Terms of Use

Last updated and effective date: November 26, 2025

These Terms of Use (“Terms”) govern your access to and use of www.stalberry.com (the “Site”), including purchases, account creation, product reviews, promotions, and interactions with our storefronts on TikTok Shop, Amazon, and Facebook/Instagram (collectively, the “Services”). The Services are operated by Stalberry Beauty Supply, a sole proprietorship based in Alberta, Canada (“Stalberry,” “we,” “us,” or “our”).

By using our Services, you acknowledge and agree to be bound by these Terms, our Privacy Policy, and any other policies referenced herein. If you do not agree to these Terms, you must not use the Services.

We reserve the right to update or modify these Terms at any time by posting a revised version with an updated “Effective Date.”

1. Eligibility and Scope of These Terms

The Services are intended for use by individuals 13 years of age or older. To make purchases or create an account, you must be at least 18 years old (or the age of majority in your jurisdiction). By using the Services, you represent that you meet these requirements.

These Terms apply to all activities conducted through:

• Our Shopify store (www.stalberry.com)
• Stalberry-branded storefronts on TikTok Shop, Amazon, and Meta Shops
• Email and customer support interactions
• All marketing and promotional campaigns
• All product purchases, returns, and warranty inquiries

Any platform (e.g., Amazon or TikTok Shop) may impose additional terms specific to its marketplace. Those platform terms apply in addition to these Terms.

2. Use of the Site and Accounts

Account creation on the Site is optional. If you choose to create an account, you agree to provide accurate information and maintain the confidentiality of your login credentials. You are responsible for all activity conducted through your account.

We reserve the right to suspend, restrict, or close accounts at our discretion, including for suspected fraud, abuse of promotions, or violation of these Terms.

Access to the Services is provided on an “as available” basis. We do not guarantee that the Site will be uninterrupted, error-free, or available at all times.

3. Purchases, Orders, and Payment Processing

Purchases may be made using Shopify Payments, Stripe, PayPal, Klarna/Afterpay, or other payment processors available through our platform.

By placing an order, you agree that:

• All purchases are subject to availability.
• Prices, promotions, and discounts may change without notice.
• We may limit quantities or cancel orders.
• We may request additional information to verify identity or payment authorization.

An order is considered “accepted” only once it has been shipped. Prior confirmations or payment authorization do not guarantee acceptance.

If a pricing error occurs (human or system error), we reserve the right to correct it and cancel or adjust orders as necessary.

4. Shipping, Delivery, and Transfer of Risk

We ship to Canada and the United States using major carriers such as Canada Post, USPS, UPS, FedEx, and Purolator.

A. Ownership and Risk of Loss

Once we hand your package to the carrier, ownership and full responsibility for the shipment transfers to you. This includes situations where the package is:

• Lost
• Stolen after delivery (“porch theft”)
• Delayed
• Misdelivered
• Damaged in transit

A “delivered” scan from the carrier will serve as official proof of delivery.

This policy aligns with standard ecommerce practices across Shopify, Amazon Marketplace, and major beauty retailers.

B. Delivery Estimates

Delivery timelines are estimates only and may vary due to carrier workload, customs processing, or weather. We cannot guarantee specific delivery dates.

C. Incorrect Address

You are responsible for providing an accurate shipping address. Once an order enters fulfillment, we cannot modify the address.

5. Returns, Exchanges, and Order Cancellations

Stalberry accepts returns on most products within 30 days of the date of delivery, provided that the returned items meet all eligibility requirements. To qualify for a return, products must be unused, unopened, and in their original packaging, and must be in saleable condition with no signs of wear, use, damage, or tampering. Returns that do not meet these standards may be refused or returned to the customer at their expense. Customers are responsible for ensuring products are packaged securely to prevent damage during transit.

Unless otherwise required by applicable consumer-protection laws, return shipping costs are the responsibility of the customer, and we do not provide prepaid return labels. Original shipping charges (if any) are non-refundable. Stalberry reserves the right to inspect returned items and to deny or adjust refunds based on the condition of the product upon receipt. Approved refunds will be issued to the original method of payment unless otherwise required by law.

Certain items are not eligible for return, including but not limited to:

• Products that have been opened or used
• Items marked as final sale
• Products purchased through third-party platforms such as TikTok Shop, Amazon, Facebook Marketplace, or other external storefronts

For purchases made through these third-party marketplaces, you must follow the return or dispute procedures provided by those platforms. Stalberry cannot process returns, exchanges, or refunds for items not purchased directly through the official Stalberry website (www.stalberry.com).

Stalberry does not currently offer traditional “exchanges.” Customers who wish to replace an item with a different model or variant may return the original product (if eligible) and place a new order for the desired item.

