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by logifail 928 days ago
> When I buy something on the internet, I have 14 days to return it if I don't like it

One (unintended?) consequence of this is that as a consumer, you cannot buy an annual digital motorway toll pass in Austria with immediate validity. The earliest your pass can start from is 18 days from the date of purchase.

"Customers can withdraw from the online purchase of a digital vignette within 14 days. Taking into account a further three-day period for mail, your digital 2-months and annual vignette is only valid from the 18th day after purchase."

https://www.asfinag.at/en/toll/vignette/digital-vignette/

How glorious that it's necessary to include 3 extra days to cover the potential delivery time of postal mail in the event of a return for an entirely digital product :/

The workaround for this - which I discovered last time I drove a rental car in Austria - is to tick the box that says "I'm a business, not a consumer". You don't need to prove you're a business, just to tick the box. Consumer protection nullified, can purchase product valid immediately.... <sigh>

7 comments

Interesting though, that's not what the regulations say - DIRECTIVE 97/7/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 20 May 1997 on the protection of consumers in respect of distance contracts

https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=CELEX%3A...

3. Unless the parties have agreed otherwise, the consumer may not exercise the right of withdrawal provided for in paragraph 1 in respect of contracts:

- for the provision of services if performance has begun, with the consumer's agreement, before the end of the seven working day period referred to in paragraph 1,

> Interesting though, that's not what the regulations say [..]

Of course they don't, but thanks for the specific link!

The "gold-plating" - or indeed misunderstanding - of EU regulations has a long and (in)glorious history.

You can buy digital goods for immediate use in other EU countries as a consumer - this sounds like something more specific (is it actually even the same in Austria for things like an e-book?).
Aren’t you able to buy a sticker vignette at just about every stop kilometers away from the Austrian border, as well as inside?

I get your point that the digital one has to jump through hoops due to these regulations, but there are alternatives if you need one /now/

Yes, there are.
Some online services simply ask you to wave your 14-day return right if you want to start using the service immediately. Not sure why they won't do this in this case.
In NL you don't get your 14 days on remote purchases when it doesn't make sense. You cant purchase a game play it and return it. You cant eat the food. You cant wear the dress etc

If the 14 days do apply you have to inform the customer about it or it turns into 12 months.

Strange, I would have thought a pro rata refund would be allowable in these cases. I'm pretty sure that's how it works with insurance so I'm unsure why a toll pass would be any different.
Because they only sell them for durations of 10 days, 2 months and 1 year. So if you only need to cross the country for 5 hours, they would lose a lot of money.
This is no longer true, I believe (starting Dec 1 2023). You can buy the vignette online starting immediately.
> This is no longer true, I believe (starting Dec 1 2023). You can buy the vignette online starting immediately

If that's true then it's possible that Asfinag (the toll agency) haven't updated their website. On trying a test purchase just now to buy a two-month or annual pass it still states:

"I'm a consumer

Digital 2-month vignettes and digital annual vignettes purchased today are valid from 25.12.2023 at the earliest due to the right of withdrawal when purchasing online. All other toll products can be used immediately. (More info in the FAQ)

I represent a company

The right of withdrawal does not apply to commercial customers; purchased digital toll products are therefore valid immediately. (More info in the FAQ)"

I was only partially correct. Looked again at asfinag and the grace period does not apply to 1 and 10-day vignettes. From their website:

"18-days-period Consumer protection is very important to us – especially as far as our digital products are concerned. Customers can withdraw from the online purchase of a digital vignette within 14 days. Taking into account a further three-day period for mail, your digital 2-months and annual vignette is only valid from the 18th day after purchase.

This deadline does not apply if you purchase a 1-day or 10-day vignette!"

> "18-days-period Consumer protection is very important to us"

Which is of course how you immediately know that it is not just unimportant to them but they will try to do anything to not have to abide by the rules and maliciously comply with anything they can't disregard completely.

Really the 14 days should start when you actually receive the item in a usable state and if the law actually allows these kind of workarounds around that then it should be changed.

Can't the rental car companies sell you a physical vignette when you pick up the car?
If you collect a vehicle in Austria it's almost certainly already got a vignette (pretty tricky for the rental company to operate an Austria-registered vehicle without one).

If you collect in your car in Germany, as I did, and drive it over the border yourself then you almost certainly won't get one (although I've ever been lucky!) so you need to purchase one (physical or digital) before (or as) you cross the border.

I can't speak for Austria, however that is exactly what it happens in Portugal and Switzerland.

In Portugal, we use digital ones (Via Verde) and they are activated at time of purchase.

In Switzerland, physical vignettes are always available on rented cars.

You can always buy a physical sticker at the gas stations near the border