Effective date: 01 January 2025
Last updated: 01 January 2025
This EU Digital Content Waiver applies to all purchases of digital eSIM products offered by ToucanMobile.
1. Legal Basis
This waiver is provided in accordance with:
Directive 2011/83/EU of the European Parliament and of the Council (Consumer Rights Directive)
Article 16(m) – supply of digital content not supplied on a tangible medium
Under EU law, consumers generally have a 14-day right of withdrawal.
However, this right does not apply to digital content if specific conditions are met.
2. Nature of the Service
ToucanMobile provides digital eSIM data plans, which are:
delivered electronically
provisioned individually per user
capable of immediate installation and activation
Once delivered, an eSIM cannot be technically revoked or reused.
3. Express Consent to Immediate Performance
By completing a purchase on ToucanMobile, the user:
expressly requests immediate delivery of the digital eSIM
acknowledges that the service begins immediately after payment
understands that delivery may occur automatically and without delay
4. Waiver of the Right of Withdrawal
By giving express consent, the user acknowledges and agrees that:
once the digital eSIM is delivered or activated,
the 14-day right of withdrawal under EU consumer law is lost.
This waiver applies regardless of whether the eSIM is later used.
5. Mandatory Acceptance
Acceptance of this waiver is:
mandatory
required before payment
a condition for completing the purchase
Without accepting this waiver, the purchase cannot be completed.
6. Record of Consent
ToucanMobile records the user’s consent, including:
timestamp
order reference
consent text version
This record may be used as evidence in the event of a dispute, chargeback, or regulatory inquiry.
7. Relationship with Other Policies
This EU Digital Content Waiver forms an integral part of:
Terms of Service
Refund Policy
Privacy Policy
In case of conflict, this waiver prevails regarding withdrawal rights for digital content.
8. Contact
For questions regarding this waiver, contact: