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TERMS AND CONDITIONS OF SALE
THE CUSTOMER AGREES TO BE BOUND BY THIS SALE
AGREEMENT AND ACCEPTS ITS TERMS AND CONDITIONS.
Return Policy Exchange or store credit for defective
items; customer must first contact Luminence before returning any
products. For exchange, we will typically send the replacement
item to you, along with a postaged envelope for you to return the
defective item. Exchanges will only be given for items returned
within 7 days from the date of shipment arrival. Any
items returned to Luminence without first contacting us will not be
credited or exchanged and may be returned to the
customer.
Important Information About This Legal
Contract This Sale Agreement is a legal contract
between the Customer and Luminence LLC. The Customer accepts this Sale
Agreement by making a purchase, placing an order, or otherwise shopping on
the Site. (References to "you" or "your" shall relate to the Customer;
references to "Luminence LLC" shall relate to Luminence LLC and its
affiliates.) The terms and conditions of this Sale Agreement are subject
to change without prior notice, except that the terms and conditions
posted on the Site at the time the Customer initially places or modifies
an order will govern the order in question. This Sale Agreement
constitutes the entire agreement between the Customer and Luminence LLC
relating to the purchase or sale of goods or services on the Site. The
Sale Agreement may only be modified or terminated with regard to goods or
services that have been purchased or sold on the Site in a writing signed
by Luminence LLC. Electronic records (including signatures), that are
otherwise valid, shall be accepted under the Sale Agreement. The Customer
consents to receiving electronic records, which may be provided via a web
browser or e-mail application connected to the Internet; consumers may
withdraw consent to receiving electronic records or have the record
provided in non-electronic form by contacting Luminence LLC at the address
provided below. In the event of any conflict between the terms and
conditions stated on your purchase order and this Sale Agreement or any
terms and conditions on our invoice, you agree that the provisions of this
Sale Agreement and our invoice shall control.
Governing Law THIS AGREEMENT AND ANY SALES HEREUNDER
SHALL BE GOVERNED BY THE LAWS OF THE STATE OF CALIFORNIA, WITHOUT REGARD
TO CONFLICTS OF LAWS RULES. THE CUSTOMER CONSENTS TO THE JURISDICTION OF
THE FEDERAL OR STATE COURTS LOCATED IN SAN DIEGO COUNTY, CA FOR PURPOSES
OF ANY SUIT, ACTION OR PROCEEDING ARISING OUT OF THIS SALE
AGREEMENT.
Title; Risk of Loss Title to goods herein being purchased is
retained by the seller until goods are paid for by the purchaser and at
that time title passes to the purchaser. Loss or damage that occurs during
shipping by a carrier selected by Luminence LLC is Luminence LLC's
responsibility. Loss or damage that occurs during shipping by a carrier
selected by Customer is Customer's responsibility.
Export Sales If goods herein being purchased are being
purchased for purposes of export, the Customer must obtain from the
federal government certain export documentation before shipping to a
foreign country. In addition, manufacturers' warranties for exported goods
may vary or even be null and void for goods exported outside the United
States. The Customer should inquire further regarding any questions. Any
and all liability is only for the products purchased.
General Legal Disclaimer Luminence LLC HEREBY EXPRESSLY DISCLAIMS
ALL WARRANTIES EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION,
ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS
DISCLAIMER BY Luminence LLC IN NO WAY AFFECTS THE TERMS OF THE
MANUFACTURER'S WARRANTY, IF ANY.
Pricing and Information
Disclaimer All pricing subject to change. For all
prices, products and offers, Luminence LLC reserves the right to make
adjustments due to changing market conditions, product discontinuation,
manufacturer price changes, errors in advertisements and other extenuating
circumstances. High volume bids are welcome! While Luminence LLC uses
reasonable efforts to include accurate and up-to-date information on the
Site, Luminence LLC makes no warranties or representations as to the
Site's accuracy. Luminence LLC assumes no liability or responsibility for
any errors or omissions in the content on the Site.
Limitation of Liability LUMINENCE LLC WILL NOT BE LIABLE FOR LOST
PROFITS, LOSS OF BUSINESS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR
PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR
FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN.
