Terms of sale

Ode To Terms of Sale

1. Seller

Trade name: Ode To
Email: hello@odeto.com
Website: https://myodeto.com

2. Products and Services

Ode To sells personalized digital songs created from information provided by the customer through the questionnaire available on our website.

Before purchasing, customers may be able to listen to a free personalized musical sample.

The exact features, content, and services included in each offer are those displayed on the relevant product page at the time of purchase.

3. Information Provided by the Customer

The customer is responsible for ensuring that the information provided through the questionnaire is accurate, complete, and appropriate for creating the requested song.

Ode To will not be responsible for errors in the final content where those errors result directly from inaccurate, incomplete, or ambiguous information provided by the customer.

Where reasonably possible, we may attempt to correct such issues through our revision process.

By providing names, stories, photographs, personal information, or other materials relating to themselves or other individuals, the customer confirms that they have the necessary rights or authorization to provide and use those materials for the purpose of fulfilling the order.

Customers should not provide unnecessary or sensitive personal information about other individuals.

4. Prices

Prices are displayed in the currency shown on the website or during checkout.

Applicable taxes and charges will be displayed or included where required by applicable law and as indicated before the customer confirms payment.

Ode To may change its prices, offers, and promotions at any time for future orders.

The price applicable to an order will be the price displayed and accepted by the customer when the order is confirmed.

Promotions may be subject to specific eligibility requirements, conditions, and validity periods displayed on the website.

5. Orders and Payment

Full payment is due when the order is placed unless otherwise expressly stated during checkout.

Available payment methods are those displayed through the Shopify checkout process. The specific methods available may vary depending on the customer's country, device, currency, and store configuration.

An order is considered confirmed once payment has been authorized and the customer receives an order confirmation at the email address provided during checkout.

Ode To may suspend, reject, or cancel an order for legitimate reasons, including:

Payment being declined or reversed.
Reasonable suspicion of fraud.
Clearly unlawful or prohibited content.
Insufficient information to complete the order.
Technical inability to provide the requested service.
An obvious pricing or product description error.

Where a paid order is cancelled by Ode To before production begins, the applicable payment will be refunded using the original payment method.

6. Production and Delivery

Production begins after payment has been confirmed and once Ode To has received all information reasonably necessary to complete the order.

Orders are delivered digitally to the email address provided by the customer or through another digital delivery method communicated to the customer.

Our usual delivery times are:

Standard Offer: within 24 hours.
Premium Offer: within 12 hours.

Delivery times begin once:

Payment has been successfully confirmed.
The questionnaire has been properly completed.
We have received all information necessary to produce the order.

If information is incomplete, unclear, or requires confirmation, the delivery period may be paused until the customer provides the required clarification or information.

Delivery times are estimates unless otherwise required by applicable law or expressly guaranteed at the time of purchase.

Where a technical issue or circumstance outside our reasonable control causes a delay, we will take reasonable steps to complete delivery as soon as possible and, where appropriate, inform the customer.

Customers are responsible for checking their inbox and spam or junk folders and for ensuring that the email address provided during checkout is accurate.

If you have not received your order within the expected delivery period, please contact hello@odeto.com.

7. Cancellation and Right of Withdrawal

Depending on where you live, applicable consumer protection laws may provide you with a right to cancel or withdraw from certain online purchases within a specified period.

Because Ode To provides personalized digital content, these rights may be limited or may cease to apply once production or delivery of the personalized content has begun.

Where required by applicable law, if you request or expressly agree that production begins before the expiry of an applicable cancellation or withdrawal period, you may be required to:

expressly consent to production beginning during that period; and
acknowledge that beginning production or delivery may result in the loss of your cancellation or withdrawal right.

Where required, confirmation of this consent and acknowledgment may be provided in a durable form, such as your order confirmation email.

If production has not yet begun, or if any consent legally required to begin production has not been properly obtained, you may retain any cancellation or withdrawal rights provided by applicable law.

To request cancellation, contact hello@odeto.com.

Nothing in this section limits any mandatory rights you may have where the service or digital content is defective, incorrectly supplied, does not conform to the contract, or where Ode To has otherwise failed to meet its legal obligations.

