Terms of service

TERMS OF SERVICE

Last updated: March 5, 2026

Welcome to Midnight Smoke Co. By accessing or using our website at midnightsmokeco.com.au and purchasing our products, you agree to be bound by these Terms of Service. Please read them carefully.

1. OVERVIEW

This website is operated by Midnight Smoke Co. Throughout the site, the terms "we", "us" and "our" refer to Midnight Smoke Co. We offer 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 and policies referenced herein and/or available by hyperlink.

2. AGE RESTRICTION

You must be 18 years of age or older to use this Service and purchase our products. By using this Service, you represent that you are at least 18 years old.

We reserve the right to request proof of age at any time, including at the point of delivery. Orders may be refused or cancelled if age cannot be verified.

3. PRODUCTS AND SERVICES

All products sold by Midnight Smoke Co are smoking accessories intended for legal use with tobacco or legal herbs only.

Products are sold "as is" and we make no warranties about their suitability for any particular purpose beyond their intended legal use.

Product descriptions, images, and specifications are provided for general information and may vary slightly from actual products.

We reserve the right to limit the quantities of any products or services we offer and to refuse service to anyone for any reason at any time.

4. LEGAL USE ONLY

All products are sold for legal purposes only. It is the customer's responsibility to ensure compliance with all applicable local, state, and federal laws.

By purchasing from us, you confirm that you will use our products only for their intended legal purpose.

We do not condone or support the use of our products for any illegal activities.

5. PRICING AND PAYMENT

All prices are listed in Australian Dollars (AUD) and include GST where applicable.

We reserve the right to change prices at any time without notice.

Payment must be made in full at the time of purchase through our accepted payment methods.

We use Shopify's secure payment processing system to protect your payment information.

6. ORDERS AND ACCEPTANCE

Your order is an offer to purchase products from us. We reserve the right to accept or decline any order for any reason, including but not limited to:

  • Product availability
  • Errors in pricing or product information
  • Suspected fraudulent activity
  • Inability to verify age

We will notify you if your order is cancelled and process any refund to your original payment method.

7. DELIVERY AND SHIPPING

Local Delivery (Perth Metro):

We offer distance-based local delivery throughout Perth metro, with pricing calculated from our O'Connor location:

  • Zone 1 - Inner Metro (up to 10km): $35 delivery fee | $20 minimum order
  • Zone 2 - Mid Metro (10km to 30km): $45 delivery fee | $20 minimum order
  • Zone 3 - Outer Metro (30km to 50km): $55 delivery fee | $20 minimum order

Your exact delivery zone and fee will be calculated automatically based on the distance from our O'Connor location to your delivery address at checkout.

Australia-Wide Shipping:

  • Standard Post: $9.95 (3-7 business days)
  • Express Post: $14.95 (1-3 business days)

Delivery times are estimates and not guaranteed. We are not liable for delays caused by circumstances beyond our control.

Age verification is required at delivery. If the recipient cannot provide valid ID proving they are 18+, the delivery will not be completed and the order may be cancelled without refund.

Full delivery terms are available in our Shipping Policy and Delivery FAQ.

 

8. RETURNS AND REFUNDS

We accept returns within 14 days of delivery for unused items in their original packaging.

Return shipping costs are the responsibility of the customer unless the item is faulty or we sent the wrong product.

Refunds will be processed to the original payment method within 7-10 business days of receiving the returned item.

Full return terms are available in our Refund Policy.

9. PRIVACY AND DISCREET PACKAGING

We respect your privacy. All orders are packaged discreetly in plain, unmarked packaging.

Your personal information is handled in accordance with our Privacy Policy.

10. PROHIBITED USES

You may not use our site or products for any unlawful purpose or to violate any laws.

You may not use our products in any way that could damage, disable, or impair our business or interfere with any other party's use of our Service.

11. INTELLECTUAL PROPERTY

All content on this site, including text, graphics, logos, images, and software, is the property of Midnight Smoke Co or our content suppliers and is protected by Australian and international copyright laws.

You may not reproduce, distribute, or create derivative works from our content without express written permission.

12. LIMITATION OF LIABILITY

To the maximum extent permitted by law, Midnight Smoke Co shall not be liable for any indirect, incidental, special, consequential, or punitive damages resulting from your use of or inability to use the Service.

Our total liability for any claim arising out of or relating to these Terms shall not exceed the amount you paid for the product(s) in question.

13. INDEMNIFICATION

You agree to indemnify and hold Midnight Smoke Co harmless from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

  • Your use of our products
  • Your violation of these Terms
  • Your violation of any applicable laws

14. ACCURACY OF INFORMATION

We strive to provide accurate product and pricing information, but errors may occur. We reserve the right to correct any errors and to change or update information at any time without prior notice.

15. THIRD-PARTY LINKS

Our site may contain links to third-party websites. We are not responsible for the content, accuracy, or practices of these sites.

16. MODIFICATIONS TO SERVICE

We reserve the right to modify, suspend, or discontinue any part of our Service at any time without notice.

Prices, products, and services are subject to change without notice.

17. GOVERNING LAW

These Terms shall be governed by and construed in accordance with the laws of Western Australia and the Commonwealth of Australia.

Any disputes arising from these Terms or your use of our Service shall be subject to the exclusive jurisdiction of the courts of Western Australia.

18. SEVERABILITY

If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.

19. ENTIRE AGREEMENT

These Terms, together with our Privacy Policy, Shipping Policy, and Refund Policy, constitute the entire agreement between you and Midnight Smoke Co.

20. CHANGES TO TERMS

We reserve the right to update or modify these Terms at any time without prior notice. Changes will be effective immediately upon posting to the website.

Your continued use of the Service after any changes constitutes acceptance of the new Terms.

21. CONTACT INFORMATION

For questions about these Terms of Service, please contact us at:

Midnight Smoke Co O'Connor, WA Australia

Email: info@midnightsmokeco.com.au

By using our Service, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.