GENERAL SALES CONDITIONS
FOR MOBILE TELECOMMUNICATION SERVICES
1. DURATION OF THE CONTRACT
The Contract shall enter into force when the SIM
card is unblocked.
The subscription contract shall be signed for the
fixed period agreed in the contract signed by the
subscriber, of which the present general and
special terms and conditions form an integral part.
At the end of this period, the contract shall be
automatically renewed for an indefinite period if it
has not been cancelled by means of one month's
notice.
The Parties shall have the right to cancel the
subscription contract during the indefinite period
by giving one month's notice.
During the defined or initial period, the tariff may
not be changed without the written consent of
POST Telecom S.A.
2. SERVICES PROVIDED, BILLING AND
SETTLEMENT
2.1. POST Telecom S.A., hereafter POST Telecom, is a
société anonyme (public limited company) under
Luxembourg law, based at 1, rue Emile Bian, L-
1235, Grand Duchy of Luxembourg, trade and
company register number B 43290, a subsidiary of
Entreprise des Postes et Télécommunications
(POST Luxembourg), an independent public
institution under Luxembourg law, established
under the Law of 10 August 1992, based at 8A,
Avenue Monterey, L-2020 Luxembourg, trade and
company register number J28. POST Telecom
provides mobile digital communication services
within the used network. Its services are limited to
covering emission and receiving stations in
operation in the Grand Duchy of Luxembourg.
2.2. The Client shall have the right to use his/her card
to access the service of foreign, digital, mobile
communication networks if POST Telecom has
concluded an agreement to this effect with the
operator of such a network, within a period of 14
days and provided that the Client does not refuse
to deposit a security in accordance with Article 2.9.
The Client shall be invoiced for the costs of using
such networks according to the special applicable
tariffs. These special tariffs may be consulted by
the Client upon request.
2.3. The Client may limit or block the transmission
and/or receipt of data to or from his/her mobile
telecommunication device when s/he is connected
to a foreign mobile communication network, by
sending an SMS to POST Telecom, at the current
standard tariff, following the procedure published
on the website www.post.lu. The Client may also
block the transmission and/or receipt of data
and/or certain premium-tariff or standard-tariff
SMS and/or calls from or to his/her mobile
telecommunication device by contacting POST
Telecom. To do this, the Client should contact the
POST Telecom Helpdesk, open 24/7, at 8002 8004
or go to a POST Telecom store to find out about
blocking procedures and conditions.
2.4. POST Telecom shall determine the telephone
numbers. The telephone number communicated to
the Client upon receipt of the card shall be final
when the SIM card is unblocked.
POST Telecom reserves the right to change
telephone numbers for technical or administrative
reasons, after giving notice of such a change.
If the Client's security is jeopardised, such a
change may take effect immediately.
The Client shall have no recourse or any right to
any indemnity in the event that the telephone
number is changed by POST Telecom, and the
Client hereby expressly agrees to this.
2.5. The tariffs for products and services provided by
POST Telecom shall be invoiced on the basis of the
tariffs published by POST Telecom. VAT shall be
invoiced at the rate applicable at the time when
the bill is prepared.
Any changes to the tariff shall become applicable
one month after POST Telecom has informed the
Client of the change.
When the Client uses the services of other service
providers, the tariffs for such services applicable at
the time when they are used shall be invoiced by
POST Telecom, together with a supplement for the
administrative costs incurred thereby.
2.6. Any reimbursement to the Client, for example
owing to double payment for such services, shall
be made in the form of an automatic deduction
from the next bill.
2.7. Unless otherwise stipulated, POST Telecom bills are
payable in full upon receipt. Bills are in principle
paid by a direct debit on the bank account
indicated by the Client. Where a direct debit is
refused, POST Telecom shall be entitled to invoice
administrative costs and to suspend provision of its
services.
Unless otherwise provided, payments are payable
and shall be made at the registered office of POST
Telecom.
2.8. As of the date of the second payment reminder for
a bill or group of bills, POST Telecom shall have
the right to invoice for administrative costs for an
amount of EUR 4.00 per reminder.
2.9. In the event of late payment, interest at the
statutory rate shall apply automatically and without
prior notice from the eighth day after the billing
date.
