General terms and conditions from September 1, 2019
1. These General Terms and Conditions apply to the provision of advice or services by us in connection with any assignment for which you mandate us. Any assignment in connection with which we provide you with our services is an assignment within the meaning of these General Terms and Conditions.
2. References to “we”, “us” or “our” should be understood to mean the office with which you contract within Wanted Law. Wanted Law is a de facto association without legal personality, with registered office at 8000 Brugge, Gulden-Vlieslaan 28, and registered with the KBO under number 0757.639.482.
Wanted Law is a group of lawyers within the meaning of Article 170.3. of the Codex of Deontology for lawyers. The term "group of lawyers" means: an association whose members have only contractually determined how they organize joint services to support the professional practice of its members and how they share the costs thereof ".
Wanted Law groups together the following law firms, which are each individually responsible for the files they handle at their location:
1. Wanted Law Sint-Niklaas BV, with registered office at 9100 Sint-Niklaas, Van Havermaetstraat 36, and registered with the KBO under number 0446.143.184. The following person was appointed as contact person within Wanted Law Sint-Niklaas:
2. Wanted Law Brugge BV, with registered office at 8000 Brugge, Gulden-Vlieslaan 28, and registered with the KBO under number 0589.943.409. The following person was appointed as contact person within Wanted Law Bruges:
3. Paul Verhaeghe (Wanted Law Tax), with registered office at 1083 Ganshoren, De Villegaslaan 6, and registered with the KBO under number 0768.754.395, with the following contact person:
The lawyers associated with Wanted Law provide their services in the files of Wanted Law in the name and on behalf of the respective Wanted Law office where they are established. That office is therefore the only contracting party of the Client for any services in those files performed by its lawyer-partner, lawyer-employees and lawyer-trainees.
All lawyers associated with Wanted Law are lawyers in Belgium and are registered with the Bar Association in Dendermonde, West Flanders or Brussels-Dutch. The lawyers are subject to the regulations of the Flemish Bar Council and to the regulations of the Bar Association of the bar where the respective office is located.
3. Wanted Law strives for an optimal service whereby the commitment of an obligation of means is assumed, unless expressly agreed otherwise in writing.
Our advice is based on our understanding of the relevant law, case law and customs and practices applicable at the time the advice is given. Subsequent changes in law or custom may therefore affect the conclusions contained in such advice.
4. During the performance of our services, we may provide you with design documents for checking. You cannot rely on a design until its contents have been finalized and confirmed in writing.
5. If we are of the opinion that external legal advisors should be mandated, we will take the necessary care in the selection and appointment of these advisors. Unless otherwise agreed, you will be directly liable for their statement of fees and expenses. We are not liable for the acts, errors or omissions of such advisers.
6. Unless otherwise agreed, our professional services fee will be determined on the basis of an hourly rate, which applies to the time spent on the assignment, including travel time.
7. You must reimburse the expenses that we incur in the performance of the assignment, as well as the costs of external consultants appointed by us who provide services for you.
8. Our invoices must be paid on the due date stated on the invoices. In the event of late payment, a compensation of 10% on the outstanding principal sum is owed, by operation of law and without notice of default, plus the default interest, calculated on a daily basis at the interest rate stated in the Act on combating late payment in commercial transactions, with a minimum of 10% .
In the event of non-payment of the fee and cost statements, Wanted Law is also entitled to suspend its further work.
9. Unless you instruct us otherwise, we may communicate directly with those persons (your employees or your other advisers) in any manner we deem appropriate and without prior feedback to you as we deem appropriate and who we reasonably believe are appropriate. they are involved in the assignment.
10. Unless you instruct us otherwise, we will assume that you consent to us communicating with you and your other advisors by email. This includes communication about confidential information. Please note that e-mail communication is not completely secure or error-free.
11. We use software to reduce the risk of viruses entering our system. As there is a risk that legitimate correspondence will be filtered, you should not assume that every e-mail will also be automatically received by us. Therefore, you should always follow up important communications by telephone, fax or other means to ensure that we have actually received the notice. We are not liable for any failure of our software or for any other fact beyond our reasonable control.
12. If we are liable to you for any loss or damage (including interest and costs) incurred by you in connection with our engagement and someone else (without prejudice to clause 13) is also liable to you for the same loss or damage (or this person would be liable if he had entered into a contractual obligation towards you to perform his obligations with the usual care that you might expect in the light of the circumstances), then the compensation owed by us to you in respect of the loss or damage reduced in light of the extent of the third party's liability for the loss or damage.
