These general terms and conditions of sale apply to all services provided on the www.xenesy.com website. https://www.xenesyproject.com/
All reproduction, in whole or in part, is subject to the systematic authorization of the owners. However, hypertext links to the site are authorized without specific request.
The Xenesy website is a service of :
- the company XENESY LIMITED
- located at : 2301, BAYFIELD BUILDING 99 HENNESSY ROAD WANCHAI HONG KONG
- URL address of sites: www.xenesyproject.com - www.xenesy.com
- email address: contact@xenesy.com
The customer declares to have taken knowledge and to have accepted the general conditions of sale before the placing of the order. The validation of the order is thus worth acceptance of the general conditions of sale.
These general terms and conditions of sale apply ipso jure to the following services: On-line training, individual on-line and group on-line coaching, videoconferencing or physical consultations, etc., the company's various services, subscriptions or any other services offered by the company. Whether by-products, advice, training, consulting or graphic design.
They constitute the contractual documents opposable to the parties, to the formal exclusion of all other documents, such as prospectuses, catalogs or photographs of the products, which have only an indicative and non-contractual value.
The purchases concerned are those made by the buyer to the company XENESY LIMITED, whether the purchase is made by credit card, bank transfer or cryptocurrency on the website or by phone.
The sale is deemed concluded on the date of acceptance of the order or immediate purchase by the seller.
Any order or immediate purchase implies unreserved adherence to these general terms and conditions of sale, which prevail over all other conditions, except those expressly accepted by the seller.
The buyer declares to have read the present general conditions of sale and to have accepted them before his immediate purchase or the placing of his order.
Prior to the immediate purchase or the placing of the order and the conclusion of the contract, these general terms and conditions of sale are communicated to the buyer, who acknowledges having received them.
The following information is provided to the buyer in a clear and comprehensible manner:
- Essential features of the service;
- The price of the service or the method of calculating the price and, if applicable, any additional charges.
- The date or time by which the provider commits to perform the service, regardless of price, and any other contractual terms;
- The duration of the contract, in the case of fixed-term contracts (subscriptions), or the conditions of termination in the case of open-ended contracts;
- With respect to Digital Content, any relevant interoperability of such content with certain hardware or software of which the Professional has, or reasonably should have, knowledge.
Xenesy ltd does not guarantee that the Site will be free of anomalies, errors or bugs, nor that the Site will function without breakdown or interruption. It can with this respect determine freely and with its whole discretion any period of unavailability of the Site or its contents. Xenesy ltd cannot be held responsible for problems of data transmission, connection or unavailability of the network.
The present CGV are placed at the disposal of the purchasers on the site www.xenesy.com where they are directly and freely consultable. They are, moreover, communicated to the buyer before the payment. The company XENESY LIMITED commits indeed, before any finalization of order, to present the CGV to its user/buyer. This one will have, before proceeding to the payment, to recognize to have had knowledge of the CGV, and to validate them by notching a box foreseen for this purpose.
The GCS will be opposable to the buyer who recognizes, before any purchase, to have had knowledge and to have accepted them.
The validation of the order by the purchaser is worth adhesion to the CGV in force on the Internet site, at the day of the order.
The company XENESY LIMITED reserves the faculty to modify its CGV as good seems to him. However, it is specified that in case of modification, the applicable CGV by the purchaser are those in force at the date of the purchase. In case of dispute, a copy dated the day of the order could be given to the buyer.
Consequently, in case of modification, the modified GTC will only apply to orders placed after their publication online.
The nullity of a contractual clause does not entail the nullity of the GTC.
The temporary or permanent non-application of one or more clauses of the GTC by the seller shall not constitute a waiver of the other clauses of the GTC, which shall continue to have effect.
The services offered for sale and possibly displayed on the website www.xenesy.com or www.xenesyproject.com are described by the seller. The essential characteristics of the services can be displayed on the website, so that the buyer can have knowledge of the origin of the services he is purchasing.
Any order received by the seller is considered firm and final.
It implies full acceptance of the present general conditions of sale and the obligation to pay for the services ordered.
Considering the nature of the products offered for sale by XENESY LIMITED, it is expressly specified that the buyer has no right of withdrawal once the order has been placed. The purchaser renounces his right of retraction as soon as the advice / services sold are accessible upon validation of the order.
The photographs illustrating the services have no contractual character.
To place an order, the consumer, after having filled his virtual basket by indicating the selected products and the desired quantities, clicks on "order" and provides the information relating to the delivery address (if necessary) or e-mail address, and the method of payment.
Before clicking on "confirm order", the consumer has the possibility to check the details of his order and its total price.
