Terms of Service

Welcome to LumaLip Beauty. These Terms of Service ("Terms") constitute a legally binding agreement between you ("you," "your," or "Customer") and LumaLip Beauty ("we," "us," or "our") governing your access to and use of lumalipbeauty.com (the "Site"), including any purchases, services, content, or features offered through the Site.

By accessing or using the Site, placing an order, creating an account, or otherwise engaging with our services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated by reference. If you do not agree to these Terms, you must not use the Site.

These Terms apply to all users worldwide, including residents of the European Economic Area (EEA), the United Kingdom, and the State of California, and are drafted to comply with the EU Consumer Rights Directive (2011/83/EU), the UK Consumer Rights Act 2015, the California Consumer Legal Remedies Act (CLRA), the California Online Privacy Protection Act (CalOPPA), and all other applicable consumer protection regulations.

1. Eligibility

You must be at least 18 years of age (or the age of majority in your jurisdiction) to use this Site or place an order. By using the Site, you represent and warrant that you meet this age requirement. If you are under 18, you may use the Site only with the involvement and consent of a parent or legal guardian.

2. Account Registration

Certain features of the Site may require you to create an account. When you register, you agree to:

• Provide accurate, current, and complete information.
• Maintain and promptly update your account information.
• Keep your password confidential and not share it with third parties.
• Accept responsibility for all activities that occur under your account.
• Notify us immediately of any unauthorized use or security breach.

We reserve the right to suspend or terminate any account that we reasonably believe violates these Terms or is being used fraudulently.

3. Products & Descriptions

We make every effort to display the colors, images, and details of our products as accurately as possible. However, the actual colors you see depend on your monitor or device, and we cannot guarantee that your display will accurately reproduce product colors.

All product descriptions, including ingredient lists, usage instructions, and shade representations, are provided in good faith. We reserve the right to modify product descriptions, formulations, or packaging at any time without prior notice.

4. Cosmetic Disclaimer & Safety

All LumaLip Beauty products are intended for external cosmetic use only. By purchasing and using our products, you acknowledge and agree to the following:

• Discontinue use immediately if irritation, redness, or an allergic reaction occurs.
• Avoid application on broken, irritated, or sunburned skin.
• Keep products out of reach of children.
• Avoid contact with eyes; if contact occurs, rinse thoroughly with water.
• Review the full ingredient list before use if you have known allergies or sensitivities.
• Perform a patch test on a small area of skin before first use if you have sensitive skin.
• Individual results may vary; cosmetic products are not intended to diagnose, treat, cure, or prevent any disease.

Our products comply with applicable cosmetic safety regulations, including EU Regulation (EC) No 1223/2009 on Cosmetic Products and the US Federal Food, Drug, and Cosmetic Act (FD&C Act).

5. Pricing, Currency & Taxes

• All prices are displayed in US Dollars (USD) unless otherwise indicated.
• Prices are subject to change without prior notice; however, changes will not affect orders already confirmed.
• We reserve the right to correct pricing errors. If an order has been placed at an incorrect price, we will contact you before processing.
• Prices displayed do not include applicable taxes, duties, or shipping fees unless explicitly stated. These will be calculated and displayed at checkout.

For EU/UK Customers

In accordance with the EU Consumer Rights Directive and UK Consumer Contracts Regulations, the total price inclusive of all taxes and, where applicable, delivery charges will be displayed before you confirm your order. You will not be required to pay any charges that have not been clearly communicated before order confirmation.

For California Customers

Applicable California state and local sales taxes will be calculated and displayed at checkout in accordance with California Revenue and Taxation Code requirements.

6. Orders & Payment

When you place an order, you are making an offer to purchase. We reserve the right to accept or decline any order for any reason, including but not limited to product availability, pricing errors, or suspected fraud.

• An order confirmation email does not constitute acceptance of your order; acceptance occurs when the product is shipped.
• We reserve the right to limit order quantities per person, per household, or per order.
• Payment is processed securely through Stripe. We do not store your credit card information. See our Privacy Policy for details.
• You represent that you are an authorized user of the payment method provided.

EU/UK Consumer Right of Withdrawal

Under the EU Consumer Rights Directive (2011/83/EU) and the UK Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, you have the right to cancel your order within 14 days from the day you (or a person you nominate) receive the goods, without giving any reason. To exercise this right, you must inform us by a clear statement (e.g., via email or our contact form). See Section 8 for full return details.

7. Shipping & Delivery

• Shipping times are estimates only and are not guaranteed delivery dates.
• Risk of loss and title for items pass to you upon delivery to the carrier (for US customers) or upon delivery to you (for EU/UK customers, per consumer protection law).
• We are not responsible for delays caused by customs, weather, carrier issues, or other circumstances beyond our control.
• International customers are responsible for any import duties, customs fees, or taxes imposed by their country.

