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Terms and Conditions

By accepting the terms and conditions, you acknowledge its content.

Terms and conditions of RhinoCentre for customers concerning a distance selling transaction.

Table of Contents:

Art. 1 – Definitions

Art. 2 – Identity of RhinoCentre

Art. 3 – Applicability

Art. 4 – The Offer

Art. 5 – The Agreement

Art. 6 – Right of withdrawal

Art. 7 – Customer’s obligations during the reflection period

Art. 8 – Exercising the Customer’s right of withdrawal and the costs

Art. 9 – Obligations of RhinoCentre in case of withdrawal

Art. 10 – The Price

Art. 11 – Delivery and execution

Art. 12 – Payment

Art. 13 – Complaints procedure

Art. 1 – Definitions

In these terms and conditions:

    1. Additional Agreement: an agreement in which the Customer acquires products, digital content and/or services with respect to a distance agreement and these goods, digital content and/or services are delivered by RhinoCentre or a third party on the basis of an arrangement between this third party and RhinoCentre.
    2. Customer:
      1. The consumer as a natural person.
      2. The other party as a natural person acting in the exercise of profession or business
    3. Reflection period: the period within which the customer can make use of his right of withdrawal.
    4. Day: calendar day.
    5. Digital Content: data produced and delivered in digital form.
    6. Continuing performance contract: a contract serving to deliver goods, services and/or digital content in a given period.
    7. Sustainable data carrier: any means, including email, that allow the Customer or RhinoCentre to store information directed to him/her personally in such a manner that makes future consultation and use possible during a period that matches the purpose for which the information is destined and which makes unaltered reproduction of the stored information possible.
    8. Right of withdrawal: the Consumer’s option not to proceed with the distance agreement within the cooling-off period;
    9. Standard form for withdrawal: the European standard form for withdrawal included in Appendix 1;
    10. Distance contract: a contract concluded by the RhinoCentre and the Customer within the scope of an organised system for distance selling products, digital content and/or services, whereby exclusive or additional use is made of one or more technologies of distance communication up to the conclusion of the contract;
    11. RhinoCentre: represented by Gerard Petersen (registered as sole proprietorship), the natural and legal person offering products remotely to customers.
    12. Technology for distance communication: a means to be used for concluding an agreement without the Customer and RhinoCentre being together in the same place at the same time.

Art. 2 – Identity of RhinoCentre

Gerard Petersen | RhinoCentre.nl
Westersingel 4
8913 CK Leeuwarden
the Netherlands

Phone: + 31 (0) 58 2131855 (available from Monday to Friday, from 9.00-17.00 hour)

sales@rhinocentre.nl
www.rhinocentre.nl

Chamber of Commerce number: 3414856 (registered as sole proprietorship with RhinoCentre as a trade mark)

VAT number: NL 108085740B01

Art. 3-Applicability

    1. These general terms and conditions apply to any offer of RhinoCentre and on any distance contract concluded between RhinoCentre and the customer, unless otherwise specified in this agreement. This applies to the applicability of certain product groups.
    2. Before concluding a distance contract, RhinoCentre shall make the text of these General Terms and Conditions available free of charge and as soon as possible. If this is reasonably impossible, RhinoCentre shall indicate in what way the General Terms and conditions can be inspected and that they will be sent free of charge if so requested, before the distant contract is concluded.
    3. If the distance contract is concluded electronically, the text of these General Terms and Conditions, in deviation from the previous section and before the distance contract is concluded, may also be supplied to the Customer electronically in such a way that the Customer can easily store it on a long- term data carrier. If this is reasonably impossible, it will be specified where the General Terms and Conditions can be viewed electronically and that they will be sent to at the Customer´s request free of charge, either via electronic means or otherwise, before concluding the distance contract.
    4. In the event that specific product or service condition apply in addition to these General Terms and Conditions, the second and third paragraphs shall apply accordingly, and in the event of contradictory terms and conditions, the Customer may always appeal to the applicable provision that is most favourable to him/her.

Art. 4-The Offer

    1. If an offer is of limited duration or if certain conditions apply, it shall be explicitly stated in the offer.
    2. The offer is without obligations. RhinoCentre is allowed to change and adjust the offer.
    3. The offer contains a full and accurate description of the products, digital content and/or services offered. The description is suitably detailed to enable the Customer to assess the products, or services and/or digital content adequately. If RhinoCentre makes use of pictures, they are truthful images of the products and/or services provided. Obvious errors or mistakes in the offer do not bind RhinoCentre.
    4. All offers contain such information that it is clear to the Customer what rights and obligations are attached to accepting the offer.

