1.1. These rules of use of the electronic trading platform AutoPublic.lt - AutoPublic.org (hereinafter - AutoPublic.lt) (hereinafter - Rules of Use) set out provisions that define the procedure for using AutoPublic.lt, the obligations, rights, duties and responsibilities of the Seller and the Buyer. The rules of use also include provisions on the protection of personal data and the use of cookies.
1.2. By using AutoPublic.lt - AutoPublic.org, the Seller and the Buyer automatically agree to the Terms of Use set out below.
1.3. All copyrights of AutoPublic.lt belong to UAB Merstoja (hereinafter - Service provider), company code 302664832, address Pramonės st. 7, Telšiai LT-87101, the company is registered in the register of legal entities of the Republic of Lithuania. The service provider is also the manager and administrator of AutoPublic.lt.
1.4. These Terms of Use determine the general terms and conditions of sales contracts concluded by AutoPublic.lt and are an integral part of these contracts.
1.5. The provisions of this Agreement do not limit and in no case can be understood as limiting the rights of Buyers, which are established by the legal acts of the Republic of Lithuania.
1.6. Terms used in the rules:
1.6.1. Supplier - a person who manages and administers https://AutoPublic.lt, as well as provides other services related to the use of https://AutoPublic.lt.
1.6.2. User - a person who wants to view the Advertisement, purchase goods for sale or use https://AutoPublic.lt in any other form.
1.6.3. Product - used and new car parts, accessories and other parts.
1.6.4. Advertisement – Supplier's announcement about the offered goods.
1.6.5. The actual seller is the person who is the seller and/or owner of the goods.
2.1. AutoPublic.lt is an electronic store that allows you to offer, sell and buy used and new car parts. Only entities that use the additional business management system autoelastic.eu under a separate contract with the Service Provider (hereinafter - Sellers) can sell Goods in the AutoPublic.lt electronic store.
2.2. AutoPublic.lt can be browsed, viewed and purchased by any natural or legal person (hereinafter - Buyers). Buyers in these Terms of Use refer to both AutoPublic.lt registered (created an account) and non-registered AutoPublic.lt visitors. Sellers and Buyers together may be referred to as Users in these Terms of Use. Users using AutoPublic.lt in any way or form express their agreement with all the provisions of these Terms of Use and undertake to comply with them. Persons who do not agree with all or part of the provisions of the Rules of Use should not use AutoPublic.lt and browse it.
2.3. The service provider only plays the role of an intermediary, he does not own the goods that are published and sold on AutoPublic.lt. The service provider, managing and administering AutoPublic.lt, only provides technical means for Sellers to publish goods and for Buyers to purchase them. The service provider does not represent Sellers, product manufacturers or other interested parties. The Genuine Seller is responsible for the fact of the existence of the goods, their quality, safety and legality, their descriptions on AutoPublic.lt, determining the appropriate price, the accuracy and correctness of feedback and comments.
2.4. Considering the fact that AutoPublic.lt is constantly changing and developing in order to ensure more convenient and safer use of the website, the Service Provider has the right to change the conditions of the AutoPublic.lt Rules of Use, the range of services provided and their taxation. Sellers will be notified by e-mail about significant changes to the Terms of Use (e.g. the appearance of additional services, changes in the charging of services). Buyers' use of AutoPublic.lt after the changes will automatically mean their agreement with the changed provisions of the Terms of Use.
2.5. The agreement on compliance with the AutoPublic.lt Rules of Use is concluded in electronic form. The service provider is guided by the law of the Republic of Lithuania and the provisions of the legal acts of the Republic of Lithuania (including the Civil Code, the Law on the Protection of Consumer Rights, the Law on the Legal Protection of Personal Data and other legal acts).
3.1. By agreeing to the AutoPublic.lt Terms of Use, the Buyer undertakes:
3.1.1. not to violate provisions of legal acts, rights of third parties, AutoPublic.lt Rules of Use;
3.1.2. not to use AutoPublic.lt, if the User is not an able-bodied natural person who has reached the age of majority, whose capacity is not restricted by court order and has all the powers and rights to enter into and execute transactions, or the right to use AutoPublic.lt is suspended on the basis of these Terms of Use;
3.1.3. to pay the specified amount for the purchased item on time, unless there is a reasonable reason not to do so (for example, the Seller changed the description of the item, after the item was sold, incorrect information was provided in the item description due to technical errors, or the Buyer cannot contact the Seller);
3.1.4. in time, within the period specified in clauses 7.2 and 8.3, to collect the product paid for or reserved through AutoPublic.lt;
3.1.5. before purchasing the product, carefully read all the information provided in the Advertisement about the product for sale, its final price and the taxes and other information included in it, and in case of any ambiguities or questions, you must additionally contact the Supplier using the contacts provided by him;
3.1.6. notify the Service Provider if the Seller improperly fulfills its contractual obligations or otherwise violates the Buyer's rights or legal requirements;
3.1.7. perform other obligations of the buyer, provided for in the legal acts of the Republic of Lithuania.
