Preamble

These general terms and conditions of sale apply to all sales concluded on the website www.luddina.art, within the framework of a distance selling system.

The website www.luddina.art is a service of :

• The artist Luddïna - Luddina Féler

• Domiciled at 93330 Neuilly-sur-Marne, France

• Website URL: www.luddina.art

• Email: lu****@g****.com

The website www.luddina.art markets the following products: original works and limited editions.

The buyer declares having read and accepted the general terms and conditions of sale prior to placing their order. Order validation therefore constitutes acceptance of the general terms and conditions of sale.

Furthermore, the buyer declares to be at least 18 years old and to have legal capacity or to hold parental or guardianship authorization allowing them to place an order on the website www.luddina.art.

These general terms and conditions of sale may be supplemented by specific conditions, stated on the medium before any transaction with the buyer.

Article 1 - Principles

These general conditions express the entirety of the parties' obligations. In this sense, the buyer is deemed to accept them without reservation.

These general terms and conditions of sale as well as the tariffs are expressly agreed and accepted by the buyer, who declares and acknowledges having perfect knowledge of them, and therefore waives invoking any contradictory document, particularly their own general purchase conditions, the act of purchase resulting in express acceptance of these general terms and conditions of sale.

The seller and buyer agree that these general conditions exclusively govern their relationship. The seller reserves the right to modify their general conditions occasionally without notice. They will be applicable as soon as they are posted online.

If a sales condition were to be lacking, it would be considered to be governed by the customs in force in the distance selling sector whose companies have their headquarters in France.

Article 2 - Content

These general conditions aim to define the rights and obligations of the parties within the framework of online sales of goods offered by the seller to the buyer, from the website www.luddina.art.

These conditions only concern purchases made on the www.luddina.art website and delivered exclusively in metropolitan France or Corsica. For any delivery to French overseas territories or abroad, please send a message
to the following email address : lu****@g****.com.

Article 3 - Pre-contractual Information

The buyer acknowledges having received communication, prior to placing their order and concluding the contract, in a readable and understandable manner, of these general terms and conditions of sale and all information listed in article L. 221-5 of the consumer code.

The following information is transmitted to the buyer in a clear and understandable manner :

• the essential characteristics of the work;

• the price of the work;

• if applicable, all additional transport, delivery, customs, or postage costs and all other possible fees;

• in the absence of immediate contract execution, the date or deadline by which the seller commits to deliver the goods, regardless of their price;

• information relating to the seller's identity, postal, telephone, and electronic contact details, and activities, those relating to legal guarantees, digital content functionalities and, where applicable, their interoperability, the existence and implementation procedures of guarantees and other contractual conditions.

Article 4 - The Order

The buyer has the possibility to place their order online, from the online catalog and using the form therein, for any product, within the limits of available stock. The buyer will be informed of any unavailability of the ordered product or item.

The order from the website is only valid for billing and delivery addresses located in the countries indicated on the order form.

For the order to be validated, the buyer must also choose the address and delivery method, and finally confirm the payment method. The order is accepted by the seller when it has been confirmed by the buyer on the website and payment has been validated by the seller.

The sale will be considered final :

• after sending the buyer confirmation of order acceptance by the seller via email; this confirmation includes the order number, order specifications, total amount, billing and delivery addresses of the buyer.

• and after collection by the seller of the entire price.

Any order constitutes acceptance of the prices and description of products available for sale.

In certain cases, particularly payment default, incorrect address, or other problems with the buyer's account, the seller reserves the right not to record the payment and therefore not to accept the buyer's order.

The buyer will be informed by email – sent to the email address they entered when placing their order on the site – within seven working days of the order. Non-execution or partial execution of an order will not entitle to any compensation. In such a case, no payment will be collected by the seller.

For any question relating to order tracking, the buyer can send an email to the seller at the following address: lu****@g****.com.

Article 5 - Product Information

The products governed by these general conditions are those that appear on the seller's website and are indicated as sold and shipped by the seller. They are offered within the limits of available stock.

Products are described and presented with the greatest possible accuracy. However, if errors or omissions have occurred regarding this presentation, the seller's responsibility could not be engaged.

Product photographs are not contractual.

Article 6 - Prices and Shipping Costs

The seller reserves the right to modify their prices at any time in case of product update but commits to applying the current rates indicated at the time of order, subject to availability on that date.

Prices are indicated net in euros (VAT not applicable: article 293B of the general tax code).

