Terms of service

Last updated: June 14, 2026

Overview

Welcome to Nightmidsong.

The terms “Nightmidsong,” “we,” “us,” and “our” refer to the merchant operating this online store. Nightmidsong provides this website, its content, products, features, tools, and related services to you subject to these Terms of Service.

Our store is hosted by Shopify, which provides the ecommerce platform that enables us to offer our products and services to you.

By visiting our website, creating an account, placing an order, or otherwise using our services, you agree to these Terms of Service and to the policies referenced in them, including our Privacy Policy, Shipping Policy, and Returns & Refunds Policy.

If you do not agree to these Terms, please do not use the website or place an order.

Nothing in these Terms limits any consumer rights that cannot legally be waived or excluded under applicable law.

1. Eligibility and Customer Accounts

You must be at least the age of majority in your place of residence, or have the involvement and permission of a parent or legal guardian, to place an order through our store.

When using our services, you agree to provide accurate, current, and complete information, including your name, email address, billing information, and shipping address.

If you create a customer account, you are responsible for maintaining the confidentiality of your login credentials and for activity carried out through your account. Please notify us promptly if you believe your account has been accessed without authorization.

You may not transfer, sell, or provide your account to another person for unauthorized use.

2. Products and Product Information

We make reasonable efforts to present accurate product descriptions, specifications, dimensions, materials, prices, and images.

Product colors and appearance may vary slightly because of lighting, photography, screen settings, manufacturing variation, or the natural characteristics of materials. Such minor variations do not change your rights if a product is materially different from its description, damaged, defective, or incorrect.

Product dimensions and weights described as approximate may be subject to reasonable manufacturing variation.

We may update product information, correct errors, limit available quantities, or discontinue a product at any time. Changes will not affect an order that has already been accepted unless we contact you and provide an appropriate resolution.

Product availability is not guaranteed until your order has been accepted.

3. Product Use and Safety

You are responsible for reading and following all product descriptions, warnings, instructions, and safety information supplied with the product or displayed on our website.

Candle warmers must be used only with compatible jar candles that fit within the available base and shade clearance. Not every candle size or container is suitable.

Sculptural candles may produce flowing or pooled wax when burned or warmed. They must be placed on a sufficiently large, stable, heat-resistant tray or surface. They must not be placed directly on the wooden base of a candle warmer.

Never leave a lit candle or operating candle warmer unattended. Keep candles, warmers, hot wax, power cords, and heated surfaces away from children, pets, drafts, water, flammable materials, and unstable surfaces.

Use electrical products only with the voltage, bulb type, components, and operating conditions specified for the product. Do not use damaged cords, plugs, lamp holders, bulbs, or controls, and do not make unauthorized modifications.

Damage caused by misuse, an incorrect power supply, unauthorized modification, improper handling, failure to follow instructions, or use outside the product’s intended purpose may not qualify as a product defect.

Nothing in this section limits any rights or remedies available for a product that arrived damaged, defective, unsafe, or materially different from its description.

4. Orders and Order Acceptance

Submitting an order constitutes an offer to purchase the products in your cart.

An automated order confirmation acknowledges that we have received your order. It does not prevent us from reviewing the order for payment authorization, product availability, address accuracy, suspected fraud, pricing errors, or other legitimate concerns.

We reserve the right to decline or cancel an order where reasonably necessary, including when:

Payment cannot be authorized
A product is unavailable
The order contains an obvious pricing or listing error
The shipping address is incomplete, invalid, or unsupported
The order appears fraudulent or unauthorized
Fulfilling the order would violate applicable law or a platform requirement

If we cancel an order after payment has been collected, we will issue a refund to the original payment method.

We may contact you using the email address or other contact information supplied at checkout if additional information is required.

5. Order Cancellations

You may request cancellation within 12 hours of placing your order by contacting:

nightmidsong.official@outlook.com

We will make a reasonable effort to cancel the order before it enters irreversible processing or is dispatched.

Cancellation cannot be guaranteed after the 12-hour period, after fulfillment has begun, or after the order has been handed to the shipping carrier or logistics provider.

If an order has already been dispatched, the Returns & Refunds Policy will apply after delivery.

6. Prices, Currency, and Payment

Unless otherwise stated, all prices displayed on our store are in United States dollars (USD).

Prices, discounts, and promotions may change without notice. The price charged will be the price displayed at checkout when the order is submitted, subject to the correction of obvious errors.

Available payment methods are displayed at checkout. Payments may be processed by Shopify, PayPal, or other authorized payment providers. Nightmidsong does not receive or store your complete payment-card credentials where those credentials are processed directly by a payment provider.

You represent that:

The payment information you provide is accurate
You are authorized to use the selected payment method
The payment provider is authorized to charge the amount shown at checkout

Applicable shipping charges and any sales tax required by law will be displayed at checkout before payment is completed.

Import-related duties, import taxes, customs-clearance charges, and standard import-related brokerage fees are handled as described in our Shipping Policy and are not intended to be collected from the customer upon delivery.

