Terms of sale

These General Terms and Conditions of Sale ("General Conditions") apply to the purchase of KIKO Milano products made at a distance: via the website www.kikocosmetics.com\en-gb\ (the "Website"); or through the web app "KIKO Milano" (the "WebApp").

KIKO UK Limited ("KIKO UK"), a company incorporated in England and Wales with registration number 07030612 and having its registered office at 262-264 Regent Street, 1st Floor, London, W1B 3AQ is the legal entity responsible for your purchase, payment, delivery and billing. KIKO UK’s VAT number is GB111 1099 68. KIKO UK is controlled by KIKO S.p.A.

KIKO S.p.A. is the owner of the Website and WebApp as well as the brand “KIKO” with registered office at via Giorgio e Guido Paglia nr. 1/d – 24122 BERGAMO, Tax Code and registration number in the Bergamo Chamber of Commerce 12132110151, VAT number 02817030162, Bergamo Chamber of Commerce registration number 325221 (“KIKO S.p.A.”).

To continue with the purchase of the Products (as defined below) through the Website and/or the WebApp the Customer (as defined below) must be at least eighteen years old. If they are below the age of eighteen they declare that they are authorised by their parent or by a person exercising parental authority.

The Customer declares:

• to be a "consumer" according to the Applicable Laws (as defined below);

• to be a natural person;

• that the Products will be intended strictly for personal use only; and

• that the purchase of Products is not made in the course of their professional or business activity.

1. All purchases of Products (as defined below) made through the Website and/or the WebApp (a "Purchase Agreement" or the "Purchase Agreements") by users accessing it (the "Customer" or "Customers") are governed by these General Conditions as well as by the applicable consumer protection laws in the United Kingdom (the “Applicable Laws”).

2. Before entering into a Purchase Agreement a Customer is required to carefully read these General Conditions that KIKO UK makes available to them. These General Conditions may also be reproduced and stored in compliance with the Applicable Laws.

3. KIKO UK reserves the right to modify the General Conditions. The General Conditions published on the Website and on the WebApp will apply to each Purchase Agreement at the time a Purchase Agreement with a Customer is concluded.

4. By concluding a Purchase Agreement the Customer accepts and undertakes to observe and comply with these General Conditions.

1. The Website and the WebApp are online platforms exclusively for the sale of KIKO branded products and related beauty services (the "Product" or the "Products").

2. All Products are illustrated in detail on the Website and in the WebApp within their respective sections and are classified by categories of Product.

3. Pictures of Products on the Website and/or the WebApp are indicative only and generally correspond to the image of those Products. Any such pictures are for the purpose of presenting the Products for sale only. KIKO UK does not guarantee that such pictures will exactly match the real Product in terms of the Product’s: (a) dimensions; and/or (b) colour aspects; and/or (c) packaging

4. If there is a difference between: (a) the picture of a Product on the Website and/or the WebApp; and (b) the related Product description, the Product description provided shall prevail.

5. KIKO UK may, at its sole discretion, establish a maximum limit on the number of Products which can be purchased by a Customer under a Purchase Agreement or series of Purchase Agreements. KIKO UK may also, at its sole discretion, establish a maximum value of an order under a Purchase Agreement or series of Purchase Agreements.

6. Products purchased on the Website and/or the WebApp are solely for personal use. A Customer is not allowed to sell or resell the Products. KIKO UK reserves the right to terminate any Purchase Agreement or series of Purchase Agreements if it believes that the Customer is in breach of these General Conditions.

1. Prices and sales offers for the Products are valid as long as they are accessible on the Website and/or the WebApp and subject always to availability. Any Product that becomes unavailable will be indicated as such.

2. In the unlikely event that a Product becomes unavailable after KIKO UK has confirmed an order, the Customer will be notified via email to the email address provided during the purchase. The amount paid by the Customer for the unavailable Product will be refunded to the same payment method as was used for payment.

1. The Customer may purchase Products from the KIKO UK e-catalogue available on the Website and/or the WebApp by following the procedure set out in this paragraph 4.