They do not take into account delivery costs or packaging costs for shipping to France or abroad.

For deliveries to France or abroad, a shipping charge is added to the order amount. They will be billed separately and indicated before order validation.

For works shipped outside the European Union, customs or import taxes or VAT may be applicable. These duties and amounts are not within the seller's purview. They will be borne by the buyer and are the buyer's entire responsibility both in terms of declarations and payments to the competent authorities and organizations of the country concerned. If one or more taxes or contributions, particularly environmental ones, were to be created or modified, whether increased or decreased, this change may be reflected in the selling price of the products.

Prices are those in force for registered mail or signed delivery by the Post Office or other carriers such as Fedex/TNT, DHL, UPS...

If, for any reason, an incorrect price is indicated to the buyer when placing their order, only the current price will prevail; in this case, the buyer will have the option to cancel their order.

Article 7 - Payment Method

This is an order with payment obligation, which means that placing the order implies full payment, in cash, without discount at the net price in euros by the buyer.

To pay for their order, the buyer has, at their choice, all payment methods made available by the seller and listed on the seller's website.

The buyer guarantees to the seller that they have the authorizations possibly necessary to use the payment method chosen by them when validating the order form. The seller reserves the right to suspend any ongoing order management and any delivery in case of refusal of bank card payment authorization by officially accredited organizations or in case of non-payment of amounts due.

The seller particularly reserves the right to refuse to make a delivery or honor any new order from a buyer who has not fully or partially paid for a previous order or with whom a payment dispute is being processed.

Payment of the price is made in full on the day of the order, according to the following methods :

• Bank card

• Paypal ©

Banking fees related to payment by using one or the other of these payment methods are borne by the buyer.

For all types of payments, unless the general conditions of the payment platform used specify otherwise, in case of late payment by the buyer, the interest rate of late payment penalties will be calculated on the refinancing rate applied by the European Central Bank, increased by 10 points. The reference to this interest rate comes from article L 441-6, al 8 of the Commercial Code as modified by Law n° 2008-776 of August 4, 2008. It will be applied without reminder from the seller. Late payment penalties will be due the day after the payment date appearing on the invoice and until the day the funds are made available to the seller by the buyer (article L 441-3 of the Commercial Code).

Article 8 - Product Availability

Except in cases of force majeure or during closure periods of the online store, shipping times will be, within the limits of available stock, those indicated below. Shipping times run from the order registration date indicated on the order confirmation email. To this time is added the carrier's delivery time.

Article 9 - Delivery Terms

Delivery means the transfer to the consumer of physical possession or control of the goods. The ordered products are delivered according to the methods and deadline specified above.

For deliveries to Metropolitan France and Corsica, the maximum deadline is two weeks excluding carrier delivery time, from the day following the one on which the buyer placed their order, according to the following methods: registered mail or signed delivery by the Post Office or other carriers such as Fedex/TNT, DHL, UPS... Delivery times are those indicated by the carriers. The seller cannot under any circumstances be held responsible for delays in delivery times. Any delivery delays do not give the buyer the right to claim damages.

For deliveries to French overseas territories or another country, delivery methods will be specified to the buyer on a case-by-case basis.

Products are delivered to the address indicated by the buyer when entering the order, the buyer must ensure its accuracy.

In case of error in the wording of the recipient's contact details, the seller cannot be held responsible for the impossibility in which they might find themselves to deliver the product. Any package returned to the seller due to an incorrect or incomplete delivery address will be reshipped at the buyer's expense.

If the buyer is absent on the delivery day, the delivery person will leave a delivery notice in the mailbox, which will allow the package to be picked up at the place and time indicated.

The sold goods travel at the buyer's risk and peril, who will have to verify the conformity and number of shipments received and, if necessary, initiate against the carrier, particularly in case of damage, substitution, or shortage, the procedures provided for by articles 105 and following of the commercial code.

If at the time of delivery, the original packaging is damaged, torn, or opened, the buyer must then verify the conformity and condition of the items before signing the carrier's delivery receipt. If they have been damaged, the buyer must imperatively refuse the package and note a reservation on the delivery slip (package refused because opened or damaged). The buyer must also indicate on the delivery receipt and in the form of handwritten reservations accompanied by their signature any anomaly concerning the delivery (damage, missing product compared to the delivery receipt, damaged package, broken products...).

This verification of goods is considered performed as soon as the buyer, or a person authorized by them, has signed the delivery receipt.

