Terms of sale

These General Terms and Conditions of Sale (hereinafter referred to as "General Terms and Conditions") govern the purchase of "KIKO Milano" products, made offsite, via the online website www.kikocosmetics.com (hereinafter, the "Site") or through the "KIKO Milano" web application (hereinafter, the "Web App").

The owner of the Site and the Web App is KIKO S.p.A. (hereinafter referred to as “KIKO") with registered office at Via Giorgio e Guido Paglia nr. 1/d – 24122 BERGAMO, Tax Identification and Bergamo Business Register no. 12132110151, VAT no. 02817030162, Economic and Administrative Index no. 325221.

In order to proceed with the purchase of Products through the Site and/or the Web App, the Customer (as defined below) must be at least eighteen years of age or, if a minor, must declare to be duly authorised by his/her parents or in any case by a person exercising parental authority. Furthermore, the Customer (as defined below) declares that he/she is a "consumer" as defined in the Italian Consumer Code (Legislative Decree no. 206/2005), that he/she is an individual and that the Products are intended for strictly personal use only and that the purchase of the same is not made in the course of his professional activity. 

1. All purchase of Products made through the Site and/or the Web App (hereinafter, the "Purchase Agreement" or the "Purchase Contracts") by users accessing it (the "Customer” or "Customers") are governed by these General Terms and Conditions as well as by the Italian Consumer Code (Legislative Decree no. 206/2005), Section II Distance Contracts (Art. 50 - 67) and by Italian e-commerce laws (Leg. 70/2003).

2. By concluding Purchase Contracts, the Customer accepts and undertakes to observe these General Terms and Conditions.

3. The Customer is therefore obliged, before making any transactions, to carefully read these General Terms and Conditions which KIKO makes available to them, also for the purpose of enabling the replication and archival of them in compliance with the provisions of article 12, paragraph 3 of Legislative Decree no. 70/2003.

4. KIKO may amend the content of the General Terms and Conditions at any time and without prior notice. The General Terms and Conditions published on the Site and in the Web App at the time of conclusion of the Purchase Agreement by the Customer shall apply to each individual Purchase Agreement.

1. The Site and the Web App are telematic tools for the sale of products exclusively under the KIKO brand and related beauty services (the "Products"and individually "Product").

2. All Products offered are illustrated in detail on the Site and in the Web App, within the respective sections, separated by Product categories.

3. The visual representation of Products on the Site and Web App is provided for illustrative purposes only and generally consists of a photographic image of the Products. Such representations serve the sole purpose of presenting the Products for sale, with no promise or guarantee, on the part of KIKO, that the actual Product will look exactly like the image shown on the Site or Web App, with particular reference to the actual size and/or colour of the Products and/or packaging.

4. In the event of a discrepancy between the image on the Site and/or the Web App and the relevant product sheet, the description in the product sheet shall always prevail.

5. The Customer is now informed and accepts that it is up to KIKO, at its sole discretion: to set quantitative limits on the number of Products, including for individual references, that may be purchased under each Purchase Agreement and to set limits on the maximum value of each order and resulting Purchase Agreement that may be concluded by the Customer.

6. Products purchased via the Site and/or Web App by the Customer are for personal use only. The Customer is not permitted to sell or resell the Products received. KIKO reserves the right to reduce or cancel any Purchase Agreement if it considers that the Customer 's conduct may violate the General Terms and Conditions.

1. Sales offers for Products, as well as their prices, are valid as long as they are accessible on the Site and/or Web App, subject to their availability. A Product that has become unavailable will be indicated as such.

2. In the event that the Product becomes unavailable after placing the order, the Customer will be promptly notified via e-mail to the address provided during purchase, and will be refunded the amount of the unavailable Product to the credit card used for payment.

• The Customer can purchase Products from KIKO's electronic catalogue on the Site and/or Web App by complying with the technical access procedures set out therein.

