Terms and conditions

United States of America

Date of last update: 1 October 2019

Welcome to us.ex-nihilo-paris.com (the “Site”)

The site is owned and operated by Maison EX NIHILO USA Inc. (a Delaware foreign business corporation) with its principal place of business at 228 PARK AVENUE SOUTH #68993 NEW YORK, NEW YORK, 10003, USA.

By placing an order with us for goods which are sold on the Site (our “Products”) you will be deemed to have read, understood and agreed to these Terms and Conditions of Sale. Pursuant to applicable laws relating to e-signature, the placing of an order as detailed below shall be deemed electronic signing and evidence of the order and the amount due. Please read these Terms and Conditions of Sale carefully and, if you are unhappy with any aspect of these, you may not make a purchase on the Site.

GENERAL CONDITIONS OF SALE AND USE OF THE SITE www.ex-nihilo-paris.com

Purchases of products offered by the site www.us.ex-nihilo-paris.com are subject to the current conditions of sale (“General Conditions of Sale”). These conditions apply to the exclusion of all other conditions, notably those in place for retail outlet sales.

Maison EX NIHILO USA Inc. may, at any time, modify or update these General Conditions of Sale. 

Orders placed on the site www.us.ex-nihilo-paris.com are reserved for private individuals and companies who are “final buyers”. The re-sale or distribution of EX NIHILO products purchased on www.us.ex-nihilo-paris.com is strictly forbidden.

Eligibility to purchase Products from the Site

You must be at least 18 years old in order to make a purchase on the Site. If you are under 18 years old then you must have parental consent to make a purchase on the Site. For the avoidance of doubt; the purchase of Products through the Site is strictly limited to parties who can lawfully enter into and form contracts with us on the Site.

Accuracy of information on the Site

We will take all reasonable professional care to ensure that all details, descriptions, images of Products appearing on the Site are correct at the time when the relevant information was entered onto the system; however, to the extent permitted by applicable law, we do not warrant that the colors, information or other content available on the Site are accurate or complete. Images of Products are illustrative only; the packaging may vary from that shown. We have made every effort to display as accurately as possible the color of the Products that appear on the Site; however, as the actual colors you see will depend on your personal computer equipment, we cannot guarantee that your monitor’s display of any color will accurately reflect the color of the Products on delivery. The Site may contain typographical errors or inaccuracies. We therefore reserve the right to correct any errors, inaccuracies or omissions (including after an order has been submitted) and to change or update information at any time without prior notice. Please note that such errors, inaccuracies or omissions may relate to pricing and availability and we reserve the right to cancel or refuse to accept any order placed based on incorrect pricing or availability information. The information on Products available on the Site is provided in accordance with local laws.

Changes to these Terms and Conditions

We may make changes to these Terms and Conditions of Sale from time to time. Please look at the top of this page to see when these Terms and Conditions of Sale were last updated. Every time you order Products from us, the Terms and Conditions of Sale in force at the time of your order will apply to your contract of sale. If we revise these Terms and Conditions of Sale and this has a material impact on your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the order if you are not happy with the changes.

1 – Ordering Method

The site www.us.ex-nihilo-paris.com allows the ordering of products from the brand “EX NIHILO” on-line via Internet.

The US on-line boutique www.us.ex-nihilo-paris.com is exclusively for delivery in the United States.

For all unusual or exceptional orders, please contact us at concierge@ex-nihilo-paris.com or by telephone on +1 (732)-248-6699.

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.

You should carefully check the accuracy of your selection before confirming your order.

A confirmation of order will be sent to you by electronic mail. 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.

2 – Availability

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

3 – Pricing

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.

4 – Payment

Payment to MAISON EX NIHILO USA Inc. will be authorized at the online checkout upon order. 

All orders are payable in USD on the site.

The dispatch of your order will only take place after the verification of your mode of payment from the relevant bank that your payment has been received.

Online payment is accepted exclusively by Visa, MasterCard, American Express credit or debit cards, and PayPal. 

