§ 1 Scope and Provider
(1) These General Terms and Conditions ("Terms") apply to all orders placed on our website eurosim.net or through any EuroSIM application ("App") and govern the relationship between EuroSIM and any individual customer purchasing eSIM data products or related services for personal, non-commercial use.
(2) These Terms are intended exclusively for consumers (natural persons acting outside their trade, business, or profession). Use of EuroSIM services for commercial purposes, resale, or on behalf of a business entity is strictly prohibited without a separate written agreement.
(3) By using the EuroSIM website, App, or services, you confirm that you are at least eighteen (18) years of age and have the full legal capacity to enter into a binding agreement.
EuroSIM is a service by:
5 Marketplace GmbH
Lütticher Str. 10
50674 Cologne, Germany
(4) 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, either by a declaration of acceptance (email) or by sending the goods within a period of two weeks after the offer.
(5) EuroSIM reserves the right to decline any order at its sole discretion, including for reasons of fraud prevention, regulatory compliance, or technical incompatibility.
§ 3 Description of Services
(1) EuroSIM provides eSIM data plans ("Data Plans") delivered digitally to the customer's registered email address or made available through the EuroSIM website or App in the form of a QR code or direct eSIM profile download.
(2) An eSIM (embedded SIM) is a digital SIM that allows you to activate a mobile data plan without the use of a physical SIM card. Data Plans are provided on a pre-purchase basis only and are available for the period and data volume specified at the time of purchase.
(3) The Services include:
• eSIM Data Plans: mobile data access for the territory and duration specified at the time of purchase;
• Device Compatibility Information: an indicative list of eSIM-compatible devices, available at eurosim.net;
• Customer Support: available via email and other channels as published on the website.
(4) EuroSIM acts as a mobile virtual network enabler (MVNE) and relies on third-party network operators and roaming partners to deliver mobile connectivity. Network availability, quality, and coverage are therefore subject to the infrastructure of those third-party providers.
(5) The Services are provided on an "as is" and "as available" basis. EuroSIM does not guarantee fault-free service and makes no warranties regarding network coverage, quality, or availability in any specific location.
§ 4 Device and Technical Requirements
(1) Prior to purchasing a Data Plan, the customer must ensure that their device is:
• eSIM-compatible (i.e., capable of supporting embedded SIM technology);
• network-unlocked (i.e., not restricted to a specific carrier); and
• capable of connecting to a stable internet connection for the purpose of downloading and installing the eSIM profile.
(2) An indicative list of compatible devices is published on the EuroSIM website. Device compatibility may vary depending on the carrier and country of origin of the device. The customer bears sole responsibility for verifying compatibility prior to purchase.
(3) EuroSIM shall not be liable for any failure of the Services arising from the customer's use of an incompatible, carrier-locked, or otherwise unsuitable device.
(4) Installation of the eSIM profile requires a stable Wi-Fi or mobile data internet connection. EuroSIM does not guarantee the download or installation will succeed under all network conditions.
(5) Once downloaded, the eSIM profile remains stored on the device even after the Data Plan has expired or been fully consumed. The customer may remove the eSIM profile at any time, but must ensure it remains installed for the duration of the active Data Plan.
§ 5 Account Registration and User Obligations
(1) Customers may be required to register an account with EuroSIM in order to purchase and manage Data Plans. Account registration requires the provision of accurate, complete, and current information, including a valid email address and billing information.
(2) The customer is solely responsible for maintaining the confidentiality of their account credentials, including their password. The customer agrees to:
• notify EuroSIM immediately upon becoming aware of any unauthorized use of their account;
• not share account credentials with any third party; and
• keep all account information accurate and up to date.
(3) Accounts are non-transferable. The customer may not assign, transfer, or sublicense their account or any rights derived therefrom.
(4) The customer agrees to use the Services exclusively for lawful, personal, and non-commercial purposes. The customer must not:
• use the Services for fraudulent, unlawful, or abusive communications;
• use the Services for criminal activities or in violation of applicable law;
• engage in any activity that disrupts or impairs EuroSIM's network or the networks of its partners;
• resell, redistribute, or commercially exploit EuroSIM's Services or Data Plans;
• circumvent any technical restriction, protection measure, or access control implemented by EuroSIM.
