Terms of service
Last Updated: 4/11/2025
This website is owned and operated by Tops and Bottoms ©. Any unauthorized changes to its content are strictly prohibited.
BY USING OUR WEBSITE OR MAKING A PURCHASE, YOU AGREE TO THESE TERMS.
Welcome to Tops and Bottoms! These Terms of Service ("Terms") govern your access to and use of our website, products, and services. By engaging with Tops and Bottoms, whether through browsing, purchasing, or participating in promotional programs, you agree to be bound by these Terms, as well as our Privacy Policy and any other applicable policies referenced herein.
If you do not agree with any of these Terms, you must discontinue your use of our website and services immediately.
1. Who We Are
Tops & Bottoms is a premier retailer of apparel, footwear, and accessories from top brands like Nike, Adidas, Jordan, Puma, New Era, and more. Founded in 1987 in Chicago, we have expanded to three major retail locations and a thriving online store, delivering authentic fashion at unbeatable prices.
2. Acceptance of Terms & Eligibility
- Legal Capacity: You must be at least 13 years old to browse and make a purchase. By using our site, you confirm that you have the legal authority to enter into this agreement.
- Business & Consumer Use: Our website is intended for personal, non-commercial use only. Any unauthorized commercial exploitation is strictly prohibited.
- Consent to Changes: We reserve the right to update, modify, or revise these Terms at any time, and your continued use of our services constitutes acceptance of the latest version.
📌 It is your responsibility to review these Terms periodically before making a purchase. We do not provide individual notifications of updates.
2. Orders, Payments & Pricing Policies
When you place an order with Tops and Bottoms, you are making a legal offer to purchase our products under the following conditions:
- Order Confirmation: All orders are subject to acceptance and availability. You will receive an order confirmation email, but this does not guarantee fulfillment.
- Pricing Accuracy: We strive for accurate pricing and product descriptions. However, we reserve the right to correct any errors (whether human, technical, or system-based) and cancel orders due to inaccurate pricing, misrepresentations, or availability issues.
- Payment Authorization: By completing a transaction, you confirm that you have the legal right to use the selected payment method. Unauthorized payment use may lead to order cancellation and potential legal action.
Before placing an order, we recommend reviewing our Shipping Policy and Return Policy for important details on delivery, returns, and refunds.
3. Order Cancellations & Returns
Tops and Bottoms reserves the right to cancel orders at our sole discretion under the following circumstances:
- Pricing or description errors that result in misleading information.
- Fraudulent, unauthorized, or suspicious transactions flagged by our system or payment processor.
- Inventory shortages where the last available item is damaged or unsellable.
- Violation of our Terms of Service or Privacy Policy.
If your order is canceled, we will notify you via email or call.
Return & Refund Policy
- Eligibility: Items must be unused, in original condition, and returned within our specified return window.
- Exclusions: Final sale items are not eligible for returns or refunds.
- Partial Refunds: Worn items or those damaged after delivery may be eligible for a return with a 50% restocking fee if they show signs of slight use, or are missing original packaging or tags.
- Refund Method: Approved refunds will be processed back to the original payment method or via gift card at the customer’s discretion.
📌 For full return guidelines, refer to our Return Policy.
4. Intellectual Property & Content Ownership
All content on Tops and Bottoms, including but not limited to text, graphics, product images, branding elements, and website design, is protected by copyright, trademark, and intellectual property laws.
- Ownership: All content belongs to Tops and Bottoms, excluding third-party material, and may not be used, copied, or modified without explicit permission.
- Third-Party Content: Some images and product descriptions are provided by our partnered brands and may be subject to third-party copyright protections.
- Copyright Complaints: If you believe your content has been used improperly, contact us with valid proof of ownership, and we will take appropriate action..
📌 Unauthorized use of our intellectual property may result in legal consequences, including but not limited to account termination, order cancellation, and potential legal action.
5. User Conduct & Prohibited Activities
To maintain a fair and safe shopping environment, users must adhere to the following guidelines:
- No fraudulent or deceptive activities (e.g., false chargeback claims, unauthorized payment use).
- No misuse of discount codes, loyalty programs, or referral offers.
- No abusive, offensive, or defamatory language in reviews, comments, or interactions with customer support.
- No unauthorized data scraping, hacking, or security breaches of our website.
📌 Violation of these terms may lead to account suspension, order cancellation, or legal consequences.
6. Privacy Policy & Data Handling
Your privacy is important to us. By using Tops and Bottoms, you agree to our Privacy Policy, which governs how we collect, use, and protect your personal information.
- We collect data to process orders, enhance your shopping experience, and provide tailored promotions.
- We do not sell your personal information to third parties for marketing purposes.
