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General terms & conditions for online sales 
via the Sirius Legal Webshop

1. Identitity of the seller

We are:

Sirius Legal Business Law Firm BV
Kempische Kaai 69, 0.01
3500 Hasselt
E-mail address: info@siriuslegal.be
Phone number: +32/ 2 721 13 00
Company number: BE 0742.701.086
Bank account number:  IBAN BE08 3631 9725 6513

 

2. Applicability

  • These general webshop terms and conditions apply to every offer from Sirius Legal via its webshop, accessible at www.siriuslegal.be/shop (“the Webshop”).
  • We sell exclusively via the Webshop to professional clients with a VAT number (B2B) (hereinafter “Buyer” or “you”). Natural persons who are not acting in the exercise of their profession or business should contact us via info@siriuslegal.be.
  • Sirius Legal reserves the right to accept or refuse Buyers. Refusals may result (but are not limited to) from conflicts of interest, incorrect or incomplete company information, non-payment, or issues with our know-your-customer obligations or anti-money laundering obligations.
  • Placing an order on the website constitutes explicit acceptance of our standard General Terms and Conditions and of these general terms and conditions for online sales via the Sirius Legal webshop, which are always available via the website. Should there be differences between the General Terms and Conditions for Online Sales via the Sirius Legal webshop and these General Terms and Conditions, the provisions of the general terms and conditions for online sales via the Sirius Legal webshop shall in principle prevail over the standard General Terms and Conditions, unless otherwise stipulated.
  • General Terms and Conditions used by the Buyer do not apply, unless we have explicitly agreed to this in writing.
    We reserve the right to amend and/or supplement the General Terms and Conditions at any time for future orders.

 

3. Our offer and your order

  • If an offer has a limited validity period or is subject to specific conditions, we explicitly state this in our offer. We always describe as fully and accurately as possible what we sell to you and how the ordering process will proceed. The description is in any case sufficiently detailed to allow you to make a good assessment. However, mistakes are human, and if we have clearly made a mistake, we are not obliged to deliver to you after all.
  • If the ordering process mentions an intake interview with a specific lawyer from our team, we can unilaterally decide at any time to engage another sufficiently qualified lawyer or employee from our team to take over your intake interview.
  • The legal advice and legal documents that we make available via the Webshop are standardly provided only under Belgian law. If you need assistance under Dutch, French, German or any other legal system, we can certainly help you. In that case, please contact us personally via info@siriuslegal.be.
  • Your order is complete and the agreement between us is final once we confirm your order by email and once we have received approval for your credit or debit card payment transaction from the card issuer. We accept Visa, MasterCard, Maestro and Bancontact. If your card issuer refuses to authorize your payment to us, we cannot be held responsible for delays in delivery and/or non-delivery of your order.
  • Orders without valid payment in the name of the registered cardholder will not be accepted or processed. To purchase a service, add the product to your shopping cart. Afterwards, you enter your contact details and invoicing details. You will then receive an overview page, accept our general terms and conditions, and confirm your order by pressing the order button with the caption “order and pay now”. Once you have completed these steps, your purchase is final.
  • You have two payment options: immediate online payment or payment after receiving the invoice. A first intake interview can only be scheduled after full payment of your order. As long as our invoice has not been paid, we are not obliged to deliver the ordered service/product.

 

4. Right of withdrawal

  • As a company or professional, you do not have a right of withdrawal. Once your order has been placed, the associated fee is irrevocably due.

 

5. The price

  • The prices of the offer on the website are excl. VAT.
  • The price will be invoiced in euro (EUR).
  • Obvious (manipulation) errors in the price indication, such as evident inaccuracies, can be corrected by us after the conclusion of the agreement.

 

6. Payment

  • We can only accept payment via the payment modules on our website.
  • To ensure secure online payment and the security of your personal data, transaction data is sent encrypted via the internet using SSL technology. You do not need special software to pay with SSL. You recognize a secure SSL connection by the “lock” icon in the bottom status bar of your browser.

 

7. Conformity and warranty

  • We guarantee that our services conform to your order and meet the normal expectations you may have, taking into account the specifications of the service. We naturally also guarantee that our services comply with all laws existing at the time of your order.
  • Our services fall under the liability of legal services for which a limitation period of 5 years applies, calculated from the delivery of the service. All our lawyers are insured for their professional liability with Amlin Europe NV, as described in our General Terms and Conditions on the website.
  • Our liability towards you and towards third parties is in all circumstances limited to the amount that the professional liability insurer will pay out in case of damage. We are not liable for the services performed by third parties on whom we rely above or beyond the amount that the professional liability insurer will pay out in a damage case. For the deductible and any higher damage, we therefore disclaim all liability.

