Account Terms of Use and Conditions of Purchase
PLEASE CAREFULLY READ THESE TERMS OF USE AND CONDITIONS OF SALE BEFORE PLACING AN ORDER ONLINE OR OVER THE TELEPHONE, OR OTHERWISE USING THIS WEBSITE OR ANY OTHER LUMINESS DIRECT WEBSITE. This product website (the "Website") is owned and operated by Luminess Direct LLC and its affiliates (collectively "Luminess Direct", "us", "we" or "our"). These Terms of Use and Conditions of Purchase and any amendments or supplements to it, together with our Privacy Policy (collectively, the "Agreement") form a legally binding agreement between you and Luminess Direct. This Agreement governs your access to and use of any Luminess Direct Website, any order you place through a Luminess Direct website or by telephone, and, as applicable, your use or attempted use of our products and services (collectively, "Your Use").
Your use of the Website shall be deemed to constitute your consent to be bound by this Agreement and shall be enforceable in the same way as if you had signed this Agreement. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, PLEASE DO NOT USE THE WEBSITE, DO NOT ORDER, AND DO NOT USE A LUMINESS DIRECT PRODUCT.
THIS AGREEMENT INCLUDES A MANDATORY ARBITRATION AGREEMENT, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY CLAIM (DEFINED IN SECTION “AGREEMENT TO RESOLVE DISPUTES BY ARBITRATION”) TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEEDING IN COURT. IF YOU WANT TO OPT-OUT OF THIS MANDATORY ARBITRATION AGREEMENT, SECTION “AGREEMENT TO RESOLVE DISPUTES BY ARBITRATION” BELOW DESCRIBES THE PROCEDURES YOU MUST FOLLOW TO DO SO. THE ARBITRATION AGREEMENT REQUIRES INDIVIDUAL ARBITRATION INSTEAD OF JURY TRIALS AND CLASS ACTIONS.
ELIGIBILITY
In order to use the Website, you must be (a) 18 years or older and have the power to enter into a binding contract with us and not be barred from doing so under any applicable laws; or (b) 13 years or older and have your parent or guardian's consent to the Agreement. The Website is not intended for children under the age of 13 and no person under the age of 13 may use the Website. If you use the Website, you are affirming that you are at least 13 years old.
PROTECTION OF INTELLECTUAL PROPERTY RIGHTS AND LICENSE
You acknowledge that content available through the Website, including, without limitation, content in the form of text, graphics, software, music, sound, photographs, and videos, and content provided by suppliers, sponsors, or third-party advertisers ("Intellectual Property Rights"), is protected by copyright, trademarks, patents, or other proprietary rights and laws. You are hereby granted a non-exclusive, non-transferable, revocable, limited license to view, copy and print content retrieved from the Website for the sole purpose of using or placing an order via the Website, provided that you do not remove or obscure the copyright notice or other notices displayed on the content. Except as expressly provided in this Agreement, nothing contained in this Agreement or on the Website shall be construed as conferring any other license or right, expressly, by implication, by estoppel, or otherwise under any of Luminess Direct's or a third party's Intellectual Property Rights. Any rights not expressly granted herein are reserved.
RETURN POLICY and 30 DAY MONEY BACK GUARANTEE POLICY
We will gladly accept any return within the 30 day trial period, provided the item is in new or like-new condition (excludes discounted and promotional items, see Important- Additional Return Terms and Conditions below). The 30 Day money back guarantee applies to purchase price and excludes money paid for 30 day trial (rent to try) cost and paid s/h. You will need to contact the Luminess Customer Care at 1-888-793-7474 and request a Return Authorization number (RA#) . Mark this number on the package when returning. ALL RETURNS ARE VERIFIED FOR RA#. Any package missing a RA# will be refused and returned to sender at sender's expense. A package must be received in our return processing facility within the 30 day trial period which began on the date the product was delivered or within ten business days after RA# was issued, which ever is later. Packages containing expired RA#s may be refused and returned to sender at sender's expense. Return packages must be post marked within five (5) business days of the RA# issue date. Merchandise received seven (7) days past RA expiration date will be subjected to a 25% re-stocking fee of full purchase price. RETURNS RECEIVED 14 DAYS AFTER THE RA# ISSUE DATE WILL BE REFUSED AND RETURNED AT SENDER'S EXPENSE WITHOUT ANY REFUND. Refunds are issued after product is received and inspected. Refunds are not issued at time of issuance of return authorization.
Customers on the Trial Pay Offer will not be billed additional monthly installment(s) as long as the goods are received before the next applicable installment payment. If you are charged any additional monthly payments and merchandise is returned within the 15 days after the issuance of return authorization date, you will be refunded any additional payments. DO NOT RETURN PRODUCT WITHOUT A RETURN AUTHORIZATION NUMBER. This number can be obtained by contacting our Customer Service Team at 1-888-793-7474 from Monday to Friday during business hours of 8.30 AM to 5.30 PM Central time.
IMPORTANT-  ADDITIONAL RETURN TERMS AND CONDITIONS
  • All items must be returned in their original packaging along with all accessories, parts, and instructions manuals/dvd(s) that were shipped with your original order.
