Terms and Conditions

§ 1 Scope and provider

These terms and conditions apply to all contracts concluded via studisim.at with Richard Benes (trading as Studisim), Biberhaufenweg 100/68, 1220 Vienna, Austria. The version in force at the time the contract is concluded applies.

§ 2 Subject matter

The subject matter of the contract is the provision of eSIM data packages as a service: Studisim grants the data volume specified in the purchased package for its validity period. Studisim acts as a reseller; the technical provision is carried out by network and platform partners.

Where a contract is withdrawn from before full performance, the pro-rata amount owed under § 16 para 3 FAGG is calculated on the data volume already used, in proportion to the package's total volume.

Use requires an eSIM-capable and unlocked (not SIM-locked) device. It is for customers to check whether their own device meets these requirements.

Term, renewal and termination. The contract concerns a single, prepaid data package. The term begins with the first network connection and lasts for the number of days stated for the package. There is no minimum term, no automatic renewal and no notice period — the contract ends when the data volume is used up or the term expires. Unused data volume is not transferred to another eSIM and is not refunded; with a top-up of the same eSIM it is kept (see “Top-ups”).

Top-ups. As long as the term of an eSIM has not expired and the eSIM allows it, a further plan can be purchased for it (top-up). The data and days of the plan are added to the remaining data and the remaining term of the eSIM. A top-up is a separate contract to which these terms apply.

§ 3 Formation of contract

The presentation of packages in the shop is not a binding offer but an invitation to place an order. By clicking the “Order with obligation to pay” button, customers submit a binding offer. The contract is concluded when payment has been completed; confirmation is given on a durable medium (email).

§ 4 Prices and payment

All prices are final prices in euros. No value added tax is shown; the provider is a small business under § 6 para 1 no 27 of the Austrian VAT Act (UStG). A student discount, where it applies, is shown separately during the order process. Payment is made via the payment service provider Stripe and is due immediately.

Exactly one discount is applied per order. Where a student discount and a valid discount code both apply, the lower final price prevails. If both result in the same price, the student discount is applied and the discount code remains unused and valid.

§ 5 Provision and immediate start of performance

The eSIM is provided immediately after payment is received. During the order process, customers expressly request that performance begin immediately and confirm that they are aware that they lose their right of withdrawal once Studisim has fully provided the service (see § 6 and the withdrawal instructions).

§ 6 Right of withdrawal

Consumers have a right of withdrawal under the Austrian Distance and Off-Premises Transactions Act (FAGG). In the case of a contract for the provision of services — such as the provision of the data volume — this right lapses early once the service has been fully provided, in accordance with the withdrawal instructions, which form part of these terms. Traders have no right of withdrawal.

§ 7 Quality of service, warranty and liability

(1) Studisim does not operate its own mobile network. In the destination, the eSIM connects to a network of a local operator; data traffic is then routed to the internet via the network of our wholesale partner. The quality of service that can be achieved therefore depends on the network visited, the location, the device, the number of simultaneous users and the place at which data traffic is handed over to the internet.

(2) Speed. We do not advertise any particular speed. The estimated maximum speed for each mobile network generation is:

Generation	Download	Upload
5G	30 Mbit/s	4 Mbit/s
4G	8 Mbit/s	1 Mbit/s
3G	384 kbit/s	38 kbit/s

The figures for 5G and 4G come from our own measurements in Austria in September 2026, rounded down. The figure for 3G is based on international technical minimum and reference values. Actual speed depends on the network used, location, network load and device. The highest generation a package uses is stated with the package.

(3) Latency, delay variation and packet loss. We measured latency and packet loss in Austria in September 2026 using one of our own eSIMs: average latency 97 ms, average variation of latency (delay variation) 24 ms, packet loss 0 per cent over 1,000 packets. The measurement covers one location, one network and one period; values may differ in other networks and at other locations.

(4) The country used as the point of transfer to the internet differs from package to package and is stated in the Charges. The distance to this point is the main factor affecting latency.