13. In determining the existence and extent of the liability of such third parties for the loss or damage within the meaning of Article 12, no account shall be taken of (i) agreements or regulations limiting the amount of compensation payable , nor with (ii) any actual or potential impediments to recovery of the loss or damage from such persons, whether by amicable settlement, limitation of claims, difficulties in enforcement or any other reason.
14. Our liability, including individual liability in connection with or arising out of this, is in any case limited to the amount of coverage under the applicable professional indemnity insurance taken out by the relevant counter under which the office with which you contracted belongs, which is currently 1,250. 000 EUR per office. On first request, you can request a copy of the insurance certificate from your Wanted Law office.
The insured activities under this policy are limited to: - All activities specific to the profession of lawyer - Activities as arbitrator in legal disputes - Valuation of fees at the request of courts - Lawyer-mediator and lawyer-debt mediator - Lawyer-syndic in accordance with the regulations of the OVB - Ad hoc agent for legal persons in criminal matters - Judicial mandates: provisional administrator, guardian or supervisory guardian, ad hoc guardian, trustee of unattended estates, debt mediator in collective debt settlement.
15. The performance of the assignment entrusted to us entails rights and obligations, which however arise solely between you and us, and no one else may rely on the advice we give you, nor is it intended that anyone else our obligations to you and our services to you, nor may anyone else enforce any aspect of our engagement under applicable law.
16. Our agreement with you is governed by Belgian law and the courts located in the judicial district in which the registered office of the Wanted Law office with which you contracted is located shall have exclusive jurisdiction, without prejudice to the law of the Wanted Law office in question to bring the dispute before the Court of the defendant's domicile.
Special sales conditions webshop Wanted Law.
Below you will find our special sales conditions that apply to the Wanted Law webshop. Thank you for shopping in the Wanted Law Webshop. We appreciate that you enjoy purchasing our products. As with any shopping experience, there are terms and conditions that apply to transactions in our webshop.
Article 1 – Definitions
In these terms and conditions the following definitions apply:
1. Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;
2. Consumer: the natural person who does not act in the exercise of a profession or business and who enters into a distance contract with the entrepreneur;
3. Distance contract: an agreement in which, within the framework of a system organized by the entrepreneur for distance sales of products and/or services, up to and including the conclusion of the agreement, exclusive use is made of one or more techniques for communication on distance;
4. Technique for distance communication: means that can be used for concluding an agreement, without the consumer and entrepreneur meeting simultaneously in the same room;
5. Reflection period: the period within which the consumer can make use of his right of withdrawal;
6. Right of withdrawal: the option for the consumer to waive the distance contract within the reflection period;
7. Day: calendar day;
8. Duration transaction: a distance contract with regard to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
9. Durable data carrier: any means that enables the consumer or entrepreneur to store information that is personally addressed to him in a way that allows future consultation and unaltered reproduction of the stored information.
Article 2 - Identity of the seller
Green Rabbit BV
Van Havermaetstraat 36, 9100 Sint-Niklaas
Second location: Gulden-Vlieslaan 28, 8000 Bruges.
Phone number: 03/776.57.73
VAT identification number:BE0733.521.225
Article 3 - Scope.
1. These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.
2. Before the distance contract is concluded, the text of these general terms and conditions is made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, it will be indicated that the general terms and conditions can be viewed at the entrepreneur and they will be sent free of charge as soon as possible at the request of the consumer.
3. If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that it is consumer can be stored in a simple way on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be consulted electronically and that they will be sent free of charge at the request of the consumer electronically or otherwise.
4. In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis and the consumer can always invoke the applicable provision in the event of conflicting general terms and conditions. most favorable.
Article 4 - The offer
1. If an offer has a limited period of validity or is subject to conditions, this will be expressly stated in the offer.
2. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a true representation of the products and/or services offered. Obvious mistakes or errors in the offer are not binding on the entrepreneur.
3. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. This concerns in particular:
- the price including taxes;
- any costs of delivery;
- the manner in which the agreement will be concluded and which actions are required for this;
- whether or not the right of withdrawal applies;
- the method of payment, delivery or performance of the agreement;
- the term for acceptance of the offer, or the term for keeping the price unconditional;
- the level of the rate for distance communication if the costs of using the technology for distance communication are calculated on a basis other than the basic rate;
- if the agreement is archived after its conclusion, how it can be consulted by the consumer;
- the way in which the consumer can become aware of acts that he does not want before concluding the agreement, as well as the way in which he can rectify these before the agreement is concluded;
- the possible languages in which, in addition to Dutch, the agreement can be concluded;
- the codes of conduct to which the entrepreneur is subject and the way in which the consumer can consult these codes of conduct electronically; and
- the minimum duration of the distance contract in the event of an agreement that extends to continuous or periodic delivery of products or services.
Article 5 - The agreement
1. Subject to the provisions of paragraph 4, the agreement is concluded at the time of acceptance by the consumer of the offer and compliance with the associated conditions.
2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed, the consumer can dissolve the agreement.
3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
4. The entrepreneur will send the following information to the consumer with the product or service, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:
- If the entrepreneur has undertaken to deliver a series of products or services, the provision in the previous paragraph only applies to the first delivery.
- the visiting address of the establishment of the entrepreneur where the consumer can go with complaints
the conditions under which and the manner in which the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
- the information about existing after-sales service and guarantees;
- the information included in Article 4 paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this information to the consumer before the execution of the agreement;
- the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.
5. If the entrepreneur has undertaken to deliver a series of products or services, the provision in the previous paragraph only applies to the first delivery.
Article 6 - Right of withdrawal
- Right of withdrawal upon delivery of products
When purchasing products, the consumer has the option to dissolve the agreement without stating reasons during fourteen days. This period starts on the day after receipt of the product by or on behalf of the consumer.
During this period, the consumer will handle the product and the packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he makes use of his right of withdrawal, he will return the product with all accessories supplied and - if reasonably possible - in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
- Right of withdrawal when providing services
When providing services, the consumer has the option to dissolve the agreement without stating reasons during fourteen days, commencing on the day of entering into the agreement.
To make use of his right of withdrawal, the consumer will follow the reasonable and clear instructions provided by the entrepreneur with the offer and/or at the latest upon delivery.
Article 7 - Costs in case of withdrawal
If the consumer makes use of his right of withdrawal, at most the costs of return will be for his account.
The entrepreneur will reimburse all payments received from the consumer, including, if applicable, the delivery costs, without delay and in any case within 14 days of the day on which it is informed of the consumer's decision to withdraw from the agreement.
The entrepreneur will make the refund using the same payment method as that used by the consumer during the original transaction, unless the consumer has expressly agreed to another payment method and on the understanding that the consumer may not incur any costs as a result of such a refund.
The additional costs resulting from the express choice of the consumer to opt for a different method of delivery than the cheapest standard delivery offered by the company, will not be reimbursed by the entrepreneur.
Unless the company has offered to collect the goods itself, the company may, under sales contracts, withhold reimbursement until it has received all the goods back, or until the consumer has proved that he has returned the goods, to any other time falls first.
Article 8 - Exclusion right of withdrawal
1. If the consumer does not have a right of withdrawal, this can only be excluded by the entrepreneur if the entrepreneur has clearly stated this in the offer, at least in time for the conclusion of the agreement.
2. Exclusion of the right of withdrawal is only possible for:
- service contracts after full performance of the service if the performance has started with the express prior consent of the consumer, and provided the consumer has acknowledged that he will lose his right of withdrawal as soon as the company has fully performed the agreement;
- the delivery or provision of goods or services whose price is subject to fluctuations in the financial market over which the company has no influence and which may occur within the withdrawal period;
- the delivery of goods manufactured according to the consumer's specifications, or which are clearly intended for a specific person;
- the supply of goods that spoil quickly or with a limited shelf life;
- the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene and of which the seal has been broken after delivery;
- the delivery of goods that are irrevocably mixed with other products after delivery by their nature;
- the supply of alcoholic beverages, the price of which is agreed upon at the time of the conclusion of the sales contract, but the delivery of which can only take place after 30 days, and the actual value of which depends on fluctuations in the market over which the company has no influence;
- agreements whereby the consumer has specifically requested the company to visit him to carry out urgent repairs or maintenance there; if, however, the company provides additional services during such visit that the consumer has not expressly requested, or supplies goods other than spare parts that are necessarily used to carry out the maintenance or repairs, the right of withdrawal for those additional services or goods from application;
- the delivery of sealed audio and sealed video recordings and sealed computer software, the seal of which has been broken after delivery;
- the supply of newspapers, periodicals or magazines, with the exception of contracts for a subscription to such publications;
- agreements concluded during a public auction;
- the provision of accommodation other than for residential purposes, transport, car rental services, catering and services relating to leisure activities, if a specific date or period of implementation is provided for in the agreements;
- the supply of digital content that is not supplied on a tangible medium, if the execution has started with the express prior consent of the consumer and provided the consumer has acknowledged that he loses his right of withdrawal;
- the contracts for services for betting and lotteries.
