Legal Notices

CONTACT DETAILS

LAW/ FIRM BV
Isabellagriend 8
6049 MC Herten
The Netherlands

T: +31 (0) 475 47 61 42
E: getanedge@law-firm.international

Trade-name: LAW/FIRM
Chamber of Commerce number: 76404528
VAT number: NL860613124B01

PROFESSIONAL ORGANIZATIONS

LAW/ FIRM is a professional law firm, subject to laws of the Netherlands and Germany. LAW/ FIRM employs attorneys that are subject to specific rules and regulations of national states.
Currently the following lawyer(s) is/are working for LAW/ FIRM: Esther Tromp.

Esther Tromp is submitted to:

- Dutch Bar Association (Nederlandse Orde van Advocaten) Neuhuyskade 94, 2596 XM Den Haag.
- Bar Association Düsseldorf (Rechtsanwaltskammer Düsseldorf) Freiligrathstraße 25, 40479 Düsseldorf.

Lawyers are bound by regulations and codes of conduct. The latest versions of these regulations are published online:

- Dutch Bar association: http://regelgeving.advocatenorde.nl/
- German Bar Association: https://www.brak.de/fuer-anwaelte/berufsrecht/

Esther Tromp has registered the following principal (and secondary) legal practice areas in the Netherlands Bar’s register of legal practice areas (rechtsgebiedenregister): company law. Based on this registration, she is required to obtain ten training credits per calendar year in each registered principal legal practice area in accordance with the standards set by the Netherlands Bar.

INSURANCE DECLARATION

LAW/FIRM’s liability insurance is hosted by AON, registered office at Paalbergweg 2-4 in Amsterdam (for The Netherlands) and Allianz registered office at Königinstraße 28, 80802 München (for Germany).

TERMS AND CONDITIONS AND GOVERNING LAW

All of LAW/FIRM’s legal relationships are subject to our general terms and conditions. You can download our General Conditions here.

DISPUTE RESOLUTION

In case of dissatisfaction about LAW/FIRM’s services, you have the following options:

- You can submit your complaint in the first place to your own lawyer.
- In the second place, you can contact the designated complaints officer: the management board of LAW/FIRM.

LAW/FIRM aims to find a solution to the complaint that has arisen and to give your complaint in any event sufficient consideration and to take a position regarding your complaint within 4 weeks.

You can download our Complaints Handling Scheme here.

NO TRUST, ANTI-MONEY LAUNDERING, TRANSPARANCY

LAW/FIRM does not have a trust-account and therefore cannot and will not receive third-party funds. In the light of anti-money laundering and transparency, LAW/FIRM is not willing to accept funds that are not directly received from the respective mandating clients and it will, in no situation, be willing to receive any payment other than via ordinary wire transfer.

General Conditions

ARTICLE 1
ENGAGEMENTS

Only LAW/FIRM shall be the Service Provider [Opdrachtnemer] of the Client [Opdrachtgever]. Sections 7:404 and 7:407(2) of the Dutch Civil Code [Burgerlijk wetboek] shall not apply. LAW/FIRM shall perform the engagement awarded to it exclusively for the benefit of the Client. No third party may derive LAW/FIRM rights whatsoever from the manner in which the engagement is performed or from its results. The Client shall indemnify LAW/FIRM against any claims relating to or ensuing from the work LAW/FIRM performs for the benefit of the Client.

ARTICLE 2
FEES AND EXPENSES

LAW/FIRM shall periodically send the Client an invoice for fees, office expenses, and out-of-pocket expenses. Unless expressly agreed otherwise, the fee shall be based on the hourly rate applicable at that time. The lawyers' hourly rates shall vary based on the level of experience of the lawyers handling the matter. An hourly rate may be increased by a factor of 1.25 in cases involving a stake of more than EUR 500,000. LAW/FIRM shall be entitled to adjust its applicable rates periodically. The new rates shall also apply to ongoing cases from the date on which the new rates are established. Office expenses will be charged at a fixed percentage of 5% of the fee. Out-of-pocket expenses, such as bailiffs' fees, court fees, fees for extracts, and costs relating to engaging third parties, such as LAW/FIRM of record in other jurisdictions, are expressly excluded from the scope of office expenses and will be invoiced separately. LAW/FIRM shall always be entitled to request an advance payment for the work to be performed and the costs to be incurred. Such advance payments will be settled during or at the end of the engagement.

