LEGAL TERMS :

 

This website is managed by:

Benjamin Loyauté Studio
B.P 19 1180 Uccle Vanderkindere, Belgique

RC : 0507.655.240 VAT : BE 0507.655.240

The Candygraphy is a brand of Benjamin Loyauté Company. Louloupti is a registered trademark of Benjamin Loyauté.

 

GENERAL CONDITIONS OF USE OF THE WEBSITE

Consultation of the website is provided free of charge for visitors and without any guarantees from Benjamin Loyauté society. The use of the website by visitors imply their automatic and binding approval of the general conditions of use, as well as terms and disclaimers posted on the website.

Content of the website:

Information placed on the website is provided for purely indicative purposes. Despite Benjamin Loyauté society efforts to provide a correct and up-to-date information, errors might be included on the website. Benjamin Loyauté society does not assume any liability for the information and for the use that might be made of this information by the visitor. Benjamin Loyauté society has the right to modify and update the website at any time, without prior notice. Benjamin Loyauté society cannot be held liable for direct or indirect damages due to the use of the website by visitors. Benjamin Loyauté society invites you to regularly visit its site for fast information on any changes.

 

Availability of the website:

Benjamin Loyauté society does not guarantee an access to the website without interruption or errors, neither that the website if free of viruses or dangerous components. Benjamin Loyauté society does not grant any guarantee, whether express or not, and excludes in particular any guarantee regarding the availability and conformity of the website as well as its capacity to answer to the visitors’ expectations or needs. Benjamin Loyauté society cannot be held liability for any direct or indirect damages due to the impossibility for the visitor to use the website.

 

Use of the information by the visitor – Intellectual property:

Utilisation of the site data is only authorised for information purposes and for private use. Any potential utilisation for other purposes is expressly prohibited.
No parts of this site may be copied, reproduced, republished, downloaded, posted, transmitted or distributed in any way whatsoever without the express prior written authorisation of Benjamin Loyauté society
The user undertakes to comply totally with the copyright belonging to Benjamin Loyauté society and to third parties. The publication of trademarks, photos, drawings, images and text on theBenjamin Loyauté society sites should not be interpreted as granting the right of utilisation or any other right whatsoever to the user. The designations, logos and other symbols used on this site are trademarks and/or designs protected worldwide. Any usage of these or similar symbols is strictly prohibited without the prior written agreement of Benjamin Loyauté society. Any violation of these rights may involve civil and/or criminal proceedings.

 

Hyperlinks to websites falling out of the control of Benjamin Loyauté society:

The presence of hyperlinks on the Benjamin Loyauté society site does not mean that Benjamin Loyauté society exercises any control over these sites, nor that Benjamin Loyauté society undertakes any liability whatsoever with regard to their contents or their existence.

COPYRIGHT

No element of the website can be copied, reproduced, republished, posted, transmitted or distributed without the express consent of Benjamin Loyauté society.

 

 

TERMS AND CONDITIONS OF SALE

 

1. General

The present terms and conditions of sale govern the relationship between Benjamin Loyauté society whose head office is at B.P 19 1180 Uccle Vanderkindere Belgique, BCE number 0314.595.348,, operating under the name of « Candy Shop The Candygraphy », hereinafter called “the Vendor”, on the one hand, and any person or company ordering remotely (by means of placing an order online via the Internet site https://louloupti.com), for himself/herself or on behalf of a third party, for professional or private purposes, hereinafter called “the Customer”, on the other hand. Depending on the Customer’s specific position (consumer or otherwise), some clauses in these terms and conditions of sale may not apply.

Benjamin Loyauté society offers to sell the Customer products online through Candy Shop The Candygraphy
The Customer declares s/he has the capacity to possess rights and be bound by obligations.

 

2. Object

The products are described on the site https://louloupti.com in good faith and as accurately as possible. The Customer may obtain extra information on the products presented on the site by sending an email to sweet@louloupti.com.The presentation of the products is not binding on the Vendor and does not constitute an offer in the legal sense of the term.
The photographs, diagrams, drawings or videos illustrating the products are not contractually binding. Under no circumstances shall the Vendor be held liable for any errors that may occur in them.

