General Terms and Condition of Sale
ORANGE Communications Luxembourg S.A. (hereinafter referred to as "ORANGE"), a public limited company incorporated under Luxembourg law, having its registered office at L-8070 Bertrange, 8 rue des Mérovingiens, was authorised in 2003 by the Luxembourg State to implement and operate, in Luxembourg, the fourth UMTS licence, authorising it to provide any electronic communications service, whether mobile or fixed, as well as any associated service falling within its corporate purpose (hereinafter referred to as a whole as "the ORANGE Service").
2. Purpose of the GTC
2.1. These General Terms and Conditions of Sale apply to contracts for the supply of equipment and/or the provision of services, concluded between ORANGE and a consumer customer (hereinafter the "Customer"), pursuant to article L.010-1 of the Consumer Code. They therefore govern the contractual relations between ORANGE and any natural person who acts for purposes that do not fall within the scope of his or her commercial, industrial, craft or liberal activity.
2.2. These General Terms and Conditions of Sale determine the rights and obligations of the parties, together with the Special Terms and Conditions of each ORANGE Service, the subscription request form duly completed and signed, and any amendments thereto, as well as the price plan corresponding to the ORANGE Service chosen by the Customer.
2.3. The subscription request form duly completed and signed by the Customer shall constitute, together with these General Terms and Conditions of Sale and the price plan for the Service chosen by the Customer, the Subscription Contract, as of the date of its signature by ORANGE (hereinafter "the Contract").
2.4. These General Terms and Conditions of Sale apply to the ORANGE Service, excluding the Customer's technical equipment.
In the event of a contradiction between these General Terms and Conditions of Sale and the Special Terms and Conditions of the ORANGE Service, the latter shall prevail over the General Terms and Conditions of Sale.
2.5. These general terms and conditions of sale only apply to sales made on the Orange Luxembourg website or via the customer area.
3. Information provided by ORANGE
3.1. ORANGE shall provide the Customer with all relevant information on its site concerning the Products ordered by the Customer, as well as the manner in which the Products may be purchased and the applicable conditions.
3.2. If a Product ordered by the Customer is not available or a Service ordered cannot be provided, for example for one or more of the reasons provided for in these General Terms and Conditions, the Customer will be informed by e-mail, telephone or SMS. The Order, or the part of the Order that cannot be fulfilled, shall be cancelled in accordance with the provisions of these terms and conditions.
3.3. The Products offered, other offers or promotions and mentions of price are valid on the day they are published on the ORANGE website, unless the duration of the promotions is explicitly stated on the page as being different. The prices quoted include VAT and any recycling fees.
4. Information to be provided by the customer
Any order of a Product, Service or Accessory made remotely requires you to have a valid bank card and delivery to be made to your home or to the place indicated on the order, in Luxembourg.
For the first purchase of equipment by any new customer, the goods will be collected from one of the Orange Luxembourg sales outlets.
The Customer must provide all information required to process the order, as well as any other additional information requested by ORANGE.
The Customer is solely responsible for this information and undertakes to inform ORANGE in the event of any change.
The Customer undertakes to inform ORANGE immediately in writing of any change in the information provided when making the subscription, and in particular of any change of address or financial information (bank account, direct debit, credit card number, expiry date, etc.).
5. The contract
5.1. If the Customer purchases a Product, with the exception of a Service, the Customer shall send the Order electronically to ORANGE after having filled in all the required information and after having accepted the specific conditions relating to the Product and the general conditions relating to the E-shop. If ORANGE accepts the Customer's Order, the Customer shall be informed as soon as possible by sending an e-mail to the e-mail address indicated by the Customer, confirming certain information.
5.2. In the case of the purchase of a Service, the Customer will first have to enter certain personal information and complete the first stage of the Order. In the case of a mobile offer, a SIM card shall only be allocated when the order is prepared by ORANGE. After receiving the SIM card, the Customer must log in to his or her customer area to activate his or her SIM card themselves.
Once the Order has been finalised and dispatched, ORANGE shall confirm the Order information to the Customer by sending an e-mail to the e-mail address indicated by the Customer. The Customer must keep this document. This confirmation does not imply acceptance of the Order.
ORANGE shall then consider the Order and accept or reject it. The Customer shall be informed as soon as possible by sending an e-mail to the e-mail address indicated by the Customer, either accepting the Order and confirming certain information, or rejecting the Order or notifying the Customer that certain information is missing.
The activation of the Service is finalised by the customer by activating his or her SIM card via his or her customer area after receiving it.
As applicable, a security deposit may be required in accordance with the terms and conditions of the chosen Service.
The Contract shall be concluded after ORANGE has accepted the Order and after ORANGE has electronically confirmed this acceptance to the Customer.
