TERMS AND CONDITIONS OF DIALOG EOOD FOR PURCHASE AND USE OF PRE-PAID SIM CARDS - SIMpatik
This Agreement sets forth the terms and conditions (these “Terms”, the “Agreement”) between DIALOG EOOD (the “Company”, “DIALOG EOOD”), a Company incorporated in EU, under Company registration number 175169798, address Sofia, 38-40 Viktor Grigorovich str., company number: 203081385, and the Users (the “Users”, the “Buyers”) and Distributors (the “Distributors”) of the products and services provided by the Company.
The language of these Terms is English; however they are also available in Bulgarian. The Terms are available at http://www.simpatik.bg/en_US/info/terms and can be accessed at any time.
The Company includes on its website interface the technical means for identifying and correcting input errors, before the statement for conclusion of the contract has been made.
The following bodies exercise control over Company`s activities:
Personal Data Protection Commission
Address: Sofia, 15 Ivan Evstatiev Geshov str.
Phone number: + 359 2 915 35 18
Fax: + 359 2 915 35 25
Consumer Protection Commission
Address: Sofia 1000, 4a Slaveykov sq. fl. 3, 4 and 6
Phone number: 02 / 980 25 24
Fax: 02 / 988 42 18, Hotline: 0700 111 22
- Personal Data Protection Commission
- DIALOG EOOD offers mobile phone SIM cards on the market with the commercial product name SIMpatik. The SIM cards provide the Users with a wide range of international internet services, as supplied by the respective mobile operators and according to the functionality of the particular handset. The purchasing of a SIMpatik SIM card does not engage the Buyer into a binding subscription agreement with a specific authorized internet phone services provider, or into payment of additional monthly fees to that agreement. SIMpatik provides the Buyer with the use of internet phone services up to the limit of the pre-paid credit and its exhaustion in accordance with the rates announced by the Company, which could be toped up repeatedly and indefinitely through an advance payment of the desired service credit. The rates of the internet phones services used with the SIMpatik SIM cards are drafted, updated and announced by the Company on a daily basis and published on its website www.simpatik.bg (the “Website”) in accordance with the tariffs of its roaming partners. Upon running out of credit, the respective SIM card shall cease to be active. The Buyer may receive incoming calls only within territories where the Company has announced such option and provided that the balance of the respective card is EUR 0.10 or more. Where the User`s balance reaches EUR 5.00 or less, the “Data Transfer” service shall not be available.
- Buyers of SIMpatik SIM card with positive airtime balance are enabled by the Company to conduct outgoing phone calls directly through the Website in accordance with the dedicated online platform and protocols, without the need to use the physical purchased SIM card in a mobile handset.
- Together with each purchased SIMpatik card, the User receives one individual virtual phone number for temporary use that is distributed with delegated rights by DIALOG EOOD. The User is considered the sole and exclusive user with respect to the virtual number until the SIM card or the number are deactivated, suspended or in some other way invalidated. The virtual number is registered in the UK. Each user can freely receive and Bulgarian fixed number whose support is charged at the rate, made public on this web site. In the absence of a prepaid limit for more than 10 days from which to deduct maintenance fee of Bulgarian number, the same is close., When there are two numbers the User may freely decide which one to use for each outgoing call. The virtual numbers are non-transferable (portability) to any mobile operator. The SIMpatik SIM card is valid for 12 months following its last use . If the card has not been used ( for outbound calls or sms) for 12 months (365 consecutive days) it will be deactivated. In the above case, the User loses and is no more entitled to the pre-paid credit together with the virtual numbers. Users who have purchased SIMpatik SIM cards before coming into force of the changes in these Terms (before 27.09.2013), may obtain a Bulgarian fixed number after a SIMpatik card recharge with a voucher of 10 (ten) or more EUR.
- In order to service its customers, the Company has created and currently maintains the www.simpatik.bg website (the “Website”) where Users can check the applicable rates of the SIMpatik SIM card, as well as the internet phone services, including the conditions for their use, purchasing, delivery, payment and servicing, and also to access detailed instructions for activation and use, the worldwide territories where the SIMpatik SIM card may be used, as well as all other auxiliary, legal or advertising information. DIALOG EOOD reserves the right to suspend, limit or modify any part of the Website, to impose limitations on certain Website functionalities or to limit the access to the entire Website or Website sections on its own discretion and for any reason whatsoever of commercial, technical or security nature and for the purpose of corporate and/or Users` interests protection, as well as due to any reasons and requirements of the applicable legislation.
