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.
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!
Print the emailed shipping label.
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.
Attach the shipping label and handwrite the RA number on the outside of the package. Please
write legibly and in bold letters.
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.
Thank you for doing business with Luminess Direct LLC ("Luminess," or "Company"). We welcome you and hope you find our websites, applications, products, and our other subscription services and tools (collectively, the “Services”) helpful and useful. We have adopted this Privacy Policy (the "Policy") to help our current and potential customers, clients, their employees, our employees, and other business partners understand what information we collect, store, share, and use, how and why we do so, and what your rights are in regard to that information.
We always seek to improve our Services to you, and that requires that we collect, store, share, and use information about you and your usage preferences. As we do so, we are absolutely committed to protecting your privacy and the security of your personal information. We always seek to improve our Services to you, and that requires that we collect, store, share, and use information about you and your usage preferences. As we do so, we are absolutely committed to protecting your privacy and the security of your personal information.
The purpose of this Policy is to inform users about our collection, use, distribution, and protection of information collected from users (“Users”) of the www.luminessbeauty.com, and, www.luminesscosmetics.com, websites (the “Sites”). The Sites are owned and operated by Luminess Direct LLC or its affiliates. Please read this Privacy Policy carefully before using the Sites. This Policy applies to information we collect about you through the Sites and when you otherwise communicate with Luminess. This Policy supplements and forms a part of the Terms of Use and Conditions of Purchase.
BY ACCESSING THE SITES, PURCHASING OUR PRODUCTS, AND COMMUNICATING OR OTHERWISE INTERACTING WITH US, YOU ARE ACCEPTING AND CONSENTING THE INFORMATION PRACTICES DESCRIBED IN THIS PRIVACY POLICY. IF YOU DO NOT AGREE TO THIS POLICY, PLEASE DO NOT USE THIS SITE OR ITS CONTENTS.
If we ask for your personal information for a secondary reason, like marketing, we will either ask you directly for your expressed consent, or provide you with an opportunity to say no. You may withdraw your consent for us to contact you, for the continued collection, use or disclosure of your information, at any time, by contacting us at privacy@luminessair.com or mailing us at: Luminess Direct LLC 12822 Capricorn Street, Stafford, Texas 77477.
In this Policy, "Personal Information" means information that personally identifies or can be associated with you, such as your name, email address, shipping and billing address, phone number or credit card number, and "Non-Personal Information" means information that relates to you but does not directly identify you. "Information" is collectively used herein to refer to both Personal Information and Non-Personal Information. This Privacy Policy does not apply to any third parties or any websites that might be linked to our Sites or products.
TRACKING USER BEHAVIOR
Luminess may keep track of the websites and pages our users visit on the Sites, in order to determine what Luminess services are the most popular. This data is used to deliver customized content and advertising within our Sites to customers whose behavior indicates that they are interested in a particular subject area.
INFORMATION WE COLLECT AND HOW WE USE IT
Listed below are the categories of Information we collect when you choose to use the Sites, and in the onboarding or check-out process when you create your Luminess account or make a purchase of a Luminess product. We never sell your Information, and we always have a lawful basis for gathering the Information, but that lawful basis might be different for various categories, and we describe those uses below. Regardless, we never use the Information for any purpose other than the purpose for which we gathered the Information in the first place, unless we get your prior consent.
