1. provider / scope of application
Please read these General Terms and Conditions carefully, as they bindingly regulate the contractual relationship between you (hereinafter referred to as "Customer") and us, barely digital GmbH & Co. KG, Konrad-Adenauer-Str. 8, 86836 Klosterlechfeld, Germany (hereinafter referred to as "vintrica" or "we"). Deviating general terms and conditions of the customer shall not apply. Even if we do not expressly object to these General Terms and Conditions, they shall not apply.
Vintrica offers an online service on the websites vintrica.com, hu-vignette.com, sk-vignette.com and bg-vignette.com, through which the customer can order vintrica to issue a digital motorway vignette for the number plate specified by the customer from the competent authority, the competent motorway operator or the competent sales outlet (hereinafter referred to as the "competent outlet") for a fee ("service fee") and reimbursement of the vignette price incurred for this.
Motorway vignettes are issued exclusively by the competent authority in the country of travel on the basis of national regulations, ordinances and laws. Only the responsible body can decide on the issuance of a digital vignette. vintrica has no influence on the decision of the responsible body on the issuance or non-issuance of a digital vignette.
In this respect, vintrica only owes the customer the execution of the application for the digital vignette requested by the customer, but not the issuing of the vignette.
vintrica itself explicitly does not sell vignettes, does not issue them, does not operate motorways and does not grant road use rights.
3. Offer of contract, conclusion of contract
The presentation of services and products on our website does not constitute a legally binding offer, but only an invitation to order.
By clicking the button "Order subject to payment" you place a binding order for the services and products listed on the order page.
vintrica will inform you about the receipt of your order immediately by e-mail. However, this confirmation of receipt does not constitute an acceptance of your offer to conclude a contract.
When the contract with Vintrica is concluded depends on the payment method selected by the customer. Depending on the selected payment method, we initiate the payment transaction following the order and, if necessary, forward the customer directly to the payment provider selected by the customer for this purpose, where he can confirm the payment instruction after entering his payment data. However, the forwarding by us to an approved immediate payment method and the subsequent payment of the purchase price or fee by the Customer does not yet constitute an acceptance of the offer to conclude a contract by vintrica and thus does not yet lead to the conclusion of a contract.
Vintrica declares acceptance of the contract by means of a clear declaration in text form (e.g. e-mail).
The contract shall be deemed to have been fulfilled by us as soon as vintrica has applied for the issue of the vignette requested by the customer to the competent authority.
5. Prices and payment
The prices stated on our website include the statutory value added tax and other price components. The prices are fixed prices. Payment can be made either by PayPal, Giropay or by credit card MasterCard or Visa. If the customer chooses PayPal as the means of payment, we are prepared to accept credits to our PayPal account on account of performance (§ 364 para. 2 BGB).
6. annual vignette subscription / "automatic renewal
If the customer instructs vintrica to apply for a so-called annual toll sticker at the responsible office, vintrica offers the optional possibility of concluding a subscription contract ("Automatic Renewal"). If the customer decides to activate the automatic renewal of the annual toll sticker by selecting the corresponding checkbox in the order process on our website and thus to conclude a subscription contract, vintrica will automatically apply for a renewal annual toll sticker for the customer 2 days before the expiry date for a fee ("service charge") and reimbursement of the toll sticker price incurred for this. Vintrica will debit the fee ("service charge") and the vignette price for the extension 60 days before the expiry of the validity of the current annual vignette via the means of payment selected by the customer at the time of the initial order. For this purpose, the Customer grants vintrica a corresponding debit authorization (mandate).
The subscription contract runs for an indefinite period of time and can be cancelled at any time without giving reasons at the latest 7 days before the debit (date see above). As soon as the debit for the annual vignette to be extended has been carried out by vintrica, a cancellation for the annual vignette period to be extended is no longer possible.
7. obligations of the customer
The Customer undertakes to cooperate in the performance of the order by vintrica. In particular, the Customer is obligated to provide vintrica with correct personal data as well as the vehicle to be registered.
The Customer warrants that he/she is the driver or the registered owner of the vehicle, or that he/she is fully authorised by the registered owner of the vehicle for whose number plate he/she instructs vintrica to apply to the competent authority for the issue of a motorway toll sticker.
