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TERMS AND CONDITIONS

Terms and Conditions

Background

  1. These General Terms and Conditions of Sale (hereinafter, the "Terms of Sale") govern the sale of products by Kiko USA, Inc. (hereinafter, "KIKO", “us”, “our”, “we”), via the Internet, from the website www.kikocosmetics.com (hereinafter, the "Website") for delivery in the United States only, with certain restrictions. 

     

  2. The Website is owned and operated by KIKO, a Delaware corporation, having any address at 470 Park Avenue South, 15th Floor, New York, NY, 10016

  3. Our Customer Service team can be contacted via our website: www.kikocosmetics.com/en-us/customer-help-center/

 

1. Acceptance of the General Terms of Sale

  • All purchases of Products (as defined below) made through the Website by users who access the Website (hereinafter, the "Clients") are governed by these Terms of Sale. Prior to making a purchase, the Client should carefully read these Terms of Sale. By making a purchase through the Website Client agrees to follow, be bound and comply with these Terms of Sale.

  • KIKO may amend the contents of these Terms of Sale at any time and without prior notice. The Terms of Sale published on the Website at the time a purchase is made by a Client will apply to such purchase. The Terms of Sale are published in English only. A copy will be supplied via e-mail with each order confirmation.

 

2. Products

  1. The Website sells cosmetics, body care products, make up and, related accessories exclusively under the KIKO brand (hereinafter, the “Products”).

  2. The Products offered for sale on the Website are published in detail on the Website, in their respective sections, which are classified by Product category.

  3. KIKO reserves the right to modify, discontinue or remove any Product offered for sale on the Website and/or remove or edit any materials or content on this Website, at any time, without notice to the Clients. Further, the Client acknowledges and agrees that all visual displays or images shown on the Website, including product pages, are shown for informational purposes only and may not be wholly representative of the Products and their features. Products may have slight variations, including, but not limited to, variations in color, size and packaging, from the images shown on the Website, which may, among other things result from the varying devices used to view the Website.

  4. While we have tried to accurately display the colors of Products, the actual colors Clients see will depend on their monitor and may not be 100% accurate.

  5. In the event of a difference between the image and the written product specifications, the written product specifications will always prevail.

  6. Unless required by law, the product descriptions and statements made about our Products have not been evaluated by the U.S. Food and Drug Administration. Further, the Products are not intended to treat, prevent or cure any medical conditions. Clients should carefully read the list of ingredients used in our Products to avoid potential allergic reactions and should consult a physician should any such allergic reaction result from the use of our Products. All Products should be used for their intended purposes in accordance with their instructions. While KIKO makes every effort to maintain the accuracy of its ingredient lists, because ingredients are subject to change, KIKO cannot guarantee that the lists will be complete, up-to-date and error free at all times. Please review the list of ingredients on the Product’s package for accurate and up-to-date information.

 

3. Orders

  1. Clients may purchase the Products on the Website by complying with the procedures explained in this section.

  2. In order to purchase the Products, the Client must fill out and submit the electronic order form available on the Website, following the instructions provided thereon. All required information must be completed in order to make a purchase.

  3. The Client must first add the selected Products to the “Shopping Bag”, view their "Shopping Bag" and, once they have confirmed that they are happy with its contents, click on the "CHECKOUT" button. After providing their personal details, including their billing address, shipping address and payment information, choosing the courier, reviewing and accepting the amount of the delivery charges, the Client will be able to proceed with the placement of the order. Note that the Client will receive a choice of payment methods as part of this process – see section 6 below for more information. The exact process for placing an order may vary depending on the payment method selected.

  4. The Client can add or remove items from the Shopping Bag or change the purchaser information, including billing and shipping information, only during the purchasing process. Once an order is confirmed, the Client can no longer make any changes to it. 

  5. Once the operation outlined in paragraph 4.3 is completed, the Client will see a screen appear containing a summary of their proposed order, inclusive of the shipping charges, and will be able to complete their order by clicking on the "CONFIRM PURCHASE" button.

  6. All purchase orders (“Orders”) are subject to written acceptance by KIKO. Receipt and acceptance of an Order by KIKO shall be confirmed by email sent to the email address indicated by the Client when submitting the Order. All email Order confirmations shall include a summary of the purchase and the order number, which must be used in all future communications with KIKO regarding such Order. Regardless of the fact that Client has received an Order confirmation email, Client will only be charged for the Products once the items have been prepared for shipping.

  7. Risk of loss and title for the Products pass to the Client upon KIKO’s delivery of the Products to the carrier.

  8. Orders in excess of $29 will be eligible for free shipping via the method selected by KIKO.

  9. Orders shall be filled in the order in which they are received from Clients, subject to availability. In the event that KIKO, for any reason, cannot fulfill an Order that has already been accepted in writing by KIKO, KIKO shall notify the Client in writing by email and refund the Client any payment or portion thereof that KIKO received for the unavailable product(s). Any Products forming part of the same Order which are still available will be sent and charged to the Client.