 

3. Ordering

As the products proposed for sale on Candy Shop The Candygraphy are foodstuffs that are prone to deteriororating or expiring rapidly, the right of withdrawal does not apply to the Customer.
The products proposed for sale in Candy Shop The Candygraphy are those featuring on the website on the day that it is consulted by the Customer and are subject to availability.

The Customer can find out about the various products that the Vendor offers on its website https:// louloupti.com.The Customer may navigate freely on the pages of the website with no obligation to purchase.
The products are presented using an information sheet (product description, ingredients, photograph and price) containing information that is as correct and precise as possible to give as faithful and complete a description as possible. However, considering the digital means of presenting the products online, it is possible that the Customer’s perception of the photographic representation of a product does not correspond exactly with the product itself.

The Customer shall select the products s/he wants and specify the quantity. The products will then be automatically added to the Customer’s basket.
At any time, the Customer may view a summary of the selected products by clicking on “View basket”, correct any errors in the ordering information entered, finish selecting products and order the products by clicking on “Order”.

The Customer can choose the payment method desired as set out in Article 6.
By clicking on “Buy”, the Customer completes his/her order. The order is recorded and the sale is complete. The Customer can no longer correct any data errors made when entering the order.

The confirmation email that the Vendor sends to the Customer concludes the contract and implies the Customer’s unconditional acceptance of these terms and conditions. The details of the order stated in the confirmation email are:
Summary of item(s)

Total cost of order
Total shipping and processing costs

Customer’s name and address
Place and date of ordering (for information only)
Payment details
Contact details for the customer care department of Candy Shop The Candygraphy
The order form shall be recorded on the Vendor’s IT registers, which are stored on a reliable, durable server and shall be considered proof of the contractual relations between the parties. It also provides proof of the availability and price of the items.
Automatic recording systems are deemed to be valid proof of the nature, content and date of the order. The sale shall not be concluded until confirmation of the order has been sent by email to the Customer.
The Vendor shall not be bound by the Customer’s order until written confirmation is sent that it agrees to process the order. The Vendor reserves the right to subject the order to other conditions, to suspend or refuse it, notably if the order proves to be incomplete, if the data supplied is obviously erroneous, if the Customer has failed to pay previous orders, or for any other reason that the Vendor may see fit.
The information given by the Customer when s/he places an order is binding: in the event of an error in the Customer’s name or address, the Vendor shall not be held liable for its inability to deliver the goods.
Orders shall not be final until they have been confirmed by payment of the order by the Customer.

 

4. Prices

The prices of the various products are given in euros (€)and include tax. The prices are net, before shipping costs. The Vendor reserves the right to change its prices at any time. The products, if available, shall nonetheless be invoiced in euros at the rates in force when the order was recorded. Placing an order implies accepting the price given for the chosen product.

Shipping costs, where relevant, are given separately when you process your order and must also be paid at the time of completing your order.
The total price given in the order confirmation is the final price, including all taxes and costs.

 

5. Customs duties

Any order placed on the website and shipped outside Belgium may be subject to taxes and customs duties when it reaches its destination. The expense of the taxes and customs duties related to the delivery of an item are the responsibility of the Customer alone.
The Vendor is not required to find out about and inform the Customer of any customs duties and taxes which may apply. The Vendor advises the Customer to contact the competent authorities in his/her country for further information on this matter.

 

6. Payment methods

Candy Shop The Candygraphy website is governed by Belgian law and the items offered for sale on the site are all shipped from Belgium. Invoices are drawn up in euros or pounds sterling, subject to Belgian value-added tax (TVA) of 6% and shipping costs subjected to 21%.
Any order dispatched to a European Union country other than Belgium is subject to VAT at the rate applicable in the country of dispatch, in line with the European Union’s authorised thresholds.
The Vendor accepts the following payment methods: VISA, MASTERCARD, AMERICAN EXPRESS and PAYPAL. The Customer shall receive confirmation by email on receipt of payment for his/her order.
Whatever payment method is used, the order shall not be taken into account until the payment has been validated. As long as the order has not been validated, it shall be recorded but not taken into account. Validation of the order is issued once authorisation to debit the account has been sent by the organisation that verifies and validates payment. The Vendor shall then send a confirmation email and the Customer’s account shall be debited.

