Terms of service

Terms of Service – NailPop Studio

Last updated: 4 December 2025

OVERVIEW

Welcome to NailPop Studio (“NailPop Studio”, “we”, “us”, “our”).

NailPop Studio operates this online store and website, including all related information, content, features, tools, products and services, to provide you with a curated shopping experience (the “Services”). Our store is powered by Shopify, which enables us to provide the Services to you.

These Terms of Service (the “Terms”), together with any other policies referred to in them (including our Privacy Policy and Refunds & Returns Policy), set out your rights and responsibilities when you access or use the Services.

Please read these Terms carefully, as they include important information about your legal rights, including disclaimers and limitations of liability.

By visiting, interacting with or using our Services, you agree to be bound by these Terms and by our Privacy Policy LINKLINKLINK. If you do not agree, you must not access or use the Services.

Nothing in these Terms is intended to exclude, restrict or modify any rights you have under the Australian Consumer Law or other non-excludable laws.

SECTION 1 – ACCESS AND ACCOUNT

By agreeing to these Terms, you represent that:

  • you are at least 18 years of age or the age of majority in your state or territory of residence; and
  • you consent to any minor dependants using the Services on devices you own or control (if applicable).

To use certain parts of the Services (for example, to place an order), you may be asked to provide information such as your name, email address, billing details, payment details and shipping address. You warrant that all information you provide is true, accurate, current and complete, and that you have the authority to provide and use that information.

You are solely responsible for:

  • maintaining the confidentiality and security of your account and login details; and
  • any activities or purchases made using your account.

You must not transfer, sell, assign or license your account to any other person.

SECTION 2 – OUR PRODUCTS

We make reasonable efforts to ensure that product descriptions, images and other content on our website are accurate and up to date. However:

  • colours and appearance may vary depending on your device, screen settings and lighting; and
  • minor variations in packaging or presentation may occur.

We do not guarantee that the appearance or quality of any product will exactly match images or descriptions shown online or will meet every individual expectation.

All product descriptions, prices and availability are subject to change at any time without notice. We may:

  • discontinue or modify products; and
  • limit quantities available to any customer, address, region or jurisdiction,

at our sole discretion.

SECTION 3 – ORDERS

When you place an order through our online store, you are making an offer to purchase the products in your order.

NailPop Studio reserves the right, at our discretion, to accept or reject any order for any reason, including where:

  • products are out of stock;
  • pricing or product information is incorrect; or
  • we reasonably believe the order is fraudulent or for commercial resale.

Your order is accepted only when we issue an order confirmation (for example, by email) and have successfully processed your payment.

Please review your order carefully before submitting it. We may not be able to cancel or change your order once it has been accepted and processed.

If we do not accept your order, or if we need to change or cancel it, we will attempt to notify you using the email address, billing address or phone number you provided.

Your purchases and any returns or exchanges are governed by our Refunds & Returns Policy LINKLINKLINK.

You represent and warrant that you are purchasing products for your personal or household use only, and not for wholesale, commercial resale or export.

SECTION 4 – PRICES AND BILLING

All prices are shown in the currency indicated on the website (for example, AUD) unless stated otherwise.

Prices, discounts and promotions are subject to change without notice. The price applicable to your order is the price displayed at the time you submit the order, as confirmed in your order confirmation email.

Unless clearly stated, prices:

  • do not include shipping or delivery charges; and
  • may not include any taxes, customs or import duties that may be payable in your jurisdiction.

From time to time we may offer promotions or discount codes. These may be subject to additional terms and conditions, which will apply in the event of any inconsistency with these Terms.

You agree to provide current, complete and accurate purchase and payment information for all orders. You must promptly update your account details (such as your email address and payment card details) so we can complete your transactions and contact you where necessary.

By providing payment details, you represent and warrant that:

  1. the payment information is true, correct and complete;
  2. you are duly authorised to use the chosen payment method;
  3. charges incurred by you will be honoured by your payment provider; and
  4. you will pay all charges incurred at the prices displayed (including any applicable shipping charges and taxes).

SECTION 5 – SHIPPING AND DELIVERY

We will arrange delivery of your order to the address you nominate at checkout, using our chosen carriers.

Any delivery timeframes provided are estimates only. While we take reasonable care to dispatch orders promptly, we are not responsible for delays caused by:

  • postal or courier services;
  • customs or border processes; or
  • events outside our reasonable control (for example, strikes, natural disasters, or major disruptions).

Risk of loss or damage to the products passes to you when the products are delivered to your nominated address, except to the extent otherwise required by the Australian Consumer Law or other applicable laws.

If a parcel is returned to us due to an incorrect address or failure to collect, we may require additional payment for re-delivery.

SECTION 6 – INTELLECTUAL PROPERTY

All content and materials on or forming part of the Services, including text, images, graphics, logos, product names, videos, audio, design, layout and look and feel (collectively, “Content”), are owned by NailPop Studio, our affiliates, our licensors or other third parties and are protected by Australian and international intellectual property laws.

