Terms of service

OVERVIEW
Welcome to Top Coat Collective. The terms “we,” “us,” and “our” refer to Top Coat Collective.
Top Coat Collective operates this store and website, including all related information, content, features, tools, products, and services, to provide customers with a curated shopping experience (the “Services”). Our store is powered by Shopify, which enables us to provide the Services.
These Terms of Service, together with the policies referenced herein, describe your rights and responsibilities when using the Services.
Please read these Terms carefully. By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy:
https://topcoatcollective.com/policies/privacy-policy
If you do not agree to these Terms or our Privacy Policy, you should not access or use the Services.
SECTION 1 - ACCESS AND ACCOUNT
By agreeing to these Terms, you represent that you are at least the age of majority in your country, state, or province of residence. You may allow your minor dependents to use the Services on devices that you own or manage only under your supervision.
To access or use the Services or purchase our products, you may be asked to provide information including your name, email address, billing information, payment information, sizing information, and shipping address.
You represent that all information you provide is accurate, current, and complete and that you have the right to provide that information.
You are responsible for maintaining the security of your account credentials and for all activity conducted through 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 represent our products accurately. However, colours and product appearance may differ depending on screen settings, lighting, photography, and the device used to view our store.
Our press-on nails are handmade and made to order. Minor differences in colour, pattern, shape, positioning, brushwork, or decoration are natural characteristics of handmade products and are not considered defects.
The final appearance may also vary depending on the customer’s natural nail shape, sizing information, application method, and nail length.
We do not guarantee that a product will appear exactly as shown on every screen or that personal preferences or expectations will be met.
Product descriptions, designs, prices, and availability may be changed without notice. We reserve the right to discontinue products or limit the quantities available to any person, geographic region, or jurisdiction.
SECTION 3 - ORDERS
When you place an order, you are making an offer to purchase. Your order is not accepted until Top Coat Collective confirms the order and successfully receives payment.
We reserve the right to accept, decline, change, or cancel an order when reasonably necessary, including in cases of suspected fraud, pricing errors, unavailable materials, incomplete sizing information, or an address that cannot be serviced.
If we decline or cancel an order, we will attempt to contact you using the email address, billing information, or telephone number provided with the order.
All products are made to order. Cancellation requests must be submitted within 24 hours of placing the order and can only be accepted if production has not started. Once production begins, an order cannot be cancelled, changed, or refunded.
Customers are responsible for checking all design selections, quantities, sizing information, spelling, shipping details, and other order information before submitting an order.
Returns, exchanges, and refunds are governed exclusively by our Return and Refund Policy:
https://topcoatcollective.com/policies/refund-policy
You represent that purchases are for personal or household use and not for unauthorised commercial resale.
SECTION 4 - PRICES AND BILLING
Prices, discounts, promotions, and product availability may change without notice.
The price charged will be the price displayed when the order is placed and will appear in the order confirmation.
Applicable taxes and standard worldwide shipping are included unless otherwise stated on the product page or at checkout.
Customers are responsible for any customs duties, import taxes, VAT, customs processing fees, or other charges imposed by the destination country unless those charges were expressly collected at checkout.
Prices displayed online may differ from prices offered at our physical location or through third-party platforms.
Promotional offers may be subject to separate conditions. If promotional conditions conflict with these Terms, the specific promotional conditions will apply to that promotion.
You agree to provide complete and accurate payment and account information and to update that information when necessary.
You represent that you are authorised to use the payment method submitted and agree to pay all charges clearly displayed at checkout.
SECTION 5 - SHIPPING AND DELIVERY
All products are handmade and made to order. Orders are normally dispatched within 7–10 business days after payment has been received and all required sizing and order information has been confirmed.
Delivery times are estimates and are not guaranteed. We are not responsible for delays caused by carriers, customs processing, weather, public holidays, incorrect addresses, or other events outside our reasonable control.
Customers are responsible for providing an accurate and complete delivery address and for monitoring tracking information and collecting packages when required.
If a package is returned because of an incorrect or incomplete address, refusal, failure to collect, or unpaid customs charges, the customer will be responsible for the actual reshipping cost.
Ownership and risk of loss pass to the customer upon delivery, except where applicable law provides otherwise.
Complete shipping conditions are available in our Shipping Policy:
https://topcoatcollective.com/policies/shipping-policy
SECTION 6 - INTELLECTUAL PROPERTY
The Services, including our trademarks, brand names, text, photographs, graphics, product images, designs, videos, audio, logos, and the selection and arrangement of such materials, are owned by Top Coat Collective, its affiliates, or its licensors.
These materials are protected by Japanese and applicable international copyright, trademark, and intellectual property laws.
