OUR TERMS AND 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 offer erotic jewellery and lingerie sets manufactured 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 which appear on the Site, on the day of consultation of the Site by the User and within the limits of available stocks. The photographs and texts illustrating the Products have no contractual value and remain the exclusive property of their author. If these photographs and/or texts are incorrect, Sylvie Monthulé cannot be held responsible.

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 -. In the case of payment by credit card, the amount of the order will only be debited at the time of dispatch of the Products ordered. If the User chooses to pay by cheque, the order will only be processed on receipt of the cheque and the applicable time limits are those on the day the cheque is received. Payment by cheque is only possible for cheques in euros drawn on a bank domiciled in France. The order will only be processed on receipt of the Buyer’s cheque. The cheque will be cashed on receipt of the cheque. The cheque must be made payable to Ose créations and sent to the address below:

Ose créations- Sylvie Monthulé
269 avenue du Général de gaulle
94500 Champigny sur Marne – France

The amount due by the Buyer is the amount indicated on the order confirmation after validation by the Buyer. The Buyer shall have the choice, when validating his/her order, between different methods of payment. In this respect, payment may, unless the server is unavailable, be made :

– immediately on the Internet: by credit card (Carte Bleue, Visa, Eurocard/Mastercard).
– by post: 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
accompanied by payment by cheque made out to “Ose créations”.

In any case, the order will only be validated after reception of the order by Sylvie Monthulé and validity of the payment.

NOTE: Sylvie Monthulé reserves the right to refuse any order or any delivery for the following reasons

– existing dispute with the buyer,
– total or partial non-payment of a previous order by the buyer,
– refusal of authorisation of payment by bank card by banking organisations,
– non-payment or partial payment,

Sylvie Monthulé cannot be held responsible in any case.

In accordance with Article 6.2 below, the Buyer has the right to withdraw from the contract for a period of fourteen (14) working days from the date of receipt of the Products by the Buyer. The Buyer must then return, at his own expense, the products received, in their original condition.

Article 6. Delivery and returns

6.1. Delivery

The delivery time of the order is in principle 2 days (for metropolitan France) from the date of departure of the order. This period is also subject to the hazards of the carrier services ensuring the routing of packages. The Buyer may choose at the time of ordering, depending on the country of destination: delivery by collisimo, pick-up relay or express delivery. The Products ordered by the Buyer will be delivered to the address indicated by the latter on the order form. The Buyer has the possibility to have the Products delivered to another address than his own. Despite all the care taken by Sylvie Monthulé in the preparation of the parcels, it is possible that a Product is missing. Similarly, after the package has been transported, one of the Products may be defective. This is why, on receipt of the order, the Buyer should check the conformity of the Products received. Any anomaly concerning the delivery (missing or broken product, damaged package) must be notified as soon as possible to Sylvie Monthulé / Ose Créations, by email at: contact@sylvie-monthule.com or by post addressed to: Sylvie Monthulé / Ose Créations – 269 avenue du General de Gaulle – 94500 Champigny sur Marne – France

If Sylvie Monthulé has made a delivery error, or if a product arrives damaged or broken at the customer’s premises, Sylvie Monthulé will either exchange or reimburse the defective product(s), or reship the missing product(s) (subject to the validity of the purchaser’s request). If the buyer has made a mistake in the choice of products. He/she can return to Sylvie Monthulé the products ordered by mistake, but in this case, the return of the products will be at his/her expense and he/she will be charged the amount of the postal charges for the reexpedition of the desired products in replacement.

6.2. Returns

You have a period of 14 working days to return the Product(s) you have ordered by registered post with acknowledgement of receipt, at your expense. The jewellery must be returned to us in its original packaging or wrapping in perfect condition (damaged, opened or used products cannot be returned or refunded). This period runs from the day of receipt of the order. The jewellery must be returned to the following address Ose Créations / Sylvie Monthulé – 269 avenue du General de Gaulle – 94500 Champigny sur Marne – France. If the conditions below are met, Sylvie Monthulé will reimburse the buyer, within thirty (30) days from the date of receipt by Sylvie Monthulé of the parcel, the amount of the jewellery, with the exception of the transport costs which will have been charged for the dispatch of your order, as well as the cost of returning the jewellery to Sylvie Monthulé.

Please note that due to the intimate nature of its products and out of concern for hygiene, Sylvie Monthule reserves the right not to accept the return and refund of certain orders.  Penetrating jewellery, clitoral jewellery, anal jewellery and sex jewellery are neither exchanged nor refunded. They can be returned to us for size modifications or a possible repair, like all other jewels.

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 may the user download or modify all or part of this site without the express written permission of Sylvie Monthulé. This licence does not permit the use, for sale or for any other commercial use, of the Site or its contents (products listed, descriptions, prices, downloading or copying of information on behalf of another trader, use of data, software, sound extracts, graphics, images, texts, photographs, tools). The Site or any part of the Site must not be reproduced, copied, sold or exploited for commercial purposes without the express written permission of Sylvie Monthulé. The user must not use techniques to copy a brand, a logo or any other information (especially images, text, models) owned by Sylvie Monthulé without the express written consent of Sylvie Monthulé. The user must not use meta tags or any other “hidden” text containing a name or brand 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 false, misleading, or pejorative character for Sylvie Monthulé or its products or services, or that it may be prejudicial to the user. Under no circumstances may the creation of this hypertext link engage the responsibility of Sylvie Monthulé, in any capacity whatsoever, for the content of the Site. Any use in a link of the Sylvie Monthulé logo, its brand or its graphics requires the express written authorisation of Sylvie Monthulé. In any case, the information obtained via these tags is strictly anonymous and simply allows us to gather statistics on the frequentation of certain pages of the Site, in order to better serve the Users of the Site.

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.