Order Cancellations

Orders may be canceled only if they have not yet shipped. Because we process orders quickly, cancellation requests must be submitted as soon as possible. If your order has already been packed or handed over to the carrier, it can no longer be canceled. In those cases, you must wait for the order to arrive and then submit it for return following our standard return policy and eligibility criteria.

Stalberry reserves the right to cancel orders at its discretion, including in cases of suspected fraud, inventory errors, pricing inaccuracies, or violations of these Terms. If we cancel an order, you will receive a full refund to the original payment method.

6. Warranty

Stalberry provides a one-year limited warranty that applies only to manufacturing defects in materials or workmanship. This warranty exists to ensure that products function as intended when used under normal, recommended conditions. If a defect arises within the one-year warranty period and you notify us promptly, we will evaluate the claim and determine an appropriate resolution.

This warranty does not cover issues caused by normal wear and tear, misuse, improper care or storage, modifications or alterations, accidental damage, or any damage occurring after the risk of loss has transferred to you at the time the package is handed to the carrier. Damage caused by shipping carriers, mishandling, or delivery incidents is outside the scope of this warranty and must be pursued directly with the delivery carrier. Likewise, products purchased from unauthorized sellers or from sources other than Stalberry’s official storefronts are not eligible for warranty support, as we cannot verify authenticity or product condition.

Where a valid warranty claim is approved, Stalberry may, at its sole discretion, repair the item, replace the item with an identical or equivalent product, or issue a refund. The remedy provided will depend on product availability, the nature of the defect, and whether repair is feasible. Proof of purchase is required for all warranty submissions, and we may request photos, videos, or physical return of the product to assess eligibility.

7. User-Generated Content (Product Reviews)

Our Site allows customers to share their experiences by submitting product reviews through Shopify’s review system. When you submit a review, you agree that the information you provide is truthful, based on your actual experience with the product, and not misleading in any way. You represent that the content is your own, that you have all necessary rights and permissions to submit it, and that the content does not violate any intellectual property rights, privacy rights, or publicity rights of others.

By posting a review, you grant Stalberry a worldwide, perpetual, irrevocable, royalty-free license to use, reproduce, publish, adapt, translate, modify, distribute, display, and otherwise exploit your review for any lawful purpose. This includes use on our website, across marketing materials, social media, email communications, and within third-party platforms where we operate. This license continues even if your review is later edited, removed, or if your account is closed.

You agree not to submit any content that is defamatory, abusive, harassing, hateful, fraudulent, obscene, misleading, or otherwise inappropriate. Reviews that contain personal information, references to competitor sites, solicitation, spam, or irrelevant content may be removed. We reserve the right—but are not obligated—to moderate, edit, or delete reviews at our discretion, including content that appears suspicious, artificially boosted, incentivized without proper disclosure, or in violation of the law or these Terms.

8. Influencers, Affiliates, and Sponsorships

From time to time, Stalberry may collaborate with influencers, content creators, or brand partners who promote our products. If you participate in these programs, whether through paid collaborations, gifted products, affiliate links, or campaign partnerships, you agree to comply with all applicable advertising guidelines, including requirements set by the Federal Trade Commission (FTC) in the United States, the Competition Bureau in Canada, and any disclosure rules imposed by social media platforms. Clear and conspicuous disclosures (such as #ad, #gifted, #sponsored, or similar wording) must be used where required.

You agree to provide honest, accurate opinions based solely on your genuine experience with our products. Any factual claims you make must be truthful and supported by reasonable evidence. By participating in a Stalberry program, you grant us permission to reuse, publish, modify, share, and repost your campaign-related content, including images, videos, captions, and tags, for any marketing or promotional purpose, with appropriate credit when reasonable.

Participation in influencer or promotional programs does not guarantee future collaborations, and Stalberry may discontinue, modify, or terminate any partnership at any time. Failure to comply with campaign guidelines may result in removal from current and future promotional opportunities.

9. Promotions, Discounts, and Campaigns

Stalberry may offer promotional codes, limited-time discounts, seasonal sales, giveaways, contests, or other promotional campaigns. Unless the specific promotion explicitly states otherwise, promotions cannot be combined with other offers or discounts, are non-transferable, and may be subject to expiration dates or minimum purchase requirements.

We reserve the right to modify, suspend, or cancel any promotion at our discretion, including cases involving pricing errors, suspected fraud, misuse, or technical malfunction. If you attempt to use a promotion improperly—for example, by creating duplicate accounts, using VPNs, exploiting system errors, or violating campaign rules—we may invalidate the promotion and restrict participation in future campaigns.

