Allgemeine Geschäftsbedingungen

NEXT AUDIO – www.nextaudio.ch

Betrieben von der Next Attention GmbH, Unterer Rheinweg 86, CH-4057 Basel (nachfolgend «NEXT AUDIO»)

Version 1.0 | Stand: 01.01.2026 | Ohne Unterschrift gültig Diese Version ersetzt alle vorhergehenden Versionen.

1. Geltungsbereich und Anbieterin

1.1 Diese AGB gelten für sämtliche Bestellungen, Verträge und Lieferungen, die über die Website www.nextaudio.ch oder auf Grundlage einer Offerte von NEXT AUDIO zustande kommen. Vertragspartnerin ist die Next Attention GmbH, eingetragen im Handelsregister des Kantons Basel-Stadt, die unter der Marke NEXT AUDIO auftritt.

1.2 NEXT AUDIO is the audio division of Next Attention GmbH (see section 1.1 of the General Terms and Conditions of Next Attention GmbH). For areas not covered by these terms and conditions—particularly film and multimedia productions, software and licensing services, as well as rentals—the General Terms and Conditions of Next Attention GmbH apply additionally. In case of contradictions, the present terms and conditions for orders via nextaudio.ch take precedence..

1.3 Deviating conditions of the customer are only valid if NEXT AUDIO acknowledges them in writing. Individually agreed written provisions (offer, order confirmation, individual contract) take precedence over these general terms and conditions.

1.4 By placing an order or assigning a task, the customer agrees to these terms and conditions. The version published on the website at the time of the order is decisive.

1.5 As "consumers" are considered natural persons who order for a purpose that cannot predominantly be attributed to their commercial or professional activity. All other orderers are considered "business customers."

2. Services

2.1 NEXT AUDIO offers:

• Trade in audio equipment (especially speakers, accessories, and related components) via the webshop nextaudio.ch;
• Audio production and sound design (recording, editing, mixing, mastering, sound design, dubbing);
• audio engineering services (consulting, planning, system technology, support for events and productions).

2.2 Product images, sound descriptions, and technical specifications on the website are for illustration purposes. The manufacturer's specifications are authoritative. Minor deviations in execution, color, or technical data are reserved, as long as they do not impair the intended use.

2.3 The presentation of the range on the website is not a binding offer, but an invitation to order.

3. Conclusion of contract

3.1 Product orders. By submitting the order in the webshop, the customer makes a binding offer. The receipt of the order is automatically confirmed; this confirmation of receipt does not yet constitute acceptance. The contract is concluded as soon as NEXT AUDIO expressly confirms the order or dispatches the goods.

3.2 NEXT AUDIO can refuse an order without giving reasons, particularly in cases of unavailability, obvious pricing or representation errors, incomplete or inaccurate information from the customer, or with justified doubts about the customer's ability to pay. Payments already made will be fully refunded immediately in this case.

3.3 Services. Orders in the field of audio production and sound engineering are concluded through a written (also via email) confirmed offer. The countersigned offer is considered an individual contract in the sense of these terms and conditions.

3.4 The language of the contract is German. The contract text is stored by NEXT AUDIO; the customer receives the order data via email.

2. Preise und Zahlung

4.1 The prices published on the website at the time of the order in Swiss Francs (CHF) apply. NEXT AUDIO is currently not subject to value-added tax; the prices are quoted without VAT.

4.2 Shipping and packaging costs are not included in the price unless expressly stated otherwise. They will be indicated before the completion of the order (see section 5).

4.3 Permissible payment methods are those offered in the ordering process: advance payment/bank transfer. NEXT AUDIO reserves the right to exclude individual payment methods in specific cases, particularly delivery against invoice.

4.4 For payment against invoice, the amount is due for payment within 30 days from the invoice date without deduction, unless otherwise agreed. For advance payment, the goods will be shipped after receipt of payment; if payment is not received within 10 days, NEXT AUDIO may withdraw from the contract.

4.5 After the payment deadline, the customer is in default without further reminder. From the time of default, a default interest of 5% per annum is owed (Art. 104 OR). Reminder costs of CHF 20.– per reminder as well as the costs of legal enforcement are to be borne by the defaulting customer.

4.6 The offsetting with counterclaims is only permissible if these are undisputed or legally established.

4.7 Services. For orders in the field of audio production, the rates mentioned in the offer apply; additionally, the rates according to section 3.1 of the General Terms and Conditions of Next Attention GmbH as well as the surcharges for night (+30%) and weekend work (+50%). Larger orders will be invoiced in three installments unless otherwise agreed: 1/3 upon order placement (10 days net), 1/3 upon delivery, and 1/3 upon acceptance (each 30 days net).