Personal Data. Personal Data includes your name, address (both billing and shipping addresses), email address, credit card information, phone number and any other information attributable to an identifiable natural person or household, including the information described in California Civil Code Section 1798.140(o). Each piece individually is a piece of Personal Information, and we collect varying amounts of Personal Information based on how you engage with us. We collect Personal Information when you order a product from us, register to receive communications from us, create an online account on one of the websites, download or access our mobile applications, request or subscribe to catalogues, product information, promotions or other communications from us, contact or communicate with us, participate in surveys, enter contests or promotions, submit a product review, testimonial, comment, suggestion, or other content to us, access or use our pages or accounts on any third-party social media platforms such as Facebook, Twitter, or Pinterest, or otherwise interact with us online (including through a website or the mobile applications) or by phone, mail, fax, or in person. We may gather your birthday as well as your contact information, including physical, shipping and e-mail address, your country of residence and preferred language. We do not collect payment card information from you; when you purchase a product or otherwise make a payment through this site, your card information is received directly by our card processing service provider and not to or through our systems. We do collect information relating to your purchase, including the amount of your purchase, the products that are purchased, your shipping address and a transaction reference number, Based on how you interact with us and the information you share, we use the Personal Information we collect to process and communicate with you about your order, establish a customer relationship with you, ship the products you ordered, process payments, enhance your shopping experience, communicate with you about our products and events that may be of interest to you, and for other marketing and research purposes.
Information Collected Automatically. The Sites use various tracking technologies that may include cookies, log file information, web beacons, location data, online analytics, and third-party ad serving companies (collectively, "Tracking Tools") to automatically collect Information from you. We, along with our third-party service providers, use Tracking Tools for a variety of purposes, including enhancing your online experience and our product offerings. We treat Information automatically collected as Non-Personal Information. Please see below for more information regarding the Tracking Tools that we may use.
Cookies: We and our third-party service providers use cookies, which are small files that are stored on your computer or mobile device and allow websites to remember information about you. For marketing purposes and to help personalize and improve our online Services we use cookies to monitor how the Services offered on the Sites are used.
When you visit or log in to our website, cookies and similar technologies may be used by our online data partners or vendors to associate these activities with other personal information they or others have about you, including by association with your email or home address. We (or service providers on our behalf) may then send communications and marketing to these email or home addresses. You may opt out of receiving this advertising by visiting https://app.retention.com/optout
Log File Information: Log file information may be automatically reported by your browser or mobile device each time you access a Site. This Information may include your IP address, device and software characteristics (such as type and operating system), browser type, Internet service provider, URLs, referring/exit pages, click data, domain names, landing pages, pages viewed, and other such information.
Web Beacons: When you use a Site, we and our third-party service providers may employ web beacons (also known as clear gifs or action tags) that are used to anonymously track your online usage patterns. In addition, we may also use clear gifs in HTML-based emails sent to our users to track which emails are opened and which links are clicked by recipients. This information facilitates more accurate reporting and improvement of our Services.
Location Data: When you access the website via a mobile device, we and our third-party service providers may access, collect, monitor, and/or remotely store information regarding your mobile device, as well as real-time "location data," which may include GPS coordinates. Your device should require you to provide permission before our Site obtains precise geolocation information from a browser's geolocation API or from technologies like GPS, Wi-Fi, and/or cell towers. We and our service providers may use this approximate location and/or precise geolocation information, along with other information submitted by you, to provide you with location-based services like local store information, search results, exclusive offers, and other personalized content.
Most browsers and mobile devices allow users to enable or disable precise geolocation using pop-ups or controls located in the settings menu. If you have questions about how to disable your device's precise geolocation services, please contact your browser developer, mobile service carrier, or device manufacturer. You may also stop collection of precise geolocation information by our mobile application by uninstalling the mobile application using the standard uninstall process available as part of your mobile device.
If you uninstall any of our mobile applications from your device, the unique Luminess identifier associated with your device may continue to be stored. If you re-install any of our mobile applications on the same device, Luminess may be able to re-associate this identifier to your previous transactions.
Online Analytics: We use third-party analytics tools to help us measure traffic and usage trends. These tools collect Information sent by your browser or mobile device, including the pages you visit and other Information, which assists us in improving our Services and offerings.
Third-Party Ad Serving Companies: We may use third-party advertising companies to serve ads after you visit our website. Such advertising companies also may separately use Tracking Tools, including cookies, in the course of delivering targeted advertisements to our Services.
Information We Collect When You Download and Use the Mobile Applications
When you download or access Luminess mobile applications, we may collect certain information about your device and in some cases location information (if your device settings allow us to collect location information – see above under caption “Location Data“).
