Terms of service
Terms and Conditions of eSIMTravel
Last updated: 01/02/2025
1. Introduction and Acceptance of the Terms
These General Terms and Conditions govern the use of the services of eSIMTravel, including the purchase and use of prepaid eSIMs for mobile connectivity. The use of the service implies acceptance of these Terms and Conditions.
The eSIMTravel service is provided by Mindcode S.r.l., with its registered office in Torre Annunziata, VAT number IT10281911213, registered with the Chamber of Commerce of Naples.
1.1 Categories of Users
eSIMTravel provides services to:
• Private Users: Individuals who purchase and use eSIMs for personal purposes.
• Business Users: Companies that purchase eSIMs for their employees or customers.
• Resellers: Commercial partners who distribute eSIMTravel eSIMs.
If the user is under 18 years old, they warrant that they have obtained the consent of a parent or guardian to use the service.
2. Definitions
• eSIM: A digital Subscriber Identity Module (SIM) that enables the activation of a data plan without the need for a physical SIM.
• Data Plan: The data package purchased by the user for a predetermined period and a specified amount of traffic.
• Network Operators: Local and international partners that provide mobile connectivity.
• Compatible Device: A smartphone, tablet, or any other device enabled with eSIM technology.
3. Purchase, Payment, and Activation
3.1 Purchase Method
The purchase of eSIMs takes place exclusively online through the official eSIMTravel website or the official eSIMTravel app. The user must:
1. Select the country where the eSIM will be used.
2. Choose the data plan best suited to their needs.
3. Enter their personal and payment information.
4. Verify the compatibility of their device.
5. Complete the order by making the payment.
3.2 Payment Methods
eSIMTravel accepts payments via:
• Credit/debit card
• PayPal
• Google Pay
• Apple Pay
3.3 eSIM Activation
After purchase, the user will receive by email:
• A QR code for installing the eSIM.
• Detailed instructions for activation.
The user is responsible for activating the eSIM within 180 days from the purchase, unless otherwise indicated on the website or app at the time of purchase. After that period, the eSIM will expire, and no refund will be available.
4. Refund Policy
4.1 Evaluation of Refund Requests
Refunds will be evaluated on a case-by-case basis in collaboration with the network operators.
4.2 Cases in Which Refunds Are NOT Provided
Refunds will not be granted in the following cases:
• After the activation of the eSIM.
• If the user has unused data remaining at the expiration of the plan.
• Network coverage issues not attributable to eSIMTravel.
4.3 Refund Procedure
To request a refund, the user must contact customer support at info@esimtravel.it, specifying the reason and attaching any relevant evidence. eSIMTravel will respond within 10 business days.
4.4 Full Refund
No partial refunds will be granted under any circumstances. A full refund will be provided exclusively if the service is completely unusable for more than 48 consecutive hours due to reasons attributable to eSIMTravel; in such a case, the user will receive the entire amount paid for the data plan.
Note: This condition applies exclusively if the eSIM has not been activated or if, after activation, the service is not provided for the entire period due to reasons attributable to eSIMTravel.
5. Proper Use of the Service
The user agrees to:
• Not use the eSIM for illegal or fraudulent activities.
• Not exceed the usage limits set by the data plan, under penalty of speed reduction or service suspension.
Unlimited Plans
Unlimited plans are subject to the network operator’s Fair Usage Policy. If usage is deemed excessive or adversely affects network performance for other users, temporary speed restrictions may be applied.
6. Service Limitations
eSIMTravel is not an emergency service. The service only provides data connectivity and cannot be used to contact emergency numbers (e.g., 112, 911).
Connection speed and service quality may vary depending on the network operator, the user’s location, and network congestion.
eSIMTravel is not responsible for:
• Service interruptions caused by network operators.
• Technical issues related to the user’s device.
• Local regulatory restrictions that prevent the use of eSIMs.
• Unilateral changes by network operators that affect the service.
• Variations in network coverage or quality.
• Misuse of the eSIM by the user.
Network coverage is not guaranteed everywhere and may vary depending on local conditions.
SUBJECT TO ANY LEGALLY MANDATED PROVISIONS, eSIMTravel provides the service “AS IS” with all its imperfections, excluding any warranty, express or implied, including but not limited to the warranty of merchantability, fitness for a particular purpose, and non-infringement, to the maximum extent permitted by applicable law.
The total liability of eSIMTravel for any claim arising from or related to the use or inability to use the service, whether under contract or tort, shall not exceed the total amount paid by the user.
7. Privacy and Data Processing
7.1 Collected Data
eSIMTravel collects and processes the following personal data:
• Name, surname, email
• Address and phone number (optional)
• Payment data (not stored directly by eSIMTravel)
7.2 Use of Data for Communications
The user may choose to receive promotional communications via email or SMS by opting in at the time of purchase.
• If the user opts in, eSIMTravel may use and share their data with third parties for marketing purposes.
• If the user does not provide consent, their data will be used solely for the provision of the purchased service.
8. Termination and Suspension of the Service
eSIMTravel reserves the right to suspend or terminate the service in the event of:
i. Fraudulent or illegal use of the eSIM,
ii. Repeated violations of these Conditions, or
iii. Attempts to alter or tamper with the service.
Such events will be evaluated based on objective criteria, such as the number of complaints, the extent of anomalies detected in data usage, or documentary evidence of misconduct. In the event of suspension, the user will receive a written notice explaining the reasons.
The user may discontinue the service at any time, without any refund for unused data.
9. Indemnity Clauses
9.1 Force Majeure
Neither party shall be considered in default if the performance of its obligations is delayed or prevented by events beyond the reasonable control of eSIMTravel, such as natural disasters, cyberattacks, network outages, strikes, or other causes beyond eSIMTravel’s control. In such cases, the performance deadlines shall be extended for the duration of the force majeure event.
9.2 Indemnity
The user agrees to indemnify, defend, and hold harmless eSIMTravel, its employees, officers, and affiliates from any liability, loss, damage, cost, or expense (including legal fees) arising from:
(a) violations of these Terms and Conditions by the user;
(b) improper or fraudulent use of the service; or
(c) any violation of applicable laws or regulations by the user.
This indemnity obligation does not apply in cases of willful misconduct or gross negligence by eSIMTravel.
10. Dispute Resolution
10.1 Applicable Law
These Terms and Conditions are governed by Italian law.
10.2 Competent Forum
In the event of any disputes, eSIMTravel undertakes to seek an amicable solution. If this is not possible:
• For private users: the competent forum shall be the court of the user’s place of residence.
• For business users: the competent forum shall be the Court of Torre Annunziata.
11. Right of Withdrawal
11.1 Exclusion of the Right of Withdrawal
In accordance with Article 59, paragraph 1, letter (o) of the Italian Consumer Code, the right of withdrawal does not apply to digital services once activated.
By purchasing an eSIM, the user expressly acknowledges that the service is provided immediately after purchase and that, once the eSIM is activated, the right of withdrawal is lost.
11.2 Refund Request Before Activation
If the eSIM has not been activated, the user may request a refund in accordance with the conditions set forth in our Refund Policy (see Article 4).
12. Amendments to the Terms and Conditions
eSIMTravel reserves the right to modify these Terms and Conditions. For any substantial changes that significantly affect the rights or obligations of the user, eSIMTravel will send an explicit communication with a notice period of not less than 15 days. In such cases, the user will have the option to withdraw from the contract without penalty if they do not accept the modifications. Continued use of the service after the notice period will be deemed as tacit acceptance of the changes.
If the user continues to use the service after such period, the modifications shall be deemed accepted.