TERMS AND CONDITIONS
§ 1. General Provisions
These Terms and Conditions (hereinafter referred to as the “Store Terms and Conditions” or the “Terms and Conditions”) define the rules for the sale of SIM cards and eSIM cards, as well as the rules for the provision of related services by Karty SIM Kamiński spółka jawna, with its registered office in Warsaw, ul. Genewska 6, 03-963 Warsaw, entered into the Register of Entrepreneurs of the National Court Register maintained by the District Court for the Capital City of Warsaw in Warsaw, 14th Commercial Division of the National Court Register under KRS number 0001100212, NIP 1133131078, REGON 528366548 (hereinafter referred to as the “Seller”) through the Seller’s online store available at https://kartysimusa.pl/ (hereinafter referred to as the “Store”). Nature of the Service. The Seller acts as an intermediary in the sale and activation of telecommunications services provided by foreign telecommunications operators, in particular within the territory of the United States of America. The Seller is not a telecommunications operator within the meaning of the Polish Telecommunications Law of 16 July 2004 and does not independently provide telecommunications services. The term “Operator” used in these Terms and Conditions refers exclusively to a telecommunications operator and not to the Seller. Place of Provision of the Telecommunications Service. The telecommunications service associated with the purchased SIM Card or eSIM is provided outside the territory of the Republic of Poland, within the area of operation of the Operator (in particular within the territory of the United States of America). The sale of the SIM Card or eSIM and customer support prior to travel are carried out by the Seller from the territory of Poland. These Terms and Conditions are effective as of 01.01.2026. The Terms and Conditions are available for download from the Store’s website. The Customer may store their content in a manner enabling future access. The provisions of these Terms and Conditions shall be interpreted jointly with other documents applicable in the Store, in particular: the Privacy Policy, Cookie Policy, promotion terms and conditions (e.g. “Second SIM Card 50% Cheaper”), the KartySIMUSA Loyalty Program Terms and Conditions, and the Money Back Guarantee Terms and Conditions. In the event of discrepancies, the provisions of the specific regulations shall prevail within the scope regulated thereby. Business Customer with Consumer Rights. The provisions of these Terms and Conditions concerning Consumers shall apply accordingly to a Business Customer with Consumer Rights to the extent resulting from Article 7aa of the Consumer Rights Act of 30 May 2014 and Article 385⁵ of the Civil Code, in particular regarding: the application of provisions concerning unfair contract terms (Articles 385¹–385³ of the Civil Code), the right to withdraw from a distance contract, and liability for non-conformity of goods or digital services with the contract. A Business Customer with Consumer Rights may submit a declaration to the Seller confirming the non-professional nature of the concluded contract; however, the Seller does not make the conclusion of the contract dependent on the submission of such declaration.
§ 2. Definitions
The terms used in these Terms and Conditions and written with capital letters shall have the following meanings:
a) Customer — a natural person with full legal capacity, a legal entity, or an organizational unit referred to in Article 33¹ § 1 of the Civil Code, who concludes an agreement with the Seller through the Store.
b) Consumer — a Customer who is a natural person concluding an agreement with the Seller that is not directly related to their business or professional activity, within the meaning of Article 22¹ of the Civil Code.
c) User — a person actually using the SIM Card or eSIM purchased through the Store. The Customer and the User may be the same person or two different persons.
d) SIM Card — a physical card with a microprocessor enabling access to telecommunications services provided by the Operator.
e) eSIM Card — a virtual SIM card (eSIM profile) made available to the Customer in the form of a QR code and configuration data, enabling activation of the Operator’s network plan without a physical SIM card.
f) Operator — a foreign telecommunications operator providing telecommunications services to the User in connection with a SIM Card or eSIM purchased through the Store, in particular within the territory of the United States of America.
g) Package — the scope of the telecommunications service specified in the product description (in particular the validity period expressed in days and the data transfer limit in GB).
h) Activation — the activation of a SIM Card or eSIM within the Operator’s network, performed by the Seller or by a system designated by the Seller on the date indicated by the Customer.
i) Service Performance — see § 9 section 1 of these Terms and Conditions.
j) Account — the Customer’s individual account in the Store, created in accordance with § 4.
k) Order — the Customer’s declaration of intent submitted through the Store for the purpose of concluding a sales agreement for a SIM Card or eSIM and related services.
l) Price List — the current Store price list available in the Store.
