Terms of service

OVERVIEW

Welcome to Martyrdom! The terms "we", "us" and "our" refer to Martyrdom, a trading name of Spearhead Studios Ltd. Martyrdom 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"). Martyrdom 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

By agreeing to these Terms of Service, you represent that you are at least 18 years old, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage.

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 colours 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.

We do not warrant that the appearance of any products or services purchased by you will be identical to how they are depicted in our online stores.

All descriptions of products are subject to change at any time without notice at our sole discretion. 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. Martyrdom reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until Martyrdom confirms acceptance. We must receive and process your payment before your order is accepted.

This section does not affect your legal right to cancel an order — including a pre-order — as set out in our Refund Policy. Please review your order carefully before submitting; outside of that legal right and our Refund Policy, we may be unable to accommodate cancellation requests after an order is accepted.

Your purchases are subject to return or exchange solely in accordance with our Refund Policy.

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. Unless otherwise expressly stated, posted prices are shown in GBP. If we are VAT registered, applicable VAT is included in the price shown; if not, no VAT is charged. Posted prices do not include shipping, handling, customs or import charges.

Prices posted in our online store may be different from prices offered elsewhere, including at events or through 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 store. You agree to promptly update your account and other information, including your email address and card details, so that we can complete your transactions and contact you as needed.

You represent and warrant that (i) the payment information you provide is true, correct, and complete, (ii) you are duly authorised to use the payment method for the purchase, and (iii) you will pay the charges you incur at the posted prices, including shipping charges and applicable taxes.

SECTION 5 - SHIPPING AND DELIVERY

We aim to dispatch and deliver within the timeframes stated on the product page or at checkout, but delivery times are estimates and not guaranteed. We are not liable for delays caused by the shipping carrier, customs processing, or events outside our reasonable control.

Your order remains our responsibility, and the risk of loss or damage in transit sits with us, until it comes into your physical possession or that of a person you have nominated to receive it.

SECTION 6 - INTELLECTUAL PROPERTY

Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product designs, video, and audio, and the design, selection, and arrangement thereof, are owned by Martyrdom, its affiliates or licensors and are protected by UK and international copyright, trademark and other intellectual property laws.

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 as expressly provided herein, nothing in these Terms grants or shall be construed as granting a licence or other rights to you under any patent, trademark, copyright, or other intellectual property of Martyrdom, Shopify or any third party. All rights not expressly granted herein are reserved by Martyrdom.

Martyrdom's names, logos, product and service names, designs, and slogans are trademarks of Martyrdom or its affiliates or licensors. You must not use such trademarks without our prior written permission. 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

You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor have any control nor input over.

You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations or conditions of any kind and without any endorsement, except as required by law. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of the optional tools offered through the site is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which such tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new features through the Services. Such new features shall also be deemed part of the Services and are subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

The Services may contain materials and hyperlinks to websites provided or operated by third parties. We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you decide to leave the Services to access these materials or third-party sites, you do so at your own risk.

We are not liable for any harm or damages related to your access of any third-party websites, or your purchase or use of any products, services, resources, or content on any third-party websites. Please review the third party's policies before you engage in any transaction with them. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the third party.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

[Shopify requires this section to remain unmodified.]

Martyrdom 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 Martyrdom. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Martyrdom, 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 Martyrdom.

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 licence to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including for commercial use.

You 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 under no obligation to maintain your Feedback in confidence, to pay compensation for it, or to respond to it.

We may, but have no obligation to, monitor, edit or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, defamatory, obscene, or otherwise objectionable, or that violates any party's intellectual property or these Terms.

You agree that your Feedback will not violate any right of any third party, including copyright, trademark, privacy, or other personal or proprietary right, and will not contain unlawful, abusive or obscene material, or any virus or malware. You may not use a false identity or otherwise mislead us or third parties as to the origin of any Feedback.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on or in the Services that contains typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times and availability. We reserve the right to correct any such errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is inaccurate, at any time and without prior notice, including after you have submitted your order. This does not affect your statutory rights, including your right to cancel under our Refund Policy.

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 law or regulation; (c) to infringe our intellectual property rights or those of others; (d) to harass, abuse, defame, or harm any person; (e) to transmit false or misleading information; (f) to send material that does not comply with these Terms; (g) to send unsolicited advertising, spam, or chain letters; (h) to impersonate any person or entity; or (i) to engage in any conduct that restricts or inhibits anyone's use of the Services or which we determine may harm Martyrdom, Shopify, or other users.

You also agree not to: (a) upload viruses or malicious code; (b) reproduce, duplicate, extract, or exploit any portion of the Services without permission; (c) collect or track the personal information of others; (d) use the Services to spam, phish, or pretext; (e) use bots, scrapers, or automated or AI-driven tools to access the Services, except as permitted for identified Agents under Section 14; or (f) bypass or interfere with any security or access-control measure we employ. We reserve the right to suspend, disable, or terminate your account at any time if we determine you have violated these Terms.

