Account Terms of Use and Conditions of Purchase
PLEASE CAREFULLY READ THESE TERMS OF USE AND CONDITIONS OF SALE BEFORE PLACING AN ORDER ONLINE OR OVER THE TELEPHONE, OR OTHERWISE USING THIS WEBSITE OR ANY OTHER LUMINESS DIRECT WEBSITE. This product website (the "Website") is owned and operated by Luminess Direct LLC and its affiliates (collectively "Luminess Direct", "us", "we" or "our"). These Terms of Use and Conditions of Purchase and any amendments or supplements to it, together with our Privacy Policy (collectively, the "Agreement") form a legally binding agreement between you and Luminess Direct. This Agreement governs your access to and use of any Luminess Direct Website, any order you place through a Luminess Direct website or by telephone, and, as applicable, your use or attempted use of our products and services (collectively, "Your Use").
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.
ELIGIBILITY
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.
PROTECTION OF INTELLECTUAL PROPERTY RIGHTS AND LICENSE
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.
RETURN POLICY and 30 DAY MONEY BACK GUARANTEE POLICY
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 authorization.
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
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:
MULTI-PAYMENT/ INSTALLMENT TERMS
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.
DISCLAIMER REGARDING INFORMATION PROVIDED ON THE WEBSITE
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.
DISCLAIMER OF WARRANTIES WITH RESPECT TO USE OF 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.
MANDATORY ARBITRATION CLAUSE
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.
LUMINESS AIR CLUB
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.
ORDER DELIVERY TIME
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 facility.
COLLECTION FEES AND GENERAL PAYMENT ITEMS
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.
INTERNATIONAL ORDERS
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.
GENERAL CONTACT
By accepting Terms & Conditions you agree to receive any future communications from Luminess Air via email, phone or mail until requested otherwise.
TEXT MESSAGING OPT-IN
LIMITATION ON LUMINESS DIRECT'S LIABILITY
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.
INDEMNIFICATION
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.
MODIFICATIONS TO THE AGREEMENT
Luminess Direct may make changes to these Terms of Use and Conditions of Purchase, from time to time, in its sole discretion, by updating this posting on the Website without notice to you. Your continued use of the Website following the posting of a new version of the Terms of Use and Conditions of Purchase constitutes your acceptance of any such changes. Accordingly, whenever you visit the Website, check to see if a new version has been posted.
VARIATION IN PRODUCT
Actual airbrush system shipped may vary from product shown in photograph as slight cosmetic variations may exist from lot to lot of production.
OTHER IMPORTANT TERMS
Luminess Direct may assign, transfer, or sub-contract any of our rights or obligations under these Terms of Use and Conditions of Purchase to any third party at our discretion. Any representations, warranties, and indemnification obligations made or undertaken by you will survive cancellation or termination of your account or relationship with Luminess Direct. No delay by Luminess Direct in exercising any right or remedy under these Terms of Use and Conditions of Purchase shall operate as a waiver of that right or remedy or shall affect Luminess Direct's ability to subsequently exercise that right or remedy. Any waiver must be agreed to by Luminess Direct in writing. These Terms of Use and Conditions of Purchase supersede any other terms previously published by us and any other representations or statements made by us to you, whether oral, written, or otherwise.