You confirm that the credit/debit card being used is yours. 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 payment, we will not be liable for any delay or non-delivery of Products. We retain the legal ownership of all Products until full payment has been made by you and received by us and legal ownership of the Products will immediately transfer back to us if we refund any payment for the Products to you. Risk in the Products transfers to you upon shipment.

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 but not limited to your payment card number, to authenticate your identity, to validate your payment card, to obtain a payment card authorization and to authorize individual purchase transactions.

For your security, your billing name and address must match that of the credit card used for payment. Online payment uses the SSL protocol, the industry standard in transferring information to process your orders, which offers maximum security. The information transmitted is entirely coded, is not seen nor stored, and is not shared with anyone.

For certain orders, you may be asked to pass a secured payment authentication procedure thanks to the 3D secure system (via “Verified by Visa” ® or “MasterCard® Secure Code”). In this case you should enter the personal information required by your bank in order to finalize your payment.

The products remain the property of Maison EX NIHILO USA Inc. until complete reception of payment by Maison EX NIHILO USA Inc.

You own a Product once payment in full has been received by Maison EX NIHILO USA Inc.

Confirmation of the amount paid will be provided in a Dispatch Confirmation email and on a paper invoice included in your package.

5 – Fraud Prevention

Maison EX NIHILO USA Inc. reserves the right to cancel or refuse an order from a client who is in legal proceedings concerning an external order, where Maison EX NIHILO USA Inc. reasonably esteems that the client has transgressed the existing General Conditions or that they are engaged in fraudulent activity or for any other legitimate motive.

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

Maximum purchase policy

The Products available on the Site and any samples we may provide to you, are for personal use only. You may not sell or resell any of the Product or samples you purchase or otherwise receive from us. Consequently, Maison EX NIHILO USA Inc. reserves the right to limit the quantity of products ordered or refuse orders of the same product in large quantities, in our sole discretion, that may result in the violation of this policy.

6 – Placing an order

You can place an order on the Site by adding Products to your basket and following the checkout process. Before placing an order you may always correct any errors you entered, change the basket contents, by adding or removing one or more Products from the basket, or cancel the entire order during checkout before sending your order. You will also have an opportunity to review and edit all of the details of your order, including billing and shipping information, prior to confirming your purchase.

Once you have placed an order on the Site, the Maison EX NIHILO USA Inc. will notify you by email to acknowledge receipt of your order and to provide you with an order number. If Maison EX NIHILO USA Inc. is unable to fulfill your order following this acknowledgement, you will be contacted by email or telephone advising you of this. Acceptance of your order will be confirmed by an email that confirms that the Products have been dispatched (“Dispatch Confirmation”). A legally binding contract between you and Maison EX NIHILO USA Inc. will be formed when we send you the Dispatch Confirmation (or, in the unlikely event that a Dispatch Confirmation is not sent due to a processing error, when Maison EX NIHILO USA Inc. dispatches the Products to you). If you require any information concerning your order, please contact customer service at concierge@ex-nihilo-paris.com.

Your order may not be accepted if a Product you have ordered is out of stock, if there is a Product or pricing error, or if your payment is declined (or otherwise not authorized). Where permitted by applicable law, please note that we reserve the right to reject any offer to purchase by you at any time prior to Dispatch Confirmation.

If you wish to modify your order, please contact customer service by phone at +1 (732)-248-6699, or by email at concierge@ex-nihilo-paris.com who will let you know if the change is possible and, if it is, any changes to the price of the Product, the timing of supply or anything else which would be necessary as a result of your requested change. You will be asked to confirm whether you wish to go ahead with the change. If the change cannot be made, or the consequences of making the change are unacceptable to you, you can cancel the contract in accordance with our refund and exchange policy.

Any request for cancellation of an order should be made before products are sent and, to be taken into consideration, at least 24 hours before the expedition of the order. This cancellation request should be directed to Customer Service by telephone at +1 (732)-248-6699 or by email at concierge@ex-nihilo-paris.com.

The right to make changes to the Products you have ordered may not apply to perfumes and candles that have been personalized.

A Product will be your responsibility from the time it is shipped to the shipping address you provided.

