Terms and Conditions
Data protection
We have to point out that data transmission over the Internet, when communicating by email or on Internet sites,
can have security gaps. Perfect protection of data against access by third parties is unfortunately not possible for technical reasons.
The confidential treatment of the information you provide to us can only be guaranteed from the time and for the time
that the data is in our possession.
In addition, as a law firm, we are obliged by professional rules to check, before we take on a new mandate,
whether there is a possible conflict of interest with our previous clients,
and also whether another lawyer may already be working on the same matter.
Any transfer of personal data, as well as other information provided by you, for commercial purposes or without your consent is excluded.
When you visit our website, information about the access (date, time, page viewed) may be stored on the server. This data is not personal data and it is anonymized. It is evaluated solely for statistical purposes.
There will be no transfer to third parties for commercial or non-commercial purposes.
This website uses Google Analytics, a web analysis service provided by Google Inc. ("Google").
Google Analytics uses so-called "cookies", text files that are stored on your computer and that enable an analysis of your use of the website.
The information generated by the cookie about your use of this website (including your IP address) is transmitted to a Google server
in the USA and stored there. Google will use this information to evaluate your use of the website,
to compile reports on website activity for website operators and to provide other services related to website activity and internet usage.
Google may also transfer this information to third parties if this is required by law or if third parties process this data
on behalf of Google. Google will under no circumstances associate your IP address with other data stored by Google.
You can prevent the installation of cookies by setting your browser software accordingly;
we would like to point out, however, that in this case you may not be able to use all functions of this website to their full extent.
By using this website, you consent to the processing of data about you by Google in the manner and for the purposes set out above.
Liability for Content
The information on this website is for information purposes only and cannot replace legal or tax advice for individual cases, in which all specific aspects are thoroughly analyzed. Should a person make a decision in an individual case based on the above information, we accept no liability for any damage that may arise as a result.
We reserve the right to change, delete, update or add to the information, details and offers on our website at any time. None of the offers on the website represent binding offers.
We make every effort to present the information on our website correctly and to update it on a regular basis. However, we cannot guarantee that the information is correct, complete or up-to-date.
Liability for external links
Our website contains links to third-party websites over whose content we have no influence.
For this reason, we accept no responsibility for this external content.
The respective provider or operator of the site is always responsible for the content of the linked pages.
The linked pages were checked at the time of linking.
However, permanent monitoring of the linked pages is not reasonable.
If we become aware of any discrepancies or violations of law, we will remove such links immediately.
Copyright
Unless otherwise stated, this website and all its contents are the property of Law Firm Makszem-Dumbraveanu in Timisoara, Romania.
The content of this website may not be reproduced, edited, forwarded, stored, published, or distributed in any way,
only copies may be made for personal, non-commercial use.
General terms and conditions of business
The law firm Makszem-Dumbraveanu, hereinafter referred to as the law firm, offers legal advice for a wide range of legal problems, as well as representation in negotiations, authorities and institutions in Romania.Customers have the choice of entering into a legal assistance contract with the law firm for simple legal advice to a certain extent at a fixed price, or for unrestricted legal assistance with billing based on the effort involved.
The law firm offers fixed-price packages for legal advice and initial advice in a simplified electronic form.
This is intended to enable customers to have simple legal questions answered, the legal situation in Romania clarified, or the legal options and procedural costs assessed at manageable costs.
For all other cases, customers will receive an offer for billing according to expenditure upon request.
All prices include statutory sales tax.
In order to be able to guarantee the best possible service for our customers, the law firm works with its customers in the following steps:
- The customer submits a request to the law firm via an online form or by email, describes the most important facts and dates, and states the desired billing method.
- The law firm checks the request and makes the customer an offer by email or rejects the request by email.
- The customer can accept the offer and transfers the required payment/deposit to the law firm's account as order confirmation.
- A legal assistance contract between the customer and the law firm is only concluded when payment is received.
- When billing according to expenditure, the customer must first send a signed legal assistance contract back to the law firm.
- Once the consulting service has been provided, the fixed-price orders are terminated and all further obligations for the customer or the law firm are excluded.
- Orders with billing based on expenditure are billed periodically with an activity report and continued step by step after receipt of payment.
- The final invoice is issued at the end of the order.
§ 1 Validity of the conditions
The services of the law firm are provided exclusively on the basis of these terms and conditions.These also apply to all future business relationships, even if they are not expressly agreed again, and as long as new terms and conditions are not agreed by means of a follow-up contract.
§ 2 Begin of the contract
The offers of the law firm become part of these terms and conditions from the moment they are published and in published form.By submitting the online request, the customer agrees to these general terms and conditions.
After the offer has been sent, the customer can decide whether to agree to the legal assistance contract or not.
With the acceptance of the offer and receipt of the agreed down payment in the law firm's account, a legal assistance contract is concluded between the customer and the law firm.
If the customer does not agree to the lawyer's cost estimate by email or fails to respond or transfer the money, no legal assistance contract is concluded. In this case, there are no costs for the customer.
