Terms and Conditions

Mørkesen.com is an online store operated by the company BIZON.expert, with its head office at Ormoška cesta 21, 9240 Ljutomer, Slovenia, European Union, registration number 8040397000, and tax number 23373989 (hereinafter referred to as the “provider”). By using this website, you agree to the stated terms; therefore, it is advisable to read them carefully. The provider reserves the right to change the terms on the Mørkesen.com website at any time without prior notice. These general terms and conditions of the online store www.mørkesen.com have been prepared in accordance with the Consumer Protection Act (ZVPot-UPB2), the recommendations of the Chamber of Commerce and Industry, and international e-commerce codes.

1. Accessibility of Information

The provider commits to always provide the buyer with the following information:

Company identity (name, registered office, registration number).
Contact addresses enabling fast and efficient communication (e-mail).
Essential characteristics of the goods or services (including after-sales services and guarantees).
Product availability (each product or service offered on the website should be available within a reasonable period).
Terms of product delivery or service performance (method, place, and time of delivery).
All prices clearly and unambiguously specified, indicating whether they include taxes and transport costs.
Methods of payment and delivery.
Offer validity period.
The period within which it is still possible to withdraw from the contract, including whether and how much it costs the buyer to return a product.
The procedure for complaints, with all necessary contact details for the relevant person or customer service department.

2. Protection of Personal Data

The Mørkesen.com online store guarantees the security of personal data and handles it following the Personal Data Protection Act. Under no circumstances will personal data be shared with third parties or unauthorized persons. The provider undertakes to protect all users’ data permanently.

Personal data will be used exclusively to fulfill orders (e.g., sending informational materials, offers, or invoices) and for other necessary communications.

3. Prices

All prices in the Mørkesen.com online store are listed in EUR and may change without prior notice.

The listed prices represent the regular selling price.

Despite exceptional efforts to provide accurate and up-to-date data, errors in pricing information may occur.

Prices are valid at the time of order placement and remain fixed once the order is confirmed. They apply equally to both the provider and the buyer.

The purchase agreement (order) is stored at the provider’s headquarters. Buyers can access their purchase agreements at any time using their username and password.

4. Payment Methods

The Mørkesen.com online store offers the following remote payment methods:

Payment via the Stripe payment system (including credit cards).
Payment via Google Pay.
Payment via Apple Pay.
Payment via PayPal.

The provider employs appropriate technological and organizational measures to protect the transmission and storage of personal data and payment information.

5. Delivery

The provider strives to deliver products within the promised time frame. In most cases, we deliver products through Post of Slovenia; however, we reserve the right to choose an alternative delivery service if it allows for more efficient order fulfillment.

The risk of loss or damage to shipped goods transfers from the provider to the buyer once the goods are physically received by the buyer or a third party designated by the buyer who is not the carrier. If the buyer arranges for transportation by a carrier not offered by the provider, the risk of loss or damage passes to the buyer upon delivery of the goods to the carrier.

6. Delivery Times, Costs, and Conditions

The delivery time for ordered goods depends on several factors.

In-stock items: If the ordered goods are in stock, they will be shipped within 2-3 working days.
Out-of-stock items: If any ordered products are out of stock, your shipment will be dispatched on the next business day after the product becomes available. Customers will be informed about estimated delivery times for products currently out of stock.

Upon receiving your order or payment confirmation, we will begin processing your shipment. When the order is ready for dispatch, you will receive an email notification.

Delivery costs are specified for each product and displayed in the online shopping cart, both before and during the order process.

Delivery is carried out on weekdays and Saturday mornings (until noon) to the address provided during the order process.

If you are not home when the delivery is made, the courier/delivery service will leave a notice with instructions for arranging redelivery or for collecting your shipment at the nearest pickup location.

Delivery price list by country

Slovenia: 3,90 €
European Union (Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Spain, Sweden): 7,90 €
Rest of Europe (Åland Islands, Albania, Andorra, Bosnia and Herzegovina, Faroe Islands, Gibraltar, Guernsey, Iceland, Isle of Man, Jersey, Liechtenstein, Moldova, Monaco, Montenegro, North Macedonia, Norway, San Marino, Serbia, Svalbard and Jan Mayen, Switzerland, Turkey, United Kingdom): 9,90 €
Rest of the World (Argentina, Armenia, Australia, Azerbaijan, Bolivia, Brazil, Canada, Chile, China, Colombia, Ecuador, Georgia, Hong Kong, India, Indonesia, Japan, Kazakhstan, Malaysia, Mexico, New Zealand, Oman, Paraguay, Peru, Philippines, Qatar, Saudi Arabia, Singapore, South Africa, South Korea, Thailand, United Arab Emirates, United States, Uruguay, Uzbekistan, Venezuela, Vietnam): 13,90 €

7. Guarantee of Conformity of Goods

The provider is responsible for any non-conformity of the goods that exist at the time of delivery and becomes apparent within two years from the date of delivery. It is presumed that any non-conformity that becomes apparent within one year of delivery existed at the time of delivery, unless the provider proves otherwise or if this presumption is inconsistent with the nature of the goods or the nature of the non-conformity.