3.2. By agreeing to the AutoPublic.lt Terms of Use, the Seller undertakes:
3.2.1. not to sell counterfeit goods, not to offer goods that were manufactured or imported into the territory of the Republic of Lithuania in violation of the intellectual property rights of trademarks, or otherwise not to violate the intellectual property rights of third parties (including copyrights, rights to trademarks, designs, patents, etc.) or any other rights of third parties;
3.2.2. sell only high-quality, legally purchased goods that match the description of the advertisement, as well as only those goods that you actually have in your warehouse. Respond to defects in the quality of goods or other discrepancies in accordance with these rules and/or legislation. All claims regarding any defects in goods, incorrect information about goods or other inconsistencies or violations are directed directly to the Seller;
3.2.3. to prepare the product for collection or collection in time, unless there is a reasonable reason not to do so - the Buyer violates or fails to fulfill his contractual obligations or additional conditions stipulated in the Advertisement, or it is impossible to contact him;
3.2.4. not to manipulate the price of the product, not to disturb the sales of other Sellers in any way and means;
3.2.5. not take any action that may harm the Buyer Feedback and Sales Ranking System;
3.2.6. not to use Buyers' contact information for purposes other than the sale, purchase or shipment of goods;
3.2.7. to perform other obligations of the seller provided for in the legal acts of the Republic of Lithuania.
3.3. Users (both Buyers and Sellers) also undertake to:
3.3.1. not to transfer the AutoPublic.lt User account or login data to third parties, to ensure the confidentiality and security of this data;
3.3.2. not to carry out any actions that would threaten the security of the AutoPublic.lt website and its database, not to distribute information that contains viruses or other computer programs or files that may disrupt the normal operation of AutoPublic.lt, which would cause damage to other Users, Services to the provider or their property;
3.3.3. do not create, duplicate the services provided by AutoPublic.lt for any purpose, do not publish, do not upload any advertising, chain letters, do not resell purchased goods;
3.3.4. not to use AutoPublic.lt for illegal activities or fraud, not to offer to purchase items whose trade is prohibited or restricted;
3.3.5. comply with other provisions and obligations of these Terms of Use;
3.3.6. to compensate the losses incurred by the Service Provider, if such losses are due to the fault of the User.
4.1. In order to publish Ads, the Seller uses an additional business management system autoelastic.eu (hereinafter referred to as the Sellers) in accordance with a separate contract with the Service Provider.
4.2. The prices of goods specified in the advertisement (hereinafter referred to as the https://AutoPublic.lt price) consist of two parts:
4.2.1. The prices of goods specified by the actual seller (hereinafter referred to as the price of the Goods);
4.2.2. The Supplier's fee for services, which is from 1% to 30% of the price of the Product (hereinafter referred to as the Supplier's fee). The Supplier's remuneration is intended to cover the expenses incurred by the Supplier in fulfilling the User's order (including, but not limited to, transfer fees, website administration, delivery of goods to the buyer, etc.).
4.3. By publishing an Advertisement on AutoPublic.lt, the Seller agrees to comply with these Terms of Use, requirements of legal acts, fair business practices and undertakes:
4.3.1. publish Ads only in relevant and dedicated AutoPublic.lt Ads categories;
4.3.2. to provide accurate, clear, detailed and correct information about the product for sale, as well as not to disseminate any information that is discriminatory, defamatory or otherwise violates the requirements of legal acts;
4.3.3. not to publish other goods or services in the comments of the Advertisement than those specified in the main information of the Advertisement;
4.3.4. upload bright and high-quality photos depicting only the offered product, the background of the photos must be white, logos and other graphic images or inscriptions must not be placed in the place of the photo. It is forbidden to upload photos without the consent of the author or other legal owner of the photos (for example, publishing photos of goods found on the Internet);
4.3.5. do not post links to other websites.
4.4. Published Advertisement on AutoPublic.lt Users can be found in AutoPublic.lt search by keyword or category a few minutes after uploading the Advertisement. However, in the event of a malfunction of AutoPublic.lt or due to other natural technical obstacles, the Service Provider reserves the right to consider that the Advertisement is placed on time, if it becomes visible in the search no later than after 24 hours. since uploading it.
