Terms and Conditions
TERMS AND CONDITIONS
Last update: September 2026
1. Introduction
1.1. These general terms and conditions (hereinafter, the "Terms and Conditions") govern any sale and purchase of products and services from the site available at https://us.kikocosmetics.com/ (the "Website") and the use of the Website, regardless of the means of access (i.e. from a computer or any other device).
PLEASE NOTE: THESE TERMS AND CONDITIONS CONTAIN A BINDING ARBITRATION CLAUSE, A CLASS ACTION WAIVER, AND A JURY TRIAL WAIVER, AS DETAILED IN SECTION 15 (“APPLICABLE LAW; DISPUTES; ARBITRATION”). PLEASE READ THESE PROVISIONS CAREFULLY, AS THEY AFFECT YOUR LEGAL RIGHTS.
BY PLACING AN ORDER, YOU SIGNIFY YOUR AGREEMENT TO AND ACCEPTANCE OF THESE TERMS AND CONDITIONS (INCLUDING THE BINDING ARBITRATION, CLASS ACTION WAIVER, AND JURY TRIAL WAIVER AS DETAILED IN SECTION 15 (“APPLICABLE LAW; DISPUTES; ARBITRATION”), OUR PRIVACY POLICY AND COOKIES POLICY. IF YOU DO NOT AGREE WITH ANY OF THESE, YOU MUST NOT PLACE AN ORDER.
1.2. The Website is owned and operated by KIKO USA, Inc. (hereinafter, "KIKO", “us”, “our”, “we”), a Delaware corporation, having its address at 107 Greenwich Street, New York, NY, 10006.
1.3. To purchase products and services on the Website you must be 18 years of age. By placing an order for products and services, you declare that you are of the appropriate legal age. If we discover that you are not of legal age to order certain goods, your order will be cancelled and any amount already paid will be refunded to the original payment method.
1.4. You expressly acknowledge and accept that products available on the Website (including any sample that KIKO may provide you) are intended for personal use only, and not for purposes related to any business, trade, craft or other professional activity. You agree not to sell or resell any products you purchase or otherwise receive from KIKO.
2. Additional Terms and Policies
2.1. These Terms and Conditions refer to, and include by reference, additional terms and policies, which also apply to your purchase of products, including:
- our Privacy Policy, which explains how we collect, use and store your personal data;
- our Cookie Policy, which sets out information about the cookies on the Website.
2.2. We may interact with you on third party websites as detailed in the Privacy Policy and in the Cookie Policy in connection with your use of the Website but we do not control those third-party websites, and these Terms and Conditions do not apply to companies that KIKO does not own or control, or to the actions of people that KIKO does not employ or manage. You should always check the terms of use posted on any third-party websites.
2.3. KIKO reserves the right to change or modify any of the terms and conditions contained in these Terms and Conditions, from time to time and at any time, in its sole discretion. If KIKO decides to make material changes to these Terms and Conditions, KIKO will notify you a reasonable time before the change takes effect by posting a prominent notice and where KIKO has your email address, by sending notice by email. KIKO will post a new version on the Website and update the date of revision set forth above.
ANY NON-MATERIAL CHANGES OR MODIFICATIONS TO THESE TERMS AND CONDITIONS WILL BE EFFECTIVE UPON POSTING OF THE REVISIONS. MATERIAL CHANGES WILL BECOME EFFECTIVE AFTER THE NOTICE PERIOD DESCRIBED ABOVE. THE UPDATED TERMS AND CONDITIONS WILL REPLACE THE PRIOR VERSION AND ARE APPLICABLE TO ANY FUTURE DISPUTES BETWEEN THE PARTIES, REGARDLESS OF WHEN THE DISPUTED INTERACTIONS AROSE.
For this reason, you should frequently review these Terms and Conditions and any other applicable policies to understand the terms and conditions that apply to your use of the Website and purchase of products and services.