ARTICLE 3
PAYMENT

Invoices must be paid within 14 days of the invoice date. If payment is not made within this term, the client shall be in default by operation of law. In that case, LAW/FIRM may claim statutory commercial interest and reimbursement of any extrajudicial collection costs incurred. The extrajudicial collection costs are calculated for private clients on the basis of 'Besluit vergoeding voor buitengerechtelijke incassokosten' (Decree on compensation for extrajudicial collection costs). In all other cases, the collection costs amount to 15% of the outstanding invoices with a minimum of EUR 150. If a party other than the Client, the debtor, is ultimately responsible for bearing the costs of the invoice, the Client shall remain jointly and severally liable for paying the invoice.

ARTICLE 4
ENGAGEMENT OF THIRD PARTIES

In the context of performing engagements, LAW/FIRM shall be authorised to engage the services of third parties on the Client's behalf and at the Client's expense. In this respect, LAW/FIRM shall be considered as having been authorised by the Client to accept any limitations and/or exclusions of liability on behalf of the Client. LAW/FIRM shall not be liable for any defects in the performance of said third parties. If and when necessary, LAW/FIRM may, if so requested, transfer to the Client any claims it may have against third parties.

ARTICLE 5
LIABILITY AND LAPSE

Any liability on the part of LAW/FIRM shall be limited to the amount covered by its liability insurer in the relevant case, plus the amount of the excess applicable to that policy. If, for whatever reason, the liability insurer denies a benefit claim, LAW/FIRM liability in each instance shall be limited to the amount of fee charged in the relevant case, plus an amount of EUR 50,000, with the total amount being limited to EUR 100,000. Liability for advice rendered orally but not committed to writing is expressly excluded. Liability for damage that occurs as a result of loss of data, security leaks, temporary or permanent non-availability of any digital access of the client to case files or other incidents caused by the use of digital equipment is excluded entirely, except in so far as the damage has been caused by an intentional act or omission or willful recklessness on the part of LAW/FIRM or its employees or managing employees. Without prejudice to the provisions of Section 6:89 Dutch Civil Code, any right of claim shall lapse 12 months after the creation of the liability issue could reasonably be expected to have been known, or (if that date cannot be established) 2 years after the date of the last invoice. The provisions of this article shall also apply to the Client if a third party claims damages in connection with services that LAW/FIRM rendered to the Client. Every claim for compensation vis-a-vis employees, lawyers, directors of professional companies of shareholders and other entities or legal entities who are involved on behalf of LAW/FIRM in the performance of the assignment, is excluded. This is a third-party clause, which the above persons may invoke at all times.

ARTICLE 6
PERSONAL DATA

LAW/FIRM will process the Client's personal data in the context of performing the engagement(s) awarded by the Client. On the basis of legislation applicable to LAW/FIRM, LAW/FIRM will be obliged to ascertain the identity of the Client and to verify it in certain cases. By awarding the engagement, the Client shall be deemed as having consented to the provisions of this article. The client confirms to be aware and accepts that the management of the client's digital access to files and other documents and storage of digital files of LAW/FIRM in general are outsourced to selected processors, who will store the files in data centers in the EU or in other countries, provided that an equivalent level of security as in the EU is guaranteed. These processors guarantee the security of personal data with due observance of appropriate technical and organizational security measures. LAW/FIRM has concluded processor agreements with these processors as referred to in the General Data Protection Regulation [Algemene Verordening Gegevensbescherming] and will send a copy of such to the client at its first request. LAW/FIRM will not retain the personal data for longer than strictly necessary, or longer only on the basis of a statutory obligation, if such applies.

ARTICLE 7
MISCELLANEOUS

LAW/FIRM shall store and retain a file for 10 years after the last invoice is sent. After this retention period has expired, the entire file will be destroyed and, therefore, no documents from that file may be requested from LAW/FIRM. These general conditions shall also apply to any additional and/or follow-up engagements awarded by the Client. The general conditions have been drafted in the Dutch, English, and German languages. In the case of a difference of interpretation, the Dutch text shall prevail. The clauses in these general conditions shall be considered to have been drafted partly for the benefit of all of the practice companies-shareholders and all of the lawyers and employees working for LAW/FIRM as well as all persons who are engaged by LAW/FIRM during its performance.

ARTICLE 8
APPLICABLE LAW AND DISPUTE RESOLUTION

The legal relationship between LAW/FIRM and Client shall be governed by Dutch law. The Roermond branch of the Limburg District Court shall have exclusive jurisdiction to hear disputes between LAW/FIRM and the Client, unless another court is designated by mandatory law. If LAW/FIRM is the claimant in proceedings, it shall be entitled to submit the dispute to the competent court in the Client's city or town of residence.

You can download our General Conditions here.

