General terms and conditions of the FACOM® MOBILE warranty

These general terms and conditions of sale have been updated on January 1st 2016

It is specified in advance that these conditions only apply to sales by FACOM® Mobile.


1.1 - The prices of our products are quoted in Euros (€) including tax and without handling and shipping costs. (See Delivery/ deadlines and costs).

1.2 - FACOM® Mobile reserves the right to change its prices at any time; however, the products will be invoiced at the price in force at the time the orders are recorded.

1.3 - The products delivered remain the property of FACOM® Mobile until effective payment of the total amount due.


You can place your order on Internet:, by phone calling 0800 000 000 from Europe. From Monday to Friday and from 9.00 am to 6.00 pm. Call +(33) 00 00 00 00 from overseas. FACOM® Mobile has the right to cancel or decline the acceptance of the order from a customer who may be involved in a dispute concerning the payment of a previous order.


You acknowledge to have fully understood and accepted the hereby general conditions before making any order. The validation of your order is worth acceptance of these General Conditions of Sale. Unless proved otherwise, the data recorded by FACOM® Mobile shall constitute proof of all transactions performed by ADAR Générale Télécom Services and its customers.


Our offers of products and prices are valid for as long as they appear on the website and while stocks last. For products not stored in our warehouses, our offers are valid subject to availability in our providers' stock. In this latter case, information on the availability of products will be provided when you place the order. Since this information comes directly from our commercial department there may be errors or modifications in exceptional cases. In the event of unavailability of a product after placing the order, we will inform you by e-mail or by mail as soon as our providers inform us. Your order will be automatically cancelled and your money will be immediately refunded if your bank account has already been debited.


5.1 General information

The articles bought on FACOM® Mobile website are delivered to the delivery address that you have indicated on the order form. When you order several items with different delivery dates at the same time, we will quote the latest date for the estimated delivery. However, FACOM® Mobile reserves the right to divide the order into separate shipments.

Only dispatched products will then be debited from your account. The processing and shipping fees will only be invoiced once. In case of delay in shipment, an email will be sent to the customer. The products not delivered within 30 days after placing the order will be canceled unless otherwise specified in the sale offer. When paying by check, the order will be processed upon receipt of check and effective payment. Consequently, the delivery delay only applies once the check has been received and therefore can be changed from the day of the order placement.

5.2 - Delivery problems

In the event of any issue or problem regarding the delivered product, the customer must inform the shipment service and FACOM® Mobile within 10 days after reception of the product.


Payment can be made by: - Bank card: Visa, MasterCard, American Express, - by bank check (must be issued by a bank domiciled in metropolitan France or Monaco). The check will be cashed upon receipt. The bank check must be sent to FACOM® Mobile - 15 allées Jean Jaurès - 31000 TOULOUSE - France. In the particular case of pre-ordered products, your credit card can be charged up to 3 business days before the dispatch of your order.


Refunds for products in case of exercise of your right of withdrawal must be performed within 14 days from the date on which we have been informed about your decision. However, we reserve the right to postpone the refund, either receiving the returned products, or, at least, to receive the proof of that you have re-ship the product to us. The amount will be refunded, at your discretion, either by crediting your bank account or by issuing a check in the name of the Customer who has placed the order and sent to the invoicing address. No return for cash on delivery will be accepted for any reason.


You have 14 days from the date of receipt to return a product that you are not satisfied with. Shipping costs will be at your charge. Only the price of the purchased products and the shipping costs to your delivery address will be refunded. Returns must be sent to FACOM® Mobile - 15 allées jean Jaurès - 31000 TOULOUSE- France. This right of withdrawal will be only accepted for products returned in their original packaging, which are complete (packaging, accessories, instructions, etc.), in good condition and accompanied by a copy of the original invoice. The items returned incomplete, damaged, dirty, or spoiled by the customer will not be taken back. A withdrawal form is at your disposal by clicking the following link. The right of withdrawal does not apply to software with their cellophane wrappers removed by the customer or for services for which performance has begun, with the customer's prior express consent, before the end of the 14 days withdrawal period mentioned above.


Our website uses a system of protection; we have adopted the SSL coding system, but we have also reinforced all the scrambling and encryption processes in order to ensure that all data relative to payment is protected to the highest possible extent.


For any information or question, our customer service is available: Phone +(33)5 61 63 60 60 Fax : +(33)5 61 63 60 67. From overseas: +(33)5 61 63 60 60 Address: FACOM® Mobile - 15 allées Jean Jaurès - 31000 TOULOUSE - France


Some products such as software are subject to personal and specific rights regulating copying, public performance and hiring.

You must respect the general conditions of sale of these products; ADAR Générale Télécom Services cannot be held responsible for any use made of these products in this context.


