AGB

Effective as of: 28.11.2024

Welcome to simfly. These Terms and Conditions ("Terms") govern your access to and use of our online store, which is operated under Austrian and European (EU) law. By making a purchase in our online store, you agree to these Terms. Please read them carefully before placing an order. If you do not agree to these Terms, you may not use our services.

1. Company Information

simfly is operated by:

Contech GmbH

Registered in Austria under company register number: FN 586045 g

Business address: Ansfeldner Straße 34a, 4052 Ansfelden, AUSTRIA

Email: support@simfly.cc

VAT ID No.: ATU78445924

We comply with Austrian laws and EU regulations on e-commerce, including:

  • E-Commerce Directive (Directive 2000/31/EC)
  • Consumer Rights Directive (Directive 2011/83/EU)
  • General Data Protection Regulation (GDPR) (Regulation (EU) 2016/679)
  • Distance and Off-Premises Transactions Act (FAGG)

2. Eligibility

By using this website and making a purchase, you confirm that:

  • You are at least 18 years old or have legal capacity in your country of residence.

3. Products and Services

Our main product is eSIMs, which are digital SIM cards for compatible devices.

  • Delivery method: eSIMs are delivered electronically by email after payment is received.
  • Activation: The eSIM is automatically activated either upon first connection to a mobile network in the destination region or upon issuance to the customer. You can find this information on the respective product page.

4. Ordering Process and Payment

To place an order, follow these steps:

  1. Select the desired eSIM plan and add it to your cart.
  2. Proceed to checkout and provide the required personal details.
  3. Confirm your order and complete payment using the available payment methods.
  4. After payment is received, your eSIM will be issued and delivered electronically.

By placing an order, you agree to provide accurate, current, and complete information. We reserve the right to cancel orders that contain incomplete or fraudulent information.

5. Right of Withdrawal (Return Policy)

Under EU and Austrian consumer protection law, you generally have the right to withdraw from online purchases within 14 days. However, this right expires as soon as your eSIM has been issued and activated, because it is:

  • A digital service that is consumed or used immediately after delivery (Art. 16(m) of the Consumer Rights Directive).
  • An exception under the Distance and Off-Premises Transactions Act (FAGG) §18(1) for contracts for the supply of goods or services that cannot be returned after use.

By placing an order and making payment, you expressly consent to the immediate activation of your eSIM and acknowledge that the right of withdrawal thereby expires.

6. Prices, Taxes, and Fees

  • All prices are displayed in your local currency and include VAT as applicable under Austrian law.
  • Delivery and activation are electronic and free of charge unless otherwise stated.
  • Any additional fees (e.g., roaming charges) are clearly stated in the product description.

7. Consumer Protection and Warranty

We comply with EU and Austrian warranty laws. If your eSIM is defective or does not function as described, you are entitled to remedies, including repair, replacement, or refund, in accordance with the Austrian Consumer Protection Act (KSchG).

  • For warranty claims, please contact us at support@simlfy.cc
  • Misuse, incompatibility with unsupported devices, or errors caused by third parties (e.g., network operators) are not covered by the warranty.

8. Liability

We are not liable for:

  • Network disruptions caused by third-party telecommunications providers.
  • Incorrect eSIM activation due to errors in the data provided by the customer.
  • Indirect, incidental, or consequential damages, unless required by mandatory law.

Our maximum liability for any claim is limited to the value of the eSIM purchased.

9. Customer Obligations

You are responsible for:

  • Checking your device’s compatibility with the eSIM before purchase.
  • Providing accurate information during the purchase process.
  • Keeping your eSIM access data secure and preventing unauthorized use.

10. Data Protection and Privacy

We process your personal data in accordance with the GDPR and the Austrian Data Protection Act (DSG). For details on how we collect, store, and use your data, please refer to our Privacy Policy.

11. Dispute Resolution

If you have a complaint, please contact us first to seek an amicable resolution. If we cannot resolve your concern, you may use the European Online Dispute Resolution platform (ODR platform) at https://ec.europa.eu/consumers/odr or take legal action under Austrian law.

Austrian law applies, and the exclusive place of jurisdiction is the competent court in Linz, Austria.

12. Intellectual Property

All content on this website, including text, graphics, logos, and software, is the intellectual property of simfly or its licensors. Unauthorized use or reproduction is prohibited.

13. Changes to the Terms and Conditions

We may update these Terms periodically to reflect changes in legislation or our services. Updated Terms will be published on this page, and continued use of our services constitutes acceptance of the revised Terms.

14. Contact Information

If you have any questions about these Terms and Conditions, please contact us at:

Contech GmbH

Email: support@simfly.cc

By using our website and purchasing an eSIM, you agree to these Terms and Conditions. Thank you for choosing simfly.