We shall only be liable for damages if we or one of our vicarious agents has violated an essential contractual obligation (cardinal obligation) in a manner that endangers the purpose of the contract or if the damage is due to gross negligence or intent on the part of vintrica or one of our vicarious agents. If the culpable breach of an essential contractual obligation (cardinal obligation) is not due to gross negligence or intent, our liability shall be limited to the damage that was reasonably foreseeable for us at the time of the conclusion of the contract. Our liability for warranted characteristics, for personal injury and on the basis of mandatory statutory provisions shall remain unaffected.
9. cancellation policy
(1.) Right of withdrawal for consumers: You have the right to withdraw from this contract within fourteen days without giving any reason. The revocation period is fourteen days from the day of the conclusion of the contract. In order to exercise your right of revocation, you must inform us (barely digital GmbH & Co. KG, Konrad-Adenauer-Str. 8, 86836 Klosterlechfeld, Mail: firstname.lastname@example.org, Tel.: 08232 / 76 899 76 - 40) by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to revoke this contract. For this purpose, you may use the enclosed sample revocation form, which, however, is not mandatory. In order to comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period.
(2.) Consequences of the revocation: If you revoke this contract, we have to refund all payments we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), immediately and at the latest within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment.
If you have requested that the services begin during the withdrawal period, you must pay us a reasonable amount corresponding to the proportion of the services already provided up to the time you notify us of the exercise of the right of withdrawal with regard to this contract compared to the total scope of the services provided for in the contract.
(3.) Samplecancellation form:
(If you wish to revoke the contract, please complete and return this form).
To: barely digital GmbH & Co. KG Konrad-Adenauer-Str. 8 86836 Klosterlechfeld Mail: email@example.com, Tel.: +49 8232 7689976-40
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/provision of the following services
goods (*)/the provision of the following service (*)
Ordered on (*)/received on (*)
Name of the consumer(s)
Address of consumer(s)
Signature of consumer(s) (only in case of paper communication)
(*) Delete where inapplicable.
Note on the premature expiry of the right of withdrawal:
In the case of a contract for the provision of services, the right of cancellation shall also expire if we have provided the service in full and have only started to provide the service after you have given your express consent to this and at the same time confirmed your knowledge that you will lose your right of cancellation upon full performance of the contract by us.
10. Written Form
Additions and amendments to the contract between the Customer and vintrica must be made in writing. This shall also apply with respect to this written form requirement. Verbal collateral agreements shall be deemed not to have been made.
11. Place of Jurisdiction / Applicable Law / Miscellaneous
(1.) The exclusive place of jurisdiction for all present and future claims arising from the business relationship with fully qualified merchants, including claims based on bills of exchange and cheques, shall be the registered office of vintrica. In any case, vintrica may also assert its claims before the courts of the Customer's general place of jurisdiction. Any exclusive place of jurisdiction shall remain unaffected. Place of performance is Klosterlechfeld, Germany.
(2.) The place of jurisdiction determined under 11. clause (1.) shall also apply if the customer does not have a general place of jurisdiction in Germany, moves his place of residence or habitual abode out of Germany after conclusion of the contract or his place of residence or habitual abode is not known at the time the action is brought.
(3.) The contractual relationship between the contracting parties shall be governed exclusively by German law to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
(4.) The customer is only entitled to a right of retention due to counterclaims from this contract. The Customer may only set off claims that have been legally established or are undisputed.
(5.) All declarations by vintrica may be addressed to the Customer electronically. This shall also apply to invoices within the scope of the contractual relationship.
(6.) Should any provision of this Agreement be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions. In any case, the parties are obliged to agree on a substitute clause in place of an invalid or unenforceable provision, which closes the contractual gap in a permissible and enforceable manner in the sense of the contract.
12. out-of-court dispute resolution
Information on consumer dispute resolution in accordance with § 36 of the Consumer Dispute Resolution Act (VSBG):
We do not participate in a dispute resolution procedure before a consumer arbitration board.
Competent consumer arbitration board:
General consumer arbitration board of the Zentrum für Schlichtung e. V. (Centre for Arbitration)
Strassburger Str. 8
Information on online dispute resolution pursuant to Article 14 (1) ODR Regulation:
The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), which can be accessed at www.ec.europa.eu/consumers/odr. You can find our e-mail address in our imprint. We are neither obliged nor willing to participate in the dispute resolution procedure.
- End of the general terms and conditions -