General delivery conditions
These delivery and payment conditions are used by ProbeTube.com (statuar name: Second Opinion Hoortoestellen b.v.) established and domiciled in Harderwijk, as well as all its affiliated companies.
In these delivery conditions the following terms have the following meanings:
ProbeTube.com is a trademark of “Second Opinion hoortoestellen b.v.” e.g. established in Harderwijk, the Netherlands.
A natural or legal person who makes use of the services or products, whether or not against payment of a specific fee or purchase price.
Audiological and associated and related products for hearing impaired and / or products that enable or treat the diagnosis of hearing impairment, which are delivered to a client by ProbeTube.com in accordance with an offer or agreement.
These terms and conditions apply to all offers and agreements relating to products and services delivered between Second Opinion and its clients, unless otherwise and specifically agreed through an agreement.
No rights can be derived from documentation material provided by ProbeTubes.com, such as catalogs, notes, prospectuses, descriptions, charts, images and the like, and this material can also be subject to change.
Offers are valid for 14 days, or so much different than expressly agreed. They expire after the expiry of the applicable term, after which the client can no longer claim any rights to them.
5 Delivery times
The delivery times stated or agreed in the quotation and / or order confirmation are only approximate and do not apply as strict deadlines. Even if these terms have been explicitly requested by the client. Exceeding the delivery time never gives the client the right to compensation for direct or indirect damage, or dissolution of the agreement, unless mandatory statutory rules for consumer transactions prescribe otherwise.
The risk for the product is transferred to the client from the moment of delivery to the client, or to a third party designated by the client.
6 Force majeure
Force majeure, to be understood as any circumstance beyond the will and action of ProbeTubes.com, whether or not foreseeable at the time of entering into the agreement, as a result of which fulfillment cannot reasonably be expected from ProbeTubes.com, gives ProbeTube.com the right to fulfill its obligations to suspend.
Force majeure within the meaning of these terms and conditions includes: lack of raw materials, factory or transport disruptions of any kind, strikes, exclusion or shortage of personnel, quarantine, epidemics, mobilization, martial law, war, riots. , obstructing or closed supply on land, at sea or in the air, loss of frost, breach of contract by third parties engaged by ProbeTusbes.com for the implementation of the agreement, as well as all obstacles caused by government measures.
If the fulfillment of the agreement has not become permanently impossible, the parties are, if as a result of circumstances as referred to above, the performance of the agreement is suspended for more than 2 months, to dissolve the agreement by notifying the other party in writing. without one party being entitled to compensation against the other. Such notification must be made within one week after the expiry of the above-mentioned period.
7 Prices and price changes
The price for the product to be delivered and any related services and products is the price as stated in the offer of ProbeTubes.com
All prices are stated in euros and exclusife of VAT.
If the purchase agreement, or an order for services to be provided, has been concluded, but not yet completed, Second Opinion is entitled to express the difference in the purchase price in the event of a change in currency ratios, tax rates, raw material prices and / or changes in other cost price determining circumstances. . If the price increase takes place within 3 months after the conclusion of the agreement, the client is entitled to dissolve the agreement
Unless otherwise agreed in writing, payment for the delivered products and / or services must be made no later than 14 days after final delivery.
The products delivered by ProbeTubes.com have a legal warranty period of 2 years after the invoice date. No warranty can be claimed on disposable products (disposable products) if they have already been used. The sales invoice serves as a guarantee certificate.
Any complaints must be reported to ProbeTubes.com immediately and in any case within 2 months after they arise, accurately described. Complaints that have existed for more than 2 months and for which a warranty is claimed, do not necessarily have to be handled by ProbeTubes.com
ProbeTubes.com reserves the right to exchange products or have them repaired by the manufacturer-importer if a warranty claim is found to be justified.
Warranty on products lapses if there are defects caused by the client. This includes, among other things, improper use, as well as the consequences of an attempt to repair yourself.
If ProbeTubes.com is legally liable for the consequences of an error in the performance of the services or products provided by ProbeTubes.com, the client is entitled to compensation for damage.
The amount of damage to be compensated can, however, never exceed the price of the delivered product or service.
Without prejudice to the provisions of the Civil Code regarding product liability, ProbeTubes.com’s liability for consequential or indirect damage of a client or any third parties is always excluded.
11 Other provisions
If a provision of these terms and conditions and / or a provision from an agreement between ProbeTubes.com and a client is null and void or should be annulled, the other provisions of these terms and conditions and that agreement will remain in full force. The parties are then obliged to have the void or voidable provision replaced in mutual consultation in a manner that does as much justice as possible to the intent of the void or voided provision.
Deviations from, or additions to these terms and conditions, or an agreement to which they apply, can only bind ProbeTubes.com if those additions or deviating provisions have been agreed in writing.
12 Governing Law and Disputes
Dutch law applies to all offers, agreements, delivery of products and services. Disputes can be submitted to the competent Dutch court.
These delivery conditions were drawn up on september 1, 2020 and can be found on our website