1. General – Definitions
- General Conditions: these General Conditions, the wording of which is attached to the user manual supplied when the starter kit was purchased and can also be consulted on the following website: www.carrefour.eu;
- CARREFOUR: société anonyme CARREFOUR BELGIUM, which has its registered office at 1140 Evere, avenue des Olympiades 20, RPM n°0448.826.918, which markets the Carrefour Mobile Network Services;
- SIM card: the card which has to be inserted into a mobile telephone in order to enable it to access the Carrefour Mobile Network Services. The card enables the Client to be identified on the Carrefour Mobile Network;
- Client: the individual who uses the Carrefour Mobile Network Services;
- Contract: the contractual relationship between the Client and CARREFOUR relating to the use of the Carrefour Mobile Network Services. The contract consists of the General Conditions and the tariffs available on www.carrefour.eu/mobile; the contract commences upon payment of the activation charges; the contract may only be entered into with a private individual and not with business users of any kind;
- Prepaid call credit: the unused part of the prepaid Pay-as-you-go card or Top-up;
- Prepaid Pay-as-you-go card: the prepaid amount which gives the Client the same amount of access to the Carrefour Mobile Network Services via his SIM Card, without being invoiced;
- Top-up: renewal of the prepaid Pay-as-you-go credit in the form of a hidden top-up code (“scratch card”) or in any other form introduced by Carrefour;
- Carrefour Mobile Network: the mobile telephony network marketed by CARREFOUR;
- Carrefour Mobile Network Services: the mobile phone service and additional services provided by CARREFOUR via its mobile telephony network. These services may include both sound and data transmission;
- SMS: refers to the technical capability to send and receive brief written messages of no more than 160 characters via a GSM.
2. Connection and activation procedures
3. Services, obligations and liability of Carrefour
3.1. Roaming and international calls
CARREFOUR offers the Client the possibility of making or receiving calls from certain countries other than Belgium (“roaming”) or of making calls from Belgium to certain foreign networks (international calls). The list of these countries and the prices charged for these roaming services and international calls is available from CARREFOUR or on the website www.carrefour.eu/mobile and is regularly updated based on agreements entered into by CARREFOUR with other operators for this purpose.
3.2. Call number
3.2.1 A mobile telephone number (GSM number) shall be allocated to the Client. The Client does not have the right to demand or retain a specific number unless the Client transfers his number from another mobile telephony operator to the Carrefour Mobile Network, in which case he may retain the number allocated to him originally by the said other operator.
3.2.2 The Client is not entitled to subsequently amend the GSM number allocated to him.
3.2.3 The Client accepts that the GSM number and/or prepaid credit shall be permanently lost if the Client fails to comply with the conditions specifically set out by CARREFOUR and made known to the Client via the website www.carrefour.eu/mobile , text or other communication techniques. In particular, CARREFOUR reserves the right to terminate the contract in the event of non-use of the GSM number for a period of 6 months after making/sending the last chargeable call or text message (use meaning to make a call or send a text message). The Client is deemed to have accepted these specific conditions by virtue of having purchased a starter kit or Top-up.
3.2.4 In the event of the contract being terminated pursuant to article 3.2.3 above, the Client shall be informed by two text messages (the first one month prior to the end of the contract and the second one week prior to the end of the contract) of the possibility of retaining his GSM number as part of mobile number portability (MNP), by taking the necessary steps within the deadline. If he fails to do this, the Client shall lose his number permanently.
3.3. CARREFOUR’s obligations
3.3.1. CARREFOUR will do all it can to ensure the security and reliability of the Carrefour Mobile Network and the proper operation of the Carrefour Mobile Network Services. The Client acknowledges that the perfect operation of the Carrefour Mobile Network Services cannot be guaranteed because (I) the Carrefour Mobile Network does not cover the whole of the territory and population of Belgium and (II) radio signals can be obstructed by external factors such as buildings, vegetation or topography or by the type of mobile phone used.
3.3.2 With respect to the provision of the Carrefour Mobile Network Services to the Client, CARREFOUR is under an “obligation de moyen / middelenverbintenis”. Therefore CARREFOUR will make its best effort to ensure the Client is provided with the best service. However CARREFOUR shall not be liable under any circumstances for losses suffered by the Client as a result of external factors and/or as a result of the actions of the Client himself, notably but not exclusively:
- malfunctions or quality defects in the Carrefour Mobile Network Services caused by external factors;
- loss of use attributable to works to maintain, improve and/or extend the Carrefour Mobile Network;
- poor or incorrect use of the Carrefour Mobile Network Services by the Client;
- malfunction of the mobile phone or accessories;
- use by the Client of a mobile phone
- contrary to the instructions
- in the circumstances referred to in article 4.4.2. or
- which has not been duly approved in accordance with the ETSI standards or applicable Laws;
- the intervention of third parties in spite of CARREFOUR’s security measures;
- use or abuse of the Client’s PIN
as a result of this code being deliberately or accidentally divulged to a third party,
if the Client has not immediately changed the standard PIN code to a personal code, or
if the Client has changed the standard PIN code into a simple personal PIN code (e.g. 1234, 5555, etc.).
