Thank you for visiting a Xenesta website ("Site"). The Site is an Internet property of Xenesta International ("Company", "We" or "Us"). The following terms and conditions are a legally binding agreement which govern your use of this Site and purchase of products and services from the Company. Please review the entire agreement carefully. You agree to the following Terms and Conditions, in their entirety, when you (i) access or use the Site; (ii) purchase products, take delivery of samples, or order services offered by the Site and Company; (iii) submit an application to become a member; and/or (iv) subscribe to our newsletter.
Shipping and Delivery Time
We strive to ship orders immediately – normally within 1-2 business days of processing an order, so you can expect to receive your order within 3-6 business days (depending on your location). Please note that we do not ship on weekends or holidays. Also, please allow more time if you are outside the continental USA. Please refer to our Shipping Policy for more information.
You are advised to contact your country’s customs office to thoroughly inquire about import regulations before placing your order, as we will not be liable for packages refused or held for delivery. For specifics please read our International Terms; by ordering from us you agree to these terms.
Returns and Refunds
At Xenesta we want you to be completely satisfied with your decision to try our products. For that reason, we provide a 100% Money Back Guarantee on all our products. So if you are unhappy with a product for any reason, you can return the product for a full refund of the purchase price. To obtain a refund, you must first contact Support Services via your Xenesta Back Office, by email at support@Xenesta.com in order to obtain an authorized Return Merchandise Authorization (RMA) number. All full or empty bottles of the product must be returned, and your return must be postmarked within 30 days of purchase. Please refer to our Refund Policy for complete instructions.
TERMS AND CONDITIONS
Scope of Agreement
THE COMPANY IS NOT A COVERED ENTITY FOR PURPOSES OF THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 (“HIPAA”), NOR IS THE INFORMATION PROVIDED BY YOU TO COMPANY CONSIDERED PROTECTED HEALTH INFORMATION UNDER HIPAA. AS SUCH, THE ADDITIONAL PRIVACY AND SECURITY PROTECTIONS AFFORDED TO CONSUMERS/PATIENTS UNDER HIPAA ARE NOT CONTEMPLATED BY, NOR CONTAINED WITHIN, THE AGREEMENT.
Modification of Agreement
We may amend the Agreement from time to time in our sole discretion without specific notice. The latest Agreement will be posted on the Site, and you should review the Agreement prior to using the Site or Company services or products. By your continued use of the Site and/or continued receipt of Company services and products, you hereby agree to comply with, and be bound by, all of the terms and conditions contained within the Agreement effective at that time. Therefore, you should regularly check this page for update and/or changes.
International Terms and Disclosure
By ordering from us you agree to these terms. You are advised to contact your country’s customs office to thoroughly inquire about import regulations before placing your order, as we will not be liable for packages refused or held for delivery. As the buyer, you are solely responsible for any import restrictions, prohibited import items, taxes, tariffs, fees, other duties, brokerage, and/or delivery fees applied to international shipments. Some countries have shipping restrictions on certain products, contents, or products containing certain ingredients. As the buyer, you are responsible for complying with all applicable international, national, and local laws regulating importation of products that you purchase. If your order is refused delivery by your country’s customs office due to unauthorized product, contents, and/or ingredients, Xenesta is not responsible for any losses or costs incurred by you, the buyer. If the shipment is abandoned or discarded by customs, you will not receive a refund or credit of any kind. Also, some countries restrict imported supplements to a 90-day supply and must be for your own personal use; losses incurred due to exceeding your country’s limitations will not be refunded. International shipping charges are non-refundable. Please be aware that getting a supplement approved for import often requires extensive, well documented official permits in advanced and not guaranteed to be approved by the other country’s customs office. Thank you for your understanding.
THE PRODUCTS AND THE CLAIMS MADE ABOUT SPECIFIC PRODUCTS ON OR THROUGH THE SITE AND COMPANY HAVE NOT BEEN EVALUATED BY THE UNITED STATES FOOD AND DRUG ADMINISTRATION AND ARE NOT APPROVED TO DIAGNOSE, TREAT, CURE, OR PREVENT DISEASE. THE INFORMATION PROVIDED ON THE SITE OR IN EMAILS IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED AS A SUBSTITUTE FOR INFORMED MEDICAL ADVICE OR CARE OR ANY INFORMATION CONTAINED ON OR IN ANY PRODUCT LABEL OR PACKAGING. You should not use the information on the Site or provided by the Company for diagnosis or treatment of any health problem. If you are pregnant, nursing, taking prescription medication(s), have any medical condition, or suspect you might have a health problem consult your healthcare provider before using any health supplement or starting any diet, exercise, or supplementation program.
