Terms of Service

LEGAL TERMS OF SERVICE

The Midnight Society®, LLC (including it's wholly-owned subsidiary's Midnight Skateboarding™ and Black Heart Hardware™) 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"Midnight Skateboarding", "Black Heart Hardware", "Cryptonisis Skull Logo", and "Anatomical Heart" are trademarks 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® and its subsidiary's. 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, disclaimers, 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 with the original purchase order number to confirm proof of purchase, and that your order falls within the 14 day time frame. 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 or UPS. 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 or UPS Center. 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. If USPS or your local postal carrier deem the package was NOT delivered, though the package is marked as delivered via the tracking information, you may provide us with documentation from the carrier stating the package cannot be located, and we will work with you from there.

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. In rare circumstances Custom's Officials may miss these import duties to be collected, consider this a blessing as it will not always be the case. Please note that some countries have increased their tarrif's to be collected on items being exported from the U.S. 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 order is being shipped outside of the USA we may need to relinquish a digital confirmation of your order, email, or phone number if requested by the carrier or customs in order to contact you about picking up your order.

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.

Any Free Shipping offer will be First Class with tracking unless weight exceeds 16oz. Packages that exceed 16oz. will be shipped USPS Priority or UPS. We retain the right to change any Free Shipping promotional offers or time frames any time we see fit.

NOTE: ALL orders over $150 will require signature for delivery.

HOURS OF OPERATION

The Midnight Society’s hours of operation are Monday thru Friday (except US Federal Holidays) 10AM to 4PM (EST). Any contact sent during off hours will be responded to once the team returns.

SHIPPING TIME FRAME

USA (AFTER SHIPMENT)

USPS Standard: 5 to 7 Business Days
USPS Priority Mail: Typically 2 to 3 Days
UPS Ground: 5 Business Days

INTERNATIONAL (AFTER SHIPMENT)

Standard: 10 to 21 Business Days 

We typically ship out daily, Monday - Friday, but this does not mean you order will ship same day or next day. We will notify you to any delays or extended time frames on our social media or make clearly visible on our website.

NOTE: Products may have an extended shipping time due to being part of a preorder or 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.

CONTACT

Unfortunately we are unable to respond to direct messages via social media. Inquiries can be sent to us directly through our Contact form. Please read the instructions on our Contact page carefully as we DO NOT respond to inquiries that are part of our FAQ. 

ORDER / SALE TERMS & CONDITIONS

We retain the right to cancel or refund any orders we see fit at any time. These actions are automatic, and will be based on any data collected, previous interactions, or prior discussions. If the payment process is denied during checkout more than twice your information will be flagged from purchasing any products in the future due to risk of fraud. If for whatever reason you file a claim with your form of payment past the 30 Days given to return, exchange, or refund we will provide them with our policy information and all documentation needed. 

If there is an issue with your order under rare circumstance we may require further information in order to conduct research with our platform host if necessary. If we are unable to locate your order via your name or email address you will be required to provide us with your order number, a screen shot of your confirmation email, or a screen shot from your bank statement (please crop out all banking details before sending), in regards to funds withdrawn from the platform host in order to complete the purchase, in order for us to continue our investigation and further research your orders issue. This evidence will only be provided to us and our platform host as we conduct the investigation into your order issue.

The reselling of our products is something we cannot control after purchase, however, the reselling of our products on Etsy and other handmade or vintage e-commerce platforms goes against their Terms & Conditions as our products are not considered vintage, and are not handmade by YOU. If it is brought to our attention that our items are being sold on one of these platforms we will be forced to provide information regarding your order and listing to the host.

All items purchased at a discounted price in our Sale Section or during a Sale Time Frame are FINAL and Non Refundable. All items purchased from of our partnership stores (Continuum Skateshop) are FINAL and NONREFUNDABLE. Sale Prices are not retroactive, and cannot be applied to a previously placed order. Active Discount Codes (Newsletter Sign Up / Decoder Club) will be paused during store wide sale time frames that are greater than 15%, and resume when sale period is over. This includes items during pre sale time frames, and will resume when pre sale is over.

