Terms of service
Terms of Service
Last updated: April 29, 2026
Overview
Welcome to Nightshade Kink Works.
These Terms of Service describe the rules, rights, and responsibilities that apply when you visit our website, browse our store, purchase our products, submit content, or otherwise use the services offered by Nightshade Kink Works.
Throughout these Terms, the words “we,” “us,” and “our” refer to Nightshade Kink Works. The words “you” and “your” refer to the customer, visitor, purchaser, account holder, or person using our website or services.
Nightshade Kink Works is located in Barrie, Ontario, Canada, and sells to customers in Canada and the United States.
Our website is powered by Shopify, which provides the e-commerce platform that allows us to offer our products and services to you.
By accessing or using this website, placing an order, creating an account, submitting information, or interacting with our services, you agree to be bound by these Terms of Service, along with our Privacy Policy, Refund Policy, Shipping Policy, Legal Notice & Disclaimer, and any other policies posted on this website.
If you do not agree with these Terms, you should not use this website or purchase from Nightshade Kink Works.
Nothing in these Terms is intended to limit any rights you may have under applicable consumer protection laws.
Section 1 - Age Requirement
Nightshade Kink Works is intended for customers who are 19 years of age or older.
By using this website, creating an account, submitting information, or purchasing from Nightshade Kink Works, you confirm that you are at least 19 years old.
You also confirm that you are legally permitted to view, purchase, receive, own, and use the products offered on this website in your location.
You may not use this website, purchase products, submit content, or create an account if you are under 19 years of age.
We reserve the right to refuse, cancel, or refund orders if we believe they were placed by, or on behalf of, someone who does not meet our age requirement.
Section 2 - Access and Account Information
To use certain features of our website or place an order, you may be asked to provide information such as your name, email address, billing address, shipping address, phone number, payment information, or other order-related details.
You agree that all information you provide is accurate, current, complete, and belongs to you or is being provided with proper authorization.
You are responsible for keeping your account login information secure. You are also responsible for all activity that occurs under your account.
You may not transfer, sell, assign, share, or license your account to another person.
We reserve the right to refuse service, close accounts, cancel orders, or restrict access to the website if we believe these Terms have been violated or if doing so is necessary to protect Nightshade Kink Works, our customers, our website, or our service providers.
Section 3 - Our Products
We make every reasonable effort to describe and photograph our products accurately. However, many Nightshade Kink Works products are handmade, small-batch, custom, made-to-order, or produced using materials that may vary slightly.
Product colours, sizing, finishes, stitching, textures, patterns, hardware, 3D printed elements, leather, fabric, and other handmade details may vary from photos or descriptions.
These natural and handmade variations are part of the character of the product and are not considered defects unless the product is materially different from what was ordered or arrives damaged in a way that affects its intended use.
Product photos may also appear differently depending on your screen, device settings, lighting, display type, or browser.
We do not guarantee that the appearance, colour, texture, feel, weight, sound, flexibility, finish, or performance of any product will exactly match your expectations.
We reserve the right to update, change, discontinue, limit, or remove products at any time without notice.
Section 4 - Materials, Allergies, and Sensitivities
Nightshade Kink Works products may contain, include, or come into contact with materials including, but not limited to:
- Fabrics
- Leather
- 3D printed plastics
- Nickel-containing hardware
- Silicone
- Latex or latex-adjacent materials
- Dyes
- Adhesives
- Paints
- Sealants
- Threads
- Finishes
- Other crafting or production materials
Customers are responsible for reviewing product descriptions carefully before purchasing.
If you have allergies, sensitivities, skin concerns, material restrictions, or questions about a product, you should contact us before placing an order.
Nightshade Kink Works is not responsible for allergic reactions, irritation, material sensitivities, discomfort, or other reactions caused by use, handling, wear, cleaning, storage, or contact with our products.
Unless clearly stated otherwise in a specific product listing, our products are not medical-grade, sterile, hypoallergenic, latex-free, nickel-free, body-safe for every use, or suitable for every person or situation.
Section 5 - Product Use, Safety, and Responsibility
Products sold by Nightshade Kink Works are intended for responsible, informed, consensual, and lawful adult use.
By purchasing or using our products, you accept full responsibility for learning how to use, inspect, clean, maintain, store, and handle them safely.