  • Returns received without original packaging will be charged up to a $25 restocking fee per unit
  • Luminess Air assumes no responsibility for merchandise damaged by carrier transporting and delivering returned merchandise
  • Returns received with damaged merchandise may be denied refund and customer may be held responsible to pay full value of product if balance exists on account for merchandise.
  • Returns with missing parts will be charged a flat $25 incomplete return fee per unit
  • RETURN PERIOD- Our 30-day return policy starts from the day your product is received and expires 35 days from the date we actually ship product to you initially.
  • A Return Authorization number must be obtained in the 30 day return period as mentioned above.
  • Returns must be received at our facility in 10 days of when the Return Authorization number is generated and given to you by phone.
  • The initial trial shipping, handling and processing costs is non-refundable.
  • You will be responsible for paying all return shipping to deliver product to our facility
  • Makeup and Tanning solution are non-returnable. We do not accept returns of cosmetics unless product other than what was ordered is delivered. Sales of cosmetics are final.
  • Allow up to 8 weeks for return to appear on your credit card statement. (If you do not see your return amount appear on your statement after up to 8 weeks, contact us (1-877-749-5777) immediately before calling your credit card company).
  • All sales final on all Beauty, Black Friday, Cyber Monday, New Year, Valentine's & Holiday Sale specials. Limit one per person.
  • All sales final on TODAY show specials and offers. Limit one per person. Changes will only be accepted 7 days after receiving your products.
  • All Sales final on promotional and discounted items
Send all returns via a shipping method that can be tracked with a proof of delivery or confirmed (UPS/ FedEx / USPS Priority mail), insurance is recommended, send to:
LUMINESS AIR RETURNS RA#_____________
12802 Capricorn Stafford, Texas 77477
Along with your return please be sure to include the following:
  • 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.
MULTI-PAYMENT/ INSTALLMENT TERMS
Customers opting to pay with our multi-payment method will be billed in the following manner: All 30 day 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 s/h fees. Customer will be automatically billed first installment after 30 days from ship date and then subsequent installments in approximately 30 day increments until full balance is paid-off in full. The security deposit will be applied towards 1 agreed upon installment. Number of installments and installment amount will depend on agreed offer and acceptance of additional accessories and or continuity programs if applicable. Each agreed upon installment will be assessed a $4.95 processing fee. If any scheduled payment is missed or declined, the customer will additionally be responsible for a late payment charge of $ 20.00, and all collection fees, including without limitation, attorneys fees that may result.
DISCLAIMER REGARDING INFORMATION PROVIDED ON THE WEBSITE
THE INFORMATION (INCLUDING, WITHOUT LIMITATION, ADVICE AND RECOMMENDATIONS) ON THE WEBSITE IS NOT INTENDED AS MEDICAL OR HEALTHCARE ADVICE, OR TO BE USED FOR MEDICAL DIAGNOSIS OR TREATMENT, FOR ANY INDIVIDUAL PROBLEM. IT IS ALSO NOT INTENDED AS A SUBSTITUTE FOR PROFESSIONAL ADVICE AND SERVICES FROM A QUALIFIED HEALTHCARE PROVIDER FAMILIAR WITH YOUR UNIQUE FACTS. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER REGARDING ANY MEDICAL CONDITION BEFORE STARTING ANY NEW TREATMENT. YOUR USE OF THE WEBSITE IS SUBJECT TO THE ADDITIONAL DISCLAIMERS AND CAVEATS THAT MAY APPEAR THROUGHOUT THE WEBSITE. LUMINESS DIRECT AND ITS AGENTS ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE INFORMATION, SERVICES, OR OTHER MATERIAL ON THE WEBSITE. WHILE LUMINESS DIRECT STRIVES TO KEEP THE INFORMATION ON THE WEBSITE ACCURATE, COMPLETE, AND UP-TO-DATE, LUMINESS DIRECT CANNOT GUARANTEE, AND WILL NOT BE RESPONSIBLE FOR, ANY DAMAGE OR LOSS RELATED TO THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE INFORMATION ON THE WEBSITE.
DISCLAIMER OF WARRANTIES WITH RESPECT TO USE OF THE WEBSITE
THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, LUMINESS DIRECT EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. LUMINESS DIRECT DOES NOT MAKE ANY WARRANTY THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS, OR THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. LUMINESS DIRECT MAKES NO WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR AS TO THE ACCURACY, QUALITY, OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE WEBSITE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS USED AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM LUMINESS DIRECT OR THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
AGREEMENT TO RESOLVE DISPUTES BY ARBITRATION
You agree that any controversy excluded from the dispute resolution procedure and class action waiver provisions in this Agreement (other than an individual action filed in small claims court) shall be filed only in the Superior Court of Los Angeles County, California, or the United States District Court for the Central District of California, and each party hereby irrevocably and unconditionally consents and submits to the exclusive jurisdiction of such courts for any such controversy.