Giveaways and contests are void where prohibited by law and may include additional terms and eligibility requirements. If a promotional event includes official rules, those rules apply together with these Terms.

10. Intellectual Property

All content displayed on the Site, including text, product descriptions, images, logos, icons, graphics, videos, layouts, and digital assets is protected by intellectual property laws and is either owned by Stalberry or provided by manufacturers and partners under license. This includes both original Stalberry content and content obtained from authorized suppliers.

Except where explicitly permitted, you may not copy, reproduce, publicly display, publish, distribute, transmit, modify, or create derivative works from any portion of the Site. You may not scrape the Site, data-mine our catalog, harvest content using automated tools, or use our content to train artificial intelligence systems or machine-learning models without our prior written consent.

Any unauthorized use of our intellectual property may result in account suspension, denial of access, legal action, or other remedies available under applicable laws.

11. Third-Party Tools, Integrations, and Analytics

Our Services rely on third-party technologies that help us operate efficiently and provide a better user experience. These include analytics tools such as Google Analytics, advertising tools like Meta Pixel, behavioral tools such as Hotjar, Shopify-provided analytics, and various Shopify Apps used for order management, marketing, user reviews, and performance optimization.

These third-party tools may collect information about your device, browsing behavior, interactions with our Site, and purchase activity, as detailed in our Privacy Policy. While we select reputable service providers, we do not control their systems and cannot guarantee their continuous availability, accuracy, performance, or data integrity. Stalberry is not responsible for errors, outages, misconfigurations, or delays caused by these external services.

Your use of the Services constitutes your agreement to these third-party tools as part of the Site’s functionality.

12. Disclaimer of Warranties

To the fullest extent permitted by applicable law, the Services and all products, content, and features provided through Stalberry are offered on an “as is” and “as available” basis, without any express or implied warranties of any kind. We make no representation or warranty that the Site will operate without interruption, that it will be error-free, or that defects will be corrected. We do not guarantee that the descriptions, specifications, or product information on the Site are complete, accurate, reliable, or up-to-date.

We make no guarantees regarding how products will perform for individual customers, as results may vary depending on usage, conditions, and individual differences. You acknowledge and agree that your use of the Services and your reliance on any product information or content is at your own risk.

Some jurisdictions do not allow the exclusion of certain implied warranties, so some of these disclaimers may not apply to you.

13. Limitation of Liability

To the maximum extent permitted by law, Stalberry and its owners, employees, affiliates, suppliers, and service providers shall not be liable for any indirect, incidental, special, punitive, or consequential damages arising from or related to your use of the Services. This includes, but is not limited to, losses involving:

• Lost profits or anticipated revenue
• Data loss or corruption
• Package misdelivery, delays, or theft after carrier handoff
• Issues caused by third-party marketplaces (e.g., Amazon, TikTok Shop, Meta Shops)
• Product performance differences or unmet expectations
• Inability to access or use the Site

Our total liability for any claim, whether in contract, tort, negligence, or otherwise, shall not exceed the amount you paid for the specific product giving rise to the claim.

If you are dissatisfied with the Services, your sole and exclusive remedy is to discontinue using them.

14. Dispute Resolution, Arbitration, and Class Action Waiver

To maintain a fair and efficient dispute-resolution process, you agree to the following:

A. Governing Law

These Terms are governed exclusively by the laws of the Province of Alberta, Canada, without regard to conflict-of-law principles. Any legal interpretation shall follow Alberta law.

B. Binding Virtual Arbitration

Except where prohibited by consumer protection laws, any dispute, claim, or disagreement arising from or relating to these Terms, your use of the Services, or any transaction with Stalberry must be resolved through binding arbitration conducted online. This means:

• No in-person hearings
• All filings and proceedings conducted digitally
• A neutral arbitrator will make a final, binding decision

Arbitration replaces the right to sue in court, except for very limited exceptions (such as small claims court where allowed).

C. No Class Actions

You agree to resolve disputes on an individual basis only. You waive any right to participate in:

• Class actions
• Class arbitrations
• Collective or representative actions

This waiver applies regardless of how the dispute arises.

D. One-Year Claim Period

Any claim or dispute must be filed within one year of the incident giving rise to the claim. After this period, the claim is permanently barred.

15. Severability

If any provision of these Terms is found unenforceable, unlawful, or invalid, that portion will be modified or limited to the minimum extent necessary so that the remainder of the Terms remain in full force and effect. The invalidity of one clause does not affect the validity of the rest.

16. Contact Us

If you have questions about these Terms or need help understanding your rights or obligations, you may contact us at:

• hello@stalberry.com

We will make every reasonable effort to reply promptly and address your concerns.