2.4. If you are purchasing or have purchased KIKO Milano product(s) from a third-party retailer or reseller, these Terms and Conditions will not apply, and you should refer to the terms and conditions of sale of the relevant retailer or reseller. Any questions or customer service inquiries related to KIKO Milano product(s) purchased from a third-party retailer or reseller should be directed to the relevant third-party and not KIKO. We are not responsible for promotions related to our products where such promotions are published by third parties on external websites or other media and channels which are not owned and/or controlled by us.
3. Products
3.1. KIKO sells cosmetics, skin care, body care, hair care products, make-up, fragrances, accessories under the KIKO Milano brand as well as beauty services. Products displayed on the Website may be available in certain KIKO retail stores in the U.S. and certain foreign markets.
3.2. Products are manufactured in compliance with applicable European Union cosmetics regulations (including the EU Regulation No. 1223/2009. Unless required by law, the product descriptions and statements available on the Website have not been evaluated by the U.S. Food and Drug Administration.
3.3. All images of products shown on the Website are provided for illustrative purposes only. A product’s true color, texture, dimensions or appearance may not exactly match that shown on its packaging, on your device or in our marketing materials.
While KIKO has tried to accurately display the colors of products, the actual colors you see will depend on your monitor and may not be accurate.
3.4. The details and information of each product are displayed on the Website in their respective sections, which are classified by product category.
While KIKO makes every effort to maintain the accuracy of its ingredient lists, ingredients are subject to change and KIKO cannot guarantee that the lists will be complete, up-to-date and error free at all times.
In the event of a difference between the image and the written product specifications, the written product specifications will prevail.
The product descriptions and information provided are for general information only and may not be wholly representative of the products and their features.
You should always check the product ingredients before use to avoid potential allergic reactions. The products available on the Website are not intended to diagnose, treat, cure or prevent any condition or disease. The Website or any product or packaging description is not meant to serve as a substitute for professional medical advice. If you have any personal concerns, please consult with your own physician or health care practitioner regarding the use of any goods, products or information before using or relying on them. Products may benefit under consumer protection laws, and this Section is not intended to limit or exclude any guarantees or warranties that cannot be excluded as a matter of law.
All products should be used for their intended purposes in accordance with their instructions, precautions and guidelines.
3.5. 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.
4. Orders
4.1. You can purchase the KIKO Milano products and services on the Website by complying with the procedures explained in this Section.
4.2. The products displayed on the Website can be ordered and delivered only within the U.S. and certain selected countries (please refer to Paragraph 8.2). In you do not comply with this, KIKO reserves the right, in its sole discretion, to refuse your order.
4.3. Except where prohibited by law, we may limit the number of products available for purchase should we deem it appropriate. We also reserve the right to suspend your Account and any associated Accounts (if applicable) and contact you if we notice an unusual pattern of returns activity or there is other suspicious activity associated with your account or any associated accounts. In the event that this happens, you will receive an email to notify you of this.
4.4. To submit an order, you must select your products(s) and click “ADD TO CART”. Then click on the “CART” icon where you can review your order (including delivery costs) and “PROCEED TO CHECKOUT". At this stage you can proceed with one of the following options:
(a) click on “Express CHECKOUT” and in this case you will be redirected to the platform of the third-party provider that you have selected among Shop Pay, PayPal or Google Pay, or
(b) Sign in your Account (if you are registered); or click here
(c) Fill out and submit the electronic order form available on the page providing your personal details, billing address and shipping address.
In case of options under letter (a) and letter (b) above you are also required to select a payment method (see Section 7 below for more information). The exact process for placing an order may vary depending on the payment method selected.
Within any of the selected options, you are also required to choose the shipping method (see Paragraph 8.3 for more information), review and accept the amount of the delivery charges and taxes which may vary depending on the shipping place.
All required information must be completed to regularly submit an order.
Within the checkout process you can apply a promotional code.
You can add or remove items from the CART or identify and correct any input errors (for example by editing quantities) and/or change the purchaser’s information, including billing and shipping information, only during the CHECKOUT process. Once an order is submitted pursuant to Paragraph 4.5 below, you can no longer make any changes to it.
4.5. Once the CHECKOUT process outlined in Paragraph 4.4 is completed, you will see a screen containing a summary of the proposed order, inclusive of the shipping charges, and you will be able to complete the order by clicking on the "PAY NOW " button. By clicking this button, you place an Order with an obligation to pay, and changes are no longer allowed.
