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General Conditions

1. Promoter
This loyalty programme promotion is operated by KIKO U.K. Ltd, a company incorporated and registered in England and Wales with company number 07030612 whose registered office is 5th Floor, Mutual House, 70 Conduit Street, Mayfair, London, W1S 2GF, UK with VAT number GB111109968 (“KIKO”).

2. Regulations

These terms (the “Regulations”), together with the KIKO privacy policy (the “Privacy Policy”), which together shall be referred to as the “Programme Terms”, apply to participation in the KIKO Programme (as defined below).

The Regulations shall prevail in the event of any conflict or inconsistency with any other communications or KIKO terms, including the Privacy Policy, the General Terms and Conditions and any other KIKO communications which shall include advertising or promotional materials.

These Programme Terms will be available to the Participants:

on the website www.kikocosmetics.com;

on the KIKO mobile app;

on request at KIKO Sales Points (as defined below).

An original copy will also be held at the KIKO administrative offices in 5th Floor, Mutual House, 70 Conduit Street, Mayfair, London, W1S 2GF, UK.

PLEASE READ THESE PROGRAMME TERMS CAREFULLY. BY PARTICIPATING IN THIS KIKO PROGRAMME, YOU AGREE TO BE BOUND BY THESE PROGRAMME TERMS. IF YOU DO NOT AGREE TO THESE PROGRAMME TERMS, YOU SHOULD NOT ACCESS OR PARTICIPATE IN THE KIKO PROGRAMME.

3. Duration
The loyalty programme, which is to be known as “KIKO KISSES” (the “KIKO Programme”) will begin on 23/07/2018 and will end at 23.59 on 31/12/2019 in accordance with article 11of these Regulations. Any extensions will be duly indicated in the updated Programme Terms available on the website www.kikocosmetics.com.

4. Territorial coverage

The KIKO Programme will be valid throughout all territory that comprises the United Kingdom (“UK”) in all KIKO locations in which KIKO products are physically sold (“Sales Points”) in that territory. The KIKO Programme also covers purchases made on the website www.kikocosmetics.com by Participants (as defined below) based in the UK.

5. Participants
Enrolment in the KIKO Programme is free of charge but purchases of KIKO products are necessary for participation. Participation is available to all natural persons aged 18 years and upwards, or at least aged 16 years with the permission of their parents, guardian or legal representative (the “Participant(s)”). Enrolment is granted on accurate and full completion of the enrolment form, by means of one of the following platforms:

a) Via the KIKO mobile app

Once the free KIKO mobile app has been downloaded directly from the Apple Store or the Android Store (Google Play), and the enrolment form within the app has been completed and submitted in the presence of an internet connection, a unique QR Code, which represents Participant’s enrolment in the KIKO Programme, will be sent directly and free of charge to the mobile device of the Participant. In the event that the Participant does not have access to an internet connection at the time, the QR Code will be sent to the Participant as soon as they have access to an internet connection. The Participants are liable for costs related to connection to the mobile internet network according to the tariffs set by their mobile telephone operator.

b) Via the website www.kikocosmetics.com

Once the dedicated enrolment form has been completed on the website www.kikocosmetics.com, in the personal area, the Participant can download a PDF file with a unique QR Code which represents their enrolment in the KIKO Programme.

c) Via a printed form in store

The Participant must fill in the dedicated enrolment form which will be provided by the store personnel. The Participant will receive confirmation of their successful enrolment in the KIKO Programme via email to the email address provided by the Participant in the enrolment form.

The provision of valid and accurate personal information by the Participant is necessary in order to have access to the KIKO Programme.

Participants are not permitted to enrol in the KIKO Programme more than once at a time per person. If it is discovered that a Participant has enrolled on the KIKO Programme multiple times then KIKO reserves the right to suspend or terminate such Participant’s account in accordance with article 12.2 of these Regulations.

6. How to earn points

6.1) Purchases made at KIKO Sales Points: Participants can earn loyalty points for the KIKO Programme (hereinafter known as “Points”) in KIKO Sales Points in the UK.