You may use the Services only for personal and non-commercial purposes. Without our prior written consent, you may not copy, reproduce, distribute, modify, create derivative works from, publicly display, publish, download, store, transmit, sell, or commercially exploit any part of the Services.
Nothing in these Terms grants you a licence or ownership right in any intellectual property belonging to Top Coat Collective, Shopify, or any third party.
Top Coat Collective’s name, logos, product names, designs, photographs, and slogans may not be used without prior written permission. Shopify’s name, logo, product names, and trademarks belong to Shopify. Other trademarks belong to their respective owners.
SECTION 7 - OPTIONAL TOOLS
We may provide access to tools or services supplied by third parties. We do not control or monitor these third-party tools.
Access is provided “as is” and “as available,” without warranties, representations, endorsements, or conditions of any kind.
Your use of optional third-party tools is at your own risk. You are responsible for reviewing and accepting the third party’s applicable terms and privacy policies.
New features, tools, or resources offered through the Services will also be subject to these Terms.
SECTION 8 - THIRD-PARTY LINKS
The Services may include links, materials, or functionality provided by third parties.
We are not responsible for examining or verifying the content, accuracy, security, policies, products, or services of third-party websites.
If you access a third-party website, you do so at your own risk. We are not responsible for loss or damage connected with third-party websites, products, services, resources, or content.
Questions or complaints about third-party products or services must be directed to the relevant third party.
SECTION 9 - RELATIONSHIP WITH SHOPIFY
Top Coat Collective is powered by Shopify, which enables us to provide the Services.
However, purchases made through our store are transactions directly between the customer and Top Coat Collective.
Shopify is not responsible for any aspect of a sale between you and Top Coat Collective, including any injury, damage, or loss relating to purchased products or services.
To the fullest extent permitted by law, you release Shopify and its affiliates from claims, damages, and liabilities arising from purchases and transactions made with Top Coat Collective.
SECTION 10 - PRIVACY POLICY
Personal information collected through the Services is governed by our Privacy Policy:
https://topcoatcollective.com/policies/privacy-policy
Because the Services are hosted by Shopify, Shopify may collect and process information relating to your access to and use of the Services to provide, secure, and improve its services.
Information submitted through the Services may be transmitted to Shopify and other service providers located outside your country of residence.
Shopify’s Consumer Privacy Policy is available at:
https://www.shopify.com/legal/privacy/consumers
By using the Services, you acknowledge that you have reviewed the applicable privacy policies.
SECTION 11 - FEEDBACK
If you submit, upload, post, email, or otherwise provide ideas, suggestions, reviews, photographs, comments, proposals, or other content (“Feedback”), you grant us a perpetual, worldwide, transferable, sublicensable, royalty-free licence to use, reproduce, modify, publish, distribute, and display that Feedback for business, promotional, and commercial purposes.
You represent that you own or have all rights required to submit the Feedback and that your Feedback does not violate intellectual property, privacy, publicity, or other rights belonging to another person.
You must disclose any compensation or incentive received in connection with submitted Feedback.
We are not required to keep Feedback confidential, compensate you for Feedback, or respond to Feedback.
We may monitor, edit, or remove Feedback that we reasonably consider unlawful, misleading, offensive, abusive, defamatory, obscene, harmful, or in violation of these Terms.
You may not use a false identity, provide a false email address, impersonate another person, or misrepresent the origin of Feedback. You are responsible for the accuracy and legality of the Feedback you submit.
SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
The Services may occasionally contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, shipping charges, delivery times, availability, or other information.
We reserve the right to correct errors, update information, or cancel an affected order when information is inaccurate, including after an order has been submitted.
If an accepted order is cancelled because of an error on our part, amounts paid for the cancelled item will be refunded.
SECTION 13 - PROHIBITED USES
You may access and use the Services only for lawful purposes.
You may not use the Services:
(a) for unlawful, fraudulent, or malicious purposes;
(b) to violate applicable laws or regulations;
(c) to infringe our intellectual property rights or the rights of others;
(d) to harass, abuse, threaten, defame, intimidate, or harm another person;
(e) to transmit false, deceptive, or misleading information;
(f) to distribute spam, junk mail, chain letters, or unauthorised advertising;
(g) to impersonate another person or entity;
(h) to upload viruses, malware, or harmful code;
(i) to collect or track personal information belonging to others without authorisation;
(j) to reproduce, duplicate, copy, sell, resell, scrape, or commercially exploit any part of the Services without permission; or
(k) to interfere with, bypass, or circumvent security or access restrictions.
We may suspend, restrict, or terminate access to the Services if we reasonably determine that these Terms have been violated.
