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.
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).
By concluding Purchase Contracts, the Customer accepts and undertakes to observe these General Terms and Conditions.
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.
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.
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").
All Products offered are illustrated in detail on the Site and in the Web App, within the respective sections, separated by Product categories.
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.
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.
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.
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.
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.
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".
The publication of the Products displayed on the Site and/or Web App constitutes an invitation to the Customer to make a contractual proposal to purchase. The order sent by the Customer has the value of a contractual proposal and implies full knowledge and acceptance of these General Terms and Conditions.
Each Purchase Agreement entered into between KIKO and the Customer shall be deemed to have concluded when the Customer views the page on the Website and/or the order confirmation on the Web App. (Order confirmation "Thank You Page"), containing the "Order Number" and a summary of the order itself. At the same time, a confirmation email will be sent to the Customer promptly at the address provided. For the sake of clarity, the Customer will receive the following communications - Order confirmation email: sent immediately after the order is completed and the thank you page is displayed. It includes the essential order number for future communication with KIKO, a detailed order summary with all items and a short window to cancel the order. - Email receipt: A subsequent email is sent with the receipt attached. -Dispatch notification e-mail: Finally, an email is sent when the order is dispatched, ensuring that the customer is informed about the progress of their purchase. The Customer undertakes to check the accuracy of the information contained in the email and to promptly notify KIKO if there is any need to amend and/or correct such data. Any request for changes to the order information by the Customer after it has been entered may entail costs that will be borne exclusively 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 connecting to the "customer account"; if the purchase was made by the Customer as a "guest", the Customer can connect to the "Track your order" function on the Site or in the Web App.
Occasionally, an offered Product may be unavailable: in that case, if the Products chosen by the Customer are not, in whole or in part, available, the order will be sent with the remaining available Products after notice has been sent to the Customer regarding the unavailable Products. Unavailable Products, if paid for by the Customer, will be refunded.
KIKO has the right, at its own discretion, to accept or reject the order sent by the Customer, without the latter having any claim or right whatsoever, for any reason whatsoever, including compensation, in the event of non-acceptance of the order.
In particular, KIKO reserves the right to not accept purchase proposals and to cancel orders in certain cases, such as, purely by way of example, the case in which - also following a comparison with the circuit that handles credit card payments - anomalies are found in the transactions and means of payment used by the Customer.
The Customer may at any time check the content of the Purchase Agreements concluded by accessing his or her personal area of the Site, if registered, and/or in the Web App (also within the personal area) or also by contacting KIKO Customer Service.
All Product prices are clearly indicated on the Site and/or Web App and include VAT.
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.
KIKO issues a receipt for the purchased Products when the Products are handed over to the carrier for shipment, sending it by e-mail to the Customer. For the issuance of the receipt, the information provided by the Customer shall be binding. No changes to the data will be possible after the receipt has been issued.
As further detailed below under the relevant points, payments by Credit Card and PayPal only require an authorisation or reservation of money without actual debit at the time the Customer places the order. Payment is therefore only actually charged to the Customer when the Products are handed over to the courier for shipment. KIKO will also issue a receipt for the order at this stage.
Payment for Products purchased on the Site and/or Web App can be made by credit card, PayPal, Google Pay, Apple Pay, Klarna, Amazon Pay (and/or other means of payment that may be provided within the Site and/or Web App), and Gift Card according to the methods specified below. Online credit cards The credit cards accepted are: Visa, Mastercard, American Express. You can also pay with a prepaid card (e.g. PostePay). All data are transferred in encrypted form using an SSL certificate and are therefore not intercepted by external parties. Furthermore, data entry takes place directly on the bank's website, thus guaranteeing maximum security. The amount of the order is not debited from the card immediately, but at a later stage, within the limits authorised by the Customer. When placing an order on the Site and in the Web App, only payment authorisation for the indicated amount is requested (very often an SMS / E-mail is sent to the customer at this time by the bank that issued the card). Authorisation does not imply the debiting of money but merely a reservation of the relevant amount. When the order is placed with the courier, forwarding agent or other party appointed by KIKO for delivery, the amount due shall actually be charged. This ensures that your credit card will only be debited at the time of the physical and certain dispatch of the Products and only for the amount related to the Products actually dispatched. PayPal, an eBay group company, is a fast and secure payment system. Once the order is completed and PayPal is chosen as the payment method, the customer will be redirected to the PayPal site, where they can access their account by entering their personal e-mail address and password. After registration, you can proceed with payments via PayPal without having to re-enter your data, even for subsequent purchases. By choosing to pay via PayPal, the amount is charged directly to the credit card (Visa, Visa Electron, Mastercard, American Express) or assigned prepaid card (PostePay). PayPal protects the customer's information so no financial information is passed on. After each transaction carried out with this method, Paypal will send you a confirmation e-mail. Please note that the amount of the order is debited from your PayPal account at the time the order is taken over by the courier. When placing an order on the Site and/or the Web App, an authorisation request will be made simply to check the availability on the Customer's PayPal account, without any charge. If the order is cancelled, the amount is refunded to the Customer's PayPal account. Google Pay allows transactions to be carried out using a virtual account number issued by the bank, representing a credit or debit card registered with Google Pay. Apple Pay Apple Wallet is an app on iPhone and Apple Watch that securely and conveniently organises credit and debit cards, transport passes, boarding passes, tickets, ID cards, keys, loyalty cards and more, all in one place. With Apple Pay, customers can create a virtual replica of their card on their iOS device. This allows the iOS device to be used to make payments on the Site and the Web App. Klarna Payment in 3 instalments with Klarna is a credit product that allows the customer to defer the cost of purchasing products in 3 equal payments. Klarna will make payments directly from the customer's debit or credit card. Amazon Pay Amazon Pay is a service that allows customers to use the payment methods already associated with their Amazon account to make payments for goods, services. KIKO Gift Card The Customer can use a "KIKO Gift Card" for payment by selecting in the "Check out" section Gift Card as the payment method and (after choosing the shipping method) entering the number below the Barcode and the Security Code. For the conditions of use of Gift Cards, please refer to what is contained at Frequently Asked Questions section section of the Site.
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.
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.
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.
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.
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.
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.
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.
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.
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.
Any discount vouchers or promotional codes may be entered when the Customer fills out the purchase order in the 'Shopping Cart section'. The system will update the total amount of the order minus of the value of the voucher.
The discount voucher may only be combined with other commercial initiatives where this is expressly stated.
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.
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.
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.
Direct costs for the return/redelivery of Products (e.g. courier transport costs) shall be borne by the Customer.
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.
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.
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.
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.
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.
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.
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)
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 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.
All trademarks (whether registered or unregistered), and any and all intellectual works, distinctive marks or names, images, photographs, written texts or images and, more generally, any other intangible asset protected by international laws and agreements on intellectual and industrial property, reproduced on the Site and/or Web App shall remain the exclusive property of KIKO and/or its predecessors-in-interest, without any rights being derived by the Customer from access to the Site and/or Web App and/or the conclusion of Purchase Agreements. Any full or partial use thereof is prohibited without the prior written consent of KIKO, which exclusively reserves all related rights.
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.
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.
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