General terms and conditions

1. provider / scope

Please read these General Terms and Conditions carefully, as they govern the contractual relationship between you (hereinafter referred to as "customer") and us, Himmele Verwaltungs GmbH, Weststr. 30A, 8280 Kreuzlingen (hereinafter referred to as "swiss-vignette"). Deviating general terms and conditions of the customer shall not apply. Even if we do not expressly contradict these General Terms and Conditions, they shall not apply.

2. object / service

Schweiz-Vignette offers an online service on the website schweiz-vignette.ch, where the customer can order/order a vignette from Himmele Verwaltungs GmbH. Order/in order and Himmele Verwaltungs GmbH at the competent authority, the competent freeway operator or the competent point of sale (hereinafter "competent point of sale") for a fee ("service fee") this acquires a digital freeway vignette for the license plate specified by the customer issues.

In the offered service, Himmele Verwaltungs GmbH explicitly acts only as an intermediary between the service user (customer) and the official body of the country for toll matters, so that a contract between the service user and the official body of the country for toll matters is concluded. For the mediation, the service provider / mediator receives a mediation commission (service fee), which is provided to the service user for reference in the consumer information and whose knowledge must be confirmed by the service user by clicking on an opt-in checkbox in the order process.
Freeway 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. Himmele Verwaltungs GmbH has no influence on the decision of the responsible body about the issuance or non-issuance of a digital vignette.

The service user acquires a "digital vignette" or "digital route toll" in the official toll store of the respective country through the license plate registration and thus no longer needs an adhesive vignette.
In this respect, Himmele Verwaltungs GmbH owes the customer only the execution of the application for the digital vignette requested by the customer, but not the issuance of the vignette.

Himmele Verwaltungs GmbH itself expressly does not sell vignettes, does not issue them, does not operate freeways and does not grant road usage rights.
Himmele Verwaltungs GmbH is not an official sales partner of the respective toll operators, but an independent service provider.

3. offer of contract, conclusion of contract, provision of service

3.1 The presentation of services and products on our website does not constitute a legally binding offer, but merely an invitation to place an order.
By ordering the registration of the Service User's license plate, the Service User makes a declaration of intent to enter into a contract with the Service Provider for the registration of the respective license plate, not for the purchase of the toll product. The contract on the purchase of the toll product is concluded through the intermediary between the Service User and the official toll authority of the country. The contract is concluded when the Service Provider sends a written order confirmation to the Service User.

3.2 The subject of the service is, among other things, the registration of the Service Users' license plates in the toll systems of the respective countries, which is usually performed within a few minutes and without waiting periods. The Service Provider shall start providing the service immediately after the Service User completes the ordering process. For this purpose, the service user must actively agree to the premature expiration of the right of withdrawal pursuant to Section 356 (4) of the German Civil Code (BGB) by clicking on an opt-in checkbox on the order overview page, with which he or she marks the following declaration as read and accepted: "I agree to the General Terms and Conditions, the cancellation policy, and the consumer information. I agree and expressly request that you start the execution of the ordered service before the end of the withdrawal period. I am aware that I lose my right of withdrawal upon complete fulfillment of the contract by you." An execution of the service takes place only with clicking the, for the consumer provided, above-mentioned consent, the completion of the payment process. If the payment or license plate confirmation is made on a later day than the selected start date of the product, the execution of the service will take place at the earliest possible time.

3.3 Registration is confirmed to the Service User upon receipt of a registration confirmation, only then is the registration completed and the Service User is entitled to drive on toll roads. Registration within a few minutes cannot always be guaranteed due to numerous (external) influencing factors. In case of non-receipt of the registration confirmation, the Service User undertakes to contact the Customer Support. If the Service User drives on toll roads without receiving the registration confirmation and receives one or more penalties for possibly unauthorized use of toll roads, the respective penalties cannot and will not be borne by the Service Provider. By clicking the opt-in checkbox, the Service User accepts the Service Provider's GTC.

schweiz-vignette.ch will inform you immediately by e-mail about the receipt of your order. However, this confirmation of receipt does not yet constitute acceptance of your contractual offer.

