Terms & Conditions

1. Agreement to These Terms

By visiting midnightindulgencecaviar.com or placing an order, you agree to these Terms & Conditions. If you do not agree, please do not use the site or purchase from us.

The site is operated by Midnight Indulgence LLC ("Midnight Indulgence," "we," "us," or "our"), a New York limited liability company. These Terms apply together with our Privacy Policy and any shipping or refund policies posted on the site.

2. Eligibility and Accounts

You must be at least 18 years old, or the age of majority where you live, to place an order. By ordering, you confirm that the information you provide is accurate and complete.

If you create an account, you are responsible for keeping your login details confidential and for all activity under your account. Tell us promptly at concierge@midnightindulgencecaviar.com if you suspect unauthorized use. We may suspend or close accounts that violate these Terms.

3. Products, Pricing and Availability

Our caviar and roe are natural products. Color, bead size, texture and flavor vary by harvest, so the product you receive may differ slightly from photos and descriptions. Photos of gift sets, accessories and packaging are for illustration.

Weights: Net weights are stated in grams and refer to the caviar only, not the tin or packaging.
Prices: All prices are in US dollars and exclude shipping and applicable taxes unless stated otherwise.
Availability: Products are offered while supplies last. Because caviar is seasonal and limited, we may discontinue or substitute items. If an item in a bundle or gift set becomes unavailable, we will contact you to offer a comparable substitute or a refund for that item.
Errors: We try to keep information accurate. If a product is listed at an incorrect price or with incorrect details, we may cancel the order and refund you, even after it has been confirmed.

4. Orders and Payment

Your order is an offer to buy. A confirmation email means we received it; a contract forms only when we ship your order. We may refuse or cancel any order, for example for suspected fraud, pricing errors, stock shortages, or shipping restrictions. If we cancel after charging you, we will refund you in full.

Payment is due at checkout through the payment methods shown on the site. You confirm you are authorized to use the payment method you provide. Payments are processed by third-party providers; we do not store full card numbers.

Order changes and cancellations: Because orders are packed fresh and shipped on a set schedule, you may change or cancel an order only before it is packed. Contact us at concierge@midnightindulgencecaviar.com before 1:00 PM Eastern Time on the day your order is scheduled to ship. Once an order is packed or shipped, it cannot be cancelled.

5. Shipping and Delivery

Caviar is perishable, so we ship in insulated packaging with ice packs by overnight delivery to arrive cold. We ship to addresses within the United States only.

Ship days: Orders ship Monday through Thursday by overnight delivery, so no package sits in transit over the weekend. Orders placed after 1:00 PM Eastern Time or Friday through Sunday ship on the next ship day.
Delivery dates: Delivery estimates are not guaranteed. We are not responsible for carrier delays, weather, or other events outside our control, though we will help you resolve them.
Your responsibility: Someone must be available to receive the package on the delivery date. Refrigerate the caviar immediately on arrival. We are not responsible for spoilage caused by an incorrect address, a refused or unclaimed package, a missed delivery, or a package left unrefrigerated after delivery.
Risk of loss: Ownership and risk of loss pass to you when the carrier delivers the package to the shipping address you provided.
Address accuracy: Check your shipping address before ordering. Address changes after shipment may not be possible, and reshipping costs are your responsibility.

6. Returns, Refunds and Damaged Orders

For food safety reasons, we cannot accept returns of caviar, roe, crème fraîche, blinis or other food items once they have shipped. All food sales are final, except as described below.

Damaged, spoiled or incorrect orders: If your order arrives damaged, warm, spoiled, or not as ordered, contact us at concierge@midnightindulgencecaviar.com within 48 hours of delivery. Include your order number and photos of the product, packaging and shipping label. Do not discard the product until we respond. After review, we will send a replacement or issue a refund or store credit, at our discretion.

Non-food items: Unused accessories (such as spoons, Midnight Keys, shot glasses and cooler bags) purchased separately may be returned within 7 business days of delivery in original condition and packaging. Return shipping is your responsibility unless the item arrived defective. Accessories included in a gift set or bundle cannot be returned separately.