The buyer must then declare by registered letter with acknowledgment of receipt, these reservations to the carrier at the latest within two working days following receipt of the item(s). This dispute must also be declared by means of a letter with acknowledgment of receipt addressed to the seller, within 48 hours (working days).

If the products need to be returned to the seller, they must be subject to a return request to the seller within 14 days following delivery. Any complaint made outside this deadline cannot be accepted. The return of the product can only be accepted for products in their original condition (packaging, accessories, invoice, certificate of authenticity...).

In case of non-delivery of an order or part of an order, the buyer has a maximum of three months from the shipping date to contact the seller. Beyond this deadline, the seller will not accept any complaint.

Article 10 – Transfer of Ownership

The seller retains full ownership of the products sold until full payment of the order amount. However, from delivery onwards, the risks of loss or deterioration are transferred to the buyer.

Article 11 - Warranty

In accordance with articles 1641 and following of the Civil Code, the buyer benefits from the provisions of the legal warranty for hidden defects that may affect the sold item. It shall be up to the buyer to prove that the defects existed at the time of sale of the item and are of a nature to render the item unfit for its intended use.

In case of non-conformity of a sold product, it may be returned to the seller who will take it back, exchange it or refund it. All claims, exchange or refund requests must be made by email to the following address : lu****@g****.com within thirty days of delivery.

The products sold on the website www.luddina.art are not subject to any additional warranty from the seller. They will neither be taken back nor exchanged.

Article 12 - Right of Withdrawal

In accordance with the provisions of the Consumer Code, the buyer has a period of 14 days from the date of delivery of their order to return any item that does not suit them and request an exchange or refund without penalty, except for return costs which remain the buyer's responsibility.

Returns must be made in their original condition and complete (packaging, accessories, instructions...) allowing their re-commercialization in new condition, accompanied by the purchase invoice. Damaged, soiled or incomplete products are not accepted.

Any method of withdrawal declaration is accepted. It must be unambiguous and express the intention to withdraw.

In this case, an acknowledgment of receipt on a durable medium will be immediately communicated to the buyer.

Article 13 - Liability

In the absence of explicit and written authorization issued by the seller, the latter incurs no liability, both towards its buyers and any third parties, regarding the distribution of products featured in its catalog.

The seller cannot be held liable for direct or indirect damages, whatever their nature, resulting from the use of the products.

In the absence of explicit and written authorization issued by the seller, the buyer is prohibited from reselling the products sold by the seller. Under the same conditions, they are prohibited from reproducing in any manner whatsoever and on any medium whatsoever, particularly digital, the visuals or images sold on the website www.luddina.art.

Any order placed by a buyer is for their personal use or for the personal use of the person on whose behalf the delivery is to be made. In the latter case, the buyer guarantees the personal acceptance of these General Terms and Conditions of Sale by the delivery recipient.

Article 14 - Force Majeure

All circumstances independent of the parties' will preventing the execution of their obligations under normal conditions are considered as causes of exemption from the parties' obligations and result in their suspension.

The party invoking the circumstances mentioned above must immediately notify the other party of their occurrence, as well as their disappearance.

Will be considered as cases of force majeure that release the seller from any obligation to honor a buyer's order, all irresistible facts or circumstances, external to the parties, unforeseeable, unavoidable, independent of the parties' will and which cannot be prevented by them, despite all reasonably possible efforts. Expressly, are considered as cases of force majeure or fortuitous events, in addition to those usually retained by the jurisprudence of French courts and tribunals: strikes, blockage of means of transport or supply difficulties, civil or foreign war, riots, acts of terrorism, total or partial destruction of premises or others, earthquakes, fires, storms, floods, lightning, shutdown of telecommunications networks or difficulties specific to telecommunications networks external to customers, customs measures of any nature or origin whatsoever or any other fortuitous event that prevents or delays totally or partially the execution of the seller's obligations.

Article 15 - Intellectual Property

The content of the website is protected by copyright and remains the property of the seller, sole holder of intellectual property rights on this content.

Buyers undertake not to make any use of this content; any total or partial reproduction of this content is strictly prohibited and is likely to constitute a counterfeiting offense. No reproduction and/or adaptation may be made without the seller's authorization.

The photos of works, texts, videos, graphics, logos contained on this site are the exclusive property of the seller and constitute works of the mind protected by articles L.111-1 and following of the Intellectual Property Code.

