General Terms and Conditions Evignettehungary.com
Article 1 - Definitions
The following defined terms will be used in these General Terms and Conditions:
1. General Terms and Conditions: these General Terms and Conditions
2. User: the operator using these General Terms and Conditions in the process of concluding and executing this contract with a Customer.
3. Customer: the person who concludes or has concluded a contract with the User.
4. Consumer: any natural person who acts for purposes that cannot be attributed to his/her commercial or professional activity.
5. Service: a or the Service offered on the User's website (Evignettehungary.com).
6. Service Costs: the amount to be paid 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 to purchase a digital Vignette for Hungary with immediate validity by the Customer. The Customer hereby receives a digital motorway Vignette, which provides him/her with immediate access to the Hungarian motorway network and is delivered to him/her digitally.
8. Vignette: this is the term for verification issued by Evignettehungary.com digitally ("digital vignette") or as a sticker ("vignette") that serves as proof of payment of the toll for a specific registered vehicle for a specific period of time.
9. Grace Period: the statutory period within which the Consumer may exercise his right of Revocation.
10. Revocation: exercise of the statutory right to revoke a distance contract in writing within the reflection period. A sample of the Revocation form is included as Annex I to the General Terms and Conditions.
11. Day: calendar day.
13. National Toll Payment Services Plc.: this is the common term for the Hungarian government agency responsible for toll roads, which is responsible, among other things, for the levying and collection of tolls for the use of certain roads in Hungary.
Article 2 – User Information
Maut & Vignette B.V. operates under the name: Evignettehungary.com
3811 NA Amersfoort,
0031 (0) 85 303 39 23
Available: 7 days a week from 09:00 to 17:00
Chamber of Commerce number: 85804363
Article 3 – Applicability
1. These General Terms and Conditions apply to each offer made by the User and to each contract concluded between the User and the Customer.
2. These General Terms and Conditions shall be made available to the Customer prior to conclusion of the contract in such a way that the Customer can save them on a permanent data carrier without any further intermediate steps. If this is not reasonably possible, it will be indicated before the conclusion of the Agreement 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 request of the Customer.
3. The following General Terms and Conditions apply to all legal transactions between Maut & Vignette B.V. and its Customers. The General Terms and Conditions also apply to Consumers as described in the Dutch Civil Code. 6 Article 230g: any natural person who acts for purposes that cannot be attributed to his/her commercial or professional activity.
Article 4 – The Agreement
1. The Agreement is concluded with the acceptance of the offer by the Customer and the fulfillment of the conditions specified therein.
2. If the Customer has accepted the offer electronically, the User will immediately confirm receipt of acceptance of the offer electronically. If the contract is concluded electronically, the User shall take appropriate technical and organizational measures to secure electronic data transmission and shall ensure a secure web environment. Regarding the offered option of electronic payment, the User shall take appropriate security measures into account.
3. No later than upon 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 permanent data carrier:
- the address of the User's branch office, to which the Customer can address questions, requests or complaints;
- the conditions under which the Consumer may exercise his/her right of Revocation;
- the information about possible guarantees and the 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 contract performance;
- the Revocation form sample for the Consumer.
Article 5 – Consumer’s Right of Revocation
1. The Customer may terminate the contract within a period of 14 Days without giving any reason.
2. The reflection period referred to in paragraph 1 shall commence on the Day following the conclusion of the Agreement.
Article 6 - Exercise of the Right of Revocation by the Consumer
1. If the Customer makes use of his/her right of Revocation, he/she must notify the User within the Revocation period using the Revocation form sample or in another unambiguous manner.
2. The risk and burden of proof for the correct and timely exercise of the right of Revocation lies with the Customer.
3. If necessary, 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 Customer terminates after having previously explicitly requested the commencement of contract performance during the reflection period, the Customer shall owe the User the amount proportionate to the part of the obligation that the User has performed at the time of termination as compared to the full performance of the obligation.
5. The Customer shall not bear any costs for execution of the contract if:
- the User has not provided the Customer with the legally required information about the right of Revocation, the reimbursement of costs in case of Revocation or the Revocation form sample, or;
- the Customer has not explicitly requested commencement of contract performance during the reflection period.
Article 7 – User’s Obligations in the Event of Revocation by the Consumer
1. If the User enables the Customer to declare Revocation by electronic means, the User shall immediately send an acknowledgement of receipt of this declaration.
2. The User must return all payments received from the Customer, including delivery costs, without undue delay and no later than within 14 Days from the Day on which the Customer sent the notification of Revocation from this contract.
3. The User must 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 made free of charge.
Article 8 - Exclusion of the Right of Revocation for the Consumer
The right of Revocation is excluded if the User has clearly stated this when making the offer or at least in good time before conclusion of the contract:
1. After complete execution of the Agreement, but only if:
- the execution has begun with the client’s explicit prior consent; and
- the Customer has declared to waive his/her right of Revocation as soon as the User has fully executed the contract;
2. When the Digital Vignette is activated the right of withdrawal does not apply.
Article 9 - Prices
1. The prices mentioned in the Service offer are composed of the toll costs of National Toll Payment
Services Plc. (https://ematrica.nemzetiutdij.hu/) and the User’s Service Costs (https://Evignettehungary.com/en/price-overview/) for immediate availability of the vignette.
2. The prices stated in the Service offer include VAT.
Article 10 - Fulfillment of the Agreement
The User guarantees that the obligations to be fulfilled by him/her 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 utmost care
2. Place of performance is the address provided to the User by the Customer.
3. The User is obligated to sign the contract within the previously specified period and, if it is not met, immediately.
Article 12 – Payment
1. Unless otherwise specified in the contract, the amounts owed by the Customer shall be paid immediately upon conclusion of the contract
2. The Customer is obligated 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 publicized complaint procedure and handle the complaint in accordance with this complaint procedure.
2. Complaints about contract performance must be communicated to the User in full and clearly described within a reasonable period of time after discovery of the shortcomings 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 foreseeable longer processing time, the User shall respond 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 terms apply are governed by Dutch law. If the Consumer resides in an EU country other than the Netherlands and the legislation of that EU country offers better protection, the User will apply those rights.
Revocation Form Sample
Revocation form sample
(fill out and return this form only if you want to revoke the contract)
- To: [ Operator’s name]
[Operator’s physical address]
[Operator’s fax number, if available]
[Operator’s email or electronic address]
- I/We* hereby give notice that I/we* have decided to terminate our contract for the
Sale of the following products: [product name]*.
Provision of the following digital content: [name of digital content]*.
Provision of the following service: [name of service]*, revocation/revocation*.
- Ordered on*/Received on* [date of order for services or date of receipt for
- Name of consumer(s)]
- Address of consumer(s)]
- Signature of consumer(s)] (only if this form is submitted on paper) - [name of consumer(s)
Submission of this form)
* Delete or fill in where not applicable.