Information We Receive From Third Parties. We may receive Information about you from third parties. For example, if you access our website through a third-party connection or log-in (e.g., through Facebook), such third-party may pass certain Information about your use of its service to us. We may also receive Information about you from third parties such as our business partners and service providers. We may also obtain other Information about you such as change of address, contact information, or demographic information from commercially or publicly available sources.
You or the third party may delete the third party’s information from your account by contacting us at privacy@luminessair.com to request that we remove their information from our database. Note: Although you can remove the information from your account for future transactions, the third-party information may be retained with the original transaction for auditing and legal purposes. In no other circumstances do our statements under this Privacy Policy apply to information we receive about you from third parties.
Send to a Friend. We may give you the opportunity to tell your friends about product information and promotions. If you take advantage of our Send to a Friend option, we ask you for your friend's and your first names, last names and email addresses to send the information to them that you requested.
WHY WE COLLECT YOUR INFORMATION
Luminess uses your Information, including Personal Information, for a variety of business and commercial purposes, including:
providing our products to you;
responding to your requests, comments, or postings;
processing orders and payments;
processing returns, refunds, and exchanges;
processing and managing your accounts with us;
communicating with you;
improving and customizing our products, website, promotions, communications, and advertisements;
customer service and technical support, which may include resolving issues or troubleshooting problems;
for internal operations such as enhancing our product offerings, marketing efforts, and to conduct research and analysis;
developing new products and promotions;
for marketing purposes;
to prevent fraud or potentially illegal activities;
to enforce our Terms of Use
to comply with applicable laws, regulations, and legal process; and/or
to protect the security and integrity of our business, brands, the Sites, and third-party business partners and service providers.
We may combine all the Information we collect or receive about you for any of the foregoing purposes.
SHARING INFORMATION WITH THIRD PARTIES
Luminess does not sell, rent or lease its customer lists to third parties.
Luminess may, from time to time, use external business partners to provide information to you about a particular offering that may be of interest to you. In those cases, your unique Personal Information (e-mail, name, address, telephone number) is transferred to the third party. Luminess may share Information with trusted partners to help perform statistical analysis, send you email or postal mail, provide customer support, or arrange for deliveries. All such third parties are prohibited from using your Information except to provide these services to Luminess, and they are required to maintain the confidentiality of your information.
The Company in its sole discretion may disclose Personal Information in certain circumstances: (1) when we have reason to believe that disclosing this information is necessary to identify, contact, or bring legal action against someone who may cause injury to or interference with (either intentionally or unintentionally) the legal rights of the Company or the Website, or to anyone that could be harmed by such activities; (2) when we believe in good faith that the law requires it, including compliance with legal process served on the Company; and (3) in situations involving threats to the physical safety of any person or entity.
SECURITY OF INFORMATION
Luminess uses reasonable efforts to maintain a secure operating environment to protect your information from unauthorized or accidental access. Information is collected over a secure SSL communication channel with encryption. While we are committed to protecting your privacy, no security measures are perfect or impenetrable; no transaction over the internet can be completely secure, and we cannot guarantee that your Personal Information will never be accessed, used, or disclosed in a manner that is inconsistent with this Policy.
Our website or communications may offer links to and from other third-party sites. We are not responsible for the content or information on those websites. In addition, other websites have their own privacy policies that govern your privacy rights on those websites.
You are responsible for maintaining the confidentiality of your user password and account login information. We encourage you to set a secure password that is difficult for others to guess and change your password on a regular basis to help ensure your account remains secure.
In the event any Personal Information under our control is compromised as a result of a breach of security, we will take reasonable steps to investigate the situation and where required by applicable law to notify those individuals whose information may have been compromised and take any other action required by applicable laws and regulations.
