Terms of Service

Overview

This website is operated by NXTGEN BRANDS LLC d/b/a ToucanSport. Throughout the site, the terms “ToucanSport,” “we,” “us,” and “our” refer to NXTGEN BRANDS LLC d/b/a ToucanSport.

By visiting our website, purchasing from us, or using any part of our store, you agree to be bound by these Terms of Service, including any additional terms, conditions, policies, and notices referenced here or available by hyperlink.

Please read these Terms carefully before using our website. If you do not agree to these Terms, you should not access the website or purchase products from ToucanSport.

1. Online Store Terms

By agreeing to these Terms, you represent that you are at least the age of majority in your state, province, or country of residence, or that you have permission from a parent or legal guardian to use this website.

You may not use our products, website, or services for any illegal or unauthorized purpose. You may not violate any laws in your jurisdiction, including intellectual property, consumer protection, privacy, or export laws.

2. Our Products

ToucanSport sells independent sportswear, fanwear, apparel, accessories, and related merchandise. Products may include football-inspired jerseys, lifestyle apparel, t-shirt dresses, caps, and other athletic or cultural fanwear items.

Many ToucanSport products are made-to-order and produced through print-on-demand or apparel production partners. Product availability, production timelines, colors, sizing, print placement, and shipping times may vary.

We make reasonable efforts to display product colors and images accurately, but we cannot guarantee that your device display will accurately show actual product colors.

3. Independent Fanwear Notice

ToucanSport is an independent sportswear and fanwear brand. Unless expressly stated otherwise, our products are not official federation, FIFA, national team, club, league, or professional team merchandise.

Any cultural, national, historical, or football-inspired references are intended as independent fanwear and heritage design concepts only. No affiliation, sponsorship, endorsement, or official relationship should be implied.

4. Orders and Acceptance

When you place an order, you agree that all information provided is accurate, complete, and current.

We reserve the right to accept, reject, cancel, or limit any order for any reason, including suspected fraud, incorrect pricing, product availability, payment issues, address issues, abuse of promotions, or violation of these Terms.

If we cancel an order after payment has been processed, we will issue a refund to the original payment method where appropriate.

5. Pricing and Availability

Prices are listed in U.S. dollars unless otherwise stated.

We reserve the right to change prices, product offerings, descriptions, promotions, and availability at any time without notice.

We do not guarantee that any product will remain available. Limited releases, event-related items, and made-to-order products may sell out or be discontinued at any time.

6. Made-to-Order and Print-on-Demand Products

Many products are produced only after an order is placed. Because of this, orders may enter production quickly and may not be cancellable after production begins.

By placing an order, you acknowledge that made-to-order, customized, personalized, limited-event, and print-on-demand products may have different return, exchange, and cancellation limitations than traditional retail inventory.

Please review product details, size charts, estimated processing times, shipping information, and our Return & Refund Policy before purchasing.

7. Sizing and Fit

Customers are responsible for reviewing the size chart and product details before purchase.

Fit may vary by product type, cut, material, manufacturer, and production partner. ToucanSport is not responsible for incorrect size selection unless the item received is materially different from the product ordered or otherwise defective under our Return & Refund Policy.

8. Shipping and Delivery

Shipping timelines may include both production time and carrier transit time.

Estimated delivery dates are estimates only and are not guaranteed unless expressly stated at checkout. ToucanSport is not responsible for delays caused by production partners, shipping carriers, customs, weather, incorrect addresses, failed delivery attempts, or events outside our control.

We cannot guarantee delivery by a specific match, tournament, holiday, watch party, travel date, or event unless expressly stated in writing at checkout.

9. Incorrect Shipping Information

You are responsible for providing accurate shipping information.

ToucanSport is not responsible for orders that are delayed, lost, returned, or delivered incorrectly due to incomplete or inaccurate shipping information provided by the customer.

If an order is returned to sender due to incorrect address information, additional shipping fees may apply to resend the order.

10. Returns, Refunds, and Exchanges

Returns, refunds, exchanges, cancellations, damaged items, defective items, misprints, wrong items, personalized products, and final sale items are governed by our Return & Refund Policy, which is incorporated into these Terms.

By purchasing from ToucanSport, you agree to review and follow our Return & Refund Policy.

11. Promotions, Discounts, and Gift Cards

Promotional codes, discounts, credits, and offers may be changed, limited, suspended, or canceled at any time.

Promotions may not be combined unless expressly stated. Promotional codes have no cash value. Misuse of promotions may result in order cancellation.

Gift cards, if offered, are subject to the terms shown at purchase and may be non-refundable except where required by law.

12. User Comments, Reviews, and Submissions

If you submit reviews, photos, comments, feedback, testimonials, social media posts, or other content to ToucanSport, you grant us permission to use, reproduce, display, publish, and share that content for marketing, promotional, customer service, and business purposes, unless prohibited by law.

You agree that your submissions will not violate any third-party rights, contain unlawful material, or include harmful, abusive, misleading, defamatory, obscene, or infringing content.

