Terms and Conditions

of Rockster Music s.r.o.

with its registered office at Štefánikova 249/30, Prague 5, 150 00, Czech Republic
Company ID No.: 24785601
registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, File 174078

for the sale of goods through the online store operated at www.rockster.cz

Effective from: 1 January 2025

1. Introductory provisions

1.1

These Terms and Conditions govern, in accordance with Section 1751(1) of Act No. 89/2012 Coll., the Czech Civil Code, as amended, the mutual rights and obligations of the parties arising in connection with or under a purchase agreement concluded between Rockster Music s.r.o., with its registered office at Štefánikova 249/30, Prague 5, 150 00, Czech Republic, Company ID No. 24785601, registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, File 174078, as the seller or operator (the “Seller”), and another natural or legal person as the buyer or user (the “Buyer”), through the Seller’s online store.

The online store is operated at www.rockster.cz through an online interface (the “Store Interface”).

1.2

These Terms and Conditions also govern the rights and obligations of the parties when using the Seller’s websites available at www.rockster.cz and www.rockstermusic.com, together with other related legal relationships.

These Terms and Conditions do not apply where a person purchasing goods from the Seller acts in the course of their business or independent professional activity. Such a person is regarded as a business customer rather than a consumer.

1.3

The parties may agree provisions that differ from these Terms and Conditions in the purchase agreement. Any provisions agreed in the purchase agreement that differ from these Terms and Conditions take precedence.

1.4

These Terms and Conditions form an integral part of the purchase agreement. The purchase agreement and these Terms and Conditions are concluded in Czech. The purchase agreement may be concluded in Czech.

1.5

The Seller may amend or supplement these Terms and Conditions. This provision does not affect rights and obligations arising during the period in which the previous version was effective.

1.6

The Seller will issue a receipt, invoice or other legally required tax document for payments received where required by applicable law.

2. User account

2.1

Following registration on the website, the Buyer may access their user interface. From this interface, the Buyer may place orders for goods (the “User Account”). Where the Store Interface permits, the Buyer may also place orders without registration.

2.2

When registering on the website and placing an order, the Buyer must provide correct and truthful information. The Seller considers the information provided by the Buyer in the User Account and in an order to be accurate.

2.3

Access to the User Account is protected by a username and password. The Buyer must keep confidential all information necessary to access the User Account and acknowledges that the Seller is not responsible for a breach of this obligation by the Buyer.

2.4

The Buyer may not allow third parties to use the User Account.

2.5

The Seller may cancel the User Account, particularly if the Buyer has not used it for more than 12 months or has breached their obligations under the purchase agreement or these Terms and Conditions.

2.6

The Buyer acknowledges that the User Account may not be available continuously, particularly due to necessary maintenance of the Seller’s hardware and software or the hardware and software of third parties.

3. Conclusion of the purchase agreement

3.1

The Store Interface contains a list of goods offered for sale by the Seller, including the price of each product. Unless stated otherwise, prices include value added tax and all related charges.

The offer and price of goods remain valid for as long as they are displayed in the Store Interface. This does not limit the Seller’s right to conclude a purchase agreement on individually agreed terms.

All offers displayed in the Store Interface are non-binding, and the Seller is not obliged to conclude a purchase agreement for the displayed goods.

3.2

The Store Interface also contains information about packaging and delivery charges. The Seller delivers to countries within the European Union only, using DHL.

Delivery charges depend on the destination, parcel size, weight and type of goods. The final delivery charge will be displayed before the Buyer submits the Order.

3.3

To order goods, the Buyer completes the order form in the Store Interface. The order form includes, in particular:

• The goods being ordered, which the Buyer places in the electronic shopping cart.

• The payment method.

• The requested delivery method.

• Information about delivery charges.

The order form and the information entered in it are collectively referred to as the “Order.”

3.4

Before submitting the Order, the Buyer may check and amend the information entered, including correcting errors made during data entry.

The Buyer submits the Order by clicking the “Confirm Order” button. The information contained in the Order is considered correct by the Seller.

The Seller will promptly confirm receipt of the Order by email sent to the Buyer’s email address stated in the User Account or in the Order (the “Buyer’s Email Address”).

3.5

Depending on the nature of the Order—for example, the quantity of goods, the total purchase price or the expected delivery costs—the Seller may request additional confirmation of the Order from the Buyer, including by email or telephone.

