Conditions générales de vente

Maison EX NIHILO is a company whose main purpose is the sale of Perfumes and cosmetic products in the United States of America and operates the website www.us.ex-nihilo-paris.com (the Site).

The website is owned and operated by Maison EX NIHILO, with whom you contract by accepting the general conditions of use. Access to and use of the Site implies full acceptance of these General

Terms and Conditions of Sale by each Internet user browsing all or part of the website. These conditions apply to the exclusion of all other conditions, in particular those in force for in-store sales.

These terms and conditions have been updated on Octobre 14th, 2024. The company reserves the right to modify all or part of the General Terms and Conditions of Sale at any time and without prior notice. The new stipulations of the General Terms and Conditions of Sale will automatically apply to any visit to the Site subsequent to the said modification.

Orders placed on the https://www.us.ex-nihilo-paris.com/ site are reserved for private individuals and “end-buyer” companies. The resale or distribution of EX NIHILO products purchased on the www.us.ex-nihilo-paris.com site is strictly forbidden.

The site https://www.us.ex-nihilo-paris.com/ allows you to order Maison EX NIHILO’s products online.

This is an American online shop, delivering only in the United States of America. You can also order by telephone on +1 (732)-248-6699 or with the live chat from Monday to Friday include. For exceptional orders, please contact us at concierge@ex-nihilo-paris.com.

With the placement of each order on the Site www.us.ex-nihilo-paris.com you will be asked to confirm your acceptance of the currently applicable General Conditions of sale on the date on which your order is placed.

Once your order has been placed, you will receive a confirmation of order on your email address.

It will mention the EX NIHILO products selected, the quantity, the price as well as the delivery charges.

The client will have the opportunity, before final confirmation of their order, to verify the details of their order and the total price, and to modify any potential errors, before validating it to express their agreement. From the moment that the client has validated their order, the company EX NIHILO will immediately acknowledge its receipt by electronic mail, while specifying that the acknowledgment of the order does not represent in any way a confirmation of the availability of the products ordered, nor confirmation of the payment of the order. The sale will be considered definitive only after the company EX NIHILO, specifying the expedition of the articles, has sent the confirmation of order to the client. Only the articles sent will be debited with the delivery charges.

In the absence of proof to the contrary, the data recorded by EX NIHILO shall constitute the proof of the entirety of transactions conducted by EX NIHILO and its clients. Also, it is possible to have several coupons : they are non-cumulative. Discovery set coupons to redeem on a full-size product are non-cumulative.

Our offers of products and prices are variable in as much as they are visible on the site, within the limit of available stocks. In the eventuality of the unavailability of a product after the placement of your order, we shall inform you by email or telephone within a period of 72 hours, and propose that either you order another product present on the site www.us.ex-nihilo-paris.com as a replacement, or cancel your order. If you choose to cancel your order, you shall be immediately be reimbursed if your bank account has already been debited and at the latest within 30 days of the payment of the sum transferred.

EX NIHILO is a retailer and is not intended to sell the products offered in large quantities.

Consequently, EX NIHILO reserves the right to limit the quantity of products ordered or to refuse orders for the same product in large quantities, in accordance with the provisions applicable in this matter. For all exceptional orders, please contact us at concierge@ex-nihilo-paris.com or by telephone on +1 732 248 6699.

EX NIHILO reserves the right to change, at any time and without prior notice, the articles offered on the site www.us.ex-nihilo-paris.com.

Prices for all Products are set by Maison EX NIHILO USA Inc. and will be shown and charged in USD.

The price of your order will be quoted including or excluding taxes depending on the delivery address. Products delivered within the USA will be quoted exclusive of sales tax. Shipping costs are not included in the price. The shipping costs will be added at the checkout and will be indicated as a separate charge on your order form.

Prices on the Site may be modified at any time and without notice. The products are billed on the basis of the prices presented on the site at the moment of the placement of your order, on condition of the availability of the products at that moment.

The price on the Site at the time of ordering will apply to your order unless there is an error or inaccuracy or typographical error in a price, in which case we reserve the right to cancel or refuse to accept any order placed based on incorrect pricing information. You would be notified of any such decision.

Conformément aux dispositions légales, vous disposez d’un délai de 14 (quatorze) jours à compter de la réception de vos produits pour exercer votre droit de rétraction sans avoir à justifier de motifs ni à payer de pénalités. Néanmoins et conformément à l’article L221-28 du Code de la consommation, « le droit derétractation ne peut être exercé pour les contrats de fourniture de bien qui ont été descellés par le consommateur après la livraison et ne peuvent être renvoyés pour des raisons d’hygiène ou de protection de la santé ».