The Vendor reserves the right to suspend the processing of an order if payment by bank card is denied or payment is not made. In these circumstances, the Vendor may consider the sale to be cancelled.
The Vendor guarantees full confidentiality of bank information secured by the SSL protocol, which automatically checks the Customer’s right to use the bank card and encrypts all transactions to ensure confidentiality.

 

7. Proof of the transaction

In general, the parties accept electronic evidence within the framework of their relations (email, back-up, etc).
The parties agree that the data recorded by the Vendor are proof of all the Customer’s transactions on the website. The data recorded by the payment system is proof of financial transactions.

Order forms and invoices are stored on a reliable, durable server and shall be produced as evidence.

 

8. Processing orders

Orders are processed from Monday to Friday, except on public holidays. Parcels are dispatched from Belgium within a period of 1 to 15 working days following the payment of the order unless prevented by an act of God.
The Vendor shall not be held liable for any late or non-delivery due to an act of God or an event beyond its control which may make performance of the contract impossible or more costly, in part or in whole, or due to the acts of third parties such as the suppliers to the parties to this agreement, subcontractors, agents and representatives, or if the Customer fails to fulfil his/her commitments. Acts of God which release the Vendor from its duty to deliver the goods are war, riot, fire, strikes, accidents and the impossibility of obtaining supplies. The Vendor shall keep the buyer informed in good time of the abovementioned events or incidents.

Timely delivery of products shall only take place if the Customer has fulfilled his/her obligations to the Vendor. The lead times stated in the order or the order summary are given in good faith as an estimate only. The lead times are not in themselves an essential condition of the contract and the Vendor shall not be required to make any compensation whatsoever or to pay interest in the event of late performance of its duties.

The Vendor reserves the right to entrust some services to third parties, employees or agents working under its responsibility within the limits provided by the law and regulations on accreditation.
The products bought on the website https:louloupti.com shall be sent to the shipping address supplied by the Customer. The Vendor shall not be held liable for the consequences of any errors made by the Customer at the time of ordering.

The Vendor shall not be held liable for the non-performance of the contract in the event of acts of God, disturbances, or partial or total strikes, in particular relating to any means of transport or carrier services.
A detailed delivery note corresponding to the order, drawn up in the name of the Customer, shall be enclosed with the order.

Return of products shall be accepted only for defects in quality. In that case, customers are requested to send an email to the customer services department at sweet@louloupti.com accompanied by photos of the product as well as its packaging. Return of products is only permissible 7 working days after the package has been received.

 

9. Absence of the right of retraction

In accordance with article VI.53 of the law of 21 December 2013 and article 47 § 4 6° of the law of 6 April 2010 on market practices and consumer protection, the right of retraction does not apply to contracts made through the website https://louloupti.com

 

10. Availability

Offers of sale are subject to the availability of products. If a product proves to be unavailable after the order has been validated, the Vendor undertakes to inform the Customer as soon as possible by email or telephone. The Customer may then request the cancellation of the order. When reimbursement is complete, the amount shall be credited to the Customer’s credit card account within thirty days of cancellation.

 

11. Intellectual property

All text, comments, illustrations and images reproduced on our website are copyright. All rights are reserved. Any reproduction in part or in full without the Vendor’s consent is prohibited. Ordering does not entail the transfer or granting of intellectual property rights unless expressly stated.

 

12. Liability

The products on offer comply with the Belgian and European laws in force. The Vendor cannot be held liable if it has performed its services in accordance with these regulations.
The Vendor cannot be held liable for anything but fraud or gross negligence towards the Customer committed by the Vendor or its employees or agents.

The Vendor shall not be liable for any indirect loss due to this contract, loss of business, loss of profit, loss of opportunity, loss of production, loss of activities, loss of clientele, damage to reputation, damages or costs, and this list is not exhaustive.
Any complaints must be sent without delay by email addressed to sweet@louloupti.com or by post addressed to the Vendor, whose address is given in Article 1 of these general terms and conditions. If it transpires within thirty days following the receipt of the complaint that the Vendor has failed in the performance of its obligations, it shall then make a new delivery of the products concerned by the complaint, at its own expense.

