General Terms and Conditions (AGB)

1 Scope of application and provider
‍Deliveries
and services by Combastic e.U. (TURISIM for short) are provided exclusively on the basis of the following General Terms and Conditions (GTC) in the version valid at the time of the order. Deviating provisions shall only become effective if they have been agreed in writing. The customer can view, download and print out the current version of the GTC on the TURISIM website.

(2) Our deliveries, services and offers are made exclusively on the basis of these General Terms and Conditions. The inclusion of general terms and conditions of a contractual partner that contradict these General Terms and Conditions is hereby rejected.

‍§2 Contractual relationship

The contractual partners are the customer and Combastic e.U.
Pfluggasse 3 / Top 1
1090 Vienna, Austria.
The contract, order and business language is German.

Information in our price lists, advertisements, advertising material and Internet pages is always subject to change. We expressly reserve the right to make changes to the information contained therein at any time. Settlement is made exclusively in euros.

Orders placed by the customer shall only be deemed to be an offer to conclude a contract. Orders placed via our Internet pages are deemed to have been refunded at the time of receipt of the electronic order message. TURISIM can accept an offer within 7 working days of receipt. Order confirmations are sent by e-mail.

‍§3 Prices and payment
(1) Payment of the purchase price shall be made exclusively via the payment methods available on our website (www.turisim.de).

‍§4 Offsetting and right of retention
‍(
1) The customer shall only be entitled to offset if his claims have been legally established or are undisputed.
(2) The customer may only exercise a right of retention if the counterclaim is based on the same contractual relationship.

‍§5 Delivery and retention of title
‍(
1) The ordered goods remain our property until the purchase price has been paid in full.

‍§6 Liability and exclusion of liability
except to the extent that our liability cannot be excluded or limited under the law, torisim, other members of the company or its licensors, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS SHALL IN NO EVENT BE LIABLE FOR DAMAGES OF ANY KIND, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE WEBSITE OR ANY RELATED WEBSITES, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, OR ANY SERVICES OR GOODS, which are obtained through the site or such other sites, including any direct, indirect, special, incidental, consequential or punitive damages, including personal injury, pain and suffering, emotional distress, loss of revenue, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND REGARDLESS THEREOF, whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable. You agree to indemnify, defend and hold harmless TURISIM and its parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees from and against any damages, losses, costs and expenses arising out of or in connection with your breach of these Terms and Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third party, including, but not limited to, if such damage, loss, costs or expenses are asserted in connection with a claim or demand, including reasonable attorneys’ fees, by a third party.General The failure of us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. These Terms and Conditions and any policies or operating rules posted by us on this website constitute the entire agreement and understanding between you and us and govern your purchase of goods and your interaction with TURKSIM. They supersede all prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms and Conditions).Any ambiguity in the interpretation of these terms and conditions shall not be construed against the drafter.In the event that any provision of these Terms and Conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permissible pursuant to applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions, such determination shall not affect the validity and enforceability of any remaining provisions.

‍§7 Warranty for defects
‍The
statutory warranty for defects shall apply, subject to the limitation of liability for claims for damages in accordance with § 6 of these GTC (“Liability”).

‍§8 Revocation & refund
‍You
have the right to revoke this contract within fourteen days without giving reasons. The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the goods. To exercise your right of withdrawal, you must contact us:

Combastic e.U.
Pfluggasse 3 / Top 1
1090 Vienna, Austria

of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period has expired.

Sample withdrawal form

An Combastic e.U., Pfluggasse 3 / Top 1, 1090 Vienna, Austria, e-mail address: widerruf@turisim.de:

I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)

Ordered on (*)/received on (*)

Name of the consumer(s)

Address of the consumer(s)

Signature of the consumer(s) (only for notification on paper)

Date

(*) Delete as appropriate.

Optional information

Order number

E-mail address of the order

When a revocation or refund is excluded
As soon as you have purchased your eSIM, you will receive a confirmation e-mail with a QR code. Please note that this is a digital product. Once it has been sent by TURISIM by e-mail, its use can no longer be prevented or checked. It is therefore not possible to return or refund the purchase of the eSIM unless there is a special case. In the event of a connection problem caused by a problem on the part of TURISIM or the mobile phone provider, we will first try to solve the problem via e-mail. If the problem remains unresolved, we will refund you the number of days the service was down, minus the days the service worked. However, there are also cases in which no refund is possible. For example, if you have entered an incorrect e-mail address when purchasing, we can send the eSIM to an alternative address,  , but cannot guarantee that the unauthorized recipient has not already used it. If your device is not compatible with the eSIM, we will also not be able to issue a refund. You will find a list of compatible devices on our website and our support team is available to answer your questions. If you change your mind after purchase and no longer need the eSIM, we will also not be able to issue a refund as we cannot check its use after the e-mail has been sent. Please note that this is not an exhaustive list and that TURISIM cannot provide refunds in other cases either.

‍Consequencesof withdrawal
‍If
you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment. We may refuse to refund you until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earliest. You must return or hand over the goods to us immediately and in any case within fourteen days at the latest from the day on which you inform us of the revocation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired. You bear the direct costs of returning the goods. You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking their condition, properties and functionality.

‍§9 Final provisions
‍Austrian
law shall apply exclusively to contracts between us and the Buyer, excluding the provisions of the “United Nations Convention on Contracts for the International Sale of Goods” (CISG – UN Sales Convention).