On payment at the cash desk, before conclusion of the transaction, the Participant must indicate their participation in the KIKO Programme in one of the following ways:

by presenting their QR Code via their personal device;

by showing the email received during registration;

by providing the email address used during registration to the KIKO Programme.

The Participant will have the right to the earning and uploading of Points for an amount calculated according to their own level of participation and membership (hereinafter known as “Status”).

6.2) Purchases made via the on-line shop www.kikocosmetics.com: The Participant will have the right to earn Points for purchases made online on the condition that they have logged into their own personal KIKO online account before concluding the transaction (before beginning the payment process). The amount of Points earned will be calculated according to the logic applicable to their membership Status.

6.3) Levels of participation: “Love” and “Adore”: The earning of Points for every £ 1 spent will take place according to the Status of the Participant, as shown in the table below.

STATUS
POINTS
LOVE
10 KISSES FOR EVERY £ 1 SPENT
ADORE
15 KISSES FOR EVERY £ 1 SPENT

From 23 July 2018, all Participants in the KIKO Programme will begin at “LOVE” Status.

Participants will automatically pass from “LOVE” Status to “ADORE” Status as soon as the overall accumulative value of their purchases made exceeds the sum of £ 199.99 at any point during the duration of the KIKO Programme.

It is highlighted that the method of earning Points will be according to the membership Status of the Participant at the moment of paying for the purchase. The earning of 15 Points for every Pound Sterling spent will be active the first time that the Participant makes a purchase after having obtained the Status “ADORE”.

For example:

if a Participant with the “LOVE” Status and an overall amount spent in the KIKO Programme of £ 55.00 makes a purchase of £ 19.00, they will receive 190 Points (10 KISSES FOR EACH £ 1 SPENT). The Participant will maintain their “LOVE” Status and will continue to accumulate Points for the next purchase in the same manner;

if a Participant with the “LOVE” Status and an overall amount spent in the KIKO Programme of £ 180.00 makes a purchase of £ 25.00, they will receive 250 Points (10 KISSES FOR EVERY £ 1 SPENT). The Participant will pass to the “ADORE” Status. On the next purchase, the Participant will begin to accumulate Points in the manner provided for by the “ADORE” Status.

Purchases made in KIKO Sales Points in the UK and via the online shop www.kikocosmetics.com will all contribute to the reaching of the spending threshold. Any exceptions are listed in article 7.

6.4) During the KIKO Programme, KIKO reserves the right to provide for any additional promotional activities in order to aid the Participant, for example KIKO may award the Participant with bonus points (hereinafter known as “Bonus Points”) according to specific activities or according to the membership Status, such as member get member activity, the purchasing of determined goods and services from one or more Sales Points during a certain period of time, or other promotional and/or marketing activities. The aforementioned initiatives will be duly communicated on the website www.kikocosmetics.com or via other KIKO channels of communication.

6.5) The earning of Points for receipts previously issued or for sales previously made online is not provided for. Additionally, points relative to a transaction concluded without the Participant being identified according to the methods provided for by the KIKO Programme cannot be earned in a successive moment. Furthermore, it is not possible to earn Points in a successive moment to the purchase save for authenticated verification by customer services of the malfunctioning of the systems used by KIKO for the correct assignment of Points.

6.6) Without prejudice to that specifically provided for above, in the case of total or partial restitution of goods or services purchased via the online shop, for which Points have been assigned (for example, in the event that the Participant exercises their right to withdraw or rescinds the contract or in any case returns the goods relative to the purchase for which the Points have been assigned), KIKO will cancel the Points assigned in proportion to the amount reimbursed and according to the Points earned on conclusion of the transaction.

The same right is also valid in the case of abuse, fraud and/or errors in the registration of the operations.
In the case of total or partial restitution of goods or services purchased in the Sales Points for which Points have been assigned (for example in the event that the Participant exercises their right to withdraw or rescinds the contract or in any case returns the goods relative to the purchase for which the Points have been assigned), KIKO, on receiving the return, will issue a credit voucher (or such other form of remuneration as may be required or permitted to KIKO by English law) and will deduct the Points previously assigned on conclusion of the transaction.

