- PROTECTION OF INTELLECTUAL PROPERTY RIGHTS AND LICENSE
- RETURN POLICY AND 30 DAY MONEY BACK GURANTEE POLICY
- MULTI-PAY INSTALLMENTS / INSTALLMENT TERMS
- DISCLAIMER REGARDING INFORMATION PROVIDED ON THE WEBSITE
- DISCLAIMER OF WARRANTIES WITH RESPECT TO USE OF THE WEBSITE
AGREEMENT TO RESOLVE DISPUTES BY ARBITRATION
- EXCEPTIONS TO THIS ARBITRATION AGREEMENT
- WAIVER OF CLASS AND REPRESENTATIVE PROCEDURES
- MANDATORY PRE-DISPUTE PROCEDURES
- COMMENCEMENT OF ARBITRATION
- ARBITRATION LOCATION
- SPONSORING ORGANIZATION, RULES AND THE ARBITRATOR
- ARBITRATION FEES
- ARBITRATION AWARD
- SURVIVAL AND SEVERABILITY
- EXCLUSIVE VENUE FOR OTHER CONTROVERSIES
- REMEDIES FOR COMPANY
- LUMINESS AIR SUBSCRIPTION
- PURCHASING ITEMS FROM US
- ORDER DELIVERY TIME
- COLLECTION FEES AND GENERAL PAYMENT ITEMS
- INTERNATIONAL ORDERS
- GENERAL CONTACT
- TEXT MESSAGING OPT-IN
- LIMITATION ON LUMINESS DIRECT'S LIABILITY
- MODIFICATIONS TO THE AGREEMENT
- VARIATION IN PRODUCT
- OTHER IMPORTANT TERMS
- 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 merchandise.
- Returns with missing parts will be charged a flat $25 incomplete return fee per unit
- 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 above.
- 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 facility
- 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
LUMINESS AIR RETURNS RA#_____________
12802 Capricorn Stafford, Texas 77477
- 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.
Exceptions to this Arbitration Agreement. As an exception to this arbitration agreement, you and Company both retain the right to pursue, in a small claims court, any claim that is within that court’s jurisdiction and proceeds on an individual (non-class) basis. Company will not demand arbitration in connection with any individual claim that you properly file and pursue in a small claims court, so long as the claim is pending only in that court. This arbitration agreement also does not apply to disputes concerning trade secret misappropriation, patent infringement, copyright infringement or misuse, or trademark infringement or dilution.
Waiver of Class and Representative Procedures. The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. YOU AND COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITIES AND NOT AS PLAINTIFFS OR CLASS MEMBERS IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING OR IN THE CAPACITY OF A PRIVATE ATTORNEY GENERAL. Further, unless both you and Company agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award any relief that a court could award that is individualized to the claimant and would not affect other customers. Neither you nor we may seek non-individualized relief that would affect other customers. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.
Mandatory Pre-Dispute Procedures. You acknowledge and agree that before initiating any Claim (subject to the exceptions above) against Company, you will first give us an opportunity to resolve your problem or dispute. This includes sending a written description of your problem or dispute to us, including, but not limited to, information or representations related to our products and upon which you rely. You may send the written description by U.S. Mail to The Luminess Direct Company LLC, 12802 Capricorn St, Stafford, TX 77477; Attn: General Counsel. You agree to negotiate with Company in good faith about your problem or dispute. If for some reason your problem or dispute is not resolved to your satisfaction within 60 days after Company’s receipt of your written dispute, you may commence arbitration in accordance with this agreement.
Commencement of Arbitration. You and Company agree to commence any arbitration proceeding within 1 year after the Claim arises (including the mandatory pre-dispute procedures outlined above) and that, to the fullest extent permissible by applicable law, any proceeding commenced after 1 year shall be barred.
Arbitration Location. For your convenience, the arbitration may be conducted in a location within the federal district where you reside. It may be held by telephone or through written submissions if both you and Company agree.
Sponsoring Organization, Rules and the Arbitrator. You agree that any Claims shall be resolved by submitting the dispute to final and binding confidential arbitration before a single arbitrator who is a retired judge, experienced attorney with experience in the subject(s) of the Claim or a neutral third-party mediator at the Better Business Bureau (BBB) who is qualified to perform mediation services in the State of Texas. The arbitrator shall be chosen from the Better Business Bureau(BBB) and/or American Arbitration Association (AAA) Commercial Rules and the arbitration rules of the selected tribunal shall apply, which can be obtained by calling the selected tribunal.
All issues are for the arbitrator to decide, except that issues relating to the scope, enforceability, and interpretation of the arbitration provision and the scope, enforceability, and interpretation of the paragraph addressing the waiver of class and representative procedures are for the court to decide.
