Terms of service

OVERVIEW

This website is operated by Illicit State LLC. Throughout the site, the terms “we,” “us,” and “our” refer to Illicit State LLC.

Illicit State LLC operates this website and online store, including all related information, content, features, tools, products, and services offered through it (collectively, the “Services”). Our store is powered by Shopify, which provides the e-commerce platform that enables us to offer the Services to you.

These Terms of Service, together with any policies referenced in them, describe your rights and responsibilities when accessing or using the Services.

Please read these Terms carefully. They contain important information regarding pre-orders, shipping timelines, final-sale purchases, warranty disclaimers, limitations of liability, and dispute resolution.

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

SECTION 1 — ELIGIBILITY, ACCESS, AND ACCOUNTS

By agreeing to these Terms, you represent that you are at least the age of majority in your state, province, or country of residence, or that you have the consent of a parent or legal guardian to use the Services.

You may be required to provide information including your name, email address, billing information, payment information, and shipping address. You represent that all information you provide is accurate, current, and complete.

You are responsible for maintaining the confidentiality and security of your account credentials and for all activity conducted through your account.

You may not transfer, sell, assign, or license your account to another person.

SECTION 2 — PRODUCTS AND PRODUCT INFORMATION

We make reasonable efforts to display our products accurately. However, colors, washes, textures, distressing, measurements, hardware, prints, and other details may appear differently depending on your device, screen settings, lighting, and manufacturing variation.

Minor differences in color, wash, distressing, stitching, fabric texture, measurements, print placement, or hardware are normal and are not necessarily manufacturing defects.

Product descriptions, pricing, availability, specifications, and images may be changed at any time without notice.

We reserve the right to discontinue products, limit quantities, restrict sales by person or location, or refuse orders where permitted by law.

We do not guarantee that every product will meet a customer’s personal expectations regarding fit, appearance, texture, or styling.

SECTION 3 — PRE-ORDERS

Unless expressly stated otherwise on the applicable product page, all products sold by Illicit State LLC are pre-order items.

Pre-order products typically require approximately 4–7 weeks for production and fulfillment before shipment.

Production, material sourcing, manufacturing, quality-control, customs, import, freight, or other unexpected delays may extend the fulfillment timeline to approximately 8–11 weeks.

All production and fulfillment timelines are estimates and are not guaranteed delivery dates.

By placing a pre-order, you acknowledge and agree that:

  • The product may not be immediately available for shipment.
  • Production normally takes approximately 4–7 weeks.
  • Certain delays may extend fulfillment to approximately 8–11 weeks.
  • Your payment may be collected at the time the order is placed.
  • An estimated timeline is not a guaranteed shipment or delivery date.

If we determine that we cannot ship within the disclosed or subsequently updated timeframe, we will provide notice and the options required by applicable law.

Under federal rules, when a seller cannot ship within the promised timeframe, the seller generally must obtain the customer’s agreement to the delay or provide a refund for the unshipped merchandise.

SECTION 4 — ORDERS AND ORDER ACCEPTANCE

Submitting an order constitutes an offer to purchase products from Illicit State LLC.

An order is not accepted until we confirm it and successfully process payment. We reserve the right to accept, reject, limit, or cancel an order for reasons including:

  • Product availability
  • Pricing or listing errors
  • Suspected fraud
  • Payment problems
  • Resale activity
  • Shipping restrictions
  • Violation of these Terms

If we reject or cancel an order after payment has been processed, we will issue any refund required by applicable law.

Please carefully review product selections, sizing, quantities, shipping details, and billing information before completing your purchase.

We cannot guarantee that order changes, address changes, size changes, cancellations, or modifications can be made after an order is submitted.

Products are sold for personal or household use unless we expressly approve otherwise. You may not purchase products for unauthorized commercial resale or export.

SECTION 5 — CANCELLATIONS, RETURNS, AND EXCHANGES

Except where required by applicable law, all sales are final.

Because pre-order products are placed into production based on release demand, orders generally cannot be canceled, refunded, exchanged, or modified after they have been placed.

We do not accept returns, exchanges, refunds, or size changes for:

  • Incorrect sizing selected by the customer
  • Change of mind
  • Accidental purchases
  • Failure to review the product description
  • Failure to review the pre-order timeline
  • Personal dissatisfaction with fit or appearance
  • Delays that remain within the disclosed estimated timeframe

Customers are responsible for reviewing all product descriptions, sizing information, prices, and estimated fulfillment timelines before purchasing.

