Terms and Conditions
To ensure that the use of the Dalys.lt website is comfortable, is of high quality and safe for everyone, we provide the following terms of use. We recommend that you familiarize yourself with them before you start browsing or shopping in our e-shop.
These rules consist of the Terms of Use and the Purchase rules.
TERMS OF USE OF THE TRADE PLATFORM Dalys.lt WEBSITE
About Dalys.lt
Dalys.lt is an online trading platform (hereinafter - Website) uniting the Sellers of the used and new car, motorcycle and truck parts (hereinafter - Seller) and Buyers that would like to purchase such parts (hereinafter - Buyers).
Dalys.lt copyrights belong to the UAB "Recaras" (hereinafter - the Service provider), company code 303309407, address Zietelos str. 3, Vilnius, LT-03202, registered in the Register of Legal Entities of the Republic of Lithuania.
The Service provider enables the Seller to provide, and the Customer to purchase, the goods displayed on the Website, but the Service provider does not own the goods being sold (hereinafter - Goods). The Seller is responsible for the security and legality of all information relating to the Goods and displayed on the Website.
Only natural and legal persons who have purchased the additional ReCar system management package may publish and sell Goods on the Dalys.lt website, thus guaranteeing that the Sellers assume all the liability set out in these Terms of Use.
General provisions
These Terms of use (hereinafter - Terms of Use) apply to the use of the electronic trading platform www.dalys.lt .
A person who has visited the Website, viewed or saved goods, information or in any other form used the Website's services shall be deemed to be a user of the Website (hereinafter - User), even if he has not made a decision to buy and become a Buyer on the Website (hereinafter - Buyer).
All Users are required to agree to these Terms of Use. If a person disagrees with one or more of these Terms of Use, they should not browse or otherwise use the Website.
The Website Administrator has the right to unilaterally change the services provided, information and other terms and conditions provided, as well as any provisions of the Terms of Use. The current version of the Terms of Use is available on the Website. The use of the Website by persons after the amendment of the Terms of Use is taken as an automatic acceptance of the updated Terms of Use.
These Terms of Use shall in no way limit the rights of Users under the laws and regulations of the Republic of Lithuania.
The agreement to comply with the Dalys.lt Terms of Use is made in electronic form. The Service provider is governed under 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 Consumer Rights Protection, the Law on Legal Protection of Personal Data and other legal acts).
User registration
Users may register with Dalys.lt and create their own account for easier use of the Website, but purchases may also be made by non-registered Users.
The Service provider has the right to suspend or terminate the User's registration, block the User's profile and refuse to provide its services to the User when:
The User provides inaccurate, incorrect or misleading information;
The Service provider has reason to believe that this has happened.
The User is responsible for the security of his login data.
Intellectual property rights
All photographs of Goods published on the Website are the intellectual property of the Sellers.
Sellers are not allowed to use photographs found on the internet, on photo banks or elsewhere, taken by others. By placing an advertisement on the Site, Sellers acknowledge that all copyrights in the photographs belong to them.
Any copying, distribution, and/or other use of the Website content by the Users without prior written permission of the Service provider and/or without complying with the Terms of Use shall constitute an infringement of copyright and other rights, punishable under the laws of the Republic of Lithuania.
Rights and obligations of the service provider
The Service provider shall make every effort to ensure the proper functioning of the Website and to ensure that the Website operates uninterruptedly and without malfunction.
The Service provider has the right to make changes to the Website and its features and services at any time in order to improve the operation of the Website and to maximize the User's benefits.
The Service provider shall have the right to use third parties and/or to assign its rights and obligations to them without prior notice.
The Service provider shall not be liable for any failure of the Website, failure of the delivery system or other circumstances caused by force majeure.
The Service provider has the right to terminate the Website.
The Service provider may terminate or restrict the User's access to the Website without prior notice if:
it is obligatory in cases provided for by the laws and other legal acts of the Republic of Lithuania or in compliance with the requirements of a competent authority;
it is necessary to protect the rights and legitimate interests of the Service provider or third parties;
The User has caused or may cause a threat to the safety of other users of the Website, the Website or its reputation;
during maintenance, updating of the Website, which requires such restrictions for Users.
