TERMS & CONDITIONS

Last Updated: 08 June 2025

Welcome to JANW MUSIC Creative Agency. These Terms and Conditions (“Terms”) govern your use of our website and your engagement of our services. By accessing this website or engaging our services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree, you must refrain from using the website or services.

1. DEFINITIONS

   “Client”, “You”, “Your”: the person or entity accessing the website or engaging our services.

   “Company”, “We”, “Us”, “Our”: JANW MUSIC – JAN NIKLAS WILHELM.

   “Parties”: the Client and the Company together.

   
   

2. COOKIES & PRIVACY

   We use cookies and similar technologies as described in our Privacy Policy. Where required by law (e.g., GDPR/ePrivacy rules), non-essential cookies are only set with your prior consent. You can withdraw consent at any time via your browser or our consent tool. For details about data processing, please refer to our Privacy Policy.

   
   

3. INTELLECTUAL PROPERTY RIGHTS

   Unless otherwise stated, the Company and/or its licensors own all intellectual property rights in the website and its content. All rights are reserved. You may access content for personal, non-commercial use, subject to these Terms. You must not republish, sell, rent, sub-license, reproduce, duplicate, copy, or redistribute website content without prior written consent.

   
   

4. HYPERLINKING TO OUR CONTENT

   The following organisations may link to our website without prior written approval: government agencies; search engines; news organisations; online directory distributors linking in the same manner as to other listed businesses; and system-wide accredited businesses (excluding soliciting non-profits, charity shopping malls, and fundraising groups). Links must not be deceptive, must not falsely imply sponsorship or endorsement, and must fit the linking site’s context. We may request removal of any link at any time.

   
   

5. SERVICE BOOKING AND CANCELLATION POLICY

   5.1 Booking of Appointments: An appointment is confirmed only upon written confirmation by the Company. In exceptional cases, a deposit may be required; the amount depends on the project and will be communicated prior to booking. Deposits, where required, are credited against the final fee.

   5.2 Cancellation, Rescheduling, and No-Show: 14 calendar days or more before the appointment: free of charge. Between 14 and 7 calendar days before: 50% of the agreed service fee. Less than 7 calendar days before or no-show: 100% of the agreed service fee. These amounts constitute reasonable liquidated damages reflecting lost capacity and preparation costs. You remain free to prove that the actual loss was lower; likewise, we may claim higher proven loss.

   5.3 Rescheduling: Rescheduling is subject to availability and requires written confirmation by the Company. Requests made less than 7 days before the appointment may incur a 25% rescheduling fee.

   5.4 Late Arrival: Late arrival may reduce the service time; the full fee remains payable. Arrivals more than 30 minutes late without prior notice are treated as a no-show under 5.2.

   5.5 Cancellation by the Company: If we must cancel for reasons attributable to us, we will offer an alternative date or refund any payments made. We are not liable for indirect or consequential losses resulting from such cancellation, except in cases of intent or gross negligence.

   5.6 Consumer Information (EU/Germany): If you are a consumer within the meaning of applicable law, mandatory consumer rights remain unaffected. Where the law grants a statutory right of withdrawal for distance contracts, it applies unless an exception exists. Date-specific services relating to leisure activities may be exempt from withdrawal under German law.

   
   

6. PAYMENT TERMS

   All prices are stated in Euro (EUR) unless indicated otherwise. Unless otherwise agreed in writing, invoices are due within fourteen (14) calendar days from the invoice date. In case of default, we may charge statutory default interest (currently as per § 288 BGB: 5 percentage points above the base rate for consumers; 9 percentage points above the base rate for business clients) and reasonable reminder fees. Offsetting or rights of retention are permitted only with undisputed or legally established claims.

   
   

7. WEBSITE ACCURACY AND AVAILABILITY

   We do not warrant that information on the website is correct, complete, or current. We do not guarantee continuous availability or that content will be updated.

   
   

8. LIABILITY

   We are liable without limitation for intent and gross negligence, as well as for injury to life, body, or health. In cases of slight negligence, we are liable only for breach of material contractual obligations (cardinal duties), limited to typical, foreseeable damages. Liability under the German Product Liability Act remains unaffected. Any further liability is excluded to the extent permitted by law.

   
   

9. FORCE MAJEURE

   We are not liable for any failure or delay in performance due to events beyond our reasonable control, including but not limited to illness, extreme weather, natural disasters, widespread technical outages, government restrictions, or other force majeure events. We may cancel or reschedule affected appointments without liability for resulting losses.

   
   

10. CHANGES TO THESE TERMS

    We may amend these Terms at any time. The version in force at the time of your booking or website use applies. Continued use of the website or services after changes take effect constitutes acceptance of the amended Terms.

    
    

11. GOVERNING LAW AND JURISDICTION

    These Terms are governed by the laws of the Federal Republic of Germany. Subject to any mandatory consumer jurisdiction rules, the exclusive place of jurisdiction shall be the courts of North Rhine-Westphalia, with venue in Lemgo (where permissible).

    
    

12. LANGUAGE

    These Terms are drafted in English. The English version prevails; translations are for convenience only.

    
    

13. SEVERABILITY, NO WAIVER, ASSIGNMENT, ENTIRE AGREEMENT

    If any provision is or becomes invalid or unenforceable, the remaining provisions remain in full force. Failure to enforce a right does not constitute a waiver. We may assign contractual rights to an affiliated or successor entity; your statutory rights remain unaffected. These Terms constitute the entire agreement regarding the website and the booked services (unless a separate written agreement is executed).

    
    

14. CONTACT

    JANW MUSIC – JAN NIKLAS WILHELM

    Bredaer Weg 6, 32657 Lemgo, Germany

    Email: contact@janw-music.com

CONSUMER NOTICE (EU/GERMANY)

If you are a consumer within the meaning of applicable law, you may have a statutory right of withdrawal for distance contracts. However, this right does not apply to contracts for the provision of services related to leisure activities where the contract provides for a specific date or period of performance (§ 312g(2) No. 9 BGB). By booking a date-specific service, you acknowledge and agree that no statutory right of withdrawal applies once the booking is confirmed, and our standard cancellation policy will apply.