4.5. The position of the posted Ad according to the search results may be influenced by the time of placement, Ad content, title, search words, product price, feedback and ranking, and other factors.
5.1. By using AutoPublic.lt, the Buyer agrees to comply with the provisions of these Terms of Use.
5.2. In order to purchase goods, the Buyer can do so as a guest (without registration) or by creating a user account at AutoPublic.lt. The buyer must complete the registration form electronically, providing basic personal information. The buyer undertakes to provide correct, accurate and complete information about himself. In the event that incorrect, inaccurate or incomplete information is provided, or the Service Provider has reason to believe that this has been done, the Service Provider has the right to suspend or terminate the Buyer's registration, block the Buyer's profile and/or refuse to provide the Buyer with its services.
5.3. The Buyer is provided with login data (login name, which the Buyer creates himself, and password), with which he can log in to AutoPublic.lt and use the services provided. The buyer is responsible for the security of his login data, and for all actions that are performed after logging in with his login data.
5.4. The buyer, having placed the goods in the basket and wishing to complete the purchase-sale transaction, must pay for them in the ways and terms specified in point 7.
5.5. The buyer will receive an automatic invitation to rate the overall shopping experience in the AutoPublic.lt 5-star rating system after the purchase-sale transaction has been completed.
5.6. If the Buyer's password has become known to third parties, the Buyer must change it immediately.
5.7. The buyer agrees that the Service Provider is not responsible for the availability of other websites and the completeness, accuracy, existence of advertising, product or other material contained in them.
6.1. If the Buyer does not agree with the rules and regulations of the website, he is not obliged to place an order. The Supplier and the Buyer enter into a mutual agreement when, after choosing the desired goods from the website, confirming the order, choosing the payment method and indicating where to deliver the goods, the buyer presses the "Order" button. The contract with the User is valid until the order is fully fulfilled.
6.2. Before placing an order from the website, the buyer must familiarize himself with the rules, regulations and requirements of https://AutoPublic.lt. The contract with the Buyer for the purchase and sale of the goods specified in the Advertisement is concluded by the Seller.
6.3. After the buyer puts the goods in the electronic shopping cart, the seller checks the goods in the warehouse within 24 hours. from placing the order, e-mail by mail and SMS, the Buyer receives the selected payment link or advance invoice for payment.
6.4. Such a contract is considered concluded from the moment the Buyer pays for the goods placed in the AutoPublic.lt electronic shopping cart.
6.5. If the product(s) are not in stock, the Buyer will be offered an alternative (another product), his cart will be reformatted or cancelled.
6.6. e.store team within 24 hours. The buyer is informed by e-mail. by mail and SMS and provides detailed information.
7.1. The buyer pays for the purchased goods in the following ways:
7.1.1. via Paysera.lt, PayPal, payment in cash to the courier upon delivery of the goods.
7.2. After payment for the purchased goods, the Seller organizes the delivery of the goods to the Buyer on the next working day after receiving the payment.
8.1. The goods are delivered to the address specified by the Buyer throughout Lithuania (except the Curonian Spit) within 1-3 working days after receiving the payment. Goods are delivered from 8:00 a.m. to 5:00 p.m. Before arrival, the courier contacts the Buyer using the contact phone number and SMS message specified during the order.
8.2. The product packaging must contain documents - a VAT invoice issued on behalf of the Buyer and information on the return of the product. Also, a shipment sticker must be affixed on the package of the shipment, printed by AutoPublic.lt Pick-up of goods.
8.3. The buyer agrees that in exceptional cases the delivery of goods may be delayed due to unforeseen circumstances beyond the control of the seller.
8.4. In all cases, the Seller is released from responsibility for the violation of the terms of delivery of the goods, if the goods are not delivered to the Buyer or are delivered late due to the Buyer's fault or due to circumstances beyond the Buyer's control.
8.5. The Buyer must pick up the ordered Goods himself. In such cases, when the Goods are delivered to the address specified in the Buyer's account, but they are not picked up by the Buyer himself, the Buyer cannot make claims regarding the delivery of the Goods to the wrong person.
8.6. After receiving the Goods, it is necessary to check the shipment together with the Supplier or his representative. When collecting the Goods, the Buyer must check their condition, quality, quantity, pay attention to whether the package of the parcel is damaged, whether the parcel was received specifically for him, etc. If the parcel has inconsistencies, the Buyer must immediately fill in the Goods delivery document or a free-form document informing about the inconsistencies in the Goods.