5.3. By sending the Order to ORANGE, the Customer accepts the general terms and conditions relating to the Product(s) and/or Service(s) ordered, the general terms and conditions of sale of the ORANGE E-shop, and the prices and tariffs mentioned therein (insofar as such acceptance has not yet been expressly indicated by the Customer when placing the Order).
5.4. ORANGE reserves the right to limit or refuse the Order or to subject the Service to additional conditions if :
the Customer has provided incorrect, incomplete and/or false information,
the Customer has not complied with the obligations incumbent upon him or her under another contract concluded with ORANGE,
in the event of evidence or serious indications of non-payment and/or fraud on the part of the Customer or of use of the Service that is contrary to the Contract, to legal or regulatory provisions and/or to public order or morality,
previous Order(s) are unpaid for any reason whatsoever,
the Customer disrupts or threatens the smooth running of the ORANGE network or damages its integrity.
ORANGE further reserves the right to either limit or refuse the Order or to subject the Service to additional conditions for one or more of the reasons stipulated in the general terms and conditions of the Product and/or Service chosen.
5.5. Right of withdrawal
5.5.1. When the Contract is concluded remotely or outside ORANGE's commercial spaces or independent sales outlets approved by ORANGE, the Customer has a period of 14 days to withdraw from the Contract, without having to give reasons for his or her decision and without being liable to pay compensation. This right is only open to individuals who act for exclusively private purposes, i.e. not in the context of their commercial, industrial, craft or liberal activity. The withdrawal period expires after a period of 14 days from the delivery of the goods if the Contract concerns the sale of goods and after a period of 14 days from the conclusion of the Contract if it concerns a service contract or if the Contract concerns digital content not provided on a physical medium.
To exercise the right of withdrawal, the Customer must inform ORANGE, by means of an unambiguous statement and before the expiry of the withdrawal period, of his or her decision to withdraw from the Contract. To do so, the Customer must go to https://www.orange.lu/return and fill in the withdrawal form, or send his or her decision by post to ORANGE, Service Clients, 8 Rue des Mérovingiens L-8070 Bertrange. The Customer may, but is not obliged to, use the standard withdrawal form attached to the General Conditions. In order to comply with the withdrawal period, it is sufficient for the Customer to send notification of his decision to exercise his or her right of withdrawal before the expiry of this period.
In the case of the purchase of Product(s), ORANGE shall then inform the Customer of the steps to be taken to return the goods. If these steps are not followed, ORANGE reserves the right to refuse the return. Returns to the ORANGE shop are not accepted.
5.5.2. If the Customer withdraws from the Contract, ORANGE shall reimburse all payments already made, including delivery costs (except for any additional costs related to the fact that the Customer has chosen a delivery method other than the less expensive standard method offered by ORANGE). Any installation and activation costs that have been incurred prior to withdrawal for the purpose of providing services to the Customer shall not be refunded. These amounts remain due and cannot be recovered. ORANGE shall refund the Customer using the same payment method as that used by the Customer for the initial transaction, unless the Customer agrees to the use of another payment method and provided that the refund does not incur any costs for the Customer.
The refund shall be made without undue delay and at the latest within 14 calendar days of the date on which ORANGE was informed of the Customer's decision to withdraw from the Contract. If the Contract relates to the sale of a good(s), ORANGE may defer reimbursement until it has recovered the good(s) or until the Customer has demonstrated that he or she has returned the goods, whichever event occurs first. If ORANGE has made goods, equipment or any other accessory available to the Customer under the Contract, the Customer shall contact ORANGE to obtain instructions for their return. The return shall be at ORANGE's expense and no later than 14 calendar days after the Customer has notified ORANGE of their decision to withdraw. This period is respected if the Customer returns the goods before the 14-day period expires. Goods, equipment and accessories must be returned intact and in their original packaging. The Customer shall be liable for any reduction in the value of the goods, equipment and accessories whatsoever resulting from improper use or handling thereof other than that necessary to establish the nature, characteristics and smooth running thereof.
If the Contract is a service contract and the Customer has requested the provision of the services during the withdrawal period, ORANGE shall charge the Customer an amount that is proportional to the services already provided up to the moment the Customer informed ORANGE of his or her decision to exercise his or her right of withdrawal in relation to all the services provided for in the Contract.
If the Contract relates to the delivery of digital content not provided on a physical medium, the Customer acknowledges that he or she loses his or her right of withdrawal if the performance of the Contract has begun with his or her prior consent.
5.6 Commitment period
The contract takes effect on the day your line is activated. It is concluded for a fixed period according to the offer you have chosen.
6. Delivery time, address and method of delivery of the Order
6.1. For Customers who purchase a Product, ORANGE shall deliver the Products ordered by the Customer within 2 working days of the Order. This delivery time is given in good faith but does not constitute a guarantee. A delay in delivery may not under any circumstances lead to the cancellation of the Order and/or to compensation.