Generally. Arbitration is a method of resolving a Claim without filing a lawsuit. “Claim” means any dispute between you, Company, and/or any involved third party relating to your account, Your Use (defined here), your relationship with Company, 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 products, your attempted use of the products, and any act or omission by Company 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, Company, or any involved third party may pursue a Claim. Company agrees to binding arbitration should it have any Claims against you. Likewise, you agree to binding arbitration should you have any Claims against Company. 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 Company both retain the right to pursue, in a small claims court, any claim that is within that court’s jurisdiction and proceeds on an individual (non-class) basis. Company will not demand arbitration in connection with any individual claim that you properly file and pursue in a small claims court, so long as the claim is pending only in that court. This arbitration agreement also does not apply to disputes concerning trade secret misappropriation, patent infringement, copyright infringement or misuse, or trademark infringement or dilution.

Waiver of Class and Representative Procedures. The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. YOU AND COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITIES AND NOT AS PLAINTIFFS OR CLASS MEMBERS IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING OR IN THE CAPACITY OF A PRIVATE ATTORNEY GENERAL. Further, unless both you and Company agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award any relief that a court could award that is individualized to the claimant and would not affect other customers. Neither you nor we may seek non-individualized relief that would affect other customers. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.

Mandatory Pre-Dispute Procedures. You acknowledge and agree that before initiating any Claim (subject to the exceptions above) against Company, you will first give us an opportunity to resolve your problem or dispute. This includes sending a written description of your problem or dispute to us, including, but not limited to, information or representations related to our products and upon which you rely. You may send the written description by U.S. Mail to The Luminess Direct Company LLC, 12802 Capricorn St, Stafford, TX 77477; Attn: General Counsel. You agree to negotiate with Company in good faith about your problem or dispute. If for some reason your problem or dispute is not resolved to your satisfaction within 60 days after Company’s receipt of your written dispute, you may commence arbitration in accordance with this agreement.

Commencement of Arbitration. You and Company agree to commence any arbitration proceeding within 1 year after the Claim arises (including the mandatory pre-dispute procedures outlined above) and that, to the fullest extent permissible by applicable law, any proceeding commenced after 1 year shall be barred.

Arbitration Location. For your convenience, the arbitration may be conducted in a location within the federal district where you reside. It may be held by telephone or through written submissions if both you and Company agree.

