TERMS AND CONDITIONS
This English version is an informative translation. In the event of any discrepancy, the Czech version prevails.
These terms and conditions (the "Terms") of the sole trader Zdeněk Rokos, registered address V Třešňovce 389, 280 02 Veltruby, Czech Republic, Company ID (IČO) 23964120, registered in the Trade Licensing Register maintained by the Municipal Authority of Kolín, email shop@nextgenaudio.cz, phone +420 605 700 426 ("We" or the "Seller") govern, pursuant to Section 1751(1) of Act No. 89/2012 Coll., the Civil Code, as amended (the "Civil Code"), the mutual rights and obligations of You, as buyer, and Us, as seller, arising in connection with or on the basis of a purchase contract (the "Contract") concluded through the E-shop at https://shop.nextgenaudio.cz.
We are not a VAT payer.
All information on the processing of Your personal data is set out in the Privacy Policy, available at https://shop.nextgenaudio.cz/ochrana-osobnich-udaju.
These Terms form an integral part of the Contract. The Contract and the Terms are drawn up in the Czech language. We may unilaterally amend or supplement the Terms; this does not affect rights and obligations arising while a previous version was in effect.
We communicate primarily at a distance. The Contract is therefore concluded remotely within the E-shop environment through the website interface (the "E-shop web interface"), using means of distance communication that allow Us to reach agreement without being physically present together.
The E-shop runs on the nextgenaudio.cz domain, operated by Vojtěch Palatý, Company ID (IČO) 09739475, Veselská 189/3, 742 35 Odry, Czech Republic. The domain operator is not a party to the Contract; You conclude the Contract exclusively with Us.
If any part of the Terms conflicts with what We expressly agreed during Your purchase, that specific agreement prevails over the Terms.
1. SOME DEFINITIONS
1.1 Price is the amount You pay for the Goods;
1.2 Delivery Price is the amount You pay for delivery of the Goods, including packaging;
1.3 Total Price is the sum of the Price and the Delivery Price;
1.4 Invoice is the tax document issued for the Total Price;
1.5 Order is Your binding proposal to conclude a Contract for the purchase of Goods with Us;
1.6 You are the person purchasing in Our E-shop, referred to in legislation as the buyer. Our E-shop is intended for consumer purchases, i.e. by persons buying outside the scope of their business activity;
1.7 Goods is everything You can buy in the E-shop. Goods are divided into:
a) Stock goods — physical goods shipped from Our stock (in particular textile merchandise, print, media and accessories);
b) Made-to-order goods — physical goods customised to Your specifications or clearly personalised, in particular prints bearing a name, alias or other individual element You supply. For Made-to-order goods You have no right to withdraw from the Contract within 14 days, pursuant to Section 1837(d) of the Civil Code. We always state this on the product page;
c) Digital content — in particular sample packs, sound libraries and presets delivered electronically as downloads, i.e. not on a tangible medium. Article 6 of the Terms and Section 2389a et seq. of the Civil Code apply.
2. GENERAL PROVISIONS AND NOTICES
2.1 Goods can be purchased only through the E-shop web interface.
2.2 When purchasing Goods it is Your obligation to provide Us with all information correctly and truthfully. We will treat the information You provide in the Order as correct and truthful.
2.3 Persons under 18 may purchase from Us to the extent appropriate to their intellectual and volitional maturity pursuant to Section 31 of the Civil Code, i.e. as a rule for ordinary purchases of lower value. For Orders exceeding that scope We may request confirmation of a legal guardian's consent and withhold processing until it is provided.
2.4 We do not provide access to product reviews by other consumers in Our E-shop.
3. CONCLUSION OF THE CONTRACT
3.1 The Contract can be concluded only in the Czech language.
3.2 The Contract is concluded at a distance through the E-shop; the costs of using means of distance communication are borne by You. These costs do not differ from the standard rate You pay for using such means (in particular internet access), and You need not expect any further costs charged by Us beyond the Total Price.
3.3 To conclude the Contract, You must create an Order in the E-shop. An Order can be created without registration; Our E-shop does not offer user accounts. The Order must contain:
a) information about the Goods purchased (You mark the Goods with the "Add to basket" button);
b) information about the Price, Delivery Price, method of payment of the Total Price and requested delivery method; these are entered during Order creation, with the Price, Delivery Price and Total Price stated automatically based on the Goods, delivery and payment method You select;
c) Your identification and contact details enabling Us to deliver the Goods, in particular name, surname, delivery address, phone number and email address.
