General terms and conditions maut1 GmbH
Status 01.03.2022
1. Scope
These General Terms and Conditions of Business of maut1 GmbH (GTC) apply in their current version. They apply to the entire business relationship between the maut1 customer (Customer) and maut1 GmbH (maut1). After the termination of the business relationship, these GTC shall continue to apply until the final settlement of the business relationship. Any terms and conditions of the Customer shall never become part of the contract, even if maut1 does not explicitly object them. For the toll products of maut1, the respective general terms and conditions of business and use of the respective toll collection company (= Telepass) shall also apply, which can be viewed here: www.maut1.de/en/help-and-service/partner-gtc/
2. Conclusion and term of contract
2.1 A prerequisite for the conclusion of a contract between maut1 and the Customer is that the Customer is a natural person of unlimited legal capacity who has reached the age of 18 or a legal entity that has its residence or registered office in a country listed under www.maut1.de during registration (hereinafter referred to as the "Customer"). Insofar as the offer of an unaccepted Customer has been accepted by accident, maut1 shall be entitled to declare its withdrawal from the contract to the Customer within a period of seven working days. When placing an order, the Customer must provide truthful information regarding his identity and the information requested in each case. If he does not comply with this obligation, maut1 is entitled to withdraw from the contract at any time. Furthermore, maut1 expressly reserves the right to assert the resulting damage. The Customer's order via the maut1 website constitutes an offer to maut1 to conclude a purchase contract.
When the Customer places an order, maut1 sends the Customer an e-mail with the order details. This order confirmation
does not constitute an acceptance of the Customer's offer but is only intended to inform the Customer that his order
has been received by maut1. A contract shall only be concluded when maut1 ships the ordered Product or the Toll
Product to be provided to the Customer and confirms the shipment to the Customer with a second e-mail (shipment
confirmation).
2.2 Deliveries and Services shall generally be made in the name and for the account of
maut1, which shall acquire the respective Delivery or Service from its respective service partner beforehand (drop
shipment). Each time the Customer uses the maut1 toll box on a toll route section, maut1 acquires the right to use
the route section from the respective toll operator and sells this road usage right directly to the Customer. If, in
exceptional cases, a prior acquisition of the respective delivery or service by maut1 from the service partner is
not possible for legal or factual reasons, maut1 shall arrange the provision of the service of the service partner
for the customer. In this case, maut1 shall provide the counter-performance to the service partner on behalf of the
Customer and shall acquire the claim for expenses and compensation therefrom against the Customer. The latter shall
apply in particular to the payment of state levied tolls, which cannot be purchased due to their actual or legal
nature. In these cases, the Customer commissions maut1 to pay the tolls owed by him to the corresponding toll
operator in its name and for its account. From this order, maut1 acquires a claim for expenses and reimbursement
against the customer, which it collects from the respective customer in its own name. The Customer is obligated to
reimburse maut1 for the corresponding claim amounts plus the fees specified in Section 5.
maut1 is entitled to carry out the registration and administration (e.g. change of vehicle and customer data) for the
Customer vis-à-vis the Service Partner and to conclude legal transactions for this purpose if they correspond to the
actual or presumed will or interest of the Customer.
2.3 The contractual relationship is concluded for a
period of one year, calculated from the date the toll box is sent to the Customer ("fixed term"). It shall be
extended by another year at a time if it is not terminated by one of the contracting parties no later than one month
before the end of the fixed term. The contract may be terminated by the Customer by returning the toll box. The date
of receipt of the toll box by the recipient of the declaration shall be decisive for compliance with the notice
period.
2.4 Termination for good cause without notice is permitted at any time. Good cause entitling
maut1 to terminate the contract may include, in particular, misuse of the toll box by the Customer, returned debit
notes, default in payment, occurrence of payment difficulties (imminent financial collapse), securities not provided
or increased within a reasonable period of time or deterioration in the value of securities provided, insofar as
this jeopardizes the fulfillment of claims, as well as gross violations of the obligations incumbent on the Customer
under these General Terms and Conditions for which the Customer is responsible. If the important reason is a breach
of contract by the Customer, termination is only possible after the unsuccessful expiry of a reasonable period of
time set for remedial action or an unsuccessful warning, unless this is dispensable taking into account the
respective interests. The toll box is valid during the existence of the contractual relationship until the last day
of the expiration month.
