Terms and Conditions and Complaints Procedure

I. General Provisions

These Terms and Conditions govern the rights and obligations between the seller, the company Moment, s.r.o., Murgašova 688/15, 957 01 Bánovce nad Bebravou, Slovak Republic, Company ID (IČO): 45 469 199, Tax ID (DIČ): 2023002531, registered in the Commercial Register of the District Court Trenčín, Section Sro, Insert No. 22783/R, bank account Tatra banka: 2923833966/1100, e-mail: info@darkroseminiatures.com, tel.: +421 905 526 450, which operates the online shop www.darkroseminiatures.com (hereinafter the "Seller"), and the customer (hereinafter the "Buyer").

The Seller is not a VAT payer. All prices in the shop are final.

The Buyer is either a consumer or a business. A consumer is a natural person who, when concluding and performing the contract, does not act within the scope of their business, employment or profession. A business is a person who purchases within the scope of their business activity and provides a company ID (IČO) and, where applicable, a tax ID (DIČ / VAT ID) in the order.

These Terms and Conditions set out the rights and obligations of the Seller and the Buyer. By submitting an order, the Buyer confirms that they have read these Terms and Conditions and agree to them. The Terms and Conditions are binding on both parties unless agreed otherwise.

II. Subject of the Order and Conclusion of the Contract

Only goods listed on the website www.darkroseminiatures.com may be the subject of an order. The Buyer places an order by selecting goods via the shopping cart, choosing the delivery and payment method, entering the billing address and the delivery address (if different from the billing address), and submitting the order by clicking the button labelled "Order with obligation to pay". After submitting the order, the Buyer immediately receives an e-mail confirming receipt of the order together with a copy of it. The purchase contract is concluded upon delivery of the order confirmation to the Buyer.

The Buyer is obliged to fill in the mandatory details in the order truthfully, as they are used for the correct delivery of the goods and the issuing of the tax document: name and surname, delivery address, e-mail address and telephone number. A business shall also provide the company name, company ID, tax ID, VAT ID (if a VAT payer) and the registered office address.

III. Prices and Availability of Goods

The prices of goods are stated for each product and are final. The shipping cost and any fee for the selected payment method are added to the price of the goods according to the current price list on the Shipping and Payment page. Goods marked IN STOCK can be dispatched immediately. For discounted goods, the lowest price at which the goods were sold during the 30 days prior to the discount is also displayed.

IV. Cancellation of an Order

An order may be cancelled free of charge within one hour of placing it, by e-mail to info@darkroseminiatures.com. When cancelling an order, the Buyer must provide its basic details (order number, date and time of the order, name and surname of the Buyer). If the Buyer has in the meantime made a payment to the Seller's account, the full amount will be refunded to the Buyer's account without delay.

If the Buyer selects "bank transfer" or "PayPal" as the payment method and the payment is not credited to the Seller's account within 5 days of placing the order, the Seller is entitled to cancel the order. This does not affect the Buyer's right to pay the order later by agreement with the Seller.

The Seller reserves the right to cancel an order or not to deliver part of it if the goods are no longer manufactured or supplied, or have sold out due to simultaneous orders by several buyers. In such a case, the Seller will contact the Buyer without delay to agree on an alternative solution or refund any payment already made for the undelivered goods.

V. Obligations of the Seller

The Seller undertakes to:

• deliver the correct type and quantity of goods on the basis of the Buyer's order, at the price valid at the time of the order and under the agreed payment terms,
• dispatch the ordered goods to the delivery address specified by the Buyer within the period stated in Article VII,
• ensure the complete fulfilment of the order properly, on time and with due professional care,
• maintain confidentiality of the Buyer's personal data and process it in accordance with the Privacy Policy,
• not disclose the Buyer's personal data to third parties, except to postal and courier companies to the extent necessary for the delivery of the goods,
• deliver the goods together with a tax document (invoice), which also serves as the delivery note.

