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Terms and Conditions
Dieleman financiële vormgevers

Article 1: Definitions

  1. The sole proprietorship Dieleman financiële vormgevers or Dieleman Advies, located in Nijmegen, at Koolemans Beynenstraat 114, 6521 EX, and operating from Wijchen, at Bijsterhuizen 30-07 H, 6604 LP, hereinafter referred to as “DFV”,
  2. Client The natural or legal person to whom DFV has issued any quotation, made an offer, or with whom they have entered into an agreement.
  3. Assignment The instruction given by the Client to DFV to advise on or mediate in the conclusion of a financial product.
  4. Financial Product A mortgage, insurance policy, savings account or loan, or a unit in an investment fund, as well as other products designated as such under Article 1:1 of the Wft, which DFV will advise on and/or for which DFV will facilitate upon request by the Client.
  5. Provider The party with whom the Financial Product is concluded.

Article 2: Assignment

  1. An agreement between the Client and DFV shall be deemed to have been concluded at the moment that DFV has accepted an Assignment in writing, or has commenced its execution. DFV is authorised to refuse Assignments given to it without stating any reason, even after it has sent a quotation to the Client for the performance of work.
  2. All Orders placed with DFV are solely entered into with and carried out by DFV, even if it is the Client's intention that the Order be carried out by a specific person working at DFV.
  3. Commissions provided to DFV will exclusively result in obligations of effort from DFV, not obligations of result, unless the nature of the commission provided or the agreement between the parties indicates otherwise.
  4. Unless otherwise agreed in writing, the deadlines specified by DFV for the execution of the Assignment entrusted to them shall never be considered as final.
  5. These general terms and conditions have also been stipulated for the benefit of the directors and/or partners of DFV and all persons employed by them. Their applicability shall continue to exist if the aforementioned directors/partners and/or other persons employed by them are no longer employed by DFV.
  6. Any purchasing or other conditions to which the Client refers when accepting an offer or quotation, or entering into an agreement, shall not apply, unless these have been accepted by DFV without reservation and in writing.

Article 3: Offers and quotations from the Provider and DFV advice

  1. Offers or quotations presented by a Provider to the Client by DFV are, unless expressly stated otherwise therein, non-binding and subject to acceptance by the relevant Provider.
  2. The Client cannot derive any rights from calculations made by DFV concerning the costs of a financial product and the potential impact thereof on the Client's (monthly) charges. These calculations are to be considered preliminary and indicative and may be subject to interim interest and premium changes. Only when a Provider has issued an offer which has been accepted by the Client can DFV provide a definitive calculation of the (monthly) charges.
  3. Advice provided by DFV to the Client are snapshots and based on simplified assumptions of the then current legislation and regulations. Only when a Provider has submitted a quote which has been accepted by the Client, can DFV provide a definitive calculation of the (monthly) charges.

Article 4: Communication

  1. In the event the Client sends DFV any digital message, they may only rely on confirmation that this message has reached DFV upon receiving a confirmation of receipt thereof, other than an automatic acknowledgement of receipt.
  2. General information provided by DFV, whether on the Internet or at the Client's request, is non-binding and shall never be considered advice given by DFV in connection with an assignment awarded to DFV, unless it is expressly stated otherwise by DFV or it concerns advice tailored to the Client's personal situation.
  3. Until the Client has notified DFV of a change of address, DFV may rely on the Client being reachable at the address provided by the Client when commencing the Assignment, including their e-mail address.

Article 5: Engaging third parties

  1. DFV is permitted to engage third parties for the execution of the Assignment granted to it, if necessary. Costs incurred by DFV in engaging these third parties will be charged to the Client.
  2. To the extent DFV must use advice prepared by external consultants in the performance of the Assignment granted to it, including advice from accountants, lawyers, tax specialists, etc., it shall consult with the Client beforehand as much as possible and exercise due care in selecting the relevant third party. DFV is not liable for (attributable) shortcomings of these external consultants. 
  3. DFV is, in the same way as for its own employees, responsible for third parties engaged by it in the execution of the Assignment given to it, which cannot be regarded as external advisors in the sense of Article 5.2. above, such as temporary staff, external administrative agencies, etc.

Article 6: Intellectual Property

  1. DFV reserves all rights relating to intellectual property used or previously used by it in the performance of the assignment. This includes, but is not limited to, computer programs, system designs, methods, advice, report templates, contracts, and other intellectual products of DFV, in the broadest sense of the word.
  2. The client shall not disclose the content of reports, advice or other statements, whether in writing or not, by DFV, which have not been prepared or made with the intention of providing the therein laid down information to third parties. The client shall also ensure that third parties, at least not without the express permission of DFV, cannot access the content referred to in the previous sentence.

