Terms & Conditions
TECHNICAL AND ADMINISTRATIVE INFORMATION ABOUT OUR WEBSITE
The website www.sylvie-monthule.com is an e-commerce website accessible via the Internet, open to all users of this network. It is published by the company Ose Créations, SARL with a capital of 8000 Euros, whose head office is located at 269 Avenue du Général de Gaulle – 94500 Champigny sur Marne – France. siret n° 433 682 952 00026
Article 1. Purpose of the site
The site allows Sylvie Monthulé to offererotic jewelry and lingerie sets, as well as drawings and paintings (originals and prints) created and produced by Sylvie Monthulé and Ose créations for sale to Internet users browsing the site. For the purposes of these terms, it is agreed that the user and Sylvie Monthulé will be collectively referred to as the “Parties” and individually referred to as the “Party”, and that the user who has placed an order will be referred to as the “Purchaser”. The rights and obligations of the user necessarily apply to the buyer.
Article 2. The Contract – Conditions for placing an order
To make purchases on the Site, the User declares to be at least 18 years old. The User who wishes to purchase on the Site declares that he/she has full legal capacity. Any order for a Product offered on the Site implies the consultation and express acceptance of these General Terms and Conditions of Sale, without this acceptance being conditional on a handwritten signature by the User. In accordance with the provisions of Articles 1316 to 1316-4 of the Civil Code, supplemented by Decree No. 2001-272 of 30 March 2001, taken for the application of Article 1316-4 of the Civil Code and relating to the electronic signature, it is recalled that the validation of the order form as specified in Article 4.2 below, constitutes an electronic signature which has, between the Parties, the same value as a handwritten signature and is proof of the completeness of the order and the payability of the sums owed in execution of the said order. Finally, it is specified that the User may save or print these General Terms and Conditions of Sale, provided that they are not modified.
Article 3. Products – Prices – Availability
3.1. Products
The Products offered for sale by Sylvie Monthulé are those listed on the Website on the day the User visits the Website and are subject to availability. The photographs and texts illustrating the Products are not contractually binding and remain the exclusive property of their author. If these photographs and/or texts are inaccurate, Sylvie Monthulé cannot be held liable in this regard. Photographs of drawings and paintings (originals and/or prints) may display differences in color depending on the user’s screen, and again, Sylvie Monthulé cannot be held liable.
3.2. Prices
The prices displayed on the Site are indicated in euros including all French taxes (French V.A.T.), excluding shipping costs, which will be invoiced in addition and will be specified to the User at the time of the final validation of his/her order. They take into account any reductions as well as the V.A.T. applicable on the day of the order, except for typographical errors or omissions. Buyers from outside the European Union are not subject to French VAT. The price indicated at the end of the order process will therefore be calculated according to the address of the country of delivery. The company Ose créations / Sylvie Monthulé can in no way intervene on the VAT that will be applied by the country of destination and that the buyer will have to pay on receipt of his order, and can in no way be held responsible for the amount of VAT that the buyer will have to pay. It is specified that any promotions granted in the form of discount vouchers are only valid for one order per household and for a given period of validity. Sylvie Monthulé reserves the right, which the user accepts, to modify its prices at any time. However, the Products will be invoiced on the basis of the prices in force at the time the order is placed, subject to the availability of the Products.
3.3. Availability
Sylvie Monthulé accepts orders within the limits of available stocks. In the event of the unavailability of one of the products, Sylvie Monthulé undertakes, within thirty (30) days of the date of validation of the order, to either offer the purchaser a similar product at a similar price, or to reimburse the purchaser in the form of a voucher, or to reimburse the purchaser by check. In the case of the issue of a voucher, the Buyer may, upon request to our Customer Service, ask for the cancellation of the voucher and its reimbursement by cheque by e-mail to: or by post (however, for more security, we advise you to proceed by post with acknowledgement of receipt) sent to the following address
Ose Créations – Sylvie Monthulé
269 avenue du General de Gaulle
94500 Champigny sur Marne – France
In order to process your request correctly, please remind us of your order number and your full contact details. The date of validation of the order corresponds to the date of the order in case of payment by credit card online, to the date of receipt of the cheque in case of payment by cheque. In the event that one of the products in your order is out of stock, we will dispatch the rest of your order.