Accuracy of Information
We have attempted to ensure that the information on the Site and other Company literature is complete and accurate; however, this information may contain typographical errors, pricing errors, and other errors or inaccuracies. We assume no responsibility for such errors and omissions, and reserve the right to (i) revoke any offer stated on the Site or in Company literature; (ii) correct any errors, inaccuracies or omissions; and (iii) make changes to prices, content, promotions, product descriptions or specifications, or other information on the Site or in Company literature.
Orders and Billing
In consideration for the products you order from Company, you agree to pay the sums listed at the time such sums are due and owing. All prices are listed in USD. Moreover, by purchasing any products, you will be responsible for paying any applicable sales tax indicated on the Site; State Sales Tax is applied to all items shipped to a State, USA address. Authorization for the Company to provide and bill for the Company services and products is obtained by way of your electronic signature, credit card authorization, or voice affirmation. Once an electronic signature, credit card authorization or voice affirmation is submitted, this order constitutes an electronic letter of agency. Company’s reliance upon your electronic signature is specifically sanctioned by the Uniform Electronic Transactions Act and the Electronic Signatures in Global and National Transactions Act. Both laws specifically preempt all state laws that recognize only paper and handwritten signatures. If a customer's credit card is declined for the payments due, we reserve the right to break down payments into multiple payments until the cost of the items billed/shipped and retained by customer, have been paid in full. Our customer service representatives can resolve any billing issues that you may have. You may contact Support Services via your Xenesta Back Office, by email at support@Xenesta.com. Please be sure to reference your order number when contacting customer service.
Terms of the Rebilling
Automatic Delivery Program (ADP).
1. A Distributor may choose to participate in the Automatic Delivery Program (ADP). ADP may be established at any time through the submission of the ADP application or with a written request to the Company indicating the amount of Product to be shipped each month and the method of payment to be used. When instituting ADP at the time of enrollment, the Distributor Agreement serves as confirmation for the setup. An ADP account will be charged at a set time during the month and the Product will be shipped at a set time thereafter. The Distributor may obtain tracking numbers from the Company after the Product is shipped. The scheduled dates for ADP processing, account charges, shipping or account changes are posted on the Company’s back office website and are subject to change by the Company from time to time.
2. During winter months, the Company may utilize a cold-weather shipping program in certain geographic regions. This program is designed to prevent damage to Products from exposure to extreme weather conditions in certain regions. If used, the Distributor waives any claim against the Company for delayed shipments.
3. Payments will be verified prior to processing ADP orders. In the event authorization is declined, the Company may attempt to contact the Distributor and reattempt to obtain authorization. If authorization is not obtained by the end of the month’s period, the order will be considered "unprocessed" and will not be included in Commission computation and processing. The Company will not be held responsible for Volume shortfalls due to unprocessed orders.
4. To change or terminate one’s ADP, the Distributor must submit a written request (including the date, the Distributor's name, identification number and the authorizing signature of the Distributor whose information is to be changed) to the Company by a set time each month. Such requests include, but are not limited to, changing the number of products, shipping address, the payment method, etc. The scheduled dates for ADP account changes are posted on the Company’s back office website and are subject to change by the Company from time to time.
5. Upon cancellation of the ADP, a Distributor may return the most recent shipment, provided that the shipment is not older than ninety (90) days and the Distributor follows all other provisions of the Refund Policy. Simply returning the product or refusing shipment is insufficient to cancel ADP. Please refer to our Refund Policy for complete instructions.
Effects of Voluntary Termination by the Distributor.
1. The Contract can be voluntarily terminated by a Distributor who is not in breach of the Contract for any reason, at any time, by providing written notice to the Company signed by all Person(s) listed on the Distributor Agreement. The termination is effective on the date the Company receives the written notice, although processing of the termination request may be delayed until the following month if there is current Volume in the Distributorship. If a Distributor is in breach of the Contract, he or she cannot voluntarily or unilaterally terminate the Contract until the longer of: (i) the last day of the renewal period of the Contract, or (ii) the last day of the period equal to the amount of time such Distributor had been in violation of the Contract prior to the Company’s discovery of the breach, but not to exceed one (1) year. In such a case, the Company may elect any and all available remedies for breach of the Contract pursuant to Section 8, and the Distributor shall not be entitled to receive any Commissions during such period, as determined by the Company in its sole discretion.
2. Upon termination of the Contract, all of the Distributor’s rights in and to the Distributorship and the Distributor Business are revoked and terminated.