8.7. If the Buyer signs the Goods delivery document and does not mention any discrepancies or violations of the Goods, it is considered that the Goods were delivered safely and the quality of the parcel met the Buyer's expectations.
8.8. When the Buyer collects the Goods and signs the acceptance-handover document, from that moment he has the right of ownership of the Goods. In case of loss or damage of the goods, the Buyer is responsible for the received Goods.
9.1. The Seller gives the Buyers the opportunity to return high-quality goods within 10 (ten) days of their receipt and to return poor-quality goods within 15 (fifteen) days of their receipt in accordance with the procedure set forth in the Rules for Returning Goods.
10. RESOLUTION OF CLAIMS BETWEEN BUYER AND SELLER
10.1. The parties agree that the Buyer's claims regarding the quality of the goods, their compliance with the information specified in the Advertisement or other related circumstances are examined by the Service Provider, who has the right to make a preliminary decision on the validity of the Buyer's claim. If the service provider, after evaluating all the circumstances, decides that the Buyer's claim is justified, the Seller undertakes to agree with this decision and to implement it. This claim resolution procedure is not considered as an alternative dispute resolution method and does not in any way prevent the Buyer from defending his violated rights in other ways established by legal acts.
11.1. The user must comply with the terms of these Terms of Use and the legal acts of the Republic of Lithuania. Depending on the nature of the violation, the Service Provider has the right to limit, suspend or cancel the User's account, cancel unpaid transactions, cancel Ads, or move them to the bottom of the list of Ads search results, withhold or remove inaccurate, misleading or any other reality or legal requirements does not correspond to the text of the Advertisement, to oblige the Seller to return the money for the paid product, to reduce or cancel the discounts given by the Seller, as well as to take other technical and legal measures, if the User:
11.1.1. violates the provisions of legal acts and these Terms of Use;
11.1.2. endangers the rights of third parties;
11.1.3. provides false registration data or fails to pay mandatory fees on time.
11.2. The User is informed about the expected or implemented sanctions for the relevant violations of the User's rules by e-mail. by mail specified in the Agreement or at the time of registration on AutoPublic.lt.
12.1. The service provider undertakes:
12.1.1. make every effort to ensure that the services provided are safe, high-quality and function properly, so that the Seller's Ads are properly publicized until the goods are sold or removed from AutoPublic.lt at the Seller's initiative;
12.1.2. After the Buyer chooses delivery of the goods to the place indicated by the Buyer, send a courier service to the place of storage of the goods indicated by the Seller for collection of the goods;
12.2. The service provider has the right to:
12.2.1. change and/or introduce new payment and delivery methods and new fees. Buyers are informed about the changes at AutoPublic.lt, e-mail by mail and in personal accounts at least 30 days in advance. until changes. If the Buyer continues to use AutoPublic.lt, it is considered that he automatically agrees to the changes in the tax system or the introduction of new taxes;
12.2.2. suspend or terminate the provision of services and the performance of its obligations, if there are reasonable grounds to believe that the Seller does not comply with the terms of these Terms of Use and/or the provisions of legal acts.
12.3. The service provider is not responsible for:
12.3.1. any processes, results, sales dynamics, profits or losses of the User's activities that may be related to the use of AutoPublic.lt or the inability to use them;
12.3.2. the correctness and accuracy of the content of the advertisements, the authenticity and/or origin of the goods sold, their legality and quality, and timely payment;
12.3.3. damage caused to the User or third parties due to the content of the Advertisement and/or its placement on AutoPublic.lt;
12.3.4. confirmation of the buyer's identity, as well as for the correct use of login name, password and other personal data. The service provider is not responsible if, due to improper use of data, third parties have used this information;
12.3.5. inappropriate behavior of AutoPublic.lt Users;
12.3.6. any material and non-material damage that may be suffered by Users or other persons and that may have occurred directly or indirectly in Users' accounts, comments or as a result of other information provided by AutoPublic.lt;
12.3.7. copyright infringements (e.g. by uploading pictures of goods), other infringements of intellectual rights or infringements of legal acts of any kind and in any way by the User;
12.3.8. disruption of AutoPublic.lt or the database, loss of data or losses to Users or other persons arising due to technical reasons and/or difficulties or other events due to which the User cannot use AutoPublic.lt (internet connection problems, computer equipment, telecommunications equipment or other equipment failure, etc.).
