general TErms & Conditions
gimbrere abogados b.v.
general terms and conditions gimbrere abogados b.v.
These general terms and conditions apply to all legal services provided by Gimbrere Abogados B.V. Our aim is transparency and legal certainty for our clients. For any questions about our terms and conditions, please contact us at info@gimbrerelegal.com or call +34936097038.
Article 1: Definitions
Gimbrere Abogados
The private limited liability company registered with the Dutch Chamber of Commerce under number 72940522 and VAT number NL859293567B01, NIF: N0093018J.Gimbrere
The private limited liability company registered with the Dutch Chamber of Commerce under number 86275992 and VAT number NL863917495B01.Gimbrere Legal
The trade name used, among others, by Gimbrere Abogados. The Engagement Agreement is always entered into with a private limited liability company and never with the trade name. Please verify with which entity the agreement is concluded.Client
Any natural or legal person who, for any reason and in the course of their profession or business, enters into an agreement with Gimbrere Abogados.General Terms and Conditions
These present conditions under which Gimbrere Abogados will carry out its services.Engagement Agreement
The written confirmation of the arrangements between the Parties regarding the services of Gimbrere Abogados for the Client. The Engagement Agreement shall specify with which entity the agreement is concluded.Parties
On the one hand the Client, and on the other hand Gimbrere Abogados.
Article 2: Contact Details
Spain
Barcelona, Carrer de la Marina 16-18, Mapfre Tower, 27th Floor, 08005 Barcelona
+34 (0)936 09 70 38
+31 (0)76 514 05 05
barcelona@gimbrerelegal.com
Italy
Rome, Via Vittorio Veneto 54b, 00187 Rome
+39 06 4525 8854
+31 (0)76 514 05 05
roma@gimbrerelegal.com
Article 3: Engagement Agreement
The Engagement Agreement shall state in writing whether the Client enters into an agreement with Gimbrere Abogados or another legal entity. An agreement shall never be entered into with multiple parties simultaneously unless explicitly recorded in writing. Without explicit confirmation, no agreement shall arise with any entity not mentioned in the Engagement Agreement. The Engagement Agreement is a best-efforts obligation and never a results-based obligation, unless explicitly agreed otherwise in writing. No specific result is guaranteed.
The mere fact that employees of another entity perform (supporting) work under the Engagement Agreement does not establish an Engagement Agreement with such entity.
All work relating to Spanish, Uruguayan, and Italian law shall be exclusively carried out by Gimbrere Abogados, typically from offices in Spain, Italy, or Uruguay. Gimbrere Abogados will never provide legal advice on Dutch law. The working language is Spanish, Italian, or English.
Article 4: Applicability
These General Terms and Conditions apply to all work arising from the Engagement Agreement. This also applies to follow-up assignments and the phase preceding the Engagement Agreement.
These General Terms and Conditions apply not only to work performed by employees of Gimbrere Abogados but also to work performed by lawyers affiliated as independent practitioners.
Deviations from agreed terms must always be in writing.
The Client’s general terms and conditions are not applicable.
Gimbrere Abogados may amend or supplement these General Terms and Conditions at any time for future work.
Article 5: Fees, Costs, Advance Payment, and Payment
Gimbrere Abogados invoices a standard hourly rate on a monthly basis in units of 6 minutes. Time spent is rounded up to units of 6 minutes. If the standard hourly rate is deviated from, this will be confirmed in writing. The Client must take into account that every case is unique and that it is reasonably not always possible for Gimbrere Abogados to indicate in advance how many hours will be needed to perform an assignment. As a general rule, a Client should consider that an extrajudicial procedure may take between 0 and 30 hours. A standard legal procedure (summons – defense – hearing – judgment) may take between 30 and 50 hours. A case involving both negotiation and litigation may take between 60 and 80 hours. These estimates are merely indicative, as the actual number of hours also depends on the number of contacts between the handling lawyer and the Client. Furthermore, the time required depends on whether negotiations must take place and/or the scope of the opposing party’s procedural documents. It is also relevant how the documents are submitted by the Client. If documents are provided in an orderly and concrete manner, it will generally take less time to process them. Actual time spent may therefore be lower or higher than the estimates mentioned. For this reason, the Client is advised to carefully review the specifications accompanying the invoices of Gimbrere Abogados and/or Gimbrere monthly. The invoice specification contains an explanation of the work performed during the past period. If more than 30 or 80 hours respectively are spent on a case, Gimbrere Abogados and the Client will re-discuss the further time investment necessary to complete the case. Should any dispute arise over the work performed by Gimbrere Abogados in combination with the agreed hourly rate, a reasonable hourly rate shall always be payable.
