Terms of service

Terms of Service

Last Updated: 20 August 2026

Overview

Welcome to Midnight Blu. 💙

These Terms of Service explain the terms and conditions that apply when you visit our website, browse our products, create an account or place an order with us.

Throughout these Terms, “we”, “us”, “our” and “Midnight Blu” refer to Midnight Blu.

Our website and online store, including our products, content, features and services, are collectively referred to as the “Services”.

Our online store is powered by Shopify, which provides the technology that allows us to operate our online store and process customer orders.

By accessing or using our website, you agree to these Terms and our applicable policies, including our Privacy Policy, Shipping Policy and Returns & Refunds Policy.

If you do not agree with these Terms, please do not use our website or Services.

Section 1 — Age Requirements & Account

Midnight Blu sells products intended for adults.

By using our website or purchasing from us, you confirm that you are 18 years of age or older and legally permitted to purchase our products in your location.

When using our website or creating an account, you agree to:

  • Provide accurate and current information

  • Keep your account information up to date

  • Keep your login details secure

  • Not share your account with another person

  • Notify us if you believe your account has been accessed without your permission

To place an order, you may need to provide information including:

  • Your name

  • Email address

  • Billing information

  • Shipping address

  • Valid payment details

Please ensure all information is correct to help prevent order and delivery delays.

Section 2 — Our Products

We make every reasonable effort to ensure our products are accurately described and displayed on our website.

However, please be aware that:

  • Product colours may appear slightly different depending on your device or screen

  • Product packaging may change from time to time

  • Product availability may change without notice

  • Product descriptions and specifications may be updated

  • We may limit quantities or discontinue products

We carefully select the products we offer and aim to provide clear information about their features, materials and intended use.

Please read all product information, instructions and safety warnings before purchasing or using a product.

Section 3 — Placing an Order

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

An order is only accepted once we have confirmed it.

We may need to refuse or cancel an order in certain circumstances, including where:

  • A product is unavailable

  • There is an obvious pricing or product information error

  • We suspect fraudulent or unauthorised activity

  • We are unable to fulfil the order

  • The order cannot legally be fulfilled

If we cancel an order after payment has been received, we will arrange an appropriate refund.

All purchases are subject to our Returns & Refunds Policy.

Products purchased from Midnight Blu are intended for personal use and must not be purchased for unlawful purposes.

Section 4 — Prices & Payment

All prices displayed on our website are subject to change without notice.

The price shown at checkout will be the applicable price for your order, subject to any obvious pricing error.

Additional charges may apply, including:

  • Shipping costs

  • Applicable taxes

  • Customs duties

  • Import charges

  • Other fees imposed by relevant authorities or delivery providers

You agree to provide accurate payment information and confirm that you are authorised to use the payment method provided.

If payment cannot be successfully processed, we may be unable to complete your order until payment has been received.

Section 5 — Shipping & Delivery

Our Shipping Policy explains our order processing times, shipping options and estimated delivery timeframes.

Delivery times are estimates and may be affected by circumstances outside our reasonable control, including:

  • Courier or postal delays

  • Public holidays

  • Severe weather

  • Customs processing

  • Incorrect delivery information

  • Other unforeseen circumstances

If your order is delayed, damaged or appears to be missing, please contact us and we will do our best to assist.

Nothing in these Terms limits your rights under applicable Australian Consumer Law.

Section 6 — Returns, Refunds & Consumer Rights

Our Returns & Refunds Policy explains our procedures for change-of-mind returns and products that are faulty, damaged or incorrect.

Because many of our products are intimate in nature, hygiene requirements apply to certain returns.

However, nothing in these Terms or our Returns & Refunds Policy excludes, restricts or modifies any rights you may have under the Australian Consumer Law.

Where a product is faulty, defective, unsafe, not as described or otherwise fails to meet applicable consumer guarantees, you may be entitled to a repair, replacement, refund or another appropriate remedy depending on the circumstances.

Section 7 — Intellectual Property

The content available through Midnight Blu, including our:

  • Logo and branding

  • Website design

  • Product descriptions

  • Photographs

  • Graphics

  • Written content

  • Marketing materials

  • Layout and original designs

is owned by or licensed to Midnight Blu or the relevant rights holder.

You may access and use our website for personal, non-commercial purposes.

You must not, without our written permission:

  • Copy substantial portions of our content

  • Republish our content

  • Reproduce our branding

  • Sell or redistribute our content

  • Modify our content for commercial purposes

  • Use our intellectual property in a way that suggests an unauthorised association with Midnight Blu

Third-party trademarks, logos and intellectual property remain the property of their respective owners.

Section 8 — Third-Party Tools & Services

Our website may use third-party applications, payment providers, software, delivery services and other tools.

These services may operate under their own terms and privacy policies.

Where third-party services are used, you agree that your use of those services may also be subject to the provider's terms and conditions.

We are not responsible for third-party services that are outside our reasonable control.

Section 9 — Third-Party Links

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

These links are provided for convenience and do not necessarily mean that Midnight Blu endorses those websites or services.

We are not responsible for:

  • Third-party content

  • Accuracy of information

  • Availability

  • Security

  • Privacy practices

  • Terms and conditions

  • Your experience with third-party websites

We recommend reviewing the relevant third party's policies before using their services.

Section 10 — Shopify

Our online store is powered by Shopify.

Shopify provides the technology and infrastructure that enables us to operate our online store. However, Midnight Blu is the seller of the products purchased through our website.

