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Terms and Conditions

1 - Introduction

Access and navigation on this site are subject to these General Terms and Conditions of Use, which are part of the General Conditions of Sale of the online store www.nextaudiogroup.com presented by the company CVA Electrónica – Fábrica de Equipamento de Som e Luz, Lda, tax no. 502538163, headquartered at Rua da Venda Nova, 295, 4435-469 Rio Tinto, Portugal, hereinafter referred to as NEXT Audiocom, by reference to the trademark it owns.

Sales made via the online store www.nextaudiocom.com presuppose the acceptance by the customer of the General Conditions of Sale that are established in compliance with the legislation applicable to the e-commerce sector in general.

NEXT Audiocom, however, reserves the right to change these General Conditions of Sale without prior notice and is obliged to publish any changes to this website.

NEXT Audiocom may not be held responsible for any facts arising from the unavailability of the website, whatever its duration, and reserves the right to restrict access to certain areas of the site for technical reasons, commercial reasons or in order to comply with legal obligations.

These General Terms and Conditions of Use are intended to define the conditions of access and website navigation by the customer who intends to make purchases in the online store. The General Conditions of Sale text aims to regulate the terms of the commercial transactions set between NEXT Audiocom and the Customer.

2 - Order and Purchase

The ordering and purchasing process is only possible after the creation of a customer account and/or the customer's login to the online store, which should follow the various sequential steps of the ordering process that will allow registration of the purchase.

2.1 - Payment Terms

Upon completion of the ordering process in the customer's personal account, the purchase will be registered, and the customer will have a deadline, indicated in the payment method selected, to proceed to the payment. At the end of this period, if there is no confirmation of payment, the order will be cancelled.

Note: some payment methods allow the saving of the data required to carry out the payment transaction. However, in this context, no personal data of the customer will be stored, so, such data management should be done directly with the service provider. Exception should be made for situations where the service provider allows the management of personal data to be made directly on our website, in which case, whenever in compliance with the applicable legal provisions, the indications issued by the provider will be complied with, in particular in protection of personal data.

2.2 - Payment methods

Credit card - The customer can make the payment using a credit card, benefiting from the payment conditions offered by their bank.

After selecting the credit card payment option, selected the invoice address, and clicking "Proceed to payment" on the last stage of the purchase process, the customer will be redirected to the webpage of the entity that ensures the payment transaction. On the said webpage, the required details of the credit card shall be entered, including the credit card number, the expiration date and the respective security code. In that sequence, the customer should click the "Make the payment" button.

If payment is declined, a message will be sent to the customer, indicating the verified error. In such event, a new payment attempt is recommended; if the problem persists, contact with the respective bank or the credit card issuing entity for further information is recommended.

Once paid, the amount will be debited from the customer's credit card account. If, for any reason, there should be the need to cancel the order, in whole or in part, the amount will be refunded. The transaction will be reflected in the customer's card statement predictably after three business days from the date it was made.

Bank Transfer – The payments by bank transfer can be made through the ATM network or through Home Banking.

In the purchase process, by selecting the payment method “bank transfer”, you can see the IBAN to which the bank transfer must be made. The customer will receive the IBAN in the order confirmation email, although it will also be available on the "Orders" tab of the account.

After completing the order process in the customer's account, the purchase will be registered and the customer will have 2 days to proceed with the payment. After this period, if there is no payment confirmation, the order will be cancelled.

MB Way – The customers can pay their order via the MB Way payment system (mobile app). In the order process this payment method must be selected. The customer shall then indicate the mobile phone number to which the app is associated after which shall access the mobile app and follow the steps to confirm the indicated purchase order.

The payment must be made within five minutes, otherwise the order will be cancelled.

2.3 - Product Information

There may be situations where product information, including pricing and promotional campaigns, has not been correctly published. In these cases, NEXT Audiocom reserves the right not to fulfill orders containing the respective products. In the event that an order containing such products has been placed, the Customer Support team will contact the customer in order to inform of the impossibility to proceed with the order.

2.4 – Incomplete Order

If the order contains a product for which there is no longer physical stock, the Customer Support will contact the customer in order to confirm the situation and allow the refund to be made. Anyway, the remaining products will be shipped to avoid a delay on the delivery process.

2.5 – Refund the incomplete order

The refund can be made immediately in the form of a refund coupon that will be valid for 12 months from the date of creation.

Note: after that date, there will be no refund.

