Terms of service

OVERVIEW
Welcome to Fight Gear! The terms “we”, “us” and “our” refer to Fight Gear. Fight Gear 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”). Fight Gear 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
You must be at least 18 to place an order in your own name. If you are under 18, you may use the Services with the permission and supervision of a parent or legal guardian, who should place any order for you.
To use the Services, including accessing or browsing our online stores 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 the information you provide in our stores 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 any other person.

SECTION 2 - OUR PRODUCTS
We have made every effort to provide an accurate representation of our products and services in our online stores. However, please note that colors or product appearance may differ from how they may appear on your screen due to the type of device you use to access the store and your device settings and configuration.
Differences caused by screen settings do not affect your right to receive products that match their description and are of satisfactory quality and fit for purpose, as explained in Section 15.
We may update product descriptions for future orders. Changes will not alter the description or other terms agreed for an order we have already accepted without your agreement. We reserve the right to discontinue any product at any time and may limit the quantities of any products that we offer to any person, geographic region or jurisdiction, on a case-by-case basis.

SECTION 3 - ORDERS
When you place an order, you are making an offer to purchase. Fight Gear reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until Fight Gear confirms acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting. If you need to change an accepted order, contact us promptly. This does not limit your legal right to cancel an online purchase or your remedies if we fail to fulfil the contract. In the event that we do not accept, make a change to, or cancel an order, we will attempt to notify you by contacting the e‑mail, billing address, and/or phone number provided at the time the order was made.
Our Refund Policy explains returns and exchanges, including your legal cancellation and faulty-goods rights. It does not replace or restrict those rights.
You represent and warrant that your purchases are for your own personal or household use and not for 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 at the time the order is placed and will be set out in your order confirmation email. Displayed product prices include all applicable taxes. Any delivery charges and other charges payable to us will be shown before you place your order, together with the total amount payable. If customs or import charges may apply and cannot reasonably be calculated in advance, we will tell you before you order that they may be payable.
Prices posted in our online stores may be different from prices offered in physical stores or in online or other stores operated by third parties. We may offer, from time to time, promotions on the Services that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for 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 made at our stores. You agree to promptly update your account and other information, including your email address, credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
You represent and warrant that (i) the credit card information you provide is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay the total shown before you place your order, including applicable taxes and the delivery charges for your selected service.

SECTION 5 - SHIPPING AND DELIVERY
We will deliver within the agreed time or period. If no delivery time is agreed, we will deliver without undue delay and within 30 days after the contract is made. If a delay occurs, we will contact you and take reasonable steps to resolve it.
If we miss the delivery deadline, you can require delivery within an additional period appropriate to the circumstances. If we still do not deliver, you can end the contract. You can end it immediately if we refuse to deliver or if delivery by the deadline was essential in the circumstances or you told us this before the contract was made. We will refund payments for a contract ended on these grounds without undue delay. Other legal remedies remain available.
The goods remain our responsibility until you, or someone you nominate to receive them, takes physical possession. If you independently arrange a carrier we did not offer as a delivery option, responsibility passes when we hand the goods to that carrier. Your rights against that carrier are unaffected.

SECTION 6 - INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, and the design, selection, and arrangement thereof, are owned by Fight Gear, its affiliates or licensors and are protected by applicable copyright, trade mark, patent and other intellectual property laws, including those of the United Kingdom.
These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Services without our prior written consent, except where applicable law permits you to do so. Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting a license or other rights to you under any patent, trademark, copyright, or other intellectual property of Fight Gear, Shopify or any third party. Unauthorised use of the Services may infringe intellectual property rights. Nothing in this section restricts any use or exception permitted by applicable law. All rights not expressly granted herein are reserved by Fight Gear.
Fight Gear’s names, logos, product and service names, designs, and slogans are trademarks of Fight Gear or its affiliates or licensors. You must not use such trademarks without the prior written permission of Fight Gear, except where applicable law permits you to do so. Shopify’s name, logo, product and service names, designs and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.

SECTION 7 - OPTIONAL TOOLS
We may provide access to optional tools operated by independent third parties. Access to a tool does not, by itself, mean that we endorse it. Please read the provider’s terms and privacy information before choosing to use it.
We do not control independent third-party tools and cannot promise their availability or performance. However, this does not exclude our legal responsibility for our own acts or omissions, for tools or services we have agreed to supply as part of your order, or for suppliers, agents or subcontractors acting on our behalf. The consumer rights and responsibilities described in Sections 15 and 16 continue to apply.
We may offer new features through the Services in future, including new tools and resources. These Terms will apply to your use of those features, subject to Section 23 and any specific terms clearly provided before you choose to use them.

SECTION 8 - THIRD-PARTY LINKS
The Services may contain links to independent third-party websites or materials, including embedded third-party features. We do not control those independent websites and a link does not, by itself, mean we endorse their content. Please read the provider’s terms and privacy information before using their services or making a separate purchase from them.
For a purchase you make directly from an independent third party, please direct questions about that purchase to the relevant seller. If a problem concerns an order with Fight Gear or a service we have agreed to provide, contact us. This section does not exclude our legal responsibility for our own acts or omissions or for suppliers, agents or subcontractors acting on our behalf, and does not restrict the rights and responsibilities described in Sections 15 and 16.

SECTION 9 - RELATIONSHIP WITH SHOPIFY 
Fight Gear 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 Fight Gear. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Fight Gear, 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 Fight Gear.

SECTION 10 - PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, which can be viewed here, and certain personal information may be subject to Shopify’s Privacy Policy, which can be viewed here. By using the Services, you acknowledge that you have read these privacy policies.
Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services for you. Information you submit to the Services will be transmitted to and shared with Shopify as well as third parties that may be located in other countries than where you reside, in order to provide services to you. Review our privacy policy for more details on how we, Shopify, and our partners use your personal information.

SECTION 11 - FEEDBACK
If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including for commercial use. We may, for example, use our rights under this license to operate, provide, evaluate, enhance, improve and promote the Services and to perform our obligations and exercise our rights under the Terms of Service.
You also represent and warrant that: (i) you own or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives received in connection with your submission of Feedback; and (iii) your Feedback will comply with these Terms. We are and shall be under no obligation (1) to maintain your Feedback in confidence; (2) to pay compensation for your Feedback; or (3) to respond to your Feedback.
We may, but have no obligation to, monitor, edit or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your Feedback will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Feedback will not contain libelous or otherwise unlawful, abusive or obscene Feedback, or contain any computer virus or other malware that could in any way affect the operation of the Services or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Feedback. You are solely responsible for any Feedback you make and its accuracy. We take no responsibility and assume no liability for any Feedback posted by you or any third-party.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally, information on the Services may contain errors or omissions concerning matters such as product descriptions, prices, promotions, delivery charges, delivery times or availability. We may correct website information for future orders.
If an error affects an order you have placed, we will contact you promptly to explain it. If we have not yet accepted the order, we may ask whether you wish to proceed on corrected terms or decline the order and refund any payment taken. Once we have accepted an order, we will not change its agreed terms without your agreement or cancel it unless we have a lawful basis to do so. We will explain any proposed change or cancellation and refund payments for any order we cancel without undue delay. Your legal cancellation rights and remedies remain available.

SECTION 13 - PROHIBITED USES
You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any applicable laws or regulations; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or harm any of our employees or any other person; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, download, use, or re-use any material that does not comply with the these Terms; (g) to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation; (h) to impersonate or attempt to impersonate any other person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm Fight Gear, Shopify or users of the Services, or expose them to liability.
In addition, you agree not to: (a) upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services; (b) reproduce, duplicate, copy, sell, resell or exploit any portion of the Services; (c) collect or track the personal information of others; (d) spam, phish, pharm, pretext, spider, crawl, or scrape; or (e) interfere with or circumvent the security features of the Services or any related website, other websites, or the Internet. We may take proportionate action against misuse of the Services as described in Section 14. A restriction on your account does not remove your rights concerning an existing order.

SECTION 14 - TERMINATION
We may restrict or end your account or access to the Services if you seriously or repeatedly breach these Terms, or where reasonably necessary to prevent fraud, unlawful activity or a security risk, or to comply with the law. We will give reasonable notice and, where the problem can be put right, a reasonable opportunity to do so. We may act immediately where urgent security concerns, serious misuse or a legal requirement make prior notice inappropriate, and will explain the action as soon as reasonably possible unless the law prevents us from doing so.
Restricting or ending access does not by itself cancel an accepted order or remove your rights under it. We may cancel an accepted order only where we have a lawful basis, and will refund payments for goods or services not supplied without undue delay. You remain responsible only for amounts properly due. Your rights to refunds and other legal remedies remain available.
The following sections will continue to apply following any termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.

SECTION 15 - DISCLAIMER OF WARRANTIES
When you buy as a consumer, the law requires the products we supply to be of satisfactory quality, fit for their normal purpose and any particular purpose you make known to us where you reasonably rely on our skill or judgment, and as described. Any services we supply must be performed with reasonable care and skill.
If a product is faulty, misdescribed or unfit for purpose, you may be entitled to a refund, repair, replacement or price reduction, depending on the circumstances and the time since delivery. These rights exist independently of any manufacturer’s warranty or guarantee. Our Refund Policy explains how to contact us about a problem and does not limit those rights.
We take reasonable care with the information on our website. General information does not replace the instructions supplied with a product or individual professional advice where needed. We cannot promise that the website will always be available or free from technical errors, but this does not remove our responsibility for the products and services we supply or our obligations under your order.

SECTION 16 - LIMITATION OF LIABILITY
We are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our failure to use reasonable care and skill. A loss is foreseeable if it was an obvious consequence or if, when the contract was made, you and we knew it could happen.
We do not exclude or limit responsibility for death or personal injury caused by our negligence or that of our employees, agents or subcontractors; fraud or fraudulent misrepresentation; your legal rights concerning the products and services we supply; or any other responsibility that the law does not allow us to exclude or limit.
Subject to those protections, we are not responsible for losses that were not reasonably foreseeable when the contract was made or were not caused by our breach or failure to use reasonable care and skill. We supply products under these Terms for personal and household use, and we are not responsible for business losses such as lost business profits, business revenue or business opportunities.

SECTION 17 - INDEMNIFICATION
If you breach these Terms, you are responsible for losses we reasonably incur as a foreseeable result of that breach. We will take reasonable steps to reduce our losses. You are not responsible under this section for losses caused by our breach, negligence or other fault, or the fault of anyone acting on our behalf.
You are not required to defend us or any third party against claims, or to pay legal costs merely because you use the Services. Any responsibility for legal costs will be determined by applicable law and, where relevant, the court. This section does not restrict your consumer rights or require you to compensate us for exercising them.

SECTION 18 - 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 19 - WAIVER; ENTIRE AGREEMENT
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 and governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
For consumer contracts, if a term can reasonably have more than one meaning, the meaning most favourable to the consumer applies. Nothing in this section excludes information, representations or promises on which you are legally entitled to rely.

SECTION 20 - ASSIGNMENT
You may not delegate, transfer or assign this Agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt will be null and void. We may transfer our rights and obligations under these Terms as part of a sale or reorganisation of our business, provided this does not reduce your rights, increase your costs or weaken the protection available to you. We will tell you about a transfer affecting an outstanding order. If it would materially disadvantage you, you may cancel that order without penalty and receive a refund of payments for goods or services not supplied.

SECTION 21 - GOVERNING LAW
These Terms and contracts for purchases from Fight Gear are governed by the law of England and Wales. If you are a consumer, this choice does not take away any mandatory protections of the law of the country where you normally live that apply to your purchase.
You may bring a claim in the courts of England and Wales. If you live in Scotland or Northern Ireland, you may also bring a claim in your local courts. Nothing in these Terms removes any other right you have under applicable law to bring proceedings in the courts where you live. We will bring proceedings against a consumer only in a court permitted by the applicable consumer jurisdiction rules.

SECTION 22 - HEADINGS
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 23 - CHANGES TO TERMS OF SERVICE
You can review the current Terms of Service on this page. We may update these Terms for future use of the website and future orders, for example to reflect changes in the law or the Services we offer. We will identify when an update takes effect and give reasonable advance notice of material changes affecting your use of the Services. Where a legal requirement or urgent security issue requires a change sooner, we will give notice as soon as reasonably possible.
Changes apply only from their effective date. An order already accepted remains governed by the terms agreed when it was accepted, unless you expressly agree to a change or the law requires one. A later website update or your continued use of the website does not change an existing order or remove any rights or remedies you already have.

SECTION 24 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at [email protected].
Our contact information is posted below:
Fight Gear 
[email protected]
2 Clive Street, Caerphilly, CF83 1GE
02921 358521
Company Number - 16421096