6.7) Only Participants who make purchases for their own personal consumption may earn Points. Therefore, Participants registered with VAT numbers who make purchases for commercial or professional activities are excluded.

6.8) Participants can earn Points until 23.59 on 31/12/2019 or, if these Regulations are amended, on conclusion of the KIKO Programme.

6.9) Participants may check their updated balance of Points accumulated:

by consulting their mobile KIKO app in the KIKO KISSES area;

by visiting the website www.kikocosmetics.com in the personal area;

by referring to the receipt of their most recent purchase.

6.10) With regards to the balance of Points, it is underlined that:

Points relative to purchases made at Sales Points will be credited within 24 hours from the moment of purchase;

Points relative to purchases made on the website www.kikocosmetics.com will be credited within 7 (seven) days from the date of purchase;

With reference to Bonus Points, these will be credited according to the timing indicated on each occasion, save for any technical problems which may delay crediting.

7. Exceptions

All products and services available against payment present in the Sales Points or on the website www.kikocosmetics.com (including, for example, shipping costs) allow for the earning of Points according to the membership Status of the Participant and contribute to the reaching of the spending threshold.

Points will not be calculated or credited to Participants for sales lower than £ 1 or for fractions of £ 1. Calculation of Points will be carried out according to the total price of products and services (for example, shipping costs) purchased in a single sale, net of any discounts applied.

For example: with a purchase of £ 1.90, a Participant with “LOVE” Status will earn 10 Points; with a purchase of £ 22.99 a Participant with “LOVE” Status will earn 220 Points; with a purchase of £ 0.50, a Participant with “LOVE” Status will not earn any Points; etc.

For the purposes of identifying the membership Status, the total amount spent by the Participant during the KIKO Programme will contribute to the cumulative amount registered as spent, including fractions of £ 1.

The only exception to this is Gift Cards, for which the following rules apply:

Gift Card
Points earned
Accumulation to total amount spent (Status)
on purchase
NO
YES
on use
YES
YES

8. Nature and indicative value of discount vouchers

For the entire duration of the KIKO Programme, Points earned will only give the right to request discount vouchers (hereinafter known as “Discount vouchers”) to be used for the purchasing of KIKO brand products (except for the Gift Card) at the Sales Points in the UK or on the website www.kikocosmetics.com.
Discount vouchers can be requested from the moment in which the Participant reaches a total number of Points equal to 800, equivalent to £ 4.00. Each additional 100 Points over the minimum amount of 800 Points redeemed are worth £ 0.50 of additional discount.

For example:

800 Points = £ 4.00; 1,000 Points = £ 5.00; 1,200 Points = £ 6.00; 2,000 Points = £ 10.00.

Once Points have been redeemed, the Participant’s Point balance will be updated with the detraction of the Points which have been used. With a Point balance of less than 800 Points, the Participant cannot request any Discount voucher.

9. Procedure for requesting and using Discount vouchers

9.1) Participants can convert accumulated Points into Discount vouchers with a minimum Point balance of 800 Points.

9.2) Use of Discount vouchers in a Sales Point: the Discount voucher must be requested directly at the cash desk at the moment of payment.

9.3) Use of Discount vouchers online: in order to use the Discount voucher, the client must log into the website www.kikocosmetics.com before completing online purchases.

9.4) The Discount voucher will be used at the same time as it is requested, therefore the Participant can no longer revoke the request for the Discount voucher once it has been made.

9.5) The Discount voucher can be used only once, cannot be divided, does not give right to change and cannot be converted into cash or other forms of voucher or credit. In order to request the Discount voucher, the Participant has to make a purchase for an amount which is of a higher value than the value of the voucher itself.

9.6) The amount of the purchase paid with a Discount voucher does not give the right to accumulate Points for the corresponding value.

