These Terms and Conditions ("Terms") govern the contractual relationship between you (referred to as the "Customer") and Tollify, represented by Alain de Man, with a registered address at Jacob Schorerlaan 1, 2525 ZP Den Haag, Netherlands ("Tollify" or "we"). Please read these Terms carefully. By using our services, you agree to be bound by these Terms.
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, Tollify, represented by Alain de Man, with a street address at Jacob Schorerlaan 1, 2525 ZP Den Haag, Netherlands (hereinafter referred to as "Tollify" 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.
2. Object
Tollify offers an online service on the website tollify.at, through which the customer can order Tollify to issue a digital motorway e-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 e-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. Tollify has no influence on the decision of the responsible body on the issuance or non-issuance of a digital vignette.
In this respect, Tollify only owes the customer the execution of the application for the digital e-vignette requested by the customer, but not the issuing of the vignette.
Tollify 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.
Tollify 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 Tollify 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 Tollify and thus does not yet lead to the conclusion of a contract.
Tollify declares acceptance of the contract by means of a clear declaration in text form (e.g. e-mail).
4. Fulfilment
The contract shall be deemed to have been fulfilled by us as soon as Tollify 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.
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).
The subscription contract runs for an indefinite period of time and can be canceled 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 e-vignette to be extended has been carried out by Tollify, a cancellation for the annual e-vignette period to be extended is no longer possible.
6. Obligations of the Customer
The Customer undertakes to cooperate in the performance of the order by Tollify. In particular, the Customer is obligated to provide Tollify 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 authorized by the registered owner of the vehicle for whose number plate he/she instructs Tollify to apply to the competent authority for the issue of a motorway toll sticker.
7. Liability
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 Tollify 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.