General terms and conditions of business
- Offer from DVE Digital Vignette Europe GmbH
DVE Digital Vignette Europe GmbH, hereinafter also referred to as the “service provider”, is a provider of services with its registered office at Philippine-Welser-Straße 14, 86150 Augsburg, Germany. The company’s managing director is Mr. Markus Markert.
Customers (service users) can register their car (up to 3.5 t) and motorcycle license plates for the countries of their choice via the service provider's websites/online shops. This service enables service users to drive on toll or vignette-requiring 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 him and the respective official toll station in the country. For this intermediary service, the service user is obliged to provide DVE Digital Vignette Europe GmbH with a fee (hereinafter "service fee") to be paid, the amount of which is stated in the consumer information. When ordering, the service user must confirm that he has read the consumer information by checking an opt-in checkbox.
DVE Digital Vignette Europe GmbH registers the license plates in the official toll system of the countries concerned, 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 data to the responsible toll operators. By registering the license plate, the service user either purchases a "digital vignette" or pays a "digital route toll" in the official toll shop in the country in question. DVE Digital Vignette Europe GmbH does not act as an official sales partner of the toll operators, but 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 general terms and conditions of the respective toll shops apply to the purchase of toll products.
- obligations of the contracting parties
The service provider can only provide the service properly if the service user provides correct information about himself, the vehicle and in particular the license plate number. The service user bears sole responsibility for 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 can 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 started. Once the registration process has started, the data originally entered will be used and the license plate number will be registered.
If incorrect or erroneous information results in incorrect registration, a change of license plate number can only be requested in accordance with the conditions set by the official toll offices (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.In addition, DVE Digital Vignette Europe GmbH reserves the right to take civil action in the event of suspected fraudulent activities or misuse of the services.
- Fees and Due Date
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 of the respective toll stations (e.g. ASFiNAG) as well as the service fee of the provider.
- 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 make an offer to the service provider. By ordering the license plate registration, the service user declares his intention to conclude a contract with the service provider to register his license plate, but not to purchase a toll product. The contract to purchase the digital vignette or another toll product is concluded via 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 only comes into effect 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) only comes into effect when the official toll provider completes the registration.
4.2 The service provided by DVE Digital Vignette Europe GmbH primarily includes the registration of the license plates of the service users in the toll shops in the respective countries. Registration takes place as quickly as possible and usually without long waiting times. The service begins as soon as the service user has completed 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 Austria or without an Austrian license plate must expressly agree that the service will begin before the end of the cancellation period and that their right of cancellation expires prematurely in accordance with Section 356 Paragraph 4 of the German Civil Code (BGB). For this, an opt-in checkbox must also be clicked, which contains the following declaration: "I agree to the general terms and conditions and have taken note of the consumer information and the cancellation policy. I hereby expressly request and at the same time agree that you begin the ordered service before the end of the cancellation period. I know that my right of cancellation expires when the contract is fully fulfilled.
DVE Digital Vignette Europe GmbH only provides the service if the corresponding consent has been given and the ordering and payment process has been completed. If payment is made after the selected start date of the toll product, registration will be carried out 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 entitled to use toll roads based on the information he has provided. However, immediate or immediate registration cannot be guaranteed, as external influences may affect this. If the service user does not receive confirmation of registration, he is obliged to contact customer support. If the service user drives on toll roads without confirmation of registration and receives penalties for unauthorized use, the service provider assumes no responsibility. The service user accepts the terms and conditions by clicking the Opt In checkbox.
4.3 When ordering annual vignettes or annual road tolls, the user can choose to automatically renew the license plate registration after the expiry of the validity period. This is done by clicking an opt-in checkbox. If the automatic renewal is activated, the user receives a discount on the service fee applicable at the time of renewal. The future official prices for vignettes and toll products are set by the respective official toll stations and may differ from the prices applicable at the time of the original order. By selecting the automatic renewal, the user agrees to any price changes, including the adjusted total costs, which consist of the toll prices and the service fee.
When ordering annual vignettes or annual road tolls, the service user can choose the automatic renewal of the license plate registration after the expiry of the validity. This is done by clicking an opt-in checkbox. If the automatic renewal is activated, the service user receives a discount on the service fee applicable at the time of renewal. The future official prices for vignettes and toll products are set by the respective official toll stations and may differ from the prices applicable at the time of the original order. By selecting the 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 cancelled by the service user by sending a written message up to 30 days before the start of the new validity period. After this point, cancellation is no longer possible.
However, if the prices increase (either the price of the vignettes or toll products, or the service provider's service fee), the service user can cancel the extension in writing within 14 days of notification. After receipt of the registration confirmation, which is sent no earlier than 15 days after notification, cancellation is no longer possible. If the official toll shop increases the prices after registration, the service provider is entitled to subsequently demand the difference from the service user.
- Scope of these Terms and Conditions and the statutory provisions
Any differing general terms and conditions of the service user that contradict these terms and conditions do not apply. The law applies to all matters not regulated in these general 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 contact 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 can use the attached sample withdrawal form for this purpose, but this is not mandatory. To meet the deadline, it is sufficient if you send the 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 you have made, including any delivery costs (with the exception of additional costs resulting from your choice of a delivery method other than the cheapest standard delivery offered by us), promptly and at the latest within 14 days from the day on which we received your cancellation notice. For the reimbursement, we will use the same means of payment 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 withdrawal period, you are obliged to pay us an appropriate amount. This amount corresponds to the proportion of the services already provided up to the time of your withdrawal 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 expiration 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 execution of the service has only begun 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 (file 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 number has been carried out and confirmed to him. In this case, the right of withdrawal expires prematurely.
Right of withdrawal for Austrian customers (with residence in Austria and/or Austrian license plate):
For Austrian consumers, the right of withdrawal applies without restriction in accordance with Austrian law.
sample cancellation form
(If you wish to cancel the contract, please fill out this form and send it back 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 the consumer(s):
Address of the consumer(s):
Signature of the consumer(s) (only if notification is on paper):
Date:
(*) Delete as appropriate.
fees for unauthorized chargebacks
In the event of unauthorized chargebacks by the service user, for example by submitting 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 imprint on our website (https://vignette-austria.at/pages/impressum)DVE Digital Vignette Europe GmbH is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
7.2 The contractual relationship between the parties is subject exclusively to 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. In exceptional cases, 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 moved his or her place of residence or habitual abode from the country, or the service user's place of residence or habitual abode is not known at the time the action is brought.
7.4 Changes and additions to the contract between the service user and DVE Digital Vignette Europe GmbH as well as ancillary agreements must be made in writing. This also applies to an agreement that dispenses with this written form requirement.
7.5 Should any provision of these Terms and Conditions be invalid, the validity of the remaining provisions shall remain unaffected.
