Terms of Sale

2. Eligibility

You may purchase from us only if you are at least 18 years of age, have the legal capacity to enter into a binding contract, and are purchasing for your own personal, family, or household use and not for resale. Certain goods carry additional age requirements under Section 4.

By placing an order you represent and warrant that each statement in the preceding paragraph is true. We may cancel any order and refuse service where we reasonably believe it is not.

3. Where We Ship

We sell and ship only to addresses within the fifty United States and the District of Columbia. We do not currently accept orders from, or ship to, any other country or territory, and we do not ship to freight forwarders, package consolidators, or addresses whose purpose is onward export. We do not ship to APO, FPO, or DPO addresses.

If you place an order for delivery outside our stated shipping area, we may cancel it and refund the amount charged. Any order we do accept for delivery outside the United States is subject to Section 18.

You are the importer of record for any shipment crossing an international border and are solely responsible for all duties, taxes, customs charges, import licences, and compliance with the import laws of the destination. We make no representation that any product may lawfully be imported into, or possessed in, any jurisdiction outside the United States.

4. Restricted Products and Weapons Compliance

We sell training weapons and martial arts implements, including nunchaku. The legality of possessing, importing, carrying, or using these items varies by country, state, province, county, and municipality, and changes over time.

For any order containing a training weapon or martial arts implement, you represent and warrant that:

• you are at least 18 years of age;
• you have independently verified that your possession and intended use of the item is lawful at the shipping address and at any place you intend to use it;
• you are not prohibited by any law, court order, or condition of release from possessing the item;
• you will not resell, gift, or otherwise transfer the item to any person under 18 or to any person you know or reasonably should know is prohibited from possessing it; and
• you will not use the item to commit any unlawful act.

We do not provide legal advice on weapons law and we do not verify the law at your address. That obligation is yours alone. We may refuse or cancel any order, in whole or in part, at our sole discretion and without stating a reason, including where we believe delivery may be unlawful. Cancellation under this Section is our entire liability to you for that order.

A current list of destinations to which we do not ship particular products is published on our Shipping Policy page and may be updated from time to time.

5. Product Descriptions, Images, and Errors

We work to describe products accurately, but we do not warrant that any description, image, colour, dimension, weight, specification, price, or availability shown on the Website is complete, current, or free of error. Product photography is illustrative; colours vary between displays and between production runs. Many products are manufactured, stocked, and shipped by third parties, and specifications may change without notice to us.

Where a product is offered at an obviously incorrect price, or where a description contains a material error, we may correct the error, cancel the affected order, or decline to fulfil it, even after you have received an order confirmation and even after your payment method has been authorized or charged. Our sole obligation in that event is to notify you and refund any amount you have paid for the affected item.

Any statement about a product made by a manufacturer, supplier, contributor, reviewer, or third party is that party's statement, not ours, and does not create any warranty by us.

6. How an Order Becomes a Contract

A product listing on the Website is an invitation to make an offer, not an offer to sell. Your submission of an order is your offer to buy on these Sale Terms. An order confirmation acknowledges receipt of your offer; it is not acceptance.

A contract of sale forms only when we dispatch the goods and send you a shipment confirmation, and then only for the items identified in that confirmation. We may accept your order in part. Until dispatch we may decline or cancel your order for any reason, including unavailability, suspected fraud, an error under Section 5, a restriction under Section 3 or 4, or an order quantity that in our judgment is not for personal use.

7. Prices, Taxes, and Payment

Prices are in U.S. dollars and exclude shipping and applicable taxes, which are calculated and displayed before you submit your order. Prices may change at any time before your order is accepted. Sales tax is calculated based on the shipping address and applicable law.

By submitting an order you authorize us and our payment processor to authorize and charge your payment method for the total shown, including taxes and shipping. You represent that you are authorized to use the payment method presented. If your payment is declined, reversed, or charged back after dispatch, you remain liable for the price of the goods and any resulting fees, and we may suspend or close your account and withhold further shipments.

Before initiating a chargeback, you agree to contact us at [email protected] and give us a reasonable opportunity to resolve the matter.

8. Shipping, Title, and Risk of Loss

We ship by common carrier. Delivery estimates are estimates only and are not guarantees. Where we cannot ship within the time stated at checkout, or within 30 days if no time is stated, we will notify you and offer you the choice of consenting to the delay or cancelling for a full refund, consistent with the Federal Trade Commission's Mail, Internet, or Telephone Order Merchandise Rule.