The confirmation of the order implies the irrevocable acceptance of the GTC, and forms the contract between the parties.
An e-mail acknowledging receipt of the order and its payment is sent by the seller to the buyer.
In the case of services based on a quotation, the quotation and the GCS (general terms and conditions of sale) signed by the CLIENT constitute acceptance of the latter and act as an order form. They must be returned to XENESY LIMITED by e-mail. No work will begin until XENESY LIMITED has received these documents.
Any modification of order by the consumer after confirmation of his order is subjected to the acceptance of the company XENESY LIMITED. No modification is possible after validation of the order for the purchase of advice, online training, coaching, consultation, support subscriptions or any other services and benefits provided by the company in view of the intangible nature of the advice which is "consumed" as soon as it is purchased.
XENESY LIMITED reserves the right to refuse any order for legitimate reasons and, in particular, if there is a dispute between the parties regarding a previous unpaid invoice.
For graphic services, XENESY LIMITED reserves the right to refuse to include in its layouts any text, image or information that it considers illegal, discriminating, offensive or immoral.
Given the nature of the advice and services marketed by XENESY LIMITED, 100% cannot guarantee the buyer any results. In fact, there is no obligation of result. XENESY LIMITED communicates advice, training and consulting to its customers/buyers, who must respect this advice in order to feel an evolution, knowing that each person is different, the results will also be different and depend only on the will of the customer/buyer.
With regard to graphic creations (services), the colors displayed on screen (in RGB: Red, Green, Blue) are not contractual and may vary from one monitor or device to another. As a result, the colors of the final printed product (in CMYK: Cyan, Magenta, Yellow, Black) may differ from those observed on screen or printed using a personal inkjet or laser printer. XENESY LIMITED cannot be held responsible for color differences between on-screen mock-ups and final products.
For technical reasons linked to printing constraints, the customer also accepts that variations in hue may occur during a print run.
Furthermore, XENESY LIMITED is in no way responsible for defects caused directly or indirectly by the fault or negligence of the CLIENT himself or of a person acting on his behalf and/or in his name, nor of a third party.
Logos, icons and pictograms must be supplied in vector format (Adobe Illustrator / EPS).
Images (photographs, illustrations) must be supplied in high resolution (minimum 300dpi at actual size / .jpg, .png, .pdf, .psd).
Additional charges may apply for any work required to bring the documents supplied by the customer into line, such as image vectorization, photo retouching or text input.
The customer undertakes to provide XENESY LIMITED with the content and information required to complete the project before the planned start date. In the event of late submission, XENESY LIMITED will propose a new schedule or a postponement of the project according to its availability, and the delivery date will be postponed.
The customer assumes full and entire responsibility for the choices made in terms of textual and iconographic content appearing in the models and creations produced by XENESY LIMITED, as well as for the use that will be made of them, and in particular for the conformity of the latter with the regulations in force. He also assures that he is the owner of the rights necessary for the exploitation of all the creative elements, notably textual and iconographic, that he provides to XENESY LIMITED within the framework of his mission, and guarantees XENESY LIMITED against any third-party complaint relating to the violation of the rights of these elements.
With regard to graphic creations, all requests for correction or modification must be sent to XENESY LIMITED in writing. XENESY LIMITED cannot be held responsible for errors or omissions due to misinterpretation of instructions given only orally.
At each stage of the project, the customer undertakes to provide clear, concise and precise feedback and validation within a reasonable timeframe. XENESY LIMITED will not be held responsible for delays due to a lack of responsiveness on the part of the customer, and will be entitled to modify the schedule and postpone the delivery date initially planned.
When the customer calls upon the services and skills of XENESY LIMITED, the latter retains its status as an independent service provider and can under no circumstances be considered as an employee of the customer during the assignment. Although the customer may give general instructions, XENESY LIMITED remains free to decide how to work and to execute the services ordered.
The prices and proposals indicated on the quotation are valid for 5 days from the date of issue. XENESY LIMITED is not obliged to honour its offer if it has expired or if no schedule has been agreed by both parties.
The services to be provided are limited to those specified in the quotation. Any additional services not initially provided will be subject to a supplementary estimate and a surcharge equivalent to their value. In the same way, for graphic creations, if the number of corrections indicated on the quotation needs to be exceeded, or if the modifications requested by the CLIENT in the course of production involve a substantial reworking of the initial specifications (author's corrections), an amendment to the quotation will be drawn up.
Once the quotation has been signed by the buyer, the withdrawal period is null and void, as stated in article 3.
Considering the nature of the services of the company XENESY LIMITED, which are immaterial, there is no extra charge for delivery.
