§ 1 Provider / Scope of application

(1) Thank you for using our online service. Please read our General Terms and Conditions (“GTC”, or “T&C”) carefully, as they govern the contractual relationship between you as a customer (hereinafter referred to as "you", "you", "customer") and us, barely digital GmbH & Co KG, Konrad-Adenauer-Straße 8, 86836 Klosterlechfeld, Germany, registered in the commercial register at Augsburg Local Court, registration number HRA 19597, (hereinafter referred to as "we", "us", "heyroamio").

(2) From time to time it may be necessary for us to amend our T&Cs due to changes in legal requirements. For this reason, we will ask you to read through and accept the T&Cs carefully before each individual use of our online services. The T&Cs currently valid at the time of use therefore apply to the use of our online services.

(3) These GTC are aimed exclusively at customers who are consumers. You are a consumer if you are a natural person who enters into a legal transaction for purposes that are predominantly outside your trade, business or profession.

(4) Our offers are subject to change and non-binding. We reserve the right to change or discontinue offers.

(5) Deviating general terms and conditions of you do not apply. Even if we do not expressly object to your General Terms and Conditions, they shall not apply.

§ 2 Services provided by heyroamio / Contract with our Partners

(1) Our website is an online platform through which you as a user can purchase and manage embedded SIM cards ("eSIM") with corresponding data tariffs from our partners.

(2) heyroamio itself is not a mobile phone provider and does not offer eSIM cards, data tariffs or any other mobile phone services. heyroamioonly operates the online portal through which you can purchase eSIM cards from our partners and through which you can manage the eSIM cards purchased from our partners. Your contractual partner and service provider for the provision of all eSIM cards, data tariffs or other mobile services depends on your place of residence:

• If you live in Australia, your contractual partner is: TP Operations Australia Pty Ltd, a company registered in Australia, with company registration number 13156361867, 616 Harris St, Ultimo NSW 2007, Australia.

• If you live in France, your contractual partner is: 1GLOBAL Operations (France) SARL, a limited liability company registered in France under number 837 560 275, having its registered office at 29 RUE DU PONT 92200 NEUILLY-SUR-SEINE, VAT number FR15837560275.

• If you live in Germany, your contractual partner is: 1GLOBAL Operations (Germany) GmbH, having its registered office at Mergenthalerallee 79-81, 65760 Eschborn, commercial register number HRB 115453.

• If you are a resident of Japan, your contractual partner is: TP Hong Kong Operations Limited - Japan Branch, registered in Japan and with registered address at Nihonbashi 3 Chome Square 11F, 3-9-1 Nihonbashi, Chuo-ku, Tokyo.

• If you live in Poland, your contractual partner is: TP Poland Operations Sp. z o.o. having its registered office in Warsaw, Al. Jerozolimskie 123 A, 02-017 WARSAW, KRS: 0000286943, REGON: 220473892, NIP 5851435278.

• If you live in Singapore, your contractual partner is: TRU APAC OPERATIONS PTE. LTD., a company registered in Singapore, having its registered office at 80 ROBINSON ROAD, #02-00, SINGAPORE, 068898, registration number 201011240W.

• If you live in Spain, your contractual partner is: 1GLOBAL Ops (Spain) S.L., having its registered office at Calle María Tubau, 3, 1ª Planta 28050, Madrid, CIF B85923829.

• If you live in the United Kingdom, your contractual partner is: TP Global Operations Limited, registered in England and Wales, at 109 Farringdon Road, London, EC1R 3BW, United Kingdom, VAT No. GB 418425009, Company Registration Number 14109189.

• If you reside in the United States of America, your contractual partner is: 1GLOBAL OPERATIONS (US) INC, a company registered in the United States of America, with its registered address at 4819 Emperor Blvd, Suite 400 Durham, NC 27703

• If you do not reside in any of the above-mentioned countries, your contractual partner is: 1GLOBAL Operations (Netherlands) B.V., a company registered in the Netherlands, having its registered office at Proostwetering 41, 3543 AC, Utrecht, registration number 52715469, VAT number NL850565558B01.

All subsequent references to 1GLOBAL in these General Terms and Conditions are to be understood as referring to your respective contractual partner for your country.

(3) If necessary, we take over the order and payment processing for 1GLOBAL as an authorized recipient of payments under the conditions stated in § 7.

§ 3 Prices and remuneration

(1)    Use of the heyroamio online platform is free of charge for you.

(2)    If you use our online platform to conclude a contract with 1GLOBAL for an eSIM card, a data tariff or other mobile services, only 1GLOBAL is entitled to the remuneration specified in the order process.

§ 4 Terms of payment

(1)    All prices stated on our platform are in euros. All prices and fees are gross prices including the applicable statutory VAT and other price components.

(2)    Our partners who offer their services via our platform send invoices and payment reminders to you electronically. These documents are basically equivalent to paper documents.

§ 5 Formation of the contracts

(1)    If you order an eSIM card and/or a data plan via our online platform, two different contractual relationships are created:

1. a contractual relationship is established between you as a customer and heyroamio for the use of the online platform on the basis of these General Terms and Conditions.

