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.
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.
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.
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.
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
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All items must be returned in their original that were shipped with your original order.
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SETZ assumes no responsibility for merchandise damaged by carrier transporting and delivering returned merchandise
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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.
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RETURN PERIOD - Our 30-day return policy starts from the day your product is delivered.
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Returns must be received at our facility within 10 days of when the Return Request is made to our Customer Care Team.
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You will be responsible for paying all return shipping to deliver product to our facility
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Applicable refunds on authorized returned product will be issued back to original payment method used at the time of purchase and processed within 30 days of receiving the return.
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:
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a. Your order number, your complete name, address, phone number and email address along with original packing slip.
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b. Please have Order 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.
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.
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.
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.
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.
- By accepting Terms & Conditions, you accept to be opted-in to receive cellular text alerts concerning order, account updates or future offers / deals from SETZ.
- 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: Setz Care at 1-800-359-9909 or help@setzbeauty.com. 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 Setz shall have 45 days from your reply to STOP any of the short codes that you receive messages on from Setz to allow Setz to update its records and facilitate the termination of any such future messages. Any messages you may receive from Setz 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 SETZ 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.
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.
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.
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.
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.