7. Promotions and Sale Pricing

Promotions, discount codes, and sale prices may be subject to separate conditions, including eligibility requirements, expiration dates, product exclusions, and usage limits.

Unless otherwise stated:

Discount codes cannot be exchanged for cash
Discounts cannot be applied after an order has been completed
Only one discount may be used per order where Shopify checkout does not permit combination
Promotions may be changed or ended before an order is placed

Sale-priced products remain eligible for return when they satisfy the conditions in our Returns & Refunds Policy, unless a different condition is clearly disclosed before purchase.

8. Shipping and Delivery

We currently ship to eligible addresses within the United States.

Current shipping arrangements include:

Order processing: typically 2–4 business days
Standard Tracked Shipping: $8.00
Estimated delivery: 8–15 business days after dispatch

These timeframes are estimates rather than guaranteed arrival dates.

If we reasonably expect that we will be unable to dispatch an order within the stated processing timeframe, we will contact you with an updated estimate. Where required by applicable law, you will be given the option to consent to the delay or cancel the affected unshipped order for a full refund of the amount paid.

Shipping availability, tracking, split shipments, address restrictions, customs charges, delayed shipments, lost packages, and packages marked as delivered are governed by our Shipping Policy.

We do not transfer all responsibility for loss to you merely because an order has been handed to a carrier. Delivery issues will be reviewed under our Shipping Policy, Returns & Refunds Policy, carrier evidence, and applicable law.

9. Returns, Refunds, and Exchanges

Eligible returns may be requested within 30 days after receiving the order.

Return eligibility, product-condition requirements, candle restrictions, return shipping responsibility, damaged or defective products, refunds, cancellations, and delivery claims are governed by our Returns & Refunds Policy.

For approved returns unrelated to damage, defect, or an error by Nightmidsong, the customer is responsible for arranging and paying for return shipping.

We do not currently process direct exchanges. A customer seeking a different product may request an eligible return and place a separate order.

If there is a conflict between this section and the more detailed Returns & Refunds Policy, the Returns & Refunds Policy will control regarding returns and refunds.

10. Accuracy of Website Information

We make reasonable efforts to keep website information accurate and current. However, occasional typographical errors, omissions, outdated information, or technical display errors may occur.

We may correct an error or update information at any time.

If a material pricing or product-information error affects an order you have submitted, we will contact you where reasonably possible and provide the option to proceed under the corrected terms or receive a cancellation and refund.

We will not use this section to avoid responsibility for materially misleading product information or an order that does not conform to the agreed description.

11. Intellectual Property

The website and its original content—including the Nightmidsong name, logos, text, graphics, product photography, videos, designs, layout, and other creative materials—are owned by or licensed to Nightmidsong and are protected by applicable intellectual-property laws.

You may access the website for personal, non-commercial shopping purposes.

Without prior written permission, you may not:

Copy, reproduce, republish, distribute, sell, or commercially exploit our content
Remove copyright, trademark, or ownership notices
Use our product images or brand materials to represent another business
Create misleading copies or imitations of our website or brand
Use our trademarks in a way that suggests an unauthorized association or endorsement

Third-party names, logos, software, and content remain the property of their respective owners.

12. Feedback and Customer Submissions

If you voluntarily submit a review, photograph, suggestion, idea, or other feedback, you confirm that you have the right to provide it and that it does not violate another person’s intellectual-property, privacy, or other legal rights.

You grant Nightmidsong a non-exclusive, worldwide, royalty-free license to use, reproduce, adapt, publish, and display that feedback for operating, improving, and promoting our services.

We will not use private customer-service communications as public promotional content without an appropriate legal basis or permission.

You remain responsible for the accuracy and lawfulness of content you submit.

We may remove submissions that are unlawful, fraudulent, abusive, misleading, infringing, or otherwise inappropriate.

13. Prohibited Uses

You may not use the website or services to:

Violate applicable law or another person’s rights
Commit fraud or submit false payment, identity, or delivery information
Introduce malware, malicious code, or harmful technical content
Interfere with the website’s operation or security
Attempt unauthorized access to accounts, systems, or data
Collect or track another person’s personal information without authorization
Send spam, phishing messages, or deceptive communications
Scrape, copy, or extract website content through unauthorized automated means
Circumvent security, access controls, rate limits, or robot-exclusion measures
Impersonate another person or falsely represent an affiliation with Nightmidsong
Harass, threaten, defame, or abuse customers, staff, service providers, or other persons
Use the services for unauthorized commercial resale or unlawful export activity

We may restrict or terminate access where reasonably necessary to protect customers, Nightmidsong, Shopify, service providers, or the integrity of the website.

14. Third-Party Services and Links

Our services may include tools, payment systems, social features, embedded content, or links operated by third parties.

Third-party services are governed by their own terms and privacy policies. We are not responsible for the content, security, availability, or conduct of a third-party website or service that we do not control.

The inclusion of a third-party link does not necessarily constitute an endorsement.

Please review the applicable third-party terms before providing information or completing a transaction through an external service.

15. Relationship with Shopify

Our store is hosted and supported by Shopify.