2. To make a purchase of Products on the Website and/or the WebApp, the Customer can: (a) use their personal "Customer Account" under the "My Account" section; or (b) proceed directly with the purchase as a "Guest" without using a Customer Account.

   A Purchase through a Customer Account will allow the Customer to track the status of their order. A Customer Account will also offer the Customer benefits such as exceptional discounts or promotions exclusively for Customers with a Customer Account.

3. If a Customer has a Customer Account they can login to their Customer Account on the Website or the WebApp by entering the email and password created during their registration. The Customer can then complete the order form on the Website or the WebApp following the instructions provided. A purchase order must be filled out fully. Once the Customer has selected the quantity and/or colour of the Product, they can add the selected Products to a "Bag" by clicking on the button.

4. The contents of a Customer’s Bag is accessible at any time by clicking on the "Bag" button on each page of the Website and/or the WebApp. The Customer may modify the quantities and delete Products if required. Before payment is made a summary of the Products contained in the order shall be shown to the Customer together with the shipping costs.

5. Once the Customer has:

   (a) added all of the selected Products to the Bag; (b) selected the delivery method; (c) reviewed and accepting the shipping costs; and (d) filled out all of the required billing information,

   the order shall be confirmed by clicking on the appropriate button and the Customer will be redirected to the payment page to complete the payment with one of the payment methods set out in paragraph 6.

6. The publication of the Products on the Website and/or the WebApp constitutes an invitation to the Customer to make a contractual proposal to purchase the Products. The order submitted by the Customer constitutes a contractual proposal, with full knowledge and acceptance of these General Conditions.

7. Each Purchase Agreement concluded between KIKO UK and the Customer is concluded when the Customer views the confirmation order page on the Website and/or the WebApp ("Thank You Page") which contains the "Order Number" and a summary of the order itself. A confirmation email will be sent to the Customer at the email address provided. KIKO UK will send to the Customer the following e-mails: 1. Confirmation of the order: an email is sent immediately after completing the order and viewing the Thank You Page. This email includes the Order Number for any communication with KIKO UK, a detailed summary of the order with all items. 2. Receipt email: a subsequent email is sent to provide the receipt. 3. Shipment confirmation email: finally, an email is sent when the order is shipped to ensure that the Customer is informed about the progress of their order.

8. The Customer is responsible for the accuracy of the information provided in the email and must promptly communicate to KIKO UK any request for amendment and/or rectification of such information.

9. Any request to modify an order (including the delivery address) by the Customer after the order has been made may mean that KIKO UK will incur additional sums. Any such additional sums will be borne by the Customer. If the purchase was made by the Customer through the Customer Account, the Customer can monitor the progress of the order by logging in to the Customer Account. If the purchase was made by the Customer as a Guest, the Customer can click on the "Track your Order" button on the Website or the WebApp.

10. Occasionally, a Product may be not available. If this happens and the Products selected by the Customer are (in whole or in part) not available, KIKO UK will notify the Customer and the order will be sent with the Products that are available. Any Products which are not available, if paid for by the Customer will be refunded.

11. KIKO UK reserves the right to reject purchase proposals and cancel orders in certain circumstances, such as (but not limited to) in cases where a Product is unexpectedly out of stock or was mispriced by KIKO UK, or anomalies are found in the transactions and/or the payment methods used by the Customer.

12. The Customer may verify the contents of the Purchase Agreements concluded at any time by accessing their Customer Account on the Website and/or in the WebApp or by contacting KIKO's Customer Service here

1. All prices of Products are clearly indicated on the Website and/or the WebApp and are inclusive of VAT.

2. The applicable prices are those in force when the order is made on the Website and/or the WebApp. Delivery costs are clearly highlighted during the order process. The amount of delivery costs depends on the means chosen for the delivery and the total order amount.

