1.1 These General Terms of Sale (hereinafter, the "General Terms") relate to the remote purchase of products, via the Internet, from the website www.kikocosmetics.co.uk (hereinafter, the "Website").
1.2 The owner of the site is KIKO UK Limited (hereinafter, "KIKO"), a company registered in England and Wales under company number 07030612 and with registered offices at 5th Floor, Mutual House, 70 Conduit Street, Mayfair, London, W1S 2GF. Our VAT number is GB 111 10 99 68.
1.3 Our Customer Service team can be contacted by e-mail at email@example.com. If you would like to speak to our Customer Service team via telephone (Monday-Saturday, 9am-7pm) you can provide your telephone number via the form at www.kikocosmetics.co.uk and someone will call you to discuss your query.
2. Acceptance of the General Terms of Sale
2.1 All purchases of products carried out through the Website (hereinafter, the "Purchase Agreements") by users who access the Website (hereinafter, the "Clients") are governed by these General Terms. Prior to carrying out any purchase, the Client is therefore required to carefully read these General Terms. At the execution of the Purchase Agreement the Client agrees and undertakes to comply with them,
2.2 KIKO may amend the contents of these General Terms at any time and without prior notice. The General Terms published on the Website at the time a purchase is made by a Client will apply to each individual Purchase Agreement. The General Terms are published in English only. A copy will be supplied via e-mail with each order confirmation.
3.1 The Website sells cosmetics, body care products, make up and, related accessories exclusively under the KIKO brand (hereinafter, the “Products”).
3.2 All the Products on sale are illustrated in detail on the Website, in their respective sections, which are classified by Product category.
3.3 The visual display of Products on the Website, where available, has an approximate value only, and it is usually in the form of a photo image of the Products themselves, with the sole purpose to present them for sale, without any guarantee or commitment by KIKO regarding the exact match of the image depicted on the Website with the actual Product; this specifically refers to the actual dimensions and/or colours of the Products and/or their packaging.
3.4 In case of a difference between the image and the written product specifications, the latter will always prevail.
4. Purchasing procedure
4.1 The Client may purchase the Products in KIKO's e-Catalogue, which are illustrated in detail on the Website in the corresponding product category sections, as described in the relative product specifications posted on the Website, by complying with the procedures explained in this paragraph. A minimum order value of £ (after discounts) applies.
4.2 In order to purchase the Products, the Client must fill out and send to KIKO the electronic order form available on the Website, following the instructions provided on said form. The form must be duly filled out in all parts.
4.3 The Client will first have to add the selected Products to the “Shopping Cart”, view their "Shopping Cart" and, once they have checked that they are happy with its contents, click on the "CHECKOUT" button. After providing their personal details, including their billing address, shipping address and payment information, choosing the courier, and seeing and accepting the amount of the delivery charges, the Client will be able to proceed with placing their order. Note that the Client will receive a choice of payment methods as part of this process – see paragraph 7.3 below for more information. The exact process for placing an order may vary depending on the payment method selected.
4.4 Should the Client need to change their proposed order or certain data contained in it, they will have to follow the special procedure explained on the Website. Specifically, the Client will be entitled to change the quantity of the Products being purchased, adding or eliminating one or more Products from the Shopping Cart.
4.5 Once the operation outlined in paragraph 4.3 is finished, the Client will see a screen appear containing a summary of their proposed order, inclusive of the shipping charges, and will be able to send their order by clicking on the "CONFIRM PURCHASE" button.
4.6 Clients may register with the Website by completing the registration form made available on the Website. Registering with the Website allows Clients to check the status of their orders, assuming they placed those orders when logged into their account, as well as offering opportunities to take advantage of discounts and promotions.
5. Contract conclusion
5.1 The publication of Products on the Website constitutes an invitation to the Client to make an offer of purchase. An order sent by a Client has contractual value and implies complete awareness and acceptance of these General Terms.
5.2 Each Purchase Agreement stipulated between KIKO and the Client shall be executed with the sending of the confirmation of the Client's order by KIKO to the e-mail address of the Client. This confirmation message will indicate an "Order Number," to be used in all subsequent communications with KIKO. The message will reiterate, in addition to the information required by law, all the data entered by the Client, who agrees to verify its accuracy and immediately give notice of any corrections. Any extra costs incurred due to incorrect information which was not promptly reported will be the Client's exclusive responsibility.