Article 4. Registration of an order and final validation of the order
4.1. Registration of an order
The User wishing to place an order shall select the Product(s) of his/her choice and express his/her wish by clicking on the “Buy” box. At any time, the User may :
– obtain a summary of the Products they have selected, by clicking on “View basket”,
– continue their selection of Products by clicking on “Continue shopping”,
– complete their selection of Products and order these Products by clicking on “Finalise my Order”.
To order the Products selected, after clicking on “Finalise my order”, all Users must identify themselves by entering their personal information in the fields provided for this purpose. The fields preceded by an asterisk (*) are compulsory in order to process the order. The User must accurately fill in the form provided, on which he/she must include the information necessary for his/her identification and in particular his/her surname, first name, postal address and e-mail. In addition, the User must specify the delivery address for the Products, with only one address per order. An order form will appear on the screen, summarising the nature, quantity and price of the Products selected by the User, as well as the total amount of the order. The User may choose the method of payment he/she wishes.
4.2. Final validation of the order
After having read the status of the order, and once all the information requested has been completed by the User, the latter will click on the chosen method of payment to definitively confirm the order. If the User wishes to pay for his/her order by credit card, he/she must provide his/her credit card number, depending on the type of credit card, the expiry date of the card and the cryptogram number (3-digit number on the back of the credit card). It is specified that by choosing immediate payment by bank card, as provided for in article 5 below, the User will then be automatically transferred to the electronic payment server. The bank’s server is secured by S.S.L. (Secure Socket Layer) encryption in order to protect all data linked to means of payment. At no time will the user’s bank details pass through the Site’s computer system. Sylvie Monthulé is therefore not responsible for this. As soon as the user validates his/her payment, the order is recorded. The user becomes a buyer. The order form will be recorded on the Site’s computer registers, which are themselves kept on a reliable and durable medium, and will be considered as proof of the contractual relations between the parties.
Article 5. Payment
The User may pay by credit card, bank transfer, or check. In the case of payment by credit card, the amount of the order will only be debited when the Products ordered are shipped. If the User chooses to pay by check, the order will only be processed upon receipt of the check, and the applicable delivery times are those applicable on the date of receipt of the check. Payment by check is only possible for checks in euros drawn on a bank domiciled in France. The order will only be processed upon receipt of the Buyer’s check. The check will be cashed upon receipt.
The check must be made payable to Ose créations and sent to the address below:
Ose créations- Sylvie Monthulé
269 avenue du general de gaulle
94500 Champigny sur Marne – France
In the case of payment by bank transfer (payment method authorized for buyers in the European Union), the order will only be processed upon receipt of the transfer.
The amount owed by the Buyer is the amount indicated on the order confirmation after validation by the Buyer. The Buyer will have the choice of different payment methods when validating their order. As such, payment may be made, unless the server is unavailable:
– immediately online: by credit card (Carte Bleue, Visa, Eurocard/Mastercard).
– by bank transfer (the Buyer will receive our bank details for payment at the same time as their order is confirmed)
– by mail: by printing their order form on paper and sending it by post
– by mail: by printing the order form on paper and sending it by post
to Ose créations – 269 avenue du général de Gaulle – BP 219 – 94500 Champigny sur Marne, France
accompanied by payment by check made out to “Ose créations.”
In any case, the order will only be confirmed after receipt of the order by Sylvie Monthulé and validation of the payment.
NOTE: Sylvie Monthulé reserves the right to refuse any order or delivery for the following reasons:
– existing dispute with the Buyer,
– total or partial non-payment of a previous order by the Buyer,
– refusal of authorization for payment by credit card by banking institutions,
– non-payment or partial payment,
Sylvie Monthulé shall not be held liable under any circumstances.