Ainsi et dès lors qu’un produit est retiré de son emballage et descellé, le client n’a plus le droit de faire appel à son droit de rétractation.

En cas d’exercice du droit de rétraction dans le délai susvisé, le prix du ou des produits achetés et les frais d’expéditions seront intégralement remboursés; les frais de retours restent à votre charge. Les retours sont à effectuer dans leur état d’origine (emballage, accessoires, notice d’utilisation,…) permettant leur commercialisation à l’état neuf, et accompagnés d’une copie de la facture d’achat pour une gestion optimisée.

Each order placed on the site www.us.ex-nihilo-paris.com has to be paid immediately. All orders are payable in USD on the site. The dispatch of your order will only take place after the verification your mode of payment from the relevant bank that you payment has been received.

Online payment are accepted exclusively by Visa, MasterCard, American Express credit or debit cards and PayPal. For your orders, you will be asked to make an authenticate and secure payment using the 3D Secure system. In this case, you will need to enter the personal information requested by your bank in order to validate your payment.

Please note that all credit / debit cardholders are subject to validation checks and authorization by the issuer of the card. If the issuer of your payment card refuses to pay or does not for any reason authorize the payment, we will not be liable for any delay or non-delivery of products.

By submitting your order on the site, you expressly authorize us to perform the payment card authorization and strictly, for legitimate purposes and to the extent permitted under applicable regulations, to transmit or to obtain information (including any updated information) about you to or from third parties, including to you card number, to authenticate you identity, to validate your payment card, to obtain payment card authorization and to authorize individual purchase transactions.

The products remain the property of Maison EX NIHILO USA Inc. until complete reception of payment by Maison EX NIHILO USA Inc. It means that you own a product once payment in full has been received by Maison EX NIHILO USA Inc.

To request a return, refund or exchange, please contact concierge@ex-nihilo-paris.com. Please note that discovery sets and samples orders are final and cannot be returned.

• 7.1 Order Cancellation or modification

Once your order has been placed on www.us.ex-nihilo-paris.com website, it is sent to Maison EX NIHILO USA Inc for processing. In accordance with legal provisions and with article 5 of the present general conditions of use of the website, you may exercise your right of withdrawal without having to give any reasons or pay any penalty within fourteen (14) days.

• 7.2 Return and reimbursement

In case of return, you can return any product ordered on the website for an exchange or refund in accordance with legal provisions. Of course, in the case of a return for exchange or refund, the product must be returned to the brand Maison EX NIHILO USA Inc in its original condition. Maison EX NIHILO USA Inc has full discretion to decide whether the products are in their original condition at the time of receipt.

Refund of returned products will be made within 30 (thirty) calendar days from the date the right is exercised.To request a return, please contact customer service at concierge@ex-nihilo-paris.com or by telephone on +1 (732)-248-6699, who will register your return request and inform you of the procedure to follow. For legal reasons relating to transport, the return of products containing alcohol is subject to a specific procedure.

The following conditions apply to perfume returns:

. The product must not be opened.

. The product must be returned in its original packaging (shrink-wrapped).

If the return is requested in the case of a defective product, the customer will be asked to ensure that the bottle is still airtight. If this is not the case, please contact our customer service department.

Once the return has been accepted, our Customer Relationship Manager will give you all the information you need to proceed the return.

Please note that Maison EX NIHILO USA Inc cannot be held responsible in case of loss, shipment to a wrong postal address, or late delivery of an order, as the risks of the transport you choose and initiate rest with you alone.

• 7.3 Exchange

In the event of an exchange (excluding gifts):

. If the value of the product(s) chosen as a replacement is greater than the value of the product(s) returned, you will be required to pay the price difference in accordance with these General Terms and Conditions of Sale.

. If the amount of the product(s) chosen as a replacement has a lower value than the amount of the product(s) returned, the price difference will be reimbursed by EX NIHILO in accordance with the present General Conditions of Sale, except in the case of gift orders.

Please note that in the case of an exchange or refund, the customer is responsible for return shipping costs.

In the case of a gift, we do not offer refunds, even partial.

Maison EX NIHILO USA Inc. reserves the right to cancel or refuse the order of a customer with whom the company is in dispute for a previous order or if Maison EX NIHILO USA Inc. reasonably believes that the customer has violated these Terms of Use. Or has engaged in fraudulent activity or for any other legitimate reason.

