Terms and conditions
TERMS AND CONDITIONS OF SALE
Applicable to customized products, made-to-order products, limited edition products, pre-order products and stock products
1. Nature of the products
1.1. KAIOLAND markets, among others, collectible products, statues, resins, limited edition pieces, products manufactured to order, clearly personalized products, products produced in limited runs and items subject to prior reservation (“pre-order”).
1.2. For contractual purposes, they shall be considered custom products or made to order those goods that:
a) are produced specifically after confirmation of the Customer's order;
b) are reserved nominatively for the Client against the studio, manufacturer or supplier;
c) are manufactured or allocated according to specific specifications, a particular configuration, a specific edition, numbering, a limited batch or quota; or
d) by their very nature fall outside the ordinary circuit of immediate resale.
1.3. The Customer expressly acknowledges and accepts that many of the products offered by KAIOLAND are not standard goods for immediate replenishment, but rather goods of limited production, nominative allocation, or manufacture dependent on third-party international suppliers.
2. Deposits, reservations and initial payments
2.1. The amount paid as deposit, reservation, down payment, advance payment or initial payment Its purpose is to block a specific unit of the product, remove that unit from the general public offering, and allow KAIOLAND to commit to the relevant supplier or studio.
2.2. In clearly personalized products, manufactured according to consumer specifications or individually reserved for the consumer, The right of withdrawal will not apply. under the terms provided for in Article 16.c of Directive 2011/83/EU and, in Spain, in Article 103.c of Royal Legislative Decree 1/2007, as currently worded.
2.3. Consequently, unless otherwise provided by applicable mandatory legislation, the deposit or advance paid in respect of personalized, made-to-order, limited-quantity or pre-order products It will not be refundable for mere convenience, change of mind, lack of space, loss of interest, economic reasons, ordinary production delay or any cause not attributable to KAIOLAND.
2.4. Notwithstanding the foregoing, Yes, a full refund will be issued. of the amounts paid when:
a) KAIOLAND cannot supply the product due to definitive cancellation of the project, objective impossibility of supply or rejection of the order by the supplier;
b) there is a material breach attributable to KAIOLAND; or
c) as required by mandatory consumer protection regulations applicable to the contract.
2.5. As a courtesy business policy and without constituting a legal obligation or binding precedentKAIOLAND may, at its discretion, assess a partial refund of up to 60% of the deposit when the Customer requests cancellation before the supplier demands final payment, before the product is ready for shipment and provided that the amounts have not already been irreversibly committed to the studio, manufacturer or logistics intermediaries.
2.6. This goodwill policy will not apply when:
a) the product is finished, ready for shipment or in the dispatch phase;
b) the final payment has been demanded from KAIOLAND by the supplier;
c) the order has already been consolidated, manufactured, allocated or shipped;
d) there are reasonable indications of abuse, fraud, coercion, threats, insults to staff, instrumental use of chargebacks or contractual bad faith.
2.7. The fact that KAIOLAND grants in a specific case a partial refund, an exceptional exchange or a courtesy solution It does not modify the non-withdrawalable nature of the contract nor does it generate an acquired right for future transactions.
3. Assignment of the order to a third party
3.1. Whenever the order status, the supplier, and administrative traceability allow, KAIOLAND may authorize the assignment of order or change of name in favor of a third party designated by the Client.
3.2. Unless expressly stated otherwise, KAIOLAND will not charge a commission for the mere administrative management of the change of ownership, without prejudice to the Client assuming the costs, price differences, platform commissions or logistical expenses imposed by the supplier or the means of payment.
3.3. KAIOLAND may refuse the transfer when there are operational risks, fraud, regulatory compliance, supplier blockage or incompatibility with the production status of the order.
4. Payment terms and cancellation for non-payment
4.1. When a reserved product enters the phase of final payment West Ready for shipmentThe Client must pay the outstanding amount within a maximum period of 30 calendar days from the notification.
4.2. For products in stock with installment payment or prior reservation, the total payment must be completed within a maximum period of 3 calendar months, unless otherwise agreed in writing.
4.3. Failure to pay within these deadlines will entitle KAIOLAND to:
a) cancel the order;
b) retain the non-refundable amounts already paid;
c) to pass on, where applicable, the costs already committed; and
d) offer the unit to another customer.
4.4. KAIOLAND may grant reasonable extensions of time when the Client contacts them before the expiration date and acts in good faith. Granting an extension will always be at their discretion.
5. Delivery, estimated deadlines and delays
5.1. The production, logistics consolidation, export, international transit, customs and final distribution timeframes are estimated and may be affected by causes beyond KAIOLAND's control, including study delays, manufacturing, customs controls, logistical congestion, high-volume campaigns, international holidays, or carrier incidents.