In accordance with Article 6.2 below, the Buyer has a right of withdrawal for a period of fourteen (14) working days from the date of receipt of the Products by the Buyer. The Buyer must then return the products received in their original condition at their own expense.
Article 6. Delivery and returns
6.1. Delivery
The delivery time for orders is generally two days (for mainland France) from the date the order is dispatched. This delivery time is also subject to the vagaries of the carrier responsible for delivering the parcels. When placing their order, the buyer can choose, depending on the destination country: delivery by Collisimo, pick-up point, or express delivery. The Products ordered by the Buyer (jewelry, original drawings or print drawings, original paintings or print paintings) will be delivered to the address indicated by the Buyer on the order form. The Buyer has the option of having the Products delivered to an address other than their own. Despite the care taken by Sylvie Monthulé in preparing the packages, it is possible that one of the Products may be damaged during transport. For this reason, upon receipt of their order, the Buyer shall check that the Products received are in good condition. Any anomaly concerning the delivery (missing or broken product, damaged package) must be notified within 48 hours by email with supporting photos to contact@sylvie-monthule.com.
If Sylvie Monthulé has made a delivery error, or if a product arrives damaged at the customer’s premises, Sylvie Monthulé will either exchange or refund the defective Product(s), or resend the missing Product(s), subject to the validity of the Buyer’s request. If the buyer has made a mistake in choosing their products, they may return the products ordered in error to Sylvie Monthulé, but in this case, they will be responsible for the cost of returning the products and will be invoiced for the postage costs for resending the desired replacement products.
6.2. Returns
You have 14 working days to return the Product(s) you have ordered by registered mail with acknowledgment of receipt, at your own expense. Jewelry must be returned to us in its original packaging or wrapping in perfect condition (damaged, opened, or used products cannot be returned or refunded).
Original drawings or prints, as well as original paintings or prints, must be returned to us in their original packaging or wrapping in perfect condition (if they are returned to us damaged or degraded, they cannot be returned or refunded).
This 14-day period starts from the day the order is received. Jewelry, drawings, and paintings must be returned to the following address: Ose Créations / Sylvie Monthulé – 269 avenue du General de Gaulle – 94500 Champigny sur Marne – France.
If the above conditions are met, Sylvie Monthulé will refund the Buyer, within thirty (30) days of the date of receipt by Sylvie Monthulé of the package, the amount due for the jewelry or drawings and paintings, with the exception of the shipping costs charged to her for the shipment of your order, as well as the costs of returning the jewelry, drawings, or paintings when returning the products to Sylvie Monthulé.
Please note that due to the intimate nature of jewelry and for hygiene reasons, Sylvie Monthule reserves the right to refuse returns and refunds on certain orders. Penetrative jewelry, clitoral jewelry, anal jewelry, and genital jewelry cannot be exchanged or refunded. They can be returned to us for size adjustments or repairs, like all other jewelry.
6.3. Unclaimed parcel and/or refused parcel
Unclaimed parcels: if a parcel has not been claimed by the customer within the time limit set by the postal services, it is, in principle, automatically returned to us. Sylvie Monthulé then keeps the products at the customer’s disposal for 2 months from the date of receipt of the unclaimed package. During these two months, if the customer wishes to have the products returned, he/she must first pay the postage fees charged by the postal services for the re-shipment of the package. After this period, Sylvie Monthulé will proceed to the reimbursement of the order minus the packaging costs and possibly the fixed price of the shipping costs if the order has benefited from a free shipping offer. Packages refused by a buyer from outside the European Union: The buyer who places an order on the Sylvie Monthulé website is not liable for French VAT. On receipt of the order, the buyer must pay the customs fees of his country. If the buyer refuses to pay the tax and refuses the parcel, Sylvie Monthulé, once the parcel has been recovered, will refund the amount of the buyer’s order, deducting the amount of the transport costs incurred in sending the parcel, and also the costs invoiced by the customs authorities to Sylvie Monthulé following the customer’s refusal to pay them.