5.3 The Clients may view all their orders on the Website in their Reserved Area, assuming they placed the orders while logged into their account, or obtain the relevant details by contacting KIKO Customer Service, immediately after sending the orders. KIKO Customer Service can be contacted via the methods set out in paragraph 1.3 above.
Occasionally, some Products offered may be unavailable and, in that case, if the Products selected by the Client are unavailable, KIKO will inform the Client by e-mail, their order for the unavailable Products will be cancelled and, if the Client has already paid for them, they will receive a full refund in relation to those Products. Any Products forming part of the same order which are still available will be sent to the Client and charged for as normal.
5.4 KIKO shall be free to accept or refuse any order sent by a Client at its own discretion, without the Client being able to lay claims or rights of any sort, in any capacity, even compensatory, in the event of non-acceptance of the order by KIKO.
5.5 In particular, KIKO reserves itself the right to not accept orders and cancel orders that do not give adequate assurance of solvency or if – even after checking with the network that manages credit card payments – anomalies are found in the transactions and in the payment methods used by the Client.
5.6 The Client may verify at any time the content of their concluded Purchase Agreements by accessing their Reserved Area on the Website, assuming they placed the orders while logged into their account, or by contacting KIKO Customer Service via one of the methods set out in paragraph 1.3 above. This information will be available for a 12-month period following the delivery date of the Products.
6. Product Pricing
All Product prices are clearly indicated on the Website and include VAT. Shipping expenses are displayed at the time of the order. The cost for each shipment may vary, depending on the shipping and payment methods as well as on the final destination and total order amount.
7. Invoicing and Payment terms
7.1 KIKO shall issue an invoice for the purchased Products the moment said Products are turned over to the courier for shipping, sending it to the Client by e-mail. When issuing the invoice, KIKO relies on the information provided by the Client. Once the invoice is issued it will not be possible to make any changes to this information.
7.2 As described in more detail in the relevant sections, payments with Credit Card or PayPal exclusively require an authorization, in other words booking the money with no actual charge when the Customer enters the orders. Payment is actually charged to the Customer only when the Products are turned over to the courier in charge of the shipment. At this point, KIKO also issues the invoice relating to the order.
7.3 The purchased Products may be paid by means of credit card, PayPal, C.O.D. or, when available, Gift Card, according to the methods specified here below:
Online credit cards
The following credit cards are accepted: Visa, Mastercard, American Express.
All information is transferred in encrypted form using the SSL (Secure Socket Layer) protocol.
The amount of the order is not immediately debited on the card, but instead during a subsequent phase, within the limits authorized by Client.
When the order is entered on KIKO’s Website, an authorization will be requested only for payment of the indicated amount (very often, the bank which issued the card sends a SMS/e-mail to the Client at this time).
This authorization does not mean that the money has been debited, but simply that the corresponding amount has been “booked”.
The amount due will actually be debited once the order is turned over to the courier, forwarding company or any other subject authorized by KIKO to carry out the delivery.
This guarantees that the order amount is debited on the credit card only at the time of the actual shipment of the Products and only for the amount relating to the Products actually shipped.
PayPal, an eBay group company, is a quick and secure payment system.
Once the order is completed and PayPal is selected as the payment method, the buyer will be redirected to the PayPal website where they can access their account by entering their personal e-mail address and password.
After registration, payments can be made through PayPal without having to re-enter the information for future purchases.
PayPal will send a confirming e-mail for each transaction carried out using this method.
Please note that the amount of the order is debited on your PayPal account when the order is turned over to the courier. When the order is entered on the Website, an authorization request will be sent simply to verify whether the Client's PayPal account has the available funds, without any debit being made.
In case the order is cancelled, the amount will be refunded on the Client's PayPal account.
Users may directly pay the courier that delivers the ordered Products.
For this payment method, cash only is accepted. The Couriers will not accept bank cheques or cashier's cheques, and will not deliver the Products unless it receives the exact amount indicated on the order. The courier is not authorized to give change.
KIKO Gift Cards are prepaid retail cards that can be used for purchases on the Website. The Gift Cards are digital and can be purchased and used online only.
Gift Cards can be loaded (in multiples of £1) with a minimum value of £20 up to a maximum value of £999. They cannot be subsequently reloaded with credit.
