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Preliminiary injunction against tolls reseller Vignette-sofort

A Germany based company of Austrian toll stickers for motorways selling via their website Vignette-sofort.at obtained an injunction by Austrian Supreme Court. The company had been sued for anticompetitive behavior and for avoiding consumer´s right of withdrawal.

Toll stickers ordered online must be returnable

Austrian law defines the right of withdrawal within two weeks for online orders in general, which however is granted to consumers only. To avoid abuse by using the digital toll permit and returning it within two weeks the official toll issuer ASFINAG limits their validity by enforcing an 18 days cool off period before such purchased permits become valid.

The sued company however tried to avoid this regulation by registering consumers as commercial company representatives.

Another point sanctioned by court was vignette-sofort.at breaching trademark rights of the official issuer by unauthorized use of corporate identity and brand images.

Thirdly they were misleading consumers by selling permits for a package price without pointing out an included surcharge. For an average customer this practice made the purchase even more indistinguishable from buying from the official provider.

As we already stated last month we strongly suggest to not buy your Austrian toll stickers from unofficial online sources. If the 18 days cool off is no problem for you, order from the official ASFINAG online shop or their Smartphone App. If you need a toll sticker with immediate validity you can obtain the non-digital version without surcharge from a variety of points of sale such gas stations, tobacconists, automobile associations such as ÖAMTC, ARBÖ or ADAC or from ASFINAG´s own toll vending machines.

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