TERMS AND CONDITIONS
FOR SELLERS

Conditions of Use

Please read these conditions carefully before using Celebrain Services. By using Celebrain Services, you agree to be bound by these conditions. We offer a wide range of Services, and sometimes additional terms may apply. Also, each time you use any Celebrain Service, you will be subject to the general terms and conditions and specific terms applicable to those Celebrain Services (the "General Terms of Services"). The General Terms of Services will prevail over these Conditions of Use in case of any discrepancy between them.

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1. Electronic Communications

Every time you use a Celebrain Service or send us an email, text message (SMS), or any other communication from your computer or mobile device, you are communicating with us electronically. We will communicate with you electronically through various means such as email, text messages (SMS), notifications within applications, or by posting messages or communications by email on the website or through any other Celebrain Service, such as our messaging service. For the purposes of this contract, you agree that all contracts, notices, and other notifications and communications that we send you electronically satisfy any legal requirements that such communications be in writing, except when any applicable mandatory law requires a different form of communication.

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2. Go Celebrain S.A. Rights over User Material

If any communication or material is sent to the page via email or any other means, including any comment, information, question, suggestion, or similar, please remember that such communications are and will be treated as non-confidential. Thus, you waive your right to claim regarding the use of such material, regardless of whether it violates any of your rights, including your moral rights, privacy rights, property rights, publicity rights, credit rights for materials or ideas, or any other right, including the right to approve the way gocelebrain.com uses such material. All material sent to this page may be adapted, issued, changed, copied, disclosed, licensed, exercised, sent, published, sold, transmitted, or used by gocelebrain.com anywhere in the world by any means and at any time.
If company personnel detect any anomaly in orders generated through this page, the customer will be asked to provide the necessary documentation to validate the authenticity of the buyer's data. This documentation includes an identity card, legal entity card, or residency card, the card used for the purchase, and a transfer deposit receipt. In the latter cases, the identification document must match the name on the card or deposit.

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3. Broadcast Material

Internet transmissions are never completely private or secure. You understand that any message or information you send to this page may be read or intercepted by others unless there is a special notice about a specific message (e.g., credit card information) that will be encrypted (coded). Sending a message to gocelebrain.com does not imply any special responsibility of gocelebrain.com towards you. The rights to the content on this web page belong to gocelebrain.com and its providers. According to this, gocelebrain.com reserves all rights. It is prohibited to copy part or all of the content of this web page without express authorization from gocelebrain.com except in the following cases: you can print or download extracts of the text on this web page for your personal use, provided that it is not incorporated into any other work or publication. You can collect extracts for individual third parties for your own private use.

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4. Colors and Photographs

At www.gocelebrain.com, we have made our best effort to display the colors of the products on our site as accurately as possible. However, since the colors you see depend on your monitor, we cannot guarantee that the colors displayed on your screen are accurate. All photographs have been taken to best represent the characteristics of each product, so the accessories used to set the products are not included and are not part of the product. Please read the description of each product carefully.

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5. Contests, Promotions, and/or Discount Coupons (Gift Cards)

This page may contain contests, promotions, and/or discount coupons that require the submission of material or information about yourself or offer prices. Each contest, promotion, and/or discount coupon has its own rules and validity periods that you must read and accept before acquiring them.

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6. Recommendations and Personalization

As part of the Celebrain Service, we will recommend features, products, and services, including third-party advertisements, that may be of interest to you, identify your preferences, and personalize your experience.

 

7. Copyright, Intellectual Property Rights, and Database Rights

All content hosted or made available through any of the Celebrain Services, such as text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations, is the property of Celebrain or its content providers and is protected by the laws of Costa Rica, the European Union, and international intellectual property rights, copyright, and database rights. The entirety of all content hosted or made available through any Celebrain Service is the exclusive property of Celebrain and is protected by the laws of Costa Rica and international intellectual property and database rights laws.
Systematic extraction and reuse of any part of the content of any Celebrain Service without our express written consent is not allowed. In particular, the use of data mining tools, robots, or similar data gathering and extraction tools to extract (one or several times) substantial parts of the Celebrain Services for reuse without our express written consent is not allowed. The user is not allowed to create or publish their own databases when they contain substantial parts of any Celebrain Service (e.g., our product lists and price lists) without our express written consent.

