GENERAL TERMS AND CONDITIONS

applicable to all purchase agreements entered into via www.darkroseminiatures.com.

General Provisions

1. All purchases made via www.darkroseminiatures.com are subject to the following General Terms and Conditions (“Terms and Conditions”) which form an integral part of every purchase agreement made by and between the Buyer and Seller and set out the rights and obligations of the Parties hereto.

2. By submitting a purchase order the Buyer accepts and agrees to be bound by these Terms and Conditions to the full extent and in their entirety.

Purchase Order

1. Purchase orders are valid only if and to the extent that all mandatory details are filled in. All information provided in purchase orders has to be true, accurate and complete.

2. Purchase orders constitute proposals to enter into a purchase agreement.

Purchase Agreement

1. The Buyer and Seller are considered to have entered into a purchase agreement as soon as the Seller ships to the Buyer the goods he ordered.

2. The scope and subject-matter of the purchase agreement is limited strictly to the items expressly set out in the purchase order submitted via www.darkroseminiatures.com, including any additional order details such as quantity and quality. The properties of the goods delivered to the Buyer have to correspond to the images provided in the e-shop in all material respects; minor discrepancies resulting from image digitization, such as slightly different colours, dimensions or general appearance of a product, are possible.

3. All goods and products offered by the Seller meet all generally binding requirements applicable in the Slovak Republic and the European Union.

4. By entering into the purchase agreement, the Seller is obligated to deliver to Buyer the goods ordered and the Buyer is obligated to receive the same and pay Seller the agreed upon purchase price.

5. The Seller hereby represents and warrants that the parcel containing the goods ordered by the Buyer will contain a bill (invoice or receipt); this document also constitutes the purchase agreement entered into by the Parties.

6. In addition, the Seller undertakes to inform the Buyer of the status of his order by providing him with an order confirmation and shipping notice via e-mail (if the Buyer provided his e-mail in the purchase order).

7. The Seller shall meet the standard delivery times set out in Clause 2 of Section “Delivery Terms and Times” below; where standard delivery times cannot be met, the Seller shall notify the Buyer in time.

Prices and Payment Terms

1. The prices provided at www.darkroseminiatures.com are valid at the time the order is made.

2. When ordering goods, in particular when submitting a binding purchase order, the Buyer represents that he is aware of and agrees with the total price of the goods ordered.

3. The invoice raised based on the Buyer’s purchase order also constitutes a purchase agreement entered into by the Buyer and Seller.

4. The Seller shall accept and receive the goods ordered and pay the corresponding order price in a timely manner and without undue delay.

5. Where wire transfer is chosen as the payment method and the applicable amount is not paid by Buyer within 30 days of the order date the purchase order will be automatically cancelled.
6. Payment methods:
    - Paypal
    - Bank transfer
    - Pay by Card (Maestro, Visa and other)

Delivery Terms and Times

1. The delivery period starts on the day on which a binding purchase order is submitted to the Seller.

2. The Seller shall ship the products ordered by handing them over to the carrier as soon as reasonably possible, but no later than seven (7) days after they are available for sale.

3. The goods ordered by the Buyer shall be delivered to the address specified in the purchase order by the Slovak post as a post parcel.

Postage and Packing

1. Postage and packing charge will be added when  finishing the order.

Data Protection

1. When processing personal data, the Seller shall meet the requirements of Act No. 101/2000 Coll., on personal data protection.

2. The Seller hereby represents and warrants that all personal data provided by the Buyer is strictly confidential, will be used solely for the Seller’s internal needs and will never be disclosed or provided to any third parties or abused in any way whatsoever.

3. By using the www.darkroseminiatures.com website, filling in the registration form ( if the registration is possible) and/or submitting a binding purchase order the Buyer agrees that the Seller may gather, process and archive his personal data and details of any orders made via the www.darkroseminiatures.com website.

4. The Buyer may require that the Seller deletes any and all data about the Buyer from the Seller’s database.

Final Provisions

1. The Seller hereby expressly reserves the right to amend or modify the Terms and Conditions from time to time and solely at his discretion. Amendments and modifications of the Terms and Conditions come into force immediately when published. Older versions of the Terms and Conditions are superseded (i.e. cease to be in force and effect) by later versions immediately after a new version is published.

2. These Terms and Conditions came into force on 01. September 2017.


 

WARRANTY TERMS AND CONDITIONS

General Provisions

1. These Warranty Terms and Conditions apply to all goods purchased via www.darkroseminiatures.com.

2. The Seller guarantees the quality and completeness of Buyer’s orders.

3. The Warranty Terms and Conditions are subject to the provisions of Act No. 634/1992 Coll., on Consumer Protection, and Act No. 40/1964 Coll., the Civil Code.

Warranty Terms

1. Where the Buyer finds out, after receiving a shipment, that the delivery was incomplete, he shall inform the Seller, in writing, by e-mail or via telephone, without undue delay, however no later than three (3) days after receiving the delivery.