• In order to make a purchase of Products on the Site and/or Web App, the Customer may use their ‘customer account’ or "My Account" or proceed directly to the purchase in "Guest" mode without using an account. Purchasing via the 'customer account' will allow the customer to track the progress of his order. Furthermore, having a 'customer account' will allow the customer to take advantage of any exceptional discounts and promotions reserved exclusively for 'customer account' holders. If the customer is already registered and thus has a 'customer account', they must log in on the Site or Web App by entering the access data created during the registration phase. The Customer must fill in the order form available on the Site or Web App, following the instructions therein. Purchase orders must be completed in full. To place an order, simply add the desired Products to the 'Shopping Cart' by clicking on the button provided for that purpose, having previously chosen the quantity and/or colour of the Product desired. The contents of the shopping cart can be accessed at any time by clicking on the "Shopping Cart" button on each page of the Site and/or Web App and the Customer can change the quantities and delete Products if they wish or deem it necessary. At the end of the order and before payment, the Customer will be presented with a summary of the Products in the order, also indicating any shipping costs. After adding all desired products to the Shopping Cart, choosing the delivery method, consulting and accepting the shipping costs, and filling in the billing information, the Customer may proceed with the purchase according to the provided payment methods. To this end, once the order has been confirmed by clicking on the designated button, the Customer will be redirected to the payment page to make the payment in accordance with the modalities set out in Article 6 below "Receipt and Modalities of Payment".

1. All Product prices are clearly indicated on the Site and/or Web App and include VAT.

2. The applicable prices are those in force at the time the order is validated on the Site and/or Web App. Delivery costs are clearly highlighted during the order. The amount of delivery costs varies depending on the delivery method chosen and the total amount of the order.

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1. KIKO UK issues a receipt for the purchased Products when the Products are handed over to the courier, shipper, or any other party appointed by KIKO UK for delivery (the “Courier”) for shipment and sends it via email to the Customer’s email address. The information provided by the Customer is binding for issuing the receipt. Any change to this information will not be made after the issuance of the receipt.

2. As set out below, payments by Credit Card and PayPal require only authorisation or a reservation of funds without actual debit when the Customer places the order. The Payment is debited only when the Products are delivered to the Courier for shipping and the receipt is issued as set out in paragraph 6.1.

3. Payment for Products purchased on the Website and/or the WebApp can be made by: Credit Card, PayPal, Google Pay, Apple Pay, Klarna, Amazon Pay (and/or other means of payment which are provided for on the Website and/or the WebApp) or Gift Card according to the conditions set out below.

Credit Cards

KIKO UK accepts the following credit cards: Visa, Mastercard and American Express, as well as come prepaid cards such as PostePay. All Credit Card data is transferred in encrypted form using an SSL certificate and cannot be intercepted by external parties. Entry of the Credit Card data takes place directly on the bank's website for maximum security. When an order is made on the Website and/or the WebApp a payment authorisation is requested for the order amount. The payment authorisation is a reservation of the order amount. The order amount is not immediately charged to the Credit Card. When the order is handed over to the Courier, the order amount shall be charged. This ensures that the amount is charged to the Credit Card only upon shipment of the Products and only for the amount related to Products actually shipped.

PayPal

PayPal, a company of the eBay group, is a fast and secure payment system. Once an order is completed and PayPal is selected as payment method, the Customer will be redirected to the PayPal website where the Customer will access their personal PayPal account. Once registered, payments can be made via PayPal without having to log in again. When using PayPal the order amount is directly debited to the credit card (Visa, Visa Electron, Mastercard, American Express) or prepaid card (PostePay) assigned to the Customer’s PayPal account. PayPal protects its Customer’s information and does not transmit any financial information. For each transaction executed via PayPal, PayPal will send a confirmation email. It is specified that the order amount is charged to the PayPal account when the order is handed over to the Courier. When the order is placed on the Website and/or the WebApp, the system will send only an authorisation request in order to check the availability on the Customer's PayPal account, without any charge. In the case of cancellation of an order, the order amount is refunded to the Customer's PayPal account.

Google Pay

Google Pay allows transactions using a virtual account number issued by the bank, representing a credit or debit card registered on Google Pay.

Apple Pay

Apple Wallet is an iOS app which securely and conveniently organises credit and debit cards, transport subscriptions, boarding passes, tickets, ID cards, keys, loyalty cards, and more, all in one place. With Apple Pay, the Customer may create a virtual copy of their personal card on an iOS device. Apple Pay uses the information on the iOS device in order to make payments on the Website and the WebApp.

Klarna

Klarna is a credit product which allows a Customer to spread their payment in three equal instalments. Klarna will make the payments directly from the Customer's debit or credit card.

Amazon Pay

Amazon Pay is a service which allows a Customer to use the payment methods already associated with their Amazon account to make payments for goods and services.

