§ 1 Scope and Provider
(1) These General Terms and Conditions apply to all orders you place on our website.
EUROSIM is a service by:
5 Marketplace GmbH
Lütticher Str. 10
50674 Cologne, Germany
(2) Our deliveries, services, and offers are exclusively based on these General Terms and Conditions. Any inclusion of general terms and conditions of a contracting partner that contradict these General Terms and Conditions is hereby objected to.
§ 2 Conclusion of Contract
(1) The presentation of goods in the online shop does not constitute a binding offer according to § 145 of the German Civil Code (BGB) for the conclusion of a purchase contract. Rather, it is an invitation to submit a binding offer.
(2) By clicking the "Order Now" button, the customer submits a binding purchase offer in accordance with § 145 of the German Civil Code (BGB).
(3) After we have received the offer, the customer will receive an automatically generated email confirming that we have received the order (order confirmation in accordance with § 312i(1) No. 3 of the German Civil Code (BGB)). This does not constitute an acceptance of the offer.
(4) A purchase contract for the ordered goods is concluded when we explicitly accept the offer within a period of two weeks after the offer, either by a declaration of acceptance (email) or by sending the goods within a period of two weeks after the offer.
§ 3 Prices and Payment
(1) Payment of the purchase price is exclusively made through the payment methods available on our website (www.eurosim.net).
§ 4 Setoff and Right of Retention
(1) The customer is only entitled to setoff if their claims have been legally established or are undisputed.
(2) The customer may exercise a right of retention only if the counterclaim is based on the same contractual relationship.
§ 5 Delivery and Retention of Title
(1) The ordered goods remain our property until the purchase price has been fully paid.
§ 6 Disclaimer of Liability
EXCEPT AS FAR AS OUR LIABILITY IS NOT EXCLUDED OR LIMITED UNDER APPLICABLE LAW, EUROSIM, OTHER MEMBERS OF THE COMPANY, OR ITS LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, EXECUTIVE OFFICERS, OR DIRECTORS SHALL UNDER NO CIRCUMSTANCES BE LIABLE FOR DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE WEBSITE OR RELATED WEBSITES, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, OR ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF GOODWILL, DATA LOSS, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.You agree to indemnify, defend, and hold harmless EuroSIM and its parent, subsidiaries, affiliates, partners, executive officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party, including but not limited to, if a claim or demand arises in relation to the use of any content uploaded, submitted, transmitted, or otherwise made available by you through the website.GeneralOur failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitute the entire agreement and understanding between you and us and govern your purchase of goods and your interaction with EuroSIM. These Terms of Service supersede all prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafter.In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service. The validity and enforceability of the remaining provisions shall not be affected.
§ 7 Warranty for Defects
The statutory warranty rights apply, subject to the limitation of liability for damage claims according to § 6 of these Terms and Conditions ("Liability").
§ 8 Revocation & Refund
You have the right to revoke this contract within fourteen days without giving any reason. The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, took possession of the goods. To exercise your right of revocation, you must inform us:
EUROSIM - Mobile Data Provider
5 Marketplace GmbH
Lütticher Str. 10
50674 Cologne, Germany
by means of a clear statement (e.g., a letter sent by post, fax, or email) about your decision to revoke this contract. To comply with the revocation period, it is sufficient to send the notification of exercising the right of revocation before the expiry of the revocation period.
Sample cancellation form
To 5 Marketplace GmbH, Lütticher Str. 10, 50674 Cologne, Germany, e-mail address: widerruf@eurosim.net:
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*).
Ordered on (*)/received on (*)
Name of the consumer(s)
Address of the consumer(s)
Signature of consumer(s) (only in case of paper communication)
Date
(*) Delete where not applicable.
Optional information
Order number
E-mail address of the order
When revocation or refund is excluded:
Once you have purchased your eSIM, you will receive a confirmation email with a QR code. Please note that this is a digital product. Once it has been sent by EuroSIM via email, its use cannot be prevented or verified. Therefore, it is not possible to return or refund the purchase of the eSIM unless there is a special circumstance.
EuroSIM shall use reasonable endeavors to provide customer quality service. However, EuroSIM does not guarantee that the service will not be interrupted, provided on time, and be safe or fault-free. However, there are also cases where no refund is possible. For example, if you provided an incorrect email address during the purchase, we can send the eSIM to an alternative address but cannot guarantee that the unauthorized recipient has not already used it.
The customer is solely responsible for ensuring that their device is eSIM compatible and network-unlocked. Device compatibility may depend on the carrier and country of origin, the customer must check the list of eSIM-compatible devices provided on the website. If your device is not compatible with the eSIM, we cannot provide a refund either. You can find a list of compatible devices on our website, and our support team is available to answer your questions. If you change your mind after the purchase and no longer need the eSIM, we cannot provide a refund either since we cannot verify its usage after the email has been sent. Please note that this is not an exhaustive list, and EuroSIM may also be unable to provide a refund in other cases.
Any plan which is not activated within twelve (12) months of purchase shall expire without any refund. Any eSIM which is not used within twelve (12) months of allocation may be cancelled and customer may be required to load a new eSIM his device prior to activation of a plan.
Consequences of revocation:
If you revoke this contract, we will reimburse you for all payments we have received from you, including delivery costs (except for any additional costs resulting from your choice of a different type of delivery than the standard delivery offered by us, which is the most favorable), without undue delay and no later than fourteen days from the day on which we receive the notification of your revocation of this contract. We will make the reimbursement using the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this reimbursement. We may withhold the reimbursement until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier. You must return or hand over the goods to us immediately and, in any event, no later than fourteen days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the expiry of the fourteen-day period. You bear the direct costs of returning the goods. You are only liable for any diminished value of the goods resulting from the handling of the goods other than what is
§ 9 Final Provisions
Contracts between us and the customer are exclusively governed by German law, excluding the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG - UN-Kaufrecht).