Privacy Policy

Refund Policy (English)

Last Updated: October 12, 2025

1. Legal Basis – German Civil Code § 356 Para. 5

This refund policy is based entirely on the provisions of the German Civil Code (BGB), specifically § 356 para. 5 BGB for digital content.

Important Legal Notice: According to § 356 para. 5 BGB, the right of withdrawal expires for contracts for the delivery of digital content not delivered on a physical data carrier if the entrepreneur has begun performance of the contract after the consumer has expressly agreed that the entrepreneur will begin performance of the contract before the expiry of the withdrawal period and has confirmed their knowledge that they will lose their right of withdrawal by agreeing to commence contract performance.

2. Definition of Contract Performance

Time of Service Provision: The moment of emailing the QR code or eSIM activation data to the customer is considered the beginning of contract execution under German law. From this point, the statutory right of withdrawal expires completely.

3. Exclusion of Withdrawal Rights

According to BGB § 356 Para. 5, there is NO right of withdrawal for:

3.1 After Delivery of eSIM Data:

QR code was delivered via email
eSIM activation codes were provided
Download link was transmitted
Digital content is available

3.2 After Customer Consent to Immediate Execution:
By placing an order, the customer expressly agrees that:

Contract execution begins immediately after payment receipt
The customer loses their withdrawal right through this consent
eSIM data will be provided immediately

4. When NO Refunds Are Granted

4.1 Legally Excluded Cases (BGB § 356 Para. 5):

eSIM QR code was delivered (regardless of usage)
Activation instructions were sent via email
Customer received access to digital content
Contract execution began according to customer consent

4.2 Customer-Related Situations:

Device incompatibility (eSIM support required)
Carrier lock or SIM lock of end device
Incorrect device configuration or user error
Travel plans have changed
Dissatisfaction with network coverage or speed
Price comparison after purchase

4.3 External Technical Factors:

Network outages by third parties
Roaming restrictions in certain countries
Government-imposed internet restrictions
Force majeure or unforeseeable circumstances

5. Exceptions – When Refunds Are Possible

5.1 Technical Errors on Our End (Before Delivery):

QR code could not be technically generated
Email delivery failed technically
System failure prevented contract fulfillment
Faulty eSIM profiles from our supplier

5.2 Legal Impossibility of Performance:

eSIM service not available in target country
Regulatory restrictions prevent activation
Supplier cannot provide service

Important: Refunds are only possible BEFORE contract execution (QR code delivery) has occurred.

6. Procedure for Complaints

6.1 Reporting Technical Problems:

Email to: [email protected]
Subject: “Technical Problem – [Order Number”
Complete error description required

6.2 Required Documentation:

Screenshot of error message
Device information and eSIM compatibility
Proof of proper installation
Details about network provider and location

6.3 Processing Deadlines:

First response within 2 business days
Technical review within 5 business days
Final decision within 14 days

7. Reseller Notice and Liability Disclaimer

7.1 Business Model:

Graham Miranda is an authorized reseller of eSIM services
Technical provision is carried out by certified third parties
Network coverage and quality are outside our sphere of influence

7.2 Liability Limitation:

Liability limited to intentional and grossly negligent breaches of duty
No liability for third-party networks or external disruptions
Damage compensation limited to the purchase price of the eSIM product
Exclusion of consequential damages and lost profits

8. Fraud Prevention and Abuse Protection

8.1 Abuse of Refund Requests:

For demonstrably unjustified requests: Processing fee EUR 25
Repeated abuse attempts result in account suspension
Legal action reserved for fraudulent activities

8.2 Identity Verification:

Refund requests only from registered orderer
Proof of identity required for refund requests
Protection against unauthorized access to customer accounts

9. Insurance Coverage and Claims Settlement

Insurance: Graham Miranda has professional liability insurance with Markel Insurance SE (Policy No. ON.MPI.64092) with coverage of EUR 3,000,000 for personal injury and property damage.

7. YOUR RIGHTS

You have the right to:

Access your personal data (Art. 15 GDPR)
Rectify inaccurate data (Art. 16 GDPR)
Erase data (Art. 17 GDPR)
Restrict processing (Art. 18 GDPR)
Data portability (Art. 20 GDPR)
Object to processing (Art. 21 GDPR)
Withdraw consent (Art. 7(3) GDPR)

10. International Data Traffic

Server Locations: Parts of our infrastructure are located in the USA and France. Data transmission is encrypted and GDPR-compliant via Cloudflare services.