Terms and Conditions

Midnightcuriosity.co.uk (also referred to as ‘website’, ‘site) is owned and maintained by Midnight Curiosity (also referred to as ‘we’, ‘us’, ‘our’, ‘ourselves’). By viewing and using this website you (also referred to as ‘yourself’, ‘user’, ‘your’) agree to the terms and conditions as laid out below. If you do not agree to the Terms and Conditions you are not authorised to view or use any part of the website.

Midnight Curiosity is owned by Claire Morton and Amy Wagner (trading as Curious Designs / Midnight Gems) based and trading within the United Kingdom. The owners can be contacted by emailing sales@midnightcuriosity.co.uk.

Our website is built using WordPress and features a theme by WooThemes (http://www.woothemes.com/). All copyright/intellectual property rights for these belong to their respective owners.

We reserve the right to alter these terms and conditions at any time with no given notice.

Our contract

When you place an order to purchase a product from the website, we will send you an email confirming receipt of your order and containing the details of your order. Your order represents an offer to us to purchase a product which is accepted by us when we dispatch that product to you and is confirmed by an email we send to you confirming that we have dispatched. That acceptance will be complete at the time we send the Dispatch Confirmation Email to you (whether received or not). Any products on the same order which we have not confirmed in a Dispatch Confirmation Email to have been dispatched do not form part of that contract.

Returns Policy

Subject to the right of Consumers to return goods for refund under The Supply of Goods and Services Act and Distance Selling Regulations, we do not sell products on a trial basis. Customers are strongly advised to check suitability and specifications of products before ordering. If there is a fault or defect with the product upon delivery you should let us know within 7 days of receiving the items and we will arrange to replace or refund the items accordingly.

Delivery & Missing goods

All of our items are despatched by Royal Mail Recorded Delivery. When an item is despatched we will put the Royal Mail tracking number on your despatch confirmation email. Please ensure that a person of at least 18 years of age is available at the delivery address to accept and sign for the goods. We do not take responsibility for any delays in delivery as a result of problems caused by Royal Mail or failure to have someone present to accept delivery.
If you require your order to be sent via a different means (i.e. next day delivery or special delivery) please email us at Sales@midnightcuriosity.co.uk before placing your order to arrange this if the option is not available on our website.
In the event an item is missing from your order you should let us know within 7 days of receiving the goods. Where the fault is determined to be ours we will despatch the missing items at our own expense.

Cancellation Rights

You have the right to cancel your purchase at any time either before or up to 7 days following the day you receive the goods by emailing us at sales@midnightcuriosity.co.uk.
If you exercise your right to cancel your order after the goods have been despatched, you will be responsible for returning the goods to us at your own risk and cost, therefore, we strongly recommend you use an insured delivery method such as Royal Mail Special Delivery. Goods must be returned in their original unopened state.
Payment for the order will not be refunded to you until the goods have been received by ourselves and are deemed to be in a satisfactory state.
When cancelling your order please ensure you state your full name, address, and a description of the goods to be returned. Where possible please include any order reference or a copy of your order confirmation email.
Until such time as you return the goods to us you must take reasonable care of the item(s) and not use them. Any use of the delivered goods beyond that necessary to inspect the goods upon delivery will invalidate your right to cancel the contract.

You may not cancel if:
28 days has elapsed since the delivery of the goods.
The goods have been opened or used.
The goods have been custom-made or personalised to your specifications.

Pricing and Availability

We will endeavour to ensure any item listed on our website is available to order. Many of our items are made to order and as such will be despatched once the goods are ready. We will ensure that you are given an estimated despatch date but please be aware this is just an estimate and is subject to change. As we process your order, we will inform you by email if any products you order turn out to be unavailable.
Despite our best efforts, some of our items may from time to time be mis-priced through human or software error. If a product’s correct price is lower than our stated price, we charge the lower amount and send you the product. If a product’s correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before dispatch or cancel your order and notify you of such cancellation.

Children

Our products are not intended for sale to children. If you are under the age of 18 you should only use our website with the consent and supervision of your legal guardian or parent. We accept no responsibility for financial loss or damages caused by children using this website without their parents consent.
Please be aware that our products are not intended for small children and some goods may contain small/sharp implements that could be hazardous to a persons health if not used in the manner they were intended.
Items purchased for children are done so at your own risk. By purchasing for someone under the age of 18 you are accepting responsibility for any damages, injuries, and financial loss as a result of this.

Use of goods

Our goods are intended to be used for their original purpose only. We accept no responsibility for injuries, financial loss, and damages caused by the incorrect use of our goods.

Overseas orders and customs

MidnightCuriosity.co.uk is intended for use within the United Kingdom only. All pricing and delivery charges on the website are based upon delivery to an address located with England, Scotland, Wales and Northern Ireland. We will, at our discretion, despatch to other countries but please be aware that additional delivery charges will apply and be borne by you.
Before ordering for overseas delivery please contact us beforehand so we can arrange payment of additional charges. Failure to do so may result in your order been declined and cancelled. Please be aware that we may not be able to despatch to some countries, in this case we will cancel your order and inform you by email.
When ordering goods from us for delivery overseas the recipient may be subject to import duties and taxes, which are levied once the package reaches the specified destination. Any additional charges for customs clearance must be borne by the recipient, we have no control over these charges and cannot predict what they may be. Customs policies vary widely from country to country, so you should contact the local customs office for further information. Additionally, please note that when ordering from us, the recipient is considered the importer of record and must comply with all laws and regulations of the country in which the goods are received. Your goods may be inspected by custom officials during transit, this is beyond our control.

Copyright and database rights

All content included on the website, such as text, graphics, logos, button icons, and images, is the property of Midnight Curiosity, its affiliates or its content suppliers and is protected by United Kingdom and international copyright and database right laws.
You may not systematically extract and/or re-utilise parts of the contents of the website without our express written consent. In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (either once or many times) for re-utilisation of any substantial parts of this website, without our express written consent. You also may not create and/or publish your own database that features substantial (e.g. our prices and product listings) parts of this website without our express written consent.
We respect the intellectual property of others. If you believe any part of this website constitutes copyright infringement please contact us.

Website use and availability

We will do our utmost to ensure that availability of the website will be uninterrupted and that transmissions will be error-free. However, there may be instances where the website will suffer from issues beyond our control and as such there is no guarantee. There may also be times when the website will be offline for repair, maintenance, or to introduce new products and features.
You are granted a limited licence to access and make personal use of this website, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent from ourselves. This licence does not include any resale or commercial use of this website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This website or any portion of this website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent.
You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the home page of the website as long as the link does not portray Midnight Curiosity, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter.
We will also do our utmost to ensure the website is free from viruses and malicious software however we can not make any guarantees. It is your responsibility that your device is protected against such dangers. We do not accept any responsibility for damages, loss of data, financial loss, repair or replacement costs caused by software on this website or any website linked to/from it.