- We use cookies and tracking technologies to improve website performance and provide personalized content.
- You can manage cookie settings in your browser, but disabling them may impact site functionality.
Data Access & Deletion Requests
- If you are a resident of California (CCPA/CPRA), Colorado, Connecticut, Utah, or Virginia, you have the right to request access to or deletion of your data, as per applicable consumer privacy laws.
- Customers outside these states may also request account deletion or data updates by contacting our customer service or emailing us.
- We will verify your request and respond within the legally required timeframe.
📌 For full details on how we handle your data, visit our Privacy Policy.
7. Website Use, Errors & Technical Issues
While we strive to maintain an optimal online experience, Tops and Bottoms is not responsible for:
- Website downtime, service interruptions, or crashes due to maintenance, third-party service failures, or unforeseen circumstances.
- Inaccuracies, outdated product descriptions, or typographical errors that may appear on the website, marketing materials, or customer service responses.
- Loss of profits, data corruption, or damages resulting from reliance on any website content, including blogs, promotions, or product information.
Customer Service & Communication Disclaimer
- Information provided by our customer service representatives, email, or live chat is for general guidance only and does not constitute a legally binding agreement.
- If any misinformation results in an issue, we will work to resolve it fairly, which may include offering a refund, return, or an alternative solution at our discretion.
📌 By using our website, you acknowledge that all content is provided "as is" without guarantees of accuracy, and we reserve the right to modify or remove content at any time.
8. Promotions, Payments, Gift Cards & Reward Policies
Tops and Bottoms Reward Points
Tops and Bottoms Reward Points is our exclusive loyalty program, designed to thank our customers with special perks and benefits for shopping with us.
- Ways to Earn Points: Earn points through purchases, referrals, and select promotional activities as listed on our website. VIP tiers—Bronze, Silver, and Gold—unlock even more benefits for our most loyal customers.
- Redemption: Points can be redeemed for discounts, exclusive deals, or special perks, subject to availability and program terms.
- Restrictions: Points do not expire unless your account is deleted. They may not be eligible for use on select products or during promotional exclusions noted on our site.
Gift Cards Policy
Gift cards are available for purchase directly on our website and are delivered via email with a unique redemption code. They can be used for online purchases by the buyer or gifted to someone else.
- Eligible for a refund within 30 days, provided the card has not been used, and in line with our standard return policy.
- Gift cards cannot be redeemed for cash (unless required by law), used to buy other gift cards, or applied to previous purchases.
- Lost or stolen gift cards will not be replaced, so please treat them like cash.
Promotions & Discount Code Policies
- Discount codes must be entered at checkout and cannot be applied retroactively to past orders.
- Some promotions may include exclusions, expiration dates, or usage limits—please check details at the time of use.
- We reserve the right to cancel or modify promotions at any time without prior notice.
Buy Now, Pay Later & Payment Flexibility
We offer flexible payment options through Klarna, Affirm, Afterpay, and Shop Pay, giving you the freedom to split your purchase into 4 to 6 interest-free installments.
📌 Any misuse of discount codes, rewards, or referral programs may lead to account suspension or loss of promotional benefits.
9. Cookies, Tracking & Third-Party Links
- We use cookies, tracking technologies, and third-party services to improve user experience, analyze site performance, and tailor content to your interests.
- These technologies help us save shopping cart preferences, and show relevant advertisements.
- By using our website, you consent to our use of cookies and similar tracking methods.
Managing Your Preferences
- You can modify your browser settings to disable cookies, but doing so may affect website functionality.
- Third-party links on our site may redirect you to external platforms. We are not responsible for third-party policies, data collection, or content.
📌 For a full breakdown of how we use cookies and tracking tools, refer to our Privacy Policy.
10. Limitation of Liability & Legal Disputes
General Liability Disclaimer
To the fullest extent permitted by law, Tops and Bottoms shall not be liable for:
- Incidental, indirect, or consequential damages resulting from website use, product purchases, or reliance on any provided content.
- Lost profits, business disruptions, or data loss due to site errors, security breaches, or unauthorized access.
- Third-party misconduct, unauthorized transactions, or fraudulent use of payment methods.
Dispute Resolution & Governing Law
- Any disputes arising from the use of our website or services shall be resolved in accordance with the laws of the State of Illinois, without regard to conflict-of-law principles.
- Binding Arbitration: Any legal disputes shall be resolved through binding arbitration (please refer to section 11) rather than court litigation, except where prohibited by law.
- No Class Actions: You agree to waive any right to participate in a class action lawsuit against Tops and Bottoms .
📌 By using our website, you acknowledge that our liability is limited, and legal claims must be addressed through arbitration in compliance with our policies.