8. Revisions

Ode To offers unlimited revisions for 30 calendar days following delivery of the order.

Revisions are intended to correct or adjust the song so that it more accurately reflects the information and preferences provided in the original order.

Revisions may include reasonable changes relating to:

The story originally provided.
Names or pronunciations.
The dedication.
The occasion.
Musical preferences provided in the original questionnaire.
Errors or adjustments necessary to reflect the original request accurately.

The following are not considered revisions:

Completely changing the original story, intended recipient, or occasion.
Requesting an entirely new musical style that was not included in the original request.
Adding substantial information that was not provided in the original questionnaire.
Requesting a different song or concept from the one originally ordered.

These requests may be treated as a new order and may require an additional purchase.

Revision requests should be sent to hello@odeto.com and should include:

The order number.
A clear description of the requested changes.

The revision process does not limit any mandatory rights you may have under applicable consumer protection laws.

9. Refunds

The conditions governing cancellations and refunds are described in the Ode To Refund Policy.

The availability of unlimited revisions does not limit any statutory rights that may apply where the content delivered is defective, materially differs from the confirmed order, or otherwise fails to conform to applicable contractual or legal requirements.

10. Conformity of Digital Content

Ode To aims to provide digital content that reasonably corresponds to the description of the purchased product and the information and preferences provided by the customer.

If the content delivered materially differs from the confirmed order due to an issue attributable to Ode To, the customer may request that the issue be corrected at no additional cost.

Where required by applicable law, such correction will be provided within a reasonable period and without causing unreasonable inconvenience to the customer.

If correction is impossible, disproportionate, unsuccessful, or is not completed within the period required by applicable law, the customer may be entitled to additional remedies.

Depending on the laws applicable in the customer's jurisdiction, those remedies may include:

A price reduction.
A refund.
Cancellation or termination of the contract.
Other remedies provided by applicable consumer protection law.

Nothing in these Terms of Sale limits mandatory consumer rights that cannot legally be excluded or restricted.

11. Use of the Songs

Unless otherwise expressly agreed in writing, songs and accompanying files are provided for the personal, private, and non-commercial use of the customer and the intended recipient.

Customers may listen to, download, privately share, give as a gift, and play the songs at personal or private events.

Without prior written authorization from Ode To, the songs or files may not be:

Resold.
Sublicensed.
Commercially exploited.
Monetized.
Used in advertising campaigns.
Used in sponsored or commercial promotional content.
Incorporated into products or services intended for sale.

Additional intellectual property and licensing conditions are set out in the Ode To Terms and Conditions.

Customers wishing to use a song for professional or commercial purposes may contact hello@odeto.com to request an appropriate license.

12. Liability

Ode To will perform its obligations in accordance with applicable law.

To the extent permitted by law, Ode To will not be responsible for delays, errors, or issues caused exclusively by:

Inaccurate, incomplete, or delayed information provided by the customer.
Independent third-party service failures outside our reasonable control.
Internet or telecommunications interruptions outside our reasonable control.
Email delivery failures outside our reasonable control.
Events or circumstances that could not reasonably have been prevented or controlled.

Where a third-party provider is used by Ode To to perform our contractual obligations, nothing in this section excludes any responsibility that cannot legally be excluded.

Nothing in these Terms of Sale excludes or limits liability where such exclusion or limitation is prohibited by law.

Nothing in these Terms limits mandatory consumer rights available under applicable law.

13. Applicable Law and Dispute Resolution

These Terms of Sale are subject to the laws applicable to the business entity operating Ode To, together with any mandatory consumer protection laws that apply to the customer.

If you are purchasing as a consumer, nothing in these Terms deprives you of mandatory rights or protections available under the laws applicable in your place of residence or otherwise applicable to your purchase.

Where a dispute arises, customers may have the right to bring claims before courts, consumer protection authorities, regulatory bodies, or dispute resolution services having jurisdiction under applicable law.

Before beginning formal proceedings, you may contact us at hello@odeto.com so that we can attempt to resolve the issue amicably.

Nothing in these Terms requires a consumer to submit to a jurisdiction or dispute resolution procedure that cannot legally be imposed upon them.