Privacy & Cookie Statement

PRIVACY

LAW/FIRM BV (“LAW/FIRM”) respects and values your privacy and therefore handle your personal data in strict confidence. This privacy and cookie policy explains which personal data LAW/FIRM processes and for what purpose.

SCOPE AND ACCEPTANCE

By using our websites and related services, LAW/FIRM informs you that LAW/FIRM can collect, use disclose and store personal data as described in this Privacy Policy.

This Privacy and Cookie Policy is applicable to all parts of websites managed by LAW/FIRM including the following websites:

www.law-firm.international

HOW DOES LAW/FIRM COLLECT DATA?

LAW/FIRM collects personal data:

- When you subscribe for newsletters of if you sign up for a seminar
- When you visit (one of) LAW/FIRM’s website(s)
- When u make use of LAW/FIRM’s (legal) services
- When you respond to a vacancy and send your CV

TYPES OF DATA LAW/FIRM COLLECTS

LAW/FIRM collects the following data:

AUTOMATICALLY COLLECTED DATA

When visiting LAW/FIRM’s websites, LAW/FIRM automatically collects personal data provided by your computer, mobile device or other device that gives access to the website(s). this data may be collected using cookies. For more information, please read the cookies-section below. The collected information consists of browser information, duration of the visit, webs pages visited, hyperlinks selected, geographical information and information based on IP-address and about the connection such as IP-address.

PERSONAL DATA EXPLICITLY PROVIDED

In the course of providing our services, the following data might explicitly be provided: (company) name, address, postal code, gender, place of residence, country, (mobile) phone number, date of birth, email address, financial data, identity data, language preferences, other information.

There personal data are processed on the following legal grounds: Marketing purposes, Improving and optimizing our services, conduct disputes, secure and manage our systems, compliance with legal obligations (if necessary), or on basis of unambiguous consent.

The personal data may be shared with third parties in accordance with this Privacy Policy and relevant legislation and regulations. Personal data are solely disclosed in case LAW/FIRM uses services of third parties to process personal data. In such case third parties act as a processor of LAW/FIRM. The personal data will be transferred to secure servers within the EU. LAW/FIRM has signed processing agreements with these processors in accordance with European privacy regulations.

Personal information will furthermore not be disclosed to third parties, except if this is necessary to fulfil LAW/FIRM’s contractual obligations towards you, including initiating and conducting legal proceedings, if LAW/FIRM is granted explicit and specified permission to do so.

Disclosure of personal data might also take place if this is necessary in order to comply with applicable legislation, statutory procedures or requests from governmental authorities or if statutory obligations require LAW/FIRM to do so.

RETENTION OF PERSONAL DATA

LAW/FIRM will not retain your personal data for longer than necessary to fulfil the purposes of processing such data, unless there is a statutory obligation to retain such personal data for a longer period.

SECURING PERSONAL DATA

LAW/FIRM will take all reasonable organisational and technical measures to help securing personal data and to help preventing loss, misuse or modifications.

RIGHTS OF DATA SUBJECTS

You have the right to request LAW/FIRM to obtain confirmation as to whether or not personal data concerning you is being processed. Upon your request, LAW/FIRM will inform you in writing whether LAW/FIRM is processing your personal data and for which purposes well as the names of third parties with whom the data are being shared. When making your request, you must identify yourself by means of a copy of your identity document.

If you subsequently believe that LAW/FIRM has inaccurate, incomplete, out-of-date personal data about you, if you suspect that LAW/FIRM incorrectly processed your personal data, or if you would like to have your personal data in LAW/FIRM’s systems deleted if those data are no longer necessary for the purposes for which they were processed, in case the permission is withdrawn or in any other case of motivated objection, you may ask LAW/FIRM at any time to correct, supplement or delete that information. You may also request LAW/FIRM to restrict the processing of your personal data, as well as request LAW/FIRM to transfer your personal data to another controller. Objections and access requests, correction, deletion or transfer will be executed, in accordance with the law, subject to available legal exceptions, within four weeks. Furthermore, you can request to restrict your data. You may submit your request to privacy@firm-ware.international. Please make sure you include as much information as you can. LAW/FIRM will make every effort to resolve disputes. If you are not satisfied with the outcome, you may contact the Dutch Data Protection Authority (‘DPA’) (Autoriteit Persoonsgegevens) and file a complaint.

COOKIES

LAW/FIRM uses cookies. Cookies are small text files that are stored by your browser or smart device when you visit LAW/FIRM’s website(s). The information stored therein can be sent back to our server on a subsequent visit.

