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This site is the property of and edited by the ENIES Company, S.A.S with a capital of 10,000 euros, registered with the Paris RCS under the number B 537 661 522
Headquarters: 15 Avenue de L’Opéra 75001 Paris.
Tel: +33 (0) 1 40 15 93 77
GENERAL CONDITIONS OF SALE AND USE OF THE SITE www.ex-nihilo-paris.com
Purchases of products offered by the site www.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.
ENIES may, at any time, modify or update these General Conditions of Sale. You may consult, at any time, the currently applicable version of the General Conditions of Sale by clicking on the link “CGV-CGU”
Orders placed on the site www.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.ex-nihilo-paris.com is strictly forbidden.
1- Ordering Method
The site www.ex-nihilo-paris.com allows the ordering of products from the brand “EX NIHILO” on-line via Internet.
French and European on-line boutique www.ex-nihilo-paris.com is exclusively for delivery in metropolitan France (including Corsica) and the following countries Austria, Belgium, Bulgaria, Cyprus, Czech Republic, Denmark, Estonia, Lichtenstein, Finland, Germany, Greece, Hungary, Ireland, Italy, Latvia, Luxembourg, Malta, Monaco, the Netherlands, Poland, Portugal, Romania, San Marino, Slovakia, Slovenia, Sweden, Spain, Switzerland, United Kingdom, Vatican City.
Hereafter referred to as “the Site”.
You may also order by phone on +33 (0) 1 40 15 93 77 Monday-Friday (except public holidays) 11a.m.-7.30p.m.
For all unusual or exceptional orders, please contact us at firstname.lastname@example.org or by telephone on +33 (0) 1 40 15 93 77.
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.
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.
All the necessary steps for sale are set out on the site www.ex-nihilo-paris.com in keeping with the requirements of article 1369-4 of the Civil Code. Conforming to the conditions of article 1369-5 of the Civil Code, 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.
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.
www.ex-nihilo-paris.com is a retailer and does not have the goal of selling the offered products in large quantities. Consequently, EX NIHILO reserves the right to limit the quantity of products ordered or refuse orders of the same product in large quantities, and this in keeping with the specifications applied in the field and notably those of article L122-1 of the French Consumption Code.
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
The prices of EX NIHILO products are indicated in Euros in France and the euro zone. The prices are indicated with taxes included other than the costs of transport and delivery.
EX NIHILO reserves the right to modify, at any time and without prior notice, the prices of products offered on the site. 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.
Other than in the case of reimbursement specified hereafter, EX NIHILO shall not reimburse the sales tax applied to sales effected on the site www.ex-nihilo-paris.com (even in the case in which the buyer, after reception sends on the EX NIHILO products to another European Union member- country). The amount of your order includes the delivery costs. In conformity with the specifications of article L.121-19 of the Consumer Code, a bill is transferred to the client during the order and/or immediately after the registration of the order and payment of the price of this order.
The products remain the property of the company EX NIHILO until complete reception of the payment buy EX NIHILO. However, You accept the risks (notably of loss, theft or damage) concerning delivered, and this is counted from the effective date of delivery.
All orders placed on the site must be paid for immediately at the time of validation of the order. We accept payment by bankcards, which are a part of the normal bankcard network, Visa, Euro card, MasterCard, American Express or PayPal.
All orders are payable in euros on the site.
The expedition of your order will only take place after the verification of your mode of payment and the reception of authorization of debit of your card.
EX NIHILO uses the SSL procedure of encrypting to protect all the data connected to personal information and methods of payment
In all secure zones in which the URL address begins with https:// (where the “s” signifies secure), the information is encoded and therefore protected before its’ Internet transfer.
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.
5- Fraud Prevention
EX NIHILO reserves the right to cancel or refuse an order from a client who is in legal proceedings concerning an external order, where EX NIHILO 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 www.ex-nihilo-paris.com
The products purchased on the site www.ex-nihilo-paris.com may only be delivered to a postal address in the following countries:
Metropolitan France (including Corsica) and the following countries Austria, Belgium, Bulgaria, Cyprus, Czech Republic, Denmark, Estonia, Lichtenstein, Finland, Germany, Greece, Hungary, Ireland, Italy, Latvia, Luxembourg, Malta, Monaco, the Netherlands, Poland, Portugal, Romania, San Marino, Slovakia, Slovenia, Sweden, Spain, Switzerland, United Kingdom, Vatican City.
