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 COSMETICS OR LUMINESS AIR WEBSITE. This product website (the "Website") is owned and operated by Luminess Direct LLC and its affiliates (collectively "Luminess Cosmetics", “Luminess Air”, “Luminess”, "us", "we" or "our"). These Terms of Use and Conditions of Purchase (the “Terms of Use”) govern your access to and use of the Luminess Cosmetics or Luminess Air Website, any order you place through the Luminess Cosmetics or Luminess Air website or by telephone, and, as applicable, your use or attempted use of our products and services (collectively, "Your Use").
THESE TERMS OF USE CONTAIN A MANDATORY ARBITRATION PROVISION, WHICH REQUIRES YOU TO SUBMIT ANY CLAIM TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEEDING IN COURT. IF YOU WANT TO OPT-OUT OF THIS MANDATORY ARBITRATION AGREEMENT, SECTION 7 BELOW DESCRIBES THE PROCEDURES YOU MUST FOLLOW TO DO SO. THE ARBITRATION AGREEMENT REQUIRES INDIVIDUAL ARBITRATION INSTEAD OF A JURY TRIAL OR COURT PROCEEDING. THE ARBITRATION PROVISION ALSO INCLUDES A CLASS ACTION WAIVER IN SECTION 7 BELOW, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY CLAIM INDIVIDUALLY AND NOT AS A PART OF ANY CLASS ACTION. YOUR USE OF THE WEBSITE SHALL BE DEEMED TO CONSTITUTE YOUR ACCEPTANCE OF THESE TERMS OF USE. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF USE AND CONDITIONS OF PURCHASE, PLEASE DO NOT USE THE WEBSITE, DO NOT ORDER, AND DO NOT USE A LUMINESS COSMETIC PRODUCT.
1. 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 use the Website. . 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. If you are not at least 13 years of age please do not access, use, or register with the Website.
2. 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 licensors, 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 use and access the Website solely for your own personal, non-commercial use and 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 Cosmetic’s or a third party's Intellectual Property Rights. Any rights not expressly granted herein are reserved.
3. RETURN POLICY
To initiate a return please contact Luminess Customer Care at 1-888-793-7474 and request a Return Authorization number (RA#). Once confirmed an RA# with the instructions below will be emailed to your verified email account on file. Simply follow the four-step process below!
  1. Print the emailed shipping label.
  2. Pack up your order. Items must be returned with the original packaging including any accessories and parts that were shipped with your original order. Free gifts and instruction manuals if included are yours to keep.
  3. Attach the shipping label and handwrite the RA number on the outside of the package. Please write legibly and in bold letters.
  4. Drop off at your closest shipping location.
All returns are verified for RA#’s.We will gladly accept returns within the trial period from the date the order was delivered (excludes discounted and promotional items. See Important- Additional Return Terms and Conditions below). Money back guarantee offers do not apply to paid shipping charges. All “Refused” packages will be issued a store credit in the form of a digital coupon code. The code will be sent to the email used at the time of purchase.
Customers on the Trial Pay Offer will not be billed additional monthly installment(s) if the returned items 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.
IMPORTANT-  ADDITIONAL RETURN TERMS AND CONDITIONS
  • A Return Authorization number must be obtained in the trial period from the date your order was shipped.
  • It is important to ship your return package within 3-5 days of receiving your RA# to allow for proper transit and receiving time.
  • Once we receive your package, please allow up to 7-10 business days to process your return. The timing of your refund may depend on your credit card provider and method of payment.(If you do not see your return amount appear on your statement after 12 business days, contact us (1-877-749-5777) immediately and we will resolve promptly).
  • Customers who originally paid by check by phone or by electronic check withdrawal will be issued a refund check within four (4) weeks of processing your return.
  • Return eligibility is dependent on product condition, timing, and physical receipt of return package in our warehouse. Opened and/or used cosmetic products are non-refundable. Returns received with damaged merchandise due to misuse may be denied refund and customer may be held responsible for the full value of the product if balance exists on the account.
  • Luminess assumes no responsibility for merchandise lost or damaged by carrier transporting and delivering returned merchandise.
  • Packages containing expired RA#s may be refused and returned to sender at sender's expense. Merchandise received seven (7) days past RA expiration date may subjected to a re-stocking fee based on 25% of full purchase price.
  • Express (paid) shipping charges are non-refundable.
  • All sales final on all Beauty, Black Friday, Cyber Monday, New Year, Valentine's & Holiday Sale specials. Limit one per person.
  • If you elect to ship your return package back at your expense send 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#_____________, 10 Emery St. Bethlehem, PA 18015
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.
4. MULTI-PAYMENT/ INSTALLMENT TERMS
Customers opting to pay with our multi-payment method will be billed in the following manner: All trial orders are subject to a $1 charge to validate the credit card used for this order. This amount will be applied towards your payments 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 shipping and handling fees. Customer will be automatically billed according to the terms of the offer until full balance is paid in full. The validation charge will be applied towards the first 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 may be assessed a 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.
5. 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 COSMETICS 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 COSMETICS STRIVES TO KEEP THE INFORMATION ON THE WEBSITE ACCURATE, COMPLETE, AND UP-TO-DATE, LUMINESS COSMETICS 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.
6. 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 COSMETICS 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 COSMETICS 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 COSMETICS 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 COSMETICS OR THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
7. AGREEMENT TO RESOLVE DISPUTES BY ARBITRATION