The products of the Company may be purchased online at the Website. Upon submission of an order, the User registers as a Buyer and agrees to be bound by these Terms, as well as by all other conditions for sale and service of the SIMpatik SIM cards posted on the Website and other available services. For each registration and purchase, the Buyer must submit all necessary information to enable the individualization and identification of the Buyer, as well as any other information needed by the Company to establish and perform the trade. By registering on the Website, the User explicitly agrees to have their personal data collected and processed by the Company and they declare the accuracy and truthfulness of the provided information and shall be fully liable for providing false/incorrect personal data. Information collected by the Company includes name, e-mail address, telephone number and delivery address. In case the buyer chooses to pay through one of the online payment methods available on the Website, he is redirected to an encrypted page of the respective payment processor to enter his financial data, where information is confirmed without being stored. DIALOG EOOD does not collect and store any sensitive financial information provided during the purchase.
The User also declares that they have been informed about the type of personal data collected and processed by the Company and about the purposes it will be used for, as well as about their rights to access, correct, amend or delete their personal data. The Company may use Buyer`s private data to provide the ability to create their account, to process their requests, to communicate with them about the services they requested, to offer them additional services and events, to bill them, to provide them with service support, and generally to meet contract obligations. The Company may use users` information to create aggregated statistical information which is anonymous, as well as to perform statistical analysis.
- Any individual requesting a product or service from the Company must be 18 or older, or must have an equivalent adult status and must not possess restricted or revoked legal capacity. By the User registration or order of any product or services, the above conditioned are considered fulfilled and confirmed by the User. The SIMpatik SIM card may be purchased from Distributors authorized by the Company and in such case the Buyer shall be bound by these Terms published on the Website and also available in paper form within the SIMpatik starter pack.
- DIALOG EOOD shall not be liable to any third parties, or to the Users of a SIMpatik SIM card for any abuse, fraud, other crimes or the promising of any actions by the Company or their suppliers regardless of the location of purchase of the card. Each use of a SIMpatik SIM card represents the User`s acknowledgment and acceptance of these Terms. The Company shall not be liable for false data submitted by the Users and upon determining of any such case, the Company may refuse the acceptance and performance of a certain order.
All products, content, materials, pictures, software, logos, names or specific texts published on the Website and used for Company activity are legally protected by intellectual property rights and the applicable laws. Any use, copy, reproduction, public presentation, modification, distribution, broadcasting and publishing without the explicit consent of the Company or the authorized parties is strictly forbidden. Except as expressly authorized by the Company, the access and use of the Website protected areas and data, passwords and others is prohibited and is only allowed to authorized Users. Nobody has the right to interrupt the functioning of the services offered by the Company, including any additional services accompanying Company`s trade from other suppliers.
The following are also strictly forbidden:
- any attempts and/or successful interventions and disruptions of the functioning of the Website or related networks, or any breach of the regulations, policies and procedures of such networks;
- unauthorized access to the Website and to the services, as well as to any related accounts, systems and/or networks, including the supporting computer systems and networks;
- publication on and provisioning through the Website of false information or any other information that may harm DIALOG EOOD or any third party;
- use of the Website and/or the products or services provided by the Company in a way that could hinder and interfere with their use of other persons; or use with the purpose to obtain undue profits to the detriment of the Company or any third party;
use of the Website, the products and/or the services of the Company in a way that shall constitute crime, administrative offence, civil tort or any breach of law regardless of the occurrence of damages.
Any violation shall be penalized according to the applicable laws as the Company fully cooperates with the state authorities to identify the wrongdoers, including by providing all relevant data available at its disposal. Upon each of the above violations committed by any User, among anything else, the Company reserves the right to discontinue servicing the infringer and to suspend or disconnect the SIM and virtual numbers used by the infringer, without any liability to the Users and without being obliged to refund or compensate the Users of the pre-paid services.
- The Website may contain links to and may allow the Users to visit other websites. If the Users choose to visit third party websites by “clicking on” another third party link or navigating to a third party website that are not serviced or administered by the Company, the Company shall not be responsible for the private exchange of information between the User and such third party websites and the Company shall not be liable for any damages, losses, offenses and inconveniences that may arise or have arisen as a result of the User`s visit and use of such third party websites and/or in connection with any information the User has provided to third party websites.
- DIALOG EOOD shall not be liable for the type, quality and level of services provided by the local and foreign mobile operators chosen and used by the User of SIMpatik SIM card and the associated virtual numbers. DIALOG EOOD shall not be liable for the use of mobile handset by the Buyer that has been blocked or coded by the mobile connection operator which prevents the usage of the SIMpatik SIM card within the specific handset.*
- The Buyer shall be solely responsible for protecting the confidentiality of the PIN and PUK codes provided with the SIM and shall not disclose them to anyone. The Buyer shall be liable for the content of all information and communication transmitted through the internet connection established through the SIMpatik SIM card, as well as for all information and communication exchanged between the User and the Company that is related to the servicing of the User and shall be responsible for its authenticity, credibility, confidentiality and shall limit the access of third parties to it, including to restrict any third party use of the product and services purchased by the User.
