terms-and-conditions
**Terms of Service for the E-Vignettes.pro Internet Service**
1. Provider / scope
1.1. Please read these General Terms and Conditions (GTC) carefully, as they are binding in the contractual relationship between you (referred to as ‘Customer’ below) and us. Divergent, additional or conflicting general terms and conditions of the Customer shall not apply, even if We do not expressly object to them.
1.2. The Customer is a consumer if the purpose of the goods and services is largely unconnected with any commercial or self-employed professional activity. In contrast, a businessperson is defined as any natural person or legal entity, or a partnership with legal capacity, who acts in the execution of their commercial or self-employed professional activity when entering into the contract.
2. Object
2.1. evignettes provides the websites evignettes.pro, through which the Customer can acquire goods and services for using roads requiring a vignette, in particular digital motorway vignettes (referred to as ‘E-Vignette’ below).
2.2. The nature and scope of the goods and services to be provided by e-vignettes.pro to the Customer depend on the regulations of the country for which the Customer wishes to acquire an E-Vignette.
2.3. The following applies to E-Vignettes for Hungary, Slovakia, the Czech Republic, Slovenia and Bulgaria:
The object of the contract is the sale of the proof, embodied in PDF format, that a toll has been paid for a specific motor vehicle, along with the resulting authorisation to use roads and transport infrastructure (e.g. bridges, tunnels) requiring a vignette (= property-related service). e-vignettes.pro itself purchases this service from the competent motorway operator or the competent sales outlet (referred to as ‘Competent Outlet’ below) in the name and for the account of e-vignettes.pro, and resells it to the Customer by issuing a proof in PDF format representing the E-Vignette.
2.4. The following applies to Switzerland:
The object of the contract is the Customer’s order to e-vignettes.pro, as technical service provider on behalf and for the account of the Customer, to register a specific motor vehicle in the Competent Outlet’s electronic database for a specific period of validity, and thus to pay the toll that entitles the Customer to use roads requiring a vignette. In this case, e-vignettes.pro itself does not purchase the service from the toll operator, but is merely a technical service provider that performs the registration in the motorway operator’s digital toll system on behalf and for the account of the Customer. e-vignettes.pro owes the Customer only the performance of registration as an electronic service, but not the delivery of an E-Vignette as physical proof that a toll has been paid for a specific motor vehicle. In this case, e-vignettes.pro itself will not issue an E-Vignette in PDF format; instead, the Competent Outlet will issue a document confirming vehicle registration in the toll system after registration has been completed, which e-vignettes.pro will forward to the Customer as part of the registration service.
2.5. Goods and services as described in section 2.3. shall be provided for a fee in the amount of the purchase price for the digital E-Vignette plus a service charge; goods and services as described in section 2.4. shall be provided for a service charge and reimbursement of the outlay in the amount of the vignette price.
2.6. e-vignettes.pro is entitled to perform the registration and administration (e.g. change of vehicle data and customer data) on behalf of the Customer vis-à-vis the Competent Outlet and to conclude legal transactions for this purpose, provided that these actions correspond to the actual or assumed will of the Customer, or are in the interest of the Customer.
2.7. The following applies additionally to Hungary: The Customer is hereby informed that the E-Vignette service for Hungary is based on the centralised mobile payment of services sold by NMFSZ (Hungarian abbreviation for National Mobile Payment Service Provider):
Nemzeti Mobilfizetési Zrt., Kapás utca 6-12, 1027 Budapest, Hungary
The Customer may only purchase E-Vignettes for Hungary for their own use. The Customer may not resell the E-Vignettes for Hungary. e-vignettes.pro may exclude Customers from purchasing E-Vignettes with immediate effect and without warning if the Customer is in breach of these rules.
2.8. Motorway vignettes are issued solely by the Competent Outlet of the destination country on the basis of national rules, regulations and laws. Only the Competent Outlet can decide on the issuing of a digital vignette. e-vignettes.pro has no influence on the Competent Outlet’s decision to issue or not to issue an E-Vignette. The vehicle registration number provided by the Customer to e-vignettes.pro is essential for issuing a digital motorway vignette. It is only possible to change the vehicle registration number with the special option ‘Flex Service’ (see section 4).
3. Contract offer, conclusion of contract
3.1. The presentation of services and products on e-vignettes.pro website does not constitute a legally binding offer, but merely an invitation to place an order.
3.2. By clicking the ‘Place order subject to payment’ button, the Customer places a binding order for the services and products listed on the order page. e-vignettes.pro shall inform the Customer promptly about receipt of the order. However, this confirmation of receipt does not constitute acceptance of the Customer’s offer to conclude the contract.
