General terms and conditions of business
These general terms and conditions govern the brokerage of digital toll products by DVE Digital Vignette Europe GmbH. The actual issuer of the vignettes/toll products is the toll office in the respective country.
By purchasing a toll product through our platform, a separate legal relationship is established between the service user (customer) and the issuer. This legal relationship is governed exclusively by the general terms and conditions of the respective toll stations. These can be viewed at: https://shop.asfinag.at/de/infoseiten/allgemeine-nutzungsbedingungen/ (ASFINAG), https://edalnice.cz/wp-content/uploads/DE_Zahlungsbedingungen.pdf (SFDI), https://evinjeta.dars.si/de/politika-zasebnosti (DARS), https://www.roviniete.ro/ro/info/termeni-si-conditii-procedura-de-solutionare-a-petitiilor (Compania Nationala de Administrare a Infrastructurii Rutiere), https://nemzetiutdij.hu/api/uploads/e_vignette_agb_benutzer_2022_10_22_pdf_dd03547dbf.pdf (National Toll Collection Service Company), https://www.admin.ch/gov/de/start/rechtliches.html (Federal Customs Administration).
1. Offer from DVE Digital Vignette Europe GmbH
DVE Digital Vignette Europe GmbH, hereinafter also referred to as the "Service Provider," is a service provider with its registered office at Philippine-Welser-Straße 14, 86150 Augsburg, Germany. The company's managing director is Mr. Markus Markert.
Through the service provider's websites/online shops, customers (service users) can register their car (up to 3.5 t) and motorcycle license plates for the countries of their choice. This service allows service users to use toll roads and motorways in the selected countries.
DVE Digital Vignette Europe GmbH acts as an intermediary between the service user and the responsible national toll authority. When a service user uses the services of DVE Digital Vignette Europe GmbH, a contractual relationship is established between the service user and the respective official toll station in the country. For the intermediary service, the service user is obliged to provide DVE Digital Vignette Europe GmbH with a Fee (hereinafter "processing fee") The amount is stated during the ordering process. When placing an order, the service user must confirm that they have read the consumer information (including an explanation of the price structure) by checking an opt-in checkbox.
DVE Digital Vignette Europe GmbH registers the license plates in the official toll system of the respective countries, but does so on behalf of and at the expense of the service user. The costs incurred by using certain routes Vignette and/or toll fees DVE Digital Vignette Europe GmbH forwards the information to the responsible toll operators. Upon registration of the license plate number, the service user either purchases a "digital vignette" or pays a "digital section toll" at the official toll shop in the respective country. DVE Digital Vignette Europe GmbH does not act as an official sales partner of the toll operators, but rather as an independent service provider. The toll products are always issued by the official toll shop of the respective country (in Austria, for example, ASFINAG). The terms and conditions of the respective toll shop apply to the purchase of toll products.
- Obligations of the contracting parties
The service provider can only properly provide the service if the service user provides correct information about themselves, the vehicle, and in particular the license plate number. The service user bears sole responsibility for any incorrect or inaccurate information.
During the ordering process, the Service User enters the license plate number to be registered at least twice. If the Service User subsequently discovers that the license plate number was entered incorrectly, he or she may request a correction in text form (e.g.by email). However, a subsequent change is only possible if the registration process at the official toll station has not yet begun. Once the registration process has started, the originally entered data will be used and the license plate will be registered.
If incorrect or inaccurate information results in incorrect registration, a license plate change can only be requested under the conditions set by the official toll stations (e.g., ASFiNAG). However, the service provider cannot guarantee a successful change.
DVE Digital Vignette Europe GmbH reserves the right to exclude certain customers from future services. Furthermore, DVE Digital Vignette Europe GmbH reserves the right to initiate civil proceedings in the event of suspected fraudulent activity or misuse of the services.
- Fees and due dates
The prices displayed in the online shop are gross prices in euros, i.e., they include the applicable statutory sales tax. These are to be paid by the service user immediately after the contract is concluded. The prices consist of the official vignette and toll fees charged by the respective toll stations (e.g., ASFiNAG), as well as the processing fee charged by DVE Digital Vignette Europe GmbH.