For full shipping details and estimated delivery times, please visit our Shipping & Returns page.

8. Returns, Refunds & Right of Withdrawal

8.1 General Return Policy

We want you to love your purchase. If you are not satisfied, you may return eligible, unopened products within 30 days of delivery for a refund or exchange, subject to the conditions outlined on our Shipping & Returns page.

• Products must be unused, in original packaging, and in resalable condition.
• For hygiene and safety reasons, opened or used cosmetic products cannot be returned unless they are defective.
• Return shipping costs are the responsibility of the customer unless the return is due to our error or a defective product.

8.2 EU/UK Statutory Right of Withdrawal

If you are a consumer in the EEA or the United Kingdom, you have a statutory 14-day right of withdrawal from the date you receive the goods, in addition to any voluntary return policy we offer.

• To withdraw, send a clear statement to us via email or our contact form within 14 days of receiving the goods.
• You must return the goods within 14 days of communicating your withdrawal. You bear the direct cost of return shipping.
• We will reimburse all payments received, including standard delivery costs, within 14 days of receiving the returned goods (or proof of return shipment).
• The right of withdrawal may not apply to sealed cosmetic products that have been opened after delivery, where the unsealing renders them unsuitable for return due to hygiene or health protection reasons (Art. 16(e) of Directive 2011/83/EU).
• Refunds will be made using the same payment method you used for the original purchase.

8.3 California Consumer Rights

California consumers are entitled to protections under the California Consumer Legal Remedies Act (CLRA) and the Song-Beverly Consumer Warranty Act. If a product is defective or not as described, you may be entitled to repair, replacement, or a full refund. Nothing in these Terms limits or waives your rights under California law.

8.4 Defective Products

If you receive a defective, damaged, or incorrect product, please contact us within 30 days of delivery. We will arrange a replacement or full refund, including return shipping costs, at no cost to you. Under EU/UK consumer law, you may have additional statutory rights for up to 2 years from delivery for products that do not conform to the contract.

9. Discount Codes & Promotions

• Discount codes are subject to specific terms communicated at the time of the promotion.
• Codes cannot be combined unless explicitly stated.
• We reserve the right to modify or cancel promotions at any time.
• Discount codes have no cash value and cannot be redeemed for cash.
• Abuse of promotional offers (including creating multiple accounts) may result in order cancellation and account termination.

10. Intellectual Property

All content on this Site — including but not limited to text, graphics, logos, images, photographs, product designs, packaging, audio, video, software, and the compilation thereof — is the property of LumaLip Beauty or its licensors and is protected by United States and international copyright, trademark, patent, and other intellectual property laws.

• The LumaLip Beauty name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of LumaLip Beauty.
• You may not reproduce, distribute, modify, display, perform, or create derivative works from any Site content without our express written consent.
• You are granted a limited, non-exclusive, non-transferable license to access and use the Site for personal, non-commercial purposes.

11. User Content & Reviews

When you submit a review, comment, or other content to the Site, you grant LumaLip Beauty a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, and distribute such content in any media worldwide.

• You represent that you own or control all rights to the content you submit.
• You agree that your content will not be fraudulent, misleading, defamatory, obscene, or otherwise unlawful.
• We reserve the right to remove or moderate any user content at our sole discretion.
• We do not endorse opinions expressed in user reviews and are not responsible for their accuracy.

12. Prohibited Uses

You agree not to use the Site to:

• Violate any applicable local, state, national, or international law or regulation.
• Engage in any activity that is fraudulent, deceptive, or harmful.
• Impersonate any person or entity or misrepresent your affiliation.
• Transmit viruses, malware, or any other harmful code.
• Attempt to gain unauthorized access to any part of the Site, other accounts, or systems.
• Use automated systems (bots, scrapers, spiders) to access the Site without our written permission.
• Harvest or collect personal information of other users.
• Interfere with or disrupt the Site or servers/networks connected to the Site.
• Use the Site for any commercial purpose without our express written consent.

13. Limitation of Liability

To the fullest extent permitted by applicable law, LumaLip Beauty, its officers, directors, employees, agents, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, or goodwill, arising out of or related to your use of the Site or purchase of products.

Our total aggregate liability for any claims arising from or related to these Terms or your use of the Site shall not exceed the amount you paid to us for the specific product or service giving rise to the claim.

EU/UK Consumers

Nothing in these Terms limits or excludes our liability for: (a) death or personal injury caused by our negligence; (b) fraud or fraudulent misrepresentation; (c) defective products under the EU Product Liability Directive (85/374/EEC) or the UK Consumer Protection Act 1987; or (d) any other liability that cannot be lawfully excluded or limited under EU/UK consumer protection law. Your statutory rights as a consumer are not affected by these Terms.

