These General Conditions of Use (hereinafter " GCU ") are concluded between KOLET, a simplified joint stock company with a share capital of 1,250.25 euros, registered in the Paris Trade and Companies Register under number B 981 094 261, located at 6 rue d'Armaille 75017 Paris, (hereinafter " KOLET ") on the one hand and the User on the other.

The purpose of these GCU is to set out the contractual provisions relating to the respective rights and obligations of the Parties in the context of the use of the Kolet Application published by KOLET (hereinafter the " Application ") and the Site published by KOLET accessible at the following address: https://www.kolet.com/fr (hereinafter the " Site ").

The User is clearly informed and acknowledges that the Application and the Site are intended for consumers only.

These GCU are not intended to govern the sale of Plans by KOLET on the Application and the Site. These transactions will be governed by the General Terms and Conditions of Sale.

IMPORTANT : any use of the Application or the Site for any purpose whatsoever implies the User's unreserved acceptance of these Terms and Conditions of Use.

The terms used below have the following meanings in these Terms and Conditions of Use:

● " Application ": refers to the Kolet mobile application available free of charge on the App Store and Google Play Store. The Application brings together all the pages, Services and functionalities offered to Users by KOLET.

● " Customer ": refers to the KOLET co-contractor who guarantees to have the status of consumer as defined by French law and jurisprudence, and who orders a Plan. In this respect, it is expressly stipulated that the Customer is a natural person acting for purposes that do not fall within the scope of his/her commercial, industrial, craft, liberal or agricultural activity.

● "Order ": refers to the ordering of Plans by a Customer on the Application or on the Site.

● " Account ": refers to the interface hosted on the Application in which all the data provided by the Customer is grouped, enabling the Customer to benefit from the Application's Services.

● " General Conditions of Use " or " GCU ": refers to the present contractual conditions made available on the Application and on the Site and governing the use of the latter by any Internet user.

● "General Sales Conditions " or " GSC ": refers to the contractual conditions governing the Ordering of Plans from KOLET.

● " Content ": refers to all information, texts, logos, trademarks, animations, drawings and models, photographs, data, hypertext links and generally all KOLET elements and content published on the Platform.

● " Parties ": in the plural refers together to KOLET and the User. In the singular, refers to only one of the two Parties.

● "Plans": refers to prepaid eSIM service plans allowing Customers to connect their device to the Internet.

● "Platform" : refers to both the Application and the Site.

● " Services ": refers to all the functionalities and services offered on the Application and the Site to Users.

● " Site ": refers to the website published by KOLET accessible at the following address: https: //www.kolet.com/fr

● " User ": refers to any person accessing the Application or the Site and browsing the Application, whether a Customer or an ordinary Internet user.

Use of the functionalities and Services implies acceptance of these GCU.

By accepting these GCU, the User undertakes to comply with the various obligations set out herein.

The User undertakes to read these Terms and Conditions of Use carefully when accessing the Platform.

On the Application, these GCU are referenced in the "About" tab of the FAQ and can be consulted at any time.

On the Site, these GCU are referenced at the bottom of each page by means of a hypertext link and can thus be consulted at any time.

By using the Platform, the User acknowledges that he/she has the necessary means and skills to use the functionalities offered.

The equipment required to access and use the Platform is at the User's expense, as are any telecommunications charges incurred by its use.

In order to benefit from the Services offered on the Application, the User must first follow the steps described below.

In order to benefit from the Services offered on the Application, the User must download the Application free of charge onto his/her device from the App Store or Google Play Store.

To benefit from the Services, the User must register on the Application and create an Account.

Registration on the Application is free of charge.

To open an Account, the User must :

- Enter his/her e-mail address

- Enter the unique code received at the e-mail address

Any incomplete registration will not be validated, which the User acknowledges and accepts.

The User undertakes to provide KOLET with accurate, fair and up-to-date data, which does not infringe the rights of third parties in any way whatsoever, and to communicate to KOLET any necessary updates to the data communicated at the time of registration.

The User undertakes to immediately update this information in his/her Account in the event of modifications, so that it always corresponds to the aforementioned criteria.

The registration of a User automatically leads to the opening of an Account in his/her name.

KOLET undertakes to keep securely all contractual elements whose retention is required by the law or regulations in force.

The User may close his/her Account at any time by clicking on the "Delete my account" tab on the Application.

KOLET will deactivate the Account as soon as possible.

From the Application and/or the Site, the User may access the various Services offered by KOLET.

From the Platform, the User may place an Order for Plans in accordance with the General Terms and Conditions of Sale.

By placing an Order on the Application or on the Site, the User will have the status of Customer.

From the "Need help?" tab on the Application and the "Help Center" tab on the Site, the User can consult the KOLET FAQ and the various articles made available.

The User can send messages directly to the KOLET team from the Application and the Site.

The Customer may access the tutorials made available on the Application by KOLET.

Any travel professional may contact KOLET via the contact form available from the "Become a Partner" tab on the Site.

Sponsorship functionalities are only available on the Application.