3.6

The purchase agreement is concluded when the Seller accepts the Order. The Seller will send the Buyer confirmation that the goods have been dispatched by email to the Buyer’s Email Address.

3.7

The Seller is not obliged to conclude a purchase agreement, particularly with persons who have previously materially breached a purchase agreement or these Terms and Conditions.

3.8

The Buyer agrees to the use of means of distance communication when concluding the purchase agreement. Any costs incurred by the Buyer in using means of distance communication, such as internet access or telephone charges, are borne by the Buyer.

4. Product prices and payment terms

4.1

The Buyer may pay the purchase price and any related delivery charges using the payment methods offered in the Store Interface, including:

• Cash at the Seller’s store at Štefánikova 249/30, Prague 5.

• Cash on delivery, where available for the selected destination and Order.

• Bank transfer to the Seller’s account: 241501519/0300, held with ČSOB, a.s.

• PayPal, subject to PayPal’s applicable legal agreements.

• Payment by debit or credit card.

• Financing or credit provided by a third party, where available.

The payment methods actually available for a particular Order are displayed during checkout.

4.2

The Buyer must pay delivery and packaging charges in addition to the purchase price unless expressly stated otherwise. Unless stated otherwise, references to the purchase price include applicable delivery and packaging charges.

4.3

Cash and cash-on-delivery payments are due upon receipt of the goods. For bank-transfer payments, the purchase price is due within three days of the conclusion of the purchase agreement unless the parties agree otherwise.

4.4

When paying by bank transfer, the Buyer must include the payment reference specified by the Seller, normally the Order number. The payment obligation is fulfilled when the relevant amount is credited to the Seller’s account.

4.5

The Seller may require the purchase price to be paid in full before dispatch, particularly where the Buyer fails to provide additional Order confirmation requested under Article 3.5.

4.6

Discounts granted by the Seller cannot be combined unless the Seller expressly states otherwise.

4.7

Where required by law or customary in commercial practice, the Seller will issue a tax invoice or simplified tax document. The Seller is a VAT payer.

The Seller will issue the invoice after the purchase price has been paid and send it electronically to the Buyer’s Email Address or include it with the goods.

5. Right of withdrawal

5.1 Consumers’ statutory right

If the Buyer is a consumer and concludes a purchase agreement online or by another means of distance communication, the Buyer has the statutory right to withdraw from the purchase agreement within 14 days without giving any reason.

For a contract for the delivery of goods, the withdrawal period expires 14 days after the day on which the Buyer, or a third party designated by the Buyer other than the carrier, takes possession of the goods.

If the Order is delivered in several separate consignments, the withdrawal period expires 14 days after the day on which the Buyer, or a third party designated by the Buyer other than the carrier, takes possession of the final consignment.

5.2 Exercising the right of withdrawal

To exercise the right of withdrawal, the Buyer must inform the Seller of their decision before the withdrawal period expires.

The Buyer may send the notice of withdrawal:

• By email to rockster@rockster.cz.

• By post to:

Rockster Music s.r.o.
Štefánikova 249/30
150 00 Prague 5
Czech Republic

The Buyer may use the model withdrawal form in Appendix 1, but is not required to use it. Any clear statement identifying the Order and expressing the Buyer’s decision to withdraw is sufficient.

5.3 Returning the goods

After notifying the Seller of the withdrawal, the Buyer must send or hand over the goods to the Seller without undue delay and no later than 14 days after notifying the Seller.

The deadline is met if the Buyer dispatches the goods before the 14-day period expires.

Unless the Seller has expressly agreed otherwise, the Buyer is responsible for the direct cost of returning the goods. The Seller is not obliged to collect the goods from the Buyer.

The Buyer should return the goods to:

Rockster Music s.r.o.
Štefánikova 249/30
150 00 Prague 5
Czech Republic

The Buyer should use suitable protective packaging and retain proof of dispatch until the return has been processed.

5.4 Condition of returned goods

The Buyer may handle and inspect the goods only to the extent necessary to establish their nature, characteristics and functionality, as would reasonably be possible in a physical store.

The Buyer is responsible for any reduction in the value of the goods resulting from handling beyond what is necessary to establish their nature, characteristics and functionality.

Where possible, the goods should be returned complete, including all accessories, documentation and original packaging. The absence of original packaging does not by itself remove the Buyer’s statutory right of withdrawal, but the Buyer may be responsible for any reduction in value caused by their handling of the goods.

