Terms and conditions / Right to cancellation


hu-vignette.com is an Internet offering provided by barely digital GmbH & Co. KG, Konrad-Adenauer-Str. 8, 86836 Klosterlechfeld, Germany (hereinafter referred to as the ‘Contractor’). The Contractor provides its offer and services for the respective contracting party (hereinafter referred to as the ‘Principal’) exclusively on the basis of these General Terms and Conditions. Any conflicting general terms and conditions of the Principal shall not apply. Even if the Contractor does not expressly object to such terms and conditions they shall not apply.

§ 1 Definition

(1) NTPS-PLC
National Toll Payment Services PLC (Nemzeti Útdíjfizetési Szolgáltató Zrt., Ungarn-1380 Budapest, PO Box: 1170)—hereinafter referred to as ‘NTPS-PLC’—is an incorporated company that is operated for the purpose of managing, maintaining, repairing and extending motorway and highway networks. NTPS-PLC manages toll motorways and highways that require a vignette in Hungary and is responsible for collecting toll and vignette fees.


§ 2 Object of the order

All users of Hungarian toll motorways and highways that require a vignette are obliged to purchase an electronic vignette (hereinafter referred to as ‘e-vignette’) prior to travel. The e-vignette can be purchased via various online and offline sales channels. The e-vignette is not linked to a specific person, it is linked to the vehicle’s number plate. The vehicle’s number plate is stored in detail in NTPS-PLC’s Hungarian electronic tolling system. By creating an entry in the electronic tolling system, the vehicle with the appropriate number plate is authorised to use the public motorway and highway network subject to tolling.
The object of the order is the preparation of the registration of a vehicle’s number plate in the Hungarian electronic tolling system by NTPS-PLC. Specifically, the Contractor shall register the Principal’s vehicle’s number plate for a Hungarian e-vignette.


§ 3 Formation of the contract, fulfilment

(1) By means of his/her commissioning via the web page of the Contractor, the Principal submits his/her offer for contract conclusion. Only upon sending a contract confirmation by e-mail does the Contractor accept the Principal’s offer for conclusion of the contract and the contract comes into force.

(2) On the part of the Contractor, the contract is considered to be fulfilled as soon as the Contractor has registered the vehicle’s number plate specified by the Principal in the order process in NTPS-PLC’s Hungarian electronic tolling system.


§ 4 Contractor duties

The Contractor undertakes to provide the services agreed with the Principal to the agreed level of quality and by the agreed times.


§ 5 Principal duties

(1) The Principal undertakes to cooperate in the process of the Contractor’s fulfilment of the order. In particular, the Principal undertakes to specify the correct data about himself/herself and the vehicle to be registered by the Contractor.

(2) The Principal ensures that they are the vehicle driver or the licensed owner of the vehicle’s number plate to be registered or are fully authorised by the vehicle driver or the licensed owner to initiate the registration of the vehicle’s number plate.


§ 6 Cancellation policy

(1.) Right of cancellation for consumers: You have the right to cancel this contract within fourteen days without giving reasons for the cancellation. The cancellation deadline is fourteen days from the day of the contract being concluded. In order to exercise your right to cancel you must inform us (barely digital GmbH & Co. KG, Konrad-Adenauer-Str. 8, 86836 Klosterlechfeld, Germany, email: service@hu-vignette.com, Tel.: +49 8232 / 76 899 76 - 40) by means of a clear declaration (e.g. a letter sent by post, fax or email) of your decision to cancel this contract. You can use the enclosed sample cancellation form, but it is not compulsory. In order to observe the cancellation deadline it is sufficient that you send us notification of your decision to exercise your right to cancel prior to the expiry of the cancellation deadline.

(2.) Consequences of cancellation: If you cancel a contract, we must pay back to you all payments, which we have received from you, including delivery costs (with the exception of additional costs, which arise as you have selected a type of delivery other than our cheapest standard delivery options) without delay and no later than within fourteen days from the on which we have received your notification of your cancellation of this contract. In order to repay these amounts to you we will use the same payment method that you used with the original transaction, unless otherwise expressly agreed with you; under no circumstances will you be charged as a result of this repayment.

