1. Background
1.1 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.
1.2 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.
1.3 Our Customer Service team can be contacted by e-mail at: customercare-us@kikocosmetics.com
2. Acceptance of the Terms of Sale
2.1 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.
2.2 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.
3. Products
3.1 The Website sells cosmetics, body care products, make up and, related accessories exclusively under the KIKO brand (hereinafter, the “Products”).
3.2 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.
3.3 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.
3.4 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.
3.5 In the event of a difference between the image and the written product specifications, the written product specifications will always prevail.
3.6 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 guaranty 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.
4. Orders
4.1 Clients may purchase the Products on the Website by complying with the procedures explained in this section.
4.2 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.
4.3 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.
4.4 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.
4.5 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.
4.6 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.
4.7 Risk of loss and title for the Products pass to the Client upon KIKO’s delivery of the Products to the carrier.
4.8 Orders in excess of $39 will be eligible for free shipping via the method selected by KIKO. For technical reasons, there is a minimum order requirement of $15.
4.9 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.
4.10 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.
4.11 Orders are processed Monday through Friday, excluding national holidays. Orders may take up to one (1) business day to get processed. Orders received by 10am EST for Standard and Ground shipping are typically processed on the same day. For same day shipping and processing for 2nd Day and Next Day shipping we recommend to place the order before 12 Noon EST. Orders larger than $100.00 may take longer to get processed.
4.12 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 30 minutes of the Order’s submission by signing into the My Account area under the “Locate My Orders” tab. Clients who are not registered or made a purchase while not logged into their account may check their Order content and status by contacting KIKO Customer Service via one of the methods set out in paragraph 1.3 above.
4.13 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.
5. Product Pricing
5.1 All prices are indicated on the Website in U.S. Dollars and are effective in the U.S. only. All prices are exclusive of shipping costs and sales tax, where applicable. Shipping expenses and sales tax are applied at the time of checkout, as the cost for each shipment and the applicable sales tax will vary according to the shipping address and, with respect to shipping only, the method selected. The amount that appears on the payment page at the time of checkout may differ as a result of sales taxes actually charged and indicated on the invoice Client will receive with the shipping confirmation e-mail.
5.2 Upon placing an Order, Clients may choose to have the Products gift-wrapped for the additional cost of $3.90.
5.3 In the event that any items on the Website are mispriced, KIKO shall have the right to refuse or cancel any orders placed for products listed at the incorrect price. KIKO shall have the right to cancel any such orders whether or not the Client has received an order confirmation or paid for the Order. If the Order is cancelled by KIKO after payment has already been made, KIKO will promptly refund the amount of the incorrect price to the original form of payment.
6. Payment
6.1 As described in more detail below, payments for Products may be made exclusively by KIKO gift cards, Credit Card or PayPal or any combination thereof. During the checkout phase, Client will be asked to insert any promotional codes or offers Client has received. The system will automatically change the total order amount, deducting any discounts or allowances. Only one promotional code can be used per order and promotional codes cannot be redeemed for cash or credit.
6.2 Payment Methods
Credit Cards
KIKO accepts the following credit cards as form of payment: Visa, Mastercard, American Express and Discover.
All credit card information is transferred in encrypted form using the SSL (Secure Socket Layer) protocol to protect it from interception by outside parties.
When the order is placed on the Website, KIKO will request an authorization from the respective credit card provider in the amount authorized by the Client (the issuer of the credit card may send an SMS/e-mail to the Client at this time).
This authorization confirms the availability of the funds, but we generally do not charge your credit card until the Order has entered the shipping process.
This guarantees that the order amount is debited on the credit card only once the Products are prepared for actual shipment and, in the case of partially completed Orders, only for the amount relating to the Products being shipped.
PayPal
PayPal is a quick and secure payment system.
Once the Order is completed and PayPal is selected as the payment method, the Client will be redirected to the PayPal website where they can access their account by entering their personal e-mail address and password.
If the Client chooses to register on the Website, payments can be made through PayPal without having to re-enter the information for future purchases.
PayPal will send a confirmation e-mail for each transaction made using this method.
Please note that the amount of the Order will be debited from Client’s PayPal account when the Order has entered the shipping process. When the Order is placed on the Website, an authorization request will be sent simply to verify whether the Client's PayPal account has the available funds, without any debit being made.
Gift Cards
KIKO Gift Cards are available for in-store purchase only. More detailed information about KIKO Gift Cards is available in the FAQs section of the Website.
7. Shipping Methods and Charges
7.1 KIKO agrees to deliver the Products, subject to availability, without undue delay. Products are delivered by way of courier, and delivery times vary depending on the method of shipment and the shipping destination. All delivery dates indicated at the time the order is placed are approximate.
7.2 KIKO ships domestically in the U.S. only. KIKO does not ship to Alaska, Hawaii, Puerto Rico, Guam, U.S. Virgin Islands or to any other U.S. territory or outside of the United States. KIKO does not ship to P.O. boxes or APO/FPO/DPO addresses. Delivery is made without an appointment.
7.3 Clients may choose among the following shipping options:
- Standard (FedEx, USPS) - Cost: $7.50 (free for orders from $39.00) - Approximate delivery time: 4-8 business days;
- Ground (FedEx) - Cost: $12.90 - Approximate delivery time: 3-7 business days;
- Express 2nd Day (FedEx) - Cost: $25.00 - Approximate delivery time: 2 full business days;
- Express Next Day (FedEx) - Cost: $25.00 - Approximate delivery time: 1 full business day.
Certain items containing hazardous substances are required by the U.S. Department of Transportation to be shipped by ground transportation only; therefore, such Products will only be available for shipping via ground transportation.
