Your use of the Website shall be deemed to constitute your consent to be bound by this Agreement and shall be enforceable in the same way as if you had signed this Agreement. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, PLEASE DO NOT USE THE WEBSITE, DO NOT ORDER, AND DO NOT USE A LUMINESS DIRECT PRODUCT.
THIS AGREEMENT INCLUDES A MANDATORY ARBITRATION CLAUSE, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY CLAIM TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEEDING IN COURT. IF YOU WANT TO OPT-OUT OF THIS MANDATORY ARBITRATION AGREEMENT SEE BELOW DESCRIBES THE PROCEDURES YOU MUST FOLLOW TO DO SO. THE ARBITRATION AGREEMENT ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY CLAIM INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION.
In order to use the Website, you must be (a) 18 years or older and have the power to enter into a binding contract with us and not be barred from doing so under any applicable laws; or (b) 13 years or older and have your parent or guardian's consent to the Agreement. The Website is not intended for children under the age of 13 and no person under the age of 13 may use the Website. If you use the Website, you are affirming that you are at least 13 years old.
You acknowledge that content available through the Website, including, without limitation, content in the form of text, graphics, software, music, sound, photographs, and videos, and content provided by suppliers, sponsors, or third-party advertisers ("Intellectual Property Rights"), is protected by copyright, trademarks, patents, or other proprietary rights and laws. You are hereby granted a non-exclusive, non-transferable, revocable, limited license to view, copy and print content retrieved from the Website for the sole purpose of using or placing an order via the Website, provided that you do not remove or obscure the copyright notice or other notices displayed on the content. Except as expressly provided in this Agreement, nothing contained in this Agreement or on the Website shall be construed as conferring any other license or right, expressly, by implication, by estoppel, or otherwise under any of Luminess Direct's or a third party's Intellectual Property Rights. Any rights not expressly granted herein are reserved.
We will gladly accept any return within the 30 day trial period, provided the item
is in new or like-new condition (excludes discounted and promotional items, see Important- Additional Return Terms and Conditions below). The 30 Day money back guarantee applies to purchase
price and excludes money paid for 30 day trial (rent to try) cost and paid s/h.
You will need to contact the Luminess Customer Care at 1-888-793-7474
and request a Return Authorization number (RA#) . Mark this number on the
package when returning. ALL RETURNS ARE VERIFIED FOR RA#. Any package missing a
RA# will be refused and returned to sender at sender's expense. A package must be
received in our return processing facility within the 30 day trial period which
began on the date the product was delivered or within ten business days after RA#
was issued, which ever is later. Packages containing expired RA#s may be refused
and returned to sender at sender's expense. Return packages must be post marked
within five (5) business days of the RA# issue date. Merchandise received seven
(7) days past RA expiration date will be subjected to a 25% re-stocking fee of full
purchase price. RETURNS RECEIVED 14 DAYS AFTER THE RA# ISSUE DATE WILL BE REFUSED
AND RETURNED AT SENDER'S EXPENSE WITHOUT ANY REFUND. Refunds are issued after product
is received and inspected. Refunds are not issued at time of issuance of return
Customers on the Trial Pay Offer will not be billed additional monthly installment(s)
as long as the goods are received before the next applicable installment payment.
If you are charged any additional monthly payments and merchandise is returned within
the 15 days after the issuance of return authorization date, you will be refunded
any additional payments.
DO NOT RETURN PRODUCT WITHOUT A RETURN AUTHORIZATION NUMBER. This number
can be obtained by contacting our Customer Service Team at 1-888-793-7474 from Monday
to Friday during business hours of 8.30 AM to 5.30 PM Central time.
IMPORTANT- ADDITIONAL RETURN TERMS AND CONDITIONS
- All items must be returned in their original packaging along with all accessories,
parts, and instructions manuals/dvd(s) that were shipped with your original order.
