General Terms and Conditions Deileman financiële vormgevers
Article 1: Definitions
1.1 The sole proprietor, Dieleman financiële vormgevers or Dieleman Advies, located at Koolemans Beynenstraat 114, 6521 EX in Nijmegen, with its registered office at Bijsterhuizen 30-07 H, 6604 LP, Tilburg, the Netherlands, hereafter called “DFV”.
The person, firm or company for whom DFV has issued a quotation, made an offer, or signed an agreement with.
The Order that has been put forward by Client for DFV to advise or mediate the Client in concluding agreements regarding a Financial Product.
1.4 Financial Product
The mortgage, insurance, savings account or the credit or participation right in investment institutions, or other products as referred to in article 1:1 Wft, for which DFV will mediate or advice the Client in upon request.
The party with whom an agreement for the Financial Product is concluded.
Article 2: Order
2.1 An agreement between Client and DFV is considered to be established when DFV has accepted an Orderin writing, or at the moment DFV starts execution. DFV has the right to deny requested. Orders without giving an explanation, even after a quotation has been sent out by DFV to Client.
2.2 All Orders issued to DFV come into being exclusively with DFV and are executed by DFV, even if the Client's intention is that the Order will be carried out by a certain person working at DFV.
2.3 Orders issued to DFV solely lead to best-effort commitments for DFV, not to result obligations, unless the nature of the issued Order, which both parties have agreed upon, proves otherwise.
2.4 Unless agreed upon differently in writing, DFV’s stated terms in which it will execute the Order shall never be regarded as a deadline.
2.5 These general terms and conditions are stipulated for the benefit of the directors and/or partners of DFV and all its employees. The applicability therefor will remain in force if the aforementioned directors/partners and/or employees no longer work for DFV.
2.6 Any purchase conditions or other conditions to which Client refers when accepting an offer or quotation or when concluding an agreement are not applicable, unless DFV has accepted them unreservedly and in writing.
Article 3: Offers and quotations from Provider and recommendations by DFV
3.1 Offers or quotations presented by DFV to the Client on behalf of a Provider are without obligation and subject to acceptance by the relevant Provider, unless explicitly stated otherwise.
3.2 Client can not derive any rights from calculations made by DFV with regard to the costs of a financial product and any effect thereof on the (monthly) expenses of the Client. These calculations are to be considered as provisional and indicative, and may be subject to interim interest rate changes and premium changes. Only when a Provider has submitted an offer that has been accepted by the Client, DFV can provide a definitive calculation of the (monthly) expenses.
3.3 Advice that has been provided to the Client by DFV are snapshots and are based on simplified assumptions of the laws and regulations applicable at that certain time. Only when a Provider has submitted an offer that has been accepted by the Client, DFV can provide a definitive calculation of the (monthly) expenses.
Article 4: Communication
4.1 In the event that the Client has sent any digital message to DFV, he may only assume that this message has reached DFV if he has received a confirmation of receipt thereof, other than an automatic confirmation of receipt.
4.2 General information provided by DFV, whether on the Internet or at the request of the Client, is free of obligation and is never considered to be an advice given by DFV in the context of an Order, except when the contrary appears from DFV’s communication or when it concerns an advice tailored to the personal situation of the Client.
4.3 Until Client has notified DFV of an address change, DFV may rely on the Client being available at the address that has been provided at the start of the Order, including the Client’s email address.
Article 5: Engaging third parties
5.1 DFV is allowed to make use of third parties in the execution of an Order if necessary. Cost incurred by engaging these third parties are charged to the Client.
5.2 When DFV has to make use of advice drawn up by external advisors, including advice from accountants, lawyers, tax consultants etc., DFV will consult with the Client as much as possible in advance and take due care when selecting third parties. DFV is not liable for (attributable) shortcomings of these external advisers.
5.3 DFV is, in the same way as it is for its own employees, responsible for the third parties it engages in the execution of the Order it has been issued, which are not regarded as external advisers in the sense of the above stated in Article 5.2, such as temporary workers, external administration offices etc.
Article 6: Intellectual property
6.1 DFV reserves all rights with regard to products/creations of the mind that it uses or has used in the execution of the Order. This includes, among other things, computer programs, system designs, working methods, advice, report templates, contracts and other products that are a brainchild of DFV, in the broadest sense of the word.
6.2 The Client shall not disclose the content of reports, advice or other written or not written statements by DFV, which have not been drawn up or have been made with the intention of providing third parties with the containing information. The Client ensures that third parties can not take cognizance of the content referred to in the previous sentence, at least not without the explicit consent of DFV.