3.4 You may change and check the data at any time until the Order is completed. After checking, You complete the Order by pressing the "Order with an obligation to pay" button. Before pressing it You must confirm that You have read and agree to these Terms, using a checkbox; otherwise the Order cannot be completed. If You are ordering Digital content, You must additionally give the consent under Article 6.4 of the Terms, by a separate checkbox.
3.5 We will confirm Your Order as soon as possible by a message sent to the email address given in the Order. The confirmation will include a summary of the Order and these Terms as an attachment. The Terms in the version effective on the date of the Order, i.e. as attached to the confirmation email, form an integral part of the Contract. Confirmation of the Order concludes the Contract between Us and You.
3.6 There may be cases where We cannot confirm Your Order, in particular where the Goods are unavailable or You order more units than We permit. In such a case We will contact You and send an offer to conclude the Contract in an amended form. The Contract is then concluded when You confirm Our offer.
3.7 If a manifestly erroneous Price is stated in the E-shop or in the Order, We are not obliged to deliver the Goods at that Price even if You received an Order confirmation and the Contract was thereby concluded. We will contact You without delay and send an offer to conclude a new Contract in an amended form, concluded when You confirm it. A manifest pricing error is, for example, a Price that does not correspond to the usual price charged by other sellers, or a missing or extra digit.
3.8 Conclusion of the Contract creates Your obligation to pay the Total Price.
3.9 In some cases We allow a discount to be applied. To do so, enter the discount details in the designated field during the Order. Unless stated otherwise for a given discount code, it may be used once, on a single Order, cannot be combined with other discounts and cannot be exchanged for money. Where We announce a price reduction, We also state the lowest Price at which We offered the Goods during the 30 days preceding the reduction.
4. PRICE AND PAYMENT TERMS, RETENTION OF TITLE
4.1 The Price is always stated in the E-shop, in the Order and in the Contract. In the event of a discrepancy between the Price shown with the Goods in the E-shop and the Price shown in the Order, the Price in the Order applies and will always be identical to the price in the Contract. The Delivery Price is also stated in the Order.
4.2 The Total Price is stated in Czech koruna and is final, including all statutory charges. We are not a VAT payer, so no VAT is added to the stated prices.
4.3 We require payment of the Total Price after conclusion of the Contract and before handover of the Goods. Payment is made through the Shoptet Pay payment gateway, either:
a) by card online; or
b) by online bank transfer.
Payment is governed by the terms of the payment gateway, available at https://www.shoptetpay.com. The Total Price is due immediately after the Order is completed.
4.4 If You do not pay the Total Price within 7 days of completing the Order, We are entitled to withdraw from the Contract and cancel the Order. We will inform You of the cancellation by email.
4.5 The Invoice will be issued electronically after payment of the Total Price and sent to Your email address.
4.6 Title to the Goods passes to You only after You have paid the Total Price and taken delivery of the Goods.
5. DELIVERY OF GOODS, PASSING OF RISK
5.1 We dispatch Stock goods within 2 business days of payment of the Total Price. The Goods will be delivered no later than 30 days from conclusion of the Contract unless otherwise agreed, by the method of Your choice:
a) collection at a Zásilkovna pick-up point;
b) delivery by Zásilkovna or PPL CZ.
5.2 We deliver within the Czech Republic, the European Union and the United Kingdom. Indicative delivery times are 1–3 business days in the Czech Republic, 3–10 business days within the European Union and 5–15 business days to the United Kingdom.
5.3 Shipments to the United Kingdom are subject to customs clearance. Any import duties, taxes and handling fees charged by the carrier or customs agent are borne by You and are normally paid directly to the carrier on delivery. We inform You of this during checkout.
5.4 Delivery time always depends on availability and on the delivery and payment method chosen. The expected delivery time will be stated in the Order confirmation. The times stated in these Terms are indicative only and may differ from actual delivery.
5.5 On taking delivery from the carrier it is Your obligation to check that the packaging is intact and to report any defects to the carrier and to Us without delay. Where the packaging shows damage indicating unauthorised handling and entry into the shipment, You are not obliged to accept the Goods from the carrier. This does not affect Your rights from defective performance.