3.4 If the Service User has selected an annual vignette as a product, the Service User may optionally request an automatic renewal of the annual vignette after the product expires. For this purpose, the Service User must click on a checkbox that has not been preselected. The future vignette prices are not determined by Himmele Verwaltungs GmbH, but by the official toll operators and laws, and may differ from the vignette prices that were valid at the time of the conclusion of the automatic extension. By selecting the automatic renewal of the product and completing the order, the service user agrees to the debiting of the vignette price, which may be changed as described above. The debiting of the toll sticker price as well as the installation of the new toll product will be carried out in due time before the expiry of the ordered toll product. The service user will receive a registration confirmation by e-mail as proof of the successful renewal of his vignette and will be entitled to drive on toll roads from that moment on. The subscription contract runs for an indefinite period and the user can cancel the automatic renewal of his toll product in his order overview at any time up to 7 days before the debit by clicking on "Cancel subscription". As soon as the debit for the annual toll sticker to be extended has been made by Himmele Verwaltungs GmbH, a cancellation for the annual toll sticker period to be extended is no longer possible.

The service user has the option to cancel the automatic renewal of his toll product in his order overview at any time by clicking on "Cancel subscription".

3.5 When the contract with Himmele Verwaltungs GmbH 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 him for this purpose, where he can confirm the payment instruction after entering his payment data. The forwarding by us to a released immediate payment method and the subsequent payment of the purchase price or fee by the customer, however, does not yet represent an acceptance of the contract offer by Himmele Verwaltungs GmbH and therefore does not yet lead to the conclusion of a contract.

Himmele Verwaltungs GmbH declares the acceptance of the contract by a clear declaration in text form (e.g. e-mail).

4. cancellation policy

According to §13 of the German Civil Code (BGB), persons in the sense of this law have a legal right of revocation when concluding a distance selling transaction, which Himmele Verwaltungs GmbH informs about in accordance with the legal requirements:

Cancellation policy

You as a service user have the right to revoke this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day of the conclusion of the contract.

To exercise your right of withdrawal, you must inform us, Himmele Verwaltungs GmbH, Weststr. 30A, 8280 Kreuzlingen, [email protected] of your decision to withdraw from this contract by means of a clear declaration (e.g. a letter or e-mail sent by post). You can use the attached sample cancellation form for this purpose, which is, however, not mandatory.

Consequences of revocation:

If there is an effective cancellation, we will refund all payments that we have received from you, including the delivery costs. This does not apply to the costs that you have incurred additionally because you have chosen a different type of delivery than the cheapest standard delivery offered by Himmele Verwaltungs GmbH. The refund by Himmele Verwaltungs GmbH will be made immediately and at the latest within 14 days after receipt of the revocation and by means of the same means of payment that you used for the payment, unless explicitly agreed otherwise with you. You will not be charged any fees for this repayment.

Value replacement:

If you have requested that we start providing the services during the withdrawal period, you shall 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. The calculation of the compensation for the value shall be made using the banking method (each month is calculated at 30 days, each year at 360 days) on a pro rata basis, based on the price of the service and the elapsed period of validity.

Right of withdrawal for consumers

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 the entrepreneur has provided the service in full and has only begun to perform the service after you, as the consumer, 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 the entrepreneur. According to the case law of the Regional Court of Regensburg (file number: "1 HK O 1116/22" judgment of 28.03.2023), the service, as described above, shall be deemed to have been provided in full as soon as the registration of the service user's license plates by the service provider has taken place and has been confirmed to the service user. The right of withdrawal expires prematurely in this case.

- End of the cancellation policy -

Sample cancellation form

If you want to cancel the contract, please fill out this form and send it back.

To: Himmele Verwaltungs GmbH, Weststr. 30A, 8280 Kreuzlingen, CH

I/we (*) hereby revoke the contract concluded by me/us (*) for the provision of the following service (order number*)

Ordered on (*)/received on (*)-

Name of the service user

Address of the service user

Signature of the service user (only in case of paper communication)

Date

(*) Delete as applicable

In case of unauthorized chargeback on the part of the Service User, for example by opening a dispute case with the Payment Provider, the Service User will receive a reminder that includes the following fees of the respective Payment Providers: Mollie (includes payment providers Giropay, Sofortüberweisung, iDEAL, EPS, Überweisung, Klarna) 5€, Stripe (credit card) 15€, Paypal 5€.