It is impossible to place an order for any delivery address situated outside of these territories.
The products are sent to the delivery address, which you have indicated in your order.
The products purchased on the site with an on-line validation effected before 12.a.m. on a business day, are delivered according to the time-frames indicated below, to which should be added a period of treatment of your order and supply to the transporter with a maximum delay of 72 hours
France: 2 working days
European countries: 3 to 8 working days
At any time you may track your delivery on www.colissimo.fr by entering the package number featured in the confirmation of expedition email – with the exception of orders of samples for which tracking is not possible.
In the case of a delay of more than 7 days, you will benefit from the possibility of cancelling you order within a period of 60 working days, in keeping with legal requirements. In this case, if you have received the product after your cancellation, we shall proceed towards the reimbursement of the product and the cost of return, upon reception of said product in our care, complete and in its’ original condition.
The delivery charges are specified before the validation of your order. For reasons notably of security, EX NIHILO will not treat any order for which a postal collection point, a postal box, a university residence address or a cedex address is given. In the case of an order for a non-EU country, the client is the importer of the products concerned. Customs duties or other local taxes may be required, and these additional charges are the responsibility of the client.
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 and will conform to the indications in your confirmation of order.
La Poste via Colissimo Expert in France and via Colissimo Expert International delivers the products for all other countries.
Depending on the number and type of product, the amount of delivery charge is calculated as follows:
-10€ per order within France (perfume and/or candle)
- 20€ per order sent to Austria, Belgium, Bulgaria, Cyprus, Czech Republic, Denmark, Estonia, Lichtenstein, Finland, Germany, Greece, Hungary, Ireland, Italy, Latvia, Luxembourg, Malta, Monaco, the Netherlands, Poland, Portugal, Romania, San Marino, Slovakia, Slovenia, Sweden, Spain, Switzerland, United Kingdom, Vatican City.
Our delivery boxes can only contain 2 products (perfume and/or candle. For this reason, over and above 2 products, the client will be billed extra delivery charge per bracket. (1 or 2 products = 10€ for France and 20€ international etc)
7- Delivrery Problems
Delays in delivery cannot result in compensation.
Any 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. The unqualified signature of the client receiving delivery of the package affirms the acceptance of this package. In no event will the company EX NIHILO 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 with Customer Service by email at email@example.com or by telephone on +33 (0) 1 40 15 93 77
8- Cancellation, Returns, Exchanges, Reimbursement
Once completed your order is transmitted to EX NIHILO for treatment.
You can modify it by contacting Customer Service by phone on +33 (0) 1 40 15 93 77 or by email at firstname.lastname@example.org
Any request for cancellation of an order should be made before products are sent and, to be taken into consideration, at the latest 24 hours before the expedition of the package. This cancellation request should be directed to Customer Service by telephone on +33 (0) 1 40 15 93 77 or by email at email@example.com
RIGHT OF RETRACTION, EXCHANGE, REIMBURSMENT
According to current law you have a period of 7 days from the reception of your products to exercise your right of retraction without necessity of justification of your motives or payment of a penalty.
In the case of exercise of your right of retraction within the allowable period, the price of the products purchased and transport will be wholly reimbursed. The return costs will be your responsibility. Returns are to be effected in their original condition and complete (packaging, accessories and paperwork) to permit their re-sale in new condition, and accompanied by the bill of sale to facilitate efficient management.
EX NIHILO has the complete right to determine whether the products are in their original condition when returned.
In keeping with current law 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.
You have the right to return any product ordered on the site with a request for exchange or reimbursement in conformity with the conditions foreseen in the prevision of the 7-day delay or the right of retraction. The reimbursement of products will be effected within thirty(30) calendar days of the date on which the right is exercised.
In case of exchange or request for reimbursement the return costs are your responsibility. To make a return request, please contact Customer service at firstname.lastname@example.org or on+33 (0) 1 40 15 93 77 who will register your request and indicate the procedure you should follow.
In fact, for legal reasons connected to transport, the return of products, which contain alcohol, are subjected to particular procedures. The following conditions apply to the return of perfumes:
-The product must not be open and must be returned in its’ original packaging (in transparent plastic).
-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).
