Distance Selling Agreement

Article 1. Definitions

Unless otherwise stated, the following terms are used as defined below throughout this Agreement.

  • Activation: The eSIM is activated upon immediate purchase or on the date specified during the purchase process.
  • Service: Refers to the DATA service provided by EnjoyeSIM, as further detailed in Article 3. The Service may not be available in all regions.
  • Prepaid eSIM: A Prepaid eSIM is a standard digital SIM that allows customers to activate a data plan without requiring a physical SIM. By purchasing EnjoyeSIM, you can download a data package directly to your device and enjoy seamless connectivity.
  • Prepaid Account: An account assigned to the Customer, the holder of the Prepaid eSIM, which reflects their credit consumption. Customers can access this account as outlined in Article 5.

Article 2. Purpose and Scope

These Terms and Conditions aim to define the terms of access and use of the EnjoyeSIM Prepaid eSIM, a brand of e-LUX Mobile Telecommunications Services S.A.

Article 3. Description of the Prepaid eSIM Service

The Prepaid eSIM Service enables the Customer, the holder of the Prepaid eSIM, to use the DATA service according to the bundle associated with their Prepaid Account. The validity period of the Prepaid eSIM and applicable rates are specified on the website.

Article 4. Access to Prepaid Services

Acceptance of SIM Card Special Conditions: Purchasing any Prepaid Card requires the Customer to review these Terms and Conditions, which are permanently available on the website www.enjoyesim.com. By purchasing one or more Prepaid eSIM(s), the Customer acknowledges having read and accepted these Terms and Conditions. The purchase receipt and the use of the QR code serve as confirmation of this acceptance, and no handwritten signature of this document is required.

Compatible Mobile Devices: It is the customer’s responsibility to ensure their device is eSIM-compatible and network-unlocked. By selecting “I have an eSIM-compatible and network-unlocked device” during purchase, the customer assumes responsibility for this information. As compatibility may vary based on carrier and country of origin, the customer must review the list of eSIM-compatible devices available during checkout or on the website. The compatibility list is not exhaustive and may not include newly launched eSIM-compatible devices. EnjoyeSIM is not liable for any malfunctions, failures, or damages resulting from the use of devices provided by third parties.

Purchase of Prepaid eSIM: To access the Prepaid eSIM service, the Customer must purchase a Prepaid eSIM with a data service plan via the website or the EnjoyeSIM app. The price of the Prepaid eSIM is payable immediately upon purchase.

eSIM Activation: After purchasing a Prepaid eSIM via the website (www.enjoyesim.com) or the EnjoyeSIM app, the customer will receive an email containing a QR code. The eSIM is activated by scanning the QR code. Activation must be completed within one year of purchase; otherwise, this Agreement will automatically terminate.

Article 5. Charges and Delivery

Service charges are listed on the website: www.enjoyesim.com. The purchased eSIM will be immediately visible under the "My eSIMs" section on the website or app. The Customer will also receive a confirmation email containing all necessary installation information. The EnjoyeSIM data package is provided as-is and cannot be modified or customized after purchase.

Article 6. Start, Duration, and Termination of the Contract

The service contract between EnjoyeSIM and the Customer begins once an order is completed on the website or app. Activating the eSIM and adhering to the Activation Policy is the Customer's responsibility.

The Prepaid eSIM has a limited validity period starting from activation, as specified on the website (www.enjoyesim.com). The contract will terminate if the Customer does not have an active data package or deletes the eSIM from their device.

Article 7. Customer Obligations

While using EnjoyeSIM services, the Customer must not:

  • Engage in abusive, illegal, or fraudulent activities.
  • Cause damage to or impair the network.

If the Customer breaches these obligations, EnjoyeSIM may suspend their use of the service. The Customer will be notified as soon as reasonably practicable.

Article 8. Fair Use Policy

The Customer acknowledges having been informed in advance that EnjoyeSIM applies fair use policy rules established and/or updated by relevant authorities, including the European Commission under Regulation (EU) 531/2012 on roaming on public mobile networks within the Union, as amended.

Article 9. Traffic Management

The minimum, announced, maximum, and normally available internet access speeds depend on factors such as overall network traffic, the Customer’s device, and network coverage. These speeds are not guaranteed under all circumstances.

EnjoyeSIM may take reasonable measures to manage data traffic (e.g., throttling or blocking) transparently, proportionately, and non-discriminatorily, as necessary to:

  • Offer different technical service levels for specific traffic categories.
  • Comply with legal, regulatory, or administrative requirements.
  • Protect the integrity and security of the infrastructure and Customer devices.
  • Address temporary or exceptional network congestion, ensuring equivalent traffic types are treated equally.

Throttling reduces internet speed, potentially extending download or upload times, while blocking disrupts services temporarily or partially.

Article 10. Refund Policy

EnjoyeSIM has a strict no-refund policy. Purchased Prepaid eSIMs are non-refundable.

Article 11. Governing Law and Jurisdiction

This Agreement is governed by the laws of Luxembourg. Any disputes arising from the conclusion, performance, or interpretation of this Agreement shall be submitted to the courts of Luxembourg.

Article 12. Liability and Warranty

EnjoyeSIM is not liable for disruptions or unavailability of services. Continuous availability of the network is not guaranteed.

Article 13. Customer Service

EnjoyeSIM provides a customer complaint form on the website (www.enjoyesim.com). Complaints will be addressed and responded to within a reasonable timeframe. Valid complaints will be resolved while respecting the rights of both parties.