m) Money Back Guarantee — an additional service provided by the Seller under the terms specified in a separate set of regulations available in the Store, constituting an accelerated procedure for handling Customer concerns regarding a purchased SIM Card or eSIM.
n) Privacy Policy — a document specifying the rules for the processing of personal data by the Seller, available in the Store.
o) Customer Service Office — contact via e-mail: kontakt@kartysimusa.pl and other communication channels specified in the Store.
p) Business Customer with Consumer Rights — a natural person concluding an agreement with the Seller directly related to their business activity, where the content of that agreement indicates that it is not of a professional nature for that person, resulting in particular from the scope of business activity disclosed pursuant to the provisions on the Central Registration and Information on Business Activity.
§ 3. Legal Nature and Scope of the Seller’s Services**
The Seller’s business activity conducted through the Store consists of:
**a) the sale of the Operator’s SIM Cards and eSIM Cards,
b) activation of SIM Cards and eSIM Cards within the Operator’s network,
c) customer support before, during, and after the Performance of the Service, including technical assistance to the extent specified in § 8.
The Seller is not a telecommunications operator. The Seller does not independently provide telecommunications services and, in particular, is not responsible for the transmission of telecommunications traffic, signal quality, network availability, the ability to make calls at a given time, or other technical parameters of the Operator’s network. Representation of the Customer before the Operator. In the course of performing the agreement, the Seller communicates with the Operator regarding the purchased SIM Card or eSIM, in particular for the purposes of: activation, deactivation, service status verification, data usage verification, billing verification, reporting failures and complaints, and changing the subscriber number. By placing an Order and accepting these Terms and Conditions, the Customer authorizes the Seller to undertake the above actions to the extent necessary for the performance of the agreement. To the extent that such actions concern a User who is not the Customer, the Customer declares that they possess appropriate authorization from the User or undertake to obtain such authorization before the User begins using the SIM Card or eSIM. Access to the Operator’s Systems. The Seller has access to the Operator’s systems enabling verification of the status of a SIM Card or eSIM and usage data (in particular call records, messages, data transmission sessions, and used GB limits). The scope and purpose of the use of such access are governed by § 8 of these Terms and Conditions.
§ 4. Registration and Account
Creating an Account is not a condition for concluding an agreement with the Seller. The Customer may also place an Order without registering an Account (guest checkout), provided that such an option is available in the Store. To create an Account, it is required to provide an e-mail address and create a password. The Customer accepts these Terms and Conditions and the Privacy Policy. The Customer is obliged to keep the Account password confidential and not disclose it to unauthorized persons. The Customer may request deletion of the Account at any time through the Account panel or by submitting an appropriate request to the Customer Service Office e-mail address. Deletion of the Account does not affect the Customer’s rights and obligations arising from agreements concluded before the Account deletion date.
§ 4a. Technical Requirements
In order to use the Store, create and maintain an Account, and receive and use an eSIM Card or SIM Card, the following technical requirements must be met:
a) possession of a device with Internet access,
b) use of a current version of a web browser supporting the HTML5 standard, Cascading Style Sheets (CSS), and JavaScript (including in particular Google Chrome, Mozilla Firefox, Microsoft Edge, Safari), with cookies enabled,
c) possession of an active e-mail account,
d) in the case of an eSIM Card — possession of a device supporting eSIM technology, compatible with the Operator’s mobile networks, and not subject to an operator lock (SIM-lock) preventing activation of the Operator’s eSIM profile,
e) in the case of a SIM Card — possession of a device compatible with the Operator’s mobile networks and not subject to an operator lock (SIM-lock) preventing Activation of the SIM Card within the Operator’s network.
The Customer is obliged to independently verify — before placing an Order — whether their device (or the User’s device) meets the technical requirements referred to in section 1, in particular regarding compatibility with eSIM technology, the Operator’s network, and the absence of a SIM-lock. The Seller offers assistance in determining whether a given device supports eSIM technology and the Operator’s network on the Seller’s Store website. The Seller shall not be liable for the inability to place an Order, use the Store or the Account, or activate or use an eSIM Card or SIM Card resulting from the Customer’s or User’s failure to meet the technical requirements referred to in section 1.