If you wish to buy Products with a Gift Card simply choose "Gift Card" as the payment method in the purchase path and enter the 16-digit number (written under the bar code) and the 5-digit security code.More detailed information about KIKO Gift Cards is available in the FAQs section on the Website: www.kikocosmetics.co.uk/help-and-contacts/kiko-gift-card.html.
8. Shipping Methods and Charges
8.1 KIKO agrees to deliver the Products without undue delay and in any case within 30 days from the execution of the Purchase Agreement. Products are delivered by way of courier, and delivery times vary depending on the place of destination. In any event, the delivery dates indicated at the time the order is placed are approximate.
8.2 KIKO ships to all countries indicated on the Website, and delivery is made without an appointment.
8.3 KIKO will not be liable in any way towards the Client for any delays in fulfilling the order or in delivering the Products listed in the Purchase Agreement due to circumstances beyond the reasonable control of KIKO.
8.4 The ordered Products will be sent to the mailing address specified by the Client. Once KIKO has turned over the products to the courier, the Client will receive an e-mail confirming the shipment.
8.5 Delivery terms and conditions vary depending on whether "Standard Delivery" or "Express Delivery" is selected during the order process – full details are available at http://www.kikocosmetics.co.uk/secure-purchases/delivery-information-and-costs.html. Deliveries are made from Monday to Friday, during normal business hours, except on national holidays, according to the terms and conditions set forth by the courier chosen by the Client. The delivery is deemed to have been completed when the Products are made available to the Client at the address specified on the order form. In the case of "Standard Delivery", if the Products cannot be delivered due to absence of the recipient at the specified address, the postal worker will leave a delivery card and the shipment will be available to pick up from the Post Office for approximately ten (10) working days. After this period, the products will be returned to KIKO. In the case of "Express Delivery", if the Products cannot be delivered due to absence of the recipient at the specified address, the courier will attempt to contact the Client to reschedule delivery. If no contact can be made, the courier will attempt to redeliver and, if this is unsuccessful due to absence of the recipient, the courier will make a further attempt to contact the Client to schedule a new delivery time. If the courier is unable to contact the Client within five (5) working days or in the event of a further failure to deliver due to absence of the recipient, the Products in the order will be returned to KIKO. Once 30 (thirty) days have elapsed from the date the Products listed in an order were returned to KIKO because it was not possible to complete the delivery, the Purchase Agreement will be terminated and the order cancelled. KIKO will then proceed to refund the amount paid by the Client, net of the costs incurred to return the Products and of expenses for their storage at the facilities of the courier in charge of their delivery.
8.6 Termination of the Purchase Agreement and the amount of the refund will be notified via e-mail. The refund amount will be credited on the payment method used by the Client for the purchase. In the event that, before the 30-day period elapses, the Client once again requests to receive the purchased Products, KIKO will proceed with the new delivery after debiting the charges for this new delivery as well as the costs for returning the Products to KIKO and the storage fees.
8.7 At the time of delivery of the Products by the courier hired by KIKO, the Client is required to carefully check:
(a) that the tamper-proof label is intact and the packaging has not been damaged or otherwise altered; and
(b) that the number of delivered pieces matches the amount indicated in the shipping document.
8.8 The Client must immediately report any damage to the tamper-proof label, to the packaging or to the Products or if the number of units/packages or indications do not match, by contacting KIKO’s Customer Service via one of the methods set out in paragraph 1.3 above, indicating the order for which these problems occurred.
8.9 Events outside the reasonable control of the parties, including but not limited to unavailability of means of transportation and unforeseen or unavoidable events (e.g. natural disasters, extreme weather, industrial action) that result in a delay in deliveries or make deliveries difficult or impossible or cause significant increases in KIKO's delivery expenses, will give the latter the right to split up, resend or cancel the order, in full or in part, or to cancel the Purchase Agreement. In these cases, KIKO must immediately inform the Client of its decision by sending an e-mail to the address provided by Client, with the Client only being entitled to a refund of any sums already paid, excluding any other claims against KIKO for any reason.
9. Discount coupons – Promotions
9.1 Any discount coupons or promotional codes may be entered when the Client fills out the order form. The system will automatically change the total order amount, deducting any discounts or allowances.
9.2 Coupons can be used together with other commercial initiatives only where the possibility to do so is explicitly indicated.
