Terms & Conditions

This website is operated by Forty Four Merchandise. Throughout the site, the terms "we", "us" and "our" refer to Forty Four Merchandise. By accessing www.fortyfourmerchandise.com ("Site"), or purchasing from us, you agree to be bound by the following Terms and Conditions ("Terms"). These Terms apply to all users of the site, including without limitation browsers, customers, and contributors of content (collectively, the "Services").

Please read these Terms carefully before using our website. If you do not agree, you may not access or use the Services.

Our store is hosted on Amazon Web Services (AWS), which provides the online e-commerce platform that allows us to sell our products and Services to you.

1. Online Store Terms

By using this site, you confirm that you are at least the age of majority in your state of residence, or that you are the parent or legal guardian of a minor and consent to their use of this site.

You may not use our products or Services for any unlawful or unauthorized purpose, nor may you violate any applicable laws in your use of the Service.

2. General Conditions

We reserve the right to refuse service to anyone at any time for any reason.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service without our express written permission.

3. Accuracy of Information

We are not responsible if information on this site is not accurate, complete, or current. Any reliance on this material is at your own risk.

4. Modifications to Service and Pricing

Prices and product availability may change at any time without notice.

We reserve the right to modify or discontinue the Service (or any part of it) without notice at any time.

5. Products and Services

• We offer merchandise, apparel, and related products for sale.
• Certain products or services may be available exclusively online and may have limited quantities.
• All descriptions, images, and pricing are subject to change at any time without notice.
• We make reasonable efforts to display product colors and images accurately, but we cannot guarantee that your device's display will reflect the exact appearance.
• We reserve the right to limit quantities or discontinue products at our discretion.

6. Orders and Payment

• By placing an order, you agree that all information provided is accurate and complete.
• Items personalized with your artwork, logo, or text are produced to order and cannot be returned unless defective. You are responsible for the accuracy of any content you submit and represent that you hold the necessary rights to use it.
• We reserve the right to refuse or cancel any order for any reason, including suspected fraud or pricing errors.
• Payment must be made at checkout using approved payment methods.
• Applicable sales taxes will be charged as required by U.S. law.
• By making a purchase, you agree to the Returns and Refund policy.

7. Shipping and Delivery

All purchases are made pursuant to a shipment contract. Shipping costs and estimated delivery times are calculated at checkout. All delivery dates are estimates only and are not guaranteed.

• Risk of loss and title for items pass to you upon our transfer of the products to the shipping carrier.
• We are not responsible for delays caused by shipping carriers, customs processing (if applicable), or events beyond our reasonable control, including but not limited to weather, natural disasters, or service interruptions.
• We are not responsible for lost or stolen packages once confirmed as delivered to the address provided by the customer.

8. Returns and Refunds

To initiate a return, you must contact our customer service team at Inquiries@fortyfourmerchandise.com with your order details.

a. Change of Mind Returns

If you've changed your mind, we offer returns or exchanges within 30 days of delivery date confirmed by the carrier. Customers are responsible for return shipping costs unless the item is defective or incorrect.

To be eligible for a return, items must:

• Include your order number
• Be in original packaging with all components included
• Be unused, unopened, and in resalable condition

Certain items may also be marked for final sale at the time of purchase and are not eligible for return or exchange unless faulty.

Custom or personalized items are non-returnable unless they arrive defective or damaged.

If your return is approved:

• Refunds will be issued to your original payment method
• Original shipping costs are non-refundable
• Return shipping costs are the responsibility of the customer
• Please allow 14 business days for refund processing after inspection

Returns that do not meet the above conditions will not be accepted.

b. Defective or Damaged Items

If your item arrives faulty, damaged, or incorrect, please contact us within 14 days. Faulty or damaged item claims must be reported within 14 days of delivery.

We will assess the issue and, where applicable, offer a:

• Replacement
• Refund
• Exchange

This does not include damage caused by misuse, normal wear and tear, or failure to follow provided instructions.

If a refund is approved due to a fault or error, we will also refund any original shipping costs.

9. Product Use Disclaimer

All products sold by Forty Four Merchandise are intended for general consumer use only.

Our apparel and merchandise are not intended for specialized, professional, or safety-critical use unless explicitly stated.

We make no guarantees that our products are suitable for any specific purpose, beyond general, everyday wear.

Customers are responsible for reviewing product descriptions, sizing information, and care instructions prior to purchase.

Some products may contain materials, dyes, or components that could cause sensitivities or allergic reactions. We are not responsible for such reactions.

Improper use, alteration, or failure to follow care instructions may result in damage for which we are not liable.

10. Billing and Account Information

You agree to provide current, complete and accurate purchase and account information for all transactions.

We reserve the right to refuse, cancel or limit orders that appear to be fraudulent, duplicated, unauthorized activity, or placed by resellers.

If you create an account:

• You are responsible for maintaining the confidentiality of your login credentials
• You agree to notify us immediately of unauthorized use
• We reserve the right to suspend or terminate accounts at our discretion

11. Third-Party Tools and Links

We may provide access to third-party tools or links. We do not monitor or control these third-party services and are not responsible for their content, accuracy, or functionality. Your use of third-party services is at your own risk and subject to the terms and conditions of those providers.

12. User Content

If you submit reviews, feedback, or other content, you grant us a non-exclusive, worldwide, royalty-free, perpetual, irrevocable license to use, reproduce, modify, publish, and display such content in connection with our business.

You agree that your content will not violate any third-party rights or applicable laws.

13. Intellectual Property

All content on this Site, including but not limited to text, graphics, logos, images, product names, designs, and other creative assets, is owned by or licensed to Forty Four Merchandise and is protected by applicable copyright, trademark, and other intellectual property laws. Such content may not be copied, reproduced, distributed, modified, or otherwise used without our prior written permission.

