Terms of Use
Frock Box is an online fashion retailer that blends personal styling and unique products to deliver an easy, at-home personalized shopping experience. Frock Box, Ltd. ("Frock Box", "we", "us", or "our") offers a service that gives you access to clothing and accessories ("Products") from established and up-and-coming brands. The following terms and conditions (the "Terms of Use" or "Terms") form a binding agreement between you and us, and govern your use of the website located at www.frockbox.ca (the "Site"), the services offered through the Site, and any orders that you place (collectively, the "Services").
When you use Frock Box ("Frockbox.com", “ Frockbox.ca”,"Frock Box", "we", "our", "us") you understand that you are subject to the following conditions. If you visit or shop www.frockbox.ca, you accept and agree to abide by these conditions. Please read them carefully. When you use any current or future FROCKBOX.CA or FROCKBOX.COM service, you will be also subject to the guidelines and conditions applicable to such service or business. Before placing an order for products or Services, if you have any queries relating to these terms and conditions, please email our customer service team at customerservice@frockbox.ca.
BY USING THE FROCKBOX.CA SITE AND THE SERVICES OFFERED THROUGH IT, YOU AGREE TO BE BOUND BY THESE CONDITIONS OF USE AND ALL RELATED POLICIES, CONDITIONS, AND GUIDELINES. IF YOU DO NOT AGREE WITH ANY OF THESE CONDITIONS OF USE, YOU MAY NOT USE THE FROCKBOX.CA SITE.
These Terms of Use are subject to occasional revision. We will notify you of any changes to our Terms of Use by posting the new Terms of Use here: www.frockbox.ca/terms and updating the "Last Updated" date below. At our discretion, we may also notify you of certain changes by sending you an email to the email address associated with your account. You are responsible for providing us with your current e-mail address, which you may do when you create an account, and you may update it by modifying the information when logged in to your Account. For existing users of the Services, any changes to these Terms of Use will be effective thirty (30) calendar days following our posting of the changes on our Services. These changes will be effective immediately for new users of the Services. Continued use of the Services, including purchasing Products from us, following such changes will indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes. Please regularly check www.frockbox.ca/terms to view the then-current Terms.
Types of Users
You may simply browse the Site as a visitor or you may create an account ("Account") to become a client ("Client"). You must be a Client to order Frock Box Subscriptions.
Accounts
To become a Client, you must provide your name, email address, other registration information, and select a password ("Account Information"), which you should not share with any third parties. In becoming a Client, you represent and warrant that: (a) all required Account Information you submit is truthful and accurate, and (b) you will maintain the accuracy of such Account Information. We will also ask you for additional information about your size, fit, and style preferences in order to establish your style profile ("Style Profile"). In order that the Services work best for you, please keep your Style Profile up to date within your profile with any adjustments. Please also keep your Account Information confidential. If someone accesses our Services using your Account Information, we will rely on that Account Information and will assume that it is really you or someone you have authorized who is accessing the Services. You are solely responsible for any and all use of your Account Information and all activities (including orders placed through the Services) that occur under or in connection with your Account. We reserve the right to take whatever action we deem necessary to preserve the security of the Services and your Account, including without limitation terminating your Account, changing your password, or requesting additional information to authorize transactions on your Account. You agree to be responsible for any act or omission of any users that access the Services under your Account. You may not use anyone else's Account at any time without the permission of the Account holder. Please notify us immediately if you become aware that your Account Information is being used without authorization. You agree not to register for more than one Account, register for an Account on behalf of an individual other than yourself without such individual's authorization, or register for an Account on behalf of any group or entity. Your account be accessed, once set up, by going to www.frockbox.ca
Frock Box Shipments, Returns and Exchanges
Frock Box Shipments
Favourites Box. When you sign up for a Frock Box Favourites subscription, you are charged a $24.99 Styling Fee + $9.99 Shipping and we will send you Five (5) individually priced Clothing Items or Accessories chosen by Frock Box, at its sole discretion. You will be able to try them on to see what you like. You can decide to keep all, some, or none of the Products in the shipment, and we will charge you for the items you keep as described in the Styling Fee and Payment section (below). Any late returns will be charged an additional $20/box Restocking Fee per month and items returned late will be eligible for a Frock Box credit.