 

8. Terms and execution

  • All services are delivered and communicated via the email address you provided with your order.
  • If we suggest a delivery term, it is only indicative and not binding as a result.
  • We cannot be held responsible for any consequential damage due to late delivery. Our liability in such cases remains limited to the value of the items proven not to have been received by the Buyer.

 

9. Force majeure

  • In case of force majeure, we are not obliged to fulfill our obligations. In that case, we can either suspend our obligations for the duration of the force majeure, or definitively dissolve the agreement, without being liable for any compensation.
  • Force majeure is any circumstance beyond our will and control that wholly or partly prevents the fulfillment of our obligations. This includes, but is not limited to, strikes, fire, business disruptions, energy disruptions, disruptions in a (telecommunication) network or connection or communication systems used and/or the unavailability of our website at any time, non-delivery or late delivery by suppliers or other engaged third parties, …

 

10. Intellectual property

  • Our website, logos, texts, photos, names, all our communication and all rights related to the intellectual achievements that we develop or use in the execution of the assignment entrusted to us, including advice, working methods, contracts, designs of procedural documents, belong exclusively to Sirius Legal or the third parties it relied on.
  • Except with our express prior written consent, it is prohibited to distribute, publish or exploit the intellectual achievements or their recordings in any way whatsoever.

 

11. Other provisions

  • If any provision of these General Terms and Conditions for Online Sales via the Sirius Legal webshop should be unlawful, void or for any other reason unenforceable, then this condition shall be deemed severable from these General Terms and Conditions for Online Sales via the Sirius Legal webshop and shall not affect the validity and enforceability of the remaining provisions. The provision shall be replaced by a valid and enforceable provision that is in accordance with the intent of the parties.
  • These General Terms and Conditions for Online Sales via the Sirius Legal webshop constitute the entire agreement between the Buyer and us with respect to the subject matter contained herein.

 

12. Complaints procedure and disputes

  • If you have a complaint, you can always reach us via info@siriuslegal.be or by phone at +32 2 721 13 00. In case of disputes, you can contact the competent authority at the Bar Association. If necessary, you can contact the Ombudsman for Consumer Disputes regarding Lawyers (https://oca.ligeca.be/nl/), in accordance with the provisions of Book XVI WER.
  • Every agreement is subject to Belgian law (without this leading to a referral to another legal system via international private law). For any legal disputes, only the Courts of the Antwerp district, Mechelen division, are competent.

 

General terms and conditions

Your responsible service provider is SIRIUS LEGAL BUSINESS LAW FIRM BV, an association of lawyers, with registered office at 2800 Mechelen, Kardinaal Mercierplein 2, VAT BE 0742.701.086 (info@siriuslegal.be, tel: 02/721.13.00).  Our third party account number is BE20 6304 3875 9856. The responsible partner is Mr. Bart Van den Brande (registered at the bar of Limburg and Antwerp). Sirius Legal is an association in accordance with art. 170.2 of the Codex of Deontology for lawyers.

 

1. Publicity

We are regularly asked to provide details of our activities, including for tenders, directories, towards journalists.  Furthermore, we try to optimize our marketing and advertising ourselves in the form of brochures, websites, direct mailings, seminars, blog posts, articles, Twitter messages, LinkedIn updates, etc.  Unless you explicitly ask us not to do this, we assume that you agree that we may mention your name if necessary and mention you or your company as one of our clients.  Before we provide any further information other than reporting the fact that you are a client with us, we will always ask you for your permission in advance. Conversely, when you sign the current quotation, we would like to give you permission to use our name and logo in your communications, to refer to our website or to indicate that you are working with us.  We only ask you for the right to ask you to adjust your communications if we request you to do so.  After all, lawyers are subject to strict deontology, which also contains restrictions with regard to advertising, which oblige us to exercise restraint and discretion.

 

2. Conflicts of interest

Prior to accepting your file, we carry out a check for any conflicts of interest based on files previously handled by us or other companies or involved parties that may already be clients of ours.  If we identify such a conflict of interest, we will notify you before we commence our work.

 

3. Archiving

We keep your paper file (if applicable) and digital file for five years after it has been closed, after which it will be destroyed.  If there are documents that you have not received at the end of your file, we request that you request a copy from us in a timely manner and at least before the end of the five-year period mentioned.