3. A Distributor who voluntarily terminates may re-apply for a new Distributorship under a new Sponsor no earlier than six (6) months from the date the Company receives written notice of the termination. During this six (6)-month period, the voluntarily terminated Distributor is not permitted to participate in any Distributor Business or have a Beneficial Interest in any Distributorship.
4. A Distributor may not terminate voluntarily if the Distributorship is not in good standing with the Company, as may be evidenced by, but not limited to, any of the following conditions: (i) a temporary Distributorship; (ii) a Distributorship is on hold, suspension or probation; (iii) the Distributorship is under investigation, but no formal discipline has taken place; or (iv) notice of intent to terminate has been sent.
Chargebacks and Reversals
We handle all chargebacks and reversals as potential cases of fraudulent use of our product offer and/or theft of product. In cases where we have provided a product and we have verified that a client has received a product and/or refused or returned product(s), whether or not they have used the product in any way, possible actions taken by the Company may include filing a complaint with the Internet Crimes Bureau and/or local authorities, or reporting the incident to the appropriate authorities in your state to investigate theft of product and possible mail fraud which is a Federal Crime. All cases of chargeback requests will be vigorously fought by the Company. BE AWARE that if you choose to claim your online transaction was fraudulent that all activity and IP address information is captured. This digital proof of whom and where the order was placed will be submitted to the proper authorities. This information may be used in a civil and/or criminal case against a customer if there is fraudulent use or theft of product(s).
We reserve the right, but undertake no obligation, to actively report and prosecute actual and suspected credit card fraud. We may, in our discretion, require further authorization from purchasers such as a telephone confirmation of your order and other information necessary for verification. We reserve the right to cancel, delay, refuse to ship, or recall from the shipper any order if fraud is suspected. If any Site order is suspected to be fraudulent, we reserve the right, but undertake no obligation, to submit all records, with or without a subpoena, to all law enforcement agencies and to the credit card company for fraud investigation. We reserve the right to cooperate with authorities to prosecute offenders to the fullest extent of the law.
You agree to indemnify, defend, and hold harmless the Company, its subsidiaries, its affiliates, and each of their respective members, officers, directors, employees, agents, co-branders, content licensors and/or other partners, employees, and advertising partners from and against any and all claims, demands, losses, damages, expenses, and costs, including reasonable attorneys' fees, whatsoever that any third party may make due to or arising out of content you submit, post to, or transmit through the service; your use of or connection to the service and products (including any activity related to your account, including negligent or wrongful conduct, by you or any other person accessing the Site using your Internet account or using Company services and products); your violations of the Agreement (whether alleged or otherwise); or your violation of any rights of another, whether direct or indirect (including without limitation claims for misrepresentation or malpractice).
Disclaimer of Warranties
YOUR USE OF THE SITE AND COMPANY SERVICES AND PRODUCTS IS AT YOUR SOLE RISK. THE PRODUCTS AND/OR SERVICES OFFERED ON THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ALL WARRANTIES OF EVERY KIND, WHETHER EXPRESS OR IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND/OR FITNESS FOR A PARTICULAR PURPOSE. In particular, but not as a limitation thereof, the Company makes no warranty that that the Site, the products and/or any other products and/or services offered on the Site and/or from the Company: (i) will meet your requirements; (ii) will be uninterrupted, timely, secure or error-free or that defects will be corrected; (iii) will be free of viruses or other harmful components; (iv) will have security methods employed that will be sufficient against interference with your enjoyment of the website, or against infringement; (v) will result in any specific health-related outcome; and/or (vi) will be accurate or reliable. The Site, the products and/or any other products and/or services offered on the Site and/or from the Company may contain bugs, errors, problems, or other limitations. Company is not liable for the availability of the underlying internet connection associated with the website. No advice or information, whether oral or written, obtained by you from the Company or otherwise through or from the Site shall create any warranty not expressly stated in the Agreement.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT COMPANY SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (i) the use or the inability to use the Site, the products and/or any other products and/or services offered on the Site and/or from the Company; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information, content and/or any other products purchased or obtained from or through the Site and/or from the Company; (iii) the failure to realize any specific result from use of the product or health-related outcome; and (iv) any other matter relating to the website, the products and/or any other products and/or services offered on the Site and/or from the Company. This limitation applies to all causes of action, in the aggregate including, but not limited to, breach of contract, breach of warranty, negligence, strict liability, misrepresentation and any and all other torts. You hereby release Company from any and all obligations, liabilities and claims in excess of the limitations stated herein. If applicable law does not permit such limitation, the maximum liability of Company to you under any and all circumstances will be the amount you paid for the products ordered and paid for on the Site and/or from the Company. No action, regardless of form, arising out of your use of the Site, the products and/or any other products and/or services offered on the Site and/or from the Company may be brought by you more than one (1) year following the event which gave rise to the cause of action. The negation of damages set forth above is a fundamental element of the basis of the bargain between you and Company. Access to the Site and/or the services and products would not be provided to you without such limitations. Some jurisdictions do not allow certain limitations on liability and in such jurisdictions company liability shall be limited to the maximum extent permitted by law.
