Terms and Conditions of YellowSIM

These terms and conditions apply to all transactions made via the www.yellowsim.com website and with YellowSIM LLC. By using this site the Buyer accepts these terms and conditions.

 

1. Definitions

Buyer means the person, firm or company who agrees to buy or buys the Products from YellowSIM.

Contract means the contract that is formed between YellowSIM and the Buyer when YellowSIM confirms by email the Buyer’s Order.

Fair Usage Policy. The Fair Usage Policy operated by YellowSIM is in accordance with paragraph 15.2 of this Contract.

Validity Period. The validity period of the SIMcard is in accordance with paragraph 15.3 of this contract.

YellowSIM means YellowSIM LLC a UK company. No. 04580936

Products means the goods or services that the Buyer agrees to purchase from YellowSIM, namely the YellowSIM SIMcards including the airtime provided with the SIMcards and any other products advertised on the Website.

Order means the order for the Products that the Buyer places with YellowSIM.

SIMcard means the YellowSIM SIMcard ordered by the Buyer via the Website.

Website means the website yellowsim.com.

 

2. Accuracy of information

All information published on the Website has either been made available or provided by suppliers and manufacturers or obtained from the public domain. YellowSIM has every intention of providing accurate and up to date information but cannot guarantee the reliability or the accuracy of the information contained within its pages.

 

3. General

These terms and conditions do not affect the Buyer’s statutory rights.

 

4. Age

The Buyer or the Buyer’s representative must be 18 years of age or older to order Products through the Website. By placing an Order the Buyer or the Buyer’s representative acknowledges that he or she is 18 years of age or older.

 

5. GSM Network Coverage

YellowSIM sources the SIMcards from a third party contractor that also provides the telecommunication system that allows the SIMcards to operate correctly. Whilst YellowSIM will make every endeavour to ensure the continuation of the coverage by the third party supplier, the telecommunication system is controlled solely by the third party contractor and YellowSIM can accept no liability incurred by the Buyer resulting directly or indirectly from the failure by the third party contractor to maintain the operation of the telecommunication system.

 

6. Products

The nature of the Products is such that they are regularly updated by the manufacturers. On occasion the specification of the Products may vary from the information provided on the Website. For the avoidance of doubt the description of the Products on the Website is only to provide an indication of functionality and use. Full technical specifications may be obtained from the manufacturers directly.

 

7. Formation of the Contract

7.1 The Buyer acknowledges that by placing an Order for the Products it is making an offer to YellowSIM to purchase the said Products.

7.2 YellowSIM shall accept the offer made in accordance with clause 7.1 by sending an email to the Buyer confirming its acceptance of the offer and confirming the Products to be delivered.

7.3 Any Products ordered by the Buyer and which have not been confirmed in the e-mail confirmation do not form part of that Order.

 

8. Payment Methods

YellowSIM will accept payment via most major credit and debit cards, and PayPal. The Buyer must provide YellowSIM with the Buyer’s billing address and telephone number at the time of the Order. The Buyer’s Order will only be processed once authorisation of the Buyer’s credit card has been properly received and verified.

8.1 Text2TopUp Payments

A customer can subscribe and unsubscribe from the Text2TopUp service at any time by changing their Top up options settings in their customer account. Text2TopUp is a free service, other than the cost of sending the SMS messages to instruct and confirm the credit to be made.

Operating Text2TopUp.

For a customer to use Text2TopUp they must:

  1. a) Subscribe to the service
  2. b) Register a SIMcard account to the Text2TopUp service
  3. c) Have sufficient call credit on the registered SIM account for at least two SMS messages
  4. d) Give authorisation for YellowSIM to charge the customer debit or credit card or PayPal account

 

Authorisation

Customers subscribed to the Text2TopUp service authorise YellowSIM to debit the subscribed customers registered debit card, credit card or PayPal account by the monetary amount as instructed by the customer using the Text2TopUp service, and apply call credit to the registered YellowSIM Card account.

YellowSIM will not store a customers credit card details, only a payment reference is stored.

Charges

Text2TopUp requires the SIMcard account to have sufficient call credit to send a Text2TopUp request and confirmation message. A typical Text2TopUp request uses two Text messages. The charge for the Text2TopUp request or requests and confirmations will be debited from the registered SIMcard call credit at the published rates.

From time to time, YellowSIM may change the Text2TopUp amounts by which a customer may select to top up the registered SIMcard account by.

Termination

YellowSIM Limited reserves the right to decline a customer from subscribing to the Text2TopUp service, or decline the registration of a SIMcard card to the TextTopUp service at YellowSIM’s discretion and without notice or reason.

YellowSIM reserves the right to unsubscribe a customer from the Text2TopUp service or unregister a SIMcard from the Text2TopUp service at YellowSIM’s discretion and without notice or reason.