 

4. Information

We depend on the information you give us to process your file. You undertake to provide us with all useful information and documents that we need to process your file on time and for the entire duration of our assignment. You are responsible for the accuracy, completeness and reliability of the information provided.

 

5. Recourse to third parties

In addition to the usual tasks performed in the law firm, you agree that we may call on other lawyers for specific assignments. If it is necessary for the execution of the assignment to call on a bailiff or a translator, you leave the choice to us. On the other hand, we always choose other third parties such as notaries, experts or accountants in consultation with you.

 

6. Anti-money laundering legislation

We are subject to the law of 11 January 1993 on the prevention of use in the financial system for money laundering and terrorist financing.  For this reason, we are obliged to identify our clients and to request and keep a number of documents to prove their identity. For this reason, we cannot start with your file before we have received the VAT number or KBO number for companies and traders or a copy of the identity card for private individuals. If we determine facts that we know or suspect are related to money laundering or terrorism, we are obliged to transfer that information to the President of the Bar. The latter decides whether or not the information received is reported to the Financial Information Processing Unit

 

7. Third-party funds

We will transfer all amounts we receive for you to you as quickly as possible. If for some reason this is not possible immediately, we will in any case notify you of receipt and the reason why we cannot yet transfer the amount. We also immediately transfer all amounts we receive from you on behalf of third parties to these third parties.  We can offset the amounts we receive on our third party account with outstanding invoices, interest, damages and VAT and will of course always inform you of this.

 

8. Liability

All lawyers are insured for their professional liability with Amlin Europe NV, Koning Albert II laan 9, 1210 BRUSSELS, through Van Breda Risk & Benefits, with policy number LXX034899. The guarantee of this insurance contract applies to the consequences of acts committed throughout the world, for activities that the insured lawyers carry out from their offices located in Belgium. However, are not insured: the claims brought against the insured lawyers in the US or Canada, or under the law or jurisdiction of the US or Canada. You can request the insurance certificate from all our lawyers at any time by email to info@siriuslegal.be. Our liability towards you as a client and towards third parties is in all circumstances limited to the amount that the professional liability insurer will pay out in the event of damage. We are not liable for services provided by third parties whom we rely on in excess of or in excess of the amount that the professional liability insurer will pay out in a claim. We therefore decline any liability for the franchise and any higher damage.

 

9. Exception of non-execution

We expressly reserve the right to immediately and completely suspend any intervention in your file(s) if you experience delays in paying our invoices.  In that case, we are not liable for any damage you may suffer as a result.

 

10. Intellectual property rights

 

All rights regarding the intellectual achievements that we develop or use in the execution of the assignment entrusted to us, including advice, working methods, contracts, drafts of procedural documents, belong exclusively to Sirius Legal or the third parties it has relied on. Without our express prior written consent, you are prohibited from distributing, disclosing or exploiting the intellectual achievements or recordings thereof in any way.

 

11. Right of withdrawal

If you, as a private individual, use our online services or entrust us with your file remotely by email or telephone, you have a right of withdrawal of 14 days from the day after conclusion of the agreement. By accepting our quotation, you expressly agree that we may start the execution of the agreement and therefore do not have to wait for the withdrawal period of 14 days. In that case, you can still revoke the agreement as long as our services have not yet been fully provided. In that case, you must pay a proportionate amount for the services already provided. You can revoke the agreement by sending an email or completed form within 14 days to info@siriuslegal.be. As a company or professional you do not have a right of withdrawal. Once your order has been placed, the associated fee is irrevocably due.

 

12. Termination

You are always entitled to end our cooperation without any compensation. We, in turn, can also terminate our cooperation with you at any time. If the agreement is terminated, the costs and fees already incurred, and if the fee is estimated at a fixed or proportional basis, the pro rata fee for the services already performed, remain due. At your first request, we will transfer your file to your new lawyer.

 

13. Disputes

If you have a complaint, you can always reach us at info@siriuslegal.be or by telephone on +32 2 721 13 00. In the event of disputes between the two of us, you can contact the competent authority at the Consumer Disputes Legal Ombudsman Service (https://oca.ligeca.be/nl/), in accordance with the provisions of Book XVI WER. Every agreement between us is subject to Belgian law (without this leading to a referral to another legal system via private international law). Only the courts of the Antwerp district, Mechelen department have jurisdiction for any legal disputes.