The buyer may, via their web browser, view the elements for solely personal and private purposes (as defined in article L 122-5, 2nd paragraph of the Intellectual and Artistic Property Code).

Any other use or public distribution than those expressed above is strictly prohibited, except after having obtained the written and prior agreement of the seller (address above). This prohibition particularly concerns the complete or partial reproduction of works or extracting elements from databases used and presented by the website www.luddina.art.

Without prior written request, the public distribution of a reproduction or copy of works (via blogs, Instagram, or other web community platforms) is liable to legal proceedings. Citing the seller's name is not sufficient to give authorization for distribution or publication.

The buyer undertakes to use this information only for personal purposes. Any other use is strictly prohibited. This information is given for information purposes only. The seller's liability cannot be engaged for any error, omission, abusive use or damage both direct and indirect resulting from the use of information contained on this site. The buyer is solely responsible for the use of any information.

The website www.luddina.art constitutes only an intermediary between the buyer and the works presented on the site. Consequently, the seller cannot guarantee the buyer the availability of each painting. Please contact us for a request for a catalog of works available for sale.

The use of all or part of the site, particularly by downloading, reproduction, transmission, screenshot, representation, or distribution for purposes other than the buyer's personal and private use is strictly prohibited.

The violation of these provisions subjects its author to the sanctions provided for both by the Intellectual Property Code, particularly regarding counterfeiting of copyright (article L.335-3), trademark rights (article L.716-9) and by the Civil Code regarding civil liability (article 9, articles 1382 and following).

By using this site, the buyer implicitly accepts the conditions of use described on this page, without prejudice to any contractual and/or tortious recourse that may be exercised by www.luddina.art. Any dispute concerning the interpretation or execution of a contractual commitment provided for in the texts of this site will be under the exclusive jurisdiction of French courts applying French law.

The links indicated on this site are given for information purposes only, the seller cannot therefore be held responsible for their content.

Article 16 – Security and Confidentiality

The website implements organizational, technical, software and physical measures regarding digital security to protect personal data against alterations, destructions and unauthorized access. However, it should be noted that the internet is not a completely secure environment and the website cannot guarantee the security of transmission or storage of information on the internet.

The seller treats all information concerning the buyer with the strictest confidentiality. During purchases, the buyer only asks the Customer for essential information (name, first name, address, email, telephone number), and prohibits any use of data communicated by the buyer for any other use than for quality processing and careful monitoring of the order.

Article 17 - Data Protection and Privacy

The personal data provided by the buyer is necessary for processing their order and establishing invoices.

They may be communicated to the seller's partners responsible for execution, processing, management and payment of orders.

The buyer has a permanent right of access, modification, rectification and opposition regarding information concerning them. This right may be exercised under the conditions and according to the methods defined on the website www.luddina.art.

Article 18 - Mediation

The buyer may resort to conventional mediation, particularly with the Consumer Mediation Commission or with existing sectoral mediation instances, or to any alternative mode of dispute resolution (conciliation, for example) in case of dispute.

In case of complaint from one or more parties, they undertake to seek an amicable solution together prior to any contentious recourse. In accordance with the provisions of the Consumer Code concerning the amicable settlement of disputes, the consumer/buyer may refer to the consumer mediator referenced on the site https://www.economie.gouv.fr/mediation-conso. After prior written approach by the buyer to the website www.luddina.art, the mediator service may be referred to for any consumer dispute whose settlement would not have been successful. The seller may also present their possible complaints on the dispute resolution platform put online by the European Commission at the following address : https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage. The European Commission will transfer the buyer/consumer's complaint to the competent national mediators notified. In the case where no agreement or mediation is possible, the parties may refer to the competent courts of the dispute opposing them. Unless otherwise provided by law, in case of dispute and in the absence of an amicable solution, express jurisdiction is attributed to the courts of Bobigny, notwithstanding plurality of defendants or third-party proceedings, even for urgent procedures or for conservatory procedures, in summary proceedings or by petition.

Article 19 - Applicable Law and Disputes

These general conditions are subject to the application of French law. In the event that a dispute arises from this contractual relationship, the parties undertake before any legal action to seek an amicable solution.

In case of dispute, the High Court of Bobigny is the only competent court. This applies to both substantive and procedural rules.

Article 20 - Contract Language

These general terms and conditions of sale are written in French. In the case where they would be translated into one or more foreign languages, only the French text would be authoritative in case of dispute.