Terms and conditions

Article 1 Applicability

These general terms and conditions apply to all services provided by Belderbrandt.

Services means all work that Belderbrandt carries out for the client following an instruction from the client, including work connected with or arising from it. Client means the natural person or legal entity that instructs Belderbrandt, orally or in writing, to provide services.

Article 2 Performance of the work

Belderbrandt determines how the work is carried out.

An agreement is formed the moment Belderbrandt confirms an instruction in writing, or the moment Belderbrandt starts carrying it out. Belderbrandt may decline an instruction without having to give reasons.

Belderbrandt carries out the work to the best of its knowledge and ability, with the care that may be expected of an expert mortgage adviser. Belderbrandt cannot guarantee any particular result.

Belderbrandt does not monitor deadlines in agreements to which the client itself is a party, unless this has been expressly agreed.

Offers or quotations that Belderbrandt presents to the client on behalf of a financial institution are without obligation and subject to acceptance by that financial institution, unless expressly stated otherwise.

The client cannot derive any rights from calculations that Belderbrandt prepares for the client. This applies, among other things, to calculations of monthly payments, early repayment charges, the costs of a financial product and their tax consequences. These calculations are indicative, may change in the meantime and do not constitute an offer within the meaning of the Dutch Civil Code.

Advice given by Belderbrandt is based on the laws and regulations in force at the time the advice is given and represents a snapshot in time.

Article 3 Information to be provided by the client

The client provides Belderbrandt in good time with all information and documents needed for the proper performance of the work.

The client is responsible for the accuracy and completeness of the information that the client, or someone on the client's behalf, provides to Belderbrandt.

If the client notices that Belderbrandt makes a mistake in carrying out the work, the client reports this to Belderbrandt immediately. If the client fails to do so, even though the client noticed the mistake or should reasonably have noticed it, Belderbrandt is not liable for the damage that results.

The client informs Belderbrandt of changes in the client's personal situation that may affect the advice.

Belderbrandt can only fulfil its duty of care and carry out its work properly if the client complies with this article.

Article 4 Fees

The client owes Belderbrandt a fee for the services provided. The applicable rates are set out in the services document (dienstverleningsdocument) and are discussed with the client before the instruction begins.

Changes in taxes or levies imposed by the government are passed on to the client. Belderbrandt may adjust its rates in the interim. Instructions already under way are completed at the rate agreed at the start of the instruction.

Invoices from Belderbrandt are paid by the client, directly or through the civil-law notary, within the payment term stated on the invoice.

If the client disputes an invoice, the client remains obliged to pay at least the undisputed part of the invoice.

If an invoice remains unpaid after a payment reminder, the client owes statutory interest on the outstanding amount, as well as the extrajudicial collection costs.

The client may only set off a fee owed to Belderbrandt against a counterclaim, or suspend payment of it, if Belderbrandt has expressly and unreservedly acknowledged that counterclaim or if it has been irrevocably established by the courts.

Payments by the client are applied first to outstanding interest and costs, and then to the oldest outstanding invoice.

Article 5 Liability

Belderbrandt's liability is limited to the amount paid out in the case concerned under Belderbrandt's professional liability insurance, including the excess borne by Belderbrandt.

If this insurance provides no cover in a specific case, Belderbrandt's liability is limited to the fee that Belderbrandt has received, or would still receive, for the work concerned.

Belderbrandt is only liable to the client for a shortcoming in the performance of the instruction to the extent that the shortcoming consists of a failure to exercise the care and expertise that the client was entitled to expect from Belderbrandt. Belderbrandt is not liable for:

• damage suffered by the client or third parties resulting from incorrect or incomplete information that the client provided to Belderbrandt, or otherwise resulting from the client's acts or omissions;
• damage arising from errors in software or other computer programs that Belderbrandt uses, unless and to the extent that the supplier of that software has accepted liability towards Belderbrandt and has compensated the damage;
• indirect damage, such as consequential damage, lost profit, missed savings or disappointed expectations;
• disappointing investment results;
• damage suffered by the client or third parties resulting from the client's failure to comply, on time or in full, with obligations imposed on the client by the financial institution in connection with a financial product applied for or taken out through Belderbrandt;
• damage suffered by the client or third parties resulting from the acts or omissions of a financial institution with which, through Belderbrandt, a financial product has been applied for or taken out for the client;
• damage suffered by the client or third parties resulting from the expiry of deadlines in agreements to which the client itself is a party.

The above does not affect Belderbrandt's liability for damage caused by Belderbrandt's intent or gross negligence. A claim for damages lapses one year after the error on which the claim is based was discovered or could reasonably have been discovered.

Article 6 Data processing

Belderbrandt processes the data and information provided by the client, or by someone on the client's behalf, in accordance with the General Data Protection Regulation (GDPR).

Belderbrandt does not use the client's data, or provide it to third parties, for purposes other than carrying out the instruction or corresponding with the client, unless Belderbrandt is required by law or public order to provide the data to a designated authority, or where Belderbrandt acts on its own behalf in legal proceedings.

Without Belderbrandt's prior written consent, the client does not disclose the content of advice or other written statements from Belderbrandt and does not make them available to third parties, except where this is done to obtain an independent expert opinion on Belderbrandt's work in connection with a dispute between the client and Belderbrandt.

At the client's written request, Belderbrandt removes the client's personal data from its mailing lists. This does not affect the information that Belderbrandt is legally required to provide, for example in the event of material changes to a financial product taken out for the client.

Article 7 Third-party costs

Costs charged by third parties, for example for a valuation or a bank guarantee, are charged to the client directly by those third parties. These costs are not part of the fee that Belderbrandt charges the client.

Article 8 Force majeure

Belderbrandt is not required to perform an obligation if this is not reasonably possible due to a change in circumstances beyond Belderbrandt's control.

Article 9 Choice of law

All claims are governed by Dutch law. Disputes between Belderbrandt and its contracting party are submitted to the Dutch courts; the Zeeland-West-Brabant District Court has jurisdiction.

Belderbrandt Hypotheek Tilburg B.V.