Court costs, attorney fees, translation costs, bailiff costs, postage costs, travel and accommodation expenses are charged in addition to the hourly rate of Gimbrere Abogados. Gimbrere Abogados reserves the right not to appear as an attorney in a new or ongoing procedure before the court if an invoice from Gimbrere Abogados has not been paid. The Client then runs the risk of a default judgment being issued without defense. Gimbrere Abogados is not liable for such consequences.
Rates mentioned in the Engagement Agreement or in a quotation are always exclusive of 21% VAT, unless stated otherwise. The agreed hourly rate will be indexed annually on January 1st based on the inflation factor calculated by the Central Bureau of Statistics (CBS). More information can be found at https://www.cbs.nl.
Gimbrere Abogados does not offer services based on subsidized legal aid (pro bono / legal aid certificates).
All agreements between Gimbrere Abogados and the Client shall be confirmed in writing. If the arrangements recorded in the Engagement Agreement are incorrect, the Client must notify Gimbrere Abogados within 5 working days of sending the Engagement Agreement via info@gimbrerelegal.com. If the Client does not do so, Gimbrere Abogados will assume the recorded agreements correspond to those made.
In many cases, Gimbrere Abogados will request an advance payment before starting its work. Therefore, it is possible that Gimbrere Abogados will only commence its work after an advance has been paid. If the work has already begun, the Client remains liable for payment of the work already performed. Gimbrere Abogados is also free to demand an additional advance if deemed necessary for future work.
The work of Gimbrere Abogados is invoiced by Gimbrere. Payment must be made to bank account NL17 RABO 0197 9750 03, BIC: RABONL2U, in the name of Gimbrere B.V. The fact that Gimbrere handles invoicing does not make it a party to the Engagement Agreement, nor is it liable to the Client.
For the sake of clarity, it is noted that Gimbrere Abogados’ claim on the Client is assigned to Gimbrere, from which invoicing and collection take place. In legal proceedings, Gimbrere will claim payment of the invoice.
Please note: Legal proceedings before a court carry risks. Gimbrere Abogados cannot provide any guarantee that the desired result will be achieved. In many cases, the losing party is ordered to pay legal costs. This often means the losing party must reimburse part of the other party’s legal costs. A court may also decide that each party must bear its own costs. Gimbrere Abogados will never be liable for such costs.
Article 6: Suspension, Termination, and (Interim) Cancellation
Gimbrere Abogados may suspend its services under the Engagement Agreement at any time. This may occur if the Client fails to pay an invoice. Gimbrere Abogados shall not pay any compensation in such cases, even if deadlines are missed due to non-payment by the Client.
Gimbrere Abogados may terminate the Engagement Agreement with immediate effect if it is impossible for it to perform its services satisfactorily.
In some cases, Gimbrere Abogados may refuse to take on an assignment from the Client. Due to its duty of confidentiality, Gimbrere Abogados is not required to provide reasons for such refusal.
If the Engagement Agreement is terminated by the Client, the Client must pay for the services rendered up to that point. Any payment arrangements will immediately lapse.
