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The general terms and conditions for the provision of services, hereinafter referred to as the “general terms and conditions”, apply to all orders placed with HIREM Group bvba, with its registered office at Marie Popelinplantsoen 3 bus 401, 8000 Bruges, registered in the Crossroads Bank for Enterprises under number BE 0714.902.272, hereinafter referred to as the “service provider”.
The present general terms and conditions constitute the agreement binding the service provider and the customer, they are hereinafter jointly called the “parties”. The “customer” is any natural person or legal entity ordering services from the service provider.
The “consumer” is the customer, natural person, acting for purposes outside his trade, business, craft or profession. The present general terms and conditions are the only ones applicable between the parties. They exclude the customer’s general or special terms and conditions that the service provider has not expressly accepted in writing. The general terms and conditions can be freely consulted at any time on the service provider’s website: https://hiremgroup.com and/or https://nickhilderson.com, so that, when placing an order, the customer must declare that he has taken note of the general terms and conditions and confirms that he accepts the rights and obligations arising from them.
The service provider reserves the right to modify these general terms and conditions at any time, without prior notice, subject to displaying these modifications on its website. These modifications will apply to orders for services placed thereafter.
To place an order, the customer chooses the service(s) he wishes to order and notifies the service provider by telephone, by mail, by e-mail or, where applicable, by means of an online form.
The service provider sends the customer an order form relating to its services, and, if applicable, requests payment of a deposit. The order form contains a statement reminding the customer of the application of the present general terms and conditions and of the existence of the consumer’s right of withdrawal.
It is up to the customer to check the correctness of the order and immediately notify the service provider of any errors.
The customer must then accept the order form and return the signed order form to the service provider in order to confirm his order.
The service provider reserves the right to suspend, cancel or refuse the customer’s order, in particular if the information communicated by the customer proves to be manifestly erroneous or incomplete or if a dispute exists regarding the
payment of a previous order.
In case of cancellation of the order by the customer, for whatever reason and except for force majeure, after it has been accepted by the service provider, a sum equal to 30% of the price of the order shall be acquired by the service provider by way of damages and interests and invoiced to the customer.
Invoices are payable, in the currency of the invoice, at the service provider’s registered office at the latest thirty days after the date of invoicing.
Any dispute regarding an invoice must be sent by ordinary and registered mail to the service provider’s registered office within eight days of receipt of the invoice. Failing this, the customer can no longer dispute the invoice.
If an invoice is not paid on the due date, the entire outstanding amounts become due immediately.
In the absence of payment of an invoice on the due date, the entire outstanding amounts shall become immediately payable.
Any invoice that remains unpaid on its due date will, with regard to a private individual, automatically and without prior notice, incur interest on arrears at 8% per annum. With regard to merchants, the Law of August 2, 2002 will be applicable.
Any invoice that remains unpaid on its due date will also be increased, by way of damages and interest, ipso jure and without prior notice of default, by liquidated damages amounting to 15% of the unpaid amount.
amount.
The price of the products and/or services is shown in euros, taxes not included. Except otherwise indicated on the product.
Any increase in VAT (Value Added Tax) or any new tax that would be imposed between the time of the order and execution will be automatically charged to the customer.
Any costs of delivery are not included in the price displayed, but are calculated separately in the course of the ordering process, according to the method and place of delivery, as well as according to the number of services ordered.
Unless otherwise expressly accepted in writing by the service provider, the delivery and/or performance deadlines stated in the General Terms and Conditions are not expiry dates. The service provider cannot be held liable unless it is a significant delay attributable to its gross negligence.
The customer cannot invoke the delivery and performance deadlines to break the contract, cannot claim damages or interest, and cannot assert any other claim, unless otherwise expressly accepted in writing by the service provider.
In the event of a delay in delivery of more than thirty working days, the customer will have to send a notice of default to the service provider by registered letter, which will then allow the latter 50% of the prescribed period to perform the service(s) ordered.
In accordance with Article VI.47 of the Code of Economic Law, the consumer who orders the services remotely from the service provider has a period of 14 calendar days from the day of the conclusion of the contract, namely the day on which the consumer receives a summary of his order by e-mail.
If this period expires on a Saturday, Sunday or public holiday, it is extended to the next working day.
The consumer may express his will to withdraw from the purchase by means of a withdrawal form posted online on the service provider’s website, by means of a form sent with the order form or available on the website of the Federal Public Service Economy, SMEs, Self-Employed and Energy: economy.fgov.be, or by means of a declaration stating his will to withdraw from the contract in an incontestable manner.
The service provider will refund the amount paid by the customer to the latter as soon as possible, and at the latest within 14.
The consumer who expressly accepts that the service ordered is already performed before the expiration of the 14-day period and who recognizes that this performance leads to the loss of this right of withdrawal, will no longer be able to exercise this right of withdrawal, in accordance with Article VI.53 of the Code of Economic Law.
The consumer will also not be able to exercise his right of withdrawal if he is in one of the other exceptions envisaged by Article VI.53 of the Economic Law Code.
The customer who does not meet the conditions for exercising the right of withdrawal described in the previous clause of these general terms and conditions and who wishes to cancel his order must notify the service provider, who in turn will inform the customer regarding the procedure to be followed.
Any advance paid by the customer to the service provider will not be refunded to the customer. If no advance payment has been made by the customer, the service provider shall be entitled to claim a cancellation fee from the customer amounting to 30% of the price of the services that were part of the order cancelled by the customer.
