Verkoopvoorwaarden

This translation is provided for information purposes only and does not constitute a legally binding document. Please refer to the original conditions in French.

Terms of Sales

Article 1- Application of conditions
The seller is defined below as SARL PBS. The buyer is defined below as the company or person signing and accepting these conditions of sale. The general conditions of sale apply exclusively to all sales concluded by SARL PBS. The information given in catalogs, price lists, websites, notes, etc. is given for information purposes only and may, as such, be modified by the seller without notice. The mere fact of placing an order or accepting an offer from the seller implies unreserved acceptance of these general conditions. These general conditions may be modified at any time and without notice by SARL PBS, the modifications then being applicable to all subsequent orders.

Article 2 - Purpose
The purpose of these general conditions is to define the conditions under which the service is accessible on the Mobitravelers.com site published by SARL PBS ( hereinafter Mobitravelers ) and is offered to any user of the website. This service allows the customer:

• eSIM card with communication credit
• to buy a prepaid SIM or eSIM card

The objective is to define the conditions under which Mobitravelers provides the customer with the service and the conditions under which Mobitravelers recharges SIM/ eSIM cards prepaid or buy eSIM cards from partners. Use of the service to recharge a prepaid SIM / eSIM card or to purchase an eSIM card , as well as any other use on this website, implies full acceptance of these conditions of use. These conditions are subject to change at any time.

Article 3 - Definitions
eSIM cards and top up SIM and eSIM . The service is offered to the customer via the online website on the site: Mobitarvellers.com
“Customer” means the person who orders and pays for the Service in order to purchase an eSIM card or top up a SIM card or an eSIM card .
“Distributor” means the partners with whom Mobitravelers has signed contracts and undertaken technical connections allowing the resale of their SIM cards, eSIM cards and top-ups.
“Credit” means the communication credit that is transferred to a SIM card or eSIM card to recharge it and allow the customer to communicate. For most operators, the credit unit is the local currency of the country in which the operator operates. This amount, hereinafter referred to as "face value", corresponds to the top-up which is actually credited and made available to the customer.
“SIM Card” (Customer Identity Module) means an ISO smart card (SIM) or any reduced size card, namely Micro SIM or Nano SIM which plugs into the terminal and allows access to communications services mobile and user identification on the network.
eSIM card ” means a SIM profile loaded onto an integrated, non-removable SIM card inside a mobile device, which can accommodate multiple SIM profiles, and allowing access to mobile communications services.

Article 4 - Description and conditions of service
 Mobitravelers does not provide telecommunications services and is only a reseller of communication credit or eSIM cards from operators. Mobitravelers cannot be held responsible for failure to use these services. Disputes relating to the quality of service, the number of minutes or any other telecommunications service provided by the operator, the cost, the validity period of the credit or any other condition of the mobile telecommunications credit must be handled directly with the operator. The operator provides the customer with a telephone assistance service available twenty-four (24) hours a day, seven (7) days a week (7) and during the three hundred and sixty-five ( 365) days of the year.

Article 5 - Orders
The sale of our products on this site is exclusively reserved for the end consumer, that is to say any natural person not acting as a trader and having the legal capacity to contract. Consequently, orders from professionals will not be honored by Mobitravelers . In this regard, Mobitravelers reserves the right to cancel any order of an abnormal nature such as an order relating to quantities of products exceeding the normal needs of a consumer or abnormal order flows to the same billing address and/or or delivery.
For orders made on the website, orders are effective from the date the buyer's account is debited for bank cards or Paypal .
Any clause emanating from the buyer, not accepted in writing by the seller which is in opposition to these general conditions or particularities defined in the price offer will be considered void. No unilateral cancellation of an order will be accepted without the agreement of Mobitravelers .