Sponsoring Organization, Rules and the Arbitrator. You agree that any Claims shall be resolved by submitting the dispute to final and binding confidential arbitration before a single arbitrator who is a retired judge, experienced attorney with experience in the subject(s) of the Claim or a neutral third-party mediator at the Better Business Bureau (BBB) who is qualified to perform mediation services in the State of Texas. The arbitrator shall be chosen from the Better Business Bureau(BBB) and/or American Arbitration Association (AAA) Commercial Rules and the arbitration rules of the selected tribunal shall apply, which can be obtained by calling the selected tribunal.

All issues are for the arbitrator to decide, except that issues relating to the scope, enforceability, and interpretation of the arbitration provision and the scope, enforceability, and interpretation of the paragraph addressing the waiver of class and representative procedures are for the court to decide.

Arbitration Fees. Company shall pay for all filing, administrative, and arbitrator fees for an arbitration initiated by either party. Unless applicable law provides otherwise, the parties shall each pay their own additional fees, costs, and expenses, including, but not limited to, those for any attorneys, experts, documents, and witnesses.

Arbitration Award. The arbitrator may award costs or fees to a prevailing party, but only if applicable law allows it. Although Company may have a right to an award of attorneys’ fees and expenses under some laws if it prevails, Company agrees that it will not seek such an award, unless your Claims are determined by the arbitrator to be frivolous. Any award rendered shall include a written opinion and shall be final, subject to limited appeal rights under the FAA.

Survival and Severability. This provision survives termination of your account or relationship with Company, bankruptcy, assignment or transfer. Except as provided otherwise in the "waiver of class and representative procedures" provision, if a portion of this arbitration provision is deemed unenforceable, the remaining portions of this arbitration provision shall remain in full force and effect.

Miscellaneous. Failure or any delay in enforcing this arbitration provision in connection with any particular Claims will not constitute a waiver of any rights to require arbitration at a later time or in connection with any other Claims. This provision is the entire arbitration agreement between you and Company and shall not be modified except in writing by Company.

Amendments. Company reserves the right to amend this arbitration provision at any time. Your continued use of the Company Website, purchase of a Company product, or use or attempted use of a Company product, is affirmation of your consent to such changes. Should the changes to this arbitration provision be material, Company will provide you notice and an opportunity to opt-out. Your continued use of any Company Website, purchase of a Company product, or use or attempted use of a Company product, is affirmation of your consent to such material changes.

YOU HAVE THE RIGHT TO OPT-OUT OF THIS ARBITRATION PROVISION WITHIN 30 DAYS FROM THE DATE OF PURCHASE, USE, OR ATTEMPTED USE OF A COMPANY PRODUCT (WHICHEVER COMES FIRST) BY WRITING TO LUMINESS DIRECT LLC, 12802 CAPRICORN ST., STAFFORD, TEXAS 77477; ATTN: GENERAL COUNSEL. FOR YOUR OPT-OUT TO BE EFFECTIVE, YOU MUST SUBMIT A SIGNED WRITTEN NOTICE IDENTIFYING ANY COMPANY PRODUCT YOU PURCHASED, USED OR ATTEMPTED TO USE WITHIN THE 30 DAYS AND THE DATE YOU FIRST PURCHASED, USED OR ATTEMPTED TO USE OF COMPANY PRODUCTS. UNTIMELY OPT-OUTS WILL NOT BE VALID AND YOU MUST THEN PURSUE YOUR CLAIM THROUGH ARBITRATION PURSUANT TO THESE TERMS.

