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Last Updated: 09/11/2024
Ana Luisa offers customers the opportunity to participate in its monthly membership program (the “Luxe Program”). To become a member of the Luxe Program (“Luxe Member”) and enroll in the membership (“Luxe Membership”), you must checkout and subscribe as Luxe Member when making a purchase on this Site. As a Luxe Member you will be entitled to certain benefits as described below in the Luxe Program Terms, including an extra 5% off all products, including solid gold and diamond style products, which is exclusive to Luxe Members. The following additional terms and conditions apply if you subscribe to our Luxe Program (“Luxe Program Terms”). By enrolling in the Luxe Program and continuing to maintain your Luxe Membership, you agree to be bound by these Luxe Program Terms including any changes that we make to them. These Luxe Program Terms contain important information about your relationship with us, including individual mandatory binding arbitration of disputes between us, instead of class actions or jury trials as detailed below.
After signing up for the Luxe Program and becoming a Luxe Member, you will be enrolled in a membership with many benefits. Luxe Members enjoy special discounts on every purchase, including an extra 5% off all products, including solid gold and diamond style products, which is exclusive to Luxe Members, as well as exclusive deals and sales and certain other benefits that Ana Luisa may provide from time to time. The complete benefits of joining the Luxe Program are detailed during checkout and can be found in our How it Works section, which is subject to change.
Enrollment Date; Initial Charge. Your “Enrollment Date” is the date you enrolled in the Luxe Program and became a Luxe Member, either originally or upon reenrollment after cancelling. Your account will display your Enrollment Date. You will pay an initial charge of $1.95 upon enrolling in the Luxe Program (other than in the case of a gifted Luxe Membership, as indicated below).
Monthly Charge; Membership Date. As a Luxe Member, beginning every 30 days after your Enrollment Date (each, your “Membership Date”), your credit or debit card on file will be automatically charged $39.99, which will immediately be deposited in your Luxe Membership account as Store Credit. Please note that your Luxe Membership will be billed automatically every 30 days on your Membership Date. Luxe Members may accumulate Store Credits.
Store Credits can be used to make purchases on the Site of any Ana Luisa product. Store Credits are redeemable for merchandise only. Store Credits do not expire even if you cancel your Membership.
Subject to Ana Luisa’s refund policy, Store Credits have no cash value and cannot be redeemed for cash, unless otherwise required by law.
1-Year Refund Policy. Store Credits posted to your account in accordance with paragraph 2 above are refundable for a period of one year, which period begins at 12:00:00 AM EST on your Membership Date (the “1-Year Period”), other than Store Credits from a gifted Luxe Membership (as indicated below). To request a Store Credit refund, please contact customer support at love@analuisa.com. After the 1-Year Period, Store Credits are not refundable. Please refer to our How It Works section for additional details. Please note that requesting a refund for Store Credits will result in cancellation of your Luxe Membership.
Any Store Credits will be automatically replaced with electronic Ana Luisa Gift Cards if they are unused by you 1 year after issuance. Store Credits will be replaced with Gift Cards the last day of the month following the “1-Year Period.” The electronic Gift Cards issued to replace Store Credits may be used to make purchase of any Ana Luisa merchandise from the Site.
The Gift Cards are issued by Ana Luisa Services LLC, a Florida limited liability company (“ALS”), and are subject to the Ana Luisa Gift Card Terms. ALS is responsible for the management and operation of the store credit replacement and Gift Card program. A Store Credit that has been replaced with a Gift Card constitutes a contract between you and ALS. By agreeing to be bound by these Terms, you expressly release Digital Assets, Inc. and its subsidiaries and affiliates (other than ALS) from any liability with respect to your replaced Store Credits and Gift Cards. You acknowledge that any such liability is the sole responsibility of ALS. If you have any questions about your replacement Gift Card, please contact customer support at love@analuisa.com.
You may accumulate a maximum of 12-months’ worth of unused Store Credits. After 12 consecutive months of non-use, we will cancel your Luxe Membership. Please note that following cancellation, unused Store Credits will remain available for use, and you will continue to receive Gift Cards in replacement of unused Store Credits, as applicable.