LUMINENCE LLC WILL NOT BE LIABLE FOR PRODUCTS OR SERVICES NOT BEING
AVAILABLE FOR USE OR FOR LOST OR CORRUPTED DATA OR SOFTWARE. CUSTOMER
AGREES THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCTS OR
SERVICES, LUMINENCE LLC IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF
DAMAGES ABOVE THE AGGREGATE DOLLAR AMOUNT PAID BY CUSTOMER FOR THE
PURCHASE(S) UNDER THIS AGREEMENT.
Arbitration ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER
IN CONTRACT, TORT, OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE,
AND INCLUDING STATUTORY, COMMON LAW, INTENTIONAL TORT AND EQUITABLE
CLAIMS) arising from or relating to this Sale Agreement, its
interpretation, or the breach, termination or validity thereof, the
relationships which result from this Sale Agreement (including, to the
full extent permitted by applicable law, relationships with third parties
who are not signatories to this Sale Agreement), Luminence LLC's
advertising, or any related purchase SHALL BE RESOLVED EXCLUSIVELY AND
FINALLY BY BINDING ARBITRATION ADMINISTERED BY THE NATIONAL ARBITRATION
FORUM (NAF) under the Code of Procedure of ARBITRATION-FORUM.COM (the
"Code") in effect at the time the claim is filed. The Code is available at
http://www.arbitration-forum.com or can be obtained by calling
1-800-753-9448. Notwithstanding any choice of law provision included in
this Sale Agreement, this arbitration agreement is subject to the Federal
Arbitration Act (9 U.S.C. §§ 1-16) and the New York Convention on the
Enforcement of Arbitration Awards (9 U.S.C. §§ 201-208 or as codified in
the jurisdiction where enforcement of the award is sought). Hearings shall
be held as provided by the Code and if any In-person Hearing is required,
it shall be held in San Diego, CA. Judgment on the award rendered by the
arbitrator(s) may be entered by any court having jurisdiction. Each party
shall bear its own cost of any legal representation, discovery, or
research required to complete arbitration.
Orders; Payment Terms; Interest; Taxes;
International Duties Orders are not binding upon Luminence LLC
until accepted by Luminence LLC. Terms of payment are within Luminence
LLC's sole discretion. Invoices are due and payable within the time period
noted on the invoice, measured from the date of the invoice. Luminence LLC
may invoice parts of an order separately. Customer agrees to pay interest
on all past-due sums at the highest rate allowed by law. The Customer is
responsible for sales and all other taxes, including International Custom
Duties associated with orders.
Stolen, Damaged, and Lost
Packages Luminence LLC is not responsible for
packages that are lost, stolen or damaged when shipped via
International First Class Mail or International Priority Mail
(not insured). Insurance is included on all International
Express Mail packages. Lost or damaged packages that are insured will be
refunded once the shipping carrier's investigation is complete (may take
up to 60 business days to investigate).Shipping costs are not refundable
for lost or damaged packages that are insured.
TERMS AND CONDITIONS OF USE
BY VISITING, BROWSING, SHOPPING, ACCESSING OR
OTHERWISE USING THIS WEB SITE (THE "SITE") OPERATED BY Luminence LLC YOU
AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
Important
Information About This Legal Contract You agree to this User Agreement, and all
of its terms and conditions, by visiting, browsing, shopping, accessing or
otherwise using the Site. These terms and conditions are subject to change
without prior notice at any time, in Luminence LLC's sole discretion. By
visiting, browsing, shopping, accessing or otherwise using the Site after
a change has been posted to the Site, the Customer accepts that change.
Customers should check this User Agreement and the Privacy Pledge
frequently
Acceptance of Contract Terms This User Agreement, and all of its terms
and conditions, constitute a legal contract between you and Luminence LLC
(References to "you" or "your" shall relate to a customer of Luminence LLC
or other party that visits, browses, shops, accesses or otherwise uses the
Site (the "Customer"); references to "Luminence LLC" shall relate to
Luminence LLC and its affiliates.) By visiting, browsing, shopping,
accessing or otherwise using this site ("Site"), you acknowledge that you
have read, understood, and agree to be bound by this User Agreement and
comply with all applicable laws and regulations, including U.S. export and
re-export control laws and regulations. If you do not agree to this User
Agreement, as it may be changed by Luminence LLC from time to time, do not
use this Site. The material provided on this Site is protected by law,
including, but not limited to, United States copyright law and
international treaties. This Site is controlled and operated by Luminence
LLC from its offices within the United States. Luminence LLC makes no
representation that materials in the Site are appropriate or available for
use in other locations, and access to them from territories where their
contents are illegal is not authorized. Those who choose to access this
Site from other locations do so on their own initiative and are
responsible for compliance with applicable local laws. Any claim
relating to, and the use of, this Site and the materials contained herein
is governed by the laws of the state of CA without regard to conflict of
law rules. You consent to jurisdiction of the federal and state courts
located in San Diego County, CA to hear any such claims.