California Consumers

Pursuant to California Civil Code § 1542, nothing in these Terms is intended to waive rights that cannot be lawfully waived under California law, including the California Consumer Legal Remedies Act (CLRA). If any limitation of liability in these Terms conflicts with California law, the applicable California statute shall prevail.

14. Disclaimer of Warranties

The Site and all products are provided on an "AS IS" and "AS AVAILABLE" basis. We disclaim all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising from course of dealing or usage of trade.

EU/UK Consumers: This disclaimer does not affect your statutory rights. Under EU/UK consumer law, goods must be of satisfactory quality, fit for purpose, and as described. If goods do not conform to the contract, you are entitled to a remedy (repair, replacement, or refund) within the applicable statutory period.

15. Indemnification

You agree to indemnify, defend, and hold harmless LumaLip Beauty and its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from or related to: (a) your use of the Site; (b) your violation of these Terms; (c) your violation of any third-party rights; or (d) any content you submit to the Site.

EU/UK Consumers: This indemnification clause applies only to the extent permitted under applicable consumer protection law and does not require you to indemnify us for matters caused by our own negligence or breach.

16. Dispute Resolution

16.1 Governing Law

These Terms are governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law principles.

16.2 Informal Resolution

Before initiating any formal dispute resolution, you agree to first contact us and attempt to resolve the dispute informally for at least 30 days.

16.3 Arbitration (US Customers)

For US-based customers, any dispute that cannot be resolved informally shall be resolved through binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. You agree to waive your right to a jury trial and to participate in a class action. This arbitration clause does not apply to claims that may be brought in small claims court.

16.4 EU/UK Consumers — Alternative Dispute Resolution

If you are an EU consumer, you may use the European Commission's Online Dispute Resolution (ODR) platform at https://ec.europa.eu/consumers/odr to resolve disputes. UK consumers may contact the relevant ombudsman or ADR body in their jurisdiction. Nothing in these Terms limits your right to bring proceedings in the courts of your country of residence.

16.5 California Consumers

Under California Civil Code § 1789.3, California consumers 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, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

17. Privacy & Data Protection

Your use of the Site is also governed by our Privacy Policy, which details how we collect, use, and protect your personal information in compliance with the GDPR, UK GDPR, CCPA/CPRA, and other applicable data protection laws. By using the Site, you consent to the practices described in the Privacy Policy.

18. Third-Party Links & Services

The Site may contain links to third-party websites or services (including payment processors, social media platforms, and analytics providers). We are not responsible for the content, privacy practices, or terms of any third-party sites. Your interactions with third-party services are governed by their respective terms and policies.

19. AI-Powered Features

Our Site may include AI-powered features such as the Shade Guide Quiz and AI Support Chat. These features are provided for informational and recommendation purposes only.

• AI-generated recommendations are not guaranteed to be accurate and should not be considered professional advice.
• Quiz responses and chat interactions may be used to improve our services, subject to our Privacy Policy.
• We are not liable for any decisions made based on AI-generated recommendations.
• AI features may be modified, improved, or discontinued at any time.

20. Force Majeure

We shall not be liable for any failure or delay in performance resulting from causes beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemic, epidemic, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, labor disputes, supply chain disruptions, or internet/telecommunications failures.

21. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving its original intent.

22. Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices or policies published on the Site, constitute the entire agreement between you and LumaLip Beauty regarding your use of the Site. No waiver of any provision shall be deemed a further or continuing waiver of such provision or any other provision.

23. Modifications to These Terms

We reserve the right to modify these Terms at any time. When we make material changes, we will update the "Last updated" date and, where required by law (including under EU/UK consumer regulations), notify you by email or a prominent notice on the Site. Continued use of the Site after changes are posted constitutes your acceptance of the revised Terms.

EU/UK Consumers: Material changes to these Terms that affect your rights will require your affirmative consent before taking effect, as required by applicable consumer protection law.

24. Accessibility

LumaLip Beauty is committed to making our Site accessible to all users, including those with disabilities. We strive to conform to the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA and to comply with the Americans with Disabilities Act (ADA), the European Accessibility Act (Directive 2019/882), and applicable UK accessibility regulations. If you encounter accessibility barriers, please contact us so we can assist you.

25. Contact Us

If you have questions or concerns about these Terms of Service, please contact us:

• 📧 Email: [email protected]
• 📬 Contact Form: lumalipbeauty.com/contact

For EU dispute resolution, visit the EU ODR Platform. For California consumer complaints, contact the California Department of Consumer Affairs at (800) 952-5210.