2.5 After termination of the contractual relationship, maut1 is entitled to
block the corresponding toll box at the expense of the customer.
3. Right of revocation, exclusion of revocation
3.1 Cancellation policy
The contractual declaration can be revoked in text form (e.g. letter, online form) within two weeks without giving reasons, stating the customer number and order number. This grace period begins at the earliest with receipt of the goods and not before receipt of this instruction. To meet the revocation deadline, it is sufficient to send the letter of a revocation in time.
Before the order process is completed, the customer will be advised of this again and can only complete the order if he explicitly agrees to these provisions.
The revocation can be sent by letter or return of the toll box to the following address:
maut1 GmbH
Eduard-Rüber-Straße 7
83022 Rosenheim
Germany
or
online under:
https://www.maut1.de/en/Help-and-service/Contact/
3.2 Consequences of revocation:
In the event of an effective revocation, the services received by both parties shall be returned and any benefits
derived (e.g. a usage fee for the use of the item) shall be surrendered. If it is not possible for the customer to
return the received performance in whole or in part, he is obligated to pay compensation for the value. The customer
has to bear the costs of the return. Obligations to refund payments must be fulfilled by the customer within 21 days
after sending his notice of revocation. In the case of a return, the shipping costs will not be refunded. The
customer bears the transport risk.
3.3 Exclusion of the right of revocation
A right of revocation does not exist for contracts for the delivery of goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer. This applies in particular to the toll box for vehicles over three meters high and weighing over 3.5 tons, which must be specially personalized for the customer. This is an irreversible process, so that one of these toll boxes can only be used for a specific customer.
4. Billing, Charges
The basis for the calculation is the list prices of maut1
valid on the day of the transaction as well as the prices of the service partners and the fixed toll of the
respective toll operator on the day of the provision of the service. maut1 generally charges in Euros (€), but can
also demand payment in other currencies. In addition, maut1 charges service surcharges and fees according to the
current price list. The currently valid prices are shown on the maut1 website next to the relevant product.
All bank charges incurred in domestic and foreign payment transactions shall be borne by the Customer. Checks are not accepted.
Bank charges incurred as a result of unauthorized direct debit protests, returned direct debits or credit card chargebacks shall be reimbursed in full to maut1 by the Customer.
5. Payment methods and Chargebacks
The payment methods accepted by maut1 can be
found at the following link: www.maut1.de/en/help-and-service/shipping-costs/. The
information reproduced there are an integral part of these General Terms and Conditions.
Chargebacks are chargebacks in the area of credit card payments. For the processing of a chargeback, maut1 charges the customer a flat rate of 35 EUR.
In the event of an unauthorized chargeback by the customer, maut1 shall be entitled to charge all costs incurred to the customer. This also applies to the unauthorized chargeback of a submitted direct debit (return debit).
For the processing of a returned debit note, maut1 shall charge the customer a flat rate of 35 EUR.
Likewise, maut1 reserves the right to pass on to the customer any fees incurred in the event of an uncovered credit card or bank account. In order to avoid additional costs, we recommend our customers to contact us in advance by e-mail in case of complaints of any kind: [email protected].
The customer is responsible for ensuring that the means of payment specified by him/her is active until at least three months after the return of the toll box and that payments can be debited from it or settled.
6. Delivery and freedom of delivery
Neither maut1 nor its respective service
partners are obligated to conclude individual contracts with the Customer for the provision of services or
deliveries. Such obligation shall only arise upon the conclusion of the respective individual contract. Any
information on the delivery period shall be non-binding, unless the delivery date has been individually confirmed by
maut1 in writing.
