Please read these General Terms and Conditions carefully, as they bindingly regulate the contractual relationship between you (hereinafter referred to as "Customer") and us, barely digital Fortable LLP, 010006 Astana, Kayym Mukhamedkhanova, Kazakhstan (hereinafter referred to as "Fortable" 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.
Fortable offers an online service on the website https://etolly.com, through which the customer can order Fortable to issue a digital motorway 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 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. Fortable has no influence on the decision of the responsible body on the issuance or non-issuance of a digital vignette.
In this respect, Fortable only owes the customer the execution of the application for the digital vignette requested by the customer, but not the issuing of the vignette.
Fortable itself explicitly does not sell vignettes, does not issue them, does not operate motorways and does not grant road use rights.
Fortable provides registration service in the following countries: Austria, Slovenia, Hungary, Czech, Slovakia, Bulgaria, Romania and Switzerland.
We will henceforth refer to the list of countries as "affected countries".
The customer is allowed to purchase the e-vignettes of affected countries for their own use only. The customer is not permitted to resell e-vignettes of affected countries. Fortable can exclude customers from purchasing e-vignettes with immediate effect and without warning if the customer violates these rules.
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 "Checkout" you place a binding order for the services and products listed on the order page.
Fortable 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 Fortable 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 Fortable and thus does not yet lead to the conclusion of a contract.
Fortable declares acceptance of the contract by means of a clear declaration in text form (e.g. e-mail).
The contract shall be deemed to have been fulfilled by us as soon as Fortable has applied for the issue of the vignette requested by the customer to the competent authority.
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 Giropay or by credit card American Express, MasterCard, Maestro or Visa.
If the customer instructs Fortable to apply for a so-called annual toll sticker at the responsible office or using other subscription model options (hereinafter referred to as "subscription services"), Fortable offers the optional possibility of concluding a subscription contract. If the customer decides to activate the subscription by selecting the corresponding checkbox in the order process on our website and thus to conclude a subscription contract, Fortable will automatically apply for subscription services for the customer 2 days before the expiry date for a fee ("service charge") and reimbursement of the toll sticker price incurred for this. Fortable will debit the fee ("service charge") and the vignette price for the extension 14 days before the expiry of the validity of the current annual vignette via the means of payment selected by the customer at the time of the initial order. For this purpose, the Customer grants Fortable a corresponding debit authorization (mandate).
The subscription contract runs for an indefinite period of time and can be cancelled 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 vignette to be extended has been carried out by Fortable, a cancellation for the annual vignette period to be extended is no longer possible.
The Customer undertakes to cooperate in the performance of the order by Fortable. In particular, the Customer is obligated to provide Fortable 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 authorised by the registered owner of the vehicle for whose number plate he/she instructs Fortable to apply to the competent authority for the issue of a motorway toll sticker.
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 Fortable 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.
(1.) Right of withdrawal for consumers: You have the right to withdraw from this contract within fourteen days without giving any reason. The revocation period is fourteen days from the day of the conclusion of the contract. In order to exercise your right of revocation, you must inform us by e-mail by means of a clear declaration of your decision to revoke this contract. In order to comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period.
E-mail: [email protected]
(2.) Consequences of the revocation: If you revoke this contract, we have to refund all payments we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), immediately and at the latest within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment.
If you have requested that the services begin during the withdrawal period, you must 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.
Note on the 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 we have provided the service in full and have only started to provide the service after you 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 us.
Additions and amendments to the contract between the Customer and Fortable must be made in writing. This shall also apply with respect to this written form requirement. Verbal collateral agreements shall be deemed not to have been made.
(1.) The exclusive place of jurisdiction for all present and future claims arising from the business relationship with fully qualified merchants, including claims based on bills of exchange and cheques, shall be the registered office of Fortable. In any case, Fortable may also assert its claims before the courts of the Customer's general place of jurisdiction. Any exclusive place of jurisdiction shall remain unaffected. Place of performance is Astana, Kazakhstan.
(2.) The place of jurisdiction determined under 11. clause (1.) shall also apply if the customer does not have a general place of jurisdiction in Kazakhstan, moves his place of residence or habitual abode out of Kazakhstan after conclusion of the contract or his place of residence or habitual abode is not known at the time the action is brought.
(3.) The contractual relationship between the contracting parties shall be governed exclusively by Kazakhstan law to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
(4.) The customer is only entitled to a right of retention due to counterclaims from this contract. The Customer may only set off claims that have been legally established or are undisputed.
(5.) All declarations by Fortable may be addressed to the Customer electronically. This shall also apply to invoices within the scope of the contractual relationship.
(6.) Should any provision of this Agreement be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions. In any case, the parties are obliged to agree on a substitute clause in place of an invalid or unenforceable provision, which closes the contractual gap in a permissible and enforceable manner in the sense of the contract.