Terms of service

OVERVIEW

These Terms of Service ("Terms") govern your use of the website cicadias.com (the "Site") operated by Cicadias ("we," "us," or "our"). By visiting our Site and/or purchasing something from us, you engage in our "Service" and agree to be bound by the following Terms. Please read these Terms carefully before accessing or using our website.

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. By accessing or using any part of the Site, you agree to be bound by these Terms of Service.

SECTION 1 – OVERVIEW AND ACCOUNT

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 transmissions over various networks.

If you create an account on our Site, you are responsible for maintaining the confidentiality of your account and password. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to terminate accounts at our discretion.

SECTION 2 – OUR PRODUCTS

All products are subject to availability. We reserve the right to discontinue any product at any time. Prices for our products are subject to change without notice. We reserve the right to modify or discontinue the Service (or any part or content thereof) without notice at any time.

Product images are for illustrative purposes only. Actual colors may vary slightly due to monitor settings. We have made every effort to display as accurately as possible the colors and images of our products on the Site.

SECTION 3 – ORDERS

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. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address provided at the time the order was made.

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.

SECTION 4 – PRICES AND BILLING

Prices for our products are subject to change without notice. We reserve the right 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.

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Refund Policy.

SECTION 5 – SHIPPING AND DELIVERY

We offer free standard shipping within the United States. Orders are processed within 1–3 business days (Monday–Friday, excluding U.S. public holidays). The estimated total delivery time is 8–14 business days from the date of purchase.

Delivery times are estimates only and may be affected by carrier delays, weather events, or high order volumes. For complete details, please refer to our Shipping Policy.

SECTION 6 – RETURNS AND REFUNDS

We offer a 30-day return window from the date of delivery. Items must be unworn, unused, with all original tags attached and in original packaging. Certain items (personalized items, worn hygiene products) are non-returnable.

For complete details on our return process, conditions, and refund timelines, please refer to our Refund & Return Policy.

SECTION 7 – CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at:

Store Name: Cicadias
Address: 1007 N Orange St 4th Fl 5080, Wilmington, DE 19801, United States
E-Mail: info@cicadias.com

SECTION 8 – INTELLECTUAL PROPERTY

The content on this Site, including but not limited to text, graphics, logos, images, and software, is the property of Cicadias and is protected by applicable intellectual property laws. You may not reproduce, distribute, modify, or create derivative works without our prior written consent.

SECTION 9 – DMCA NOTICE (COPYRIGHT INFRINGEMENT)

If you believe that any content on our Site infringes your copyright, please notify us with the following information:

  • A physical or electronic signature of the copyright owner or authorized agent
  • Identification of the copyrighted work claimed to have been infringed
  • Identification of the material that is claimed to be infringing, with its location on the Site
  • Your contact information (address, telephone number, and email)
  • A statement that you have a good faith belief that the use is not authorized by the copyright owner
  • A statement, under penalty of perjury, that the information in your notification is accurate

Please send DMCA notices to: info@cicadias.com

SECTION 10 – OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control. 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.

SECTION 11 – 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 of those websites.

SECTION 12 – RELATIONSHIP WITH SHOPIFY

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. Your data is stored through Shopify's data storage, databases, and the general Shopify application. They store your data on a secure server behind a firewall. For more information, please visit Shopify's Terms of Service and Privacy Policy.

SECTION 13 – PRIVACY POLICY

Your use of the Site is also governed by our Privacy Policy, which is incorporated into these Terms by this reference. Please review our Privacy Policy, which describes our practices concerning data collection, use, and disclosure.

SECTION 14 – FEEDBACK

If you send us ideas, suggestions, or feedback, you agree that we may use them without restriction or compensation to you. We are under no obligation to keep any feedback confidential.

SECTION 15 – 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, 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 is inaccurate at any time without prior notice.

SECTION 16 – MOBILE TERMS OF SERVICE

By using our mobile website or mobile features, you agree to these Terms. Standard message and data rates may apply for any messages sent to you from us and to us from you. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.

SECTION 17 – PROHIBITED USES

In addition to other prohibitions as set forth in these Terms, you are prohibited from using the Site or its content:

  • For any unlawful purpose
  • To solicit others to perform or participate in any unlawful acts
  • To violate any international, federal, provincial, or state regulations, rules, laws,or local ordinances
  • To infringe upon or violate our intellectual property rights or the intellectual property rights of others
  • To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate
  • To submit false or misleading information
  • To upload or transmit viruses or any other type of malicious code
  • To collect or track the personal information of others
  • To spam, phish, pharm, pretext, spider, crawl, or scrape

SECTION 18 – DISCLAIMER OF WARRANTIES

We do not guarantee, represent, or warrant that your use of our service will be uninterrupted, timely, secure, or error-free. 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.

SECTION 19 – LIMITATION OF LIABILITY

In no case shall Cicadias, 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.

SECTION 20 – INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Cicadias and our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees 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 21 – 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 22 – ENTIRE AGREEMENT AND WAIVER

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.

SECTION 23 – DISPUTE RESOLUTION: BINDING ARBITRATION & CLASS ACTION WAIVER

Informal Resolution: Before initiating any legal proceeding, you agree to first contact us at info@cicadias.com to attempt to resolve the dispute informally. We will try to resolve the dispute within 30 days of receiving your notice.

Binding Arbitration: If the dispute cannot be resolved informally, you and Cicadias agree to resolve any disputes through binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules. The arbitration shall take place in Wilmington, Delaware.

Class Action Waiver: You agree that any arbitration or legal proceedings shall be conducted on an individual basis only, and not as a class, collective, or representative action. You expressly waive your right to participate in a class action lawsuit or class-wide arbitration.

Governing Law: These Terms of Service shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions.

SECTION 24 – CHANGES TO TERMS OF SERVICE

We reserve the right 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 25 – ADDITIONAL POLICIES

CONTACT INFORMATION

Store Name: Cicadias
Address: 1007 N Orange St 4th Fl 5080, Wilmington, DE 19801, United States
E-Mail: info@cicadias.com
Customer Service Hours: Monday – Friday, 9:00 AM – 5:00 PM ET. We typically respond within 1–2 business days.