7. Payment obligation and retention of ownership
The customer's payment obligation
arises upon conclusion of the contract. If maut1 and the Customer have not agreed on a different payment term, all
claims that maut1 acquires against the Customer are in principle due for payment immediately. maut1 retains title to
delivered Goods until the purchase price and all other claims arising from the business relationship have been paid
in full. In the event of default in payment, non-redemption of direct debits, protests of checks or bills of
exchange, the total claim shall become due for payment immediately and shall be subject to interest at a rate of 8
percentage points above the base interest rate for the duration of the default.
The assertion of further damage caused by default remains unaffected. However, the customer reserves the right to prove a lesser damage. In individual cases, maut1 is entitled at any time upon request to demand appropriate financial securities from the customer.
All invoices shall be sent to the Customer at his specified e-mail address. An exception to this payment agreement is only possible between maut1 and the Customer directly and requires a prior clear written agreement.
The Customer shall select a valid payment method on the maut1 website through which all receivables will be settled. If settlement via the selected payment method is not possible, the customer will be informed of this by e-mail.
The process automatically moves to the dunning process if the customer does not comply with the request to check or update the payment data in his customer portal. In the dunning process, all of the customer's open transactions shall become due immediately.
If all attempts by maut1 to request payment from the customer are unsuccessful and there is no response from the customer for clarification, maut1 GmbH reserves the right to transfer the claim to an external collection agency.
In the field of debt collection, maut1 GmbH cooperates with Creditreform Rosenheim, Ganzmüller & Groher KG, which further enforces the claim against the customer. After a transfer to Creditreform, the payment including the costs incurred for this must be settled by the customer to Creditreform.
The handover to a debt collection agency can have negative effects on the creditworthiness of the customer. The customer must keep all his data and in particular his e-mail address in the customer portal up to date at all times, as this is used for all communication with maut1.
The customer shall only have a right of set-off if its counterclaims have been legally established or recognized by maut1. The customer shall never have a right of retention.
8. Checking the invoice and complaints
The services and goods purchases registered
by means of electronic products shall be deemed to have been received upon receipt by the customer. The Customer
shall check the maut1 invoices without delay and notify any objections in writing within four weeks of the invoice
date at the latest, stating all the data objected to in the invoice and the full grounds for the objection. After
this time, the invoice shall be deemed to have been approved by the Customer, unless it can be proven that it was
impossible to check the invoice through no fault of the Customer.
9. Liability
9.1 The Customer shall be entitled to the statutory warranty rights
with regard to the goods and services purchased directly from maut1. Liability for material defects shall be
excluded if the defect is due to improper use or above-average stress on the goods on the part of the Customer. This
shall apply accordingly to parts subject to wear and tear.
9.2 The statutory limitation periods for
defect claims shall apply to defects in the ordered goods. Any manufacturer's warranty shall not affect the claims
for defects.
9.3 Complaints regarding the quality and/or quantity of the Goods/Services must be notified
to maut1 by e-mail no later than 3 days after receipt by the Customer.
9.4 maut1 shall only be liable
for damages in the event of intent or gross negligence. This limitation of liability shall not apply to damages
based on injury to physical health or life. maut1 shall not be liable for consequential harm caused by a defect.
This includes in particular loss of profit or other financial losses.
10. Toll box and obligations of the customer
10.1 The Customer is obliged to
provide maut1 with all information and data required for the execution of the contractual relationship. Any change
in the customer data required for the registration of toll boxes must be communicated by the customer to maut1
without delay. This includes, in particular, changes to the company name, legal form, address, vehicle fleet and
vehicle registration number. An ordered toll box shall be shipped to the Customer's receiving address specified for
this purpose. The Customer is obliged to inform maut1 immediately in the event of errors in the toll box so that
maut1 can arrange for the error to be rectified. The Customer is aware that the toll box is reused and may show
signs of use.
10.2 The toll box remains the property of maut1 or the toll operator. The Customer shall
keep the toll box safe and handle it with care. He must return it to maut1 immediately and at his own expense if the
period of validity has expired, its use has been prohibited by maut1 or the toll box has been damaged. He has no
right of retention. If the toll box is stolen, damaged or destroyed, the Customer must notify maut1 immediately and
without culpable hesitation.