Art. 5-The Agreement

    1. An agreement between the customer and RhinoCentre can be created in two ways:
      1. Via the webshop.
      2. Via a quote and invoice by e-mail.
    2. Subject to the provisions in paragraph 5, the contract becomes valid when the Customer has accepted the offer and fulfilled the terms and conditions set.
    3. If the Customer accepted the offer via electronic means, RhinoCentreshall promptly confirm receipt of having accepted the offer via electronic means. As long as the receipt of said acceptance has not been confirmed, the Customer may repudiate the contract.
    4. If the contract is concluded electronically, RhinoCentre will take appropriate technical and organisational security measures for the electronic data transfer and ensure a safe web environment. If the Customer can pay electronically, RhinoCentre shall observe appropriate security measures.
    5. RhinoCentre may, within the limits of the law, gather information about Customer’s ability to fulfil his payment obligations, and all facts and factors relevant to responsibly concluding the distance contract. If, acting on the results of this investigation, RhinoCentre has sound reasons for not concluding the contract, he is lawfully entitled to refuse an order or request supported by reasons, or to attach special terms to the implementation.
    6. Before delivering the product, RhinoCentre shall send the following information along with the product, the service or the digital content in writing or in such manner that the Customer can store it in an accessible manner on a long-term data carrier:
      1. The phone number and/or the e-mail address of RhinoCentre where the Customer may get into contact with any complaints.
      2. The conditions on which and the manner in which the Customer may exercise the right of withdrawal, or, as the case may be, clear information about his being exempted from the right of withdrawal.
      3. The price including all taxes of the product, service or digital content, where applicable the delivery costs and the way of payment, delivery or implementation of the distance contract.
      4. The standard form for withdrawal if the Customer has the right of withdrawal.

Art. 6 – Right of withdrawal

Right of withdrawal applies to the product group Software.

The customer can test, free of charge, all offered software products before purchase. This can be fully functional products for a limited period of time or the evaluation version is limited in functionality:

Product Functionality Duration evaluation version
Rhino Fully functional 90 days
Flamingo Max. render image resolution 640×480 pixels + watermark
Bongo Fully functional 30 days
V-Ray  Fully functional  30 days
RhinoGold
RhinoNest
Clayoo
Orca3D Fully functional 15 days
Scan&Solve Fully functional 7 days
    1. The Customer can repudiate a purchase contract for a product without giving reasons for a period of reflection of a maximum of 14 days after the day of purchase.
    2. RhinoCentre may ask the Customer about the reason for the withdrawal but cannot force him to state his reason(s).
    3. The reflection period referred to in sub-clause 1 starts on the day the product is received by the Customer or by a third party appointed by him in advance and who is not the carrier, or if the Customer ordered several products in the same order: the day on which the Customer or a third party appointed by him received the last product. RhinoCentre may refuse an order of several products with different delivery dates provided that he clearly informs the Customer prior to the order process, in case the delivery of a product consists of several batches or parts: the day on which the Customer or a third party appointed by him received the last batch or the last part.
    4. In case of an agreement about regular delivery of products during a given period: the day on which the Customer or a third party appointed by him received the first product.

Excluded from the right of withdrawal are the product groups:

  • Online Training; Because the customer can thoroughly explore the nature and content of the product in advance in the following ways::
    • The product description of a training module contains a detailed overview of the topics covered. This allows the customer to inform themselves in advance about the contents of the training module.
    • The product description of a training module contains, as an example, at least one exercise that is part of the particular training module. This allows the customer to inform themselves about the way in which the training is offered.
    • The instruction video on the website page ‘Online Training‘ section gives the customer an idea of the restricted accessible part of the website where the customer buys access to. The video also gives an idea how following an online training takes place in practice. By agreeing to these terms and conditions, the customer acknowledges that he is aware of the content of the video.
  •  In-Company training; See our training conditions or ask for them.
  • Open training; See our training conditions or ask for them.
  • Services; For this product group only agreements are made with quotations that are confirmed by the customer.

Art. 7-Customer’s obligations during the time of reflection

These obligations apply to the product group Software:

    1. The delivered license key(s) will never be offered to third parties.
    2. The Customer is only liable for the value reduction of the product that is the result of a way of handling the product that goes further than allowed in paragraph 1.
    3. The Customer is not liable for the depreciation of the product if RhinoCentre has not provided him with all legally required information about the right of withdrawal prior to or at the conclusion of the agreement.

Art. 8-Exercising the Customer’s right of withdrawal and the costs

The following agreements apply to the product group Software:

    1. If the Customer exercises his right of withdrawal he shall notify RhinoCentre unambiguously with the standard form for withdrawal within 14 days after the purchase.
    2. The Customer shall return the license key to RhinoCentre as soon as possible but within 14 days counting from the day following the notification referred to in sub-clause 1.
    3. As soon as possible, but within 14 days of the day following the notification referred to in paragraph 1, the Customer shall return the license key by e-mail. The Customer has in any case respected the return period when the license key(s) are returned before the reflection period has expired.
    4. The risk and the burden of proof for the correct and timely exercise of the right of withdrawal fall on the Customer.
    5. If the Customer exercises his right of withdrawal, all additional agreements end by operation of law.

Art. 9-Obligations of RhinoCentre in case of withdrawal

These obligations apply to the product group Software:

    1. If the RhinoCentre Entrepreneur makes the notification of withdrawal by electronic means possible, RhinoCentre shall promptly send a return receipt.
    2. RhinoCentre shall reimburse all payments made by the Customer, within 14 days following the day on which the Customer notified RhinoCentre of the withdrawal. RhinoCentre can wait with paying back until having received the product. RhinoCentre may wait with reimbursement until RhinoCentre has received the license code or the Customer demonstrates to RhinoCentre that he has returned the product.

