LEGAL TERMS OF SERVICE
Midnight Skateboarding™ (including it's wholly-owned subsidiary Black Heart Hardware™ and Midnight Speed Bearings™) is owned by The Midnight Society®, LLC and is the sole owner of this website. Any unauthorized use is strictly prohibited. "Midnight Skateboarding", "Black Heart Hardware", "Cryptonisis Skull Logo", "Anatomical Heart", and all original design work are trademarks of The Midnight Society®, LLC, and any unauthorized use is strictly prohibited. Any unauthorized use is subject to legal action.
The Midnight Skateboarding™ name, Cryptnosis Skull Logo, or any other graphic symbol, logo, icon, or image owned by The Midnight Society®, LLC and may not appear in any publications without written permission. 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 owned and operated by The Midnight Society®, LLC. Throughout the site, the terms “we”, “us” and “our” refer to The Midnight Society® and its subsidiary Midnight Skateboarding™. 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
AT THIS TIME SHIPMENTS TO THE UNITED KINGDOM HAVE BEEN SUSPENDED. WE ARE WORKING TO RESOLVE THIS ASAP.
Midnight Skateboarding™ 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 Midnight Skateboarding™ 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. (Note: Claims with USPS can only be opened and acknowledged if Priority Mail is selected.)
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
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
NOTE: THESE ARE ESTIMATED TIME FRAMES AS WE HAVE NO CONTROL OVER USPS/UPS AND THEIR DELAYS IN DELIVERY. FOR THIS REASON WE DO NOT REFUND SHIPPING COST IF YOUR PACKAGE ARRIVES LATER THAN EXPECTED.
INTERNATIONAL (AFTER SHIPMENT)
Standard: 10 to 21 Business Days
We typically ship out daily, Monday - Friday, but this does not mean your 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.
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 (ex: Black Friday) 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. (If you request this to be done we will cancel the first order so you can place a second order that includes the discount. Please Note: ALL products are limited, and we can not guarantee they will be in stock if a second order is needed.) Active Discount Codes (Newsletter Sign Up) will be paused during store wide sale time frames that are greater than 10%, 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. We 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.
Free Shipping offers 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 PACKAGING DISCLAIMER
The Midnight Society®, LLC is not responsible for any allergic reactions as a result of our products. A majority of our products contain a wide variety of textiles including cotton, elastic, nylon, polyester, wool etc. Metals include nickel, stainless steel, gold, silver, and rose golf plating.
GENERAL PRODUCT DISCLAIMER
Midnight Skateboarding™ 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 Midnight Skateboarding™ responsible.
PRODUCTION QUALITY DISCLAIMER
Midnight Skateboarding™ is aware that on rare occasions some items and 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.
Midnight Skateboarding™ 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 Midnight Skateboarding™ 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 Skateboarding™ product(s).
Masks should not be used in any surgical setting or where significant exposure to liquid, bodily, or hazardous fluids, may be expected. 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.
Midnight Skateboarding™ 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 Midnight Skateboarding™ is in no way responsible.
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, we 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 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.)
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.
Dry Bags: Midnight Skateboarding™ 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 Midnight Skateboarding™ 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
Midnight Skateboarding™ 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.
Midnight Skateboarding™ 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 during the week between 4:30PM and 7PM EST unless notified via email in advance. (2) A member of Midnight Skateboarding™ 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) Midnight Skateboarding™ 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. Midnight Skateboarding™ is not responsible for picking up any items to be returned or exchanged.