Terms of Purchase
Welcome to Roxanne Carne | Personal Stylist, LLC/StyleRox (“Roxanne Carne” “we,” “us” or “our”)! These Terms of Purchase (“Terms”) are a contract between you and us and govern your purchase of the services (the “Services”) made available through our website (the “Site”). These Terms do not alter in any way the terms or conditions of any other agreement you may have regarding our products, services or otherwise.
1. USE.
By purchasing the Services, you accept and agree to be bound by these Terms, just as if you had agreed to these Terms in writing.
2. ELIGIBILITY.
By purchasing the Services, you represent and warrant that you are eighteen (18) years of age or older, have the legal capacity to enter into these Terms and have not been suspended or removed from the Site.
3. TERMS OF PURCHASE.
Your payment for the Services are subject to the following terms:
Price: The price for the Services will be made available at the time of purchase. Payment must be made in full at the time of purchase.
Valid Payment Methods: We accept cash, personal check, cashier’s check, credit card (including Visa, MasterCard, American Express, or Discover), PayPal, or Venmo. By submitting your order to purchase the Services, you represent and warrant that you are authorized to use your designated payment method and authorize us, or our designated payment processors, to charge your purchase to that method. If your payment method cannot be verified or is invalid, your order may be suspended or canceled automatically.
4. MUTUAL ACCOUNTABILITY
We are pleased to have the opportunity to work with you, and we want you to be thrilled with our Services. In order for our work together to be a success, we ask that you take responsibility for (1) communicating your styling preferences and challenges to us, (2) adhering to deadlines, and (3) giving us feedback (including whether any returns and/or exchanges are necessary) in a timely manner.
5. FEE PAYMENT & TERMS
You agree to pay the Retainer, Wardrobe Budget (if applicable), and other fees listed below and on Exhibit A for our Services (collectively, the “Fees”). The Fees will be invoiced on signing this Agreement and are due before we begin the Services (unless stated otherwise on Exhibit A). You may pay the Fees by cash, personal check, cashier’s check, credit card (including Visa, MasterCard, American Express, or Discover), PayPal, or Venmo. If you pay the Fees with a personal check, we will begin Services after the personal check funds have been cleared by the bank.
- Retainer. You agree to pay a retainer (the “Retainer”) for the Services to be provided by Roxanne Carne.
- Wardrobe Budget. If applicable, you agree to pay us a deposit that will be used as your wardrobe budget (“Wardrobe Budget”). The wardrobe budget is used for purchases of clothing, shoes, and/or accessories, etc. on your behalf. This deposit is held in a segregated account at our bank and is not commingled with company funds. To the extent we can take advantage of special sales or discounts, those will be applied to your wardrobe budget. If your entire Wardrobe Budget is not used, any remaining balance will be returned to you upon completion of the Services. Alternatively, you may elect to have the remaining balance held by StyleRox and applied to future wardrobe purchases. If your clothing selection exceeds your original Wardrobe Budget, you will pay the difference at the time of your fitting appointment.
- Wardrobe Handling Fee. If wardrobe purchases are made by us on your behalf, we will deduct a non-refundable wardrobe handling fee equal to 7.5% of your wardrobe budget, and if applicable, 7.5% of the cost of any items you keep over and above the wardrobe budget. This fee covers all the operational/administrative tasks and materials necessary to provide you with garments you will truly love. These tasks include purchasing, receiving, unpacking, garment inspection & preparation (steaming), returns & exchanges, packing materials, recycling of packing materials & boxes, and account reconciliation. It also includes premium velvet hangers, custom garment bags, and deluxe shopping bags, as necessary.
- Sales Taxes: When purchasing items on your behalf, we purchase directly from retailers. These items are then sold to you from StyleRox. Since StyleRox is a Dallas, TX-based business, we must collect a sales tax of 8.25% on all items and shipping services that we sell to you. These sales taxes are detailed in your Wardrobe Purchase Summary.
- Other Fees & Credit Card Authorization. (Note that there are no service charges on any styling/retainer fees). You have several options available to fund your wardrobe budget:
- Personal Check or Venmo: there are no merchant fees.
- ACH direct debit payment from your bank: there is a flat merchant fee of $5.00.
- Credit Card (Visa, Mastercard, American Express, Discover): a four percent (4%) merchant fee will be charged. Additionally, if paying by credit card, you authorize us to charge the credit card on file for all fees and other charges described in this Agreement. You will be responsible for the full payment of the fees and other charges. If there are any fees or expenses that arise after payment of the initial fees (including shipping charges for returns or exchanges of items purchased online), you agree to make multiple payments under the terms of this Agreement and you authorize us to make all charges at the time they are due without separate authorization. You agree not to make any chargebacks to our account or cancel the Credit Card without first notifying us and providing a substitute credit card.