Obligations of Buyers and Sellers
By agreeing with the Dalys.lt Terms of use and Purchase rules (hereinafter - Rules), the Buyer undertakes to:
not to violate or infringe any provisions of law, rights of third parties and Dalys.lt Rules;
not to use Dalys.lt if the User is not a legally capable natural person who has reached the age of majority, whose legal capacity has not been restricted by a court order, and who has full authority and rights to enter into and carry out transactions, or if, on the basis of these Terms of Use, the User's right to use Dalys.lt is suspended ;
pay the amount due for the purchase on time, unless there is a valid reason for not doing so (e.g. the Seller has changed the description of the goods, the goods has been sold, technical errors have led to the incorrect information in the description of the Goods, or the Buyer is unable to contact the Seller);
collect the goods paid for or reserved through Dalys.lt in time, within the time limit specified in Section 8;
before purchasing the Goods, carefully read all the information provided in the advertisement about the goods for sale, their final price and the taxes and other information, and in case of any uncertainties or questions, additionally contact the Dalys.lt representatives;
notify the Service provider if the Seller does not properly perform its contractual obligations or otherwise violates the Buyer's rights or legal requirements;
fulfil other obligations of the Buyer provided for by the legislation of the Republic of Lithuania.
By accepting the Dalys.lt Rules, the Seller undertakes to:
not to sell counterfeit goods, not to offer goods that have been manufactured or imported into the territory of the Republic of Lithuania in violation of the intellectual property rights of trademarks, not to otherwise infringe the intellectual property rights of third parties (including copyrights, trademark rights, design rights, patents, etc.), or the rights of any other third parties;
sell only quality goods that have been legally purchased and that comply with the description of the Advertisement, and only those goods that are actually in stock. be responsible for defects in the quality of the goods or other non-conformities in accordance with these Rules and/or the law. All claims for any defects in the goods, inadequate information about the goods or other discrepancies or irregularities shall be addressed directly to the Seller;
make the goods ready for collection or delivery in a timely manner, unless there is a valid reason for not doing so, such as the Buyer's breach of or not fulfilling his contractual obligations or the additional terms and conditions set out in the Advertisement, or the Buyer cannot be contacted;
not to manipulate the price of the goods, not to disturb the sales of other Sellers by any means or measures;
not to take any action that may undermine the Buyer's feedback and sales ranking system;
not to use the contact information of Buyers for any purpose other than the sale, purchase or dispatch of goods;
to fulfil other obligations of the Seller provided for by the legislation of the Republic of Lithuania.
Users (both Buyers and Sellers) also undertake to:
not to transfer the Dalys.lt User account or login data to third parties, to ensure the confidentiality and security of such data;
not to take any action that would jeopardize the security of the Dalys.lt website and its database, not to disseminate information that contains viruses or other computer programs or files that may interfere with the normal functioning of Dalys.lt, be placed on other computers and thereby cause damage to other Users, Service providers or their property, or interfere with the use of Dalys.lt or your computer;
not to create or duplicate the services provided by Dalys.lt for any purpose, not to publish or upload any advertisements, chain letters, or resell the purchased goods;
not to use Dalys.lt for illegal activities or fraud, not to offer to purchase items whose sale is prohibited or restricted;
comply with the other provisions and obligations of these Terms of Use;
indemnify the Service provider for any losses incurred by the Service provider, if such losses are caused by the User.
Requirements for the placement of advertisements
In order to publish the Advertisements, the Seller undertakes to become a user of the ReCar used parts management and sales system for a fixed fee, subject to a separate Annex to the Agreement.
By publishing an Advertisement on Dalys.lt, the Seller agrees to comply with these Terms of Use, the requirements of the legislation, fair business practices and undertakes to:
publish Advertisements only in the relevant and designated Dalys.lt Advertisement categories;
provide accurate, clear, complete and truthful information about the Goods being sold, and not provide any information that is discriminatory, defamatory or otherwise in breach of the law;
determine the fair and objective price of the Goods in a proper and honest manner, and not to quote a price for the Goods that is different from the price stated in the key Goods information or a price that does not correspond to the actual market value. The price must be the same in the Advertisement as in the invoice to the Buyer;
not to publish in the comments of the Advertisement any goods or services other than those specified in the main information of the Advertisement;
upload clear, high-quality photos showing only the goods on offer, and keep logos and other graphic images or writings out of the photo. Uploading photos without the consent of the author or other rightful owner of the photo is prohibited (e.g. posting photos of a Goods simply found on the internet);
Refrain from posting links to other websites.
