General terms and conditions for the sale of online services  

Preamble 

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 :

- XENESY LIMITED

- located at : 2301, BAYFIELD BUILDING 99 HENNESSY ROAD WANCHAI HONG KONG

- URL address of sites: www.xenesyproject.com - www.xenesy.com 

- e-mail address: contact@xenesy.com

Article 1 - Content and scope

The customer declares having read and accepted the general terms and conditions of sale prior to placing the order. Validation of the order therefore implies acceptance of the general sales conditions.

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 products, which have only an indicative and non-contractual value.

Article 2 - Pre-contractual information

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 acceptance of these terms and conditions of sale, which prevail over all other conditions, except those expressly accepted by the seller.

The purchaser declares that he/she has read and accepted these terms and conditions of sale before making an immediate purchase or placing an order.

Prior to the immediate purchase or the placing of the order and the conclusion of the contract, these general conditions of sale are communicated to the purchaser, who acknowledges having received them.

The buyer is provided with the following information in a clear and comprehensible manner:

- Key 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 deadline by which the service provider undertakes to perform the service, regardless of price, and any other contractual conditions;
- 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 ought reasonably to 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 data transmission, connection or network unavailability problems.

2.1-Availability and enforceability of the GCS :

These General Terms and Conditions of Sale are made available to purchasers on the www.xenesy.com website, where they can be directly and freely consulted. They are also communicated to the buyer prior to payment. XENESY LIMITED undertakes to present the GCS to the user/buyer before finalizing the order. Before proceeding with payment, the user/buyer must acknowledge that he/she has read and understood the terms and conditions, and must validate them by ticking a box provided for this purpose.

The General Terms and Conditions of Sale are enforceable against the purchaser, who acknowledges having read and accepted them prior to any purchase.

Validation of the order by the buyer implies acceptance of the GCS in force on the website on the day of the order.

2.2-Modification of the GCS :

XENESY LIMITED reserves the right to modify its GTC as it sees fit. However, it is specified that in the event of modification, the GCS applicable by the purchaser are those in force at the date of purchase. In the event of a dispute, a copy dated the day of the order may be given to the purchaser.

Consequently, in the event of modification, the modified GTC will only apply to orders placed after their publication online.

2.3-Terms and conditions :

The nullity of a contractual clause does not entail the nullity of the GCS.

The temporary or permanent non-application of one or more clauses of the GTCS by the seller shall not constitute a waiver of the other clauses of the GTCS, which shall remain in full force and effect.

Article 3 - Ordering

The services offered for sale and eventually displayed on the www.xenesy.com or www.xenesyproject.com website are described by the seller. The essential characteristics of the services may be displayed on the website, so that the purchaser may be aware of the origin of the services purchased.

All orders received by the seller are considered firm and definitive.

It implies full acceptance of these terms and 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 stated 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.

However, photographs illustrating services are not contractually binding.

3.1-Steps in concluding the contract :

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 customer can check the details of his order and its total price.

Confirmation of the order implies irrevocable acceptance of the GCS, and forms the contract between the parties.

An e-mail acknowledging receipt of the order and 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.

3.2-Control modification :

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.

3.3-Order validation :

XENESY LIMITED reserves the right to refuse any order for legitimate reasons and, more particularly, if there is a dispute between the parties relating to 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.

3.4 -Conformity :

Given the nature of the advice and services marketed by XENESY LIMITED, no results can be guaranteed to the buyer by 100%. 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 or of a third party.

3.5 -CONTENT SUPPLIED BY THE CUSTOMER:

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.

3.6 MODIFICATIONS, CORRECTIONS AND VALIDATIONS:

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.

3.7 NATURE OF THE RELATIONSHIP BETWEEN XENESY LIMITED AND THE CUSTOMER

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.

Article 4 - Quotations

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.

Article 5 - Delivery

5.1-Delivery costs :

Given the intangible nature of XENESY LIMITED's services, there are no additional delivery charges.

5.2-Delivery time :

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.

5.3-Delayed delivery :

XENESY LIMITED shall not be held liable in the event of force majeure preventing delivery deadlines from being met.

5.4-Delivery terms :

The products are delivered by the company XENESY LIMITED to the email address indicated by the purchaser at the time of the order. It is the buyer's responsibility 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. 

Article 6- Exceptions to the withdrawal period

It is expressly stated 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.

Article 7 - Prices

Prices are firm and final. Except in the case of specific conditions of sale, the prices of services provided are those shown on the www.xenesyproject.com website 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.

7- 1 Modification :

The company XENESY LIMITED reserves the right to modify its prices at any time, while guaranteeing to the purchaser, the application of the price in force at the day of the order.

Article 8 - Payment

Unless otherwise expressly stipulated in the special terms and conditions, payment of the price must be made in cash when the order is placed. No order will be taken into account unless full payment has been received by this date.

Payments made by the purchaser will only be considered definitive once the amounts due have been received by the service provider.

Under no circumstances can payment be considered as a deposit.

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.

Bank cards accepted are those issued by banking or financial institutions located in France and throughout the world.

Online payment by the buyer is made via a secure server.

Payments are made by the purchaser, under his/her responsibility. The buyer must therefore ensure that his/her account is sufficiently funded when making 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 www.xenesy.com and www.xenesyproject.com websites are equipped with a secure online payment system. Payment security is also ensured by buyer authentication.

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.

Article 9 - Warranties - General

9-1 Legal warranty of conformity

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.

Article 10 - Intellectual property

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.

Purchasers and customers undertake not to make any use of these documents which might infringe the supplier's industrial or intellectual property rights, and undertake not to divulge them to any third party. Any reproduction or distribution without prior written authorization from the publisher will expose offenders to legal action.

Article 10 .1 - TRANSFER OF RIGHTS

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.

Article 10.2 Right of publicity

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.

Article 11-Liability :

XENESY LIMITED cannot be held responsible in the event of non-execution or poor execution due either to the fault of the purchaser, or to force majeure.

Article 12-Dispute settlement :

If the initial complaint to customer service fails, or if customer service fails to respond within 30 days of being contacted, either party is free to bring the matter before the competent courts.

12.1-Applicable law and jurisdiction :

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.

Article 13 - Autonomy of contract clauses :

Should any of the provisions of these general terms and conditions of sale be declared invalid by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.

Article 14 - Protection of personal data

Data collected :

The personal data collected on this site are as follows:

- 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

Personal data collected from users is used to provide and improve website services and to maintain a secure environment. More specifically, it is used for the following purposes:

- access and use of the website by the user ;

- management and optimization of the website ;

- organization of the conditions of use of the Payment Services ;

- verification, identification and authentication of data transmitted by the user ;

- implementation of user assistance ;

- prevention and detection of fraud, malware and security incident management ;

- management of any 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 payment services, for the implementation of these services, the website is in contact with third-party banking and financial companies with which it has signed contracts;

- when the user publishes publicly accessible information in the free comment areas of the website;

- when the user authorizes a third-party 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 user data for the purposes of providing these services, and are contractually obliged to use it in accordance with the provisions of the applicable regulations on the protection of personal data;

- if required by law, the website may transmit data in order 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 all or part of its assets, including personal data. In this case, users will be informed before any personal data is transferred to a third party.

Security and confidentiality

The website implements organizational, technical, software and physical digital security measures to protect personal data against 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.

Implementing user rights

Pursuant to the regulations applicable to personal data, users have the rights set out below, which they may exercise by sending a 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 delete data: users may request the deletion of their personal data, in accordance with applicable data protection laws. 



Evolution of this clause

XENESY LIMITED reserves the right to modify this privacy policy 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 site. 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 may delete his/her account.

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