If the Client experiences financial difficulties, such as liquidation, (application for) suspension of payments or bankruptcy, seizure, debt restructuring, or any other circumstance that prevents free disposal of assets, Gimbrere Abogados may terminate the Engagement Agreement immediately. Gimbrere Abogados shall not be obliged to pay any compensation or damages.
If the Client cancels the Engagement Agreement to have the work continued by another lawyer, Gimbrere Abogados is not obliged to cooperate in providing documents, unless all outstanding invoices have been paid and the final settlement has been completed.
Article 7: Payment Terms, Default, and Collection Costs
Depending on the type of invoice, payment terms of 3, 7, or 14 days apply. These terms are stated on the invoice.
If the Client fails to pay an invoice on time, the Client is in default from the invoice due date. Should the Client fail to pay even after reminders, collection proceedings will be initiated. Interest will be charged: statutory interest (Article 1108 Spanish Civil Code) for private Clients, statutory commercial interest (Ley 3/2024) for business Clients, from the date of default until payment.
If Gimbrere Abogados and/or Gimbrere owes any amount to the Client, this may be offset against the Client’s debt. The reverse does not apply.
If the Client fails to comply with an agreed payment arrangement, it will lapse from the first day a payment is missed. Gimbrere Abogados and/or Gimbrere is not obliged to agree to a new payment arrangement. The outstanding amount, including interest and costs, becomes immediately due.
Article 8: Complaints Period
If the Client is dissatisfied with the services of Gimbrere Abogados or disputes the amount of the invoice, the Client must notify Gimbrere Abogados in writing and as detailed as possible within 3 months of the conduct or invoice date. This must be done exclusively via info@gimbrerelegal.com. Complaints submitted outside this period will no longer be considered. Submitting a complaint does not suspend the Client’s payment obligation.
If the Client complains too late, the Client is not entitled to compensation or cancellation.
Article 9: Liability
Gimbrere Abogados is insured in accordance with the conditions set by the Ilustre Colegio de la Abogacía de Barcelona (ICAB). Further information regarding coverage, insurer, and policy number will be provided upon request by the Client.
If the Client provides incorrect or incomplete information and/or is unreachable by Gimbrere Abogados, Gimbrere Abogados shall not be liable for any resulting damages.
The liability of Gimbrere Abogados shall never exceed the amount paid by the insurer in a specific case. Gimbrere Abogados has liability insurance with a maximum coverage of one million euros. If the liability insurance does not provide coverage, the liability of Gimbrere Abogados shall never exceed the total amount invoiced by Gimbrere Abogados to the Client over the past 5 years combined.
Gimbrere Abogados is only liable for direct damages. This includes reasonable costs for determining the cause and scope of the damage, the costs incurred by the Client to ensure that the defective performance meets the agreement, or costs incurred by the Client to prevent or limit damages. This only applies if the Client proves that these costs have led to the limitation of direct damages.
Gimbrere Abogados shall never be liable for indirect damages. Indirect damages include, but are not limited to, loss of profits, loss of goodwill, reputation, trade, or contracts, missed savings, and business interruption damages.
The limitation of liability does not apply in cases of gross negligence (culpa grave) or intentional misconduct (dolo) by Gimbrere Abogados or its employees, pursuant to Articles 1101 and 1902 of the Spanish Civil Code (Código Civil).
If the Client has taken out insurance covering the damage, Gimbrere Abogados is in any case not obliged to pay any compensation to the Client or their insurer.
The Client must always provide documents digitally to the handling lawyer of Gimbrere Abogados, unless agreed otherwise. If the Client nevertheless sends original or other physical documents to Gimbrere Abogados, Gimbrere Abogados accepts no responsibility for these documents. Gimbrere Abogados does not maintain a physical archive and cannot be held liable for the possible unavailability of original documents after some time. Upon the Client’s written request, original documents will be returned to the Client at their expense.
Article 10: Force Majeure
It is possible that Gimbrere Abogados cannot fulfill its obligations under the agreement due to a situation of force majeure. As Gimbrere Abogados cannot influence such situations, it shall not be liable for the failure to perform the Engagement Agreement as agreed.
