Terms and Conditions

1. Service Provider

These Terms and Conditions ("Terms") govern your use of the ToddleMusic service provided by:

2. Acceptance of Terms

By placing an order with ToddleMusic, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions. If you do not agree with any part of these Terms, you must not use our service.

3. Description of Service

ToddleMusic provides custom-made, personalized songs for toddlers. Our service includes:

• Custom-written lyrics tailored to your child's name and preferences
• Professional music composition and recording
• Delivery of MP3 audio files (typically 2 variations per song)
• Printable lyric sheet (available as optional add-on for $5 USD or €5 EUR)
• Delivery within 24–48 hours (or 12 hours for express orders)

Each song is handcrafted and created manually by our team. The service is personalized and customized based on the information you provide during the ordering process.

4. Order Process

4.1 Placing an Order

To place an order, you must:

• Select a package (Single Song, Family Bundle, or Super Saver)
• Provide accurate information about your child (name, preferences, theme)
• Complete the payment process
• Provide a valid email address for delivery

4.2 Order Confirmation

Upon successful payment, you will receive an order confirmation email. This email constitutes acceptance of your order and the formation of a contract between you and ToddleMusic.

4.3 Order Modifications

Once an order has been confirmed and production has begun, modifications may not be possible. If you need to make changes, please contact us immediately at [email protected]. We will do our best to accommodate reasonable requests, but cannot guarantee changes can be made after production has started.

5. Pricing and Payment

5.1 Prices

Prices are displayed in USD for customers in the United States and EUR for customers in Europe. All prices include applicable taxes. Prices are subject to change at any time, but changes will not affect orders that have already been confirmed.

• Single Song: $39 USD / €39 EUR
• Family Bundle: $97 USD / €97 EUR
• Super Saver: $149 USD / €149 EUR
• Printable Lyric Sheet (Add-on): $5 USD / €5 EUR

5.2 Payment

Payment is processed securely through Stripe. We accept major credit cards and debit cards. Payment must be completed before production begins.

By providing payment information, you represent and warrant that you are authorized to use the payment method and that the payment information is accurate.

6. Delivery

6.1 Delivery Time

Standard delivery time is 24–48 hours from order confirmation. Express delivery (12 hours) is available for an additional fee, if offered.

Delivery times are estimates and may vary based on order volume and complexity. We will notify you if there are any delays.

6.2 Delivery Method

Completed songs are delivered via email to the address provided during checkout. The email will contain download links for the MP3 files. If you purchased the printable lyric sheet add-on, it will also be included in the delivery email. You are responsible for ensuring your email address is correct and that you can receive emails from our domain.

7. Refund Policy

7.2 No Refunds for Subsequent Orders

All orders after your first order are final and non-refundable. This policy is in place because:

• Each song is custom-made and requires significant time and resources to create
• Once production begins, costs are incurred that cannot be recovered
• This policy helps us maintain fair pricing and prevent abuse of our service

By placing a second or subsequent order, you acknowledge that you understand and accept this no-refund policy.

7.3 Right of Withdrawal (EU Consumer Rights)

Under EU and Austrian consumer protection law, you generally have a 14-day right of withdrawal for distance contracts. However, this right does not apply to custom-made goods that are clearly personalized or made to your specifications (Article 16(c) of EU Directive 2011/83/EU).

Since our songs are custom-made and personalized based on your specific requirements (child's name, preferences, themes), they are considered custom-made goods. Therefore, the standard 14-day right of withdrawal does not apply, except for the satisfaction guarantee on your first order as described above.

If you are a consumer and believe you have additional rights under Austrian law, please contact us to discuss your specific situation.

7.4 Cancellation Before Production

If you wish to cancel your order before production has begun, please contact us immediately. We will attempt to accommodate cancellation requests, but once production has started, cancellation may not be possible. Refunds for cancellations before production are at our discretion and may be subject to processing fees.

8. Intellectual Property

8.1 Ownership

Upon full payment and delivery, you receive a non-exclusive, personal, non-transferable license to use the custom song(s) for personal, non-commercial purposes.