§ 5. Conclusion of the Agreement
Information regarding SIM Cards and eSIM Cards, their Packages, and prices presented in the Store constitutes an invitation to conclude an agreement within the meaning of Article 71 of the Civil Code. Placing an Order constitutes a declaration of intent to conclude an agreement with the Seller under the terms specified in these Terms and Conditions, the Price List, and applicable promotional regulations. Orders are placed through the Store’s website. The Order summary includes, in particular: a description of the selected SIM Card or eSIM, the selected Package, the total price, and delivery costs (if applicable). Placing an Order requires prior review and acceptance of these Terms and Conditions. The following data are required to conclude an agreement:
a) Consumer: first name, last name, e-mail address, telephone number, delivery address;
b) legal entity or organizational unit: company name, NIP/REGON, e-mail address, telephone number, delivery address, and contact person details.
The Customer bears sole responsibility for the accuracy and validity of the provided information. The Seller shall not be liable for the consequences of providing false or incomplete information. The agreement is concluded when the Customer receives confirmation from the Seller that the Order has been accepted for processing, sent electronically to the e-mail address provided in the Order. The confirmation includes, in particular, the essential terms of the agreement and the Order number.
§ 6. Price List and Payments
The current Price List is available in the Store. Prices are stated in Polish zloty (PLN) and include all price components required by law. The Seller reserves the right to change the Price List for valid reasons, including in particular: changes in the Operator’s prices or service conditions, changes in payment processing costs, significant exchange rate fluctuations affecting the cost of purchasing services from the Operator, changes in legal regulations (in particular tax regulations) affecting the cost of service provision, changes in the functionality of the Store or the scope of services provided, as well as the prevention of abuse. Changes to the Price List do not affect agreements concluded before the effective date of such changes. The Customer pays for the Order in advance. Payments are processed by an external payment operator with whom the Seller has entered into an appropriate agreement. Available payment methods are presented in the Store during the ordering process. Failure to pay the full price within the period specified in the Order confirmation entitles the Seller to cancel the Order.
§ 7. Delivery
The Customer selects the delivery method and delivery address for the SIM Card when placing the Order. Delivery of the SIM Card is carried out within the territory of the Republic of Poland through courier companies and logistics operators. The current list of available carriers, delivery options, and associated delivery times is presented in the Store during the ordering process. The eSIM Card is delivered electronically — in the form of a QR code and configuration data made available in the Account or sent to the e-mail address provided in the Order. The product is shipped within one business day from the date full payment is credited, unless a different timeframe is specified in the product description. Delivery costs are displayed during the ordering process and in the Order summary.
§ 8. Access to Usage Data and Technical Support
Purpose and Scope of Access. In order to properly perform the agreement concluded with the Customer, provide technical support, and handle complaints, the Seller obtains from the Operator — with respect to the Customer’s SIM Card or eSIM — access to the following data:
a) the status of the SIM Card or eSIM (active, inactive, suspended, expired) and data regarding the use of the data transfer limit within the Package — for the purpose of performing the agreement and ongoing Customer support;
b) billing records (lists of incoming and outgoing calls, SMS messages, and data transmission sessions) — for the purpose of handling complaints and preventing abuse related to the use of the SIM Card or eSIM.
Legal Basis for Processing. Processing of the data referred to in section 1(a) is carried out pursuant to Article 6(1)(b) of the GDPR (performance of a contract). Processing of the data referred to in section 1(b) is carried out pursuant to Article 6(1)(b) of the GDPR (performance of the contract in relation to complaint handling) and Article 6(1)(f) of the GDPR (the Seller’s legitimate interest consisting in handling reports, pursuing and defending claims, and preventing abuse). Customer and User. If the User is a person other than the Customer, the Customer undertakes to provide the User with the information referred to in this section and in the Privacy Policy before the User begins using the SIM Card or eSIM. Privacy Policy. Detailed rules regarding the processing of personal data — including legal bases, retention periods, categories of recipients, transfers outside the EEA, and the rights of data subjects (including the right to object to processing based on legitimate interest) — are specified in the Privacy Policy available in the Store.
§ 9. Performance of the Service and the Right of Withdrawal from the Agreement
Definition of Service Performance. Service Performance shall mean — depending on the type of product:
a) in the case of an eSIM Card — making the QR code and eSIM configuration data available to the Customer (revealing them) in the Account or sending them to the specified e-mail address; and
b) in the case of a SIM Card — Activation of the SIM Card within the Operator’s network.
