- PROTECTION OF INTELLECTUAL PROPERTY RIGHTS AND LICENSE
- RETURN POLICY AND 30-DAY MONEY BACK GURANTEE POLICY
- MULTI-PAY / 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
- LUMINESS AUTO-DELIVERY SUBSCRIPTION
- TRIAL OFFERS
- LUMINESS REWARDS
- PURCHASING ITEMS FROM US
- ORDER DELIVERY TIME
- COLLECTION FEES AND GENERAL PAYMENT ITEMS
- INTERNATIONAL ORDERS
- AGREEMENT TO BE CONTACTED
- CONSENT TO RECEIVE TEXT MESSAGES
- ACCESS BY MINORS
- NOTICE FOR CALIFORNIA USERS
- LIMITATION ON LUMINESS DIRECT'S LIABILITY
- MODIFICATIONS TO THE AGREEMENT
- 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.
- Items received without original packaging and/or missing parts or componentsmay be charged up to a $25 fee.
- Opened and/or used cosmetic products are non-refundable.
- Luminess 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 for the full value of the product if balance exists on the account.
- A Return Authorization number must be obtained in the 30-day return period.
- Returns must be received at our facility within 10 days of when the Return Authorization number is provided.
- The initial trial fee, shipping, handling, and processing costs is non-refundable.
- You will be responsible for paying all return shipping to deliver product to our facility.
- 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.
- Send all returns via a shipping method that can be tracked with a proof of delivery or confirmed (UPS/ FedEx/USPSPriority mail), insurance is recommended, send to:
LUMINESS AIR RETURNS RA#_____________, 12802 Capricorn Stafford, Texas 77477Along 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.
Exceptions to this Arbitration Agreement. As an exception to this arbitration agreement, you and Luminess Cosmetics 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. Luminess Cosmetics 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. In addition, 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 LUMINESS COSMETICS AGREE THAT EACH PARTY 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 Luminess Cosmetics agree otherwise in writing, 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 Luminess Cosmetics 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 Luminess Cosmetics, you will first provide Luminess Cosmetics 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 Luminess Direct, LLC, 12802 Capricorn St, Stafford, TX 77477; Attn: General Counsel. You agree to negotiate with Luminess Cosmetics 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 Luminess Cosmetic’s receipt of your written dispute, the dispute shall be submitted to a neutral third-party mediator at the Better Business Bureau (BBB) who is qualified to perform mediation services in the State of Texas. If mediation fails to resolve the dispute you may commence arbitration in accordance with this agreement.
Commencement of Arbitration. You and Luminess Cosmetics 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 Luminess Cosmetics agree in writing.
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. The arbitrator shall be chosen pursuant to the American Arbitration Association (AAA) Commercial Rules and the arbitration shall be governed by the AAA Commercial Rules.
All issues shall be decided by the arbitrator, 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 shall only be determined by a court with jurisdiction to determine such matter(s).
Arbitration Fees. Luminess Cosmetics 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 Luminess Cosmetics may have a right to an award of attorneys’ fees and expenses under some laws if it prevails, Luminess Cosmetics agrees that it will not seek such an award, unless any Claims asserted against Luminess Cosmetics are determined by the arbitrator to be frivolous. Any award rendered by an arbitrator shall include a written opinion and shall be final, subject to limited appeal rights as permitted by law or the FAA.
Survival and Severability. This agreement to arbitrate survivesany termination of your account or relationship with Luminess Cosmetics, bankruptcy, assignment, or transfer. Except as provided otherwise in the "waiver of class and representative procedures" provision, if any portion of this agreement to arbitrate is deemed unenforceable, the remaining portions of this agreement to arbitrate shall remain in full force and effect.
Miscellaneous. Failure or any delay in enforcing this arbitration provision in connection with any Claims will not constitute a waiver of any rights to require arbitration at a later time or in connection with any other Claims. The agreement to arbitrate set forth in this Section 7 constitutes the entire arbitration agreement between you and Company and shall not be modified except in writing by Luminess Cosmetics.
RIGHT TO OPT OUT OF THIS AGREEMENT TO ARBITRATE. YOU HAVE THE RIGHT TO OPT-OUT OF THIS AGREEMENT TO ARBITRATE WITHIN 30 DAYS FROM THE DATE OF PURCHASE, USE, OR ATTEMPTED USE OF A LUMINESS COSMETICE PRODUCT (WHICHEVER COMES FIRST) BY WRITING TO LUMINESS DIRECT LLC, 12802 CAPRICORN ST., STAFFORD, TEXAS 77477; ATTN: GENERAL COUNSEL. FOR YOUR OPT-OUT NOTICE TO BE EFFECTIVE, YOU MUST SUBMIT A SIGNED WRITTEN NOTICE IDENTIFYING ANY LUMINESS COSMETIC PRODUCT YOU PURCHASED, USED OR ATTEMPTED TO USE WITHIN THE 30 DAYS AND THE DATE YOU FIRST PURCHASED, USED OR ATTEMPTED TO USE LUMINESS COSMETIC PRODUCTS. YOU MAY ALSO OPT OUT OF THIS AGREEMENT TO ARBITRATE WITHIN 30 DAYS AFTER WE NOTIFY YOU OF A MATERIAL CHANGE TO THIS AGREEMENT TO ARBITRATE. UNTIMELY OPT-OUTS WILL NOT BE VALID AND YOU MUST THEN PURSUE YOUR CLAIM THROUGH ARBITRATION PURSUANT TO THESE TERMS.