11. Dispute Resolution & Binding Arbitration
PLEASE READ THIS SECTION CAREFULLY—IT AFFECTS YOUR LEGAL RIGHTS.
By using our website, making a purchase, or engaging with our services, you agree that any disputes, claims, or controversies arising out of or relating to these Terms of Service, your use of our website, or any products/services purchased from Tops & Bottoms shall be resolved through binding arbitration, rather than in court, except in limited circumstances outlined below.
A. Agreement to Arbitrate
You and Tops & Bottoms agree that any disputes, including but not limited to claims related to privacy rights, product issues, warranties, transactions, marketing practices, or service terms, shall be resolved through final and binding arbitration, administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules.
- Arbitration will be conducted on an individual basis only, meaning you waive the right to bring or participate in class-action lawsuits or consolidated claims.
- The arbitrator's decision will be final and enforceable, and a judgment based on the arbitration award may be entered in any court of competent jurisdiction.
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Location & Fees: If you are a U.S. resident, arbitration will take place in your state of residence. Otherwise, it will be held in Chicago, Illinois. Each party will bear its own legal fees, but we may reimburse arbitration costs if required by law.
B. Exceptions to Arbitration
This agreement does not require arbitration for the following disputes:
- Claims that qualify for small claims court in your state of residence.
- Intellectual property disputes, including trademark, copyright, or patent infringement claims.
- Legal actions brought to enforce or protect Tops & Bottoms' intellectual property rights.
C. Class Action & Jury Trial Waiver
By agreeing to arbitration, you and Tops & Bottoms waive the right to:
- File or participate in a class-action lawsuit or class-wide arbitration.
- Have disputes decided by a jury—arbitration is the sole dispute resolution method.
D. Opt-Out Option
If you do not wish to be bound by this arbitration clause, you must notify us in writing within 30 days of your first purchase or website use by emailing estore@topsandbottomsusa.com with the subject line: “Opt-Out of Arbitration.” Your notice must include your full name, address, and a statement that you opt out of arbitration.
E. Severability
If any portion of this Binding Arbitration Agreement is found to be unenforceable, the rest shall remain in effect.
📌 By using our website or purchasing from Tops & Bottoms, you acknowledge and agree to this Arbitration Agreement. If you do not agree, your sole recourse is to discontinue the use of our services.
12. Account Termination & Policy Violations
Accounts may be suspended or permanently terminated if we detect any of the following:
- Fraudulent activity, multiple chargebacks, or unauthorized transactions.
- Abuse of promotions, loyalty programs, or referral benefits.
- Violation of our Terms of Service or Privacy Policy.
📌 We reserve the right to take appropriate action against any accounts engaging in misconduct, including canceling orders, revoking promotional benefits, and restricting future transactions.
13. User-Generated Content & Public Interactions
By submitting content (such as reviews, comments, social media posts, or product images) to Tops and Bottoms, you agree to the following:
- License Grant: You give us a non-exclusive, royalty-free, worldwide, perpetual license to use, modify, distribute, and display your content for marketing, promotional, or business purposes.
- No Offensive or Illegal Content: You may not post anything that is defamatory, obscene, misleading, or violates any third-party rights (including copyrights or trademarks).
- Moderation & Removal: We reserve the right to edit or remove any content at our discretion, without obligation to monitor all user submissions.
📌 Public comments and reviews do not reflect our opinions, and we are not liable for content posted by users.
14. Indemnification & Protection Against Claims
By using Tops and Bottoms’ website and services, you agree to indemnify, defend, and hold us harmless from any claims, damages, or liabilities resulting from:
- Your violation of these Terms of Service or our Privacy Policy.
- Your misuse of the website, services, or any third-party interactions.
- Any disputes or claims related to content you submit or share.
📌 This means you are responsible for any legal consequences arising from your actions while using our platform.
15. Final Disclaimers & Policy Acknowledgment
- No Warranties: We provide our website and services "as is" and "as available", without warranties of any kind, either express or implied.
- Changes to Terms: We may update these Terms of Service at any time, and it is your responsibility to review them periodically.
- Severability: If any part of these terms is found unenforceable, the remaining sections will still apply in full force.
📌 By continuing to use our website, you acknowledge and accept these Terms of Service.
16. Contact & Dispute Resolution
For any questions about these Terms, contact us at:
📞 Phone: +1 (773) 482-3900
📧 Email: estore@topsandbottomsusa.com
🌐 Contact Form: Reach us here
Dispute Resolution: If an issue arises, we encourage resolving it through customer service before taking legal action. Any legal disputes will be handled through binding arbitration in Illinois as outlined above.