The company XENESY LIMITED undertakes, in view of the nature of its services, to deliver the order instantaneously once the order has been validated (except in the case of payments in cryptocurrencies). The above-mentioned reasonable delivery time may not exceed 2 DAYS from validation and payment of the order. Except for specific services such as visual or graphic design, or delivery and execution times. Delivery and execution times are given as an indication and do not bind Xenesy LTD in an absolute manner. Xenesy LTD shall in no case be liable to pay any compensation in the event of delay, damages or interest. Under no circumstances may this delay give rise to the cancellation of the order stipulated in the order.
The company XENESY LIMITED would not know how to see its responsibility engaged for the case where a case of absolute necessity would hinder the respect of the delivery periods.
The products are delivered by the company XENESY LIMITED to the email address indicated by the purchaser during the order. It is up to the purchaser to specify and provide a VALID email address.
All claims relating to delivered services must be made within 24 hours of the order being placed.
For graphic creations, proofreading is not included in XENESY LIMITED's services.
XENESY LIMITED strives to produce work that is beyond reproach. However, it is the customer's responsibility to proofread the texts and inspect the files to be printed. Any errors must be reported before final approval.
Delivery of the final files releases XENESY LIMITED from liability for any errors, incorrect information or omissions of any kind. Final delivery constitutes acceptance of the work performed.
It is expressly specified that the buyer has no right of withdrawal once the order has been placed, given the dematerialized nature of the services offered by Xenesy LTD.
The prices are firm and definitive. Except for special conditions specific to the sale, the prices of the services provided are those shown on the website www.xenesyproject.com on the day of the order.
They are expressed in US dollars (US$); Euros [€] or Hong Kong dollars [HK$] and are exclusive of tax.
The price of customized services provided by XENESY LIMITED will be indicated in the quotation provided to the customer. Once the quotation and the GTC have been signed and returned, the full price of the services OR a deposit of 50 % of the total price of the services will be due. Execution of the services ordered will not commence until XENESY LIMITED has received this amount.
The company XENESY LIMITED reserves the right to modify its prices at any time, while guaranteeing to the buyer, the application of the price in force at the day of the order.
Except for other terms expressly provided for in the special conditions, the payment of the price must be made in cash at the time of ordering. No order can be taken into account in the absence of a complete payment at this date.
The payments made by the purchaser will be considered as final only after effective collection of the sums due by the provider.
In no case, the payment made can be considered as a deposit or a down payment.
Payment is made in US Dollars, Euros or Hong Kong Dollars, exclusive of tax, as indicated in article 7 above.
Bank charges are at the buyer's expense.
Payment is made immediately upon ordering by credit card or Stripe.
The bank cards accepted are those issued by banking or financial institutions located in France and throughout the world.
The online payment by the buyer is made via a secure server.
Payments are made by the buyer, under his responsibility. The buyer must therefore ensure that his account is sufficiently funded when he issues a payment by credit card.
XENESY LIMITED has the right to suspend or cancel any delivery of a service in the event of non-payment in full, in particular in the event of a payment incident or multiple payment and if all payments have not been made.
The website www.xenesy.com and www.xenesyproject.com are equipped with an online payment security system. The security of the payment is also ensured by the authentication of the buyer.
For graphic creations, full payment is required before delivery of models and files.
The price quoted for services does not include delivery of source files or work files (.indd, .psd, .ai.), but only delivery of finished creations. Delivery of these files will only be made when necessary for the strict exploitation of the work, and will be invoiced extra.
The warranty does not cover the advice and training provided, as this is an uncertain activity, and the correct application of the advice also depends on the buyer's ability to understand the advice given and apply it wisely.
All technical documents, products, drawings, photographs, videos and designs given to purchasers remain the exclusive property of XENESY LIMITED, the sole owner of the intellectual property rights on these documents, and must be returned to XENESY LIMITED upon request.
The purchasers, customers commit themselves not to make any use of these documents, likely to attack the industrial or intellectual property rights of the supplier and commit themselves not to reveal them to any third party. Any reproduction or diffusion without written and preliminary authorization of the editor would expose the offenders to legal proceedings.
The totality of the ordered creations as well as the rights relating to them remain the whole and exclusive property of XENESY LIMITED as long as the issued invoices are not paid in totality by the customer. In the event of non-payment of the totality of the invoices by the customer, XENESY LIMITED reserves the right to re-use the creations carried out.
The customer will become the owner of the assigned rights as of the final and balancing payment of all invoices issued by XENESY LIMITED within the framework of the order. Unsuccessful proposals, preparatory research, projects, sketches and preliminary studies (with the exception of elements used in final models) remain the property of XENESY LIMITED. Only the rights to the final creation are transferred to the customer.