Service Performance Date. The Service Performance date is indicated by the Customer after placing the Order by specifying the Activation date in the Activation form. The Customer is obliged to specify the Activation date no later than 48 hours before the planned Activation. Right of Withdrawal (Consumer). A Consumer has the right, under the terms specified in the Consumer Rights Act of 30 May 2014, to withdraw from a distance contract without giving any reason within 14 days from the date of concluding the agreement or taking possession of the purchased SIM Card (depending on the type of product). Exclusion of the Right of Withdrawal after Service Performance. Pursuant to Article 38(1) of the Consumer Rights Act, the right to withdraw from an agreement does not apply to a service agreement for which the Consumer is obliged to pay a price if the entrepreneur has fully performed the service with the Consumer’s express prior consent and after informing the Consumer before performance begins that, once the service has been fully performed, the Consumer will lose the right of withdrawal. Consent to Begin Performance before the Withdrawal Period Expires. In the Activation form, the Customer selects the Activation date. If the selected Activation date falls before the expiry of 14 days from the conclusion of the agreement, the Customer — being a Consumer — shall, prior to Activation, provide an explicit declaration:
a) requesting commencement of the service before the withdrawal period expires; and
b) acknowledging that, after Service Performance, the right to withdraw from the agreement will be lost. The declarations referred to in points a and b are submitted by the Consumer by selecting a separate checkbox when specifying the Activation date in the Activation form, no later than before Activation. The checkbox is not pre-selected. Without these declarations, Activation may not be carried out before the expiration of 14 days from the conclusion of the agreement.
Refund before Service Performance. Withdrawal from the agreement by a Consumer before Service Performance entitles the Consumer to a refund of the full amount paid for the SIM Card or eSIM. The refund shall be made to the bank account associated with the payment method used by the Consumer within 14 days of receipt of the withdrawal declaration. No Refund after Service Performance. After Service Performance — i.e. after the QR code has been revealed (eSIM) or the SIM Card has been Activated — the right to withdraw from the agreement expires in accordance with section 4. Customer claims relating to a SIM Card or eSIM after Service Performance shall be considered exclusively under the complaint procedure (§ 12) or, where applicable, under the Money Back Guarantee procedure (§ 12 section 1(a)). Model Withdrawal Form. The Consumer may use the model withdrawal form constituting Appendix No. 2 to these Terms and Conditions; however, this is not mandatory. A declaration of withdrawal may be submitted in any written or electronic form, in particular to the Customer Service Office e-mail address or via the electronic withdrawal function referred to in section 9. Information regarding the right of withdrawal is provided in Appendix No. 1 to these Terms and Conditions. Electronic Withdrawal Function. Regardless of the methods indicated in section 8, the Consumer may submit a declaration of withdrawal through the electronic function (“Withdraw from the Agreement”) made available on the Store website and in the mobile application, including for Customers who do not have an Account (guest checkout). The function leads to a withdrawal form enabling identification of the agreement (in particular by Order number and e-mail address) and is available throughout the entire withdrawal period. Submission of a declaration through this function is a two-step process: after completing the form, the Consumer confirms the declaration by means of a separate, clearly marked button confirming withdrawal. The Consumer may withdraw from the entire agreement or only from part of it (selected Order items). The Seller shall immediately provide the Consumer, on a durable medium and to the specified e-mail address, confirmation of receipt of the withdrawal declaration, including in particular the date and time of submission and the Order number. The electronic withdrawal function is not available for agreements in relation to which the right of withdrawal has expired or does not apply, in particular after Service Performance in accordance with sections 4 and 5.
§ 10. Ownership of the SIM Card and Deactivation
Ownership. The telephone number and access to the Operator’s services do not constitute the Customer’s property. The Customer acquires only the right to use those services for the period and within the scope specified in the selected Package. Deactivation. The Seller is entitled to deactivate (disable) a SIM Card or eSIM at any time, in particular in the event of:
a) failure by the Customer to pay the full price or any other amount due to the Seller,
b) expiration of the Package validity period,
c) violation by the Customer or User of these Terms and Conditions, promotional regulations, or generally applicable laws,
d) reasonable suspicion that the SIM Card or eSIM is being used for unlawful purposes, in particular fraudulent activities, artificial traffic generation, or the distribution of unsolicited communications,
e) a request to do so by the Operator,
f) force majeure or other circumstances beyond the Seller’s control preventing further provision of services,
g) resolution of a complaint regarding the service resulting in a refund to the Customer (including under the Money Back Guarantee) with respect to the SIM Card or eSIM covered by such refund, provided deactivation is possible.