The use of multiple e-mail addresses by a Customer in order to benefit from the advantages of sponsorship is strictly forbidden. In the event of improper use of the sponsorship program, KOLET reserves the right to terminate these conditions by operation of law, which will immediately put an end to the availability of the sponsorship benefit.

The Customer may sponsor another User. To do so, the Customer can find his sponsorship code (which he can share with his godchildren) in the "sponsor your friends and family" tab on the Kolet application.

The sponsor may send his sponsorship code to his sponsored friends by any means.

In accordance with the details given on the Application, the Sponsor will receive a discount or loyalty benefit when the first paying Plan purchased by the Referred Friend expires, if the Referred Friend has not requested a partial or total refund. In other words, the benefit will not be granted to the Referrer until the Referred Friend has purchased a Plan and that Plan has expired.

The sponsor may sponsor as many godchildren as he or she wishes.

The sponsored customer must never have ordered a Plan from KOLET.

By entering their sponsorship code when paying for their Order on the Application, the sponsored Customer will be able to benefit from a discount or loyalty advantage specified on the Application, to be used on their first Order placed on the Application.

At any time, the User can rate the Application, by assigning from one to five stars.

In this respect, the Customer may evaluate the Plan Order by assigning a rating and/or a comment.

In the context of the dissemination of online notices on the Site, KOLET hereby expressly undertakes to provide Users with fair, clear and transparent information on the methods of publication and processing of notices placed online. In this respect, KOLET undertakes in particular to display the date of the notice and any updates.

In this respect, it is specified that KOLET does not carry out any a priori moderation of reviews.

However, in the event of control exercised over reviews, KOLET undertakes to ensure that the processing of personal data carried out in this context complies with law n°78-17 of January 6, 1978 relating to data processing, files and freedoms as amended and the RGPD.

Notices are published within one (1) month of their collection.

A notice will be kept on the Site for a maximum period of three (3) years from the date of publication.

Users can view all relative reviews available on the Site.

KOLET provides a free function that allows any User to report a problem with a review.

Any User wishing to contact KOLET about a particular review should write to the following address: [email protected]

A posteriori, and in the event of a relevant report, KOLET undertakes to delete an opinion insofar as it does not comply with these General Conditions of Use or contains content that is defamatory, abusive, insulting, malicious, incites violence or hatred, racist, unlawful, discriminatory, invasive of privacy or image rights or inappropriate in any way whatsoever.

When using the Platform and Services, each User undertakes not to undermine public order, to comply with the laws and regulations in force and to respect the rights of third parties and the provisions of these GCU.

In particular, each User is obliged to:

- Behave loyally towards KOLET;

- Be honest and sincere in the information provided to KOLET;

- To use the Services and the Platform in accordance with its purpose as described in these GCU;

- Not divert the purpose of the Services and the Platform to commit crimes, misdemeanors or contraventions punishable by the penal code or any other law;

- Respect the privacy of third parties and the confidentiality of exchanges;

- Respect KOLET's intellectual property rights relating to elements of the Services and the Platform;

- Not to seek to undermine, within the meaning of Articles 323-1 et seq. of the French Penal Code, the automated data processing systems implemented on the Platform, in particular through practices such as scrapping;

- Not to modify the information put online by KOLET;

- Not to use the Services and Platform to send unsolicited mass messages (advertising or other);

- Not to disseminate data that would diminish, disorganize, slow down or interrupt the normal operation of the Services and the Platform.

In compliance with the legal and regulatory provisions in force and in accordance with the law of 29 July 1881 relating to freedom of the press, the User undertakes not to disseminate any message or information :

- Constitute wrongful denigration of KOLET or, where applicable, other Users of the Services and Platform;

- Contrary to public order and morality;

- Of an abusive, defamatory, racist, xenophobic or revisionist nature, or which may harm the honor or reputation of others;

- Inciting discrimination or hatred of a person or group of people on the grounds of their origin or their membership or non-membership of a particular ethnic group, nation, race or religion;

- Threatening a person or group of people;

- Of a pedophilic nature;

- Inciting to commit an offence, a crime or an act of terrorism or glorifying war crimes or crimes against humanity;

- Inciting suicide;

- Directly or indirectly enabling third parties to obtain pirated software, software serial numbers, software enabling acts of piracy and intrusion into computer and telecommunications systems, viruses and other logic bombs, and in general any software or other tool enabling infringement of the rights of others and the security of persons and property;

- of a commercial nature (canvassing, soliciting, prostitution, etc.).

The User uses the Platform and Services under its sole and exclusive responsibility.

KOLET's general obligation is an obligation of means. KOLET has no obligation of result or reinforced means of any kind.

KOLET undertakes to do everything in its power to ensure continuity of access to and use of the Platform 7 days a week, 24 hours a day.

However, KOLET draws the attention of Users to the fact that current Internet communication protocols do not allow the transmission of electronic exchanges (messages, documents, identity of sender or recipient) to be guaranteed in a certain and continuous manner.