You agree to follow all guidelines on gocelebrain.com that limit the use of the content. There are several proprietary logos, service marks, and trademarks on this page. By making them available to you on this page, gocelebrain.com does not authorize you to use these proprietary logos, service marks, or trademarks. Any unauthorized use of the content may result in a violation of copyright laws, trademark laws, privacy and publicity laws, and civil and criminal statutes. You may download one (1) copy of the content for personal and home use only unless specified otherwise on the subpage where it is located. If you download any content from this page, it is prohibited to remove any copyright or trademark notice or any other notice included in it.

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8. Trademarks

Celebrain is a registered trademark, thus additionally protected; the graphics, logos, page headers, button icons, scripts, and service names included or available through the Celebrain Services are trademarks or represent the commercial image of Celebrain. Celebrain's trademarks and commercial image cannot be used in relation to any product or service that does not belong to Celebrain, nor in any way that could cause confusion among users or disparage or discredit Celebrain. Other trademarks that do not belong to Celebrain and appear included or available through the Celebrain Services belong to their respective owners, who may or may not be affiliated with or related to Celebrain or sponsored by Celebrain.

 

9. Patents

If you own any patents or additional intellectual property, it will be notified, and it will be strictly forbidden to copy or plagiarize such information.

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10. License and Access

Subject to your compliance with these Conditions of Use and the applicable General Terms of Services, as well as the payment of the applicable price, if any, Celebrain or its content providers grant you a limited, non-exclusive, non-transferable, and non-sublicensable license to access and use Celebrain Services for personal, non-commercial purposes. This license does not include any right to resell or use Celebrain Services or their contents commercially, any right to compile or use any product list, descriptions, or prices. It does not include the right to make any derivative use of Celebrain Services or their contents, to download or copy any account information for the benefit of another business, or to use data mining tools, robots, or similar data gathering and extraction tools.
Celebrain and its licensors, content providers, publishers, right holders, or other content providers reserve any rights not expressly included in these Conditions of Use or the General Terms of Services.
Reproduction, duplication, copying, selling, reselling, or exploiting any kind of Celebrain Services or any part of them for commercial purposes without our prior written consent is not allowed. It is also prohibited to use framing techniques to insert any trademark, logo, or other proprietary information (including images, text, page design, or format) of Celebrain without the corresponding prior written consent. The use of meta tags or any other "hidden text" using Celebrain's names or trademarks without our prior written consent is not allowed.
We request that you make proper use of Celebrain Services. You are only allowed to use Celebrain Services lawfully. Any breach by you of these Conditions of Use or the General Terms of Services will result in the cancellation of the permission or license granted by Celebrain.

 

11. Your Account

To use some of the Celebrain Services, you may need to be registered with your Celebrain account and have a valid payment method associated with that account. If there is any issue charging your selected payment method, we may charge any other valid payment method associated with your account.
When you use Celebrain Services, you are responsible for maintaining the confidentiality of your account and password data, as well as restricting access to your computer and devices. To the extent permitted by applicable law, you agree to assume responsibility for all activities carried out from your account or using your password. You must take all necessary measures to ensure and safeguard the confidentiality of your password and inform us immediately if you have reason to believe that your password has been disclosed to a third party or if it has been used in an unauthorized manner or is likely to be. It is your responsibility to ensure that the information you provide to us is correct and complete, and you are also obliged to inform us immediately of any changes to the information you have provided.
You may not use any Celebrain Service: (i) in any way that causes or could cause any damage or harm to any of the Celebrain Services or interruption of access to them; or (ii) for any fraudulent purpose, to commit any crime, or engage in any other illegal activity of any kind; or (iii) to generate any type of annoyance, inconvenience, or anxiety to a third party.
We reserve the right to deny service, cancel any accounts, and remove or modify any content if the user violates applicable law, these Conditions of Use, or any other applicable terms and conditions or policies.