XENESY LIMITED also reserves the right to distribute the final and preliminary creations for the purpose of entering competitions or promoting its business online or in print.
Only the rights of use (printing and distribution) are transferred to the customer, to the exclusion of all others. Any representation or reproduction in whole or in part made without the consent of XENEYS LIMITED or its assignees is unlawful, and punishable under the laws relating to counterfeiting. The same applies to translation, adaptation or transformation, arrangement or reproduction by any art or process whatsoever.
In order to allow the customer to freely exploit the service provided within the framework of his activity, all exploitation rights relating to the creation of XENESY LIMITED, in respect of the project, will be entirely and exclusively transferred to the customer, for distribution on the media specifically addressed at the time of the order, upon effective payment of the fees due in full.
XENESY LIMITED reserves the right to use the creations produced for the customer on its commercial documents for promotional and prospection purposes (website, portfolio, social networks...) or to distribute them in magazines, books or any other media.
Any reservation to XENESY LIMITED's right of publicity must be notified by the customer, negotiated before the quotation is signed and mentioned on the invoice.
The responsibility of the company XENESY LIMITED cannot be committed in case of non-execution or of bad execution due either to the fact of the buyer, or to the force majeure.
In case of failure of the complaint initially made to the customer service, or of silence of this one in the 30 days following its seizure, each part will be free to seize the qualified jurisdictions.
These terms and conditions are subject to the jurisdiction of Hong Kong.
In the event of a dispute, the courts of Hong Kong shall have exclusive jurisdiction.
Should any of the provisions of these general terms and conditions of sale be declared invalid by the competent court, the remaining provisions shall not be affected and shall retain their full force and scope.
Data collected:
The personal data that are collected on this site are the following:
- account opening: when a user's account is created, the user's surname; first name; e-mail address; ;
- connection: when the user connects to the website, it records, in particular, his/her surname, first name, connection data, usage data, location data and payment data;
- profile: using the services provided on the website allows you to enter a profile, which may include an address and telephone number;
- payment: when paying for products and services offered on the website, the website records financial data relating to the user's bank account or credit card;
- communication: when the website is used to communicate with other members, data concerning the user's communications is stored temporarily;
- cookies: cookies are used for site use. Users can deactivate cookies using their browser settings.
Use of personal data
The personal data collected from users is used to provide and improve the website services and to maintain a secure environment. Specifically, the uses are as follows:
- access and use of the website by the user;
- management of the operation and optimization of the website;
- organization of the conditions of use of the Payment Services ;
- verification, identification and authentication of the data transmitted by the user;
- implementation of a user assistance ;
- fraud prevention and detection, malicious software and security incident management;
- management of possible disputes with users;
- sending commercial and advertising information, according to the user's preferences.
Sharing personal data with third parties
Personal data may be shared with third party companies in the following cases:
- when the user uses the payment services, for the implementation of these services, the website is in relation with third party banking and financial companies with which it has contracted;
- when the user publishes, in the free comment areas of the website, information accessible to the public;
- when the user authorizes a third party's website to access his/her data;
- when the website uses the services of service providers to provide user support, advertising and payment services. These service providers have limited access to the user's data in order to provide these services and are contractually obliged to use them in accordance with the provisions of the applicable regulations on the protection of personal data;
- if required by law, the website may transmit data to pursue claims against the website and to comply with administrative and judicial proceedings;
- if the website is involved in a merger, acquisition, sale of assets or receivership, it may be required to sell or share some or all of its assets, including personal data. In such a case, users will be notified before any personal data is transferred to a third party.
Security and privacy
The website implements organizational, technical, software and physical digital security measures to protect personal data from alteration, destruction and unauthorized access. However, it should be noted that the internet is not a completely secure environment and the website cannot guarantee the security of the transmission or storage of information over the internet.
Implementation of user rights
In application of the regulations applicable to personal data, users have the rights mentioned below, which they may exercise by making their request to the following address: contact@xenesy.com
Right of access: users may exercise their right of access to their personal data. In this case, before exercising this right, the website may request proof of the user's identity in order to verify its accuracy. The right of rectification: if the personal data held by the website is inaccurate, they may request that the information be updated. The right to deletion of data: users may request the deletion of their personal data, in accordance with applicable data protection laws.
Evolution of this clause
The company XENESY LIMITED reserves the right to make any changes to this clause on the protection of personal data at any time. If a modification is made to the present personal data protection clause, the company undertakes to publish the new version on its website. Xenesy will also inform users of the modification by e-mail, at least 15 days before the effective date. If the user does not agree with the terms of the new wording of the personal data protection clause, he/she has the option of deleting his/her account.