The Products available on the Site, and any samples thereof we may provide to you, are for personal use only. You may not sell or resell any of the Products or samples you purchase or otherwise receive from us.

We reserve the right, with or without notice, to cancel or reduce the quantity of any order to be filled or Products to be provided to you that we believe, in our sole discretion, may result in the violation of our Terms and Conditions.

7 – Shipping and Delivery

The products purchased on www.us.ex-nihilo-paris.com may only be 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. 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

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.

USPS First Class Mail: 2-8 Business Days

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

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.

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.

8 – Delivery Problems

Delayed delivery will not give rise to any penalty nor indemnity, and cannot be used as reason for cancelling the order.

Any delivery delay in excess of seven (7) days should be brought to the attention of our Customer Service department as soon as possible.

It is the client’s responsibility to verify the condition of the packaging and contents at the time of reception of the goods and to indicate their reservations on the delivery document if the package has been opened or damaged. Maison EX NIHILO USA Inc. will not be held responsible for damage to their products and packaging caused by transport conditions.

If you notice any particular anomalies (open packaging, damaged products etc.) you should contact Customer Service by email at concierge@ex-nihilo-paris.com or by telephone at +1 (732)-248-6699.

9 – Cancellation, Returns, Exchanges, Reimbursement

USA Customers only

You have 14 (fourteen) days from receipt of your products in which to exercise your right of withdrawal without having to state reasons, and without penalty. In the event of staggered partial deliveries, the right of withdrawal runs from the last delivery. If you are unsure, please try our creations (Products) before committing, via our discovery program available online. Should you have any questions or have a concern about a Product you’ve purchased, please contact us at concierge@ex-nihilo-paris.com.

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. 

If a product is accepted as a return, the price of the products purchased will be wholly reimbursed. Returns are to be effected in their original condition and complete (packaging, accessories and paperwork), and accompanied by the bill of sale to facilitate efficient management. The reimbursement of products will be effected within thirty (30) calendar days of the date on which the right is exercised.

EX NIHILO has the complete right to determine whether the products are in their original condition when returned.

The right of retraction may not be exercised for products opened by the client or those, which have been personalized at the client’s request.

-In the case of defective or damaged products, the client must ensure that the product is still sealed. (If this is not the case please contact our Customer service department).

EX NIHILO shall not be responsible in case of loss, wrongly addressed packages or delay in delivery of a package you wish to return, the risks inherent in the means of transport you choose and initiate rest solely with you.

In the case of exchange (other than products received as gifts):

– If the amount or the products chosen in exchange are of a value superior to that of the amount or products returned, you must pay the difference in price, in keeping with the current General Conditions of Sale.

– If the amount or products chosen as replacements have an inferior value to the amount or products returned, the difference in price will be reimbursed to you by Maison EX NIHILO USA Inc., in keeping with the current General conditions of sale, except in the case of a gift order.

Product exchanges must be returned in their original condition and complete (packaging, accessories and paperwork), and accompanied by the bill of sale to facilitate efficient management. 

Maison EX NIHILO USA Inc. will make all commercially reasonable efforts to ensure that the reimbursement is effected within fifteen (15) working days of reception of the returned products, in crediting your payment card. And the reimbursement of products will be effected within thirty (30) calendar days of the date on which the right is exercised.

We shall offer no reimbursement, even partial, if you have received the products as a gift.

10 – Intellectual Property

The site is protected by author’s rights. The use of any part of the site, notably by downloading, reproduction, transmission or representation through all media and by all processes with the intention other than for personal and private use with a non-commercial objective is strictly forbidden.

The identity of the company, brands and distinctive signs reproduced on the site www.us.ex-nihilo-paris.com are equally protected by brand rights. The reproduction or representation of all or part of the aforementioned signs is subject to written permission from Maison EX NIHILO USA Inc.

Generally, any unauthorized reproduction or representation of brands, logos, designs, models, literary, musical, audiovisual, or photographic works, and more generally any element susceptible to being protected by intellectual property rights accessible on sites is forbidden and constitutes fraud in the sense, unless this reproduction or representation is reserved strictly for personal and private use.