Force majeure is defined as “any circumstance beyond one’s control and/or any unforeseen circumstance which wholly or partially prevents the fulfillment of obligations.” This is a legal definition of a situation arising without any influence from Gimbrere Abogados. Examples include:
illness among staff
departure of staff
business disruptions
power outages
pandemics
failure or delay of engaged third parties
Article 11: Retention Period
After the Client’s file is closed, Gimbrere Abogados will store the Client’s data in a digital archive. The digital file will be kept for five years, starting from the date of the last invoice sent to the Client. Financial records will be kept for seven years, starting from the closure of the file. Data will be stored digitally only, not physically. Any physical documents will be digitized and destroyed. If the Client wishes to receive physical documents (returned), this must be explicitly and in writing requested.
Unless Gimbrere Abogados has a valid reason not to do so, it shall destroy the Client’s file and financial records after this retention period.
Article 12: Personal Data
To the extent permitted, by accepting the Engagement Agreement, the Client expressly agrees to the inclusion and processing of (personal) data in the administration of Gimbrere Abogados and/or Gimbrere, in accordance with Regulation (EU) 2016/679 (GDPR) and Organic Law 3/2018 on the protection of personal data and the guarantee of digital rights (LOPDGDD). These data will be used for professional purposes without notification. Additionally, the data will be used when creating new cases to ensure there is no conflict of interest on the part of Gimbrere Abogados. This is to prevent Gimbrere Abogados from accepting a new assignment where the Client is the opposing party.
Naturally, Gimbrere Abogados handles Client data with care. All employees are informed of the GDPR and are subject to confidentiality obligations. If the Client believes their data is not properly secured, they may notify Gimbrere Abogados.
Gimbrere Abogados uses electronic communication (internet and email). Although data is handled with care, absolute security cannot be guaranteed against unauthorized access.
In some cases, the Client’s data must be used to investigate, prevent, and combat fraud.
The (personal) data include, among others, identification data:
First and last name: for identification purposes
Citizen Service Number: required if the Client wishes to register in another country; data of any partner must also be provided
Address details: to send correspondence
Telephone number: for quick communication
Payment details: to link payments to invoices
Email address: most correspondence will be via email; also used for newsletters
Data is processed based on:
performance of the agreement (Article 6(1)(b) GDPR)
compliance with legal obligations
the legitimate interest of Gimbrere Abogados in providing its services
The Client has the right to access, rectify, erase, restrict processing, data portability, and object to processing, as set out in Articles 15-22 GDPR. Requests should be sent to info@gimbrerelegal.com.
The Client also has the right to lodge a complaint with the Spanish supervisory authority: Agencia Española de Protección de Datos (www.aepd.es).
Gimbrere Abogados uses electronic communication. Although data is handled with care, absolute security cannot be guaranteed. In exceptional cases, data may be shared with third parties such as bailiffs or courts if necessary for performing the assignment.
Personal data will not be kept longer than necessary. However, the retention periods in Article 11 of these Terms and Conditions apply.
Part of entering into the Engagement Agreement is Gimbrere Abogados verifying the Client’s identity. For this reason, the Client may be asked for identification. In accordance with the GDPR, such data will not be retained after verification.
If the Client wishes to access, amend, or delete their data from Gimbrere Abogados’ systems, they can contact info@gimbrerelegal.com.
Article 13: Applicable Law and Competent Court
All offers and agreements between Gimbrere Abogados and the Client are exclusively governed by Spanish law. The applicability of the Vienna Sales Convention or other international treaties is excluded.
Any dispute between Gimbrere Abogados and the Client arising from an offer or Engagement Agreement may only be submitted to the competent court in Barcelona, Spain, with the right to appeal and cassation. If the Client is a consumer, Article 29 of the Spanish Civil Procedure Act (Ley de Enjuiciamiento Civil) shall apply.