13.1. The service provider will manage the personal data provided by the User during registration on the AutoPublic.lt website and when using the website, which are necessary for the proper provision of services. By agreeing to the provisions of this Agreement, the user confirms that the personal data provided is accurate and correct, voluntarily and declares that they can be used on the AutoPublic.lt e-commerce website (registration, posting of advertisements, viewing, purchasing, delivery of goods, system administration) and for direct marketing purposes.
13.2. The user has the right to:
13.2.1. get familiar with your personal data managed by the Service Provider;
13.2.2. demand correction of incorrect, incomplete, inaccurate personal data;
13.2.3. to disagree and refuse the processing of personal data for the purpose of direct marketing, as well as other rights provided for in the valid legal acts regulating the protection of personal data.
13.3. In order to exercise his rights, the User can contact the Service Provider using the contact data specified on the website - by e-mail or by post. Before exercising the User's right to access his personal data and to correct his personal data, the User will be asked to prove his identity and provide a copy of his personal document.
13.4. The user is informed that when using the AutoPublic.lt website and connecting to it, the system automatically registers the IP address of the computer and the date and time of connecting to the system.
13.5. The service provider does not provide personal data to third parties without a legal basis.
14.1. All content of AutoPublic.lt, including its selection and layout (except for Users' personal data and information uploaded by them), all rights to AutoPublic.lt, website address, trademarks, works, software uploaded to AutoPublic.lt at the initiative of the Service Provider and/ whether its parts, slogans, designs, graphic signs and other intellectual property objects that are presented on AutoPublic.lt are the property of the Service Provider or are legally used on the basis of the Service Provider's agreements with the legal owners of intellectual property objects or other transactions with legal force. Any processing or copying and other use of website content, design is prohibited without the consent of the Service Provider.
14.2. The Service Provider is not responsible for the trademarks used by Users on AutoPublic.lt (if they are used) and cannot assume responsibility for any violations of intellectual property protection or other legal acts by Users, if they are committed by Users.
14.3. The Seller agrees that his Advertisements and other published content, including any intellectual property, are part of the AutoPublic.lt database and may be used by the Service Provider for advertising or other purposes indefinitely. The Seller agrees that no royalties or royalties will be paid for the use of such Seller-owned objects.
15.1. Cookies are small data files that the browser saves on the User's computer or device. Cookies allow a web server to transmit data to a computer or device for record keeping and other purposes. When the AutoPublic.lt website is visited for the first time, cookies are transferred to the User's computer and are later used to identify the computer. This is a common practice of browsing web pages, which facilitates the User's browsing on the web page already visited, and simplifies access to published information. Cookies can help the website provide the User with a more pleasant experience. Cookies cannot collect any information on your computer or files.
15.2. With the help of cookies, website traffic data is automatically recorded: information about how many visitors have visited it, what is the name of the server area (domain) of the visitor's Internet service provider, what information is read more often, etc. This helps the Service Provider to understand how visitors use the website and provides an opportunity to improve our services and simplify the availability of information.
15.3. Cookies are used transparently and responsibly. Users can view which cookies are saved in their browser. You can also revoke your consent to the use of cookies at any time by changing your settings and deleting saved cookies.
16.1. If a dispute arises regarding the terms of these Terms of Use, the Service Provider gives priority to amicable dispute resolution, finding a compromise that satisfies both parties. If it is not possible to reach an agreement through negotiations, disputes are resolved in the court of the Republic of Lithuania.
17.1. The rules of use are governed by the law of the Republic of Lithuania.
17.2. If any provision of these Terms of Use is declared invalid, void or unenforceable for certain reasons, it will be removed and this will not affect the validity of other provisions.
17.3. The Service Provider reserves the right to supplement or change the provisions of these Terms of Use, informing the Users about this by e-mail. by mail, in personal accounts and on the AutoPublic.lt website. All changes take effect 30 days after they are posted. If the User continues to use the services provided by AutoPublic.lt after this term, it means that he automatically agrees to the changes.
17.4. Disputes between consumers and sellers are handled by the State Office for the Protection of Consumer Rights (address Vilniaus st. 25, LT-01402 Vilnius, phone (8 5) 262 6751, fax (8 5) 279 1466, e-mail tarnyba@vvtat.lt) .
17.5. European Parliament and Council Regulation (EU) No. 524/2013, disputes related to the contractual obligations of a consumer habitually resident in the EU and a commercial entity established in the EU can be filed through the Electronic Dispute Resolution (EGS) platform, which is available at https://webgate.ec.europa.eu/odr /main/index.cfm?event=main.home.show&lng=LT
17.6. If you have any questions, please contact the AutoPublic.lt consultants: Help Online or by phone +370 640 66947.
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