Terms of service

 

Last updated: May 14, 2026

Welcome to Midnight Atelier

Thank you for choosing us. These Terms of Service ("Terms") govern your use of our website and the purchase of our products. By visiting our site or making a purchase, you agree to these Terms.

Please read them carefully. If you don't agree with any part of these Terms, please don't use our site or services.

Important: You must be at least 18 years old to use this website or purchase our products.

1. USING OUR SITE

Eligibility

  • You must be 18 years or older to use this site
  • By placing an order, you confirm you meet this age requirement
  • If you're accessing the site on behalf of a business, you confirm you have authority to bind that business to these Terms

Acceptable Use You agree not to:

  • Use our site for any illegal purpose
  • Violate any laws in your jurisdiction
  • Transmit viruses, malware, or harmful code
  • Harass, abuse, or harm others
  • Impersonate others or provide false information
  • Collect or harvest data from our site
  • Interfere with the site's security or functionality

Consequences We reserve the right to refuse service, terminate accounts, or cancel orders if we believe you've violated these Terms.

2. YOUR ACCOUNT

Account Creation When you create an account, you agree to:

  • Provide accurate, complete, and current information
  • Update your information promptly if it changes
  • Keep your password confidential
  • Notify us immediately of any unauthorized account use

You're responsible for all activity under your account.

Account Security We will never ask for your password via email or phone. If someone does, don't provide it—contact us immediately.

Account Termination You can delete your account anytime by emailing info@themidnightatelier.com. We may terminate accounts that violate these Terms without notice.

3. ORDERS & PAYMENT

Placing Orders

  • All orders are subject to acceptance by us
  • We reserve the right to refuse or cancel any order for any reason, including:

    • Product availability
    • Errors in pricing or product information
    • Suspected fraud or unauthorized transactions
    • Violation of these Terms

Pricing

  • All prices are in USD (US customers) or CAD (Canadian customers)
  • Prices are subject to change without notice
  • The price at the time of your order is the price you'll pay
  • We're not responsible for pricing errors, but we'll notify you if one occurs

Payment

  • We accept Visa, Mastercard, American Express, and Discover via Stripe, PayPal, and Apple Pay
  • Payment is processed at checkout
  • We never see or store your full credit card information
  • By providing payment information, you authorize us to charge your payment method for the total amount

Order Confirmation You'll receive an email confirmation when your order is placed. This does not mean your order has been accepted—we'll send a shipping confirmation when it ships.

Order Modifications You have 1 hour after placing an order to cancel or modify it. Email info@themidnightatelier.com with your order number. After that window, we may have already shipped your order.

4. SHIPPING & DELIVERY

Shipping

  • We ship to the US and Canada only
  • Shipping times and costs are outlined on our Shipping page
  • Risk of loss passes to you upon delivery to the carrier
  • We're not responsible for delays caused by carriers, customs, or events beyond our control

Customs & Duties You're responsible for any customs duties, taxes, or fees incurred when your package crosses borders.

Undeliverable Packages If a package is returned to us as undeliverable due to an incorrect address or refusal, we'll refund you minus a 20% restocking fee.

5. PRODUCTS

Product Information We strive for accuracy in product descriptions, images, and specifications, but:

  • Colors may vary slightly depending on your screen
  • Product specifications may change without notice
  • We don't guarantee products will meet your specific expectations

Product Availability

  • Products are subject to availability
  • We may limit quantities or discontinue products at any time
  • If an item is out of stock after you order, we'll notify you and offer a refund or alternative

Product Safety

  • Our products are intended for adult use only
  • They are not medical devices
  • Always read product instructions before use
  • Stop use immediately if you experience discomfort or irritation
  • Consult a healthcare provider if you have medical concerns

6. RETURNS & REFUNDS

Please see our Return & Refund Policy for full details.

