1. Definitions
For purposes of these Terms of Service (“Terms”):
- “Customer” means any individual or entity accessing the Website, creating an account, or purchasing Products.
- “Products” means all research peptides, compounds, chemicals, and related materials offered for sale by ATHENYX through the Website.
- “Website” means ATHENYX.io and all associated domains, content, and services.
- “Order” means any request submitted by Customer to purchase Products.
- “Force Majeure Event” means any circumstance beyond ATHENYX’s reasonable control, including but not limited to natural disasters, pandemics, governmental action, embargoes, supply shortages, labor disputes, transportation failures, cyberattacks, or acts of terrorism.
2. Scope & Applicability
2.1 These Terms constitute the entire agreement between ATHENYX and Customer concerning all Orders, Products, and use of the Website.
2.2 No additional terms or conditions in purchase orders, communications, or otherwise shall apply unless expressly agreed in writing by ATHENYX.
2.3 By accessing the Website or purchasing Products, Customer affirms that they have read, understood, and agreed to these Terms.
3. Eligibility & Age Restriction
3.1 Customer must be at least twenty-one (21) years of age to purchase Products.
3.2 By placing an Order, Customer represents and warrants that they are of legal age, legally authorized, and not acting on behalf of any person barred from purchasing such Products under applicable law.
3.3 ATHENYX reserves the right to request proof of age or identity and may cancel Orders at its discretion for failure to provide such proof.
4. Product Use Restrictions
4.1 All Products are sold strictly for laboratory, in vitro research, and educational use only.
4.2 Products are NOT intended for:
- Human or veterinary consumption or administration.
- Medical, therapeutic, diagnostic, or drug purposes.
- Use in food, cosmetics, supplements, or consumer products.
4.3 Customer assumes all responsibility for compliance with applicable laws regarding handling, storage, transportation, and disposal.
4.4 Any misuse voids all warranties and protections, and ATHENYX shall bear no liability.
5. Orders & Acceptance
5.1 All Orders are subject to written acceptance by ATHENYX. We may refuse or cancel Orders at our sole discretion.
5.2 No Order shall be binding until acknowledged by ATHENYX, either through Order confirmation or shipment.
5.3 ATHENYX reserves the right to impose minimum order values, surcharges, or quantity restrictions at its discretion.
5.4 Customer is solely responsible for ensuring Order accuracy; ATHENYX is not liable for errors in Customer’s submitted information.
6. Prices & Payment Terms
6.1 Prices are quoted in U.S. Dollars unless otherwise stated. Prices are exclusive of taxes, duties, tariffs, and shipping costs.
6.2 Payment is due at the time of Order placement unless alternative arrangements are expressly agreed in writing.
6.3 ATHENYX reserves the right to:
- Adjust prices without notice prior to acceptance of an Order.
- Suspend or cancel any Order if payment is not received in full.
- Charge interest at the lesser of 1.5% per month or the maximum permitted by law for overdue accounts.
6.4 Customer shall be responsible for all taxes, excises, customs duties, and government-imposed charges, whether domestic or international.
7. Refunds & Returns
7.1 Due to the sensitive nature of research compounds, all sales are final.
7.2 ATHENYX does not permit returns, exchanges, or refunds once Products are shipped.
7.3 Exceptions may apply solely for Products damaged during shipping, provided Customer notifies ATHENYX in writing within 24 hours of delivery with photographic evidence.
7.4 ATHENYX, at its sole discretion, may provide replacement or partial credit. No further remedies shall apply.
8. Shipping, Title & Risk of Loss
8.1 Shipments are made FOB ATHENYX’s facility. Title and risk of loss transfer to Customer once Products are delivered to the carrier.
8.2 ATHENYX is not responsible for delays, seizures, or losses caused by carriers, customs, or third parties.
8.3 International shipments are subject to Customer’s responsibility for compliance with import laws, restrictions, and local regulatory requirements.