Article 7: Fees and payment
7.1 The fee for DFV’s services may be included in the premiums to be paid by the Client to the Provider, or an hourly rate or fixed fee may be agreed upon.
7.2 The remuneration for DFV is included in the premiums to be paid by the Client to the Provider, if the parties have not made separate agreements about this. The Provider pays these to DFV.
7.3 Changes in taxes imposed by the government are always passed on to the Client. After accepting an Order, DFV is entitled to increase agreed rates in the meantime if increases occur in the costs of materials or services that are required for the execution of the Order and/or of other costs that influence DFV’s cost price.
7.4 In the event that DFV operates on a declaration basis, an advance payment may be charged that must be paid by the Client before DFV starts executing the Order.
7.5 Invoices from DFV must be paid by the Client within 14 days after the invoice date in the manner prescribed by DFV unless otherwise agreed upon in writing or stated on the invoice.
7.6 If the Client fails to pay the premiums in time, that are a result of the insurance policy concluded by him, the Provider may suspend the cover under the insurance and, in the event of damage, refuse to reimburse it. If the premium and/or interest payments are related to a mortgage, the Provider can also decide to execute the sale of the immovable property/real estate concerning the mortgage. In such cases DFV is never liable to the Client.
7.7 Settlement by the Client for amounts charged by DFV for its services, with a counterclaim by the Client, or suspension of payment by the Client in connection with a counterclaim made by the Client, is only permitted insofar as the counterclaim is accepted unreservedly and in writing by DFV or when it is legally determined irrevocably.
7.8 If the Client does not pay the amounts charged by DFV within the agreed term, the Client will, without any prior notice of default, be required to pay statutory interest on the outstanding amount. If the Client, even after notice of default, fails to pay the outstanding amount to DFV, DFV can hand over the collection of its claim, in which case the Client will also be obliged to pay the extrajudicial collection costs. The amount of the extrajudicial collection costs is set at 15% of the amount for which payment is claimed.
7.9 Payments made by the Client will always first serve to settle all interest and costs owed and then the due and payable invoices that have been outstanding the longest, even if the Client states that the payment relates to a later invoice.
7.10 If the creditworthiness of the Client gives rise to this, DFV is authorized to suspend the delivery of its services until the Client has provided sufficient security for its payment obligations.
Article 8: Client information
8.1 The Client shall always, solicited and unsolicited, provide DFV with all relevant information that it requires for the execution of the Order. This includes, but is not limited to, a situation in which there are such changes in the family composition, the income, the capital, the business destination, the company size, the stock management etc. of the Client, that DFV should adjust its advice accordingly or that already concluded financial products may no longer suffice.
8.2 DFV can only fulfill its duty of care with regard to the Client if the Client strictly complies with 8.1.
8.3 If necessary data for the execution of the Order have not been made available to DFV, or not in time or in accordance with the agreement, or if the Client has not met its (information) obligations in any other way, DFV is authorized to suspend the execution of the Order.
8.4 The Client is fully responsible for the correctness and completeness of all information he provides to DFV. If the timeliness, correctness or completeness of the information results in DFV having to devote more time or make extra costs to execute the Order, DFV will charge the extra fees/costs that incur to the Client.
8.5 If it turns out that the Client has provided incorrect information, which formed the basis upon which DFV executed the Order, the Provider may be entitled on the basis of his (general) policy conditions to terminate the the insurance policy or credit effective immediately, or decide not to proceed with compensation for damages.
Article 9: Liability of DFV
9.1 Any liability of DFV as well as of its directors, partners, its employees and the persons engaged by DFV in the execution of the Order, is limited to the amount that in the relevant case is paid under the professional liability insurance of DFV, including the deductible excess costs to be paid by DFV. Upon request, further information about the professional liability insurance will be provided to relevant parties.
9.2 In the event that DFV's professional liability insurance, as referred to in Article 9.1 does not provide cover in a specific case, the liability of DFV and its directors, partners, its employees and the persons engaged by DFV in the execution of the Order shall be limited to a maximum amount equal to the total of the fee charged by DFV to the Client for the Order that underlies the damage arising. If DFV has not charged any fee for its services to the Client, the liability of DFV and its members is limited to the premium charged by the Financial Institution to the Client.
9.3 Orders issued to DFV are exclusively executed for the benefit of the Client. Third parties can not derive any rights from the content of the work performed by DFV for the Client.
9.4 DFV is never liable for damage suffered by the Client or third parties as a result of incorrect, incomplete or untimely information provided by the Client.
9.5 DFV is never liable for any damage that results from errors in (computer) software used by DFV, unless DFV can recover this damage from the supplier of the (computer) software concerned.