11 – Limitation Of Responsibly

In no case can Maison EX NIHILO USA Inc. be held responsible for any indirect damage, special incident and notably, without this being limiting, the loss of exploitation, profit or luck resulting from the purchase of products on the site www.us.ex-nihilo-paris.com.

Photographs are communicated as illustrative examples. Maison EX NIHILO USA Inc. cannot be held responsible for inaccuracy of photographs or graphic representations featured on the site www.us..ex-nihilo-paris.com We invite you to refer to the exact description of each product to know its precise characteristics.

In case of questions regarding the products, you may of course contact our Customer Service department by email at concierge@ex-nihilo-paris.com or by telephone at +1 (732)-248-6699.

12 – Personal Data

Information and data concerning you are collected by Maison EX NIHILO USA Inc. This data is necessary for the management of your order and our client-relations. It can be transmitted to companies contributing to these relations, such as those dealing with treating and managing services and orders for their management, execution and payment. This information and data is equally retained for security reasons, in order to respect legal obligations and requirements and also to allow us to improve and personalize the services that we offer you and the information we send to you.

According to your choices made during the creation or consultation of your account, you will be susceptible to receiving offers and information from our company. If you no longer wish to receive them, you can at any time request this by specifying it on your account.

13 – Cookies

Our sites are also designed to be attentive to the needs of our clients. For this reason, among others, we make use of cookies. The aim of the cookies is to alert us to your visit on our site. They are used by EX NIHILO to improve the personalized service, which we aim to give you.

During your visit to the site www.ex-nihilo-paris.com EX NIHILO is likely to implant cookies in your computer. This allows EX NIHILO to register information relative to the computer’s navigation of the site www.ex-nihilo-paris.com (pages consulted, the time and gate of consultation etc.). You are hereby informed that you may, in the set-up of your computer, oppose the registration/acceptance of cookies, receive a warning message before a cookie is copied or erase cookies from your hard-drive.

In the case in which you oppose implanting of cookies or proceed to erase them, the use of sites may be altered and may become impossible.

To know more about these functions you may consult the instructions for your navigator, or follow the following cookie-refusal procedure.

You may deactivate the cookies by following the following instructions:

  1. If you use the navigator Internet Explorer.
    • In Internet Explorer, click on the button ‘tools’, then on ‘internet options’
    • in the General tab, under ‘navigation history’, click on ‘parameters’.
    • Click on the button ‘display files.
    • click on the head of the ‘name’ column to sort the files in alphabetical order, then run through the list until you see the files starting with the prefix “cookie”. All cookies contain this prefix and usually the name of the site which created the cookie
    • Select the cookies containing the name “EX NIHILO” and erase them.
    • Close the window containing the file list and click twice on OK to return to Internet Explorer.
  2. If you use the navigator Firefox.
    • Go to the “Tools” tab and then select the “Options” menu.
    • In the window that opens, choose “private life” and click on “ show cookies.
    • Find the cookies, which contain the name “EX NIHILO” and erase them.
  3. If you use the navigator “Safari”.
    • In your navigator choose the menu “Editing>Preferences”
    • Click on “Security”
    • Click on “Show Cookies”
    • Select the cookies containing the name “EX NIHILO” and click on “erase” or on “erase all”
    • After having erased the cookies, click on “Finish”
  4. If you use the navigator Google Chrome.
    • Click on the icon for the “Tools Menu”
    • Select “Options”
    • Click on the tab ”Advanced Options” and go into the “Confidentiality” section
    • Click on the “Show Cookies” button
    • Find the cookies which contain the name “EX NIHILO”
    • Select them and erase them
    • Click on “Close” to return to your navigator.

14 – Applicable Law

If you have any questions or complaints about your online purchase, please contact us at concierge@ex-nihilo-paris.com in the first instance.

When you enter into a contract of sale with us, you agree that the law of the State of New York applies to that contact, and you submit to the exclusive jurisdiction of the courts of New York in respect of it.