3.3. The point in time at which the contract with e-vignettes.pro comes into effect depends on the payment method chosen by the Customer. Depending on the selected payment method, e-vignettes.pro will initiate the payment process following placement of the order. If applicable, e-vignettes.pro will then forward the Customer directly to the payment provider selected by the Customer for this purpose, where the Customer can confirm the payment instruction after entering the payment data. Nevertheless, the forwarding by e-vignettes.pro to an approved instant payment method and the subsequent payment of the purchase price or fee by the Customer does not yet constitute acceptance of the contract offer by e-vignettes.pro, and therefore does not yet lead to conclusion of a contract.
3.4. e-vignettes.pro indicates its acceptance of the contract by means of a clear statement in text form (e.g. email). All statements made by e-vignettes.pro may be sent to the Customer by email.
4. Add-on ‘DRIVE+ Service’
4.1. The Customer may order the ‘DRIVE+ Service’ as an optional add-on service for a fee. This option is available when ordering an E-Vignette. An E-Vignette with activated DRIVE+ Service can be changed or cancelled before the first day of validity, subject to the following conditions.
4.2. The Flex Service can only be booked when ordering an E-Vignette. It is not possible to book the DRIVE+ Service at a later date.
4.3. In the case of an E-Vignette with activated DRIVE+ Service, the following changes can be made before the first day of validity:
- The vehicle registration number assigned to the E-Vignette and/or the country of registration can be changed.
- The validity period can be postponed up to two months into the future.
4.4. Changes can only be made online and by the Customer themselves using the procedure provided for this purpose in the Order Management section. Change requests made to Customer Services in writing or by telephone are not included in the scope of the DRIVE+ Service.
4.5. An E-Vignette with activated DRIVE+ Service can be cancelled before the first day of validity. If cancelled, the E-Vignette that had been ordered will not be registered or, as the case may be, will be deleted. e-vignettes.pro shall refund the Customer the full purchase price within 14 days of cancellation, excluding the DRIVE+ Service fee, using the payment method that was originally used. Cancellations can only be made online and by the Customer themselves using the procedure provided for this purpose in the Order Management section. Cancellation requests made to Customer Services in writing or by telephone are not included in the scope of the DRIVE+ Service.
5. Prices and payment
5.1. The prices shown on our website include statutory value added tax (VAT). The prices are fixed prices.
5.2. Vignettes for Bulgaria are invoiced in the Bulgarian lev currency. If the Customer selected a currency other than the Bulgarian lev when placing the order, the currency selected by the Customer shall be converted into Bulgarian levs on the invoice according to the Bulgarian National Bank’s exchange rate that is applicable at the time of the order.
5.3. Vignettes for the Czech Republic are invoiced in the Czech koruna currency. If the Customer selected a currency other than the Czech koruna when placing the order, the currency selected by the Customer shall be converted into Czech korunas on the invoice at the European Central Bank’s (ECB) exchange rate that is applicable at the time of the order.
5.4. Vignettes for Hungary are invoiced in the currency selected by the Customer when placing the order. Any VAT shall be shown in Hungarian forints, in addition to the currency chosen by the Customer. If the Customer selected a currency other than the Hungarian forint when placing the order, the VAT shall be converted from the currency selected by the Customer into Hungarian forints on the invoice according to the Hungarian National Bank’s exchange rate that is applicable at the time of the order.
5.5. Vignettes for Switzerland are invoiced in the currency selected by the Customer when placing the order. Any reimbursement of outlay to be paid by the Customer to e-vignettes.pro shall be charged on the invoice in the currency selected by the Customer when placing the order. If e-vignettes.pro incurred outlay on behalf of the Customer in a currency other than the currency selected by the Customer when placing the order, the outlay incurred by e-vignettes.pro in foreign currency shall be converted into the currency selected by the Customer when placing the order at the ECB’s exchange rate that is applicable at the time of the outlay.
5.6. Vignettes for Slovakia and Slovenia are invoiced in the euro currency. If the Customer selected a currency other than the euro when placing the order, the currency selected by the Customer shall be converted into euros on the invoice at the ECB’s exchange rate that is applicable at the time of the order.
5.7. The Customer shall only be entitled to a right of retention resulting from counterclaims arising from this contract. Claims may only be offset if the Customer’s claim is undisputed or has been established with legally binding effect.
5.8. Invoices from e-vignettes.pro relating to the contractual relationship shall be sent to the Customer by email. The Customer accepts that the paper invoice is replaced by email and acknowledges that it is legally binding.
6. Annual vignette subscription / ‘Automatic renewal’
6.1. If the Customer places an order with e-vignettes.pro for the delivery and provision of an annual vignette from the Competent Outlet, e-vignettes.pro offers the additional option of entering into a subscription contract (‘Automatic renewal’). If the Customer decides to activate automatic renewal of the annual vignette by ticking the relevant checkbox when placing the order on the website and thus enters into a subscription contract, e-vignettes.pro will automatically deliver and provide a new annual vignette to the Customer in the following year. e-vignettes.pro will debit the vignette price and the service charge for renewal by using the payment method selected by the Customer when the initial order was placed. For this purpose, the Customer grants e-vignettes.pro the relevant direct debit authorisation (mandate).