3.3.3. Under no circumstances shall CARREFOUR be held liable for consequential and or indirect loss suffered by the Client in connection with the Contract, notably but not exclusively, loss of profit or turnover.
3.3.4. CARREFOUR declines all liability in respect of :
- the content of conversations held as part of the Carrefour Mobile Network Services;
- the services and information provided by telephone by any third party or accessible via the Carrefour Mobile Network Services;
3.4. Personal data
3.4.1. Data of a personal nature relating to the Client, including electronic contact details (e-mail address, telephone number, etc.), which the Client has given to CARREFOUR, usage details (called numbers, precise timetables of calls, Internet connections …), location data and technical data are recorded on CARREFOUR’s files. This data is processed by CARREFOUR or by third parties acting in CARREFOUR’s name or on its behalf, with a view to performing the contract, managing and administrating clients, litigation management, creation of user profiles, quality control, planning and organization of the telecommunications infrastructure, interconnection with the electronic communication networks of other operators and preventing fraud and offences. The processing of this data shall be subject, inter alia, to the provisions of the law of 8 December 1992 on the protection of privacy with regard to the processing of data of a personal nature and the law of 13 June 2005 on electronic communications. The data is stored up to a maximum of 6 months after deactivation of the Carrefour Mobile SIM card concerned. Certain specific categories of data, such as traffic data and location data are kept not longer than 12 months.
The data is not used nor communicated to third parties for commercial or marketing purposes, unless the customer expressly and explicitly gives his prior consent.
Carrefour may use anonymous location and usage data, possibly in combination with other anonymous data, to provide reports to third parties or to compile statistics.
The Client may find out what data about him is held in CARREFOUR’s files and may seek to have it amended via duly signed and dated application, accompanied by a one-sided copy of the identity card. These documents are sent to POSTBOX 100011,1170 Brussels or by email to email@example.com If the Client has agreed to his personal data being used for marketing and market research purposes, he shall have the right to oppose it subsequently free of charge by sending a letter to POSTBOX 100011,1170 Brussels or by email to firstname.lastname@example.org. In the context of its legal duty to assist the support services and courts, CARREFOUR may pass on certain personal data (as well as their location) to the authorities or duly authorized persons.
In order to offer services based on location, Carrefour Mobile may be required to process information relating to the location of the Customer. This data is stored up to a maximum of 6 months after deactivation of the Carrefour Mobile SIM card concerned in order to help the Client in case of technical problems. In this case, if the location-based services are offered by a third party, the data is transmitted to it.
The Client can also obtain more information about the data bases referred to in this article by contacting the Commission for Privacy Protection (www.privacy.fgov.be ).
3.4.2. The Client accepts and expressly consents to his calls to CARREFOUR being listened to by other CARREFOUR employees or consultants who are not the direct interlocutors of the Client, inter alia for staff training and monitoring purposes.
3.4.3. The Client accepts that CARREFOUR, at the request of the Telecommunications Mediation Service, SPF Economie or any other relevant authority, shall be informed of the content of communications in respect of which a complaint or objection is made and shall forward this to the said organisations if necessary.
4. Rights, obligations and liability of the client
4.1 Prudent use
The Client shall use the Carrefour Mobile Network Services as a normally prudent user, in compliance with the Contract, with the legal provisions applicable and in a way which is not contrary to public order or accepted standards of behaviour.
4.2.1. In the absence of the Contract being transferred in accordance with article 8.2., the Client is and shall remain solely liable with regard to CARREFOUR for the performance of his obligations under this Contract.
4.2.2. The Client shall be liable for any loss which CARREFOUR suffers as a result of the Client breaching one of the obligations imposed under this Contract.
4.3. SIM card – PIN code
4.3.1. In order to prevent abuse, immediately upon receipt of his SIM Card, the Client shall change the standard PIN code into a personal PIN code. The Client shall be responsible for keeping this code strictly secret.
4.3.2. The Client does not own the SIM Card given to him. The Client may not sell, lend, damage or destroy the SIM Card. Within 7 days of the end of the Contract, the Client shall return the SIM Card to CARREFOUR by sending it to POSTBOX 100011,1170 Brussels. The Client shall take all steps to avoid misuse or unlawful use of the SIM Card. Any attempt to reproduce the SIM Card’s technical identification data and any fraudulent use of the SIM Card shall be prohibited.
4.3.3 In the event of loss or theft of the SIM Card, the Client shall remain responsible for the use thereof and for the payment of call charges and other costs until such time as he requests the suspension of the Carrefour Mobile Network Services by email, at the address email@example.com or by telephone to number 078 150 164. When making such a request, the Client must be able to identify himself as the legitimate holder of the SIM Card (for example by giving the PUK code attaching to the SIM Card which is shown on the plastic card holding the SIM Card, which the Client shall retain in accordance with the instructions in the user manual supplied with the starter kit). This request must be confirmed in writing to the address POSTBOX 100011,1170 Brussels within 8 days of the declaration. The written confirmation shall be accompanied by the report number of the declaration of the loss or theft made to the police. The Client shall not be entitled to any refund of the pre-paid call credit. At the Client’s request, and in consideration of payment, CARREFOUR shall provide the Client with a new SIM Card. CARREFOUR undertakes to do what it can to lift the suspension of the Carrefour Mobile Network Services of the Client who is in possession of a new SIM Card or who has found his lost SIM Card, within a period of 5 working days with, if applicable, the prepaid call credit being maintained.