MANDATORY ARBITRATION CLAUSE
All actions, disputes, claims and controversies of any type or nature whatsoever, whether arising before or after the date of this Agreement, and whether directly or indirectly relating to: (a) this Agreement and/or any amendments and addenda hereto, or the breach, invalidity or termination hereof; (b) any previous or subsequent agreement between the parties; and/or (c) any other relationship, transaction or dealing between the parties (collectively the "Disputes"), will be subject to participate in good faith in mediation or arbitration at the Better Business Bureau by a neutral third-party mediator qualified to perform mediation services in the State of Texas and/or resolved by binding arbitration pursuant to the Rules of AAA. Each side will be responsible for paying half of the fees for Arbitration cost unless deemed frivolous or brought for an improper purpose. In which case the party who brought the action shall pay all direct arbitration fees. Each of the parties shall be solely responsible for their attorney and professional fees and all other costs related to the mediation or arbitration. The AAA Rules are available online at adr.org You agree that, by entering into this agreement, you and Luminess Direct are each waving the right to a trial by jury or to participate in a class action. Any award or order rendered by the arbitrator may be confirmed as a judgment or order in any state or federal court of competent jurisdiction within the federal judicial district which includes the residence of the party against whom such award or order was entered.
YOU HAVE THE RIGHT TO OPT-OUT OF THIS ARBITRATION PROVISION WITHIN 30 DAYS FROM THE DATE OF PURCHASE, USE, OR ATTEMPTED USE OF A LUMINESS DIRECT PRODUCT ( WHICHEVER COMES FIRST) BY WRITING TO LUMINESS DIRECT LLC, 12802 CAPRICORN ST., STAFFORD, TX 77477 ; ATTN: GENERAL COUNSEL. FOR YOUR OPT-OUT TO BE EFFECTIVE, YOU MUST SUBMIT A SIGNED WRITTEN NOTICE IDENTIFYING ANY LUMINESS DIRECT PRODUCT YOU PURCHASED, USED OR ATTEMPTED TO USE WITHIN THE 30 DAYS AND THE DATE YOU FIRST PURCHASED, USED OR ATTEMPTED TO USE OF LUMINESS DIRECT PRODUCTS. UNTIMELY OPT-OUTS WILL NOT BE VALID AND YOU MUST THEN PURSUE YOUR CLAIM THROUGH ARBITRATION PURSUANT TO THESE TERMS.
LUMINESS AIR CLUB
The Luminess Air Club offers the convenience of having refills of your Luminess Air cosmetics delivered to your door steps in a timely and automatic manner.  You will receive your two shades ever so often as agreed, product will be delivered to your address.  All you pay is $39.95 + S/H/P per month or as agreed.  Delivery cycles can be changed at any time by contacting Luminess Care at 1-877-749-5777.
Exclusive Venue for Other Controversies
You agree that any controversy excluded from the dispute resolution procedure and class action waiver provisions in this Agreement (other than an individual action filed in small claims court) shall be filed only in the Superior Court of Los Angeles County, California, or the United States District Court for the Central District of California, and each party hereby irrevocably and unconditionally consents and submits to the exclusive jurisdiction of such courts for any such controversy.
Remedies for Company
In order to avoid irreparable injury to Company, in the event of any breach or threatened breach by you of the provisions of this Agreement, 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 Company from pursuing any other remedies available to it for such breach or threatened breach, including the recovery of monetary damages from you.
LUMINESS AIR SUBSCRIPTION
The Luminess Air SUBSCRIPTION offers the convenience of having refills of your Luminess Air cosmetics delivered to your door steps in a timely and subscribed manner. You will receive your two shades ever so often as agreed, product will be delivered to your address. All you pay is $39.95 + S/H/P per month or as agreed. Subscription delivery cycles can be changed at any time by contacting Luminess Care at 1-877-749-5777.
PURCHASING ITEMS FROM US
Product Representations. Company reserves the right, without prior notice, to discontinue or change specifications and prices on products without incurring any obligation to you. Company 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 Company 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. Company’s descriptions of, or references to, products not owned by Company do not imply endorsement of that product, or constitute a warranty by Company.

Pricing Errors and Omissions. Please be aware that prices, availability and other purchase terms are subject to change without prior notice. We make every effort to ensure the accuracy of the information on the Website and to correct errors once discovered. Company reserves the right to revoke any stated offer to correct any errors, inaccuracies, or omissions, including after an order has been submitted, after it has been confirmed, or after your credit card has been charged. If we discover an error has occurred after your credit card has been charged and your order is canceled as a result of the error, your credit card will be refunded the full amount of your order.

Order Placement and Acceptance. If you order a product, payment must be received by Company prior to Company’s acceptance of the order. Company may require additional information regarding your order if you have not provided all of the information required, and may cancel or limit an order any time after it has been placed.

Your order is expressly conditioned on acceptance of this Agreement. Once a properly completed order, your authorization and a form of payment has been received, we will promptly locate the item(s) you have ordered to place them in line for shipment. All items are subject to availability. We will promptly inform you if the product(s) you have ordered are not available and we may offer you alternative product(s) of equal quality and value.