The User is solely responsible for his/her use of the Services and the Platform.

In particular, the User is solely liable for any damage resulting in whole or in part from:

- Misuse of the Services or the Platform, including negligence;

- Intrusion or fraudulent use of the Services or the Platform by a third party using his or her own device;

- The equipment used to access the Services and the Platform.

KOLET declines all responsibility in particular:

- In the event of temporary inability to access the Platform or Services for technical maintenance operations or updating of published information. KOLET will do its utmost to inform Users of any interruptions to Services. Users acknowledge that KOLET may not be held liable in the event of malfunctions or interruptions of said transmission networks;

- In the event of viral attacks, illicit intrusion into an automated data processing system;

- In the event of abnormal use or illicit exploitation of the Services by a User or a third party;

- In the event of non-compliance with these GCU attributable to Users;

- In the event of delay or non-performance of its obligations, when the cause of the delay or non-performance is linked to a case of force majeure as defined in article 11 of these GCU;

- In the event of a foreign cause not attributable to KOLET;

- In the event of unlawful action by another Platform User.

In the event of abnormal use or illicit exploitation of the Services or the Platform, the User shall be solely liable for any damage caused to third parties and for the consequences of any claims or actions that may arise therefrom.

Users acknowledge that KOLET has the status of host. In this capacity, KOLET reserves the right to remove any Content that has been reported to it and that it considers to be manifestly unlawful within the meaning of article 3 DSA, i.e. " any information which, in itself or in relation to an activity, including the sale of products or the provision of services, does not comply with Union law or with the law of a Member State which complies with Union law, whatever the precise purpose or nature of that law ".

Notification of such Content must be made using the form dedicated to this purpose on the Platform, which meets the requirements of article 16 of the DSA(hereinafter the " Notification" ). Users are strongly recommended to duly complete this form in order to enable KOLET to have effective knowledge of the contested Content and the justifications enabling it to consider whether such Content is unlawful.

Furthermore, the User undertakes in this context to send a Notification in good faith affirming that the information provided in this form is accurate and complete.

Upon receipt of the Notification, KOLET undertakes to make a Decision concerning the information to which the Notification relates, in a timely, diligent, non-arbitrary and objective manner(hereinafter the " Decision" ). The User will also be informed if the Decision has been made using automated means.
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In any event, KOLET undertakes to:

● Acknowledge receipt of the User's Notification and inform the User of its Decision taken on the Content reported, if electronic contact details have been specified by the User;

● Inform the author of the Content of its Decision;

● Inform the User (the authors of the Notification and of the said Content) of the possible avenues of appeal of its Decision and in particular access to an internal system for handling complaints.

With the exception of misleading and widely distributed commercial Content, each Decision taken by KOLET will be accompanied by a clear and specific statement of reasons in particular when it entails:

● A restriction of visibility of the said Content ;

● Suspension of all or part of the Services offered on the Platform.

In the event of Content leading to suspicion that a criminal offence posing a threat to the life or safety of one or more persons has been committed, is being committed or is likely to be committed, KOLET will promptly inform the competent law enforcement authorities.

KOLET may not be held liable if the non-performance or delay in performance of any of its obligations described in these GCU is due to force majeure.

Unforeseen Circumstances in contractual matters occurs when an event beyond the debtor's control, which could not reasonably have been foreseen when the contract was concluded and the effects of which cannot be avoided by appropriate measures, prevents the debtor from fulfilling its obligation.

If the impediment is temporary, performance of the obligation is suspended unless the resulting delay justifies termination of the contract. If the impediment is definitive, the contract is terminated ipso jure and the parties are released from their obligations under the conditions set out in articles 1351 and 1351-1 of the French Civil Code.

In the event of one of the aforementioned events, KOLET will endeavour to inform the User as soon as possible.

The User acknowledges KOLET's intellectual property rights to the Platform, its components and related Content and waives the right to contest these rights in any form whatsoever.

The trademarks, logos, slogans, graphics, photographs, animations, videos, software solutions and texts and any other Content on the Platform are the intellectual property of KOLET and may not be reproduced, used or represented without express authorization, under penalty of legal action.

In some cases, these Contents are not the property of KOLET, but KOLET has obtained express authorization to use them or may use them in accordance with applicable legislation.

Any representation or reproduction, in whole or in part, of the Services, the Platform or its Contents, by any process whatsoever, without the express prior authorization of KOLET is prohibited and shall constitute an infringement punishable by the provisions of the Intellectual Property Code.

In particular, KOLET expressly prohibits

- Extraction, by permanent or temporary transfer of all or a qualitatively or quantitatively substantial part of the contents of its database to another medium, by any means and in any form whatsoever;

- Reuse, by making available to the public all or a qualitatively or quantitatively substantial part of the contents of the database, in any form whatsoever;

- Reproduction, extraction or reuse, by any means, including methods similar to scrapping of Content (photographs, description etc...) published by KOLET.

Acceptance of these GCU implies recognition by Users of KOLET's intellectual property rights and a commitment to respect them.