KIKO Gift Card

The Customer may use a "KIKO Gift Card" to make a payment by selecting “Gift Card” as the payment method within the "Check Out" section and (after choosing the shipping method) entering the number below the Barcode and the Security Code. For the Gift Cards’ terms of use, please refer to the “Frequently Asked Questions” section of the Website.

1. KIKO undertakes to deliver the Products without undue delay and in any event no later than thirty days after the conclusion of the Purchase Agreement. The delivery of the Products will be made by courier, and the timing will vary depending on the destination. The terms indicated at the time of ordering are in any case indicative.

2. In accordance with the provisions of EU Regulation 2018/302, it will also be possible for Customers who are citizens of the European Union but not residing in Italy to purchase Products on the Italian Site and Web App. The Customer (Italian and/or resident in an EU member state) is nonetheless aware and accepts that KIKO delivers Products exclusively across Italy to the address specified by the Customer and/or at pick-up points referred to in Art. 7.4 bis (present in Italy), and delivery will be made without an appointment.

3. No liability, for any reason whatsoever, may be charged by the Customer to KIKO in the event of any delay in processing the order or delivering the Products covered by the Purchase Agreements.

4. The ordered Products will be sent to the postal address specified by the Customer. Upon delivery of the Products by KIKO to the courier in charge, an e-mail confirming the shipment will be sent to the Customer. 4 bis. - Delivery at a pick-up point. The Customer shall be free to choose to receive the Products at one of the pick-up points selected during the conclusion of the Purchase Agreement. Delivery shall be deemed completed when the Products are delivered at the collection point chosen by the Customer. Based on the information indicated by the Customer in the Purchase Agreement, the Customer will be informed by e-mail and/or SMS of the arrival of the package containing the Products. If delivery of the Products to the collection point selected by the Customer is not possible, they will be delivered to the nearest collection point after informing the Customer. Such a change shall not entitle the Customer to any reimbursement. The Products will remain at the Customer's disposal at the collection point for a period of 7 calendar days. After this period, the Products concerned will be returned to KIKO. KIKO shall reimburse the sum paid by the Customer minus the costs of returning the Products and the costs of their storage. The termination of the Purchase Agreement and the amount of the refund will be communicated by e-mail. The refund amount will be credited to the means of payment used by the Customer for the purchase. The Customer may only collect the Products following the completion of the 'collection receipt' that will be handed to them at the collection point. The Customer must indicate the order code (contained in the order confirmation email sent by KIKO), the shipping code (sent by the courier) as well as the name, surname and ID number of the person collecting. In the absence of this information, the package containing the Products shall not be delivered to the Customer.

5. Deliveries of Products shall be made from Monday to Friday, during normal business hours, excluding national holidays, according to the modalities indicated by the courier chosen by the Customer. Delivery is deemed completed when the Product is made available to the Customer at the address specified in the order form, without prejudice to what is specified in Article 7.4bis above. In the event of non-delivery due to the absence of the addressee at the specified address, the courier will send a warning e-mail and will attempt a new delivery in accordance with the predetermined method. If the new delivery cannot be made due to the absence of the recipient, the Products shall be returned to KIKO and the Customer shall be reimbursed. Once 30 (thirty) days have elapsed from the date on which the Products subject to the order have been returned to KIKO due to the impossibility of executing the delivery, the relevant Purchase Agreement shall be deemed terminated and the purchase order cancelled pursuant to article 1456 Civil Code. KIKO shall proceed to refund the sum paid by the Customer.

6. The termination of the Purchase Agreement and the amount of the refund will be communicated to the Customer via e-mail. The refund amount will be credited to the means of payment used by the Customer for the purchase. In the event that, before the expiry of thirty days, the Customer asks to receive the purchased Products again, KIKO will proceed with the new delivery subject to charging, in addition to the costs of delivery, the costs of returning the Products to KIKO and the costs of storage.

7. Upon delivery of the Products by the courier appointed by KIKO (i.e. upon collection at the pick-up point), the Customer is required to scrupulously check: a) that the anti-abrasion label is intact and the packaging is not damaged or in any way altered; b) that the number of items delivered corresponds to the number indicated in the transport document.

8. Any damage to the anti-abrasion label, packaging and Products or the mismatch in the number of pieces/packages or indications must be reported immediately by the Customer , who may contact KIKO via Customer Service specifying the order for which such misunderstandings occurred, using the web form on the Site and/or the Web App.