Generally. Arbitration is a method of resolving a Claim without filing a lawsuit. “Claim” means any dispute between you, Luminess Cosmetics, and/or any involved third party relating to your account, Your Use (defined here), your relationship with Luminess Cosmetics, or these Terms of Use and Conditions of Purchase. This includes any and all claims or disputes that relate in any way to your use of the Luminess Cosmetics products, your attempted use of the products, and any act or omission by Luminess Cosmetics or any third party related to your use or attempted use of the products, as well as any claims relating to advertising or representations regarding the products. You, Luminess Cosmetics, or any involved third party may pursue a Claim. Luminess Cosmetics agrees to binding arbitration should it have any Claims against you. Likewise, you agree to binding arbitration should you have any Claims against Luminess Cosmetics. By agreeing to arbitrate, you waive the right to go to court and agree instead to submit any Claims to binding arbitration. This arbitration provision is governed by and enforceable under the Federal Arbitration Act (the “FAA”), 9 U.S.C. §§ 1-16, as amended.

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, 12822 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 survives any 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, 12822 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.

8. EXCLUSIVE VENUE FOR OTHER CONTROVERSIES
You agree that any controversy excluded from this agreement to arbitrate (other than an individual action filed in small claims court) shall be filed only in the District Court of Harris County, Texas, or the United States District Court for the Southern District of Texas, and each party hereby irrevocably and unconditionally consents and submits to the exclusive jurisdiction of such courts for any such controversy.
In order to avoid irreparable injury to Luminess Cosmetics, in the event of any breach or threatened breach by you of these Terms of Use, we shall be entitled to seek an injunction and/or other equitable relief restraining such breach. Nothing in this Agreement shall be construed as prohibiting Luminess Cosmetics from pursuing any other remedies available to it for such breach or threatened breach, including the recovery of monetary damages from you.
9. LUMINESS AUTO DELIVERY SUBSCRIPTION
The Luminess Cosmetic Auto Delivery subscription offers the convenience of having refills of Luminess Cosmetic products delivered to your doorsteps. You can change the frequency of your subscription of cancel your Auto Delivery subscription at any time by contacting Luminess Care at 1-877-749-5777. Promotional pricing on the Airbrush System Kit is only applicable with auto-delivery. Early cancelation of auto-delivery will result in price adjustments.
10. TRIAL OFFERS
Certain Luminess products may be offered for sale on a trial basis. Trial offers remain at our sole discretion and may include the opportunity to try a new product for free, or for a specified trial fee for a limited time. Orders which have not been cancelled or returned by the end of the trial period will be billed automatically under the details of the trial program selected. The terms, restrictions, and limitations connected to any trial program are conveniently detailed during the checkout process. Signing up for multiple accounts to receive additional trial programs is prohibited. We may terminate or suspend a trial program at any time without notice or liability, and at our sole discretion we reserve the right to adjust pricing relative to any product offered through a trial program.
11. LUMINESS REWARDS
The Luminess Rewards Program (“Program”) is a free rewards program to its customers located in the U.S. Membership in the program is limited to individuals only and is limited to one account per individual. You must be 18 years or older and a legal resident of the United States to be eligible for membership.
There are three tiers of membership in the program: Luminista, Loyalist, and Legend. Achieving Loyalist or Legend status requires a minimum per year spend and or participation in qualifying auto-delivery programs. All membership tiers enjoy a variety of benefits made available by Luminess in its sole discretion from time to time (“Benefits”). Benefits may vary by tier and some tiers may have more benefits than others. The type, timing and availability of any benefits will be determined by Luminess in its sole discretion.
Luminess may, in its sole discretion, alter, limit, or modify the tier rules, regulations, benefits, eligibility for membership, or any other feature of a particular tier or may terminate a particular tier at any time in its sole discretion, without prior notice except as expressly set out in these terms or required by applicable law.
Under the program, all three tiers of membership may have the opportunity to have points credited to their account for money spent on applicable merchandise. We may offer bonus points from time to time and in that circumstance the bonus points offer would apply. To access and earn points, all purchases must be made under your Luminess Rewards registered e-mail address.
As part of the benefits of being a member, your Luminess Rewards points may be redeemed for rewards made available by Luminess from time to time in its sole discretion (“Rewards”). You are eligible to redeem Luminess Rewards points for a reward if you have enough points in your account for that specific reward. Reward points themselves have no cash value and can only be redeemed for rewards and do not count towards Luminess’s free shipping threshold. Luminess may, in its sole discretion, allow points to be redeemed for other benefits or items of merchandise from time to time.
12. PURCHASING ITEMS FROM US

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.

Order Placement and Acceptance. If you order a product, payment must be received by Luminess Cosmetics prior to Luminess Cosmetic’s acceptance of the order. Luminess Cosmetics may require additional information regarding your order if you have not provided all 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 these Terms of Use. 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.

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.

13. ORDER DELIVERY TIME

All orders with standard shipping are typically shipped within 2 business days (order submit 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 express shipping are shipped within 2 business days of receipt date. Consumers can expect an average of 5 to 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.

