Terms of Service

LEGAL TERMS OF SERVICE

The Midnight Society®, LLC is the sole owner of this website. “The Midnight Society” and “Sun Logo” are a Registered Trademark of The Midnight Society®, LLC, and any unauthorized use is strictly prohibited. Any unauthorized use is subject to legal action. Such authorized parties may use the Sun Logo / "The Midnight Society" only as specified in their agreement with The Midnight Society® and any associated guidelines and such use must always be in conjunction with the appropriate terms that define the relationship authorized by their contract with The Midnight Society®.

“The Midnight Society” name, Sun Logo, or any other graphic symbol, logo, icon, or image owned by The Midnight Society® may not appear in any publications without written permission from The Midnight Society®. This includes any and all works of art by us or any of our collaborative artists. Any unauthorized use is subject to legal action.  Various graphic symbols, logos, icons, or images not designed by The Midnight Society are appropriately licensed, royalty free, or used with permission from the owner directly.

This website is operated by The Midnight Society®, LLC. Throughout the site, the terms “we”, “us” and “our” refer to The Midnight Society®. The Midnight Society® offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

SHIPPING TERMS OF SERVICE

The Midnight Society®, LLC is not liable for any lost, missing, or stolen merchandise purchased. If you feel your purchased product is defective in anyway, please provide photographic evidence, and email us within 14 days. We will consider your inquiry and work with you from there. All products are thoroughly examined before shipment, and The Midnight Society® is not liable for any damaged items during or after carrier transit.

We have no control over the United States Postal Service. If your package is delayed, or has been at a location that is not your delivery address for more than 10 business days, please contact your local Post Office. If your package has been marked as Delivered, but is not in your possession for whatever reason, there is absolutely nothing we as a company can do, as we have to put trust into the United States Postal Service at that point.

International Orders may be subject to import duties and taxes which are levied once the parcel reaches your country. You are responsible for paying additional charges for customs clearance. Under no circumstances will we falsify a shipments weight or it's contents value. After shipments have left the United States successfully, International Orders can no longer be refunded or replaced. If a Discount Code is used at Checkout, please be advised that all customs forms will state the contents true value before any Discount Code is used. Please be advised that depending on your country, tracking information may cease in the U.S. and not be updated beyond a certain checkpoint.

If your package is unable to be delivered for any reason (ex. insufficient information, failure to receive, unpaid customs, ect.), and is returned to us it is your responsibility to contact us regarding the order. We are not responsible for any shipping fees required for redelivery, and will not refund any shipping fees paid. We will hold your order for 30 days. If you have neglected to contact us about an undelivered package once 30 days has passed your order will be marked as ‘Abandoned’ and returned to our regular inventory without refund. 

PO Box will only be examined for undelivered products on the 1st of every month, and held for 30 days unless we are notified in advance.

SHIPPING TIME FRAME

USA: 5 to 7 Business Days
International: 10 to 21 Business Days

We typically ship out twice a week. We will notify you to any delays on our Social Media.

NOTE: Products may have an extended shipping time due to being a "made to order" product that we do not keep stock of in house. These products will have a notice in the description explaining their extended turn around time.

NOTE: We DO NOT guarantee expected shipment dates during the Holiday Season. We will not post on any Social Media about a final date in order to expect your package.

PRIVACY

The Midnight Society®, LLC under no circumstances will release any sensitive customer information to any third party affiliate. We take Privacy extremely seriously. We only have access to/collect information that you voluntarily give us via the Checkout process. We will not sell or rent this information to anyone.

The checkout process is 100% Secured by Shopify. In no way, shape, or form are we provided any Credit Card information other than the last 4 digits. Paypal Information is 100% Secured by Paypal. We are not given any Paypal Log In information.

We will use your information to respond to you regarding the reason you contacted us. We will not share your information with any third party outside of our organization, other than as necessary to fulfill your request, e.g. to ship an order.

CONTACT

Any and all inquires can be sent to us directly through our ‘Contact Us’ form, and a member from our team will reach out to you within 72 Hours.

SALE TERMS & CONDITIONS

All items purchased at a discounted price in our Sale Section or during a Sale Time Frame are FINAL and Non Refundable. Sales Prices are not retroactive, and cannot be applied to a previously placed order. All items purchased during any form of "Mystery Sale" are FINAL and Non Refundable. Mystery deals are not retroactive, and cannot be applied to a previously placed order. Mystery items include but are not exclusive to previously sold out, unreleased, or exclusive designs. Specific item requests will be ignored. Please Note: Discount Codes will not be accepted for Mystery items. Any Free Shipping offer will be First Class with tracking unless weight exceeds 16oz.

The Twelve Days of Midnight takes place during December, and consists of daily specials that are only valid for 24 Hours. The 24 Hour time frame will begin at 10AM EST, and end at 10AM EST the following day. These specials cannot be combined with any previous or future orders placed, and must be placed separately. EXAMPLE: Placing an order for one sale day cannot be combined with an order placed on a following or previous sale day. Orders must be placed individually as each sale is NOT retroactive. Free Shipping offer will be First Class with tracking unless weight exceeds 16oz.

MADE TO ORDER, TIMED EDITION RELEASES

A majority of our releases are Made To Order, Timed Edition Releases and are subject to an extended shipment time frame. Once 72 Hours has ended and all orders are closed, The Midnight Society will update product qualities to zero, and produce ALL orders that have been placed. We will ship units once they are in hand before stocking the website. Any extra stock will be listed at a later date, and often times at an increased price if noted. This will extend the normal shipment time by 3 to 4 weeks as these products are made to order and may require more detailed work to be performed. Whenever purchasing an item that is part of our Made To Order, Timed Edition Releases you agree to allow us to contact you directly with any updates or delays. Once 72 Hours has ended on these items your order is final and cannot be changed, however, you may exchange or return the item following our Return Policy.

SPECIALITY ITEMS

Footwear: Midnight Slides™ sales are final. If you need to exchange for a different size, all slides must be returned in their original packaging, unworn, and follow the same guidelines as a normal return. Due to the limited amount of slides produced, we may or may not have your size available for an exchange so please inquire with us before hand.

Sunglasses: Midnight Shades™ are CE Certified and FDA Approved, meeting all guidelines for UV protection and impact. Midnight Shades™ sales are FINAL and cannot be returned or exchanged once marked as delivered.

Glassware: Fictional Glassware sales are FINAL. We are not responsible for any chipped, scratched, or broken glassware. We recommend hand washing all glassware, and are not responsible for wear due to running glassware through the dishwasher. DO NOT place glassware with Gold Reflective Coating in the microwave. The Midnight Society will not be held responsible for damages caused to your microwave or glassware if this is done.

Dry Bags: The Midnight Society®, LLC is not liable for any damage caused to an electronic device or personal effects of any kind. Dry bags must be rolled tight and clipped before they are to be considered anywhere close to being 100% Waterproof. We highly recommend testing your bag before inserting any type of electronic device or personal effect. Your purchase of this item is an agreement with The Midnight Society®, LLC that you, the buyer, assume full and complete responsibility over the items you choose to carry within our dry bags.

HOT SAUCE / HONEY DISCLAIMER

This disclaimer applies to all hot sauce products sold on this website with a scoville rating above 10,000 units. Please read the following disclaimer carefully before you purchase our hot sauce products.

1. I accept that The Midnight Society®, LLC, their suppliers and manufacturers will, under no circumstances, be responsible for, or liable for, any claims of injury or damage arising from the use or misuse of these products and by purchasing these products, whether for myself or as a gift. I acknowledge and agree to this fact without question.

2. I have been warned and fully understand that these products contain extreme heat and should be used and handled responsibly.

3. If I give any of these products as a gift I will make the recipient aware of the potential danger if used or handled irresponsibly

4. I am not inebriated or of unsound mind and am fully able to make a rational decision to purchase these products.

ALL Midnight Honey Sales are FINAL. Honey can contain spores of a bacterium called Clostridium botulinum, which can germinate in a baby's immature digestive system and cause infant botulism, a rare but potentially fatal illness. DO NOT FEED honey to any infant under the age of 12 months. The Midnight Society®, LLC is not responsible for any misuse of honey products. Midnight Honey is 100% Pure Raw Honey from local beekeepers in Rembert, SC. Honey was extracted from the hive using only bee friendly methods. The honey is unfiltered and free of all additives and toxins, poured in a DHEC / FDA Approved kitchen. If you have further questions about our honey, please direct yourself to our Local Beekeepers.

BANK OF MIDNIGHT - LOYALTY REWARDS PROGRAM

In no way, shape, of form is Bank of Midnight a certified, functional banking platform and Midnight Notes are not real currency. Midnight Notes do not exist in physical form other than for promotional use. Signing Up for Bank of Midnight will create an account for you in order to keep track of your purchase history, Midnight Notes, and faster checkout. We do not have access to your account passwords. If you have lost access to the Email Account used and need to reset your password, please contact us and we will work with you from there.

The Bank of Midnight is a Loyalty Rewards Program. Every $1.00 spent will reward 10 Midnight Notes and Sign Up will reward 100 Midnight Notes. Once 500 or 1000 Midnight Notes has been reached, a code can be generated in the form of $5.00 or $10.00 to be applied to any purchase over $20. 1000 Midnight Notes can also generate a Free Shipping code that can be applied to any purchase at any amount.

We retain the right to remove Midnight Notes from your account if an item is returned to us.

In order to check your Midnight Notes Balance or redeem Midnight Notes for a code you must be signed into your account on a computer. Currently, checking balances are not accessible on mobile devices.

THE MIDNIGHT LOTTO

"The Midnight Lotto" is no way, shape, or form an actual Lottery. There is No Purchase Necessary to take part in our Midnight Lotto. Tickets are FREE, and can be added to your cart and checked out with no payment option provided. The data collected from Checkout will be used to cultivate a randomized drawing for the Grand Prize Winner. If an actual product is included with your Midnight Lottery Ticket order, the order will fall under the same guidelines and routine as a normal shipment. We will NOT notify you if you were not selected to win our Grand Prize. The Grand Prize announcement will be made at the specified date for that month on Instagram Live. The winner will also be notified via email following the proceedings. The "Midnight Lottery Ticket" itself does not exist, and you will not receive one in the mail. This is simply an easier way for you and us as a company to participate in monthly giveaways.

MYSTERY PRODUCTS

ALL 'Mystery' item sales are FINAL with no refunds, returns, or exchanges. The Midnight Society will attempt to the best of their knowledge and ability to ensure there are no duplicate items, but this is not guaranteed. If you are a frequent customer with a history of orders these orders will be used to utilize the best possible mystery package. No special requests will be taken into consideration upon the decision of what items you receive. 'Mystery Box' items are single size only, and cannot be mixed and matched with different sizes. 

RETURNS - EXCHANGES - REFUNDS

Any item(s) to be returned, exchanged or refunded on must be sent back at the Buyer's Expense within 30 Days of Purchase. Original orders paid shipping cost will not be refunded as the delivery was successful. ONLY the physical items themselves will be accepted for a refund. Once we have received your package, please allow 3 to 5 Business Days for Processing. Once 30 Days has passed you retain full ownership of your product(s) purchased from this site.

We retain the right to cancel or refund any orders we see fit at any time. Typically this will be based on any data collected, previous interaction, or prior discussion. We will cancel your order if the payment process is denied during checkout more than twice in a row, and your information will be flagged from purchasing any products in the future. If you file a claim with your form of payment past the 30 Days of Purchase for a refund, we will provide them with our policy information and any evidence on your case.

PLEASE NOTE: A majority of our items are Limited Edition, Preorders, or Timed Editions. We make no guarantees that the items needed for replacement or exchange will be in stock. All items are based on a first come first serve basis. Midnight Slides™, 72 Hours of Midnight T-Shirts, Midnight Shades™, Fictional Glassware, and BOGO sales are FINAL. All items must be unworn in order to be accepted for return.

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