5. Execution of contract
5.1. The display of products on the Website constitutes an invitation to customers to make an offer of purchase and the submission of the Order constitutes just an offer to purchase.
5.2. All purchase orders submitted (“Orders”) are subject to KIKO’s confirmation.
You will receive an Order confirmation by email detailing the products you have ordered, an "Order Number" to be used in all subsequent communications with KIKO and all data and information entered by you and that you agree to verify and give immediate notice in case of errors. Any extra costs incurred due to incorrect information which was not promptly reported will be your exclusive responsibility.
KIKO’s Order confirmation email acknowledges receipt of your Order but does not constitute the sale and purchase contract between you and KIKO.
5.3. The sale and purchase contract will be concluded only when KIKO dispatches the products. The contract will be concluded in English.
Regardless of the fact that you have received an Order confirmation email, you will only be charged for the products once the items have been prepared for shipping.
5.4. Orders are processed Monday through Friday, during normal business hours, except on national holidays.
5.5. Orders shall be subject to availability. KIKO reserves the right, at any time and for any reason, to refuse to accept, or process or to cancel, in whole or in part, an Order, even after its confirmation by email without being liable to you or any other third party. In this case, we will inform you by email and will not charge you for, or we will refund you (as the case may be) the cost of, the unavailable products. We are not required to inform you of our reason for rejecting your Order unless required by law.
5.6. The refund amount will be credited to the original payment method used by you for the purchase.
5.7. You can view your status Order under “ORDERS” in your Account (if you are registered) or through the link available in the KIKO’s Order confirmation received by e-mail or by contacting KIKO Customer Service as detailed in Section 13. Information on Orders will remain available for a 12-month period following the delivery date of the Products.
6. Product Pricing
6.1. All prices are indicated on the Website in U.S. Dollars and are effective in the U.S.A. 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 that you will receive with the shipping confirmation e-mail.
6.2. If 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 has the right to cancel any such Orders whether you have 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.
6.3. We reserve the right to alter our prices at any time. If the price of a product changes after you have placed your Order, we will not be able to refund/credit you the difference in price (this also includes sale price adjustments).
7. Payment & Payment Methods
7.1. As detailed below, payments for products may be made exclusively by Credit Card, Shop Pay, PayPal, Amazon Pay, Google Pay, Apple Pay, Klarna or any combination thereof.
During the checkout phase, you can insert any valid promotional code, voucher or gift card. Only one (1) promotional code per Order can be used and promotional codes cannot be redeemed for cash or credit. The system will automatically change the total order amount, deducting any discounts or allowances.
7.2. 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 transmitted using industry-standard encryption. While KIKO takes reasonable measures to protect your information, no method of transmission over the Internet is completely secure and KIKO cannot guarantee absolute security. When the Order is placed on the Website, KIKO will request an authorization from the respective credit card provider in the amount authorized by you and the credit card provider may send an SMS/e-mail to you at the same time). By your authorization to the credit card provider, you confirm the availability of the funds.
Shop Pay: is a fast checkout option that allows you to save your email address, payment method, and delivery and billing details, making the checkout process quicker and more convenient.
PayPal: PayPal is a quick and secure payment system. Once the Order is completed and PayPal is selected as the payment method you will be redirected to the PayPal website to access it by entering your own account by entering their personal e-mail address and password. 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 your 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 your PayPal account exists and has the available funds, without any debit being made.
Google Pay: Google Pay allows you to transact using a bank-issued virtual account number representing a credit or debit card you register with Google Pay (a "Virtual Account Number"), a transit agency pass you register with Google Pay, and a digital wallet or account that you have with a company other than Google and link to Google Pay in order to enable additional payment functionality.
Apple Pay: Apple Wallet is an App on IOS devices (i.e. iPhone, Apple Watch, iPad, etc.) that securely and conveniently organizes your credit and debit cards, transit passes, boarding passes, tickets, identity cards, keys, rewards cards, and more all in one place. With Apple Pay, you can create a Virtual Replica of your card on your iOS device. This allows you to use the iOS device to make payments on our Website.