The copyright and all intellectual property rights in the music, composition, and recordings remain with ToddleMusic and/or our licensors. You may not:

• Resell, redistribute, or commercially exploit the songs
• Modify the songs or create derivative works
• Remove copyright notices or watermarks
• Use the songs for commercial purposes without written permission

8.2 Your Content

By providing information about your child (name, preferences, etc.), you grant us permission to use this information solely for the purpose of creating your custom song. We do not use this information for marketing or other purposes without your consent.

9. Limitation of Liability

9.1 Service Availability

We strive to provide reliable service, but we do not guarantee that our website or service will be available at all times or free from errors, interruptions, or delays.

9.2 Limitation of Damages

To the maximum extent permitted by Austrian law, our liability is limited to the amount you paid for the specific order in question. We are not liable for:

• Indirect, consequential, or incidental damages
• Loss of data or profits
• Delays beyond our reasonable control
• Issues arising from incorrect information provided by you

9.3 Consumer Rights

Nothing in these Terms limits your rights as a consumer under mandatory provisions of Austrian and EU consumer protection law. If you are a consumer, you have certain statutory rights that cannot be excluded or limited.

10. Warranties and Disclaimers

We warrant that:

• The songs will be delivered in the format specified (MP3)
• The songs will be personalized according to the information you provided
• We will use reasonable efforts to meet delivery timeframes

We do not warrant that:

• The songs will meet your or your child's specific expectations or preferences
• The songs will be suitable for all purposes
• The service will be error-free or uninterrupted

Except as expressly stated in these Terms, all warranties, express or implied, are excluded to the maximum extent permitted by law.

11. User Responsibilities

You agree to:

• Provide accurate and complete information when placing an order
• Ensure you have the right to use any personal information you provide (e.g., child's name)
• Use the songs only for personal, non-commercial purposes
• Not attempt to reverse-engineer, copy, or reproduce the songs
• Not use our service for any illegal or unauthorized purpose

12. Dispute Resolution

12.1 Contact Us First

If you have any concerns or disputes, please contact us first at [email protected]. We are committed to resolving issues amicably and will make reasonable efforts to address your concerns.

12.2 Online Dispute Resolution (ODR)

As required by EU law, if you are a consumer resident in the EU, you may use the European Online Dispute Resolution platform to resolve disputes:

https://ec.europa.eu/consumers/odr

12.3 Applicable Law and Jurisdiction

These Terms are governed by Austrian law. For consumers:

• If you are a consumer resident in Austria, disputes will be subject to the jurisdiction of Austrian courts
• If you are a consumer resident in another EU member state, you may also have the right to bring proceedings in your home country under certain circumstances
• Nothing in these Terms affects your rights as a consumer under mandatory provisions of your local consumer protection law

For business customers, any disputes shall be subject to the exclusive jurisdiction of the competent courts in Vienna, Austria.

13. Changes to Terms

We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting on this page. Your continued use of our service after changes are posted constitutes acceptance of the modified Terms. Material changes will be communicated to existing customers via email when possible.

14. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect. The invalid provision shall be replaced with a valid provision that comes closest to the intent of the original provision.

15. Contact Information

For questions, concerns, or to exercise your rights under these Terms, please contact us:

16. Consumer Information (Austrian Law)

In accordance with Austrian consumer protection law (Konsumentenschutzgesetz), we provide the following information:

• Business Name: ToddleMusic
• Owner: Simon Plieseis
• Address: Eva-Maria-Mazzucco-Platz 2, 1220 Wien, Austria
• Phone: +43 660 9518389
• Contact: [email protected]
• VAT ID: ATU80348205
• Service: Custom-made personalized songs for toddlers
• Payment: Payment in advance via credit/debit card
• Delivery: Digital delivery via email within 24–48 hours (or 12h express)

As a consumer, you have rights under Austrian and EU consumer protection law. These Terms do not limit your mandatory consumer rights.