5.6 If You breach Your obligation to take delivery of the Goods, save in the cases under Article 5.5, this does not constitute a breach of Our obligation to deliver, nor is it a withdrawal from the Contract. In such a case We acquire the right to withdraw from the Contract on grounds of Your material breach. Withdrawal is effective on the day it is delivered to You and does not affect Our claim to the Delivery Price or to damages, if incurred.
5.7 If, for reasons on Your side, the Goods are delivered repeatedly or by a method other than agreed, it is Your obligation to reimburse Us the associated costs. Payment details will be sent to Your email address and are due 14 days after delivery of the email.
5.8 The risk of damage to the Goods passes to You when You take delivery. If You do not take delivery, save in the cases under Article 5.5, the risk passes at the moment You had the opportunity to take delivery but failed to do so for reasons on Your side.
5.9 Where the Goods were not marked as in stock in the E-shop and an indicative availability date was given, We will always inform You of an extraordinary production outage (with a new expected availability date or notice that delivery will not be possible) or of a delay on Our supplier's side (with a new expected delivery date).
5.10 Made-to-order goods are produced only after payment of the Total Price. The expected production time is stated on the product page and in the Order confirmation.
6. DIGITAL CONTENT
6.1 Delivery. We make Digital content available for download immediately after payment of the Total Price, via a link sent to Your email address or displayed after checkout. The link is active for 30 days. If You lose access, We will restore the link on request sent to shop@nextgenaudio.cz, as a rule for 24 months from purchase.
6.2 Technical requirements. File formats, sizes and any software requirements (DAW, plugin version) are stated on the product page. Please verify compatibility with Your equipment before purchase.
6.3 Licence. On payment of the Total Price You receive a non-exclusive, non-transferable, worldwide and perpetual licence to use the Digital content as follows:
a) You may use the samples, loops and presets as part of Your own musical works, including works released and distributed commercially;
b) You may not redistribute, sell, share or otherwise make available the Digital content or its individual parts in their original or only insubstantially modified form, include them in other sample packs or sound libraries, or use them to train artificial intelligence or machine learning systems;
c) the licence is granted to one person and does not confer the right to sub-license or to use the content on behalf of third parties;
d) breach of the licence entitles Us to withdraw from the Contract and to claim damages.
6.4 Consent to delivery before the withdrawal period expires. By ordering Digital content You expressly request delivery immediately upon conclusion of the Contract, i.e. before the 14-day withdrawal period expires, and acknowledge that You thereby lose the right to withdraw pursuant to Section 1837(l) of the Civil Code. You give this consent by a separate checkbox before completing the Order; without it, Digital content cannot be ordered. We confirm the content of this consent in the Order confirmation email.
6.5 Defects in Digital content. We warrant that the Digital content conforms with the agreed description, scope, quality, functionality and compatibility and is fit for the purpose for which digital content of that kind is usually used. You may notify a defect appearing within two years of supply; if a defect appears within one year of supply, the Digital content is presumed to have been defective at the time of supply. Articles 7.10 to 7.12 apply accordingly. Inability to use the Digital content because the technical requirements under Article 6.2 are not met on Your side, and subjective dissatisfaction with the sonic or creative content, do not constitute defects.
7. RIGHTS FROM DEFECTIVE PERFORMANCE
7.1 We warrant that at the moment the risk of damage passes under Article 5.8 the Goods are free of defects, in particular that the Goods:
a) conform with the agreed description, type and quantity, as well as quality, functionality, compatibility, interoperability and other agreed characteristics;
b) are fit for the purpose for which You require them and to which We have agreed;
c) are supplied with the agreed accessories and instructions for use, including assembly or installation instructions;
d) are fit for the purpose for which Goods of that kind are usually used;
e) correspond in quantity, quality and other characteristics, including durability, functionality, compatibility and safety, to the usual characteristics of Goods of the same kind that You may reasonably expect, including in view of public statements made by Us or another person in the same contractual chain, in particular in advertising or labelling;
f) are supplied with the accessories, including packaging, assembly instructions and other instructions for use, that You may reasonably expect; and
g) correspond in quality or workmanship to the sample or model provided to You before conclusion of the Contract.
7.2 Rights and obligations concerning defective performance are governed by generally binding legislation, in particular Sections 2099 to 2117 and 2161 to 2174b of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection, as amended.