For example:

Total value of purchase: £ 15

Use of Discount voucher for a value of £ 10

Remaining amount equal to £ 5 paid with other forms of payment allowed

Amount according to which the Points and the membership Status are calculated: £5

9.7) Discount vouchers can be spent up until 23.59 on 31/12/2019, or, if these Regulations are amended, on conclusion of the KIKO Programme.

10. Processing of personal data

The personal data of Data subjects will be processed by KIKO UK Ltd as data controller for the same, in compliance with that provided for by the Regulation (EU) 2016/679 and successive modifications and/or integrations, also through the use of electronic instruments, for the purposes regarding the complete fulfilment of the present Promotion and in accordance with the KIKO Privacy Policy. A copy of the Privacy Policy is available from the KIKO mobile app (in the “Privacy” section) and on the website www.kikocosmetics.com (in the “Privacy” section).

11. The end of the KIKO Programme

The KIKO Programme shall end at 23.59 on 31.12.19, unless it is extended by way of variation to these Regulations in accordance with article 13. After the end of the KIKO Programme, Participants will no longer be able to:

accumulate points on purchases;

spend or request Discount vouchers; or

benefit from other advantages reserved for Participants in the KIKO Programme.

Furthermore:

all Points recorded under the KIKO Programme by Participants shall be reset to zero and will not be carried over or available to use on other KIKO promotions; and

all Discount vouchers will automatically voided and will not be redeemable.

12. Termination of participation in the KIKO Programme

12.1) Participants may terminate their membership in the KIKO Programme at any time simply by contacting Customer Services at the email address customercare-it@customercare.kikocosmetics.com or by providing their telephone number in the dedicated form on the website in order to be contacted free of charge by an operator.

12.2) KIKO may exclude a Participant from the KIKO Programme, revoking their membership in the KIKO Programme with immediate effect for just cause, providing written communication to the Participant containing indications for the relative reasons. Just cause include, for example, the fraudulent or abusive use of the KIKO Programme, or other violations of the Programme Terms or the applicable laws. Said situation will no longer allow the accumulation of Points on purchases made and will lead to the loss of the advantages connected to the participation in the KIKO Programme (using Points to request Discount vouchers and marketing and promotional activities reserved for Participants).

13. Modification of the regulations

KIKO reserves the right to integrate or modify the Regulations, ensuring that any modifications made do not harm the rights acquired by the Participants. Any modifications made will be announced to the Participants via dedicated communications published on the website www.kikocosmetics.com and on the KIKO mobile app.

14. Premature suspension or termination of the KIKO Programme

KIKO may suspend or terminate the KIKO Programme before the date indicated in article 3 solely for just cause. The premature termination and suspension (with the relative consequences) will be communicated to the Participants at least 30 days in advance or, with regards to suspension, with as much advance warning as possible or, at the latest, immediately after the occurrence of the same. Said communication may be made by KIKO via the website www.kikocosmetics.com, via the KIKO mobile app, at the KIKO Sales Points or via other communications relative to the KIKO Programme.

15. Limitation of Liability

The limit of KIKO’s liability under these Regulations and in connection with the KIKO Programme will be exclusively to a Participant who suffers a direct loss as a result of our breach of these Regulations and in those circumstances our sole liability will be to credit to the relevant Participant’s KIKO Programme account such Points as may have been wrongly deducted or should have been credited but were not.

Nothing in these Programme Terms shall operate to limit any liability we may have for death, personal injury or fraud.

16. KIKO customer services

For any questions or complaints regarding the KIKO Programme, the Participants can contact KIKO Customer Services or consult the “FAQ” (Frequently-Asked Questions) on the website www.kikocosmetics.com or via the KIKO mobile app.

Requests for clarifications regarding one’s Point balance must be made to Customer Services within 5 days for purchases made in Kiko Sales Points and within 15 days for purchases made online on www.kikocosmetics.com.

17. Governing Law and Jurisdiction
These Regulations and any dispute, claim, or non-contractual obligations arising out of or in connection with them or their subject matter shall be governed by and construed in accordance with the law of England and you irrevocably agree that the courts of England shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Regulations or their subject matter.

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