KOLET grants a personal, non-exclusive and non-transferable license to Users authorizing them to use the Platform and the information it contains in accordance with these GCU.

Any other use of the Platform and its Contents is excluded from the scope of this license and may not be made without the express prior authorization of KOLET.

Any consumer has the option of registering free of charge on the BLOCTEL telephone cold calling opposition list https://www.bloctel.gouv.fr/

In accordance with law no. 2020-901 of July 24, 2020 aimed at regulating telephone canvassing and combating fraudulent calls, any professional reserves the right to canvass a consumer registered on the telephone canvassing opposition list when solicitations are involved in the performance of a current contract and are related to the subject of said contract, including when the purpose is to offer the consumer products or services related to or complementary to the subject of the current contract, or likely to improve its performance or quality.

The User is invited to consult KOLET's Privacy Policy, accessible here, which will provide further information on the protection of personal data, the processing carried out by KOLET and the procedures for exercising rights.

Any written complaint from the User must be sent by :

- E-mail to help@kolet.com;

- chat available on the Site or the Application; or

- Mail to the following address KOLET - 6 rue d'Armaille 75017 Paris

If any provision of these GTCU is declared null and void by any applicable law or regulation and/or by any court decision having the force of res judicata, such provision shall be deemed unwritten, but shall not affect the validity of the remaining provisions, which shall remain in full force and effect.

Any such modification or ruling shall in no way authorize Users to disregard these General Terms of Use.

These GCU apply to all Users browsing the Platform.

The GCU may be modified and updated by KOLET at any time, in particular to adapt to changes in legislation or regulations.

The applicable GCU are those in force at the time of browsing the Platform.

The fact that one of the Parties has not required the application of any clause of these GCU, whether permanently or temporarily, shall in no case be considered as a waiver of the said clause.

In the event of any difficulty of interpretation between any of the headings appearing at the head of the clauses and any of the clauses, the headings will be declared non-existent.

THESE GENERAL CONDITIONS OF USE, THEIR EXECUTION AND INTERPRETATION, AND THE RELATIONS BETWEEN THE PARTIES ARE GOVERNED BY FRENCH LAW.

IN THE EVENT OF ANY DISPUTE, THE FRENCH COURTS SHALL HAVE EXCLUSIVE JURISDICTION.

However, prior to any recourse to an arbitral or state judge, the User is invited to contact KOLET's user service.

If no agreement is reached, or if the User justifies having previously attempted to resolve his/her dispute directly with KOLET by means of a written complaint, an optional mediation procedure will be proposed, conducted in a spirit of loyalty and good faith, with a view to reaching an amicable agreement in the event of any conflict relating to this contract, including one concerning its validity.

To initiate this mediation, the User may contact the KOLET mediator referenced in the General Sales Conditions.

Consumers may also use the European platform for online dispute resolution, accessible at the following address

https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=FR

The Party wishing to implement the mediation process must first inform the other party by registered letter with acknowledgement of receipt, indicating the elements of the conflict.

Since mediation is not compulsory, the User or KOLET may withdraw from the process at any time.

IN THE EVENT THAT MEDIATION FAILS OR IS NOT ENVISAGED, THE DISPUTE WHICH MAY HAVE GIVEN RISE TO MEDIATION SHALL BE REFERRED TO THE COMPETENT COURT DESIGNATED ABOVE.

IMPORTANT : any purchase of eSIM Service Plans made on the Site or on the Application implies the Customer's unreserved acceptance of these General Terms and Conditions of Sale.

These General Terms and Conditions of Sale (hereinafter the " GTC ") apply to any Order for prepaid eSIM Service Plans enabling Customers to connect their device to the Internet, placed by a consumer customer (hereinafter the " Customer ") with KOLET, a simplified joint stock company with share capital of 1.250.25 registered in the Paris Trade and Companies Register under number B 981 094 261, located at 6 rue d'Armaille 75017 Paris, (hereinafter " KOLET") from the website https://www.kolet.com/fr (hereinafter the " Site ") or the KOLET Application (hereinafter the " Application ").

It is expressly specified that KOLET does not provide telephone numbers, nor the possibility of making or receiving voice telephone calls (including calls to emergency numbers) or sending or receiving SMS messages.

The Customer is clearly informed and acknowledges that the Site and the Application are intended for consumers only. The Customer undertakes to order on the Site or the Application and to use the Data Plans ordered solely for personal use. Any use of the services for commercial purposes is prohibited.

In these General Terms and Conditions of Sale, the terms used below have the following meanings:

● " Application ": refers to the Kolet mobile application available free of charge on the App Store and Google Play Store.

● " Customer ": refers to the KOLET co-contractor who guarantees to have the quality of consumer as defined by French law and jurisprudence and who orders a Plan. As such, it is expressly provided that the Customer is a natural person acting for purposes that do not fall within the scope of his commercial, industrial, artisanal, liberal or agricultural activity.

● "Order ": refers to the ordering of Plans by a Customer on the Application or on the Site.

