Nederlands

General Terms and Conditions

  1. Van Rijckevorsel Mencke B.V. ("Van Rijckevorsel Mencke") is a private limited liability company (besloten vennootschap met beperkte aansprakelijkheid) established under Dutch law for the purpose of exercising the legal profession. Van Rijckevorsel Mencke has its official seat in Amsterdam and is registered with the trade register (Handelsregister) of the Chamber of Commerce (Kamer van Koophandel) in the Netherlands under number 73405825.
  2. These General Terms and Conditions apply to any instructions given to Van Rijckevorsel Mencke and to all legal relationships arising therefrom. The applicability of any of the client’s general or other terms and conditions is explicitly rejected.
  3. All instructions will be deemed to have been given to, accepted by and carried out by Van Rijckevorsel Mencke exclusively, even if the intention is for instructions to be executed by one or more specific person(s) affiliated with Van Rijckevorsel Mencke. The effect of Articles 7:404, 7:407(2) and 7:409 of the Dutch Civil Code is excluded. In these General Terms and Conditions, "persons affiliated with Van Rijckevorsel Mencke" means any legal or natural person that is or has been employed by or on behalf of Van Rijckevorsel Mencke or one of its group companies, as an employee or otherwise.
  4. These General Terms and Conditions apply in full to all persons affiliated with Van Rijckevorsel Mencke and all third parties engaged by Van Rijckevorsel Mencke for the execution of any instructions, or that can or could be held liable in relation thereto. All that is stipulated in these General Terms and Conditions for the benefit of Van Rijckevorsel Mencke applies to them as an irrevocable and gratuitously made third-party clause within the meaning of Article 6:253 of the Dutch Civil Code.
  5. The client indemnifies Van Rijckevorsel Mencke and all persons affiliated with Van Rijckevorsel Mencke for the consequences of claims by third parties arising from or related to the execution of instructions, including any costs of legal support, unless the claim is a result of a professional error on the part of Van Rijckevorsel Mencke.
  6. Under current legislation Van Rijckevorsel Mencke must – among other things – verify the client's identity, establish whether any unusual transactions have been made or are planned and, when necessary, notify the relevant authorities of such activities without informing the client. The client confirms it is aware of, and agrees to, the foregoing and that it will provide all required information.
  7. If Van Rijckevorsel Mencke processes personal data, whether or not in relation to the execution of instructions, this processing will be done in accordance with Van Rijckevorsel Mencke's privacy policy. This policy can be viewed at www.vanrijckevorselmencke.com.
  8. Van Rijckevorsel Mencke may engage third parties for the execution of instructions. If Van Rijckevorsel Mencke engages a third party, Van Rijckevorsel Mencke is not liable towards the client for any mistakes made by this third party. Van Rijckevorsel Mencke may accept stipulations restricting liability used by such third parties on behalf of the client as well.
  9. The client agrees that Van Rijckevorsel Mencke may use digital means of communication and data storage services, whether or not offered by third parties, for the purpose of communication. Van Rijckevorsel Mencke cannot be held liable for damage or loss ensuing from the use of such services.
  10. Van Rijckevorsel Mencke does not have an escrow foundation (Stichting Beheer Derdengelden).
  11. Unless agreed otherwise, the fee owed to Van Rijckevorsel Mencke will be calculated on the basis of the hours spent executing the instructions, multiplied by Van Rijckevorsel Mencke's rates, which will be adjusted from time to time. Additional costs incurred in relation to the instructions will be charged separately.
  12. The applicable VAT and other compulsory taxes, surcharges and similar increases will be added to all amounts charged by Van Rijckevorsel Mencke. Invoices must be paid within 15 days of the invoice date. If payment is not made within this time, Van Rijckevorsel Mencke may, without further notice, exercise its right to charge the client statutory interest. Van Rijckevorsel Mencke may at all times request an immediately payable advance for work carried out or to be carried out and suspend or end its services if the client does not pay an invoice for advance payment on time.
  13. Any liability ensuing from or relating to the performance of the services for which Van Rijckevorsel Mencke has been engaged will at all times be limited to the amount that is paid out in that specific case under the liability insurance policies taken out, plus the appropriate deductible. The maximum insured amount under Van Rijckevorsel Mencke’s professional liability insurance, including the appropriate deductible, is EUR 5,000,000.00 (5 million euro) per claim. Any claim for compensation of loss or damage will expire one year after the day on which the client became aware of the possible loss or damage, and at most after three years.
  14. Van Rijckevorsel Mencke’s services are governed by the Company Complaints Settlement Scheme. These schemes can be viewed at www.vanrijckevorselmencke.com and will be provided on request.
  15. The legal relationship between Van Rijckevorsel Mencke and a client and any claims for liability are governed by the laws of the Netherlands. All disputes will be submitted exclusively to the competent court in Amsterdam.
  16. These General Terms and Conditions are available in Dutch and English and can be viewed at

    http://www.vanrijckevorselmencke.com. In the event of a dispute on their contents or intention, only the Dutch version is binding.