Advertisement published by Dalys.lt Users can be found in Dalys.lt search section by keyword or category within a few minutes after the Advertisement is uploaded. However, in the event of a malfunction of Dalys.lt or due to other natural technical difficulties, the Service provider reserves the right to treat an Advertisement as uploaded timely if it becomes visible in the search engine at the latest 24 hours after its upload.
The position of a placed Advertisement in search results may be affected by the content of the Advertisement, its title, search terms, the price of the goods, reviews and rankings and other factors.
Registration and participation of Buyers Dalys.lt
In order to purchase goods and to make the use of Dalys.lt more convenient, the Buyer may, but is not obliged to, register and create a personal account on Dalys.lt. This is done by filling in the registration form electronically, providing basic personal information. The Buyer undertakes to provide true, accurate and complete information about himself. In the event that false, inaccurate or incomplete information is provided, or the Service provider has reason to believe that such information has been provided, the Service provider shall have the right to suspend or terminate the Customer's registration, block the Customer's profile, and/or refuse to provide its services to the Customer.
The Buyer is provided with login data (login name, which the Buyer creates himself, and a password) with which he can log in to Dalys.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 being logged in with his login data.
The Buyer uses Dalys.lt free of charge after registration.
Once the goods have been placed in the shopping cart, the Buyer must pay for the goods in the methods specified in the Terms of Use in order to complete the purchase transaction.
After the purchase transaction is complete, the Buyer will receive an automatic invitation to evaluate the overall shopping experience on Dalys.lt.
If the Buyer's password has become known to third parties, the Buyer must change it immediately.
The Buyer agrees that the Service provider is not responsible for the availability of other websites and the completeness, accuracy, advertising, and existence of a product or other material contained therein.
Use of cookies
Dalys.lt Website uses Cookies . They are used for the sole purpose of enabling the website administrator to identify the unique computer of the User and thus improve the services provided. Cookies make browsing easier and simpler and do not collect any other information on the User's computer or in any way.
At any time, the user can view the cookies being used and cancel or consent to the use of cookies in his computer browser.
Processing of personal data
The Buyer's personal data is processed in accordance with the rules specified in the Dalys.lt Privacy policy, which you are recommended to familiarize yourself with before you start browsing the Website.
The Service provider undertakes not to disclose the Buyer's personal data to third parties.
PURCHASE RULES
General provisions
These Purchase rules (hereinafter - Purchase rules) shall apply to any contract concluded between the Seller and the Buyer for the sale of Goods (hereinafter - Contract). We advise all Buyers and Sellers to familiarize themselves with these Purchase rules before placing an order. Buyers are automatically deemed to have accepted the Purchase rules Privacy policy by completing their order on the Dalys.lt online trading platform.
These Purchase rules set out the general terms and conditions of purchase and sale contracts concluded by Dalys.lt and form an integral part of these contracts.
The provisions of these Purchase rules do not limit and shall in no case be construed as limiting the rights of the Buyers under the laws of the Republic of Lithuania.
Contract for ordering goods
The Seller shall enter into a contract with the Buyer for the sale of the goods specified in the Advertisement. Such a contract shall be deemed to be concluded from the moment when the Buyer pays for the goods placed in the Dalys.lt electronic shopping cart.
Payment:
The Customer shall pay the Service provider for the goods (or single product) that he purchased. The Service provider shall arrange delivery of the Goods to the Buyer on the next working day after receipt of the order.
When buying in Lithuania, the Buyer can pay for the goods:
in cash to the courier at the time of delivery;
you can pay by bank card when the courier delivers the goods, or at the post office when collecting the goods.
The Buyer can also pay in the following ways:
electronic banking using the Paysera payment system through the following banks: AB bank "Swedbank", AB "SEB bankas", AB "Luminor Bank", Danske Bank A/S Lithuanian branch, AB "Citadele bankas", AB "Šiaulių bankas". Also through the LKU group of credit unions. Please note that each of these banks may charge the Buyer its own fees for paying by e-banking.
debit or credit card payment. If you choose this payment method, payment performed immediately. IMPORTANT: Card payments are only accepted if your card-issuing bank participates in secure online payment programs (MasterCard SecureCode or Verified by Visa). Once you have entered your card details, you may be redirected to the website of the bank that issued your card to enter the security code needed to verify your identity. If the payment is not confirmed, please contact the bank that issued your card or choose another payment method.
via PayPal and WebMoney payment system.