(5) The customer is responsible for ensuring that the eSIM profile is deleted from any device before transferring ownership of that device to a third party. Failure to do so may result in the third party accessing any remaining active Data Plan, for which EuroSIM accepts no responsibility.
§ 6 Roaming
(1) When using the Services in a country or territory other than the primary coverage area specified for a Data Plan, different local laws, regulations, and network conditions may apply. EuroSIM disclaims all liability for any failure to comply with such local requirements.
(2) Roaming usage may consume data at a faster rate than usage within the primary coverage territory. EuroSIM makes no representation as to the data consumption rates applicable during roaming.
(3) Data Plan roaming coverage is limited to the territories expressly indicated at the time of purchase. Coverage outside those territories is not guaranteed and may not be available.
§ 7 Prices and Payment
(1) Payment of the purchase price is exclusively made through the payment methods available on our website (eurosim.net). EuroSIM reserves the right to update or change available payment methods at any time.
(2) All prices displayed on the website include applicable value-added tax (VAT) and any other taxes or duties required by applicable law, unless otherwise expressly stated.
(3) By providing a payment method, the customer represents and warrants that:
• they are authorized to use the payment method provided;
• all payment information submitted is accurate and current; and
• they authorize EuroSIM to charge the designated payment method for any paid Services selected.
(4) EuroSIM reserves the right to verify payment details prior to completing a purchase as part of its fraud prevention procedures. EuroSIM may decline or cancel any order where there is reasonable suspicion of fraudulent activity.
(5) Payment transactions may be processed by third-party payment service providers. By completing a purchase, the customer acknowledges that their payment information may be processed by such providers in accordance with EuroSIM's Privacy Policy.
(6) Following each successful payment, EuroSIM will provide the customer with a transaction confirmation via email. Customers requiring formal invoices should contact EuroSIM at [email protected].
§ 8 Digital Product — Delivery, Right of Withdrawal, and Refund Policy
8.1 Nature of the Product
(1) The eSIM and associated Data Plans sold by EuroSIM constitute digital content within the meaning of § 356(5) of the German Civil Code (BGB) and Directive 2011/83/EU on Consumer Rights (as amended by Directive 2019/2161/EU). The product is not supplied on a physical data carrier.
(2) Upon conclusion of the purchase contract, EuroSIM delivers the eSIM profile and associated QR code to the customer exclusively by electronic means, either:
• by transmission to the email address provided by the customer at the time of purchase; or
• by making the eSIM profile or QR code available for retrieval via the EuroSIM website or App.
(3) Delivery is deemed complete, and the digital content is considered fully provided, at the moment EuroSIM transmits the eSIM QR code to the customer's email address or makes it available via the website or App, regardless of whether the customer has actually downloaded, installed, or activated the eSIM.
8.2 Express Consent and Loss of Right of Withdrawal
IMPORTANT NOTICE REGARDING YOUR RIGHT OF WITHDRAWAL: In accordance with § 356(5) BGB and Article 16(m) of Directive 2011/83/EU, the right of withdrawal for digital content not supplied on a physical data carrier expires as soon as EuroSIM has begun the performance of the contract, provided that:
• the customer has given their express prior consent to the commencement of performance before the end of the withdrawal period; and
• the customer has acknowledged that their right of withdrawal will be lost once EuroSIM has commenced performance.
(2) By completing the purchase and clicking "Order Now" (or equivalent), the customer expressly and irrevocably:
• consents to EuroSIM commencing performance of the contract immediately upon conclusion of the purchase, i.e. the immediate delivery of the digital eSIM product;
• acknowledges and confirms that they are aware that their right of withdrawal expires upon delivery of the eSIM profile or QR code to the customer's registered email address or upon availability via the EuroSIM website or App; and
• waives any remaining right of withdrawal with effect from the moment of such delivery.
(3) The right of withdrawal is definitively extinguished upon:
• dispatch of the eSIM QR code to the customer's registered email address; or
• provision of the eSIM profile or QR code for retrieval via the EuroSIM website or App —
whichever occurs first, and irrespective of whether the customer has actually opened the email, downloaded the eSIM, installed it on their device, or activated the associated Data Plan.