Effects of Deactivation. Deactivation results in the immediate suspension of the ability to use the Operator’s telecommunications services associated with the relevant SIM Card or eSIM. In the cases referred to in section 2(c) and 2(d), the Seller may seek compensation from the Customer or User under the general rules of the Civil Code.
§ 11. Telephone Number
Status of the Number. The telephone number (subscriber number) assigned to the SIM Card or eSIM is allocated by the Operator and remains at the Seller’s disposal. The number is not the property of the Customer or User — the Customer and User acquire only the right to use the number during the validity period of the Package and under the conditions specified in these Terms and Conditions. Previously Used Numbers (Recycled Numbers). The Customer and User acknowledge that telephone numbers provided by the Operator may have previously been assigned to other subscribers. As a result, calls, SMS messages, or other communications unrelated to the Customer or User (in particular those intended for a previous user of the number) may be received on the SIM Card or eSIM. The Seller shall not be liable for the receipt of such communications or for their content. Number Change — Seller Assistance. At the request of the Customer or User, the Seller shall, to the extent permitted by the Operator’s technical capabilities, provide free assistance in changing the number assigned to the SIM Card or eSIM. The Seller does not guarantee that such a change can be carried out and shall not be liable if the Operator is unable to perform it. Keeping the Number Outside the Seller’s Services / Transfer to Another Operator. The Customer or User may request to retain the telephone number assigned to the SIM Card or eSIM outside the Seller’s services, in particular by transferring the number to another telecommunications operator. Such a request may only be fulfilled to the extent permitted by the technical capabilities and regulations applicable within the Operator’s network. Fee. For retaining the number outside the Seller’s services (in particular transferring it to another operator), the Seller charges a fee compensating for the cost of losing the number with the Operator and the costs of handling the operation. The fee constitutes compensation for the Seller’s actual costs and does not constitute a contractual penalty. The amount of the fee and the method of its calculation are specified in the Price List.
§ 12. Complaints
Two Complaint Resolution Paths. The Customer has access to two methods of handling concerns relating to a SIM Card or eSIM:
a) Money Back Guarantee — an additional service offered by the Seller, constituting an accelerated procedure, available under the terms specified in a separate set of regulations available in the Store. The possibility of using the Money Back Guarantee arises in the situations and under the conditions specified therein;
b) Standard Complaint Procedure — the procedure described in this section, applicable where the Money Back Guarantee does not apply or the Customer chooses not to use it.
Method of Submission. Standard complaints shall be submitted electronically to kontakt@kartysimusa.pl or in writing to the Seller’s registered office address. The complaint should contain information enabling identification of the Customer (in particular the e-mail address assigned to the Account or the Order number), a description of the concerns raised, and the preferred method of resolution. Complaint Handling Period. The Seller shall consider complaints within 14 days from the date of receipt, subject to section 4. Verification of the Complaint in the Country of Service Provision. The Customer and User acknowledge that, due to the nature of the telecommunications service provided by the Operator outside the territory of the Republic of Poland, verification of the cause and validity of a standard complaint may only be carried out in the country where the service is provided, in particular within the territory of the United States of America. Where such verification is necessary to resolve the complaint, the Seller shall inform the Customer of this circumstance and, if necessary, of the extension of the complaint handling period by the time required to obtain information from the Operator, not exceeding the period resulting from mandatory legal provisions.
Customer Cooperation. The handling of a complaint may require the cooperation of the Customer and the User, in particular the provision of additional information necessary to verify the complaint and refraining from hindering the Seller in obtaining information from the Operator necessary to assess the validity of the complaint. Failure to provide such cooperation may make it impossible to substantively consider the complaint to the extent requiring such information. Method of Response. The Seller shall inform the Customer of the outcome of the complaint using the same method by which the complaint was submitted, unless the Customer indicates another preferred method of communication.
§ 13. Seller’s Liability — Exclusions
No Liability for the Provision of Telecommunications Services. Due to the fact that the Seller is not a telecommunications operator and only intermediates in the sale and activation of the Operator’s services, the Seller — subject to mandatory legal provisions — shall not be liable for:
a) the quality, availability, and technical parameters of the Operator’s network signal,
b) the inability to make a call, send a message, or initiate a data transmission session at a given time,
c) the Operator’s network coverage at the User’s location,
d) actions, omissions, and decisions of the Operator, in particular decisions concerning suspension, restriction, or termination of telecommunications services,
e) service unavailability resulting from force majeure, Operator infrastructure failures, maintenance work, or other circumstances beyond the Seller’s control,
f) loss, theft, damage, or destruction of the SIM Card by the Customer or User,
g) incorrect configuration of the User’s device or use of a device incompatible with the technical parameters of the Operator’s network,
h) the content of calls, messages, and other communications received by the User, including communications intended for a previous user of the number (§ 11 section 2).
Scope of Liability Toward Consumers. The provisions of this section do not exclude or limit the Seller’s liability toward Consumers to the extent that such liability arises from mandatory legal provisions, in particular provisions concerning statutory warranty and liability for non-conformity of goods/services with the agreement, however only with respect to services provided directly by the Seller and not by the Operator. Liability for the Seller’s Own Obligations. The exclusions referred to in section 1 do not apply to the Seller’s liability for improper performance of the Seller’s own obligations — in particular regarding the sale, delivery of a SIM Card, provision of an eSIM QR code, Activation on the date indicated by the Customer, and information obligations.
§ 14. Obligations of the Customer and User
The Customer and User are obliged to use the SIM Card or eSIM in accordance with applicable law, these Terms and Conditions, and the Operator’s regulations applicable in the country where the service is provided. It is prohibited to use the SIM Card or eSIM for unlawful purposes, fraudulent purposes, artificial traffic generation, activities compromising the security or integrity of the Operator’s network, or the distribution of unsolicited electronic communications. The Customer is obliged to specify the Activation date no later than 48 hours before the planned Activation. The Customer is obliged to keep confidential the Account password and eSIM access data (QR code and configuration data). Violation of the obligations referred to in this section may result in deactivation of the SIM Card or eSIM in accordance with § 10 section 2.
§ 15. Personal Data
The Seller is the controller of the personal data of Customers and Users. Detailed rules regarding the processing of personal data — including purposes, legal bases, retention periods, categories of recipients (in particular the Operator), and the rights of data subjects — are specified in the Privacy Policy available in the Store. The rules governing the use of cookies are specified in the Cookie Policy available in the Store.
§ 16. Out-of-Court Consumer Dispute Resolution
Consumers may use out-of-court methods of complaint handling and dispute resolution, in particular by:
a) submitting a request to a permanent consumer arbitration court operating at a Provincial Inspectorate of Trade Inspection for resolution of a dispute arising from the concluded agreement,
b) submitting a request to a Provincial Inspector of Trade Inspection to initiate mediation proceedings aimed at an amicable resolution of the dispute,
c) obtaining free assistance regarding dispute resolution from a district (municipal) consumer ombudsman or a social organization whose statutory purpose is consumer protection (e.g. the Consumer Federation or the Polish Consumer Association).
A list of Polish entities authorized to conduct out-of-court consumer dispute resolution proceedings and information regarding access to such procedures are available on the website of the Polish Office of Competition and Consumer Protection: https://www.uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php A list of European Union entities responsible for Alternative Dispute Resolution (ADR), maintained by the European Commission, is available at: https://consumer-redress.ec.europa.eu/dispute-resolution-bodies
§ 17. Amendments to the Terms and Conditions
The Seller reserves the right to introduce amendments to these Terms and Conditions for important reasons, in particular due to: changes in legal regulations, changes in the functionality of the Store, changes in the scope or conditions of the services provided, prevention of abuse, and changes relating to the Operator’s services. The Seller shall inform Customers of amendments to these Terms and Conditions by publishing the amended version in the Store together with information regarding the effective date of the changes, no later than 14 days before that date. A Customer holding an Account who does not accept the amendments to these Terms and Conditions is entitled to delete the Account before the amendments take effect, in accordance with § 4 section 4. Amendments to these Terms and Conditions shall not affect rights acquired by Customers under agreements concluded before the effective date of such amendments.
