GENERAL TERMS AND CONDITIONS

 
 

  1. These general terms and conditions apply to all activities performed by or on behalf of Van Drunen De Birk Advocaten B.V. ("VDDB"). VDDB is a private limited company whose registered office is in Amsterdam and listed in the Chamber of Commerce register under number 51709260. Any general or specific conditions of the commissioning party are explicitly not applicable. 

  2. All assignments will be accepted and carried out only by VDDB, even if the explicit or unspoken intention of the commissioning party is that an assignment will be carried out by a specific person. Articles 7:404 and 7:407 para. 2 of the Dutch Civil Code do not apply. Cases given shall be carried out solely on behalf of the commissioning party. Third parties cannot derive any rights based on the assignment or activities carried out in fulfilling it. 

  3. Every liability of VDDB is limited to the sum to which it is entitled based on the professional liability insurance it has taken out in relation to the situation concerned, increased by the personal excess of VDDB according to the applicable policy conditions. This limitation of liability is applicable regardless whether the liability is based on an agreement, act (such as a wrongful act) or any other legal ground. 

  4. If for whatsoever reason no payment takes place under the above-mentioned insurance, then every liability of VDDB is limited to the sum received by VDDB in the form of a fee in connection with the assignment involved, up to a cumulated maximum of € 10,000 and regardless of the basis for liability. 

  5. The commissioning party is only entitled to claim from VDDB up and until the maximum amount mentioned in article 3 and 4 of these general terms and conditions. Any liability whatsoever of any (former) directors or employees of VDDB is explicitly excluded. If and insofar necessary, the commission party forfeits his rights in advance to any and all rights and claims against any of the aforesaid person(s), also on behalf of any third party. 

  6. When carrying out assignments, VDDB is competent to call upon third parties and to accept, on behalf of the commissioning party, the liability restrictions used by these third parties. They will do this with due care and meticulousness. VDDB is not liable for any (damage that results from any) shortcoming or error on the part of a third party they engaged. 

  7. VDDB has a firm complaints regulations (klachtregeling) to its disposal. A copy thereof can be found on https://uk.vddb.nl/.

  8. Notwithstanding article 6:89 of the Dutch Civil Code, the commissioning party cannot invoke any claim related to a default (toerekenbare tekortkoming) by VDDB if he did not object within 60 days following the date he learned, or should have learned, about the default. In any event, any claim against VDDB is void after a period of 12 months following the date on which the commissioning party learned, or should have learned, about a potential claim, damages or a potential liability by VDDB. 

  9. The commissioning party indemnifies VDDB and any person that is connected to it, and shall compensate VDDB and any person that is connected to it, for any and all claims and actions by a third party with regard to any services VDDB rendered for the commissioning party, unless there is a situation of intent or intended recklessness (opzet of bewuste roekeloosheid) by VDDB. This indemnification also covers the costs for legal assistance that VDDB shall make. 

  10. Notwithstanding articles 2, 4, 5, 9 and all other articles of these general terms and conditions that aim to invoke rights for any person connected to VDDB, are also intended as irrevocable third-party beneficiary clauses (derdenbedingen) in favour of any person connected to VDDB as mentioned in article 6:253 para. 4 of the Dutch Civil Code. Therefore, any such person may invoke these general terms and conditions, including the exclusion or limitation of liability. 

  11. The commissioning party shall, in principle, be invoiced monthly for activities carried out by VDDB. VDDB can request an (interim) advance and suspend execution of the assignment as long as the advance has not been paid. VDDB's invoices should be paid, without suspension or set off, within 14 days of the invoice date. In the absence of timely payment, the commissioning party is automatically in default and is liable to pay the statutory commercial interest described in article 6:119a in conjunction with article 6:120 para. 2 of the Dutch Civil Code. If payment is not made after the first reminder, the commissioning party is liable to pay 15% collection costs over the principal sum. Furthermore, all costs that VDDB incurs in obtaining payment are at the expense of the commissioning party, including but not limited to extrajudicial costs, the costs of expert assistance and internal company costs due to time taken. VDDB does not have a trust account (stichting derdengelden) and therefore is unable to receive any client's funds. 

  12. VDDB is controller (verantwoordelijke) in relation to processing personal data related to its services rendered. VDDB controls personal data in compliance with its privacy statement. 

  13. VDDB is entitled to unilaterally amend these general terms and conditions during the engagement. The (amended) general terms and conditions are applicable to any ongoing and subsequent engagement. All legal relationships between VDDB and the commissioning party are subject to Dutch law. Any and all disputes shall exclusively have to be brought before the competent court of Amsterdam. 

These general terms and conditions are both in Dutch and English. In the event of any discrepancy between the Dutch and English versions, the Dutch version shall prevail.