4.8 Expenses (travel times, travel costs, overnight stays, material expenses) will be charged based on actual costs, unless they are lumped in the offer. For amounts of CHF 200.– or more, prior written consent from the customer is required (email or messenger is sufficient).

5. Shipping, Delivery, and Transfer of Risk

5.1 Delivery Area. NEXT AUDIO delivers within Switzerland and to Liechtenstein. Deliveries abroad are only made after prior written agreement; any customs duties, import taxes, and fees in this case are fully borne by the customer.

5.2 Shipping Method and Costs. The shipping is done with the transport service providers mentioned on the website. The shipping costs are based on weight, volume, and destination and will be displayed in the ordering process before the binding order is completed. Bulky goods (especially larger speakers) may be delivered as freight shipments; in this case, delivery will occur after a phone notification to the curbside, unless otherwise agreed.

5.3 Self-collection. After consultation, collection at the location in Basel is possible. The collection date will be individually agreed upon.

5.4 Delivery times. The specified delivery and shipping times are guidelines and not fixed dates, unless a fixed date has been expressly agreed upon in writing. Delays that NEXT AUDIO is not responsible for (especially supply bottlenecks at manufacturers, customs clearance, transport disruptions, force majeure) will extend the delivery period appropriately. NEXT AUDIO will inform customers about foreseeable delays as soon as they become apparent.

5.5 Delivery delay. If a binding delivery period is exceeded, the customer must set NEXT AUDIO a reasonable grace period of at least 14 days in writing. If delivery does not occur within this grace period, the customer may withdraw from the contract; any payments made will be refunded. Further claims are excluded within the framework of section 10.

5.6 Partial deliveries. Partial deliveries are permissible and reasonable, provided that no additional shipping costs are incurred for the customer and the partial delivery is useful for them.

5.7 Transfer of risk. a) In deliveries to consumers, the risk of accidental loss and accidental deterioration passes to the customer upon delivery of the goods to the customer or to a designated receiving person. b) In deliveries to business customers, the risk passes upon delivery of the goods to the transport service provider. c) In case of self-pickup, the risk passes upon handover at the pickup location. d) If the shipping is delayed for reasons attributable to the customer, the risk passes upon notification of shipping readiness.

5.8 Acceptance delay and uncollected shipments. If the customer does not accept the goods or does not collect a notified shipment within the pickup period of the transport service provider, NEXT AUDIO may withdraw from the contract after setting a grace period. The costs for return transport, restocking, and any subsequent shipping (at least the actual transport costs plus a processing fee of CHF 30.–) will be borne by the customer.

5.9 Address details. The customer is responsible for the accuracy and completeness of the delivery and contact details. Additional costs arising from incorrect information (address correction, re-delivery attempt, return) are to be borne by the customer.

6. Transport damages, inspection and defect notification

6.1 Inspection obligation. The customer must inspect the shipment immediately upon receipt for completeness, externally visible transport damages, and obvious defects.

6.2 Externally visible transport damages. Damaged or visibly opened packaging are to be noted upon receipt to be reported to the delivery service and noted in writing on the delivery receipt. Additionally, the damage is to be reported to NEXT AUDIO within 2 business days of receipt.

6.3 Concealed transport damages. Damages that become apparent only after unpacking must be reported to NEXT AUDIO within 7 calendar days of receipt of the shipment.

6.4 Incomplete or incorrect deliveries. Shortages, incorrect deliveries, and obvious defects must be reported to NEXT AUDIO within 7 calendar days of receipt of the shipment.

6.5 Hidden defects. Defects that were not recognizable even with careful inspection must be reported immediately after their discovery, at the latest within 7 calendar days of discovery. The limitation periods according to section 7 remain reserved.

6.6 Form and content of the report. Reports under this section must be made in writing (email is sufficient) to [insert support/contact address] indicating the order or invoice number, a description of the defect, and – in the case of transport damages – meaningful photos of the goods, packaging, and shipping label.

6.7 Retention of packaging. In the case of transport damages, the complete original and transport packaging must be retained until the damage settlement is completed and made available for inspection to the transport service provider or NEXT AUDIO upon request. If the packaging is disposed of beforehand, the proof of damage against the transport service provider may be forfeited; in this case, the customer bears the risk of lack of evidence.

6.8 Further Use. Goods that are the subject of a complaint may not be processed, modified, or resold until clarification, as far as this is significant for the damage settlement.