14. COLLECTION FEES AND GENERAL PAYMENT ITEMS
Customer is responsible for all collection expenses, including attorney’s fees, in the event any unpaid balance must 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. Balances may be transferred or sold to third party factor or financial institution.
15. INTERNATIONAL ORDERS
The 30-day money back guarantee offer is available to USA and Canada customers only. All international sales are considered final and cannot be returned. Trial offers are not available to international customers. Packages which have already shipped cannot be cancelled. Refused packages will result in restocking, processing & handling, and shipping fees. Rush delivery is not available for international orders.
Not all Luminess products may be approved for sale in jurisdictions outside of the United States. While Luminess Cosmetics 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 Luminess Cosmetics products by you, as a non-U.S. resident, shall be (i) ex works Luminess Cosmetic’s facilities in the United States per Incoterms 2020, 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 Luminess Cosmetics to ship the purchased products to your shipping address, and to contract on your behalf with a shipping 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 Luminess Cosmetic’s facilities in the United States to your foreign shipping address.
16. AGREEMENT TO BE CONTACTED
By voluntarily providing your address, telephone number and email address, you agree to receive any future communications from Luminess Air for any reason whatsoever via email, phone (regardless of what type) and/or mail until you unsubscribe to any email communications or otherwise request in writing via certified mail delivered to Luminess Cosmetics. . You agree that Luminess Cosmetics shall have 30 days from the receipt of your request to update its records and facilitate the termination of any such further communications with you and that any communications you may receive from Luminess Cosmetics during the 30 day time period from Luminess Cosmetic’s receipt of your request shall not be a violation or any federal or state law.
17. CONSENT TO RECEIVE TEXT MESSAGES
  • 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: help@luminessair.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.
  • 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.
  • PRIVACY POLICY: We respect your privacy. We shall not share or use your mobile number for any purpose other than to send you (program description) text messages as described here. We shall only use information you provide to transmit your text message. However, we may always disclose any information as necessary to satisfy any law, regulation, or governmental request, to avoid liability, or to protect our rights or property. When your complete forms online or otherwise provide us information in connection with this text-messaging service, you agree to provide accurate, complete, and true information. You agree not to use a false or misleading name or a name that you are not authorized to use. If we, in our sole discretion, believe that any such information is untrue, inaccurate, or incomplete, we may refuse you access to this service and pursue any appropriate legal remedies.