- Conclusion of contract and content of the service
4.1 DVE Digital Vignette Europe GmbH offers its services on its websites/online shops, giving the service user the opportunity to submit an offer to the service provider. By ordering license plate registration, the service user declares their intention to enter into a contract with the service provider to register their license plate, but not to purchase a toll product. The contract to purchase the digital vignette or another toll product is concluded through DVE Digital Vignette Europe GmbH as an intermediary between the service user and the official toll provider (e.g., ASFiNAG). The contract between the service user and the service provider is only concluded when the service provider sends a written order confirmation to the service user; the contract between the service user and the official toll provider (e.g., ASFiNAG) is only concluded when the official toll provider completes the registration.
4.2 The service provided by DVE Digital Vignette Europe GmbH primarily includes the registration of service users' license plates at toll shops in the respective countries. Registration is completed as quickly as possible and usually without long waiting times. The service begins as soon as the service user completes the order process. Service users residing in Austria or with an Austrian license plate must click an opt-in checkbox to confirm and declare that they have read and accepted the General Terms and Conditions, the Consumer Information, and the Cancellation Policy.
Service users residing outside of Austria or without an Austrian license plate must expressly agree that the service will begin before the expiration of the withdrawal period, and that their right of withdrawal expires prematurely in accordance with Section 356 (4) of the German Civil Code (BGB). For this purpose, an opt-in checkbox containing the following declaration must be clicked: "I hereby expressly request and at the same time agree that you begin the commissioned service before the expiry of the withdrawal period.I understand that my right of withdrawal expires upon full fulfillment of the contract." In addition, the following opt-in checkbox must be clicked with the following content: "The issuer of the toll product is the respective toll provider (e.g. ASFINAG). The general terms and conditions (GTC) of the toll provider (e.g. ASFINAG) apply to the purchase of the toll product. With this order, I commission DVE Digital Vignette Europe GmbH (DVE) with the registration of the toll product and the execution of the payment processing. Our general terms and conditions, including the cancellation policy, apply to these services. and consumer information apply."
DVE Digital Vignette Europe GmbH will only provide the service if the corresponding consent has been granted and the ordering and payment processes have been completed. If payment is made after the selected start date of the toll product, registration will be processed as soon as possible. Retroactive registration of the license plate is not possible. Registration is considered complete as soon as the service user receives confirmation of registration in text form. From this point on, the service user is authorized to use toll roads based on the information provided. However, immediate or prompt registration cannot be guaranteed, as external influences may affect this. If the service user does not receive registration confirmation, they are obligated to contact customer support. The service provider assumes no liability if the service user uses toll roads without registration confirmation and receives fines for unauthorized use. The service user accepts the General Terms and Conditions by clicking the Opt In checkbox.
4.3 When ordering annual vignettes or annual road tolls, the service user can choose to automatically renew their license plate registration after the expiration date. This is done by clicking an opt-in checkbox. By activating automatic renewal, the service user receives a discount on the service fee applicable at the time of renewal. Future official prices for vignettes and toll products will be set by the respective official toll stations and may differ from the prices applicable at the time of the original order. By selecting automatic renewal, the service user agrees to any price changes, including the adjusted total costs consisting of the toll prices and the service fee.
The automatic renewal can be canceled by the service user by sending a written notice no later than 30 days before the start of the new validity period. Cancellation is no longer possible after this time.
However, if prices increase (either the price of vignettes or toll products, or the service provider's service fee), the service user may cancel the extension in writing within 14 days of notification. Cancellation is no longer possible after receipt of the registration confirmation, which will be sent no earlier than 15 days after notification. Should the official toll shop increase prices after registration, the service provider is entitled to subsequently charge the service user the difference.
- Scope of these Terms and Conditions and the statutory provisions
Any terms and conditions of the service user that conflict with these Terms and Conditions shall not apply. The law shall apply to all matters not regulated by these Terms and Conditions.
- Right of withdrawal - Cancellation policy
Information on the right of withdrawal
As a user of the service, you have the right to withdraw from the contract within 14 days without giving any reason. This period begins on the day the contract is concluded.