SECTION 14 - AGENTS

This section ("Agent Terms") applies if you use, allow, enable, or cause the deployment of an Agent to access, use, or interact with any Services. "Agent" means any software or service that takes autonomous or semi-autonomous action on behalf of, or at the instruction of, any person or entity, and that can be executed without direct supervision.

No Agent may access, use, or interact with the Services unless it identifies itself and operates strictly in accordance with the requirements below. No Agent may access the Services if we have requested that it refrain from doing so. We may limit, including by technical measures, whether and how any Agent accesses, uses, or interacts with the Services.

Agents must: (i) identify themselves as an Agent in all HTTP/HTTPS requests, by including "Agent/[agent name]" in the user agent string; (ii) not conceal or obfuscate that access, use, or interaction is coming from an Agent, including by mimicking human behaviour or circumventing CAPTCHAs; (iii) respond truthfully to any prompt seeking to determine whether interactions are from a human or a computer; and (iv) not circumvent any measure intended to control how Agents access or use the Services.

SECTION 15 - TERMINATION

We may terminate this agreement or your access to the Services (or any part of it) at any time, and you will remain liable for all amounts due up to the date of termination.

The following sections continue to apply after 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 16 - DISCLAIMER OF WARRANTIES

The information presented on or through the Services is made available for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information, and any reliance you place on it is at your own risk, except as set out below.

Nothing in these Terms excludes or limits our liability where it would be unlawful to do so. This includes your rights under the Consumer Rights Act 2015 for goods to match their description, be of satisfactory quality, and be fit for purpose, and your rights under the Consumer Contract Regulations 2013 as set out in our Refund Policy. Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot lawfully be excluded or limited.

Subject to the above, the Services are provided "as is" and "as available", without warranties or conditions of any kind beyond those implied by law that cannot be excluded. We do not guarantee that your use of the Services will be uninterrupted, timely, secure, or error-free.

SECTION 17 - LIMITATION OF LIABILITY

Subject to Section 16 above, and to the fullest extent permitted by law, Martyrdom, our partners, directors, officers, employees, affiliates, agents, contractors, and service providers, and those of Shopify, shall not be liable for any indirect, incidental, or consequential loss, including loss of profits, revenue, savings, or data, arising from your use of the Services or any product procured through them.

Nothing in this section limits or excludes our liability for death or personal injury caused by negligence, fraud, or breach of your statutory rights as set out in Section 16.

SECTION 18 - INDEMNIFICATION

You agree to indemnify us against reasonable losses, damages, liabilities and costs (including reasonable legal fees) that we incur as a result of a third-party claim arising directly from your breach of these Terms, your unlawful use of the Services, or your infringement of a third party's rights. This does not apply where the claim arises from our own breach of these Terms, negligence, or failure to comply with applicable law.

We will notify you of any such claim. We may control the defence and settlement of the claim, but will not settle in a way that imposes a non-monetary obligation on you without your consent, not to be unreasonably withheld. You will cooperate reasonably in the defence of the claim.

SECTION 19 - SEVERABILITY

If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision will be enforced to the fullest extent permitted by law, and the unenforceable part will be severed, without affecting the validity of the remaining provisions.

SECTION 20 - WAIVER; ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms does not constitute a waiver of that right or provision.

These Terms of Service, together with any policies posted by us on this site, constitute the entire agreement between you and us and govern your use of the Services, superseding any prior agreements or communications, whether oral or written, including previous versions of these Terms.

SECTION 21 - ASSIGNMENT

You may not transfer or assign this agreement or any of your rights or obligations under these Terms without our prior written consent, and any attempt to do so will be void. We may transfer, assign, or delegate these Terms and our rights and obligations without your consent, provided this does not reduce your statutory rights.

SECTION 22 - GOVERNING LAW

These Terms of Service are governed by the laws of England and Wales. You and Martyrdom submit to the exclusive jurisdiction of the courts of England and Wales.

If you are a consumer resident elsewhere in the UK or the EU, mandatory consumer protection laws of your country of residence may still apply to you, and this section does not remove those protections.

SECTION 23 - HEADINGS

The headings used in this agreement are included for convenience only and do not limit or otherwise affect these Terms.

SECTION 24 - CHANGES TO TERMS OF SERVICE

You can review the most current version of these Terms at any time on this page. We may update or change these Terms by posting the revised version to our website. We will notify you of any material changes in accordance with applicable law, and such changes will take effect on the date specified in the notice. Your continued use of the Services after changes are posted constitutes acceptance of those changes.

SECTION 25 - CONTACT INFORMATION

Questions about these Terms of Service should be sent to us at info@martyrdom.co.uk.

Martyrdom, a trading name of Spearhead Studios Ltd Company number: 16571640, registered in England and Wales Registered office: 167-169 Great Portland Street, London, W1W 5PF Email: info@martyrdom.co.uk