Gold Box. When you sign up for a Frock Box Gold subscription, you are charged a flat rate of $99.99 + $9.99 Shipping to receive a coordinated bag of items. You may receive a 2-3 pieces including accessory to create a cohesive look. You are not charged further for keeping any items, and are able to return items should they not work for you (see below, Returns)
Shoe Box. When you sign up for Frock Box Shoe Box, you will receive a piece a pair of the featured shoes for $64.99 + $9.99Shipping. You have the choice to accept or decline these shoes as an email notification is sent out, you must login to your account to accept or deny the shoes within 48 hours. If you select yes, this box will renew and charge your credit card on the 1st of the month. (see below, Returns)
Scheduling
If you order any Subscription, you authorize us to charge you for the Styling Fee or Subscription Fee in accordance with these Terms of Use. You may change the scheduled date for your Subscription at any time prior to your Renewal date (the day you sign up for the service, your renewal date can be found in your customer account). As explained in the Styling Fee and Payment section, you are responsible for: (i) the Styling Fee/Subscription Fee for any Subscription that is not cancelled prior to your renewal date and (ii) the price of any Products that are not returned in accordance with our policies (for Favourites Program). These Terms of Use will govern any Service. We may refuse to ship to any address for any reason including because it is outside the geographic area that we serve (currently only in Canada) or it is to an address that we determine is associated with fraudulent purchases.
Returns
Favourites Subscription: If you want to return any of the Five (5) Pieces selected for you in your Favourites Subscription, simply place them back in the re-sealable package you received the items in and mail them back to us at no cost to you using the return shipping label provided. Any returned products must be postmarked no later than five (5) business days after you receive the package (the "Return Date") and must be unworn and in the original condition. You will retain title to the Products and risk of loss of the Products will remain with you until we receive the returned Products and we determine that the Products were returned unworn and in their original condition, at which point you will be deemed to have rejected the Products and title will return to us. Until you have paid for items chosen for you, Frock Box still owns the items. We will assume that you have chosen to keep any Products in the Favourites Bag that you do not postmark back to us by the Return Date, and we will charge your Account for those Products any time after the Return Date with a 25% discount. Any exceptions permitting a return postmarked later than the Return Date must be requested by emailing customerservice@frockbox.ca in a timely manner and may be granted at the sole discretion of Frock Box. Any returns postmarked after your Return Date without prior approval will be subjected to a $20 late fee each month (30 days) it is late and items returned late will only be eligible for a credit, no refunds. Unfortunately, we cannot guarantee that you will be able to exchange or replace any item.
Gold Subscription: If you want to return any items received in your Frock Box Gold package, please return ALL items as they are sold as a set to 445 St.Albert Trail, Unit 36 St.Albert AB T8N6T9 within 10 business days of delivery. The cost of return shipping is the expense of the subscriber. Once received back by our warehouse, a refund will be issued for the styling fee, not the shipping fee. Items must be unworn with original tags attached.
Shoe Box Subscription: We do not offer exchanges or refunds on Shoe Box items as you have the option to accept or deny the shoe prior to payment and shipping. If you receive a damaged item, please reach out to customerservice@frockbox.ca along with a picture of the damage.
Exchanges
We do not offer exchanges as our inventory is always changing. If you want to request a different size of any of the Products in your Subscription, you can request that at checkout when you leave style notes for your stylist. If the item is available for your Stylist to select from upon your next renewal, your stylist will select it for you.
Exchanges are not available for Gold or Shoe Box subscriptions.
