Terms of service

TERMS OF SERVICE

OVERVIEW

Welcome to WickeyWear! The terms "we", "us" and "our" refer to WickeyWear, a brand of Wickey Creative Group LLC. WickeyWear operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the "Services"). WickeyWear is powered by Shopify, which enables us to provide the Services to you.

The below terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms") describe your rights and responsibilities when you use the Services.

Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.

By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.

SECTION 1 - ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage.

To use the Services, including accessing or browsing our online store or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment and shipping information. You represent and warrant that all information you provide is correct, current and complete and that you have all rights necessary to provide this information.

You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign or license your account to another person.

SECTION 2 - OUR PRODUCTS

We have made every effort to provide an accurate representation of our products and services in our online store. However, colors or product appearance may differ from how they appear on your screen due to your device, monitor or display settings.

We do not warrant that the appearance or quality of any products or services purchased will be identical to how they appear or are rendered in our online store.

All product descriptions are subject to change at any time without notice at our discretion. We reserve the right to discontinue any product at any time and may limit the quantities of products offered to any person, geographic region or jurisdiction on a case-by-case basis.

Custom, Personalized and Made-to-Order Products

Certain products offered by WickeyWear may be custom, personalized, made-to-order, print-on-demand, or produced specifically for a school, team, organization, fundraiser, event, group or individual customer.

Customers are responsible for reviewing all product selections, including size, color, design, personalization, spelling and other options before submitting an order. Once an order has entered production, changes or cancellations may not be possible.

Return and exchange eligibility for these products is governed by our Return and Refund Policy.

Customer-Supplied Designs and Content

If you submit a name, logo, photograph, design, artwork, trademark, text or other material for use on a custom product, you represent that you own the material or have permission or authorization to use it for the requested purpose.

WickeyWear reserves the right to decline any custom order or design request.

SECTION 3 - ORDERS

When you place an order, you are making an offer to purchase. WickeyWear reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until WickeyWear confirms acceptance. We must receive and process your payment before your order is accepted.

Please review your order carefully before submitting it. Because many WickeyWear products are custom or made to order, we may be unable to accommodate cancellation or modification requests after an order has been accepted or entered production.

In the event that we do not accept, make a change to, or cancel an order, we will attempt to notify you using the contact information provided with your order.

Purchases are subject to our Return and Refund Policy.

You represent and warrant that your purchases are for your own personal or household use and not for unauthorized commercial resale or export.

SECTION 4 - PRICES AND BILLING

Prices, discounts and promotions are subject to change without notice. The price charged for a product or service will be the price in effect when the order is placed and will be shown in your order confirmation.

Unless otherwise expressly stated, posted prices do not include applicable taxes, shipping, handling, customs or import charges.

Prices offered through our online store may differ from prices offered through other sales channels, events, group orders, fundraisers or other purchasing arrangements.

We may offer promotions that affect pricing and that are governed by separate terms and conditions. If there is a conflict between the terms of a promotion and these Terms, the promotion terms will govern.

You agree to provide current, complete and accurate purchase, payment and account information for all purchases.

You represent and warrant that payment information you provide is accurate and that you are authorized to use the selected payment method.

SECTION 5 - SHIPPING AND DELIVERY

Processing and delivery times are estimates and are not guaranteed. Custom, personalized, made-to-order, school/team, group and print-on-demand products may require additional production time before shipment.

Orders containing products fulfilled from different locations or production partners may arrive in separate packages and at different times.

We are not responsible for delays caused by shipping carriers, weather, customs processing, high-volume periods or other circumstances outside our reasonable control.

Additional information regarding processing, shipping, pickup and delivery is available in our Shipping Policy.

SECTION 6 - INTELLECTUAL PROPERTY

Our Services, including but not limited to trademarks, brands, text, displays, images, graphics, product reviews, video, audio, designs and the selection and arrangement thereof, are owned by WickeyWear, Wickey Creative Group LLC, our affiliates or licensors and are protected by applicable intellectual property laws.

These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works from, publicly display, republish, download, store or transmit material from the Services without prior written consent, except as otherwise permitted by law.

Nothing in these Terms grants you a license or other rights to patents, trademarks, copyrights or other intellectual property belonging to WickeyWear, Wickey Creative Group LLC, Shopify or any third party.

WickeyWear's names, logos, product and service names, designs and slogans are trademarks or intellectual property of WickeyWear, Wickey Creative Group LLC or their licensors, as applicable. Shopify's intellectual property remains the property of Shopify. Other names, logos, designs and trademarks appearing through the Services may belong to their respective owners.

SECTION 7 - OPTIONAL TOOLS

You may be provided access to tools offered by third parties as part of the Services that we neither monitor nor control.

Such tools may be provided "as is" and "as available" without warranties, representations or conditions of any kind and without endorsement. To the extent permitted by law, we are not responsible for your use of optional third-party tools.

Any use of optional tools offered through the site is at your own discretion, and you should review the applicable third-party terms before using them.

We may offer new features, tools and resources through the Services in the future. Such features will also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS AND SERVICES

The Services may contain materials, functionality or links provided or operated by third parties. We are not responsible for examining or evaluating the content or accuracy of third-party materials or websites.