You may cancel your Luxe Membership at any time. To cancel your membership, please contact our customer service team at love@analuisa.com or visit your account page under "Manage Membership.” Click the button labeled "Cancel Membership" listed underneath your personal details and follow the prompts. Please refer to our How It Works section for more details.
You may use any remaining Store Credits and Gift Cards after cancellation for purchases on the Site, but you will no longer have access to discounted pricing or other Luxe Member benefits.
Ana Luisa reserves the right to terminate or freeze your Luxe Membership, without notice to you, at its sole discretion for conduct we believe violates our policies, is harmful to others, or is harmful to our interests.
As a Luxe Member, you have access to perks such as up to 30% off retail pricing on certain items and an additional 5% off all products including solid gold and diamond style products. The complete benefits of joining the Luxe Program are detailed during checkout and can be found in our How it Works section, which is subject to change.
By accepting these Luxe Program Terms, you are agreeing to resolve any dispute with us through individual binding arbitration or small claims dispute procedures (unless you opt out), and to waive your rights to a jury trial and to participate in any class action suit.
Individualized Dispute Resolution and Arbitration. YOU AND WE EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL CLAIMS OR DISPUTES, OF ANY NATURE, INCLUDING TORT AND STATUTORY CLAIMS, IN ANY WAY RELATED TO OR CONCERNING THE LUXE PROGRAM TERMS, OUR SERVICES OR PRODUCTS, INCLUDING ANY BILLING DISPUTES, OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND US (OR OUR SUPPLIERS OR VENDORS) WILL BE RESOLVED BY INDIVIDUAL BINDING ARBITRATION OR IN SMALL CLAIMS COURT. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. THE ARBITRATOR MUST FOLLOW THIS AGREEMENT AND CAN AWARD, ON AN INDIVIDUAL BASIS, THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING ATTORNEYS’ FEES).
This includes any claims against other parties relating to services or products provided or billed to you whenever you also assert claims against us in the same proceeding. You and we each also agree that the Luxe Program Terms affect interstate commerce so that the Federal Arbitration Act and federal arbitration law, not state law, apply and govern the enforceability of this dispute resolution provision (despite the general choice of law provision set forth below).
For all disputes or claims you have, you must first give us an opportunity to resolve your claim by sending a written description of your claim ("Notice of Dispute") to the following address:
Digital Assets Inc. d/b/a Ana Luisa
80 State Street
Albany, NY 12207-2543
The Notice of Dispute must contain enough information for us to identify your account and attempt to resolve your claim, including (a) your name; (b) any applicable account number; (c) the product or service at issue; (d) a written description of the problem, relevant documents and supporting information; and (e) a good faith calculation of the damages you claim to have suffered and a statement of the specific relief you are seeking. You may be represented by an attorney or other person in that process. However, if you choose to do so, you must also submit with your Notice of Dispute a signed written authorization allowing us to discuss your claim with your attorney or other representative. Similarly, if we have any dispute with you, we will send a Notice of Dispute to your billing address. You and we each agree to negotiate any claim(s) between us in good faith. You and we each agree that neither of us may commence any arbitration or court proceeding unless you and we are unable to resolve the claim(s) within 60 days after receipt of the Notice of Dispute and the party who sent the Notice of Dispute has made a good faith effort to resolve the claim during that time.
If we are unable to resolve any claims within 60 days despite those good faith efforts, then either you or we may start arbitration or small claims court proceedings. To begin arbitration, you must send a letter requesting arbitration and describing your claim to the address above and to the American Arbitration Association (“AAA”). The arbitration of all disputes will be administered by the AAA under its Consumer Arbitration Rules and Mass Arbitration Supplementary Rules in effect at the time the arbitration is commenced, except to the extent any of those rules conflict with our agreement in these Luxe Program Terms, in which case these Luxe Program Terms will govern. The AAA rules are available at www.adr.org. If the claims asserted in any request or demand for arbitration could have been brought in small claims court, then either you or we may elect to have the claims heard in small claims court, rather than in arbitration, at any time before the arbitrator is appointed, by notifying the other party of that election in writing. Any dispute about whether a claim qualifies for small claims court will be resolved by that court, not by an arbitrator. In the event of any such dispute, the arbitration proceeding will remain closed unless and until the small claims court issues a decision that the claim should proceed in arbitration.