 

13. Transfer of ownership

Candy Shop The Candygraphy keeps full ownership of the products sold until the total amount due by the Customer for that order has been received. The transfer of ownership of goods bought from Candy Shop The Candygraphy by the Customer to a third party falls outside the scope of this contract. Only the Customer who originally bought those goods may claim to agree to the clauses of the present terms and conditions of sale.

 

14. Protection of privacy

The supply of personal information for online sales is compulsory because it is needed for order processing and shipping and for invoicing. This information is strictly confidential. Failure to supply information entails the automatic rejection of the order.
The Vendor undertakes not to divulge the information supplied by its Customers to any third parties. It shall be used solely for the purposes of internal management, that is, to manage orders, invoicing, service, solvency, marketing or personalised advertising, without this list being exhaustive.

It may however be given to organisations under contract to the Vendor, for their own commercial prospecting.
Visitors who wish to do so are entitled to oppose the use of their data for personalised marketing, by simple request and free of charge.

The Vendor undertakes to respect the principles of the Belgian law of 8 December 1992 on the protection of privacy with respect to the processing of personal data. A Customer who has placed an order on the Vendor’s site may at any time consult, correct or delete the personal data that the

Vendor has recorded about him/her by sending an email to sweet@louloupti.com or a letter to the address given in Article 1 of the present terms and conditions.

 

15. Enforceability of the general terms and conditions

Any order made by the Customer and all deliveries made by the Vendor imply full and unconditional acceptance by the Customer of the present terms and conditions of sale to the exclusion of any other documents such as the Customer’s own general terms and conditions, or any brochure, catalogue, etc, which are only to be taken as a guideline.
The parties expressly agree that the present general terms and conditions apply to their commercial relations, unless otherwise provided in writing. The express waiver of one of the general or particular terms or conditions does not affect the application of the other general or particular clauses.
The cancellation or inapplicability of one of the clauses of the general or particular terms and conditions has no effect on the whole of the other provisions in the general and particular terms and conditions, which remain valid and applicable.
The fact that the Customer has not received the present general terms and conditions in his/her native language does not exempt him/her from applying them.
The ordering of any product proposed on the site supposes the reading and express acceptance of the present general terms and conditions, and this acceptance does not require the Customer’s handwritten signature.
The validation of the order form by the Vendor constitutes an electronic signature, equivalent to a handwritten signature, confirming that the order is complete and that the sum due for fulfilling that order is payable.
The Vendor reserves the right to change its general terms and conditions without personally informing the Customer and without the Customer being entitled to claim any compensation whatsoever. It is incumbent on the Customer to check periodically whether or not changes have been made. The Customer may copy or print the present general terms and conditions of sale as long as s/he does not alter them.

 

16. Applicable law and disputes

The present contract is governed by Belgian law.
Any complaints must first be registered with our customer service department using the email sweet@louloupti.com.The Customer should first contact the Vendor with a view to obtaining an amicable solution.
Any disputes shall be settled under Belgian law by the Brussels courts, which have sole jurisdiction unless there is a mandatory statutory provision to the contrary.

 

 

PRIVACY PROTECTION

 

Benjamin Loyauté society is committed to protecting any personal information that may be collected when you visit our site. This information will be processed in compliance with the Belgian law of 8 December 1992 and according to our privacy policy.

 

APPLICABLE LAW AND COMPETENT COURT

Any dispute related to Benjamin Loyauté society websites is governed by Belgian law. Courts of Nivelles are the only competent courts and tribunals.
In case of dispute, a printed version of the conditions of use and of any annexed document provided in electronic format will be accepted in any judicial, extra-judicial or administrative procedure.

Confidentiality and personal data policy

Personal data (such as your family name, first name and e-mail address) which you provide via this Website are kept in the files of the company Benjamin Loyauté, B.P 19 1180 Uccle Vanderkindere, Belgique. Your personal data will always be handled in keeping with the personal data protection rules and regulations applicable in Belgium and in the European Union.

Collection of personal data
When you make use of our Website and place an order through it, you accept that your personal data is used in keeping with our confidentiality policy. This confidentiality policy also applies every time you transmit personal data to us.