The Seller reserves the right not to dispatch a further cash-on-delivery order to a Buyer who, at the time of placing the new order, has not yet collected and paid for a previous cash-on-delivery parcel. In such a case, the Seller will offer the Buyer payment in advance.

VI. Obligations of the Buyer

The Buyer undertakes to:

• provide only truthful information in the order or registration so that the ordered goods can be delivered correctly and on time,
• pay the purchase price for the goods in full, within the specified due date and in accordance with the Terms and Conditions valid on the day the order is submitted,
• duly take delivery of the ordered goods and check the integrity of the packaging upon receipt; in the event of visible damage to the parcel, we recommend drawing up a damage report with the carrier, which will make the subsequent handling of a complaint easier.

The ordered goods become the property of the Buyer upon full payment of the purchase price. The risk of damage to the goods passes to the Buyer upon receipt of the goods.

If the Buyer fails to collect a cash-on-delivery parcel without good reason and the parcel is returned to the Seller, the Seller is entitled to claim from the Buyer the costs actually incurred for shipping and returning the parcel.

VII. Delivery Time

• Cash-on-delivery orders of in-stock goods received on a working day by 15:00 are dispatched on the same day; other orders on the next working day.
• Orders paid in advance (bank transfer, PayPal, card payment) are dispatched within 24 hours of receipt of payment, on working days.
• Goods ordered on a non-working day or public holiday are processed on the next working day.

Delivery within Slovakia usually takes 1–2 working days from dispatch, to the Czech Republic 2–3 working days and to other EU countries 3–7 working days. The Seller shall deliver the goods no later than 30 days from the conclusion of the contract, unless otherwise agreed with the Buyer.

If goods with different delivery times are ordered (goods to order, etc.), the Buyer determines the delivery method, i.e. all at once within the period of the goods with the longest dispatch time, or in parts. For this purpose, the Seller will contact the Buyer, or the Buyer will specify this in the order note. The Buyer may specify a requested delivery date in the order note.

VIII. Transport of Goods

The ordered goods are transported by Slovak Post (Slovenská pošta), Packeta (Zásielkovňa) or a contracted courier company, in accordance with their transport conditions. Delivery fees are displayed in the cart before the order is submitted and are included in the final price of the order. The order price generated by the shop www.darkroseminiatures.com is final; Buyers in Slovakia and the EU pay no further fees. For shipments outside the EU, customs duties and taxes may be charged in the destination country, which are paid by the Buyer.

If the parcel cannot be delivered on the first attempt, the carrier will attempt redelivery or deposit the parcel at a pick-up point, where the Buyer can collect it within the collection period. After the collection period expires, the parcel will be returned to the Seller.

IX. Payment Methods

Goods purchased at www.darkroseminiatures.com may be paid for by:

• cash on delivery (payment upon delivery, within the Slovak Republic only),
• bank transfer in advance,
• PayPal,
• online card payment (Visa, Mastercard, Maestro),
• cash on personal collection by arrangement.

Current shipping and payment fees are listed on the Shipping and Payment page. We do not ship cash-on-delivery orders abroad; only payment in advance is accepted.

The Seller reserves the right to require payment in advance (bank transfer, PayPal or card) before dispatching a further order to a Buyer who has previously failed to collect a cash-on-delivery parcel.

X. Withdrawal from the Contract and Return of Goods

A Buyer who is a consumer has the right to withdraw from a contract concluded at a distance without giving a reason within 14 days from the day of receipt of the goods. The withdrawal period is observed if the Buyer sends the notice of withdrawal no later than on the last day of the period.

The Buyer may exercise the right of withdrawal by e-mail to info@darkroseminiatures.com or in writing to the Seller's address, including by using the withdrawal form, which is attached to the order confirmation e-mail and is available for download here: Withdrawal form.

The Buyer is obliged to send the goods back to the Seller's address (not cash on delivery) no later than 14 days from the day of withdrawal. The cost of returning the goods is borne by the Buyer. We recommend sending the goods as a registered and insured parcel.

