CONDIZIONI GENERALI DI VENDITA KISS-ME COSMETICS LTD.

1. BACKGROUND

1.1 These General Terms of Sale (hereinafter, the "General Terms") relate to the remote purchase of products, via the Internet, from the website www.kissme-cosmetics.com (hereinafter, the "Website").

1.2 The owner of the site is KISS-ME COSMETICS LTD (hereinafter, "KISS-ME"), a company registered in England and Wales under company number 10991208 and with registered offices at 120 Cutenhoe Road - LUTON - England LU1 3NF. Our VAT number is GB 283 24 05 13.

2. ACCEPTANCE OF THE GENERAL TERMS OF SALE

2.1 All purchases of products carried out through the Website (hereinafter, the "Purchase Agreements") by users who access the Website (hereinafter, the "Clients") are governed by these General Terms.

2.2 Prior to carrying out any purchase, the Client is therefore required to carefully read these General Terms.

2.3 At the execution of the Purchase Agreement the Client agrees and undertakes to comply with them.

2.4 KISS-ME may amend the contents of these General Terms at any time and without prior notice. The General Terms published on the Website at the time a purchase is made by a Client will apply to each individual Purchase Agreement.

3. PRODUCTS

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

3.2 The visual display of Products on the Website, where available, has an approximate value only, and it is usually in the form of a photo image of the Products themselves, with the sole purpose to present them for sale, without any guarantee or commitment by KISS-ME regarding the exact match of the image depicted on the Website with the actual Product; this specifically refers to the actual dimensions and/or colours of the Products and/or their packaging. In case of a difference between the image and the written product specifications, the latter will always prevail.

3.3 All the Products on sale are illustrated in detail on the Website, in their respective sections, which are classified by Product category.

4. PURCHASING PROCEDURE

4.1 The Client may purchase the Products in KISS-ME's e-Catalogue, which are illustrated in detail on the Website in the corresponding product category sections, as described in the relative product specifications posted on the Website, by complying with the procedures explained in this paragraph.

4.2 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.

4.3 In order to purchase the Products, the Client must fill out and send to KISS-ME the electronic order form available on the Website, following the instructions provided on said form. The form must be duly filled out in all parts. At the end of the registration process the Client will receive an e-mail with the registration confirmation.

4.4 The Client will first have to add the selected Products to the “Shopping Cart”, view their "Shopping Cart" and, once they have checked 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, and seeing and accepting the amount of the delivery charges, the Client will be able to proceed with placing their order.

4.5 Should the Client need to change their proposed order or certain data contained in it, they will have to follow the special procedure explained on the Website. Specifically, the Client will be entitled to change the quantity of the Products being purchased, adding or eliminating one or more Products from the Shopping Cart.

4.6 Once the operation outlined in paragraph 4.4 is finished, the Client will see a screen appear containing a summary of their proposed order,  inclusive of the shipping charges, will be able to choose the payment method between Paypal, Credit Cards or Cash on Delivery and send their order by clicking on the "CONFIRM PURCHASE" button.

4.7 Each Purchase Agreement stipulated between KISS-ME and the Client shall be executed with the sending of the confirmation of the Client's order by KISS-ME to the e-mail address of the Client. This confirmation message will indicate an "Order Number," to be used in all subsequent communications with KISS-ME. 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.

4.8 The Clients may view all their orders on the Website in their Reserved Area, immediately after sending the orders. The order can be annulled up until its dispatch. After the dispatch annulation is no longer possible.

4.9 Occasionally, some Products offered may be unavailable and, in that case, if the Products selected by the Client are unavailable, KISS-ME will inform the Client by e-mail. Their order for the unavailable Products will be sent to the Client as soon as the Products will be available and charged for as normal.

4.10 As described in more detail in the relevant sections, payments with Credit Card or PayPal exclusively require an authorization, in other words booking the money with no actual charge when the Customer enters the orders. Payment is actually charged to the Customer only when the Products are turned over to the courier in charge of the shipment. At this point, KISS-ME also issues the invoice relating to the order.

4.11 What specified in paragraph 4.10 implies that in case of order annulation no charge will be made, and therefor no refund will be issued.

4.12 KISS-ME 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 KISS-ME.

4.13 In particular, KISS-ME 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.

5. PRODUCT PRICING, INVOICING AND PAYMENT TERMS

5.1 All Product prices are clearly indicated on the Website and include VAT. Shipping expenses are displayed at the time of the order. The cost for each shipment may vary, depending on the shipping and payment methods as well as on the final destination and total order amount.