All newsletters, logos, page headers, custom graphics, and icons are trademarks and/or service marks owned by Company. All other trademarks, product names, company names and logos appearing on the Site are the property of their respective owners. The Site contains information, data, software, photographs, graphics, videos, text, images, typefaces, sounds, and other material (collectively "Content") that are protected by copyrights, trademarks or other proprietary rights, and these rights are valid and protected in all forms, media and technologies existing now or developed in the future. All Content is copyrighted as a collective work under the United States copyright laws, and Company owns a copyright in the selection, coordination, arrangement and enhancement of such Content. All rights to such Content are reserved to their respective copyright owners. Except as permitted by the fair use privilege under United States copyright laws, you may not upload, post, reproduce or distribute in any way the Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other proprietary right. Any other use of the Content available on our Website, including reproduction for purposes other than as noted above, modification, distribution, replication, commercial or other use, without our prior written permission, is strictly prohibited.
Please also visit our Terms and Conditions section establishing the use, disclaimers, and limitations of liability governing the use of our website.
How We Use Personal Information
We collect your personal information to deliver customer service. It enables us to give you access to our products and services. We collect from you only a minimum of personal information on our websites (such as your name, mailing address, email address, phone number, or credit card information) that is necessary to:
• authenticate and process your order;
• provide you with order support;
• send you communications related to your order; and
• enable you to participate in special offers and other site features.
We may use personal information to provide products that you have requested as well as for auditing, research, and analysis to improve Xenesta’s services and products.
In addition, your personal information helps us keep you posted on the latest product announcements, software updates, special offers, and events that you might like to hear about. If you do not want Xenesta to keep you up-to-date with Xenesta news, software updates, and the latest information on products and services contact support@Xenesta.com and ask to be removed from promotional emails.
Cookies, Click-Trough’s and Pixel Tags
If you prefer not to enable cookies, please check the help section of your preferred internet browser for instructions on how you can disable cookies. Please note that certain features of the Xenesta website may not be available when cookies are disabled.
In some of our email messages we use a “click-through” URL link to content on the Xenesta website. When customers click one of these URL’s, they pass through our web servers before arriving at the destination. Xenesta may track this click-through data to help us measure interest in methods customers prefer to retrieve information and messages. If you prefer not to be tracked simply avoid clicking text or graphic links in the email.
Xenesta may use pixel tags, which are tiny graphic images; to tell us what parts of our website customers have visited.
How We Protect Personal Information
We implement a variety of security measures to maintain the safety of your personal information. Your personal information is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems and are required to keep the information confidential. When you place orders or access your personal information, we offer the use of a secure server. All sensitive/credit information you supply is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our databases to be only accessed as stated above.
We will not share, lease, sell, or otherwise transfer your personal information to any outside parties for their independent use or benefit without first obtaining your permission. However, we may release your information if we believe it is appropriate to comply with the law, enforce our site policies, or protect ours or others' rights and safety.
Please note that Xenesta may be required by law or litigation to disclose your personal information. Xenesta’s internal policies call for the release of required information in the cases of subpoena, court orders and order of local, state and federal government.
Service Providers and Vendors
There are also times when Xenesta may need to make certain personal information about you available to companies that perform work for Xenesta on products and services to you on our behalf. These companies may help us process information, deliver products to you, manage and enhance customer data, provide customer service, or conduct customer research or satisfaction surveys. These companies are also obligated to protect your personal information in accordance with Xenesta’s policies, except if we inform you otherwise at the time of collection.
Third Party Websites
In an attempt to provide you with increased value, we may include third party links on our site. These linked sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these linked sites (including if a specific link does not work).
Xenesta does not knowingly collect personal information from children under the age of 13. If a child under 13 submits personal information to Xenesta – and we learn that personal information is the information of a child under 13 – we will attempt to delete the information as soon as possible.
How to Modify or Remove Your Information
If you have opted-in to receive our email newsletter but would no longer like to receive promotional emails from us, please let us know by modifying your preferences in the "My Account" section of our site. Please note that due to email production schedules, you may receive any emails already in production.
To delete all of your online account information from our database, sign into the "My Account" section of our site and remove your shipping addresses, billing addresses, and payment information. Please note that we may maintain information about an individual sales transaction in order to service that transaction and for record keeping.