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TERMS AND CONDITIONS

GENERAL TERMS & CONDITIONS

  1. Marine Veissiere Attorney at Law (MVAAL) is a law firm organised as a sole proprietorship registered at The Hague Chamber of Commerce under the KvK number 81076568.
  2. MVAAL is based at Lange Voorhout 12, 2514 ED The Hague, The Netherlands.
  3. MVAAL is part of the network Grotius Chambers, a law and consultancy firm composed of independent professionals and registered at The Hague Chamber of Commerce under the KvK number 72984317.
  4. Grotius Chambers can be used as trade name of the attorney Marine Veissiere (Avocat). Its logo, email account, website and other IT means can also be used by MVAAL.
  5. All instructions are accepted and carried out pursuant to a contract for professional services, retainer or letter of mission.
  6. In the event a client agreed to a retainer, contract for professional services or letter of mission outside the establishment of MVAAL or is concluded it remotely, for example by electronic means, the client has a right of withdrawal for a period of 14 (fourteen) days from the day of the conclusion of this agreement (“withdrawal period”).
  7. The provisions of articles 7:404 and 7:407 paragraph 2 of the Netherlands Civil Code, which imposes joint liability where instruction is given to two or more persons, shall not be applicable.
  8. MVAAL and its attorney(s) shall carry out any instruction with due care, to the best of their knowledge, skills, and abilities.
  9. In acting upon an instruction, MVAAL and its attorney(s) is authorised to call upon the assistance and engage the services of third parties such as other attorneys, experts, bailiffs, foreign lawyers and other Dutch or foreign service providers and advisors.
  10. If, in the context of carrying out an instruction, an event leads to the liability of one MVAAL’s attorneys, then such liability shall be limited to the amount(s) as covered by his/her professional liability insurance, including the deductible that may be carried in connection with the insurance. If, within one year upon awareness of the event having led to liability, the client has not started a claim against this attorney, he / she cannot be held liable any longer.
  11. If, in the context of carrying out an instruction, third parties have been involved, MVAAL and its attorney(s) shall not be held liable for duties performed or not performed by said third parties.
  12. Communication between attorney(s) and Client are privileged and confidential. Nevertheless, MVAAL cannot guarantee the means of communication between MVAAL and the client or third parties. Therefore, the means of communication between MVAAL or one of its attorneys and the client or third parties, including electronic correspondence (e-mails), shall be for the risk and account of the client.
  13. In respect of any instruction given by the client to MVAAL or one of its attorneys, the general conditions of the client, if any, shall not be applicable.
  14. The relationship between MVAAL or one of its attorneys and its clients shall be governed by Dutch law. Disputes which cannot be resolved amicably shall be exclusively submitted to an arbitral tribunal in The Hague, The Netherlands, as defined in the retainer agreement.
  15. MVAAL’s attorneys are bound by the rules and code of conduct of their respective professional orders and their rules apply consequently.
  16. MVAAL cannot receive third-party funds.
  17. Unless otherwise agreed, the payment term for invoices is 14 days. Invoice debtors must pay the invoiced amount in full. Payment is by bank transfer to the nominated bank account only. All bank-related fees are to be borne by the invoice debtor.
  18. MVAAL charges administrative late fees as well as statutory interest. A late fee is added to the invoice 14 days after the date the payment term expired. Statutory interest is charged from the date the payment term expired.
  19. The late fee is 15% (plus BTW) of the full amount of the invoice (including BTW) or a minimum of €40 (plus BTW). The late fee (plus BTW) is added to the full amount of the invoice (including BTW). The late fee covers administrative costs reasonably incurred. MVAAL is not required to prove that it incurred these costs.
  20. The statutory interest is 2% for non-commercial transactions and 8% for commercial transactions (the statutory interest rates published by the DeNederlandscheBank (DNB) from time to time) (1 January 2020).
  21. If the extrajudicial collection of costs is required (for example through a debt collection agency), MVAAL will seek the reimbursement of such costs (s 6:96(2)(c) Netherlands Civil Code) in accordance with the graduated scale of the Collection Costs Standards Act and the accompanying Decree (1 July 2012). The minimum reimbursement is €40; the maximum reimbursement is €6.775. MVAAL is not required to prove that it incurred these costs.
  22. If legal action against the invoice debtor is required to obtain the full payment of invoices, MVAAL will seek the reimbursement of all costs that arise from or in relation to taking such legal action, including any costs incurred as the result of engaging third parties such as lawyers, from the invoice debtor. The minimum and maximum for the reimbursement of extrajudicial collection costs do not apply.
  23. MVAAL can amend the present General Conditions without previous notice to the clients. An updated version will automatically be available online.
  24. MVAAL is submitted to the European General Data Protection Regulation 2016/679 within the limit of its consistency with the privileges of the legal profession.