POST Telecom may also suspend its services,
including blocking the SIM card without prior notice
in the event of late payment. The costs of blocking
and unblocking shall be charged to the Client at
POST Telecom's tariff. Services may also be
suspended should the Client refuse to deposit a
security or bank guarantee as prescribed by Article
2.9.
2.10. The Client shall be bound to pay all costs and fees
associated with the SIM card, even if the Client
allows the card to be used by a third party.
2.11. Clients who, either alone or represented by a
consumer or user association, have not received
what they consider to be a satisfactory response
from POST Telecom's internal dispute-resolution
services following a complaint, may have recourse
to the Ombudsman in accordance with the
procedure provided for in Regulation 11/151/ILR of
4 April 2011 by the Institut Luxembourgeois de
Régulation (Luxembourg Regulatory Institute)
setting out the mediation procedure for electronic
communication services.
The purpose of mediation is to find an extrajudicial
settlement to the dispute in an impartial manner
and in the interests of both parties. An application
form on the Ombudsman's website outlines the
information to be provided by the applicant
(http://www.ilr.public.lu/mediation/ILR_Formulaire
_FR.pdf).
While recourse to legal proceedings remains open
to the parties, the Ombudsman attached to the
Institute is no longer competent as soon as any
legal proceedings are initiated.
In order to ensure any claims relating to invoices
are processed by the internal POST Telecom
structures, such claims must be addressed in
writing to POST Telecom within one month of the
billing date. Any complaint lodged over one month
after the billing date will be deemed time-barred
and inadmissible by POST Telecom.
2.12. POST Telecom may require the Client to deposit a
first-demand security or bank guarantee, and the
Client expressly agrees to provide this immediately
if requested to do so.
3. LIABILITY
3.1. POST Telecom's liability for damages suffered by
the Client shall be limited to cases of serious
misconduct tantamount to fraud.
The damages and interest claimed by the Client
shall be limited to the amount specified in Article
4.4.
3.2. POST Telecom shall not be held liable for
increasing damage due to force majeure. The
following in particular shall be considered as
instances of force majeure: general or partial
strikes, epidemics, war, mobilisation, fire, food with
insufficient calorific value, and interference or
breakdowns due to weather or other conditions.
3.3. POST Telecom shall not be held liable for
interruptions or interference to mobile
communications if these are unavoidable for the
proper operation of the network or if they are
caused by works being carried out on the network.
3.4. POST Telecom shall not be held liable for services
used by the Client provided by other providers, nor
shall it be liable for the invoicing thereof.
3.5. Any damages shall be communicated in writing to
POST Telecom within a period of eight days after
they have become known, otherwise any such
claim for damages shall be forfeit. The Client's
recourse to claiming damages shall lapse one year
after the facts resulting in the damage have
become known.
4. CANCELLATION
4.1. Both the Client and POST Telecom may cancel the
Contract at any time in the event of negligence by
the other Party.
4.2. The Client may also terminate the Contract with
immediate effect:
- in the event that services are changed to the
detriment of the Client during the month following
receipt of information concerning the changes in
question;
- in the event that tariffs are changed to the
detriment of the Client during the month following
receipt of information concerning the changes in
question;
- in the event that liquidation, bankruptcy,
administration or similar proceedings are initiated
against POST Telecom.
The loss or theft of the SIM card, with or without
the mobile telecommunication device, shall not
allow the Contract to be cancelled with immediate
effect.
4.3. POST Telecom shall also have the right to cancel
the Contract with immediate effect where:
- the Client has been in arrears for payment of one
or more bills for two months since the billing date;
- a draft drawn by POST Telecom is contested;
- liquidation, bankruptcy or administration
proceedings are initiated against the Client;
- the Client abuses the services of POST Telecom or
infringes the legal provisions in force or the rules of
good practice;
- the Client cancels or contests a direct debit drawn
up pursuant to the Contract;
- a security or bank guarantee deposited by the
Client is cancelled;
- the Client refuses to deposit a security or bank
guarantee in accordance with Article 2.9.
