Terms of service

TERMS OF SERVICE

OVERVIEW

Welcome to Lowlight! The terms "we", "us" and "our" refer to Lowlight. Lowlight operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the "Services"). Lowlight is powered by Shopify, which enables us to provide the Services to you.

The below terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms") describe your rights and responsibilities when you use the Services.

Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.

By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.


SECTION 1 — ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you represent that you are at least 18 years of age, or the age of majority in your country of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage.

To use the Services, including accessing or browsing our online store or purchasing any of the products we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all information you provide is correct, current and complete and that you have all rights necessary to provide this information.

You are solely responsible for maintaining the security of your account credentials and for all activity on your account. You may not transfer, sell, assign, or license your account to any other person.


SECTION 2 — OUR PRODUCTS

We have made every effort to provide an accurate representation of our products in our online store. However, colours or product appearance may differ from how they appear on your screen due to your device type, settings, and configuration. We do not warrant that the appearance or quality of any products purchased will meet your expectations or be identical to how they are depicted in our store.

All product descriptions are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit quantities available to any person, geographic region, or jurisdiction.


SECTION 3 — ORDERS

When you place an order, you are making an offer to purchase. Lowlight reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until Lowlight confirms acceptance. We must receive and process your payment before your order is accepted.

Please review your order carefully before submitting, as Lowlight may be unable to accommodate cancellation requests once an order is accepted. In the event that we do not accept, amend, or cancel an order, we will attempt to notify you using the contact details provided at the time of purchase.

Your purchases are subject to return or exchange solely in accordance with our Refund Policy.


SECTION 4 — PRICES AND BILLING

Prices, discounts and promotions are subject to change without notice. The price charged for a product will be the price in effect at the time the order is placed and will be confirmed in your order confirmation email. Unless otherwise stated, posted prices do not include shipping, handling, customs, or import charges.

We may offer promotions from time to time that affect pricing and are governed by separate terms. Where there is a conflict between promotion terms and these Terms, the promotion terms will govern.

You agree to provide current, complete and accurate payment information for all purchases. You agree to promptly update your account information, including your email address and payment details, so that we can complete your transactions and contact you as needed.

You represent and warrant that (i) the payment information you provide is true, correct and complete, (ii) you are authorised to use the payment method provided, (iii) charges incurred will be honoured by your payment provider, and (iv) you will pay all charges incurred at the posted prices, including applicable shipping and handling charges.


SECTION 5 — SHIPPING AND DELIVERY

We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, or events outside our control. Once we transfer products to the carrier, risk of loss passes to you.


SECTION 6 — INTELLECTUAL PROPERTY

Our Services, including all trademarks, brands, text, displays, images, graphics, product content, video, and audio, and the design, selection and arrangement thereof, are owned by Lowlight or its licensors and are protected by copyright and other applicable intellectual property laws.

These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, republish, download, store, or transmit any material from the Services without our prior written consent. Unauthorised use of the Services may constitute a violation of applicable intellectual property laws. All rights not expressly granted herein are reserved by Lowlight.

Lowlight's name, logo, product and service names, designs and slogans are trademarks of Lowlight. You must not use such trademarks without our prior written permission. Shopify's name, logo, product and service names, designs and slogans are trademarks of Shopify. All other names, logos and trademarks on the Services belong to their respective owners.


SECTION 7 — OPTIONAL TOOLS

You may be provided with access to third-party tools as part of the Services, which we neither monitor nor have any control over. We provide access to such tools "as is" and "as available" without any warranties, representations or conditions of any kind. We shall have no liability arising from or relating to your use of optional third-party tools. Any use of such tools is entirely at your own risk and discretion.


SECTION 8 — THIRD-PARTY LINKS

The Services may contain links to third-party websites or embedded third-party content. We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites. If you leave our Services to access third-party sites, you do so at your own risk. We are not liable for any harm or damages related to your access or use of any third-party websites, products, or services.


SECTION 9 — RELATIONSHIP WITH SHOPIFY

Lowlight is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our store are made directly with Lowlight. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Lowlight, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Lowlight.


SECTION 10 — PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy. By using the Services, you acknowledge that you have read and understood our Privacy Policy. Because the Services are hosted by Shopify, Shopify also collects and processes certain personal information in order to provide and improve the Services. Information you submit may be shared with Shopify and third parties in order to fulfil your orders and provide our services to you.


SECTION 11 — FEEDBACK

If you submit any ideas, suggestions, feedback, or reviews (collectively "Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free licence to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including commercial use.

You represent and warrant that (i) you own or have all necessary rights to your Feedback, (ii) you have disclosed any compensation or incentives received in connection with your Feedback, and (iii) your Feedback complies with these Terms. We are under no obligation to maintain your Feedback in confidence, pay compensation for it, or respond to it.

You agree that your Feedback will not violate any third-party rights or contain unlawful, abusive, or obscene content. You are solely responsible for any Feedback you submit and its accuracy.


SECTION 12 — ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on the Services that contains typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, shipping charges, or availability. We reserve the right to correct any such errors and to change or update information or cancel orders where any information is found to be inaccurate, at any time and without prior notice.


SECTION 13 — PROHIBITED USES

You may access and use the Services for lawful purposes only. You may not use the Services: (a) for any unlawful or malicious purpose; (b) to violate any applicable laws or regulations; (c) to infringe upon our intellectual property rights or those of others; (d) to harass, abuse, harm, defame, or intimidate any person; (e) to transmit false or misleading information; (f) to send unsolicited advertising or promotional material; (g) to impersonate any person or entity; or (h) to engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Services.

You also agree not to: (a) upload or transmit viruses or malicious code; (b) reproduce, duplicate, copy, or resell any portion of the Services; (c) collect or track the personal information of others; (d) use any automated tools, scrapers, bots, or AI agents to access the Services; or (e) interfere with or circumvent any security or authorisation features of the Services. We reserve the right to suspend or terminate your account at any time if we determine you have violated any part of these Terms.


SECTION 14 — AGENTS

14.1 This section applies if you use, allow, enable, or cause the deployment of an Agent to access, use, or interact with any Services. "Agent" means any software or service that takes autonomous or semi-autonomous action on behalf of any person or entity without direct supervision.

14.2 No Agent may access, use, or interact with the Services unless it identifies itself and operates in strict accordance with the requirements in section 14.4 below, and provided we have not requested that the Agent refrain from accessing the Services.

14.3 We may limit, including by technical measures, whether and how any Agent accesses or interacts with the Services.

14.4 Agents must: (i) identify that requests are from an Agent and disclose the Agent's name in the HTTP/HTTPS user agent string using the format "Agent/[agent name]"; (ii) not conceal or obfuscate that interactions are from an Agent; (iii) respond truthfully to any prompt seeking to determine if interactions are from a human or a computer; (iv) not circumvent any measure intended to block, limit, or control Agent access to the Services.


SECTION 15 — TERMINATION

We may terminate this agreement or your access to the Services at any time without notice, at our sole discretion. You will remain liable for all amounts due up to and including the date of termination. The following sections will continue to apply following termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.


SECTION 16 — DISCLAIMER OF WARRANTIES

THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED 'AS IS' AND 'AS AVAILABLE' WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE ABOVE MAY NOT APPLY TO YOU IN FULL.


SECTION 17 — LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, LOWLIGHT, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING LOST PROFITS, LOST REVENUE, LOSS OF DATA, OR REPLACEMENT COSTS, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF THE SERVICES OR ANY PRODUCTS PURCHASED THROUGH THE SERVICES.


SECTION 18 — INDEMNIFICATION

You agree to indemnify, defend and hold harmless Lowlight, Shopify, and our affiliates, partners, officers, directors, employees, agents, and service providers from any losses, damages, liabilities or claims, including reasonable legal fees, arising out of (1) your breach of these Terms, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services.


SECTION 19 — SEVERABILITY

If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision shall be enforced to the fullest extent permitted by applicable law, and the remainder of these Terms shall continue in full force and effect.


SECTION 20 — WAIVER; ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. These Terms, together with any policies posted on our site, constitute the entire agreement between you and us regarding your use of the Services and supersede all prior agreements and understandings.


SECTION 21 — ASSIGNMENT

You may not transfer or assign this agreement or any of your rights under these Terms without our prior written consent. We may transfer or assign these Terms and our rights and obligations without notice to you.


SECTION 22 — GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of England and Wales. You and Lowlight agree to submit to the exclusive jurisdiction of the courts of England and Wales.


SECTION 23 — HEADINGS

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.


SECTION 24 — CHANGES TO TERMS OF SERVICE

We reserve the right to update, change, or replace any part of these Terms at any time by posting updates to our website. It is your responsibility to check this page periodically for changes. We will notify you of any material changes in accordance with applicable law. Your continued use of the Services following any changes constitutes your acceptance of the updated Terms.


SECTION 25 — CONTACT INFORMATION

Questions about these Terms of Service should be sent to us at:

Lowlight Unit 203, CUBIX 5 Oaks Court, Warwick Road Borehamwood WD6 1GS

hello@lowlightcafe.co.uk