2. Unless a different warranty is expressly provided all goods are provided with a warranty period of twenty four (24) months starting with the day on which the products were delivered.

3. When receiving shipments from the carrier (Slovak Post) the Buyer shall verify that the packaging of the parcel is intact and that the contents were not damaged during transportation. Where the packaging is not intact or the goods are damaged, the Buyer shall refuse to accept the delivery, immediately request a “Damaged Shipment” report from the carrier, inform the Seller within 24 hours and send him the Damaged Shipment report. Later claims related to incomplete or damaged deliveries will not be taken into consideration and the Buyer will not entitled to any compensation whatsoever.

4. Where the Buyer identifies in the goods delivered a claimable defect or where such a defect develops or becomes apparent during the warranty period the Buyer has the right to lodge a complaint (raise a warranty claim).

5. Warranty claims have to be raised without undue delay after the underlying issue is identified.

Resolving Warranty Claims

1. Goods returned to the Seller has to be sent in the original packaging or, where original packaging is no longer available, in a different suitable packaging ensuring that the goods is not damaged during transport. Where relevant, parcels have to be marked with appropriate shipping instructions (such as FRAGILE etc.); generally, using the same marks as the Seller, if any, is recommended. When returning defective goods the Buyer shall ensure that the parcel is duly delivered to the Seller. Warranty claims cannot be accepted by the Seller when the goods claimed to be defective is damaged during shipping as a result of inadequate packaging and protection.

2. The Buyer shall provide the following together with the products claimed to be defective:

- original proof of purchase (invoice, delivery note) and all other documents;

- note describing the defects identified in the product(s), which has to contain at least the following details: Buyer’s name, address, phone and e-mail, date of purchase, invoice/delivery note number, product name and a detailed description of the defect together with how it developed.

3. Goods returned to the Seller together with all other required documents shall be sent as registered mail marked with the word “REKLAMACIA” (“warranty claim”) to the following Seller’s address:

Ing. Patrik Ružič, Moment, s.r.o., Murgašova 688/15, Bánovce nad Bebravou 957 01, Slovak republic

Please be advised that returns sent cash on delivery (COD) will not be accepted!

4. The Seller shall notify the Buyer via e-mail (if provided) that he received his warranty claim.

5. All warranty claims will be resolved within thirty (30) days after the defective goods is received by the Seller; where a longer period is required, it has to be agreed by the Buyer and Seller in writing, typically in a letter or e-mail.

6. Inasmuch as the warranty claim is found to be justified, the Seller reserves the right to resolve the complaint in one of the following ways set out in the applicable regulations, always with respect to product category and defect type: (a) by replacing the product (for a different one with the same parameters and properties), (b) providing an adequate discount, or (c) refunding the purchase price paid for the defective product (without postage and packing). Defects capable of being rectified are typically removed by repairing the defective product.

7. The Seller shall inform the Buyer via e-mail (if provided by the Buyer) about how the complaint will be handled and whether the Buyer receives another shipment (and if so when).

8. The complaint is considered closed as soon as the resolved claim is sent back to the Buyer.

Final Provisions

1. The Seller shall not be liable for damage to a product resulting from unskilled use or maintenance, external circumstances, mishandling, standard wear and tear or incorrect or unsuitable storing conditions.

Such defects are NOT COVERED by the product warranty hereunder!

2. Where a warranty claim proves to be unjustified, the products claimed to be defective will be returned to the Buyer (at his cost) with an explanation from the Seller’s representative responsible for the claim.

3. After a justified claim is finally resolved, the warranty period of the relevant product(s) will be extended by the time needed for the claim to be resolved. If the Buyer receives a new product as a result of his warranty claim, the warranty period for such a product starts on the day on which the claim was resolved.

4. These Warranty Terms and Conditions come into force on 01. September 2017. The Seller reserves the right to update or amend the Warranty Terms and Conditions without notice.

Returns and Alternative Products

In accordance with the provisions of Act No. 367/2000 Coll. the Buyer has the right to return any goods ordered via the e-shop to the Seller or exchange it for a different product within fourteen (14) days after receiving the original product. The following rules have to be observed when returning or exchanging goods:

1. The product has to be sent as registered mail to the Seller’s address and delivered in the original packaging, undamaged, in its entirety, unused and without signs of use. Please be advised that products returned to the Seller MUST NOT be shipped cash on delivery (COD), as all such parcels are rejected by the Seller.

2. In addition, the parcel must include the relevant proof of purchase (invoice or delivery note) and all other documents received with the product in question (such as manuals, etc.)

3. The Buyer shall also provide the following details: his or her name, address, phone number, e mail and where the refund is to be sent (bank account number in case of wire transfer refunds).

4. Assuming the above requirements are met, the amount will be refunded within xx days after the returned product(s) are received by the Seller. Please note that postage and packing charges are not refunded. All cost related to the return or replacement of products shall be born solely by the Buyer.

5. The Seller will not accept products returned by the Buyer or his withdrawal from the purchase agreement unless all of the above conditions have been met and will ship such products back to the Buyer at his expense.