Refund and Returns Policy

This Warranty and Return Policy (Refund Policy) outlines the full terms and conditions between you and BRAIN WAVES TECH (“We” or “BRAIN WAVES TECH”) regarding your purchase of an BRAIN WAVES TECH neuroheadset and software..

Software

Please be aware that BRAIN WAVES TECH does not allow returns or provide refunds for digital download applications that are sold..

Subscriptions

the subscription needs to be renewed before the end of the subscription date, and the next bill date is displayed on the subscription settings to avoid any surprises. Monthly subscribers need to repeat the payment for the monthly subscription, and the subscription will continue until the following month. Refunds are not offered on subscriptions at this time.

For annual subscribers, if they decide to cancel at any time in the middle of the subscription period, they can unsubscribe it, but no amount will be refunded to them. For monthly subscribers, if they decide to cancel at any time in the middle of the subscription period, they will continue to receive the rest of their prepaid subscription until it runs out. Refunds on subscriptions for the rest of the cycle are not offered at this time.

Hardware

We offer a 7-day return policy for all hardware purchases from the date of receipt. If you are not satisfied with your purchase, you may return the hardware for a refund, less shipping and handling charges, and any applicable restocking fee as described below. Please note that the return policy applies to hardware purchases only and does not apply to software or digital downloads.

Restocking Fees: If the product is defective or Dead on Arrival (DOA), you may still return the hardware within 7 days from the date of receipt. However, BRAIN WAVES TECH will charge a restocking fee of up to 25% of the purchase price paid, plus any applicable sales tax. Please note that shipping fees for the headset are the responsibility of the purchaser and will not be refunded.

A BRAIN WAVES TECH product is considered DOA if it shows symptoms of a hardware failure, preventing basic operations when you first use it after opening the box. If you believe that your product is DOA, please contact support immediately. BRAIN WAVES TECH Technical Support will determine whether the product is DOA and offer you the following options:

Replacement: BRAIN WAVES TECH, at its expense, will ship another of the same neuroheadset model. BRAIN WAVES TECH will arrange for a replacement and the DOA product’s return**

How to return a Product

There are a few important points to keep in mind when returning a product that you purchased from Brain Waves Tech:

  • We only accept returns sent to us within 7 days after the order has been delivered to you, if it is Dead On Arrival product.
  • The goods are your responsibility until they reach our RMA Department, so make sure it’s packed up properly and can’t get damaged on the way.
  • Products must be returned in their original condition and packaging with all included parts. You are responsible for the cost of the return shipment.

If you believe that your product is defective during the warranty period, you must Contact Support for warranty return authorization and obtain a Return Material Authorization (RMA) number before the end of the applicable return period. Brain Waves Tech will not accept returns without an RMA number. You must first include the following in your Support Ticket:

  • The Order Number and Serial Number of your headset
  • Your clear photo or video of the damaged or defective product and the shipping packaging before we can consider issuing RMA authorization. Please use good lighting and a close to medium distance to identify and verify the issue(s)

Please note that shipping and handling is non-refundable on product returns under the 7 day Return Policy, unless the product you received is in a defective or damaged condition or when a different product than what you ordered was incorrectly sent to you.

Limited Warranty 

BRAIN WAVES TECH  warrants that the Product shall be free from defects in material or workmanship under normal use for one hundred eighty (180) calendar days beginning from the date of shipping of your original purchase (“Limited Warranty”).

Exclusions

The Limited Warranty does not apply in the following cases:

  • Damage caused by accident, abuse, misuse, flood, fire, earthquake or other external causes.
  • If a Product is defective as a result of leaking batteries or liquid damage.
  • Defective materials or workmanship where the defect is due to a Product having been serviced or modified by a party other than BRAIN WAVES TECH 
  • Malfunction resulting from the use of accessories, attachments, product suppliers, parts or devices with the Product that does not conform to BRAIN WAVES TECH specifications 
  • Damage occurred during shipment.
  • Damage or service resulting from modifications or alterations to a Product in any way (including any alteration or removal of its serial number or identification marks).

Your option to return the Product under the Limited Warranty does not apply to the following Products:

  • Software Downloads
  • & Other items that are of a personal use nature

Return Policy 

If you believe that the Product does not meet the Limited Warranty: Please contact BRAIN WAVES TECH to obtain a Return Material Authorization (RMA) number, shipping address and instructions.

Returned Neuroheadsets must be packed in the original, unmarked packaging including any accessories, manuals, documentation and registration that was included with the headset. Please include a description of the problem. You must prepay all shipping charges, and BRAIN WAVES TECH recommends that you (1) use a carrier that offers shipment tracking for all returns and (2) either insure your package for safe return to BRAIN WAVES TECH or declare the full value of the shipment so that you are completely protected if the shipment is lost or damaged in transit. You are fully responsible for any loss or damage to the Product during shipping.

Warranty disclaimer

EXCEPT AS EXPRESSLY SET FORTH IN THIS WARRANTY AND RETURN POLICY, THE PRODUCT AND ALL SERVICES ARE PROVIDED “AS IS”.  BRAIN WAVES TECH MAKES ANY OTHER WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. YOU MAY HAVE OTHER STATUTORY RIGHTS. HOWEVER, TO THE FULL EXTENT PERMITTED BY LAW, THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO THE LIMITED WARRANTY PERIOD.

Limitation of Liability 

NEITHER PARTY SHALL BE LIABLE FOR ANY LOSS OF USE, LOST DATA, FAILURE OF SECURITY MECHANISMS, INTERRUPTION OF BUSINESS, OR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. NOTWITHSTANDING ANY OTHER PROVISION OF THIS WARRANTY AND RETURN POLICY, BRAIN WAVES TECH ’S AND ITS SUPPLIERS’ ENTIRE LIABILITY TO YOU SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID BY YOU TO BRAIN WAVES TECH  FOR THE PRODUCT. The parties agree that the limitations specified in this Section 4 will survive and apply even if any limited remedy specified herein is found to have failed of its essential purpose. Some jurisdictions do not allow limitations on how long an implied warranty lasts, or allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.

Governing Law

This Warranty and Return Policy shall be governed by the laws of Bhopal, M.P , India without regard to conflicts of laws provisions thereof. Unless waived by BRAIN WAVES TECH in its sole discretion, the jurisdiction and venue for any action arising out of or relating to the subject matter of this Warranty and Return Policy shall be in India , Located at Bhopal , M.P, and you hereby submit to the personal jurisdiction of such courts.