Website Terms of Use and Conditions of Sale

These Terms of Use are effective March 1, 2023

1. Purpose
The terms and conditions ("Terms") for cerenovex.com apply to the purchase, subscription and sale of products and services through https://www.cerenovex.com (the "Site") and other online platforms and electronic services maintained by Micillic Lda. PLEASE READ THESE TERMS BEFORE PLACING AN ORDER ONLINE OR USING THIS SITE IN ANY OTHER WAY. THESE TERMS CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND MICILLIC LDA.

By using the Cerenovex.com Site or sharing with us any personal information including through the process of placing an order online you agree that you have read and understood the terms of this Agreement and you agree to be bound by the terms of this Agreement as if you had signed this Agreement. You also accept and agree to abide by all laws and regulations applicable to the subject matter of this Agreement.

We may modify these Terms from time to time at our sole discretion. You are responsible for staying informed of any changes and are expected to revisit this page from time to time, as revised versions will be binding on you. Your continued use of this Site will constitute your acceptance of and agreement to any changes to the Terms. By placing an order for products or services from this Site, you affirm that you are of legal age to enter into this agreement, and you accept and are bound by these terms and conditions. 

If you do not agree to these Terms, you must not access or use the Site.

2. Intended Audience
The Site is intended for users age eighteen (18) and older. The Site is not targeted at or intended to be used by anyone under the age of 18. You must be 18 years or older to use this Site. If you use the Site, you are affirming that you are at least 18 years old.

3. Not Healthcare Advice
The Site content is for informational purposes only. WE MAKE NO MEDICAL CLAIMS AS TO THE BENEFITS OF ANY PRODUCTS, SERVICES, OR CONTENT PRESENTED, OFFERED OR REPRESENTED IN ANY WAY AND NO CONTENT IS INTENDED TO PRESCRIBE OR BE TAKEN AS MEDICAL ADVICE.

The products and claims made about specific products on or through the Site have not been evaluated by the United States Food and Drug Administration (FDA) and are not approved to diagnose, treat, cure or prevent disease.

Please consult with a physician or other healthcare professional regarding any medical or health related diagnosis or treatment options.

The information on the Site is not intended for treatment, diagnostic purposes or medical advice. Products, services, information and other content provided on the Site, including information that may be provided on the Site directly or by linking to third-party websites are provided for informational purposes only.

The Site does not recommend self-management of health issues. The content on the Site does not intend to give patients the information they need to diagnose and treat any disease. Contact your healthcare professional promptly should you have any health related questions. Never ignore advice from your healthcare provider based upon information you may have read on the Site. Individuals are different and may react differently to different products. You should consult your physician about interactions between medications you are taking and nutritional supplements.

We assume no responsibility for any consequence relating directly or indirectly to any action or inaction you take based on the information, services, or other material on the Site. While we strive to keep the information on the Site accurate, complete, and up-to-date, we do not give any assurances, and will not be responsible for any damage or loss related to the accuracy, completeness or timeliness of the information.

WE ARE NOT RESPONSIBLE FOR ANY ADVERSE REACTION FROM USING THE PRODUCTS OR TO ANY INGREDIENT CONTAINED IN THE PRODUCTS. PLEASE CHECK THE LIST OF INGREDIENTS FOR ANY KNOWN SENSITIVITIES OR ALLERGIES YOU HAVE. PURCHASERS SHOULD CONTACT SUPPORT BEFORE BUYING IF PURCHASER HAS ANY QUESTIONS. IF YOU HAVE A SENSITIVITY OR ALLERGY TO ANY INGREDIENT(S) IDENTIFIED DO NOT USE THE PRODUCT. WHEN IN DOUBT PLEASE CONSULT YOUR PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER.

4. Order Acceptance and Cancellation.
You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us and we will not be obligated to sell the products or services to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered. It is your responsibility to ascertain and comply with all applicable local, state, federal, and international laws regarding the receipt, possession, use, and sale of any item purchased from this Site. When ordering from the Site you are responsible for assuring the product can be lawfully imported into your country. Customers are the importers of record and must comply with all laws and regulations of the destination country. Cerenovex reserves the right to prohibit purchases of any merchandise to resellers. Resellers are defined as a company or an individual that purchases goods with the intention of selling them rather than using them.

Cerenovex does not support sales tax exemption requests for businesses or resellers.

5. Prices and Payment Terms.
(a) All prices, discounts, and promotions posted on this Site are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices (i) do not include taxes in the United States and (ii) do include taxes in other countries. All such taxes and charges will be added to your merchandise total, and will be itemized in your shopping cart and in your order confirmation email. We strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.

(b) Terms of payment are within our sole discretion. Payment terms and accepted payment methods are displayed on our Site. We reserve the right to change our terms of payment or accepted payment methods from time to time and without notice. You represent and warrant that (i) the credit card information you supply is true, correct and complete, (ii) you are duly authorized to use such credit card or payment platform for the purchase, (iii) charges incurred by you will be honored by your credit card company or the relevant payment platform, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Site at the time of your order. 6. Shipments; We will arrange for shipment of the products to you. Please check the individual product page for specific delivery options. We do not guarantee that we can ship to any specific address. Title and risk of loss pass to you upon our transfer of the products to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments or for non-delivery.

