This document sets out the "GENERAL TERMS AND CONDITIONS OF SALE" governing the operation of the website www.esimandorra.ad (hereinafter, the "Website") and the mobile application (hereinafter, the "Application") and the purchase through the Application or Website of a data plan for the Principality of Andorra associated with a prepaid SIM card, both in physical format and in digital eSIM version (hereinafter, the "Service"). Use of the Website and/or the Application implies acceptance of these General Terms and Conditions of Sale. Notwithstanding the foregoing, if you have any questions or queries about them, you can contact our Customer Service department through the Website's help centre.
These GENERAL TERMS AND CONDITIONS OF SALE have been drafted in accordance with the provisions of Law 12/2013, of 13 June, on Commerce, Law 13/2013, of 13 June, on Effective Competition and Consumer Protection, and the Decree of 07-08-2013 approving the Regulations governing official complaint, claim and report forms in consumer matters and any other that may be applicable.
In accordance with Article 27 of Law 13/2013, of 13 June, on Effective Competition and Consumer Protection, we hereby inform you that the ownership of this Website, www.esimandorra.ad and its subdomains is held by: the Andorran commercial company "ANDORRA TELECOM, S.A.U." (hereinafter, "ANDORRA TELECOM" or "We"), with registered office in the Principality of Andorra, carrer Mossèn Lluís Pujol, 8-14, Santa Coloma (AD500 Andorra la Vella) and with Tax Registration Number A-710646-J, registered in the Companies Register under number 15522, book S-230, folios 221-230 and with the Trade Register of the Principality of Andorra number 925270 N.
The purpose of these "GENERAL TERMS AND CONDITIONS OF SALE" is, on the one hand, to inform users and customers about the terms and conditions under which ANDORRA TELECOM will proceed with the sale of the data plan for the Principality of Andorra associated with a prepaid SIM card, both in physical format and in digital eSIM version (hereinafter, indistinctively, the "SIM") and, on the other hand, to inform them of the rights and obligations of the parties within the framework of the sale of the data plan for the Principality of Andorra associated with a prepaid SIM card by ANDORRA TELECOM to the customer (hereinafter, the "Customer" or the "User").
Unreserved acceptance of these Terms and Conditions is essential for the provision of the Service. In this regard, the Customer declares that they have read, understood and accepted these Terms and Conditions, which are available at all times on the Website www.esimandorra.ad.
These General Terms and Conditions of Sale apply in full, without restriction or reservation, to all contracts for the data plan for the Principality of Andorra associated with a prepaid SIM card through the Website and/or the Application. Therefore, when contracting products/services, the Customer acknowledges that they are aware of these "GENERAL TERMS AND CONDITIONS OF SALE" prior to placing the orders and accepts them fully and completely.
ANDORRA TELECOM reserves the right to unilaterally modify these "GENERAL TERMS AND CONDITIONS OF SALE" at any time. However, the applicable conditions will always be those that the Customer accepted at the time of placing their Order. For this reason, the Customer is advised to read these General Terms and Conditions carefully before confirming their purchase, as well as to keep or print a copy of them.
These "GENERAL TERMS AND CONDITIONS OF SALE" include the General Terms and Conditions of Use of the Website and/or the Application and are supplemented by the provisions of the Privacy Policy and the Cookies Policy.
ANDORRA TELECOM provides a SIM card, available in both physical and digital (eSIM) formats. In the case of the physical SIM card, it must be collected from the ANDORRA TELECOM shop or any official distribution point published on the Website www.esimandorra.ad. In the case of the digital SIM card (eSIM), it can be downloaded and activated on the phone without the need for a physical SIM card.
The Customer may purchase mobile data-only packages for specific periods within Andorran territory, without having to change their device or service number. Once the data allowance has been used up, the connection automatically cuts off the service.
The User may register to purchase a SIM card, either physical or digital, through our Application or our Website www.esimandorra.ad. The User must accept the Terms of Use in order to register and purchase a SIM card. The Privacy Policy and Cookies Policy will be displayed in the Application when the User registers to purchase a SIM card and will be available on our Website www.esimandorra.ad.
In order to provide the service, ANDORRA TELECOM will provide the Customer with a SIM card that can be downloaded or installed, as applicable, on any device compatible with the corresponding SIM card type.
If you purchase one of our SIM cards, you enter into an agreement with us for the purchase of the SIM card and agree to pay us all applicable charges in accordance with the data plan of the purchased SIM card.
Once the data package has been purchased, use of the service begins automatically when the device connects to the Andorra Telecom network covered by the data package during the contracted period.