Arbitration Fees. Company shall pay for all filing, administrative, and arbitrator fees for an arbitration initiated by either party. Unless applicable law provides otherwise, the parties shall each pay their own additional fees, costs, and expenses, including, but not limited to, those for any attorneys, experts, documents, and witnesses.
Arbitration Award. The arbitrator may award costs or fees to a prevailing party, but only if applicable law allows it. Although Company may have a right to an award of attorneys’ fees and expenses under some laws if it prevails, Company agrees that it will not seek such an award, unless your Claims are determined by the arbitrator to be frivolous. Any award rendered shall include a written opinion and shall be final, subject to limited appeal rights under the FAA.
Survival and Severability. This provision survives termination of your account or relationship with Company, bankruptcy, assignment or transfer. Except as provided otherwise in the "waiver of class and representative procedures" provision, if a portion of this arbitration provision is deemed unenforceable, the remaining portions of this arbitration provision shall remain in full force and effect.
Miscellaneous. Failure or any delay in enforcing this arbitration provision in connection with any particular Claims will not constitute a waiver of any rights to require arbitration at a later time or in connection with any other Claims. This provision is the entire arbitration agreement between you and Company and shall not be modified except in writing by Company.
Amendments. Company reserves the right to amend this arbitration provision at any time. Your continued use of the Company Website, purchase of a Company product, or use or attempted use of a Company product, is affirmation of your consent to such changes. Should the changes to this arbitration provision be material, Company will provide you notice and an opportunity to opt-out. Your continued use of any Company Website, purchase of a Company product, or use or attempted use of a Company product, is affirmation of your consent to such material changes.
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 COMPANY PRODUCT (WHICHEVER COMES FIRST) BY WRITING TO LUMINESS DIRECT LLC, 12802 CAPRICORN ST., STAFFORD, TEXAS 77477; ATTN: GENERAL COUNSEL. FOR YOUR OPT-OUT TO BE EFFECTIVE, YOU MUST SUBMIT A SIGNED WRITTEN NOTICE IDENTIFYING ANY COMPANY PRODUCT YOU PURCHASED, USED OR ATTEMPTED TO USE WITHIN THE 30 DAYS AND THE DATE YOU FIRST PURCHASED, USED OR ATTEMPTED TO USE OF COMPANY PRODUCTS. UNTIMELY OPT-OUTS WILL NOT BE VALID AND YOU MUST THEN PURSUE YOUR CLAIM THROUGH ARBITRATION PURSUANT TO THESE TERMS.
Pricing Errors and Omissions. Please be aware that prices, availability and other purchase terms are subject to change without prior notice. We make every effort to ensure the accuracy of the information on the Website and to correct errors once discovered. Company reserves the right to revoke any stated offer to correct any errors, inaccuracies, or omissions, including after an order has been submitted, after it has been confirmed, or after your credit card has been charged. If we discover an error has occurred after your credit card has been charged and your order is canceled as a result of the error, your credit card will be refunded the full amount of your order.
Order Placement and Acceptance. If you order a product, payment must be received by Company prior to Company’s acceptance of the order. Company may require additional information regarding your order if you have not provided all of the information required, and may cancel or limit an order any time after it has been placed.
Your order is expressly conditioned on acceptance of this Agreement. Once a properly completed order, your authorization and a form of payment has been received, we will promptly locate the item(s) you have ordered to place them in line for shipment. All items are subject to availability. We will promptly inform you if the product(s) you have ordered are not available and we may offer you alternative product(s) of equal quality and value.
Company does not accept orders from dealers, wholesalers, or customers who intend to resell items offered on the Website. If Company discovers that you are placing orders with the intent to resell items offered on the Website, we will immediately cancel your order, suspend or terminate your account, and pursue any and all available legal remedies from you under applicable law. To the extent your conduct may be fraudulent, such as purchasing products through the use of fake or stolen cards, Company reserves the right to report you to federal, state and/or local enforcements authorities.
Shipping and Risk of Loss. Company will add applicable shipping and handling fees to your order. Unless otherwise noted, Company will use commercially reasonable efforts to ship products within a reasonable time after receipt of your properly completed order. Although Company may provide delivery or shipment timeframes or dates, you understand that those are Company’s good-faith estimates and may be subject to change. You further understand that product availability may be limited and particular products may not be available for immediate delivery, in which case the products will be delivered when they become available. If your order will be delayed (either from the date specified at the time of order or, if no date was specified, beyond 30 days from the date of your order). Company will use reasonable good faith efforts to contact you. If Company cannot contact you or you no longer wish to receive the item, Company will cancel the order and promptly refund the amount tendered, and will do so within 7 business days if made using third-party credit card, such as a Visa or MasterCard. Company shall not be liable for any loss, damage, cost, or expense related to any delay in shipment or delivery. All items purchased from the Website are delivered to shipment carriers. The risk of loss and title for such items pass to you upon our delivery to the carrier. Company may reject orders where the stated delivery address is outside the United States.
