Terms of Use
Effective Date: May 8, 2023
Hello, and thanks for visiting! Cyclesfashion Inc., which does business as Cyclesfashion, operates and provides online services and programs through www.cyclesfashion.com (the “Site”), the Cyclesfashion mobile app (the “App”), and our retail locations. We’ll refer to ourselves as “Cyclesfashion,” “we,” or “us” to keep things simple. We know these documents can be dense, but we want you to read this, so we’ll do our best to keep it clear. The Site, the App, our retail locations, and the services available through them will collectively be called the “Services.” These Terms of Use do not apply to professional optometry or medical services provided by our employed, affiliated, or independent optometrists or ophthalmologists (“Eye Doctors”), which may have their own separate terms and conditions.
Before using any of the Services, please read these Terms of Use (these “Terms”), our Privacy Policy, and any other policies and notices on the Site, App, or otherwise made available to you by Us. These documents contain terms, rules, and other guidelines related to your use of the Services. As a condition of accessing or using the Services, you agree to be bound by these Terms, so please do not use the Services if you disagree with any part of these Terms. Some parts of the Services may have additional terms, guidelines, or rules, and if you use those parts, the additional terms will also apply. Your use of the Services and our provision of the Services to you constitutes an agreement between you and Cyclesfashion to be bound by each of the terms, guidelines, and rules incorporated into these Terms. Because these Terms are legally binding, we want to make sure you fully understand them, so if you have any questions, contact Us at [email protected].
THESE TERMS INCLUDE A BINDING ARBITRATION AGREEMENT. YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND CYCLESFASHION RELATING TO THESE TERMS OR YOUR USE OF THE SERVICES WILL BE RESOLVED BY BINDING ARBITRATION, AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION. PLEASE SEE SECTION 18 (“DISPUTE RESOLUTION AND ARBITRATION”) FOR DETAILS.
1. We Reserve the Right to Update and Revise These Terms of Use at Any Time
Things change quickly, so we may occasionally revise these Terms to reflect developments in law or business operations. We reserve the right to update and revise these Terms at any time with seven days’ notice. We’ll provide notice by posting the updated Terms and updating the “Effective Date” at the top of this page. Please review these Terms regularly, as your continued use of the Services after seven days constitutes your acceptance of the revised Terms.
2. Eligibility
The Site is a general audience site available to users who can form legally binding agreements under applicable law and is not intended for use by anyone under the age of 13. Only individuals who are at least 18 years old and can form legally binding contracts may use the Services. However, if you are under 18 but at least 13 years old, you can use the Services only under the supervision of a parent or legal guardian. If you are younger than 13, you may not use the Services (though your parent or guardian can make purchases for you).
Your use of the Services means you represent and warrant that you meet the eligibility requirements outlined in these Terms. However, we may refuse to let certain people access or use the Services or change our eligibility criteria at any time.
We offer the Services for personal, noncommercial use, and not for the use or benefit of any third party (unless you are a parent or legal guardian using the Services for your minor child).
3. Privacy
Our Privacy Policy details how we collect and use your information. Please review it to understand how we handle your data.
4. Your Account
You may navigate some parts of the Services without creating an account (an “Account”); however, some Services, such as making a purchase, will require you to create an Account. You are solely responsible for all activity that occurs through your Account or your personal device in connection with the Services. You agree to provide complete, accurate, and up-to-date information for your Account at all times. If any information is incorrect or outdated, we are not responsible for resulting errors or delays.
Do not share your Account information, and do not use another person’s Account without permission. You are responsible for keeping your Account secure and for any consequences resulting from failing to do so.
For more information on how we handle your personal information, and how to delete your information, please review our Privacy Policy.
5. Our Relationship with Eye Doctors
Depending on the location, Cyclesfashion may provide administrative and management services to affiliated eye practices (“Affiliates”) and may have relationships with independent eye practices (“Independent Practices”). Although these entities are separate from Cyclesfashion, we may collaborate in some ways. To the extent Cyclesfashion provides Services related to these Affiliates or Independent Practices, such as appointment scheduling and reminders, these Terms apply to your use of such Services. However, these Terms do not apply to professional optometry or medical services provided by Affiliates, Independent Practices, or Eye Doctors employed by Cyclesfashion.