7. Returns and Refunds.
Our full returns policy can be found at cerenovex.com/pages/shipping-returns, which are deemed incorporated into these Terms.

8. Subscription Services
Some of the services offered by Cerenovex are subscription-based services. When you open a subscription-based account, you hereby agree to pay all charges to your account, including any applicable taxes, in accordance with billing terms in effect at the time the fee or charge becomes payable. Cerenovex reserves the right to change the amount of, or basis for determining, any fees or charges for Services we provide, and to institute new fees, charges or terms effective upon notice to subscribers.

For subscription services, your subscription will be automatically renewed and your credit card will be automatically charged, depending upon the billing terms for your account, for as long as you remain a Subscriber. You agree that Cerenovex will not be obligated to send you any renewal or advance billing notices or confirmations that your credit card has been charged.
Your right to use the Service or a specific product is conditional upon our receipt of payment. If payment cannot be charged to your credit card or if a charge is refunded for any reason, including chargeback, we reserve the right to immediately either suspend or terminate your access and account, thereby terminating this Agreement and all Cerenovex obligations hereunder. You are required to pay any amounts still owed to us at the time your account is suspended or terminated.

Cerenovex offers monthly subscription plans. If you select a Monthly plan, you can cancel at any time through your online account. In the event that you elect to terminate your Cerenovex subscription, please follow the instructions in your customer portal. In case of further correspondence, email hello@cerenovex.com.

If you have any questions regarding your orders of subscriptions, you may email hello@cerenovex.com.

BY SUBSCRIBING THROUGH OUR SITE, YOU AUTHORIZE YOUR PAYMENT METHOD ON FILE TO BE CHARGED ON THE SAME DAY OF THE MONTH THAT YOU INITIATED YOUR SUBSCRIPTION AT OUR THEN-CURRENT PRICE PLUS APPLICABLE TAXES. YOUR PAYMENT METHOD ON FILE WILL BE CHARGED AT THE BEGINNING OF ANY SUBSEQUENT SUBSCRIPTION PERIOD UNTIL YOU CANCEL. WE WILL NOTIFY YOU BEFORE OUR CURRENT BASE PRICE SUBSCRIPTION CHANGES. THE MONTHLY COST WILL VARY DEPENDING ON THE TYPE AND NUMBER OF ITEMS YOU ADD TO THE BASE SUBSCRIPTION.

9. Limitation of Liability/Warranty and Disclaimers.
Except where otherwise inapplicable or prohibited by law you expressly understand and agree that under no circumstances will Cerenovex, its officers, employees, directors, services providers, suppliers, agents or other representatives (collectively, “Cerenovex Parties”) be liable for indirect, special, incidental, or consequential damages. This includes without limitation, any loss of use, loss of profits, loss of data, loss of goodwill, cost of procurement of substitute services, or any other indirect, special, incidental, or consequential damages. This applies regardless of the manner in which damages are caused, and on any theory of liability, whether for breach of contract, tort (including negligence and strict liability) or otherwise resulting from (1) the use of, or the inability to use, the Site; (2) the use of, or the inability to use, items purchased on the website; or (3) the cost of procurement of substitute services or items. In no event will Cerenovex’s total liability to you for all damages, losses, or causes of action exceed the amount you have paid Cerenovex in the last six (6) months, or if greater, one hundred dollars ($100).

Because some jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you or be enforceable with respect to you, and if you are a user from such jurisdictions, the foregoing sections titled “disclaimer of warranties” and “limitation of liability” are intended to be only as broad as is permitted under the laws of such jurisdiction. If any portion of these sections is held to be invalid under the laws of such jurisdiction, the invalidity of such portion will not affect the validity of the remaining portions of the applicable sections. If you are dissatisfied with your use of this website, with these terms, your sole and exclusive remedy is to discontinue use of the service.

To the fullest extent permitted by law: (a) all warranties, representations and guarantees (whether express, implied or statutory) are excluded, including without limit, suitability, fitness for purpose, accuracy or completeness of this Site, the content on or accessed through this Site, or the purchase of goods from us; and (b) we will not be liable for any damage, loss or expenses, indirect losses, lost profits or consequential damages of any kind, suffered or incurred by you in connection with your access to or use of this Site, the content on or accessed through this Site, or the purchase of goods from us.

Where legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included, but to the fullest extent permitted by law our liability will be limited for a breach of that condition or warranty to one or more of the following: (a) if the breach relates to goods: (i) the replacement of the goods or the supply of equivalent goods; (ii) the repair of such goods;  (iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or (iv) the payment of the cost of having the goods repaired; and (b) if the breach relates to services: (i) the supplying of the services again; or (ii) the payment of the cost of having the services supplied again.

These Terms do not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot lawfully be excluded. No provision of these Terms is intended to exclude, restrict or modify any rights you may have under applicable laws.

10. Goods Not for Resale or Export.
Unless explicitly agreed otherwise in writing with Micillic Lda, you represent and warrant that you are buying products or services from the Site for your own personal or household use only, and not for resale or export.