The customer must ensure that the answer can be delivered by providing a valid email and postal address.
§ 3 Non-acceptance of an inquiry
The law firm can refuse to accept an inquiry if the inquiry is not suitable for the law firm to provide advice, the personal details or address of the person making the inquiry are incomplete or obviously incorrect, or the person cannot answer the inquiry.The law firm also has the option of rejecting inquiries if there are conflicts of interest.
If there are still outstanding payments from previous inquiries, the law firm can refuse to provide advice without giving any further reasons.
Offers are binding for 30 days. If the deposit is not received in the law firm's account within this time, the law firm is entitled to reject the order.
The law firm will inform the customer of the non-acceptance by email free of charge.
§ 4 Obligations
When the legal assistance contract is concluded, the law firm is independently obliged to provide the customer with the legal assistance requested to the extent requested.This results in the customer being obliged to reimburse the law firm for the consulting costs.
§ 5 Prices
Prices are generally based on the Romanian Lawyers' Remuneration Act (RVG).When calculating the fees, the overall circumstances (e.g. processing effort and value of the matter) must be taken into account in each individual case and the fee must be in an appropriate proportion to the lawyer's performance and responsibility.
§ 6 Right of withdrawal
If a legal assistance contract is concluded, the customer has a right of withdrawal according to Section 9 Paragraph 1 O.U.G. No. 34/2014. The withdrawal does not require any justification. The withdrawal period is two weeks and begins with the conclusion of the contract.However. the right of withdrawal expires according to Section 9 Paragraph 2 O.U.G. No. 34/2014, at the latest, as soon as the law firm has started to provide the service with the consent of the requester before the end of the withdrawal period or the requester has initiated this himself.
§ 7Invoicing and payment
The invoice will be sent by email after receipt of the offer acceptance.The customer is obliged to transfer the invoice amount without deductions to the bank account provided by the law firm within 10 days of receipt of the invoice.
The entire collaboration takes place step by step.
Services are only provided after receipt of the required advance payments.
For contracts that are billed based on time and effort, the law firm periodically informs the client with an activity report on the services provided and issues an invoice for this.
For contracts based on time and effort, any amounts paid in excess will be refunded after the final settlement if the remaining amount exceeds EUR 10.
If the amount owed has not been received in the law firm's account within 14 days of the invoice being sent, a reminder will be sent to the client automatically.
For this and for each subsequent reminder, a flat-rate reminder fee of EUR 25 will be charged.
If outstanding amounts from the final settlement are not paid within the period specified in the reminder, legal action will be taken against the client.
If transfers are made from abroad, the client must bear all the necessary fees themselves.
§ 8 Termination
The customer can terminate the legal assistance contract without giving reasons.Excluded from termination are services that have already been provided, services that have been partially provided to the extent that they have been realized, as well as unavoidable and future services provided by the law firm as a result of steps and procedures that have already been initiated.
The law firm's claim against the customer for reimbursement of third-party claims arising from the terminated contract remains unaffected by the termination.
The law firm can terminate the legal assistance contract if the customer fails to comply with his duty to cooperate by not passing on or withholding known information in a timely manner, or if he does not answer the law firm's queries completely or in a timely manner.
The law firm can terminate the legal assistance contract or stop providing services if the customer falls more than 14 days behind on payments.
§ 9 Confidentiality/Data Protection
The inquiries and the answers as well as the entire processing between the customer and the law firm are confidential. No customer data is passed on to third parties without their explicit consent.If conflicts of interest arise, the law firm will reject the inquiry.
The law firm maintains absolute confidentiality regarding information that has arisen from the consultation. Data is only stored and processed for the purpose of carrying out the consulting work.
E-mails are sent unencrypted. The customer is informed that the confidentiality of the content cannot be guaranteed when sending e-mails.
All inquiries are answered carefully and conscientiously.
Claims for damages arising from positive breach of contract, from fault when concluding the contract and from tort are excluded against the law firm unless the damage was caused intentionally or through gross negligence. This does not apply to claims for damages arising from assurances of quality.
There can be no guarantee that legal assistance contracts will be concluded.
Technical faults that lead to a delay in answering the request do not entitle the client to a reduction in the consultation fee.
No liability is accepted for material sent in.
It is the client's responsibility to check whether the consultation costs are covered by their insurance. The law firm is not obliged to cooperate in this regard.
The relevant insurance companies will provide information. No orders will be carried out that are related to the Legal Aid Act.
§10 Place of jurisdiction
As far as legally permissible, the place of jurisdiction is Timişoara, Romania.The relevant law of Romania always applies, even if the client is based abroad.
§ 11 Severability Clause
If a provision of the General Terms and Conditions is or becomes invalid, the remaining content of this contract will not be affected thereby.The invalid provision shall be replaced by a provision that comes closest to the meaning and purpose of the invalid provision in a legally effective and economic manner.