Terms of service

Overview

Welcome to Las Noche. In these Terms of Service, "we", "us", and "our" mean Las Noche, a trading name of Soleuma Ltd. "You" means the person using our online store or buying from us.

Las Noche operates this store and website, including all related content, features, tools, and products (the "Services"). The store is powered by Shopify.

These Terms of Service, together with the policies linked in them, set out the rules for using the Services. Please read them carefully. They include important information about your rights, our liability, and how disputes are handled.

By visiting or using the Services, you agree to these Terms of Service and our Privacy Policy. If you don't agree, please don't use the Services.

1. Access and account

By agreeing to these Terms, you confirm that you are at least the age of majority in the State or Territory where you live, or that you have the consent of a parent or guardian.

To buy from us you may need to give information such as your name, email, and billing, payment, and shipping details. You agree that this information is true, current, and complete, and that you're allowed to provide it.

You are responsible for keeping your account details secure and for activity on your account. You may not sell, transfer, or licence your account to anyone else.

2. Our products

We do our best to show our products accurately. Even so, colours and finishes can look different on your screen depending on your device. We don't guarantee that a product's appearance on screen will exactly match the item you receive.

Our products are low-voltage, USB-C rechargeable lamps made for ordinary indoor home use. Please charge and use them following the instructions included with the product. They are not intended for commercial, outdoor, or industrial use unless the product page says otherwise.

Product descriptions, prices, and availability can change at any time without notice. We may limit the quantity of any product we sell to a person, region, or country, and we may stop selling a product at any time.

3. Orders

When you place an order, you are making an offer to buy. We may accept or decline any order. Your order is accepted when we send you an order confirmation, and we need to have received your payment first.

Please check your order before you submit it. We may not be able to change or cancel an order once it has been accepted. If we decline or cancel an order, we'll try to contact you using the details you gave us, and we'll refund any payment taken for that order.

Returns and exchanges are handled under our Return and Refund Policy.

You confirm that what you buy is for your own personal or household use, not for resale or export.

4. Prices and billing

All prices are in Australian dollars (AUD). The price that applies is the one shown when you place your order, and it will be set out in your order confirmation email. Unless we say otherwise, prices don't include shipping, which is shown separately at checkout.

Promotions and discounts can change or end at any time. If a promotion has its own terms and they differ from these Terms, the promotion's terms apply to that promotion.

You confirm that the payment details you give us are true and that you are authorised to use the payment method.

5. Shipping and delivery

Delivery times shown on the Services or at checkout are estimates only and are not guaranteed. We are not responsible for delays caused by carriers, customs, weather, or other events outside our control.

Risk of loss or damage to the products passes to you when we hand them to the carrier. More detail is in our Shipping Policy.

6. Intellectual property

The Services, including text, images, graphics, layout, and the Las Noche name and branding, belong to Soleuma Ltd or its licensors and are protected by law. You may use the Services for your own personal, non-commercial use only. You may not copy, reproduce, republish, or distribute any part of the Services without our written permission.

"Las Noche" and our logos are trademarks of Soleuma Ltd. Shopify's name and logos are trademarks of Shopify. Other names and logos on the Services belong to their owners.

7. Third-party tools and links

The Services may give you access to tools or content provided by third parties, and may link to other websites. We don't control these and provide them "as is", without any warranty or endorsement. If you use a third-party tool or visit a linked site, you do so at your own risk, and the third party's own terms and privacy practices apply. Any questions or complaints about a third party's products or services should go to that third party.

8. Relationship with Shopify

Our store is powered by Shopify. Your purchase is made with Las Noche, not with Shopify. You agree that Shopify is not responsible for any part of a sale between you and Las Noche, including any loss or damage connected with the products, and you release Shopify and its group from claims relating to your purchases from us.

9. Privacy

We handle personal information in line with our Privacy Policy. Because the store runs on Shopify, some information is also handled under Shopify's privacy policy. By using the Services you confirm you've read these.

10. Reviews and feedback

If you send us ideas, suggestions, reviews, or other feedback, you give us a perpetual, worldwide, royalty-free licence to use, copy, change, publish, and display that feedback for any purpose, including promoting the Services. You confirm that the feedback is yours to give, that it won't break these Terms or any law, and that you've disclosed any payment or incentive you received for a review. We don't have to publish, keep, or respond to feedback, and we may remove content we consider unlawful or objectionable.

11. Errors, inaccuracies, and omissions

Sometimes there may be errors on the Services relating to descriptions, pricing, promotions, shipping charges, delivery times, or availability. We may correct any error and change or cancel an affected order, even after it has been submitted, without prior notice.

12. Acceptable use

You may use the Services only for lawful purposes. You must not use them to break the law, infringe anyone's rights, harass or harm anyone, send spam, upload malware, impersonate others, collect other people's data, or interfere with the security or operation of the Services.

You also must not scrape or bulk-copy the Services, or bypass measures we use to control access. This does not stop legitimate search engines from crawling the store, or Shopify from operating it.

13. Automated agents

This section applies if you use or deploy an "Agent" to interact with the Services. An Agent is any software that acts on behalf of a person, automatically or semi-automatically, without direct supervision.

An Agent may only interact with the Services if it identifies itself as an Agent in its request headers and discloses its name. Agents must not conceal that they are automated, must not mimic human behaviour to avoid detection, must not solve or bypass CAPTCHAs or similar checks, must answer truthfully when asked whether interactions are automated, and must not evade measures we use to control automated access. We may block or limit any Agent.

14. Termination

We may end this agreement or suspend your access to the Services at any time, at our discretion. Amounts you already owe remain payable. Sections that by their nature should continue after termination will do so, including Intellectual property, Reviews and feedback, Disclaimer, Limitation of liability, Indemnity, and Governing law.

15. Australian Consumer Law

Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy you have under the Australian Consumer Law or any other law that cannot lawfully be excluded. Where our liability for failing to meet such a guarantee can be limited, it is limited, at our option, to resupplying the goods or paying the cost of resupply.

The sections below apply subject to this section.

16. Disclaimer

Except as stated by us or required by law, the Services and the products sold through them are provided "as is" and "as available", without warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We don't warrant that the Services will be uninterrupted, secure, or error-free. Information on the Services is general information only, and you rely on it at your own risk.

17. Limitation of liability

To the extent permitted by law, and subject to the Australian Consumer Law section above, Las Noche and Soleuma Ltd, and our officers, employees, and suppliers, are not liable for any indirect, incidental, special, or consequential loss, or for lost profits, revenue, savings, or data, arising from your use of the Services or any product bought through them, whether the claim is based in contract, negligence, or otherwise, even if we've been told such loss was possible.

18. Indemnity

You agree to cover our reasonable losses, including legal costs, arising from your breach of these Terms, your breach of any law or of someone else's rights, or your misuse of the Services.

19. General

If any part of these Terms is found to be unenforceable, that part is severed and the rest stays in force. If we don't enforce a right straight away, we don't lose it. These Terms and the policies referred to in them are the entire agreement between you and us about the Services. You may not transfer your rights under these Terms without our consent; we may transfer ours.

20. Governing law

These Terms are governed by the laws of England and Wales. If you are a consumer resident in Australia, you also have the benefit of the mandatory provisions of the law where you live, including the Australian Consumer Law, and you may bring proceedings in your local courts. Nothing in these Terms takes away those rights.

21. Changes to these Terms

You can always see the current version of these Terms on this page. We may update them by posting the new version here, and we'll note the date of the change. For material changes we'll give notice as required by law. If you keep using the Services after a change, you accept the updated Terms.