1 – GENERAL TERMS
These general terms and conditions of sale apply to all orders placed on the website https://www.ludivinejosephine.fr.
The Ludivine Josephine website sells the following products: artprint, stationery, ebook, digital portraits and original artworks.
Any order placed on https://www.ludivinejosephine.fr implies the unconditional acceptance of the prices of the company Ludivine AIELLO and these general terms and conditions.
Ludivine AIELLO reserves the right to adapt or modify these terms and conditions at any time.
2 – PRODUCT CHARACTERISTICS – AVAILABILITY
Only items listed as available on the website https://www.ludivinejosephine.fr on the day of the order can be sold to the customer. The offer of the item and its prices are valid as long as the item is indicated as available on the site.
The customer can, before placing the order, check the essential characteristics of the product(s) they wish to purchase on https://www.ludivinejosephine.fr.
3 – PRICE
Products on https://www.ludivinejosephine.fr are listed in euros, and billed according to the prevailing price at the time of the order.
Ludivine AIELLO reserves the right to change its prices at any time but agrees to apply the prices in effect at the time of the order, subject to availability.
VAT is not applicable in accordance with Article 293B of the French Tax Code.
4 – PAYMENT – TERMS
4.1. For sales on the website https://www.ludivinejosephine.fr to France (including DOM TOM), products can be paid for in euros by check, credit card (Visa, Eurocard, Mastercard), ApplePay, or PayPal account.
Payment is considered complete when the amount is credited to the account of Ludivine AIELLO.
4.2. For sales on the website https://www.ludivinejosephine.fr to foreign countries, products must be paid for in euros upon ordering by credit card (Visa, Eurocard, Mastercard), ApplePay, or PayPal account.
The customer will bear the currency exchange risk from the time the product price is determined until the payment is made.
4.3. If payment is made by check, the order will only be processed after the check has been cashed. Checks will be presented for cashing upon receipt.
Checks made payable to « Ludivine AIELLO » should be sent to the following address:
Aiello Ludivine
Ludivine Josephine
14 rue de la Madeleine
30 000 Nîmes
France
4.4. Products remain the property of Ludivine AIELLO until the full payment for the order is received. However, once delivered, the risks associated with the goods are transferred to the customer.
4.5. The customer agrees to receive invoices exclusively in electronic format.
4.6. Ludivine AIELLO reserves the right to refuse delivery or fulfill an order from a customer who has not fully paid for a previous order or has an ongoing payment dispute.
5 – DELIVERY METHODS AND DELIVERY TIMES
5.1. The following terms apply only to Metropolitan France.
5.2. Each order is shipped within 2 to 7 business days, twice a week: on Tuesday and Friday (business days, otherwise the shipment will be delayed until the next business day).
5.3. Each order is sent via Colissimo for Metropolitan France. The delivery of the package will be made without a signature.
A tracking number corresponding to the order will be sent to the customer via email as soon as the package is shipped.
5.4. Shipping fees are based on the actual weight of the ordered items and the cost of packaging. These fees will be indicated before payment in the customer’s shopping cart.
5.5. The announced delivery times are calculated in business days. The 5-day delivery time is an average estimate and corresponds to the processing, preparation, and shipping times for each order. This time is in addition to the shipping time from the carrier (Post Office).
Delivery times are provided for informational purposes, and their non-respect cannot result in order cancellation or claims for damages.
For any order, Ludivine AIELLO is considered to have fulfilled its delivery obligation once the products have been delivered to the customer’s address or any other location agreed upon with the customer.
5.6. Products are considered to be in the customer’s custody as of the delivery date. Therefore, from this point on, the customer assumes full responsibility for any damage the products may incur, regardless of the cause, even in the event of force majeure, unforeseen events, or actions by a third party.
5.7. If the customer desires additional insurance for their order, they should contact Ludivine AIELLO by email. A new invoice reflecting the added services will then be sent.
Ludivine AIELLO reserves the right to modify shipping fees at any time.
6 – COMPLIANCE – RECEIPT
The customer must check the compliance of the products (condition, absence of defects, quantity…) upon receipt, in the presence of the carrier if necessary. The customer is responsible for any fees and risks related to the verification of the products. If the package appears to be defective (open or damaged package), the customer must refuse the package (the carrier is solely responsible until proven otherwise) and notify Ludivine AIELLO.
7 – LUXURY CUSTOM PORTRAIT
7.1 Scope of Service
The luxury custom portrait service offered by Ludivine Joséphine consists of made-to-order portraits intended strictly for personal and private use. This service applies to solo portraits, couples, groups of up to three people, and pets with a maximum of two animals. Any request exceeding these limits requires prior written approval.
7.2 Available Formats
Clients may choose between:
a digital version only
or a Fine Art printed version, which also includes the digital file.
7.3 Creation and Delivery Timeframes
The digital portrait is delivered within five to ten business days, excluding public holidays and festive periods. No physical item will be shipped for this option.