Article 9 - The price
1. During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes as a result of changes in VAT rates.
2. Contrary to the previous paragraph, the entrepreneur can offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This dependence on fluctuations and the fact that any prices quoted are target prices are stated in the offer.
3. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
4. Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
- they are the result of statutory regulations or provisions; or
- the consumer has the authority to cancel the agreement on the day on which the price increase takes effect.
5. The prices stated in the offer of products or services include VAT.
Article 10 - Conformity and Warranty
The seller guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the legal provisions existing on the date of the conclusion of the agreement and /or government regulations.
An arrangement offered by the seller, manufacturer or importer as a guarantee does not affect the rights and claims that the consumer can assert against the entrepreneur with regard to a shortcoming in the fulfillment of the obligations of the entrepreneur on the basis of the law and/or or the distance contract.
Article 11 - Delivery and execution
1. The entrepreneur will take the greatest possible care when receiving and executing orders for products and when assessing applications for the provision of services.
2. The place of delivery is the address that the consumer has made known to the company.
3. With due observance of what is stated in article 4 of these general terms and conditions, the company will execute accepted orders expeditiously, but at the latest within 30 days, unless a longer delivery period has been agreed. If the delivery is delayed, or if an order cannot or only partially be executed, the consumer will be notified of this no later than one month after he has placed the order. In that case, the consumer has the right to dissolve the agreement without costs, to request an equivalent replacement product, or to obtain any compensation.
4. In the event of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount that the consumer has paid as soon as possible, but at the latest within 30 days after dissolution.
5. If delivery of an ordered product proves to be impossible, the entrepreneur will make every effort to make a replacement item available. At the latest upon delivery, it will be stated in a clear and comprehensible manner that a replacement item will be delivered. For replacement items right of withdrawal can not be excluded. The costs of return shipment are for the account of the entrepreneur.
6. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer, unless expressly agreed otherwise.
7. Retention of Title. Contrary to article 1583 of the Civil Code, GREEN RABBIT BV remains the owner of the sold and delivered goods until the day of full payment of the price in principal and/or interest(s) and/or fixed compensation(s). The customer authorizes GREEN RABBIT BV to take back the material at any time, as long as it has not been paid in full, wherever it may be.
Article 12 - Duration transactions
The consumer can terminate an agreement that has been entered into for an indefinite period of time with due observance of the agreed cancellation rules and a notice period of no more than one month.
An agreement entered into for a definite period of time has a maximum term of two years. If it has been agreed that the distance contract will be extended in the event of the consumer's silence, the agreement will be continued as an agreement for an indefinite period and the notice period after continuation of the agreement will be a maximum of one month.
Article 13 - Payment
1. Insofar as not later agreed, the amounts owed by the consumer must be paid within fourteen days after delivery of the good or, in the case of an agreement to provide a service, within 14 days after issue of the documents relating to this agreement. .
When selling products to consumers, a partial or full advance payment may be stipulated in general terms and conditions (during the withdrawal period). When advance payment is stipulated, the consumer cannot assert any rights with regard to the execution of the relevant order or service(s) before the stipulated advance payment has been made.
The consumer has the obligation to immediately report inaccuracies in the payment details provided or stated to the entrepreneur. In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs made known to the consumer in advance.
2. Payment for online orders can be made online at the time of the order via:
- credit card (Visa, Mastercard)
Article 14 - Complaints procedure
Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will answer within the period of 14 days with a notification of receipt and an indication when the consumer can expect a more detailed answer.
Article 15 - Jurisdiction and applicable law.
This agreement is subject to the provisions of Belgian law. In the event of a dispute, only the courts and tribunals of the judicial district of East Flanders, Ghent Division are competent.
Article 16 - Amendment of the general terms and conditions
The seller reserves the right to change its general terms and conditions of sale without personally informing the consumer and without the latter being able to claim any compensation. It is therefore up to the consumer to regularly check whether changes have occurred. On current contracts, however, the conditions that were applicable at the time of the conclusion of the sale always apply.