Article 6 - Conditions of reloading, ordering and payment

1. eSIM cards
   The site only allows you to purchase eSIM cards from operators who have signed an agreement with Mobitravelers . The list of available operators is subject to change without notice. The use of eSIM cards and related offers is subject to the operators' general conditions, available on the website.
2. Reloading conditions
   The site allows you to recharge SIM Cards/SIM Cards from operators who have signed an agreement with Mobitravelers . The list of available operators is subject to change without notice. The recharge has no monetary value. It is neither exchangeable nor refundable. The number of minutes, SMS and data varies depending on the conditions offered by the operators and is subject to change without notice. Operators can also apply any type of fees, such as taxes or others, without prior notice, thereby reducing the recharged credit. Mobitravelers is not responsible for these modifications. The recharge value may be subject to change in accordance with the operator's terms and conditions. Mobitravelers is in no way responsible for the conditions applied by the operators or any modifications thereof. Once the credit or eSIM card has been loaded, the use of the telephone communications credit is then normally governed by the pre-existing contractual conditions between the customer and the operator of which he is a customer. In particular, the validity period of each recharge is defined by the operator.
3. Order conditions
   As an intermediary, Mobitravelers takes the customer's order to benefit from eSIM cards or recharges. To recharge a SIM card or eSIM card profile SIM card , the customer must follow the procedure below:
   - eSIM card offer
   - Select recharge
   - Pay for the chosen top-up
   The price displayed includes VAT. The customer must then enter the information relating to their means of payment necessary for the smooth running of the online payment as described in article 4.3 below. Finally, the customer must confirm their purchase by clicking on the "Pay by bank card" button. By this action, the customer gives an irrevocable mandate to Mobitravelers to recharge their SIM card or eSIM card in accordance with article L. 132-2 of the Monetary and Financial Code. By providing their bank details during the sale, the customer authorizes Mobitravelers to debit their card for the amount indicated. The customer confirms that he is the legal holder of the card to be debited and that he is legally authorized to use it. In the event of an error, or inability to debit the card, the sale is immediately canceled. When the customer confirms the purchase, Mobitravelers proceeds to debit the customer and recharge the SIM card/ eSIM card . Once the recharge has been made, the customer cannot cancel it. Any SIM card recharge is final with no possibility of refund or exchange. The customer is entirely responsible for indicating without error the number of the SIM card to be recharged.
4. Payment terms
   Payment must be made by credit card or other means specified on the website. Any means of payment can be added under the sole responsibility of Mobitravelers .
    Mobitravelers reserves the right to refuse the order of a customer who has had recurring payment problems.

Article 7 - Price
The prices of the services mentioned on the site, which are inclusive of all taxes, are those in force at the time the order is validated by the customer. The content and prices of the services are subject to change depending on the evolution of the operators' offers and the exchange rates of the respective currencies of the countries in which the operators have established their activity.

Article 8 - Limits
The customer is informed that Mobitravelers applies the following rules for the use of the top-up service:

• Maximum daily amount: €200
• Maximum monthly amount: €300
• Number of successful transactions per day: 5
• Number of successful transactions per month: 12
• Credit cards valid on the website: Visa and MasterCard
• Invalid credit cards: business cards

Article 9 - Cancellation of a validated order
If a recharge fails after validation of the order for whatever reason (SIM number not recognized, technical incident, etc.) the order will be canceled. The customer's payment will also be canceled. An email will be sent to the customer to inform them of the cancellation of their order and payment.

Article 10 - Waiver of the right of withdrawal
Recharging being an immediate service, and in accordance with article L.221-28-1° of the Consumer Code, the customer expressly agrees to waive his right of withdrawal within 14 days, provided that the use of the recharge has started before the expiration of the 14-day period. Acceptance of the immediate start of the provision of the service and the express waiver of the right of withdrawal are formalized upon validation of the order. Accordingly, top-up purchases are firm and final. They cannot therefore give rise to exchange, reimbursement or exercise of a right of withdrawal.

