They're all facts. Evolution is a fact. Fossils exist. Human beings are apes.
The theory of evolution has no flaws or inconsistencies. The problem arises when trying to decide which creatures were ancestral to which and the timeline of evolution. For example, there are challenges to the out-of-Africa hypothesis and the dates for the earliest humans appearing. We also don't know just which creatures were our ancestors and which were branches from our line that produced cousin species now extinct.
But none of that is a challenge to Darwin's theory that all life on earth extant and extinct derived from a single common ancestral replicator due to natural selection working on phenotypical variation across generations over deep time. That idea will not likely be overturned.
Have you ever stopped to consider the implications of a finding that falsified the theory of evolution? We'd still have all of the evidence that preceded that finding and which so compellingly implied that the theory was correct. A new hypothesis would have to account for it all, and apart from
ideas like last Thursdayism or brain-in-a-vat, I can only think of one idea that could do that: Trickster intelligent designers that went to great pains seeding the earth with strata that placed simpler forms below more complex ones complete with adding radioisotopes in ways to make the deeper ones appear older, scattered ring species around the world, and designed the bodies, physiology, biochemistry and genetics of all life in nested hierarchies.
Why did they leave a pre-cambrian rabbit or whatever for us to find and give them away? Maybe as a lark, perhaps in error.
I don't expect any of that to come to pass. A much more reasonable and parsimonious hypothesis is that the scientists are as correct with this theory as they are with their other theories also derived by the scientific method.
The fossil evidence is exactly what we would expect if species were evolving.
There is the fact of evolution and the theory to explain it. The test of the theory is that its predictions be accurate and that it can be used to improve the human condition. Darwin's theory passes both tests.
We don't need 100% certainty. What we need is empirical adequacy, that is, that whatever it says about the observable aspects of the world that it addresses is true. It's enough that the idea work.
It's actually reducing the role an intelligent designer would have in matters. Science keep showing us that ours is the kind of universe we would expect were it godless. It's on autopilot. The parts interact without Apollo's help moving the sun through the sky or angels to push the planets around. The first wave of scientists showed us a clockwork universe. We don't need a ruler god. From that, deism was born
The second wave of scentists like Darwin and the cosmologists gave us the theory of evolution and the Big Bang theory demonstrating that our universe could assemble itself from seeds such as the earliest universe and the first living replicator. It turns out that we don't need a builder god, either.
That doesn't mean that no gods exist or existed, just that there is no evidence for any, and no need to posit one, and really no job except to create those seeds. We have naturalistic hypotheses for the origins of both the early universe and the first life.