General Terms and Conditions of Purchase

1. Purpose and Scope

These General Terms and Conditions of Purchase govern the acquisition of products through the online shop available on the website of Diapason the Wizard. By placing an order, the customer declares that they have read and accepted these terms before completing the purchase.These terms apply without prejudice to the rights recognised for consumers and users by applicable law.

2. Identification of the Seller

The online shop is operated by:

Pekemusik S.L.
Trading name: Diapason the Wizard
Tax ID (NIF): B86942422

Registered office:
Manuel Pardo, 35, Chalet 12\r\n28250 Torrelodones, Madrid\r\nSpain

Company registration details:
Registered in the Madrid Mercantile Registry, Volume 32.169, Folio 47, Section 8, Sheet M-578886.

Email:
magodiapason@gmail.com

Website:
www.magodiapason.com

3. Available products

The online shop offers products related to the Diapason the Wizard Musical Method, including:

  • Educational books.
  • Children’s stories.
  • Teaching and musical materials.
  • Sheet music and printed publications.
  • Educational games and resources.
  • Puppets and other physical materials.
  • Other products linked to the Diapason the Wizard Musical Method.

The main features, price and availability of each product will be shown on its product page.Diapason the Wizard endeavours to ensure that photographs, descriptions and specifications are faithful to the product. However, small variations in colour, size, binding, printing or finish may occur due to the device used, the manufacturing process or subsequent editions.

4. Availability

All orders are subject to product availability.If, after a purchase has been made, a product is found to be unavailable, Diapason the Wizard will inform the customer as soon as possible and, where appropriate, offer:

  • To wait until it is available again.
  • To replace it with another product, subject to the customer’s acceptance.
  • To cancel the unavailable product and refund its price.
  • To cancel the entire order and refund the amounts paid.

5. Prices and taxes

Prices are shown in euros (€).Prices will include the taxes legally applicable, unless expressly stated otherwise. Shipping costs, where applicable, will be shown before confirming the order.Diapason the Wizard may change prices at any time. Changes will not affect orders that have already been properly confirmed.If a manifest error is detected in the price, description or configuration of a product, the customer will be informed before dispatch. The customer may confirm the purchase with the corrected information or cancel it and receive a full refund.

6. Purchase procedure

To place an order, the customer must follow the procedure indicated in the online shop and provide the requested information.Before completing the purchase, they will be able to review, depending on the available options:

  • The selected products.
  • The quantities.
  • The prices.
  • Shipping costs.
  • The delivery address.
  • The total order amount.

The customer is responsible for checking that the contact, billing and delivery details are complete and correct.The contract may be concluded in Spanish and, where the corresponding shop is available, in English.

7. Correction of errors

Before confirming the order, the customer may modify the products, quantities and data entered using the tools available during the purchase process.If they detect an error after completing the order, they must write as soon as possible to magodiapason@gmail.com.It is not guaranteed that it will be possible to modify the delivery address or the contents of an order once its processing has started or it has been handed over to the carrier.

8. Confirmation and formalisation of the order

Once the purchase process has been completed, the customer will receive an order or payment confirmation by the available means.The order will be considered accepted when payment has been authorised and the purchase has been confirmed by Diapason the Wizard.Diapason the Wizard may refuse or cancel an order for justified reasons, including:

  • Lack of payment authorisation.
  • Product unavailability.
  • Manifest error in the price or description.
  • Incomplete or incorrect delivery details.
  • Reasonable indications of fraud or unauthorised use.
  • Inability to deliver to the indicated destination.

If any amount has been charged for a cancelled order, it will be refunded.

9. Contract archiving

Diapason the Wizard may retain the order information electronically for the periods necessary to manage the purchase, fulfil its legal obligations and deal with possible claims.The customer should keep the purchase confirmation, the PayPal receipt and any communication related to the order.

10. Payment methods

Payments are processed using PayPal.The payment service is subject to PayPal’s terms and privacy policies.Diapason the Wizard does not store full card details, bank account information or PayPal login credentials directly.The order will begin to be processed when payment has been correctly authorised.

11. Billing

The customer must provide complete and accurate billing details when requesting an invoice.To request or correct an invoice, you can contact magodiapason@gmail.com.

12. Shipping zones

We currently ship to:

[COMPLETAR: España peninsular, Baleares, Canarias, Ceuta, Melilla, Unión Europea, México, Chile u otros destinos]

If a country or territory does not appear as available at checkout, the customer should first check whether shipping is possible and what the cost will be.

13. Preparation and delivery times

The usual estimated times are:

  • Spain: [COMPLETAR: plazo habitual]
  • European Union: [COMPLETAR: plazo habitual]
  • Other destinations: [COMPLETAR: plazo habitual]

The times shown are estimates and may vary due to availability, destination, carrier, periods of high demand, public holidays, customs delays or circumstances beyond the reasonable control of Diapason the Wizard.Unless a different delivery period has been expressly agreed, the maximum period provided for by consumer law will apply. Diapason the Wizard will inform the customer as soon as it becomes aware of any significant delay.