You are responsible for understanding your own limits, your partner’s limits, communication, negotiation, consent, aftercare, cleaning practices, storage practices, safety risks, and local laws.
Nightshade Kink Works is not responsible for injury, harm, property damage, misuse, unsafe use, improper cleaning, improper storage, improper handling, lack of communication, lack of consent, illegal use, allergic reactions, material sensitivities, or any consequences resulting from use or misuse of our products.
You should inspect products before each use and stop using any product that appears damaged, weakened, cracked, torn, loose, unsafe, or unsuitable for continued use.
Nothing on this website should be treated as medical, legal, therapeutic, relationship, safety, consent, or professional advice.
Section 6 - Custom and Made-to-Order Products
Nightshade Kink Works offers custom, personalized, modified, commissioned, and made-to-order products.
Custom and made-to-order items cannot be cancelled once work has begun. Work may include design planning, material preparation, cutting, printing, assembly, production, customization, ordering special materials, or any other meaningful step toward completing the order.
You are responsible for reviewing and confirming all custom order details before work begins. This may include sizing, colours, wording, spelling, design elements, materials, hardware, measurements, style choices, and any other requested details.
Custom, personalized, modified, commissioned, or made-to-order items may not be eligible for return, exchange, or refund unless required by law or unless the item arrives damaged, defective, or materially different from what was agreed upon.
We reserve the right to refuse custom work at our discretion.
Section 7 - Orders
When you place an order, you are making an offer to purchase the products in your cart.
Your order is not accepted until Nightshade Kink Works confirms acceptance and processes the order. We reserve the right to accept, decline, cancel, limit, or refund any order for any reason, including suspected fraud, payment issues, product unavailability, pricing errors, shipping restrictions, age concerns, or violation of these Terms.
Please review your order carefully before submitting it. We may not be able to accommodate changes or cancellation requests after an order has been placed, especially for custom, made-to-order, personalized, or already-processed items.
If we cancel or modify an order, we will attempt to contact you using the email address, billing address, shipping address, or phone number provided at the time of purchase.
Purchases are subject to our Refund Policy, which can be viewed here: [Refund Policy Link]
Unless otherwise agreed in writing, products purchased from Nightshade Kink Works are intended for personal use and not for commercial resale or export.
Section 8 - Pricing, Billing, and Payment
Prices, discounts, promotions, shipping rates, and product availability are subject to change without notice.
The price charged for a product will be the price shown at the time your order is placed, unless there is an error, technical issue, or other problem affecting the listing or checkout process.
Unless otherwise stated, posted prices do not include taxes, shipping, handling, customs duties, brokerage fees, import fees, or other charges that may apply.
You agree to provide current, complete, and accurate purchase, payment, billing, and account information for all purchases made through our website.
You represent and warrant that:
- You are authorized to use the payment method provided.
- The payment information you provide is true, correct, and complete.
- Charges incurred by you will be honoured by your payment provider.
- You will pay all charges incurred by you, including product costs, taxes, shipping, handling, and other applicable fees.
We reserve the right to correct pricing errors, cancel orders, or contact you for clarification if a product is listed incorrectly, priced incorrectly, unavailable, or affected by a technical error.
If an order is cancelled after payment has been processed, we will issue a refund according to the original payment method, unless another method is required or agreed upon.
Section 9 - Shipping and Delivery
Nightshade Kink Works ships to customers in Canada and the United States.
Shipping timelines are estimates only and are not guaranteed.
We are not responsible for delays caused by shipping carriers, customs processing, border inspections, weather, strikes, service disruptions, incorrect shipping information, failed delivery attempts, holidays, emergencies, or events outside our control.
Once an order has been transferred to the shipping carrier, delivery is handled by that carrier. Risk of loss may pass to you once the order is given to the carrier, except where otherwise required by law.
You are responsible for providing a complete and accurate shipping address. Nightshade Kink Works is not responsible for lost, delayed, returned, or misdelivered packages caused by incorrect or incomplete shipping information.
Please review our Shipping Policy for full shipping details: [Shipping Policy Link]
Section 10 - Customs, Duties, and Import Responsibility
Customers are responsible for ensuring that products ordered from Nightshade Kink Works can legally be imported, received, owned, and used in their location.
Orders shipped outside Canada may be subject to customs review, duties, taxes, brokerage fees, import charges, delays, or other border-related costs.