  10. KIKO reserves the right, at any time for any reason, to cancel, refuse to process or accept an Order, even after an Order confirmation was sent to a Client. Further, KIKO shall not be liable to Clients or any other third party as a result of its removal of any Product from this Website, the removal or editing of any materials or content on this Website or for refusing to process or accept an Order after it has been received or Client has received an Order confirmation. In the event that KIKO, for any reason, cancels or refuses to process an Order that has already been accepted in writing by KIKO, KIKO shall notify the Client in writing by email and refund the Client any payment or portion thereof that KIKO received for the Order.

  11. Orders are processed Monday through Friday, excluding national holidays.

  12. Clients may register with the Website by completing the registration form made available on the Website by clicking on the link “Register”, which can be found on each page of the Website. Registering with the Website allows Clients to check the content and status of their Orders, at any time, assuming they placed those orders when logged into their account, as well as offering opportunities to take advantage of discounts and promotions. KIKO account holders may cancel an Order placed on the Website within 60 minutes of the Order’s submission by signing into the My Account area under the “My Purchases” tab. Clients who are not registered or made a purchase while not logged into their account may check their Order content and cancel it in 60 minutes by Track Your Order functionality

  13. Clients may not sell or resell any Products purchased on the Website and KIKO reserves the right, with or without notice, to cancel or reduce the quantity of any Order for Products that may, in KIKO’s sole discretion, result in a violation of these Terms of Sale. Except where prohibited by law, we may limit the number of Products available for purchase and we reserve the right to refuse returns of any Products or refuse any future orders from Clients who have carried out an excessive number of returns, beginning from the date of the first return.

 

4. Contract conclusion

  1. The publication of Products on the Website constitutes an invitation to the Client to make an offer of purchase. An order sent by a Client has contractual value and implies complete awareness and acceptance of these General Terms.

  2. Each Purchase Agreement stipulated between KIKO and the Client shall be executed with the sending of the confirmation of the Client's order by KIKO to the e-mail address of the Client. This confirmation message will indicate an "Order Number", to be used in all subsequent communications with KIKO. The message will reiterate, in addition to the information required by law, all the data entered by the Client, who agrees to verify its accuracy and immediately give notice of any corrections. Any extra costs incurred due to incorrect information which was not promptly reported will be the Client's exclusive responsibility.

  3. The Client may view all their orders on the Website in their “Reserved Area”, assuming they placed the orders while logged into their account, or obtain the relevant details by contacting KIKO Customer Service, immediately after sending the orders. KIKO Customer Service can be contacted via the methods set out in paragraph 1.3 above.

  4. Occasionally, some Products offered may be unavailable and, in that case, if the Products selected by the Client are unavailable, KIKO will inform the Client by e-mail, their order for the unavailable Products will be cancelled and, if the Client has already paid for them, they will receive a full refund in relation to those Products. Any Products forming part of the same order which are still available will be sent to the Client and charged for as normal.

  5. KIKO shall be free to accept or refuse any order sent by a Client at its own discretion, without the Client being able to lay claims or rights of any sort, in any capacity, even compensatory, in the event of non-acceptance of the order by KIKO.

    In particular, KIKO reserves itself the right to not accept orders and cancel orders that do not give adequate assurance of solvency or if – even after checking with the network that manages credit card payments – anomalies are found in the transactions and in the payment methods used by the Client.

  6. The Client may verify at any time the content of their concluded Purchase Agreements by accessing their “Reserved Area” on the Website, assuming they placed the orders while logged into their account, or by contacting KIKO Customer Service via one of the methods set out in paragraph 1.3 above. This information will be available for a 12-month period following the delivery date of the Products.

 

5. Return Policy

  1. If a Client is not happy with any Product, Client may return unopened, resalable items in their original packaging within thirty (30) days of order date (“Return Period”) for a refund.. Where Products show signs of use, refunds will not be processed. Products will not be eligible for return/refund if received by KIKO after the expiration of the Return Period. Returns are only possible for items purchased through the Website. Items returned after the return period will not be refunded and will not shipped back to the customer.

  2. To request a return, the Client (if registered) must complete the REQUEST A RETURN AND REFUND form in the My Account section (My Purchases section). If not registered user, the customer can fill in the Request Return form . 

    Instructions for processing the return and obtaining a refund will be provided after the request has been made directly from our Customer Care. 

    It's important to enclose in the package all the information related to the order (order number, items returned). KIKO will not be liable for any loss of or damage to Products returned.  The direct costs of returning the Products will be paid by the Client.

  3. Refunds are generally processed within thirty (30) days from KIKO’s receipt of the returned Products; this timing may vary depending on Client’s financial institution. Refunds will be made using the same method of payment used by the Client for the purchase of the Products

  4. KIKO will not exchange items purchased on the Website. 

  5. KIKO shall have the right to amend its return, refund and exchange policy at any time, without notice. 

  6. Order that include promotion such as free products (e.g. 3+3, 2+1, 1+1), cannot be returned 'partially': the entire order must be returned