Your personal data are collected when:
– you visit the Website
– you place an order through the online shop of the Website
– you contact our customer service or our press service, you ask for a company catalogue, you ask to be called back in relation to an event or business collaboration
– you communicate your personal data via the Website or any other way
Please note that your personal data may also be collected through the use of Cookies.

Type of data collected

The following data can be collected through the Website in the context of how we manage our services:
– your IP address
– your first name and family name

– your e-mail address
– invoicing and delivery address
– the personal data of the persons to whom you wish to send our creations (Family name, first name, e-mail address, delivery address…)
– your telephone number
– your company’s name.
Framework for use of personal data
Your personal data may be used to:
– process your customer orders
– respond to your questions as part of our customer service, a B2B request or a press inquiry

– analyse your use of the Website and how you react to our marketing campaigns with a view to improving the products and services we offer
– send you commercial information and offers in relation to new or existing The Candygraphy

products and services
– propose a personalised service and offers to you by e-mail, telephone or via the website
– send you our newsletters if you have subscribed (you can unsubscribe at any moment by clicking on the link at the bottom of each newsletter)
Transmission of personal data
Your personal data may be transmitted:
– to the different companies making up the Benjamin Loyauté society which may use your personal data to send you commercial information and offers
– to some of our service providers such as, Stripe, who help us process your orders, deliver your parcels, process your payments, send you commercial information and offers and analyse your use of our Website (our service providers also have to respect personal data protection legislation in force)
Your rights
You may ask for your personal data to be deleted. This does not cover any data stored for administrative, legal or security purposes. You can let us know by mail at the following address: The Candygraphy Factory B.P 19 1180 Uccle Vanderkindere, Belgique.

Security of your data

We have the appropriate technical and organisational security measures in place to protect your personal data from being destroyed accidentally, unlawfully or without authorisation and from being lost, changed, accessed, disseminated or used. However, the inherent nature of the internet is such that we cannot guarantee that the communication between you and the Company or the personal data stored are fully secure. We will inform you of any data breach which is likely to have negative consequences for your private life in keeping with the applicable law.

Storage of your personal data

All of the personal data linked to the processing of orders through the online store of the Website are retained for a period of 6 years. For data in relation to data subjects who are not customers this period is 3 years from the last active contact with the Company.
In general, your personal data will be retained for as long you make use of the Website or until you have deleted your account. Please note that once you have deleted your account, your comments / remarks may be retained by the Website. If you wish to delete this information, please get in touch with us at the address above.
Update of our confidentiality policy
We reserve the right to change our confidentiality policy. All of the changes enter into force from the date of publication, unless stated otherwise.

Any Personal Information collected by us in the European Union (“EU”) countries and transferred to the United States is subject to EU Data Directive 95/46/EC on the Protection of Individuals with regard to the Processing of Personal Data (the “EU Data Directive”).

 

Cookies

This Website uses cookies. Cookies are small files sent by the server hosting a website to the hard drive on your computer when you visit that website. The code in the cookie recognises the computer during subsequent visits and speeds up browsing on the Website.

Cookies store your language preferences, so that the Website will immediately be displayed in your preferred language the next time you visit. Cookies do not contain identifiable personal information. Therefore it is not possible to identify an individual using these cookies.

If you do not want to receive cookies, you can configure your browser to block them.

If you do not change your browser settings and continue to use our Website after reading the information banner available on the Website, we will assume that you agree to us storing cookies on your device.

It is up to you whether you let us store cookies or not, but if you choose to disable cookies by changing your browser settings, the Website and its content may not function in the same way and will not produce the same personalised user experience. If you delete all your cookies, you will have to update your preferences on the Website. If you use a different device, profile or browser, you will have to re-enter your preferences.

You will find more information on cookies at the following links: www.allaboutcookies.org and www.youronlinechoices.eu.

The Company stores information about your connection to our website and the software you use to connect. This information includes your IP address, the time of your visit, the type of browser you use and the pages that you visit.

This data is kept for one year. It is used to generate anonymous statistics and to improve the quality of our Website and our service on the basis of an analysis of your user habits. The Company may transmit this data to the competent judicial authorities on their request or under its obligation to notify the crown prosecutor of any illegal content. When required, the judicial authorities may identify you on the basis of your IP address through your Internet access provider.