GENERAL TERMS AND CONDITIONS OF USE
PREAMBLE
We welcome you to the website of E-VIGNETTES.COM, the service that allows you to purchase vignettes in the electronic system, in the countries indicated on our website.
This document is a contract between you (hereinafter "you" or "Customer" and its derivatives), visitor and potential Customer of the site available at the URL www.e-vignettes.com and the company Budweb sp. z o. o., with its seat in Cracow, Barska 7/2 street, registered in National Court Register under the number KRS: 0000518592, Tax ID number (NIP): 6762478097 hereinafter : « BUDWEB »).
§1.
Parties and Definitions
- Further contact details of Budweb Sp. z o.o.:
- Website: e-vignettes.com
- Email: shop@e-vignettes.com
- VAT identification number: PL6762478097
- Customer: the (potential) buyer of services offered by Budweb Sp. z o.o.
- Vignette Issuer: the authority issuing the vignette for the Client, being one of the following:
- ASFINAG (Austria) https://asfinag.at
- Federal Office for Customs and Border Security FOCBS (Switzerland) https://via.admin.ch
- Státní fond dopravní infrastruktury (Czech Republic) https://edalnice.cz
- Národná diaľničná spoločnosť (Slovakia) https://eznamka.sk
- DARS (Slovenia) https://evinjeta.dars.si
- Nemzeti Útdíjfizetési Szolgáltató Zrt. (Hungary) https://ematrica.nemzetiutdij.hu/
- Scala Assistance SRL (Romania) https://roviniete.ro
- BGTOLL (Bulgaria) https://web.bgtoll.bg/
- Offer: the (price) statement for the provision of services by Budweb Sp. z o.o.
§2.
Applicability
Through the Service, we provide our Customers the opportunity to register their cars in the system of given country, enabling them to enter with their vehicles, which number plates they provide us while buying our product, on the territory of chosen country. By providing us all the necessary information, we register Customer’s car in appropriate register. Due to technical reasons, registration of the vignette in the online system may take up to several hours, which should be calculated on the side of Customer, before entering in foreign country.
We are private entity, we do not act on behalf of the administration of the countries in which we sell vignettes. We don’t have an exclusive license or other rights granting us the exclusive right to register vignettes in the ICT systems of the countries indicated on our website. The price of the vignettes sold via our website includes the price of the administrative fee for registering the vignette in the ICT system and the Store's margin for sales, transaction processing and registration.
- Budweb Sp. z o.o. declares these general terms and conditions applicable to the use of its website and every offer made by Budweb Sp. z o.o., and all resulting agreements between the parties. These terms will also apply to future relationships unless otherwise stated.
- Deviations from these terms apply only if expressly agreed in writing by both parties.
- General purchase conditions of the Customer are expressly rejected.
- Third parties engaged by Budweb Sp. z o.o. for the execution of the agreement may also invoke these general terms and conditions.
- If any part of these terms is found void, the remaining provisions shall continue in force.
§3.
Offer and Agreement
- Every offer is without obligation unless Budweb Sp. z o.o. states otherwise in writing.
- Prices listed on the website are in euros and exclude 23% VAT unless otherwise indicated.
- All statements by Budweb Sp. z o.o. regarding services are indicative.
- Obvious clerical or accounting errors do not bind Budweb Sp. z o.o.
- Budweb Sp. z o.o. may entrust third parties with executing the agreement.
- A contract is concluded when Budweb Sp. z o.o. confirms the offer in writing or electronically.
- Budweb Sp. z o.o. aims to fulfil the agreement within the specified period, but this period is not binding.
- Budweb Sp. z o.o. may change the working methods during the execution of the agreement.
- Budweb Sp. z o.o. is not a party to any agreement between the Client and the Vignette Issuer.
§4.
Age conditions
All of our Clients declare having reached maturity and having the necessary legal capacity to conclude the purchase contract (acceptance of the General Conditions of Use which regularize the legal and factual situation between the Customer and our Service) on our website.
The use of our localizer on the website of the Service constitutes a declaration to use the Service in accordance with these Terms of Use. Therefore, you declare to have understood its provisions in their entirety. Each of our Customers may ask any question regarding the provisions of this document or any other document found on the Service's website by sending the email to the e-mail address: [email protected] The misunderstanding of this document does not constitute the basis for ignoring its provisions.
Subscription made on behalf of an enterprise is equivalent to the recognition of having the necessary authorization to express the declarations of intent on behalf of the said company and to represent it in relations with our Service.
By creating all the computer systems on the website of our Service, we rely on the data you provide us. Therefore, you declare that all the information you provide to access the Service, before and during its use, is true, complete and accurate.
§5.
Intelectual and industrial property
Texts, software, logos and content found on the Service's website (data, videos, images, computer codes, other) may be protected by an intellectual property right (a copyright or a trademark) that we own, licensed or use in respect of the law in force.
Any modification, reproduction, duplication, copy, distribution, sale, resale and other forms of exploitation for commercial purposes or equivalent of the Service (ie any operation to access the source code of the website of our Service, its database or any element likely to be protected by an intellectual property right, as well as to reproduce, represent, distribute or use the protected elements) without prior written authorization from us, are prohibited.