Approved refunds go back to your original payment method within 5–10 business days. Shipping charges are non-refundable unless the error was ours.

7. Storage, Food Safety and Allergens

Keep caviar refrigerated at 26–38°F (-3–3°C) in the coldest part of the refrigerator. Do not freeze it. Unopened tins should be eaten by the date on the label; opened tins should be eaten within 2–3 days. We are not responsible for quality issues caused by improper storage after delivery.

Allergens: Our products contain fish (fish roe). Accompaniments such as blinis and crème fraîche contain wheat and milk, and may contain other allergens. Check product labels before eating.
Health notice: Caviar is a raw or lightly cured fish product. Eating raw or undercooked seafood may increase the risk of foodborne illness, especially for pregnant people, young children, older adults, and anyone with a weakened immune system. Consult a doctor if you have concerns.
Decorative items: The gold flakes inside our etched shot glasses are sealed in the glass and are not edible.

8. Gift Orders, Bundles and Promotions

Gift orders: When you send an order as a gift, you are responsible for giving us the recipient's correct address and making sure they can receive and refrigerate it on the delivery date. Gift messages are printed as entered. Gift orders follow the same refund rules as any other order, and refunds go to the purchaser.

Bundles and gift sets: Bundle and gift set prices apply only when the full set is purchased together. Contents may be substituted with items of equal or greater value if a component is unavailable.

Discount codes and promotions: Promotional codes have no cash value, cannot be combined unless stated, and may not be applied to past orders. Each promotion is subject to its stated terms and expiration date. We may end or change a promotion at any time and may cancel orders that misuse a code.

Gift cards: Midnight Indulgence gift cards can be redeemed only on midnightindulgencecaviar.com. They cannot be exchanged for cash except where required by law, and they cannot be replaced if lost or stolen.

9. Intellectual Property and Acceptable Use

All content on this site, including the Midnight Indulgence name and logo, product names, photos, videos, text, label and packaging designs, is owned by or licensed to us and protected by intellectual property laws. You may not copy, reproduce, or use it for commercial purposes without our written permission.

When using the site, you agree not to:

Resell our products commercially without our written consent
Use the site for any unlawful or fraudulent purpose
Interfere with the site's security or operation, or use bots or scrapers to access it
Post reviews or content that is false, abusive, or infringes others' rights

If you submit reviews, photos, or other content, you give us a non-exclusive, royalty-free right to use, display, and share it in connection with our business.

10. Disclaimers, Limitation of Liability and Indemnification

Disclaimer: Except as stated in these Terms, the site and our products are provided "as is" and "as available." To the fullest extent permitted by law, we disclaim all other warranties, express or implied, including merchantability and fitness for a particular purpose.

Limitation of liability: To the fullest extent permitted by law, we are not liable for any indirect, incidental, special, or consequential damages arising from your use of the site or products. Our total liability for any claim is limited to the amount you paid for the product that gave rise to the claim. Some jurisdictions do not allow these limits, so they may not apply to you.

Indemnification: You agree to indemnify and hold harmless Midnight Indulgence, its owners, and its partners from claims, losses, and expenses (including reasonable legal fees) arising from your breach of these Terms or misuse of the site or products.

Events beyond our control: We are not responsible for delays or failures caused by events beyond our reasonable control, such as weather, natural disasters, carrier disruptions, supply shortages, or government action.

11. Governing Law, Changes and Contact

Governing law: These Terms are governed by the laws of the State of New York, without regard to conflict-of-law rules. Any dispute will be resolved in the state or federal courts located in New York County, New York, and you consent to their jurisdiction. Before filing any claim, please contact us so we can try to resolve it informally.

Changes to these Terms: We may update these Terms from time to time. Changes take effect when posted on this page, and the "Last updated" date will change. Orders are governed by the Terms in effect when they were placed.

Severability: If any part of these Terms is found unenforceable, the rest remains in effect.

Midnight Indulgence LLC 276 5th Avenue, Suite 704, New York, NY 10001 Email: concierge@midnightindulgencecaviar.com

Last updated: October 1, 2026