4.4. In the event that the fixed-term Contract is
cancelled by the Client or by POST Telecom
without valid reason, the Party that has cancelled
the Contract shall pay the Client the subscriptions
remaining until the next renewal date.
In the event that the fixed-term Contract is
cancelled by the Client or by POST Telecom for
valid reasons, the Party that has been compelled to
cancel the Contract shall have the right to a fixed
allowance. The allowance is set at EUR 20 per full
month of the remaining Contract term.
However, the Party that has been compelled to
cancel the Contract may opt in this case to be
invoiced for all services still due to run for the
remainder of the contract term if the total amount
of the above-mentioned fixed allowance does not
cover the goods subsidy provided to the Client
under his/her subscription contract.
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In the event that the indefinite Contract is
cancelled by the Client or by POST Telecom
without valid reasons, the Party that has cancelled
the Contract shall pay the other Party a fixed
allowance amounting to one month's subscription.
In the event that the indefinite Contract is
cancelled by the Client or by POST Telecom for
valid reasons, the Party that has been compelled to
cancel the Contract shall have the right to a fixed
allowance amounting to one month's subscription.
4.5. Any cancellation of the Contract must be done by
registered post.
4.6. If, following a notice that is not acted upon, a non-
resident Client's dossier is passed on for recovery
of POST Telecom's claim to a specialist third party
that is recognised abroad for engaging in debt
recovery, the non-resident Client shall also pay a
fixed allowance of EUR 62.00 for the recovery
costs.
5. GENERAL OBLIGATIONS
5.1. The Client shall notify POST Telecom immediately
of any loss, theft or misplacement of the SIM card,
stating the unique code. The card in question shall
be blocked immediately by POST Telecom. Up until
the time the phone is blocked, the customer shall
be liable to POST Telecom for all costs arising from
use of the card.
Any loss or theft of hired equipment shall be
declared by the Client to the police authorities.
Should the Client wish to suspend his/her
subscription, he/she shall send a written request by
registered post. In the event that POST Telecom
consents to it, the suspension may not exceed two
months.
5.2. The Client must only use mobile telecommunication
devices that comply with the standards in force
and which have been correctly installed and
configured. SIM cards can only be used in these
mobile telecommunication devices and may not be
used as “GSM gateways” or for any other similar
function which enables rerouting of calls without
authorisation from the public network operator.
SIM cards are for personal use only and under no
circumstances may be used for re-sale of calls and
Voice over IP applications.
5.3. In the event of call diversion, the Client shall
ensure that it first obtains the consent of the
subscriber on the mobile telecommunication device
from which the diversion is to be made.
5.4. Should the Client require a detailed statement by
notification, he/she shall ensure that every user of
his/her card is kept informed, in accordance with
the provisions of the data protection act.
5.5. In the event that the Contract is cancelled before it
expires, and in particular in the event that the
Contract is cancelled owing to default on bill
payments, the Client shall immediately surrender
the hired mobile telecommunication device to POST
Telecom.
GENERAL SALES CONDITIONS
FOR MOBILE TELECOMMUNICATION SERVICES
5.6. Any equipment that cannot be recovered, or which
has disappeared, shall be invoiced to the Client at
POST Telecom's purchase price.
The Client shall immediately notify POST Telecom
in writing of any change of address or registered
office, as well as any change of account-servicing
bank.
5.7. In the event that mail addressed to the Client is
returned to POST Telecom, for example indicating
"no forwarding address", "incorrect address" or
"addressee unknown", and the Client has therefore
failed to communicate his/her new address in
violation of the preceding paragraph, POST
Telecom may use information relating to the
Client's notifications to attempt to find and contact
him/her, for example a regular recipient of calls
from the Client, but without divulging the Client's
personal or billing details to such a party.
In such a case, POST Telecom shall also have the
right to suspend its services without notice, as well
as the right to block the SIM card, until the Client
has communicated its new address to POST
Telecom. The costs of blocking and unblocking
shall be charged to the Client at POST Telecom's
tariff.
6. PUBLIC AND CONFIDENTIAL RECORDS OF
DATA AND CALLS
6.1. POST Telecom shall have the right to store and use
the Client's personal details and information
relating to his/her calls.
6.2. POST Telecom and its agents shall be bound to the
strictest professional confidentiality with regard to
the Client's personal details and information
concerning his/her calls.
6.3. The Client hereby expressly indicates his/her
consent for such information, particularly
information concerning calls, to be submitted to
courts or arbitrators in the event of a dispute. The
Client's personal details may also be sent to a
debt-collection agency or bailiff as part of the
recovery of a debt owed by the Client, and they
may also be disclosed, for example to a population
registration office, in the event that POST Telecom
wishes to find a Client that has failed to notify it of
a change of address in violation of Article 5.7.
6.4. POST Telecom shall have the right to publish the
Client's name, as well as its address and
profession, in the public subscribers' register,
unless the Client has expressly prohibited this in
writing upon the contract being signed. This data
shall also be made available to the mobile
communication system used and to P&T. POST
Telecom may not be held liable for any publication
error or omission in this register and the Client
shall have no right to any indemnity for such.
6.5. POST Telecom shall have the right to send the
Client advertisements by text message, unless the
Client has expressly forbidden this in writing.
7. GARANTIE PLUS
When purchasing a mobile telecommunication
device sold by POST Telecom as part of a mobile
telephony subscription contract, the Client may
subscribe to a range of additional support and
commercial guarantee services, known as Garantie
Plus. The subscription and implementation
conditions for Garantie Plus are set out in the
Garantie Plus Specific Conditions of Sale.
8. GENERAL INFORMATION
8.1. "Client" shall mean the subscriber and the holder
of an identified pre-paid card.
8.2. POST Telecom's general and special terms and
conditions shall imperatively take precedence over
any of the Client's general and special terms and
conditions and those of any other
operator/provider of mobile telephony services.
Where informative or descriptive elements may be
included in advertising, in documentation sent to
the Client or in the price list sent to the Client, on
the one hand, and the special and/or general
conditions differ or even contradict each other, the
special conditions and the present general
conditions shall take precedence and shall apply.
8.3. Apart from changes to services and tariffs, only
changes made in writing or confirmed in writing by
POST Telecom shall be valid. However, POST
Telecom has the right to accept changes to the
Contract sent by the Client by fax or e-mail. In this
case, the document received and accepted by
POST Telecom shall serve as evidence against the
Client.
8.4. In the event of invalidity of one or more clauses of
the Contract or of the general or special terms and
conditions, the other clauses shall remain valid.
8.5. Without prejudice to the porting procedure, the
rights and obligations resulting from this Contract
may not be transferred to a third party by the
Client without the written authorisation of POST
Telecom. Where POST Telecom intends to transfer
the Contract to another provider, POST Telecom
must inform the Client at least one month before
the scheduled transfer date. Unless the Client
refuses in writing within 25 days of the date on
which the notification letter was sent by POST
Telecom, the Client hereby agrees to such a
transfer, including transfer of the Client's personal
details to the relevant provider.
9. PLACE OF PERFORMANCE AND
JURISDICTION
The place of performance shall be the registered
office of POST Telecom. Any disputes arising from
the Contract or any amendments thereto shall be
subject to the exclusive competence of the courts
of Luxembourg City.
The Contract and, in particular, its performance
and interpretation shall be governed exclusively by
Luxembourg law.
The present document is a free English translation
of the French version of the "Conditions Générales
de Vente pour Services de Télécommunication
Mobiles" and exists for customer information
purposes only. In case of any discrepancies or
contradictions between this English translation and
the French version of the "Conditions Générales de
Vente pour Services de Télécommunication
Mobiles", the text of the latter shall prevail.
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1. DEFINITIONS
Operator/transferring provider or transferrer: the
operator or provider of services from which a
mobile number is transferred
Operator/transferee provider or transferee: the
operator or provider of services to which a mobile
number is transferred
Portability: the option of keeping a number when
changing the service operator or provider.
User: both unsubscribed users and subscribers
Unsubscribed user: a person making use of the
services offered without being subscribed to such
services
2. PORTING TO ANOTHER MOBILE SERVICE
PROVIDER
Should the Client wish to transfer use of the mobile
number made available to him/her by POST
Telecom to another service provider, he/she shall
make a request to that effect to the service
provider (the transferee).
Following receipt of the request, POST Telecom
shall establish whether the Client fulfils the
eligibility conditions to which portability is subject
(ILR decision published on
www.etat.ilr.lu/tele/decis/0477), and shall confirm
the transfer within a period not exceeding three
working days.
With the exception of pre-paid cards that are not
under contract, acceptance of the request for
porting to another service provider shall be subject
to proof that the request originated from the
mobile number subscriber, "subscriber" meaning
the person identified by POST Telecom upon
signature of the Contract with POST Telecom or
3.
subsequently identified as such by POST Telecom.
In order for the mobile number made available to
the Client by POST Telecom to be ported, the
relationship between POST Telecom and the Client
shall not have been cancelled prior to the date
foreseen for porting, and porting shall take effect
no later than 60 days following the request.
Porting shall take place on the porting date
specified in the Client's mandate, which shall be
filled in by the number transferee.
In the event that the Client's request for porting to
SPECIAL TERMS AND CONDITIONS
FOR PORTING
another service provider (transferee) does not
come to fruition or is cancelled by the Client, the
contractual relationship between POST Telecom
and its Client shall continue in accordance with the
general terms and conditions of sale that have
already been agreed.
Where applicable, porting of the number shall
entail the automatic cancellation of the specific
contract with POST Telecom on the next renewal
date, which shall be by way of derogation from
Article IV.5 of POST Telecom's general terms and
4.
conditions of sale. In such a case, POST Telecom
shall communicate a porting number to the Client,
which the Client shall transfer to the new service
provider in order to be able to resume use of the
call number.
The Client may obtain all useful information from
POST Telecom concerning the progress of the
Client's portage request, up until the Client's call
number is ported to another mobile service
provider.
By sending a porting mandate to the new service
provider, the Client may ask the number transferee
for advance information in order to take account of
contractual obligations towards POST Telecom and
avoid double taxation for using the number that is
to be ported. Porting of the number shall be
5.
without prejudice to the contractual obligations
agreed with POST Telecom up until the Contract
renewal date.
The Client acknowledges that he/she shall in
particular settle any unpaid bills and any bills
relating to services rendered prior to porting, as
well as the subscriptions and services provided up
until the next Contract renewal date.
PORTING TO POST TELECOM
Should the Client wish to transfer use of the mobile
6.
number made available to him/her by another
service provider (transferrer) to POST Telecom,
he/she may make a request to that effect by
signing the "PROXY FOR A MOBILE NUMBER
PORTING REQUEST" form.
In the event that the Client fulfils the porting
conditions, he/she shall notify POST Telecom of the
porting number that he/she receives from its old
service provider, in order for POST Telecom to be
able to reinstate the call number and establish a
subscription contract with the holder.
The porting formalities shall be completed by POST
Telecom.
The POST Telecom Contract terms and conditions
shall be separate from the relationship between the
Client and the previous service provider
transferring the number for which the Client has
transferred use to POST Telecom.
LIABILITY
POST Telecom hereby undertakes to manage
porting requests diligently and in accordance with
the relevant legislation.
POST Telecom's liability may not be invoked owing
to misconduct, negligence, non-fulfilment, failures
or malfunctions attributable to the number user or
the service provider to whose network the Client
wishes to port the mobile number made available
to him/her by POST Telecom, and which could
delay, disrupt or prevent such porting.
POST Telecom shall not be held liable for any
damages or delays resulting from force majeure
pursuant to Article 3.2 of POST Telecom's general
terms and conditions.
MISCELLANEOUS
In the event that a pre-paid call number is ported,
any credit shall be lost.
By virtue of the ILR Regulation, the transferee shall
have the right to invoice the Client for a porting
tax.
Porting shall not constitute proper grounds for
cancellation pursuant to Article 4.4, paragraph 2, of
the general terms and conditions of the Contract
with POST Telecom.
FINAL PROVISIONS
Any matters not covered by these special terms
and conditions shall be subject to the general
terms and conditions of POST Telecom. Should
there be any discrepancies between POST
Telecom's general terms and conditions and the
present special terms and conditions, the special
terms and conditions shall prevail.
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