Sales Tax. In the United States, Company is required to collect applicable state and local sales tax on orders shipped to certain states. Taxes apply to most merchandise, but some states exclude certain items, like food products. Some taxing authorities also require the taxable amount to include any shipping and handling charges, while others charge sales tax only on merchandise. Company is required to follow the rules of each state. Your final order total will include the appropriate state and local taxes.
Payment Information. In ordering products through the Website, by telephone, or otherwise, you agree to provide only true, accurate, current, and complete payment information. By placing an order, you represent and warrant that you will only provide payment information which is yours or for which you are authorized to provide. Company shall have the right to cancel your order or to suspend or terminate your account if we have grounds to believe that you have provided inaccurate, not current, fraudulent, or incomplete payment information to Company, or for any other reason that we, in our sole discretion, deem appropriate. You agree that your placement of an electronic order on the Website is sufficient to satisfy any applicable Statute of Frauds, and no further writing is required.
International Orders. Company does not directly sell certain Company products in any jurisdiction other than the United States of America, as these products may not be approved for sale in other jurisdictions. While Company may choose to accept orders for the purchase of its products from non-U.S. residents, the acceptance of such orders and the sale of such products will be subject to the following conditions:
(a) You agree that the purchase of any Company products by you, as a non-U.S. resident, shall be (i) ex works Company’s facilities in the United States per Incoterms 2010, with all title risk and loss in the products passing to you in the United States; and (ii) for your own personal use only and not for further resale or distribution in any manner;
(b) You agree not to order more than a ninety (90) day supply of any consumable products within any ninety (90) day period;
(c) You hereby expressly authorize and direct Company to load and ship the purchased products to your shipping address, and to contract on your behalf with a courier company for that purpose; and
(d) You are the principal importer of record and will undertake responsibility for all applicable taxes, shipping, customs clearance, duties and import requirements from Company’s facilities in the United States to your foreign shipping address.
Subscription Program Terms. If you are placing an order online or by telephone as part of our Subscription Program, your membership in the program will remain in effect until it is cancelled. We may, in our sole discretion, terminate your membership in the program at any time without notice to you.
IF YOU ARE A MEMBER OF OUR SUBSCRIPTION PROGRAM AND YOU HAVE PROVIDED US WITH A VALID CREDIT CARD NUMBER OR AN ALTERNATE PAYMENT METHOD, EACH PAYMENT WILL BE AUTOMATICALLY PROCESSED AT THE TIME OF EACH SUCCESSIVE SHIPMENT OF PRODUCT OR, IF ELECTED BY YOU AT THE TIME OF ENROLLMENT, IN MONTHLY INSTALLMENTS ON APPROXIMATELY THE SAME DATE EACH MONTH, AND WILL BE BILLED TO THE PAYMENT METHOD YOU PROVIDED TO US AT THE TIME OF YOUR INITIAL PURCHASE AND ENROLLMENT. IF YOU WISH TO CANCEL YOUR PARTICIPATION IN OUR SUBSCRIPTION PROGRAM, YOU MAY DO SO BY CALLING A CUSTOMER SERVICE REPRESENTATIVE AT THE TELEPHONE NUMBERS LISTED ON THE WEBSITE UNDER customer service or by calling 888-793-7474 FREE in the United States.
You are obligated to provide current, complete, and accurate information for your billing account. You are responsible for promptly updating all information to keep your billing account current, complete, and accurate (e.g., change in billing address, credit card number, or credit card expiration date). You must promptly notify us if your credit card information is cancelled or is no longer valid (e.g., loss or theft). Changes to such information can be made by calling a customer service representative at the telephone numbers listed on the Website under customer service or by calling 888-793-7474 FREE. If you are participating in our Subscription Program using a credit card and your credit card fails to process for a subsequent shipment, Company may convert your account to a pay-by-check plan. If your account has been converted to a pay-by-check plan, you will receive an invoice along with your shipment. Invoiced items not paid within 28 days of receipt will be considered past due and Company will send you communications to collect past due balances. If you fail to timely update your credit card information or fail to timely pay by check, your membership in our Subscription Program may be terminated and your account may be sent for collection.
- 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: firstname.lastname@example.org 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 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. Notwithstanding this provision, you agree that Luminess shall have 45 days from your reply to STOP any of the short codes that you receive messages on from Luminess to allow Luminess to update its records and facilitate the termination of any such future messages. Any messages you may receive from Luminess within 45 days from your reply to STOP shall not be a violation of any federal or state law. Furthermore, any messages you may receive from Luminess under any circumstances whatsoever, regardless when made, shall not be a breach of this Agreement.
- 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.