(4) Once the right of withdrawal has been extinguished pursuant to this section, the provisions set out in § 8 Section 8.3 (Refund Policy) shall govern any further claims.
8.3 Refund Policy
(1) Due to the nature of the product as digital content — which, once delivered electronically, cannot be returned, recalled, or its use prevented or verified — EuroSIM operates a strict refund policy as set out in this section.
(2) No refund shall be granted in any of the following circumstances:
• the eSIM QR code has been transmitted to the customer's registered email address or made available via the EuroSIM website or App (irrespective of activation or actual use);
• the customer has activated the eSIM or Data Plan;
• the customer has consumed any portion of the Data Plan;
• the customer provided an incorrect email address or other incorrect information at the time of purchase;
• the customer's device is not eSIM-compatible or is carrier-locked, as the customer bears sole responsibility for verifying device compatibility prior to purchase (see § 4);
• the customer has changed their mind and no longer wishes to use the purchased Data Plan;
• a third party has gained access to the eSIM as a result of the customer providing an incorrect email address;
• the Data Plan has expired without being activated (six (6) month expiry rule — see below);
• the customer has deleted their account following purchase;
• there is evidence of abuse, repeated refund requests, or fraudulent activity.
(3) Six-Month Expiry: Any Data Plan not activated within six (6) months of purchase shall automatically expire without any entitlement to a refund. Any eSIM profile not used within six (6) months of allocation may be cancelled, and the customer may be required to obtain a new eSIM profile prior to activating a plan.
(4) Exceptional Circumstances: EuroSIM may, entirely at its own discretion, consider a refund or partial refund in exceptional circumstances where it is demonstrably established that:
• the eSIM QR code was not delivered due to a technical error attributable solely to EuroSIM; and
• the eSIM has not been accessed, activated, or used in any form; and
• the customer notifies EuroSIM in writing within seventy-two (72) hours of the scheduled delivery time.
(5) Any refund granted under exceptional circumstances shall be processed within thirty (30) calendar days of EuroSIM's written approval and shall be credited to the original payment method used at the time of purchase.
(6) Please note that this refund policy does not limit any statutory rights that cannot be excluded under applicable mandatory law.
8.4 Sample Withdrawal Form (for reference only)
As the right of withdrawal is extinguished upon delivery of the digital product in accordance with § 8.2 above, the following form is provided for informational purposes only and is not applicable once delivery has occurred.
To: 5 Marketplace GmbH, Lütticher Str. 10, 50674 Cologne, Germany, e-mail: [email protected]:
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
§ 9 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.
§ 10 Delivery and Retention of Title
(1) The ordered goods remain our property until the purchase price has been fully paid.
(2) For digital products (eSIM profiles and Data Plans), delivery is effected exclusively by electronic means as described in § 8.1. Risk of loss or non-delivery due to factors outside EuroSIM's reasonable control (including incorrect email addresses provided by the customer) shall be borne by the customer.
§ 11 Service Suspension and Termination
11.1 Suspension by EuroSIM
(1) EuroSIM may temporarily suspend access to the Services for the purpose of maintenance, upgrades, or modifications. Where reasonably practicable, EuroSIM shall provide advance notice via the website, App, or email.
(2) EuroSIM reserves the right to suspend the Services immediately and without prior notice in the event of:
• a material breach by the customer of these Terms;
• fraudulent, unlawful, or abusive use of the Services;
• a pending investigation following a complaint against the customer;
• failure by the customer to provide information required for regulatory compliance;
• a court order, governmental instruction, or regulatory requirement;
• risk of damage to EuroSIM's network or the networks of its partners; or
• emergency, operational, or security reasons necessitating immediate action.
11.2 Termination by EuroSIM
(1) EuroSIM reserves the right to terminate the customer's account and cancel any active or unused Data Plans, without refund, in the event of a material breach of these Terms, including but not limited to:
• commercial use or resale of Data Plans;
• fraudulent activity or abuse of the refund process;
• provision of false or misleading information; or
• use of the Services in violation of applicable law.
(2) Upon such termination, EuroSIM also reserves the right to refuse the creation of any new account by the same customer.