- Returns received without original packaging will be charged up to a $25 restocking
fee per unit
- Luminess Air assumes no responsibility for merchandise damaged by carrier transporting
and delivering returned merchandise
- Returns received with damaged merchandise may be denied refund and customer may
be held responsible to pay full value of product if balance exists on account for
- Returns with missing parts will be charged a flat $25 incomplete return fee per
- RETURN PERIOD- Our 30-day return policy starts from the day your product is received
and expires 35 days from the date we actually ship product to you initially.
- A Return Authorization number must be obtained in the 30 day return period as mentioned
- Returns must be received at our facility in 10 days of when the Return Authorization
number is generated and given to you by phone.
- The initial trial shipping, handling and processing costs is non-refundable.
- You will be responsible for paying all return shipping to deliver product to our
- Makeup and Tanning solution are non-returnable. We do not accept returns of cosmetics unless product other than what was ordered is delivered. Sales of cosmetics are final.
- Allow up to 8 weeks for return to appear on your credit card statement. (If you
do not see your return amount appear on your statement after up to 8 weeks, contact
us (1-877-749-5777) immediately before calling your credit card company).
- All sales final on all Beauty, Black Friday, Cyber Monday, New Year, Valentine's & Holiday Sale specials. Limit one per person.
- All sales final on TODAY show specials and offers. Limit one per person. Changes will only be accepted 7 days after receiving your products.
- All Sales final on promotional and discounted items
Send all returns via a shipping method that can be tracked with a proof of delivery
or confirmed (UPS/ FedEx / USPS Priority mail), insurance is recommended, send to:
LUMINESS AIR RETURNS RA#_____________
12802 Capricorn Stafford, Texas 77477
Along with your return please be sure to include the following:
- Your order number, Return Authorization number, your complete name, address, phone
number and email address along with original packing slip.
- Please have Return Authorization number on package. If it is received and
it does not meet our return policy we will not issue you a refund and the package
may be returned to you at your cost.
- A detailed explanation regarding your reason for returning the items.
- Information about whether you would like a refund or a replacement.
Customers opting to pay with our multi-payment method will be billed in the following
manner: Trial offer charge fee, security deposit (equivalent to 1 agreed upon installment payment) and shipping and handling will be charged at the
time of order. Any additional accessories, rush shipping fees, and additional product
will also be billed immediately along with the trial and s/h fees. Customer will
be automatically billed first installment after 30 days from ship date and then
subsequent installments in approximately 30 day increments until full balance is paid-off in full. The security deposit will be applied towards 1 agreed upon installment.
Number of installments and installment amount will depend on agreed offer and acceptance
of additional accessories and or continuity programs if applicable. Each agreed upon installment will be assessed a $2.95 processing fee. If any scheduled
payment is missed or declined, the customer will additionally be responsible for
a late payment charge of $ 20.00, and all collection fees, including without limitation,
attorneys fees that may result.
THE INFORMATION (INCLUDING, WITHOUT LIMITATION, ADVICE AND RECOMMENDATIONS) ON THE WEBSITE IS NOT INTENDED AS MEDICAL OR HEALTHCARE ADVICE, OR TO BE USED FOR MEDICAL DIAGNOSIS OR TREATMENT, FOR ANY INDIVIDUAL PROBLEM. IT IS ALSO NOT INTENDED AS A SUBSTITUTE FOR PROFESSIONAL ADVICE AND SERVICES FROM A QUALIFIED HEALTHCARE PROVIDER FAMILIAR WITH YOUR UNIQUE FACTS. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER REGARDING ANY MEDICAL CONDITION BEFORE STARTING ANY NEW TREATMENT. YOUR USE OF THE WEBSITE IS SUBJECT TO THE ADDITIONAL DISCLAIMERS AND CAVEATS THAT MAY APPEAR THROUGHOUT THE WEBSITE.
LUMINESS DIRECT AND ITS AGENTS ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE INFORMATION, SERVICES, OR OTHER MATERIAL ON THE WEBSITE. WHILE LUMINESS DIRECT STRIVES TO KEEP THE INFORMATION ON THE WEBSITE ACCURATE, COMPLETE, AND UP-TO-DATE, LUMINESS DIRECT CANNOT GUARANTEE, AND WILL NOT BE RESPONSIBLE FOR, ANY DAMAGE OR LOSS RELATED TO THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE INFORMATION ON THE WEBSITE.
THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, LUMINESS DIRECT EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. LUMINESS DIRECT DOES NOT MAKE ANY WARRANTY THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS, OR THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. LUMINESS DIRECT MAKES NO WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR AS TO THE ACCURACY, QUALITY, OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE WEBSITE.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS USED AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM LUMINESS DIRECT OR THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
All actions, disputes, claims and controversies of any type or nature whatsoever, whether arising before or after the date of this Agreement, and whether directly or indirectly relating to: (a) this Agreement and/or any amendments and addenda hereto, or the breach, invalidity or termination hereof; (b) any previous or subsequent agreement between the parties; and/or (c) any other relationship, transaction or dealing between the parties (collectively the "Disputes"), will be subject to and resolved by binding arbitration pursuant to the Rules of AAA. Luminess Air will pay all fees for Arbitration cost unless deemed frivolous or brought for an improper purpose by AAA. The AAA Rules are available online at adr.org You agree that, by entering into this agreement, you and Luminess Direct are each waving the right to a trial by jury or to participate in a class action. Any award or order rendered by the arbitrator may be confirmed as a judgment or order in any state or federal court of competent jurisdiction within the federal judicial district which includes the residence of the party against whom such award or order was entered.
YOU HAVE THE RIGHT TO OPT-OUT OF THIS ARBITRATION PROVISION WITHIN 30 DAYS FROM THE DATE OF PURCHASE, USE, OR ATTEMPTED USE OF A LUMINESS DIRECT PRODUCT ( WHICHEVER COMES FIRST) BY WRITING TO LUMINESS DIRECT LLC, 12802 CAPRICORN ST., STAFFORD, TX 77477 ; ATTN: GENERAL COUNSEL. FOR YOUR OPT-OUT TO BE EFFECTIVE, YOU MUST SUBMIT A SIGNED WRITTEN NOTICE IDENTIFYING ANY LUMINESS DIRECT PRODUCT YOU PURCHASED, USED OR ATTEMPTED TO USE WITHIN THE 30 DAYS AND THE DATE YOU FIRST PURCHASED, USED OR ATTEMPTED TO USE OF LUMINESS DIRECT PRODUCTS. UNTIMELY OPT-OUTS WILL NOT BE VALID AND YOU MUST THEN PURSUE YOUR CLAIM THROUGH ARBITRATION PURSUANT TO THESE TERMS.
The Luminess Air Club offers the convenience of having refills of your Luminess
Air cosmetics delivered to your door steps in a timely and automatic manner.
You will receive your two shades ever so often as agreed, product will be delivered
to your address. All you pay is $39.95 + S/H/P per month or as agreed. Delivery
cycles can be changed at any time by contacting Luminess Care at 1-877-749-5777.
All orders with regular shipping are shipped between 2 and 6 weeks* after receiving
order (start order date). Start Order dates are calculated from the first
weekday after order is called in or ordered via website. Orders with optional
Rush shipping are shipped within 7- 10 business days. Consumers can expect
an average of 2 to 10 days to receive delivery after order is shipped from our facility.
Contact us if you have not received your product within respective applicable delivery
time. *These are estimated good faith dates and may vary in accordance
with the volume of orders and volume of product being shipped. Regular shipping
is 2-6 weeks. These regular shipping weeks may vary during "high volume days" such
as holidays by up to two weeks earlier or two weeks later than estimated.
Customers will be responsible for all charges associated with shipping and handling
on return postage and a minimum 25% re-stocking fee on full purchase price will
be assessed to receive and reprocess your order. Refused packages will not
automatically stop us from making additional installment payments if applicable.
Initial shipping and handling charges are not refundable. Refunds on authorized
returned trial offer product will be processed within 30 days of receiving returns.