  • ELECTRONIC COMMUNICATIONS AND SIGNATURES. The communications between you and Luminess Cosmetics use electronic means, whether you use the Website or send us emails, or whether Luminess Cosmetics posts notices on the Website or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Luminess Cosmetics in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Luminess Cosmetics provides to you electronically satisfy any legal requirement that such communications would satisfy if it were be in a hardcopy writing. The foregoing does not affect your non-waivable rights. You further acknowledge and agree that by clicking on the button labeled “SUBMIT”, “DOWNLOAD”, “I ACCEPT” or such similar links as may be designated by Luminess Cosmetics, you are submitting a legally binding electronic signature and are entering into a legally binding contract. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by these Terms of Use and any hyperlinks contained herein. Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, including, without limitation, the United States Electronic Signatures in Global and National Commerce Act, P.L. 106-229 (the “E-Sign Act”) or other similar statutes, YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE WEBSITE OR SERVICES OFFERED BY LUMINESS COSMETICS. Furthermore, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature, delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.
  • You are responsible for obtaining and maintaining all telephone devices and other equipment and software, and all internet service provider, mobile service, and other services needed to receive text messages. Text messaging may only be available with select carriers with compatible handsets. Your obligations under this Section will survive termination of these Terms of Use.
18. ACCESS BY MINORS.
Pursuant to 47 U.S.C. Section 230(d), as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors.
19. NOTICE FOR CALIFORNIA USERS
Under California Civil Code Section 1789.3, California users of the Site are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
20. LIMITATION ON LUMINESS COSMETIC’S LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES WILL LUMINESS COSMETICS, ITS SUPPLIERS, PARENTS, SUBSIDIARIES, REPRESENTATIVES, AFFILIATES OR AGENTS BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY 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 EXPRESSLY UNDERSTAND AND AGREE THAT LUMINESS COSMETIC’S MAXIMUM LIABILITY FOR ANY CLAIM ARISING FROM THE USE OF THIS WEBSITE OR USE OF LUMINESS COSMETICS PRODUCTS SHALL NOT EXCEED THE PURCHASE PRICE OF THE LUMINESS COSMETICS, IF ANY, THAT YOU HAVE PURCHASED FROM LUMINESS COSMETICS.
21. INDEMNIFICATION
You agree to indemnify and hold harmless Luminess Cosmetics, 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 your voluntary provision of personal information (e.g., telephone number) to Luminess Cosmetics that is not owned by you and/or your failure to notify us of any change in your contact information, including your telephone number; and/or (iv) your breach of these Terms of Use.
22. MODIFICATIONS
Luminess Cosmetics reserves the right to modify, update or remove portions of these Terms of Use at any time. We will provide notice of any material changes by posting the revised Terms of Use on the Website with an updated “Last Revised” date. Any material changes will take effect automatically 30 days after they are posted on the Website and will not apply retroactively. 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.
23. OTHER IMPORTANT TERMS
Luminess Cosmetics 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 Cosmetics. No delay by Luminess Cosmetics 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 Cosmetic’s ability to subsequently exercise that right or remedy. Any waiver must be agreed to by Luminess Cosmetics 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 Luminess Cosmetics to you, whether oral, written, or otherwise.
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