4.4. Mobile phone
4.4.1. The Client undertakes only to use the Carrefour Mobile Network Services via a telephone which is suitable for the Network and is approved under the E.T.S.I. standards. The Client shall comply scrupulously with the instructions for his mobile phone. Both before activation of the Carrefour Mobile Network Services and afterwards, CARREFOUR may demand that the Client present his mobile phone for inspection purposes. The use of any other equipment, including the use of simboxes or GSM gateways, shall be prohibited. The Client accepts that calls emanating from or intended for such non-authorised equipment shall be blocked automatically and without prior warning and such usage shall entitle CARREFOUR to suspend and/or terminate the Carrefour Mobile Network Services immediately and without prior warning.
4.4.2. The Client declares that he is aware of the risks associated with the use of mobile phones, and in particular the risks which can arise as a result of using a mobile phone whilst driving a vehicle, refuelling or being in the proximity of fuels and explosives, and the interference which the use thereof can cause to medical equipment and in aircraft.
4.5. Sending text messages
4.5.1. The Client cannot send text messages via the Carrefour Mobile Network to groups of more than twenty (20) mobile phone users, whether or not they have been previously identified.
4.5.2. The Client cannot send text messages via the Carrefour Mobile Network where such messages have a commercial content of any kind.
The Carrefour Mobile SIM card is activated only after the Customer has been correctly identified in accordance with the provisions of the Royal Decree of 27/11/2016 on the identification of the final user of public mobile electronic communication services provided on the basis of a prepaid card. Customer identification must be done via the Carrefour Mobile website. Carrefour verifies and controls the personal data that the Customer has introduced and confirmed. After control and verification, Carrefour sends the activation code of the said SIM card by post to the Customer. Upon receipt of the activation code, the Customer must enter his mobile phone number and activation code on the Carrefour Mobile website, after which the Carrefour Mobile SIM card will be activated. The Customer has to identify again within 18 months.
In case of doubt as to the reliability and the personal data communicated by the Customer, Carrefour may refuse to activate the Carrefour Mobile SIM card.
Carrefour may change the method of identification at any time.
As stated above, the Client will be obliged to carry out a new identification in accordance with one of the methods identified by Carrefour and at its simple request. This request may be addressed to the Client in one of the following ways:
If the customer has not identified with Carrefour within the allotted time, Carrefour has the right to block the Carrefour Mobile SIM card.
The use of the Carrefour Mobile SIM card is personal and cannot be transferred to third parties.
In the event of loss or theft of its Carrefour Mobile SIM card, the Customer must notify Carrefour within 24 hours. Carrefour immediately deactivates the Carrefour Mobile SIM card.
In the event of deactivation of the Carrefour Mobile SIM card, the Customer loses the residual call credit of his card.
Any Customer of Carrefour Mobile who had his Carrefour Mobile SIM card before the entry into force of the mentioned Royal Decree is obliged to complete the identification procedure by 7 June 2017 at the latest. If the Customer does not perform this identification, or if he does not do so correctly, his Carrefour Mobile SIM card will be deactivated and the Client is required to identify himself, in accordance with the applicable legislation, with the means made available by CARREFOUR. If the Client fails to identify himself within the time limit and according to the stated requirements, CARREFOUR will terminate the Contract immediately without compensation for the Customer. In this case, the Customer loses the residual call credit of his card.
5. Services and data transmission
the content, integrity or accuracy of the data transmitted by third parties;
damage to or loss of data transmitted by third parties;
transactions entered between the Client and a third party via the Carrefour Mobile Network Services;
any breach of the confidentiality of the data transmitted via the Carrefour Mobile Network Services.
6. Use of the Carrefour Mobile Network Services for specific purposes
8. Transfer of the contract
9. Suspension of the Carrefour Mobile Network Services by CARREFOUR
if the Client fails to comply with the duties arising out of the Contract;
in the event of fraud or the presumption of fraud as a matter of common knowledge;
if CARREFOUR discovers that the mobile phone used by the Client can cause interference or is not
10.1. CARREFOUR may change or limit, temporarily or permanently, the technical characteristics of the Carrefour Mobile Network Services if the operation or organisation of the Carrefour Mobile Network Services so require as long as CARREFOUR does not modify the essential characteristics of the Carrefour Mobile Network Services. If such a change has implications for the Client, CARREFOUR shall inform the Client thereof 1 month in advance.
10.2. Apart from any exceptions agreed by the Belgian Institute of Postal Services and Telecommunications, CARREFOUR shall undertake to notify the Client in a suitable manner (by publishing it on the website www.carrefour.eu/mobile , by text or other means of communication) one 1 month prior to when they come into force, of any future changes to the General Conditions and tariff increases.
10.3. By purchasing a Top-up after the notification referred to in point 10.2, , the Client shall be presumed to have irrevocably accepted these changes.