Terms & Conditons
For the avoidance of doubt any reference to “us” “we” or “our” in these Terms refers to SoulNight and any reference to “you” or “your” refers to the customer as a purchaser of the SoulNight products.
It is a condition of a user accessing and reading the SoulNight website (“the Website(s)”) that SoulNight disclaims all warranties in respect of the same whether express or implied in relation to the material published on the Website. Your statutory rights as a consumer are not affected.
These Terms will apply to any contract between us for the sale of products to yourself. Please read these Terms carefully and make sure that you understand them, before ordering any products from the Website. Before placing any order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any products from the Website.
We reserve the right to amend these Terms from time to time. Every time you wish to place an order you should check these Terms to ensure you understand the terms which will apply at that time.
Age of Consent
By placing an order on the Website, you declare that you are of the appropriate legal age to purchase the items. If we discover that you are not of legal age to order certain goods, we reserve the right to cancel your order.
All orders made by you through the Website are subject to acceptance and availability. We may choose not to accept your order for any reason.
Prices of products are correct at the time of entering information, however, we reserve the right to change prices without prior notice (although we will inform you if any such price change affects your order).
Only when SoulNight accepts the Order by sending you a confirmation email that your order has been dispatched will a contract have been created between yourself and SoulNight.
SoulNight takes data handling and processing very seriously, so that your information is held securely and used in a manner as authorised by yourself. As a minimum the relevant laws and regulations of your country shall apply to the way we handle and process your data.
SoulNight takes fraud very seriously and we do everything in our power to prevent fraud from occurring. If false or inaccurate information is provided and fraud is identified, details will be passed on to fraud prevention agencies.
SoulNight has fraud prevention software services that we use in order to prevent fraudulent purchases and practises, these are in place to protect both the customer and SoulNight.
Use Of Internet Bots
We only permit the use of low impact software applications that run automated scripts (internet bots) on the Websites which comply with our current bot policy and for which we have given permission (“Permitted Bots”). All other internet bots are unauthorised bots and are not permitted to be used on any of our Websites.
SoulNight employs sophisticated and best practise fraud and bot prevention solutions. Examples of unauthorised bots include those internet bots that use an excessive amount of hosting resources, automatically add items to basket without our prior consent, or impact the shopping user experience for other customers.
SoulNight reserves the right to block any unauthorised bots from our websites (either ourselves and/or through third parties such as security fraud prevention services), and to immediately suspend or close any accounts which we reasonably suspect of using unauthorised bots.
Users agree to indemnify us against all losses, costs and expenses that SoulNight incurs in connection with the breach of these rules relating to the use of internet bots on the Websites.
Any material found within the pages of the Websites, including, but not limited to text or images are the property of SoulNight and may not be copied, reproduced, republished, downloaded, posted, broadcast or transmitted in any way except for your own personal non-commercial use. You hereby agree not to adapt, alter or create any derivative work from any of the material contained in this site.
SoulNight provides the Website on an 'as is' basis and does not warrant that the functions contained in and the material on the Website will be uninterrupted, or error or defect free, or that the Website or the server that makes it available are free of viruses or bugs. Further SoulNight does not represent the full functionality, accuracy, reliability of the materials on the Website.
In addition, SoulNight makes no (and disclaims all) representations or warranties of any kind, express of implied, with respect to the Website or the information or content included on it. This disclaimer does not affect your statutory rights in relation to the provision of goods .
Use of SoulNight
SoulNight will not be liable for any use of the Website (including any ordering of products) that results in:
losses that were not foreseeable to both parties when the contract was made;
losses that were not caused by any breach on the part of the supplier;
business losses and/or losses to non consumers.
We do not in any way exclude or limit our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
(d) any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples; and
(e) defective products under the Consumer Protection Act 1987.
You agree to use the Website only for lawful purposes, and in a manner which does not infringe the rights of, or restrict or inhibit the use and enjoyment of this site by any third party, such restriction or inhibition includes, without limitation, conduct which is unlawful, or which may harass or cause distress or inconvenience to any person and the transmission of obscene or offensive content or disruption of normal flow of dialogue within the Website.
Submitting reviews, forum messages and photographs to SoulNight
You are the sole author of the intellectual property rights thereto:
all “moral rights” that you have have in such content have been voluntarily waived by you;
all content that you post is accurate;
you are at least 18 years old;
use of the content you supply does not violate these Terms and will not cause injury to any person or entity
You further agree and warrant that you shall not submit any content:
that is known by you to be false, inaccurate or misleading;
that infringes any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
that violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
that is, or may reasonably be considered to be, defamatory, libellous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation;
for which you were compensated or granted any consideration by any third party;
that includes any information that references other websites, addresses, email addresses, contact information or phone numbers;
that contains any computer viruses, worms or other potentially damaging computer programs or files.
You agree to indemnify and hold SoulNight and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers, including but not limited to Trust Pilot, harmless from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown including reasonable attorneys' fees, arising out of a breach of your representations and warranties set forth above, or your violation of any law or the rights of a third party. For any content that you submit, you grant SoulNight a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such content and/or incorporate such content into any form, medium or technology throughout the world without compensation to you.
All content that you submit may be used at SoulNight’s sole discretion. SoulNight reserves the right to change, condense or delete any content on the Websites that SoulNight deems, in its sole discretion, to violate the content guidelines or any other provision of these Terms. SoulNight does not guarantee that you will have any recourse through the Website to edit or delete any content you have submitted. Ratings and written comments are generally posted within two to four business days. However, SoulNight reserves the right to remove or to refuse to post any submission for any reason.
You acknowledge that you, not SoulNight, are responsible for the contents of your submission. None of the content that you submit shall be subject to any obligation of confidence on the part of SoulNight, its agents, subsidiaries, affiliates, partners or third party service providers and their respective directors, officers and employees.
By submitting your email address in connection with your rating and review, you agree that SoulNight and its third party service providers may use your email address to contact you about the status of your review and for other administrative purposes.
We may from time to time adjust the Points in your account upwards or downwards in respect to accounting errors, multiple accounts, refunds issued, products returned or suspected fraud, for which we have full authority.
US Sales Tax
In accordance with state and local law, your online purchase from SoulNight will be taxed using applicable sales tax or seller's use tax for your shipping address.
The amount of tax will be displayed during checkout once your billing or shipping address has been entered. The tax indicated is only an estimate and may change during the shopping session depending on a number of factors. However, you will have the opportunity to review the final price before the order is submitted.
The order confirmation page and email will reflect the final tax total.
As a convenience for Lovehoney customers, our website includes links to other websites or material which are beyond our control. SoulNight is not responsible for the content of external websites linked on the Websites.
These Terms are governed by the laws of England and Wales, save for the United States of America where the laws of New York State shall apply.
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by a force majeure event. A force majeure event which means any act or event beyond our reasonable control such as, but not limited to, strikes or industrial action by third parties (but not those caused by SoulNight’s own employees), civil commotion, riot, invasion, terrorist attacks, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic or other
Disclaimer of Liability
SoulNight makes no warranty, expressed or implied, as to the safety of any of our products. All of our products are sold as novelties only. Furthermore, we accept no responsibility for injuries sustained while using our products. The purchaser assumes all risk and liability of use for all our products.
18 U.S.C. 2257 Record-Keeping Requirements Compliance Statement
All models, actors, actresses and other persons that appear in any visual depiction of actual sexually explicit conduct appearing or otherwise contained in this Website were over the age of eighteen years at the time of the creation of such depictions. All other visual depictions displayed on this Website are exempt from the provision of 18 U.S.C. section 2257 and 28 C.F.R. 75 because said visual depictions do not consist of depictions of conduct as specifically listed in 18 U.S.C section 2256 (2) (A) through (D), but are merely depictions of non-sexually explicit nudity, or are depictions of simulated sexual conduct, or are otherwise exempt because the visual depictions were created prior to July 3, 1995. With respect to all visual depictions displayed on this website, whether of actual sexually explicit conduct, simulated sexual content or otherwise, all persons in said visual depictions were at least 18 years of age when said visual depictions were created.
The owners and operators of this Website are not the primary producer (as that term is defined in 18 USC section 2257) of any of the videos or streaming video content sold through or linked through this website.