9. Cases of force majeure (such as, but not limited to, supervening laws, regulations and other measures of public authority, wars, embargoes, fires, floods, explosions, earthquakes, pandemics, epidemics, strikes, etc.), unavailability of means of transport, as well as unforeseeable or unavoidable events that cause a delay in deliveries, make deliveries difficult, impossible or cause a significant increase in the cost of delivery for KIKO, shall entitle KIKO to split, postpone or cancel all or part of the scheduled delivery or to terminate the Purchase Agreement. In such cases, KIKO shall promptly and adequately give notice of this decision via the e-mail address indicated by the Customer, and the latter shall be entitled to a refund of any price already paid, excluding any further claim, for any reason whatsoever, against KIKO.

1. Any discount voucher or promotional code may be entered when the Customer completes the purchase order within the "Bag" section. The system will update the total order amount, net of the voucher value.

2. The discount voucher may be combined with other offers only where expressly indicated.

1. The Customer, subject to the exclusions set out in Article 59 of the Consumer Code (as explained below), has the right to withdraw from the Purchase Agreement, at his or her discretion, within 30 days of receipt of the Products (hereinafter referred to as the ";Withdrawal Period") as specified in this paragraph 9.

2. To exercise the right of withdrawal, the Customer must fill in the 'Withdrawal Form' available on the Site and the Web App at the following link or, if registered, in the 'My Purchases' section within the Withdrawal Period.

3. If the Customer exercises the right of withdrawal within the Withdrawal Period, all payments made to KIKO relating to this Purchase Agreement will be refunded, including any delivery costs. Refunds will be made using the same payment method used by the Customer to purchase the Products. In any event, the Customer shall bear no costs, except for the costs indicated in Section 9.4 below.

4. Direct costs for the return/redelivery of Products (e.g. courier transport costs) shall be borne by the Customer.

5. In accordance with the provisions of Article 59 (1)(e) of the Consumer Code (Legislative Decree No. 206 of 6, 20 September 05, as amended and supplemented), the Customer may not in any event exercise the right of withdrawal in the case of sealed Products that, for reasons of hygiene or health protection, have been opened after delivery.

6. If the right of withdrawal is exercised by the Customer for orders and consequent Purchase Agreements relating to promotions and/or prize operations with free products (e.g. 3+3, 2+1, 1+1 etc.), the Customer may only exercise the right of withdrawal with respect to the entire Purchase Agreement relating to such promotion/prize operation, resulting in full reimbursement as set out above: partial withdrawal (and therefore partial reimbursement) from the Purchase Agreement is therefore excluded in such case.

7. Right of withdrawal from the purchase of a Virtual Gift Card. The Customer is entitled to withdraw from the Purchase Agreement of a Virtual Gift Card, without any penalty, within a period of 14 (fourteen) days from the purchase of the relevant Virtual Gift Card, i.e. from the date of receipt of the activation email of the Virtual Gift Card. The right of withdrawal under this paragraph remains expressly excluded and shall not be exercisable with respect to a partially or fully used Virtual Gift Card. In the event of withdrawal, the Customer shall be refunded the payment made for the purchase of the Virtual Gift Card, without undue delay and, in any event, no later than 14 (fourteen) days from the communication of the wish to exercise the right of withdrawal. This reimbursement will be made using the same means of payment used by the Customer when purchasing the Virtual Gift Card.

1. The Products offered on the Site and the Web App comply with national and EU legislation. The images and colours of the Products published on the Site and the Web App may differ from the actual ones due to the local settings of the systems and/or tools used to display them.

2. In the event of a lack of conformity of the Products purchased with respect to the description published on the Site and/or Web App and in the event of a faulty or defective Product, the Customer is entitled to reimbursement of the non-conforming goods, subject to the submission of a specific request via the form present in the "Customer Service" section of the Site and Web App, including detailed information and photographs that highlight the damage or non-conformity of the Product.

3. A communication will follow from the KIKO staff indicating the method of reimbursement, which may take place, subject to agreement with the Customer , also by means of discount vouchers to be used on a subsequent purchase, excluding any further liability of KIKO for any reason whatsoever.