Company does not accept orders from dealers, wholesalers, or customers who intend to resell items offered on the Website. If Company discovers that you are placing orders with the intent to resell items offered on the Website, we will immediately cancel your order, suspend or terminate your account, and pursue any and all available legal remedies from you under applicable law. To the extent your conduct may be fraudulent, such as purchasing products through the use of fake or stolen cards, Company reserves the right to report you to federal, state and/or local enforcements authorities.

Shipping and Risk of Loss. Company will add applicable shipping and handling fees to your order. Unless otherwise noted, Company will use commercially reasonable efforts to ship products within a reasonable time after receipt of your properly completed order. Although Company may provide delivery or shipment timeframes or dates, you understand that those are Company’s good-faith estimates and may be subject to change. You further understand that product availability may be limited and particular products may not be available for immediate delivery, in which case the products will be delivered when they become available. If your order will be delayed (either from the date specified at the time of order or, if no date was specified, beyond 30 days from the date of your order). Company will use reasonable good faith efforts to contact you. If Company cannot contact you or you no longer wish to receive the item, Company will cancel the order and promptly refund the amount tendered, and will do so within 7 business days if made using third-party credit card, such as a Visa or MasterCard. Company shall not be liable for any loss, damage, cost, or expense related to any delay in shipment or delivery. All items purchased from the Website are delivered to shipment carriers. The risk of loss and title for such items pass to you upon our delivery to the carrier. Company may reject orders where the stated delivery address is outside the United States.

Sales Tax. In the United States, Company is required to collect applicable state and local sales tax on orders shipped to certain states. Taxes apply to most merchandise, but some states exclude certain items, like food products. Some taxing authorities also require the taxable amount to include any shipping and handling charges, while others charge sales tax only on merchandise. Company is required to follow the rules of each state. Your final order total will include the appropriate state and local taxes.

Payment Information. In ordering products through the Website, by telephone, or otherwise, you agree to provide only true, accurate, current, and complete payment information. By placing an order, you represent and warrant that you will only provide payment information which is yours or for which you are authorized to provide. Company shall have the right to cancel your order or to suspend or terminate your account if we have grounds to believe that you have provided inaccurate, not current, fraudulent, or incomplete payment information to Company, or for any other reason that we, in our sole discretion, deem appropriate. You agree that your placement of an electronic order on the Website is sufficient to satisfy any applicable Statute of Frauds, and no further writing is required.

International Orders. Company does not directly sell certain Company products in any jurisdiction other than the United States of America, as these products may not be approved for sale in other jurisdictions. While Company may choose to accept orders for the purchase of its products from non-U.S. residents, the acceptance of such orders and the sale of such products will be subject to the following conditions:

(a) You agree that the purchase of any Company products by you, as a non-U.S. resident, shall be (i) ex works Company’s facilities in the United States per Incoterms 2010, with all title risk and loss in the products passing to you in the United States; and (ii) for your own personal use only and not for further resale or distribution in any manner;

(b) You agree not to order more than a ninety (90) day supply of any consumable products within any ninety (90) day period;

(c) You hereby expressly authorize and direct Company to load and ship the purchased products to your shipping address, and to contract on your behalf with a courier company for that purpose; and

(d) You are the principal importer of record and will undertake responsibility for all applicable taxes, shipping, customs clearance, duties and import requirements from Company’s facilities in the United States to your foreign shipping address.

Subscription Program Terms. If you are placing an order online or by telephone as part of our Subscription Program, your membership in the program will remain in effect until it is cancelled. We may, in our sole discretion, terminate your membership in the program at any time without notice to you.

IF YOU ARE A MEMBER OF OUR SUBSCRIPTION PROGRAM AND YOU HAVE PROVIDED US WITH A VALID CREDIT CARD NUMBER OR AN ALTERNATE PAYMENT METHOD, EACH PAYMENT WILL BE AUTOMATICALLY PROCESSED AT THE TIME OF EACH SUCCESSIVE SHIPMENT OF PRODUCT OR, IF ELECTED BY YOU AT THE TIME OF ENROLLMENT, IN MONTHLY INSTALLMENTS ON APPROXIMATELY THE SAME DATE EACH MONTH, AND WILL BE BILLED TO THE PAYMENT METHOD YOU PROVIDED TO US AT THE TIME OF YOUR INITIAL PURCHASE AND ENROLLMENT. IF YOU WISH TO CANCEL YOUR PARTICIPATION IN OUR SUBSCRIPTION PROGRAM, YOU MAY DO SO BY CALLING A CUSTOMER SERVICE REPRESENTATIVE AT THE TELEPHONE NUMBERS LISTED ON THE WEBSITE UNDER customer service or by calling 888-793-7474 FREE in the United States.