SECTION 14 - AGENTS AND AUTOMATED SYSTEMS
This section applies if you use or deploy software that takes autonomous or semi-autonomous action on behalf of a person or entity (“Agent”) to access or interact with the Services.
An Agent must identify itself accurately, comply with applicable technical requirements, and must not conceal that its activity is automated.
Agents may not mimic human behaviour to evade detection, bypass CAPTCHAs, avoid security controls, scrape protected content, or continue accessing the Services after being instructed to stop.
We may technically limit or block access by Agents at our discretion.
SECTION 15 - TERMINATION
We may suspend or terminate your access to the Services if you violate these Terms, misuse the Services, engage in fraud, threaten the security of the Services, or create legal or operational risk.
You remain responsible for all amounts due up to the termination date.
Provisions relating to intellectual property, feedback, warranties, limitation of liability, indemnification, governing law, privacy, and any provisions that by their nature should continue will survive termination.
SECTION 16 - DISCLAIMER OF WARRANTIES
Information provided through the Services is made available for general informational purposes. We do not guarantee that all information will always be accurate, complete, current, or suitable for every purpose.
Except as expressly stated by Top Coat Collective or required by applicable law, the Services and products are provided “as is” and “as available,” without express or implied warranties, including warranties of merchantability, fitness for a particular purpose, durability, title, or non-infringement.
We do not guarantee that the Services will always be uninterrupted, timely, secure, or error-free.
Some jurisdictions do not allow certain warranty exclusions. In those jurisdictions, exclusions apply only to the fullest extent permitted by law.
Nothing in these Terms excludes warranties, remedies, or consumer rights that cannot legally be excluded.
SECTION 17 - LIMITATION OF LIABILITY
To the fullest extent permitted by law, Top Coat Collective and its owners, employees, affiliates, agents, contractors, service providers, and licensors will not be liable for indirect, incidental, special, punitive, or consequential losses arising from the use of the Services or products.
This includes, without limitation, lost profits, lost revenue, lost savings, lost data, replacement costs, or similar losses, whether based on contract, negligence, strict liability, or another legal theory.
We are not responsible for loss or damage caused by improper sizing information, incorrect application or removal, misuse, alteration, failure to follow instructions, ordinary wear, customer damage, allergies not caused by a verified product defect, or circumstances outside our reasonable control.
Nothing in these Terms limits liability that cannot legally be excluded or limits mandatory consumer rights under applicable law.
SECTION 18 - INDEMNIFICATION
To the fullest extent permitted by law, you agree to indemnify and hold harmless Top Coat Collective, Shopify, and their respective affiliates, owners, employees, agents, contractors, licensors, and service providers from third-party claims, losses, damages, liabilities, and reasonable legal fees arising from:
(a) your material breach of these Terms;
(b) your violation of applicable law or another person’s rights; or
(c) your unlawful or unauthorised use of the Services.
We will notify you of a claim for which indemnification is requested. You agree to provide reasonable cooperation in responding to the claim.
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 law or removed to the minimum extent necessary.
The remaining provisions will continue in full force and effect.
SECTION 20 - WAIVER AND ENTIRE AGREEMENT
Our failure to exercise or enforce a right under these Terms does not constitute a waiver of that right.
These Terms, together with the policies and rules posted on our website, constitute the entire agreement between you and Top Coat Collective regarding use of the Services.
They replace prior communications, proposals, or agreements concerning the same subject matter.
Any ambiguity will be interpreted fairly and in accordance with applicable law.
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 as part of a business transfer, reorganisation, merger, sale, or as otherwise permitted by law.
SECTION 22 - GOVERNING LAW
These Terms and any separate agreements relating to the Services are governed by the laws of Japan.
To the extent permitted by applicable law, the Tokyo District Court shall have exclusive jurisdiction as the court of first instance.
Nothing in this section limits mandatory consumer rights or jurisdictional protections that apply in the customer’s country or place of residence.
SECTION 23 - HEADINGS
The headings used in these Terms are provided for convenience only and do not limit or otherwise affect the meaning of these Terms.
SECTION 24 - CHANGES TO THESE TERMS
The current version of these Terms can be reviewed on this page at any time.
We may update, change, or replace these Terms by publishing the revised version on our website.
Where required by applicable law, we will provide notice of material changes. Changes become effective on the date stated in the notice or, if no date is stated, when published.
Continued use of the Services after changes take effect constitutes acceptance of the revised Terms, to the extent permitted by law.
SECTION 25 - CONTACT INFORMATION
Questions about these Terms should be sent to:
Top Coat Collective
Email: hello@topcoattokyo.com
Address: 4F, Shimokitazawa, 2-27-2 Kitazawa, Setagaya-ku, Tokyo 155-0031, Japan
Telephone: +81 70 4490 3918