6.2. Home delivery
6.2.1. ORANGE delivers the Products ordered by the Customer to the delivery address indicated by the Customer. Several delivery methods can be offered to the customer with delivery costs depending on the method chosen. The Customer shall check whether the address mentioned on the list of parcels corresponds to the one indicated on the delivery note and to the delivery address he or she has given.
6.2.2. The Customer signs a receipt upon delivery of the Products. If he or she refuses the delivery because of visible damage and/or irregularities, he or she is obliged to mention this on the receipt. When signing for the package, the Customer checks the delivery against the packing list on the package.
6.3. Collection from ORANGE shop
6.3.1. The customer may collect his or her order from an ORANGE sales outlet.
Depending on the content of the Order, for security reasons, ORANGE reserves the right to offer the Customer only this delivery method.
Only the person who placed the order online can collect the order from the ORANGE shop (powers of attorney not accepted). To do so, the Customer must bring an identity document. This identity document must be the same as the one the Customer filled in when placing the Order. In the event of non-compliance with these terms and conditions, ORANGE reserves the right to refuse the return of the order.
6.2. If the number or nature of the Products ordered by the Customer does not correspond to what is indicated on the packing list or to the contents of the package, the Customer shall inform ORANGE by calling ORANGE's Customer Service within 2 working days of delivery of the Products. ORANGE shall then inform the Customer of the return procedure, also by e-mail sent to the e-mail address given by the Customer. The cost of returning the goods shall be borne by ORANGE if the Customer meets all the conditions for returning the goods.
6.3. After receipt of the Products concerned, ORANGE shall do everything necessary to deliver the ordered Products to the Customer as quickly as possible. In the event of missing Products, ORANGE shall also make every effort to deliver the missing Products to the Customer as quickly as possible. If, after opening the Products delivered to him or her, the Customer finds that one or all of the Products do not work, he or she may go to an ORANGE shop where he or she will receive the necessary assistance for these defective Products. If, after opening the delivered Products, the Customer finds that one or more Accessories are missing from a Product, the Customer shall notify ORANGE Customer Service within 2 working days of delivery of the Products. ORANGE shall then make every effort to deliver the missing accessories to the Customer as quickly as possible. The Customer is obliged to accept partial or staggered deliveries. ORANGE offers a 24-month legal guarantee of compliance on the Products, and the customer must present the invoice proving his or her purchase from ORANGE.
6.4. Concerning the Customer who purchases a Service : If the Customer wishes to use the Service(s) exclusively for non-business purposes, ORANGE shall send him or her a SIM card by post after the Customer has completed the online Order. ORANGE shall deliver the SIM card 2 working days after acceptance of the Order, to the delivery address given by the Customer, or to the selected ORANGE shop. This delivery time is given in good faith but does not constitute a guarantee. A delay in delivery may not under any circumstances lead to the cancellation of the Order and/or to compensation. If the Customer does not receive the SIM card within the period mentioned or if it is damaged on receipt, the Customer shall inform ORANGE by calling ORANGE Customer Service. If necessary, ORANGE will send a new SIM card.
7. Terms of payment, possible refunds and invoicing
7.1. Concerning the Customer who buys a Product
The Products ordered by the Customer must be paid for before delivery. This payment must be made by credit card in accordance with the provisions of the ORANGE E-shop. If ORANGE refuses or limits the Order, or if the Order cannot be fulfilled for any reason whatsoever, the prepaid amount shall be refunded to the Customer as soon as possible by the same means of payment used for the Order, up to the corresponding percentage of non-fulfilment. The Customer will then be notified by email and/or telephone.
Any refund resulting from the exercise of the right of cancellation shall be made in accordance with the provisions of Article 4.5.
7.2. Concerning the Customer who purchases a Service online
The Service will be billed and paid for in accordance with the terms and conditions of the selected Service. When ordering, the customer must pay any outstanding invoices on his or her customer account, if applicable, the amount requested for the mobile part, if applicable the deposit and the activation and delivery costs.
The prices of the products and services mentioned, which are inclusive of all taxes, excluding delivery costs, are those in force at the time of your consultation and validation of the order.
The content and price of the offers made are subject to change as the offer evolves. Specific offers may be put online, and are strictly applicable to sales made on the online shop only.
Unless otherwise stated or waived, promotions cannot be combined with other ongoing promotions.
8. Personal data
8.1. Processing and Data Controller
ORANGE undertakes to process the Data provided to it by the Customer in compliance with the legal and regulatory provisions in force relating to information technology, files and freedoms, in particular the amended law of 2 August 2002 relating to the protection of individuals with regard to the processing of personal data and the law of 30 May 2005 concerning the protection of privacy in the electronic communications sector, as well as Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of individuals with regard to the processing of personal data and on the free movement of such data, as of its date of application
8.2. Purposes of the processing
Within the framework of providing its services and/or sales, ORANGE collects the Customer's personal data for the purposes of (1) managing the ORANGE Customer relationship, and (2) complying with the laws and regulations applicable to ORANGE in the course of its activities.
