General terms and conditions of Van de Ven Advocatuur en Mediation.
Van de Ven Advocatuur en Mediation (“Van de Ven AM”) is the trade name of a private limited company under Dutch law Vet Cool B.V., established in Boxmeer. It operates a law practice as lawyers and provides mediation services. Van de Ven AM is listed in the Commercial Register of the Chamber of Commerce under number 17154175.
These general terms and conditions apply to all work performed by Van de Ven AM and its associated lawyers on behalf of third parties, including follow-up assignments.
Mr M.M.C. van de Ven, who works for Van de Ven AM, is registered as a lawyer in the Netherlands with the Dutch Bar Association, Neuhuyskade 94, 2596 XM The Hague, Tel. +31 070 335 35 35.
Only Van de Ven AM will act as a contractor for assignments that Van de Ven AM carries out for its clients. Sections 404 and 404(2) of Book 7 of the Dutch Civil Code expressly do not apply to the services of Van de Ven AM.
Every liability of Van de Ven AM is limited to the amount that the insurer of Van de Ven AM pays in the relevant case, plus the amount of the excess payable by Van de Ven AM in accordance with the policy conditions. If for whatever reason, the insurer of Van de Ven AM does not pay out, its liability will be limited to the fee charged in the relevant case, subject to a maximum of € 10,000.
Without prejudice to the provisions of Section 89 of Book 6 of the Dutch Civil Code, every claim against Van de Ven AM will, in any case, expire twelve months after the loss-causing event was discovered or should reasonably have been discovered.
In connection with the legal representation provided by Van de Ven AM, a client of Van de Ven AM is obliged to pay the court fees due in the manner as indicated by Van de Ven AM. Failing timely payment, Van de Ven AM is entitled not to bring the case in respect of which the court fee will be due before the court and/or not to (or no longer) represent the client in that case. The client is aware that this can cause his claims to become irrevocably lost or that he may be ordered to pay the other party’s claims.
Van de Ven AM is entitled to engage third parties when carrying out assignments, if it deems this necessary. Van de Ven AM is not liable for any shortcomings of these third parties.
Except for claims that are the result of intent or gross negligence on the part of Van de Ven AM, the client indemnifies Van de Ven AM against all third-party claims related to the assignment.
Unless otherwise agreed, Van de Ven AM’s fee is calculated on the basis of an hourly rate set by Van de Ven AM plus VAT and a reasonable surcharge for office costs. Van de Ven AM is entitled to periodically adjust its hourly rates and the surcharge for office costs. This is also possible in the event of current contracts with consumers, provided that they were concluded with Van de Ven AM three months before the adjustment.
In principle, Van de Ven AM will charge the client the fee owed and costs incurred that are not included in its rates (such as court fees, travel expenses, bailiff’s costs, courier costs, delivery costs and interpreter and translation costs) on a monthly basis.
If Van de Ven AM has agreed with the client that an advance will be paid, Van de Ven AM is entitled to settle this advance with the final invoice.
Van de Ven AM applies a payment term of fourteen days. If the client fails to pay the invoices within this period, Van de Ven AM will be entitled to immediately suspend its activities without being obliged to compensate any resulting damage or loss.
If the client fails to object in writing to the amount of the fee charged within two months of the invoice date, or at least to the amount of the invoice in general, the invoice will become final and conclusive.
If a client who acts in the course of a profession or business does not pay the invoices in time, he will owe statutory commercial interest from the due date and Van de Ven AM will be entitled to charge extrajudicial collection costs set at 15% of the principal. If the client is a consumer and in default regarding payment of the invoices, he will owe interest of 1% per month from the due date and Van de Ven AM will be entitled to charge extrajudicial collection costs that are set at 15% of the principal.
Van de Ven AM is entitled to destroy case files after the case has ended. First enforceable authenticated copies (original court rulings) are sent to the client before that. Van de Ven AM is entitled to destroy digital case files after five years after closing a case and do so without further notice.
Pursuant to current legislation for the protection of personal data, client data can be used professionally and be processed within the framework of the execution of the assignment(s) without notification. In addition, this data will be used in new cases to check for any conflict of interest (with the client). The privacy statement of Van de Ven AM can be consulted at https://www.vandevenam.nl/privacy-statement/
The legal relationship between the client and Van de Ven AM is governed by Dutch law.
Furthermore, all contracts concluded between Van de Ven AM as the contractor and third parties are subject to the Van de Ven AM Office Complaints Procedure. This Office Complaints Procedure will be sent free of charge on request and can be consulted at https://www.vandevenam.nl/complaints procedure/
If the handling of an internal complaint does not lead to a solution, all disputes relating to the services of Van de Ven AM, including fee disputes, will be settled on the basis of the Disputes Committee for the Legal Profession Rules, without prejudice to Van de Ven AM’s right to apply to the courts if the client has not brought any dispute to the Disputes Committee within fourteen days of having been demanded to pay. If the client is a consumer, the Disputes Committee will decide by way of binding advice, unless the client, who is a consumer, applies to the court within one month of the complaint being handled by the lawyer. If the client, who is a consumer, does not deposit the outstanding amount with the Disputes Committee in accordance with the provisions of the aforesaid Rules, arbitration will apply. Disputes with business clients are settled by arbitration. The Disputes Committee for the Legal Profession Rules can be requested from the secretary of the Disputes Committee at Postbus 90600, 2509 LP The Hague.
Van de Ven AM does not have a third-party funds foundation and therefore cannot receive third-party funds.
Van de Ven AM has no replacement or observer. In cases of short absences or holidays, clients in current affairs are informed in good time and tailor-made arrangements are made. In non-current cases and for third parties, messages are sent via voicemail and the e-mail absence assistant about the absence of Van de Ven AM and the availability for emergencies. In cases of impossibility of access, for example due to serious and long-term illness or worse, mr. J.H. Hofstede, lawyer in Doetinchem (telephone: 0314-34 24 40, e-mail: hofstede@vandegevelgrootjans.nl) is willing to help clients in current cases to find a successor lawyer.
The court in ‘s-Hertogenbosch is competent if a dispute is brought before the ordinary court unless the client, who is a consumer, objects to this within one month of Van de Ven AM invoking this clause.
The Dutch wording of these terms and conditions is binding in the event of any discrepancies in the wording of the conditions in a foreign language.