Article 7: Fees and Payment

  1. The fee due to her for services rendered to DFV 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.
  2. If the parties have not made separate agreements on this, DFV's remuneration is included in the premiums to be paid by the Client to the Supplier. The Supplier shall pay this to DFV.
  3. Changes to taxes and/or levies imposed by the government will always be passed on to the Client. DFV is entitled to increase agreed rates during the term when, after acceptance of the Assignment, increases occur in the costs of materials or services required for the execution of the Assignment, and/or in other costs that affect DFV's cost price.
  4. In the case of DFV operating on a declaration basis, an advance payment may be charged, which the Client must pay before DFV commences the execution of the Assignment.
  5. Invoices from DFV must be paid by the Client within 14 days of the invoice date in the manner prescribed by DFV, unless otherwise agreed in writing or stated on the invoice.
  6. If the Client fails to pay premiums due on concluded insurance policies on time, the Provider may suspend cover under the insurance and refuse to pay out in the event of a claim. If the premium and/or interest payments relate to a concluded mortgage, the Provider may also decide to proceed with the forced sale of the real estate to which the concluded mortgage applies. DFV shall under no circumstances be liable to the Client in these instances.
  7. Set-off by the Client of amounts invoiced by DFV for its services against a counterclaim made by the Client, or suspension of payment by the Client in connection with a counterclaim made by the Client, shall only be permitted insofar as the counterclaim has been expressly and unconditionally acknowledged by DFV or irrevocably established by law.
  8. If the Client fails to pay the amounts invoiced by DFV within the agreed period, the Client shall, without the need for prior notice of default, be liable to pay statutory interest on the outstanding amount. If, even after being given notice of default, the Client continues to fail to pay the outstanding amount to DFV, DFV may outsource the recovery of its claim, in which case the Client shall also be liable to reimburse the extrajudicial debt collection costs. The amount of the extrajudicial debt collection costs is set at 15% of the amount for which payment is claimed.
  9. Payments made by the Client shall always first be applied to settle all accrued interest and costs, and subsequently to outstanding invoices, starting with the oldest outstanding invoice, even if the Client specifies that the payment relates to a later invoice.
  10. If, in DFV's opinion, the Client's creditworthiness gives cause for it, DFV shall be entitled to suspend the provision of its services until the Client has provided sufficient security for its payment obligations.

Article 8: Client Information

  1. The Client shall at all times, both upon request and proactively, provide DFV with all relevant information it requires for the correct execution of the Assignment entrusted to it. This shall include, but not be limited to, situations where such changes occur in the Client's family composition, income, asset situation, business purpose, business size, inventory management, etc., that DFV would have to adjust its advice accordingly or that already concluded financial products may no longer be adequate.
  2. DFV can only fulfil its duty of care to the Principal if the Principal strictly adheres to what is stipulated in 8.1.
  3. If data necessary for the execution of the agreed Assignment is not made available to DFV, or not made available in a timely manner or not in accordance with the agreements made, or if the Client otherwise fails to meet its (information) obligations, DFV shall be entitled to suspend the execution of the Assignment.
  4. The Client is solely responsible for the accuracy and completeness of all information provided by them to DFV. If the untimely, inaccurate or incomplete delivery of information results in DFV having to spend more time or incur additional costs in carrying out the Assignment, DFV shall charge the Client the fee attributable to that extra time and/or the additional costs incurred.
  5. If it subsequently transpires that the Client has provided incorrect or incomplete information on the basis of which DFV has carried out the Assignment, the Provider may be entitled, on the grounds of its (general) policy conditions, to terminate the insurance or credit (with immediate effect), or to decide not to compensate for any damage suffered.