INTERNATIONAL VISITORS
If you are visiting the Sites from the European Union (EU), The United Kingdom (UK), Australia, Canada, or other countries with laws governing data collection and use, please note that you are agreeing to the transfer of your personal information outside the country in which you reside, where data protection and privacy regulations may not offer the same level of protection as in the country in which you reside or other parts of the world. Your personal data may be transferred for processing and storage by Luminess and our affiliates and third parties. By providing your personal data you consent to any transfer and processing in accordance with this Privacy Policy. Our Services and the terms of this Policy may or may not comply with laws of jurisdictions other than the United States. If you do not agree with this, please do not use our Services or the Sites.
We are committed to providing transparency and full compliance with foreign privacy laws such as Canada’s Anti-Spam Legislation and its implementing rules and regulations (“CASL”), The GDPR and UK-GDPR for EU and UK residents respectively, and Australia privacy law. We may occasionally send commercial electronic messages (“CEM”), such as email and/or text messages or social media messages/postings. These may include CEMs sent in connection with your use of the Site’s offerings and/or products, as well as services that we think might be of interest to you. If you have received CEM from us, it is in accordance with applicable law. If you have received a CEM, and you believe that you should not have, please contact us immediately at privacy@luminessair.com and we will take the appropriate action within ten (10) business days.
If you are from Australia, the EU, UK or are otherwise located in the European Economic Area (EEA), we are required to give you information about the transfer of your information outside Australia, the EEA or UK, respectively. If this applies to you, whenever you voluntarily give us your Personal Information, you should understand that your information will be sent by you to the United States and/or jurisdictions that do not provide the same framework for the protection of Personal Information as Australia, the EEA and UK. By sending us your Personal Information, you are expressly consenting to the transfer of information from your location within Australia, the EEA, UK, or elsewhere to our servers in the United States.
We take reasonable steps to make sure that third party recipients, wherever they may be, handle your personal information in a secure manner and in accordance with this Privacy Policy. However, we cannot always ensure that such third-party recipients will comply with this policy or legal rights that you may be entitled to. Where a third-party recipient does not handle your Personal Information in compliance with law, we will not be accountable to you and you will not be able to seek redress, including under Australian, EU, UK, Canadian or any other jurisdiction’s privacy law, or for such non-compliance.
CALIFORNIA RESIDENT PRIVACY RIGHTS
For California residents, the California Consumer Privacy Act (CCPA) of 2018 grants you additional privacy rights. The CCPA defines terms such as "sale," "personal information" and "other valuable consideration" more broadly than you might think. This section uses the definitions provided by the CCPA.
Categories of Personal Information Sold: In the last 12 months, Company may have "sold" the following categories of "Personal Information" as defined by the CCPA. Identifiers/contact information, sold to social media networks, data analytics providers, and advertising networks. And internet/electronic activity, sold to social media networks, data analytics providers, and advertising networks. We do not knowingly sell Personal Information about persons under the age of 16.
Categories of Personal Information Disclosed. In the last 12 months, Company may have "disclosed" the following categories of "Personal Information" for a "business purpose." Identifiers/contact information, disclosed to billing service providers, email service providers, customer service platforms, and fraud protection services. Characteristics of protected classifications under California or federal law, disclosed to customer service platforms, and fraud protection services. Commercial information, disclosed to payment processors, product fulfillment vendors, email providers, site personalization platforms and marketing analytics services. Internet/electronic activity, disclosed to marketing analytics services, email service providers, site search providers and site personalization platforms. Inferences, disclosed to marketing analytics services, email service providers and site personalization platforms.
As a California resident, you have the following rights while doing business with Luminess Direct LLC:
The right to know what personal information is collected, used, shared or sold, including both the categories and specific pieces of personal information.
The right to delete personal information held by Luminess and our service providers.
The right to opt-out of sale of personal information. Consumers are able to direct a business that sells personal information to stop selling that information. Children under the age of 16 must provide opt in consent, with a parent or guardian consenting for children under 13.
The right to non-discrimination in terms of price or service when a consumer exercises a privacy right under CCPA.
