Article 1: object

These conditions of sale govern the contractual provisions relating to sales of the company UPeSIM 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.

UPeSIM 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.

UPeSIM 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 eSIM remains the exclusive property of the UPeSIM company.

Article 3 - Orders

UPeSIM 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/upesim-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) Apple Pay or Paypal account. The card is debited at the time of the order.

Article 6 - Withdrawal

In accordance with the article L.121-21-8 of the French Consumer Code Law, the right of withdrawal does not apply to digital product (eSIM).

Article 6.1 - Withdrawal / refund of an eSIM

Please note :

1 - You need to make sure your device is eSIM compatible

No refunds will be made due to non compatible device

2 - You need to make sure 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 eSIM deleted

4 - An unused eSIM cannot be refunded

No refunds will be made due to unused eSIM or change of mind

5 - You must ensure that Roaming is deactivated on your main SIM(s) or eSIM(s) from your country of origin / main subscription(s)

No refunds will be made due to roaming non deactivated on your main SIM / eSIM

6 - Our eSIMs do not include a telephone number and do not include voice and or SMS

No refunds will be made if you need a phone number voice and or SMS

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.upesim.com and within the limits of available stocks.

In addition, UPeSIM is not intended to sell its products in large quantities.

Consequently UPeSIM reserves the right to refuse orders in abnormally large quantities.

Article 8 - Delivery

eSIM Products are instant delivered per email and via App a few seconds after the payment is validated.

Article 9 - Guarantee

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 eSIM are valid for a variable sliding period depending on the package selected from the date of first download and or connection to the mobile network (details in the product file)

At the end of this period, we reserve the right to deactivate the 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. UPeSIM 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, UPeSIM cannot be held liable for damages resulting from misuse of the eSIM service which could lead to roaming charges following misuse of service.

Finally, UPeSIM 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

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.upesim.com are and remain the intellectual and exclusive property of UPeSIM. 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 UPeSIM.

Article 14 - Personal data

Within the framework of the Contract, UPeSIM acts as a reseller and therefore processes the Personal Data of the Client. The Personal Data of the Client collected by UPeSIM 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 UPeSIM 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 UPeSIM and the Customer in the context of the Offer and any marketing actions and promotions offered by UPeSIM 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 UPeSIM 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, UPeSIM will not be able to conclude the sales contract or the requested service.

UPeSIM also endeavors to personalize its services in order to best meet the expectations of its customers. In this context, UPeSIM 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

UPeSIM 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

UPeSIM 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 UPeSIM will be considered by all parties concerned as proof of communications, orders, payments and transactions between the parties.