Terms of Service

 

The law firm Makszem-Dumbraveanu, hereinafter referred to as the law firm, offers legal advice on a wide variety of legal problems, as well as representation in negotiations, authorities and institutions in Romania.
Customers have the choice of entering into a legal aid contract with the law firm via simple legal information to a certain extent at a fixed price, or via unrestricted legal aid with billing based on expenditure.
The law firm offers fixed price packages on its website for legal information and initial advice in a simplified electronic form.
The aim is to enable customers to answer simple legal questions, clarify the legal situation in Romania or assess the legal possibilities and the costs of the procedure at a reasonable cost.

The fee framework for these fixed-price offers ranges from EUR 35 to EUR 120 according to the budget.

For all other cases, customers will receive an offer for billing based on expenditure on request.

All prices include the statutory sales tax.
In order to be able to guarantee the best possible service for our customers, the cooperation between the law firm and its customers takes place in the following steps:
- The customer sends the law firm an inquiry via the internet form or by email, describes the most important facts and dates, and specifies the type of billing required.
- The law firm checks the request and submits an offer to the customer by email or rejects the request by email.
- The customer can accept the offer and transfers the required payment / deposit to the office's account as an order confirmation.
- A legal assistance contract between the customer and the law firm is only concluded when the payment has been received.
- In the case of billing according to expenditure, the customer must first return a signed legal assistance contract to the law firm.
- After the consulting service has been provided, the fixed-price contracts are ended and all further obligations for customers or law firm are excluded.
- Orders with billing according to expenditure are periodically billed with an activity report and continued step by step after receipt of the deposit.
- At the end of the order, the final billing takes place.

§ 1 Validity of the conditions

 

The law firm's services are based exclusively on 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 in a follow-up contract.

§ 2 Conclusion of the contract

 

The law firm describes on its website the scope and price of the initial legal advice it offers. The law firm's offers become part of these terms and conditions when they are published.

By sending the request for the initial consultation, the customer agrees to these general terms and conditions for initial legal consultation.
After the offer has been sent, the customer can decide whether to consent to the mutual assistance contract or not.
With the approval of the offer and receipt of the agreed down payment on the account of the law firm, 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 e-mail or if he fails to respond or make the transfer, no legal assistance contract is concluded. In this case there are no costs for the customer.
By providing a valid email and postal address, the customer must ensure that the answer can be delivered.

§ 3 non-acceptance of a request

The law firm can refuse to accept a request if the request is not suitable for advice to the law firm, if the information on the person or address of the inquirer is incomplete or apparently incorrect, or if he cannot answer the request.
Furthermore, the law firm has the option of rejecting inquiries if there are conflicts of interest.
If there are still payment arrears from previous inquiries, the law firm can refuse to provide advice without giving any further reasons.
Offers are binding for 30 days. If the down payment is not received in the law firm's account during this period, the law firm is entitled to refuse the order.
The law firm will notify the customer of the non-acceptance by email free of charge.

 

§ 4 obligations

 

When the legal assistance contract is concluded, the law firm is obliged to provide the customer with the required legal assistance to the extent required.

This results in the customer's obligation to reimburse the law firm for the consulting expenses.

 

§ 5 consulting costs

 

The consulting costs are based on the Romanian Lawyers' Remuneration Act (RVG). When calculating the fees, the overall circumstances (e.g. processing effort and object value) must be taken into account in each individual case and the fee must be in an appropriate relationship to the performance and responsibility of the lawyer.

 

§ 6 right of withdrawal

 

If a mutual assistance contract is concluded, the customer is in accordance with §9 paragraph 1 OUG No. 34/2014 a right of withdrawal. The revocation does not require justification. The withdrawal period is two weeks and begins with the conclusion of the contract.

The right of withdrawal expires in accordance with Section 9 (2) OUG No. 34/2014, however, at the latest as soon as the law firm has started to perform the service with the consent of the inquirer before the end of the objection period or the inquirer has initiated this himself.

 

§ 7 Invoicing and Payment

 

The invoice will be sent by email after acceptance of the offer.

The customer is obliged to transfer the invoice amount without deductions to the specified bank details of the law firm up to 10 days after delivery of the invoice.

The entire cooperation takes place step by step.
Services are only provided after receipt of payments.

In the case of contracts that are charged according to expenditure, the law firm periodically provides an activity report on the services rendered, offsets the services rendered with payments made and issues a new invoice for expected future services.

In the case of contracts based on expenditure, amounts that have been paid too much will be reimbursed after the final invoice 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 receipt of the invoice, a reminder will automatically be sent to the customer.
For this, as well as for each additional reminder, a flat reminder fee of EUR 5.00 is due.

If due claims from the final invoice are not paid within the period specified in the reminder, legal action will be taken against the client.

If transfers are made abroad, the customer has to bear all the necessary fees himself.

 

§ 8 termination

 

The customer can terminate the mutual assistance contract without giving reasons.
Excluded from termination are services already performed, partially performed services to the extent realized, as well as unavoidable and future services of the law firm due to steps and procedures already initiated.

The law firm's claim against the customer for reimbursement of third party claims from the terminated contract remain unaffected by the termination.

The law firm can terminate the mutual assistance contract if the customer does not fulfill his duty to cooperate by not passing on or withholding known information in time, or if he does not answer questions from the law firm completely or in good time.
The law firm can terminate the mutual assistance contract or discontinue the services if the customer is more than 14 days in arrears with payments.

 

§ 9 confidentiality / data protection

 

The inquiries and the answers as well as the entire processing between customers and the law firm are carried out confidentially. No customer data will be passed on to third parties.

If there are conflicts of interest, the law firm will reject the request.

The law firm maintains absolute secrecy about information that has emerged from the consultation. The storage and processing of data takes place only for the purpose of carrying out the consulting activity.

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 from positive breach of contract, from negligence when concluding the contract as well as from tort are excluded, unless the damage was caused intentionally or through gross negligence. This does not apply to claims for damages from assured properties.

It cannot be guaranteed that legal aid agreements will come about.

Technical disruptions that lead to a delay in answering the request do not justify a reduction in the consultation fee.

No liability is accepted for material sent.

The customer is responsible for checking whether the consulting costs are covered by his insurance company. The law firm is not obliged to cooperate. The responsible insurance companies provide information. No assignments related to the Counseling Assistance Act are carried out.

 

§10 place of jurisdiction

 

As far as legally permissible, the place of jurisdiction is Timişoara, Romania.
The relevant law of Timişoara Romania always applies, even if the customer is based abroad.

 

§ 11 Severability Clause

 

Should a provision of the general terms and conditions be or become ineffective, the remaining content of this contract will not be affected. The ineffective provision shall be replaced by a provision that comes closest to the meaning and purpose of the ineffective provisions in a legally effective manner.