11.3 Termination by the Customer
(1) The customer may terminate their account at any time by contacting EuroSIM at [email protected] from the email address associated with the account. Termination will be processed following successful account verification.
(2) Termination by the customer does not entitle the customer to any refund for unused Data Plans, except where EuroSIM is unable to continue providing the Services to the customer for reasons unrelated to any action or omission by the customer, in which case a proportional refund of unused Services may be considered.
§ 12 Fair Usage Policy
(1) All EuroSIM Data Plans are intended for individual, personal use only. Commercial use, resale, bulk machine-to-machine applications, or any use that negatively impacts the network performance for other users is strictly prohibited.
(2) Where a Data Plan is marketed as offering unlimited or high-volume data, EuroSIM reserves the right to implement traffic management measures, including data speed throttling, during periods of high network demand or where a customer's usage is found to be disproportionate relative to the average usage of other EuroSIM customers.
(3) Excessive tethering or sharing of data via hotspot with multiple devices or users beyond occasional personal use is prohibited.
(4) EuroSIM reserves the right to monitor data usage patterns and to take appropriate action, including temporary speed reductions, service limitations, or suspension, in the event of misuse or violation of this Fair Usage Policy.
(5) EuroSIM will endeavor to contact the customer prior to implementing any significant restriction or suspension arising from fair usage violations, unless emergency or security considerations prevent prior notice.
§ 13 Lost or Stolen Device
(1) In the event that a device on which an active EuroSIM eSIM is installed is lost or stolen, the customer must notify EuroSIM immediately by email at [email protected].
(2) The customer remains liable for all data usage occurring on the device until EuroSIM has received notification and has had a reasonable opportunity to take action.
(3) Upon receipt of a valid notification and successful account verification, EuroSIM will take reasonable steps to deactivate the eSIM or Data Plan within seventy-two (72) hours.
(4) EuroSIM shall not be liable for any usage or charges incurred on a lost or stolen device prior to receipt of the customer's notification.
§ 14 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.
(1) Without limiting the foregoing, EuroSIM specifically disclaims all liability for:
• interruptions to or degradation of network connectivity attributable to third-party network operators or roaming partners;
• failure or delay in delivery of the eSIM profile due to incorrect contact information provided by the customer;
• incompatibility of the customer's device with the eSIM technology;
• unauthorized access to the eSIM by a third party resulting from incorrect email information provided by the customer;
• cyber-attacks, security breaches, or unauthorized interception of data transmissions;
• data loss, corruption, or service delays arising from circumstances beyond EuroSIM's reasonable control.
(2) To the extent permitted by applicable law, EuroSIM's total aggregate liability arising under or in connection with these Terms shall not exceed the amount paid by the customer for the relevant Data Plan during the twelve (12) months immediately preceding the event giving rise to the claim.
(3) Nothing in these Terms shall limit or exclude EuroSIM's liability for death or personal injury caused by EuroSIM's negligence, fraud, or fraudulent misrepresentation, or any other liability that cannot be excluded by law.
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.
§ 15 Warranty for Defects
(1) The statutory warranty rights apply, subject to the limitation of liability for damage claims according to § 14 of these Terms.
(2) Given the nature of eSIM technology and the reliance on third-party network infrastructure, EuroSIM does not warrant that the Services will be available, uninterrupted, error-free, or of any particular quality or speed. Service interruptions resulting from network operator issues, force majeure, or technical factors outside EuroSIM's control do not constitute a defect within the meaning of applicable warranty law.
§ 16 Data Protection and Privacy
(1) EuroSIM processes personal data in accordance with applicable data protection law, including the General Data Protection Regulation (GDPR) and the German Federal Data Protection Act (Bundesdatenschutzgesetz, BDSG).
(2) Details regarding the collection, processing, and use of personal data, as well as the rights of data subjects, are set out in EuroSIM's Privacy Policy, available at eurosim.net.
(3) By using the Services, the customer acknowledges that EuroSIM may disclose and use personal data as necessary for the provision of the Services, including sharing data with third-party network operators and roaming partners, in accordance with the Privacy Policy.