Shopify's current merchant terms state that the merchant is responsible for its store, products, customer transactions, refunds, returns and applicable consumer-law requirements.

Shopify's own terms and policies may apply to services provided directly by Shopify.

Shopify Legal & Terms

Section 11 — Privacy

Your privacy matters to us.

Personal information collected through our website is handled in accordance with our Privacy Policy and applicable privacy laws.

Because our store uses Shopify and other service providers, information may be processed or stored by third parties and, where permitted by law, outside Australia.

Please refer to our Privacy Policy for more information about how we collect, use, store and protect your personal information.

Section 12 — Reviews & Feedback

We love hearing from our customers and welcome reviews, suggestions, ideas and feedback.

When submitting content to Midnight Blu, you confirm that:

  • You have the right to submit the content

  • Your submission does not infringe another person's rights

  • Your submission is not unlawful, misleading, threatening or abusive

  • Your submission does not contain harmful software or malicious code

Where permitted by law, you give Midnight Blu permission to use, reproduce, publish or display your submission for business, website and promotional purposes.

We reserve the right to remove content that we reasonably consider unlawful, inappropriate, offensive, misleading or unrelated to our products or services.

Section 13 — Errors & Inaccuracies

Occasionally, our website may contain typographical errors or inaccurate information relating to:

  • Product descriptions

  • Pricing

  • Availability

  • Promotions

  • Shipping information

  • Other website content

We reserve the right to correct or update information when reasonably necessary.

If an obvious error affects an order, we may contact you to discuss the available options, including cancellation and refund where appropriate.

Section 14 — Prohibited Uses

You agree not to use our website or Services for unlawful, fraudulent, abusive or harmful purposes.

Prohibited activities include:

  • Fraudulent activity

  • Impersonating another person

  • Harassment or abuse

  • Attempting to gain unauthorised access to our systems

  • Introducing malware or harmful code

  • Interfering with website security

  • Scraping or systematically copying website content without permission

  • Using our Services to break the law

  • Attempting to disrupt or damage our website or systems

We may restrict or terminate access where we reasonably believe these Terms have been breached.

Section 15 — Suspension & Termination

We may suspend or terminate access to an account or our Services where reasonably necessary, including where a person:

  • Breaches these Terms

  • Engages in fraudulent or unlawful activity

  • Misuses our website

  • Attempts to compromise website security

  • Uses our Services for prohibited purposes

Termination does not affect any rights or obligations that arose before termination.

Any provisions that are intended to continue after termination will remain in effect.

Section 16 — Website Availability

We make reasonable efforts to keep our website available and operating correctly.

However, we cannot guarantee that our website or Services will always be:

  • Available

  • Uninterrupted

  • Error-free

  • Completely secure

  • Free from technical problems

We may temporarily suspend website access for maintenance, upgrades, security reasons or circumstances beyond our reasonable control.

Nothing in these Terms excludes or limits any rights that cannot legally be excluded under Australian Consumer Law.

Section 17 — Limitation of Liability

To the maximum extent permitted by law, Midnight Blu will not be responsible for indirect or consequential losses arising from your use of our website or Services.

However, nothing in these Terms excludes, restricts or modifies any liability or consumer rights that cannot legally be excluded under Australian Consumer Law.

Your statutory consumer guarantees and remedies continue to apply where relevant.

Section 18 — Indemnification

To the extent permitted by law, you agree to be responsible for losses or claims arising from your unlawful use of our Services or your serious breach of these Terms.

This does not apply to the extent that a loss or claim results from Midnight Blu's own unlawful conduct, negligence or breach of a non-excludable consumer right.

Section 19 — Severability

If any provision of these Terms is found to be invalid, unlawful or unenforceable, that provision will be interpreted or modified to the extent necessary to make it enforceable where possible.

The remaining provisions will continue to apply.

Section 20 — Waiver & Entire Agreement

If we do not immediately enforce a provision of these Terms, this does not mean that we have waived our right to enforce it later.

These Terms, together with our other applicable policies, form the agreement between you and Midnight Blu regarding your use of our Services, subject to any rights that cannot legally be excluded.

Section 21 — Assignment

You may not transfer or assign your rights or obligations under these Terms without our written consent, except where permitted by law.

We may transfer or assign our rights and obligations where reasonably necessary to operate or restructure our business, subject to applicable law.

Section 22 — Governing Law

These Terms are governed by the laws of Victoria, Australia.

Any disputes relating to these Terms will be subject to the applicable laws and courts of Victoria and Australia, subject to any mandatory consumer rights or jurisdictional requirements that may apply.

Section 23 — Headings

The headings used throughout these Terms are provided for convenience and readability only.

They do not affect the meaning or interpretation of any provision.

Section 24 — Changes to These Terms

We may update these Terms from time to time to reflect changes to our business, Services, legal requirements or policies.

The “Last Updated” date at the beginning of these Terms will indicate when they were most recently updated.

Where appropriate, we may notify customers of significant changes.

Your continued use of our website after updated Terms are published means that you accept the updated Terms to the extent permitted by law.

Section 25 — Contact Information

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

Midnight Blu
Email: MidnightBlu2121@gmail.com

Postal Address:
Parcel Locker 10027 42080
Echuca Post Shop
227–229 Pakenham St
Echuca VIC 3564
Australia

Midnight Blu 🌙💙

Your After-Dark Escape.

We’re committed to providing a shopping experience that is discreet, respectful, secure and customer-focused.