Delivery/collection of goods
Delivery of goods by courier:
Goods are delivered to the address specified by the Buyer throughout Lithuania.
The delivery service fee is calculated automatically in the system at the time of purchase.
The delivery time depends on the delivery method chosen and is based on preliminary estimates from the chosen courier system.
The parcel packaging must have a parcel sticker printed from Dalys.lt.
Collection of goods:
After payment has been made for the Goods or a single product, the Buyer must collect the Goods or single product from the Seller at the address specified in the order confirmation. Goods are stored for 14 (fourteen) days from the date of purchase. After the expiry of this period, the Seller shall inform the Service provider in writing, in agreement with the Buyer, to refund the price of the Goods to the Buyer. The money is refunded within 14 days and the item is republished on Dalys.lt.
The Buyer may choose to collect the Goods from postal self-service terminals.
Returns
The Seller shall give the Buyers the opportunity to return proper quality or low-quality goods within 14 (fourteen) days of receipt or collection in accordance with the procedure set out in the Goods return policy.
Any defects in the goods sold shall be rectified, proper quality and low-quality goods shall be replaced or returned in accordance with the provisions of the Civil Code of the Republic of Lithuania, the Law on Consumer Rights Protection of the Republic of Lithuania and the Law on Consumer Rights Protection of the Republic of Lithuania, dated 22 July 2014. In accordance with the procedure set out in the Retail Trade Rules approved by the Government of the Republic of Lithuania.
Claims handling
The Parties agree that complaints by the Buyer regarding the quality of the goods, their conformity with the information in the Advertisement or other relevant circumstances shall be examined by the Service provider, who shall have the right to make a preliminary decision on the validity of the Purchaser's complaint (claim). If the Service provider, having considered all the circumstances, decides that the Buyer's claim is justified, the Seller undertakes to accept and comply with this decision. This complaint procedure shall not be considered as an alternative dispute resolution procedure and shall in no way preclude the Buyer from asserting his violated rights in other ways provided for by law.
Breach of the terms of the Terms of Use
Users and Buyers are obliged to comply with the terms and conditions of these Terms of Use and the legislation of the Republic of Lithuania. Depending on the nature of the violation, the Service provider has the right to limit, suspend or terminate the User's account, cancel unpaid transactions, delete Advertisements, or move Advertisements to the bottom of the list of search results for Advertisements, place them on hold, or remove inaccurate ones, misleading or any other text of an Advertisement that does not comply with the requirements of reality or the law, oblige the Seller to refund the money paid for the product, reduce or cancel the Seller's discounts, as well as to take other technical and legal measures, if the User:
Violates the provisions of the legislation and these Terms of Use;
Endangers the rights of third parties;
Providing false registration details or failing to pay the required fees on time.
The User shall be informed about the sanctions envisaged or implemented for the respective breaches of the Rules by the e-mail address specified in the Contract or during the registration on Dalys.lt.
Rights of the Service provider:
The Service provider undertakes to:
Make every effort to ensure that the services provided are safe, of good quality and function properly, and that the Seller's Advertisements are properly publicized until the goods are sold or removed from Dalys.lt at the Seller's initiative;
If the Buyer chooses to have the goods delivered to the address specified by the Buyer, no later than 12 noon on the next business day following receipt of payment for the goods purchased in the Advertisement and the cost of shipping, to send a courier service to the Seller's specified storage location to collect the goods.
The Service provider has the right to:
Change and/or introduce new payment and delivery methods and new charges (fees). Buyers shall be informed about the changes at Dalys.lt, by e-mail and in their personal accounts at least 30 days before the changes (fees) are applied. If the Buyer continues to use Dalys.lt, the Buyer shall be deemed to have automatically accepted any changes to the tax system or the introduction of new charges (fees).
Suspend or terminate the provision of services and the performance of its obligations if there are reasonable grounds to believe that the Seller is not complying with the conditions of these Terms of Use and/or with the provisions of law.