Unless clearly stated otherwise at checkout or in our Shipping Policy, these additional costs are the responsibility of the customer.
Nightshade Kink Works is not responsible for customs delays, refused imports, seizure, additional fees, or legal issues caused by a customer ordering products that cannot legally be imported, owned, or used in their location.
Section 11 - Returns, Exchanges, and Refunds
Returns, exchanges, refunds, order issues, and cancellations are handled according to our Refund Policy.
Because many Nightshade Kink Works products are handmade, custom, intimate, limited-run, personalized, or made-to-order, some items may not be eligible for return, exchange, or cancellation.
Please review our Refund Policy before placing an order: [Refund Policy Link]
Nothing in these Terms is intended to limit any rights you may have under applicable consumer protection laws.
Section 12 - Intellectual Property
All content on this website is owned by Nightshade Kink Works or used with permission.
This includes, but is not limited to:
- Product photos
- Product descriptions
- Written content
- Logos
- Branding
- Graphics
- Artwork
- Product designs
- Persona names and lore
- Website layout and design elements
- Promotional materials
- Blog content
- Social media content created by Nightshade Kink Works
- Videos, audio, images, and other media
You may not copy, reproduce, modify, distribute, scrape, publish, sell, license, upload, download, store, transmit, publicly display, create derivative works from, or commercially use our content without written permission.
You may share public Nightshade Kink Works content on social media as long as proper credit is given, the content is not altered in a misleading way, and the content is not used to suggest an endorsement, partnership, or affiliation that does not exist.
Nightshade Kink Works names, logos, product names, designs, slogans, branding, and creative materials may not be used without our prior written permission.
All other trademarks, logos, names, and brands appearing on the website belong to their respective owners.
Section 13 - Customer Photos, Reviews, Feedback, and Submissions
If you submit, send, tag, post, upload, email, message, review, or otherwise share content with Nightshade Kink Works, including photos, videos, reviews, testimonials, product feedback, comments, ideas, suggestions, or other materials, you confirm that you have the right to share that content.
You also confirm that any people shown or referenced in submitted content are at least 19 years old and have given proper consent for the content to be submitted and used.
By submitting content to Nightshade Kink Works, you grant us a perpetual, worldwide, royalty-free, transferable, sublicensable license to use, reproduce, edit, crop, format, publish, display, repost, share, quote, distribute, and promote that content for business, customer service, advertising, marketing, website, social media, product page, newsletter, and promotional purposes.
This may include using customer reviews, testimonials, product photos, tagged social media posts, or written feedback on our website, social media accounts, marketing materials, product listings, newsletters, advertisements, or other promotional channels.
We may edit submitted content for length, clarity, formatting, cropping, grammar, or brand consistency, provided we do not materially misrepresent the meaning of your submission.
You agree that your submitted content will not:
- Violate any law.
- Violate the rights of any third party.
- Contain false or misleading information.
- Contain content you do not have permission to share.
- Include anyone under 19 years of age.
- Include abusive, hateful, defamatory, threatening, harassing, obscene, exploitative, or unlawful material.
- Include viruses, malware, spam, or harmful code.
- Misrepresent your identity or relationship with Nightshade Kink Works.
We reserve the right to remove, reject, edit, or refuse to share submitted content at our discretion.
If you want a submitted photo, review, or testimonial removed from future marketing use, you may contact us at info@nightshadekinkworks.com. We will make reasonable efforts to remove it from future use, though we may not be able to remove content already printed, archived, indexed, shared by others, or used in materials no longer within our control.
We are not required to keep submitted content confidential, pay compensation for submitted content, respond to submitted content, or use submitted content.
Section 14 - Privacy
Our collection, use, storage, and disclosure of personal information is described in our Privacy Policy.
By using this website or placing an order, you acknowledge that you have reviewed our Privacy Policy.
Because our website is powered by Shopify, some personal information may also be collected and processed by Shopify and other third-party service providers in order to operate the website, process payments, provide checkout services, prevent fraud, fulfill orders, provide analytics, and support the services we offer.
Please review our Privacy Policy here: [Privacy Policy Link]
Section 15 - Marketing Communications
If you sign up for emails, newsletters, promotional messages, SMS messages, or other marketing communications from Nightshade Kink Works, you agree to receive those communications from us.
Marketing communications will only be sent where permitted by law.