If you receive an incorrect product, an incorrect size compared with what you ordered, or an item with a manufacturing defect, contact us at illicitstatellc@gmail.com within 7 days after delivery.

Your message should include:

  • Your full name
  • Your order number
  • A clear explanation of the issue
  • Clear photographs of the product
  • Photographs of the packaging
  • A photograph of the shipping label

Items that have been worn, washed, altered, damaged after delivery, or returned without prior approval may not qualify for a remedy.

Approved claims may be resolved through repair, replacement, store credit, or refund, as appropriate and subject to applicable law.

Nothing in this section limits any non-waivable consumer rights. California allows merchants to maintain limited or no-refund policies when those policies are clearly disclosed, but mandatory legal rights still apply.

Customers located in the European Union may have statutory withdrawal and consumer-guarantee rights that cannot be waived by these Terms. Online consumers in the EU generally have a 14-day withdrawal period after receiving goods, subject to applicable exceptions.

SECTION 6 — PRICING, DISCOUNTS, AND PAYMENT

Prices, discounts, promotions, and product availability may change without notice.

The price charged will be the price displayed at checkout when the order is placed, subject to correction of obvious errors.

Unless expressly stated otherwise, product prices do not include applicable taxes, shipping charges, customs duties, tariffs, brokerage fees, or import charges.

You are responsible for all taxes, duties, customs charges, and import-related expenses imposed by your location, unless otherwise stated during checkout.

Discount codes:

  • Must be entered correctly at checkout
  • May have expiration dates
  • May be limited to one use per customer
  • May apply only to eligible products or order values
  • May not be combined unless expressly permitted
  • Have no cash value
  • May be canceled or changed where legally permitted

We reserve the right to reject, reverse, or cancel improperly obtained, duplicated, abused, or unauthorized discounts.

You represent that you are authorized to use the payment method submitted with your order and that the payment information is complete and accurate.

SECTION 7 — SHIPPING AND DELIVERY

Orders are shipped after production, fulfillment, and quality-control checks are completed.

Pre-order products generally require approximately 4–7 weeks before shipment and may require approximately 8–11 weeks when affected by production, import, material, customs, or other unexpected delays.

Orders containing multiple products may be shipped together after all products are ready. This means the entire order may follow the timeline of the product requiring the longest fulfillment period.

Once an order ships, you will receive a shipping confirmation email containing available tracking information.

Delivery times after shipment are estimates provided by the carrier and are not guaranteed.

Customers are responsible for providing a complete and accurate shipping address at checkout.

We cannot guarantee that an address can be changed after an order has been placed.

If an order is returned because of an incomplete, incorrect, or undeliverable address, the customer may be responsible for additional shipping charges before the order is sent again.

Original shipping charges are non-refundable except where required by law.

After an order is transferred to the carrier, delivery is managed by that carrier. To the extent permitted by law, Illicit State LLC is not responsible for:

  • Carrier delays
  • Customs delays
  • Missed delivery attempts
  • Packages marked as delivered
  • Packages stolen after delivery
  • Packages left unclaimed
  • Incorrect addresses provided by customers
  • Damage occurring while a package is in the carrier’s possession

Customers should contact the carrier directly regarding tracking or delivery issues and submit a carrier claim where appropriate.

We will provide available documentation reasonably needed to assist with a carrier investigation.

SECTION 8 — INTERNATIONAL ORDERS

International orders may be subject to customs inspections, duties, tariffs, taxes, brokerage fees, and import restrictions.

Unless expressly collected at checkout, these costs are the customer’s responsibility.

We are not responsible for delays caused by customs authorities or a customer’s failure to pay required import charges.

Customers are responsible for determining whether an item may legally be imported into their country.

If an international package is refused, abandoned, or returned because duties were not paid, any refund will be handled according to applicable law and may be reduced by non-refundable shipping, return, customs, or carrier costs where permitted.

SECTION 9 — RISK OF LOSS

Risk of loss will pass according to applicable law.

Nothing in these Terms is intended to transfer risk to a consumer earlier than permitted by mandatory consumer-protection law.

To the extent permitted, responsibility for loss after confirmed delivery rests with the recipient.

SECTION 10 — INTELLECTUAL PROPERTY

The Services and their contents—including trademarks, brand names, logos, designs, text, graphics, photographs, videos, product images, audio, page layouts, product descriptions, and other materials—are owned by or licensed to Illicit State LLC and are protected by applicable intellectual-property laws.