7.4 KIKO will not be liable to the Client for any delays in fulfilling the Order or delivering the Products due to circumstances beyond the reasonable control of KIKO.
7.5 The ordered Products will be sent to the shipping address specified by the Client. Once KIKO has shipped the Products, the Client will receive a shipment confirmation e-mail.
7.6 Deliveries are made Monday through Friday, during normal business hours, except on national holidays, according to the terms and conditions set forth by the courier. To guarantee that orders will ship the same day for 2nd Day or Next Day shipping, orders must be received by KIKO by 12 Noon EST. Delivery is deemed to have been completed when products are delivered to the client at the address specified on the order. We are not responsible for lost merchandise during and after the delivery process. Please contact the shipping company if any problem would arise. More detailed information about KIKO shipping policies is available in the FAQs section of the Website.
7.7 When "Standard Delivery" is selected by Client, if the Products cannot be delivered due to absence of the recipient at the specified address, the postal worker will leave a delivery card and the shipment will be available to pick up from the Post Office for approximately ten (10) working days. After this period, the products will be returned to KIKO. In the case of "Express Delivery", if the Products cannot be delivered due to absence of the recipient at the specified address, the courier will attempt to contact the Client to reschedule delivery. If no contact can be made, the courier will attempt to redeliver and, if this is unsuccessful due to absence of the recipient, the courier will make a further attempt to contact the Client to schedule a new delivery time. If the courier is unable to contact the Client within five (5) working days or in the event of a further failure to deliver due to absence of the recipient, the Products in the order will be returned to KIKO. Once 30 (thirty) days have elapsed from the date the Products listed in an order were returned to KIKO because it was not possible to complete the delivery, the Order will be cancelled. KIKO will then proceed to refund the amount paid by the Client, net of the costs incurred to ship and return the Products to KIKO and any expenses related to the storage of the Products by the courier.
7.8 The Client will be notified that the Order has been cancelled via e-mail, which will also include the amount of the actual refund. The refund amount will be credited to the original payment method used by the Client for the purchase.
7.9 At the time of delivery of the Products, the Client is required to carefully check:
(a) that the tamper-proof label is intact and the packaging has not been damaged or otherwise altered; and
(b) that the number of delivered pieces matches the amount indicated in the shipping document.
7.10 The Client must immediately report any damage to the tamper-proof label, to the packaging or to the Products or if the number/type of Products delivered do not match those ordered, by contacting KIKO’s Customer Service via one of the methods set out in paragraph 1.3 above, identifying the Order for which these problems occurred.
7.11 Events outside the reasonable control of the parties, including but not limited to unavailability of means of transportation and unforeseen or unavoidable events (e.g. natural disasters, extreme weather, industrial action) that result in a delay in deliveries or make deliveries difficult or impossible or cause significant increases in KIKO's delivery expenses, will give KIKO the right to split up, resend or cancel the Order, in full or in part. In these cases, KIKO must immediately inform the Client of its decision by sending an e-mail to the address provided by Client and, in cases of full or partial cancellation, KIKO’s only obligation shall be to refund the Client for any sums already paid. The Client shall have no other claims against KIKO for any reason.
8. Return policy
8.1 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 full refund. A $9.99 restocking fee may apply if the value of merchandise is $10.00 or lower. 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. Products bought on SALE are not eligible for return/refund. Items returned after the return period or returned items bought on sale will not be refunded and will not shipped back to the customer.
8.2 To request a return, the Client must inform KIKO by contacting Customer Service and providing the order number and the reason for requesting a return (the “Return Request”), before the expiration of the Return Period. The Client must complete the Return Form provided by KIKO and enclose it in the package. KIKO will not be liable for any loss of or damage to Products returned.
If the return qualifies for free returns the cost of the return will be absorbed by KIKO, otherwise the direct costs of returning the Products will be paid by the Client by deducting the cost of the return shipping from the Client’s refund.
8.3 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, unless it is expressly agreed otherwise.
8.4 KIKO will not exchange items purchased on the Website, except in the case of damaged or defective Products.
8.5 KIKO shall have the right to amend its return, refund and exchange policy at any time, without notice.
9. Product non-compliance and defective products
9.1 Subject to paragraphs 3.3, 3.4 and 3.5 above, in the event that the purchased Products do not match the description published on the Website or a Product is delivered defective or broken, to make a claim, Clients must contact KIKO Customer Service with the following information: the type of defect or non-conformity, the batch number (the four-digit code on the packaging) and submit a photograph illustrating the problem. If KIKO in its sole-discretion determines that the item is defective in accordance with this section, KIKO will refund the Client for such item and will contact the Client with the refund options available. Clients may select from the refund methods at their discretion.
9.2 If the defective Product was purchased in-store, exchanges may be made at the store location where the Product was purchased, by presenting the Product and the original purchase receipt. The store staff will assess the defect and report it to KIKO’s Quality Control Department, and arrange for the Product to be replaced with any other item of the same price.
10. Processing of Personal Data
KIKO processes Client-related information in accordance with the provisions of existing data protection laws, as detailed more specifically in section of the Website entitled “Your Privacy Rights”.
11. Communications and claims
All communications or claims from Clients to KIKO relating to Orders can be communicated by contacting Customer Care.
12. Applicable law and Place of jurisdiction
12.1 These Terms of Sale as well as any other contract entered into with the Client are governed by New York law (without giving effect to its conflicts of law principles).
12.2 Any controversy arising from or relating to the interpretation, execution, validity or efficacy of these Terms of Sale and of any other contract entered into with the Clients will be submitted to the exclusive jurisdiction of the City of New York, State of New York courts.