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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 UK undertakes to deliver the Products without undue delay and in any case no later than thirty days from the conclusion of the Purchase Agreement. The Products will be delivered by the Courier and the delivery time will vary depending on the destination. Any deadlines indicated for delivery when an order is made are indicative only.

2. In accordance with the Applicable Laws, non-United Kingdom residents may purchase Products on the Website and through the WebApp. If this is the case, the Customer is aware and accepts that KIKO UK delivers Products exclusively within the United Kingdom to the address indicated by Customer. Time frames given for delivery outside of the United Kingdom are estimates only.

3. The ordered Products will be sent to the postal address specified by the Customer. When the Products are handed over to the Courier, the Customer will receive the shipment confirmation email.

4. The delivery of Products will be usually made Monday to Friday during normal office hours and excluding national holidays, according to the methods indicated by the Courier and/or delivery method selected by the Customer. Delivery is considered to be complete when the Products are made available to the Customer at the address specified in the order form and in accordance with paragraph 7.3 above. In the case of non-delivery due to the recipient address not being indicated or incorrect, the Courier will send a notification email to the Customer and attempt a new delivery according to the pre-established methods. If a new delivery as set out above will not be possible due to recipient's absence, the Products will be returned to KIKO UK and the Customer will be refunded.

5. After thirty days from the date on which Products indicated in the order are returned to KIKO UK due to delivery being unable to be completed, the related Purchase Agreement will be considered terminated. KIKO UK will refund the amount paid by the Customer.

6. The termination of the Purchase Agreement and the refund amount will be communicated via email to the Customer. The refund amount will be credited to the same payment method used by the Customer for the initial purchase. If, before the end of the period specified in paragraph 7.5, the Customer requests to receive the purchased Products, KIKO UK will proceed with a new delivery however may charge the Customer for the new delivery costs, the cost of returns and the cost of storage of the Products.

7. When the Products are delivered by the Courier (or at the time of pickup at a pickup point) the Customer is required to carefully check:

   (a) that the tamper-evident label is intact and the packaging is not damaged or altered in any way; and (b) that the number of pieces delivered corresponds to what is indicated in the transport document.

8. If there is any damage to the tamper-evident label, the packaging or discrepancies in the number of pieces/packages, the Customer must immediately notify KIKO UK through the “Customer Service” section of the Website or WebApp by specifying the Order Number for which such damage or discrepancies occurred via the web form on the Website and/or the WebApp.

9. Force majeure events including but not limited to: subsequent legal provisions and regulations or other measures by a public authority or law making body, wars, embargoes, fires, floods, explosions, earthquakes, pandemics, epidemics, strikes, unavailability of transport means, as well as unforeseeable or unavoidable events causing a delay in deliveries or making deliveries difficult or impossible or causing a significant increase in delivery costs borne by KIKO UK, shall entitle KIKO UK to split, postpone, or cancel, in whole or in part, the expected delivery or to terminate the Purchase Agreement. In such cases, KIKO UK will promptly and adequately communicate to the Customer by sending an email to the email address provided by the Customer. The Customer will be entitled to a refund of the total amount already paid by the Customer.

10. If the supply of the Customer’s Product(s) is delayed by an event outside KIKO UK’s control for example, such as events set out in paragraph 7.9, KIKO UK will contact the Customer as soon as possible to let the Customer know and do what KIKO UK can to reduce the delay. As long as KIKO UK does this, KIKO UK won't compensate the Customer for the delay, but if the delay is likely to be substantial the Customer can contact the “Customer Service" section of the Website and/or WebApp to end the Purchase Agreement and receive a refund for any Products the Customer has paid for in advance, but not received.

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 has the right to withdraw from the Purchase Agreement at their discretion within thirty days of receiving the Products ("Withdrawal Period") as specified in this paragraph 9.

2. To exercise the right of withdrawal the Customer must complete the "Withdrawal Form" available on the Website and the WebApp at the following link or in the "My Purchases" section of the Customer Account within the Withdrawal Period.