To make any request under the CCPA, you must submit a data request to us once a year, free of charge, by emailing us at privacy@luminessair.com. Please provide your name, e-mail address, and telephone number. You must put the statement "Your California Privacy Rights" in the subject field. You must also include any other information we request to reasonably verify your identity. We are not responsible for notices that are not labeled or sent properly, or do not have complete information. We reserve the right to take additional steps or require additional information to verify your request.
We will respond to your request within 10 days after receipt of your request, and we will then take action to verify your identity and fulfill your request, as required by the CCPA.
You have the right not to receive discriminatory treatment by us for the exercise of any privacy rights conferred by the CCPA, which means that we will not take any action to hurt or punish you for exercising your rights under the CCPA.
You may designate an authorized agent to make a request under the CCPA on your behalf by writing us at privacy@luminessair.com. Upon receipt of your request, we will provide you with the information you will need to designate that agent.
To our valued Luminess customers who live in California: you can access the entire CCPA 2018 act here for more information.
California Do Not Track Notice: At this time, there is no worldwide uniform or consistent industry standard or definition for responding to, processing, or communicating Do Not Track signals. Thus, like many other websites and online services, our Sites are currently unable to respond to Do Not Track signals. To find out more about "Do Not Track", you may wish to visit http://www.allaboutdnt.com.
NEVADA
If you are a resident of the State of Nevada and would like to opt-out from the sale of your personal information to any third-party data broker, please e-mail us at privacy@luminessair.com.
AGE OF CONSENT
By using this site, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use this site.
Our services are generally not directed to children under 18. We do not knowingly collect Personal Information from anyone under 18 without parental consent. If you become aware that we have collected Personal Information from a child under the age of 18 without parental consent, please let us know so we can take appropriate action.
If you are under 18, please do not provide any personal information. The Sites are intended for adults only. If anyone has submitted information under the age of 18, please notify us so we can delete the information.
INTELLECTUAL PROPERTY
Luminess owns all rights, title and interest in the Sites, the proprietary content and all related intellectual property. This includes but is not limited to logos, trademarks, text, code, graphics, designs and images (the “Content”). It is strictly prohibited to copy, modify, distribute, transmit, display, reproduce, publish, license, or link to any Content on the Site without first obtaining written authorization or consent from Luminess.
WE RESERVE THE RIGHT TO UPDATE AND REVISE THIS PRIVACY POLICY AT ANY TIME
From time to time we review this Privacy Policy to ensure that it complies with applicable law. Consequently, we reserve the right to update and revise this Privacy Policy at any time. You will know if this Privacy Policy has been revised since your last visit to the website by referring to the "Effective Date of Current Policy" date at the top of this page. Your use of our website constitutes your acceptance of the terms of the Privacy Policy as amended or revised by us from time to time, and you should, therefore, review this Privacy Policy regularly to ensure that you are aware of its terms.
IN THE EVENT WE ENGAGE IN A BUSINESS COMBINATION, WE RESERVE THE RIGHT TO TRANSFER ANY INFORMATION THAT WE COLLECT THROUGH OUR WEBSITE
If we sell all or any part of our business or sell or transfer all or a material part of our assets or are otherwise involved in a merger or other transfer or disposition of any part our business, we reserve the right to access, transfer or disclose any and all information that we collect from our website’s visitors, or that we otherwise collect in connection with the website, to the party or parties involved in the transaction as part of that transaction.
CONTACT US
You have a right to access information held about you, which can be exercised in accordance with various legal requirements. Any access request must be in writing, sent to our compliance team, at privacy@luminessair.com. If at any time you would like to change your personal data, or if you no longer wish to receive materials from us or would like your personal information removed from our database, please contact us at privacy@luminessair.com. In some instances, we may not be able to correct or delete information shared with third parties. Pursuant to applicable law, we may be entitled to refuse to act on the request.
Alternatively, if you receive materials from us by email you can make use of the "unsubscribe" provision in our communications so that we know that you no longer wish to receive any materials from us.
If you have questions about our Privacy Policy or other questions, please contact us at:
