General terms and conditions of business


§ 1 Fundamental provisions

(1) These terms and conditions of business apply to all contracts concluded between a consumer or entrepreneur (customer) and the seller (Tourisim GmbH) on the website www.tourisim.de/en/. Unless agreed otherwise, the customer’s own conditions shall not be taken into account.

(2) Within the meaning of these provisions, a consumer is any natural person who concludes a legal transaction for purposes which cannot predominantly be attributed to their commercial or independent professional activities. An entrepreneur is any natural or legal person or partnership with legal capacity who practices their commercial or independent professional activities when concluding a legal transaction.

(3) Parts of the presented product range may – depending on the product description – involve the conclusion of a contract for the provision of telecommunication services (hereinafter referred to as a “telecommunications contract”) with a third-party provider (hereinafter referred to as a “service provider”). In this case, the existence of the contract with the provider, from the conclusion of a telecommunications contract with the service provider, is dependent on the telecommunications contract not being withdrawn by the customer. For the telecommunications contract, the corresponding legal conditions apply, including any deviating contractual conditions laid down by the respective service provider. The seller acts solely as an intermediary for such contracts.

(4) The contract is concluded with:
Tourisim GmbH
Pflanzstraße 40
45359 Essen
Germany
Fax: +49 (0) 201 6123 15 61
E-Mail: info@tourisim.de
Managing directors:
Fabian Scholz, Mathias Schröder

§ 2 Conclusion of the contract

(1) The product descriptions on the seller’s online shop do not constitute binding offers by the seller, but rather serve to encourage the customer to make a binding offer.

(2) The customer can make an offer using the online order form on the seller’s online shop. To this end, the customer will, after putting the selected products in the virtual basket and carrying out the electronic ordering process, give a legally binding contractual offer in relation to the products in the basket by clicking the final order button during the ordering process.

(3) The seller can accept the customer’s offer within five days,
- by sending the customer a written order confirmation or an order confirmation in text format (by fax or email), provided that the order confirmation can be accessed by the customer, or
- by delivering the ordered product to the customer, provided the product is received by the customer, or
- by requesting payment from the customer after the order is placed.
If more than one of the aforementioned alternatives takes place, the contract will come into effect at the time when one of the aforementioned alternatives first comes to pass. The time frame for accepting the offer begins on the day after the offer was made by the customer and ends by the close of the fifth day following that when the offer was made. If the seller does not accept the customer’s offer within this time frame, this counts as a rejection of the offer with the effect that the customer is no longer bound by their declaration of intent.

(4) When an offer is made via the seller’s online order form, the contract text will be saved by the seller after the conclusion of the contract and then sent to the customer in text form (for example, email, fax or letter) following delivery of their order. The seller will not make the contract text available in any other way.

(5) Before submitting their binding order using the seller’s online order form, the customer can spot possible input errors by carefully reading the information presented on the screen. The customer can use their browser’s zoom function to help them spot input errors, as it enlarges the information on the screen. The customer can correct their inputs during the electronic ordering process using the customary keyboard and mouse functions at any time before clicking the final order button.

(6) The conclusion of a contract can be carried out in German or English.

(7) Order processing and the establishment of contact are usually carried out by means of email and automated order processing. The customer must ensure that the email address they have provided during the ordering process is correct so that the emails sent to this address by the seller can be received. In particular, if the customer uses SPAM filters, they must ensure that all emails from the seller or from third parties contracted by the seller to process the order can be delivered.

§ 3 Provision of services in relation to offers (loading of credit)

(1) If the contract covers the loading of credit, the seller will activate the credit ordered by the customer in the form described in the respective offer.

(2) The customer is obligated to cooperate if the seller needs further information from them in order to provide the service.

(3) The provision of the service (activation) will occur within the time frame specified in the respective offer (in cases where pre-payment has been agreed, this will not occur until after the customer has made the payment).

§ 4 Right to withdraw

(1) Consumers have a fundamental right to withdraw.

(2) Further information on the right to withdraw can be found in the seller’s cancellation policy.

(3) The right to withdraw does not apply to consumers who, at the time of concluding the contract, do not belong to a member state of the European Union and whose sole place of residence and delivery address lie outside of the European Union at the time of concluding the contract.
See right to withdraw.

§ 5 Prices and payment conditions

(1) Unless stated otherwise in the seller’s product description, the prices specified are the total price, including any statutory value-added tax that applies. Where applicable, any additional delivery and shipment costs will be indicated separately in the respective product description.

(2) Additional costs could also arise in individual cases when deliveries are made to countries outside of the European Union; the seller has no control over these costs and they must be borne by the customer. Examples include costs for money transferred by banks (e.g. transfer fees, foreign exchange fees) or fees or taxes charged as a result of import regulations (e.g. customs duties). Money transfers may also be subject to such costs if the delivery is not being made to a country outside of the European Union but the customer makes the payment from a country outside of the European Union.

(3) The payment options are communicated to the customer on the seller’s online shop.

(4) If advance payment by bank transfer is agreed, payment is due immediately after the conclusion of the contract, unless the parties have agreed on a later payment deadline.

(5) For payments made using one of the payment methods offered by PayPal, the payment will be processed by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as: “PayPal”) in accordance with PayPal’s user agreement, which can be viewed at https://www.paypal.com/us/webapps/mpp/ua/useragreement-full, or – if the customer does not have a PayPal account – in accordance with the conditions for payments without a PayPal account, which can be viewed at https://www.paypal.com/uk/webapps/mpp/ua/privacywax-full.

(6) If the “SOFORT” payment method is selected, the payment will be processed by the payment service provider SOFORT GmbH, Theresienhöhe 12, D-80339 München (hereinafter referred to as “SOFORT”). To be able to pay the invoice amount via “SOFORT”, the customer has to have an online banking account with PIN/TAN processing that works with “SOFORT”, prove their identity accordingly during the payment process, and confirm the payment transfer with “SOFORT”. The transaction will then be processed by “SOFORT” immediately and charged to the customer’s bank account. More information is available about the “SOFORT” payment method online at https://www.klarna.com/sofort/.

(7) Credit card with the service provider “Stripe”
The credit card payment method is processed in collaboration with Stripe Payments Europe, Ltd., c/o A&l Goodbody, Ifsc, North Wall Quay, Dublin 1, Ireland (hereinafter referred to as “Stripe”), subject to the Stripe Services Agreement, which can be viewed at https://stripe.com/de/legal, to which the vendor assigns its payment claim. Stripe shall collect the invoice amount from the customer’s credit card account, of which details have been provided. In the event of an assignment, this may only be granted to Stripe with debt-discharging effect. The credit card shall be debited immediately once the customer’s order has been placed in the online shop. The vendor shall remain responsible for general customer enquiries, e.g. relating to the goods, delivery time, shipment, returns, complaints, notice of cancellation and shipment or credit notes, or regarding selection of the payment method credit card payment via Stripe.

(8) SEPA direct debit with the service provider “Stripe”
The SEPA direct debit payment method is processed in collaboration with Stripe Payments Europe, Ltd., c/o A&l Goodbody, Ifsc, North Wall Quay, Dublin 1, Ireland (hereinafter referred to as “Stripe”), subject to the Stripe Services Agreement, which can be viewed at https://stripe.com/de/legal, to which the vendor assigns its payment claim. Stripe shall collect the invoice amount from the customer’s bank account, of which details have been provided. In the event of an assignment, this may only be granted to Stripe with debt-discharging effect. The bank account shall be debited 2 days after the customer’s order has been placed in the online shop. The vendor shall remain responsible for general customer enquiries, e.g. relating to the goods, delivery time, shipment, returns, complaints, notice of cancellation and shipment or credit notes, or regarding selection of the payment method SEPA direct debit via Stripe. If there are insufficient funds in the account to cover the direct debit or incorrect bank details are provided, meaning that the direct debit cannot be redeemed, or the customer raises an objection to the direct debit without being entitled to do so, the customer shall bear any costs incurred as a result of the chargeback from the respective credit institution, insofar as the customer is responsible for this.

(9) Processing with the service provider “Stripe”
Processing of the payment types
→ Credit card
→ SEPA direct debit
→ Apple Pay
→ Google Pay
takes place in collaboration with Stripe Payments Europe, Ltd. (“Stripe”), to which the supplier assigns its payment claim. Stripe Payments Europe, Ltd collects the invoice amount from the customer’s credit card account, of which details have been provided. In the event of an assignment, this may only be granted to Stripe Payments Europe, Ltd with debt-discharging effect. The credit card shall be debited immediately once the customer’s order has been placed in the online shop. The supplier shall remain responsible for general customer enquiries, e.g. relating to the goods, delivery time, shipment, returns, complaints, notice of cancellation and shipment or credit notes, or regarding selection of the payment method credit card payment via Stripe Payments Europe, Ltd. The Stripe Payments Europe Privacy Policy can be viewed at https://stripe.com/de/legal.

§ 6 Delivery and shipment conditions

(1) Unless agreed otherwise, the products will be shipped to the delivery address provided by the customer. When processing the transaction, the delivery address provided during the seller’s ordering process will be used. Payment via PayPal differs from this, as the delivery address provided by the customer when they paid using PayPal will be used.

(2) If the transport company sends the dispatched product back to the seller because delivery to the customer was not possible, the customer will bear the costs for the failed shipment. This does not apply if the circumstances that led to the failed delivery were out of the customer’s control or if they were momentarily unable to accept the service offered, unless the seller notified the customer of the service a reasonable time in advance. Furthermore, this does not apply to the costs of the original shipment if the customer has effectively exercised their right to withdraw. For return costs, when the right to withdraw has been effectively exercised by the customer, the relevant provisions in the seller’s cancellation policy apply.

(3) For logistical reasons, it is not possible for the customer to collect the product themselves.

(4) The seller is not the provider of the telecommunication services; these are provided by the telecommunications company/service provider named in the offer. The products described in the shop consist of a sim card. The fulfilment of the service described in the tariffs does not form part of this offer. The description of the tariff features has been taken from the descriptions provided by the named telecommunications company and is provided solely for information purposes. The seller’s service is limited to the delivery of the sim card.

§ 7 Warranty

(1) The statutory warranty rights apply.

(2) As a consumer, the customer is asked to check the product immediately upon delivery for completeness, obvious defects, and transport damage and to report any complaints to the seller and the carrier as quickly as possible. If the customer fails to do this, this will have no effect on their statutory warranty claims.

(3) If the customer is an entrepreneur, the aforementioned warranty provisions differ as follows:

a) In relation to the quality of the product, only the information provided by the seller itself and the product description provided by the manufacturer apply as agreed, but not other advertising, public promotions and statements from the manufacturer.
b) In the event of defects, the seller will fulfil the terms of the warranty by choosing either to repair or redeliver the product. If the remedial action should fail, the customer can request a reduction in cost or a termination of the contract at their discretion. The remedial action counts as having failed after an unsuccessful second attempt, unless otherwise indicated, in particular by the type of product or defect or other circumstances. In the case of repairs, the seller does not have to bear the increased costs which arise from transferring the product to a location other than the place of fulfilment, unless this corresponds with the intended use of the product.
c) The warranty period amounts to one year following delivery of the product. The reduction in the time period shall not apply:
→ to damages culpably attributable to the seller arising from loss to life, bodily injury or damage to health and to other damages caused intentionally or through gross negligence;
→ insofar as the seller has fraudulently concealed the defect or offers a guarantee for the quality of the product;
→ to products that have been used for a building according to their usual manner of use and have caused it to be defective;
→ in the event of legal rights of recourse that the customer has in relation to guarantee rights against the seller.

(4) When executing the telecommunications contract, the seller cannot be held liable for shortcomings for which the respective service provider is solely responsible. In this respect, the corresponding legal conditions shall apply, including any deviating contractual conditions of the respective service provider.

§ 8 Technical requirements

(1) To be used in the USA, Canada and Mexico, the device used by the customer must be able to support the frequencies 850 and 1900 Mhz from UMTS (3G) as a minimum. The frequencies 850 and 1900 Mhz are also required for higher speeds such as LTE (4G) or 5G. If the device does not support these frequencies, it will be unable to connect to the mobile network.

(2) In addition, the device used should not have any restrictions. For example, it must not have a sim lock (a lock for certain providers) or a region lock (a lock for sim cards in certain regions). In both circumstances, it is not possible to use a non-EU sim card because the device will block the connection.

(3) The seller cannot be held liable for the inability to use a product because the aforementioned technical requirements are not fulfilled.

§ 9 Choice of law, place of fulfillment, place of jurisdiction

(1) German law shall apply. This choice of law shall only apply to consumers insofar as it does not remove the protection provided by mandatory provisions of the law of the country of the user’s usual residence (favorability principle).

(2) The place of jurisdiction and the place of fulfillment for all services arising from business relations with the seller shall be the seller’s headquarters, provided that the customer is not a consumer, but rather a business person, legal entity under public law or special fund under public law. The same applies if the customer does not have any general place of jurisdiction in Germany or in the EU or if their place of residence or habitual place of residence is not known at the time legal action is brought. This does not affect the right to appeal to the court in another place of legal jurisdiction.

(3) The provisions of the United Nations Convention on Contracts for the International Sale of Goods shall explicitly not apply.

§ 10 Rechtswahl, Erfüllungsort, Gerichtsstand

(1) The seller is subject to the code of honor of Trusted Shops GmbH, which can viewed at: https://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_en.pdf.

§ 11 Alternative dispute resolution

(1) The European Commission has made a platform for online dispute resolution available at the following link: https://ec.europa.eu/consumers/odr
This platform serves as a point of contact for the extrajudicial resolution of disputes arising from online purchase or service contracts in which consumers are involved.

(2) The seller is not obligated to take part in dispute resolution proceedings before a consumer arbitration board, but will nevertheless be prepared to do so in principle.