You may unsubscribe from marketing emails or messages using the unsubscribe option provided in the communication, where applicable.
Transactional messages related to orders, accounts, shipping, customer service, payment, returns, or other necessary business purposes may still be sent even if you unsubscribe from marketing communications.
Section 16 - Optional Tools and Third-Party Services
We may provide access to third-party tools, apps, payment processors, shipping providers, analytics platforms, embedded features, social media platforms, or other third-party services.
These third-party services are provided “as is” and “as available” where applicable. We do not control every aspect of third-party services and are not responsible for their content, functionality, policies, security, errors, outages, fees, delays, or practices.
Your use of third-party services is at your own risk and may be subject to the terms, policies, and privacy practices of those third parties.
We may add, remove, update, or change third-party tools or services at any time.
Section 17 - Third-Party Links
Our website may contain links to websites or services operated by third parties.
We are not responsible for reviewing, evaluating, approving, or guaranteeing the content, accuracy, policies, privacy practices, products, services, security, or reliability of third-party websites.
If you access third-party websites through links on our site, you do so at your own risk.
Any complaints, claims, concerns, or questions about third-party products, services, or websites should be directed to the third party.
Section 18 - Relationship With Shopify
Nightshade Kink Works is powered by Shopify, which enables us to provide our online store and related services.
Any purchase you make through our store is made directly with Nightshade Kink Works.
By using this website, you acknowledge and agree that Shopify is not responsible for any aspect of sales between you and Nightshade Kink Works, including products, orders, shipping, customer service, refunds, injury, damage, loss, or disputes arising from products or services purchased from Nightshade Kink Works.
To the fullest extent permitted by law, you release Shopify and its affiliates from claims, damages, and liabilities arising from or related to purchases and transactions with Nightshade Kink Works.
Section 19 - Errors, Inaccuracies, and Omissions
Occasionally, information on our website may contain errors, inaccuracies, or omissions.
These may relate to product descriptions, pricing, promotions, offers, shipping charges, transit times, product availability, photos, specifications, materials, or other information.
We reserve the right to correct errors, update information, cancel orders, refuse orders, or change product details at any time without prior notice, including after an order has been submitted.
If an error affects your order, we will make reasonable efforts to contact you.
Section 20 - Prohibited Uses
You may use this website only for lawful purposes and in accordance with these Terms.
You may not use this website or our services:
- For any unlawful, fraudulent, abusive, or malicious purpose.
- To violate any federal, provincial, state, local, or international law.
- To purchase products if you are under 19 years old.
- To purchase products on behalf of someone under 19 years old.
- To infringe our intellectual property rights or the rights of others.
- To harass, abuse, insult, harm, threaten, defame, slander, disparage, intimidate, or discriminate against any person.
- To submit false, misleading, or inaccurate information.
- To impersonate another person or entity.
- To upload or transmit viruses, malware, harmful code, or destructive files.
- To spam, phish, pharm, pretext, crawl, scrape, or harvest information.
- To collect or track the personal information of others.
- To interfere with or bypass website security features.
- To interfere with the operation of the website or services.
- To use our content, products, branding, or website for unauthorized commercial purposes.
- To resell products unless we have given written permission.
- To engage in conduct that restricts or interferes with anyone else’s use of the website.
- To expose Nightshade Kink Works, Shopify, our customers, our employees, our partners, or our service providers to risk, liability, harm, or abuse.
We reserve the right to suspend, disable, restrict, or terminate your access to the website or services if we believe you have violated these Terms.
Section 21 - Termination
We may terminate, suspend, or restrict your access to the website or services at any time, without notice, if we believe you have violated these Terms or if doing so is necessary to protect Nightshade Kink Works, our customers, our website, our service providers, or others.
You remain responsible for all amounts owed up to and including the date of termination.
The sections of these Terms that by their nature should survive termination will continue to apply, including sections related to intellectual property, customer submissions, privacy, prohibited uses, disclaimers, limitation of liability, indemnification, governing law, and dispute-related terms.
Section 22 - Disclaimer of Warranties
The information on this website is provided for general informational and shopping purposes only.
We do not guarantee that website content will be accurate, complete, current, secure, uninterrupted, error-free, or suitable for your specific needs.
To the fullest extent permitted by law, this website, our services, and all products offered through the website are provided “as is” and “as available,” except where expressly stated otherwise by Nightshade Kink Works or required by law.