Legal Details: Your scheduling of a Subscription is an offer to purchase the Products in the Subscription. We may accept your offer by processing your Styling Fee payment and shipping you the Subscription. For any reason, we may decline to accept your request for a Subscription. If we decline to accept your request for a Subscription, we may attempt to notify you at the email address you provided. All Products will be deemed accepted by you upon shipmentreceipt, and title to and risk of loss passes to you when we provide the Products to a common carrier. Until you pay for them items you receive, they are still the property of Frock Box, and once payment is received, ownership passes to you.
Styling Fee and Payment
When we ship you a Frock Box Favourites, we will charge you a non-refundable "Styling Fee" in the amount of $24.99+ $9.99 Shipping + GST. The Styling Fee will be charged to your credit card or other payment method immediately. Within five (5) days of receiving your Favourites Subscription, we request that you return any Products you don't want to keep. If you choose to keep Products from your Favourites Subscription, the Styling Fee (minus the shipping fee) will be credited towards the purchase price of those Products (prices will be outlined on the invoice you receive with your shipment, and each piece will be individually priced). If you have a credit in your Account at the time of processing the Styling Fee or paying for Products, the credit will be applied before we charge your credit card or other payment method then available. By submitting your payment information to us, you authorize us to charge your credit card or other payment method then available in accordance with this policy, including for kept Products, and any Products that are returned late or damaged. You agree to the Styling Fee being charged to the card on file on a recurring basis every month on your renewal date until you cancel the automatic Subscription in your account. You may cancel an upcoming Subscription by accessing your account and cancelling the Service at any time prior to your renewal date. You represent that you will not use any credit card or other form of payment unless you have all necessary authorization to do so. We will not be liable in the event your children or others acting with or without your permission use your credit card, PayPal account, or other means of payment to make orders on the Services; however, you may report any unauthorized use to us, and we will use reasonable measures within our control to help prevent future unauthorized use of your credit card or other payment method. The above applies to our Favourites and Gold Subscription ($99.95 + $9.99shipping) and Shoe Box Subscription ($64.99 + $9.99shipping) as well.
Pricing and Products
Frock Box does not disclose the prices of its Products until you receive an Invoice for your Subscription. While Frock Box makes efforts to follow the style and price preferences you express in your Styling Profile, we do not guarantee that every item in your Subscription will comply with those preferences. You are responsible for paying for all Products in your Subscription , whether they conform to your Style Profile or not, unless you return the Products in accordance with our return policy. You are responsible for the payment of any Styling Fees, and Canadian sales taxes that apply to your order where we elect or are required to collect and remit such taxes. Frock Box provides certain promotions or credits to customers. The application of the promotion or credit will be reflected on your receipt. We do our best to ensure all items shipped are without damages or defects. If you receive a damaged or defective item, please contact us at customerservice@frockbox.ca and include a picture of the item/damage prior to your Return Date so we can resolve the issue before you are charged for the item.
Gift Cards
You may purchase Frock Box gift cards on our website. Frock Box Gift Cards can be redeemed solely through our Services for Products or Styling/Subscription Fees. Frock Box Gift Cards cannot be redeemed for cash. For balance information, log in to your Customer Account. Frock Box Gift Cards are sent via email, no physical copies are mailed. Risk of loss and title for Frock Box Gift Cards pass to the purchaser upon electronic transmission to the purchaser or designated recipient. Frock Box is not responsible for lost or stolen Frock Box Gift Cards, or for use without your or the recipient's permission. Frock Box reserves the right to close accounts or request alternative forms of payment if a Frock Box Gift Card is fraudulently obtained or used.