5.5 Refund

If the Buyer validly withdraws from the purchase agreement, the Seller will refund all payments received from the Buyer, including the cost of the least expensive standard delivery option offered by the Seller.

The Seller will make the refund without undue delay and no later than 14 days after receiving the Buyer’s notice of withdrawal.

However, where the goods are being returned, the Seller may delay the refund until:

• The goods have been received by the Seller; or

• The Buyer provides evidence that the goods have been dispatched,

whichever occurs first.

The refund will be made using the same payment method used by the Buyer, unless the Buyer expressly agrees to another method. The Buyer will not incur any additional fees as a result of the refund.

If the Buyer selected a more expensive delivery method than the least expensive standard delivery option offered by the Seller, the Seller is required to refund only the amount corresponding to the least expensive standard delivery option.

5.6 Exceptions to the right of withdrawal

The statutory right of withdrawal does not apply where an exception under applicable law applies. This may include, in particular:

• Goods made to the Buyer’s specifications or clearly personalised.

• Goods that deteriorate rapidly or have a short shelf life.

• Sealed goods that cannot be returned for health-protection or hygiene reasons after the seal has been broken.

• Sealed audio or video recordings or sealed computer software after the seal has been broken.

• Digital content supplied in a non-physical format where performance has begun with the Buyer’s express prior consent and acknowledgement that the right of withdrawal will thereby be lost.

• Goods or services whose price depends on fluctuations in the financial market that the Seller cannot control.

• Other goods or services excluded from the right of withdrawal by applicable law.

5.7 Defective or incorrectly supplied goods

This Article 5 does not limit the Buyer’s statutory rights in relation to defective, damaged, incomplete or incorrectly supplied goods.

If the goods are defective or do not correspond to the purchase agreement, the Buyer may submit a complaint under Article 7. The Buyer may be entitled to repair, replacement, a price reduction, withdrawal or another remedy under applicable law.

6. Transport and delivery

6.1

The Seller delivers orders to EU countries only using DHL. The available delivery service and price depend on the destination, parcel size, weight and type of goods.

The delivery method applicable to the Order will be displayed during checkout.

6.2

If the Seller is required to deliver the goods to the address specified by the Buyer, the Buyer must accept the goods upon delivery.

If the Buyer fails to accept the goods for reasons attributable to the Buyer, the Seller may charge reasonable additional costs incurred as a result, including storage, return or re-delivery costs, to the extent permitted by applicable law.

6.3

If, for reasons attributable to the Buyer, the goods must be delivered repeatedly or by a method different from the method specified in the Order, the Buyer must pay the reasonable additional costs of re-delivery or the alternative delivery method.

6.4

Upon delivery, the Buyer should inspect the condition of the parcel and packaging. If the parcel appears damaged or shows signs of unauthorised access, the Buyer should notify DHL immediately and, where possible, record the damage with the carrier before accepting the parcel.

The Buyer should retain photographs and packaging materials if the goods appear damaged after opening.

Failure to report damage to DHL does not, by itself, remove the Buyer’s statutory rights against the Seller.

6.5

Further rights and obligations relating to delivery may be set out in the Seller’s delivery instructions or in the DHL delivery terms applicable to the shipment.

7. Defective goods and legal guarantee

7.1

The rights and obligations of the parties concerning the Seller’s liability for defective goods are governed by applicable Czech and EU law.

7.2

The Seller is responsible for ensuring that the goods comply with the purchase agreement at the time of delivery and meet the characteristics, quality and functionality required by law, the agreement, the Seller’s description or the manufacturer’s description, as applicable.

7.3

If the goods are defective or do not comply with the purchase agreement, the Buyer may exercise the remedies available under applicable law, which may include repair, replacement, a reasonable price reduction or withdrawal from the purchase agreement, depending on the nature and seriousness of the defect.

7.4

The Seller is not responsible for defects caused by improper use, improper installation, unauthorised modifications, normal wear and tear or other circumstances for which the Seller is not legally responsible.

7.5

The Buyer may submit a complaint by contacting the Seller at:

Rockster Music s.r.o.
Štefánikova 249/30
150 00 Prague 5
Czech Republic

or by email at rockster@rockster.cz.

The Buyer should include the Order number, a description of the defect and, where useful, photographs or video showing the problem.

7.6

The Seller will process complaints within the statutory period applicable to the relevant purchase and will inform the Buyer of the outcome and any proposed remedy.