You may use the Services only for personal, non-commercial purposes.

Without prior written permission, you may not:

  • Copy or reproduce our content
  • Modify or create derivative works
  • Republish or redistribute content
  • Use product images commercially
  • Scrape or extract website data
  • Use our trademarks or branding
  • Misrepresent an affiliation with Illicit State LLC
  • Sell counterfeit or unauthorized Illicit State products

No rights or licenses are granted except those expressly stated in these Terms.

“Illicit State,” associated logos, product names, designs, and slogans may be trademarks of Illicit State LLC or its licensors.

SECTION 11 — OPTIONAL AND THIRD-PARTY TOOLS

The Services may provide access to tools, applications, payment services, integrations, or other features operated by third parties.

We do not control every third-party service and provide access to them on an “as is” and “as available” basis.

Your use of third-party tools may be subject to separate terms and privacy policies.

We are not responsible for losses caused solely by a third party’s independent actions, except where liability cannot legally be excluded.

SECTION 12 — THIRD-PARTY LINKS

The Services may contain links to websites or services operated by third parties.

We do not guarantee the accuracy, security, availability, policies, or practices of third-party websites.

You access and use third-party websites at your own risk.

Questions or disputes regarding third-party products or services should be directed to the applicable provider.

SECTION 13 — RELATIONSHIP WITH SHOPIFY

Illicit State LLC is powered by Shopify, which provides the e-commerce platform used to operate the Services.

All purchases made through our store are transactions directly between you and Illicit State LLC.

Shopify is not the seller of our products and is not responsible for fulfillment, product quality, delivery, refunds, or customer-service obligations relating to purchases from Illicit State LLC.

To the extent permitted by law, you release Shopify and its affiliates from claims arising solely from transactions between you and Illicit State LLC.

SECTION 14 — PRIVACY

Personal information collected through the Services is handled according to our Privacy Policy.

Because our store is hosted by Shopify, Shopify and approved service providers may process information necessary to operate the store, process payments, prevent fraud, deliver orders, provide marketing services, and improve the Services.

Your information may be processed in countries other than the country where you live, subject to applicable data-protection laws.

Please review our Privacy Policy for additional information.

SECTION 15 — MARKETING COMMUNICATIONS

Where permitted by law and with any required consent, we may send promotional emails or text messages.

Consent to receive marketing communications is not a condition of purchase.

You may unsubscribe from emails using the unsubscribe link included in the message.

You may opt out of promotional text messages by replying STOP, where supported.

Message and data rates may apply.

Transactional communications relating to orders, shipping, account security, or customer service may still be sent when necessary.

SECTION 16 — FEEDBACK, REVIEWS, AND USER CONTENT

If you submit reviews, photographs, videos, comments, ideas, suggestions, or other content, you grant Illicit State LLC a non-exclusive, worldwide, royalty-free, transferable, and sublicensable license to use, reproduce, modify, publish, distribute, display, and promote that content in any media, subject to applicable law.

You represent that:

  • You own or control the rights required to submit the content
  • The content is accurate based on your experience
  • The content does not violate another party’s rights
  • Any compensation or incentive connected with a review has been properly disclosed
  • The content is not unlawful, threatening, defamatory, obscene, fraudulent, or malicious

We may remove content that violates these Terms or applicable law.

SECTION 17 — ERRORS, INACCURACIES, AND OMISSIONS

The Services may occasionally contain errors or omissions involving:

  • Product descriptions
  • Prices
  • Promotions
  • Availability
  • Shipping charges
  • Fulfillment estimates
  • Images
  • Product specifications

We reserve the right to correct errors, update information, or cancel affected orders where permitted by law.

If an order is canceled because of our pricing or listing error, we will provide any refund required by law.

SECTION 18 — PROHIBITED USES

You may not use the Services:

  • For unlawful, fraudulent, or malicious activity
  • To violate applicable laws or regulations
  • To infringe intellectual-property or privacy rights
  • To harass, threaten, abuse, or defame others
  • To submit false or misleading information
  • To distribute spam or malicious code
  • To impersonate another person or entity
  • To interfere with website security or functionality
  • To bypass access restrictions
  • To scrape, crawl, extract, or collect data without authorization
  • To purchase products using stolen or unauthorized payment information
  • To engage in fraudulent chargebacks
  • To resell products commercially without authorization
  • To use bots or automated purchasing tools where prohibited by us

We may restrict or terminate access where we reasonably believe these Terms have been violated.