● " Account ": refers to the interface hosted on the Application in which all the data provided by the Customer is grouped together, enabling the Customer to benefit from the services of the Application.

● " General Conditions of Use " or " GCU ": refers to the contractual conditions made available on the Application and the Site, governing their use by any Internet user.

● "General Sales Conditions " or " GSC ": refers to the present contractual conditions governing the Ordering of Plans from KOLET. The GSC are concluded between KOLET and the Customer.

● " Parties ": in the plural, refers together to KOLET and the Customer. In the singular, refers to only one of the two Parties.

● "Plans": refers to prepaid eSIM service plans allowing Customers to connect their device to the Internet.

● "Platform" : refers together to the Application and the Site.

● " Site ": refers to the Site published and operated by KOLET accessible at the following address https://www.kolet.com/fr .

The Customer undertakes to read these General Terms and Conditions carefully and to accept them expressly, before proceeding with the payment of an Order for Plans on the Platform.

The present GTC are referenced at the bottom of each page of the Site by means of a hypertext link and can thus be consulted, downloaded and printed at any time.

On the Application, these GTC are referenced in the Profile > FAQ > "About" tab and can thus be consulted at any time.

KOLET advises the Customer to read the GTC on each new Order, as the latest version of the GTC applies to all new Orders.

By ticking the box "I accept the general terms and conditions of sale and the general terms and conditions of use" when placing an Order, the Customer acknowledges having read, understood and accepted the General Terms and Conditions of Sale without limitation or condition.

By placing an Order for Plans on the Platform, the Customer acknowledges that he/she has the necessary means and skills to use them.

The equipment required to access and use the Plans ordered is the responsibility of the Customer.

To this end, the Customer must have an eSIM-compatible device. Device eSIM compatibility depends on the device manufacturer (e.g. Apple, Samsung, Huawei) and the version of the device the Customer owns.

Before placing an Order on the Platform, the Customer must ensure that his or her device is eSIM compatible.

The customer has three options:

-Access the KOLET Application: if the customer sees an error screen, their device is not eSIM compatible.

Search for your device in the list of eSIM-compatible devices, which is updated every month and can be accessed here.

-Check manually in your device settings.

Customers can also carry out a quick check by clicking on the " check if my device is eSIM compatible " tab on the Site, which is available when they place their Order. By indicating the brand and version of their device, they will be able to determine whether an eSIM can be used.

In any event, the customer also undertakes to check that his or her device is not locked to a specific operator. Most locked devices are generally those purchased directly from a mobile operator who has implemented a device locking policy, due to the associated rental contract. For more details, click here

Any roaming charges incurred by the Customer on his local number, particularly in the event of an error made when configuring the settings on his device, remain at the Customer's expense.

To be able to order a Plan on the Platform, the Customer must have legal capacity or authorization from his legal representatives and be a consumer within the meaning of the preliminary article of the French Consumer Code.

KOLET undertakes to present in a clear, legible and comprehensible manner the essential characteristics of the Plans and the mandatory information that the Customer must receive under applicable law.

KOLET may restrict the availability of offers in certain countries.

The Customer undertakes to read this information carefully before placing an Order on the Site or the Application.

Through the Platform, KOLET markets eSIM Service Plans.

The eSIM is the equivalent of a physical but virtual SIM card, allowing Customers to purchase data Plans on the Site or the Application and use them directly on their devices.

Kolet eSIM data packages are offered as is, and no further modification or customization can be made on the basis of individual requests once the purchase has been made.

Upon Ordering on the Site or on the Application, the Plan will be immediately available to the Customer upon activation.

KOLET only markets Data Plans, without providing the Customer with a telephone number, nor the ability to make or receive voice telephone calls (including calls to emergency numbers) or to send or receive SMS messages. The Customer may, however, call via Voice over IP (VoIP) applications such as WhatsApp, Viber, Skype or Lime where networks and regulations allow.

For all the Plans, the Customer will find on the Site prices displayed in euros inclusive of all taxes.

In particular, prices include Value Added Tax (VAT) at the rate in force on the Order date. Any change in the applicable rate may have an impact on the price of the Plans from the date on which the new rate comes into force.

Prices may be modified in the event of offers (promotional codes) or special sales.

Prices are valid unless there is a gross error. The applicable price is that indicated on the Platform on the date the Order is placed by the Customer.

Orders for Plans are placed directly on the Platform. To place an Order, the Customer must follow the steps described below.

After downloading the Application and registering in accordance with article 5 of the General Terms of Use, the Customer may Order a Plan by clicking on "buy data" or directly from the "Shop" tab of the Application.

The Customer must then select the country of destination.

At this stage, the Customer can directly purchase a Plan by choosing one of the offers proposed.

The Plan Order is valid for one (1) year. The benefit of the Plan may be lost at the end of this period, without refund.

Plan offers differ according to the duration of Plan availability and the quantity of data offered.

Once the Plan has been selected, the Customer may continue and finalize his Order.

From the Site, Customers can select their destination country, either by entering the country of their choice directly into the search engine available on the Site's home page, or by going to the Site's "Destinations" tab.