The execution times indicated by the service provider are provided for indicative purposes only and do not bind the service provider. Consequently, a delay in the execution of the order can under no circumstances give rise to any compensation, interest, breach of the agreement and/or suspension of the customer’s obligations.
The order will only be executed after full payment.
Any complaints relating to the services provided by the service provider must be made in writing within 5 working days of the occurrence of the event giving rise to the complaint. If the complaint is not submitted in the aforementioned manner and within the specified period, it will not be taken into account.
If a complaint proves to be justified, the service provider will have the choice between replacing the services in question or refunding the price of these services.
The information, logos, drawings, brands, models, slogans, the corporate identity, etc. accessible through the Service Provider’s website or catalog are protected by intellectual property rights.
Except prior and express stipulation to the contrary, the customer is not allowed to modify, reproduce, rent, lend, sell, distribute or create derivative works based on all or part of the elements depicted on the website or in the service provider’s catalog.
Unless expressly waived, the agreed price in no case implies a transfer of intellectual property and/or industrial rights in any way.
The service provider undertakes to perform the services with due diligence.
With regard to the services provided, the customer has a guarantee of conformity with the initially requested services. If a discrepancy is detected within this period, the service provider shall remedy this discrepancy free of charge and as soon as possible, provided that these detected discrepancies are communicated as such to the service provider. The following are expressly excluded from the guarantee of conformity: services requested as a result of an unauthorized intervention or modification, as a result of an incorrect use or a non-conforming use by the customer, or as a result of a deviation created by the intervention of the customer or a third party.
The service provider declares that the result of the services provided, which would be protected by intellectual property rights, constitute original creations. If the service provider would have used third parties in order to provide all or part of these services, he declares to have obtained all necessary rights and consents for the performance of these services.
De dienstverlener vrijwaart de klant bijgevolg tegen iedere eis, bewering, revindicatie of het verzet van iedere persoon die met betrekking tot het geheel of een deel van de geleverde diensten een intellectueel of industrieel eigendomsrecht inroept, of die een daad van oneerlijke concurrentie stelt.
The customer acknowledges and accepts that all obligations to which the service provider is bound must be expressly stated and that it is not liable, except in cases of fraud or gross negligence. In the hypothesis in which the customer proves the existence of a gross fault or deceit on the part of the service provider, the damage to which the customer can claim is limited to the material damage directly resulting from the fault attributed to the service provider, to the exclusion of all other damage. In any case, these damages cannot exceed 75% (excluding taxes) of the amount effectively paid by the customer in execution of the order.
The customer also acknowledges that the service provider is not liable for any direct or indirect damage caused by the services provided, such as loss of income, increase in overheads, loss of clientele, etc., among others.
The service provider is not responsible if incorrect data were transmitted by the customer, or if an order is placed by a third party on behalf of the customer.
The customer acknowledges the limitations and risks associated with the use of the Internet or any other means by which the website is or will be made available. The customer also recognizes the risks associated with the numerical or electronic storage and transmission of data.
Given the aforementioned risks, the customer accepts that the service provider cannot be held liable for the damage caused by the use of the website (as well as any applications) of the service provider or by the Internet.
Among other things, the customer accepts that the electronic communications exchanged and the backups realized by the service provider may serve as evidence.
Force majeure or unforeseen circumstances
The service provider may not be held liable, either contractually or extra-contractually, in the event of temporary or permanent non-performance of its obligations, if such non-performance is due to a case of force majeure or accident.
Are considered in particular as cases of force majeure or accident:
If, as a result of circumstances independent of the will of the service provider, the latter can no longer fulfill its obligations or if the performance of these obligations has become more costly or difficult, the customer and the service provider undertake to renegotiate the contractual terms in good faith and in a loyal manner within a reasonable period of time in order to restore the balance. In the absence of agreement within a reasonable time, each party will have the right to invoke the dissolution of the agreement and of the contractual relations binding the parties without being liable for any damages of any kind.
In case of insolvency of the customer or in case of unpaid debts, even if they stem from previous agreements between the customer and the service provider, the service provider is entitled to suspend the performance of his obligations until the day of full payment by the customer of all outstanding debts.
In case of non-performance of its obligations by the customer, the service provider may immediately terminate the agreement at the customer’s expense, without being liable for any compensation. This termination of the agreement may, where appropriate, give rise to the payment of damages and interest by the customer to the service provider.
Except as otherwise expressly provided, any irregularity or nullity of any clause, paragraph or provision (or of any part of any clause, paragraph or provision) shall not in any way affect the validity of the other clauses, paragraphs or provisions of the present General Terms and Conditions, nor the remainder of such clause, paragraph or provision.
The titles used in the present general terms and conditions are used for reference and convenience only. They do not in any way affect the meaning or scope of the provisions they designate.
The inertia, negligence or delay of a party in the execution of any of its rights or remedies in application of the present general terms and conditions can in no case be considered as a waiver of this right or remedy.
These general terms and conditions are subject to Belgian law.
In case of dispute regarding the validity, interpretation, performance or delivery of the services, the parties agree to initiate a mediation procedure before proceeding to any other means of dispute resolution.
If necessary, the parties shall appoint by mutual agreement a recognized mediator of the Federal Mediation Commission (Boulevard Simon Bolivar 30 (WTC III), 1000 Brussels -https://www.fbc-cfm.be/nl) or have a third party appoint this recognized mediator.
Once a mediator has been appointed, the parties shall define the modalities of the mediation together with the mediator.
Either party may terminate the mediation procedure at any time, without prejudice to any other rights.
In case the mediation procedure fails, the courts of the following judicial district have jurisdiction: West Flanders.
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