GYMSIM - The mobile network for the yachting community

Terms & Conditions


Colin Squire Photo
Photo by Colin Squire

1. Scope

Gymsim is a high-quality national and international service provider in the mobile telecommunications sector. These General Terms and Conditions (hereafter: Conditions) govern the relationship between Gymsim and the customer. They apply to all services provided by Gymsim. In any event, the valid and applicable Conditions are deemed to be accepted when the customer uses the service offered by Gymsim. Gymsim reserves the right to change the Conditions and other contractual provisions at any time. 

2. Service description

Gymsim shall make every effort to provide a high level of availability for its mobile network. However, Gymsim is unable to guarantee continuous, fault-free operation of its mobile network or certain transmission times or capacities. Gymsim reserves the right to service its mobile network at any time, which may result in temporary disruptions. No representations or guarantees are made in respect of availability, quality, operation or support for voice or data communication on third-party networks or with third-party lines. No guarantee may be given for absolute protection of Gymsim’s network against unauthorized access or interception. Gymsim shall assume no liability for any such occurrence. Gymsim may at any time adapt or interrupt its services. Gymsim may engage at any time a third party to fulfil any of its obligations under this contract. 

3. Customer’s obligations

The customer is under the obligation to use the services provided in accordance with the contract and the law. The customer is in any event responsible for the use of his connection, the use of passwords, in particular also for dialling premium numbers with increased charges and rates as well as for any use by a third party. Furthermore the customer is responsible for the end device used, in particular in respect of its compliance with the law, its suitability for use and its compatibility with the services and networks used. The customer shall immediately inform Gymsim of any unauthorized use. 

4. Prices

The current and binding prices are published on the internet at www.gymsim.com and may be obtained at any time direct from Gymsim. These remain subject to the consequences of fluctuating exchange rates at all times. Prices are subject to modification at any time without prior notice. It is the customer’s responsibility to obtain any information before using the service. Gymsim does not make any guarantee for the typographic correctness of the prices published on the homepage. In case of an error in the pricing or product information, Gymsim reserves the right to cancel the order of the customer by giving the respective information. 

5. SIM card and account balance

The SIM card contains an initial amount which is credited to the relevant account or phone number. The account balance may be increased at any time. In respect of the account balance, Gymsim’s accounting system is deemed to be correct. When the account balance is insufficient, the SIM card may no longer be used. No refund is made as against any credit on the account during the term of the agreement. Gymsim has the right to cancel or change any phone number without compensation, when same is required for operational or technical reasons or as a result of regulations. Further details are included in the user guide provided at the time of purchase of the SIM card. The payment of the purchase amount as well as the increase of the prepaid-account of the customer using debit / credit card is subject to the reservation of the agreement of the bank, which has issued the debit / credit card. Gymsim is not liable in such cases, where the bank refuses to accept the debit / credit card.

Gymsim protects the details of the order and payment of the customer with all expected care. In case where a third party manages to get unauthorized access to the data, Gymsim is not liable. 

6. Cancellation

If the customer orders the commodity as consumer, he has the right of cancellation. The written cancellation should be emailed to support@gymsim.com with a request for an address for return of product.

The cancellation period is 14 days from the finalization of the contract or the receipt of the goods, if the national law does not provide any longer cancellation right. In case of an effective cancellation, the services received on both sides are to be re-sended. If the customer cancels the contract and sends back the goods, the original packing must be undamaged as much as possible and the objects delivered along with such as the manuals, must also be included. Resending without a copy of the original invoice is not accepted. If the package or the goods are damaged or destroyed unnecessarily or if the value is reduced by having put them into use, Gymsim has the right to demand for compensation, provided the reduced value is not exclusively to be attributed to the checking of the matter. If the value of the order is below EUR 40 or if the customer has not yet paid the full  purchase price and the goods delivered are as per the commodities ordered, the customer is obliged to bear the costs of resending himself. Otherwise the customer can resend the goods free of cost to Gymsim after requesting for a resend-sticker.

7. Deactivation

If the SIM card is not used (i.e. no incoming or outgoing calls) during a certain period of time, the card shall be deactivated without prior notice. Any remaining credit as well as the phone number shall be lost without compensation. NB: the applicable period of time prior to deactivation may vary from country to country and/or from product to product. Please obtain the relevant information at the point of sale or from www.gymsim.com. 

8. Obligation to register

In accordance with prevailing regulations, the customer is obliged, at the time of purchase of the SIM card, to identify himself by means of a valid and official identification document. Purchase and use of a SIM card without due identification shall be considered as abuse of the service. Article 11 hereunder shall then be applicable. 