Title and risk of loss pass to you upon our delivery of the goods to the carrier. As a matter of service and not of obligation, if a shipment is confirmed lost or is damaged in transit and you notify us within 14 days of the carrier's last tracking event, we will pursue a carrier claim and, at our option, replace the goods or refund you. Shipments recorded by the carrier as delivered are your responsibility.

You must inspect goods promptly on receipt and notify us of any shortage, visible damage, or misshipment within 7 days. Goods not rejected within that period are accepted.

9. Returns, Cancellations, and Refunds

Returns are governed by our Return Policy, which is incorporated into these Sale Terms. Returns require a return authorization obtained in advance; unauthorized returns may be refused or returned to you at your cost.

For health, hygiene, and safety reasons, certain goods are not returnable once opened or used — including mouthguards and other oral or intimate-contact protective equipment, hand wraps and other items worn against the skin, and any training weapon whose tamper-evident packaging has been opened. This does not affect your rights in respect of goods that are damaged, defective, or not as described.

10. Assumption of Risk — Read Before Using Any Product

COMBAT SPORTS, MARTIAL ARTS, STRIKING, GRAPPLING, SPARRING, AND WEAPONS TRAINING ARE INHERENTLY DANGEROUS ACTIVITIES. THEY CARRY A RISK OF SERIOUS INJURY, PERMANENT DISABILITY, AND DEATH, INCLUDING CONCUSSION AND OTHER TRAUMATIC BRAIN INJURY. NO PRODUCT WE SELL ELIMINATES THAT RISK.

You expressly acknowledge and agree that:

• Protective equipment reduces, but does not prevent, injury. No headgear, mouthguard, glove, shin guard, chest protector, or other item we sell is represented as preventing concussion, brain injury, fracture, dental injury, or any other injury.
• Unless a specific product page states that the item is certified to a named standard by a named body, no product we sell is certified, tested, or approved to any safety standard, and no product is medical equipment, personal protective equipment within the meaning of any occupational safety regulation, or a medical device.
• You must read and follow the manufacturer's instructions and warnings supplied with each product, and use each product only for its stated purpose.
• You must inspect each product before every use and remove it from service at the first sign of wear, cracking, stitching failure, padding compression, chain or cord fatigue, or other degradation. Protective and impact equipment is consumable and must be replaced periodically regardless of appearance.
• You must not modify, repair, weight, sharpen, or alter any product, and you must not use any product with a component it was not supplied with.
• Persons under 18 must use these products only under the direct supervision of a qualified adult instructor.
• You should consult a physician before beginning any training programme.

YOU VOLUNTARILY ASSUME ALL RISK OF INJURY, LOSS, AND DAMAGE ARISING FROM YOUR USE OF THE GOODS AND FROM YOUR PARTICIPATION IN TRAINING OR COMPETITION, WHETHER OR NOT YOU ARE USING GOODS PURCHASED FROM US. Nothing in this Section limits any liability that cannot be limited under applicable law, including liability for a defective product under applicable product liability law.

11. Disclaimer of Warranties

WE MAKE NO WRITTEN WARRANTY ON THE GOODS WE SELL. THE GOODS ARE SOLD “AS IS” AND “WITH ALL FAULTS.”

TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE GOODS, WHETHER EXPRESS, IMPLIED, STATUTORY, OR ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTY OF MERCHANTABILITY, THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND THE IMPLIED WARRANTY OF NON-INFRINGEMENT. WE DO NOT WARRANT THAT ANY PRODUCT WILL BE SUITABLE FOR SPARRING, COMPETITION, INSTRUCTION, OR ANY OTHER PARTICULAR APPLICATION, OR THAT IT WILL PROTECT YOU FROM INJURY.

Where a manufacturer provides its own warranty on a product, that warranty runs from the manufacturer to you and not from us. We will, on request, pass through to you any transferable manufacturer warranty rights we hold, and will identify the manufacturer so you can pursue them directly. We are not the guarantor of any manufacturer warranty.

Some states and jurisdictions do not allow the exclusion of implied warranties or limit how long an implied warranty lasts. In those jurisdictions the exclusions above apply only to the fullest extent permitted, any implied warranty is limited in duration to the shortest period permitted by law, and you may have other rights that vary from jurisdiction to jurisdiction.

12. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY, ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, CONTRACTORS, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, BUSINESS OPPORTUNITY, TRAINING TIME, COMPETITIVE OPPORTUNITY, OR GOODWILL, ARISING OUT OF OR RELATING TO THE GOODS OR THESE SALE TERMS, UNDER ANY THEORY OF LIABILITY INCLUDING CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR WARRANTY, AND WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO ANY ORDER WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU ACTUALLY PAID US FOR THE SPECIFIC GOODS GIVING RISE TO THE CLAIM, OR (B) FIFTY U.S. DOLLARS (US$50).

Your exclusive remedies for goods that are defective, damaged, or not as described are, at our option, repair, replacement, or refund of the purchase price. If that remedy is found to fail of its essential purpose, our liability remains subject to the monetary cap above to the fullest extent permitted by law.

The exclusions and limits in this Section do NOT apply to: (i) claims for death or personal injury arising from the goods, to the extent such a limitation would be unenforceable or unconscionable under applicable law, including in the case of consumer goods; (ii) our gross negligence, recklessness, fraud, fraudulent misrepresentation, or wilful misconduct; or (iii) any other liability that cannot lawfully be excluded or limited. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above may not apply to you.

You acknowledge that the price of the goods reflects this allocation of risk, and that we would not sell at these prices without it.

13. Your Indemnity

You agree to defend, indemnify, and hold harmless the Company and its members, managers, officers, employees, contractors, and agents from and against any third-party claim, suit, action, liability, loss, cost, or expense (including reasonable attorneys' fees) arising out of or relating to: (i) your unlawful possession, carriage, transfer, or use of any product; (ii) your breach of the representations in Section 2 or Section 4; (iii) your resale or onward transfer of any product; (iv) your modification or misuse of any product, or your use of a product after visible degradation; or (v) your breach of these Sale Terms. This Section does not require you to indemnify us against our own gross negligence or wilful misconduct.

14. Safety Notices and Recalls

If we become aware of a safety issue or a recall affecting a product you purchased, we will use reasonable efforts to notify you at the email address associated with your order, and will cooperate with the U.S. Consumer Product Safety Commission as required by law. You are responsible for keeping your contact details current and for acting promptly on any safety notice you receive. Stop using any recalled product immediately.

15. Dispute Resolution

15.1 Talk to us first

Before either of us starts any legal proceeding, the complaining party must send a written notice of dispute — to [email protected] if you are complaining, or to the email address on your account if we are — describing the dispute and the relief sought, and must allow 60 days for the other party to resolve it. This step is a condition precedent to filing suit. The limitation period in Section 17 is tolled while the 60 days runs. Nothing in this Section prevents either party from seeking immediate injunctive relief to protect intellectual property or to prevent irreparable harm.

15.2 Exclusive forum

Any dispute, claim, or controversy arising out of or relating to these Sale Terms or to any goods you purchase from us — whether based in contract, tort, statute, fraud, misrepresentation, product liability, or any other legal theory, and whether arising before, during, or after termination of these Sale Terms — must be brought exclusively in the Court of Common Pleas of Montgomery County, Pennsylvania, or in the United States District Court for the Eastern District of Pennsylvania, and in no other forum.

You and the Company each irrevocably consent to the personal jurisdiction of those courts, agree that they are a convenient and appropriate forum, and waive any objection based on lack of personal jurisdiction, improper venue, or forum non conveniens. You agree that service of process may be made on you by email to the address on your account, to the extent permitted by law.

15.3 Jury trial waiver

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND THE COMPANY EACH KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVE ANY RIGHT TO A TRIAL BY JURY IN ANY ACTION, PROCEEDING, OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THESE SALE TERMS OR TO ANY GOODS PURCHASED FROM US. EACH PARTY ACKNOWLEDGES THAT THIS WAIVER IS A MATERIAL INDUCEMENT TO THE OTHER TO ENTER INTO THIS AGREEMENT AND THAT EACH HAS HAD THE OPPORTUNITY TO CONSULT COUNSEL.

15.4 Individual claims only

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND THE COMPANY EACH AGREE TO BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE PROCEEDING. Claims of more than one customer may not be consolidated or joined without the written consent of all parties.

This Section 15.4 is severable from the rest of Section 15. If a court of competent jurisdiction holds it unenforceable as to any claim or request for relief, that holding does not affect Sections 15.1, 15.2, 15.3, or 15.5, each of which remains in full force, and the affected claim proceeds on a representative basis in the forum specified in Section 15.2. This Section does not waive any right to relief that applicable law provides may not be waived, including any right to public injunctive relief.

Notwithstanding Section 15.2, either party may bring an individual claim in a small claims court of competent jurisdiction, including a small claims court in the county of your residence, so long as the claim remains individual and in that court.

15.6 Survival

This Section survives completion of your order, closure of your account, and termination of these Sale Terms. If we revise this Section, the revision does not apply to any dispute of which we had written notice under Section 15.1 before the revision took effect.

16. Governing Law and Forum

These Sale Terms and any dispute arising from them are governed by the laws of the Commonwealth of Pennsylvania, without regard to its conflict-of-laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Venue and forum are governed by Section 15.2: the Court of Common Pleas of Montgomery County, Pennsylvania, or the United States District Court for the Eastern District of Pennsylvania.

17. Time Limit on Claims

To the fullest extent permitted by law, any claim arising out of or relating to these Sale Terms or to goods purchased from us must be commenced within ONE (1) YEAR after the cause of action accrues, or it is permanently barred. Some jurisdictions do not permit the shortening of a limitation period; where that is so, the statutory period applies.

18. Buyers Outside the United States

We do not currently sell or ship outside the United States. If we accept an order for delivery outside the United States, then, notwithstanding anything to the contrary in these Sale Terms:

• nothing in these Sale Terms deprives you of the protection of any mandatory provision of the law of your country of habitual residence that cannot be derogated from by agreement, or of the right to bring proceedings in the courts of that country where applicable law gives you that right;
• if you are a consumer in the United Kingdom or the European Economic Area, your statutory rights — including rights as to satisfactory quality, fitness for purpose, and conformity with description, and any statutory right of withdrawal — apply in addition to these Sale Terms and are not excluded or limited by Sections 11, 12, or 15;
• if you are a consumer in Australia, our goods come with guarantees that cannot be excluded under the Australian Consumer Law, and nothing in Sections 11 or 12 excludes, restricts, or modifies those guarantees;
• if you are a consumer resident in a jurisdiction whose law restricts or prohibits forum selection clauses, jury waivers, or class action waivers in consumer contracts, Section 15 does not apply to you to that extent.

19. Force Majeure

We are not liable for any delay or failure in performance caused by events beyond our reasonable control, including acts of God, natural disaster, epidemic, war, civil unrest, labour dispute, carrier failure, supplier or manufacturer failure, customs action, utility or telecommunications failure, cyberattack, or government action.

20. Electronic Contracting and Records

You consent to transact with us electronically and to receive all agreements, notices, disclosures, receipts, and other communications from us in electronic form. You agree that your act of checking the acceptance box and submitting your order constitutes your electronic signature under the U.S. Electronic Signatures in Global and National Commerce Act and comparable state law, and has the same legal effect as a handwritten signature.

You agree that our records of your acceptance — including the timestamp, the version number, the acceptance text displayed, and the cryptographic fingerprint of the Sale Terms as published at that time — are admissible as evidence of this agreement, and that you will not contest their admissibility on the ground that they are electronic. You may request a copy of your acceptance record at any time. You may withdraw consent to electronic communications by contacting us, but we will then be unable to accept orders from you.

21. Changes to These Sale Terms

We may revise these Sale Terms at any time by publishing a new version with a new version number and effective date. The version you accepted at checkout governs that order, and no later revision applies retroactively to a completed order. A revised version applies only to orders placed after its effective date, and you will be asked to accept it at your next checkout. We retain prior versions and will supply the version applicable to any order on request.

22. General

If any provision of these Sale Terms is held invalid, illegal, or unenforceable, it will be limited or reduced to the minimum extent necessary so that the remainder stays in effect, except as provided in Section 15.3. Our failure to enforce any provision is not a waiver of it. You may not assign these Sale Terms or any order without our prior written consent; we may assign them without restriction. There are no third-party beneficiaries. Sections 4, 8, 10, 11, 12, 13, 15, 16, 17, and 20 survive completion, cancellation, or termination.

Together with the documents incorporated in Section 1, these Sale Terms are the entire agreement between you and the Company with respect to goods purchased from the Website, and supersede all prior understandings on that subject.

23. Contact

Fighting Arts Health Lab LLC
425 Fayette Street #425
Conshohocken, PA 19428
United States
Telephone: (610) 608-4859
Email: [email protected].