GENERAL TERMS AND CONDITIONS

1. Validity

The following terms and conditions apply to all contracts with Brainwave 3D (which is operated by Brainwave Entertainment GmbH). All our offers, deliveries and services are based exclusively on these conditions. These apply to entrepreneurs i.S.d. § 1 UGB also for all future business relationships. Counter-confirmations by the buyer (entrepreneur) with reference to his own purchasing conditions are hereby expressly rejected. A consumer is any natural person who concludes a legal transaction for a purpose that cannot be attributed to their commercial or independent professional activity. An entrepreneur is a natural or legal person or a legal partnership who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.

2. Offer and conclusion of contract

2.1. The following applies to legal transactions with companies: Our offers are subject to change and non-binding. Orders require written or telex confirmation to be legally effective. The buyer is not entitled to assign claims from the contractual relationship to third parties without our consent.
2.2. The following applies to entrepreneurs and consumers: The internet presentation of our product range does not constitute a legally binding offer. It is only an invitation to submit offers. The availability of a product is checked by us in each individual case when an order is requested and, if necessary, confirmed. The customer submits his offer to conclude a purchase contract for the desired product by clicking on the "Buy course" or "Subscribe now" button, including the one entered in full in the online order mask Sends data to us. The declaration of acceptance to the customer is also at the latest when the product is delivered by us or our vicarious agents.
2.3. Only the German language is currently available for the conclusion and implementation of the contract.
2.4. We save the contract data until the contract is processed.

3. Prices

Our prices already include the applicable statutory value added tax. The amount of the prices that the buyer is supposed to pay for the purchase is shown clearly and understandably on the order form or shopping cart, regardless of whether they are different or the same.

4. Payment terms

4.1. Payment is made exclusively via PayPal, credit card payment with Master or Visa card, electronic direct debit or instant transfer.
 4.2. Offsetting against counterclaims of any kind, regardless of the legal reason, or other deductions is not permitted. This does not apply if the counterclaims have been legally established or are undisputed. However, the buyer is also entitled to retention due to counterclaims from the same contractual relationship.
 4.3. Note for subscription payments and partial payments: If the buyer purchases a subscription product or a product or service that includes partial payments via the Brainwave 3D order form, then this is considered a direct debit authorization that the buyer gives us. The amount of the payments depends on the product purchased. The prices and the agreed payment period are always clearly listed on our order form. In this case, this direct debit authorization applies to the respective payment method used.

5. Right of Withdrawal

You have the right to cancel this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the day

• on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods, if you have ordered one or more goods as part of a uniform order and the goods or goods are or are delivered uniformly . become;
• on which you or a third party named by you, who is not the carrier, has or has taken possession of the last goods, if you have ordered several goods as part of a single order and the goods are delivered separately;
• on which you or a third party named by you, who is not the carrier, has or has taken possession of the last partial shipment or the last piece, if you have ordered goods that are delivered in several partial shipments or pieces; If there are several of the above alternatives, the cancellation period only begins when you or a third party named by you who is not the carrier has taken possession of the last goods or the last partial shipment or the last item.
• In the case of digital content, the withdrawal period is 14 days from the conclusion of the contract. In order to exercise your right of withdrawal, you must inform us of your decision to withdraw from this contract by means of a clear declaration (e.g. a letter sent by post or email) to "Brainwave 3D", Stelzmühlweg 38, 4201 Eidenberg. If you make use of this option, we will immediately send you a confirmation (e.g. by email) that we have received such a revocation. To meet the cancellation deadline, it is sufficient for you to send your notification of exercising your right of cancellation before the cancellation period has expired.
• There is no right of withdrawal for instant downloads. This only applies to Ratial products (mail order).

Consequences of withdrawal
If you withdraw from this contract, we will have given you all the payments that we have received from you, including delivery costs (with the exception of the additional costs that result from choosing a different type of delivery than the cheapest standard delivery offered by us have), to be repaid immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment we use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; In no case will you be charged any fees for this repayment. We can refuse repayment until we have received the goods back or until you have provided evidence that you have sent the goods back, whichever is earlier. You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you informed us of the cancellation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired. You bear the costs of returning goods that can be sent as parcels. You also bear the direct costs of returning goods that cannot be sent by parcel post. The costs are estimated at a maximum of around EUR 20.00. "You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary to check the nature, properties and functionality of the goods. Exclusion or premature expiry of the right of withdrawal.

The right of withdrawal does not apply to contracts

• for the delivery of goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.