Product Representations. Luminess Cosmetics reserves the right, without prior notice, to discontinue or change specifications and prices on products without incurring any obligation to you. Luminess Cosmetics takes reasonable precautions to try to ensure that the prices quoted on the Website are correct, and to describe the items available on the Website as accurately as possible and to depict the most up to date packaging. However, when ordering products, please note that Luminess Cosmetics does not warrant that product descriptions are accurate, complete, reliable, current, or error-free, or that product packaging depicted on the Website will match the actual product that you receive. If a product described on the Website is not as described when you receive it, or the packaging on the Website does not match the product you receive, your sole remedy is to return it to us in an unused and undamaged condition in accordance with our Return Policy, which is listed on the Website under Customer Service. Luminess Cosmetic’s descriptions of, or references to, products not owned by Luminess Cosmetics do not imply endorsement of that product or constitute a warranty by Luminess Cosmetics.
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 because of the error, your credit card will be refunded the full amount of your order.
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. Luminess Cosmetics 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 Luminess Cosmetics, 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.
Luminess Cosmetics does not accept orders from dealers, wholesalers, or customers who intend to resell items offered on the Website. If Luminess Cosmetics 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 using fake or stolen cards, Luminess Cosmetics reserves the right to report you to federal, state and/or local enforcements authorities.
Shipping and Risk of Loss. Luminess Cosmetics will add applicable shipping and handling fees to your order. Unless otherwise noted, Luminess Cosmetics will use commercially reasonable efforts to ship products within a reasonable time after receipt of your properly completed order. Although Luminess Cosmetics may provide delivery or shipment timeframes or dates, you understand that those are Luminess Cosmetic’s good faith estimates and may be subject to change. You further understand that product availability may be limited, and 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). Luminess Cosmetics will use reasonably good faith efforts to contact you. If Luminess Cosmetics cannot contact you or you no longer wish to receive the item, Luminess Cosmetics 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. Luminess Cosmetics 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. Luminess Cosmetics may reject orders where the stated delivery address is outside the United States.
Sales Tax. In the United States, Luminess Cosmetics 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. Luminess Cosmetics is required to follow the rules of each state. Your final order total will include the appropriate state and local taxes.
Auto Delivery Subscription Program Terms. If you are placing an order online or by telephone as part of our Auto Delivery 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 AUTO DELIVERY 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 AUTO DELIVERY 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 (toll-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 Auto Delivery Subscription Program using a credit card and your credit card fails to process for a subsequent shipment, Luminess Cosmetics 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 Luminess Cosmetics 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 Auto Delivery Subscription Program may be terminated and your account may be sent for collection.
All orders with standard shipping are typically shipped within 2 business days of receipt (start order date). Start Order dates are calculated from the first business day after the order is called in or ordered via the Website. Orders with optional Rush shipping are shipped within 2 business days of receipt date. Consumers can expect an average of 5to 10 days to receive standard delivery orders after the 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 weeks may vary during "high volume days" such as holidays by up to two weeks earlier or two weeks later than estimated.
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 (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 facility.
- By voluntarily providing your telephone number, you expressly agree to receive text messages and alerts from Luminess Cosmetics related to your product orders, VIP Delivery Subscription, promotions, reminders about incomplete or upcoming payments, account updates or future offers from Luminess Cosmetics.
- You agree that Luminess Cosmetics may send text messages to your telephone number even if your telephone number is registered on any state or federal Do Not Call List.
- You agree to receive text messages from Luminess Cosmetics even if you terminate your relationship with Luminess Cosmetics, except if you opt-out (see below).
- You understand that you do not have to agree to receive automated promotional texts as a condition of purchasing any Luminess Cosmetic Products. There is no fee to receive text messages from Luminess Cosmetics. However, you may incur a charge for these text messages from your telephone carrier, which is your sole responsibility. Check your telephone plan and contact your carrier for details. You represent and warrant that you are authorized to incur such charges and acknowledge that Luminess Cosmetics are not responsible for these charges.
- Unless you opt-out, Luminess Cosmetics will send periodic text messages with key account updates and offers.
- HOW TO OPT-OUT: Your consent to receive text messages is completely voluntary. You may opt-out at any time. To opt-out of text messages, reply STOP to any text message you receive from us. You shall receive a confirmation text message confirming that you have successfully unsubscribed. You agree that Luminess Cosmetics shall have 30 days to process any opt-out request.
- 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.
- WARRANTY: We are not liable for any delays in the receipt of any text messages. Delivery of text messages is subject to effective transmission from your wireless service provider or network operator.