Allow up to 8 weeks for return to appear on your credit card statement. (If you
do not see your return amount appear on your statement after up to 8 weeks, contact
us IMMEDIATELY (1-877-749-5777) immediately before calling your credit card company
as this will expedite claims). Partial or no refunds may apply if product
is received incomplete or returned after RA# allowable date. Customer who originally
paid by Check By Phone or by electronic check withdrawal will be issued a refund
check within four (4) weeks of us receive and approving return.
Customer must be able to provide P.O.D. (proof of delivery) that returned product
was actually received by our returns facility in the circumstance that no refund
is issued because we are unable to identify that return was ever received at our
Customer is responsible for all collection and attorney fees in the event unpaid
balance has to be collected by a third party collection service. Notify
us immediately if your credit card information changes, especially if you are on
a payment program with a future outstanding balance. Balance can be transferred
or sold to third party factor or financial institution.
A 30 day money back guarantee offer is available to USA and Canada customers only.
All international sales are considered final and cannot be returned. Cancellation
of packages which have already been shipped is not allowed. Refused packages will
result in restocking fees and both sending and returning shipping/handling/ processing
charges. International packages will be assessed international delivery fees and
person in shipping information will be responsible for paying any applicable tariff/duty
as we do not collect such charges before shipping product. All international orders
are shipped within 3 business days of receiving the order and delivery may be delayed
due to customs and local government laws for importing good are applicable. Rush
delivery may be subject to availability.
By accepting Terms & Conditions you agree to receive any future communications from Luminess Air via email, phone or mail until requested otherwise.
- By accepting Terms & Conditions, you accept to be opted-in to receive celllular text alerts concerning order, account updates or future offers / deals from Luminess.
- All text messages sent to you are at standard rate. Other charges may apply. Message fees may apply, based on the type of text messaging program you have with your carrier; We shall not assess additional fees. A maximum of 3 messages will be sent each month.
- HOW TO GET HELP: For more information you can reach us at: email@example.com or 888-793-7474. From your mobile phone you can get also get help information at any time by sending the text "HELP" to the short code to which you are subscribed. You shall receive a standard rate message from our service with information on the program you have subscribed to, Msg&Data Rates Apply, our website, email address and/or phone number and how to opt-out of our text messaging program.
- HOW TO OPT-OUT: To opt-out of our mobile program, reply STOP to any of the short codes that you receive messages on from us and you shall automatically be unsubscribed from our service. You shall receive a confirmation that you successfully unsubscribed but shall not receive any additional messages until you opt-in again.
- WARRANTY: We are not liable for any delays in the receipt of any SMS messages connected with this program. Delivery of SMS messages is subject to effective transmission from your wireless service provider or network operator.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES WILL LUMINESS DIRECT, ITS SUPPLIERS, PARENTS, SUBSIDIARIES, REPRESENTATIVES, AFFILIATES OR AGENTS BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES. THIS INCLUDES WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES. THIS APPLIES REGARDLESS OF THE MANNER IN WHICH DAMAGES ARE CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHERWISE RESULTING FROM (1) THE USE OF, OR THE INABILITY TO USE, THE WEBSITE; (2) THE USE OF, OR THE INABILITY TO USE, ITEMS PURCHASED ON THE WEBSITE; OR (3) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR ITEMS.
You agree to indemnify and hold harmless Luminess Direct, its directors, officers, employees, agents, co-branders, suppliers, subsidiaries, parents, and affiliates, from and against any and all liability, losses, claims, demands, disputes, damages, and costs of any kind, including, without limitation, reasonable attorneys' fees and costs of litigation resulting from or in any way connected with (i) your use of the Website; (ii) information you submit or transmit through the Website; (iii) privacy, tort or other claims (e.g., claims under the Federal Telephone Consumer Protection Act or its state law equivalent) relating to the provision of personal information (e.g., telephone number) to Luminess Direct that is not owned by you, in contravention of this Agreement; and/or (iv) your breach of this Agreement.
Actual airbrush system shipped may vary from product shown in photograph as slight cosmetic variations may exist from lot to lot of production.