The Service provider is not liable for:
any business processes, results, sales dynamics, profits or losses of the User that may be related to the use or inability to use the Dalys.lt;
The truthfulness and accuracy of the content of the advertisements, the authenticity and/or origin of the goods sold, their legality and quality, and timely payment;
damage caused to the User or third parties as a result of the content of the Advertisement and/or its placement on Dalys.lt;
Confirmation of the Buyer's identity, as well as for the proper use of the login, password and other personal data. The Service provider shall not be liable for the use of this information by third parties as a result of the misuse of data;
inappropriate behavior of Users on Dalys.lt;
any material and non-material damage that may be suffered by Users or other persons and which may have occurred directly or indirectly in the accounts of Users, in comments or as a result of other information provided by Dalys.lt;
copyright infringement cases (e.g. by uploading photographs of goods), other intellectual property infringement or infringement of any kind and by any means of the law by the User;
For the disruption of Dalys.lt or the database, loss of data or for losses to the Users or other persons caused by technical reasons and/or difficulties or other events that prevent the User from using Dalys.lt (Internet connection failures, failure of computer equipment, telecommunications equipment or other equipment, etc.).
EVENTS BEYOND THE CONTROL OF THE SERVICE PROVIDER AND THE SELLER
The Seller shall not be held liable for any failure or delay in performance of the Contract or any obligations under the Contract if such failure or delay is due to force majeure circumstances. In this case, the Service provider shall:
Oblige to inform the Buyer immediately of the occurrence of force majeure;
The Seller's obligations under the Contract will be suspended and the deadline for the fulfilment of the obligations will be extended.
If force majeure affects the delivery of the Goods to the Buyer, the Seller will agree a new delivery date after the end of the force majeure circumstances.
Intellectual property
All content of Dalys.lt, including its selection and arrangement (except for the personal data of Users and information uploaded by them), all rights to Dalys.lt, the address of the website, the trademarks, works, software and/or parts thereof, slogans, designs, graphic marks and other intellectual property objects that are uploaded by the Service provider's initiative and are displayed on Dalys.lt are the property of the Service provider or are lawfully used by the Service provider on the basis of agreements with the rightful owners of the intellectual property objects or other legally valid transactions. Any modification or copying or other use of the content or design of the Website is prohibited without the consent of the Service provider.
The Service provider is not responsible for the trademarks (if any) used by the Users on Dalys.lt and cannot be held liable for any infringements of intellectual property protection regulating or other legislation by the Users, if any should be made.
The Seller agrees that its Advertisements and other published content, including any intellectual property, are part of the Dalys.lt database and may be used by the Service provider for advertising or other purposes. The Seller agrees that no royalty or license fee will be payable in respect of the use of such items owned by the Seller.
Exclusion of liability for third-party links
Dalys.lt assumes no responsibility for, and has no influence over, third party links used on the Website that point to other pages.
Dalys.lt has no influence on the content or nature of these pages, and by choosing to click on them and be redirected to a page other than the Dalys.lt Website, the User assumes his own responsibility.
Settlement of disputes
In the event of a dispute regarding the terms and conditions of these Terms of Use, the Service provider prefers to resolve disputes in good faith, finding a mutually satisfactory compromise. In the event of failure to reach a negotiated settlement, disputes shall be settled in the courts of the Republic of Lithuania.
Final provisions
The Terms of Use shall be governed by the law of the Republic of Lithuania.
If any provision of these Terms of use is held to be invalid, void or unenforceable for any reason, it will be removed and the validity of the remaining provisions will not be affected.
The Service provider reserves the right to supplement or modify the provisions of these Terms of Use by informing the Users thereof by e-mail, in their personal accounts and on the Dalys.lt website. All amendments shall enter into force 30 days after their publication. If the User continues to use the services provided by Dalys.lt after this period, it means that the User automatically accepts the changes.
Disputes between Buyers and Sellers shall be dealt with by the State Consumer Rights Protection Service (address Vilniaus str. 25, LT-01402 Vilnius, tel. (8 5) 262 6751, fax. (8 5) 279 1466, e-mail [email protected]).
On the basis of Regulation (EU) No 524/2013 of the European Parliament and of the Council, disputes relating to contractual obligations between a consumer normally resident in the EU and a commercial operator established in the EU can be brought through the Electronic Dispute Resolution (EDR) platform, available at https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=LT.
