Entrepeneur – RhinoCentre!!!!!!!!!!!!!!!!!!!!!!!!!
By accepting the terms and conditions, you acknowledge its content.
Terms and conditions of RhinoCentre for customers concerning a distance selling transaction.
Art. 1 – Definitions
Art. 2 – The Entrepreneur’s identity
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 – Entrepreneur’s obligation in case of withdrawal
Art. 10 – The price
Art. 11 – Delivery and execution
Art. 12 – Payment
Art. 13 – Complaints procedure
Article 1 – Definitions
In these Terms and Conditions, the following terms shall have the following meanings:
- 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 the Entrepreneur or a third party on the basis of an arrangement between this third party and the Entrepreneur;
- Continuing performance contract: a contract serving to deliver goods, services and/or digital content in a given period;
- the consumer as a natural person;
- the other party as a natural person who does act for purposes related to his/her commercial, trade, craft or professional activities;
- Day: calendar day;
- Digital content: data produced and delivered in digital form;
- Distance contract: a contract concluded by the Entrepreneur 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;
- Reflection period: the period during which the Customer may use his right of withdrawal;
- RhinoCentre: is represented by Gerard Petersen (registered as sole proprietorship), the natural or legal person who provides products, (access to) digital content and or services to the Customer at a distance;
- Right of withdrawal: the Customer’s option not to proceed with the distance agreement within the cooling-off period;
- Standard form for withdrawal: the European standard form for withdrawal included in Appendix
- Sustainable data carrier: any means, including email, that allow the Customer or the Entrepreneur 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.
- Technology for distance communication: a means to be used for concluding an agreement without the Customer and the Entrepreneur being together in the same place at the same time.
Article 2 – The Entrepreneur’s identity
Gerard Petersen | RhinoCentre.nl
8913 CK Leeuwarden
Phone: +31(0)58 2131855 (available from Monday to Friday, from 9.00-17.00 hour)
Chamber of Commerce number: 3414856 (registered as sole proprietorship with RhinoCentre as a trade mark)
VAT/BTW number: NL108085740B01
Article 3 – Applicability
- These General Terms and Conditions apply to any offer from the Entrepreneur and to any distance contract concluded by the Entrepreneur and the Customer.
- Before concluding a distance contract, the Entrepreneur shall make the text of these General Terms and Conditions available free of charge and as soon as possible. If this is reasonably impossible, the Entrepreneur 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.
- 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;
- 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.
Article 4 – The offer
- If an offer is of limited duration or if certain conditions apply, it shall be explicitly stated in the offer.
- The offer is without obligations. RhinoCentre is allowed to change and adjust the offer
- 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 the Entrepreneur 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 the Entrepreneur.
- All offers contain such information that it is clear to the Customer what rights and obligations are attached to accepting the offer.
Article 5 – The contract
- Subject to the provisions in paragraph 4, the contract becomes valid when the Customer has accepted the offer and fulfilled the terms and conditions set.
- If the Customer accepted the offer via electronic means, the Entrepreneur shall 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.
- If the contract is concluded electronically, the Entrepreneur 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, the Entrepreneur shall observe appropriate security measures.
- The Entrepreneur 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, the Entrepreneur 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.
- Before delivering the product, the Entrepreneur 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:
- the phone number and/or the e-mail address of the entrepeneur where the Customer may get into contact with any complaints;
- 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;
- 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;
- the standard form for withdrawal if the Customer has the right of withdrawal.
Article 6 – Right of withdrawal
This applies to the following product groups: Software and Online Training
- The Customer can repudiate a purchase contract for a product without giving reasons for a period of reflection of at least 14 days. The Entrepreneur may ask the Customer about the reason for the withdrawal but cannot force him to state his reason(s).
- 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. The Entrepreneur 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.
- 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:
- In-Company training (zie hiervoor onze trainingsvoorwaarden of vraag deze aan).
- Open training (zie hiervoor onze trainingsvoorwaarden of vraag deze aan).
Article 7 – Customer’s obligations during the time of reflection
- During this period, the Customer shall handle the product and the packaging with care. The Customer shall only unpack or use the product to the extent necessary for establishing the nature, the characteristics and the effect of the product. The guiding principle is that the Customer may only handle and inspect the product in the manner in which one is allowed to handle a product in a shop.
- The Customer is only liable for the decrease in value of the product that is caused by the way of handling the product which went further than allowed in sub-section 1.
- The Customer is not liable for the decrease in value of the product if the Entrepreneur has not provided him with all legal information about the right of withdrawal before concluding the Agreement.
Article 8 – Exercising the Customer’s right of withdrawal and the costs
- If the Customer exercises his right of withdrawal he shall notify the Entrepreneur unambiguously with the standard form for withdrawal within the period of reflection.
- The Customer shall return the product or deliver it to (the authorized representative of) the Entrepreneur as soon as possible but within 14 days counting from the day following the notification referred to in sub-clause 1.
- The Customer shall return the product with all delivered accessories and if reasonably possible in the original state and packing and in conformity with reasonable and clear instructions given by the Entrepreneur.
- The risk and the burden of proof for the correct and timely exercise of the right of withdrawal fall on the Customer.
- The Customer shall bear the direct costs of returning the product. If the Entrepreneur has not reported that the Customer has to bear these costs or if the Entrepreneur pointed out that he will bear the costs himself, the Customer need not pay the cost of returning the product.
