Terms of Service

OVERVIEW

Welcome to Feisty Brows! The terms “we,” “us,” and “our” refer to Feisty Brows. Feisty Brows 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”). Feisty Brows is powered by Shopify, which enables us to provide the Services to you.

These 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 our 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 the age of majority in your state, province, or jurisdiction of residence, or that you have given 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 store 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 information you provide 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 activity associated with your account. You may not transfer, sell, assign, or license your account to another person.

SECTION 2 - OUR PRODUCTS

We make every reasonable effort to accurately display and describe our products. However, colors and product appearance may vary depending on your device, screen settings, lighting, and other factors.

We do not warrant that the appearance of a product on your screen will exactly match the physical product you receive.

All product descriptions, specifications, pricing, and availability are subject to change without notice. We reserve the right to discontinue any product at any time and may limit quantities available 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. Feisty Brows reserves the right to accept or decline an order as permitted by applicable law. Your order is not accepted until Feisty Brows confirms acceptance. We must receive and process your payment before your order is accepted.

Please review your order carefully before submitting it, as we may be unable to accommodate cancellation requests after an order has been accepted or entered fulfillment.

If we decline, change, or cancel an order, we will attempt to notify you using the email address, billing address, or phone number provided when the order was placed.

Purchases are subject to our Return & Refund Policy.

Purchases intended for commercial resale must be made through an approved Feisty Brows wholesale account or other authorized wholesale arrangement. Retail purchases may not be made for unauthorized commercial resale.

SECTION 4 - PRICES AND BILLING

Prices, discounts, and promotions are subject to change without notice. The price charged for a product will be the price in effect at the time the order is placed and will be shown in your order confirmation.

Unless expressly stated otherwise, posted prices do not include applicable taxes, shipping, handling, customs duties, import taxes, or other charges that may apply.

Prices offered through our online store may differ from prices offered through other authorized sales channels. From time to time, we may offer promotions governed by separate terms and conditions. If promotional terms conflict with these Terms, the promotional terms will govern for that promotion.

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

You represent and warrant that the payment information you provide is true and accurate, that you are authorized to use the payment method provided, and that you will pay all charges incurred by you, including applicable shipping charges and taxes.

SECTION 5 - SHIPPING AND DELIVERY

All delivery dates and transit times are estimates and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, weather, or other events outside our reasonable control.

Shipping, delivery, and related matters are also subject to our Shipping Policy.

SECTION 6 - INTELLECTUAL PROPERTY

Our Services, including but not limited to our trademarks, brand names, logos, product names, product designs, text, graphics, photographs, illustrations, videos, audio, website content, and the design, selection, and arrangement thereof, are owned by Feisty Brows, its affiliates, or its licensors and are protected by applicable U.S. and international intellectual property laws.

These Terms permit you to use the Services for personal, non-commercial purposes only, except as otherwise expressly authorized by Feisty Brows.

You may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, transmit, copy, or commercially exploit material from the Services without our prior written consent.

Nothing in these Terms grants you a license or other rights under any patent, trademark, copyright, or other intellectual property belonging to Feisty Brows, Shopify, or any third party except as expressly provided.

Feisty Brows names, logos, product names, designs, slogans, and other brand identifiers are trademarks or other intellectual property of Feisty Brows or its affiliates or licensors and may not be used without prior written permission.

Shopify’s name, logo, product and service names, designs, and slogans are trademarks of Shopify. Other names, logos, product names, and brands appearing through the Services belong to their respective owners.

SECTION 7 - OPTIONAL TOOLS

You may be provided access to tools or services offered by third parties as part of the Services. We do not necessarily monitor or control these third-party tools.

Access to such tools may be provided “as is” and “as available,” without warranties, representations, or endorsements from Feisty Brows.

Your use of third-party tools is at your own risk and discretion. You should review and understand the applicable third party’s terms and policies before using its services.

We may introduce new features, tools, or resources through the Services in the future. Such features will also be considered part of the Services and subject to these Terms.

SECTION 8 - THIRD-PARTY LINKS

The Services may contain links, embedded functionality, or other materials provided or operated by third parties.

We are not responsible for examining or evaluating the content, accuracy, policies, practices, products, or services of third-party websites.

If you access a third-party website or service, you do so subject to that third party’s terms and policies. Questions or claims regarding third-party products or services should be directed to the applicable third party.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

Feisty Brows 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 Feisty Brows.

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

SECTION 10 - PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy. Certain personal information may also be subject to Shopify’s Privacy Policy.

Because the Services are hosted by Shopify, Shopify collects and processes certain personal information relating to your access to and use of the Services in order to provide and improve the Services.

Information submitted through the Services may be transmitted to and processed by Shopify and other service providers, including providers located outside the country where you reside, as described in our Privacy Policy and applicable service-provider policies.

By using the Services, you acknowledge that you have had an opportunity to review the applicable privacy policies.

SECTION 11 - FEEDBACK AND REVIEWS

If you submit, upload, post, email, or otherwise transmit ideas, suggestions, feedback, reviews, photographs, videos, proposals, or other content (“Feedback”), you grant Feisty Brows a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display that Feedback in any medium for purposes related to our business, including operating, improving, and promoting the Services.

You represent and warrant that you own or have the necessary rights to the Feedback you submit and that you have disclosed any compensation or incentives received in connection with it when required by law.