7.3 You may notify a defect within 24 months of receipt of the Goods. If a defect appears within one year of receipt, the Goods are presumed to have been defective on receipt, unless We prove otherwise. After that period it is for You to prove that the Goods were already defective on receipt.
7.4 If the Goods are defective, in particular where any of the conditions under Article 7.1 is not met, You may notify Us of the defect and exercise Your rights from defective performance (i.e. make a claim) by sending an email to shop@nextgenaudio.cz or a letter to Zdeněk Rokos, V Třešňovce 389, 280 02 Veltruby, Czech Republic. Send the Goods claimed to the same address; We do not accept parcels sent cash on delivery. You may also use the model form in Annex 1 to the Terms. When exercising the right You must choose how You wish the defect to be resolved, and You cannot subsequently change that choice without Our consent.
7.5 If the Goods are defective, You have the right:
a) to have the defect remedied by delivery of new Goods free of defects, or by delivery of the missing part of the Goods; or
b) to have the defect remedied by repair of the Goods,
unless the chosen method is impossible or disproportionately costly compared with the other, assessed in particular in view of the significance of the defect, the value the Goods would have without it, and whether the other method can remedy the defect without significant inconvenience to You.
7.6 We are entitled to refuse to remedy the defect where doing so is impossible or disproportionately costly, in particular in view of the significance of the defect and the value the Goods would have without it.
7.7 You are further entitled to:
a) a reasonable reduction of the Price; or
b) withdrawal from the Contract,
where:
a) We refuse to remedy the defect or fail to remedy it in accordance with the law;
b) the defect appears repeatedly;
c) the defect constitutes a material breach of the Contract; or
d) it is apparent from Our statement or from the circumstances that the defect will not be remedied within a reasonable time or without significant inconvenience to You.
7.8 The right to withdraw does not arise where the defect in the Goods is insignificant; a defect is presumed not to be insignificant.
7.9 If You caused the defect Yourself, no rights from defective performance arise. Wear resulting from ordinary use is not a defect. For textile Goods, changes in appearance caused by washing, drying or care contrary to the manufacturer's instructions on the label are not defects either.
7.10 When You make a claim We will issue written confirmation stating:
a) the date on which You made the claim;
b) the content of the claim;
c) the remedy You request;
d) Your contact details for the purpose of informing You of the outcome.
7.11 Unless We agree a longer period, We will remedy the defects and inform You of the outcome at the contact details given within 30 days of receiving the claim. If that period expires without result, You may withdraw from the Contract or claim a reasonable price reduction.
7.12 We will inform You of the outcome by email and issue confirmation of the date and manner of settlement. If the claim is justified, You are entitled to reimbursement of the costs reasonably incurred, which You must evidence, e.g. by receipts or proof of postage. Where the defect was remedied by delivery of new Goods, it is Your obligation to return the original Goods; We bear the cost of that return.
7.13 We do not provide a guarantee of quality beyond the statutory rights from defective performance, unless expressly stated for particular Goods.
8. WITHDRAWAL FROM THE CONTRACT
8.1 Withdrawal from the Contract, i.e. termination of the contractual relationship from its inception, may occur on the grounds and in the manner set out in this Article or in other provisions of the Terms that expressly provide for it.
8.2 Pursuant to Section 1829 of the Civil Code You have the right to withdraw from the Contract without giving a reason within 14 days of receipt of the Goods. Where the Contract covers several items or several parts of the Goods, the period begins on the day the last item or part is delivered; where the Contract provides for regular repeated deliveries, it begins on the day of the first delivery.
8.3 You may withdraw by any demonstrable means, in particular by sending an email to shop@nextgenaudio.cz or a letter to the address in Article 7.4. You may also use the model form in Annex 2 to the Terms. We will confirm receipt of the withdrawal without delay.
8.4 You cannot withdraw in the cases set out in Section 1837 of the Civil Code, in particular where the subject matter is:
a) Made-to-order goods, i.e. Goods customised to Your specifications or clearly personalised — Section 1837(d);
b) Digital content not delivered on a tangible medium, where it was delivered with Your prior express consent under Article 6.4 before expiry of the withdrawal period, You were informed that You thereby lose the right of withdrawal, and We provided confirmation as required by the Civil Code — Section 1837(l);
c) sealed Goods unsuitable for return for health protection or hygiene reasons once unsealed;
d) a sealed audio or video recording once unsealed.