"Forty Four Merchandise" and all associated branding elements are trademarks (or pending trademarks) of Forty Four Merchandise. Unauthorized use, reproduction, or distribution is strictly prohibited. You may not use our trademarks in connection with any product or service that is not ours, in any manner that is likely to cause confusion, or in any way that disparages or discredits us.

Except as expressly provided in these Terms, nothing grants you any license or right to use any of our intellectual property. All rights not expressly granted are reserved.

Any product examples, mockups, or designs displayed on the Site that may include third-party names, logos, or trademarks are shown solely for illustrative or demonstrative purposes. Their inclusion does not imply any affiliation with, endorsement by, or relationship with the respective trademark owners. Such examples are intended only to demonstrate potential customization or personalization options and to provide inspiration.

14. Copyright Infringement (DMCA)

If you believe content on our site infringes your copyright, please submit a notice including:

• Identification of the copyrighted work
• URL of the infringing material
• Your contact information
• A statement of good faith belief
• A statement under penalty of perjury

Notices should be sent to: Inquiries@fortyfourmerchandise.com

15. Personal Information

Your submission of personal information is governed by our Privacy Policy.

16. Errors and Inaccuracies

We reserve the right to correct any errors, inaccuracies, or omissions and to update information or cancel orders if any information is inaccurate at any time without prior notice.

If we discover an error in pricing or availability, we reserve the right to cancel or refuse orders, including after an order has been submitted.

17. User Conduct

You agree not to use the site or its content:

• For any unlawful purposes
• To violate intellectual property rights
• To harass, defame or abuse others
• To transmit harmful code or interfere with the operation or security of the Site
• To submit false or misleading information
• To collect or track personal data unlawfully

We reserve the right to terminate your use of the Service for violating any prohibited use. We may restrict sales or shipping to certain jurisdictions due to regulatory or logistics considerations.

18. Disclaimer of Warranties

The Site, Services, and all products offered by Forty Four Merchandise are provided on an "as is" and "as available" basis, without warranties of any kind, whether express, implied, statutory, or otherwise.

To the fullest extent permitted by applicable law, Forty Four Merchandise expressly disclaims all warranties, including, without limitation:

• Any implied warranty of merchantability;
• Any implied warranty of fitness for a particular purpose;
• Any warranty of title or non-infringement;
• Any warranty arising from course of dealing, course of performance, or usage of trade; and
• Any warranty regarding the accuracy, reliability, completeness, or availability of the Site, Services, or products.

Without limiting the foregoing, Forty Four Merchandise does not warrant or guarantee that:

• The Site or Services will be uninterrupted, secure, timely, or error-free;
• Any defects, errors, viruses, or other harmful components will be detected or corrected;
• The Site, Services, or products will meet your expectations, requirements, or intended purposes; or
• Product descriptions, images, pricing, inventory information, or other content on the Site will be accurate, complete, or current at all times.

You acknowledge and agree that your use of the Site and Services, and your purchase and use of any products, are undertaken solely at your own risk. Some jurisdictions do not allow the exclusion of certain warranties, so portions of this section may not apply to you.

19. Limitation of Liability

To the fullest extent permitted by applicable law, Forty Four Merchandise shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, revenue, data, or business opportunities, arising out of or related to your use of, or inability to use, the Site, services, or products.

In no event shall our total cumulative liability to you for any claims arising out of or relating to these Terms, the Site, or any products purchased exceed the amount you paid to us in the twelve (12) months preceding the event giving rise to the claim.

This limitation applies regardless of the form of action, whether in contract, tort (including negligence), strict liability, or otherwise, even if we have been advised of the possibility of such damages.

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

20. Indemnification

You agree to indemnify, defend, and hold harmless Forty Four Merchandise and its affiliates from any claim or demand arising out of your breach of these Terms or your violation of any law or third-party rights.

21. Dispute Resolution; Arbitration

Any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Site, services, or products shall be resolved by binding individual arbitration, and not in a court of law, except that either party may seek injunctive or equitable relief in a court of competent jurisdiction for claims involving intellectual property infringement or misuse.

You agree that arbitration will be conducted on an individual basis only, and you waive any right to participate in a class action, class-wide arbitration, or representative proceeding.

The arbitration shall be administered by the American Arbitration Association (AAA) in accordance with its Consumer Arbitration Rules then in effect. Arbitration shall take place in New Jersey, unless otherwise required by applicable law or mutually agreed by the parties.

You and Forty Four Merchandise agree that this arbitration provision is governed by the Federal Arbitration Act (FAA) and is intended to be broadly interpreted and enforced.

22. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of New Jersey, without regard to its conflict of law principles.

Any disputes not subject to arbitration shall be resolved exclusively in the state or federal courts located in New Jersey, and you consent to the jurisdiction of such courts.

23. Electronic Communications

By using our Services, you consent to receive communications from us electronically, including emails and notices posted on the website.

24. Changes to Terms

We reserve the right to update or modify these Terms at any time. Changes will be effective immediately upon posting. Your continued use of the website constitutes acceptance of those changes.

25. Force Majeure

We shall not be liable for any failure or delay in performance due to events beyond our reasonable control, including but not limited to natural disasters, pandemics, labor disputes, supply chain disruptions, governmental actions, or internet service failures.

26. Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions shall remain in full force and effect.

27. Waiver

Any failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

28. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Forty Four Merchandise and supersede any prior agreements or communications.

29. Contact Information

For questions about these Terms, please contact us at: Inquiries@fortyfourmerchandise.com

Forty Four Merchandise

last updated: 05/06/26