YellowSIM reserves the right to suspend or withdraw the Text2TopUp service at any time without notice or reason.

8.2 AutoTopUp Payments

A customer can subscribe and unsubscribe from the AutoTopUp service at any time by changing their Top up options settings in their customer account.

Operating AutoTopUp.

For a customer to use AutoTopUp they must:

  1. a) Subscribe to the service
  2. b) Register a SIMcard card account to the AutoTopUp service
  3. c) Select the low call credit level on the registered SIMcard account at which credit will be added. Low level amounts are 5, 10 and 20 Euro
  4. d) Select the amount of call credit to add to the registered YellowSIM account. Credit amounts are 10, 20, 30, 40 or 50 Euro
  5. e) Give authorisation for YellowSIM to charge the customersr debit or credit card or PayPal account.

 

Authorisation

Customers subscribed to the AutoTopUp service authorise YellowSIM to debit the customers registered debit card, credit card or PayPal by the amount preselected by the customer at any time the registered SIMcard account reaches the predetermined low call credit level as selected by the customer.

YellowSIM will not store a customers credit card details, only a payment reference is stored.

AutoTopUp Process

When the registered SIMcard account reaches the preset low level amount chosen by the customer, YellowSIM will debit the customers registered debit card, credit card or PayPal account by the preselected AutoTopUp amount, and apply call credit of the AutoTopUp amount to the registered SIMcard account.

Any AutoTopUp made to a SIMcard will automatically create an order in the customer account. The customer will receive notification of the order via email and the order will show in the customer’s order history.

Termination

From time to time, YellowSIM may change the low level amount and AutoTopUp credit amount that the customer may select.

YellowSIM will not change the low level amount or AutoTopUp credit amount that a customer has selected at anytime without authorisation from the customer.

YellowSIM Limited reserves the right to decline a customer from subscribing to the AutoTopUp service, or decline the registration of a YellowSIM card to the AutoTopUp service at YellowSIM’s discretion and without notice or reason.

YellowSIM reserves the right to unsubscribe a customer from the AutoTopUp service or unregister a YellowSIM Card from the AutoTopUp service at YellowSIM’s discretion and without notice or reason.

YellowSIM reserves the right to suspend or withdraw the AutoTopUp service at any time without notice or reason.

 

9. Credit Card Security and Fraud Prevention

9.1 In deciding whether to accept the Buyer’s Order YellowSIM may use the information the Buyer has given to YellowSIM, or which YellowSIM already holds about the Buyer, or which YellowSIM receives from any enquiry YellowSIM may contact various fraud prevention systems or companies, to confirm the Buyer’s identity, check if the credit card is valid or has been reported stolen. YellowSIM utilses Verified by Visa and Mastercard Secure Code to assist YellowSIM in protecting the Buyer and YellowSIM from fraudulent transactions.

9.2 YellowSIM will take all reasonable steps in protecting the Buyer’s privacy and will not knowingly sell, trade or rent the Buyer’s personal information to any third party.

9.3 YellowSIM will not store credit card details.

 

10. Delivery

10.1 Products will normally be dispatched within 5-7 working days from the date on which the Buyer’s payment is cleared; however, certain Products may be subject to availability and may therefore lead to a delay in dispatch. If YellowSIM or YellowSIM’s suppliers are temporarily out of stock, YellowSIM will notify the Buyer within 7 days and will advise of an expected delivery date.

10.2 Any date YellowSIM specifies for the delivery of the Products is approximate only and shall not be of the essence in respect of these terms and conditions.

10.3 YellowSIM shall not be liable for any loss, costs, damages, charges, or expenses caused directly or indirectly by any delay in the delivery of the Products.

10.4 Notwithstanding clause 10.1 in the event that dispatch of the Products is delayed by 14 days or more the Buyer will have the right to cancel any part of the Order not dispatched and YellowSIM will refund the appropriate payment to the Buyer within 28 days.

10.5 YellowSIM will issue the Buyer with an electronic invoice once the Buyer’s Order has been dispatched.

 

11. Risk

The Buyer will be liable for the Products upon delivery to the address as stated in the Order. Products will only be delivered to the address as stated in the Order. Products will not be left at the address without a signature.

 

12. Delivery Charges

Delivery charges are dependent on the Product purchased and shipping method selected and are indicated when ordering. Delivery prices quoted are for most UK Mainland addresses by Royal Mail recorded 1st class signed for service. Delivery days are as per the normal Royal Mail service.

