Store Policies

Customs

Can you give me the exact colors I'm looking for? 

In short, no.

Due to the nature of silicone while liquid, different camera + lighting settings, and just the fact that physical objects will appear different depending on what part of it you are observing, we cannot guarantee an exact colour match. 

For most references, a flat colour can be approximately matched within a 10% variance in hue, saturation or value. However anything with a gradient, shading, or fade into a different colour, should be consulted for if it is possible. 

If you are particularly strict about colour matching an item exactly to a provided reference, we cannot promise in good faith that this can be fulfilled. 

If your order involves more than one colour over a large area, there is always a risk of the liquid silicone mixing amongst itself, which can cause the resulting pattern to swirl or smudge on the outside surface. This is more likely in softer silicone.

Images on customs listings are for reference only, your order will poured after checkout. Variations in colour/final effect may occur as silicone is a liquid medium, pigments are hand-mixed and can interact in unpredictable ways, and every pour is unique. We do not offer refunds or repours unless there is a safety or quality issue with the toy.

A refund may be offered if there is a catastrophic error with your toy (such as a split pour delaminating) on arrival to you that makes it not body-safe. We may also offer a repour if you would prefer this.

WE DO NOT refund or provide discounts if you have ordered the wrong size, density or shape for your body or use, or have had a change of mind on pour style, firmness or size. We do not have control over what you order and therefore can not take responsibility.

For both a repour and a refund we ask that you destroy the original item and provide photographs to ensure that it remains out of circulation

Refund

All toys are visually checked, cleaned and checked again prior to packaging. However, we're only human so rarely something may slip past our attention.

Please contact us through support@midnightmenagerie.com.au with any concerns.

Please allow up to 48 hours for a reply before reaching out on other platforms. Emails occasionally vanish, so if that happens and you contact us via one of our other channels, we'll be more equipped to help you. We can be reached on Twitter at https://twitter.com/MenagerieToys

Each product is hand-made and custom poured and therefore some minor errors can occur. While we try to minimize this as much as possible; this may include slight color differences or colour placements (as silicone can be unpredictable and tends to flow where it wants to) or small surface imperfections from the molding process which would not cause any issues with body safety.

A refund may be offered if there is a catastrophic error with your toy (such as a split pour delaminating) on arrival to you that makes it not body-safe. We may also offer a repour if you would prefer this.

WE DO NOT refund or provide discounts if you have ordered the wrong size, density or shape for your body or use, or have had a change of mind on pour style, firmness or size. We do not have control over what you order and therefore can not take responsibility.

We request that you check your item for flaws prior to opening the bag, as they have been vacuum sealed for health and safety reasons. It is far simpler to arrange a return or refund for a toy that is still sealed. Although we understand that sometimes you might not notice a flaw until you have opened the bag and are washing your item - we ask in this case that you email us straight away with photos showing the concern.

For both a repour and a refund we ask that you destroy the original item and provide photographs to ensure that it remains out of circulation

Damage to item after receiving it and its been used -  

Unfortunately as we do not know and can not control - if an item has been purchased in the right size or density for your intended use, how an item has been used (stretched, pulled, with/without lubricant etc) how it has been handled, how it has been cleaned or how it has been stored we are not responsible for any damage that occurs to an item during your use of the item.

If your parcel has been damaged in transit -

Please contact us asap so we can lodge a postal investigation. We may require you to take the parcel to your nearest post office or take photos of the parcel and contents so we can lodge a claim with the postal service.

We may offer a replacement, refund, or discount on a future purchase in this case.

Any refunds will be issued via the original payment method.

** PLEASE NOTE **

If your parcel is returned to us through no fault of our own such as; you have declined to receive the parcel, you have declined to pay the import tax appropriate for your country, you have moved and not forwarded us your new address, you have incorrectly written your address, etc then we will not be liable to refund the cost of your order.

We will contact you to attempt re-delivery, If you choose to repay delivery costs we will resend the item. If you do not respond within 1 week we will refund you the cost of the item minus the shipping fee.

If an item is lost due to no fault of ours such as listed above and not returned to us by the postal service we will not refund any costs. As we have fulfilled the order as you listed.

If an item has been lost by the postal service then the postal service will be able to investigate and assist in finding your parcel.

Privacy

This policy covers how Midnight Menagerie respects your privacy and secures your personal information.

By visiting and using the Midnight Menagerie website
www.midnightmenagerie.com.au (hereinafter referred to as the Site”) you hereby acknowledge and consent to the terms of our Privacy Policy in conjunction with the Sites Terms and Conditions, in which the Privacy Policy is a part.

Please contact us via email
(support@midnightmenagerie.com.au) if you have any concerns, complaints or questions in relation to the information provided in the Privacy
Policy.


INFORMATION WE COLLECT

You provide us with information
when filling out a form, placing an order, participating in a forum,
entering a competition, completing a survey, direct messaging us through our social media platforms and/or reporting a problem with our site.

The information that you provide may include your name, mailing address, email address and phone number.

The following information may be collected, but will not contain any information from which you can be identified – technical information, IP address, browser type and operating system type. Further information about your visit to the Site such as how you found us, date and time, your country, products you viewed and searched for, page response times, download errors and page interactions. This information is necessary to improve our Site for a better experience for all users.


