Terms of sales
LeFrenchMobile Terms & Conditions (“T&Cs”)
Article 1: Definitions
1.1 The SIM card is a prepaid SIM Card with a micro-processor to which is associated a phone number given by LeFrenchMobile.
1.2 The prepaid card enables the customer to make national and international calls and receive phone calls in a zone covered by a GSM/GPRS network and to have access to services offered by LeFrenchMobile defined in the tariffs conditions.
1.3 LeFrenchMobile is a trademark of Transatel.
1.4 This agreement is made with Transatel, which is a French Joint Stock Company (Société Anonyme) with a management board and a supervisory board, registered with the Nanterre Trade and Companies Registry under the number B 432 786 432 (VAT no. FR 49 432 786 432).
1.5 The current agreement will apply within the French metropolitan territory. You are using a French SIM card and telephone number, usable on the network of the telecom partner from Transatel in France. The current agreement is governed by French law.
1.6 “Personal Data” means any information relating to an identified or identifiable natural person; an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identity document, an identification number, location data, economic data, an online identifier or to one or more factors specific to the physical identity.
Article 2: Agreement
2.1 This agreement will commence and a binding contract will exist between us when you first begin to use the services. It will continue until terminated as set out here.
2.2 Where you have entered into this Agreement with us through our website or by phone, you have the right to cancel this Agreement any time within seven (7) days, unless you are acting in the context of your business activity, by contacting the customer service department by telephone or e-mail. These are clear days (full day from 0 to 24 hours) and business days (Monday to Saturday; only Sundays and official public holidays are not business days). However, you will not be able to retract if you make your first call before the end of the 7-day period. If you exercise this right then we will refund any remaining credit on all top-up vouchers associated with your account after deduction of any charges you have incurred by your usage of the Services and any delivery charge which we told you in advance. Any promotional offers or free Services will not apply when you decide to cancel in this way.
2.3 All Services, including any related offers and promotions may be subject to specific additional terms and conditions advertised in our marketing literature and / or on the website. Please check our website regularly as these terms and conditions are updated from time to time.
2.4 You will remain responsible to us under this Agreement for the actions of any other person you allow to use the Services where we have not consented to a transfer of this Agreement.
Article 3: Our obligations
3.1 We will provide the services in accordance with the Agreement, and as described in the then current price plan, from the date of activation of the SIM card. You may need to contact us to arrange for the activation of your SIM Card.
3.2 We try to make sure that the Services are available to you wherever possible; however both availability and quality of the services may be affected by things we can not control such as physical obstructions, atmospheric conditions and outages on the Network where such outages and their remedy are not within our control. We or our such failure whenever reasonably practicable. Network Operator may from time to time need to carry out upgrade or maintenance work on the Network which may affect the availability and/or quality of the Services. We will endeavor to keep such disruption to a minimum but this may not always be within our control.
3.3 We shall provide the services with reasonable skill and care and we shall use reasonable efforts to make the services available to you. If you experience problems with our services or suspect a fault, please contact us.
3.4 We may from time to time and without notice, change the services in order to comply with safety, regulatory, statutory and other requirements. We will try to ensure that this does not materially affect the scope of the services.
3.5 If the Service is interrupted for more than two (2) days, or if the lead-time for delivery of my SIM card is more than three (3) weeks after the date you have entered into this Agreement, you are entitled, provided this interruption or this delay is attributable to a breach by LeFrenchMobile (and not to a breach by the carrier for example), to request from LeFrenchMobile a refund corresponding to the proportion of the subscription which you paid whilst not having access to the Service, it being stipulated that LeFrenchMobile’s indemnification in the event of the Service being interrupted is a maximum of one (1) month’s subscription.
Article 4: Your obligations
4.1 You must use the services in accordance with this Agreement, and any other reasonable instructions we give you from time to time.
4.2 You must keep your SIM card PIN and PUK codes. You must tell us immediately if you PIN or PUK code is disclosed to any unauthorized person. You are responsible for all charges incurred on your Account whether or not they are incurred by you personally except those incurred after you have notified us of the loss or theft of you SIM card.
4.3 You agree that you will always comply with this Agreement and that we and our network operator have the rights set out there. You will be responsible to us for any losses, expenses or other costs incurred by us without limit as a result of your breach of this clause.
4.4 You must disclose your date of birth to us when you open your account. You must also provide us with a copy of your ID or passport before you first begin to use the services. If not we reserve the right to suspend immediately the services. You acknowledge that certain features of the services will be unavailable to you if you are less than 18 years of age. You must not allow anyone to access age restricted content who is under that relevant age nor may you forward, or permit or allow anyone to forward, any age restricted content to anyone under the relevant age for such content.
4.5 You are responsible for the way you use the services and we will not be responsible for any content sent or received by you
4.6 You are responsible for updating us as soon as reasonably possible of any changes to your contact details.
Article 5: SIM cards
5.1 All SIM cards that we provide to you remain either our property or the property of our network operator. We may replace your SIM card at any time during this Agreement and may also require you to return your SIM card to us.
5.2 You must advise us if your SIM card is lost, stolen or damaged. We will replace any SIM card, free of charge if it is defective however we reserve the right to charge you for a replacement where a SIM card appears to have been damaged by deliberate misuse or carelessness.
Article 6: Credit and charges
6.1 In order to use the services you must have sufficient credit recorded against your account. Where you are using the services and your credit runs out we may cease providing you with those services until you record further credits against your account. From time to time we may impose limits on the total amount of top-up voucher credit you may associate with your account during any period of time.
