General Conditions Stek Advocaten B.V. (as of 1 May 2024)
- Stek Advocaten B.V. (Stek) is a limited liability company (besloten vennootschap met beperkte aansprakelijkheid) incorporated under the laws of the Netherlands, whose object is to conduct the practice of law. A list of the persons who own shares in Stek through their holding companies (the Partners) shall be provided upon request.
- These General Conditions apply to every assignment given to Stek, including supplemental assignments, follow-up assignments and new assignments as well as all and any legal relationships related thereto. If a supplemental assignment, follow-up assignment or new assignment is given by a (legal) person related to the original client, these General Conditions also apply to such supplemental assignment, follow-up assignment or new assignment and the original client guarantees that these General Conditions apply to such supplemental assignment, follow-up assignment or new assignment. The applicability of Articles 6:227b paragraph 1 and 6:227c of the Dutch Civil Code concerning (the provision of information and coming into existence of) e-commerce transactions is explicitly excluded in case the client is acting in the exercise of profession or business.
- All assignments to Stek or (legal) persons related to Stek are considered to have been exclusively given to and accepted by Stek. This shall also apply if the client expressly or implicitly intends the assignment to be performed by a specific person. The description “(legal) persons related to Stek” includes but is not limited to: all and any (current, former and future) employees, advisors, Partners and group companies of Stek, the third party funds foundation Stek Advocaten (Stichting Beheer Derdengelden Stek Advocaten) and all and any (legal) persons which at the request of Stek have performed or will perform any activities. The applicability of Articles 7:404, 7:407 paragraph 2 and 7:409 of the Dutch Civil Code is excluded.
- The provisions in these General Conditions are made for the benefit not only of Stek, but also for the benefit of the (legal) persons related to Stek as referred to in Article 3 of these General Conditions. All that is stipulated in these General Conditions for the benefit of Stek and the (legal) persons related to Stek shall be considered as an irrevocable third party stipulation made for free (onherroepelijk derdenbeding om niet) in the meaning of Article 6:253 of the Dutch Civil Code. The (legal) persons related to Stek are not liable for any damage caused by or related to the performance or non-performance of any assignment or any part thereof.
- If, in the context of the performance of an assignment, an event occurs which leads to liability, then such liability shall be limited to the amount which is paid out under the professional liability insurance taken out by Stek, plus the amount of the deductible which must be borne by Stek pursuant to the insurance policy in the matter concerned. Such event may include a failure to act.
- Stek shall take the necessary due care in selecting third parties to be engaged in carrying out an assignment and shall, insofar as possible, consult with the client in advance about such engagement. Stek is not liable for any acts or omissions of third parties. The client hereby authorizes Stek to accept any limitations of liability of third parties on its behalf.
- Stek is authorized to make use of (digital) means of communication and communication services and (digital) means and services for the storage of data, whether or not provided by third parties. Stek is not liable for any damage that may, directly or indirectly, result from or relate to the use of such means or services. Stek is not liable for any damage that may, directly or indirectly, result from or relate to the interception, manipulation, infection or delay in (transportation of) electronic messages and documents or wrongful (transportation of such) messages or documents, including but not limited to viruses, hacks, ransomware or other malware.
- Without prejudice to anything contained in these General Conditions, all and any liability for damage lapses one year after the client has become aware or should have reasonably been aware of the damage and the possible liability of Stek for such damage. All and any liability of Stek will in any event lapse two years after the performance of any assignment by or on behalf of Stek.
- Stek processes the (personal) data of the client and stores this data in its client base. This data will be solely used in a professional way for related, justified purposes. A detailed description of how Stek processes the (personal) data of the client and the corresponding rights of the client is laid down in the privacy statement of Stek, which can be found here and shall be provided upon request.
- Stek’s office complaints procedure, which complies with relating regulations under the Dutch Act on Advocates (Advocatenwet), applies to all client assignments. This office complaints procedure can be found here and a copy thereof will be made available on request. A complaint that has not been resolved through this complaints procedure can only and exclusively be submitted to the competent court mentioned in Article 12 of these General Conditions.
- These General Conditions are available in the Dutch and English language. In the case of any discrepancy as to the contents and purport of these conditions, the Dutch text shall take precedence.
- These General Conditions and all legal relationships between Stek and its clients are governed by Dutch law. Any dispute resulting from or in relation to any client assignment shall be exclusively submitted in first instance to the Amsterdam District Court, the Netherlands.
Stek Advocaten B.V. has its corporate seat in Amsterdam, the Netherlands and is registered with the Dutch trade register in Amsterdam under number 34215701.