Art. 10-The selling price and shipping costs

    1. The price mentioned on the website is fixed, unless the customer purchases larger numbers and agrees with RhinoCentre a discount on the sale price.
    2. The prices listed in the offer of products are excluding BTW/VAT for the following reasons:
      1. Most sales turnover is ‘business to business’.
      2. Some products are sold to countries outside the Netherlands and within the European Union (EU). In this case, the Customer who purchases for a business can purchase without paying the BTW/VAT in case a valid VAT number is registered when the order is completed on the RhinoCentre website.
      3. Some products are sold outside the EU in other parts of the world. In this case, no BTW/VAT is required.
    3. Unless otherwise agreed beforehand, the RhinoCentre charges no shipping costs.

Art. 11-Delivery and execution

    1. Unless otherwise stated in the offer, the following conditions apply.
    2. The following conditions apply to the product groups Software and Online Training and Online Consultancy.
    3. The Open training and In-Company Training product groups are subject to separate training conditions that can be requested at RhinoCentre via e-mail.
    4. RhinoCentre shall exercise the best possible care when booking orders and executing product orders and when assessing requests for the provision of services.
    5. Delivery time:
      1. For all payments (Ideal/PayPal/Credit Card etc.) except in the case of bank transfers:
        1. Software:
          1. For customers companies and individuals: if software is on stock, on the same working day. Otherwise within two working days or otherwise agreed.
          2. For customers students and teachers: After verification of the educational status, if software is on stock on the same working day. Otherwise within two working days or otherwise agreed.
          3. For schools and universities: After verification of the educational status, if software is on stock on the same working day. Otherwise within two working days or otherwise agreed.
        2. Online Training: The customer is given instant access to the purchased online training module(s).
        3. Online Consultancy: Within one week, RhinoCentre makes an appointment for a consultation with the customer. Unless otherwise agreed with the customer, the consultation shall take place within four weeks after payment.
      2. By bank transfer:
        1. Software: When the money is received on the bank account of RhinoCentre, software is delivered the same working day when it is on stock. Otherwise, software licenses are delivered within two working days.
        2. Online Training: When the money is received on the bank account of RhinoCentre, the customer gets access to the online training on the same working day.
        3. Online Consultancy: When RhinoCentre has received the money on the bank account, RhinoCentre makes an appointment for a consultation with the customer. Unless otherwise agreed with the customer, the consultation shall take place within four weeks after payment.
    6. Scope of supply:
      1. Software: Unless otherwise agreed, the customer shall receive an e-mail containing a PDF document which diplays the license key(s).
      2. Online Training: The customer gets access to a secured area of the RhinoCentre website that contains the purchased online training modules. The duration of access is limited to 91 days after the day of purchase. Access is possible with the unique RhinoCentre account with which the product was purchased.
      3. Online Consultancy: The customer receives a consultation via Skype. This also allows sharing the computer screen of RhinoCentre and/or the customer in order to clarify the customer’s question or problem and makes it possible for RhinoCentre to clarify an answer.
    7. Place of delivery:
      1. Software: The e-mail address that the customer mentions when completing the order.
      2. Online Training: The protected environment on the domain of the RhinoCentre website that is only accessible with the customer’s personal account.
      3. Online Consultancy: Is delivered in the Skype chat session.
    8. If the delivery of Software is delayed, or if an order cannot be executed or only partially, the customer will receive a notice at the latest 7 days after placing the order. In that case, the customer has the right to terminate the contract without any costs.
    9. After termination in accordance with the previous, RhinoCentre will reimburse the amount paid by the customer as soon as possible and within 7 days at the latest.

Art. 12-Payment

    1. In the web shop via Mollie
    2. Via Bank Transfer
    3. The customer has the obligation to promptly report inaccuracies in the payment information provided to RhinoCentre.

Art. 13-Complaints system

  1. RhinoCentre has an adequately publicised complaint procedure and treats the complaint in accordance with this complaint procedure.
  2. Complaints about the performance of the contract must be submitted fully and clearly to RhinoCentre by the customer within a reasonable time after the customer has detected the defects.
  3. Complaints submitted at RhinoCentre shall be answered within a period of 7 days from the date of receipt. If a complaint requires a foreseeable longer processing time, RhinoCentre replies within 7 days with a message of receipt and an indication when the customer can expect a more detailed answer.

 

 

Annex I: Template form for withdrawal

Model form for withdrawal

(Fill out and return this form only when you want to revoke the agreement)

  • To:

Gerard Petersen

RhinoCentre.nl

Wester Singel 4
8913 CK Leeuwarden
sales@rhinocentre.nl

  • I/We * inform You hereby that I/we * withdraw our agreement on selling the following products:………………….. *
  • Ordered on */received *…………..
  • Name:………………………………………
  • Address:………………………………………
  • Signature of customer (s) (only when this form is submitted on paper)

* Delete what does not apply or fill in what is applicable.

Software, training, service & support