9.6 DFV is never liable for any damage that arises in the event that (e-mail) messages sent to DFV by the Client have not reached DFV.
9.7 DFV shall never be liable for any damage whatsoever arising in the event that the Client has not timely paid the premiums and/or interest charged to him for financial products concluded by him, after the mediation of DFV.
9.8 DFV shall never be liable for any damage whatsoever that is the result of the circumstance that an agreed financing reservation between the Client and another counterparty has expired.
9.9 DFV shall never be liable for any damage whatsoever caused in the event that the Provider does not or not timely ensures that the documents required for the passing of the mortgage are completed and whether or not the funds are deposited with the notary in time.
9.10 In case DFV advises on or mediates in the conclusion of financial products of which an investment and/or investment component is a part, DFV provides a forecast with regard to the possible results of the relevant product. This is only an indication. DFV is never liable for damage by the Client or third parties, which directly or indirectly results from a (disappointing) value development of financial products and/or (disappointing) results, returns, profitability and similar financial products. Furthermore, DFV is not liable for any damage suffered as a result of errors or inaccuracies in prognoses by third parties, including any Provider, relating to the result to be achieved, return, profitability and such.
9.11 The provisions of this article do not affect the liability of DFV for any damage caused by the intent or conscious recklessness of its partners and/or subordinates.
9.12 The Client is only entitled to terminate any agreement with DFV if DFV remains accountable in default to fulfill its obligations towards the Client, even after proper notice of default. Payment obligations that have arisen before the time of dissolution and/or which relate to services already delivered, must be complied with by the Client.
Article 10: Force majeure
10.1 DFV is not obliged to comply with any obligation if this is not reasonably possible for DFV, such as changes in the circumstances existing at the time of the obligations, that are outside the control of DFV.
10.2 Any shortcoming in the fulfillment of DFV’s obligation shall not be attributable to DFV in the event of omission and/or shortcoming by its suppliers, subcontractors, transporters and/or other third parties that have been engaged. In the event of a fire, strike or exclusion, riots, war, government measures, including export, import or transit bans, frost and all other circumstances which are of such nature that fulfilment can no longer be demanded of DFV.
Article 11: Protection of personal data
11.1 Personal data provided to DFV by the Client will not be used or forwarded by DFV to third parties for purposes other than for the execution of the Order issued to DFV, except insofar as DFV is obliged to provide the relevant data to a designated authority, on the basis of the law or public order in the context of its business operations.
Article 12: Complaints authority
12.1 DFV is affiliated with the Dutch Financial Services Complaints Authority (KIFID) in The Hague, the Netherlands, under the following number: 300.016107. A dispute arising from quotations, offers and agreements to which the present terms and conditions apply, may be submitted to the Disputes Committee for Financial Services or the civil court at the discretion of the Client.
12.2 DFV conforms to a binding recommendation in advance, issued by the Disputes Committee for Financial Services, insofar as the interest of the presented dispute does not exceed an amount of €25.000 euros (in words and writing: twenty-five-thousand euros). If the dispute in question exceeds this monetary interest, DFV has the option not to cooperate with a binding advice.
Article 13: Expiry of entitlement
13.1 Complaints with regard to work performed by DFV or the the amount of the sums invoiced by DFV must, under penalty of forfeiture of rights, be submitted to DFV by Client in writing and within 60 days after Client has received the documents, information or invoice to which his complaint relates, or the shortcoming he found in the performance of DFV. Submitting a complaint never suspends the payment obligations of the Client.
13.2 All rights of action and other powers enjoyed by the Client for any reason whatsoever in connection with work performed by DFV shall in any case expire five years after the moment at which the Client became aware or reasonably could have known about the existence of these rights and powers.
Article 14: Miscellaneous
14.1 Dutch law is applicable to all offers and quotations issued by DFV and to the Orders accepted by DFV.
14.2 In the event that the content of agreements made in writing between DFV and the Client deviate from the provisions in these general terms and conditions, the written agreements take precedence.
14.3 Deviations from and/or additions to these general terms and conditions are only binding for DFV if DFV and the Client have expressly agreed to this in writing.
14.4 If any provision of these general conditions proves to be invalid, only the provision concerned will be excluded, and all other provisions will remain fully valid.
14.5 DFV is entitled to unilaterally change the content of these terms and conditions in the interim. In the event of an interim change, a statement shall be issued to the Client when the amended general terms and conditions are being sent by DFV to the Client. The Client is entitled to object to the applicability of the amended terms within 30 days after the date on which it is notified of the relevant changes. In that case, the parties will consult on the content of the applicable general terms and conditions. If the Client does not object to the changed content of the general terms and conditions, the amended general terms and conditions will govern the agreements made between the parties.