To the fullest extent permitted by law, we disclaim all warranties, representations, or conditions of any kind, whether express, implied, statutory, or otherwise, including implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
Some jurisdictions do not allow certain warranty exclusions or limitations, so some of the above may not apply to you.
Nothing in these Terms is intended to limit rights that cannot legally be limited.
Section 23 - Limitation of Liability
To the fullest extent permitted by law, Nightshade Kink Works, our owners, employees, contractors, suppliers, service providers, partners, affiliates, and licensors will not be liable for any injury, loss, claim, damage, or expense of any kind arising from or related to:
- Use of this website.
- Inability to use this website.
- Purchase or use of our products.
- Misuse of our products.
- Unsafe, unlawful, non-consensual, or improper use of our products.
- Failure to inspect, clean, store, maintain, or handle products properly.
- Allergic reactions, irritation, sensitivities, or material incompatibilities.
- Product expectations not being met.
- Shipping delays, delivery issues, carrier errors, or customs issues.
- Incorrect information provided by the customer.
- Third-party services, platforms, links, tools, or payment processors.
- Errors, omissions, interruptions, delays, or inaccuracies on the website.
- Unauthorized access to or use of your account or information.
- Customer-submitted content.
- Any decision you make based on information found on this website.
This limitation applies to direct, indirect, incidental, punitive, special, consequential, or similar damages, including lost profits, lost revenue, lost savings, loss of data, replacement costs, or business interruption, whether based in contract, tort, negligence, strict liability, or otherwise.
Where liability cannot be excluded by law, our liability will be limited to the amount paid for the product or service giving rise to the claim, to the fullest extent permitted by law.
Section 24 - Indemnification
You agree to indemnify, defend, and hold harmless Nightshade Kink Works, Shopify, and our owners, employees, contractors, suppliers, service providers, partners, affiliates, and licensors from any losses, damages, liabilities, claims, demands, expenses, and legal fees arising out of or related to:
- Your breach of these Terms.
- Your violation of any law.
- Your violation of the rights of a third party.
- Your misuse of the website or services.
- Your misuse of products purchased from Nightshade Kink Works.
- Your submitted content, reviews, photos, videos, testimonials, feedback, or other materials.
- Your failure to use products safely, lawfully, responsibly, or consensually.
- Your failure to provide accurate order, account, billing, shipping, or payment information.
We reserve the right to control the defence and settlement of any claim subject to indemnification, and you agree to cooperate with us as reasonably required.
Section 25 - Severability
If any part of these Terms is found to be unlawful, void, or unenforceable, that part will be enforced to the fullest extent permitted by law or severed from these Terms.
The remaining provisions will remain valid and enforceable.
Section 26 - Waiver
Our failure to exercise or enforce any right or provision of these Terms does not mean we waive that right or provision.
Any waiver must be in writing to be effective.
Section 27 - Entire Agreement
These Terms, together with our Privacy Policy, Refund Policy, Shipping Policy, Legal Notice & Disclaimer, and any other policies posted on this website, form the entire agreement between you and Nightshade Kink Works regarding your use of the website and services.
These Terms replace any prior or current agreements, communications, or proposals between you and Nightshade Kink Works regarding the website or services.
Any ambiguity in these Terms will not be interpreted against the party that drafted them.
Section 28 - Assignment
You may not transfer, assign, or delegate these Terms or your rights or obligations under these Terms without our prior written consent.
We may transfer, assign, or delegate these Terms and our rights or obligations without your consent or notice, where permitted by law.
Section 29 - Governing Law
These Terms of Service, this website, and any separate agreements where Nightshade Kink Works provides products or services to you are governed by the laws of the Province of Ontario and the applicable federal laws of Canada.
Any disputes involving Nightshade Kink Works will be handled in Ontario, Canada, unless otherwise required by law.
Section 30 - Changes to These Terms
You can review the most current version of these Terms of Service at any time on this page.
We reserve the right to update, change, or replace any part of these Terms by posting updates to our website.
Changes will be effective when posted unless otherwise stated.
Your continued use of the website or services after changes are posted means you accept the updated Terms.
Section 31 - Contact Information
Questions about these Terms of Service should be sent to:
Nightshade Kink Works
Barrie, Ontario, Canada
Email: info@nightshadekinkworks.com
Website: www.nightshadekinkworks.com