Ownership of Intellectual Property
You understand and acknowledge that the software, code, and proprietary methods and systems used to provide the Services ("Our Technology"), and the materials, information, and content made available or displayed by us through the Services (collectively, "Our Content") are: (a) copyrighted by us or our licensors under Canadian and international copyright laws; (b) subject to other intellectual property and proprietary rights and laws; and (c) owned by us or our licensors. Neither Our Content nor Our Technology may be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without our prior written permission and the prior written permission of our applicable licensors. Subject to these Terms of Use, we grant you a non-transferable, non-exclusive, revocable, limited license to use and access, solely for your own personal, noncommercial use (a) the other aspects of the Services. You must abide by all copyright notices, information, or restrictions contained in or attached to any of Our Content or Our Technology and you may not remove or alter any such notice, information, or restriction. Nothing in these Terms of Use grants you any right to receive delivery of a copy of Our Technology or to obtain access to Our Technology except as generally and ordinarily permitted through the Services according to these Terms of Use. Furthermore, except for the limited license above, nothing in these Terms of Use will be deemed to grant, by implication, estoppel or otherwise, a license to Our Technology or Our Content. Certain of the names, logos, and other materials displayed on Products or in the Services constitute trademarks, tradenames, service marks or logos ("Marks") of Frock Box or other entities. Ownership of all such Marks and the goodwill associated with such Marks remains with us or those other entities. You are not authorized to copy, modify, or otherwise use our Marks. Any use of third party software provided in connection with the Services will be governed by such third parties' licenses and not by these Terms of Use.
Privacy
Please review our Privacy Policy, which also governs your visit to the FROCKBOX.CA site and forms part of these terms, in order to understand our practices.
Electronic Communications
When you visit FROCKBOX.CA or send e-mail to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the FROCKBOX.CA site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Copyright
All content included on the FROCKBOX.CA site - such as text, without limitation, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software - is the property of FROCKBOX.CA or content suppliers, and is protected by Canadian and international copyright laws. The compilation of all content on the FROCKBOX.CA site is the exclusive property of FROCKBOX.CA and protected by Canadian and international copyright laws. All software used on the FROCKBOX.CA site is the property of FROCKBOX.CA or its software suppliers, and protected by Canadian and international copyright laws.
Trademarks
Frockbox.ca, Frock Box, and other marks indicated on our site are trademarks or registered trademarks of Frock Box Ltd. in Canada and other countries. Frock Box graphics, logos, page headers, button icons, scripts, and service names are trademarks of Frock Box. Frock Box trademarks may not be used in connection with any product or service that is not Frock Box, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Frock Box. All other trademarks not owned by Frock Box or its affiliates that appear on the FROCKBOX.CA site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Frock Box.
Content Guidelines
Please use good taste in any and all content, including text, links, images, and videos, you post ("Your Content") to our Services, in our forums, comments to our blog, or on any other page or website related to Frock Box. We reserve the right, but do not undertake an obligation, to review Your Content, and to investigate and/or take appropriate action against you or Your Content in our sole discretion if you violate the guidelines below or any other provision of these Terms of Use or otherwise create liability for us or any other person. Such action may include removing or modifying Your Content, terminating your Account, and/or reporting you to law enforcement authorities. You are solely responsible for Your Content. You assume all risks associated with use of Your Content. You understand that we do not guarantee any confidentiality with respect to Your Content. You may not represent or imply to others that Your Content is in any way provided, sponsored or endorsed by us. We are not obligated to back up Your Content, and Your Content may be deleted at any time without prior notice. You are solely responsible for creating and maintaining your own backup copies of Your Content if you desire. We will not be liable for the deletion or accuracy of Your Content; the failure to store, transmit, or receive transmission of Your Content; or the security, privacy, storage, or transmission of other communications originating with or involving use of the Services. We reserve the right in our sole discretion to pre-screen, refuse, or remove Your Content at any time for any reason. Please make sure that you only provide information to the Services that you are allowed to share without violating any obligations you may have to a third party. We do not claim any ownership of Your Content. By making available Your Content on or in the Services, you represent that you own or have all rights necessary to make available Your Content to us. You hereby grant, and you represent and warrant that you have the right to grant, to us a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable license to license, reproduce, distribute, modify, adapt, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use Your Content (in whole or in part) for the purposes of including Your Content in the Services and operating, providing and promoting the Services. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to Your Content.