You are obligated to provide current, complete, and accurate information for your billing account. You are responsible for promptly updating all information to keep your billing account current, complete, and accurate (e.g., change in billing address, credit card number, or credit card expiration date). You must promptly notify us if your credit card information is cancelled or is no longer valid (e.g., loss or theft). Changes to such information can be made by calling a customer service representative at the telephone numbers listed on the Website under customer service or by calling 888-793-7474 FREE. If you are participating in our Subscription Program using a credit card and your credit card fails to process for a subsequent shipment, Company may convert your account to a pay-by-check plan. If your account has been converted to a pay-by-check plan, you will receive an invoice along with your shipment. Invoiced items not paid within 28 days of receipt will be considered past due and Company will send you communications to collect past due balances. If you fail to timely update your credit card information or fail to timely pay by check, your membership in our Subscription Program may be terminated and your account may be sent for collection.

ORDER DELIVERY TIME
All orders with regular shipping are shipped between 2 and 6 weeks* after receiving order (start order date). Start Order dates are calculated from the first weekday after order is called in or ordered via website. Orders with optional Rush shipping are shipped within 7- 10 business days. Consumers can expect an average of 2 to 10 days to receive delivery after order is shipped from our facility.
Contact us if you have not received your product within respective applicable delivery time. * These are estimated good faith dates and may vary in accordance with the volume of orders and volume of product being shipped. Regular shipping is 2-6 weeks. These regular shipping weeks may vary during "high volume days" such as holidays by up to two weeks earlier or two weeks later than estimated.
Customers will be responsible for all charges associated with shipping and handling on return postage and a minimum 25% re-stocking fee on full purchase price will be assessed to receive and reprocess your order. Refused packages will not automatically stop us from making additional installment payments if applicable.
Initial shipping and handling charges are not refundable. Refunds on authorized returned trial offer product will be processed within 30 days of receiving returns. Allow up to 8 weeks for return to appear on your credit card statement. (If you do not see your return amount appear on your statement after up to 8 weeks, contact us IMMEDIATELY (1-877-749-5777) immediately before calling your credit card company as this will expedite claims). Partial or no refunds may apply if product is received incomplete or returned after RA# allowable date. Customer who originally paid by Check by phone or by electronic check withdrawal will be issued a refund check within four (4) weeks of us receive and approving return. Customer must be able to provide P.O.D. (proof of delivery) that returned product was actually received by our returns facility in the circumstance that no refund is issued because we are unable to identify that return was ever received at our facility.
COLLECTION FEES AND GENERAL PAYMENT ITEMS
Customer is responsible for all collection and attorney fees in the event unpaid balance has to be collected by a third party collection service. Notify us immediately if your credit card information changes, especially if you are on a payment program with a future outstanding balance. Balance can be transferred or sold to third party factor or financial institution.
INTERNATIONAL ORDERS
A 30 day money back guarantee offer is available to USA and Canada customers only. All international sales are considered final and cannot be returned. Cancellation of packages which have already been shipped is not allowed. Refused packages will result in restocking fees and both sending and returning shipping/handling/ processing charges. International packages will be assessed international delivery fees and person in shipping information will be responsible for paying any applicable tariff/duty as we do not collect such charges before shipping product. All international orders are shipped within 3 business days of receiving the order and delivery may be delayed due to customs and local government laws for importing good are applicable. Rush delivery may be subject to availability.
GENERAL CONTACT
By accepting Terms & Conditions, you agree to receive any future communications from Luminess Air for any reason whatsoever via email, phone (regardless of what type) and/or mail until you request otherwise in writing via certified mail and Luminess receives your request. You agree that Luminess shall have 45 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 during the 45 day time period from Luminess’ receipt of your request shall not be a violation or any federal or state law. Notwithstanding anything herein to the contrary, any communications you may receive from Luminess under any circumstances whatsoever, regardless when made, shall not be a breach of this Agreement.