You may use the Services and Content for your personal, non-commercial use only.

You must not, without our prior written consent (or the consent of the relevant rights holder, where applicable):

  • reproduce, distribute, modify, adapt or create derivative works from any Content;
  • publicly display, perform, republish, download or transmit any Content; or
  • use any trademarks, logos or branding belonging to NailPop Studio, Shopify or any third party.

Nothing in these Terms grants you any licence or rights in our intellectual property or that of Shopify or any third party, except as expressly set out in these Terms. All rights not expressly granted are reserved.

SECTION 7 – OPTIONAL TOOLS

We may provide you with access to tools, features or services operated by third parties (for example, payment gateways, review widgets or integrations).

You acknowledge and agree that:

  • such tools are provided “as is” and “as available”;
  • we do not control, monitor or endorse these tools; and
  • we are not responsible or liable for your use of such tools.

Your use of third-party tools is entirely at your own risk. You should review and agree to the third party’s own terms and policies before using their tools or services.

Any new features or tools added to the Services in the future will also be subject to these Terms (and any additional terms that we publish for those features).

SECTION 8 – THIRD-PARTY LINKS

The Services may contain links or references to websites, content, products or services operated by third parties.

We are not responsible for:

  • examining or evaluating any third-party content;
  • the accuracy, completeness, legality or reliability of any third-party websites or content; or
  • any loss or damage arising from your use of third-party sites, services or products.

If you access third-party websites or services, you do so at your own risk. You should carefully review the third party’s terms, conditions and privacy policies before engaging in any transaction with them.

Any complaints, claims, questions or concerns regarding third-party products or services should be directed to the relevant third party.

SECTION 9 – RELATIONSHIP WITH SHOPIFY

NailPop Studio is powered by Shopify, which provides the e-commerce platform that enables us to offer the Services to you. However, all sales and purchases made through our online store are between you and NailPop Studio.

By using the Services, you acknowledge and agree that Shopify is not responsible for:

  • the operation of our store;
  • any products or services we sell; or
  • any loss, injury or damage arising from your transactions with NailPop Studio.

You expressly release Shopify and its affiliates from any and all claims, damages and liabilities arising from or in any way related to your purchases and dealings with NailPop Studio.

SECTION 10 – PRIVACY

We handle your personal information in accordance with our Privacy Policy LINKLINKLINK, which forms part of these Terms.

Because our store is hosted by Shopify, some of your personal information is also collected and processed by Shopify in order to provide and improve the Services. This may involve transfers of personal information outside Australia.

By using the Services, you acknowledge that you have read and understood:

  • our Privacy Policy; and

  • Shopify’s privacy documentation (including the Shopify Consumer Privacy Policy, available on Shopify’s website),

and you consent to the handling of your personal information as described there, to the extent permitted by Australian privacy laws.

SECTION 11 – FEEDBACK, REVIEWS AND CONTENT YOU PROVIDE

If you submit, upload, post or otherwise provide any reviews, photos, comments, ideas, suggestions, feedback, proposals or other content (collectively, “Feedback”) to us or through the Services, you:

  • grant NailPop Studio a worldwide, perpetual, irrevocable, sublicensable, royalty-free licence to use, reproduce, modify, publish, distribute and display that Feedback in any media for any lawful purpose, including marketing and improving the Services; and

  • represent and warrant that you own or control all rights in the Feedback, and that our use of it will not infringe the rights of any third party.

You are solely responsible for the content and accuracy of your Feedback.

You must ensure that your Feedback:

  • is not unlawful, defamatory, abusive, obscene, offensive or misleading;

  • does not infringe any intellectual property, privacy or other rights of third parties; and

  • does not contain malware, viruses or harmful code.

We may, but are not obliged to, monitor, edit or remove any Feedback that we consider, in our sole discretion, to be inappropriate, unlawful, offensive or otherwise in breach of these Terms.

SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS

From time to time, information on the Services may contain typographical errors, inaccuracies or omissions, including in relation to:

  • product descriptions;

  • pricing;

  • promotions or offers;

  • shipping charges; transit times; or

  • availability.

We reserve the right to correct any errors, inaccuracies or omissions and to change or update information, or cancel orders, if any information on the Services is inaccurate at any time, without prior notice (including after you have submitted an order), to the extent permitted by law.

If we cancel an order that you have already paid for, we will provide a refund for any amounts paid in respect of that order.

SECTION 13 – PROHIBITED USES

You may only use the Services for lawful purposes and in accordance with these Terms.