Through a message or e-mail sent by the Customer Support team, the customer will be informed of the order change and of the code of the refund coupon.

If the customer prefers a refund on the original form of payment, the customer shall send a reply to the message that has received from the Customer Support team on which shall resubmit the refund coupon code along with the bank account details to which the amount ought to be refunded (bank name, IBAN and SWIF code).

3 - Delivery

Once the order has been shipped, the customer will receive a confirmation email with their invoice, the assigned shipping number and a hyperlink that will allow the tracking of the order. The customer may also have access to that hyperlink by logging in to their account and clicking on the “Orders” section. The shipping information may take some time to be available.

Orders are delivered from Monday to Friday, except for local or national holidays, at the indicated address by the customer as “delivery address”.

3.1 - Delivery Services

NEXT Audiocom provides regular delivery services, which are subject to the own procedures of each forwarder.

As an alternative to the forwarder, the customer can collect their order directly at the logistics center located at Avenida Dom Miguel, 344 4435-678 Baguim do Monte, Portugal.

Note: A forwarder contracted by the customer is not allowed to pick up the goods.

3.2 - Delivery of the order

The expected delivery time will be noted, on the "Delivery method" tab.

The delivery times are merely indicative as shall only be applicable whenever no physical or structural constraints are verified (e.g.: force majeure events, incorrect addresses, strikes, missed connections, extreme weather events, among others).

The order can be delivered at home, at the workplace or at any other address provided by the customer. The customer must provide the address where is expected to be present between 9:00 am and 7:00 pm on the day scheduled for delivery.

Note: It is not possible to choose a specific delivery time.

An incorrect or incomplete delivery address may result in the order being returned and may lead to additional costs for the customer (additional shipping costs). For this reason, it is highly recommended that the customer always makes sure that the delivery address indicated at the time of the order placement is effectively correct and complete.

Note: once the order is placed, it is not possible to change the delivery address or the provided billing data.

If the reason for the unsuccessful delivery and return of the order is the responsibility of the forwarder, the customer will have to write a complaint which will be analyzed by the forwarder.

Upon receipt of the order, the customer must check the condition of the boxes and always mention if something is not ok (such as: "Damaged box"; "Box with drop marks"; "Box without tape") on the driver's reception sheet, as well as whenever possible check the inside of the boxes, so that in the event of any damaged or missing product, a service claim can be made immediately and insurance can be activated to cover all the damages. If it is impossible to check on the delivery, the customer should mention on the tab “under verification” in order to analyze it later.

If nothing is written on the driver's reception sheet, may result in a “non-acceptance” of the complaint. However, if after order acceptance and during the opening of the order, any damage caused by transport is detected, the customer must still contact NEXT Audiocom immediately via email (on the day of delivery).

In both cases, the customer must send an e-mail to NEXT Audiocom with a detailed description of the damage with pictures of the product, boxes and labels for easier identification.

3.3 - Shipping costs

Shipping costs are automatically calculated by the system and may vary according to the weight, total amount of the order and delivery address.

Shipping Costs (Consumer):

Portugal (continental):

 - 2,99€ for orders up to 39,99€

- Free Shipping for orders + 39,99€

Note: for resellers and other regions, please contact us ([email protected])

4- Returns (Resolution of contracts in the distance orders) and Exchanges

For distance purchases (made online and received by forwarder), Portuguese law establishes a 14-day period for the consumer (known as the reflection period) after the invoice date, during which you can return the item (s) without the need to indicate any reason.

4.1 - Returns

In cases of Contract Resolution, the return shipping costs are paid by the client, as written in no. 2 of article 13 of Decree-Law no. 24/2014, of 14 February, and the amount of shipping paid on the order (if exists) is credited.

For the purchases made directly in our stores, contrary to what happens on the distance shopping (online), the Portuguese Law does not establish the obligation for the selling company to accept the Contract Resolution (return) if the item is in conformity. This means that if the product is purchased directly in our store or purchased online and picked up on the store, NEXT Audiocom only accept any returns/changes if the items have any manufacturing defect.

Even if we accept returns/changes in the first 14 days in the purchases by distances (as described above), the returned goods will only be accepted if they respect the following conditions:

- The returned items must be in perfect shape without any signs of use/defect;

- The items must be returned with its original box, manuals and any accessories, all in perfect shape and without any signs of use/defect,

- The purchase invoice for that item has to be sent along with the item itself;

- The RMA (here) has to be sent along with the item itself;

-The forwarder label must be attached to the original shipping box, or another alternative that guarantees the good preservation of the product and its box.