 

12. Reviews, Comments, Communications, and Other Content

Users may post their opinions and comments, as well as publish other content, send communications, suggestions, ideas, comments, questions, or other information, as long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive of third parties' privacy, infringing on intellectual property rights, or otherwise offensive to third parties or objectionable, and does not consist of or contain computer viruses, political propaganda, advertising content, chain letters, mass mailings, or any other form of "spam." It is not allowed to use false email addresses or impersonate another person or entity, or otherwise misrepresent the origin of any content.
If you post opinions, comments, questions, or answers or other content created by you to be posted on the website (including images, videos, or audio, collectively the "content"), you grant us: (a) a non-exclusive, free license to use, reproduce, publish, make available, translate, and modify your content worldwide (including the right to sublicense these rights to third parties); and (b) the right to use the name provided by you in connection with such content. This provision does not imply the transfer of any moral rights.
You can choose for your content not to be public or, where possible, change your preferences so that only those to whom you grant access can view your content.
You declare and guarantee that you own or otherwise control all the rights to the content you may publish, and you also declare and guarantee that at the date of submission of such content: (i) the content and material are accurate; and (ii) the use of such content or material will not violate any applicable policies or guidelines of Celebrain or cause harm to any person or entity (and that the content or material in question is not defamatory). You agree to indemnify Celebrain against any claims made by third parties against Celebrain arising from or in connection with such content and materials, except to the extent that such liability arises from our failure to properly remove such content.

 

13. Intellectual Property Claims

Celebrain respects the intellectual property of third parties.

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14. General Conditions on Celebrain Software

All software, including updates, enhancements, and any other documentation related to such software, made available to you at any time in connection with Celebrain Services (the "Celebrain Software") is subject to these Conditions of Use and Sale.

 

15. Other Businesses

In addition to Celebrain, third parties operate stores, offer their services, or sell product lines through this website. Additionally, we provide links to the websites of group companies and other companies. We are not responsible for examining or evaluating and do not warrant the offerings of any such businesses or individuals or the content hosted on their respective websites. We do not assume any responsibility for the actions, products, and content of any such businesses or individuals or any other third parties. The customer will always be informed about whether a third party is participating in their transaction, and we may share with that third party any information related to such a transaction. We suggest that you review carefully the privacy statements and other terms of use of such third parties.

 

16. Celebrain's Role

Celebrain allows third-party sellers to offer and sell their products on gocelebrain.com. The product detail page will contain the relevant information if these products are offered by third-party sellers. Although Celebrain facilitates transactions through the Celebrain Marketplace, Celebrain is neither the buyer nor the seller of the products offered by third-party sellers. Celebrain simply provides a space where buyers and sellers can negotiate and carry out their transactions. Therefore, the corresponding contract generated once any product sold by a third-party seller is purchased concerns solely and exclusively the buyer and the seller of such product. Celebrain does not form part of that contract, does not assume any responsibility related to it, nor acts as the seller's representative. The seller is responsible for the sale of their products and for offering assistance with the buyer's claims or any matter related to such a contract between the buyer and seller.

