The following terms and conditions of sale concern the retail trade by mail order or via the internet by KAKU CONCEPT on https://www.kakuconcept.com on behalf of MIGHTYELLOW Unipessoal, Lda., with registered office address: Rua Aquilino Ribeiro 318 – 1ºEsq. Fração O, 4600-050 Amarante, Portugal (the “Company”) and the buyer or end-customer (the “Buyer”) unless otherwise specified. We recommend that the Buyer reads the terms and conditions in full before making any purchase on www.kakuconcept.com. All information requests should be made to hello@kakuconcept.com.

The purpose of these conditions is to define the general terms of sale established between KAKU CONCEPT and the Buyer, from the moment of the order to the various services provided by KAKU CONCEPT, including payment methods and product delivery conditions.

These conditions govern all the steps necessary to place an order and exclude any other terms and conditions additional hereto or which the Buyer might seek to impose. No variation of these terms and conditions is permitted unless expressly accepted by the Company in writing.

1. Order

The Buyer may place their order online on the website www.kakuconcept.com or via email at hello@kakuconcept.com.

To place an order, the Buyer must register on the website www.kakuconcept.com and provide certain personal data, such as their name, address, and contact information. For this purpose, the Buyer must complete all mandatory fields in the registration form. Once the registration is completed, KAKU CONCEPT will assign the Buyer a customer number. Only individual buyers who are of legal age or legal entities may create an account on the website www.kakuconcept.com.

If the Buyer is already a registered customer, they should log in by entering their email address and password.

The Buyer may also register, obtain their customer number, and place their order via email. In this case, their personal data and order details will be collected by the company's services, and Kaku Concept ensures the appropriate technical and organizational measures are in place to ensure an adequate level of security for the rights and freedoms of the Buyers in the data processing involved.

The validation of the order implies that the Buyer has acknowledged and expressly accepted these general terms of sale, available for consultation on www.kakuconcept.com, as well as the prices and product descriptions available for sale.

Once the purchase is completed and payment is processed, the Buyer will receive an automatic email confirming the purchase transaction. If the data is incorrect, the Buyer may request immediate changes or even the cancellation of the order.

In the case of an order via email, KAKU CONCEPT will provide the Buyer with the legally required pre-contractual information, including these general terms of sale for distance selling, through the Buyer's email, thereby confirming the purchase and sale agreement with the Buyer.

If a product is unavailable due to being discontinued in production, KAKU CONCEPT commits to informing the Buyer and refunding any amounts that may have been paid within a maximum of 10 (ten) days from the date KAKU CONCEPT becomes aware of its unavailability.

Under the terms of Decree-Law No. 7/2004 of January 7 (as amended by Decree-Law No. 62/2009 of March 10 and Law No. 46/2012 of August 29), relating to electronic commerce, KAKU CONCEPT reserves the right to unilaterally cancel the order whenever a programming error, a malfunction of Kaku Concept's computers, or a distorted contractual proposal occurs, and the error affects an essential element of the contract.

2. Cancellation

If you need to cancel an order, you should contact us via email before the order is dispatched so we can proceed with the cancellation. It is not possible to cancel orders directly on the website; therefore, you must send an email to the following address: hello@kakuconcept.com.

The buyer has 24 hours to cancel the order. After this period, the cancellation will no longer be possible.

The Company offers handcrafted products that are one-of-a-kind and may feature variations in color, texture, shape, size, and overall consistency, which can be attributed to the natural materials used or the production process. Minor imperfections such as small knots, color variations, streaks, or subtle grain markings are characteristic of the material and should not be viewed as defects. The Company does not guarantee uniformity in color, texture, grain patterns, or surface hardness of these materials. The Buyer acknowledges and accepts these normal and expected differences, which are not considered defects and are not eligible for return after the specified return period outlined in the Returns Section. Issues arising from improper use or similar concerns are not covered under the right to claim or cancel an order.

3. Price, payment and shipping terms

Price
The prices are presented in euros, including taxes and fees. The prices displayed account for the applicable VAT at the time of invoicing. Any changes to the applicable VAT rate will be reflected in the product prices.

If the Buyer resides outside the EU, the Buyer may contact us separately. Full payment is taken in advance and the card holder will be charged with the successful completion of the order.

The prices displayed on the website www.kakuconcept.com include shipping costs for countries within Europe.

Prices and specifications are subject to change without prior notice. However, once the order is confirmed, the prices will remain fixed and cannot be altered.

Payment
KAKU CONCEPT accept payment with major credit cards (Visa, Mastercard, Amex and UnionPay), PayPal, Shop Pay or Google Pay.

The Company reserves the right of the ownership of the goods until the Buyer has made full payment.

Shipping Terms
All our shipments are processed by a carrier specializing in home delivery.
Shipments must be checked and matched with the enclosed delivery note by receipt. Missing items must be reported instantly to the Company. Subsequent reports of missing items will not be considered.
The buyer shall have no right to set off, statutory or otherwise.