Summary:

  • All sales are final (no returns for change of mind)
  • We accept returns only for defective, damaged, or incorrect items
  • Contact us within 5 days of receiving your order
  • Manufacturer warranties may apply to certain products

7. INTELLECTUAL PROPERTY

Our Content All content on this site—including text, images, logos, product descriptions, and design—is owned by Midnight Atelier or our licensors and is protected by copyright, trademark, and other laws.

You may not:

  • Copy, reproduce, or distribute our content without permission
  • Use our branding or trademarks without authorization
  • Scrape, harvest, or collect data from our site

Your Content If you submit reviews, photos, comments, or other content to us, you grant us a non-exclusive, royalty-free, perpetual license to use, modify, publish, and display that content.

You confirm that:

  • You own the content or have permission to share it
  • Your content doesn't violate anyone's rights
  • Your content is accurate and not misleading

8. PRIVACY & DATA

Your personal information is governed by our Privacy Policy.

Summary:

  • We collect information to process orders and improve your experience
  • We never sell your personal data
  • We use industry-standard security measures
  • You have rights to access, correct, or delete your data

9. THIRD-PARTY SERVICES

Payment Processors We use Stripe and PayPal to process payments. Their terms and privacy policies apply to transactions.

Shipping Carriers We use USPS, Canada Post, and other carriers. We're not responsible for their actions or delays.

Analytics & Marketing We use third-party tools (Google Analytics, Facebook Pixel, etc.) to improve our site and marketing. See our Cookies Policy for details.

Third-Party Links Our site may link to external websites. We're not responsible for their content, practices, or policies.

10. DISCLAIMERS & LIMITATIONS

No Warranties Our site and products are provided "as is" without warranties of any kind, express or implied. We don't guarantee that:

  • The site will be error-free or uninterrupted
  • Products will meet your expectations
  • Information on the site is always accurate or current

Limitation of Liability To the maximum extent permitted by law, Midnight Atelier and its owners, employees, and partners are not liable for:

  • Indirect, incidental, or consequential damages
  • Lost profits, revenue, or data
  • Personal injury or property damage from product use
  • Any damages exceeding the amount you paid for the product

Some jurisdictions don't allow these limitations, so they may not apply to you.

Your Responsibility You agree to use our products safely and according to instructions. You assume all risk associated with product use.

11. INDEMNIFICATION

You agree to defend and hold harmless Midnight Atelier, its owners, employees, and partners from any claims, damages, or expenses (including legal fees) arising from:

  • Your violation of these Terms
  • Your violation of any law or someone else's rights
  • Your use or misuse of our products
  • Content you submit to our site

12. DISPUTE RESOLUTION

Governing Law These Terms are governed by the laws of [Your State/Province], without regard to conflict of law principles.

Disputes If we have a dispute, we'll try to resolve it informally first. Please contact us at info@themidnightatelier.com and we'll work with you in good faith.

If we can't resolve it informally, any legal action must be brought in the courts of [Your Jurisdiction].

Waiver of Class Actions You agree to resolve disputes individually, not as part of a class action or consolidated proceeding.

13. GENERAL

Entire Agreement These Terms, along with our Privacy Policy, Cookies Policy, and Return Policy, constitute the entire agreement between you and Midnight Atelier.

Severability If any part of these Terms is found to be unenforceable, the rest remains in effect.

No Waiver Our failure to enforce any provision doesn't waive our right to enforce it later.

Assignment You can't transfer these Terms to anyone else. We may assign them to a successor business.

Force Majeure We're not liable for delays or failures caused by events beyond our control (natural disasters, pandemics, strikes, war, etc.).

14. CHANGES TO THESE TERMS

We may update these Terms from time to time. When we do:

  • We'll update the "Last updated" date
  • Changes become effective when posted
  • Your continued use of the site means you accept the changes

We encourage you to review these Terms periodically.

15. CONTACT US

Questions about these Terms?

Email: info@themidnightatelier.com

We'll respond within 1-2 business days.

By using our site, you confirm you've read, understood, and agree to these Terms of Service.

Thank you for trusting Midnight Atelier with your pleasure journey. 🌙