You can subsequently return your products by courier to the following address EX NIHILO – Retour Internet, 352 rue Saint Honoré, 75001 Paris, France
EX NIHILO shall not be responsible in case of loss, wrongly addressed packages or delay in delivery of a package you wish to return, given that 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 EX NIHILO, in keeping with the current General conditions of sale, except in the case of a gift order.
In the case of exchange, the costs of the original delivery will be reimbursed, but the costs of the second delivery will be charged to you.
The products must be returned in the condition indicated in the preceding paragraph. EX NIHILO 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. The reimbursement shall be effected under any circumstances, within 30 days of the notification of your right of retraction.
We shall offer no reimbursement, even partial, if you have received the products as a gift.
9- Legal Guarantee Against Hidden Flaws
In conformity with current laws we shall reimburse you for products, which are apparently damaged, or not corresponding to your order.
Products sold on the site www.ex-nihilo-paris.com are subject to the conditions of legal guarantee foreseen in articles L211-4, L211-5 and L211-12 of the Consumer Code as well as articles 1641 and 1648 of the Civil Code:
ARTICLE 1641 CIVIL CODE
The seller is held as guarantor against hidden flaws in the sold product, which render it improper for the use to which it is intended, or which so diminish this use that the buyer would not have acquired it, or would have paid a lesser price if they had been aware.
ARTICLE 1648 CIVIL CODE
The action resulting from irreparable faults should be brought to attention by the acquirer in a period of 2 years from the moment of discovery of the fault. In the case foreseen by article 1642-1, the action should be introduced, at the risk of foreclosure, in the year, which follows the date on which the seller can be discharged of responsibility for apparent flaws.
ARTICLE L211-4 OF THE CONSUMER CODE
The seller is charged with delivering goods conforming to the contract and respond to faults of conformity existing during delivery. He is equally answerable for faults resulting from packaging, assembly instructions or installation in the case that this is his responsibility under the contract or has been carried out under his responsibility.
ARTICLE L211-5 THE CONSUMER CODE
To conform to contract the goods must.
Be fit for the use normally expected of such goods and if to the contrary, correspond: to the description given by the seller and possess the qualities presented by him in the form of a sample or model; present the qualities that a buyer could legitimately expect in consideration of public declarations made by the seller, by the producer or his representative, notably in advertising or labeling.
Or present that which is defined, by common agreement between the two parties, to be fit for all special use sought by the buyer, made known to the seller and that the latter has accepted.
ARTICLE L211-12 THE CONSUMER CODE
Any action resulting from a fault in conformity of the product is valid for 2 years from the delivery of the goods.
10- Intellectual Property
The sites are protected by author’s rights. The use of any part of the sites, notably by downloading, reproduction, transmission or representation through all media and by all processes with the intention of other than 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.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 EX NIHILO.
Generally, any un-authorized 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 of the articles L335-2 and those following in the Intellectual Property Code, unless this reproduction or representation is reserved strictly for personal and private use.
11- Limitation Of Responsibly
In no case can EX NIHILO 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.ex-nihilo-paris.com
The products offered conform to current French and European law and to the norms applicable in France and Europe. EX NIHILO is in no way responsible for any case of non-respect of laws of the country to which a product is delivered (for example in the case of a product being forbidden). It is your responsibility to verify with your local authorities the possible implications of importation and use of which you intend to order.
Photographs are communicated as illustrative examples. EX NIHILO cannot be held responsible for inaccuracy of photographs or graphic representations featured on the site www.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 email@example.com or by telephone on +33 (0) 1 40 15 93 77
12- Personal Data
Information and data concerning you are collected by the company ENIES. 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.
In keeping with the law concerning information technology and freedoms of 6 January 1978, you have a right of access, rectification and opposition to data concerning you. It is only necessary for you to write to us online at firstname.lastname@example.org or my mail to EX NIHILO, 352 rue Saint Honoré, 75001 Paris, France, indicating your surname, your first name and email address. In keeping with current law your request must be signed and accompanied by a photocopy of a form of identity bearing your signature and specifying the address to which a response should be addressed. A response will then be addressed to you within a period of two months following the reception of your request.
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.
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
The current General Conditions of Sale are drafted and interpreted in keeping with French law, without taking into account the principles of conflicts of law. The current General Conditions of sale present no obstacle respecting the site www.ex-nihilo-paris.com to the maintenance of public order under the rules of the member-country of the European Union of which the client has affected an order, under the condition that they are also residing therein. The General conditions of Sale were originally written in French.