14. Delivery address

Orders will be delivered to the address provided by the customer at checkout. The customer must check that the address, postcode, town/city, province, country, telephone number and recipient name are correct. Costs arising from an incorrect, incomplete or inaccessible address may be charged to the customer where the error is not attributable to Diapason the Wizard.

15. Customs, duties and import taxes

Shipments sent outside the customs territory of the European Union may be subject to taxes, duties, handling fees or procedures required by the authorities of the destination country. Unless expressly stated otherwise at the time of purchase, these charges are not included in the price or in the shipping costs and are the responsibility of the recipient. The customer should check the applicable import regulations in their country before placing an order.

16. Receipt of the order

The customer should check the external condition of the package on receipt. If there are visible signs of damage, tampering or a broken package, it is advisable to record this with the carrier and take photographs before opening it. Signing for or accepting the package does not prevent later claims for defects or non‑conformity that were not visible at the time of delivery.

17. Right of withdrawal

When the buyer qualifies as a consumer, they will generally have a period of 14 calendar days to withdraw from a distance purchase, without needing to justify their decision. For physical products, the period begins on the day the consumer, or an authorised third party other than the carrier, takes physical possession of the order. If an order contains several items delivered separately, the period begins when the last item is received. To exercise the right of withdrawal, an unequivocal communication must be sent before the period expires to magodiapason@gmail.com. The communication must include at least:

  • Full name.
  • Order number or reference.
  • Products for which the right of withdrawal is being exercised.
  • Date of receipt.
  • A clear statement of the decision to withdraw.

18. Model withdrawal form

The consumer may use the following model, although its use is not mandatory:

To the attention of Pekemusik S.L. — Diapason the Wizard: I hereby notify you that I withdraw from my sales contract in relation to the following products: Product(s): ______________________________Order number: _________________________________ Order date: _________________________________Date of receipt: _______________________________Consumer’s name: ____________________________Consumer’s address: _________________________Date: ____________________________________________Signature, only if this form is submitted on paper: _________________________________________________

19. Return of products following withdrawal

Once withdrawal has been communicated, the customer must return the products without undue delay and, at the latest, within 14 calendar days.Returns should be sent to:

[COMPLETAR: dirección exacta para devoluciones]

Before sending the return, the customer should contact Diapason the Wizard to receive the necessary instructions. Products must be returned:

  • Complete and in good condition.
  • Without signs of use other than those necessary to check their nature and characteristics.
  • With their components, accessories and documentation.
  • In their original packaging wherever reasonably possible.

The customer will be responsible for any diminished value resulting from handling beyond what is necessary to inspect the product.

20. Return costs

For returns made following a withdrawal, the direct return costs will be borne by the customer. Diapason the Wizard will cover the return costs where:

  • An incorrect product was sent.
  • The product arrived damaged.
  • The product is defective or does not match its description.
  • Diapason the Wizard has expressly agreed to assume them.

We recommend using a tracked shipping service, as the customer is responsible for the product until the return is received.

21. Refund

When the right of withdrawal has been properly exercised, Diapason the Wizard will refund the corresponding amounts using the same payment method used, unless another procedure has been expressly agreed. The refund may be withheld until:

  • the returned products have been received, or
  • the customer provides proof that they have been sent.

The cost of the standard delivery method originally offered will be refunded. Any additional costs arising from a more expensive delivery option voluntarily chosen by the customer may be excluded.

The refund may be reduced proportionally if the product has suffered a loss in value caused by excessive handling.

22. Exceptions to the right of withdrawal

The right of withdrawal will not apply in cases established by law, including:

  • Products made to the customer’s specifications.
  • Clearly personalised products.
  • Sealed goods that are not suitable for return for health or hygiene protection reasons once they have been unsealed.
  • Sealed audio or video recordings and sealed software that have been unsealed after delivery.
  • Digital content supplied without a physical medium where its performance has begun with the customer’s express consent and with acknowledgement that they lose the right of withdrawal.

Where an exception applies, the customer will be informed before completing the purchase.

23. Damaged, defective or incorrect products

If the order arrives damaged, incomplete, defective or does not match the product purchased, the customer should contact as soon as possible: magodiapason@gmail.comIt is advisable to attach:

  • Order number.
  • Description of the issue.
  • Photographs of the product.
  • Photographs of the packaging.
  • Shipping label, when relevant.

Depending on the circumstances and applicable law, the following may be offered:

  • Repair.
  • Replacement.
  • Price reduction.
  • Partial or full refund.

24. Statutory guarantee

Products sold to consumers are covered by the statutory guarantee provided under Spanish and European law.

As a general rule, new goods sold in Spain have a statutory guarantee of three years from delivery against lack of conformity.

