Terms & Conditions

Terms and Conditions (“the Terms”)
We, Midnight Express, operate the Midnight Express website.

For the avoidance of doubt any reference to “us” “we” or “our” in these Terms refers to Midnight Express and any reference to “you” or “your” refers to the customer as a purchaser of the Midnight Express products.

It is a condition of a user accessing and reading the Midnight Express website (“the Website(s)”) that Midnight Express disclaims all warranties in respect of the same whether express or implied in relation to the material published on the Website. Your statutory rights as a consumer are not affected.

This page (together with our Privacy Policy, Returns Policy and Delivery Policy) tells you information about Midnight Express and the legal terms and conditions on which we sell any of the products listed on the Website.

These Terms will apply to any contract between us for the sale of products to yourself. Please read these Terms carefully and make sure that you understand them, before ordering any products from the Website. Before placing any order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any products from the Website.

We reserve the right to amend these Terms from time to time. Every time you wish to place an order you should check these Terms to ensure you understand the terms which will apply at that time.

Age of Consent
By placing an order on the Website, you declare that you are of the appropriate legal age to purchase the items. If we discover that you are not of legal age to order certain goods, we reserve the right to cancel your order.

Contract Formation
All orders made by you through the Website are subject to acceptance and availability. We may choose not to accept your order for any reason.

Prices of products are correct at the time of entering information, however, we reserve the right to change prices without prior notice (although we will inform you if any such price change affects your order).

Only when Midnight Express accepts the Order by sending you a confirmation email that your order has been dispatched will a contract have been created between yourself and Midnight Express.

Cancellation
If you are an EU or UK consumer, you have the legal right, under the Consumer Protection (Distance Selling) Regulations of 2000 to cancel your order within fourteen (14) working days following receipt of the goods or the date on which we begun the provision of services. Refunds for orders cancelled under the provisions of the Consumer Protection (Distance Selling) Regulations will be processed in accordance with your legal rights.

Regional returns policies will apply, please see our Returns Policy for more information.

Email Marketing
Information relating to the Midnight Express email marketing sent to customers can be found in our Privacy Policy.

Privacy
Our Privacy Policy explains how we collect, use and store your personal information, including who we may share it with; how long we keep it; the circumstances in which we, or others, may contact you (including sending you advertising and marketing messages); and the rights you have in relation to your personal information.

We also use cookies or similar technologies to store certain types of information each time you use our site. You can find out more information about how we use cookies and other similar technologies in our Cookies Policy.

Fraud Prevention
Midnight Express takes fraud very seriously and we do everything in our power to prevent fraud from occurring. If false or inaccurate information is provided and fraud is identified, details will be passed on to fraud prevention agencies.

Midnight Express has fraud prevention software services that we use in order to prevent fraudulent purchases and practises, these are in place to protect both the customer and Midnight Express.

Midnight Express reserves the right to block any unauthorised bots from our websites (either ourselves and/or through third parties such as security fraud prevention services), and to immediately suspend or close any accounts which we reasonably suspect of using unauthorised bots.

Users agree to indemnify us against all losses, costs and expenses that Midnight Express incurs in connection with the breach of these rules relating to the use of internet bots on the Websites.

Copyright
Any material found within the pages of the Websites, including, but not limited to text or images are the property of Midnight Express and may not be copied, reproduced, republished, downloaded, posted, broadcast or transmitted in any way except for your own personal non-commercial use. You hereby agree not to adapt, alter or create any derivative work from any of the material contained in this site.

Disclaimer
Midnight Express provides the Website on an ‘as is’ basis and does not warrant that the functions contained in and the material on the Website will be uninterrupted, or error or defect free, or that the Website or the server that makes it available are free of viruses or bugs. Further Midnight Express does not represent the full functionality, accuracy, reliability of the materials on the Website.

In addition, Midnight Express makes no (and disclaims all) representations or warranties of any kind, express of implied, with respect to the Website or the information or content included on it.

This disclaimer does not affect your statutory rights in relation to the provision of goods .

