1. Introduction
1.1 Overview
Welcome to eSIMBee (the “Website”), a service operated by Selandia Trading GmbH (CHE-190.778.025), with registered offices at Obermühleweid 8, 6330 Cham, Canton of Zug, Switzerland (“we”, “us”, “our” or the “Company”). These Terms & Conditions (the “T&C”) govern your use of our Website, your purchase and usage of eSIM products (“Services”), and any related interactions.
1.2 Acceptance
By accessing or using the Website and/or purchasing or activating any eSIM, you (“User” or “you”) acknowledge that you have read, understood, and agree to be legally bound by these T&C. If you do not agree to these T&C, you may not use our Website or Services.
1.3 Legal References
These T&C are governed by Swiss law, in particular the relevant provisions of the Swiss Code of Obligations (SR 220) and applicable consumer protection regulations.
2. Definitions
For the purpose of these T&C, unless otherwise stated:
3. Scope of these T&C
3.1 Application
These T&C apply to all Users of our Website, whether End Users or Business Users. Additional or different terms may apply to specific offers or promotions, gift vouchers, or ancillary services.
3.2 Separate Privacy Policy
Our handling of personal data is governed by a separate [Privacy Policy]([Insert Hyperlink]), which is incorporated herein by reference. By using our Services, you also agree to the terms of our Privacy Policy.
4. User Eligibility and Representations
4.1 Eligibility
You represent and warrant that you are of legal age in your jurisdiction to enter into a binding contract and that all information you provide is accurate, current, and complete.
4.2 User Representations
By using our Services, you represent and warrant that:
5. Prohibited Activities
You agree not to engage in, facilitate, or enable any of the following:
Violation of these terms may result in immediate suspension or termination of your account, as well as legal action where applicable.
6. eSIM Use and Activation
6.1 Device Compatibility
It is your responsibility to ensure that your device supports eSIM functionality and the relevant cellular bands. Device compatibility and performance may vary, and we do not guarantee the functionality of any device.
6.2 Service Availability
eSIM activation and connectivity depend on third-party network providers. Service interruptions or data loss may occur. We disclaim all liability for any inability to use the eSIM due to network issues, device malfunctions, or other circumstances beyond our control.
6.3 Expiration and Usage Rules
Each eSIM may have specific usage limits, expiration dates, or geographical restrictions. Please review the product details before purchase. We reserve the right to deactivate any eSIM upon the expiry of the allocated data, time period, or in case of misuse.
7. Payment Terms
7.1 Accepted Payment Methods
We accept payments via Stripe (credit/debit cards). You are responsible for ensuring a valid payment method is provided. We do not accept cryptocurrency payments.
7.2 Pricing and Currency Fluctuations
All prices are listed in the currency indicated on the Website (e.g., USD or CHF). Final charges may be affected by currency exchange rates or fees set by your bank or card issuer. We are not responsible for any changes in exchange rates, bank fees, or fluctuations in the value of currencies.
7.3 Taxes & Fees
8. Refund Policy
8.1 General Provisions
8.1.1 Commitment to Satisfaction
Selandia Trading GmbH (“the Company”) is committed to ensuring customer satisfaction and transparency in the refund process. This Refund Policy outlines the conditions under which refunds may be issued for eSIM or data plan purchases.
8.1.2 Policy Modifications
The Company reserves the right to modify this Refund Policy at its discretion by posting the amended version on the Website. Continued use of the Services after changes are made constitutes acceptance of the new policy.
8.1.3 Severability
If any part of this Refund Policy is deemed invalid under Swiss law, the remaining provisions will remain in force.
8.2 Definitions (for Refund Policy)
8.3 Refund Conditions
8.3.1 Technical Issues Caused by the Company
Refunds or replacements may be issued if a technical issue attributable to the Company prevents eSIM usage.
Requests must be submitted within fourteen (14) calendar days of purchase.
The Company has ten (10) calendar days to address the issue before initiating a refund. Failure by the User to cooperate may result in denial of the refund.
8.3.2 Validity Period
Each data package or plan has a defined validity period. Refunds will not be issued for unused data after expiration.
8.4 Non-Refundable Situations
8.4.1 Third-Party Expenses
We are not liable for costs unrelated to the eSIM account, such as device repairs, network fees beyond our control, or software expenses.
8.4.2 Fraud and Terms Violation
Refunds are not provided in cases of fraud, abuse, or violation of these T&C. The Company reserves the right to suspend accounts involved in such activities.
8.5 Unauthorized or Accidental Purchases
8.5.1 Unauthorized Purchases
Users must report any suspicious or unauthorized purchases within seven (7) calendar days. Refunds are contingent upon investigation outcomes.
8.5.2 Accidental Purchases and Activation
Refunds for accidental purchases are available only if the eSIM has not been activated. Refunds are not applicable after installation or first use.
8.6 Special Cases and Processing Fees
Requests outside standard conditions will be reviewed individually. Approved refunds may incur a processing fee. Refunds are limited to the original amount paid.
8.7 Refund Request Process
8.8 Purchases via Third-Party Resellers
If you purchased your eSIM or plan through a third-party reseller, please contact them directly for refund inquiries.
9. Gift Vouchers and Promotions
9.1 Gift Vouchers
Gift vouchers may be offered for purchase or as part of promotions. Each voucher has an expiration date and may be subject to additional terms. Vouchers are non-transferable, non-refundable (subject to Section 8 above), and cannot be redeemed for cash unless required by law.
9.2 Promotional Offers
Promotional discounts, coupon codes, or special deals may be offered at our discretion. These promotions have limited validity and may be withdrawn at any time without notice. Such offers are subject to any additional terms stated at the time of the offer.
10. End Users vs. Business Users
10.1 End Users
These T&C apply to End Users purchasing eSIMs for personal use. Where consumer protection laws mandate more favorable terms for End Users, such provisions shall prevail over conflicting clauses in these T&C.
10.2 Business Users
Business Users purchasing eSIMs for commercial or professional use are also bound by these T&C. However, certain consumer protection rights may not apply to Business Users.
11. Disclaimers of Warranties
11.1 No Extended Warranties
We provide our Services “as is” and “as available.” Except as required by Swiss law, we make no warranties, express or implied, regarding the performance, reliability, merchantability, or fitness for a particular purpose of our Services. These T&C do not create any additional warranties beyond those mandated by law.
11.2 Service Interruptions and Data
We disclaim liability for service interruptions, data loss, or any damage arising from the use of our Website or eSIM Services, unless caused by our gross negligence or willful misconduct as defined under Swiss law.
12. Limitation of Liability
12.1 Maximum Limitation
To the fullest extent permitted by Swiss law, our liability and the liability of our officers, directors, employees, and agents, whether in contract, tort, or otherwise, is limited to the amount you paid us for the specific Service in question (or a proportional sum for ongoing services).
12.2 Exclusion of Certain Damages
We shall not be liable for any indirect, consequential, special, punitive, or incidental damages, including but not limited to loss of profits, business, use, or data, even if we have been advised of the possibility of such damages.
12.3 Business User Liability
For Business Users, our liability is additionally restricted in line with Article 100 et seq. of the Swiss Code of Obligations, and no liability shall be accepted for commercial or financial losses unless required by mandatory Swiss law.
13. User-Generated Content
13.1 Submission of Content
We may offer blogs, comment sections, or other channels where you can post content. By submitting any User-Generated Content on our Website, you grant us a non-exclusive, royalty-free, worldwide license to use, reproduce, and distribute such content in connection with our Services.
13.2 Content Removal
We reserve the right to remove or modify any User-Generated Content that violates these T&C or any applicable laws, or that we consider otherwise objectionable at our sole discretion.
13.3 Representations
You represent and warrant that the content you submit does not infringe the rights of any third party and complies with all applicable laws.
14. Services Management
We reserve the right, at our sole discretion, to:
15. Modifications and Interruptions
15.1 Service Modifications
We reserve the right to modify, update, suspend, or discontinue our Services (in whole or in part) at any time without prior notice. This includes changes to pricing, features, or availability of certain packages.
15.2 No Liability for Interruptions
We are not liable for any losses or damages arising from interruptions, delays, or unavailability of our Services due to maintenance, technical issues, force majeure events, or other reasons beyond our control.
15.3 Notification
Where feasible, we will attempt to notify you of major updates or interruptions, but we are under no strict obligation to do so.
16. Termination and Suspension
16.1 Termination by User
You may cease using our Services at any time. Termination does not relieve you of obligations to pay any accrued fees or charges.
16.2 Termination by Company
We reserve the right to suspend, terminate, or restrict your access to the Services at any time and without notice if:
Upon termination, you forfeit access to your eSIMs and account data. We are not responsible for any data loss following termination.
17. Dispute Resolution and Governing Law
17.1 Governing Law
These T&C and any disputes arising out of or relating to them are governed by and construed in accordance with Swiss law, specifically the Swiss Code of Obligations and applicable consumer protection legislation.
17.2 Mandatory Arbitration / Courts
Any disputes that cannot be amicably resolved shall be brought before the competent courts of the Canton of Zug, Switzerland, unless the parties agree to arbitration in Switzerland, in which case the dispute shall be finally settled by one or more arbitrators appointed in accordance with Swiss Rules of International Arbitration.
17.3 Claim Deadline (10 Working Days)
You must submit any claim or dispute in writing within ten (10) working days from the date the issue arises. Failure to do so may result in the dispute being deemed waived or time-barred. Please consult legal counsel regarding any mandatory consumer rights that may override this provision in certain jurisdictions.
18. References to Swiss Law
18.1 Swiss Code of Obligations
The Swiss Code of Obligations (SR 220) is the main legislative act governing these T&C. Official legal texts can be found at https://www.fedlex.admin.ch/ (available in multiple official languages).
18.2 Additional Swiss Consumer Protection
Where applicable, Swiss federal consumer protection laws and regulations apply, offering mandatory protections which prevail in case of conflict with these T&C.
19. Privacy Policy
All personal data is processed in accordance with our Privacy Policy. By using our Services, you consent to our data collection, use, and disclosure practices as described therein. We encourage you to read the Privacy Policy carefully.
20. Final Provisions
20.1 Changes to T&C
We may update or modify these T&C at any time by posting a revised version on our Website. Your continued use of our Website or Services constitutes acceptance of any modified terms.
20.2 Severability
If any provision of these T&C is found to be invalid or unenforceable under Swiss law, that provision shall be enforced to the maximum extent permissible, and the remaining provisions shall remain in full force and effect.
20.3 Entire Agreement
These T&C, together with our Privacy Policy and any additional terms referenced herein, constitute the entire agreement between you and us regarding the use of the Services.
Contact Us
If you have any questions or concerns about these T&C or our Services, please contact us at:
Selandia Trading GmbH
Obermühleweid 8
6330 Cham, Canton of Zug
Switzerland
Email: [email protected]