5.2 KISS-ME ships to all countries indicated on the Website, and delivery is made without an appointment.

5.3 KISS-ME shall issue an invoice (available upon request) for the purchased Products the moment said Products are turned over to the courier for shipping. When issuing the invoice, KISS-ME relies on the information provided by the Client. Once the invoice is issued it will not be possible to make any changes to this information.

5.4 As described in more detail in the relevant sections, payments with Credit Card or PayPal exclusively require an authorization, in other words booking the money with no actual charge when the Customer enters the orders. Payment is actually charged to the Customer only when the Products are turned over to the courier in charge of the shipment. At this point, KISS-ME also issues the invoice relating to the order, as specified in paragraph 5.3.

The purchased Products may be paid by means of Credit Card, PayPal, C.O.D. or, when available, Gift Card, according to the methods specified here below:

Paypal - PayPal, an eBay group company, is a quick and secure payment system.
Once the order is completed and PayPal is selected as the payment method, the buyer will be redirected to the PayPal website where they can access their account by entering their personal e-mail address and password.
After registration, payments can be made through PayPal without having to re-enter the information for future purchases. PayPal will send a confirming e-mail for each transaction carried out using this method. Please note that the amount of the order is debited on your PayPal account when the order is turned over to the courier. When the order is entered 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. In case the order is cancelled, the amount will be refunded on the Client's PayPal account.

Online Credit Cards - The following credit cards are accepted: Visa, Visa Electron, Mastercard, American Express, PostePay. All information is transferred in encrypted form using the SSL (Secure Socket Layer) protocol. Information is transferred trough PayPal website, ensuring maximum safety. The amount of the order is not immediately debited on the card, but instead during a subsequent phase, within the limits authorized by Client.

When the order is entered on KISS-ME’s Website, an authorization will be requested only for payment of the indicated amount (very often, the bank which issued the card sends a SMS/e-mail to the Client at this time).
This authorization does not mean that the money has been debited, but simply that the corresponding amount has been “booked”. The amount due will actually be debited once the order is turned over to the courier, forwarding company or any other subject authorized by KISS-ME to carry out the delivery. This guarantees that the order amount is debited on the credit card only at the time of the actual shipment of the Products and only for the amount relating to the Products actually shipped.

Cash on Delivery - Users may directly pay the courier that delivers the ordered Products.
For this payment method, cash only is accepted. The Couriers will not accept bank cheques or cashier's cheques, and will not deliver the Products unless it receives the exact amount indicated on the order. The courier is not authorized to give change.

Gift Card - If you wish to buy Products with a Gift Card simply enter the Gift Card code (received by e-mail) in the “Coupon” form. More detailed information about KISS-ME Gift Cards is available by visiting the Gift Card section on kissme-cosmetics.com.

6. SHIPPING METHODS AND CHARGES

6.1 KIKO ships to all countries indicated on the Website.

6.2 The ordered Products will be sent to the mailing address specified by the Client. Once KISS-ME has turned over the products to the courier, the Client will receive an e-mail with the tracking number confirming the shipment.

6.3 KISS-ME will not be liable in any way towards the Client for any delays in fulfilling the order or in delivering the Products listed in the Purchase Agreement.

6.4 The ordered Products will be sent to the mailing address specified by the Client.

6.5 Deliveries are made from Monday to Friday, during normal business hours, except on national holidays, according to the terms and conditions set forth by the courier. The delivery is deemed to have been completed when the Products are made available to the Client at the address specified on the order form. 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 10 (ten) 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 KISS-ME. Once 30 (thirty) days have elapsed from the date the Products listed in an order were returned to KISS-ME because it was not possible to complete the delivery, the Purchase Agreement will be terminated and the order cancelled. KISS-ME will then proceed to refund the amount paid by the Client, net of the costs incurred to return the Products and of expenses for their storage at the facilities of the courier in charge of their delivery.

6.6 Termination of the Purchase Agreement and the amount of the refund will be notified via e-mail. The refund amount will be credited on the payment method used by the Client for the purchase. In the event that, before the 30-day period elapses, the Client once again requests to receive the purchased Products, KISS-ME will proceed with the new delivery after debiting the charges for this new delivery as well as the costs for returning the Products to KISS-ME and the storage fees.