2. a contractual relationship is established between you as a customer and 1GLOBAL for the provision of an eSIM card, the provision of data tariffs or other mobile services on the basis of 1GLOBAL's General Terms and Conditions, which you can view at the following link: https://www.1global.com/legal/electronic-sim-e-sim-terms-and-conditions

(2)  The tariffs shown on our website do not constitute a binding offer, but invite you to submit an offer to conclude a contract yourself.

First select your desired tariff and then click on the "Select tariff" button. You will then be redirected to the payment service provider's website for payment processing. By completing the payment process, you submit a binding offer to conclude the contractual relationships described in more detail under paragraph (1).

After successful payment, you will receive an automatic order confirmation by e-mail. However, this order confirmation is not yet an acceptance of your offer, but merely informs you that your order has been received.

We act as a final representative for 1GLOBAL, i.e. we declare acceptance of the contract with 1GLOBAL and us in the name of and on behalf of 1GLOBAL by sending you the eSIM - for example as a QR code or eSIM profile - by email. This sending represents the acceptance of your contract offer.

§ 6 Right of withdrawal for your contract with 1GLOBAL

Cancellation policy

You have the right to withdraw from the contract concluded with 1GLOBAL within fourteen days without giving any reason. The withdrawal period is fourteen days from the date of conclusion of the contract. To exercise your right of withdrawal, you must:

1GLOBAL
c/o barely digital GmbH & Co. KG
Konrad-Adenauer-Strasse 8
86836 Klosterlechfeld
Germany
Mail: service@heyroamio.com

Phone: 08232 / 76 899 76 40
Fax: 08232 / 76 899 79 99

of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You can use the attached sample withdrawal form, but this is not mandatory. 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.

Consequences of revocation

If you withdraw from the contract concluded with 1GLOBAL, 1GLOBAL shall reimburse to you all payments received from you by 1GLOBAL without undue delay and in any event not later than 14 days from the day on which 1GLOBAL is informed about your decision to withdraw from this contract. For this repayment, 1GLOBAL will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will 1GLOBAL charge you any fees for this repayment. If you have requested that the services should commence during the withdrawal period, you shall pay 1GLOBAL a reasonable amount corresponding to the proportion of the services already provided by the time you inform 1GLOBAL of the exercise of the right of withdrawal with regard to this contract compared to the total scope of the services provided for in the contract.

Premature expiry of the right of withdrawal

In the case of services, the right of withdrawal expires if the service has been provided in full and you have given your prior consent to the commencement of the service before the expiry of the withdrawal period.

If you revoke the contract before complete fulfillment, i.e. if the right has not yet expired, you owe 1GLOBAL compensation for the partial services provided by 1GLOBAL up to the time of revocation if you have expressly requested 1GLOBAL to start performing the service before the expiry of the revocation period and you have also been correctly informed about the right of revocation and the right to compensation.

Sample withdrawal form

(If you wish to withdraw from the contract, please fill out this form and send it back to us).

To

1GLOBAL
c/o barely digital GmbH & Co. KG
Konrad-Adenauer-Straße 8
86836 Klosterlechfeld
Germany
Mail: service@heyroamio.com
Fax: 08232 / 76 899 79 99

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

§ 7 Right of withdrawal for your contract with heyroamio

You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the date of conclusion of the contract. To exercise the right to cancel, you must inform us (barely digital GmbH & Co. KG, Konrad-Adenauer-Str. 8, 86836 Klosterlechfeld, Deutschland, Mail: service@heyroamio.com, Phone: +49 8232 / 76 899 76 - 40, Fax: +49 8232 / 76 899 76 - 99) of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or e-mail). You can use the attached sample withdrawal form, but this is not mandatory. 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.

Consequences of revocation

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.

If you have requested that the services should begin during the withdrawal period, you must pay us a reasonable amount corresponding to the proportion of the services already provided up to the time you inform us of the exercise of the right of withdrawal with regard to this contract compared to the total scope of the services provided for in the contract.

Sample withdrawal form:

(If you wish to cancel the contract, please fill out this form and send it back to us).

To: barely digital GmbH & Co KG Konrad-Adenauer-Str. 8 86836 Klosterlechfeld, Germany Mail: service@heyroamio.com, Phone: +49 8232 7689976-40

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

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.

Note on the premature expiry of the right of withdrawal:

In the case of a contract for the provision of services, the right of revocation shall also expire if we have provided the service in full and have only begun to provide the service after you have given your express consent to the provision of the service before the expiry of the revocation period and at the same time confirmed your knowledge that you will lose your right of revocation upon complete fulfillment of the contract by us.

§ 8 Applicable law / place of jurisdiction

(1)    These terms and conditions and any disputes or claims arising out of or in connection with them or your use of our online platform shall be governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. This choice of law applies insofar as it does not deprive you of any mandatory consumer protection rights under the law of your habitual residence

(1)    The agreed place of jurisdiction for all disputes arising from these terms and conditions or the use of our online platform is Klosterlechfeld, Germany. Klosterlechfeld is the exclusive place of jurisdiction for merchants, legal entities under public law or special funds under public law. For consumers, this jurisdiction agreement only applies to the extent permitted by law.

§ 9 Final provisions

Should any provision of these terms and conditions be or become invalid or unenforceable, this shall not affect the validity of the remaining provisions. In the event of a loophole, the applicable statutory provisions shall apply.