- Travel. We are always happy to provide the Services virtually to accommodate your schedule. If you desire to have us travel outside of the Dallas Metropolitan area, you will be responsible for any travel and related expenses incurred in providing those Services to you, including reasonable airfare, hotel accommodations, meals, and ground transportation. We will bill you for all such expenses at cost, and will never charge such expenses without your prior authorization.
5. REFUNDS
If these Terms are terminated prior to us providing the Services, we will refund fifty percent (50%) of the cost of the Services. If we have begun to provide the Services, your payment is non-refundable.
6. THIRD-PARTY REFERRALS.
We love sharing our recommendations with you! We may provide links or references to other resources, products, or services but we are not responsible for and do not endorse such resources, products, or services. Please independently evaluate whether these resources are good for you – your use of such referrals is solely at your own risk.
7. INTELLECTUAL PROPERTY RIGHTS.
All materials we provide to you, whether or not they are eligible for copyright or other intellectual property right protection, are for your use only and you are not authorized to share, copy, distribute, or otherwise disseminate the Materials without our prior written consent. All of our intellectual property, including all materials and trade secrets, processes, techniques, and procedures, is our sole property (the “Materials”).
If you make any changes, suggestions, enhancements or improvements (each, a “Change”) to any of our Materials and own the copyright to those Changes, you hereby assign to us, for no additional consideration, all of your rights, including copyrights, in all works prepared by you under these Terms. You agree to promptly sign and deliver any documents and take any actions that we reasonably request to establish and perfect the rights assigned to us under this provision. If you are unable or unwilling to sign any further documents necessary to convey the rights set forth in these Terms, you appoint us as your true and lawful attorney-in-fact with full power of substitution.
You understand that nothing in these Terms gives you a license to share, copy, distribute, trade, resell or otherwise exploit any Materials for any commercial or non-commercial purpose. You may not transfer or assign these Terms without our written consent.
All trademarks, service marks, and trade names are proprietary to us and you agree not to use them without our written consent. If you create anything using our trademark, you agree that we exclusively own all right, title and interest in and to such materials, including without limitation any modifications or derivative work based off of the use of our trademark. You further agree to assign any interest or right you may have in such trademark to us, and to provide information and execute any documents to formalize such assignment.
These Terms permit you to use the Materials for your personal use only. You agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials.
8. RELATIONSHIP OF THE PARTIES & TAXES
We are providing the Services to you as an independent contractor, and not as an employee. We are solely responsible for paying any local, state or federal income taxes that arise from our receipt of the Retainer under this Agreement. You are responsible for any local, state, sales, or other taxes resulting from any clothing, shoes, or accessories purchased on your behalf or otherwise under this Agreement.
9. CONFIDENTIALITY
We respect your right to privacy and confidentiality. We will not disclose or use any of your Confidential Information (defined below) that we learn of during the course of our work together. When you accept this Agreement, you authorize us to provide third parties with your name and mailing address for purposes of shipping you clothing, shoes, and accessories, if applicable. “Confidential Information” includes non-public and confidential information you disclose to us while we are working together. It does not include information that (i) is or becomes available to the general public, (ii) is already known to us before disclosure by you, or (iii) we rightfully receive from a third party.
10. LIMITATION OF LIABILITY
YOU RELEASE US, OUR EMPLOYEES, ASSOCIATES, REPRESENTATIVES, INDEPENDENT CONTRACTORS AND RELATED ENTITIES, FROM ANY AND ALL RISKS, FORESEEABLE OR UNFORESEEABLE, ARISING OUT OF ANY TRANSACTION BETWEEN US.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (A) IN NO EVENT SHALL WE BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THESE TERMS AND (B) IN NO WAY SHALL OUR AGGREGATE LIABILITY ARISING OUT OF THESE TERMS EXCEED ANY COMPENSATION YOU PAY TO US FOR OUR SERVICES.
11. INDEMNIFICATION
You will defend, indemnify and hold harmless Roxanne Carne, its independent contractors, service providers and consultants, and their respective directors, officers, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to your purchase of the Services or your violation of these Terms.
12. TERMINATION.
The Term of our agreement is from the date you accept the terms to 60 days from that date (the “Term”). This Agreement will end (1) automatically, at the end of the Term; (2) automatically, on completion of the Services if completion of the Services occurs prior to the end of the Term; or (3) immediately, if you materially break our agreement (including our agreement on payment). If you violate any of these Terms or otherwise violate an agreement between you and us, we may prohibit you from using our product or accessing the Site, in our sole discretion.