 

13. Products Lost In Transit

YellowSIM will not be liable for Products lost in transit unless the Buyer has notified YellowSIM immediately upon becoming aware that the Products have not been delivered. If the Products arrive in a damaged condition the Buyer is responsible for informing YellowSIM immediately upon delivery. The Buyer shall be obliged to provide all necessary consignment notes and carrier details. The Buyer shall notify YellowSIM immediately upon becoming aware of any wrongly supplied Products.

 

14. Returns Policy

14.1 Non-faulty Returns:

14.1.1 The Buyer can change its mind and return the Products within 7 days of receipt. Should the Buyer wish to return the Products, the Buyer should inform YellowSIM of its intention in writing giving the appropriate invoice number and their relevant contact details together with full details of the Product they are returning.

14.1.2 The Buyer will receive a credit note or refund less any applicable delivery charges and restocking fee, provided the Products are unused and are in 'as new' and resaleable condition in their original box with unopened packaging including all manuals and accessories. Any SIMcard must still be intact in its 'credit card' -style card and no calls must have been made on any online or telecommunications system to or from the SIM card phone number.

14.1.3 It is the Buyer’s responsibility to return the Products to YellowSIM at the Buyer’s own cost and risk. Until the Products are received back by YellowSIM the Buyer shall remain liable for the Products and shall indemnify YellowSIM in respect of any loss or damages suffered by YellowSIM as a result of the Buyer’s failure to return the Products in an ‘as new’ and resaleable condition.

14.1.4 A change in call rates will not be grounds for returning the SIM card or providing a refund.

14.1.5 YellowSIM Limited reserves the right to charge a restocking fee of 10% to cover administration costs.

14.2 Faulty Returns:

14.2.1 If the Buyer believes the Products to be faulty upon delivery then the Buyer should immediately notify YellowSIM in writing giving the appropriate invoice number and their relevant contact details together with full details of the fault affecting the Product. The Buyer shall then immediately return any such faulty Products directly to YellowSIM.

14.2.2 YellowSIM shall assess any faulty Products and shall use all reasonable endeavours to repair the Product. If it is not possible to repair the Product then YellowSIM shall offer the Buyer a replacement Product or a full refund at the Buyer’s option.

14.2.3 In the event that any Product returned to YellowSIM in accordance with this clause 14.2 is found not to be faulty then YellowSIM shall have no liability to replace the Product or provide a refund if the Product has been returned more than 7 days from the date of receipt.

 

15. Refunds, Call Credit and Fair Useage Policy

15.1 YellowSIM shall not accept any responsibility for refunding credit that has been applied to the Product, either at the time of purchase or post purchase.

15.2 Fair Usage. The usage of the SIMcard and any of its calling systems is expected to be a fair balance between free incoming calls, chargeable incoming calls and chargeable outgoing calls. Excessive volume or duration of only free incoming calls or free call forwarding, determined at YellowSIM's discretion, acting reasonably, will constitute abuse. YellowSIM reserves the right to monitor usage, to apply call charges and/or withdraw the service from any SIMcard, and associated accounts, supplied to the Buyer at any time in the case of overuse or abuse of the free incoming calls facility. YellowSIM will not be liable for reimbursement, compensation of call credit or purchase price or any subsequential loss of any SIMcard or account that is suspended under this Fair Usage Policy.

A positive call credit balance of at least $0.01 must be maintained on the SIM account to receive free incoming calls. If a SIM has $0.00 balance the SIM account will be locked until call credit is added to the account.

 

15.3 Validity Period. The SIMcard and SIMcard phone number has a Validity Period of 12 months from the date of purchase. On the annual annivesary date a renewal fee is required to be paid to keep the SIMcard and SIMcard phone number active. Failure of the buyer to pay the annual renewal fee will result in the SIMcard being deactivated and the SIMcard phone number disabled and any remaining call credit on the SIMcard account cancelled. Cancelled call credit is non refundable.

 

16. Handset Unlocking

16.1 The SIMcard requires an "Unlocked" mobile handset to operate. Responsibility for unlocking the mobile phone handset shall reside with the Buyer upon purchase of the SIMcard.

16.2 YellowSIM shall not accept liability for any handsets that cannot be unlocked and shall not be liable for providing a refund in the event that a Buyer’s handset cannot be unlocked.

 

17. Handset Compatibility

17.1 Some SIMcards are only compatible with specific mobile phone handsets. The responsibility shall remain with the Buyer to check the compatibility of the SIMcard with a specific handset. A list of compatible handsets is listed on the Website.

17.2 By placing an Order for the SIMcard, the Buyer confirms that it has checked the compatibility of the SIMcard with the handset with which it is intended to be used. YellowSIM will not accept any liability for the SIMcard being incompatible with the Buyer’s handset.

17.3 No refunds will be provided in the event that the Buyer’s handset is incompatible with the SIMcard.

 

18 Price

All prices listed on the Website shall be exclusive of VAT. Delivery charges shall be indicated in the email confirmation.