§ 18. Final Provisions
These Terms and Conditions are effective as of 01.01.2026. In matters not regulated herein, the provisions of Polish law shall apply, in particular the Civil Code, the Consumer Rights Act of 30 May 2014, and the Act of 18 July 2002 on the Provision of Electronic Services. In the event of discrepancies between these Terms and Conditions and specific regulations (promotion regulations, the KartySIMUSA Loyalty Program Terms and Conditions, or the Money Back Guarantee Terms and Conditions), the provisions of those specific regulations shall prevail within their respective scope. Any correspondence regarding these Terms and Conditions should be addressed to: Karty SIM Kamiński spółka jawna, ul. Genewska 6, 03-963 Warsaw, or by e-mail to: kontakt@kartysimusa.pl.
Appendix No. 1 to the Terms and Conditions – Information on the Right of Withdrawal
Right of Withdrawal
You have the right to withdraw from a distance contract within 14 days without giving any reason. The withdrawal period expires after 14 days:
– in the case of a SIM Card sales agreement (goods) — from the day on which you acquired possession of the SIM Card or on which a third party other than the carrier and indicated by you acquired possession of the SIM Card;
– in the case of a service agreement, including an agreement covering an eSIM Card — from the date of conclusion of the agreement.
To exercise the right of withdrawal, you must inform the Seller — Karty SIM Kamiński spółka jawna, ul. Genewska 6, 03-963 Warsaw, e-mail address: kontakt@kartysimusa.pl — of your decision to withdraw from this agreement by means of an unequivocal statement (for example, a letter sent by post or e-mail). You may use the model withdrawal form constituting Appendix No. 2 to these Terms and Conditions, but this is not mandatory.
You may also withdraw from the agreement through the electronic “Withdraw from the Agreement” function available on the Store website (https://kartysimusa.pl/) and in the mobile application. For Customers who have an Account, the function is available in the Account panel for a given order, and in the case of purchases made without an Account (guest checkout) — on a dedicated page available without logging in, linked in the Store footer and in the order confirmation e-mail. The function leads to a withdrawal form, and submission of the declaration requires confirmation using a separate, clearly marked confirmation button. Immediately after submitting the declaration through this function, we will send confirmation of its receipt to the e-mail address provided by you on a durable medium.
To meet the withdrawal deadline, it is sufficient that you send information concerning the exercise of your right of withdrawal before the withdrawal period has expired.
Effects of Withdrawal
If you withdraw from this agreement, we will reimburse all payments received from you, including delivery costs (except for additional costs resulting from your choice of a delivery method other than the least expensive standard delivery method offered by us), without undue delay and in any event no later than 14 days from the date on which we were informed of your decision to exercise the right of withdrawal. We will make the reimbursement using the same means of payment that you used for the original transaction unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
In the case of a SIM Card (goods), we may withhold reimbursement until we have received the SIM Card back or until you have supplied evidence of having sent it back, whichever occurs first. Please return the SIM Card to the Seller’s registered office address without undue delay and in any event no later than 14 days from the date on which you informed us of your withdrawal from this agreement. The deadline is met if you send back the SIM Card before the 14-day period has expired. You will have to bear the direct cost of returning the SIM Card. You are only liable for any diminished value of the SIM Card resulting from handling it in a manner other than what is necessary to establish its nature, characteristics, and functioning.
Loss of the Right of Withdrawal in the Case of a Fully Performed Service
The right of withdrawal does not apply to service agreements (including SIM Card Activation and provision of an eSIM Card) for which the Consumer is required to pay a price, if the Seller has fully performed the service with the Consumer’s express prior consent and after informing the Consumer before performance begins that, once the service has been fully performed, the Consumer will lose the right of withdrawal. Consent is given in the Activation form by selecting a separate checkbox that is not pre-selected by default (see § 9 section 5 of these Terms and Conditions).
Appendix No. 2 to the Terms and Conditions – Model Withdrawal Form
(please complete and return this form only if you wish to withdraw from the agreement)
Addressee: Karty SIM Kamiński spółka jawna, ul. Genewska 6, 03-963 Warsaw, e-mail address: kontakt@kartysimusa.pl
I/We() hereby give notice that I/We() withdraw from my/our() contract of sale of the following goods() / for the provision of the following service(*):
...........................................................................................................................
Date of conclusion of the agreement() / receipt(): ........................................................
Order number …………………………………………………………………………………..
Name of Consumer(s): ..........................................................
Address of Consumer(s): ........................................................................
Signature of Consumer(s) (only if this form is submitted in paper form):
...........................................................................................................................
Date: ..............................................
() Delete as appropriate.*