6.2. The subscription contract with e-vignettes.pro runs for an indefinite period and may be terminated at any time without stating reasons. The period of notice is one month to the expiry date of the annual vignette.
6.3. The right to extraordinary termination for a compelling reason remains unaffected.
6.4. Any notice of termination must be given in writing or in text form (it is sufficient to send an email or click the termination confirmation button ‘Terminate now’).
7. Obligations on the part of the Customer
7.1. The Customer agrees to cooperate in execution of the order by e-vignettes.pro. In particular, the Customer is obliged to provide e-vignettes.pro with correct personal data, contact information, their legal position and details of the vehicle to be registered, and to keep this information up-to-date.
7.2. The Customer provides an assurance that they are the driver or the registered owner of the vehicle, or that they are unconditionally authorised by the registered owner of the vehicle for whose vehicle registration number they are instructing e-vignettes.pro to submit an application for a motorway vignette to the competent authority.
8. Liability
e-vignettes.pro shall only be liable for damages if e-vignettes.pro or one of its vicarious agents has breached a material contractual obligation (cardinal obligation) in a way that jeopardises the purpose of the contract, or if the loss or damage is due to gross negligence or willful intent on the part of e-vignettes.pro or one of its vicarious agents. If the culpable breach of a material contractual obligation (cardinal obligation) is not due to gross negligence or willful intent, e-vignettes.pro’s liability shall be limited to the loss or damage that was reasonably foreseeable when the contract was concluded. Liability for warranted properties, for injury to life, body or health, and liability resulting from mandatory statutory provisions shall remain unaffected.
9. Cancellation policy
9.1. Consumers have a statutory right of cancellation when a distance selling transaction is concluded. e-vignettes.proprovides information about this below, in line with the statutory model. A model cancellation form is provided in section 9.2.
Cancellation policy
Right of cancellation for consumers
You have the right to cancel this contract within 14 days without stating reasons.
The cancellation period is 14 days from the date of concluding the contract.
To comply with the cancellation time limit, it is sufficient that you send notification that you wish to exercise your right of cancellation before the end of the cancellation period.
Consequences of cancellation
If you cancel this contract, We must refund all payments that We have received from you, including delivery costs (with the exception of additional costs incurred because you chose a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within 14 days of the date on which We received notification that you are cancelling this contract. To make this repayment, We use the same payment method that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged for this repayment.
If you requested that the services shall begin during the cancellation period, you must pay us a reasonable amount corresponding to the proportion of services already provided up to the date on which you notified us that you are exercising the right of cancellation in respect of this contract, relative to the total scope of the services covered by the contract.
9.2. Model cancellation form:
(If you wish to cancel the contract, please complete and return this form).
I/we (*) hereby cancel the contract concluded by me/us (*) relating to purchase of the following goods (*)/provision of the following services
goods (*)/provision of the following service (*)
Order placed on (*)/ received on (*)
Name of consumer(s)
Address of consumer(s)
Signature of consumer(s) (only if notification sent on paper)
Date
(*) Delete if not applicable.
9.3. Note on premature expiry of the right of cancellation:
In the case of a contract for the provision of services, the right of cancellation shall also expire if We provided the service in full and only started to perform the service after you gave your express consent to the provision of the service before the expiry of the cancellation period and, at the same time, confirmed that you are aware that you will lose your right of cancellation upon full performance of the contract by us.
10. Place of jurisdiction / Applicable law
10.1. The exclusive place of jurisdiction for any and all legal disputes arising from the business relationship with fully qualified businesspersons, a legal entity under public law or a special fund under public law shall be the registered office of e-vignettes.pro. e-vignettes.pro is also entitled to assert its claims before the courts at the Customer’s general place of jurisdiction. The statutory rules of jurisdiction shall apply to consumers. Place of performance is Georgia
10.2. The place of jurisdiction established under 10.1. shall also apply if the Customer does not have a general place of jurisdiction in Georgia, relocates their domicile or place of habitual residence from Georgia after conclusion of the contract, or the domicile or place of habitual residence is not known at the time when legal action is taken.
10.3. The contractual relationship between the contracting parties shall be governed exclusively by Georgia Georgia Georgia law to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
11. Final provisions
11.1. Additions and amendments to the contract between the Customer and e-vignettes.pro must be in text form. Verbal ancillary agreements are considered not to have been made.
11.2. Should one or more clauses of these General Terms and Conditions be or become invalid, in whole or in part, this shall not affect the validity of the remaining provisions.
12. Out-of-court dispute resolution
Information on dispute resolution in accordance with Article 14 (1) of the Online Dispute Resolution Regulation (ODR):
The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), available at www.ec.europa.eu/consumers/odr/main/index.cfm. The email address of e-vignettes.pro can be found in our legal notice. e-vignettes.pro is neither obliged nor willing to take part in dispute resolution proceedings before a consumer arbitration body.