Depending on the country chosen, the Customer must select the offer of his choice by clicking on the relevant Plan.

Le Client may benefit from promotional offers granting advantages of various kinds (free consumption volume for a limited period, price reduction, etc.).

These advantages will be applied according to the terms and conditions specified to the Customer at the time of Ordering, depending on the nature of the said advantage or the partnership in progress providing for it.

To benefit from these advantages, the Customer must indicate his/her e-mail address, telephone number and departure date.

Where applicable, these benefits may also apply to your cotravelers.

In the case of a welcome offer, the Customer may benefit only once.

In any case, the use of multiple e-mail addresses by the same Customer in order to benefit several times from a single promotional offer is strictly forbidden.

The Customer may not use a temporary or single-use e-mail address to benefit from a promotional offer.

In the event of misuse of the promotional offer (e.g. use more than once by the same person or the same device or the same e-mail address of the said offer, use of a temporary or single-use e-mail address), KOLET reserves the right to terminate these conditions by operation of law, which will put an immediate end to the availability of the service provided under this offer.

It is also specified that promotional offers will only be available to people traveling abroad. Under no circumstances may they be used by consumers in their local market.

KOLET reserves the right to terminate these conditions by operation of law if it finds that this is the case, which will put an immediate end to the availability of the service provided under this offer.

In the event that the promotional offer is not activated within 90 days of the order, KOLET reserves the right not to provide the service associated with said offer.

At the end of the duration of the offer expressly indicated at the time of the Order, the Customer will no longer be able to use the Plan associated with this offer.

Finally, to access other Plans, the Customer must place an Order on the Site in accordance with the provisions detailed below, or directly on the Application.

To place an Order for a Paid Plan on the Site, the Customer must enter his/her e-mail address .

The Plan Order is valid for one (1) year. The benefit of the Plan may be lost at the end of this period, without refund.

Plan offers differ according to the duration of Plan availability and the quantity of data offered.

Once the Plan has been selected, the Customer may continue and finalize the Order.

The Customer will then be able to pay for the Plan Order by the chosen method of payment, by following the instructions on the Site or on the Application and by providing the necessary billing information.

In order to use a code during payment, the Customer must place an Order on the Application.

Once all the steps described above have been completed, a page appears on the Platform to acknowledge receipt of the Customer's Order.

A copy of the Order acknowledgement is automatically sent to the Customer by e-mail, provided that the e-mail address communicated via the registration form is correct.

The summary is also available on the Application in the Profile > My Purchases tab.

The Order summary and the confirmation e-mail may be saved and printed by the Customer.

During the Order procedure, the Customer must enter the information required for invoicing.

In particular, the Customer must specify the chosen method of payment.

The Customer may obtain an invoice by contacting KOLET customer service at [email protected].

The date of the Order is the date on which KOLET acknowledges online receipt of the Order, the date on which the Customer pays for the Plan on the Platform.

To access the Plan, the Customer must download the Kolet Application available on the App Store and Google Play Store.

If the eSIM card has not already been installed, the Customer must then install the eSIM directly so that the Data Plan can be configured in accordance with the Customer's Order. This installation operation requires a stable internet connection.

The service will be accessible immediately after successful installation of the eSIM card and activation in the destination country of the data plan associated with the eSIM card.

It is specified that the Customer must use the eSIM card on the device on which he has logged on.

The installed eSIM will remain on the Customer's device after the expiry of the validity period of the Plan indicated at the time of the Order.

At any time, the Customer can delete the eSIM in the settings of his device.

In the event of installation difficulties, the Customer is invited to contact KOLET in accordance with the procedures specified in article 14 of these GTC.

Each use of the Data Plan by the Customer will be rounded to the nearest megabyte.

Access to the service will terminate either at the end of the validity period of the Plan indicated at the time of the Order, or at the end of the total consumption of the Plan, whichever comes first.

It is specified that data not consumed before the expiry of a Plan is lost and is not refundable.

Before the expiry of the Plan or at the end of the validity period of the Plan ordered, the Customer may recharge and/or purchase a new Plan from the Site or on the Application.

In the event of loss, theft or change of device, KOLET will not reimburse the Customer for the Plan Order. By downloading the Kolet Application on a new device, the Customer will be able to continue to use the Plan from the Application after reinstalling an eSIM.

At the end of an Order, if the Customer has not installed his eSIM on his device, or if he has installed his eSIM but the Data Plan is not activated, he may obtain a full refund of his Order. Only the amount of the Order may be refunded.

The request for full reimbursement must be sent by e-mail to [email protected], within a maximum period of thirty (30) days from the Ordering of the Plan on the Site.

Beyond this period of thirty (30) days from the Ordering of the Plan on the Platform, the request for reimbursement may not be taken into account by KOLET.

On receipt of the request for reimbursement, KOLET will have five (5) working days to check the eligibility of the request and confirm the reimbursement to the Customer.

Reimbursement will be made within a maximum of thirty (30) days, using the same means of payment as that used for the Order.

A partial refund of the Order may be considered in the event that the Plan has been activated but the data remains unused (i.e. less than 1% of data consumed).

In principle, distance selling contracts entitle the consumer to a right of withdrawal within fourteen (14) days of conclusion of the contract. However, there are exceptions to this principle, provided for in article L.221-28 of the French Consumer Code, notably in the case of immediate services.

As prepaid eSIM service plans enabling customers to connect their device to the Internet are an immediate service, the customer expressly agrees to waive his right of withdrawal within the 14-day period, provided that use of the plan has begun before the 14-day period has expired, in accordance with article L.221-28-1 ° of the French Consumer Code.

Acceptance of the immediate commencement of the supply of the service and the express waiver of the right of withdrawal are formalized when the Order is validated.

The Customer may pay for his Order online on the Site or on the Application according to the means of payment offered by KOLET, namely:

● Either by credit card (including ApplePay and GooglePay) ;

● Or via FlyingBlue + in accordance with the contractual conditions available here

To use a promotional code, the Customer must place an order on the Application.

When he/she chooses his/her payment method, the Customer will be redirected to a secure area corresponding to this choice in order to proceed with the payment.

The Customer guarantees KOLET that he/she has all the necessary authorizations to use the chosen payment method.

KOLET takes all necessary measures to ensure the security and confidentiality of the data transmitted online within the framework of online payment on the Platform.

In case of a one-time payment by credit card, the Customer's account shall be debited as soon as the following has been made el Pedido del Plan en el Sitio.

En caso de que el banco se niegue a efectuar el cargo en una tarjeta bancaria, el Cliente deberá ponerse en contacto con KOLET Support para pagar el Pedido por cualquier otro medio de pago válido y aceptado.

In the event that, for any reason whatsoever, opposition, refusal or other, the transmission of the flow of money due by the Customer proves impossible, the Order will be cancelled and automatically terminated.

Any contract concluded with a consumer for an amount greater than 120 euros including VAT will be archived by KOLET for a period of ten (10) years in accordance with article L. 213-1 of the French Consumer Code.

KOLET thus agrees to archive this information in order to monitor transactions and produce a copy of the contract at the Customer's request.

In the event of a dispute, KOLET will be able to prove that its electronic tracking system is reliable and that it guarantees the integrity of the transaction.

Apart from the commercial warranties that KOLET may offer, all Customers benefit from the legal warranties detailed in Appendix 1 hereof.

For the purposes of this article, " Updates " means any Update or modification intended to maintain, adapt or develop the Plans offered, including security updates, whether or not such updates are necessary to maintain the conformity of the digital content or service, i.e. the conformity of the Plans ordered.

KOLET undertakes to inform the Customer of the Updates necessary to maintain the conformity of the Plans and to ensure that the Customer receives them during the period that the Customer may legitimately expect, having regard to the type and purpose of the product and taking into account the circumstances and the nature of these GTC, in the case of a one-off supply operation or a series of separate supply operations.

KOLET will specify to the Customer, for each Update required, the availability of the Update, the procedures for its installation and the consequences in the event of failure to install by the Customer.

KOLET shall not be liable for any lack of compliance caused by the Customer's failure to install or improper installation of the Update, unless such failure to install results from KOLET's failure to provide the above information or from material deficiencies in the installation instructions.

The Customer is hereby informed that KOLET undertakes to inform the Customer of any Updates which are not necessary to maintain the conformity of the Plans, and which allow, for example, the improvement or modification of the Plans or adaptation to technical developments.

These Updates and the date of their entry into force will be the subject of prior information, provided in a clear and comprehensible manner, reasonably in advance and by e-mail (or on any other durable medium).

Unnecessary Updates are carried out at no additional cost to the Customer.

Any Customer may refuse the non-necessary Update in question or, where applicable, uninstall it at a later date if it has a negative impact on his/her access to, or use of, the Plans.

Unless the Update has only a minor impact on the Customer, or KOLET allows the Customer to keep the Plans without the unnecessary Update, and provided that the Plans remain compliant, as defined in Appendix 1 of the GTS, the Customer may terminate these GTS by operation of law and at no cost to the Customer. However, the Customer must do so within a maximum of thirty (30) days.

Termination of the GCS terminates the Customer's access to the Plans concerned.

KOLET undertakes to do everything in its power to enable the Customer to use Kolet in the chosen destination country. The Customer is expressly informed that for the delivery of Plans, KOLET relies on local telecommunication operators in the destination chosen by the Customer. In this respect, KOLET ensures the activation of a telecommunication plan with a local operator, but cannot guarantee the quality of the connection in all the destination countries available on the Platform, since this availability depends on the said operators and not on KOLET. KOLET's role is limited to providing access to the services offered by local operators in order to use the Plans ordered on the Platform.

KOLET does not guarantee the conditions of network availability in the destination country chosen by the Customer.

KOLET may not be held liable in the event of non-execution or poor execution of contractual obligations attributable to the Customer, in particular when entering his/her Order.