The arbitration of all disputes will be conducted by a single arbitrator, who shall be selected using the following procedure: (a) the AAA will send the parties a list of five candidates; (b) if the parties cannot agree on an arbitrator from that list, each party shall return its list to the AAA within 10 days, striking up to two candidates, and ranking the remaining candidates in order of preference; (c) the AAA shall appoint as arbitrator the candidate with the highest aggregate ranking; and (d) if for any reason the appointment cannot be made according to this procedure, the AAA may exercise its discretion in appointing the arbitrator. All arbitrators appointed pursuant to this process are subject to the disclosure and disqualification procedures set forth in the AAA rules and any applicable state laws or rules.
Payment of all filing, administration, and arbitrator fees will be governed by the AAA Rules. If you initiate an arbitration, you are required to pay AAA’s initial filing fee, but we will reimburse you for this filing fee at the conclusion of the arbitration to the extent it exceeds the fee for filing a complaint in a federal or state court in your county (or parish) of residence. If the arbitrator finds that either the substance of your claim or the relief sought was frivolous, or that your claim was brought for an improper purpose (as measured by the standards in Federal Rule of Civil Procedure 11(b)), then we will not reimburse your initial filing fee and may seek an award of our legal fees or costs against you and/or your counsel. This agreement authorizes the arbitrator to award fees or other sanctions against your counsel. Any facts, evidence, documents, or testimony introduced or produced in an arbitration proceeding may be used only in that proceeding and may not be disclosed, introduced, or used in another arbitration proceeding even if it involves the same or similar claims. We each also agree that the arbitrator will not be bound by rulings in any prior arbitrations not involving the same parties, even if they involved the same or similar claims.
The arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief and attorneys’ fees. If you seek injunctive or declaratory relief, you agree that the arbitrator may award injunctive or declaratory relief in favor of you alone, and only to the extent necessary to resolve your individual claim.
The arbitrator will have the power to rule on their own jurisdiction, including any issues concerning the existence, validity, or scope of either this agreement or the arbitration clause, including whether any claim is subject to arbitration, provided that: (1) any dispute about whether a claim qualifies for small claims court will be resolved by that court, not by an arbitrator; and (2) a court will have the authority to determine whether the parties have complied with the informal dispute resolution procedures set out above and whether any claim you or we have filed in arbitration or in court is inconsistent with the Class and Mass Action Waiver included in these Luxe Program Terms.
Class and Mass Action Waiver. YOU AND WE EACH AGREE THAT ANY PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS, REPRESENTATIVE, MASS, OR CONSOLIDATED ACTION.
In any action between you and us, if a court or an arbitrator determines that any part of this arbitration provision or Class and Mass Action Waiver is unenforceable with respect to any claim, remedy, or request for relief, then the arbitration provision and Class and Mass Action Waiver will not apply to that claim, remedy, or request for relief. But the arbitration provision and Class and Mass Action Waiver will still apply to all other claims, remedies, and requests for relief that you or we may assert in that or any other action. In any such case, you and we agree that we will arbitrate all claims, remedies, and requests for relief subject to individual arbitration first, and that any remaining unresolved claims, remedies, or requests for relief may be pursued in court only after the arbitrator’s award has been issued. In any such proceeding, the arbitrator’s factual findings will not be entitled to deference by the court.
Jury Trial Waiver. If a claim proceeds in court rather than through arbitration, YOU AND WE EACH WAIVE ANY RIGHT TO A JURY TRIAL.
These Luxe Program Terms are governed by the Federal Arbitration Act, applicable federal law, and the laws of the state of Florida, without regard to conflicts of laws rules. Foreign laws do not apply. Arbitration or court proceedings must be in the county and state or jurisdiction in which your billing address in our records is located, but not outside the U.S. or Puerto Rico. If any part of these Luxe Program Terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.