Terms of service

General Terms and Conditions (GTC)

§ 1 Scope

These General Terms and Conditions (hereinafter “GTC”) apply to all contracts concluded between Phoenix Immobilien Invest GmbH, Schützenstraße 8b, 32584 Löhne, Germany (hereinafter “Provider”) and a consumer or entrepreneur (hereinafter “Customer”) via the online shop www.easysimy.com. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession (§ 13 German Civil Code, BGB).

§ 2 Subject Matter of the Contract

The Provider sells digital eSIM data plans (electronically provided access profiles to mobile data networks in Germany and abroad). The products offered are digital services within the meaning of § 327 (1) BGB; no physical goods are delivered.

§ 3 Conclusion of Contract

The presentation of products in the online shop does not constitute a legally binding offer but a non-binding invitation to the Customer to place an order (invitatio ad offerendum). By submitting the order via the order button, the Customer makes a binding offer to conclude a purchase contract. The Provider confirms receipt of the order without delay by email (order confirmation); this confirmation does not yet constitute acceptance of the contract unless it is expressly designated as such. The contract is only concluded upon provision of the eSIM or the Provider’s express declaration of acceptance.

§ 4 Prices and Payment Terms

The prices stated in the online shop at the time of the order apply. All prices are final prices and include the applicable statutory VAT. Payment is made via the payment methods offered in the ordering process. The purchase price is due immediately upon conclusion of the contract.

§ 5 Provision of the Digital Service

After successful receipt of payment, the eSIM (usually as a QR code or installation profile) is made available to the Customer without delay electronically by email or via the customer area. No physical delivery takes place. Use requires an eSIM-capable, non-network-locked device and an existing internet connection at the time of installation.

§ 6 Activation, Validity Period and Validity of the eSIM

(1) Start of the validity period. For the vast majority of plans, the validity period of the booked data package only begins once the eSIM connects to a supported mobile network for the first time. Downloading, installing and setting up the eSIM does not trigger the start of the validity period.

(2) Deviating plans. For individual plans specified by the respective network operator, the validity period begins upon installation of the eSIM on the device. These plans are marked on the respective product page and in the Usage and Activation Policy. The information on the product page at the time of the order is decisive.

(3) Installation deadline. The eSIM must be installed on a device within the period applicable to the respective plan; for the vast majority of plans this is 365 days from purchase. If the eSIM is not installed within this period, the profile is permanently deactivated by the network operator; use or top-up is no longer possible thereafter and there is no entitlement to a refund in this respect. For individual plans, the network operator does not specify an installation deadline.

(4) Top-up after consumption or expiry. After the data volume has been used up or the validity period has expired, the same eSIM can usually be topped up for another 90 days, for individual plans 180 days. This period restarts after each top-up. After it expires, the profile is permanently deactivated by the network operator.

(5) Unlimited data plans. Plans with unlimited data volume are subject to a fair-use rule of the network operator: after reaching a daily volume defined in the plan – 3 GB per day for most plans – the transmission speed is reduced for the remainder of the day, for most plans to 1 Mbit/s. The rule applicable to the respective plan is stated on the product page.

(6) Device binding. An eSIM can only be installed on one device and cannot be transferred to another device. Reinstallation on the same device is possible up to five times; the existing profile must first be completely removed while an internet connection is active.

(7) Technical requirements. Use requires an eSIM-capable, non-network-locked device, an existing internet connection during installation and activated data roaming. For individual plans, the access point (APN) must be set up manually; the required details are provided in the installation guide. Unless telephony and SMS are expressly stated on the product page, the plans are data-only plans without their own phone number.

(8) Supplementary policies. Details of the above provisions are set out in the Usage and Activation Policy, available at www.easysimy.com/en/pages/nutzungs-und-aktivierungsrichtlinien. In the event of contradictions, these GTC take precedence.

§ 7 Customer’s Duties to Cooperate

Before purchasing, the Customer is obliged to check for themselves that their device is compatible with eSIM technology and free of network locks. The Provider accepts no liability for incompatibilities based on incorrect information provided by the Customer about their device.

§ 8 Right of Withdrawal

Consumers within the EU are generally entitled to a statutory right of withdrawal of 14 days. In addition, the Provider voluntarily grants consumers an extended withdrawal period of 30 days in total from conclusion of the contract; the consumer’s statutory rights remain unaffected. For contracts on the provision of digital services, the right of withdrawal expires prematurely if the Provider has begun performance after the Customer has expressly agreed that performance begins before the end of the withdrawal period and has confirmed their knowledge that, by giving consent, the right of withdrawal expires once performance begins. Details are set out in the separate cancellation policy.

§ 9 Warranty

The statutory warranty rights apply. For contracts with consumers, the statutory provisions of §§ 327 et seq. BGB for digital products apply. For contracts with entrepreneurs, the warranty is limited to subsequent performance to the extent permitted by law.

§ 10 Voluntary Money-Back Guarantee (Functional Guarantee)

Independently of the statutory warranty rights (§ 9), which are not restricted hereby, the Provider grants the following voluntary guarantee: if a purchased eSIM cannot be activated or used for reasons within the area of responsibility of the Provider or the network operator, and the Provider’s support cannot resolve the problem, the Provider will refund the full purchase price.

The guarantee can be claimed informally by email to support@easysimy.com within 30 days of the purchase date. The guarantor is Phoenix Immobilien Invest GmbH (address see § 1). Excluded from the guarantee are cases in which use fails due to a device that is not eSIM-capable or is network-locked, data volume that has already been fully used up, an expired package validity period, or because the eSIM was not installed within the installation deadline pursuant to § 6 (3).

§ 11 Liability

The Provider is liable without limitation for damages arising from injury to life, body or health as well as for intent and gross negligence. For damages caused by slight negligence, the Provider is only liable in the event of a breach of an essential contractual obligation (cardinal obligation), limited to the foreseeable damage typical for the contract. Any further liability, in particular for network availability or network quality of the respective mobile network operators, is excluded to the extent permitted by law.

§ 12 Data Protection

For information on the processing of personal data, please refer to our separate privacy policy.

§ 13 Applicable Law and Place of Jurisdiction

The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). For consumers, this choice of law only applies insofar as it does not deprive them of the protection afforded by mandatory provisions of the law of the state in which the consumer has their habitual residence (Art. 6 Rome I Regulation). If the Customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract is the Provider’s registered office.

§ 14 Online Dispute Resolution

The European Commission discontinued its platform for online dispute resolution on 20 July 2025. We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

§ 15 Final Provisions

Should individual provisions of these GTC be or become invalid, the validity of the remaining provisions shall remain unaffected.

Last updated: 17 August 2026