Lack of conformity may exist when the product:

  • Does not correspond to the description provided.
  • Is not fit for its normal use.
  • Does not present the quality, performance or characteristics that can reasonably be expected.
  • Is delivered incomplete, defective or damaged.

Rights arising from the statutory guarantee are independent of any additional commercial guarantee that may be offered.

25. Digital products

If the shop offers at any time digital content, downloadable files, audio, video, digital scores or other resources without a physical medium, their product page will indicate the specific conditions of access, download and use.

Where the download or immediate access begins with the customer’s express consent and the customer acknowledges that they lose their right of withdrawal, they may not withdraw once the supply has begun, in cases permitted by law.

The purchase of digital content grants only a personal, limited, non‑exclusive and non‑transferable licence for the expressly indicated use.

26. Educational use of the products

The purchase of books, stories, scores, teaching materials or any other product of Diapason the Wizard does not grant authorisation to teach the musical method Diapason the Wizard professionally.

The purchase also does not authorise the customer to:

  • Present themselves as an authorised teacher, school or centre of Diapason the Wizard.
  • Teach the method professionally without the appropriate licence.
  • Photocopy, scan or reproduce books and materials.
  • Distribute physical or digital copies.
  • Translate, modify or adapt the content.
  • Create derivative courses, methods or materials.
  • Use characters, illustrations, songs, stories, scores or activities for commercial or promotional purposes.

Official use of the method requires the corresponding authorisation, training, agreement or licence granted by Pekemusik S.L.

27. Intellectual and industrial property

The books, stories, texts, songs, recordings, scores, illustrations, characters, activities, teaching materials, photographs, videos, apps, designs, brands and logos associated with Diapason the Wizard are protected by intellectual and industrial property rights.

These rights belong to Pekemusik S.L., to Diapason the Wizard or to third parties who have authorised their use.

Without prior written authorisation, the materials may not be:

  • Copied or reproduced.
  • Distributed, resold or shared.
  • Published on the Internet or social networks.
  • Scanned or digitised.
  • Translated, modified or adapted.
  • Used in unauthorised courses, workshops or training.
  • Incorporated into derivative products, activities or content.

28. Artificial intelligence and automated systems

Without prior written authorisation from Pekemusik S.L., the books, stories, songs, illustrations, characters, scores, teaching materials and other protected content may not be:

  • Uploaded to artificial intelligence platforms.
  • Used to train or fine‑tune artificial intelligence models.
  • Included in machine learning datasets.
  • Used to generate text, images, music, audio, videos, activities or derivative materials.
  • Extracted, collected or processed by automated systems.

This limitation will apply without prejudice to any uses that are expressly permitted by applicable law.

29. Customer obligations

The customer undertakes to:

  • Provide complete, accurate and up-to-date information.
  • Use the shop and its products lawfully.
  • Pay correctly for orders placed.
  • Respect intellectual and industrial property rights.
  • Use the products in accordance with their purpose and the instructions provided.
  • Not resell products when the purchase is expressly intended for personal or non-commercial educational use.

30. Limitation of liability

Nothing in these terms shall exclude or limit rights or liabilities that cannot be excluded by law.

Within the limits permitted by law, Diapason the Wizard will not be liable for damages arising from:

  • Incorrect or unintended use of the products.
  • Failure to follow the provided instructions.
  • Unauthorized reproduction or use of the materials.
  • Delays caused by carriers, customs, strikes, disasters, technological incidents or force majeure.
  • Incorrect delivery details provided by the customer.
  • Indirect damages that were not reasonably foreseeable at the time of purchase.

31. Force majeure

Neither party will be liable for failure to perform caused by unforeseeable or unavoidable circumstances beyond its reasonable control.

Such circumstances may include natural disasters, conflicts, strikes, administrative restrictions, transport disruptions, supplier incidents, widespread communication failures or exceptional public health situations.

32. Data protection

Personal data provided during the purchase process will be processed in accordance with our Privacy Policy.

Data processed directly by PayPal will also be subject to the terms and privacy policies of that provider.

33. Cookies

Information about the cookies used on this website is available in our Cookie Policy.

34. Customer service and complaints

To make enquiries, report incidents or submit a complaint, the customer may write to magodiapason@gmail.com.

They should provide sufficient information to identify the order and clearly explain the enquiry or incident.

35. Changes to the terms

Diapason the Wizard may modify these General Terms and Conditions of Purchase to adapt them to legal, technical, commercial or operational changes.

The order will be subject to the terms in force at the time the purchase is made.

36. Partial invalidity

If any clause of these terms is declared null, invalid or unenforceable, the remaining provisions will remain in force.

The affected clause will be interpreted or replaced in a way that best preserves its purpose and complies with applicable law.

37. Applicable law and jurisdiction

These General Terms and Conditions of Purchase are governed by Spanish law.

Disputes will be submitted to the courts and tribunals that are competent under applicable law.

Where the buyer is a consumer, the rights and jurisdictions afforded to them by consumer protection legislation will be respected.