The Seller shall refund to the Buyer all payments received, including delivery costs (up to the amount of the cheapest standard delivery method), no later than 14 days from the day of receipt of the notice of withdrawal, using the same payment method as used by the Buyer, unless agreed otherwise. The Seller is not obliged to refund the payments before the goods are delivered back or the Buyer proves that they have been sent.

The Buyer is liable for any decrease in the value of the goods resulting from handling beyond what is necessary to establish the nature and functionality of the goods (e.g. opened and used paints, used brushes). The Buyer may not withdraw from the contract in respect of goods sealed in protective packaging which are not suitable for return for hygiene reasons and whose seal has been broken after delivery.

The provisions of this Article do not apply to a Buyer who is a business.

XI. Alternative Dispute Resolution for Consumers and Supervisory Authority

1. The Buyer – consumer has the right to contact the Seller with a request for redress (by e-mail to info@darkroseminiatures.com or by post to Moment, s.r.o., Murgašova 688/15, 957 01 Bánovce nad Bebravou, Slovakia) if they are not satisfied with the way the Seller handled their complaint, or if they believe the Seller has violated their rights.

2. If the Seller responds to the request for redress with a refusal, or does not respond within 30 days from the date it was sent, the consumer has the right to submit a proposal for the initiation of alternative dispute resolution to an alternative dispute resolution entity pursuant to Act No. 391/2015 Coll. on Alternative Resolution of Consumer Disputes and on amendments to certain acts, as amended.

3. The alternative dispute resolution entity is the Slovak Trade Inspection (Slovenská obchodná inšpekcia) or another authorised legal entity registered in the list of alternative dispute resolution entities maintained by the Ministry of Economy of the Slovak Republic. The list is available at www.mhsr.sk. The consumer has the right to choose which of these entities to contact.

4. Contact details of the Slovak Trade Inspection for alternative dispute resolution:
Slovak Trade Inspection (Slovenská obchodná inšpekcia), Central Inspectorate
Department of International Relations and Alternative Resolution of Consumer Disputes
Bajkalská 21/A, P.O. Box 29, 827 99 Bratislava 27, Slovakia
e-mail: ars@soi.sk, adr@soi.sk
web: www.soi.sk/sk/alternativne-riesenie-spotrebitelskych-sporov.soi

5. The consumer may submit the proposal for the initiation of alternative dispute resolution in paper form, in electronic form, or orally for the record. The requirements of the proposal are set out in Section 12 of Act No. 391/2015 Coll. The proposal form is available on the website of the Slovak Trade Inspection. The consumer shall attach documents related to the dispute (proof of purchase, request for redress, the Seller's reply).

6. Alternative dispute resolution applies only to disputes arising from consumer contracts concluded at a distance, and only to disputes between a consumer and a seller. The alternative dispute resolution entity may reject the proposal if the quantifiable value of the dispute does not exceed EUR 20. The alternative dispute resolution entity may require the consumer to pay a fee for the initiation of alternative dispute resolution of no more than EUR 5 including VAT. Alternative dispute resolution is generally concluded within 90 days from the date of its initiation.

7. Alternative dispute resolution does not exclude the consumer's right to bring the matter before a court.

8. The supervisory authority overseeing the Seller's obligations towards consumers is the Slovak Trade Inspection, SOI Inspectorate for the Trenčín Region, Hurbanova 59, 911 01 Trenčín, Slovakia, tel.: +421 32 640 01 09, e-mail: tn@soi.sk. The consumer may also file a complaint requesting an inspection electronically via www.soi.sk.

XII. Complaints Procedure

This Complaints Procedure is an integral part of the Terms and Conditions of the shop www.darkroseminiatures.com.

The Seller is liable for defects that the goods have upon receipt by the Buyer, and for defects that occur within 24 months of receipt of the goods by the Buyer – consumer. For goods with a stated best-before date (e.g. paints, putties, adhesives), the Seller is liable for defects until that date.

