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 LP [SETZ] WEBSITEThis product website (the "Website") is owned and operated by Luminess LP [SETZ] and its affiliates (collectively "Luminess LP", “SETZ", 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 SETZ. This Agreement governs your access to and use of any SETZ Website, any order you place through a SETZ 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 SETZ PRODUCTS.
THIS AGREEMENT INCLUDES A MANDATORY ARBITRATION CLAUSE, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY CLAIM TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEEDING IN COURT. IF YOU WANT TO OPT-OUT OF THIS MANDATORY ARBITRATION AGREEMENT SEE BELOW DESCRIBES THE PROCEDURES YOU MUST FOLLOW TO DO SO. THE ARBITRATION AGREEMENT ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY CLAIM INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION.
ELIGIBILITY
In order to use the Website, you must be (a) 18 years or older and have the power to enter into a binding contract with us and not be barred from doing so under any applicable laws; or (b) 13 years or older and have your parent or guardian's consent to the Agreement. The Website is not intended for children under the age of 13 and no person under the age of 13 may use the Website. If you use the Website, you are affirming that you are at least 13 years old.
PROTECTION OF INTELLECTUAL PROPERTY RIGHTS AND LICENSE
You acknowledge that content available through the Website, including, without limitation, content in the form of text, graphics, software, music, sound, photographs, and videos, and content provided by suppliers, sponsors, or third-party advertisers ("Intellectual Property Rights"), is protected by copyright, trademarks, patents, or other proprietary rights and laws. You are hereby granted a non-exclusive, non-transferable, revocable, limited license to view, copy and print content retrieved from the Website for the sole purpose of using or placing an order via the Website, provided that you do not remove or obscure the copyright notice or other notices displayed on the content. Except as expressly provided in this Agreement, nothing contained in this Agreement or on the Website shall be construed as conferring any other license or right, expressly, by implication, by estoppel, or otherwise under any of Luminess LP [SETZ] or a third party's Intellectual Property Rights. Any rights not expressly granted herein are reserved.
GLOBAL STORE RETURN POLICY:
If you’re not completely satisfied with your SETZ purchase, please return the product back to the actual storefront in which it was purchased for a full refund or exchange.
SETZbeauty.com RETURN POLICY:
For items bought on-line from SETZbeauty.com, we will gladly refund or exchange product(s) within 30 days of receipt of delivery, provided the item is in new or like-new condition and in the original packaging. Please contact SETZ Beauty at 1-800-359-9909 with your request and one of our Customer Care Representatives will gladly assist you. A package must be received in our return processing facility within the 30 day period which began on the date the product was delivered. Packages received after 30 days of receipt of delivery may be refused and returned to sender at sender's expense. Refunds are issued after product is received and inspected. Refunds are not issued at time of return request.
DO NOT RETURN PRODUCT without contacting Customer Care at 1-800-359-9909 from Monday to Friday during business hours of 8.30 AM to 5.30 PM Central time.
IMPORTANT-  ADDITIONAL RETURN TERMS AND CONDITIONS
Send all returns via a shipping method that can be tracked with a proof of delivery or confirmed (UPS/ FedEx / USPS Priority mail), insurance is recommended, send to:
SETZ RETURNS
12802 Capricorn Stafford, Texas 77477
Along with your return please be sure to include the following:
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. SETZ 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 SETZ STRIVES TO KEEP THE INFORMATION ON THE WEBSITE ACCURATE, COMPLETE, AND UP-TO-DATE, SETZ 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, SETZ 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. SETZ 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. SETZ 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 SETZ OR THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
MANDATORY ARBITRATION CLAUSE
All actions, disputes, claims and controversies of any type or nature whatsoever, whether arising before or after the date of this Agreement, and whether directly or indirectly relating to: (a) this Agreement and/or any amendments and addenda hereto, or the breach, invalidity or termination hereof; (b) any previous or subsequent agreement between the parties; and/or (c) any other relationship, transaction or dealing between the parties (collectively the "Disputes"), will be subject to and resolved by binding arbitration pursuant to the Rules of AAA. SETZ will pay all fees for Arbitration cost unless deemed frivolous or brought for an improper purpose by AAA. The AAA Rules are available online at adr.org You agree that, by entering into this agreement, you and SETZ 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 SETZ PRODUCT (WHICHEVER COMES FIRST) BY WRITING TO LUMINESS LP, 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 SETZ PRODUCT YOU PURCHASED, USED OR ATTEMPTED TO USE WITHIN THE 30 DAYS AND THE DATE YOU FIRST PURCHASED, USED OR ATTEMPTED TO USE OF SETZ PRODUCTS. UNTIMELY OPT-OUTS WILL NOT BE VALID AND YOU MUST THEN PURSUE YOUR CLAIM THROUGH ARBITRATION PURSUANT TO THESE TERMS.
GENERAL CONTACT
By accepting Terms & Conditions, you agree to receive any future communications from SETZ for any reason whatsoever via email, phone (regardless of what type) and/or mail until you request otherwise in writing via certified mail and SETZ receives your request. You agree that SETZ 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 SETZ during the 45 day time period from SETZ’s 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 SETZ under any circumstances whatsoever, regardless when made, shall not be a breach of this Agreement.
TEXT MESSAGING OPT-IN
LIMITATION ON SETZ LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES WILL SETZ, 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 SETZ, 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 SETZ that is not owned by you, in contravention of this Agreement; and/or (iv) your breach of this Agreement.
MODIFICATIONS TO THE AGREEMENT
SETZ 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.
OTHER IMPORTANT TERMS
SETZ 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 SETZ. No delay by SETZ 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 SETZ’s ability to subsequently exercise that right or remedy. Any waiver must be agreed to by SETZ 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.