Terms of service

These Terms of Use govern your access to and use of the Midnight Desires website. By accessing or using this website, you agree to be bound by these Terms. If you do not agree, please do not use the website.

1. Use of the Website

You agree to use this website only for lawful purposes and in a way that does not infringe the rights of others or restrict their use of the website.

You may not:

  • Misuse or interfere with the website’s functionality
  • Attempt unauthorised access to systems or data
  • Use the website for fraudulent or unlawful activities
  • Copy, scrape, or exploit content for commercial purposes without permission

Midnight Desires reserves the right to suspend or terminate access where misuse is suspected.

2. Eligibility

By using this website, you confirm that:

  • You are 18 years or older and legally capable of entering into binding agreements
  • Any information you provide is accurate and up to date

Certain products may require age verification before dispatch or delivery.

3. Products & Availability

  • All products are subject to availability
  • Product descriptions and images are for reference and may vary slightly
  • Midnight Desires reserves the right to modify or discontinue products at any time

We do not guarantee continuous product availability.

4. Pricing & Payments

  • All prices are displayed in South African Rand (ZAR) unless stated otherwise
  • Prices may change without prior notice
  • Payment must be made in full before orders are processed

In the event of pricing errors, we reserve the right to cancel affected orders and issue refunds where applicable.

5. Orders & Acceptance

  • An order confirmation does not constitute acceptance
  • Orders are accepted only once payment is confirmed and the order is dispatched
  • We reserve the right to refuse or cancel orders at our discretion

6. Delivery

Delivery timeframes are estimates only. Midnight Desires is not liable for delays caused by:

  • Courier services
  • Incorrect delivery details
  • Events beyond our control (e.g. weather, strikes, system issues)

Risk transfers to the customer upon delivery.

7. Returns & Refunds

Returns and refunds are governed by our Refund Policy and applicable laws.

Due to the nature of our products, certain items may be non-returnable for hygiene and safety reasons.

8. Gift Vouchers

Gift vouchers are:

  • Non-refundable and not redeemable for cash
  • Valid for a limited period
  • Subject to additional terms where applicable

We are not responsible for lost or misused vouchers.

9. Intellectual Property

All website content (including text, images, branding, and design) is the property of Midnight Desires or its licensors.

You may not reproduce or use any content without prior written consent.

10. Third-Party Services & Links

This website may contain links to third-party services.

Midnight Desires is not responsible for their content, policies, or practices. Use them at your own risk.

11. Limitation of Liability

To the fullest extent permitted by law, Midnight Desires shall not be liable for:

  • Indirect or consequential damages
  • Loss of profits, data, or business opportunities
  • System downtime or security issues beyond our control
  • Actions of third-party providers

Use of this website is at your own risk.

12. Indemnification

You agree to indemnify and hold harmless Midnight Desires, its owners, employees, and partners from any claims arising from:

  • Misuse of the website
  • Breach of these Terms
  • Violation of laws or third-party rights

13. Age-Restricted Products

Certain products are strictly for individuals 18 years and older.

By placing an order, you confirm that you meet this requirement. We reserve the right to:

  • Request proof of age
  • Cancel orders where verification cannot be provided
  • Refuse delivery if age requirements are not met

14. Product Disclaimer

All products are intended for personal use only.

Information provided on the website is for general guidance and should not be considered medical advice.

Midnight Desires makes no guarantees regarding results or outcomes.

15. Regulatory Compliance

We operate in accordance with applicable South African laws.

Product availability and policies may change to remain compliant with regulations.

16. Privacy

Your use of this website is also governed by our Privacy Policy, which outlines how your data is collected and used.

17. Changes to These Terms

We reserve the right to update these Terms at any time.

Changes take effect once published. Continued use of the site means you accept the updated Terms.

18. Governing Law

These Terms are governed by the laws of the Republic of South Africa.

Any disputes will be handled by South African courts.

19. Contact

For any questions regarding these Terms, please contact our support team.

If you want, I can tighten this into a more “legal heavy / lawyer-approved” version (for max protection), or soften it slightly for better customer trust.