Illegal Usage Prohibited
You shall not use Frock Box’s Website or materials to past, transmit, upload, distribute or publish any content that is libelous, seditious, defamatory, blasphemous, fraudulent, invasive of another’s privacy, tortuous, obscene, pornographic, abusive, infringing or otherwise illegal, as determined in the sole discretion of Frock Box. You agree to comply with all applicable local, provincial, federal and international laws, regulations and treaties while using this site. In addition, while using the website in accordance with these terms as modified from time to time, you agree to comply with generally accepted internet standards and shall refrain from any abusive use of this site.
General Rules of User Conduct
You agree not to (i) take any action or (ii) make available any content on or through the Services that: (A) violates any third-party right, including any intellectual property or proprietary right; (B) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, offensive, or profane; (C) constitutes unauthorized or unsolicited advertising, junk or bulk e-mail; (D) involves commercial activities and/or sales without our prior written consent; (E) impersonates any person or entity; (F) interferes with or attempts to interfere with the proper functioning of Our Technology in any way not expressly permitted by the Terms; or (G) attempts to engage in or engage in, any potentially harmful acts that are directed against Our Technology.
Right to Suspend
Frock Box reserves the right, in its discretion, to suspend your Account, your use of the Services or the sending of Subscriptions at any time at our discretion including, as necessary to protect the security or operation of the Services.
Feedback
In the event that you provide us any ideas, thoughts, criticisms, suggested improvements or other feedback related to Products or the Services (collectively "Feedback"), you agree we may use the Feedback to: (a) improve our Services or any Products and (b) promote the Services and Products, and that you will not be due any compensation for your Feedback that is used in these ways. To the extent that we have your name, likeness, or voice, this will be part of the Feedback and you agree that we may use your name, likeness and voice in the same manner that we can use other Feedback. You grant to us a worldwide, royalty-free, fully paid, perpetual, irrevocable license to use, reproduce, modify, translate, distribute, perform, display, import, sell, offer for sale, make, have made and otherwise exploit the Feedback in any form, media, or technology, whether now known or hereafter developed, and to allow others to do the same. This is true whether you provide the Feedback on the Services or through any other method of communication with us, unless we have entered into a separate agreement with you that provides otherwise.
Modifications to the Site or Services
We reserve the right to modify or discontinue the Services (including Subscriptions) with or without notice to you. We will not be liable to you or any third party should we exercise our right to modify or discontinue the Services. If you object to any such changes, your sole recourse will be to cease access to the Services. Continued access to the Services following notice of any such changes will indicate your acknowledgement of such changes and satisfaction with the Services as so modified. You agree that we, in our sole discretion, may immediately terminate your access to the Services at any time, for any reason, in our sole discretion. You agree that we will not be liable to you or any other party for any termination of your access to the Services.
Third Party Content and Other Websites
Content from other users, suppliers, advertisers, and other third parties may be made available to you through the Services. Because we do not control such content, you agree that we are not responsible for any such content. We do not make any guarantees about the accuracy, currency, suitability, or quality of the information in such content, and we assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content made available by other Users, advertisers, and other third parties or violation of any third party rights related to such content. The Services may contain links to websites not operated by us, including without limitation the websites of the brands we include in Subscriptions. We are not responsible for the content, products, materials, or practices (including privacy practices) of such websites. We provide these links for your convenience only and we do not control such websites. Our inclusion of links to such websites does not imply any endorsement of the materials on such third party websites or any association with their operators. The Services may also contain links to websites that are operated by us but which operate under different terms of use. It is your responsibility to review the privacy policies and terms of use of any other website you visit. You agree that in no event will we be liable to you in connection with any websites, content, products, materials, or practices of any third party.
Disclaimer of Warranties
The Services and all content, products and services included on or otherwise made available to you through the Services are provided by Frock Box "with all faults" and on an "as is" and "as available" basis, unless otherwise specified in writing. Frock Box makes no representations or warranties of any kind, whether express or implied, as to the operation of the Services or any content, products or services included on, or otherwise made available to you through, the Services, unless otherwise specified in writing, including, but not limited to, any warranties of merchantability, fitness for a particular use or purpose, non-infringement, quiet enjoyment, and accuracy. You expressly agree that your use of the Services and products purchased through the services is at your sole risk.
