General conditions of sale

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.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.ex-nihilo-paris.com site is strictly forbidden.

The site www.ex-nihilo-paris.com allows you to order EX NIHILO’s products online.

This is an European online shop, delivering only in the Europe. Check our Q&A to see if your country is one of the countries we deliver to. You can also order by telephone on +33 1 40 15 93 77. For exceptional orders, please contact us at contact@ex-nihilo-paris.com.

With the placement of each order on the Site www.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.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 contact@ex-nihilo-paris.com or by telephone on +33 (0)1 40 15 93 77.

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

Prices for all Products are set by EX NIHILO and will be shown and charged in euro.

The price of your order will be quoted including or excluding taxes depending on the delivery address. Products delivered within the delivery countries 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.

According to the legal provisions, you have a period of fourteen (14) days from the reception of you products to exercice your right of withdrawal without having to justify your reasons or pay any penalties.

Thus, once a product has been removed from its packaging and unsealed, the customer is no longer entitled to exercise his write of withdrawal. If the right of withdrawal is exercised with the aforementioned period, the products must be in their original condition (packaging, accessories,instructions, etc.) allowing them to be marketed as new and accompanied by a copy of the purchase invoice for optimal management.

Each order placed on the site www.ex-nihilo-paris.com has to be paid immediately. All orders are payable in Euro 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 EX NIHILO until complete reception of payment by EX NIHILO. It means that you own a product once payment in full has been received by EX NIHILO.

To request a return, refund or exchange, please contact the following email address contact@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 EX NIHILO 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 EX NIHILO in its original condition. EX NIHILO 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 contact@ex-nihilo-paris.com or by telephone on +33 1 40 15 93 77, 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 EX NIHILO 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.

EX NIHILO 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 EX NIHILO 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 EX NIHILO.

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

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

For a delivery in France, Switzerland, Monaco :

• Standard with Colissimo for FREE : 2 - 4 business days

• Express with Chronopost for 8.00€ : 2 business days

For a delivery in European Union :

• Standard wth Chronopost for FREE : between 2-6 business days and 20 days depending on the distance of your country

• Express with DHL for 35€ : between 2-3 business days and 20 days depending on the distance of your country

For a delivery in the United Kingdom, Norway, Chypre, Liechtenstein, Malte, San Marino :

• Standard with Chronopost for FREE : between 2-6 business days and 20 days depending on the distance of your country

• Express with DHL for 39€ : between 2-3 business days and 20 days depending on the distance of your country

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

EX NIHILO 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.

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 contact@ex-nihilo-paris.com.

EX NIHILO USA 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 EX NIHILO customer service at contact@ex-nihilo-paris.com within 3 (three) days of receipt of your order, with the corresponding supporting documents (photographs, videos, in particular).

All our products are covered by the legal warranty. In accordance with legal provisions, the seller is obliged to deliver goods that conform to the contract and is liable for any lack of conformity at the time of delivery. Similarly, the products sold on the www.ex-nihilo-paris.com website are subject to the legal guarantee conditions set out in articles L 211-4, L 211-5 and L 211-12 of the French Consumer Code and articles 1641 and 1648 of the French Civil Code:

• Article 1648 of the French Civil Code

The seller is liable for any hidden defects in the item sold which render it unfit for its intended use, or which impair this use to such an extent that the buyer would not have purchased it, or would only have paid a lower price for it, had he been aware of them.

• Article 1648 of the Civil Code

The action resulting from redhibitory defects must be brought by the purchaser within two years of discovery of the defect. In the case provided for in Article 1642-1, the action must be brought, on pain of foreclosure, within one year of the date on which the seller can be discharged of any apparent defects.

• Article L211 -4 of the Consumer Code

The seller is obliged to deliver goods that conform to the contract and is liable for any lack of conformity at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, assembly instructions or installation when the latter has been made his responsibility under the contract or has been carried out under his responsibility.

• Article L211 -5 of the Consumer Code

To comply with the contract, the goods must : Be fit for the use normally expected of similar goods and, where applicable, correspond: to the description given by the seller and possess the qualities that the seller has presented to the buyer in the form of a sample or model; present the qualities that a buyer may legitimately expect having regard to the public statements made by the seller, by the producer or by his representative, particularly in advertising or labelling; or present the characteristics defined by mutual agreement between the parties or be fit for any special purpose sought by the buyer, brought to the attention of the seller and accepted by the latter.

• Article L211-12 of the Consumer Code

Any action resulting from a lack of conformity must be brought within two years of delivery of the goods.

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 contact@ex-nihilo-paris.com.