6.9 Consequences of Omitted Complaint. If a timely complaint is not made, the delivery is considered approved regarding the relevant defects (Art. 201 OR). Mandatory legal rights remain reserved for consumers; the deadlines of this clause apply to them as procedural deadlines, compliance with which facilitates the settlement.

6.10 Settlement. Recognized complaints will be resolved at NEXT AUDIO's discretion through supplementary delivery, replacement delivery, repair, or credit. Returns are only accepted after prior agreement and with the return documents provided by NEXT AUDIO; shipments sent freight collect or without prior notice may be rejected. For justified complaints, NEXT AUDIO bears the return shipping costs.

7. Warranty and Guarantee

7.1 NEXT AUDIO guarantees that the delivered goods have the promised properties and are free from defects that would nullify or significantly reduce their value or suitability for the intended use.

7.2 Deadlines. The warranty period for new goods is 24 months from delivery, for used and demonstration goods 12 months from delivery. For business customers, the period for new goods is 12 months from delivery. Longer manufacturer guarantees remain reserved.

7.3 Manufacturer Guarantees. As far as manufacturers provide their own guarantees, their conditions apply in addition to and independently of the statutory warranty rights. NEXT AUDIO assists in the processing of warranty cases.

7.4 Exclusions. The warranty does not cover damages and impairments resulting from:

• normal wear and tear (including folds, membranes, coverings, surfaces, connection sockets);
• overloading, particularly thermal or mechanical overload of speakers due to overdriving, clipping amplifiers, unsuitable amplifier power, or improper impedance configuration;
• improper installation, assembly, wiring, or commissioning;
• interventions, modifications, or repairs by unauthorized third parties;
• exposure to moisture, dampness, extreme temperatures, dust, smoke, or corrosive environments;
• transport damages after the transfer of risk that were not reported in accordance with section 6;
• failure to observe the manufacturer's documentation.

7.5 In the case of a justified complaint, NEXT AUDIO has the right to first remedy the defect or provide a replacement. If the remedy fails twice or is impossible or unreasonable, the customer may demand a reduction of the purchase price or, in the case of significant defects, rescission.

7.6 Services. For services in the field of audio production, the agreed acceptance according to section 9 applies. Complaints about accepted results must be made in writing within 30 days of delivery; thereafter, the services are considered approved.

8. Right of Return

8.1 There is no statutory right of withdrawal for online orders under Swiss law. NEXT AUDIO voluntarily grants a right of return under the following conditions.

8.2 Goods can be returned within 14 calendar days returned upon receipt, provided that they are complete, undamaged, in original condition and in the unopened or undamaged original packaging including all accessories and documentation.

8.3 Returns must be registered in advance by email. Without a return registration, acceptance may be refused. The costs and risks of the return transport are borne by the customer; shipments sent freight collect will not be accepted.

8.4 The following are excluded from return:

• Special orders, custom-configured or manufactured items (e.g., special colors, special finishes, special lengths);
• opened software, licenses, and download products;
• items that cannot be returned for hygiene reasons (e.g., in-ear adapters, ear cushions);
• services that have already been provided or started.

8.5 Depreciations due to signs of use, missing accessories, or damaged original packaging will be appropriately deducted from the refund amount. The refund will be made within 14 days after receipt and inspection of the return using the same method as the payment.

8.6 The return under this clause does not affect warranty rights under clause 7.

9. Audio production, sound design, and audio engineering services

9.1 Process and correction rounds. Unless otherwise agreed, the first mix will take place no later than three weeks after the recording or after receipt of the complete source material. The order includes two correction rounds before final acceptance. Each additional correction round will be charged with an additional audio mixing day at a minimum of CHF 500.–.

9.2 Acceptance. The acceptance is done in writing (email is sufficient). If no written feedback is received within 14 days after delivery of the acceptance copy, NEXT AUDIO sets an extension of 10 days; after that, the service is considered accepted. Any productive use of the result is considered acceptance in any case.

9.3 Delivery and Formats. The standard delivery format is WAV, 24 Bit, 48 kHz. The master stereo file is delivered via download. Deviating formats, stems, or multi-channel formats must be agreed upon in advance and will be charged separately.

9.4 Raw Data and Project Data. Only the agreed final product (master file) is owed. There is no entitlement to the release of raw recordings, sessions, project files, plug-in configurations, or interim results. A release occurs only based on a separate written agreement and against reasonable compensation.

9.5 Storage. NEXT AUDIO generally retains the project data for one year after completion of the order. Beyond that, there is no obligation to store. The client is responsible for securing the delivered final product.

