Terms and conditions
These contractual conditions apply to all deliveries of products and services made by Tom LEYSEN for the benefit of the contractor.
Last updated 9th July 2022
Article 1. General
1.1Terms and conditions when visiting Tom Leysen, packages and services offered by Tom Leysen.
1.2The General Terms and Conditions are always freely available on our website.
1.3If it is found that a provision of the General Terms and Conditions, the Service policy, the Private policy or the Cookies are fully or partially invalid, null and void or not enforceable, this does not have any consequences for the other clauses and provisions.
1.4If Tom Leysen does not call on a provision in the General Terms and Conditions, the Service policy, the Private policy or the Cookies it cannot be interpreted as a waiver thereof in the future.
1.5Tom Leysen reserves the right to change the internal rules without prior notification.
Article 2. Personal data/Privacy
2.1The processing of data falls under the application of the Law of 8 December 1992 for the protection of privacy with respect to the processing of personal data. The following parties must be considered as processor of data pursuant to the aforementioned act: Tom Leysen.
2.2By accepting these General Terms and Conditions and the Private policy, you expressly gives Tom Leysen permission to process your personal information for the execution of the rights and obligations in an adequate, relevant, and limited manner to what is necessary for the purposes for which it is collected.
2.3By accepting these General Terms and Conditions and the Private policy, you expressly gives Tom Leysen permission to process your information in an internal databank, to be able to perform market research, to inform you about new products, services and information – and to run promotional campaigns by Tom Leysen.
2.4You have the right, at all times, to gain insight into your personal information held by Tom Leysen, and have the right to change this free of charge. You have the right to refuse – free of charge – that your details are processed for marketing purposes. To exercise your right, please refer you to the Article 7 of the Private policy.
2.5Tom Leysen cannot be held responsible for any faults or errors included in yours personal details.
Article 3. Paiement
3.1Payments must be made to the bank account indicated on the invoice.
3.2Unless otherwise agreed in writing, invoices are payable within 8 days of receipt by the contractor.
3.3Each invoice will be considered as accepted within 8 days of its dispatch, in the absence of a written objection by registered letter.
3.4Advance payments will be retained by Tom Leysen as damages.
3.5Any delay in payment or partial payment shall automatically and without notice of default entail interest on arrears based on the legal interest rate applicable to commercial transactions. It is furthermore expressly provided that unpaid amounts shall be increased by right and without prior notice by a fixed penalty clause of 10% of the sums due, with a minimum of €50 as compensation.
3.6In case of non-payment on the due date, Tom Leysen reserves the right to consider the contract as automatically terminated without prior notice, without prejudice to its right to obtain the application of the fixed penalty clause mentioned above.
3.7Any amount due and not disputed by Tom Leysen, which is not reimbursed within two months of its written request, will give the right to an indemnity of 10% with a minimum of 50 € of the said sum.
Article 4. Complaints
4.1Any complaints must be reported to Tom Leysen in writing or via email within 48 hours. After the expiration of the aforementioned term, the services of Tom Leysen is deemed to be in accordance to the promises Tom Leysen made to its clients and that was expected by the client.
Article 5. Force Majeure
5.1Tom Leysen cannot be held responsible for non-compliance with its liabilities if this shortcoming was caused by abnormal or unforeseen circumstances that was beyond the control of Tom Leysen and of which the consequences could not have been avoided, regardless of the fact that all possible precautionary measures have been taken.
Article 6. Applicable law and authorised courts
6.1The General Terms and Conditions, the Service policy, the Private policy and the Cookies are governed by Belgian law. In case of disputes, the court in Liège will have jurisdiction.