5. fulfillment

The contract is considered fulfilled by us as soon as Himmele Verwaltungs GmbH has applied for the issuance of the vignette requested by the customer at the responsible authority.

6. prices, due date and payment

The gross prices and other price components stated on our website are payable by the service users upon the conclusion of the contract under section 3.1 of the GTC. The prices are fixed prices, which consist of the fixed fees of the toll products of the BAZG and the service fee of the service provider. A breakdown of the total price is provided to the Service User in the Consumer Information, which the Service User must acknowledge before completing the ordering process. If the customer chooses PayPal as a means of payment, we are prepared to accept a credit to our PayPal account on account of performance (§ 364 para. 2 BGB).

7. obligations of the customer

The customer is obligated to cooperate with the fulfillment of the order by Himmele Verwaltungs GmbH. By using the service, the service user assures that he is authorized to commission the service, in particular the customer is obliged to provide Himmele Verwaltungs GmbH with correct personal data as well as the vehicle to be registered. Accordingly, a false declaration is the responsibility of the service user, not the service provider.

If the service user makes an incorrect entry, the license plate can only be changed under the conditions specified by the country-specific toll authority.

For a change of an annual route toll (also in subscription) or an annual vignette, the Service Provider provides a product transfer function. After the toll product could be successfully transferred to the account of the country-dependent toll authority of the Service User, a change of the license plates can be performed / requested under the provisions of the country-dependent toll authority. A guarantee for a successful product transfer cannot be given by the Service Provider.

Himmele Verwaltungs GmbH reserves the right to investigate suspicions of fraud or misappropriation of services and to file criminal charges. Likewise, Himmele Verwaltungs GmbH reserves the right to initiate measures under civil law, such as the reclaim of a possibly granted compensation. In addition, Himmele Verwaltungs GmbH is entitled to exclude the customer from using future services in these cases.

8. liability

We shall only be liable for damages if we or one of our vicarious agents have violated an essential contractual obligation (cardinal obligation) in a way that endangers the purpose of the contract or if the damage is based on gross negligence or intent of the contractual partner Himmele Verwaltungs GmbH or one of our vicarious agents. If the culpable violation of an essential contractual obligation (cardinal obligation) is not based on gross negligence or intent, our liability is limited to the damage that was reasonably foreseeable for us at the time of conclusion of the contract. Our liability for warranted characteristics, for personal injury and on the basis of mandatory statutory provisions shall remain unaffected.

9 Jurisdiction / Applicable Law / Miscellaneous

Himmele Verwaltungs GmbH is not obliged to participate in a dispute resolution procedure and is not willing to do so. However, we are legally obliged to refer to the competent consumer arbitration board:

Competent consumer arbitration board:

General Consumer Arbitration Board of the Zentrum für Schlichtung e. V. (Center for Arbitration)

Strassburger Str. 8

77694 Kehl

Internet: www.universalschlichtungsstelle.de

Information on online dispute resolution pursuant to Art. 14 (1) ODR Regulation:

The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), available at www.ec.europa.eu/consumers/odr/main/index.cfm. You can find our e-mail address in our imprint. We are neither obliged nor willing to participate in the dispute resolution procedure.

9.1 Exclusive place of jurisdiction for all present and future claims arising from the business relationship with fully qualified merchants, also for claims arising from bills of exchange and checks, is the registered office of Himmele Verwaltungs GmbH. However, Himmele Verwaltungs GmbH is entitled to assert its claims also at the courts at the general place of jurisdiction of the customer. A possible exclusive place of jurisdiction remains unaffected.

9.2 The place of jurisdiction specified in clause 9. sentence (9.1.) shall also apply if the customer does not have a general place of jurisdiction in Germany and, after conclusion of the contract, moves its place of residence or habitual abode out of Germany or its place of residence or habitual abode is not known at the time the action is brought.

9.3 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.

9.4 If individual provisions of this Agreement are invalid in whole or in part, the concluded contract between the Service User and the Service Provider as well as the remaining GTC shall continue to apply. The invalid provisions shall then be replaced accordingly by statutory provisions that come closest to the original rules in terms of content. This shall also apply to any existing unresolved contractual aspects.

These GTC are valid and effective from: April 25, 2023