Terms of Sales
MySIM, Simplified joint-stock company.
Having its registered office:
12 place du General Leclerc
92150 Suresnes
France
RCS de Nanterre n° 841 222 474
Date of last update on 28/04/2022
Article 1: object
These conditions of sale govern the contractual provisions relating to sales of the company MySIM providing electronic communications services depending on the package to use of cellular datas (internet).
Article 2 - Price
The prices of our services are indicated in euros without taxes (VAT and other taxes applicable on the day of the order & depending on the country of the buyer) VAT is due in EU Zone, unless otherwise indicated and excluding processing of expedition.
All orders regardless of their origin are payable in euros.
MySIM reserves the right to modify its prices at any time, the service will be invoiced on the basis of the tariff in force at the time of validation of the order and subject availability.
MySIM reserves the right to change its prices at any time. The package prices (Data) on https://www.upesim.com are applicable to all customers, including those who have subscribed to the services before a price change.
The SIM card or eSIM remains the exclusive property of the MySIM company.
Article 3 - Orders
MySIM reserves the right not to record a payment and not to confirm an order for any reason whatsoever, and in particular in the event of a problem with supply, or in case of difficulty concerning the order received.
You can order on :
Website : https://www.upesim.com
Apple Store : https://apps.apple.com/app/my-esim-travel-data-plans/id1548434253
Google Play : https://play.google.com/store/apps/details?id=com.ogloba.ew.mysim.android
Article 4 - Confirmation of your order
Any order on the site https://www.upesim.com aggreed the General Conditions. Any order confirmation entails your full acceptance of these general conditions of sale, without exception or reservation.
All the given data and the recorded confirmation will constitute proof of the transaction.
You declare to have perfect knowledge of it. The order confirmation will be worth signature and acceptance of the operations carried out.
A summary of your order information will be sent to your order confirmation email address.
Article 5 - Payment
Confirming your order means that you have to pay the indicated price.
Payment for your purchases is made by bank card (Visa and Mastercard) or Paypal account. The card is debited at the time of the order.
Article 6 - Withdrawal
IIn accordance with the provisions of article L.121-21 of the French Consumer Code, you have a withdrawal period of 14 days from receipt of the SIM card to exercise your right of withdrawal without having to justify reasons or pay a penalty.
Returns must be made in their original condition, complete and non used. In this context, your responsibility is engaged. Any damage suffered to the SIM card may be such as to defeat the right of withdrawal. On the other hand, the customer will not be able to exercise the right of withdrawal in the event of use of the service. Return costs are your responsibility
In the event of exercise of the right of withdrawal, MySIM will reimburse the sums paid, within 14 days of the notification of your request and by the same means payment than that used when ordering.
In accordance with the provisions of article L.121-21-8 of the French Consumer Code, the right of withdrawal does not apply to digital product (eSIM).
Article 6.1 - Withdrawal / refund of an eSIM
The customer has the right to request a refund if the eSIM cannot be activated after due to a technical problem originating from MySIM if the Support is not able to resolve it. (It is mandatory to declare your issue to try to solve it)
Please note :
1 - You need to make sure your device is eSIM compatible
No refunds will be made due to incompatible device
2 - Your device is eSIM unlocked
No refunds will be made due to locked device
3 - You cannot reinstall an eSIM on your device once it has been deleted
No refunds will be made due to misuse of the eSIM
Article 7- Availability
In case of unavailability of product after placing your order, we will inform you by email. Your order will be automatically canceled and a refun will be made.
Our services are offered as long as they are visible on https://www.mysim-online.com and within the limits of available stocks.
In addition, MySIM is not intended to sell its products in large quantities.
Consequently MySIM reserves the right to refuse orders in abnormally large quantities.
Article 8 - Delivery
Products are instant delivered per email and via App for the eSIM and within 48 hours for the SIM Card excluding weekends and holidays to the delivery address (mainland France) indicated during the ordering process.
In the event of delay in shipment, an email will be sent to you to inform you of any possible consequence on the delivery time which has been indicated to you.
In accordance with legal provisions, in the event of late delivery, you have the possibility of canceling the order under the terms and conditions defined in article L 138- 2 of the Consumer Code. If in the meantime you receive the product, we will reimburse it and transport costs under the conditions of article L 138-3 of the Consumer Code.
In the event of deliveries by a carrier for the SIM Card, MySIM cannot be held liable for late delivery of delivery due exclusively to unavailability of the customer after several appointment suggestions.
Article 9 - Guarantee
In the event of a defective SIM card (and unused credit), the customer can request a replacement for free.
The provisions of this article do not prevent you from benefiting from the right of withdrawal provided for in article 6.
Article 10 - Validity, initial credit and TopUp
The SIM cards and eSIM are valid for a variable sliding period depending on the operator selected from the date of first connection to the mobile network (details in the product file).
At the end of this period, we reserve the right to deactivate the SIM card and eSIM. The initial credit or top-ups and eSIMs have a validity period and are non-refundable.
Article 11 - Liability
The services offered are in accordance with current French legislation. MySIM cannot be held liable in the event of non-compliance with the legislation of the country where the service is used. It is your responsibility to check with local authorities the possibilities of using the services that you plan to order.
Furthermore, MySIM cannot be held liable for damages resulting from misuse of the SIM Card or eSIM service which could lead to roaming charges following misuse of service.
Finally, MySIM cannot be held liable in the event of force majeure and for any inconvenience or damage inherent in the use of mobile networks and the Internet, in particular a breach service, surf on forbiden website ou forbiden content by the law, external intrusion or the presence of computer viruses.
Article 12 - Applicable law in the event of disputes
The language of this contract is French. These conditions of sale are subject to French law. In the event of a dispute, the French courts will have sole jurisdiction.
Article 13 - Intellectual property
All elements of the site https://www.mysim-online.com are and remain the intellectual and exclusive property of MySIM. No one is authorized to reproduce, exploit, redistribute, or use for any reason whatsoever, even partially, elements of the site whether software, visual or audio. Any simple or hypertext link is strictly prohibited without the written consent of MySIM.
Article 14 - Personal data
Within the framework of the Contract, MySIM acts as a reseller and therefore processes the Personal Data of the Client. The Personal Data of the Client collected by MySIM or its partners is processed in accordance with the provisions of the Data Protection Act n ° 78-17 of January 6, 1978 modified and the regulation (EU) 2016/679 of April 27, 2016 relating to the protection of individuals with regard to the processing of personal data and the free movement of such data.
The Personal Data processed by MySIM relates to the data communicated by the Customer during the subscription and updated in their customer area for the duration of the Contract. The processing of Personal Data is for the management of contractual relations between MySIM and the Customer in the context of the Offer and any marketing actions and promotions offered by MySIM to Customers who have given their agreement. The use of certain Personal Data is strictly necessary for the performance of the Contract or is in the legitimate interest of MySIM or results from a legal obligation or is based on the consent of the Client. Personal Data strictly necessary for the performance of the Contract is collected directly from the Customer.
In the absence of communication of this Personal Data, MySIM will not be able to conclude the sales contract or the requested service.
MySIM also endeavors to personalize its services in order to best meet the expectations of its customers. In this context, MySIM is required to collect and process directly or indirectly if the laws in force require it, with the consent of the person concerned, Personal Data not strictly necessary for the performance of the Contract, in order to better understand its Customers and to be able to offer them the most relevant offers.
Article 14.1 - Security of Personal Data
MySIM has taken the appropriate organizational and technical measures to guarantee a level of security adapted to the risk and to prevent, as far as possible: (i) unauthorized access or modification to Personal Data; (ii) improper use or disclosure of Personal Data; and (iii) the illegal destruction or accidental loss of Personal Data.
Article 15 - Proof archiving
MySIM will archive purchase orders and invoices on a reliable and durable medium constituting a faithful copy in accordance with the provisions of article 1348 of the Civil Code.
The computerized registers of the company MySIM will be considered by all parties concerned as proof of communications, orders, payments and transactions between the parties.