The consumer may exercise their rights under the guarantee of conformity if they notify the provider of the non-conformity within two (2) months of discovering it. The notification must include a detailed description of the non-conformity and allow the provider to inspect the goods. The notification must be accompanied by an invoice, contract, or other document confirming the purchase. Notifications of non-conformity can be sent to info@mørkesen.com.

Subjective Requirements for Conformity

Goods are considered to conform to the sales contract if they:

Match the description, type, quantity, quality, functionality, compatibility, interoperability, and other characteristics specified in the sales contract.
Are suitable for the specific purpose for which the consumer requires them, as informed to the provider at the time of concluding the sales contract, provided the provider agrees to this purpose.
Are delivered with all accessories and instructions specified in the sales contract.
Meet the required updates as specified in the sales contract.

Objective Requirements for Conformity

In addition to meeting the subjective requirements, goods must also:

Be suitable for the purposes for which goods of the same type are generally used, taking into account relevant regulations, technical standards, or industry codes of conduct if applicable.
Match the quality and description of a sample or model provided to the consumer before the sales contract was concluded, where applicable.
Include any accessories, packaging, and instructions that the consumer can reasonably expect to receive.
Have the characteristics, quantity, and other properties, including durability, functionality, compatibility, and safety, that are usual for goods of the same type and that the consumer can reasonably expect based on the nature of the goods and public statements made in advertising or labeling by or on behalf of the supplier or other parties in the supply chain, including the manufacturer.

The provider is not liable for non-conformity if:

They were unaware of the public statement and could not reasonably be expected to be aware of it.
The public statement was corrected in a timely and comparable manner before the sales contract was concluded.
The public statement could not have influenced the consumer’s decision to purchase the goods.

Exceptions to Liability

The provider shall not be liable for a lack of conformity if the consumer was explicitly informed at the time of the contract that certain characteristics of the goods deviated from the objective requirements, and the consumer expressly and separately accepted these deviations.

Remedies for Lack of Conformity

If the consumer properly informs the provider of a lack of conformity, the provider must, free of charge and without undue inconvenience, restore the goods to conformity within a reasonable time, not exceeding 30 days. If additional time is needed, an extension of up to 15 days may be granted, provided the provider informs the consumer in advance of the reason for the delay and the expected extension period.

Consumers may, in the following order, request:

Free restoration of conformity (repair or replacement).
A proportionate reduction of the purchase price.
Withdrawal from the sales contract and a refund of the amount paid.

If the lack of conformity arises within 30 days of delivery, the consumer may withdraw from the contract immediately. Withdrawal can be initiated using a statement attached to these Terms and Conditions. Upon withdrawal, the provider will refund the consumer immediately, but no later than eight days after receiving the goods or proof of their return. Refunds will be issued in the same payment method used by the consumer for the original transaction.

8. Return of the Product

For distance contracts, the consumer has the right to notify the company of their withdrawal from the contract within 14 days of receiving the goods, without providing a reason for their decision. The consumer must return the goods within 14 days of notifying the company of their intent to withdraw. The consumer bears only the direct costs of returning the goods.

In the case of a sales contract, the withdrawal period begins:

On the day the consumer or a third party (other than the carrier and nominated by the consumer) takes physical possession of the goods.
On the day the consumer or a third party (other than the carrier and nominated by the consumer) takes physical possession of the last item, if the order consists of multiple goods delivered separately.
On the day the consumer or a third party (other than the carrier and nominated by the consumer) takes physical possession of the last shipment or piece, if the goods are delivered in multiple parts or shipments.
On the day the consumer or a third party (other than the carrier and nominated by the consumer) takes physical possession of the first item, if the goods are delivered regularly over a specified period.

For contracts for the provision of services, the withdrawal period begins on the day the contract is concluded.

For contracts involving the supply of water, gas, electricity (not sold in limited volume or quantity), district heating, or digital content not supplied on a tangible medium, the withdrawal period also begins on the day of contract conclusion.

Exceptions to Withdrawal Rights

Unless agreed otherwise, consumers do not have the right to withdraw in the following cases:

Goods or services whose price depends on fluctuations in the market that the company cannot influence and which may occur during the withdrawal period.
Goods made to the consumer’s specifications or personalized.
Services that are fully performed by the company, where the provision began with the consumer’s prior explicit consent and acknowledgment that they would lose their right to withdraw upon full performance of the contract.
Goods that are inseparably mixed with other items due to their nature.
Digital content is not supplied on a tangible medium if the provision began with the consumer’s prior explicit consent and acknowledgment that they would lose the right to withdraw from the contract.

How to Return the Product

Send an email to info@mørkesen.com with “Return [order number]” in the subject line.