The right of withdrawal expires prematurely in the case of contracts

• for the delivery of goods if they were inseparably mixed with other goods after delivery due to their nature;
• for the delivery of audio or video recordings or computer software in a sealed package, if the seal was removed after delivery. "

End of revocation

6. Delivery and delivery time

6.1. The dispatch takes place within 10 days after receipt of the money on our account. Partial deliveries are permissible and can be billed independently, provided this is reasonable for the buyer and he has an objective interest in the partial delivery.
6.2. The following applies to entrepreneurs: If we fall into arrears, the buyer can only withdraw from the contract after the unsuccessful expiry of a reasonable grace period set in writing, which must be at least fourteen days, insofar as the product has not been reported as ready for dispatch by then. In the event of partial default or partial impossibility, the buyer can only withdraw from the entire contract or only demand compensation for non-fulfillment of the entire liability if the partial fulfillment of the contract is of no interest to him.

7. Transfer of risk

7.1. The statutory regulations apply to consumers.
7.2. The risk passes to the buyer, if he is an entrepreneur, as soon as the shipment has been handed over to the person carrying out the transport or has left the warehouse or that of a sub-supplier for the purpose of shipment. If the shipment is delayed at the request of the buyer, the risk is transferred to him upon notification of readiness for shipment. The same applies to the assertion of rights of retention.

8. Copyrights or other violations of intellectual property rights

8.1 The Brainwave 3D respects the intellectual property of third parties and takes the protection of copyright and all intellectual property very seriously. We therefore expect our authors, participants and other users of our website and services to do the same. Violations on our website or via our site will not be tolerated. Therefore nothing can be copied. All videos, PDFs and texts are the property of the individual authors.
Brainwave 3D's copyright policy states that (a) material will be removed if Brainwave 3D, in good faith, upon notification to a copyright owner or its agent, determines that a third party's copyright has been infringed by posting on the site, and that (b) User content that repeatedly violates copyrights is deleted. At Brainwave 3D, users who repeatedly violate copyrights are people who have uploaded registered content to the site and for whom Brainwave 3D has already received more than two warnings regarding registered content. Brainwave 3D can also delete any user account at its own discretion after receiving a single violation report or at its own discretion.
8.2 If you believe that content made available on or through our website is being used or used in a way that infringes your copyright, please send us a "Report of a copyright infringement" immediately. Your message should essentially contain the following;

• A physical or electronic signature of the person authorized to act on behalf of the work (s) owner whose rights are allegedly infringed;
• Identification of the works or materials that have been infringed or, if the notification concerns multiple works, a representative list of those works;
• Identification of the specific material which infringes or whose rights are infringed and which is to be deleted or whose access is to be blocked, as well as sufficient information to allow Brainwave 3D to locate the material;
• Sufficient information for Brainwave 3D to contact you, such as your address, phone number and an email address where you can be reached;
• A statement that you have a good faith belief that the material in the complaint has been used without the consent of the author, its agent, or the law; and
• A statement that the information in the notice is correct and that you are entitled, under penalty of perjury, to act on behalf of the owner of an exclusive right that is allegedly violated.

8.3. If you receive a notification from Brainwave 3D that material which you have made available on our or through our website is the subject of a report of a copyright infringement, you have the right to provide Brainwave 3D with a so-called "reply". For this to be valid, the reply must be in writing and contain the following basic information:

• A physical or electronic signature from the signer;
• Identification of the material that was removed or access to which was blocked, as well as the location where the material was found prior to removal or access blocked;
• A statement, under penalty of perjury, that the undersigned has a good faith belief that the material has been deleted or disabled due to error or misidentification; and
• Name, address and telephone number of the signatory as well as a declaration that the signatory consents to the jurisdiction of the Federal District Court for the judicial district in which the address is located, or, if the address of the signatory is not in Austria, for a judicial district in which the company can be found and that the undersigned will accept service from the person who sent the above notice or their agent.

When a party files a reply, they should consult an attorney to understand their obligations in making a valid reply under copyright law.

9. Retention of title

9.1. The goods remain our property until they have been paid for in full.
9.2. If the buyer is a dealer, he is entitled to resell the reserved goods in the ordinary course of business. However, he is only entitled to resell the goods to end users. Reselling to repeat buyers is expressly prohibited. As a precaution, the buyer hereby assigns to us in full all claims arising from the resale or any other legal reason (insurance, tort) with regard to the reserved goods, including all balance claims from current accounts. We revocably authorize him to collect the assigned claims for our account in his own name. The authorization to collect can only be revoked if the buyer is in default of payment. The buyer is then obliged to provide the name, address and amount of the claim of all persons to whom the reserved goods were sold by him. Pledging or transfer by way of security are not permitted. As long as the buyer is not in default of payment, we will not disclose the assignment. If third parties access the reserved goods, in particular seizures, the buyer will point out our ownership and notify us immediately so that we can enforce our property rights. If the third party is unable to reimburse us for the judicial or extrajudicial costs incurred in this connection, the buyer shall be liable for them. If the buyer acts in breach of contract - in particular default of payment, suspension of payments, filing for insolvency, we are entitled to take back the goods subject to retention of title or, if necessary, to demand the assignment of the buyer's claims for return against third parties. Taking back or seizing the reserved goods by us does not constitute a withdrawal from the contract if the buyer is an entrepreneur.

10. Guarantee

10.1. consumer
The statutory provisions apply to consumers, but the limitation period for the purchase of used items is one year. The shortening of the warranty period to one year does not apply if the obligation to pay compensation is based on physical injury or damage to health due to a defect for which we are responsible or on willful behavior or gross negligence on the part of Brainwave 3D or our vicarious agents. Notwithstanding this, we are liable under the Product Liability Act.
10.2. Entrepreneur
The buyer, who is an entrepreneur, has to report all recognizable defects after receipt of the goods, at the latest within 5 working days. Hidden defects that cannot be found even after the immediate inspection may only be asserted against us if we receive the notice of defects within 6 months after the goods have left the delivery plant. In the case of justified complaints, we are obliged, at our option, to repair or replace the goods. If the customer does not give us the opportunity to convince ourselves of the defect, in particular if he does not immediately make the goods or samples of the complaint available upon request, all warranty claims are void. Complaints of partial deliveries do not entitle the customer to refuse the remaining delivery. These conditions also apply to the delivery of goods other than those in accordance with the contract. Any warranty claims for entrepreneurs are excluded for deliveries of used goods.

11. Limitation of Liability

All claims for damages against us as well as against our vicarious agents and vicarious agents for whatever legal reason are excluded, unless they are based on:

• Violation of essential contractual obligations
• Willful misconduct or gross negligence
• Injury to life, body or health
• Product liability

12. Written form,

Any changes to a contract that is subject to these terms and conditions are only effective if they are made in writing. This also applies to this clause.

13. Subscription cancellation & money-back guarantee

Subscription cancellation & money-back guarantee1.1. The termination of the "Premium Membership" is possible every 3 months after conclusion, provided that a monthly payment has been selected. After the purchase, the debits can be frozen in the account management at any time (whereby all payments are immediately stopped and the updates are no longer delivered become).
1.2. If an annual payment is made, termination is possible annually. After termination, the account is active for the rest of the term and is automatically terminated after the contract period has expired. If we do not receive a cancellation on your part, the subscription is automatically renewed.
1.3. After purchasing a digital product, e.g. an instant download frequency, a money-back guarantee is not possible, as the withdrawal period only applies to shipping items.

14. Instructions for use and instructions for use of the frequencies

14.1 Be sure to read the frequency guide before listening to the first frequency!
- You can download it here as a PDF for free: www.brainwave-guide.com
- Make sure that this is updated continuously and that you regularly keep an eye on the changes.

14.2 Be sure to read the "Usage" tab on the product detail page in the shop!
- Make sure that this is updated continuously and that you regularly keep an eye on the changes.
- You can also download the correct usage as a PDF free of charge in the "Downloads" tab.

14.3 Register for the free newsletter on the homepage www.brainwave3d.com to be informed about any changes / updates, ...!

14.5 Safety instructions:
If you meet one or more of the following conditions, you should not use or buy the frequencies:

- epilepsy
- pregnancy
- pacemaker
- in the case of mental disorders
- cardiac arrhythmias
- regular loss of consciousness
- under 16 years old

If in doubt, ask your doctor or therapist.

In addition, you should not listen to the application while driving a car or while working with dangerous machines or doing risky activities.

As a user, you bear all the risks. Under no circumstances do we assume any risk or liability for any physical or psychological damage. Under no circumstances will our company or the managing director be liable for risks, accidents, direct and indirect damage that arise from the use of our frequencies.

This technology has been researched, further developed and tested in practice for over 100 years! No harmful side effects have been documented during this period. When used for the first time, due to the strong potency, dizziness, headaches and intense emotional outbursts or possibly mystical experiences can occur. More information on this in the brainwave guide.

If such symptoms occur, they will go away on their own after a certain time. You can repeat the 4-7-8 breathing technique (inhale for 4 seconds after holding your breath for 7 seconds, then exhale for 8 seconds, ...) or take a cold shower to speed up the process. Possibly. you can also do the breathing technique before listening to the frequency.

Your brain will eventually have to get used to the new frequencies. This can take a certain amount of time and varies from person to person.

15. Place of performance, place of jurisdiction, applicable law

15.1. The place of performance for all claims arising from the contractual relationship is Linz if the buyer is an entrepreneur. As far as the buyer is a registered trader i. S. of the Commercial Code, a legal entity under public law or a special fund under public law, Linz is the exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship.
15.2. Austrian law applies.

15.3. Online dispute resolution platform
Consumers have the opportunity to submit complaints to the EU's online dispute resolution platform: https://ec.europa.eu/odr.
You can also submit your complaint directly to our Help Center: To the contact form