5.2. KAIOLAND will inform the Customer of the estimated delivery times and, where applicable, any reasonable updates available.
5.3. In sales to consumers subject to EU regulations, and unless otherwise agreed with the Customer, delivery must take place without undue delay and, as a general rule, within the agreed period or, in the absence of a specific agreement, within the applicable legal framework; in the case of pre-orders and made-to-order products, the Customer expressly accepts that the delivery date is subject to the actual production and release schedule of the supplier.
5.4. In the U.S., for sales achieved by the FTC Mail, Internet, or Telephone Order Merchandise RuleKAIOLAND will only announce delivery times when it has a reasonable basis for doing so and, if it cannot ship within the promised timeframe, it may request the buyer's consent for the delay or proceed in accordance with applicable regulations.
5.5. Reasonable manufacturing or transportation delays for collectible, pre-order, or custom-made products will not in themselves constitute a material breach, unless mandatory law provides otherwise or there is a definitive impossibility of supply.
6. Risk, failed delivery and returns due to absence of recipient
6.1. KAIOLAND will provide the Customer, where appropriate, with available tracking information.
6.2. If the Customer is not available at the time of delivery, does not collect the package within the period indicated by the carrier or does not properly attend to the delivery or collection notices, and this causes the return, abandonment, destruction, additional storage or logistical surcharges, such consequences will be attributable to the Customer, unless there is proof of error by the carrier or KAIOLAND.
6.3. In such cases, KAIOLAND may:
a) demand payment of new shipping, return, storage, management or customs expenses;
b) suspend any forwarding until full payment is received; and/or
c) deduct these amounts from any amount that may exceptionally be refunded.
6.4. The foregoing shall not limit the consumer's non-waivable rights in the event of loss, damage, non-delivery, or breach attributable to the seller where applicable law provides otherwise. In the EU, the risk passes to the consumer, as a general rule, when the consumer or a third party designated by the consumer acquires physical possession of the goods.
7. Loss of packages and transport
7.1. If a shipment is lost during transport and the loss is confirmed by the logistics company or by the corresponding investigation, KAIOLAND will offer, at its discretion and subject to availability:
a) product replacement; or
b) refund of the amounts paid, including shipping costs actually paid by the Customer.
7.2. The following shipments will not be considered "lost packages":
a) delivered according to reasonable evidence of the carrier;
b) pending collection by the recipient;
c) held due to lack of documentary cooperation from the recipient to customs; or
d) returned due to incorrect address provided by the Customer.
8. After-sales service, incidents, breakages and missing parts
8.1. Due to the fragile nature of resins, statues and collectible pieces, especially in long-distance international shipments, the Customer acknowledges that transport damage, small cosmetic defects, minor variations in paint, assembly or finish inherent to the artisanal or semi-artisanal process of the product may occur.
8.2. This does not exclude the consumer's legal rights where there exists lack of conformity with the contract, relevant defect, product different from the order, substantial damage, or failure to meet essential specifications. In the EU, legal remedies for non-conformity include, as appropriate, restoration of conformity through repair or replacement and, subsidiarily, price reduction or termination of the contract.
8.3. To process any incident, the Client must notify KAIOLAND in writing as soon as reasonably possible and, in any case, provide:
a) clear photographs of the outer packaging;
b) clear photographs of the inner box and the product;
c) photographs or video of the damage, defect or missing part;
d) proof of labeling and order number; and
e) where possible, full unboxing video.
8.4. The lack of an opening video does not automatically cancel The consumer's legal rights, but it may make it difficult to prove the origin of the damage and the viability of a claim against the carrier, firm or insurer.
8.5. As a general rule of practice, KAIOLAND will endeavor to offer, as appropriate and depending on the nature of the incident:
a) part replacement;
b) repair;
c) technical assistance or assembly instructions;
d) proportional partial refund;
e) substitution; or
f) where legally appropriate, full or partial resolution.
8.6. When the studio or manufacturer cannot supply a replacement, KAIOLAND may opt for professional repair, partial refund proportional to the actual depreciation, or any other reasonable solution in accordance with the law.
8.7. In the event of failures of LEDs, lighting systems or accessory electronic components, KAIOLAND may preferentially offer a partial refund when repair or replacement is not feasible.
8.8. The internal commercial deadline for reporting transport incidents may be set at 7 days from receipt for the purposes of logistical processing with third parties; however, said term It does not limit or replace the mandatory legal deadlines for non-conformity that are applicable to the consumer under the competent law.
8.9. The following are excluded from coverage:
a) damage caused by incorrect handling, negligent assembly, impacts after delivery, improper exposure, unauthorized repairs or improper use;
b) ordinary wear and tear;
c) minimal differences or tolerances inherent in hand-painted or hand-assembled products that do not substantially affect the value or functionality of the product;
d) Incidents expressly warned to the Customer before the purchase regarding outlet, second-hand, liquidation or damaged stock items, provided that such warning is clear, specific and visible.