- The User shall immediately notify the Company in case of loss or theft of the purchased SIMpatik chip card, an authorized third party access to the SIM card or to the PIN or PUK codes, as well as in case of any unauthorized third party access to the services provided to User or to the User communication with the Company. DIALOG EOOD cannot be held liable for any damages arising out of the User`s failure to comply with the above requirements. In such cases, the Company shall not be obliged to refund the remaining pre-paid credit; however it may transfer, upon request of the User, the remaining of the credit to another SIMpatik SIM card. The remaining of the credit is determined at time of notification of the Company at +359 2 400 1001 or at e-mail email@example.com.
- This Agreement sets forth the terms and conditions (these “Terms”, the “Agreement”) between DIALOG EOOD (the “Company”, “DIALOG EOOD”), a Company incorporated in EU, under Company registration number 175169798, address Sofia, 38-40 Viktor Grigorovich str., company number: 203081385, and the Users (the “Users”, the “Buyers”) and Distributors (the “Distributors”) of the products and services provided by the Company.
- The SIMpatik SIM cards are credited with pre-paid starter balance for internet phone services as per the rates announced on the Website, which may be toped up upon payment of an additional amount for the available internet service packs along with the initial purchase of the SIM card or afterwards.
- The User may purchase a SIMpatik SIM card and may pre-pay the credit for the use of internet phone services to Distributors or online upon registration on the Website and submission of an online order in accordance with the established Website rules and procedures and following the instructions published by the Company. By submitting the order, the user agrees to receive company’s weekly newsletter and/or other promotional materials at the provided email address. The products and services may be purchased every day of the week. Upon each purchase order, the User must pay the price of the SIM card and/or the selected pre-paid internet phone services pack.
- Upon submission of an initial SIM card order, the Buyer shall receive an individual order registration and number and declare their acknowledgment and acceptance of these Terms and engage to comply with these Terms strictly and conscientiously. DIALOG EOOD is a registered personal data controller according to the Personal Data Protection Act and collects, stores and processes Users` personal data in full compliance with the above Act.
The Company reserves the right to refuse the order in the following cases:
- product unavailability (out of stock);
- order invalidity;
- failure to comply with these Terms;
- non-payment by the User.
Each order made to the Company shall be considered an offer as the contract between the User of the service and the Company shall be deemed concluded upon the occurrence of the following two cumulative conditions: approval of the order and receipt of the due payment transferred by the User, and for subsequent top ups or an already purchased SIMpatik SIM card – at the time of completion of the payment of the pre-paid service. The receipt of an automated confirmation for a registered order shall not create formal contractual relationship between the parties. An order is considered approved after the Company ships the purchased SIMpatik SIM card or enables the service – depending on whichever has occurred earlier.
- After an order has been received and processed, the Company shall send to the e-mail address provided by the User the assigned order number and instructions for activating the SIM card.
PRICES AND PAYMENT METHODS
- The prices of the products provided by the Company in the territory of Bulgaria published on the Website are announced in Euro (EUR) and billed in their equivalent in Bulgarian Lev (BGN). Deliveries outside of Bulgaria are only billed in EUR. Call rates and prices displayed on the Website are valid and applicable at any given time.
- The price of the SIMpatik SIM card includes the physical device (chip card) and pre-paid initial credit for use of internet phone services. The price does not include the shipping costs of the purchased product, which are additionally charged according to applicable shipping fees displayed on the Website. Any double submitted order due to Buyer`s fault shall be at the expense of the Buyer.
- For each delivery to a territory outside the EU or the EEA, the Buyer is considered an importer and shall be responsible for the direct payment of the delivery, including the payment of customs duties and taxes.
All rates and prices are announced on the Website (except the charges mentioned in the previous section) and are subject to daily update. The current announced prices are considered an offer and upon submission of an order, the Buyer is deemed to have accepted the offer.
Particularities may arise in pricing, due to different price formation policies of individual fixed operators outside EU. Further information on that matter is available on the Website, section Instructions for use - making calls, also in Roaming Calculator.
- Any order of a SIMpatik SIM card or any request of a pre-paid credit for internet services that is below the minimum prices announced on the Website, are considered invalid and shall not be further processed. In this case, the payment made by the Buyer for the invalid order may be returned to the Buyer upon a request by the Buyer and after all costs of the Company, attributable to the invalid order, have been deducted from the specific payment.
The User is able to pay for the ordered products and services using any of the following payment methods:
- By cash on delivery (C.O.D) upon receipt of the goods;
- Via a bank wire transfer to the bank account of the Company;
- By debit card or credit card payment, including by using the online payment systems provided by the Company.
The Company shall publish on the Website detailed and current information on each due payment and the manner of its execution.
