Terms of service
Midnight Fae – Terms and Conditions of Sale
Last updated: 1 April 2026
These Terms and Conditions of Sale apply to customers who are consumers only.
These Terms and Conditions of Sale (together with any documents referred to in them) set out the terms on which Midnight Fae (“Midnight Fae”, “I”, “we”, “our”, or “us”) sell second-hand goods to you via our website (midnightfae.com) (the “Site”).
By placing an order, you confirm that you have read, understood, and agreed to these Terms and Conditions. If you do not agree, you must not place an order.
1. Contract formation
1.1 A binding contract is formed only when we email you confirming acceptance of your order.
1.2 Your order confirmation will include an order number, which must be quoted in all correspondence.
2. Prices and VAT
2.1 Prices are displayed on the Site at the time of purchase. VAT is not applicable.
2.2 Prices and availability may change at any time and without notice, but changes will not affect orders already accepted.
3. Nature and condition of goods
3.1 All items sold by Midnight Fae are second-hand / pre-owned unless expressly stated otherwise.
3.2 Second-hand items are not new and will show signs of previous wear consistent with their age and prior use. This may include, but is not limited to, minor marks, fabric wear, fading, or variations in finish.
3.3 Product listings include photographs and written descriptions intended to clearly show the condition of each item. Any notable flaws will be disclosed where present.
3.4 By placing an order, you acknowledge and accept the condition of the item as described and shown.
3.5 Under the Consumer Rights Act 2015, second-hand goods must be of satisfactory quality taking into account their age, price, condition, and prior use. Minor imperfections consistent with second-hand condition do not constitute a fault.
4. Returns, cancellations, and refunds
4.1 No general returns or exchanges
We operate a strict no-returns and no-exchanges policy.
We do not accept returns for change of mind, incorrect sizing or fit, personal preference, customer error, normal wear consistent with second-hand condition.
Please review all descriptions, measurements, and images carefully before purchasing. All sales are considered final except where required by law.
4.2 Statutory right to cancel (distance selling - UK only)
Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, UK customers have a legal right to cancel their order within 14 days of receiving their goods, unless an exemption applies.
To exercise this right, you must notify us by email at hello@midnightfae.com within 14 days of delivery, quoting your order number. Items must be returned within 14 days of cancellation.
Return postage costs are your responsibility. Items must be returned in the same condition as received. If an item is returned worn, washed, altered, or damaged beyond what is necessary to try it on, we may reduce the refund to reflect any loss in value. Refunds will be issued within 14 days of receipt of the returned item, using the original payment method.
4.3 Faulty or incorrectly described items (our responsibility)
Returns are accepted only where Midnight Fae is at fault, including where an item is: Significantly not as described, Faulty beyond what was disclosed, Incorrectly supplied.
You must notify us within 7 days of receiving your order, providing clear photographic evidence where applicable.
Where the fault is confirmed, we will cover return postage and offer a refund or replacement where available.
4.4 Orders placed in error
Orders may only be cancelled before dispatch. Once an order has been dispatched, it cannot be cancelled and our returns policy applies.
5. Cancellation by us
5.1 We reserve the right to cancel an order if:
- The item becomes unavailable;
- We do not deliver to your location;
- A listing or pricing error has occurred; or
- The order has been flagged as high risk by our payment or fraud detection systems.
5.2 Where we cancel an order, a full refund will be issued within 14 days. No additional compensation will be payable.
6. Delivery
6.1 Goods are delivered to the address provided at checkout.
6.2 Delivery dates are estimates only. Orders will be delivered within 30 days of acceptance.
6.3 Risk passes to you upon delivery. Ownership transfers once payment is received in full.
7. Liability
7.1 We are liable for foreseeable loss or damage caused by our breach of contract or failure to exercise reasonable care.
7.2 Nothing in these terms limits or excludes liability where it would be unlawful to do so, including liability for death or personal injury, fraud, or breach of statutory consumer rights.
7.3 Goods are supplied for personal use only. We are not liable for business or commercial losses.
8. Notices
All customer communications must be sent to hello@midnightfae.com. Notices from us may be posted on the Site from time to time.
9. Events beyond our control
We are not liable for delays or failures caused by events outside our reasonable control.
10. Severability
If any provision of these terms is found to be unenforceable, the remaining provisions shall remain in full force and effect.
11. Privacy
Your use of the Site is governed by our Privacy Policy.
12. Third-party rights
No third party has rights under the Contracts (Rights of Third Parties) Act 1999 to enforce these terms.
13. No waiver
Failure to enforce any right does not constitute a waiver of that right.
14. Complaints
Any complaints must be submitted by email to hello@midnightfae.com.
15. Governing law and jurisdiction
These terms are governed by the laws of England and Wales. The courts of England and Wales have exclusive jurisdiction.
16. Chargebacks and abuse of payment systems
16.1 If a chargeback or payment dispute is raised, we will provide all relevant evidence to the payment provider in accordance with their dispute process.
16.2 Where a chargeback is raised without reasonable grounds, or in circumstances inconsistent with these Terms and Conditions or the customer’s statutory rights, we reserve the right to refuse future orders from the customer.
16.3 This includes, but is not limited to, chargebacks raised: Without first contacting us to attempt resolution; For issues clearly disclosed at the time of purchase; After refusal of a return in accordance with these Terms.
16.4 This does not affect your statutory rights or your right to raise a legitimate dispute with your payment provider.
17. Intellectual Property
17.1 All content on this website — including but not limited to the MIDNIGHT FAE name, logo, brand identity, world-building, lore, chapter names, collection names, imagery, and written content — is the intellectual property of Midnight Fae and is protected by copyright and applicable intellectual property laws.
17.2 You may not reproduce, distribute, modify, or use any of our content for commercial purposes without our prior written consent.
17.3 Purchasing an item does not transfer any intellectual property rights associated with the Midnight Fae brand or world.
17.4 Midnight Fae is an independent vintage reseller and is not affiliated with, endorsed by, or officially connected to any of the third-party brands featured in our listings. All third-party brand names, logos, and trademarks are the property of their respective owners and are referenced solely for the purpose of accurately describing the items sold.
18. Entire agreement
These Terms and Conditions, together with our Site policies and information, constitute the entire agreement between you and Midnight Fae.