Terms of sale

This is a translation provided for convenience. In case of any discrepancy the Polish version (Regulamin) prevails.

§1. General provisions

1. These Terms set out the rules for using the online shop Esimka.pl available at esimka.pl (the "Shop"), for concluding distance contracts for eSIMs and top-ups, and the procedure for complaints and withdrawal.
2. The Shop is run by Łukasz Wicenciak, a sole trader doing business as Keysender - Łukasz Wicenciak, address: ul. Sarnia 2/84, 61-058 Poznań, Polish tax ID (NIP): 7822386443, REGON: 302410980, registered in the Polish Central Register of Business Activity (CEIDG) (the "Seller").
3. Contact: email kontakt@esimka.pl, phone +48 662 628 821 (pon.–pt. 9:00–17:00), postal address: ul. Sarnia 2/84, 61-058 Poznań. All contact details are also on the Contact page.
4. These Terms are available free of charge before the contract is concluded, in a form that can be downloaded, stored and printed. Placing an order requires accepting them.
5. These Terms are the terms referred to in Article 8 of the Polish Act of 18 July 2002 on the provision of electronic services.

§2. Definitions

• Customer – a natural person, legal person or organisational unit placing an order in the Shop.
• Consumer – a Customer who is a natural person entering into a transaction not directly related to their business or profession (Article 22¹ of the Polish Civil Code).
• Sole trader with consumer rights – a natural person concluding a contract directly related to their business where the contract shows it is not of a professional nature for them (Article 385⁵ of the Civil Code). Provisions on Consumers apply to them to the extent provided by law.
• eSIM – a digital SIM profile delivered as a QR code and activation details which, once installed on a compatible device, allows mobile data use in the country or region, within the data allowance and for the period stated in the Package description.
• Package – a product offered in the Shop consisting of an eSIM with a data allowance, validity period and coverage area.
• Top-up – an additional data Package for a previously purchased eSIM, identified by its ICCID number.
• Operator – the telecommunications or eSIM provider through which data is delivered.

§3. Technical requirements and use of the Shop

1. To use the Shop you need a device with internet access, an up-to-date web browser with JavaScript and cookies enabled, and an active email address.
2. To use an eSIM you need a device that supports eSIM and is not locked to a single network (no SIM lock). Examples of compatible devices are on the Check your phone page.
3. The Seller provides, electronically and free of charge, browsing of the offer and the contact form, and enables placing orders. That service is provided for as long as the Shop is being used; the Customer may stop at any time by leaving the Shop.
4. Customers must not provide unlawful content, including third parties' data without their consent, or use the Shop in a way that disrupts it.
5. Using electronic services carries the usual internet risks (e.g. malware, phishing). The Seller uses technical measures, including an encrypted (HTTPS) connection, to limit them.

§4. Orders and conclusion of the contract

1. Package information in the Shop is an invitation to conclude a contract.
2. To order, the Customer selects a Package (or Top-up), enters an email address, chooses a payment method, accepts these Terms and the Privacy Policy, requests delivery of the eSIM before the withdrawal period expires, and pays.
3. The sales contract is concluded when the order is placed with an obligation to pay. The Seller sends confirmation of the contract to the Customer's email address (the message containing the eSIM). These Terms are available at esimka.pl/en/terms.
4. The Customer is responsible for entering a correct email address; the eSIM is delivered to it.
5. No account is needed to buy.

§5. Prices and payment

1. Prices are shown in Polish złoty (PLN) and are gross prices including VAT. Delivery of the eSIM is free.
2. The price shown when the order is placed is binding.
3. Available payment methods are shown during checkout and may include: payment card, BLIK and digital wallets (processed by Stripe Payments Europe Ltd.), fast transfers and BLIK processed by mBank S.A. (Paynow) once available in the Shop, and bank transfer against a pro forma invoice provided via inFakt.
4. Orders are fulfilled once payment has been received. Unpaid orders are not fulfilled.
5. The Seller issues an electronic proof of purchase (receipt or invoice) for every order.

§6. Delivery of the eSIM

1. The eSIM is delivered electronically only: the QR code and activation details are shown on the order page and sent to the Customer's email address immediately after payment is received – usually within minutes, and for bank transfers once the transfer arrives.
2. If the eSIM has not arrived within 24 hours of payment, please check your spam folder and then contact the Seller.
3. A Top-up is added to the eSIM identified by the ICCID immediately after payment, without reinstalling.
4. The digital content is delivered when the QR code and activation details are made available to the Customer.

§7. Installation, activation and validity

1. Install the eSIM by scanning the QR code or entering the activation details in the device settings while connected to the internet (e.g. Wi-Fi). Instructions for popular devices are on the Manual page.
2. As a rule, a QR code can be installed only once and on one device. Deleting the eSIM from the device may make reinstalling it impossible.
3. Unless the Package description says otherwise, the validity period starts when the eSIM first connects to a supported network in the destination country or region, not at purchase. The Package ends when the validity period expires or the data allowance is used up, whichever comes first. Unused data does not carry over.
4. The eSIM must be activated (connected to a network) within the period stated in the Package description or, if none is stated, within 180 days of purchase.
5. Service parameters (coverage, speed, available networks) depend on the Operator and local conditions; speeds in Package descriptions are technical maximums.
6. The eSIM is for mobile data. Unless the Package description says otherwise, it does not include a phone number, voice calls or SMS.

§8. Device compatibility

1. Before buying, the Customer should check that their device supports eSIM and has no SIM lock. The Seller provides the Check your phone page and help at kontakt@esimka.pl.
2. Inability to install the eSIM because the device is incompatible or locked is not a lack of conformity of the eSIM. However, if the eSIM was never installed or never connected to any network, the Seller refunds the price under §11(3).

§9. Right of withdrawal

1. A Consumer who has concluded a distance contract may, as a rule, withdraw from it without giving reasons within 14 days of its conclusion by sending the Seller a statement, e.g. by email to kontakt@esimka.pl. Sending the statement before the deadline is sufficient. The model withdrawal form at the end of these Terms may be used but is not mandatory.
2. The right of withdrawal does not apply to a contract for the supply of digital content not supplied on a tangible medium for which the Consumer pays a price, if the Seller began performance with the Consumer's express prior consent, the Consumer was informed before performance began that they would lose the right of withdrawal once the Seller has performed, acknowledged this, and the Seller provided confirmation of the contract (Article 38(1)(13) of the Polish Consumer Rights Act); nor to a service contract the Seller has fully performed with the Consumer's express prior consent after the Consumer was informed that they would lose the right of withdrawal on performance and acknowledged it (Article 38(1)(1) of that Act).
3. Because the eSIM is delivered immediately after payment, when ordering the Customer requests delivery of the eSIM before the withdrawal period expires and acknowledges that they lose the right of withdrawal once the eSIM is delivered. An order cannot be placed without this statement. This means that once the eSIM is delivered (the QR code is made available), the right of withdrawal expires.
4. Where the right of withdrawal applies (e.g. the order was paid but the eSIM has not yet been delivered), the Seller refunds all payments without undue delay and no later than 14 days after receiving the withdrawal statement, using the same payment method the Consumer used unless the Consumer agrees to another method at no cost to them.
5. Independently of the statutory right of withdrawal, the Seller offers a voluntary money-back guarantee for an eSIM that never connected to a network, described in §11(3).

§10. Complaints

1. The Seller must deliver an eSIM that conforms with the contract. The Seller's liability towards Consumers for a lack of conformity of digital content or a digital service is governed by Chapter 5b of the Polish Consumer Rights Act and, towards other Customers, by the Civil Code, subject to section 7.
2. Complaints may be sent by email to kontakt@esimka.pl or in writing to ul. Sarnia 2/84, 61-058 Poznań. Please include: the order number, the email address used for the purchase, the ICCID (if known), a description of the problem, the device model and what you request (e.g. a replacement eSIM, a price reduction, a refund). Screenshots help.
3. The Seller responds to a Consumer's complaint within 14 days of receiving it (Article 7a of the Consumer Rights Act). If no response is given within that time, the complaint is deemed accepted. The response is sent to the email address the complaint came from or in another way the Consumer indicates.
4. In the event of a lack of conformity the Consumer may request that the eSIM be brought into conformity (e.g. delivery of a new eSIM) and, where that is impossible, would involve disproportionate costs, was not done within a reasonable time or the lack of conformity is significant, may declare a price reduction or withdraw from the contract.
5. Refunds are made without undue delay and no later than 14 days after receiving the Consumer's statement, using the payment method the Consumer used.
6. More details, including refunds, are on the Complaints & returns page.
7. Towards Customers who are neither Consumers nor sole traders with consumer rights, the Seller's warranty liability is excluded to the extent permitted by law and liability for damages is limited to the order price.

§11. Refunds

1. Refunds are made using the same payment method the Customer used, unless the Customer agrees to another method at no cost to them.
2. The Seller charges no fee for refunds.
3. "Never connected – money back" guarantee: if the eSIM never connected to any network (was not activated) and the Customer reports this before the Package's validity period would have expired, the Seller refunds the full price after verifying the eSIM's status with the Operator. This guarantee does not limit the Consumer's statutory rights.
4. A Package that was activated and used is not refundable, unless the problem is a lack of conformity handled through the complaints procedure.

§12. Out-of-court dispute resolution

1. A Consumer may use out-of-court complaint and redress procedures, in particular:
   • ask a municipal or district consumer ombudsman (rzecznik konsumentów) or a consumer organisation (e.g. Federacja Konsumentów) for help,
   • apply to the permanent consumer arbitration court at the Provincial Inspectorate of Trade Inspection (WIIH) to resolve the dispute,
   • apply to the provincial Trade Inspection inspector to start mediation.
2. Information on these procedures is available from the Polish Office of Competition and Consumer Protection (UOKiK): prawakonsumenta.uokik.gov.pl. Using them is voluntary and requires the consent of both parties.

§13. Personal data

The Seller is the controller of Customers' personal data. Processing is described in the Privacy Policy.

§14. Final provisions

1. The Seller may amend these Terms for important reasons, in particular changes in law, payment methods or the scope of services. Orders placed before an amendment are governed by the Terms in force when the order was placed.
2. Matters not covered here are governed by Polish law, in particular the Civil Code, the Consumer Rights Act and the Act on the provision of electronic services. The choice of Polish law does not deprive a Consumer of the protection of mandatory provisions of the law of their country of habitual residence.
3. These Terms do not exclude or limit a Consumer's rights under mandatory provisions of law.

Model withdrawal form

(complete and return this form only if you wish to withdraw from the contract)

To: Keysender - Łukasz Wicenciak, ul. Sarnia 2/84, 61-058 Poznań, email: kontakt@esimka.pl

I/We(*) hereby give notice that I/We(*) withdraw from my/our(*) contract of sale of the following goods(*)/for the provision of the following service(*): …

Ordered on(*)/received on(*): …
Name of consumer(s): …
Address of consumer(s): …
Signature of consumer(s) (only if this form is notified on paper): …
Date: …

(*) Delete as appropriate.