6.2 Your use of the services is charged in accordance with the then current rates applicable to your chosen price plan. Charges and, in respect of allowances, consumption will be deducted from the top-up voucher associated with your account. In the event that charges are incurred simultaneously they will be deducted simultaneously. Where more than one top-up voucher is associated with your account charges shall be deducted from the earliest applied top-up voucher. Where you apply one or more top-up voucher with allowances to your account the allowance applicable to the earliest applied top-up voucher shall prevail until that top-up voucher is consumed or expires.
6.3 All available price plans are published on the website and will be regularly updated with price changes and special offers. We can change the charges at any time by posting the changes on the website or by otherwise giving you notice. You can contact customer services and request details of our prices or any price change at any time. We will endeavor to give you reasonable notice of any changes before they are made.
6.4 Top-up voucher credit and allowance may only be used for our services and you will not be entitled to receive any cash refund for any remaining credit or allowance unless expressly stated otherwise in this agreement. Credit and allowances are also not transferable and no interest will be applied or payable to credit balances or allowances.
6.5 If you purchase a top-up voucher that shows an expiry date, the credit and/or allowance provided for by that top-up voucher must be redeemed prior to that date. No refunds will be given for any failure to redeem credit or consume any allowance prior to its expiry.
6.6 When you do not consume a minimum amount (as detailed in the tariffs conditions) per month, the validity of your credit is subject to a monthly fee (as detailed in the tariffs conditions). Your account may automatically be closed and your SIM card deactivated one (1) month after you did not pay this monthly fee, if you do not top-up during that time.
6.7 Roaming charges are set out in the Price Plan. There may be a delay when roaming between using the services and the charges being applied to your account. Please ensure you have sufficient credit associated with your account for such usage.
Article 7: When may we suspend or disconnect
7.1 We may, without liability to you, suspend or disconnect you fully or partially from the Services, without notice:
7.1.1 If we are entitled to terminate this Agreement due to your failure to comply with this Agreement but elect to provide you with an opportunity to remedy
7.1.2 If we are required to do so by the Government and emergency service organization or any other competent body or lawful authority.
7.1.3 For repairs or maintenance, or for operational or security reasons.
7.1.4 In circumstances where we observe fraudulent or unusual use of your Account or one or more service (e.g. abnormally high usage patterns).
7.1.5 If we have a good reason to suspect a breach by you of this Agreement.
7.1.6 If you advise us that your SIM card has been stolen/lost/damaged or destroyed.
7.1.7 If your SIM card or handset is interfering with the normal operation of the network or if your account is in arrears.
7.1.8 If you did not return all your contact information 15 days after you made your first call.
7.1.9 If you do not pay the monthly fee (as detailed in the tariffs conditions) in the conditions described into this Agreement.
Article 8: Changing the agreement
8.1 This section applies to all changes to the Agreement except changes to our charges, which are described already above.
8.2 We can change or update the Agreement at any time. We will only do this if we have a valid reason, for example to reflect changing arrangements with the Network Operator, or changing legal, regulatory or business requirements.
8.3 Where we make a significant change to this Agreement, we will notify you about this change by mail. If you do not agree with a significant change to this Agreement, you may stop using the Services.
8.4 All changes will be sent by mail; it is your responsibility to regularly check your mails for changes affecting the Service.
Article 9: Internet access
If your device enables you access to the Internet then the following will apply:
9.1 We do not make any warranty as to the accuracy, completeness, reliability or continuous supply of the content or information contained on any third party sites or resources accessed via the Services.
9.2 We will not be responsible for any harm you suffer from any virus that gains access to your equipment, whether transmitted via the Services or otherwise. It is your responsibility to protect your equipment with suitable anti-virus software.
Article 10: Online Payment
10.1 LeFrenchMobile can ensure its customers that the online payment process is totally secured by Ogone.
10.2 LeFrenchMobile keeps the right to refuse and block any top up or suspend the line for any fraudulent usage of yours.
Article 11: Devices
11.1 The customer can make and receive phone calls from any devices approved GSM/GPRS and conceived to receive the SIM card.
11.2 The customer has to follow the indications given by LeFrenchMobile in terms of technical norms imposed by competent authorities.
Article 12 : Protection of Personal Data
Your Personal Data is collected by Transatel to optimize the efficient functioning of the Services and also to comply with relevant laws and regulations about user identification. In particular, Transatel undertakes to take all necessary steps to ensure the protection and confidentiality of your Personal Data and may not use it for purposes other than management of the clientele, market research, prevention of fraud and/or offences. It will be erased at the term of your contract, or within one year from the term of the contract in case of an identification obligation, unless a longer retention period is imposed or permitted by the applicable law.
Your Personal Data is collected by Transatel in accordance with the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of Personal Data and on the free movement of such data (“GDPR”).
In particular, the security and the confidentiality of your Personal Data will always be protected in compliance with the GDPR, even if you are not a national of a Member State of the European Union.
You hereby agree and acknowledge that your personal data may be transferred to third parties, solely for the performance of the Services. The processing of your Personal Data is only to be executed by Transatel or its subcontractors, provided such subcontractors are subject to contractual clauses with Transatel in accordance with the GDPR.
In case of transfer of your Personal Data outside of the European Union, a similar protection to the European regulation will be provided.
You have always a right of access, rectification and opposition to processing of your Personal Data. For this purpose, you have to send a written, dated and signed request to our Customer service department, together with a photocopy of both sides of your identity card at: firstname.lastname@example.org
Article 13: Contact
13.1 For any information or request concerning the Services, kindly contact the customer service department, using this contact phone number: +33 174 95 95 00
Article 14: Jurisdictions
14.1 If you are a retailer, any dispute may be referred to the courts within the jurisdiction of the Versailles Court of Appeal (Cour d’appel de Versailles), in France.
14.2 If you are a customer living on the territory of member state of the European Union, any dispute may be referred to the jurisdiction of your current place of residence.
Subject to public order dispositions, any disputes arising from the Agreement will be subjected to French law.