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. Items may include but are not exclusive to unreleased, sold out, or secondary items. Under no circumstances will a secondary item's defect effect the quality or durability of the product. Specific item requests will be ignored. Please Note: Discount Codes will not be accepted for Mystery items.

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.

MISSING ITEM CLAIMS

The following agreement is put into effect once items have been purchased: Due to the limited nature of our products, every piece of inventory and order is carefully packaged to ensure all ordered contents are placed within. If you have an issue with your package, it is important you contact us immediately. You will need to provide photographic evidence of the packing slip that is signed off by a member of our team. The window for these types of investigations is 48 Hours after the carrier has marked the package as delivered. We will begin with an inventory count, and based on our research further determine if those goods were in fact not shipped accordingly. Any messages received regarding missing items after the 48 Hour window will be declined. 

DISCLAIMERS AGREED TO WHILE VISITING OR ORDERING

GENERAL PRODUCT DISCLAIMER

The Midnight Society®, LLC is not responsible for any property, personal property, or personal damage or injury involving any and all products sold on this website or by any of our third party retailers. By purchasing our product you agree to the former and the following information: I understand that all products purchased from this website are 100% safe in their current and still standing form. Any damage to property (or someone else's property) or injury caused to myself or someone I know is fault of my own and there will be no replacement or reimbursement of any kind (this includes replacement or reimbursement of the product itself and personal property), and I will not hold The Midnight Society®, LLC responsible.

PRODUCTION QUALITY DISCLAIMER

The Midnight Society®, LLC is aware that on rare occasions some specialty items, due to their rare and limited nature, may include what could be perceived as defects. This includes pressure areas for adhesives, die cutting of enamel pins or other metals, slight imperfections in printing or sewing, ect. If you feel your item has a defect that is effecting the products durability or overall usage please contact us directly and we will work with you to come to a reasonable resolution if possible. Please understand there are certain production factors that are out of our control as a company. We strive for perfection, but since a majority of our items are mass produced it is impossible to ensure absolute perfection on every items purchased from us or our subsidiary's or collaborators. We are not able to offer resolutions based on imperfections unless it is clearly damaging to the design or artwork, and reports will be examined and taken case by case.

SKATEBOARD DISCLAIMER

The Midnight Society®, LLC is not responsible for any personal or property injury caused to you or someone you know in any way, shape, or form when the injury involves our skateboards or skateboard products. Once purchase is complete you agree to the following: I will not hold The Midnight Society®, LLC responsible for any injuries or damages caused to myself or someone I know (be it as a gift or usage) or to property (be it my own or someone elses) due to riding, moving, or displaying my Midnight Skateboard product(s).

MIDNIGHT MASK DISCLAIMER

Midnight Masks should not be used in any surgical setting or where significant exposure to liquid, bodily, or hazardous fluids, may be expected. Midnight Masks should not be worn in a clinical setting where the infection risk level through inhalation exposure is high, or in the presence of a high intensity heat source or flammable gas.

The Midnight Society®, LLC makes no warranties, either express or implied, that the mask prevents infection or the transmission of viruses or diseases. If you contract a virus or disease The Midnight Society®, LLC is no way responsible.

HOT SAUCE 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. When checkout is completed for any of our hot sauce products you are agreeing to the following:

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.

HONEY DISCLAIMER

Please read the following disclaimer carefully before you purchase our honey products. When checkout is completed for any of our honey products you agree to the following:

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. If you give any of this product as a gift you will make the recipient aware of the potential danger if used or handled irresponsibly. 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.

SASE CAMPAIGN DISCLAIMER

The Midnight Society®, LLC NOT responsible for SASE mail traveling through USPS, whether it's "to" or "from". This means we will not send out stickers to you if your letter did not reach us. The Midnight Society®, LLC will not provide postage for your return envelope. It is your responsibility to make sure the correct and accurate amount of postage is on BOTH envelopes (one addressed to us, and one addressed to you.) We DO NOT accept, nor are we responsible for any cash, check, or form of payment sent through USPS. If we receive any payment through our SASE campaign, this will be returned to you immediately as ALL orders must be placed through our secure checkout. As stated above: The Midnight Society®, LLC is not responsible for letters lost in the mail that contain any form of payment.