 

17. Our Responsibility

We will make our best efforts to ensure the uninterrupted availability of Celebrain Services, as well as the absence of errors in any transmission of information that may take place. However, due to the very nature of the Internet, it is not possible to guarantee such extremes. Additionally, your access to Celebrain Services may occasionally be suspended or restricted to allow for repair or maintenance work or the introduction of new products or services. We will try to limit the frequency and duration of such suspensions or restrictions.
Celebrain will not be responsible for (i) any losses that were not attributable to any breach on our part; (ii) business losses (including loss of profits, revenue, contracts, anticipated savings, data, goodwill, or unnecessary expenses incurred); nor (iii) any indirect or consequential losses that were not reasonably foreseeable by both parties at the time the user began to use Celebrain Services. We will not be responsible for any delay or failure to comply with our obligations under these conditions if such delay or failure is attributable to circumstances beyond our reasonable control. This provision does not affect the customer's right to receive the product or the corresponding service within a reasonable period or to receive the appropriate refund if we could not provide such products or services within a reasonable period for any reason beyond our reasonable control.
Nothing in these conditions limits or excludes our liability in case of fraud or in cases of death or personal injury attributable to our negligence or willful misconduct.

 

18. Applicable Law

These conditions will be governed and interpreted in accordance with the laws of the Republic of Costa Rica, with the application of the United Nations Convention on Contracts for the International Sale of Goods. If you are a consumer and have your habitual residence in the European Union, you will also benefit from any mandatory provisions of the law of your country of residence. Both parties agree to submit to the non-exclusive jurisdiction of the courts of Costa Rica, which means you can claim your consumer rights in relation to these Conditions of Use both in Costa Rica and in your Member State of residence in the European Union.

 

19. Modification of Service or Variation of Conditions

We reserve the right to make changes to Celebrain Services, our policies, and our terms and conditions, including these Conditions of Use and the General Terms of Services, at any time. You will be subject to the terms and conditions, policies, Conditions of Use, and General Terms of Services in force at the time you use Celebrain Services. If any of these Conditions of Use or the General Terms of Services are declared invalid, void, or for any reason unenforceable, such condition will be deemed excluded without affecting the validity or enforceability of the remaining conditions.

 

20. Waiver

In case of your non-compliance with these Conditions of Use, and even if we may opt not to exercise any rights available to us at that time, we may still use those rights and actions in any other instance where you might breach these Conditions of Use again.

 

21. Minors

We do not sell products to minors. The products for children that we sell must be purchased by adults. Minors under 18 years of age can only use Celebrain Services under the supervision of a parent or guardian.

 

22. Our Information

Information about Go Celebrain S.A | Go Celebrain Sociedad Anónima | Legal ID: 3-101-798429
Notice regarding the sale offers of third-party sellers: Please note that the sale offers of third-party sellers are merely hosted on Celebrain.com and are included exclusively at the indication and request of the third-party sellers whose contact details are listed in the respective "Seller Information" section accessible through any of such offers.

Important notice: Providing false, misleading, or incorrect information in the Notice Form may result in both civil and criminal liabilities. If you have any doubts about this, we recommend that you consult your legal advisor.

 

Additional Conditions of Use for Celebrain Software

1. Use of Celebrain Software

You may use Celebrain Software solely to use and enjoy the Celebrain Services provided by Celebrain as allowed by the Conditions of Use, these Software Conditions of Use, and the General Terms of Services. You may not separate any individual components of Celebrain Software for use in your own programs or compile any part of it together with your programs, nor transfer it for use with another service, nor sell, rent, lease, lend, distribute, sublicense, or assign any rights of Celebrain Software, in part or in whole. You may not use Celebrain Software for illegal purposes. We may terminate the provision of Celebrain Software and deny you the right to use Celebrain Software at any time. In case of non-compliance with these Software Conditions of Use, Celebrain Conditions of Use, and other General Terms of Services, your rights to use Celebrain Software will terminate without prior notice. Additional conditions contained or distributed along with Celebrain Software, as specified in the related documentation, apply to Celebrain Software (or software incorporated into Celebrain Software) and will prevail in case of conflict with these Software Conditions of Use. All software used by Celebrain Services is the property of Go Celebrain S.A. or its software content providers and is protected by the laws of Luxembourg and international intellectual property and industrial laws.