- Payments of ordered products and services are due and must be transferred to the Company prior to the execution of the order, except where cash on delivery payment method has been selected. Except for the C.O.D payment method, any order of a product or service shall be executed upon receipt of the due payment.
SHIPPING AND DELIVERY
- The shipment and delivery of paid SIMpatik SIM cards, as well as other Company products shall be made by authorized delivery services under the terms and conditions published on the Website.
- Upon submitting an order, the Buyer shall provide an existing and correct delivery address, a phone number and a contact person and shall perform properly all delivery acceptance duties and obligations as listed on the Website. The Company shall not be responsible for any delivery delay or failure to deliver in the event of improper dealing of the Buyer or where the Buyer has not complied with the delivery acceptance and other obligations set upon each Buyer and published on the Website.
- Any valid order completed and submitted on a business day (Monday to Friday) until 16:00 (4 pm) can be delivered within Bulgaria on the next business day, at the earliest. An order submitted after 16:00 (4 pm) on a business day or on a weekend or public holiday shall be delivered the earliest on the second business day following the order submission day within the territory of Bulgaria. Orders with delivery address outside EU shall be delivered within the shipment and delivery terms published on the Website.
ORDER CANCELLATION, REPLACEMENT OF DAMAGED OR MISSING SIMPATIK CHIP CARDS.
- The Buyer may cancel an order before the shipment of the card by contacting the Company Customer Service and explicitly requesting the above cancellation.
- Where the SIMpatik SIM card has been purchased by the means of distant selling (online), the Buyer shall have the right to withdraw from the distance contract without compensation or penalty and without giving any reason within a period of seven working days, reckoned from the date of delivery of the SIM card provided that it is still unused. In the above case, the Buyer must return the card to the Company in its original packaging. Any SIMpatik SIM card damaged during use, lost or stolen may be replaced with a new chip card and the Buyer must pay 5.11 EUR. In such cases, the User may use their unused remaining pre-paid credit for internet services upon contacting the Company Customer Services in order to arrange the calling credit transfer.
- A new SIMpatik chip card that turns to be defective shall be replaced by the Company at its own expense where within 2 (two) months of its initial delivery the Buyer notifies Customer Service of the Company about the defectiveness. A card shall be considered defective where it cannot fulfill its purpose due to fabric defect or faulty workmanship. To be replaced, the defective card must be returned to the Company in its original packaging, including all supporting documentation contained in the original packaging.
- The return of the SIMpatik SIM card shall be made at the expense of the Buyer and must be returned to the following address: Sofia 1712, 78-80Aleksandar Malinov blvd., office: SIMpatik or to the address of the Distributor who performed the initial sale. Returning the SIMpatik card together with a “return form” (part of the General Terms included in the starter pack) filled in by the Buyer, is highly recommended. Where a refund is due to the Buyer, the amount shall be refunded by the Company within 30 days after the receipt of the SIMpatik SIM card or the cancellation of the order according to section 1 above. The amounts are refunded using the same payment method initially used by the User or to a bank account indicated by the Buyer.
- A hard copy of these Terms is provided to Users and Distributors within the starter pack containing the SIM card.
- The Company may at its sole discretion amend, modify or update fully or partially the Terms published on the Website. Browsing the Website or otherwise using it, as well as using the products and services after the date on which the Terms have been modified or updated, shall indicate User`s agreement to be bound by the new Terms. The applicable and valid Terms at any given time shall be those published on the Website.
- All relations between the Company and the Users of the Company products and services are governed by these Terms, the guidelines and the newsletter of the Company published on the Website, as well as by the applicable Bulgarian laws. Any dispute that may arise in relation to these Terms that cannot be settled amicably shall fall under the jurisdiction of Regional Court Sofia and shall be decided by that court. Each User bears contractual and non-contractual (tort) liability for any damages caused to the Company as a result of their adverse actions or actions that are found to be in violation of these Terms. Until the conclusion of the agreement (these Terms), the User`s liability for damages caused by them shall be realized according to the rules of pre-contractual liability.
- For any conflict or discrepancy between any of the clauses of these Terms and the imperative provisions of the Bulgarian legislation, the latter shall prevail.
- If a provision of this Agreement is or becomes illegal, invalid or unenforceable in any jurisdiction, that shall not affect: the validity or enforceability in that jurisdiction of any other provision of this Agreement; or the validity or enforceability in other jurisdictions of that or any other provision of this Agreement.
Users may contact the Company through the Website, or by calling +359 2 400 1001 during business hours. Any stolen or lost SIM cards may be reported at +359 2 400 1001.
* Sim cards with prefix of the British number 447978XXXXXX and 447872ХХХХХХ do not support service in the Italian Republic. If customer wants to use SIMpatik service in Italian Republic, he should first assure, if the sim card support service in Italian Republic.