KOLET may not be held liable in the event of errors made by the Customer when configuring the parameters of his/her device and in particular when these errors give rise to additional roaming costs with another Internet access provider other than KOLET.

The Customer accepts that the Plan will not be used to carry out a fraudulent operation. The Customer undertakes not to divert the services from their intended purpose, not to commit fraud and, more generally, not to undermine public order, and to comply with the laws and regulations in force. In the event of abnormal use of the Plan or illicit exploitation of the Plan, the Customer is solely responsible for damages and the consequences of any actions that may result. In this case, KOLET may be obliged to suspend use of the Plan and to initiate any procedure aimed at repairing the damage suffered.

It is also reminded that KOLET cannot be held responsible if the Customer's device is not eSIM compatible.

KOLET may not be held responsible, or considered as having failed to fulfil its obligations, for any delay or non-fulfilment of one of its obligations described in these GCS, when the cause of the delay or non-fulfilment is linked to a case of force majeure as defined by the jurisprudence of the French Courts and Tribunals.

It is further specified that KOLET does not control the websites that are directly or indirectly linked to the Platform. Consequently, KOLET excludes all liability for the information published there. Links to third-party websites are provided for information purposes only, and no guarantee is given as to their content.

KOLET may not be held liable if the non-performance or delay in performance of any of its obligations described in these GTC is due to force majeure.

Force majeure in contractual matters occurs when an event beyond the debtor's control, which could not reasonably have been foreseen when the GTC were concluded and whose effects cannot be avoided by appropriate measures, prevents the debtor from fulfilling its obligation.

If the impediment is temporary, performance of the obligation is suspended unless the resulting delay justifies termination of the GCS. If the impediment is definitive, the GCS are cancelled ipso jure and the parties are released from their obligations under the conditions set out in articles 1351 and 1351-1 of the French Civil Code.

In the event of an event having the characteristics of force majeure, KOLET will endeavour to inform the Customer as soon as possible.

All consumers have the option of registering free of charge on the BLOCTEL telephone anti-solicitation list https://www.bloctel.gouv.fr/

In accordance with law no. 2020-901 of July 24, 2020 aimed at regulating telephone canvassing and combating fraudulent calls, any professional reserves the right to canvass a consumer registered on the telephone canvassing opposition list when the canvassing takes place as part of the performance of a current contract and is related to the subject of said contract, including when offering the consumer products or services related to or complementary to the subject of the current contract, or likely to improve its performance or quality.

The Customer is invited to consult KOLET's Privacy Policy, accessible here, which will provide further information on the protection of personal data, the processing carried out by KOLET and the procedures for exercising rights.

Any written complaint by the Customer must be sent by :

- E-mail to help@kolet.com;

- chat available on the Site or the Application; or

- Mail to the following address KOLET - 6 rue d'Armaille 75017 Paris

Any change in current legislation or regulations, or any decision by a competent court invalidating one or more clauses of these GTCS, shall not affect the validity of these GTCS. Any such modification or decision shall in no way authorize Customers to disregard these GSC.

These GCS apply to all Customers, for all Orders placed online, as long as the Platform is available online.

The GTC are dated precisely and may be modified and updated by KOLET at any time. The applicable GTC are those in force at the time of the Order.

Modifications to the GCS will not apply to Plans already purchased.

The fact that one of the Parties has not demanded the application of any clause of these GCS, whether on a permanent or temporary basis, may in no case be considered as a waiver of the said clause.

In the event of difficulty of interpretation between any of the titles appearing at the head of the clauses and any of the clauses, the titles will be declared non-existent.

THESE TERMS AND CONDITIONS AND THE RELATIONSHIP BETWEEN THE CUSTOMER AND KOLET ARE GOVERNED BY FRENCH LAW.

IN THE EVENT OF A DISPUTE, THE FRENCH COURTS SHALL HAVE EXCLUSIVE JURISDICTION.

However, prior to any recourse to an arbitral or state judge, the Customer is invited to contact the KOLET complaints department.

If no agreement is reached, or if the Customer justifies having previously attempted to resolve his/her dispute directly with KOLET by means of a written complaint, an optional mediation procedure will be proposed, conducted in a spirit of loyalty and good faith, with a view to reaching an amicable agreement in the event of any dispute relating to the present contract, including one concerning its validity.

In application of article L.616-1 of the French Consumer Code, KOLET also informs the consumer of the contact details of the consumer mediator to which he/she belongs.

Consumers may also use the European platform for online dispute resolution, accessible at the following address

https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=FR

The Party wishing to initiate the mediation process must first inform the other Party by registered letter with acknowledgement of receipt, indicating the elements of the dispute.

Since mediation is not compulsory, either Party may withdraw from the process at any time.

IN THE EVENT THAT MEDIATION FAILS OR IS NOT ENVISAGED, THE DISPUTE WHICH MAY HAVE GIVEN RISE TO MEDIATION WILL BE REFERRED TO THE COMPETENT COURT DESIGNATED ABOVE.

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