Feedback must not violate the rights of another person or entity, including intellectual property, privacy, publicity, or other proprietary rights, and must not contain unlawful or malicious material.

You are responsible for the Feedback you submit and its accuracy.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally, information available through the Services may contain typographical errors, inaccuracies, or omissions relating to product descriptions, specifications, pricing, promotions, offers, shipping charges, transit times, or availability.

We reserve the right to correct errors, inaccuracies, or omissions and to update information or cancel affected orders where permitted by applicable law.

SECTION 13 - PROHIBITED USES

You may access and use the Services only for lawful purposes.

You may not use the Services to violate any applicable law or regulation; infringe intellectual property or other rights; harass, abuse, threaten, defame, or harm others; transmit false or misleading information; distribute malware or malicious code; send spam or unauthorized solicitations; impersonate another person or entity; improperly collect personal information; interfere with the security or operation of the Services; or engage in conduct that could harm Feisty Brows, Shopify, our customers, or other users.

You may not reproduce, duplicate, copy, extract, sell, resell, scrape, or exploit any portion of the Services except as expressly authorized by Feisty Brows.

You may not use robots, spiders, scraping tools, automated data-gathering systems, AI agents, or other automated or manual methods to access or extract content from the Services in violation of these Terms or measures we employ to control access.

We reserve the right to suspend, disable, or terminate access to the Services if we determine that these Terms have been violated.

SECTION 14 - AGENTS

This section applies if you use, allow, enable, or cause an autonomous or semi-autonomous software agent (“Agent”) to access, use, or interact with the Services.

An Agent may not access or interact with the Services if we have requested that the Agent refrain from doing so.

We may use technical or other measures to limit whether and how Agents access or interact with the Services.

Agents must accurately identify themselves as automated agents, must not conceal or misrepresent their automated nature, must not circumvent CAPTCHAs or other measures intended to distinguish automated activity from human activity, and must not bypass measures intended to block, limit, or control automated access to the Services.

SECTION 15 - TERMINATION

We may terminate or suspend your access to the Services, or any portion thereof, if permitted by applicable law, including when we reasonably determine that you have violated these Terms.

You remain responsible for amounts properly due through the date of termination.

Provisions that by their nature should survive termination will remain in effect, including provisions concerning intellectual property, feedback, disclaimers, limitations of liability, indemnification, governing law, and privacy.

SECTION 16 - DISCLAIMER OF WARRANTIES

Information provided through the Services is made available for general informational purposes. We do not warrant that all information will always be complete, accurate, current, or suitable for every purpose.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT AS EXPRESSLY STATED BY FEISTY BROWS, THE SERVICES AND PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT ACCESS TO THE SERVICES WILL ALWAYS BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.

SOME JURISDICTIONS DO NOT ALLOW CERTAIN WARRANTY EXCLUSIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

SECTION 17 - LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, FEISTY BROWS AND ITS AFFILIATES, PARTNERS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, AND LICENSORS, AND SHOPIFY AND ITS AFFILIATES, WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, OR REPLACEMENT COSTS, ARISING FROM OR RELATING TO YOUR USE OF THE SERVICES OR PRODUCTS PURCHASED THROUGH THE SERVICES.

NOTHING IN THESE TERMS EXCLUDES OR LIMITS LIABILITY THAT CANNOT LAWFULLY BE EXCLUDED OR LIMITED.

SECTION 18 - INDEMNIFICATION

To the extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Feisty Brows, Shopify, and their respective affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from third-party claims, losses, damages, liabilities, and reasonable attorneys’ fees arising from your material breach of these Terms, your violation of applicable law or third-party rights, or your unlawful misuse of the Services.

SECTION 19 - SEVERABILITY

If any provision of these Terms is determined to be unlawful, void, or unenforceable, that provision will be enforced to the fullest extent permitted by applicable law or severed to the minimum extent necessary. The remaining provisions will remain valid and enforceable.

SECTION 20 - WAIVER; ENTIRE AGREEMENT

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

These Terms and the policies or operating rules posted by us in connection with the Services constitute the entire agreement between you and Feisty Brows concerning your use of the Services and supersede prior agreements or communications concerning the same subject matter.

SECTION 21 - ASSIGNMENT

You may not transfer or assign your rights or obligations under these Terms without our prior written consent.

We may transfer or assign our rights and obligations under these Terms as permitted by applicable law.

SECTION 22 - GOVERNING LAW

These Terms of Service and any separate agreements through which we provide Services will be governed by and construed in accordance with the laws of the State of California, without regard to its conflict-of-law principles.

To the extent permitted by applicable law, disputes arising from or relating to these Terms or the Services will be subject to the jurisdiction of the appropriate state or federal courts located in California.

Nothing in this section limits any mandatory consumer rights or protections that apply to you under applicable law.

SECTION 23 - HEADINGS

Headings are included for convenience and organization 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 of Service on this page at any time.

We reserve the right to update, change, or replace portions of these Terms by posting updated Terms to our website. Where required by applicable law, we will provide notice of material changes.

Your continued use of the Services after updated Terms become effective constitutes acceptance of those changes to the extent permitted by applicable law.

SECTION 25 - CONTACT INFORMATION

Questions about these Terms of Service may be sent to:

Feisty Brows
Email:  psst@feistybrows.com
Phone: 619-880-0046