4. The provisions on the legal guarantee of conformity of goods placed upon the Consumer Code shall in any case remain unaffected. (D.Igs. 206/2005, Part IV, Arts.102-135)

KIKO UK is responsible for losses of the Customer caused by KIKO UK breaking the Purchase Agreement, unless the loss is:

• (a) Unexpected. It was not obvious that it would happen and nothing the Customer said to KIKO UK before KIKO UK accepted the Customer’s order meant that KIKO UK should have expected it (so, in the law, the loss was unforeseeable); or

• (b) Caused by a delaying event outside KIKO UK’s control. As long as KIKO UK has taken the steps set out in paragraph 7.10; or

• (c) Avoidable. Something the Customer could have avoided by taking reasonable action; or

• (d) A business loss. It relates to the Customer’s purchase of a Product for the purposes of their trade, business, craft or profession.

For information on the use of personal data, Customers should refer to KIKO's privacy policy within the dedicated Privacy Policy sections on the Sit and Web App. Also available at the following link.

All trademarks (registered and unregistered), as well as any and all work of intellect, distinctive sign or name, image, photograph, written or graphic text, and more generally any other intangible asset (Intellectual Property Rights) protected by laws and international conventions on regulations of intellectual and industrial property, reproduced on the Website or WebApp, remain the exclusive property of KIKO S.pA. and/or its licensors. The Customer has no right to use any Intellectual Property Rights deriving from accessing the Website and/or the WebApp and/or from entering into a Purchase Agreement. Any use, even partial, of the Intellectual Property Rights is prohibited without the prior written consent of KIKO S.p.A.

All communications or any claims by the Customer against KIKO in relation to the Purchase Agreements must be sent by means of the tools indicated and/or present on the Site and/or Web App in the section "Customer Service" section.except as provisions of these General Terms and Conditions.

KIKO, via the Site and/or Web App, offers the possibility of personalising certain Products by engraving a message chosen by the Customer (hereinafter, the "Personalised Products"). With regard to Customised Products, the provisions of the General Terms and Conditions shall apply, subject to any exceptions provided for in this Article. The Customer may find out the type of Products for which the customisation service is available (and, if applicable, the relevant costs if indicated on the Site and/or in the Web App) by consulting the Site and/or Web App. The customisation service is not available in the following cases: - in the event that the message chosen by the Buyer is not appropriate; - in all other cases, if any, specified on the Site and/or Web App. In the event that the customisation service is not available, the Customer will be informed immediately via the Site and/or Web App. The Customer declares that they are aware and accepts that for each Purchase Agreement KIKO reserves the right not to allow the purchase of more than one Customised Product per single reference and colour (e.g. one red lipstick). However, it is understood that for each Purchase Contract the Customer may purchase more than one Customised Product of a single reference but of a different colour (e.g. 1 red lipstick, 1 purple lipstick, etc.). When purchasing Customised Products, the delivery time may be extended by 1 working day. The Customer declares that they are fully aware that, pursuant to Article 59, paragraph 1, letter c), of the Consumer Code (Legislative Decree No. 206 of 6 20 September 2005, as amended and supplemented), the right of withdrawal is excluded in the case of Purchase Agreements relating to Personalised Products. The Customer may personalise the Personalised Products by inserting any message of their liking, provided that such messages are not contrary to the law, public order, decorum, morals, decency and do not violate the rights of third parties: it is understood that the Customer shall hold KIKO harmless and indemnified in the event of any dispute or request by third parties relating to the message contained in the Personalised Products. However, KIKO shall be entitled to decide, at its sole discretion, not to transcribe the message on the Personalised Products if it conflicts with the provisions set out in this paragraph. In such a case, the Customised Product shall be removed from the Purchase Agreement (which shall nevertheless remain valid and effective for all other Products purchased by the Customer) and the Customer shall not be charged for the unmade Customised Product. The Customer shall also be solely responsible for the grammatical correctness of the message inserted in the Customised Products. The size, colour of the text and the side of the Customised Product on which the engraving will be made are predefined by KIKO. Before confirming the order, the Customer is obliged, under his sole responsibility, to verify the correctness of the message entered, since once the order has been confirmed, no further changes can be made.

These General Terms and Conditions and any and all Purchase Agreements entered into with the Customer are governed by Italian law.

Any dispute arising from the interpretation, execution, validity or effectiveness of these General Conditions and of any and all Purchase Agreements shall fall under the jurisdiction of the Court of the place of residence or domicile of the Customer, if located in Italy.