13. GOVERNING LAW AND DISPUTE RESOLUTION.
You agree that these Terms and any dispute under these Terms is governed by the laws of Texas, U.S.A., without regard to its principles of conflicts of law, and you consent to the exclusive jurisdiction of the federal and state courts located in Texas, U.S.A. You waive any jurisdictional, venue, or inconvenient forum objections. We will attempt to resolve any dispute in connection with this Agreement on an amicable basis, through our prompt, good faith discussions and non-binding mediation. Any dispute that we cannot resolve ourselves will be determined by final and binding arbitration in the State of Texas, before a sole arbitrator who will award attorneys’ fees and other costs to the substantially prevailing party. JAMS will administer the arbitration. The arbitration award will be in writing and will specify the factual and legal bases for the award. Judgment on the award may be entered in any court having jurisdiction. Notwithstanding anything in this Agreement to the contrary, if either party initiates arbitration before mediation, that party will be responsible for the other party’s attorneys’ fees and costs of arbitration.
14. NOTICES
All notices to be sent under this Agreement must be in writing and mailed to the appropriate party’s address at the end of this Agreement or such other address as either party may designate to the other in writing, and will be effective upon receipt. Written notices should be delivered by certified mail or by Federal Express (or other reputable delivery).
15. MISCELLANEOUS
These Terms constitute the entire agreement between us relating to your access to and use of the Site. These Terms may not be transferred or assigned by you without our prior written consent. No waiver of any provision of these Terms will constitute a waiver of such provision in any prior, concurrent or subsequent circumstance. These Terms are for the benefit of the parties and do not confer third-party beneficiary rights upon any other person or entity.
16. CONTACTING US
If you have any questions, comments, or concerns about these Terms, please contact us through the comments section on the contact us page.
17. CONCLUSION
This Agreement constitutes the entire terms of the engagement between us. These written terms of engagement are not subject to any oral agreements or understandings, and they can be modified only by written agreement signed by both of us. The waiver by either party of a breach or violation of any provision of this Agreement does not constitute a waiver of any subsequent or other breach or violation. If any part of this Agreement is invalid or unenforceable or in conflict with the laws of Texas, that provision will be severed from this Agreement and the validity of the remaining provisions will not be affected.
EXHIBIT A – STYLING SERVICES
Roxanne Carne is pleased to offer styling services that meet your needs.
‘Closet Edit’ Styling Package
We are pleased to offer you our ‘Closet Edit’ Styling Package. The ‘Closet Edit’ Styling Package includes the following services and can also be provided virtually:
- Style Analysis. Prior to our first appointment, you will complete an online Client Style Profile/Questionnaire that will help me uncover your current style challenges, preferences, and desires.
- Body Type Analysis: We will take your body measurements, discuss body shape/size with you, and provide you with general guidelines on the best styles for your body type.
- Style Archetype Analysis: We will determine your preferred style archetypes.
- Color Analysis: We will determine the best colors for your skin tone.
- Closet Edit & Organization: We will review the clothing, shoes, and/or accessories in your closet with you and organize the items into groups that you will keep, donate (or consign), or retire. This appointment will take up to three (3) hours.
The ‘Closet Edit’ Styling Package will take a maximum of three (3) hours. Any additional time will be charged at the current hourly rate, and we will charge your credit card on file immediately following your Services.
‘Day in Style’ Styling Package
We are pleased to offer you our ‘Day in Style’ Styling Package. The ‘Day in Style’ Styling Package includes the following services:
- Style Analysis: Prior to our first appointment, you will complete an online Client Style Profile/Questionnaire that will help me uncover your current style challenges, preferences, and desires.
- Body Type Analysis: We will take your body measurements, discuss body shape/size with you, and provide you with general guidelines on the best styles for your body type.
- Style Archetype Analysis: We will determine your preferred style archetypes.
- Color Analysis: We will determine the best colors for your skin tone.
- Closet Edit & Organization: We will review the clothing, shoes and accessories in your closet with you and organize the items into groups that you will keep, donate or consign. This process will take up to three (3) hours.
- Lunch: We will enjoy a lunchtime meal to review our progress and strategize the shopping plan for the remainder of the day.
- One-on-One Shopping: We will determine the best stores from which your clothes, shoes, and accessories should be purchased, taking into account your body type, style preferences, and budget. We will accompany you to these stores and make recommendations on the best items that fit these criteria. When possible, we will assist you in garment fitting so that you can try on each item and determine which items you want to purchase, if applicable. This process will take up to four (4 hours).
*Additional Terms & Conditions for the ‘Day in Style’ Package: Please note that you are under no obligation to purchase any items; however, if you purchase any items, you are making that purchase directly with the retailer with your own funds and are responsible for handling any returns/exchanges if you decide not to keep the item(s).