Fill out the return form and include it in the package along with a copy of the invoice. You can find the form HERE.

Ensure that the returned product is unused, undamaged, and in the same quantity as received. The product must also be returned in its original packaging with all manuals and warranty documentation.

Upon withdrawal from the contract, the company will refund all payments received, no later than 14 days from the date of receiving the withdrawal notification. The refund will be issued using the same payment method the consumer used unless the consumer explicitly requests an alternative method that incurs no additional cost to them.

For sales contracts, the company may withhold the refund until the returned goods are received or until the consumer provides proof of having sent the goods back unless the company has agreed to collect the goods itself.

When returning a product, the shipping costs are the responsibility of the consumer unless the return is due to an error on the part of the provider. In such cases, the provider will cover the shipping costs. Please note that we do not accept packages sent with a ransom.

If the goods cannot be returned by mail in accordance with the price list of the contractual partner providing transport services, the costs of returning the goods will be charged to the consumer. Should you find the shipping costs excessively high, please contact us, and we will work together to find a suitable solution.

The consumer is responsible for any reduction in the value of the goods in the following cases:

If the product is used or there are visible signs of usage.
If the packaging or product is damaged, or dirty, or if the original packaging and necessary accessories are missing.

The return policy is not intended for consumers to test the product for 15 days and then return it. It exists to guarantee your satisfaction, given that you were unable to physically inspect the product before purchase. If you decide the product is not suitable for you, carefully open the packaging, inspect the product, and if unsatisfied, repack it securely and return it to our address.

For further assistance, feel free to contact us at info@mørkesen.com.

9. Product Designs

Copyright Disclaimer

Our products feature designs that incorporate partial excerpts of song lyrics by various bands. We acknowledge that these lyrics are the copyrighted work of their respective owners. All rights to the original lyrics remain with the original copyright holders.

Design Disclaimer

The designs on our products may include artwork that is inspired by the logos of well-known bands. These designs are original creations and are not identical to the original band logos. They are only intended to resemble the original logos in a manner consistent with artistic inspiration. All rights to the original logos remain with their respective trademark and copyright holders.

Fair Use Notice

The use of partial lyrics and logo-inspired designs on our products is intended as an expression of fan art and commentary, consistent with principles of fair use. These products are not affiliated with, endorsed, or approved by the bands or their representatives.

No Endorsement Implied

The inclusion of lyrics and logo-inspired designs does not imply any endorsement, sponsorship, or association with the original artists, bands, or their representatives.

Customer Acknowledgment

By purchasing our products, customers acknowledge and agree that:

The lyrics are the intellectual property of the original copyright owners.
The logo designs are independent creations and not official representations of the bands.
The products are intended solely for personal, non-commercial use.

Intellectual Property Rights

All original artwork, including the inspired designs on our cproducts, is the intellectual property of this store and its designers. Unauthorized reproduction or distribution of these designs is prohibited.

Limitation of Liability

We assume no responsibility for any claims arising from the use of our products in a manner contrary to these terms.

10. Complaints and Disputes

The Provider complies with all applicable consumer protection legislation.

In the event of complaints, disputes, or issues, consumers can contact the Provider via email at info@mørkesen.com. The complaint handling process is confidential.

The Provider will respond to all complaints as promptly as possible, by email, and always within the time frame prescribed by law, depending on the nature of the complaint.

The Provider understands that a significant characteristic of consumer disputes, especially when resolved through legal means, is the imbalance between the economic value of the claim and the costs incurred in resolving the dispute. This imbalance often discourages consumers from pursuing legal action. For this reason, the Provider endeavors to resolve disputes amicably whenever possible.

If a dispute cannot be resolved amicably, the court in the jurisdiction of the consumer’s permanent residence will handle the case.

On 14 November 2015, the Out-of-Court Resolution of Consumer Disputes Act (Official Gazette of the Republic of Slovenia, No. 81/2015; hereinafter referred to as ZIsRPS) came into effect. This Act regulates the resolution of domestic and cross-border disputes between businesses and consumers through mediation by an out-of-court consumer dispute resolution provider (IRPS provider).

In compliance with legal requirements, the Provider does not recognize any out-of-court consumer dispute resolution provider as competent to resolve consumer disputes that may arise under the Out-of-Court Resolution of Consumer Disputes Act.

The Provider facilitates online shopping within the Republic of Slovenia and publishes an electronic link to the Online Consumer Dispute Resolution Platform (SRPS) for consumers.

11. Legal Notice

The www.mørkesen.com online store, including all content, product images, and graphics displayed on the website, is protected under the Copyright Act and may not be reproduced or used without prior written consent. Trademarks and logos of recognized companies featured on the website are the property of their respective owners.

Information about the Provider can be found on the Contact page, where all relevant communication details regarding these Terms and Conditions are listed.

Ljutomer, 1. 1. 2025