General Terms and Conditions vignettecroatia.com
Article 1 - Definitions
The following defined terms are used in these General Terms and Conditions:
1. General Terms and Conditions: these General Terms and Conditions.
2. user: the entrepreneur who uses these general terms and conditions in the context of the conclusion and performance of this contract with a customer.
3. customer: the person who concludes or has concluded a contract with the user.
4. 'Consumer' means any natural person who is acting for purposes which are outside his or her trade, business or profession.
5. service: a or the service offered on the user's website (vignettecroatia.com).
6. cost of services: The amount payable by the Customer to the User (including VAT) for a service to be provided by the User for the benefit of the Customer.
7. agreement: the agreement for the purchase of a Digital Motorway Vignette for Austria with immediate validity by the customer. The Customer hereby receives a Digital Motorway Vignette which gives him immediate access to the Austrian motorway network and will be delivered to him digitally...
8. Asfinag: This is the common name for the Austrian Autobahnen- und Schnellstraßen-Finanzierungs-Aktiengesellschaft, Asfinag, which is responsible, among other things, for levying and collecting tolls for the use of certain roads in Austria.
9. Vignette: This is the name for a proof issued by Asfinag digitally ("digital vignette") or as a sticker ("vignette") which serves as proof of payment of the toll for a specific registered vehicle for a specific period of time.
10. grace period: the statutory period within which the consumer may exercise his right of withdrawal.
11. revocation: the exercise of the statutory right to revoke a distance contract in writing within the cooling-off period. The model withdrawal form has been included as Annex I to the General Terms and Conditions.
12. Calendar day.
Article 2 - User data
Article 3 - Applicability
1. These General Terms and Conditions apply to every offer made by the User and to every contract concluded between the User and the Customer.
2. The text of these General Terms and Conditions shall be made available to the customer prior to the conclusion of the agreement in such a way that the customer can save them on a durable medium without any further intermediate steps. If this is not reasonably possible, it shall be stated before the agreement is concluded at a distance where the General Terms and Conditions can be viewed electronically and that they will be sent electronically or otherwise free of charge at the customer's request.
3. The following general conditions apply to all legal transactions between Maut & Vignette B.V. and its customers. The general conditions also apply to consumers as described in the Dutch Civil Code. 6 Article 230g: any natural person acting for purposes that cannot be attributed to his commercial or professional activity.
Article 4 - The agreement
1. The agreement comes into effect with the acceptance of the offer by the customer and the fulfilment of the conditions set out therein.
2. If the customer has accepted the offer electronically, the user shall immediately confirm receipt of the acceptance of the offer electronically. If the contract is concluded electronically, the user shall take appropriate technical and organisational measures to secure the electronic data transmission and shall ensure a secure web environment. With regard to the offered option of electronic payment, the user shall observe appropriate security measures.
3. At the latest with the delivery of the service, the user shall provide the customer with the following information in writing or in such a way that the customer can store it in an accessible manner on a durable data medium:
- the address of the user's branch to which the customer can address questions, requests or complaints;
- the conditions under which the consumer may exercise his right of withdrawal;
- the information on any guarantees and existing service after delivery of the service;
- the price, including any taxes, for the service; the delivery charges, if any; and the method of payment, delivery or performance of the contract;
- The model withdrawal form for the consumer.
Article 5 - Consumer's right of withdrawal
1. The customer may terminate the contract within a period of 14 days without giving reasons.
2. The cooling-off period referred to in paragraph 1 shall start on the day following the conclusion of the agreement.
Article 6 - Exercise of the right of withdrawal by the consumer
1. If the customer makes use of his right of withdrawal, he must notify the user of this within the withdrawal period using the model withdrawal form or in another clear manner.
2. The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the customer.
3. If applicable, the customer shall return the goods received to the user in accordance with the user's reasonable instructions. The customer shall not bear any direct costs for this.
4. If the Client terminates after having previously expressly requested that performance of the contract commence during the cooling-off period, the Client shall owe the User the amount proportionate to that part of the obligation which the User has performed at the time of termination as compared to full performance of the obligation.
5. The customer shall not bear any costs for the performance of the contract if:
- the user has not provided the customer with the legally required information about the right of withdrawal, the reimbursement of costs in the event of withdrawal or the model withdrawal form, or;
- the customer has not expressly requested the commencement of the performance of the contract during the cooling-off period.
Article 7 - Obligations of the user in the event of withdrawal by the consumer
1. If the User enables the Customer to declare the withdrawal electronically, the User shall send an acknowledgement of receipt of this declaration without delay.
2. The User shall repay all payments received from the Customer, including delivery costs, without delay and at the latest within fourteen days from the day on which the Customer has sent him the notification of the revocation of this contract.
3. The user shall use the same means of payment that the consumer used for the refund, unless the consumer has agreed on another method. The refund shall be free of charge.
Article 8 - Exclusion of the right of withdrawal for the consumer
The right of withdrawal is excluded if the user has clearly stated this when making the offer or at least in good time before the conclusion of the contract:
1. After full performance of the agreement, but only if:
- the execution has started with the express prior consent of the principal; and
- the customer has declared to waive his right of withdrawal as soon as the user has fully executed the contract;
Article 9 - Prices
1. the prices stated in the offer of the service consist of the toll costs of Asfinag https://shop.asfinag.at/de/ and the service costs of the user (https://vignettecroatia.com/vignette-osterreich/) for the immediate availability of the toll sticker.
2. the prices stated in the offer of a service include value added tax.
Article 10 - Fulfilment of the agreement
The user guarantees that the obligations to be fulfilled by him comply with the agreement and the specifications stated in the offer.
Article 11 - Delivery and execution
1. The user is obliged to execute the contract with the greatest possible care.
2. The place of performance is the address notified to the user by the customer.
3. The user is obliged to sign the contract within the previously stated deadline and, if this is not met, without delay.
Article 12 - Payment
1. Unless otherwise stipulated in the contract, the amounts owed by the client are payable immediately upon conclusion of the contract.
2. The Customer is obliged to notify the User immediately of any inaccuracies in the payment data transmitted or provided.
Article 13 - Complaints procedure
1. The user must have a sufficiently publicised complaints procedure and must handle the complaint in accordance with that complaints procedure.
2. Complaints about the performance of the contract must be notified to the User in full and clearly described within a reasonable period of time after discovery of the defects by the Customer.
3. Complaints submitted to the User shall be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the User shall reply within the 14-day period with an acknowledgement of receipt and an indication of when the Customer can expect a more detailed response.
Article 14 - Applicable law
The contracts between the user and the customer to which these conditions apply are governed by Dutch law. If the consumer is resident in an EU country other than the Netherlands and the legislation of that EU country offers him better protection, the user will apply those rights.
Sample cancellation form
Sample cancellation form
(only complete and return this form if you wish to revoke the contract)
- To: [ Name of the entrepreneur]
[Geographical address of the trader].
[Fax number of the trader, if available].
[ email address or electronic address of the trader].
- I/we* hereby give notice that I/we* have decided to terminate our contract on the
Sale of the following products: [product name]*.
the provision of the following digital content: [name of digital content]*
the provision of the following service: [name of service]*, withdrawal/revocation*.
- Ordered on*/Received on* [Date of order for services or date of receipt by
- Name of consumer(s)]
- Address of the consumer(s)]
- Signature of the consumer(s)] (only if this form is submitted on paper) - [Name of the consumer(s)
Submission of this form)
* Delete or fill in where not applicable.