9.6 Usage Rights. The agreed usage rights for the work result are transferred to the client only upon full payment of the fee. The scope of use is derived from the purpose of the contract. Any use outside the agreed contract purpose requires prior agreement and must be compensated appropriately.

9.7 Reference and Marketing Use. NEXT AUDIO is entitled to publish excerpts of the created audio productions – including A/B comparisons (source material against the final mix) as well as associated visual material – on its own website, in portfolios, and on social media channels as reference and marketing examples, and to name the project and the client as a reference. The client may object to this use in writing before the start of the order or agree on a blocking period; projects to be treated confidentially must be designated as such in advance.

9.8 Participation. The client provides the source material in a timely, complete, and usable quality and names a primary contact person with decision-making authority. Delays and additional effort due to late, incomplete, or inadequate participation are the responsibility of the client.

9.9 Third-party rights to the source material. The client assures that it holds all rights to the provided material (music, recordings, voices, images, personality rights) and fully indemnifies NEXT AUDIO from claims by third parties.

9.10 On-site assignments. For audio technical assignments at events, the following applies: Since each audio system is individually assembled, the assumption of responsibility requires a prior, complete, and documented briefing on the system. If this is missing, NEXT AUDIO assumes no liability for technical problems, failures, or defects of the system not provided by NEXT AUDIO. The liability for event technology, moreover, lies with the owner or renter of the system.

9.11 Order cancellation. If an order is canceled prematurely, 20% of the order amount as well as all services rendered and costs incurred up to that point may be charged.

10. Liability

10.1 NEXT AUDIO is liable for damages that are based on intent or gross negligence without limitation.

10.2 The liability for slight negligence is – as far as legally permissible – limited to the order or purchase value.

10.3 Liability for indirect damages and consequential damages, in particular lost profits, production downtime, data loss, failure of events, and claims from third parties is excluded – as far as legally permissible.

10.4 The liability for personal injury as well as liability under the Product Liability Act remains unaffected.

10.5 NEXT AUDIO is not liable for damages to third-party equipment that is used in the context of an order and is not owned by NEXT AUDIO; the respective owner or lessor is liable for this.

10.6 NEXT AUDIO is not liable for delays and failures due to force majeure (including natural events, official orders, strikes, pandemics, supply chain disruptions, failure of transport or communication infrastructure). If the event lasts longer than 60 days, both parties may withdraw from the contract.

11. Retention of Title

The delivered goods remain the property of NEXT AUDIO until all claims from the relevant contractual relationship have been fully paid. NEXT AUDIO is entitled to have the retention of title registered in the retention of title register at the residence or seat of the customer (Art. 715 ZGB). The customer shall cooperate in such registration.

12. Intellectual Property

12.1 All content on the website nextaudio.ch (texts, images, audio and video recordings, graphics, layout) is protected by copyright and may not be reproduced, modified, or distributed without written consent.

12.2 Rights of third-party brands and manufacturers are reserved. The mention of brands is for product designation.

12.3 For the copyright and usage rights of commissioned works, section 9.6 applies.

13. Data Protection

13.1 NEXT AUDIO processes personal data in accordance with the Swiss Data Protection Act (DSG) and exclusively for the processing of orders, contracts, payments, shipping, and support, as well as – with appropriate consent – for information about its own products and services.

13.2 Data necessary for contract processing will be passed on to transport service providers, payment service providers, and in the case of international deliveries to customs and freight forwarding service providers.

13.3 Details are governed by the privacy policy on nextaudio.ch. [Insert link]

14. Final Provisions

14.1 If individual provisions of these terms and conditions are or become ineffective, the effectiveness of the remaining provisions shall remain unaffected. The ineffective provision will be replaced by a regulation that comes closest to the economic purpose.

14.2 Changes and additions to contracts must be in writing; an email is sufficient.

14.3 NEXT AUDIO is entitled to adjust these terms and conditions at any time. For contracts already concluded, the version published at the time of the contract conclusion applies.

14.4 Only Swiss law applies, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).

14.5 The jurisdiction is Basel-Stadt, Switzerland. Mandatory legal jurisdictions remain reserved, especially for consumers.

14.6 NEXT AUDIO is not obligated to participate in dispute resolution procedures before a consumer arbitration board.

Next Attention GmbH – NEXT AUDIO Lower Rhine Way 86, CH-4057 Basel hello@nextattention.com | www.nextaudio.ch Registered in the commercial register of the canton of Basel-Stadt

Basel, 01.01.2026 – Valid without signature.