In this regard, "contracted day" shall be understood to mean a period of 24 hours, regardless of the time zone.
As soon as you are provided with the eSIM or physical SIM, you will be responsible for it.
By using the Service, the User accepts that they have an unlocked device and, in the case of the eSIM, that it is compatible, which is essential in order to access it.
This Agreement shall come into force once you purchase the SIM card. Once you have downloaded the eSIM to your device or inserted the physical SIM card and activated the data plan, the SIM card will remain in your device after your data plan credit has been used up or your data plan has expired. The User may remove the SIM card from their device at any time via their device settings. Notwithstanding the foregoing, it is necessary to keep the SIM card in the device until your data plan has been used up or has expired. Downloading or inserting the SIM card and activating any of the data plans may require a stable internet connection.
The term of these plans will last until the data plan has expired.
This Agreement shall be terminated immediately if any of the following situations occur:
ANDORRA TELECOM will apply the prices in force for each type of contract. The price will be indicated in euros (€). These financial conditions are available, fully updated, for consultation on the Website www.esimandorra.ad.
Contracting the service through ANDORRA TELECOM implies payment through the systems enabled on the purchase page, such as a bank card.
By default, a receipt will be generated and sent to the Customer at the email address provided at the time of purchase, containing the following information:
Only if the Customer requests a full invoice after the sale will they be asked for the rest of the necessary information that has not been obtained previously:
All rates on the Website are prepaid and prices include any indirect taxes, unless otherwise specified.
The term "indirect taxes" in this clause refers to any sales tax, general indirect tax and any other similar tax or duty that may be applicable at the time of sale of the data plan associated with a SIM card.
Andorra Telecom reserves the right to limit the number of plans per purchase if it deems it necessary.
The User undertakes to make proper use of the SIM card, complying with both the conditions of this document and the applicable regulations. In particular, the User must:
The User acknowledges that any credit, discount or promotion related to the Service (hereinafter, the "Promotions") must be used legitimately. Any use that undermines transparency, fairness or integrity, such as the creation of false accounts or fictitious identities for the purpose of obtaining undue advantages or rewards, is not permitted.
ANDORRA TELECOM may, at its discretion and without assuming any liability towards the User, delete the User's account within the Application and restrict future access to the Service or any available Promotion.
These General Terms and Conditions supplement, and in no case replace, the legal rights of consumers under current legislation.
ANDORRA TELECOM makes no specific warranties or express representations regarding the SIM card or the Service. All warranties or conditions, whether express or implied, whether by statute, common law or otherwise, are excluded to the extent permitted by applicable law. To the extent permitted by law, we exclude all liability (whether contractual, for negligence or otherwise) for any loss or damage you may suffer in connection with your use of the Service, including the SIM card or any data plan. Notwithstanding the foregoing, ANDORRA TELECOM's liability under or in connection with this Agreement, whether arising from contract, negligence or otherwise, shall in no event exceed the sum of the charges payable by the User to ANDORRA TELECOM under the data plan for the 12 months prior to the date on which the event giving rise to such liability occurred, or €100, whichever is greater.
ANDORRA TELECOM shall in no event be liable for any surcharges, additional costs or expenses arising from roaming services applied by other telecommunications operators. This exclusion of liability applies regardless of the cause of the charge, whether due to the configuration or use of the User's device, the automatic connection of third-party MSISDNs to our network or to other networks, or any other circumstance beyond the direct control of Andorra Telecom.
The purpose of this return and refund policy is to guarantee transparency and customer satisfaction, ensuring the swift and clear management of any incident related to the purchase or use of the Service.
The User has a period of thirty (30) calendar days to withdraw from the purchase without having to justify their reason, provided that the eSIM or physical SIM has not been activated or used.
The User shall be entitled to a full refund of the amount paid when the following conditions are met simultaneously:
Exceptionally, a refund may also be requested in the following cases:
In either of the above cases, the Customer must provide documentary evidence of the error.
To exercise the right of withdrawal or request a refund, the User must contact ANDORRA TELECOM using the form available on the Website www.esimandorra.ad, providing the necessary information to identify the purchase. Once the request has been verified, ANDORRA TELECOM will process the corresponding refund within a reasonable period of time, using the same payment method used in the initial transaction (via RedSys).
To initiate a refund request, the Customer must:
Andorra Telecom reserves the right to verify the information and request additional data before making the refund.
If the SIM card does not work for technical reasons not attributable to the Customer, the Customer, during the period of use or validity of the product, in order to report the incident and facilitate its management, must contact (i) Andorra Telecom Customer Service, on +376 301 115, or (ii) ANDORRA TELECOM using the form available on the Website www.esimandorra.ad, providing the necessary information to identify the purchase.
The technical service may require the submission of evidence or proof of the incident (such as screenshots, error messages, configuration checks or other supporting documentation).
If, after analysing the case, it is confirmed that the incident is attributable to Andorra Telecom or the service provider, Andorra Telecom may proceed, as appropriate, to a full or partial refund of the amount, depending on the consumption made and the nature of the incident.
No refund or compensation will be processed if the claim is submitted after the trip has ended or outside the SIM's validity period, without prior notification of the incident during its validity period.
To initiate a refund request, the Customer must:
Andorra Telecom reserves the right to verify the information and request additional data before making the refund.
Unless expressly stated otherwise, the SIM card is the property of ANDORRA TELECOM. All elements related to the service, including but not limited to the source code, databases, functionality, software, website and application designs, as well as the multimedia content (audio, video, text, images and graphics) of the website and application— (hereinafter, collectively, the "Content") are owned or controlled by ANDORRA TELECOM, and none of the exploitation rights recognised by current intellectual property legislation may be understood to have been transferred to the User, except those that are strictly necessary for the use of the Website and the Application.
Likewise, the trademarks, service marks and logos included on the Website and in the Application (hereinafter, the "Trademarks") are owned by ANDORRA TELECOM or are under licence. Both the Content and the Trademarks are protected by copyright laws, registered trademarks and other intellectual property regulations, both national and international.
The User may not copy, reproduce, combine, republish, upload, share, publicly display, encode, translate, transmit, distribute, sell, licence or use, in whole or in part, any element of the SIM, the Application, the Content or the Marks for commercial or other purposes, unless ANDORRA TELECOM has expressly authorised its use in advance and in writing.
ANDORRA TELECOM takes the necessary technical and organisational measures to ensure the protection of personal data and to prevent its alteration, loss, unauthorised processing and/or access, taking into account the state of the art, the nature of the data stored and the risks to which it is exposed, all in accordance with the provisions of Andorran regulations on the protection of personal data.
Users may provide ANDORRA TELECOM with their personal data through the various forms that appear on the Website for this purpose. These forms include a legal text on personal data protection that complies with the requirements established in the European Data Protection Regulation.
Likewise, ANDORRA TELECOM may obtain personal data originating from your browsing and/or use of the Website and Application, in accordance with our Privacy Policy.
ANDORRA TELECOM may also obtain personal data if the Customer requests a full invoice after purchase. The collection of such data will be governed by our Privacy Policy.
Please read the legal texts carefully, in particular our Privacy Policy, before providing your personal data.
The Customer shall be liable to ANDORRA TELECOM for any actual and proven damages, including damage to reputation, arising from the breach (whether due to fault or negligence) of their obligations under the current contract or from the infringement of applicable regulations, when this favours, results in, contributes to or in any other way aids the commission of fraudulent acts against ANDORRA TELECOM and/or any third party. To this end, the Customer shall refrain from any action (by act or omission) on their line or by other means that involves a use not contemplated in this contract of this line and the related services provided by ANDORRA TELECOM. ANDORRA TELECOM may immediately suspend the service if it confirms any serious breach of this obligation by the Customer.
Without prejudice to any other legal action provided for by current legislation, complaints relating to the operation of the services, rates, billing, quality or any other aspect related to the provision of the service may be addressed using the form available on the Website www.esimandorra.ad.
These claims must be submitted within a maximum period of one month from the moment the Customer becomes aware of the fact or cause giving rise to them, except in cases where the law establishes different time limits.
Upon submission, the Customer will receive a reference number that will allow them to track the complaint and, if they wish, request a document certifying its submission and content.
Persons under the age of sixteen (16) are not permitted to contract the eSIM or physical SIM Service.
In the event of any conflict or discrepancy in the interpretation or application of these General Terms and Conditions, Andorran law shall apply and the courts and tribunals of the Principality of Andorra shall have jurisdiction in the matter.
By using the service and signing the personal data communication document for the registration of the prepaid mobile phone service, the Customer expressly accepts the content of these specific conditions.
The General Terms and Conditions may be modified at any time and it is the Customer's responsibility to review them periodically, as well as each time they contract products and/or services. The General Terms and Conditions in force at the time of use of the website or subscription to the contract shall be those applicable to it.
The official version of the General Terms and Conditions is the one written in Catalan, which shall prevail in case of conflict or inconsistency with the translated versions.