Article 7. Reservation of ownership
The products remain the property of Sylvie Monthulé until full payment of the order has been received by Sylvie Monthulé. However, from the moment the order is received by the buyer, the risks of the goods delivered are transferred to the buyer.
Article 8. Personal information
The personal information collected in the context of distance selling is compulsory, as this information is necessary for the processing and delivery of orders as well as for the preparation of invoices. The customer information received by Ose créations / Sylvie monthulé remains strictly confidential and is in no way communicated to third-party companies or private individuals. In accordance with law n°78-17 of 6 January 1978 relating to information technology, files and freedoms, the processing of personal information collected on the Site has been declared to the Commission Nationale de l’Informatique et des Libertés. The User has the right to access, modify, rectify and delete data concerning him/her. To exercise this right, the user should send a letter to Sylvie Monthulé’s Customer Service. The user must be sure to include his or her name, first name and address. Depending on the choices made when placing an order, the user may receive offers from Sylvie Monthulé.
Article 9. Licence to access the Site and web beacons
9.1. Licence to access the site
Sylvie Monthulé grants a limited license to access and use the Site for personal use. Under no circumstances is the User authorized to download or modify all or part of this Site without the express written permission of Sylvie Monthulé. This license does not permit the use of the Site or its content (products listed on the site, namely jewelry, drawings and paintings, descriptions, prices, downloading or copying of information on behalf of another merchant, use of data, software, sound clips, graphics, images, texts, photographs, tools) for sale or any other commercial use.
The Website or any part of the Website may not be reproduced, copied, sold, or exploited for commercial purposes without the express written permission of Sylvie Monthulé. The User must not use techniques that enable the copying of a trademark, logo or any other information (including images, text, models) owned by Sylvie Monthulé without the express written consent of Sylvie Monthulé. Users may not use meta tags or any other “hidden” text containing the name or trademark belonging to Sylvie Monthulé without the express written consent of Sylvie Monthulé. Any unauthorized use will terminate the license granted by Sylvie Monthulé. Sylvie Monthulé authorizes the User, on a non-exclusive and revocable basis, to create a hypertext link to the home page of the Site, provided that this link does not create a misleading, false, pejorative, or prejudicial character for Sylvie Monthulé or her products or services. Under no circumstances shall the creation of this hyperlink engage the responsibility of Sylvie Monthulé, in any capacity whatsoever, for the content of the Site.
Any use of Sylvie Monthulé’s logo, brand, or graphics in a link requires the express written permission of Sylvie Monthulé. In any event, the information obtained via these tags is strictly anonymous and is used solely to compile statistics on the traffic to certain pages of the Site in order to better serve Site Users.
Article 10. Applicable law, jurisdiction and force majeur
10.1. Applicable law, competent jurisdiction
These General Terms and Conditions of Sale and the order summary sent to the Buyer form a contractual whole and constitute the entire contractual relationship between the Parties. In the event of contradiction between these documents, the General Conditions of Sale shall prevail. The present General Conditions of Sale and the contractual relations between Sylvie Monthulé and the Buyer are subject to French law. In the event of a dispute, an amicable solution will be sought before any legal action. If the dispute persists, it will be submitted to the competent court.
10.2. Force majeure
Sylvie Monthulé will not be responsible for the total or partial non-execution of its obligations under the present contract, if this non-execution is caused by an event constituting force majeure, notably, and without this list being exhaustive, in the event of disruption or total or partial strike, notably of the postal services and means of transport and/or communications, flooding, fire. The Parties agree that they shall consult each other as soon as possible in order to determine together how to carry out the order for the duration of the case of force majeure. Each Party shall be entitled to an additional period of execution. If such a situation lasts for more than 60 days, the contract may be terminated in writing by either party, without compensation.