SECTION 19 — AUTOMATED AGENTS

Automated or semi-automated software may not access or interact with the Services in a manner that:

  • Conceals its automated nature
  • Circumvents CAPTCHAs or access controls
  • Interferes with site performance
  • Extracts data without authorization
  • Attempts to imitate human activity to bypass restrictions
  • Violates our robots instructions or technical safeguards

We may restrict automated access through technical or legal measures.

SECTION 20 — TERMINATION

We may suspend or terminate access to the Services when reasonably necessary because of fraud, abuse, security threats, legal requirements, or violations of these Terms.

Termination does not eliminate payment obligations or other liabilities incurred before termination.

Provisions that logically should survive termination—including intellectual property, disclaimers, limitations of liability, indemnification, governing law, and dispute provisions—will remain effective.

SECTION 21 — DISCLAIMER OF WARRANTIES

To the fullest extent permitted by law, the Services and products are provided on an “as is” and “as available” basis.

Except for warranties that cannot legally be excluded, we disclaim express and implied warranties, including warranties of merchantability, fitness for a particular purpose, durability, title, and non-infringement.

We do not guarantee that:

  • The Services will always be uninterrupted or error-free
  • Product colors will appear identical on every device
  • Every product will meet subjective expectations
  • All defects or website errors will be corrected immediately

Some jurisdictions do not allow certain warranty exclusions, so portions of this section may not apply to you.

SECTION 22 — LIMITATION OF LIABILITY

To the fullest extent permitted by law, Illicit State LLC and its owners, officers, employees, contractors, agents, licensors, and service providers will not be liable for indirect, incidental, special, punitive, exemplary, or consequential damages, including lost profits, lost revenue, loss of data, loss of opportunity, or replacement costs arising from use of the Services or products.

Where liability cannot be fully excluded, our total liability will be limited to the amount paid for the product or order giving rise to the claim, except where a different limitation is required by law.

Nothing in these Terms excludes liability that cannot legally be excluded, including liability for fraud, intentional misconduct, or other mandatory consumer rights.

SECTION 23 — INDEMNIFICATION

To the extent permitted by law, you agree to indemnify and hold harmless Illicit State LLC and its affiliates, owners, officers, employees, agents, contractors, licensors, and service providers from third-party claims, liabilities, losses, and reasonable legal costs arising from:

  • Your violation of these Terms
  • Your violation of applicable law
  • Your infringement of another party’s rights
  • Your misuse of the Services

This obligation does not apply to losses caused solely by Illicit State LLC’s unlawful conduct.

SECTION 24 — SEVERABILITY

If any provision of these Terms is determined to be unlawful, invalid, or unenforceable, that provision will be enforced to the maximum extent permitted and the remaining provisions will remain in effect.

SECTION 25 — WAIVER AND ENTIRE AGREEMENT

A failure to enforce any provision of these Terms does not waive our right to enforce it later.

These Terms and the policies incorporated by reference constitute the entire agreement between you and Illicit State LLC regarding use of the Services.

If these Terms conflict with a specifically stated promotion or product term, the more specific term will control for that transaction, subject to applicable law.

SECTION 26 — ASSIGNMENT

You may not assign or transfer your rights or obligations under these Terms without our prior written consent.

We may assign these Terms as part of a merger, acquisition, restructuring, asset sale, or transfer of the business, subject to applicable law.

SECTION 27 — GOVERNING LAW AND VENUE

These Terms are governed by the laws of the State of California and applicable federal law, without regard to conflict-of-law principles.

Subject to any mandatory consumer-protection or jurisdictional rights, disputes arising from these Terms or the Services will be brought in the appropriate state or federal courts serving San Luis Obispo County, California.

Nothing in this section removes any right that a consumer cannot legally waive in their country, state, or province of residence.

SECTION 28 — CHANGES TO THESE TERMS

We may revise these Terms from time to time by publishing an updated version on this page.

Material changes will become effective when stated in the updated Terms or when otherwise communicated as required by law.

Your continued use of the Services after an updated version becomes effective constitutes acceptance of the revised Terms, except where affirmative consent is legally required.

SECTION 29 — CONTACT INFORMATION

Questions regarding these Terms should be directed to:

Illicit State LLC
2293 Santa Ynez Avenue
San Luis Obispo, CA 93405
United States

Email: illicitstatellc@gmail.com
Phone: 714-376-5942

VAT number: Not registered