The products offered are in compliance with the French legislation in force. FACOM® Mobile will not be held responsible in case of non-respect of the legislation of the country where products are delivered (for example, if the product is prohibited…). It is up to the customer to check with the local authorities the possibilities of importation or use of the products that is planned to order. We would suggest you to read carefully each product's description to see its precise characteristics, or to contact us in case of doubt or further information. FACOM® Mobile is only responsible for the content of the pages it publishes. Please contact our customer service with questions or concerns regarding the products; phone: +33(0)5 61 63 60 60.

If purchasing on a professional basis, FACOM® Mobile will not be held responsible for any indirect damages due to this contract, operating loss, loss of profit, loss of opportunity, damages or costs that may arise from the purchase of these products. You are reminded that it is advisable to back up the data contained in the products purchased. ADAR Générale Télécom Services will not be held responsible for any loss of data, files or damage defined in the previous paragraph. In case the products cannot be used, whether in part or in full, particularly due to equipment being incompatible, FACOM® Mobile shall not be held responsible and will not accept any claims for compensation or refund.


In all events, the customer will benefit from legal conformity guarantees and latent defects, and this, in compliance with the legal provisions in force. We remind you the legislation relating to the legal guarantee :

- Article L211-4 of the French Consumer Code: the seller must delivers goods in conformity with the contract and is to be liable to the customer for any lack of conformity in the goods at the time when they are delivered. The seller is also responsible for any lack of compliance resulting from the packaging, the set-up or installation instructions when such conformity was covered by the contract or was performed under its responsibility.

- Article L211-13 of the French Consumer Code: The provisions of this section do not deprive the purchaser of the right to institute proceedings arising from redhibitory defects, such as those resulting from articles 1641 to 1649 of the civil code or any other proceedings of a contractual or extra contractual nature recognized by law.

- Article 1641 of the French Civil Code: The seller is bound to a guarantee on account of the latent defects of the thing sold which render it unfit for the use for which it was intended, or which so impair that use that the purchaser would not have acquired it, or would only have paid a reduced price for it, had he known of them.

- Article 1642: The seller is not liable for patent defects which the purchaser could have discovered himself.

- Article 1643: the seller will be held responsible for hidden defects even if he is not aware of them unless he expressly excludes this liability in the contract.

- Article 1644: Under Articles 1641 and 1643, the purchaser may choose to return the item and obtain a refund of the price or keep the item and obtain a refund of a portion of the price.

- Article 1645: If the seller was aware of the defects, it is liable, in addition to refunding the price it received for the item, for all damages payable to the purchaser.

- Article 1646: If the seller was unaware of the defects, it will only be liable for refunding the price of the item and for reimbursing the purchaser for the expenses arising from the sale.

- Article 1647: If the defective item wears out as a result of its poor quality, the seller is responsible for the loss and must refund the price to the purchaser and pay the other damages described in the two previous articles. However, the purchaser will be responsible for a loss resulting from a fortuitous event.

- Article 1648: Action resulting from unacceptable defects must be brought by the purchaser within two years of discovery of the defect. In the case covered by Article 1642-1, in order for the right to be exercised, the action must be brought in the year following the date on which the seller may be released of liability for obvious defects or obvious non-conformities.

- Article 2232 of the French Civil Code : Delaying the start date or suspending or interrupting the period of limitation shall not have the effect of extending the period of limitation to more than twenty years from the date the right first applied. The first paragraph shall not apply in the cases mentioned in Articles 2226, 2227, 2233 and 2236, in the first paragraph of Article 2241 and in Article 2244. Furthermore, it shall not apply to actions relating to the condition of individuals.

Contractual guarantee Products purchased on FACOM® Mobile may be entitled to a guarantee. It is shown on the sheet article products available on the website. In order to find out how to submit an application for the after sales service in case of problem or product’s failure, please call us at +(33)5 61 63 60 60. To be able to benefit from the guarantee of products it is necessarily advisable to keep the invoice of purchase of the product. The contractual guarantee does not cover: - Replacement of consumables (battery, hands-free sets, charger, dynamo charger). - Incorrect or non-compliant use of products. In this regard, we invite the customer to read carefully the instructions guide provided with the products. - Breakdown linked to accessories (supply cables, etc.), - Faults and their consequences due to a repairer not authorized by FACOM® Mobile. - Faults and their consequences due to external causes. Whatever the case, you are covered by the standard terms of guarantee and in particular those relating to the legal guarantee mentioned in the article 13 above. ARTICLE 14 The hereby conditions are bound by the French Law. In case of a claim with professionals and/or sellers, the Court of Justice of TOULOUSE will be competent. In the event of litigation, the French courts will be only qualified. ARTICLE 15 Your personal information and data are required for processing your order and for our sales relationship. These may be transmitted to other companies who collaborate with us in fulfilling your order, to facilitate the management, execution, fulfillment and payment of your order. This information and data is also stored for security purposes in order to comply with legal and regulatory obligations and to enable us to customize and improve the services we offer and the information we send you. According to the Data Protection Act of January 6th, 1978, you have at any time, a right of access, rectification and opposition to all of your personal data by writing us a letter