6. Home Try-On
Cyclesfashion offers a free five-day Home Try-On program. You may select five frames (sent with non-prescription lenses) to try at home for five days (the “Try-On Period”). If frames are not returned on time or are damaged, we may charge your credit card for the full amount of the frames. By submitting your Home Try-On order, you authorize Cyclesfashion to charge your card, and you agree to all other terms detailed on our Help page.
7. Getting Your Cyclesfashion Eyewear
a. Selecting Your Frames: Cyclesfashion offers eyeglasses and sunglasses with prescription and non-prescription lenses. To learn more about our lenses, visit the Lenses section on our Help page.
b. Your Prescription: If you are purchasing prescription eyewear, you can find the information we need to fill your prescription on our Help page. If your prescription information is incomplete, there may be delays in fulfilling your order.
c. Delivery Information: We need your name, address, and phone number to complete your order and send you your purchase. For more information on shipping, visit our Help page.
d. Payment Information: After selecting your eyewear and entering your prescription and shipping details, you will be prompted to provide payment information. By entering your payment information and submitting your order, you authorize us to charge the amount to your selected payment method.
e. Checking Order Status: Once your order is on its way, we will send you an email confirmation with tracking details. Feel free to contact us via email at [email protected] to check your order status.
f. Returns, Exchanges, and Lens Replacements: For more information, visit the Orders section on our Help page.
g. Insurance: For information on how to apply your insurance, click here.
8. Communicating with Cyclesfashion
a. Text Messages: By opting in to receive text messages from us, you agree to receive marketing messages. You can opt-out anytime by texting “STOP.” For more help, contact us at [email protected]. Text messages are not encrypted and may be vulnerable to interception. By texting us, you agree to receive unencrypted messages at your own risk.
b. Security: We take your privacy seriously, but emails and texts are not always secure. If you’re concerned about sensitive information, contact us by phone instead.
9. Intellectual Property
All content on the Services, including designs, illustrations, icons, and written materials, is the exclusive property of Cyclesfashion or its licensors and is protected by copyright laws. You may not use our intellectual property without written permission.
10. Right to Use the Services
Subject to these Terms, you have the right to access and use the Services for personal, non-commercial use. You also have the right to use one copy of the App on a compatible device you own or control.
11. Restrictions on Use
You may not interfere with the operation of the Services, resell the Services, reverse-engineer our content, or use any automated means to access the Services.
12. Content
a. User Content: By submitting User Content to Cyclesfashion, you grant us a license to use, modify, and distribute it. You retain ownership of your User Content, but we can use it as we see fit.
b. Representations About Your User Content: You warrant that you own or have the right to use any User Content you submit. Your content must not contain profanity, unauthorized advertising, or malicious software.
c. Communications: Any User Content you provide in public forums is not considered confidential.
d. Third-Party Content: Cyclesfashion is not responsible for third-party content.
e. Site Content: Content on our Site should not be considered medical advice.
13. Copyright Policy
If you believe someone has posted your work on the Services without permission, contact [email protected] with details.
14. Warranty Disclaimer
THE SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND. See our full disclaimer for details.
15. Limitation of Liability
To the fullest extent permitted by law, Cyclesfashion is not liable for any damages exceeding the greater of the fees paid or $500.
16. Termination
We may terminate your access to the Services at any time. Your obligations under these Terms continue after termination.
17. Governing Law
Regardless of where you’re located, the laws of the State of New York will govern these Terms and the relationship between you and Cyclesfashion as though you signed these Terms in New York, without regard to New York’s conflicts of law rules. If any provisions of these Terms are inconsistent with applicable law, those provisions will be superseded or modified only to the extent they are inconsistent. If a lawsuit or court proceeding is permitted under these Terms, both parties agree to submit to the exclusive jurisdiction of the federal or state courts in New York County, New York, for resolving any disputes arising out of or related to your use of the Services or breach of these Terms.
