Terms of service

Terms of Service

Overview

Welcome to Late Night Desires.

Throughout this website, the terms “we”, “us” and “our” refer to Late Night Desires. We operate this online store and website, including all related information, content, features, tools, products and services, to provide you with an online shopping experience.

Our store is hosted by Shopify, which provides us with the online e-commerce platform that allows us to sell our products to you.

These Terms of Service, together with our Privacy Policy, Return & Refund Policy, Shipping Policy and any other policies referred to on this website, set out the terms and conditions that apply when you use our website or purchase products from us.

Please read these Terms carefully before using our website or placing an order. By accessing or using our website, you agree to be bound by these Terms. If you do not agree with them, please do not use our website.

Nothing in these Terms affects your statutory rights as a consumer.

1. About Us

This website is operated by:

[TRADING NAME]
[BUSINESS ADDRESS]
[TOWN/CITY]
[POSTCODE]
United Kingdom

Email: [BUSINESS EMAIL]
Telephone: [BUSINESS PHONE, IF APPLICABLE]

Business registration number: [IF APPLICABLE]
VAT number: [IF VAT REGISTERED]

2. Using Our Website

You may use our website only for lawful purposes.

You agree not to use our website:

  • In breach of any applicable law or regulation;

  • To interfere with the operation or security of the website;

  • To attempt to gain unauthorised access to our systems or accounts;

  • To introduce viruses, malware or other harmful material;

  • To use the website for fraudulent purposes;

  • To copy, reproduce or commercially exploit our website content without our permission.

You must provide accurate information when placing an order or creating an account and must keep any account information you provide up to date.

3. Our Products

We sell women's lingerie, underwear, intimate apparel and related products through our website. Other items and lines will be added.

We make reasonable efforts to ensure that product descriptions, photographs, colours, sizes and other information are accurate. However, colours may appear differently depending on your device, screen settings and other factors.

Product images are provided for illustrative purposes. Where appropriate, product photographs may show styling, accessories or other items that are not included with the product being purchased. Please refer to the product description for details of what is included.

We reserve the right to update product descriptions, specifications and availability where reasonably necessary.

Nothing in this section affects your statutory rights regarding products that are faulty, not as described or otherwise fail to meet the requirements of applicable consumer law.

4. Product Availability

All products are subject to availability.

If a product becomes unavailable after you have placed an order, we will contact you and may offer you an alternative, or provide a refund where appropriate.

We reserve the right to discontinue products or limit quantities where reasonably necessary.

5. Placing an Order

When you place an order through our website, you are making an offer to purchase the products in your order.

After placing your order, you will normally receive an order confirmation by email acknowledging that we have received your order. This does not necessarily mean that your order has been accepted.

A contract between you and us will normally be formed when we confirm that your order has been accepted and/or dispatch the products to you.

If we are unable to accept your order, we will contact you and refund any payment that you have already made.

We may decline or cancel an order where, for example:

  • The product is unavailable;

  • There is an obvious pricing or product description error;

  • We reasonably suspect fraudulent or unlawful activity;

  • We are unable to fulfil the order;

  • There has been an error with your order information.

If we cancel an order after payment has been taken, we will provide an appropriate refund.

6. Cancelling or Changing an Order

If you wish to cancel or change an order, please contact us as soon as possible using the contact details provided on our website.

We will try to accommodate requests made before an order has been processed or dispatched, but we cannot guarantee that a cancellation or change will be possible once processing or fulfilment has begun.

This does not affect any statutory cancellation rights you may have.

7. Prices and Payment

All prices displayed on our website are in British pounds (£) unless otherwise stated.

The price payable for a product will be the price displayed at the time you place your order, subject to obvious errors.

Where applicable, prices will include VAT in accordance with UK tax requirements.

Any delivery charges will be displayed before you complete your purchase.

We accept the payment methods displayed at checkout. Payment must be successfully authorised before an order can be processed.

We reserve the right to correct genuine pricing or product information errors. If an obvious error has resulted in an incorrect price being displayed, we will contact you before fulfilling the order and give you the opportunity to confirm whether you wish to proceed at the correct price.

8. Delivery

We use third-party fulfilment and delivery providers to process and deliver orders.

As a dropshipping retailer, products will be dispatched directly from one of our fulfilment or supplier partners rather than from our own premises.

Estimated delivery times are provided on our website and/or at checkout. Delivery times are estimates and may vary depending on the destination, fulfilment location, carrier, customs processing and other circumstances.

We will take reasonable steps to ensure that your order is delivered within the applicable delivery period.

If your order is significantly delayed, lost or otherwise fails to arrive, please contact us so that we can investigate the matter with the relevant delivery provider and take appropriate action.

Nothing in these Terms limits your rights where goods are not delivered within the period required by applicable consumer law.

9. Returns and Refunds

Our Return & Refund Policy explains how returns, refunds and cancellations are handled.

Please read our Return & Refund Policy before purchasing.

Where you have a statutory right to cancel an order or return goods, nothing in our policies is intended to remove or restrict that right.

Because we sell lingerie and intimate apparel, certain products may be subject to hygiene-related return restrictions where permitted by law. Further information is provided in our Return & Refund Policy.

10. Faulty, Damaged or Incorrect Products

You have legal rights if a product is faulty, damaged, not as described, not fit for its intended purpose or otherwise does not conform to your statutory consumer rights.

If you receive an item that is damaged, defective, faulty or incorrect, please contact us as soon as reasonably possible.

We may ask you to provide photographs or other information to help us investigate the problem.