6.7 At the time of delivery of the Products by the courier hired by KIKO, 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. The Client must immediately report any damage to the tamper-proof label, to the packaging or to the Products or if the number of units/packages or indications do not match, by contacting KISS-ME’s Customer Service via e-mail (customerservice@kissme-cosmetics.com), indicating the order for which these problems occurred.

6.8 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 KISS-ME's delivery expenses, will give the latter the right to split up, resend or cancel the order, in full or in part, or to cancel the Purchase Agreement. In these cases, KISS-ME must immediately inform the Client of its decision by sending an e-mail to the address provided by Client, with the Client only being entitled to a refund of any sums already paid, excluding any other claims against KISS-ME for any reason.

7. RIGHT TO WITHDRAWAL AND ITS EFFECTS

7.1 All purchases of products carried out through the Website by users who access the Website are governed by these General Terms.

7.2 The Client has the right to terminate the Purchase Agreement, at its discretion and without cause, within 14 days (“withdrawal period”). The withdrawal period expires 14 (fourteen)  days after the Client or a third party – excluding the courier, its employees and sub-contractors – enter in possession of the Products.

7.4 To exercise the right of withdrawal, the Client must inform KISS-ME of their decision to terminate the Purchase Agreement by a clear statement (e.g. a letter sent by post, fax, or e-mail).

7.5 In order to take advantage of the withdrawal period, the Client must send the notice of withdrawal before the expiration of the withdrawal period.

7.6 If the Client terminates the Purchase Agreement, all the payments made in favour of KISS-ME will be refunded, excluding costs of delivery, without undue delay and in any case not later than 14 days from the day KISS-ME receives the Products back or, if earlier, the day the Client provides proof of return. In any case, the Client will not bear any cost. In the event that no goods were supplied, the refund will be made no later than 14 days from the date on which KISS-ME was informed of the Client's decision to terminate the Purchase Agreement.

7.7 The Client must send back the Products or deliver to KISS-ME to G&B LOGISTIC EXPRESS · Via Enrico Fermi,10 – 24050, Orio Al Serio (BG) Italy without undue delay and in any case within 14 days from the day of the exercise of the right to withdrawal.

7.8 The deadline is respected if the Client sent back the Products before the expiration of the period of 14 days. Direct costs of returning the Products will be paid by the Client. Where Products show signs of unreasonable use leading to diminished value refunds will be reduced accordingly. Products that are returned should only have been handled to the extent necessary to establish the nature, characteristics and functioning of the Products.

7.9 In any case, the Client cannot exercise the right to withdrawal in the case of goods sealed for reasons of hygiene or related to health protection that have been unsealed after delivery.

8. PRODUCT NON-COMPLIANCE AND DEFECTIVE PRODUCTS

All trademarks (registered or not) as well as any intellectual property, distinguishing marks or name, image, photograph, written text or graphics and more generally, any other intangible assets protected by international laws and conventions on intellectual property and industrial property rights reproduced on the Website will remain the exclusive property of KISS-ME and/or its assignors, and accessing the Website and/or concluding Purchase Agreements does not afford the Client any rights thereupon. Any use thereof, including only in part, is prohibited without KISS-ME's prior written authorization. KISS-ME exclusively reserves itself all relevant rights.

9. INTELLECTUAL PROPERTY RIGHTS

Tutti i marchi e qualsiasi altra opera dell’ingegno, segno distintivo o denominazione, immagine, fotografia, testo scritto o grafico e qualsiasi altro bene immateriale riprodotto sul Sito restano di esclusiva proprietà di KISS-ME e/o dei suoi danti causa. Dall’accesso al Sito e/o dalla stipula dei Contratti di Acquisto non deriva al Cliente alcun diritto sui medesimi. E’vietato qualsiasi utilizzo dei medesimi, anche parziale, senza la preventiva autorizzazione scritta di KISS-ME a favore della quale sono riservati, in via esclusiva, tutti i diritti.

10. APPLICABLE LAW AND PLACE OF JURISDICTION

10.1 These General Terms as well as any other contract entered into with the Client are governed by English law.

10.2 Any controversy arising from or relating to the interpretation, execution, validity or efficacy of these General Terms and of any other contract entered into with the Clients will be submitted to the exclusive jurisdiction of the English courts.

11. PROCESSING OF PERSONAL DATA

KISS ME processes Client-related information in accordance with the provisions of existing data protection laws, as specified in the specific section of the Website entitled "Privacy Policy".