Nothing in these Terms and Conditions limits the mandatory legal guarantee rights available to consumers under applicable law. EU consumer goods are generally subject to a minimum two-year legal guarantee of conformity, subject to the applicable rules and exceptions.

8. Further rights and obligations

8.1

Ownership of the goods passes to the Buyer upon full payment of the purchase price and delivery of the goods, unless applicable law provides otherwise.

8.2

The software and other components forming the Store Interface, including product photographs, texts, graphics and other content, are protected by copyright and other intellectual-property rights.

The Buyer must not carry out any activity that could enable the Buyer or third parties to interfere with or unlawfully use the software or other components of the Store Interface.

8.3

When using the Store Interface, the Buyer must not use mechanisms, software or other procedures that could adversely affect its operation.

The Store Interface may be used only in a manner consistent with its purpose and that does not adversely affect the rights of other customers or the Seller.

8.4

The Seller is not bound by any consumer code of conduct unless expressly stated otherwise.

8.5

The Seller is not responsible for errors caused by third-party interference with the website or by use of the website contrary to its intended purpose.

9. Personal data and commercial communications

The processing of personal data and the sending of commercial communications are governed by the Seller’s Privacy Policy.

The Seller processes personal data only in accordance with applicable data-protection legislation and the information provided in the Privacy Policy.

10. Notices and delivery of communications

10.1

Unless agreed otherwise, all correspondence relating to the purchase agreement must be delivered in writing, by email, in person or by registered post, at the sender’s choice.

Communications to the Buyer will be sent to the email address stated in the Buyer’s User Account or Order.

10.2

A communication is considered delivered:

• In the case of email, when it is received by the recipient’s email server.

• In the case of personal delivery, when it is received by the addressee.

• In the case of postal delivery, when the addressee accepts the item.

• If the addressee refuses delivery, when delivery is refused.

• If a postal item is deposited with the postal operator and the addressee is invited to collect it, upon expiry of 10 days from the date on which it was deposited, unless applicable law provides otherwise.

11. Commercial communications and cookies

11.1

The Seller may send service-related information concerning the Buyer’s Order, products or services to the Buyer’s email address where necessary to perform the purchase agreement or as otherwise permitted by law.

The Seller will send marketing communications only where it has an appropriate legal basis and in accordance with applicable data-protection and electronic-communications legislation.

The Buyer may unsubscribe from marketing communications at any time using the unsubscribe link in the relevant message or by contacting the Seller.

11.2

The Seller uses cookies and similar technologies on its website. Non-essential cookies are used only in accordance with the Buyer’s cookie choices and applicable law.

The Buyer can manage cookie preferences through the cookie settings available on the website. Necessary cookies may be used where required for the operation, security and functionality of the online store.

12. Final provisions

12.1

If the legal relationship connected with the use of the website or established by the purchase agreement contains an international element, the relationship is governed by Czech law.

This choice of law does not deprive a consumer of the protection provided by mandatory provisions of the law of the country in which the consumer has their habitual residence.

12.2

The Seller is authorised to sell goods under its trade licence. The Seller’s activities are subject to supervision by the competent Czech trade-licensing authority and other competent authorities where applicable.

12.3

If any provision of these Terms and Conditions is invalid or ineffective, or becomes invalid or ineffective, it will be replaced by a provision whose meaning most closely corresponds to the original provision.

The invalidity or ineffectiveness of one provision does not affect the validity of the remaining provisions.

Amendments and supplements to the purchase agreement or these Terms and Conditions must be made in writing where required by applicable law.

12.4

The Seller archives the purchase agreement, including these Terms and Conditions, electronically. The archived agreement is not accessible to third parties.

12.5

Seller’s contact details:

Rockster Music s.r.o.
Štefánikova 249/30
150 00 Prague 5
Czech Republic

Email: rockster@rockster.cz
Telephone: +420 257 224 983
Mobile: +420 724 374 127

Appendix 1: Model withdrawal form

The Buyer may use this form to exercise the statutory right of withdrawal.

To:
Rockster Music s.r.o.
Štefánikova 249/30
150 00 Prague 5
Czech Republic
Email: rockster@rockster.cz

I hereby notify you that I withdraw from the purchase agreement for the following goods:

Order number:
Goods:
Date ordered:
Date received:
Buyer’s name:
Buyer’s address:
Buyer’s email address: