Terms of service

OVERVIEW

Welcome to The Fighting Man Co.

These Terms of Service explain the terms that apply when you visit thefightingman.com, create an account, place an order, purchase products or otherwise use our website and services.

The terms “we”, “us” and “our” refer to The Fighting Man Co.

Our online store is hosted by Shopify, which provides the ecommerce platform that allows us to sell our products to you.

By using our website or placing an order, you agree to these Terms of Service together with our Privacy Policy, Return and Refund Policy and any other policies made available on our website.

Nothing in these Terms is intended to exclude or restrict any rights you have under applicable consumer law.

1. ELIGIBILITY AND ACCOUNTS

You must be legally capable of entering into a contract in order to purchase from us.

You may browse our website without creating an account. If you create an account, you are responsible for keeping your login details secure and for activity carried out through your account.

You must provide accurate, current and complete information when placing an order or creating an account.

We may suspend or restrict an account where we reasonably believe it is being used fraudulently, unlawfully or in breach of these Terms.

2. OUR PRODUCTS

We make reasonable efforts to ensure that product descriptions, photographs, colours, measurements and other information shown on our website are accurate.

However, colours and appearance can vary depending on the screen, device and display settings you use.

Where clothing measurements or size guides are provided, they are intended to help you select the appropriate size but minor manufacturing tolerances may occur.

We may change or discontinue products, designs, colours or sizes at any time.

All products are subject to availability.

Nothing in this section affects your statutory rights where goods are faulty, damaged, not as described or otherwise fail to meet the standards required by law.

3. ORDERS

When you place an order, you are offering to purchase the products shown in your order.

You are responsible for checking your order details, including product, size, colour, delivery address and contact information, before completing checkout.

We reserve the right to decline or cancel an order where reasonably necessary, including where:

a product is unavailable;
there has been an obvious pricing or listing error;
payment cannot be authorised;
we suspect fraud or misuse;
we cannot deliver to the requested location; or
accepting the order would breach applicable law.

If we cancel an order after payment has been taken, we will refund the relevant amount.

Your rights to cancel, return or receive a refund are explained in our Return and Refund Policy, which forms part of these Terms.

4. PRICES AND PAYMENT

Prices are displayed in the currency applicable to your market where supported.

The total amount payable to us, including delivery charges and any taxes that we collect, will be shown before you submit your order.

Payment must be made using one of the payment methods available at checkout.

Payments may be processed through Shopify Payments, PayPal or another payment provider made available through our checkout.

We do not directly store your complete payment-card details.

For international orders, customs duties, import taxes or similar charges may apply depending on the destination country. Where these amounts are not collected by us at checkout, they may be charged separately by the relevant authority or carrier.

We may change prices at any time, but changes will not affect orders that have already been accepted.

5. SHIPPING AND DELIVERY

Products may be produced and fulfilled on our behalf by third-party fulfilment partners.

Delivery estimates are provided in good faith but are estimates unless we expressly state otherwise.

Delays can occasionally occur because of carriers, customs processing, production delays, adverse weather or circumstances outside our reasonable control.

Where applicable law requires a particular delivery period, we will comply with that requirement. For UK consumer orders, unless another delivery period has been agreed, goods will normally be delivered without undue delay and within the period required by law.

Goods remain at our risk until they come into your physical possession, or into the possession of another person you have identified to receive them on your behalf, except where applicable law provides otherwise.

If an order appears to be lost, please contact us at support@thefightingman.com so that we can investigate with the carrier and fulfilment provider.

Nothing in this section limits your statutory rights relating to late, lost or damaged deliveries.

6. RETURNS, REFUNDS AND OUR 30-DAY GUARANTEE

Purchases are covered by our Return and Refund Policy.

We also provide our own 30-Day Guarantee on qualifying clothing purchases.

This guarantee is offered in addition to your statutory rights and does not replace or restrict them.

UK customers purchasing eligible goods online generally have statutory cancellation rights as well as separate rights where goods are faulty, not as described or not fit for purpose.

Full details, including how to request a refund, replacement or assistance with a damaged or incorrect order, are set out in our Return and Refund Policy.

7. GIFT CARDS

Where gift cards are available, they may be used towards eligible purchases through our online store.

Unless otherwise stated at the time of purchase, gift cards currently expire 12 months from the date of issue.

Gift cards cannot normally be exchanged for cash except where required by law.

Lost, stolen or incorrectly entered gift-card details may not be replaceable where the balance has already been used.

Any applicable statutory rights remain unaffected.

8. INTELLECTUAL PROPERTY

Unless otherwise stated, the content of our website — including The Fighting Man Co. name, branding, logos, artwork, designs, graphics, photographs, text and other original content — is owned by or licensed to The Fighting Man Co.

You may use the website for your personal and non-commercial use.

You must not reproduce, sell, distribute, modify or commercially exploit our content without our prior written permission, except where permitted by law.

Third-party names, trademarks and intellectual property remain the property of their respective owners.

9. THIRD-PARTY SERVICES AND LINKS

Our website may use or link to third-party services, including payment providers, fulfilment providers, delivery companies, social-media platforms and other websites.

We are not responsible for the content or practices of independent third-party websites that we do not control.

Your use of third-party services may also be subject to the terms and privacy policies of those providers.

Nothing in this section limits any responsibility that we cannot lawfully exclude.

10. RELATIONSHIP WITH SHOPIFY

The Fighting Man Co. is powered by Shopify, which provides the ecommerce technology used to operate our online store.

However, purchases made through our store are transactions directly between you and The Fighting Man Co.

Shopify is not the seller of our products.

Shopify may process information and provide services necessary to operate the website and checkout, as explained in our Privacy Policy and Shopify's applicable privacy information.

11. PRIVACY

Our collection and use of personal information is governed by our Privacy Policy, available on our website.

Because our store is hosted by Shopify, certain information may also be processed by Shopify and other service providers that help us operate our store, process payments, fulfil orders, provide customer accounts and deliver products.

Please read our Privacy Policy for more information about how personal information is collected, used, shared and protected.

12. REVIEWS, FEEDBACK AND CUSTOMER CONTENT

If you voluntarily submit a review, photograph, comment, suggestion or other content to us, you confirm that you have the right to provide it.

Where you submit content for publication or promotional use, you grant us a non-exclusive, worldwide, royalty-free licence to use, reproduce and display that content for purposes connected with operating and promoting The Fighting Man Co.

We will not knowingly use customer content in a way that conflicts with applicable privacy or consumer law.

You must not submit content that is unlawful, defamatory, abusive, discriminatory, infringing, fraudulent or contains malicious software.

13. ERRORS AND INACCURACIES

Occasionally our website may contain typographical errors, incorrect product information, inaccurate availability information or pricing mistakes.

We may correct errors and update information when we identify them.

If an error materially affects an order you have placed, we will contact you where appropriate and provide any options or remedies required by law.

14. PROHIBITED USES

You must not use our website:

for unlawful or fraudulent purposes;
to infringe our rights or the rights of another person;
to distribute malware or harmful software;
to interfere with the security or operation of the website;
to obtain information through unauthorised scraping, hacking or automated access;
to impersonate another person;
to submit deliberately false or misleading information; or
in any manner that violates applicable law.

We may restrict access where we reasonably believe the website is being misused.

15. AVAILABILITY OF THE WEBSITE

We aim to keep our website available and functioning correctly, but we cannot guarantee uninterrupted access.

We may temporarily suspend access for maintenance, security, upgrades or circumstances outside our reasonable control.

We are not responsible for temporary interruptions that could not reasonably have been prevented, but nothing in these Terms limits any rights you have under applicable law.

16. OUR RESPONSIBILITY TO YOU

Nothing in these Terms excludes or limits liability where doing so would be unlawful.

In particular, nothing excludes or restricts liability for:

death or personal injury caused by negligence where liability cannot legally be excluded;
fraud or fraudulent misrepresentation;
your statutory consumer rights; or
any other liability that cannot lawfully be excluded or restricted.

If we fail to comply with these Terms, we are responsible for loss or damage that is a foreseeable result of our breach or our failure to use reasonable care and skill.

We are not responsible for loss or damage that was not reasonably foreseeable.

If you are purchasing products primarily for personal use, we are not responsible for business losses such as loss of profits, revenue, business opportunities or business interruption arising from your use of the products.

Nothing in these Terms affects remedies available to you under consumer law.

17. EVENTS OUTSIDE OUR CONTROL

We will not be responsible for delays or failures caused by events outside our reasonable control.

These may include severe weather, transport disruption, industrial disputes, government action, customs delays, network failures, natural disasters or disruption affecting third-party fulfilment and delivery services.

Where such an event materially affects your order, we will take reasonable steps to minimise the effect and will provide any remedies required by applicable law.

18. TERMINATION OR RESTRICTION OF WEBSITE ACCESS

We may suspend or terminate access to our website or customer accounts where we reasonably believe there has been fraud, unlawful activity, abuse, security risk or a serious breach of these Terms.

Termination does not affect rights or obligations that arose before termination.

19. SEVERABILITY

If any provision of these Terms is found to be unlawful or unenforceable, the remaining provisions will continue to apply.

The affected provision will be interpreted or limited only to the extent necessary to make it lawful and enforceable where possible.

20. NO WAIVER

If we delay exercising a right under these Terms, that does not mean we have waived that right.

21. TRANSFER OF RIGHTS

You may not transfer your rights or obligations under these Terms to another person without our written consent.

We may transfer our rights or obligations where reasonably necessary in connection with the operation, sale or restructuring of our business, provided that doing so does not reduce your rights under these Terms or applicable law.

22. GOVERNING LAW AND JURISDICTION

These Terms are governed by the laws of England and Wales.

If you are a consumer resident elsewhere, this choice of law does not deprive you of any mandatory consumer protections that apply in the country where you live.

If you are a consumer, you may bring legal proceedings in any court that has jurisdiction under applicable law.

Nothing in this section limits any rights you have regarding dispute resolution or access to the courts.

23. CHANGES TO THESE TERMS

We may update these Terms occasionally to reflect changes to our business, services or applicable law.

The current version will be published on our website together with the date it was last updated.

Changes will not retrospectively remove rights that have already arisen under an order.

Where required by law, we will provide appropriate notice of material changes.

24. ENTIRE AGREEMENT

These Terms, together with our Privacy Policy, Return and Refund Policy, Shipping Policy and any other terms expressly applicable to your purchase, form the agreement between you and us relating to your use of the store and your order.

If any part of these Terms conflicts with mandatory consumer law, the applicable consumer law will take priority.