9. Data protection and confidentiality

Gymsim undertakes to process customer data with care and to comply with the provisions of the prevailing regulations. Gymsim only collects, stores and processes the data required for the provision, design and development of the service, for handling and maintaining customer relations, operational reliability and infrastructure, and for invoicing purposes. If Gymsim provides services jointly with a third party, in particular calls to networks of other service providers, or if the customer receives services from third parties via the Gymsim network, Gymsim may exchange the customer’s data with such party insofar as such information is necessary for the provision or execution of these services. 

10. Number display

In principle, the caller’s number will be displayed to the called party. Gymsim’s service allows this display to be withheld. It shall however be noted that in some cases, the display or its withholding may not be ensured for technical reasons, which will depend on the network being roamed on. This is particularly true for calls from or to a third-party network or for SMS. 

11. Telephone abuse

The customer is responsible for the content of information which he transmits via, or has processed by Gymsim. The customer is responsible for using his mobile line in compliance with all legal and contractual provisions. Gymsim’s service shall not be used for criminal activities or offences. Reselling of services to third party by a customer shall be considered as abuse. Reselling by a customer is subject to the written approval of Gymsim. Such approval may be refused without any reason being given. In the event of justified indications of unlawful use of a mobile line, or if such use is reported by a competent authority, Gymsim may instruct the customer to use the mobile line in compliance with all legal and contractual provisions, suspend the provision of service, and/or invalidate the SIM card without notice and compensation. 

12. Gymsim’s liability

Gymsim is liable for damages caused on purpose or carelessly. In case of slight carelessness, they are liable exclusively for the personal damages, and basically not for the damages on material and assets. On no account Gymsim is liable for consequential damages, profit losses and data losses. Gymsim is also not liable for the damages caused by the use of its services or products against the law or the contract. In case of legal preconditions to liability, Gymsim is liable for material damages up to a maximum of the 15-fold amount of the compensation of the respective individual contract agreed upon, in case of damage of assets up to the value of the services obtained during the last contractual year. Should the customer use his/her mobile line to purchase goods or services from a third party, Gymsim shall not be a contracting party to such contract. Gymsim accepts no liability whatsoever and makes no guarantee in respect of the goods and services ordered or obtained via a mobile line, even if Gymsim handles the collection of third-party claims against the customer. 

13. Possible interference with medical equipment

The electromagnetic fields generated by a mobile phone may interfere with the correct functioning of other equipment, such as hearing aids or pacemakers. To prevent such interferences, the manufacturers’ safety measures should be observed. The customer is responsible for obtaining information on prohibited and restricted use and for obeying such rules. 

14. Other stipulations

The customer may transfer rights and obligations arising from this contract to third parties only with the prior written approval of Gymsim. Gymsim is entitled to transfer this contract to third parties without the consent of the customer, provided it is permitted according to the law. 

15. Intellectual property rights

For the duration of the contractual relationship, Gymsim grants the customer a non-transferable and non-exclusive right to use the services and products provided by Gymsim in accordance with these Conditions. Gymsim or the licensor retains all the rights to the related intellectual property rights. 

16. Choice of law and jurisdiction

This contractual relationship shall be subject to the application of  Gibraltar substantive law, excluding the United Nations Convention on Contracts for the International Sale of Goods, dated in Vienna on April 11, 1980. The exclusive place of jurisdiction for all disputes arising out of or in connection with this agreement shall be Gibraltar, subject to mandatory places of jurisdiction under federal law.

17. Delivery Information

Dispatch time

Items are normally despatched from our UK offices same day if ordered before 1pm UK time. Orders are not processed on Saturday or Sunday.

Address accuracy

The delivery reliability is dependant on the accuracy of your address, please double and triple check the address and spelling is correct. Please supply us with a telephone number that you can be contacted on so that we, or the delivery company, can call you if there is a problem. We are not responsible for a Sim card that does not arrive due to incorrect delivery information, a replacement Sim will be charged in full.

Signing a delivery

For deliveries that need to be signed to be received, please make sure there will be someone available to receive the item. Items that are unable to be delivered will be held at a local postal depot for up to 2 weeks and a note left at the delivery address to indicate how to pick the package up.

Delivering to Marinas and Agents

If delivering to an agent or Marina - Please make sure they know to expect a package from you, the yacht name must be clearly marked and that the correct c/o contact names are used. Be specifically diligent with Marina addresses, packages tend to not make it or go missing more regularly in Marina offices.

VAT

Sim cards are normally VAT exempt as a Sim chip itself is generally a “0” value product. Products shipped out of the European community normally have VAT levied on them at 17.5%-20% payable by the receiver.

Delivery Delays

If your order does not arrive in the allocated time frame it is recommended to check the tracking number if one is available and give the order 2-3 more days to arrive to compensate for any postal delays. If it still hasn’t arrived after 2-3 days then immediately contact support. Click here For FedEx please refer to the tracking number to identify the delay before contacting us.

Support

If you need a tracking number for your delivery, have not received your goods, or wish to re-direct your products, contact support or click here