Amazon Pay: Amazon Pay is a service that lets you use the payment methods already associated with your Amazon account to make payments for goods, services, and donations on third-party websites, and in Apps.
Klarna: Klarna is a credit product that lets you spread the cost of your purchases over 4 equal installments taken by Klarna from your debit or credit card directly. CA resident loans made or arranged pursuant to a California Financing Law license. NMLS # 1353190".
8. Shipping Methods and Charges
8.1. KIKO will use reasonable efforts to deliver the products, subject to availability. Delivery times are estimates only and are not guaranteed. Products are delivered by courier, and delivery times vary depending on the method of shipment and the shipping destination. Delivery dates communicated in the confirmation Order are indicative.
8.2. KIKO ships domestically in the U.S.A. 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.
8.3. Available shipping options, costs, and estimated delivery times will be presented during checkout.
Charges and taxes may vary depending on the shipping final address.
Certain items containing hazardous substances are required by the U.S. Department of Transportation to be shipped by Ground option only; therefore, such Products will only be available for shipping via Ground option.
8.4. KIKO will not be liable to you for any delays in fulfilling the Order or delivering the products due to circumstances beyond its reasonable control.
8.5. Once KIKO has shipped the products, you will receive a shipment confirmation e-mail.
8.6. 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. Delivery is deemed to have been completed when products are delivered at the address specified on the Order.
8.7. Risk of loss and title for the products will pass to you upon delivery of the products to you at the address specified in the Order. KIKO remains responsible for loss of or damage to the products until delivery to you. Please contact KIKO Customer Service if any problem arises.
8.8. If "Standard Delivery" is selected and products cannot be delivered due to absence of the recipient at the specified shipment address, the postal worker will leave a delivery card, and the shipment will be available to pick up from the office specified in the card for approximately ten (10) working days. After this period, the products will be returned to KIKO. KIKO will then proceed to refund the amount paid by you, 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.
8.9. At the time of delivery of the Products, you are required to carefully check: (a) that the tamper-proof label is intact and the package has not been damaged or otherwise altered; and (b) that the number of delivered items matches the amount indicated in the Order confirmation.
8.10. You must immediately report any damage to the tamper-proof label, to the package or to the products or if the number of products delivered does not match those confirmed in the Order confirmation, by contacting KIKO Customer Service and identifying the relevant number Order to which any of these issues refer.
8.11. Events outside the reasonable control of KIKO, 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 shall immediately inform you by sending an e-mail to the address provided by you during the Order submission and, in case of full or partial cancellation, KIKO shall only be obliged to refund you for the sums already paid. You have no other claims against KIKO for any reason.
9. Return Policy
9.1. Returns are only possible for items purchased through the Website and following the procedure below.
9.2. You may return only unopened, resalable items in their original packaging within and not later than thirty (30) days of Order submission (“Return Period”) to be eligible for a refund. Where products have been opened and/or show damage, any signs of use and/or result otherwise not fitting for sale or the return is made after the expiration of the Return Period, refunds will not be allowed. Items returned after the Return Period will not be refunded even if not shipped back to the customer.
9.3. To request a return, you must complete the REQUEST A RETURN AND REFUND form available in your Account (My Purchases section).
Instructions for processing the return will be provided after submission of the form.
The package for the return shall enclose all the information related to the Order and the products. KIKO will not be liable for any loss of, or damage to, products returned. The costs of returning will be paid entirely by you.
9.4. Refunds are generally processed within thirty (30) days from KIKO’s receipt of the returned products. This timing may vary depending on your financial service provider. Refunds will be made using the same method of payment used by you for the purchase of the products.
9.5. KIKO will not exchange items purchased on the Website.
9.6. KIKO shall have the right to amend its return, refund and exchange policy at any time, without notice by simply amending these Terms and Conditions.