18. Dispute Resolution and Arbitration
a. Generally: In the interest of resolving disputes in a cost-effective manner, you and Cyclesfashion agree that every dispute arising out of or related to these Terms or your use of the Services will be resolved through binding arbitration. Arbitration is less formal than court proceedings and uses a neutral arbitrator rather than a judge or jury. Arbitrators can award the same damages as a court, but arbitration is often faster and less costly. By entering into these Terms, you and Cyclesfashion agree to waive the right to a trial by jury or to participate in a class action.
b. Exceptions: There are some exceptions to the arbitration agreement. You or Cyclesfashion may bring individual actions in small claims court, pursue enforcement actions through applicable federal, state, or local agencies, or file suit in a court of law for intellectual property infringement claims.
c. Arbitrator: Any arbitration between you and Cyclesfashion will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules and governed by the Federal Arbitration Act. The arbitrator has exclusive authority to resolve any disputes regarding the interpretation, applicability, or enforceability of this arbitration agreement.
d. Notice; Process: If you intend to seek arbitration, you must first send a written notice to Cyclesfashion at Cyclesfashion Inc., Attn: Legal Department, 233 Spring Street, 6th Floor East, New York, NY 10013. The notice must describe the nature of the dispute and the specific relief sought. Both parties will make good faith efforts to resolve the dispute directly, but if no resolution is reached within 30 days, either party may commence arbitration proceedings.
e. Fees: If you initiate arbitration in accordance with these Terms, Cyclesfashion will reimburse your filing fees, unless your claim exceeds $10,000. In that case, the AAA Rules will determine the payment of fees. Any arbitration hearings will take place in New York County, New York, unless you request a non-appearance or remote hearing.
f. No Class Actions: You and Cyclesfashion agree that disputes will be resolved on an individual basis and not as part of a class or representative action.
g. Modifications to Arbitration: If we make changes to this arbitration provision, you may reject the change by notifying us within 30 days. In that case, your account will be terminated, but the arbitration provision as it stood prior to the changes will remain in effect.
h. Enforceability: If the class action waiver in Section 18(f) is found unenforceable, this entire arbitration agreement will be void. In such a case, any legal action will be brought in the courts of New York County, New York.
19. Severability
If any part of these Terms is found to be invalid or unenforceable, that portion will be limited or removed to the minimum extent necessary. The remaining provisions will remain in full effect.
20. Consent to Electronic Communications
By using the Services, you consent to receive communications from us electronically, including via email. You agree that these communications satisfy any legal requirements that such communications be in writing. You may change your communication preferences by following the instructions in the “Your Choices” section of our Privacy Policy.
21. Notice Regarding Apple
To the extent that you are using the App on an iOS device, you acknowledge that these Terms are between you and Cyclesfashion only, not with Apple Inc. (“Apple”), and that Apple is not responsible for the Services or any related content. Apple has no obligation to provide maintenance or support for the Services, and any claims related to the Services will be directed to Cyclesfashion, not Apple. Additionally, in case of a failure of the Services to conform to any applicable warranty, you may notify Apple, and Apple will refund the applicable purchase price of the mobile app to you. However, Apple has no other warranty obligation with respect to the Services.
You represent and warrant that you are not located in a country that is subject to a U.S. Government embargo or designated as a “terrorist-supporting” country and that you are not listed on any U.S. Government list of prohibited or restricted parties.
22. Entire Agreement
These Terms, along with our Privacy Policy and any other applicable policies, constitute the entire agreement between you and Cyclesfashion and supersede any prior or contemporaneous agreements, whether electronic, oral, or written, with respect to the Services. Any rights not expressly granted herein are reserved.
23. Miscellaneous
We are not liable for any failure to perform our obligations under these Terms if the failure is caused by events outside of our control, such as natural disasters, governmental actions, or pandemics. You may not assign or transfer these Terms without our consent. We may assign or transfer our rights and obligations without your consent. These Terms do not create any agency, partnership, or joint venture between you and Cyclesfashion.
If we do not enforce any part of these Terms, it does not mean we waive our right to enforce that or any other part of these Terms in the future. Any waiver of compliance must be made in writing by an authorized representative.
The section headings in these Terms are for convenience only and do not affect the interpretation of the agreement.
Notice for California Users: Under California Civil Code Section 1789.3, California users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs can be contacted in writing at1517 SW Roxbury St, Seattle, WA 98106,United States. or by telephone at +1 206 914-0200.
How to Contact Us
For questions or concerns regarding these Terms or the Services, please contact us via email at [email protected], or by mail or telephone at: