Terms and Conditions

General Terms and Conditions of eSIM Sell Applicable to: esimsell.com, esimsell.de, esimsell.net and the eSIM Sell mobile application Last updated: 14.08.2026

§ 1 Scope and Parties

1.1 These General Terms and Conditions ("Terms") govern all contracts concluded via the online shop at esimsell.com, esimsell.de, esimsell.net, and via the eSIM Sell mobile application, between eSIM Sell – Zahra Zahedinezhad, TDPB 74580116, c/o Margit Winzer, Lanzstr. 35, 80689 München, Germany, email: [email protected] ("Provider") and the purchasing customer ("Customer").

1.2 The Provider offers prepaid international eSIM data packages for mobile internet connectivity. The Provider does not offer voice calling, SMS, or telephone number services of any kind; the scope of these Terms is limited exclusively to mobile data connectivity supplied via eSIM.
1.3 These Terms apply both to consumers within the meaning of § 13 BGB and to business customers within the meaning of § 14 BGB.
1.4 The version of these Terms in effect at the time of order shall govern that order. Terms proposed by the Customer that conflict with or supplement these Terms are not recognized unless separately agreed in writing.

§ 2 Customer Account

2.1 Purchasing eSIM packages generally requires setting up a customer account with a valid name and email address. The minimum age for account creation is 13 years; where the data subject is a minor, the additional protections under Art. 8 GDPR and those described in the Privacy Policy apply.
2.2 By registering, the Customer confirms having read and accepted these Terms and the Privacy Policy. Registration alone does not constitute a purchase contract.
2.3 The Customer is responsible for keeping login credentials confidential and for all activity that occurs through their account as a result of a failure to do so. This does not affect the Provider's liability for intent, gross negligence, or damage to life, body, or health.
2.4 The account is personal to the Customer and may not be transferred, sold, or shared with third parties.

§ 3 Formation of Contract

3.1 The listing of eSIM data packages on the website or app constitutes an invitation to order, not a binding offer by the Provider.
3.2 The Customer submits a binding offer by completing checkout and confirming payment. A contract is formed once the Provider makes the eSIM profile (QR code and/or activation data) available in the Customer's account or, for a top-up, credits the additional data to the existing profile.
3.3 A payment confirmation issued automatically by the payment provider does not by itself constitute the Provider's acceptance of the order.

§ 4 Service Description and Delivery

4.1 All products offered are prepaid, fixed-allowance eSIM data packages for a defined validity period. The Provider does not offer unlimited data plans; each package has a stated data volume and/or validity period, as described on the relevant product page at the time of purchase.
4.2 The digital product (the eSIM profile and data packages) is made available exclusively via the Customer's account immediately after successful payment. No physical delivery takes place.
4.3 It is the Customer's responsibility to verify, before ordering, that their device is eSIM-capable and not network-locked. If provision is temporarily impossible for technical reasons, the Provider will notify the Customer without delay; if provision proves permanently impossible, no contract is deemed formed and any payment already made is refunded in full.

§ 5 Prices

All prices shown to consumers include applicable VAT where required. Any additional charges, if applicable, will be displayed clearly before checkout.

§ 6 Payment

6.1 Payment is processed exclusively via Stripe. No other payment method is offered by the Provider.

6.2 Delivery of the eSIM profile or the top-up of a booked data package takes place only after payment has been confirmed by Stripe.

6.3 The Provider does not collect or store complete card or bank account data; all payment information is processed directly by Stripe. Further information is available in the Provider's Privacy Policy and at https://stripe.com/de/privacy

§ 7 Right of Use and Package Validity

7.1 The Customer receives a personal, non-transferable, time-limited right to use the purchased data package for their own use; no ownership of the eSIM profile or any underlying software is transferred.

7.2 Each eSIM profile is intended for activation on one compatible device and use within the stated validity period.

7.3 Unless expressly stated otherwise for a specific package, unused data or unused validity days lapse at the end of the validity period without carry-over, extension, or refund.

7.4 Resale, sharing, or commercial redistribution of a purchased package to third parties requires the Provider's prior written consent. A material breach entitles the Provider to suspend or terminate access immediately, without refund of the unused portion, unless the breach was neither intentional nor grossly negligent.

7.5 The Provider may temporarily limit or interrupt the service where reasonably necessary for technical, security, or fair-use reasons.

§ 8 Warranty and Limits of Responsibility

8.1 The Provider is liable for defects within its own area of responsibility (in particular, correct issuance of and access to the purchased eSIM profile) in accordance with §§ 327 et seq. BGB.

8.2 The underlying network services are supplied through the Provider's technical partner and its network operators. Matters such as network coverage, connection speed, roaming quality, and outages are outside the Provider's direct control. The same applies to restrictions imposed by local telecom regulators or governments (e.g. blocking of specific apps or services). Such circumstances do not constitute a defect of the Provider's service, without prejudice to the refund options in § 10.

8.3 Issues within the Provider's own systems (account, checkout, or delivery of activation data) should be reported to [email protected] for investigation.

§ 9 Customer Obligations

9.1 The Customer shall use the data service only for lawful purposes and in accordance with the fair-use policies applicable to the service. Misuse entitles the Provider to suspend or terminate access immediately, without compensation, without prejudice to further claims for damages.

9.2 As the service consists exclusively of mobile data connectivity, any use aimed at generating abnormal traffic, circumventing technical restrictions, or engaging in traffic arbitrage is prohibited.

9.3 The Customer is responsible for all use of the service, including by any third party granted access, and indemnifies the Provider against third-party claims arising from content transmitted or received through the service.

9.4 Where the Provider identifies anomalous usage, suspected fraud, or a security risk, it may suspend access without prior notice pending investigation, and will reactivate access if the suspicion proves unfounded.

§ 10 Right of Withdrawal for Consumers

Right of Withdrawal Consumers have the right to withdraw from this contract within 14 days without giving a reason. The period runs from the date the contract is concluded. To withdraw, notify the Provider by a clear statement sent by email to [email protected]. Use of the model form below is optional.

Consequences of Withdrawal Where withdrawal is validly exercised, the Provider will refund all payments received, using the original payment method, within 14 days of receiving notice, without charging any fee for the refund.

Early Expiry for Digital Content Because an eSIM package constitutes digital content not supplied on a tangible medium, the right of withdrawal expires once the Provider has begun performance, provided that the Customer has (a) expressly requested that performance begin before expiry of the withdrawal period, and (b) acknowledged that this consent results in the loss of the right of withdrawal. This consent is obtained during checkout. Once the eSIM profile has been delivered and/or activated at the Customer's request, the right of withdrawal under this section no longer applies; see § 11 for refund options thereafter.

Model Withdrawal Form

To eSIM Sell – Zahra Zahedinezhad, [email protected]: I hereby withdraw from the contract concluded by me for the purchase of the following service: [ ] — Ordered on: [ ] — Name of consumer: [ ] — Address of consumer: [ ] — Date: [ ]

§ 11 Refunds After Delivery or Activation

11.1 As eSIM packages are delivered instantly and are digital in nature, a refund request submitted after activation, or after part of the data allowance has been used, will generally not be granted, subject to the exceptions below.

11.2 Refunds may be granted where: the package is objectively unusable due to a technical fault and support has been unable to resolve it after reasonable troubleshooting; payment was received but the eSIM profile was never delivered. Requests must be submitted within 14 days of purchase and are reviewed individually.

11.3 Refunds will not be granted where: the eSIM has been activated or a material part of the data allowance has been used; the issue is caused by device incompatibility, a locked device, or incorrect configuration; applicable local law excludes refunds for digital services once delivered; or the Customer does not cooperate with reasonable troubleshooting.

11.4 To request a refund, email [email protected] with the registered account email, the purchased package, a description of the issue, and supporting evidence where available. Approved refunds are issued to the original payment method via Stripe, typically within 10 business days; the Customer's bank may take up to 30 days to credit the amount.

§ 12 Suspension and Termination

12.1 The Provider may suspend or terminate access without notice where misuse of the service is detected or reasonably suspected, in cases of fraud or attempted fraud, upon a material breach of these Terms (in particular §§ 7 or 9), or where required by law.

12.2 The Customer may discontinue use of the service, or request deletion of their account, at any time. Beyond the provisions of §§ 10 and 11, no refund is owed for the unused portion of a package unless termination results from a failure attributable to the Provider.

§ 13 Limitation of Liability

13.1 The Provider's liability is unlimited for damage to life, body, or health, and for damage caused by its own intent or gross negligence. For breach of a material contractual obligation caused by ordinary negligence, liability is limited to the foreseeable, typical damage. Liability is otherwise excluded.

13.2 In particular, and in addition to § 8.2, the Provider is not liable for: unavailability, poor quality, or outages of the underlying mobile networks; restrictions imposed by governments or regulators in the destination country; loss of or delay in data traffic caused by routing or infrastructure outside the Provider's control; issues caused by the Customer's own VPN, firewall, or device configuration; or content transmitted, received, or accessed by the Customer through the service, against which the Customer indemnifies the Provider. Liability under the Product Liability Act (Produkthaftungsgesetz) remains unaffected.

§ 14 Data Protection

The Provider processes personal data exclusively in accordance with the GDPR and applicable German data protection law. Personal data collected in connection with an order (e.g. name, email address) is used solely to fulfil the contract and is disclosed to third parties only to the extent strictly necessary — in particular to the Provider's technical service partner, for the sole purpose of provisioning the eSIM profile, and to Stripe, for the sole purpose of processing payment. The Customer may exercise their rights under Art. 15–21 GDPR (access, rectification, erasure, restriction, portability, objection) at any time by contacting [email protected]. Full details are set out in the Privacy Policy: https://esimsell.com/privacy-policy

§ 15 Amendments

The Provider may amend these Terms where necessary, for example to reflect legal changes or new product features. Registered customers will be notified of material amendments in advance; continued use of the service after the effective date constitutes acceptance, unless the Customer objects or closes their account within a reasonable period.

§ 16 Dispute Resolution

Customers may contact [email protected] directly with any complaint. The European Commission also provides an online dispute resolution (ODR) platform at https://ec.europa.eu/consumers/odr/. The Provider is not obliged, and is not generally willing, to participate in proceedings before a private consumer arbitration board.

§ 17 Governing Law and Jurisdiction

17.1 These Terms are governed by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). Mandatory consumer-protection provisions of a consumer's country of habitual residence remain unaffected where applicable.

17.2 Where the Customer is a merchant with its registered office in Germany, the exclusive place of jurisdiction is the Provider's place of business; otherwise, statutory jurisdiction rules apply.

17.3 Should any individual provision of these Terms be invalid, the remaining provisions remain in force; the invalid provision is replaced by the applicable statutory rule or, absent one, by a provision that most closely reflects the original economic intent.