9.7. Orders 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.
10. Defective products
10.1. Subject to Paragraphs 3.3, 3.4 and 3.5 above, in the event that a product purchased on Website does not match the description displayed on the Website or is defective, you can contact KIKO Customer Service to submit a claim, by notifying the following information: the Order number, the type of defect or non-conformity, the batch number (the four-digit code on the packaging) and pictures illustrating the issue. If KIKO determines, in its sole-discretion, that the product is defective in accordance with this Section, KIKO will contact you to proceed with the corresponding refund.
11. Disclaimer
11.1. KIKO does not represent or warrant that the information accessible through the Website is complete, accurate or up-to-date or that any advice or any particular product will achieve any result of any kind. Price and information contained on the Website are subject to change without notice. KIKO shall not be bound by any omissions or errors in posting product information or prices with respect to any products or services offered on the Website.
11.2. KIKO cannot and does not represent or warrant that the Website will be error-free, uninterrupted, free from unauthorized access, or that it will otherwise meet your requirements.
11.3. THE WEBSITE AND ALL INFORMATION, WRITTEN MATERIALS, CONTENT AND SERVICES MADE AVAILABLE THROUGH THE WEBSITE ARE PROVIDED BY KIKO ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES, INCLUDING ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE, OR ANY WARRANTIES AS TO THE COMPLETENESS OF THE CONTENTS OR THAT EMAILS SENT FROM KIKO ARE FREE OF MALWARE OR OTHER DETRIMENTAL COMPONENTS. THE FOREGOING DISCLAIMERS OF REPRESENTATIONS AND WARRANTIES SHALL APPLY ONLY TO THE FULLEST EXTENT PERMITTED BY THE APPLICABLE LAW AND SHALL IN NO EVENT BE CONSTRUED TO BE BROADER THAN PERMITTED BY THE APPLICABLE LAW.
11.4. We will not be liable to you where we breach these Terms and Conditions due to any cause that is beyond our reasonable control, including acts of God, explosions, floods, tempests, fires or accidents, epidemic or pandemic; wars or threats of war, sabotage, insurrection, civil disturbance or requisition; acts, restrictions, regulations by-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority; import or export regulations or embargoes; strikes, lock-outs or other industrial actions or trade disputes; difficulties in obtaining materials, labor, fuel, parts or machinery; power failure or breakdown in machinery. This clause does not affect your statutory rights as a consumer.
11.5. The sale of products is for domestic and private use. You agree not to use or re-sell the products for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
11.6. EXCEPT AS EXPRESSLY SET OUT IN THESE TERMS AND CONDITIONS, WE WILL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR ECONOMIC LOSS OR FOR LOSS OF PROFITS OR REVENUES HOWSOEVER CAUSED ARISING IN CONNECTION WITH ANY ORDER PLACED BY YOU. NOTWITHSTANDING THE ABOVE, OUR TOTAL LIABILITY (WHETHER IN CONTRACT, TORT, NEGLIGENCE OR ON ANY OTHER BASIS) TO YOU, FOR ANY LOSS OR DAMAGE SHALL BE LIMITED TO THE SUMS PAID OR PAYABLE FOR THE PRODUCTS.
12. Processing of Personal Data
KIKO processes your data in accordance with the Privacy Policy and Cookies Policy, which are incorporated into these Terms and Conditions by reference. Please review these policies for details about how we collect, use, share and protect your personal information.
13. Communication and Claims
All communications or claims relating to a Purchase Contract and products can be submitted to KIKO Customer Service available at https://us.kikocosmetics.com/blogs/about-kiko/customer-service-center.
14. Intellectual Property Rights
All trademarks (registered or not) as well as any other intellectual and proprietary right , whether registered or not, including patents and patent applications, utility models, design rights, trademarks, service marks, trade names, distinctive signs, copyrights and related rights, images, pictures, database rights, trade secrets, know-how, and any similar rights, together with all renewals, extensions, divisions, continuations and reissues thereof protected by international laws and conventions on intellectual property and industrial property rights reproduced on the Website are and will remain the exclusive property of KIKO S.p.A. and/or KIKO and/or its assignors, and accessing the Website and/or concluding a Purchase Contract does not grant you any rights thereupon. Any use thereof, including only in part, is prohibited without KIKO's prior written authorization. KIKO exclusively reserves itself all relevant rights.