Article 11 - Liability
Mobitravelers and operators will make their best efforts to ensure the best availability and quality of service. The operators will endeavor to keep the service accessible 7 days a week and 24 hours a day. However, the operators reserve the right, in particular for maintenance reasons, to temporarily suspend access to the service without notice. This interruption cannot give rise to any compensation for the customer. The operators put in place the means necessary for the proper functioning of the service. However, operators are not liable in the event of “force majeure” events within the meaning of the Court of Cassation. The operator is under no circumstances required to repair indirect damage suffered by the customer in connection with the use of the service. The operators' liability, for whatever reason, can only be incurred in the event of proven fault in the execution of the services duly ordered by the customer. The liability of operators in the event of partial or total breach of their own contractual obligations is limited to the amount of the price received by the operators. Finally, operators are released from any liability regarding the use of the credit card which is part of the contract between the customer and his bank. The site is generally accessible 24 hours a day, 7 days a week. However, Mobitravelers reserves the right to temporarily suspend access to the site for reasons of maintenance and repair of the site. Please note that Mobitravelers does not provide mobile telecommunications services and only acts as a reseller. Therefore, Mobitravelers cannot guarantee that the mobile services provided by the operators will be performed without defects or interruptions and cannot be responsible for the performance or quality of these mobile services.

Article 12 - Registration
In order to benefit from the service, the customer must create an account. When creating an account, the customer must provide accurate, complete and current information as requested in the registration form. The customer certifies that the information provided is accurate and complete and undertakes to update it if necessary. Once registered, the customer receives a username and password and is fully responsible for any activity that occurs under their account, including unauthorized use of their credit card. The customer must immediately notify any unauthorized use of his account through customer service by clicking on the “contact us” button on the website. The customer must be over 18 years old to use the service. Mobitravelers cannot be held responsible for use by customers who violate this rule. Consequently, minors must obtain authorization from their parents (or persons having parental authority over the minor) to purchase the service.

Article 13 - Customer service and complaints
For any questions or information regarding these general conditions or the service, the customer can contact our customer service by clicking on the “contact us” section on the site. Any complaint must be sent to Mobitravelers no later than one month from the date of the event.
Requests must include the following:

• The date and time of the order,
• The transaction reference,
• Information relating to the user's account,
• The recharged SIM number or the individual eSIM number ,
• The specific reason for the request.

Article 14 - Right of access to personal data
Mobitravelers collects personal data relating to the customer (e.g. telephone number, email). This collection allows Mobitravelers to process the order but also to improve or send information about its services. By using Mobitravelers services , any customer accepts, on the one hand, the processing of their data and, on the other hand, to receive free commercial offers.
In accordance with articles 38, 39 and 40 of law no. 78-17 known as the Data Protection, Files and Liberties Law of January 6, 1978, amended by Order no. 2018-1125 of December 12, 2018 taken in application of article 32 of Law No. 2018-493 of June 20, 2018 relating to the protection of personal data and amending Law No. 78-17 of January 6, 1978 relating to computing, files and freedoms and Articles 4, 7 and 11 of Regulation (EU) 2016/679 of April 27, 2016, the customer has a right of opposition, access, rectification and deletion of his personal data obtained by Mobitravelers when using the service. To do this, please send your request to customer service by clicking on the “contact us” button on the website or at the address mentioned in the article.

Article 15 - Cookies
We inform the customer that during his visits to the Site, one or more "cookies" may be automatically installed on his computer. A cookie is a small file saved on the customer's hard drive. This file does not identify the customer by name, but records certain information relating to his navigation (pages consulted, date and time of consultation, IP address, etc. consultation, IP address, etc.). The information collected is used in particular for statistical purposes. This data is not transmitted to third parties, but in the event of illegal behavior on the site or a request from a judicial authority, this data may be communicated to the courts. of a judicial authority, these data may be communicated to the courts.

Article 16 - Final Stipulations
SARL PBS will archive purchase orders and invoices on a reliable and durable medium constituting a faithful copy in accordance with the provisions of article 1348 of the Civil Code. The computerized registers of SARL PBS will be considered by the parties as proof of communications, orders, payments and transactions between the parties, unless proven otherwise. French law is applicable without precluding the application of mandatory legislative rights granted to consumers or of a more protective mandatory law by the foreign judge seized by a consumer of the corresponding country. If one of the clauses or provisions of these General Terms and Conditions were to be canceled or declared illegal by a final court decision, this nullity or illegality will in no way affect the other clauses and provisions, which will continue to apply.

Article 17 - Applicable law and disputes
These general conditions of sale are subject to French law. Subject to the application of the provisions of article 48 of the New Code of Civil Procedure, in the event of a dispute concerning the interpretation, execution and/or validity of these general conditions, express jurisdiction is attributed to the Courts of PARIS .