1. Provider / Scope of Application

1.1. Please read these terms and conditions carefully. They govern in a binding manner the contractual relationship between you, hereinafter referred to as the „customer“, and Digivignette GmbH, 6048 Horw, Switzerland, hereinafter referred to as „Digivignette“ or „we“.

1.2. The customer is considered a consumer unless the purpose of the ordered deliveries and services can be predominantly attributed to their commercial or independent professional activity. An entrepreneur, on the other hand, is any natural or legal person or partnership with legal capacity who concludes the contract in the exercise of their commercial or independent professional activity.

2. Subject Matter of the Contract

2.1. Digivignette offers on the website Digivignette.ch an online platform on which customers can purchase or commission the registration of digital motorway vignettes, hereinafter referred to as „e-vignettes“.

2.2. For Switzerland:
The subject of the contract is the customer's instruction to Digivignette to register a specific motor vehicle in the electronic database of the competent authority, on behalf of and for the account of the customer, for a specific period of validity, and thereby to pay the required toll for the use of vignette-obligatory roads.

Digivignette does not acquire this service in its own name from the toll or vignette operator, but exclusively acts as a technical service provider, carrying out the registration in the digital vignette system in the name and on behalf of the customer.

Digivignette is only obliged to carry out the registration as an electronic service for the customer. However, Digivignette is not obliged to deliver an e-vignette as a physical or independently.

In this case, Digivignette does not issue an e-vignette in PDF format itself. Following successful registration, the responsible authority will issue a confirmation of the vehicle's registration in the vignette system. Digivignette will forward this confirmation to the customer as part of the registration service.

2.3. The services provided by Digivignette are subject to a fee. This fee is composed of the price for the digital vignette or the applicable levy, as well as a service fee from Digivignette.

2.4. Digivignette is entitled to carry out the vehicle registration with the competent authority in the name and on behalf of the customer.

2.5. Motorway vignettes are issued exclusively by the competent authority on the basis of the applicable national regulations, ordinances, and laws. Only the competent authority decides on the granting or refusal of a digital vignette.

Digivignette has no influence on this decision. The licence plate or registration number provided by the customer to Digivignette is decisive for the display or registration of the digital motorway vignette.

3. Offer of Contract and Conclusion of Contract

3.1. The presentation of services and products on the Digivignette website does not constitute a legally binding offer, but rather a non-binding invitation to order.

3.2. By clicking the „Order subject to payment“ button, the customer places a binding order for the services and products listed on the order page. Digivignette will promptly confirm receipt of the order to the customer. However, this confirmation of receipt does not yet constitute acceptance of the customer's contract offer.

3.3. The contract with Digivignette comes into effect depending on the payment method chosen by the customer. Depending on the payment method, Digivignette will initiate the payment process after completing the order and, if applicable, forward the customer directly to the selected payment provider. There, the customer can confirm the payment instruction after entering their payment details.

However, the redirection to an approved instant payment method and the subsequent payment of the purchase price or fee by the customer do not yet constitute an acceptance of the contract offer by Digivignette and therefore do not yet lead to the conclusion of the contract.

3.4. Digivignette accepts the offer of contract by means of a clear declaration in written form, for example via email. All declarations by Digivignette can be transmitted to the customer electronically, in particular via email.

4. Prices and Payment

4.1. The prices quoted are fixed prices.

4.2. For vignettes in Switzerland, invoicing is carried out in Swiss Francs.

4.3. Invoices from Digivignette within the scope of the contractual relationship will be sent to the customer electronically, particularly by email. The customer accepts the electronic invoice in place of a paper invoice and acknowledges its legal validity.

5. Liability

Digivignette shall be liable for damages only if Digivignette or one of its vicarious agents has culpably breached a material contractual obligation, so-called cardinal obligation, in a manner that jeopardises the purpose of the contract, or if the damage is based on gross negligence or intent on the part of Digivignette or one of its vicarious agents.

Where the culpable breach of a material contractual obligation is not based on gross negligence or intent, Digivignette's liability is limited to the damage that was reasonably foreseeable at the time of the conclusion of the contract.

Liability for warranted characteristics, for injury to life, limb and health, as well as for mandatory legal provisions, shall remain unaffected.

6. Final Provisions

6.1. Amendments and alterations to the contract between the customer and Digivignette must be in writing. Verbal collateral agreements shall be deemed not to have been made.

6.2. Should individual provisions of these Terms and Conditions be or become wholly or partly invalid, the validity of the remaining provisions shall remain unaffected.