LAW/FIRM uses the following cookies:

- Functional cookies: cookies to ensure that the website runs properly, to improve the website’s usability and to enhance the experience on the website;
- Session cookies: these cookies are used to see which parts of the websites you have viewed with your visit
- Analytical cookies: analytical cookies are designed to collect statistics about the use of the website by visitors
- Tracking cookies: these cookies are used to identify an internet user on a website. By using such cookies, website pages can record the visits and allows the user to derive preferences and interests
- Social media cookies: social media buttons on LAW/FIRM’s website(s) contain links to specific social media pages and when using such buttons, cookies are places trough this code without LAW/FIRM having any influence on this.

Most browsers allow users to reject all cookies. Below you will find an overview of browsers and the corresponding manual to reject cookies. The rejection of cookies may result in a non-functioning website.

MODIFICATIONS

LAW/FIRM reserves the right to modify this Privacy and cookie policy from time to time by placing a new version on LAW/FIRM’s website(s).

Complaints Handling Scheme

ARTICLE 1
DEFINITIONS

In this complaints handling scheme, the following terms will have the meanings assigned to them below:

- Complaint: every written expression of dissatisfaction from or on behalf of a client with respect to the lawyer or the persons working under his or her responsibility regarding the conclusion and implementation of a contract for services, the quality of the services or the level of the fee statement, not being a complaint as referred to in paragraph 4 of the Dutch Counsel Act (Advocatenwet);
- Complainant: the client or his or her representative who has made a complaint known;
- Complaints officer: the lawyer who is charged with dealing with a complaint;

ARTICLE 2
SCOPE OF APPLICATION

1. This complaint handling scheme will apply to every contract for service between LAW/FIRM and the client;
2. Every LAW/FIRM lawyer will ensure that complaints are dealt with in accordance with the complaints handling scheme;

ARTICLE 3
OBJECTIVES

The objectives of this complaints handling scheme are:

1. Laying down a procedure for handling complaints of clients in a constructive manner and within a reasonable period;
2. Laying down a procedure to determine the causes of complaints from clients;
3. Maintaining and improving existing relationships by means of an effective complaints handling scheme;
4. Training staff to respond to complaints in a client-oriented manner;
5. Guaranteeing and improving the quality of services by dealing with and analysing complaints;

ARTICLE 4
PROVIDING INFORMATION AT COMMENCING SERVICE PROVISION

1. This complaints handling scheme has been made public. When entering into an agreement for provision of services, the lawyer will inform the client that LAW/FIRM has a complaints handling scheme and that this scheme applies to any provision of the services;
2. LAW/FIRM has mentioned in her engagement letter and/or general conditions which independent party or institution a complaint that has not been resolved can be filed in order to obtain a binding decision;
3. Complaints as referred to in article 1 of this complaints handling scheme that cannot be solved after being dealt with may be submitted to the competent district court.

ARTICLE 5
INTERNAL COMPLAINTS PROCEDURE

1. If a client submits a complaint to the firm, the complaint will be passed on to the board of directors, that operates as complaints officer;
2. The complaints officer will inform the person against whom the complaint is directed and will give the complainant and subsequently the person against whom the complaint is being made the opportunity to explain or to respond;
3. The person against whom the complaint is being made will attempt as far as possible to arrive at a solution with the client, whether or not following the intervention of the complaints officer;
4. The complaints officer will handle the complaint within four weeks after receipt of the complaint or, of that is not possible, a statement giving the reason why this term is being deviated from and indicating the period within which a detailed response will be given.
5. The complaint officer will inform the complainant and the person against whom the complaint is being made about the validity of the complaint, whether or not accompanied by recommendations.
6. If the complaint has been dealt with satisfactory, the complainant, the complaint office rand the person against whom the complaint is being made will sign the judgment about the validity of the complaint.

ARTICLE 6
CONFIDENTIALITY AND FREE COMPLAINTS HANDLING

1. The complaints office rand the person against whom the complaint is directed will observe confidentiality when handling the complaint;
2. The complainant will not owe any fee to cover the costs of dealing with the complaint.

ARTICLE 7
RESPONSIBILITIES

1. The complaints officer will be responsible for the proper and timely handling of the complaint.
2. The person against whom the complaint is directed will keep the complaints officer informed of any contacts and a possible solution.
3. The complaints officer will keep the complainant informed regarding the handling of the complaint.
4. The complaints officer will keep a complaint file.

ARTICLE 8
COMPLAINT REGISTRATION

1. The complaints officer will register the complaint and the subject of the complaint.
2. A complaint may involve several subjects.
3. The complaints officer will report periodically about the handling of complaints and will make recommendations where necessary to prevent new complaints, as well as to improve procedures or services.
4. At least once a year the reports and recommendations will be discussed and passed forward for decision-making.