- If the Customer exercises his right of withdrawal, all additional agreements end by operation of law.
Article 9 – Entrepreneur’s obligations in case of withdrawal
- If the Entrepreneur makes the notification of withdrawal by electronic means possible, he shall promptly send a return receipt.
- The Entrepreneur shall reimburse all payments made by the Customer, including any delivery costs that the Customer may charge for the returned product, as soon as possible but within 14 days following the day on which the Customer notified him of the withdrawal. The Entrepreneur can wait with paying back until having received the product.
- If the Customer opted for a more expensive method of delivery instead of the cheapest standard delivery, the Entrepreneur need not reimburse the additional costs for the more expensive method.
Article 10 – The price
- The prices of the products and/or services on the website are fixed, unless the customer purchases larger amounts and the Entrepeneur agrees with a discount on the sales price.
- All prices on the website are excluding VAT/BTW reasons for this are:
- Most of our sales revenue is ‘business to business’;
- Some products are sold to countries outside the Netherlands within the European Union (EU). In that case, customers with a business are able to purchase without paying BTW/VAT when a valid Tax number is registered in the checkout area. These customers have to pay the BTW/VAT in their own country;
- Some products are sold outside the European Union (EU) in other parts in the world. In that case no BTW/VAT needs to be charged;
- Unless it is agreed differently in advance, RhinoCentre never charges shipping costs.
Article 11 – Delivery and execution
- The Entrepreneur shall exercise the best possible care when booking orders and executing product orders and when assessing requests for the provision of services.
- The place of delivery is at the address given by the Customer to the Entrepreneur.
- With due observance of the stipulations in Article 4 of these General Terms and Conditions, the Entrepreneur shall execute accepted orders with convenient speed but at least within 7 days, unless another delivery period was agreed on. If the delivery has been delayed, or if an order cannot be filled or can be filled only partially, the Customer shall be informed about this within 7 days after ordering. In such cases, the Customer is entitled to repudiate the contract free of charge and with the right to possible compensation.
- After repudiation in conformity with the preceding paragraph, the Entrepreneur shall return the payment made by the Customer promptly but at least within 7 days after repudiation.
- The risk of loss and/or damage to products will be borne by the Entrepreneur until the time of delivery to the Customer or a representative appointed in advance and made known to the Customer, unless explicitly agreed otherwise.
Article 12 – Payment
- Unless otherwise stipulated in the agreement or in the additional conditions, the amounts to be paid by the Customer must be settled within 14 days after the period of reflection, or if there is no period of reflection within 14 days after concluding the agreement. In case of an agreement to provide a service, this period starts on the day that the Customer received the confirmation of the agreement.
- When selling products to Customers, it is not permitted to negotiate an advance payment of more than 50% in the General Terms and Conditions. If an advance payment was agreed, the Customer may not assert any right regarding the execution of the order in question or the service(s) in question before making the agreed advance payment.
- The Customer has the duty to inform the Entrepreneur promptly of possible inaccuracies in the payment details that were given or specified.
- In case the Customer has not complied with his payment obligation(s) in time, and the Entrepreneur has pointed out to him that the payment was late and allowed the Customer a period of 14 days to comply with the payment obligations, the Customer is to pay the statutory interest on the amount payable and the Entrepreneur is entitled to charge the Customer with any extrajudicial collection costs. These extrajudicial collection costs amount to no more than 15% for outstanding amounts up to € 2,500, 10% for the following € 2,500 and 5% for the following € 5000, with a minimum of € 40. The Entrepreneur may deviate from the aforementioned amounts and percentages in favour of the Customer.
Art. 12 – Betaling
- Voor zover niet anders is bepaald in de overeenkomst of aanvullende voorwaarden, dienen de door de consument verschuldigde bedragen te worden voldaan via iDeal, tenzij anders is overeengekomen.
- De consument heeft de plicht om onjuistheden in verstrekte of vermelde betaalgegevens onverwijld aan de ondernemer te melden.
Art. 13 – Klachtenregeling
- De ondernemer beschikt over een voldoende bekend gemaakte klachtenprocedure en behandelt de klacht overeenkomstig deze klachtenprocedure.
- Klachten over de uitvoering van de overeenkomst moeten binnen bekwame tijd nadat de consument de gebreken heeft geconstateerd, volledig en duidelijk omschreven worden ingediend bij de ondernemer.
- Bij de ondernemer ingediende klachten worden binnen een termijn van 7 dagen gerekend vanaf de datum van ontvangst beantwoord. Als een klacht een voorzienbaar langere verwerkingstijd vraagt, wordt door de ondernemer binnen de termijn van 7 dagen geantwoord met een bericht van ontvangst en een indicatie wanneer de consument een meer uitvoerig antwoord kan verwachten.
Bijlage I: Modelformulier voor herroeping
Modelformulier voor herroeping
(dit formulier alleen invullen en terugzenden wanneer u de overeenkomst wilt herroepen)
- Aan: RhinoCentre.nl
8913 CK Leeuwarden
- Ik/Wij* deel/delen* u hierbij mede, dat ik/wij* onze overeenkomst betreffende
de verkoop van de volgende producten: …………………..*
- Besteld op*/ontvangen op* …………..
- Naam: ………………………………………
- Adres: ………………………………………
- Handtekening consument(en) (alleen wanneer dit formulier op papier wordt ingediend)
* Doorhalen wat niet van toepassing is of invullen wat van toepassing is.