 

2. Use of Third-Party Services

When you use Celebrain Software, you may also be using one or more third-party services, such as data services from a carrier or mobile platform provider for using wireless networks. The use of such third-party services may be subject to additional policies, conditions of use, and applicable fees.

 

3. Prohibition of Reverse Engineering

You are not allowed, nor encourage, assist, or authorize anyone else to copy, reverse engineer, decompile, disassemble, or otherwise manipulate Celebrain Software, in whole or in part, or create derivative works from or about Celebrain Software.

 

4. Automatic Updates

To keep your Celebrain Software up to date, we may offer occasional automatic or manual updates without prior notice.

 

Conditions of Sale

These Conditions of Sale apply to the sale of products by Go Celebrain S.A. Additionally, whenever you use any present or future service of gocelebrain.com, you will also be subject to the general terms and conditions and specific terms applicable to that service (the "General Conditions"). These General Conditions will prevail over these Conditions of Sale in case of discrepancy between them. Please read these conditions carefully before placing your order with Go Celebrain S.A. By placing your order with Go Celebrain S.A., you agree to be bound by these conditions.

 

1. Our Contract

When you place your order, we will send you a message confirming receipt of your order. If you are using certain Celebrain Services (e.g., Celebrain mobile applications), the confirmation of your order may be posted on the website's messaging service. We will also inform you about the shipment of your products. However, you may modify your order before it enters the shipping process.

 

2. Invoices

You agree to receive invoices for your purchases electronically. Electronic invoices will be provided in PDF format.

 

3. Quantities

We only sell products in quantities corresponding to the typical needs of an average household. This applies to both the number of products requested in a single order and the case where the customer opts to place several orders for the same product, and such individual orders comprise the typical quantities needed to meet the needs of an average household.

 

4. Prices and Availability

All prices include all legally applicable taxes (VAT). We include information about the availability of the products we sell on the product information page. We cannot offer more precise information about the availability of a product beyond what is displayed on the product information page or other sections of the website. When we process your order, we will inform you as soon as possible by email or by posting a message on the website's messaging service if any of the products included in your order are not available. In such a case, we will not charge you for that product.
Please note that in some cases, we cannot confirm a specific delivery date when you place your order. In such cases, we will provide our best estimate, usually indicating a range of days. Additionally, you can check the status of your order at any time through the My Account section of the website or by contacting our Customer Service. In any case, delivery will be made within a maximum period of 30 days from the date of your order unless otherwise agreed.
The prices displayed on this page are exclusively for purchases on gocelebrain.com and may change without prior notice. The prices presented on gocelebrain.com include all sales taxes.
Celebrain may add, change, discontinue, remove, or suspend any content included on this page, including the prices, features, and specifications of products described or represented on the page, temporarily or permanently, at any time without prior notice and without liability.

 

5. Payment

To purchase on our platform, the customer can do so via credit or debit card; American Express cards are not accepted. Miles or points cannot be used as payment methods.

 

6. Data

Our customers' data is confidential and well-protected through the secure Cybersource platform of Banco Promerica, the payment gateway used by our platform. Celebrain disclaims any responsibility for the handling and use of stolen credit and/or debit cards, as our portal cannot deny the sale when the issuing bank has authorized the transaction, and the data registered in our sales system matches the registration data.

 

7. Product Information

Unless expressly stated otherwise, Celebrain is not the manufacturer of the products sold on the website. Although we strive to ensure that the information on our website is correct, occasionally, product packaging and materials may contain additional or different information than what appears on our website. Components may also change. We recommend that you do not stop at reading only the information available on our website but also carefully read the labeling, warnings, and instructions accompanying the product before use.