15. Applicable Law. Disputes. Arbitration
15.1. These Terms and Conditions are governed by the law of New York (without giving effect to its conflicts of law principles).
15.2. To the maximum extent permitted by applicable law, you and KIKO agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. Except where prohibited, you and KIKO agree to submit to the personal and exclusive arbitration of disputes relating to these terms and your purchases (if any) under the rules of the American Arbitration Association. Please visit www.adr.org for more information about arbitration. Any arbitration between you and us, to the extent necessary, will be conducted in New York City, New York, and you waive any right to claim that such location is an inconvenient forum. You agree not to sue us or bring arbitration in any other forum. The arbitration will be conducted in English. A single independent and impartial arbitrator will be appointed pursuant to the rules of the American Arbitration Association.
Both you and we agree to comply with the following rules, which are intended to streamline the dispute resolution process and reduce the costs and burdens for everyone involved:
- the arbitration will be conducted online and/or be solely based on written submissions, the specific manner to be chosen by the party initiating the arbitration;
- the arbitration will not require any personal appearance by the parties or witnesses unless otherwise mutually agreed in writing by the parties; and
- any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction;
- barring extraordinary circumstances, the arbitrator will issue the award within 120 days from the date the arbitrator is appointed. The arbitrator may extend this term for an additional 30-days period in the interests of justice;
- all arbitration proceedings will be closed to the public and confidential and all records relating thereto will be permanently sealed, except as necessary to obtain court confirmation of the arbitration award;
- the award of the arbitrator will be in writing and will include a statement describing the reasons for the disposition of any claim.
You also acknowledge and understand that, with respect to any dispute arising out of or relating to your use of a product or our services:
- you are waiving your right to have a trial by jury;
- you are waiving your right to serve as a representative, as a private attorney general, or in any other representative capacity, or to participate as a member of a class of claimants, in any lawsuit involving any such dispute; and
- you must file any claim within one (1) year after such claim arose or it is forever barred.
If this arbitration provision is found to be null and void, then all disputes arising under the Terms and Conditions will be subject to the jurisdiction of the state and federal courts located in New York City, New York, and you and we hereby submit to the personal jurisdiction and venue of these courts.
This agreement to arbitrate will not preclude you or KIKO from seeking provisional remedies in aid of arbitration, including without limitation orders to stay a court action, compel arbitration or confirm an arbitral award, from a court of competent jurisdiction. Furthermore, this agreement to arbitrate will not preclude you or KIKO from (i) applying to the appropriate court of competent jurisdiction for a temporary restraining order, preliminary injunction, or other interim or conservatory relief, as necessary, or (ii) seeking relief in any state or federal court for disputes related to a violation or possible violation of KIKO’s intellectual property rights.
16. Other important terms
16.1. These Terms and Conditions set out the entire agreement between you and us relating to sale and purchase of products and services via the Website and supersede any other terms and conditions previously published by us and any other representations or statements made by us to you, whether oral, written or otherwise.
16.2. You may not assign or sub-contract any of your rights or obligations under these Terms and Conditions to any third party unless we agree in writing.
16.3. We may assign, transfer or sub-contract any of our rights or obligations under these Terms and Conditions to any third party at our discretion.
16.4. No relaxation or delay by us in exercising any right or remedy under these Terms and Conditions shall operate as waiver of that right or remedy or shall affect our ability to subsequently exercise that right or remedy. Any waiver must be agreed by us in writing.
16.5. If any part of these Terms and Conditions is found to be illegal, invalid or unenforceable by any court of competent jurisdiction, the rest of these Terms and Conditions shall remain in full force and effect. Only you and we shall be entitled to enforce these Terms and Conditions. No third party shall be a beneficiary of or entitled to enforce any of these Terms and Conditions.
16.6. Notice to California Consumers Under California Civil Code Section 1789.3. The provider of the Website is KIKO USA, Inc., located at 107 Greenwich Street, New York, NY 10006. For questions or complaints regarding the Website, please contact KIKO Customer Service. California consumers may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
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