To exercise your right of withdrawal, you must inform us (DVE Digital Vignette Europe GmbH, Philippine-Welser-Straße 14, 86150 Augsburg, service@vignette-austria.at) by means of a clear statement (e.g., by post, fax, or email) of your decision to withdraw from this contract. You may use the attached sample withdrawal form for this purpose, but this is not mandatory. To meet the deadline, it is sufficient for you to send your notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of revocation
If you cancel the contract, we will reimburse you all payments made by you, including any 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), promptly and at the latest within 14 days from the day on which we received your notification of cancellation. We will use the same means of payment for the reimbursement that you used for the original transaction, unless expressly agreed otherwise. You will not be charged any fees for this reimbursement.
Replacement value
If you have requested that the provision of the service begin during the cancellation period, you are obligated to pay us a reasonable amount. This amount corresponds to the proportion of the services already provided up to the time of your cancellation in relation to the total scope of the contractually agreed service.
Right of withdrawal for customers outside Austria (with foreign residence and/or without Austrian license plate):
Premature expiry of the right of withdrawal
The right of withdrawal expires prematurely if the contract for the provision of services has been fully fulfilled and the performance of the service only began after your express consent as a consumer. At the same time, you must confirm that you are aware that the right of withdrawal expires upon full fulfillment of the contract. According to the judgment of the Regensburg Regional Court (case no. 1 HK O 1116/22, judgment of March 28, 2023), the service is deemed to have been provided as soon as the registration of the service user's identification code has been completed and confirmed to the user. In this case, the right of withdrawal expires prematurely.
Right of withdrawal for Austrian customers (resident in Austria and/or with an Austrian license plate):
For Austrian consumers, the right of withdrawal applies without restriction in accordance with Austrian case law.
Sample cancellation form
(If you wish to cancel the contract, please fill out this form and return it to us.)
To DVE Digital Vignette Europe GmbH, Philippine-Welser-Straße 14, 86150 Augsburg, service@vignette-austria.at:
I/we hereby revoke () the one from me/us () concluded contract for the purchase of the following goods ()/the provision of the following service (order number).
Ordered on ()/received on ().
Name of consumer(s):
Address of the consumer(s):
Signature of the consumer(s) (only if notification is made on paper):
Date:
(*) Delete as appropriate.
Fees for unauthorized chargebacks
In case of unauthorized chargebacks by the Service User, for example by filing a dispute with a payment provider, the Service Provider will send the Service User a reminder and at the same time demand the respective fees of the payment providers from the Service User: Mollie (including Giropay, Sofortüberweisung, EPS, Klarna etc.) 5 euros, credit card 15 euros, Paypal 5 euros.
- Miscellaneous
7.1 Information on dispute resolution pursuant to Article 14 paragraph 1 of the ODR Regulation: The European Commission offers a platform for out-of-court online dispute resolution (ODR platform), which you can find at www.ec.europa.eu/consumers/odr/main/index.cfm The email address of DVE Digital Vignette Europe GmbH can be found in our Legal Notice on our website (https://vignette-austria.at/pages/impressum)DVE Digital Vignette Europe GmbH is neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
7.2 The contractual relationship between the parties shall be governed exclusively by German law, excluding the UN Convention on Contracts for the International Sale of Goods.
7.3 The place of jurisdiction for claims arising from the contractual relationship between the service user and the service provider is the service provider's headquarters in Augsburg, Germany. If the service user is a consumer, the place of jurisdiction is the service user's place of residence. Exceptionally, the service provider's headquarters may also be the place of jurisdiction for a consumer if the service user does not have a general place of jurisdiction in Germany, has relocated their place of residence or habitual abode outside of Germany, or the service user's place of residence or habitual abode is unknown at the time the action is filed.
7.4 Amendments and additions to the contract between the service user and DVE Digital Vignette Europe GmbH, as well as any ancillary agreements, must be made in writing. This also applies to agreements that waive this requirement.
7.5 Should any provision of these Terms and Conditions be invalid, the validity of the remaining provisions shall remain unaffected.
