Terms and Conditions Customer Information

(The following terms also include legal information on your rights under the provisions on distance contracts and e-commerce.)

1. Area of application
2. Offers and specifications
3. Ordering and contract
4. Prices and shipping costs
5. Delivery, product availability
6. Payment Terms
7. Reservation of ownership
8. Warranty for defects and warranty
9. Liability
10. Disclaimer
11. Storage of contract
12. Privacy Policy
13. Jurisdiction, Applicable Law, Contract Language

1. Area of application
1.1. For the business relationship between Brainspa, owner: Uwe Gramann, Zwickauer Straße 65, 04277 Leipzig, Germany (hereinafter “Seller”) and the customer (hereinafter “Customer”), the following general terms and conditions apply in their valid at the time the order is placed.
1.2. You can contact our customer service for questions and complaints via e-mail at kontakt@brainspa.de.
1.3. Consumers in the sense of these terms shall mean any natural person who enters into a legal transaction for a purpose that can be attributed mostly neither commercial nor its independent professional activity (§ 13 BGB Germany).
1.4. Differing conditions of the customer are not recognized, unless the seller agrees to them explicitly.

2. Offers and specifications
2.1. The presentation of products in our online shop is not a legally binding offer but an invitation to place an order. Service descriptions in catalogs and on the web pages of the Seller have not the character of a representation or warranty.
2.2. All offers are “while stocks last”, if not stated otherwise in the products. Incidentally errors excepted.

3. Ordering and contract
3.1. The customer can choose from the range of the seller Select obligation and this “Add to cart” in a so-called basket Collect the button. Then the customer can “Checkout” in the shopping cart by clicking the button at the end of the ordering process below.
3.2. About the “Buy” button, the customer makes a binding offer to buy the goods in the basket. Before sending the order, the customer can see and change the data at any time. Required fields are marked with an asterisk (*).
3.3. The seller then sends the customer an automatic confirmation of receipt by e-mail to, in which the customer’s order is listed again and the customer can print using the “print” (order confirmation). The automated confirmation of receipt only documents that the customer’s order is received by the Seller and does not constitute acceptance of the request. The purchase contract is only concluded when the seller the ordered product will ship in 2 days to the customer, handed over or during shipment to has confirmed the customer within 2 days with a second e-mail or express order confirmation or sending the invoice. In Download products, the purchase contract comes into existence by the fact that you click the button “Buy”.
3.4. Should the seller provide advance payment, the contract is the provision of banking information and payment. If the payment is not received despite being in arrears, even after a second notice served to a time of 10 calendar days after sending the order confirmation by the seller, the seller cancels the contract back with the result that the order was null and void and the seller no delivery obligation applies. The order is then settled for the buyer and seller with no other consequences. Therefore, a reservation of the article on payment in advance payments carried out for a maximum of 10 calendar days.

4. Prices and shipping costs
4.1. All prices on the website are inclusive of VAT in Germany. If you order outside of Germany, the price including VAT of Germany will be displayed first. Once you have logged in and your address and your country have entered, the price is calculated in accordance with the VAT or sales tax in your country and re-displayed.
4.2. In addition to the prices charged to the seller for delivery shipping. Shipping fees are communicated to the buyer clearly on a separate information page and in the ordering process. In Download products, there are no shipping costs.

5. Delivery, product availability, delivery abroad
5.1. As far as payment with bank transfer is agreed, delivery is made after receipt of the invoice amount.
5.2. Should not all ordered products be in stock, the seller is entitled to partial deliveries at its own expense, as far as is reasonable for the Customer.
5.3. Should the delivery of the goods due to the fault of the purchaser fail after three delivery attempts, the seller can withdraw from the contract. If necessary, payments will be refunded to the customer immediately.
5.4. If the ordered product is not available, because the seller with this product is not supplied by his supplier without any fault, the seller can withdraw from the contract. In this case, the seller will inform the customer immediately and may propose to supply a comparable product. If no comparable product is available or if the customer does not wish to supply a comparable product, the seller will refund the customer may already immediately monies paid.
5.5. The delivery of digital download products (music) is done by sending an e-mail to the specified e-mail address of the customer with one or more download links after payment (cash receipt at Brainspa). If the customer has registered with a user account and paid, download links are also in the Account available. The download links are after sending or activation valid for 14 days and expire after that for security reasons. The customer accepts and agrees that he purchased products downloads within 14 days.
5.6. Customers will be informed of delivery times and delivery constraints (eg limitation of deliveries to certain countries) on a separate information page or within the product description.
5.7. The Seller provides the supply of products to download to Germany and to all EU countries. Deliveries to countries outside the European Union (EU) are currently not possible.

6. Payment Terms
6.1. The customer can under and before completing the ordering process choose from the available payment methods. Customers will be informed of the available cash on a separate information page “Payment Methods”.
6.2. Is the payment by invoice, payment must be made within 30 days of receipt of the goods and the invoice. For all other forms of payment payment in advance shall be made without deduction.
6.3. Are third-party commissioned with the payment processing, for example Paypal, their Terms are valid.
6.4. If the due date of payment determined by the calendar, then the customer is already in default observance of the event. In this case the customer has to pay the statutory default interest.
6.5. The customer’s obligation to pay default interest includes the assertion another delay damages by the seller is not enough.
6.6. A right to offset the customer only if his counterclaims are legally established or recognized by the seller. The customer can only exercise a lien, if the claims from the same contractual relationship.

7. Reservation of ownership
Until full payment of the delivered goods remain the property of the seller.

8. Warranty for defects and warranty
8.1. The warranty shall be governed by statutory provisions.
8.2. A guarantee is when the goods supplied by the Seller only if this has been expressly stated. Customers will be informed of the guarantee terms before the initiation of the ordering process.

9. Liability
9.1. For a liability of the seller for damages without prejudice to the other legal conditions to entitlement are following disclaimers and limitations.
9.2. The seller has unlimited liability if the damage was caused by intent or gross negligence.
9.3. Furthermore, the seller is liable for the negligent breach of essential duties, which endangers the purpose of the contract, or for the breach of duties the fulfillment of which makes the proper execution of the contract and on whose fulfillment the customer regularly relies. In this case, however, the seller is liable only for the foreseeable, typical damage. The seller is not liable for the negligent breach other than those mentioned in the preceding sentences obligations.
9.4. The above limitations shall not apply to injury to life, limb and health, for a defect after assumption of a guarantee for the quality of the product and fraudulently concealed defects. Liability under the product liability law remains unaffected.
9.5. As far as the seller’s liability is excluded or limited, this also applies to the personal liability of employees, representatives and agents.

10. Disclaimer
10.1 The seller is not liable for damages arising from improper use of the products offered. These are at the appropriate products in the product description notes, for example, “When should Brainspa music not be heard”. For violations of the seller accepts no liability whatsoever.

11. Storage of contract
11.1. The customer can print out the text of the contract prior to the delivery of the order to the seller by using the print function of their browser in the last step of the order.
11.2. The seller also send the customer to an order confirmation with all order data to the email address specified by him. With the order confirmation, the customer receives also a copy of the Terms and Conditions, together with the right of revocation and the instructions about shipping and delivery and payment. If the cumstomer have registered with an account, the customer can see the orders placed in the customer account. In addition, we save the contract text, but make it inaccessible on the Internet.

12. Privacy Policy
12.1. The seller save personal data of the customer for appropriate purposes and accordingly legal regulations.
12.2. Specified personal informations for the purpose of ordering goods (such as name, email address, address, payment data) are used by the seller for fulfillment and handling of the contract. These data will be kept confidential and not disclosed to third parties who are not involved in the ordering, delivery and payment procedures.
12.3. The customer has the right to obtain information free of charge about the personal data that have been stored by the seller about him. In addition, he has the right to correct inaccurate data, blocking and deletion of their personal data, insofar as there is no legal obligation to retain.
12.4. For more information about the kind, scope, place and purpose of collecting, processing and use of personal data required by the seller can be found in the Privacy Policy.

13. Jurisdiction, Applicable Law, Contract Language
13.1. Jurisdiction and place of performance is the location of the seller, if the customer is a merchant, legal entity under public law or public law special fund.
13.2. Contract language is German.

1.04.2016