Data is processed in order to allow, in particular, (a) the performance of contracts for the provision of the ORANGE Service and/or the supply of equipment, (b) invoicing, (c) support and maintenance of the Services, (d) accounting, (e) archiving, and (f) debt collection. Data is also processed for the purpose of managing the commercial relationship with the Customer and in particular (a) the provision of commercial information, (b) the improvement of the quality, security and performance of the services and (c) direct canvassing for other similar or related services offered by entities of the ORANGE group in Luxembourg or abroad or by third parties. The Customer expressly consents to the processing of the Data for such purposes. ORANGE undertakes to take all necessary precautions to preserve the security and confidentiality of the personal data to which it has access, and in particular to prevent it from being distorted, damaged or accessed by unauthorised third parties.
ORANGE undertakes not to use the data collected in this way for purposes other than those mentioned above.
Other personal data collected and processed by ORANGE to meet its legal obligations are stored in accordance with the applicable law. ORANGE processes Data, including location data (data indicating the geographical position of the Customer's terminal equipment), to meet its legal and regulatory obligations, and may in particular provide data relating to the identification and location of the Customer to the competent authorities in the framework of their legal duties, including in connection with calls to emergency services. The Customer shall have the right to object, on request and free of charge, to the processing of the Data for these purposes and to the disclosure of the Data to other entities of the ORANGE Group or to third parties.
8.3. Recipient of the data
In the framework of the purposes defined above, the Customer accepts that the aforementioned personal data concerning him/her may be transferred by ORANGE to other entities of the ORANGE group in Luxembourg or abroad or to third parties.
However, the latter will only be able to access this personal data for the above-mentioned purposes and in strict compliance with the Customer's rights to the protection of personal data. ORANGE may, however, be required to disclose or transmit this personal data to any competent authority in the context of their legal duties, in particular in the framework of requisitions or for the purposes of conflict resolution.
In this case, ORANGE undertakes to limit the disclosure of data to that expressly required by the said authorities
8.4. Right of access and rectification
ORANGE guarantees, at the Customer's express request, (a) a right of access to his or her personal data, which is exercised by providing a copy of all the data held. (b) a right to rectify his or her personal data, when he or she establishes that the data collected contains inaccurate information. (c) a right to "erasure" of personal data where the data subject no longer wishes to have his or her data processed, provided that such a request is not contrary to a legal, regulatory or contractual provision, or to a legitimate reason justifying its retention. (d) a right to "portability" of personal data: when the data subject wishes to recover the data he or she has provided, provided that this request is not contrary to any legal, regulatory or contractual provision, or to a legitimate reason justifying their non-transmission
The Customer, who has his or her usual residence in the Grand Duchy of Luxembourg, by taking out an ORANGE subscription, is automatically listed in the general directory, unless he or she has agreed otherwise with ORANGE, in advance and in writing, at the time of concluding the Contract. In this case, it will also not be included in the information service, unless explicitly stated otherwise.
9. The Client's consent to remote communication techniques
9.1. By signing these General Terms and Conditions of Sale, the Customer gives his or her prior consent to ORANGE to use remote communication systems, such as the automated call system without human intervention, fax, telephone and e-mail.
9.2. To this end, the Customer expressly consents to his or her electronic, telephone and fax details being used by ORANGE and any other entity in the ORANGE group for the purpose of canvassing for similar products or services.
9.3. The Customer shall have the right to object, free of charge and in writing, including by e-mail, to the sending of commercial communications by ORANGE and/or by other entities of the ORANGE Group and/or third parties.
10. Modification of the present General Terms of Sale and of the ORANGE Service rates
ORANGE reserves the right to modify, in whole or in part, the present General Conditions of Sale.
In the event that one of the clauses of the Contract turns out to be null, unenforceable or invalid, this does not entail the nullity, invalidity or unenforceability of the other clauses of the Contract, unless the Contract cannot exist without this clause.
12. Complaints and disputes
In the event of a dispute, the customer can always go to the European dispute resolution platform (ODR platform): Online Dispute Resolution) at http://ec.europa/odrand the European Consumer Centre in Luxembourg at firstname.lastname@example.org.
13. Jurisdiction and applicable law
Only Luxembourg law is applicable.
Any dispute relating to the existence, interpretation or execution of the Contract shall fall under the exclusive jurisdiction of the courts of the city of Luxembourg.
The Customer expressly acknowledges that he/she is aware of the General Terms and Conditions of Sale and accepts them without reservation or limitation.