Use of Midnight Express
Midnight Express will not be liable for any use of the Website (including any ordering of products) that results in:

losses that were not foreseeable to both parties when the contract was made;

losses that were not caused by any breach on the part of the supplier;

business losses and/or losses to non consumers.

We do not in any way exclude or limit our liability for:

(a) death or personal injury caused by our negligence;

(b) fraud or fraudulent misrepresentation;

(c) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);

(d) any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples; and

(e) defective products under the Consumer Protection Act 1987.

You agree to use the Website only for lawful purposes, and in a manner which does not infringe the rights of, or restrict or inhibit the use and enjoyment of this site by any third party, such restriction or inhibition includes, without limitation, conduct which is unlawful, or which may harass or cause distress or inconvenience to any person and the transmission of obscene or offensive content or disruption of normal flow of dialogue within the Website.

Submitting reviews, forum messages and photographs to Midnight Express
These Terms govern your conduct associated with the reviews and ratings, forums and photographs submitted to the Website. To the extent of any conflict between the Lovehoney Privacy Policy and these Terms, these Terms shall prevail in particular with respect to the submission of reviews and ratings, forums and photographs submitted to the Website. By submitting any content to the Website, you represent and warrant that:

You are the sole author of the intellectual property rights thereto:

all “moral rights” that you have have in such content have been voluntarily waived by you;

all content that you post is accurate;

you are at least 18 years old;

use of the content you supply does not violate these Terms and will not cause injury to any person or entity

You further agree and warrant that you shall not submit any content:

that is known by you to be false, inaccurate or misleading;

that infringes any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;

that violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);

that is, or may reasonably be considered to be, defamatory, libellous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation;

for which you were compensated or granted any consideration by any third party;

that includes any information that references other websites, addresses, email addresses, contact information or phone numbers;

that contains any computer viruses, worms or other potentially damaging computer programs or files.

You agree to indemnify and hold Midnight Express and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers, including but not limited to Trust Pilot, harmless from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown including reasonable attorneys’ fees, arising out of a breach of your representations and warranties set forth above, or your violation of any law or the rights of a third party. For any content that you submit, you grant Midnight Express a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such content and/or incorporate such content into any form, medium or technology throughout the world without compensation to you.

All content that you submit may be used at Midnight Express’ sole discretion. Midnight Express reserves the right to change, condense or delete any content on the Websites that Midnight Express deems, in its sole discretion, to violate the content guidelines or any other provision of these Terms. Midnight Express does not guarantee that you will have any recourse through the Website to edit or delete any content you have submitted. Ratings and written comments are generally posted within two to four business days. However, Midnight Express reserves the right to remove or to refuse to post any submission for any reason.

You acknowledge that you, not Midnight Express, are responsible for the contents of your submission. None of the content that you submit shall be subject to any obligation of confidence on the part of Midnight Express, its agents, subsidiaries, affiliates, partners or third party service providers and their respective directors, officers and employees.

By submitting your email address in connection with your rating and review, you agree that Midnight Express and its third party service providers may use your email address to contact you about the status of your review and for other administrative purposes.

External websites
As a convenience for Midnight Express customers, our website includes links to other websites or material which are beyond our control. Midnight Express is not responsible for the content of external websites linked on the Websites.

Jurisdiction
These Terms are governed by the laws of England and Wales.

Midnight Express reserves the right to amend these terms and conditions from time to time without notice.

Force Majeure
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by a force majeure event. A force majeure event which means any act or event beyond our reasonable control such as, but not limited to, strikes or industrial action by third parties (but not those caused by Midnight Express’ own employees), civil commotion, riot, invasion, terrorist attacks, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic or other natural disaster (“Event”).

If an Event takes place that affects the performance of our obligations under a contract:

(a) we will contact you as soon as reasonably possible to notify you; and

(b) our obligations under a contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event. Where the Event affects our delivery of products to you, we will arrange a new delivery date with you after the Event is over.

You may cancel a contract affected by an Event . To cancel please contact our customer services team. If you opt to cancel, you will have to return (at our cost) any relevant products you have already received and we will refund the price you have paid, including any delivery charges.