General Terms and Conditions of Martínez & Caballero Abogados - Barcelona
Effective from July 30, 2025
1. Purpose and Scope of Application
These General Terms and Conditions (hereinafter, “Conditions”) regulate the provision of legal and professional advisory services (hereinafter, the “Services”) by APNA ADVOCATS, S.P.L., operating under the name Martínez & Caballero Abogados (hereinafter, “M&C Abogados”), with registered office at Plaza Tetuan 40-41, Planta 1º, Puerta 21, 08010 Barcelona, CIF B67183491, to each client (hereinafter, the “Client”).
These Conditions shall apply to all professional engagements (hereinafter, the “Engagement” or “Engagements”) undertaken by the Client, without prejudice to specific conditions that may be agreed upon in writing for a particular matter.
2. General Principles
The professional relationship is based on trust, transparency, and collaboration between M&C Abogados and the Client.
The Client shall provide all necessary information and documentation truthfully and completely for the proper provision of the Services.
M&C Abogados shall always act with independence, diligence, and respect for the ethical and professional standards of the legal profession.
The relationship shall be one of service provision, without any obligation of result.
3. Professional Services
The scope and nature of the Services shall be specified at the beginning of each Engagement and may be subsequently modified by mutual agreement.
The Services shall be provided by lawyers of M&C Abogados, who may assign the most suitable professional team to the case.
The relationship is established solely with the Client, without creating a legal bond with related third parties (subsidiaries, partners, advisors, etc.), unless expressly agreed otherwise.
4. Involvement of Other Professionals
If the participation of other professionals (court agents, notaries, experts, foreign lawyers, etc.) is necessary, their engagement shall be the Client’s responsibility.
M&C Abogados may recommend external professionals and coordinate their management, but shall not be responsible for their actions or the payment of their fees.
5. Fees, Expenses, and Billing
Fees shall be agreed upon at the beginning of the Engagement, and may be established as fixed rates, hourly rates, or success percentages.
Expenses incurred (travel, official fees, translations, courier services, etc.) shall be paid by the Client and may require a provision of funds.
Invoices shall be payable upon presentation and, in any case, within a maximum period of 30 days from their issuance.
In the event of early termination of the Engagement, the Client shall pay the fees and expenses accrued up to that moment.
6. Communications and Electronic Means
Communications may be made by email or other electronic means.
The Client assumes the risks inherent in the electronic transmission of data (losses, viruses, interceptions).
Instant messaging shall not be used for formal legal advice.
7. Confidentiality and Professional Secrecy
All information and documentation provided by the Client shall be subject to the duty of professional secrecy, which shall subsist even after the contractual relationship has ended.
Information shall only be disclosed when there is a legal obligation or a requirement from a competent authority.
8. Prevention of Money Laundering and Terrorist Financing
In accordance with current regulations, M&C Abogados may request identification documentation from the Client and regarding their professional or business activity.
It may be necessary to report suspicious transactions to the authorities, without the possibility of informing the Client of such communication, and potentially implying the suspension of Services.
9. Intellectual Property
The works and documents prepared by M&C Abogados are its intellectual property.
The Client may use them exclusively for the purposes of the Engagement.
Their disclosure to third parties shall require express written authorization.
10. Retention and Storage of Documentation
M&C Abogados shall retain the Client’s documentation for the duration of the Engagement and subsequently for the legally established periods to address potential liabilities.
It may be stored in physical or digital format, including cloud services, adopting the necessary security measures.
11. Scope and Limitations of Liability
M&C Abogados shall only be liable for direct damages caused by willful misconduct or gross negligence in the provision of the Services.
Any claim must be made in writing within 2 years following the completion of the Engagement.
Liability shall be limited to the total amount of fees paid for the Engagement in question.
12. Termination of Engagement
Both the Client and M&C Abogados may terminate the professional relationship at any time, with sufficient notice to avoid detriment.
In case of termination, the Client must pay the fees and expenses accrued up to that date.
13. Personal Data Protection
M&C Abogados shall process the Client’s personal data in accordance with Regulation (EU) 2016/679 (GDPR) and applicable Spanish regulations.
It may be necessary to access data of third parties linked to the Client (employees, counterparties, witnesses), which shall be processed exclusively for the provision of the Services.
Upon completion of the Engagement, data shall be retained for the legal periods necessary to address liabilities.
The Client may exercise their rights of access, rectification, erasure, objection, data portability, and restriction of processing by written request to info@martinezcaballeroabogados.com.
14. Modification of General Terms and Conditions
M&C Abogados may modify these Conditions due to regulatory, ethical, or internal policy changes.
Modifications shall apply to Engagements subsequent to their publication or communication.
15. Applicable Law and Jurisdiction
These Conditions and the contractual relationship shall be governed by common Spanish law.
For any dispute, the Parties submit to the Courts and Tribunals of Barcelona, unless the Client is a consumer, in which case the jurisdiction of their domicile shall apply.
Martínez & Caballero Abogados
Plaza Tetuan 40-41, Planta 1º, Puerta 21
08010 Barcelona
CIF B67183491
www.martinezcaballeroabogados.com