You must not use the Services (or attempt to use the Services):

  • for any unlawful, fraudulent or malicious purpose;

  • to breach any applicable law or regulation (including Australian law);

  • to infringe or violate any intellectual property or other rights of us or any third party;

  • to harass, abuse, insult, harm, intimidate, defame, slander or discriminate against any person;

  • to submit false or misleading information;

  • to send unsolicited or unauthorised advertising, spam, chain letters or other forms of solicitation;

  • to impersonate or attempt to impersonate any person or entity;

  • to upload or transmit viruses, malware or any other harmful code;

  • to interfere with or circumvent the security or proper functioning of the Services or any related systems; or

  • in any way that, in our reasonable opinion, may damage our reputation, the Services, Shopify or other users.

We reserve the right to suspend, restrict or terminate your access to the Services at any time, without notice, if we reasonably believe you have breached these Terms or engaged in improper use of the Services.

SECTION 14 – TERMINATION

We may, at any time and in our sole discretion, suspend or terminate:

  • your access to the Services (or any part of them); and/or

  • your account,

for any reason, including if you breach these Terms.

You will remain responsible for any amounts due up to and including the date of termination.

The following sections survive termination of these Terms and your use of the Services: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy, and any other provision which by its nature is intended to continue.

SECTION 15 – DISCLAIMER OF WARRANTIES

The information and content made available through the Services is provided for general information only. We do not guarantee that any information is accurate, complete, up to date or suitable for your particular purpose. You rely on such information at your own risk.

To the maximum extent permitted by law, and subject to your rights under the Australian Consumer Law, the Services and all products and content provided through the Services are supplied “as is” and “as available”, without any representation, warranty or condition of any kind, whether express or implied, including (without limitation) implied warranties or conditions of merchantable quality, fitness for a particular purpose, durability, title and non-infringement.

We do not warrant that:

  • the Services will be uninterrupted, timely, secure or error-free; or

  • any defects will be corrected.

Nothing in this section is intended to exclude, restrict or modify any non-excludable condition, guarantee or warranty implied by law (including the Australian Consumer Law).

SECTION 16 – LIMITATION OF LIABILITY

To the fullest extent permitted by law, and subject to your rights under the Australian Consumer Law:

  • NailPop Studio and our directors, officers, employees, contractors, agents, partners, suppliers and service providers will not be liable for any loss or damage of any kind arising from or in connection with your use of (or inability to use) the Services or any products purchased via the Services; and

  • we exclude all liability for indirect or consequential loss, loss of profit, revenue, savings, data, goodwill, or business opportunity.

Where our liability cannot be excluded but may be limited (for example, under the Australian Consumer Law), our liability is limited, at our option, to:

  • in the case of goods – the repair or replacement of the goods, or the payment of the cost of having the goods repaired or replaced; and

  • in the case of services – the resupply of the services, or the payment of the cost of having the services resupplied.

SECTION 17 – INDEMNIFICATION

You agree to indemnify and hold harmless NailPop Studio, Shopify and our respective directors, officers, employees, contractors, agents, partners, licensors and service providers from and against any claims, losses, damages, costs and expenses (including reasonable legal fees) arising out of or in connection with:

  1. your breach of these Terms or any other policy incorporated by reference;

  2. your violation of any law or the rights of a third party; or

  3. your use of the Services.

We will notify you of any claim requiring indemnification where reasonably practicable, but our failure to do so does not relieve you of your obligations under this section (unless you are materially prejudiced by the failure).

SECTION 18 – SEVERABILITY

If any provision of these Terms is found to be invalid, unlawful or unenforceable, that provision will be read down or severed to the minimum extent necessary, and the remaining provisions will continue in full force and effect.

SECTION 19 – WAIVER; ENTIRE AGREEMENT

Any failure or delay by us in exercising any right or remedy under these Terms does not constitute a waiver of that right or remedy.

These Terms, together with any other policies or terms we publish on our website (including our Privacy Policy and Refunds & Returns Policy), form the entire agreement between you and us in relation to your use of the Services, and replace any prior agreements or understandings (whether oral or written) relating to the Services.

SECTION 20 – ASSIGNMENT

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

We may assign, transfer or novate our rights and obligations under these Terms at any time, without notice to you, to the extent permitted by law.

SECTION 21 – GOVERNING LAW

These Terms and any dispute or claim arising out of or in connection with them (including non-contractual disputes or claims) are governed by the laws of Queensland, Australia.

You and NailPop Studio submit to the non-exclusive jurisdiction of the courts of Queensland and the courts that hear appeals from them.

SECTION 22 – HEADINGS

Headings are for convenience only and do not affect the interpretation of these Terms.

SECTION 23 – CHANGES TO THESE TERMS

We may update or amend these Terms from time to time. The most current version will always be available on our website and will show the “Last updated” date at the top.

Where required by law, we will provide notice of any material changes. Your continued use of the Services after changes take effect will constitute your acceptance of the updated Terms.

SECTION 24 – CONTACT INFORMATION

If you have any questions about these Terms or the Services, please contact us:

NailPop Studio
Email: info@nailpopstudio.com.au