If you have requested that the services should commence during the cancellation period you must pay us an appropriate amount, which corresponds to the proportion of the services already carried out by the time that you inform us of your decision to exercise your right to cancel with respect to this contract in comparison with the total scope of the services intended to be carried out as specified in this contract.

(3.) Sample cancellation form:
(If you would like to cancel this contract, then please fill in this form and send it back to us.)

To: barely digital GmbH & Co. KG, Konrad-Adenauer-Str. 8, 86836 Klosterlechfeld, Germany, email: service@hu-vignette.com, Tel.: +49 8232 7689976-40

I/we (*) hereby withdraw myself/us (*) from the contract concluded concerning the purchase of the following

Goods (*) / the provision of the following service (*)

Ordered on (*)/received on (*)

Name of the consumer(s)

Address of the consumer(s)

Signature of the consumer(s) (only when notifying in paper hard copy)

Date

(*) Delete as applicable.


Note on premature expiration of the right to cancel:

The right to cancel shall also expire with a contract to provide services if we have provided the services in full and have only started to carry out the service after you have given your express consent and have concurrently confirmed your awareness thereof that you lose your right to cancel upon complete fulfilment of the contract.


§ 7 Written form

Additions and amendments to this contract agreed between the Principal and the Contractor shall require the written form to be effective. This also applies with respect to the written form requirement. Verbal ancillary agreements are not deemed agreed.


§ 8 Legal jurisdiction / applicable law / other

(1.) The exclusive place of jurisdiction shall be the registered office of the Contractor for all current and future claims arising from the business relationship with registered traders including bills of exchange and cheques receivable. In any event the Contractor can also assert his claims at the court of the general place of jurisdiction of the Principal. Any exclusive place of jurisdiction shall remain hereby unaffected. The place of fulfilment is Klosterlechfeld, Germany.

(2.) The place of jurisdiction specified under section 8 clause (1.) shall also apply if the Principal does not have a domestic general place of jurisdiction, his place of residence or habitual residence is located abroad or his place of residence or habitual residence is not know at the time that the action is filed.

(3.) German law shall exclusively apply excluding the provisions of the UN Convention on Contracts for the International Sale of Goods for the contractual relationship with the contracting party.

(4.) The Principal only has a right of retention due to counterclaims arising from this contract. The Principal may only assert a right of retention in the case of legally determined or undisputed claims.

(5.) All declarations made by the Contractor may be addressed to the Principal by electronic means. This also applies for invoices within the context of the contractual relationship.

(6.) Should a provision of the contract be or become ineffective in part or in full this shall not affect the validity of the remaining provisions. In any event the parties are obliged to agree on a replacement clause in place of the ineffective or unenforceable provision, which closes the contractual loophole in a permissible and feasible way within the meaning of the contract.

§ 9 Out-of-court dispute resolution

Information on consumer dispute resolution in accordance with section 36 of the German Consumer Dispute Resolution Act (VSBG):
We will not participate in a dispute resolution process before a consumer arbitration board. However the Act concerning alternative dispute resolution in consumer matters stipulates that we should still refer you to the responsible consumer arbitration board:

Allgemeine Verbraucherschlichtungsstelle des Zentrums für Schlichtung e. V.
Straßburger Str. 8
77694 Kehl
Germany
Internet: www.verbraucher-schlichter.de

Information on online dispute resolution in accordance with Art. 14 para. 1 Online Dispute Resolution Procedure:
The European Commission provides a platform for out-of-court online dispute resolution (OS platform), which is available at www.ec.europa.eu/consumers/odr. You can find our email address in our legal notice. We are neither obliged nor prepared to take part in a dispute settlement procedure.

- End of the General Terms and Conditions -