If you leave the Services to access third-party materials or websites, you do so subject to the third party's applicable terms and policies.

Please carefully review third-party policies before engaging in transactions with them.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

WickeyWear is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with WickeyWear. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and WickeyWear, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with WickeyWear.

SECTION 10 - PRIVACY POLICY

Personal information collected through the Services is handled in accordance with our Privacy Policy and, where applicable, Shopify's Privacy Policy.

Because the Services are hosted by Shopify, Shopify may collect and process personal information relating to your access to and use of the Services in order to provide and improve the Services.

Please review our Privacy Policy for additional information regarding how personal information is collected, used and shared.

SECTION 11 - FEEDBACK

If you submit, upload, post, email or otherwise transmit ideas, suggestions, feedback, reviews, proposals, plans or other content ("Feedback"), you grant us a worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback as permitted by applicable law.

You represent that you own or have the necessary rights to Feedback you submit and that your Feedback will not violate the intellectual property, privacy or other rights of a third party.

We may monitor, edit or remove Feedback that we determine violates these Terms or applicable law.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally information available through the Services may contain typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times or availability.

We reserve the right to correct errors, inaccuracies or omissions and to change or update information or cancel orders if information is inaccurate, including after an order has been submitted, subject to applicable law.

SECTION 13 - PROHIBITED USES

You may access and use the Services only for lawful purposes.

You may not use the Services to violate applicable laws or regulations; infringe intellectual property or other rights; harass, abuse, threaten or defame another person; transmit false or misleading information; distribute malware or harmful code; engage in fraudulent activity; collect personal information improperly; spam or phish; impersonate another person or entity; interfere with the operation or security of the Services; or engage in conduct that may harm WickeyWear, Shopify, our customers or other users.

We reserve the right to suspend or terminate access to the Services if we determine that these Terms have been violated.

SECTION 14 - AGENTS

If autonomous or semi-autonomous software or services ("Agents") access or interact with the Services on behalf of a person or entity, such Agents must identify themselves appropriately and comply with applicable technical restrictions and requirements.

Agents may not conceal or misrepresent automated activity, circumvent security measures, CAPTCHAs or access restrictions, or continue accessing the Services after being instructed not to do so.

We may limit or restrict how Agents access, use or interact with the Services.

SECTION 15 - TERMINATION

We may terminate this agreement or your access to the Services, or any portion thereof, in our discretion as permitted by applicable law. You will remain responsible for amounts properly due through the date of termination.

Provisions that by their nature should survive termination will continue to apply.

SECTION 16 - DISCLAIMER OF WARRANTIES

The information presented on or through the Services is provided for general informational purposes. We do not warrant the accuracy, completeness or usefulness of all information made available through the Services.

EXCEPT AS EXPRESSLY STATED BY WICKEYWEAR AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED.

Some jurisdictions do not permit certain warranty exclusions, so some of these limitations may not apply to you.

SECTION 17 - LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WICKEYWEAR, WICKEY CREATIVE GROUP LLC, OUR AFFILIATES, PARTNERS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SERVICE PROVIDERS AND LICENSORS, AND SHOPIFY AND ITS AFFILIATES, WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM OR RELATED TO YOUR USE OF THE SERVICES OR PRODUCTS PURCHASED THROUGH THE SERVICES.

Nothing in these Terms excludes or limits liability that cannot legally be excluded or limited.

SECTION 18 - INDEMNIFICATION

To the extent permitted by applicable law, you agree to indemnify, defend and hold harmless WickeyWear, Wickey Creative Group LLC, Shopify and our respective affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers from third-party claims, damages, liabilities or reasonable costs arising from your breach of these Terms, violation of applicable law or violation of another person's rights.

SECTION 19 - SEVERABILITY

If any provision of these Terms of Service is determined to be unlawful, void or unenforceable, the provision will be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion will be deemed severed without affecting the validity and enforceability of the remaining provisions.

SECTION 20 - WAIVER; ENTIRE AGREEMENT

Our failure to exercise or enforce a right or provision of these Terms does not constitute a waiver of that right or provision.

These Terms and the policies or operating rules posted through the Services constitute the agreement between you and us regarding your use of the Services and supersede prior agreements or communications concerning the same subject matter.

SECTION 21 - ASSIGNMENT

You may not transfer or assign these Terms or your rights or obligations under them without our prior written consent. We may transfer or assign our rights and obligations as permitted by applicable law.

SECTION 22 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide Services will be governed and construed in accordance with applicable federal law and the laws of the State of Illinois, without regard to conflict-of-law principles.

SECTION 23 - HEADINGS

The headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 24 - CHANGES TO TERMS OF SERVICE

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 portions of these Terms by posting updates to our website. Where required by applicable law, we will provide notice of material changes.

Your continued use of the Services after changes become effective constitutes acceptance of the updated Terms to the extent permitted by applicable law.

SECTION 25 - CONTACT INFORMATION

Questions about these Terms of Service or your use of our Services may be sent to us at:

WickeyWear
A brand of Wickey Creative Group LLC
Email: wickeywear@gmail.com

For questions regarding an order, custom apparel, school or team merchandise, or other WickeyWear products and services, please include your order number, if applicable, so we can assist you as quickly as possible.