3. If the Customer exercises the right of withdrawal within the Withdrawal Period, all payments made to KIKO UK related to that Purchase Agreement will be refunded including any delivery cost. Refunds will be made using the same payment method used by the Customer to purchase the Products. The Customer will not incur any costs for withdrawal except for those indicated in paragraph 9.4 below.

4. The direct costs of returning/redelivering the Products (for example; courier transport costs) shall be borne by Customer.

5. The Customer may not exercise the right of withdrawal in any case if the Products are sealed and have been opened (for example the tamper-evident label is broken) after delivery, for reasons of hygiene and/or health protection.

6. If the right of withdrawal is exercised by the Customer for orders and subsequent Purchase Agreements related to promotions with free products (for example; 3+3, 2+1, 1+1, etc.), the Customer may exercise withdrawal exclusively in relation to the entire Purchase Agreement related to such a promotion, with the consequent full refund as indicated above: partial withdrawal (and therefore partial refund) from the Purchase Agreement is excluded in this case.

7. Right of withdrawal from the purchase of a Virtual Gift Card.

   The Customer has the right to withdraw from the Purchase Agreement of a Virtual Gift Card without any penalty within fourteen days from the purchase of the relevant Virtual Gift Card, for example, from the date of receipt of the email related to the activation of the Virtual Gift Card. The right of withdrawal under this paragraph 9 is expressly excluded and cannot be exercised for a Virtual Gift Card which has been partially or fully utilised. In the case of withdrawal under this paragraph 9.7 the payment made for the purchase of the Virtual Gift Card will be refunded to the Customer without undue delay and in any case no later than 14 days from the communication of the intention to exercise the right of withdrawal. The refund will be made using the same payment method used by the Customer for the purchase of the Virtual Gift Card.

1. Products offered for sale on the Website and WebApp comply with the Applicable Laws. The images and colours of the Products published on the Website and WebApp may differ from the actual colours of the Products due to the local settings of the systems and devices used by the Customer for their display.

2. If the Products do not comply with the description published on the Website and/or WebApp and in case of defective or faulty Product, the Customer is entitled to a refund of the non-compliance goods for up to thirty days. The Customer shall send a specific request via the form available in the "Customer Service" section of the Website and/or WebApp, providing detailed information and images highlighting the damage and/or non-conformity of the Product(s).

3. KIKO UK's staff will communicate the refund method which may be through discount vouchers to be used on a subsequent purchase if agreed with the Customer.

4. The provisions regarding the legal warranty of conformity of goods as provided for by the mandatory Applicable Laws are always valid.

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 UK's privacy policy available in the dedicated section of the Website and WebApp, also accessible at the following link. For the services under these General Conditions, KIKO S.p.A is the data controller and it has appointed KIKO UK as its data processor under the applicable data protection laws.

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 complaint from the Customer to KIKO UK regarding a Purchase Agreement and/or Products must be sent via the Website and/or WebApp in the "Customer Service" section, except as otherwise provided in these General Conditions.

1. No other party has any rights under the Purchase Agreement. The Purchase Agreement is between KIKO UK and the Customer. No third party can enforce it and neither KIKO UK nor the Customer will need a third party’s permission to terminate or change the Purchase Agreement.

2. If a court invalidates some of the Purchase Agreement, the rest of it will still apply. If a court or other authority decides that some of these General Conditions are unlawful, the rest will continue to apply.

3. If KIKO UK delays enforcing its rights under the Purchase Agreement, it can still enforce those rights later. KIKO UK might not immediately enforce the terms of the Purchase Agreement for the Customer not doing something (for example paying) or for doing something that the Customer is not allowed to (for example, using the Products as part of its profession), but that doesn’t mean that KIKO UK can’t enforce such terms at a later date.

These General Conditions are governed by the law of England and Wales. A Customer can bring claims against KIKO UK in the English courts. If the Customer lives in Wales, Scotland or Northern Ireland, the Customer can also bring claims against KIKO UK in the courts of the country in which the Customer lives. KIKO UK may also bring claims against the Customer in the courts where the Customer lives.