Terms and conditions of use

0. Provisional document — legal review pending

This document has not yet been reviewed or approved by a lawyer. It is published so that the service can be tested.

Legal review by an Austrian legal adviser will take place before the service opens to the public.

1. Provider

The provider and contracting party is:

Eljhat Kadrii e.U., trading as HAUS DES HANDYS, Hernalser Hauptstraße 135, 1170 Wien, Austria.

Firmenbuchnummer (company register number): FN 628945w, Handelsgericht Wien. UID number: ATU81376119.

Email / customer support: contact@esimple.at.

Hereinafter referred to as “HAUS DES HANDYS”, “we”, “us” or “the provider”.

2. Scope

These general terms and conditions apply to the sale and provision of eSIM products, mobile data packages and related digital services by HAUS DES HANDYS.

They apply equally to:

• orders placed through our online shop or our digital sales platforms;
• purchases made in our store in Vienna;
• purchases made by consumers (B2C);
• purchases made by businesses (B2B), unless expressly agreed otherwise.

Mandatory statutory consumer protection provisions apply to consumers irrespective of these terms and conditions.

3. Description of the eSIM service

An eSIM is a digital SIM profile installed on a compatible mobile device which gives the customer – depending on the plan purchased – access to mobile data services in the countries or regions indicated.

The exact scope of each eSIM package is displayed before purchase and may in particular include:

• supported countries or regions;
• data volume;
• period of validity;
• the time of, or conditions for, activation;
• supported mobile networks;
• 4G, LTE or 5G availability;
• where applicable, voice calls and/or SMS;
• where applicable, fair-use rules.

Unless expressly stated for a given plan, an eSIM does not as a rule confer any entitlement to an Austrian or other telephone number, to voice calls or to SMS.

The plan information shown on the relevant product page forms part of the contract.

4. Device compatibility

It is the customer’s responsibility to check before purchase that their device:

• supports eSIM technology;
• is not restricted by a SIM lock or carrier lock;
• supports the mobile frequencies required in the destination country;
• allows eSIM profiles to be installed and used.

A list of compatible devices or corresponding guidance may be made available on our website.

The mere fact that a device model supports eSIM does not guarantee that every regional variant of the same device supports it.

If in doubt, the customer may contact our support before purchase at contact@esimple.at.

5. Conclusion of the contract in the online shop

The presentation of eSIM offers in the online shop constitutes, as a rule, an invitation to place an order.

The customer selects the desired eSIM package and places a binding order by activating the order function marked as subject to payment.

Before completing the order, the customer is given the opportunity to review the essential contractual information, in particular the plan, price, data volume, validity and destination country.

The contract is concluded upon our acceptance of the order. Acceptance may in particular take the form of:

• an order or contract confirmation;
• provision of the eSIM profile;
• transmission of a QR code or activation link.

The contract confirmation is, as a rule, made available to the customer by email or on another durable medium.

6. Conclusion of the contract in store

For a purchase in our store, the contract is concluded upon acceptance of the order and payment or provision of the eSIM.

Before purchase, the customer may obtain information about the essential characteristics of the eSIM package selected.

Contracts concluded in store do not, as a rule, carry a statutory fourteen-day right of withdrawal merely because the customer changes their mind.

Statutory warranty rights remain unaffected.

7. Prices and payment

The prices displayed at the time of the order apply.

All prices include the value added tax applicable by law, unless expressly stated otherwise.

Any additional costs are shown to the customer before the order is completed.

The available payment methods are displayed in the online shop or in store.

Payments may be processed through external payment service providers.

HAUS DES HANDYS does not as a rule store complete credit card data where the payment is processed directly by a payment service provider.

8. Provision of the eSIM

Following successful payment, the eSIM is as a rule provided electronically, for example by means of:

• a QR code;
• an activation link;
• manual installation details;
• a customer account;
• email;
• or a corresponding application.

In store, the QR code may likewise be provided electronically or on a suitable receipt.

The eSIM QR code or activation code is personal and must not be passed on to third parties without authorisation.

It is the customer’s responsibility to keep their eSIM data secure.

9. Installation

Installing an eSIM normally requires a working internet or Wi-Fi connection.

The customer must follow the installation instructions for their device.

An eSIM should as a rule not be deleted from the device while it is still needed.

An eSIM profile that has already been downloaded or installed may, depending on the technical configuration of the mobile partner concerned, not be reinstalled or transferred to another device.

If a change of device is necessary, the customer should contact our support before deleting the eSIM.

10. Activation and period of validity

The time of activation depends on the plan concerned.

An eSIM may, for example, be activated:

• on installation;
• on first connection to a supported mobile network;
• at a time stated on the product page.

The activation rule applicable to the package purchased is displayed before purchase.

Once the period of validity has begun, the package ends on expiry of the stated term, even if the data volume included has not been fully used.

Unused data volume is as a rule not carried over once the package expires, unless otherwise stated for the plan concerned.

11. Data usage

Data usage is billed on the basis of the technical usage data of the mobile networks and systems involved.

Smartphones may also use data in the background, for example for:

• app updates;
• cloud synchronisation;
• backups;
• location services;
• push notifications;
• system updates.

It is the customer’s responsibility to configure their device settings according to their needs.

12. Network coverage and speed

The eSIM uses the mobile networks of external network operators and roaming partners.

The actually available:

• network coverage;
• connection speed;
• network technology;
• signal strength;
• 4G/LTE/5G availability

may vary depending on location, device, network load, weather conditions, buildings, network operator and other technical circumstances.

Unless expressly guaranteed, an indication such as “4G” or “5G” is not a guarantee that this technology is available at all times and in all locations.

The customer’s statutory rights in the event of defective performance remain unaffected.

13. Roaming settings

For many international eSIM products, data roaming must be enabled on the mobile plan used for the eSIM.

It is the customer’s responsibility to follow the installation and configuration instructions provided.

On dual-SIM devices, it should also be checked which SIM is being used for mobile data.

14. Permitted use

The eSIM may be used for lawful purposes only.

The following are in particular prohibited:

• fraudulent use;
• manipulation of SIM or network systems;
• unauthorised resale of eSIM profiles;
• abusive or automated use that impairs mobile networks;
• use for unlawful activities;
• disclosure of access credentials or eSIM activation codes to unauthorised third parties.

Where there is reasonable suspicion of misuse, we may temporarily suspend the eSIM concerned, insofar as this is necessary and legally permissible.

15. Right of withdrawal for online purchases

For distance contracts, consumers are as a rule entitled to withdraw from the contract within fourteen days of its conclusion without giving reasons, unless a statutory exception applies.

Withdrawal may be exercised by an unequivocal statement, for example by email to contact@esimple.at or in writing to Eljhat Kadrii e.U. – HAUS DES HANDYS, Hernalser Hauptstraße 135, 1170 Wien, Austria.

It is sufficient, in order to meet the deadline, to send the notice of withdrawal before it expires.

16. Immediate provision of an eSIM and the right of withdrawal

Since an eSIM is usually provided immediately after purchase, the customer may request that we begin performing the contract before the statutory withdrawal period expires.

Where the statutory conditions are met, the right of withdrawal for digital content may in particular lapse if:

• the customer has expressly consented to performance of the contract beginning before the withdrawal period expires;
• the customer has expressly acknowledged being aware that they may thereby lose their right of withdrawal;
• we have made the legally required contract confirmation available to the customer on a durable medium.

Insofar as the eSIM offer is to be classified in law as a service, the statutory provisions for services apply. Where early commencement of performance has been validly requested, a legally permissible proportionate amount for services already provided may in particular fall due in the event of withdrawal.

Mandatory statutory consumer rights remain unaffected.

17. Technical problems and refunds

In the event of technical problems, the customer must contact our support as promptly as possible at contact@esimple.at.

The following information may in particular be required in order to analyse the fault:

• the order number;
• the eSIM/ICCID reference;
• the device model;
• the operating system;
• the country of stay;
• screenshots of the mobile and eSIM settings;
• a description of the problem.

We will first attempt to resolve the problem technically.

If an eSIM conforming to the contract cannot be provided or used for reasons within our sphere of responsibility or that of our service partners, the statutory warranty and remedy rights apply.

A refund may in particular be considered where the eSIM could not be properly provided because of a technical fault for which we are responsible.

There is in particular no automatic entitlement to a voluntary refund merely because:

• the customer’s device is not eSIM-compatible, although the compatibility requirements were sufficiently stated before purchase;
• the device is SIM-locked;
• the customer selected the wrong country or the wrong plan;
• the eSIM was deleted contrary to the installation instructions;
• data has already been used,

unless statutory warranty, withdrawal or other mandatory consumer rights apply.

18. Warranty

The statutory warranty provisions of Austrian law apply, in particular the rules applicable to consumers on goods and digital services, insofar as they apply to the contract concerned.

Where a digital service does not conform to the contract, consumers are entitled to the remedies provided for by law.

These terms and conditions do not restrict mandatory statutory warranty rights.

19. Liability

HAUS DES HANDYS is liable in accordance with the statutory provisions.

Limitations of liability do not apply to damage arising from:

• intent;
• gross negligence;
• injury to life, body or health;
• or other cases in which a limitation of liability is not legally permissible.

We are not liable for circumstances outside our sphere of influence, insofar as the law permits, for example a short-term disruption of a foreign mobile network.

Mandatory statutory consumer rights remain unaffected.

20. Mobile and technology partners

For the technical provision of the eSIM, we may work with mobile network operators, eSIM platforms, roaming partners and other technical service providers.

These partners may process the technical data necessary to perform the service.

Further information on this can be found in our privacy policy.

21. Customer support

Customers may contact our support at: contact@esimple.at.

Where possible, a support request should state the order number.

22. Data protection

Personal data is processed in accordance with the General Data Protection Regulation (GDPR), Austrian data protection law and our privacy policy.

The privacy policy is available separately on our website.

23. Applicable law

Austrian law applies, to the exclusion of its conflict-of-law rules and of the United Nations Convention on Contracts for the International Sale of Goods, insofar as the law permits.

For consumers, this choice of law applies only insofar as it does not deprive them of the mandatory protective provisions of the State of their habitual residence.

24. Place of jurisdiction

The statutory rules on jurisdiction apply to consumers.

As against businesses, Wien is agreed as the place of jurisdiction, insofar as the law permits.

25. Alternative dispute resolution

HAUS DES HANDYS is not under a general obligation to submit voluntarily to an alternative dispute resolution procedure, unless a statutory obligation exists for a specific case or a particular service.

In the event of a consumer dispute, the legally required information on competent alternative dispute resolution bodies will be made available.

26. Amendments to these terms and conditions

A contract is as a rule governed by the terms and conditions in the version agreed at the time it was concluded.

Amendments to these terms and conditions do not apply retroactively to contracts already concluded, unless the law permits it or it has been expressly agreed.

Model withdrawal form

If you wish to withdraw from the contract, you may complete this form and return it to us.

To: Eljhat Kadrii e.U. – HAUS DES HANDYS, Hernalser Hauptstraße 135, 1170 Wien, Austria. Email: contact@esimple.at.

I/We hereby give notice that I/we withdraw from the contract concluded by me/us for the purchase of the following goods / the supply of the following service:

The following must also be stated: ordered on / received on; name of the consumer(s); address of the consumer(s); date; signature (only where this notice is given on paper).