TEXT MESSAGING OPT-IN
  • By accepting Terms & Conditions, you accept to be opted-in to receive celllular text alerts concerning order, account updates or future offers / deals from Luminess.
  • All text messages sent to you are at standard rate. Other charges may apply. Message fees may apply, based on the type of text messaging program you have with your carrier; We shall not assess additional fees. A maximum of 3 messages will be sent each month.
  • HOW TO GET HELP: For more information you can reach us at: 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.
  • HOW TO OPT-OUT: : To opt-out of our mobile program, reply STOP to any of the short codes that you receive messages on from us and you shall be unsubscribed from our service. You shall receive a confirmation that you successfully unsubscribed but shall not receive any additional messages until you opt-in again. Notwithstanding this provision, you agree that Luminess shall have 45 days from your reply to STOP any of the short codes that you receive messages on from Luminess to allow Luminess to update its records and facilitate the termination of any such future messages. Any messages you may receive from Luminess within 45 days from your reply to STOP shall not be a violation of any federal or state law. Furthermore, any messages you may receive from Luminess under any circumstances whatsoever, regardless when made, shall not be a breach of this Agreement.
  • WARRANTY: We are not liable for any delays in the receipt of any SMS messages connected with this program. Delivery of SMS messages is subject to effective transmission from your wireless service provider or network operator.
  • 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 you 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.
LIMITATION ON LUMINESS DIRECT'S LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES WILL LUMINESS DIRECT, ITS SUPPLIERS, PARENTS, SUBSIDIARIES, REPRESENTATIVES, AFFILIATES OR AGENTS BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES. THIS INCLUDES WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES. THIS APPLIES REGARDLESS OF THE MANNER IN WHICH DAMAGES ARE CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHERWISE RESULTING FROM (1) THE USE OF, OR THE INABILITY TO USE, THE WEBSITE; (2) THE USE OF, OR THE INABILITY TO USE, ITEMS PURCHASED ON THE WEBSITE; OR (3) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR ITEMS.
INDEMNIFICATION
You agree to indemnify and hold harmless Luminess Direct, its directors, officers, employees, agents, co-branders, suppliers, subsidiaries, parents, and affiliates, from and against any and all liability, losses, claims, demands, disputes, damages, and costs of any kind, including, without limitation, reasonable attorneys' fees and costs of litigation resulting from or in any way connected with (i) your use of the Website; (ii) information you submit or transmit through the Website; (iii) privacy, tort or other claims (e.g., claims under the Federal Telephone Consumer Protection Act or its state law equivalent) relating to the provision of personal information (e.g., telephone number) to Luminess Direct that is not owned by you, in contravention of this Agreement; and/or (iv) your breach of this Agreement.
MODIFICATIONS TO THE AGREEMENT
Luminess Direct may make changes to these Terms of Use and Conditions of Purchase, from time to time, in its sole discretion, by updating this posting on the Website without notice to you. Your continued use of the Website following the posting of a new version of the Terms of Use and Conditions of Purchase constitutes your acceptance of any such changes. Accordingly, whenever you visit the Website, check to see if a new version has been posted.
VARIATION IN PRODUCT
Actual airbrush system shipped may vary from product shown in photograph as slight cosmetic variations may exist from lot to lot of production.
OTHER IMPORTANT TERMS
Luminess Direct may assign, transfer, or sub-contract any of our rights or obligations under these Terms of Use and Conditions of Purchase to any third party at our discretion. Any representations, warranties, and indemnification obligations made or undertaken by you will survive cancellation or termination of your account or relationship with Luminess Direct. No delay by Luminess Direct in exercising any right or remedy under these Terms of Use and Conditions of Purchase shall operate as a waiver of that right or remedy or shall affect Luminess Direct's ability to subsequently exercise that right or remedy. Any waiver must be agreed to by Luminess Direct in writing. These Terms of Use and Conditions of Purchase supersede any other terms previously published by us and any other representations or statements made by us to you, whether oral, written, or otherwise.