10.3 The toll box may only be used in the toll systems intended for this
purpose. The misuse or improper use of a device, for example opening it or passing it on to a third party, is
prohibited. In case of a defect of the device, the Customer shall pay the tolls in another suitable form.
10.4 With regard to the use of the toll products, the Customer shall receive instructions together with
the delivery bill. The Customer undertakes to comply with the provisions set forth in the instructions for the Toll
Product and to use the Product accordingly.
10.5 The Customer is obliged to notify maut1 immediately of
any damage, theft or other loss of the toll box.
The notification must be made by email to the following address: [email protected].
maut1 shall endeavor to block the toll product as quickly as possible. However, it shall come into effect at the latest at the end of the second working day after the blocking notification. In the event of damage, the Customer shall receive a current Product in exchange for the damaged Toll Box.
Upon receipt of the replacement device, the Customer shall immediately return the defective device to maut1 at its own expense.
In case of theft or loss of the toll box, its usability remains possible until it is blocked. The customer must notify maut1 of the theft/loss without delay. The notification must include the toll box number and the vehicle registration number as well as the time and place of the theft/loss. The customer is responsible for the continued use of the toll box until the block becomes effective. Furthermore, the customer is liable for any further damage caused by misuse of the product until the activation of the blocking request.
The customer shall reimburse maut1 for the damaged toll box in accordance with the price list or the blocking fee incurred by maut1.
11. Processing of data and data secrecy
maut1 processes the Customer's data, in particular data arising from the contractual relationship, exclusively within the framework of the provisions of data protection law (e.g. BDSG and/or EU-Datenschutz-Grundverordnung, in particular Art. 6). This also includes, subject to the permissibility under data protection law, the processing and/or transmission of data to third parties (e.g. service partners) who act on behalf of maut1 within the framework of the applicable provisions and corresponding guarantees. Further information on data protection can be found at www.maut1.de/datenschutz/ Order processing is carried out within maut1 and service partners with the aid of automatic data processing. maut1 stores the data from the contractual relationship in accordance with Section 28 of the Federal Data Protection Act (Bundesdatenschutzgesetz) for the purpose of data processing and reserves the right to transfer this data to third parties (e.g. service partners) insofar as this is necessary for the performance of the contract. The Customer hereby gives its express consent to the processing of data which has become known to maut1 within the framework of contractual relations and which is necessary for the processing of the order. The Customer further agrees that maut1 may also forward the data received from the business relationship with him in the sense of the Federal Data Protection Act for business purposes of maut1 to its service partners, for their use in the context of the specific order processing.
12. Electronic invoicing
An ordinary invoice is always issued in electronic form. The invoice shall be sent to the customer by e-mail. The customer accepts the replacement of the invoice in paper form by the electronic form and acknowledges its legally binding nature.
13. Obligations of the customer regarding his data
The Customer is obligated to notify maut1 immediately of any changes to its address, contact information and legal relationships and to always update its customer data. The Customer shall compensate maut1 for any damage resulting from a breach of this notification obligation.
14. Choice of law and legal venue
The material law of the Federal Republic of Germany shall apply exclusively to all legal relationships between maut1 and the Customer as well as to these General Terms and Conditions. The UN Convention on Contracts for the International Sale of Goods (CISG) is excluded. The place of jurisdiction for all disputes arising from the business relationship - even after its termination - shall be Traunstein (Germany), even if the Customer is a legal entity under private or public law or a special fund under public law.
15. Miscellaneous
Should any provision of these GTC be invalid, this shall not affect the validity of the remaining provisions. Subsidiary agreements must be made in writing. This also applies to the waiver of this written form requirement. The customer will be informed in writing (whereby e-mail is sufficient) of any changes to these General Terms and Conditions. The respective new version of these General Terms and Conditions shall be deemed accepted by the customer if he does not object within 3 days after receipt of the notification of change.