(4) To the extent required by applicable law, regulation, or order of a government authority, EuroSIM may monitor and disclose information relating to the customer's account or Service usage.
§ 17 Intellectual Property
(1) All intellectual property rights in and to the EuroSIM website, App, software, trademarks, logos, and all content made available through the Services are and shall remain the exclusive property of 5 Marketplace GmbH or its licensors.
(2) The customer is granted a limited, non-exclusive, non-transferable, revocable license to access and use the EuroSIM website and App solely for the purpose of purchasing and managing Data Plans in accordance with these Terms.
(3) The customer must not copy, reproduce, modify, reverse engineer, distribute, or create derivative works from any part of the EuroSIM website, App, or software without prior written consent.
(4) EuroSIM and all associated marks and logos are protected trademarks. The customer is prohibited from registering, adopting, or using any trademark, trade name, symbol, or sign that is identical to or confusingly similar to any EuroSIM trademark.
§ 18 Amendments to these Terms
(1) EuroSIM reserves the right to amend these Terms at any time, including to comply with applicable law, regulatory requirements, or changes to the Services.
(2) Customers will be notified of any material changes to these Terms by reasonable means, including by email or notice on the EuroSIM website, in advance of the changes taking effect.
(3) Continued use of the Services following notification of amended Terms shall constitute acceptance of the revised Terms. If a customer does not agree to the amended Terms, they may discontinue use of the Services.
(4) No amendment to these Terms by the customer shall be effective unless expressly acknowledged in writing by EuroSIM.
§ 19 Force Majeure
(1) EuroSIM shall not be in breach of these Terms, nor liable for any delay in performing or failure to perform any obligation under these Terms, where such delay or failure results from circumstances beyond EuroSIM's reasonable control, including but not limited to:
• acts of God, natural disasters, fires, or floods;
• war, terrorism, civil unrest, or governmental action;
• failures of third-party network operators or infrastructure providers;
• failures of third-party software or telecommunications systems;
• cyber-attacks or security incidents;
• labor disputes, strikes, or embargoes; or
• pandemic, epidemic, or public health emergency.
(2) In such circumstances, EuroSIM shall be entitled to a reasonable extension of time for performing any affected obligations.
§ 20 Export Compliance and Sanctions
(1) The customer warrants that they are not located in, and do not represent any person or entity resident in, any country or territory that is subject to economic sanctions or trade restrictions imposed by the European Union, the United States, the United Kingdom, or the United Nations.
(2) The customer agrees not to use, export, re-export, or transfer EuroSIM's Services in violation of any applicable export control laws or regulations, including those of the European Union and Germany.
§ 21 Final Provisions
(1) Contracts between EuroSIM 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). Mandatory consumer protection provisions of the customer's country of habitual residence shall remain unaffected.
(2) For customers domiciled within the European Union, any disputes may also be brought before the competent courts of the customer's country of habitual residence in accordance with applicable EU consumer protection law.
(3) The place of jurisdiction for disputes with customers who are merchants, legal entities under public law, or persons who have no general place of jurisdiction in Germany shall be Cologne, Germany.
(4) Should any provision of these Terms be or become invalid, void, or unenforceable, the validity of the remaining provisions shall not be affected. The invalid provision shall be replaced by a valid provision that most closely reflects the economic intent of the original.
(5) EuroSIM's failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
(6) These Terms, together with any policies or notices published on the EuroSIM website, constitute the entire agreement between EuroSIM and the customer with respect to the purchase and use of EuroSIM's Services and supersede all prior agreements, representations, and understandings.
(7) The customer may not assign or transfer any rights or obligations under these Terms without the prior written consent of EuroSIM. EuroSIM may assign its rights and obligations under these Terms without restriction.
(8) The English language version of these Terms shall be the governing version. In the event of any conflict between the English version and any translation, the English version shall prevail.
§ 22 Contact
For any questions, complaints, or support requests, please contact EuroSIM:
EuroSIM — Mobile Data Provider
5 Marketplace GmbH
Lütticher Str. 10
50674 Cologne, Germany
Email (support): [email protected]
Website: eurosim.net
EuroSIM customer support is available to respond to enquiries within reasonable business hours.
Last updated: 09.04.2026