10. Right to Withdraw and its effects
10.1 The Client has the right to terminate the Purchase Agreement, at its discretion and without cause, within 14 days (“withdrawal period”) as outlined in this paragraph 10.
10.2 The withdrawal period expires: (i) 14 days after the Client or a third party – excluding the courier, its employees and sub-contractors – enter in possession of the Products or (ii) in case of a Purchase Agreement relating to multiple Products ordered in a single order and delivered separately, 14 days after the Client or a third party – excluding the courier, its employees and sub-contractors – enter into possession of the last item.
10.3 To exercise the right of withdrawal, the Client must inform KIKO of their decision to terminate the Purchase Agreement by a clear statement (e.g. a letter sent by post, fax, or e-mail). You may use the model cancellation form, but this is not obligatory.
10.4 In order to take advantage of the withdrawal period, the Client must send the notice of withdrawal before the expiration of the withdrawal period.
10.5 If the Client terminates the Purchase Agreement, all the payments made in favour of KIKO will be refunded, including costs of delivery (excluding the additional costs arising from the choice by the Client of a type of delivery different from the least expensive method available, i.e. the “standard method”), without undue delay and in any case not later than 14 days from the day KIKO receives the Products back or, if earlier, the day the Client provides proof of return. In the event that no goods were supplied, the refund will be made no later than 14 days from the date on which KIKO was informed of the Client's decision to terminate the Purchase Agreement. Refunds will be made using the same method of payment used by the Client for the purchase of the Products, unless it is expressly agreed otherwise. In any case, the Client will not bear any cost, except for the costs outlined in paragraph 10.6 below.
10.6 The Client must send back the Products or deliver to KIKO S.p.A. c/o CEVA Logistic, SP 122 della Francesca Km 7, 24040, Pognano (BG), Italy, without undue delay and in any case within 14 days from the day of the exercise of the right to withdrawal. The deadline is respected if the Client sent back the Products before the expiration of the period of 14 days. Direct costs of returning the Products will be paid by the Client. Where Products show signs of unreasonable use leading to diminished value refunds will be reduced accordingly. Products that are returned should only have been handled to the extent necessary to establish the nature, characteristics and functioning of the Products.
10.7 In any case, the Client cannot exercise the right to withdrawal in the case of goods sealed for reasons of hygiene or related to health protection that have been unsealed after delivery.
11. Product non-compliance and defective products
11.1 Products offered on the Website comply with UK and EU legislation currently in force. KIKO is under a legal duty to supply Products that are in conformity with the Purchase Agreement. As a consumer, you have legal rights in relation to the Products that are faulty or not as described which are not affected by these Terms of Sale. Advice about your legal rights is available from your local Citizen's Advice Bureau or Trading Standards office.
11.2 Subject to paragraphs 3.3 and 3.4 above, in the event that the purchased Products do not match the description published on the Website or in case of a defective or broken Product, the Client is entitled to a refund for the defective item. Clients seeking a refund should contact Customer Service by the methods outlined in paragraph 1.3 above.
11.3 A communication from KIKO staff will follow, indicating the refund methods available, which the Client can select from at their discretion.
12. Processing of Personal Data
KIKO processes Client-related information in accordance with the provisions of existing data protection laws, as specified in the specific section of the Website entitled "Privacy Notice" (see http://www.kikocosmetics.co.uk/secure-purchases/privacy-policy.html).
13. Communications and claims
All communications or claims from Clients to KIKO relating to Purchase Agreements can be communicated using the specific form to contact our customer service.
14. Intellectual Property Rights
All trademarks (registered or not) as well as any intellectual property, distinguishing marks or name, image, photograph, written text or graphics and more generally, any other intangible assets protected by international laws and conventions on intellectual property and industrial property rights reproduced on the Website will remain the exclusive property of KIKO and/or its assignors, and accessing the Website and/or concluding Purchase Agreements does not afford the Client any rights thereupon. Any use thereof, including only in part, is prohibited without KIKO's prior written authorization. KIKO exclusively reserves itself all relevant rights.
15. Applicable law and Place of jurisdiction
15.1 These General Terms as well as any other contract entered into with the Client are governed by English law.
15.2 Any controversy arising from or relating to the interpretation, execution, validity or efficacy of these General Terms and of any other contract entered into with the Clients will be submitted to the exclusive jurisdiction of the English courts.