11. Privacy.
We respect your privacy and are committed to protecting it. Our Privacy Policy, located at .cerenovex.com/pages/privacy-policy, governs the processing of all personal data collected from you in connection with your purchase of products or services through the Site. The Privacy Policy is considered part of the Terms of this Site.

12. International Orders.
Cerenovex may not directly sell certain products in any jurisdiction other than the United States of America, as these products may not be approved for sale in other jurisdictions. While Cerenovex may choose to accept orders for the purchase of its products from non-U.S. residents, the acceptance of such orders and the sale of such products will be subject to the following conditions:

(a) You agree that the purchase of any Cerenovex products by you, as a non-U.S. resident, shall be (i) ex works Cerenovex's facilities or representative facilities in the United States per Incoterms 2010, with all title risk and loss in the products passing to you in the United States; and (ii) for your own personal use only and not for further resale or distribution in any manner;

(b) You hereby expressly authorize and direct Cerenovex to load and ship the purchased products to your shipping address, and to contract on your behalf with a courier company for that purpose; and

(c) You are the principal importer of record and will undertake responsibility for all applicable taxes, shipping, customs clearance, duties and import requirements from Cerenovex’s facilities in the United States to your foreign shipping address.

13. Copyrights.
The copyright in all material provided on the Site is held by the Micillic Lda, its affiliates, or by the original creator of the material. The contents of the Site may not be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the express permission of the Company or the copyright owner, except that you may copy, download or print the materials on the Site for personal use only, provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. This permission terminates automatically if you breach any of these Terms. Upon termination, you must immediately destroy any downloaded or printed materials. You also may not, without the Company’s permission, “mirror” any material contained on the Site or any other server. You shall not copy, use, modify, transmit, distribute, reverse engineer, or in anyway exploit copyrighted material. You further agree that you will not systematically extract, collect or harvest, through electronic means or otherwise, any data or data fields from the Site, including but not limited to customer identities. Use of any software available for downloading from the Site is governed by the terms of the applicable license agreement accompanying or included with the software. All trademarks, service marks, and trade names in the Site are the marks of the respective owner(s), and any unauthorized use thereof is strictly prohibited. Any unauthorized use of any material contained on the Site may violate copyright laws, the laws of privacy and publicity, and communications regulations and statutes.

For the avoidance of doubt, and notwithstanding anything to the contrary set out in these Terms, all copyright, trademarks, trade names and other intellectual property of Micillic Lda is, and at all times remains, the property of Micillic Lda, and nothing in these Terms is intended to imply otherwise.

14. Linked Websites and Applications/Stores.
The Site may provide links or references to other websites or applications originating from other companies, individuals or organizations. However, the materials that can be accessed from such websites or applications are not maintained by us and we are not responsible for the contents thereof and we shall not be liable for any damages or injury arising from that content. Any reference to a linked website or application or any specific third-party product or service by name does not constitute or imply its endorsement by us, and you assume all risk with respect to its use.

15. Force Majeure.
We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

16. Governing Law and Jurisdiction.
All matters arising out of or relating to these Terms are governed by and construed in accordance with the laws of Portugal.

17. Dispute Resolution and Binding Arbitration.
(a) OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION. ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.

(b) Where you have any claim or dispute as to anything covered by these Terms, before taking any such claim or dispute before any court you agree to first refer such claim or dispute to the arbitration of a single arbitrator agreed upon by the parties, or where agreement cannot be reached, a single arbitrator appointed by the President for the time being of the New Zealand Law Society (or their representative) and the arbitration will be governed by the New Zealand Arbitration Act 1996. However, nothing in this clause will prevent any party from taking immediate steps to seek interlocutory relief before an appropriate court.

(c) The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction.

(d) If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.

18. Assignment.
You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section 13 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.

19. No Waivers.
The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Micillic Lda.

20. No Third-Party Beneficiaries.
These Terms do not and are not intended to confer any rights or remedies upon any person other than you.

21. Notices.
(a) To You. We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide or (ii) by posting to the Site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.

(b) To Us. To give us notice under these Terms, you must contact us by email to hello@cerenovex.com.

22. Severability.
If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.

23. Entire Agreement.
Our order confirmation, these Terms and our Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in these Terms. NOTE: From time to time promotional terms may apply. Please refer to this page for these.

24. Protection of Intellectual Property Rights and License
You acknowledge that content available through the Website, including, without limitation, content in the form of text, graphics, software, music, sound, photographs, and videos, and content provided by suppliers, sponsors, or third-party advertisers (“Intellectual Property Rights”), is protected by copyright, trademarks, patents, or other proprietary rights and laws. You are hereby granted a non-exclusive, non-transferable, revocable, limited license to view, copy and print content retrieved from the Website for the sole purpose of using or placing an order via the Website, provided that you do not remove or obscure the copyright notice or other notices displayed on the content. Except as expressly provided in this Agreement, nothing contained in this Agreement or on the Website shall be construed as conferring any other license or right, expressly, by implication, by estoppel, or otherwise under any of Athletic Greens’ or a third party’s Intellectual Property Rights. Any rights not expressly granted herein are reserved.