 

19. Typographical Errors

19.1 If a Product has been or is listed with an incorrect price due to a typographical error or an error in pricing information from YellowSIM’s suppliers, YellowSIM shall have the right to cancel any Orders listed at the incorrect price.

19.2 In the event that any such price change has occurred YellowSIM shall refund any charges including delivery charges, if the Buyer’s account or credit card has been charged, and cancel the Buyer’s Order.

 

20. Guarantees

All Products supplied are covered by the relevant manufacturer’s warranty.

 

21. Rights of Third Parties

The Contract is made for the benefit of the parties to it and (where applicable) their successors and permitted assigns and is not intended to benefit, or be enforceable by, anyone else.

 

22. Miscellaneous

22.1 These terms and conditions are subject to change at any time without prior notice. YellowSIM reserves the right to modify, add and delete any of the services provided through any Product from those that are available at the time of purchase.

22.2 The Buyer is solely responsible for the content of information and communications transmitted using the Services. YellowSIM will not be liable nor accept any liability for incorrect use of any Product.

22.3 A YellowSIM phone number is not portable to a "Publicy Available Telephony Service".

22.4 If a SIMcard is allocated a USA phone number, the SIMcard must register on any US network at least every 60 days to avoid the US phone number being unassigned from the SIMcard. If a SIMcard does not register on a US network at least every 60 days, then the US number will be deactivated. The deactivated US phone number cannot be reassigned to the same SIMcard.

 

23. Limitation of Liability-The Buyer’s Attention Is Particularly Drawn To The Provisions Of This Condition

 

23.1 This condition 23.1 sets out the entire financial liability of YellowSIM (including any liability for the acts or omissions of is employees, agents and sub-contractors) to the Buyer in respect of:

(a) any breach of the Contract;

(b) any use made by the Buyer of the Products or any part of them; and

(c) any representation, statement or tortious act or omission (including negligence) arising under or in connection with the Contract.

23.2 All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Contract.

23.3 Nothing in these Conditions limits or excludes the liability of YellowSIM:

(a) for death or personal injury resulting from negligence; or

(b) for any damage or liability incurred by the Buyer as a result of fraud or fraudulent misrepresentation by YellowSIM; or

(c) for any damage or liability incurred by the Buyer as a result of any breach by YellowSIM of the condition as to title or the warranty as to quiet possession implied by section 2 of the Supply of Goods and Services Act 1982.

23.4 Subject to condition 23.2 and condition 23.3

(a) YellowSIM shall not be liable to the Buyer for:

(i) loss of profits; or

(ii) loss of business; or

(iii) depletion of goodwill and/or similar losses; or

(iv) loss of anticipated savings; or

(v) loss of goods; or

(vi) loss of Contract; or

(vii) loss of use; or

(viii) loss or corruption of data or information; or

(ix) any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses.

 

24. E-commerce

24.1 The Buyer covenants with YellowSIM not to use the Website for:

24.1.1 fraudulent purposes, or in connection with a criminal offence, or other unlawful activity, or to send, use or reuse any material that is:

24.1.2 illegal, offensive, abusive, indecent, defamatory, obscene or menacing; or in breach of copyright, trademark, confidence, privacy or any other right; or

24.1.3 is otherwise injurious to third parties; or objectionable, or

24.1.4 which consists of or contains software viruses, political campaigning, commercial solicitation, electronic chain letters, mass mailings or any “spam” (i.e. indiscriminately sent unsolicited, unwanted, irrelevant or inappropriate messages) or that which may:

24.1.5 cause annoyance, inconvenience, or needless anxiety to any other party.

24.2 The Buyer acknowledges that by visiting the Website or by sending emails to YellowSIM the Buyer is communicating with communications from YellowSIM electronically and agrees that all agreements, notices, disclosures and other communications provided in this manner by YellowSIM to the Buyer satisfy any legal requirement that such communications be in writing.

 

25. Status of precontractual statements

Each of the parties acknowledges and agrees that, in entering into the Contract it does not rely on any undertaking, promise, assurance, statement, representation, warranty or understanding (whether in writing or not) of any person (whether party to these terms and conditions or not) relating to the subject matter of the Contract, other than as expressly set out in the Contract.

 

26. Communication

YellowSIM, may from time to time contact the customer by email or other electronic means regarding technical issues, alerts or promotional information. The customer may unsubscribe from email notifications. Urgent technical alerts or service related issues will be broadcast to all customers including those not subscribed.

 

27. Governing Law

27.1 The Contract and any dispute or claim arising out of or in connection with it or its subject matter, shall be governed by, and construed in accordance with, the law of England and Wales.

27.2 The parties irrevocably agree that the Courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with the Contract or its subject matter.