General terms of the partnership De Voort Advocaten | Mediators, registered in Tilburg
- These Terms and Conditions shall apply if you grant an engagement to – or use the services of – De Voort Advocaten | Mediators (“De Voort”). De Voort is a partnership with registered office at Tilburg, listed in the trade register under number 50810952; the partnership consists also of limited companies. A list of partners will be sent upon request and is also available for perusal at De Voort.
- In accordance with article 6:253 BW (Dutch Civil Code) these Terms and Conditions may be invoked by any ‘persons associated with De Voort’, which are understood to include: natural persons as well as legal entities, including partners, that are or have been active for or on behalf of De Voort, whether in employment or otherwise, the foundation ‘Stichting Beheer Derden Gelden De Voort’ (third party account) and any of their (indirect) directors, shareholders and (legal) successors by universal title
- All your engagements are accepted and performed only by De Voort, also in case it is the express or implied intention that an engagement is performed by a specific person associated with De Voort. The articles 7:404 and 7:407 paragraph 2 BW do not apply.
- De Voort is insured against damage caused during or by the performance of services by means of a professional liability insurance of Allianz Benelux N.V. of Rotterdam for an amount of up to € 5.000.000 per event and a maximum amount of € 10.000.000 per year. Any liability of De Voort is limited to the amount of the payment made by its insurance, increased by the deductible that applies. Persons associated with De Voort are in no case liable.
If in any case the insurance does not provide cover or does not make payment the liability of De Voort is limited to a maximum amount of € 25.000 per event or connected series of events.
- All your claims against De Voort will become time-barred one year after the day at which you have become or reasonably should have become aware of the existence of the damage concerned and De Voort as a possibly liable party, unless the claim lapses or expires sooner pursuant to applicable law.
- De Voort and Stichting Beheer Derden Gelden De Voort (“the Foundation”) may, as part of the performance of services, retain funds on behalf of clients or third parties. De Voort and the Foundation will deposit these funds with a bank of their choice. De Voort and the Foundation are not liable in case that bank would not fulfil its obligations.
- De Voort may engage third parties, such as bailiffs, on the terms stipulated by those third parties, costs to be borne by you. De Voort may accept these terms, including any limitations of liability, on behalf of you. De Voort is not liable for failure on the part of those third parties
- De Voort will perform its services for you and on your behalf only. Third parties cannot derive any rights from the content of services performed.
- Pursuant to applicable legislation including the ‘Wet ter voorkoming van witwassen en financieren van terrorisme’ (Dutch Money Laundering and Terrorist Financing (Prevention) Act), the obligations of De Voort include the verification of the identity of its clients, inspection whether unusual transactions have been intended or carried out and, if that is the case, to notify the proper authorities without informing its clients of this.
- You shall indemnify De Voort and persons associated with De Voort from and against any claims of third parties including (legal) entities affiliated to you, for which the liability toward you has been limited or excluded in these Terms and Conditions. This indemnification also includes any costs in connection with such claims and liabilities.
- The legal relationship between you and De Voort is governed by Dutch law exclusively. Further, in accordance with article 6.28 of the ‘Verordening op de advocatuur’ (Legal Profession Bye-Law), your legal relationship with De Voort is subject to the complaints procedure of our firm. You may submit any complaints through email@example.com. In case the complaints procedure does not offer a solution and incidentally, in case of any dispute, only Dutch courts of law have jurisdiction. The court of Breda is the competent court exclusively, except if article 93 Rv (Dutch Code of Civil Procedure) applies.