Only the rights of access to the website of the Service and the rights to use its features are recognized. For any other use of the content of the Service, you need our prior written consent.
§6.
Personal data and the security of the Service
By providing all the features of our Service at your disposal, we are committed to privacy and the protection of personal data. Our practices are detailed in our Privacy Policy, which you can find on our website, and in our Cookies Policy, also available on our website.
You may exercise your rights over your personal data by following the form that is stated in our Privacy Policy or by simply sending an email to: [email protected]
We are committed to remedying and implementing timely corrective actions to correct a potential security breach as soon as possible.
You undertake to inform us, immediately and through the email available on our website, of any situation that may lead to the usurpation of the identity of any user of our Service and any breach of the security of the Service.
§7.
Client Obligations
- The Client shall provide the necessary cooperation for the execution of the agreement.
- The Client is responsible for providing the required information in a timely manner.
- The Client is obliged to review the terms set by the Vignette Issuer.
- Disputes arising between the Client and the Vignette Issuer must be resolved by those parties.
§8.
Prices and Payment
- The Client agrees that the prices are fair and reasonable.
- Payment must be made prior to the commencement of services unless otherwise agreed.
- In case of late payment, Budweb Sp. z o.o. may charge interest and collection fees.
§9.
Prohibited behavior
The following behaviors are strictly prohibited and may give rise to any action in order to repair any damage caused, including the termination of any contract that binds us with the Client, referring to the behaviors in question:
1. any intrusion or attempted intrusion into our system,
2. any breach of the security and authentication measures,
3. any misuse of system resources on the Service's website,
4. any action likely to impose a disproportionate burden on our infrastructures,
5. any behavior likely to suspend, interrupt, slow down or prevent access to the Service,
6. any act likely to affect our financial rights and commercial or moral interests of our Service as well as to those of the users of the Service.
We reserve the right to take any appropriate action in the event of a breach of any of the provisions of the present paragraph or the present document in general, as well as other documents and policies that you can find on the Service's website by dispositions of which our Clients are legally obliged or more generally - any violation of the laws and legal regulations.
§10.
Payment method
It is possible for all our Customers to make online payment for the service acquired, by credit or debit card. Therefore, we inform you that any transaction you make on the website of our Service is made by secure payment method, using SSL technology which allows us to guarantee the security of data transmission.
§11.
Right of withdrawal and refunds
Given the type of service we provide, the right of withdrawal and refunds shall not apply. However, given our Customer-friendly attitude, we allow our Customers to get refund in case of such necessity on their side. The case shall however be justified if BUDWEB is not binded by generally applicable law to refund Customer.
§12.
Validity of offers, updates
We reserve the right to change the prices visible on our website without notice but only within the limits of the law in force. This is based on the price of services on the market and allows us to update them in order to make the changes allowing us to maintain competitiveness and adapt our services to the expenses necessary for the proper functioning of the services we offer, that are available to our Clients.
We reserve as well the right to update these Terms of Use to ensure the proper functioning of the Service.
We will notify you of changes to the Terms of Use and other documents available on our website, such as the Cookies Policy and the Privacy Policy. Any modification will be the subject of information on our website, through an information banner placed for a period of thirty (30) days before the entry into force of the new Terms of Use, Cookie Policy or Privacy Policy. Any navigation after this period will be subject to the new documents.
§13.
Claims and actions arising from the contract
We are always willing to consider an amicable solution before any legal action. In this regard and in accordance with applicable regulations, we inform about the existence of a European online dispute resolution platform which facilitates the out-of-court settlement of such disputes for contracts also concluded online between consumers and service providers.
The service in question is available on the following website: http://ec.europa.eu/odr.
§14.
Limitation of Liability
If any clause included in this document is declared, in whole or in part, invalid or ineffective, it will only affect that provision or the part declared invalid or ineffective. In such a case, any other provision of the GTUs remain valid and bind all the Customers of the Service.
- Budweb Sp. z o.o.'s liability is limited to the invoice amount.
- Budweb Sp. z o.o. is not responsible for actions of the Vignette Issuer.
- The Client agrees to indemnify Budweb Sp. z o.o. from third-party claims arising from incorrect data provided
§15.
Forum, choice of law and transfer of rights
- Budweb Sp. z o.o. is authorised to transfer its rights and obligations under this agreement to a third party. The Client is only authorised to transfer its rights and obligations to a third party with the written consent of Budweb Sp. z o.o..
- This - and other - agreement(s) concluded between the parties is exclusively governed by Polish law, with the express exception of the Vienna Sales Convention. If, in the future, an obligation arises between the parties other than as a result of an agreement, that obligation shall also be governed by Polish law.
- The court in the district of the principal place of business of Budweb Sp. z o.o. has exclusive absolute jurisdiction to take cognisance of a dispute concerning a (legal) relationship with Budweb Sp. z o.o.
§16.
Customer service, entry into force
For any clarification, incident or claim, you can contact us by:
E-mail address: [email protected]
Postal address: Cracow, Barska 7/2 street, POLAND
These General Terms of Use entered into force on 7th October 2021