‘Luxe Styling Experience’ Package
We are pleased to offer you our ‘Luxe Styling Experience’ Styling Package. The ‘Luxe Experience’ Styling Package includes the following services and can also be provided virtually:
- Style Analysis. Prior to our first appointment, you will complete an online Client Style Profile/Questionnaire that will help me uncover your current style challenges, preferences, and desires.
- Body Type Analysis: We will take your body measurements, discuss body shape/size with you, and provide you with general guidelines on the best styles for your body type.
- Style Archetype Analysis: We will determine your preferred style archetypes.
- Color Analysis: We will determine the best colors for your skin tone.
- Closet Edit & Organization: We will review the clothing, shoes, and accessories in your closet with you and organize the items into groups that you will keep, donate (or consign), or retire. This appointment will take up to three (3) hours.
- Mood Board: Within ten (10) calendar days from the date of our consultation session, we will design and provide you with a mood board (via email) to ensure that we’re on the same page as you style-wise.
- Personal Shopping: We will determine the best stores from which your clothes, shoes, and accessories should be purchased, taking into account your style preferences and budget.
- Styling: After your clothes, shoes, and accessories have been purchased, we will style them into a variety of outfits for your future convenience.
- Fitting: We will schedule a fitting appointment* with you so that you can try on each outfit and determine which items you want to keep, return, or exchange. We will provide you with a summary of each of the items purchased on your behalf, including a brief description and the price of each item. We ask that you notify us by the end of the fitting if you would like any items returned or exchanged.** This process will take up to four (4) hours.
- Lookbook: We will create a personalized digital lookbook to include key wardrobe items styled in various ways for your lifestyle. The lookbook will include up to 30 styled looks.
*Additional Fitting Terms & Conditions for the ‘Luxe Experience’ Styling Package. Since we may be restricted by certain store return policies, once a fitting appointment is scheduled, it may be rescheduled only if you provide us with notice no later than 24 hours in advance that you need to reschedule the appointment and you reschedule the appointment no later than 24 hours from the original appointment time.
**Additional Exchange/Return Terms & Conditions for the ‘Luxe Experience’ Styling Package. All items to be returned or exchanged must be in the same condition they were in at the time of purchase and must include the attached price tag. You will be responsible for any shipping charges related to any returned and/or exchanged items that were purchased online. We realize that you may occasionally decide after the fitting that you would like to return or exchange an item. If you choose to return or exchange an item after the fitting, we are happy to accommodate your request within twenty-four (24) hours of the fitting. Unfortunately, we cannot accommodate any requests after that time period has passed.
‘Personal Styling Retainer’ Package
We are pleased to offer you our ‘Personal Styling Retainer’ Package. The ‘Personal Styling Retainer’ Package is designed to be flexible based on your needs. Styling services may include (but are not limited to) the following services and are delivered in-person or virtually; together, we will decide how best to utilize your retainer hours. Potential styling services include:
- Style Analysis. Prior to our first appointment, you will complete an online Client Style Profile/Questionnaire that will help me uncover your current style challenges, preferences, and desires.
- Body Type Analysis: We will take your body measurements, discuss body shape/size with you, and provide you with general guidelines on the best styles for your body type.
- Style Archetype Analysis: We will determine your preferred style archetypes.
- Color Analysis: We will determine the best colors for your skin tone.
- Closet Edit & Organization: We will review the clothing, shoes, and accessories in your closet with you and organize the items into groups that you will keep, donate (or consign), or retire.
- Mood Board: If desired, we will design and provide you with a mood board (via email) to ensure that we’re on the same page as you style-wise.
- Personal Shopping: We will determine the best stores from which your clothes, shoes, and accessories should be purchased, taking into account your style preferences, and budget.
- Fitting Appointment Preparation & Styling: After your clothes, shoes, and accessories have been purchased, we will style them into a variety of outfits for your future convenience.
- Fitting: When applicable, we will schedule a fitting appointment* with you so that you can try on each outfit and determine which items you want to keep, return, or exchange. We will provide you with a list at each fitting of items purchased on your behalf, including a brief description and the price of each item.
- Returns & Exchanges: We will manage any returns/exchanges that result from our shopping activities.
- Lookbook: We will create a personalized digital lookbook to include key wardrobe items styled in various ways for your lifestyle.
- Ad Hoc Styling: Styling services suited for specific occasions, engagements, etc.
- Travel Styling/Packing: We will style and/or packet travel capsules for your convenience.
Retainer hours do not expire. When we are within three (3 hours) of the current personal styling retainer block expiring, we will notify you and determine available retainer renewal options.
Last updated: August 10, 2022