The Buyer is obliged to inspect the parcel upon receipt. We recommend reporting visible damage to the parcel, shortfall or partial loss of contents to the carrier immediately and drawing up a damage report. If damage or partial loss of the contents is not apparent upon receipt, we recommend notifying the Seller without undue delay, preferably within 2 days of delivery, together with a photo of the parcel and its contents. This does not affect the consumer's right to claim a defect within the statutory period.

The Buyer submits a complaint to the Seller by e-mail to reklamacie@darkroseminiatures.com or in writing to the Seller's address. The complaint must contain:

1. identification and description of the defect (ideally with a photo),
2. the order or invoice number,
3. a copy of the damage report, if one was drawn up with the carrier,
4. the Buyer's choice of how the complaint should be settled (repair, replacement, price reduction, refund).

By agreement with the Seller, the Buyer shall send the goods subject to the complaint to the Seller's address (not cash on delivery) together with a copy of the proof of purchase. If the complaint is accepted, the Seller will reimburse the Buyer for the reasonable costs of sending the goods.

The Seller shall issue the Buyer with a confirmation of the complaint and settle the complaint no later than 30 days from the date it was made. After this period, the Buyer – consumer has the right to withdraw from the contract or to demand replacement of the goods. The Seller shall inform the Buyer of the settlement of the complaint by e-mail and issue a written document on its settlement.

If the defect can be remedied, the Buyer has the right to have it remedied free of charge or to have the goods replaced. If the defect cannot be remedied, or if the same defect recurs, the Buyer has the right to replacement of the goods or to withdraw from the contract and receive a refund of the purchase price. For defects that do not prevent proper use of the goods, the Buyer is entitled to a reasonable price reduction.

Liability for defects does not cover defects caused by normal wear and tear, improper use or storage of the goods contrary to the manufacturer's instructions (e.g. frozen paints, drying out after improper closing), or defects of which the Buyer was informed at the time of purchase.

For faster handling of a complaint, we recommend contacting the Seller by telephone on working days from 9:00 to 15:00 on +421 905 526 450 or by e-mail at reklamacie@darkroseminiatures.com.

XIII. Personal Data Protection

The Seller processes the Buyer's personal data in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data (GDPR) and Act No. 18/2018 Coll. on Personal Data Protection. Personal data is processed for the purpose of processing the order, delivering the goods, issuing the tax document, handling complaints and fulfilling the Seller's legal obligations (accounting, archiving).

The Seller discloses personal data to third parties only to the extent necessary to fulfil the order (carriers, payment service providers) and to the operator of the WEXBO e-shop system as a processor. The Seller does not sell or rent personal data.

Detailed information on the processing of personal data, on the Buyer's rights (the right of access, rectification, erasure, restriction of processing, data portability, the right to object and the right to lodge a complaint with the Office for Personal Data Protection of the Slovak Republic) and on the use of cookies is provided in the Privacy Policy, which forms an integral part of these Terms and Conditions.

XIV. Final Provisions

These Terms and Conditions form an integral part of the purchase contract. If the Seller and the Buyer conclude a written purchase contract containing terms that differ from these Terms and Conditions, the provisions of the purchase contract shall prevail.

Legal relations between the Seller and the Buyer – consumer not governed by these Terms and Conditions are governed in particular by Act No. 108/2024 Coll. on Consumer Protection and on amendments to certain acts, Act No. 40/1964 Coll. the Civil Code, Act No. 391/2015 Coll. on Alternative Resolution of Consumer Disputes and Act No. 22/2004 Coll. on Electronic Commerce, all as amended and as applicable in the Slovak Republic. Legal relations between the Seller and the Buyer – business are governed by Act No. 513/1991 Coll. the Commercial Code, as amended.

The Seller reserves the right to amend these Terms and Conditions. The version of the Terms and Conditions in force on the day the order is submitted always applies to the Buyer.

These Terms and Conditions are valid and effective from 12.09.2026.