We reserve the right to remove or refuse user content at our discretion.

13. Intellectual Property

All ToucanSport names, logos, designs, graphics, product artwork, website content, images, text, layout, and brand elements are owned by or licensed to NXTGEN BRANDS LLC d/b/a ToucanSport unless otherwise stated.

You may not copy, reproduce, distribute, modify, sell, exploit, or create derivative works from any ToucanSport content without our prior written permission.

Purchasing a product does not give you ownership of any ToucanSport intellectual property.

14. Prohibited Uses

You may not use our website, products, or services:

• For unlawful purposes
• To violate any applicable laws or regulations
• To infringe our intellectual property or third-party rights
• To submit false, misleading, or fraudulent information
• To interfere with website security or functionality
• To upload malicious code, viruses, or harmful content
• To scrape, copy, or exploit our website or product content
• To harass, abuse, threaten, defame, or discriminate against others
• To attempt unauthorized access to systems or data
• To conduct chargeback abuse, refund abuse, or fraudulent purchasing activity

We reserve the right to terminate access or cancel orders for prohibited conduct.

15. Third-Party Tools, Links, and Services

Our store may use third-party platforms and services, including ecommerce, payment, shipping, print-on-demand, email, SMS, analytics, customer support, and marketing providers.

Third-party links or services may direct you to websites or platforms not operated by ToucanSport. We are not responsible for third-party websites, policies, products, services, or practices.

Your use of third-party services may be governed by their own terms and privacy policies.

16. Payment and Billing

You agree to provide current, complete, and accurate billing and payment information.

Payments may be processed by third-party payment providers. ToucanSport does not control all payment authorization decisions and is not responsible for payment provider outages, declines, holds, or verification requirements.

We may cancel or hold orders that appear fraudulent, suspicious, or inconsistent with our risk controls.

17. Chargebacks and Disputes

Before filing a chargeback or payment dispute, please contact us at:

support@toucansport.com

We are happy to review legitimate order issues.

Orders are subject to these Terms, our Return & Refund Policy, Shipping Policy, product descriptions, size charts, checkout acknowledgments, tracking records, and customer communications.

We reserve the right to provide relevant order information, policies, communications, delivery records, and other evidence to payment processors, banks, card networks, fraud prevention providers, or legal authorities when responding to disputes.

18. Privacy

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

You are responsible for reviewing our Privacy Policy to understand how we collect, use, disclose, and protect personal information.

19. SMS, Email, and Marketing Communications

If you opt in to receive SMS, email, or marketing communications, you consent to receive messages from ToucanSport according to the consent language shown at signup or checkout.

You may unsubscribe from marketing emails or SMS messages using the instructions provided in those messages.

Transactional messages related to orders, shipping, customer service, returns, or account activity may still be sent where permitted by law.

20. Errors, Inaccuracies, and Omissions

Occasionally, there may be information on our website that contains typographical errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, offers, shipping charges, transit times, availability, or other details.

We reserve the right to correct errors, update information, or cancel orders if any information is inaccurate, even after an order has been submitted.

21. Disclaimer of Warranties

The website, products, and services are provided on an “as available” and “as is” basis, except as expressly stated.

We do not guarantee that the website will be uninterrupted, secure, error-free, or free of harmful components.

To the fullest extent permitted by law, ToucanSport disclaims all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, durability, title, and non-infringement.

Some jurisdictions do not allow limitations on implied warranties, so some limitations may not apply to you.

22. Limitation of Liability

To the fullest extent permitted by law, NXTGEN BRANDS LLC d/b/a ToucanSport and its owners, officers, employees, contractors, suppliers, service providers, affiliates, and partners will not be liable for indirect, incidental, punitive, special, consequential, or exemplary damages, including lost profits, lost revenue, lost savings, loss of data, replacement costs, or similar damages arising from your use of our website, products, or services.

Our total liability for any claim related to a product or order will not exceed the amount paid by you for the specific product or order giving rise to the claim, except where prohibited by law.

23. Indemnification

You agree to indemnify, defend, and hold harmless NXTGEN BRANDS LLC d/b/a ToucanSport and its owners, officers, employees, contractors, suppliers, service providers, affiliates, and partners from any claim, demand, loss, liability, damages, costs, or expenses, including reasonable attorneys’ fees, arising from your breach of these Terms, your misuse of our website or products, your violation of law, or your infringement of third-party rights.

24. Governing Law

These Terms of Service and any separate agreements under which we provide products or services are governed by the laws of the State of Florida, United States, without regard to conflict of law principles.

25. Changes to These Terms

We reserve the right to update, change, or replace any part of these Terms of Service by posting updates to our website.

Your continued use of the website after changes are posted constitutes acceptance of those changes.

Please review this page periodically.

26. Contact Information

Questions about these Terms of Service should be sent to:

ToucanSport
NXTGEN BRANDS LLC d/b/a ToucanSport
Email: support@toucansport.com
State: Florida, United States