The Fine Art portrait is delivered within ten to thirty days, in addition to the time required to complete the digital portrait. Delivery time varies depending on the destination and shipping conditions.
7.4 Client Delays
Any delay in feedback, validation, or responses from the client will automatically result in a delivery delay. The artist cannot be held responsible for delays caused by late client responses.
7.5 Fine Art Printing and Shipping
The Fine Art printed version is produced and shipped by a professional partner printing service. The artist is not involved in the production, shipping, or delivery process of the printed artwork.
As a result, Ludivine Joséphine cannot be held responsible for any delay, issue, loss, damage, or delivery problem caused by the printing partner or the shipping carrier. Delivery timeframes are indicative only and depend entirely on the partner’s production schedule and the destination address.
7.6 Delivery Terms
For the digital version, the portrait is delivered via Google Drive link sent by email. The link includes:
1 high-quality JPG file with a white background, sized 40 x 50 cm (16 x 20 inches), 300 DPI
1 complimentary thank you gift
For the Fine Art version, the printed portrait is shipped to the address provided by the client. The digital version is also delivered via Google Drive with:
1 high-quality JPG file with a white background, 40 x 50 cm, 300 DPI
1 complimentary thank you gift
7.7 Revisions
The service includes up to one rounds of revisions. Any additional revisions will be billed at €100 per hour and will be issued via a separate invoice.
All revision requests must be clear and specific. Stylistic preferences, color choices, or additional details must be communicated at the time of ordering.
7.8 Personal Data and Photographs
In accordance with applicable data protection regulations, client photographs are used solely for the creation of the portrait. Once the order has been delivered and confirmed, all source files are permanently deleted from the artist’s servers.
Personal data and photographs are never shared, published, or used without the client’s prior written consent. Please refer to the privacy policy for further details.
7.9 Copyright and Usage Rights
© Ludivine Joséphine. All rights reserved.
The digital and printed portraits are strictly for personal and private use, including personal printing. Any reproduction, distribution, alteration, resale, or commercial use, in whole or in part, without prior written consent from the artist is strictly prohibited.
8 – WITHDRAWAL AND RETURNS
8.1. According to Article L.121-21 of the French Consumer Code, « The consumer has a period of fourteen days to exercise their right of withdrawal from a contract concluded remotely, following unsolicited phone calls or outside of the establishment, without needing to justify their decision or incur any additional costs other than those specified in Articles L. 121-21-3 to L. 121-21-5. Any clause by which the consumer waives their right of withdrawal is null. »
8.2. According to Article L.121-20-2 of the Consumer Code, the right of withdrawal does not apply to products made to the customer’s specifications or clearly personalized or which, due to their nature (digital products, ebooks…), cannot be returned or resold.
8.3. In case of an error or defect in the order attributable to Ludivine AIELLO, the customer has 14 days from the receipt of the order to submit a complaint, specifying the nature of the non-compliance.
If the returned product is found to be defective, Ludivine AIELLO agrees to exchange it, issue a credit, or provide a refund.
No return will be accepted without prior written authorization from Ludivine AIELLO.
In any case, the returned product must be in its original packaging, with all the product and its accessories.
Any product that is incomplete, damaged, or whose original packaging is deteriorated will not be accepted for return or exchange.
Return shipping costs are the responsibility of Ludivine AIELLO, unless the returned product does not match the original order declaration made by the customer. The return shipping fee will be capped at the Post Office’s standard shipping rate.
The customer assumes all risks related to the return of the product.
8.4. Regarding customizable products, Ludivine AIELLO is not responsible for any mistakes (e.g., spelling errors or product choices) made by the customer. In this case, no product will be returned, exchanged, or refunded for any reason (see Article 7.2). The customer must bear the cost of creating a new customizable product, including shipping fees.
9 – INFORMATION AND PRIVACY
The personal data provided by the buyer is necessary for processing their order and issuing invoices.
This data may be shared with the seller’s partners responsible for executing, processing, managing, and paying orders.
The buyer has a permanent right of access, modification, rectification, and opposition concerning their data. This right can be exercised under the conditions and procedures defined on the Ludivine Josephine website.
10 – CONTRACT LANGUAGE
These general terms and conditions of sale are written in French. If they are translated into one or more foreign languages, the French text will prevail in case of a dispute.
11 – APPLICABLE LAW AND DISPUTES
These general terms and conditions of sale are subject to French law, regardless of the country of delivery.
In case of a dispute, French courts will have exclusive jurisdiction.
12 – PROTECTION OF PERSONAL DATA
12.1 Data Collected
The personal data collected on this site is as follows:
Account creation: When the user creates an account, their name, surname, email address, phone number, and postal address are collected.
Connection: When the customer logs into the site, it records, notably, their name, surname, connection data, usage data, location, and payment data.
Profile: The use of services provided on the Ludivine Josephine site allows for the creation of a profile, which may include…