Where a product is faulty or otherwise fails to meet your legal rights, we will provide an appropriate remedy in accordance with applicable UK consumer law.

11. Lingerie and Hygiene

For hygiene reasons, certain lingerie and intimate apparel products may not be eligible for return after they have been worn or after a protective hygiene seal or packaging has been removed, where applicable law permits such an exclusion.

This does not affect your rights in relation to faulty, damaged, incorrectly supplied or misdescribed products.

Please check product descriptions carefully for any specific hygiene or packaging requirements before purchasing.

12. Third-Party Services

Our website may use services provided by third parties, including Shopify, payment providers, delivery companies, fulfilment providers, analytics services and other service providers.

These services may be necessary for us to operate the website and process your orders.

Where third-party services process your personal information, this will be handled in accordance with our Privacy Policy and applicable data protection law.

13. Third-Party Websites and Links

Our website may contain links to websites or services operated by third parties.

These links are provided for convenience. We are not responsible for the content, availability, security or privacy practices of third-party websites.

If you choose to access a third-party website, you do so at your own risk and should review that website's own terms and privacy policy.

14. Intellectual Property

Unless otherwise stated, the content of this website, including text, photographs, graphics, logos, designs, product descriptions and other materials, belongs to us or our licensors and is protected by applicable intellectual property laws.

You may view and use the website for your personal, non-commercial shopping purposes.

You must not reproduce, copy, distribute, modify, publish, sell or commercially exploit our website content without our prior written permission, except where permitted by law.

All trademarks, logos and brand names displayed on this website remain the property of their respective owners.

15. Customer Reviews and Feedback

If you submit a review, comment, photograph, suggestion or other feedback to us, you confirm that you have the right to provide that content and that it does not infringe another person's rights or break the law.

By submitting content to us, you grant us a non-exclusive, worldwide, royalty-free licence to use, reproduce, publish and display that content for purposes connected with operating and promoting our business.

We reserve the right to remove content that we reasonably believe is unlawful, misleading, abusive, defamatory, obscene, offensive or otherwise inappropriate.

We do not guarantee that customer reviews or other user-generated content will be published.

16. Website Accuracy and Availability

We make reasonable efforts to keep the information on our website accurate and up to date.

However, we cannot guarantee that the website will always be free from errors, omissions or interruptions.

We may temporarily suspend, modify or withdraw parts of the website where reasonably necessary for maintenance, security, technical issues or other operational reasons.

Nothing in these Terms excludes liability that cannot legally be excluded.

17. Our Liability

We do not exclude or limit liability where doing so would be unlawful.

This includes liability for:

  • Death or personal injury caused by our negligence;

  • Fraud or fraudulent misrepresentation;

  • Breach of your statutory consumer rights;

  • Liability that cannot legally be excluded or limited.

Subject to the above, we are responsible for losses that are a foreseeable result of our breach of these Terms or our failure to use reasonable care and skill.

We are not responsible for losses that are not reasonably foreseeable or that arise from circumstances outside our reasonable control, subject always to your statutory rights.

Nothing in these Terms affects your legal rights as a consumer.

18. Events Outside Our Control

We will not be responsible for delays or failures caused by circumstances beyond our reasonable control, such as natural disasters, severe weather, strikes, disruption to transport networks, failures of telecommunications or internet services, government action or other events that could not reasonably have been anticipated or prevented.

Where such an event affects an order, we will take reasonable steps to minimise the impact and keep you informed where appropriate.

19. Privacy

We collect and use personal information in accordance with our Privacy Policy.

When you place an order, we may need to share relevant information with payment processors, fulfilment partners, delivery companies and other service providers so that we can process and deliver your order.

Further information about how your personal information is collected, used and protected is provided in our Privacy Policy.

20. Suspension or Termination

We reserve the right to suspend or restrict access to our website where reasonably necessary, including where we suspect fraudulent, unlawful or abusive activity.

If you have already placed an order, any suspension or termination of your access to the website will not remove any rights or obligations that have already arisen in relation to that order.

Your statutory consumer rights remain unaffected.

21. Changes to These Terms

We may update these Terms from time to time to reflect changes to our business, website, products, services or legal requirements.

The latest version will be displayed on this page.

Where appropriate, we will notify customers of significant changes in accordance with applicable law.

The Terms applying to an order will normally be those in force when you place that order.

22. Governing Law

These Terms and any contract between you and us are governed by the laws of England and Wales.

If you are a consumer, you will also retain any mandatory protections and rights provided to you under the laws that apply to your circumstances.

If you live in Scotland or Northern Ireland, this does not prevent you from relying on any mandatory consumer rights available to you under the applicable law.

23. Severability

If any provision of these Terms is found to be unlawful, invalid or unenforceable, that provision will be treated as removed or limited to the minimum extent necessary.

The remaining provisions will continue to apply.

24. Entire Agreement

These Terms, together with our Privacy Policy, Return & Refund Policy, Shipping Policy and any other policies expressly referred to on our website, form the terms governing your use of our website and your purchases from us.

Nothing in these Terms is intended to exclude or restrict any consumer rights that cannot legally be excluded or restricted.

25. Contact Us

If you have any questions about these Terms, our products or your order, please contact us:

[TRADING NAME]
[BUSINESS ADDRESS]
[TOWN/CITY]
[POSTCODE]
United Kingdom

Email: [BUSINESS EMAIL]
Telephone: [BUSINESS PHONE, IF APPLICABLE]

Business registration number: [IF APPLICABLE]
VAT number: [IF VAT REGISTERED]