8.10. In the articles identified as DANA STOCKIn the case of outlet items, liquidation due to accident, wet box items, or products with known defects, the Customer accepts the purchase of the item in the condition specifically described in the data sheet, with the corresponding discount and without prejudice to the inalienable rights that the law does not allow to be excluded.
9. Different product, warehouse error or serious non-conformity
9.1. If the Customer receives a product that is materially different from the one contracted due to an error in preparation, picking, storage or labeling, KAIOLAND will assume the legally corresponding solution, including, as the case may be, replacement, substitution, collection, full or partial refund, or any other appropriate remedy.
9.2. If the difference with respect to the promotional photographs is due to non-substantial variations in production, color, shading, texture, manual assembly or adjustments inherent to the step from prototype to production, there will not be a lack of conformity in itself, unless the divergence is objectively substantial and affects essential characteristics of the product offered.
9.3. KAIOLAND does not guarantee an absolutely exact match between 3D renders, prototypes, promotional samples and the final product, especially in artisanal or limited production studios; however, the product must maintain a reasonable conformity with the contractual description and the advertised essential characteristics.
10. Legal guarantees and commercial guarantees
10.1. Nothing in these Conditions shall limit the consumer's non-derogable statutory rights for lack of conformity, defective product, material breach, damage caused by defective product or any other applicable public policy protection.
10.2. In the EU and Spain, liability for non-conformity shall be governed by Royal Legislative Decree 1/2007 and Directive (EU) 2019/771, as appropriate.
10.3. In the U.S., any written commercial warranty offered by KAIOLAND shall be construed in accordance with applicable federal law, including the Magnuson-Moss Warranty Act, without prejudice to applicable state law and UCC remedies in each jurisdiction. If KAIOLAND offers a written warranty or covered service contract, the limitations on implied warranties shall comply with 15 U.S.C. § 2308.
10.4. Consequently, any limitation of liability, repair, replacement or refund contained in these Terms shall always be understood subordinate to the applicable mandatory legislation.
11. Chargebacks, payment disputes and fraud
11.1. If the Customer initiates a chargeback, bank claim, payment gateway dispute or equivalent procedure, KAIOLAND may suspend parallel handling of the same incident until the external procedure is completed, without prejudice to providing the necessary documentation to the corresponding entity.
11.2. The Client undertakes to act in good faith and not to request duplicate refunds or multiple compensations for the same reason.
11.3. If, as a result of the external procedure, a full refund to the Client is confirmed, no further compensation will be due. If the procedure concludes in favor of KAIOLAND, this will not prevent the Client from exercising mandatory rights that cannot be legally waived, although it may be considered for evidentiary and contractual purposes.
11.4. Any attempt to obtain a double recovery, conceal evidence, manipulate documentation, deny accredited receipts or misuse chargeback systems may be treated as a serious breach and will entitle KAIOLAND to cancel future services and take appropriate action.
12. Contractual right of admission and customer conduct
12.1. KAIOLAND reserves the right to refuse new orders or cancel future business relationships with customers who engage in insults, threats, coercion, fraud, chargeback abuse, harassment of staff, impersonation, or any conduct objectively incompatible with contractual good faith.
12.2. In such cases, KAIOLAND may:
a) resolve the future business relationship;
b) limit means of contact;
c) deny new reservations; and
d) proceed, where appropriate, to reimburse undisputed or legally due amounts.
12.3. This power will not affect the rights already accrued by the consumer with respect to previously completed orders nor will it allow KAIOLAND to retain amounts that the law requires to be returned.
13. Applicable legislation and territorial scope
13.1. If the Customer is a consumer and resides in the European Union, these Conditions shall be interpreted without prejudice to the mandatory protection afforded to him by the consumer regulations applicable in his country of residence and, in particular, Directive 2011/83/EU and Directive (EU) 2019/771, as transposed by the corresponding national legislation.
13.2. For sales to the United States, these Terms will apply to the extent permitted by applicable state and federal law, including, where applicable, the FTC Mail, Internet, or Telephone Order Merchandise Rule, the Magnuson-Moss Warranty Act, and relevant provisions of the Uniform Commercial Code as applicable in the relevant state.
13.3. If any clause is declared null, abusive or unenforceable, this will not affect the validity of the rest of the clauses, which will continue in force to the maximum extent permitted by law.
14. Legal Precedence Clause
These General Terms and Conditions shall be interpreted in accordance with the mandatory consumer protection legislation applicable in each case. In the event of a conflict between a contractual clause and a mandatory rule, the latter shall prevail, and the remainder of the contract shall remain in full force and effect.