 

8. Our Responsibility

Neither gocelebrain.com nor its group companies will be responsible for (i) any losses that were not attributable to any breach on their part; (ii) business losses (including loss of profits, revenue, contracts, anticipated savings, data, goodwill, or unnecessary expenses incurred); nor (iii) any indirect or consequential losses that were not reasonably foreseeable by both parties at the time the sales contract for the products was formalized between both parties.
Nothing in these conditions limits or excludes our liability in case of fraud or for death or personal injury attributable to our negligence or willful misconduct.
Additionally, Celebrain will not be responsible for any delay or failure to comply with its obligations under these conditions if such delay or failure is attributable to circumstances beyond our reasonable control. This provision does not affect your right to receive the product within a reasonable period. If the delay occurs before the product is dispatched, Celebrain will not charge you for that product until it is dispatched, in which case you can cancel the order at any time before that dispatch.
The terms and conditions of the warranty that Celebrain offers on its products vary depending on whether the purchase is made by a "consumer" or another person "acting for purposes that fall within the scope of their professional activity" in accordance with the provisions of Directive 1999/44/EC of the European Parliament and Council.
If you purchase the product as a "consumer," you are entitled to the conformity warranty provided by law, according to which the delivered goods must be in conformity with the contract and to which the seller is legally obliged (Legal Warranty).
Celebrain will not be responsible for the fulfillment of the obligations provided in the Commercial Warranty offered by third parties.

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9. Applicable Law

These conditions will be governed and interpreted in accordance with the laws of the Republic of Costa Rica, including the application of the United Nations Convention on Contracts for the International Sale of Goods. Both parties agree to submit to the non-exclusive jurisdiction of the courts of Costa Rica.

 

10. Modification of the Conditions of Sale

We reserve the right to make changes to our website, policies, and terms and conditions, including these Conditions of Sale, at any time. You will be subject to the terms and conditions, policies, and Conditions of Sale in force at the time you place your order unless a change to those terms and conditions, policies, or these Conditions of Sale is required by law or by order of a public authority (in which case such changes could apply to any orders you have previously placed). If any of these conditions are declared invalid, void, or for any reason unenforceable, such condition will be deemed excluded without affecting the validity or enforceability of the remaining conditions.

 

11. Waiver

In case of your non-compliance with these Conditions of Sale, and even if Celebrain may not exercise any rights available to it at that time, Celebrain may still use those rights and actions in any other instance where you might breach these Conditions of Sale again.

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12. Minors

We do not sell products to minors. The products for children that we sell must be purchased by adults. Minors under 18 years of age can only use gocelebrain.com under the supervision of a parent or guardian.

 

13. Prohibitions

The following actions are not allowed:

• Restricting or inhibiting other users from using the gocelebrain.com services. Publishing or transmitting any illegal, threatening, abusive, defamatory, libelous, obscene, vulgar, pornographic material or any material that discriminates against people based on their race, ethnic origin, nationality, religion, sex, sexual orientation, profession, social class, disability, illness, or age.

• Publishing or transmitting any material containing viruses or other harmful components.

• Collecting or attempting to collect any information from others, including IDs, keys, accounts, and private data.

 

14. Our Information

Our contact information is as follows: Celebrain Sociedad Anónima. Legal ID: 3-101-798429

 

15. Right of gocelebrain.com to Change the Terms and Conditions of Use of this Page

Celebrain may add, change, or delete any part of these Terms and Conditions of Use at any time without prior notice. Any change to these Terms and Conditions of Use or any requirement included on this page will be applicable from the moment it is included on the page.
If you continue to use this page after the new changes are introduced, it will be assumed that you accept these changes. Celebrain may add, change, discontinue, remove, or suspend any content included on this page, including prices, features, and specifications of products described or represented on the page, temporarily or permanently, at any time without prior notice and without liability.

 

16. General Provisions

The entirety of these Terms and Conditions of Use and any additional requirements included on this page constitute the total agreement between Celebrain and you regarding this page.

 

17. User Compliance

A legal agreement is established between any user and www.gocelebrain.com, understanding that the customer, before requesting any service through the site, has reviewed, understood, and agreed to the terms set forth in the portal's policies. In case of disagreement, the user must refrain from providing personal information and from making any commercial requests.