4. Delivery

The order will be delivered to the address provided by the buyer at the time of order confirmation as the delivery address, which may be the address on the customer's profile or a different address. If the buyer is not at the indicated address at the time of delivery, the carrier will leave a delivery attempt notice or send an SMS with the necessary instructions to reschedule the delivery or pick up the order at a designated pick-up point.

In any case, buyers are hereby informed that the delivery company is not obligated to place the products in specific rooms or areas within the buyer's home. The delivery company is only required to deliver the products at the entrance of the buyer's property.

The Company shall not be liable for any loss whatsoever or howsoever arising caused by its non-delivery or by the failure to make goods ready for collection on the due date.

If the Buyer shall fail to take delivery of the goods when delivery is attempted or falls due, the Company shall be considered to have tendered and the Buyer to have refused to accept such delivery.

All products are made to order with the delivery time specified in advance.

The products will be delivered within the timeframe indicated on the product page, although delays may occur in exceptional cases due to force majeure.

If the Company is not able to meet any agreed delivery time, the Company will inform the Buyer.

There is the possible existence of geographic or other restrictions on delivery and accepted means of payment.

5. Returns

The buyer has a period of 14 (fourteen) days from the date of receipt of the product to request a refund. The buyer must notify the company by email at hello@kakuconcept.com or through the contact form available on the website, providing the invoice number and the reason for the refund request.

The products must be returned in perfect condition, without signs of use, damage, or modifications, with all original tags, and packaged in the original packaging. The buyer is responsible for the return shipping costs, which will be deducted from the total refund amount.

Once the product is received and inspected by the company, the refund will be processed within a maximum of 14 (fourteen) days. The refund will be made using the same payment method used by the customer for the purchase, unless otherwise agreed.

Returns are closely inspected upon delivery, and we reserve the right to refuse any returns that do not match these criteria.

The following products are not eligible for a refund:

• Custom or made-to-order products.
• Products that have been damaged due to misuse or negligence by the customer.
• Products that have been used or altered by the customer.

Damaged product during shipping
If the packaging of your order is damaged, shows signs of damage caused during transport, or is in poor condition, you should refuse the delivery with the carrier. If you are unable to refuse the delivery because you are not present at the time of delivery, you have 48 hours after receiving the order to file a complaint about the damaged condition via our email: hello@kakuconcept.com or through the contact form on our website on the contact page. After the 48-hour period, no claims for transport-related damage to the product will be accepted.

The company reserves the right to modify this policy at any time, with prior notice on the website or through other communication channels with customers. Continued use of the website after such modifications constitutes acceptance of the updated refund policy terms.

6. Intellectual property

The drawings, designs, copyright and intellectual property of the goods shall belong to the Company unless expressively agreed in writing to the contrary.

7. Product liability

The Company offers handcrafted products made from various natural materials. Each item is unique, and as a result, there may be variations in color, texture, shape, size, surface hardness, and overall consistency due to the materials or production process. Features like knots, stripes, color differences, and grain lines are natural and not considered defects. The Company does not guarantee colorfastness, texture matching, or uniformity of materials. The Buyer accepts these natural variations, which are not grounds for return outside the specified return period.

All product images, descriptions, and color representations on any platform are for reference only. Natural variations in color and material may occur over time and with use.

Claims or warranties do not cover products that have been misused, incorrectly stored or assembled, improperly used contrary to the Company’s guidelines, damaged, altered, or cleaned with unsuitable methods. The warranty also excludes normal wear and tears, user modifications, scratches, damage from impacts, accidents, or improper handling, as well as exposure to extreme temperature fluctuations.

The Company is only liable for material damage caused by its products if it is proven that the damage resulted from the Company’s error or negligence.

Any complaint must be submitted in writing to hello@kakuconcept.com, including a detailed description of the issue with supporting photos. Each case will be evaluated, and the product may need to be returned for inspection at the Buyer’s cost. If the claim is valid, the product will be repaired or replaced. Failure to follow these procedures will result in forfeiting the right to complain. The Buyer assumes responsibility for the goods during storage and until the condition of the products is assessed.

8. Final provisions

The personal data provided is mainly used to process the Buyer’s order and for other purposes outlined in our Privacy Policy.

9. Customer service

If the Buyer needs assistance after the sale, has any questions, feedback, or concerns, they can reach out to our Customer Service:
Customer Service Hours: 09:00 – 18:00 on weekdays (Portugal time).
Email: hello@kakuconcept.com

10. Applicable law

These terms and conditions are subject to Portuguese law and will be interpreted in accordance with it. Any disputes arising between the Company and the Buyer will fall under the jurisdiction of the Portuguese courts.

In case of any legal disagreements, the parties should first attempt to resolve the matter through direct discussions. If such negotiations do not lead to a resolution, legal mediation may be pursued, with any further disputes being resolved in accordance with Portuguese law, and specifically under the jurisdiction of the Court of Porto.