We make no warranty that the Products or Services will meet your requirements, or that the Services will be uninterrupted, timely, secure, or error free; nor do we make any warranty as to the results that may be obtained from the use of the Products, or Services, or that defects in the Products, or Services will be corrected. We specifically disclaim any liability associated with the use of the Products (e.g., rashes that may develop from wearing the Products or dyes that bleed from the Products onto other items) and you agree that you will not sue Frock Box for any claim related to any Products purchased through the Services. You understand and agree that you will be solely responsible for any damage to your computer or loss of data that results from the download of any material and/or Our Content. No advice or information, whether oral or written, obtained by you from us through the Services, or otherwise will create any warranty, representation or guarantee not expressly stated in these Terms of Use.
Limitation of Liability
You acknowledge and agree that we are only willing to collect payment, facilitate the fulfillment of orders, and provide access to the Services if you agree to certain limitations of our liability to you and to third parties. You understand that to the extent permitted under applicable law, in no event will we or our officers, employees, directors, parents, subsidiaries, affiliates, agents, or licensors be liable for any indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of revenues, profits, goodwill, use, data, lost opportunities, or business interruptions or other intangible losses (even if such parties were advised of, knew of or should have known of the possibility of such damages, and notwithstanding the failure of essential purpose of any limited remedy), arising out of or related to your use of or access to, or the inability to use or to access, the Services, regardless of whether such damages are based on contract, tort (including negligence and strict liability), warranty, statute, or otherwise. We will not be liable for any damages arising from the products or for any information appearing on any other site linked to our Services. If you are dissatisfied with any portion of the Services, your sole and exclusive remedy is to discontinue use of the Services. Our total liability to you for all claims arising from or related to the Services is limited, in aggregate, to the greater of (i) the total amount of your orders in the three (3) months prior to the date of the event giving rise to our liability, or (ii) fifty dollars (CDN $50.00). Without limiting the foregoing, under no circumstances will we or our licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond our reasonable control, including, without limitation, internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of god, war, governmental actions, orders of domestic or foreign courts or tribunals, or non-performance of third parties.
Indemnification
You agree to indemnify, defend and hold harmless Frock Box, our parents, subsidiaries, affiliates, officers, directors, co-branders and other partners, employees, consultants and agents, from and against any and all third party claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys' fees and court costs) that such parties may incur as a result of or arising from: (i) your use of the Products or Services (except to the extent prohibited by law); (ii) your violation of these Terms of Use; (iii) your violation of any rights of any other person or entity; (iv) any content, information or materials you upload to the Services; or (v) any viruses, Trojan horses, worms, time bombs, spyware, malware, cancelbots or other similar harmful or deleterious programming routines input by you into the Services. You agree not to (i) take any action or (ii) make available any content on or through the Services that: (A) violates any third-party right, including any intellectual property or proprietary right; (B) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, offensive, or profane; (C) constitutes unauthorized or unsolicited advertising, junk or bulk e-mail; (D) involves commercial activities and/or sales without our prior written consent; (E) impersonates any person or entity; (F) interferes with or attempts to interfere with the proper functioning of Our Technology in any way not expressly permitted by the Terms; or (G) attempts to engage in or engage in, any potentially harmful acts that are directed against Our Technology.
Survival
Even after your rights under these Terms of Use are terminated, all provisions of these Terms of Use which by their nature should survive, will survive, including, without limitation, ownership provisions, warranty disclaimers, indemnification obligations, and limitations of liability.
Notice: Violations
We may give notice to you by email, a posting on the Services, or other reasonable means. You must give notice to us in writing via email to customerservice@frockbox.ca or as otherwise expressly provided. Please report any violations of these Terms of use to customerservice@frockbox.ca
CONTACT INFORMATION
Frock Box, Ltd.
445 St.Albert Trail, Unit 36
St.Albert AB T8N6T9
Last updated March 19, 2024