In the event of loss, theft, or any fraudulent use of your password you agree to immediately notify Maison EX NIHILO USA Inc.

Also, it is strictly forbidden to resell products brand Maison EX NIHILO USA Inc. without prior authorization through a contract between the brand Maison EX NIHILO USA Inc. and the reseller.

The product purchased on www.us.ex-nihilo-paris.com may be only delivered to a postal address in the United States of America.For delivery to Europe, please visit www.ex-nihilo-paris.com.

The products purchased on the site with a payment validation effected before 11 a.m. on a business day, are usually processed on the same day, and are delivered according to the time-frames indicated below. Orders placed after 11 a.m. EST on a business day are processed the next business day. Orders placed on weekends and holidays are processed the following business day.

• Delivery Time Frames:

. FedEx Home Delivery: 2–5 business days within the contiguous U.S., 3−7 business days to Alaska and Hawaii.

. FedEx 2Day Express: 2 Business Days

. USPS First Class Mail: 2-8 Business Day

Products (except discovery sets) are shipped via FedEx Home Delivery. For this reason, the delivery may take up to a week.

At any time you may track your delivery on www.fedex.com by entering the tracking number found in your delivery confirmation email.

Discovery set orders are shipped via USPS First Class Mail, delivery may take up to eight (8) business days.

Maison EX NIHILO USA Inc. reserves the right to divide deliveries. The debit of your credit or payment card will be divided in the same manner to correspond to the prices of products actually delivered. The delivery charges will only be billed as one delivery as indicated in your order confirmation. Maison EX NIHILO USA Inc.’s online boutique offers complimentary standard delivery within the US. FedEx 2Day Expedited delivery may be selected, and will incur additional charges. Delivery times may vary according to the delivery address, and the type of delivery selected by you at the checkout.

Your order will be shipped to the delivery address you provide at the checkout. Once an order has been placed, the shipping option cannot be modified. Please make sure to provide all the details needed including apartment/suite/building number, and the company name if needed.

Tracked deliveries that cannot be delivered because of absent customers will be shipped again at the customer’s expense, or cancelled. For specific delivery lead times, please contact us with your request before placing your order at concierge@ex-nihilo-paris.com.

Maison EX NIHILO USA Inc. cannot be held responsible for delivery delays. They can not give rise to damages. As soon as a delay is noted (beyond 7 (seven) days), the customer is required to refer to customer service as soon as possible.

On receipt of the order, it is the customer's responsibility to check the contents of the parcel and to indicate any reservations if the parcel has been opened or damaged. In such circumstances, and if the parcel presents apparent anomalies, you must inform the carrier chosen at the time of validation of your order as well as Maison EX NIHILO USA Inc. customer service at concierge@ex-nihilo-paris.com within 3 (three) days of receipt of your order, with the corresponding supporting documents (photographs, videos, in particular).

All information and content available on the website, its appearance, logo, features, texts, icons, videos, software (non-exhaustive list) are the property of Ex Nihilo or the property of parent companies, subsidiaries, partners or licensors. As a result, all these elements are protected by French, European and international legislation, in particular by trademark and copyright laws.

All these elements may not be used for commercial purposes without the prior written consent of Maison EX NIHILO Inc. You may not reproduce, sell, use, duplicate, copy, resell, modify or in any way use any information contained on our website, nor those of our service providers or suppliers, without our or their written and signed authorization.

In the event of major force, EX NIHILO is bound to fulfill its obligations under the terms of the contract made when an order is placed by the customer. If the circumstances meet the three following characteristics, unforeseeable, irresistible and beyond the control of the person concerned, the case of force majeure may be invoked by the customer.

However, in cases of disruption, flood, fire, or strike of postal services including, means of transport or communication obligations EX NIHILO will be suspended. Therefore, EX NIHILO shall not be liable for any direct or indirect damages related to such events beyond its control.

When a suspension of obligations of EX NIHILO becomes effective and exceeds 90 (ninety) days, the customer is entitled to cancel the order and be refunded.

The present General Terms and Conditions of Sale and the operations arising therefrom are subject to and governed by current French law. The present General Sales Conditions are written in english. Should they be translated, only the French text will be deemed authentic in the event of a dispute.

Any dispute shall be subject to a prior attempt at amicable settlement. In this case, all requests must be made by e-mail to concierge@ex-nihilo-paris.com