Access, Interference and Linking Luminence LLC grants you a limited license
to access and make personal use of the Site and not to download (other
than page caching) or modify it, or any portion of it, except as provided
below under "Use Restrictions," or with express written consent of
Luminence LLC. The following activity on the Site is expressly
prohibited: Any non-personal or commercial use of any robot, spider, other
automatic device, or manual process to monitor or copy portions of the
Site or the content contained herein without prior written permission by
Luminence LLC; collection or use of any product listings, descriptions, or
prices, from the Site for the benefit of another merchant that supplies
products competitive with or comparable to those offered on the Site; and,
Any use of, visits to, or other action that imposes an unreasonable or
disproportionately large load on the Site, or otherwise interferes with
its proper and timely functioning. Any unauthorized use terminates the
license granted by Luminence LLC. You are granted a limited, revocable,
and nonexclusive right to create a hyperlink to the home page of the Site
so long as the link does not portray Luminence LLC, its affiliates, or
their products or services in a false, misleading, derogatory, or
otherwise offensive matter. You may not use any Luminence LLC logo or
other proprietary graphic or trademark as part of the link without express
written permission. Luminence LLC does not review or control
third-party sites that link to or from the Site, and is not responsible
for the contents of any third-party sites linked to or from the
Site.
Use Restrictions The copyright in all material provided on
this Site is held by Luminence LLC or by the original creator of the
material. Except as stated herein, none of the material may be copied,
reproduced, distributed, republished, downloaded, displayed, posted or
transmitted in any form or by any means, including, but not limited to,
electronic, mechanical, photocopying, recording, or otherwise, without the
prior written permission of Luminence LLC or the copyright owner.
Permission is granted to display, copy, distribute and download the
materials on this Site for personal, non-commercial use only, provided you
do not modify the materials and that you retain all copyright and other
proprietary notices contained in the materials. This permission terminates
automatically if you breach any of these terms or conditions. Upon
termination, you must immediately destroy any downloaded or printed
materials. You also may not, without Luminence LLC 's prior written
permission, "mirror" any material contained on this Site on any other
server. Any unauthorized use of any material contained on this Site may
violate copyright laws, trademark laws, the laws of privacy and publicity,
and communications regulations and statutes. All trademarks and
registered trademarks are the sole property of their respective owners.
Luminence LLC, Glowbys and Crystal Tresses are trademarks of Luminence LLC
Copyright © 2004 Luminence LLC.
Limitiation of Liability UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT
LIMITED TO, NEGLIGENCE, SHALL Luminence LLC BE LIABLE FOR ANY DIRECT,
INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT
LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE, OR THE
INABILITY TO USE, THE MATERIALS ON THIS SITE, EVEN IF Luminence LLC OR A
Luminence LLC AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF MATERIALS FROM THIS SITE
RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR
DATA, YOU ASSUME ANY COSTS THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION
OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE
LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Privacy Please review our Privacy Notice, which
also governs your visit to this Site. You are responsible for
maintaining the confidentiality of your account and password and for
restricting access to your computer, and you agree to accept
responsibility for all activities that occur under your account or
password. If you are under 18, you may use the Site only with a parent or
guardian. Luminence LLC reserves the right to refuse service, terminate
accounts, remove or edit content, or cancel orders in its sole
discretion.
Communications to Luminence LLC Any communication or material you transmit
to the Site by electronic mail or otherwise, including any data,
questions, comments, suggestions, or the like is, and will be treated as,
non-confidential and non-proprietary. Anything you transmit or post may be
used by Luminence LLC for any purpose, including but not limited to
reproduction, disclosure, transmission, publication, broadcast, and
posting. Furthermore, Luminence LLC is free to use any ideas, concepts,
know-how, or techniques contained in any communication you send to
Luminence LLC or the Site for any purpose whatsoever, including but not
limited to developing, manufacturing and marketing products using such
information.
Disagreement with These Terms and
Conditions If you disagree with any of the terms and
conditions of this User Agreement, please do not visit, browse, shop,
access or otherwise use this Site.
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