Article 9: DFV's Liability

  1. Any liability of DFV, as well as that of its directors, partners, employees, and any persons engaged by DFV in the performance of the Assignment, shall be limited to the amount paid out in the relevant case under DFV's professional liability insurance, including the deductible to be borne by DFV. Upon request, further information regarding the professional liability insurance will be provided to interested parties.
  2. In the event that the professional liability insurance of DFV referred to in Article 9.1 does not provide cover in a specific case, the liability of DFV, as well as its directors, partners, employees, and the persons engaged by DFV in the performance of the Assignment, shall be limited to a maximum of the total fee charged to the Client in respect of the Assignment that gave rise to the damage. If DFV has not charged any fee for its services to the Client, the liability of DFV and its persons shall be limited to the premium charged by the Financial Institution to the Client.
  3. The execution of the provided Assignment is exclusively for the benefit of the Client. Third parties cannot derive any rights from the content of the work carried out for the Client.
  4. DFV shall not be liable for damage suffered by the Client or third parties as a result of incorrect, incomplete or untimely information provided by the Client.
  5. DFV shall not be liable for any damage whatsoever arising from errors in software or other computer programs used by DFV, unless this damage can be recovered by DFV from the supplier of the relevant software or computer program.
  6. DFV shall not be liable for any damage whatsoever arising from the circumstance that (email) messages sent by the Client to DFV have not reached DFV.
  7. DFV shall never be liable for any damages whatsoever arising from the circumstance that the Client has not paid the premiums and/or interest charged to him for financial products, concluded through DFV's intermediation, on time.
  8. DFV shall not be liable for any damage whatsoever resulting from the circumstance that a financing contingency agreed upon by the Client and their counterparty has expired.
  9. DFV shall not be liable for any damages whatsoever caused by the Provider's failure to ensure, or failure to do so in a timely manner, that the necessary documents for passing the mortgage deed are ready and/or that the funds are not deposited with the notary or are not deposited in a timely manner.
  10. In cases where DFV advises or mediates the conclusion of financial products that include an investment and/or investor component, DFV shall provide a forecast regarding the potential results that can be achieved with the product concerned. This shall serve only as an indication. DFV shall never be liable for any damage incurred by the Client or third parties, whether directly or indirectly resulting from a (disappointing) value development of financial products and/or (disappointing) results, returns, profitability, etc., of financial products. Furthermore, DFV shall not be liable for damage incurred as a result of errors or inaccuracies in forecasts from third parties, including any Provider, concerning achievable results, returns, profitability, etc.
  11. The provisions of this article do not affect DFV’s liability for damage caused by the wilful intent or conscious recklessness of its partners and/or employees.
  12. The Client is entitled to dissolve any agreement with DFV if, after being duly served with a notice of default, DFV demonstrably fails to fulfil its obligations towards the Client. Payment obligations that have arisen before the time of dissolution and/or relate to services already rendered shall remain payable by the Client without prejudice.

Article 10: Force Majeure

  1. DFV shall not be held to the performance of any obligation if it is not reasonably possible for DFV to do so as a result of changes in the circumstances as they were at the time the obligations were entered into, which changes are not attributable to DFV.
  2. A failure by DFV to fulfil an obligation shall in any event not be attributable to DFV or for its risk in case of default and/or failure by or with its suppliers, subcontractors, carriers and/or other third parties engaged, in case of fire, labour disputes or exclusion, riots or civil commotion, war, governmental measures, including export, import or transit bans, frost and all other circumstances of such a nature that continued adherence cannot reasonably be expected of DFV.

Article 11: Protection of personal data

  1. Personal data provided by the Client to DFV shall not be used or disclosed by DFV to third parties for purposes other than those necessary for the performance of the Assignment entrusted to it, except where DFV is obliged by law or public order, in the course of its business, to provide the relevant data to an authorised body.

Article 12: Complaints Institute

  1. DFV is affiliated with the Financial Services Complaints Institute (KIFID) under number 300.016107. A dispute arising from quotes, offers, and agreements to which these terms and conditions apply may, at the Client's choice, be submitted for binding advice to either the Disputes Committee Financial Services or the civil court.
  2. DFV agrees in advance to binding advice given by the Disputes Committee for Financial Services, insofar as the value of the dispute submitted does not exceed €25,000 (twenty-five thousand euros). If the dispute in question exceeds the mentioned monetary value, DFV has the option not to comply with binding advice.

Article 13: Forfeiture of rights

  1. Complaints concerning work carried out by DFV or the amount charged by it must, on penalty of forfeiture of rights, be submitted in writing to DFV within 60 days after the Client has received the documents, information or invoice to which its complaint relates, or could reasonably have become aware of the defect in DFV's performance as noted by them. The submission of a complaint never suspends the payment obligations of the Client.
  2. All claims and other rights of the Client, for whatever reason, in connection with work carried out by DFV shall in any event become time-barred five years after the moment the Client became aware, or could reasonably have become aware, of the existence of these rights and powers.

Article 14: Miscellaneous

  1. Dutch law applies to all offers and quotations issued by DFV, as well as to the Orders accepted by it.
  2. In the event that the content of written agreements made between DFV and the Client deviates from what is stipulated in these general terms and conditions, the written agreements shall prevail.
  3. Deviations from and/or additions to these general terms and conditions shall only bind DFV insofar as these have been expressly agreed upon in writing between DFV and the Client.
  4. If any provision of these general terms and conditions proves to be void, only that specific provision shall be excluded; all other provisions shall remain fully applicable.
  5. DFV is entitled to unilaterally amend the content of these general terms and conditions at any time. Should DFV decide to make mid-term amendments, it shall inform the Client, simultaneously sending the revised general terms and conditions. The Client is entitled to object to the applicability of the amended terms and conditions within 30 days of the date on which they are notified of the said changes. In such cases, the parties shall enter into consultation regarding the content of the applicable general terms and conditions. If the Client does not object to the amended content of the general terms and conditions, these shall govern the agreements made between the parties from the date specified by DFV.