Purchases made through the Nightmidsong store are transactions between you and Nightmidsong. Shopify provides the ecommerce platform but is not the seller of Nightmidsong products.

Shopify may process information and provide technical, checkout, fraud-prevention, personalization, and other platform services as described in our Privacy Policy and Shopify’s applicable privacy documentation.

Nothing in this section releases Nightmidsong from responsibilities that apply to us as the merchant.

16. Privacy

Our collection and processing of personal information are governed by our Privacy Policy.

By using the services, you acknowledge that information may be processed by Nightmidsong, Shopify, payment providers, shipping providers, and other service providers as necessary to operate the store, process payments, fulfill orders, prevent fraud, and provide customer support.

Please review the Privacy Policy available through our website and checkout for further information about data collection, privacy rights, and available choices.

17. Website Availability and Disclaimer

We aim to keep the website available, accurate, and secure, but we do not guarantee that access will always be uninterrupted, error-free, or free from technical delays.

The website may occasionally be unavailable because of maintenance, updates, network failure, third-party service disruption, or circumstances outside our reasonable control.

To the extent permitted by law, the website and its general informational content are provided on an “as available” basis.

This section does not exclude:

Express commitments made in an accepted order
Rights involving damaged, defective, unsafe, or misdescribed products
Statutory warranties or consumer protections
Liability that cannot lawfully be excluded

18. Limitation of Liability

To the fullest extent permitted by applicable law, Nightmidsong will not be liable for indirect, incidental, special, punitive, or consequential losses arising solely from use of or inability to access the website, where such losses were not reasonably foreseeable.

Nothing in these Terms excludes or limits liability for:

Fraud or fraudulent misrepresentation
Willful misconduct or gross negligence where such liability cannot be limited
Death or personal injury where liability cannot legally be excluded
Product liability that cannot legally be excluded
Breach of mandatory consumer rights
Any other liability that applicable law does not permit us to exclude or limit

Where liability may lawfully be limited, our total liability relating to an individual order will not exceed the amount paid for that order, except where applicable law requires otherwise.

19. Indemnification

To the extent permitted by applicable law, you agree to be responsible for losses, claims, or reasonable costs incurred by Nightmidsong as a direct result of:

Your unlawful use of the services
Your material breach of these Terms
Your infringement of another person’s legal rights
Content you submit without the necessary rights or permissions

This section does not require you to compensate us for losses caused by Nightmidsong, Shopify, our service providers, or circumstances for which you are not legally responsible.

20. Suspension and Termination

You may stop using the services at any time.

We may suspend or terminate access to an account or part of the services where reasonably necessary because of fraud, unlawful activity, a material breach of these Terms, a security risk, abuse of the services, or a legal or platform requirement.

Termination does not affect rights, obligations, payments, refunds, or claims that arose before termination.

Sections that by their nature should continue after termination—including intellectual property, privacy, liability, payment obligations, and dispute provisions—will remain effective.

21. Events Outside Our Reasonable Control

We are not responsible for a delay or failure caused by circumstances outside our reasonable control, including natural disasters, severe weather, public-health emergencies, war, civil unrest, government action, customs disruption, labor disputes, transportation interruption, utility failure, internet failure, or carrier disruption.

We will make reasonable efforts to communicate material delays and assist affected customers.

This section does not remove any refund, delivery, or consumer right that applies under our published policies or applicable law.

22. Applicable Law and Consumer Rights

These Terms are subject to the laws that apply to Nightmidsong, the transaction, and the customer.

Nothing in these Terms deprives you of mandatory consumer protections available under the laws applicable in your place of residence.

If a dispute cannot be resolved through customer support, either party may pursue available remedies before a court or other authority with lawful jurisdiction over the dispute.

We encourage customers to contact us first so that we have a reasonable opportunity to investigate and resolve the issue.

23. Severability

If any provision of these Terms is found to be unlawful, invalid, or unenforceable, that provision will be enforced to the maximum extent permitted or removed to the minimum extent necessary.

The remaining provisions will continue in effect.

24. No Waiver

If we do not immediately enforce a provision of these Terms, that does not mean we waive the right to enforce it later.

A waiver is effective only when clearly confirmed by the party granting it.

25. Entire Agreement and Policy Priority

These Terms, together with the policies and order information displayed on our website and at checkout, form the agreement governing your use of the services and your purchases.

For subject-specific matters:

The Privacy Policy controls the collection and processing of personal information
The Shipping Policy controls shipping, tracking, delivery, and import-related charges
The Returns & Refunds Policy controls cancellations, returns, refunds, and product-condition requirements
The checkout and order confirmation control the products, quantities, prices, and charges for an individual order

Nothing in this section limits rights that cannot legally be excluded.

26. Changes to These Terms

We may update these Terms to reflect changes to our services, operations, policies, legal obligations, or platform requirements.

The revised version will be posted on this page with an updated revision date.

Where required by applicable law, we will provide additional notice of material changes.

Changes will not retroactively reduce rights relating to an order that was accepted before the revised Terms took effect, unless applicable law permits or requires otherwise.