8.5 The withdrawal period under Article 8.2 is deemed observed if You send Us notice of withdrawal before it expires.
8.6 On withdrawal under Article 8.2 You must send Us the Goods within 14 days of withdrawal and You bear the cost of returning the Goods to Us. You are entitled to reimbursement of the Delivery Price, but only up to the amount corresponding to the cheapest delivery method We offered. Where You withdraw because We breached the Contract, We also bear the cost of returning the Goods, again only up to the amount of the cheapest delivery method offered.
8.7 On withdrawal the Price will be refunded within 14 days of the withdrawal taking effect, by the same means We received it, or by the means stated in the withdrawal if You agree to it and no additional costs arise for You. The amount will not be refunded before We receive the Goods or You prove that You have sent them back. Please return the Goods clean and, if possible, in the original packaging.
8.8 On withdrawal under Article 8.2 You are liable to Us for any diminished value of the Goods resulting from handling them beyond what is necessary to establish their nature, characteristics and functioning, i.e. beyond the way You would examine them in a physical shop. If We have not yet refunded the Price, We may set off a claim for diminished value against Your claim to the refund.
8.9 Size exchange beyond statutory rights. If the Goods do not fit, within 14 days of receipt You may request an exchange for a different size of the same model, subject to availability. The Goods must be unworn, undamaged and clean. You bear the cost of returning the Goods; We bear the cost of sending the replacement. This does not affect Your right to withdraw under Article 8.2.
8.10 We are entitled to withdraw from the Contract at any time before delivering the Goods where there are objective reasons why the Goods cannot be delivered (in particular reasons on the part of third parties or reasons inherent in the nature of the Goods). We may also withdraw where it is apparent that You deliberately provided incorrect information in the Order, or in the case under Article 4.4. If We withdraw, We will refund all payments received including delivery costs within 14 days of the notice.
9. RESOLUTION OF CONSUMER DISPUTES
9.1 We are not bound by any codes of conduct towards buyers within the meaning of Section 1826(1)(e) of the Civil Code.
9.2 We handle consumer complaints through the email address shop@nextgenaudio.cz and send information about the outcome to the buyer's email address.
9.3 The body competent for out-of-court resolution of consumer disputes arising from the Contract is the Czech Trade Inspection Authority (Česká obchodní inspekce), Štěpánská 567/15, 120 00 Prague 2, ID: 000 20 869, https://adr.coi.cz/cs.
9.4 The European Consumer Centre Czech Republic, Štěpánská 567/15, 120 00 Prague 2, https://www.evropskyspotrebitel.cz, is the contact point for consumers in cross-border disputes within the European Union.
9.5 We are authorised to sell Goods on the basis of a trade licence. Trade licensing supervision is carried out by the competent trade licensing office. Supervision of compliance with Act No. 634/1992 Coll., on Consumer Protection, is carried out by the Czech Trade Inspection Authority.
10. FINAL PROVISIONS
10.1 Where Our legal relationship contains an international element (for example where We ship Goods outside the Czech Republic), it is always governed by Czech law. If You are a consumer, this does not affect Your rights arising from mandatory provisions of the law of the country of Your habitual residence.
10.2 All written correspondence between Us will be served by email. Our email address is stated in the heading of the Terms. We will serve correspondence at the email address stated in the Contract or the one You used to contact Us.
10.3 The Contract may be amended only by written agreement. We are, however, entitled to amend and supplement these Terms; such a change does not affect Contracts already concluded, only those concluded after the change takes effect.
10.4 In the event of force majeure or unforeseeable events (natural disaster, pandemic, operational failures, subcontractor outages and the like) We are not liable for damage caused as a result of or in connection with such events, and where the state of force majeure lasts more than 10 days, both We and You are entitled to withdraw from the Contract.
10.5 All rights to the content of the E-shop, in particular copyright in texts, photographs, graphics, trade marks and logos, belong to Us or to persons who have granted Us a licence. Copying, modifying or otherwise using the E-shop or any part of it without consent is prohibited.
10.6 Annexed to the Terms are a model complaint form and a model withdrawal form.
10.7 The Contract including the Terms is archived electronically by Us and is not accessible to You. You will, however, always receive these Terms and the Order confirmation with a summary of the Order by email, and will therefore always have access to the Contract without Our involvement. We recommend saving the Order confirmation and the Terms.
10.8 These Terms take effect on 1 September 2026.