In the event any of the above points are not followed, we might not accept the return (and consequent reimbursement). In this case, the customer will lose the right to be refunded and will have 10 days to collect the item at the NEXT Audiocom facilities, at their own expenses.

Except for manufacturing defects, there are articles that by their nature cannot be accepted for returns/exchanges such as headphones and installed articles.

For returns, the items should be sent or delivered at the following address:

CVA Electrónica – Centro Logístico

Avenida Dom Miguel, 344 4435-678 Baguim do Monte, Portugal

4.2 - Reimbursing the Returns:

If you want the refund on Online purchases, the same will be done through the same way of the initial payment. NEXT Audiocom will refund the amount paid for the article as soon as the technical verification of the condition of the product and verification of compliance with the conditions described above is carried out.

4.3 - Exchanges

In order to obtain the exchange of the products, the customer shall return the items, request a refund and make a new purchase. The entire return procedure is properly described in the item 4.1- Returns.

5 - Warranty

NEXT Audiocom ensure, for a period of 24 months from the date of purchase, the quality of its products by offering customers, where legitimate, one of the below stated solutions, in accordance to the following order:

- repair of the damaged good, ensuring proper functioning and / or the final quality;

- exchange the product;

- cancel the contract and consequent reimbursement if none of the above options is possible.

To exercise the customer's right to the warranty, the customer must check point 5.3 – Warranty Process.

5.1 - Exclusions from Warranty

The customer must keep the original packaging, and the packing material provided, for a minimum period of two years (or for the term equivalent to the duration of the warranty extension, if any).

After receiving the product under warranty, the Customer Support service will analyze it, in order to confirm the effective right to the warranty by the customer, excluding all proven situations:

- abuse;

- intentional damage;

- negligent damage by the customer;

- normal wear and tear of the product, as long as it is within the expected levels;

- inability to prove the fault or defect indicated by the customer;

- removal of stickers with serial number;

- humidity in the product;

- all situations that are detected as fraud attempts.

In all these cases, the RMA is immediately refused, leading to the return of the product with expenses paid by the customer, or alternatively, the collection at the address mentioned below.

If the warranty is valid, the product will be repaired, replaced or refunded in the shortest possible time, up to a maximum of 30 days from the notification to be sent by email to the customer.

5.2 – Warranty Refund

The refund of any amount paid will be made using the same payment method used to purchase the product, unless otherwise agreed with the customer.

5.3 – Warranty Process

The warranty process should always start filling the RMA (here) and wait till the contact from the Customer Support who will tell the customer how to proceed.

The products must be sent, or delivered to the following address:

CVA Electrónica - Logistics Center

Avenida Dom Miguel, 354 4435-678 Baguim do Monte, Portugal

 The customer must prepare the packaging of the product, either in terms of sealing, or in terms of insulation from other contact surfaces and / or humidity on the transport, using the original packaging, ensuring a proper packaging, packing the product with the original packaging in a second transport package.

The Customer Support department will always be available to provide any clarification and / or packaging suggestion prior to the shipment or collection of the products.

5.4 - Sending Repairs

After finishing the warranty process, the customer will be notified that the products are ready to be shipped or picked up.

Shipping costs for NEXT Audiocom repairs will be paid by NEXT Audiocom if the reported defect has been effectively detected. The customer can also pick up the products at the address mentioned above instead using a forwarder.

If the reported defect is not detected, or the RMA is refused for any of the reasons mentioned above, the shipping costs will be charged to the customer who must settle them before the product leaves the logistics center, or alternatively proceed to pick up the products at above mentioned address.

The deadline for picking up the repaired equipment (or with refused RMA) is 30 days.

If the survey does not take place within 30 days after informing the customer, the products will be considered abandoned under the terms of article 1267 / 1a of Civil Code, so NEXT Audiocom is no longer responsible for the integrity of the equipment. From the moment that it is considered abandoned, the holder is obliged to pay as a penalty clause the amount of 2.5€ per day of delay. After 3 years from the date, under the article 1299 of the Civil Code, the goods will become property of NEXT Audiocom. In case of debt, NEXT Audiocom has the right to retain all goods in its facilities until it is fully paid off.

6 - Alternative Dispute Resolution

In the event of a dispute, the consumer may refer to the Online Consumer Dispute Resolution entities identified on the website: https://webgate.ec.europa.eu/odr.