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.

MIDNIGHT SKATEBOARDING™ & BLACK HEART HARDWARE™

ALL skateboards sold by The Midnight Society®, LLC are backed by a 30 day return policy ONLY if the skateboard itself is warped or delaminates due to a manufacturers defect (i.e. defect in materials, glue, etc). This does not include wear and tear or improper use. Returns must be communicated to us within 30 days of purchase with your order number included. We will provide you with an address to send the board to, and the cost of shipping will be refunded to you from your original purchase upon inspection.

ALL Midnight Skateboarding™ Griptape sales are FINAL.

ALL Sk8ology product sales are FINAL. If you have an issue with your Sk8ology / Click Carabiner Co. product please contact Sk8ology / Click Carabiner Co. directly.

ALL Black Heart Hardware™ sales are final. Please Note: Hardware pieces that have been double coated / painted in house are subject to normal chips and flaking during delivery and transportation. We DO NOT gurantee all pieces will be perfectly painted or arrive to you in perfect painted condition. (Please read our Product Quality Disclaimer for more information surrounding these matters.)

PANTRY ITEMS

ALL Pantry Items sales are FINAL & NONREFUNDABLE.

The Midnight Society®, LLC is a proud Authorized Retailer for Jelly Belly Candy Company. By purchasing a Jelly Belly Candy Company product from this website you agree that The Midnight Society®, LLC is in no way liable or responsible for any and all issues you or someone you know (the consumer) has with the product itself. ALL customer service related issues will need to be directed to Jelly Belly Candy Company. Any sale of these items outside of the U.S. is strictly prohibited, and all International Orders will be canceled immediately. 

SPECIALITY ITEMS

(DISCONTINUED) 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.

Masks, Bandanas, Gaiters: ALL sales of any and all face coverings are final. (1) Due to healthy and safety reasons we are unable to receive any returns of these items to be handled by the team. (2) The profit from masks specifically are used to purchase medical masks for local hospitals. (3) We understand not everyone’s face size is the same, which is why we have provided the dimensions to our masks to be reviewed before purchase.

PERSONAL INJURY DISCLAIMER

The Midnight Society®, LLC is not liable nor responsible for any harm to you or someone you know when injury is caused by ANY product sold on our website. Please refer to our disclaimer page for more information.

THE MIDNIGHT LOTTO (CURRENTLY DISCONTINUED)

"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.

LOCAL DELIVERY

The Midnight Society®, LLC is happy to offer free local delivery to those located within a 10 mile radius of our headquarters. By utilizing Local Delivery you acknowledge the following: (1) Local Delivery will only take place on Wednesday’s between 4:30PM and 7PM EST unless notified otherwise in advance. (2) A member of The Midnight Society®, LLC will leave my package either at my front door or in my mail box, and a photograph will be taken of the package’s location to be utilized as “proof of delivery” and emailed to me directly upon delivery. (3) The Midnight Society®, LLC is not liable or responsible to replace any missing or stolen packages from my property. (4) Any items that are eligible for returns must follow the standard return policy and procedure. The Midnight Society®, LLC is not responsible for picking up any items to be returned or exchanged.

SASE CAMPAIGN DISCLAIMER

The Midnight Society®, LLC NOT responsible for SASE mail traveling through USPS, whether it's "to" or "from". This means we will not send out stickers to you if your letter did not reach us. The Midnight Society®, LLC will not provide postage for your return envelope. It is your responsibility to make sure the correct and accurate amount of postage is on BOTH envelopes (one address to us, and one addressed to you.) We DO NOT accept, nor are we responsible for any cash, check, or form of payment sent through USPS. If we receive any payment through our SASE campaign, this will be returned to you immediately as ALL orders must be placed through our secure checkout. As stated above: The Midnight Society®, LLC is not responsible for letters lost in the mail that contain any form of payment.

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