(5) No minimum quality-of-service levels are guaranteed for this service. Neither a minimum speed nor a minimum availability forms part of the contract. The figures in paragraphs 2 and 3 are estimated maximum values and measured values, not a lower limit; paragraph 6 states what applies if performance deviates significantly from them.

(6) If performance deviates. If actual performance shows a significant, continuous or regularly recurring discrepancy from the figures in paragraphs 2 and 3, you are entitled to the statutory warranty rights. In practice, we proceed as follows: first, we try to provide you with a working eSIM. If that is not possible, we refund the full amount. We do not set a time limit for this — your statutory rights remain unaffected.

(7) The statutory warranty provisions apply (ABGB, VGG). Studisim is liable without limitation for intent and gross negligence and in cases of mandatory statutory liability. In all other respects, the statutory provisions apply.

§ 8 Fair use

Technical conditions and fair-use rules of the respective network or platform partner may apply to use, in particular a reduction in speed once a certain data volume has been consumed. A corresponding note can be found in the relevant product description.

§ 9 Data protection

To make a purchase, we need your email address (to deliver the eSIM and the receipt). You enter your payment details directly with our payment service provider; we do not see them. For support requests, the EID of your device or the ICCID of your eSIM may be needed. No further details are required for a purchase.

Information on the processing of personal data can be found in the privacy policy.

§ 10 Dispute resolution

In case of a dispute arising from this contract, consumers may apply for conciliation proceedings before the Austrian Regulatory Authority for Broadcasting and Telecommunications (RTR-GmbH), Dispute Resolution Body for Communications Services (§ 205 TKG 2021), available at https://www.rtr.at/TKP/was_wir_tun/telekommunikation/konsumentenservice/schlichtungsverfahren/TKKS_Schlichtung.de.html. Studisim participates in such proceedings. Access to the ordinary courts remains unaffected.

The dispute resolution body mediates between you and us and tries to reach an amicable solution. The procedure is free of charge for you, you do not need to be represented, and it does not prevent you from going to court instead or afterwards. A prerequisite is that you have first contacted us and the matter has not been resolved satisfactorily.

Studisim does not participate in dispute resolution proceedings before any other consumer arbitration body.

§ 11 Security and security incidents

If Studisim becomes aware of a security incident, threat or vulnerability affecting the service, Studisim assesses the report and determines which orders may be affected. Affected eSIM profiles and accounts are blocked or replaced as far as this is within Studisim's control; anything residing in the mobile operator's network is passed on to that operator. Affected customers are informed by email to the address given with the order. Statutory reporting duties towards the competent authorities remain unaffected.

If, as a result, the service cannot be provided or can be provided only in part, Studisim refunds the purchase price for the data volume that therefore cannot be used, in proportion to the package's total volume. Further statutory rights remain unaffected.

§ 12 Complaints

(1) Complaints about the quality or provision of our service can be sent informally to office@studisim.at. No particular form is required.

(2) We confirm receipt within five working days and deal with your complaint within four weeks of receipt.

(3) If this does not lead to an agreement, you can apply to the dispute resolution body of RTR-GmbH (§ 10 of these terms).

§ 13 Customer service and fault handling

You can reach us at office@studisim.at. We do not offer telephone support. Where maintenance work on our own systems is foreseeable and affects purchases, we announce it on studisim.at; we can neither announce nor fix faults in the networks of operators in the destination.

§ 14 Products for users with disabilities

We currently do not offer any products or services specifically intended for end-users with disabilities. Our eSIMs are data packages without a user interface of their own; they are operated via your device's settings and its accessibility features. You can find out at any time whether this has changed by writing to office@studisim.at; we will also include any changes in these terms.

§ 15 Final provisions

Austrian law applies, excluding the UN Convention on Contracts for the International Sale of Goods. Mandatory consumer protection provisions of the state in which the consumer has their habitual residence remain unaffected. Should any provision of these terms be invalid, the validity of the remaining provisions is unaffected.