8.4 Customer assumes full liability for any seizure, destruction, or confiscation of Products by customs authorities.
9. Accounts & Security
9.1 Customers may create accounts on the Website to access certain features.
9.2 Customer agrees to provide accurate, complete, and current information and promptly update any changes.
9.3 Customer is solely responsible for safeguarding login credentials. ATHENYX is not liable for unauthorized use of Customer accounts.
10. Intellectual Property
10.1 All Website content, including but not limited to product descriptions, graphics, trademarks, logos, and data, is the property of ATHENYX or its licensors.
10.2 No right, title, or interest in intellectual property is transferred to Customer by virtue of using the Website or purchasing Products.
10.3 Unauthorized reproduction, modification, or distribution of Website content is prohibited.
11. Customer Obligations
11.1 Customer agrees to:
- Use Products only for lawful research purposes.
- Comply with all safety protocols in handling Products.
- Indemnify ATHENYX for any misuse, negligence, or violation of applicable law.
11.2 Customer represents and warrants that they possess the necessary expertise, facilities, and permits to safely handle Products.
12. Limited Warranty & Disclaimer
12.1 ATHENYX warrants that Products will conform to published specifications at the time of shipment.
12.2 Except as expressly provided herein, ATHENYX disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement.
12.3 Customer assumes full responsibility for determining the suitability of Products for their intended lawful use.
13. Limitation of Liability
- Any indirect, incidental, consequential, special, exemplary, or punitive damages;
- Any loss of profits, business interruption, or loss of data;
- Any claim arising from misuse, handling, or storage of Products.
13.2 ATHENYX’s maximum aggregate liability for any claim shall not exceed the total amount paid by Customer for the Products at issue.
14. Indemnification
Customer shall indemnify, defend, and hold harmless ATHENYX, its affiliates, officers, employees, contractors, and agents against all claims, damages, liabilities, costs, and expenses (including attorney’s fees) arising from:
- Customer’s misuse of Products;
- Breach of these Terms;
- Violation of applicable laws;
- Third-party claims resulting from Customer’s actions.
15. Export & Trade Compliance
15.1 Customer agrees not to export or re-export Products in violation of U.S. export laws, including but not limited to ITAR, EAR, and OFAC regulations.
15.2 Customer represents and warrants they are not a party on any U.S. government restricted list.
16. Force Majeure
ATHENYX shall not be liable for any delay or failure caused by a Force Majeure Event. Performance shall be excused for the duration of the event, and ATHENYX may, at its discretion, cancel or suspend affected Orders.
17. Confidentiality
All proposals, specifications, and communications provided by ATHENYX are considered confidential and proprietary. Customer shall not disclose or use such information except as necessary for lawful purchase and use of Products.
18. Termination
ATHENYX may terminate or suspend Customer’s account or cancel Orders at any time for violation of these Terms or applicable law.
19. Governing Law & Venue
These Terms are governed by the laws of the State of Florida, United States, without regard to conflict of laws principles. All disputes shall be resolved exclusively in the state or federal courts located in Florida.
20. Arbitration & Waiver of Jury Trial
20.1 Any dispute that cannot be resolved informally shall be submitted to binding arbitration under the rules of the American Arbitration Association.
20.2 Customer and ATHENYX waive any right to a trial by jury in any proceeding related to these Terms.
21. Severability & Waiver
If any provision is found invalid, the remaining provisions shall remain in full force. Failure by ATHENYX to enforce any provision shall not constitute a waiver of rights.
22. Assignment
Customer may not assign these Terms without ATHENYX’s prior written consent. ATHENYX may assign without notice.
23. Notices
All legal notices to ATHENYX shall be sent to [Insert Address]. Notices to Customer shall be sent to the email or mailing address provided in their account.
24. Entire Agreement
These Terms, together with our Privacy Policy, represent the entire agreement between ATHENYX and Customer, superseding all prior communications.
25. Survival
Sections regarding Intellectual Property, Limited Warranty, Limitation of Liability, Indemnification, Governing Law, Arbitration, and Confidentiality shall survive termination of these Terms.
26. Contact Information
For questions regarding these Terms, please contact:
ATHENYX.io
Email: support@atheynx.io