STORAGE AND USE OF INFORMATION

We use the information that you provide to effectively prepare and ship your order to your nominated address.

You will receive an email from us confirming your order has been placed and informing when your parcel has been shipped with tracking information.

If there is an issue with your order then you will receive an email from us outlining the problem and provide you with options for a solution.

At no time will we rent, share or sell any information we collect about you or your order to any third parties. This information is confidential and will remain strictly with us.

If you provide us with your
mailing address through email or social media channels to receive
promotional items or products we will use it to ship out the order and then delete your shipping information once the parcel has arrived.

Your personal information is in put to our Australia Post account to create the necessary shipping labels for your parcel.

All information you provide is stored on our secured servers.
Unfortunately, the transmission of information via the Internet may not be completely secure.

Although we will do our best to protect your personal information, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to prevent unauthorised access.

We do not receive any of your payment details when you pay via Credit Card or Paypal. These are managed by our partners, these services have their own
Privacy Policies and Terms & Conditions.


SUBSCRIPTION EMAILS

You may select the option on the Site to receive promotional and newsletter emails from us.

If you select this option your name and email address are added to our list and you will be sent our newsletters and updates.

If you no longer wish to be a part of this mailing list then all you have to do is click unsubscribe at the bottom of any of the emails we have sent you.


REVIEW EMAILS

By purchasing a product from Midnight Menagerie you are giving consent to receive an email with an invitation for you to review the product purchased.


POLICY CHANGES

If there are any changes to this policy they will be added to this page. Therefore, please check back frequently to see if there have been any updates or changes to our Privacy Policy. If needed we will inform you via email if there is a significant change or issue that will affect you.

Shipping

Delivery Costs and Options

All parcels are shipped via Australia Post. 

Delivery times are based on your location. For a general overview please see the postage calculator provided by Australia Post.

Please note that processing time ("turn around" or "dispatch") is separate from delivery times. Time taken for customs to be completed can be impacted by things such as workload and material availability. Any substantial delays will be
noted here. Customers will be notified if their order is delayed for any
additional reasons not impacting the overall customs queue.

Shipping cost is based on the weight of the product
you are purchasing and your location. This will be calculated upon the checkout. Once your parcel is accepted by Australia Post it is their responsibility to adhere to the shipping times they have indicated on
their website.

** PLEASE NOTE **

If your parcel **is returned to us** through no fault of our own such as; you have declined to receive the parcel, you
have declined to pay the import tax appropriate for your country, you have moved and not forwarded us your new address, you have incorrectly
written your address, etc then we will not be liable to refund cost of your order. 

We will contact you to attempt re-delivery, If you choose to repay delivery costs we will resend the item. If you do
not respond within 1 week we will refund you the cost of the item minus the shipping fee. 

If an item is lost due to no fault of ours such as listed above and **not returned to us** by the postal service we will not refund any costs. As we have fulfilled the order as you listed. 

If an item has been lost by the postal service then the postal service will be able to investigate and assist in
finding your parcel. 

Terms of Service

OVERVIEW
This website is operated by Midnight Menagerie. Throughout the site, the terms “we”, “us” and “our”refer to Midnight Menagerie. Midnight Menagerie 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”, "TOS"), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. 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.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive or subversive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card
information), may be transferred unencrypted and involve (a)
transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
Credit card information is always encrypted during transfer over
networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to
the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more
accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 - PRODUCTS 
Certain products may be available exclusively online through the website. 

We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any colour will be accurate.
We reserve the right but are not obligated, to limit the sales of our products or Services to any person, geographic region or
jurisdiction. We may exercise this right on a case-by-case basis. We
reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of
us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you
will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number
provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all
purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions
and contact you as needed.

For more detail, please review our Returns Policy.

SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features
and/or services shall also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites
that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any
other transactions made in connection with any third-party websites.
Please review carefully the third-party's policies and practices and
make sure you understand them before you engage in any transaction.
Complaints, claims, concerns, or questions regarding third-party
products should be directed to the third-party.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by
email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any
comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in
our sole discretion are unlawful, offensive, threatening, libelous,
defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or
contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments.
You are solely responsible for any comments you make and their accuracy.
We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product
shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on
any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been
modified or updated.

SECTION 12 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe
upon or violate our intellectual property rights or the intellectual
property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload
or transmit viruses or any other type of malicious or subversive code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others;
(i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for
any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited
uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for
indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Midnight Menagerie, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any
products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of
liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Midnight Menagerie and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors,
suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 15 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 - TERMINATION

The obligations and liabilities of the parties incurred prior to the
termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until
terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term
or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 17 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of
these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern
your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of
the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Australia.

SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or
replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of
Service constitutes acceptance of those changes.

SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at support@midnightmenagerie.com.au

SECTION 21 - E SAFETY

This website is an adults-only website intended for persons 18 years of age and older. This website contains adult products for sexual wellness (adult novelty) and is not a pornography platform. This website is labeled with an RTA “Restricted to Adults” label that allows parental controls to filter or block this website. This website contains adult products for sexual wellness (adult novelty) and is not a pornography platform. This website complies with Australian Advertising Standards and is guided by the Adult Industry Association’s Code of Practice.