Terms and Conditions
DALYS.LT WEBSITE TERMS AND CONDITIONS OF USE
Introduction
These User Rules (hereinafter "Terms of Use"), of online trading platform Dalys.lt (hereinafter referred to as "Dalys.lt") set forth the provisions defining the order for use of Dalys.lt, Seller's and Buyer's obligations, rights, duties and responsibilities.
By using Dalys.lt, the Seller and the Buyer automatically agree to the terms and conditions set forth in the Terms of Use.
All copyrights of Dalys.lt are owned by UAB Recaras (hereinafter referred to as the "Service Provider"), c.c. 303309407, address Zietelos g. 3, Vilnius, LT-03202, the company is registered in the Register of Legal Entities of the Republic of Lithuania. The Service Provider is at the same time a manager and administrator of Dalys.lt.
These Terms of Use determine the general terms and conditions of the Purchase and Sale Agreement concluded by Dalys.lt and it is an integral part of these contracts.
The provisions of this Agreement are not limiting and in no case may be construed as restricting the rights of Buyers established by the legal acts of the Republic of Lithuania.
About Dalys.lt
Dalys.lt is an online store that allows you to offer, sell and buy used car and motorcycle parts. Only sellers who, according to a separate agreement from the Service Provider, lease an additional ReCar used parts management and sales system package (hereinafter referred to as the "Sellers") may sell the Goods at Dalys.lt.
To search, view, publish and purchase on Dalys.lt may any person or legal companies ("Buyers"). In these Terms of Use as Buyers are referred any customers of "Dalys.lt": registered (created account) and not registered visitors. Sellers and Buyers together, in these Terms of Use, may hereinafter be referred to as Users. Users of Dalys.lt express their consent to, and undertake to comply with, all the provisions of these Terms of Use. Individuals who disagree with all or part of the Terms and Conditions should not use and view Dalys.lt portal.
The Service Provider performs only the role of an intermediary, and does not own goods that are published and sold on Dalys.lt. The Service Provider, when managing and administering Dalys.lt, only makes technical arrangements available to Sellers for the publishing the goods and for the Buyers to purchasing it. The Service Provider does not represent Sellers, Manufacturers of goods or other interested parties. The Seller is responsible for the fact of the existence of goods, their quality, safety and legality, their descriptions on Dalys.lt, the correct pricing, the accuracy, feedback and comments.
The Rules for use of the Dalys.lt website contains the following sections: 1. Introduction 2. About Dalys.lt; 3. General obligations of buyers and sellers; 4. Adverticement placement requirements 5. Registration and participation of Buyers on Dalys.lt 6. Purchase agreement 7. Payment for goods; 8. Delivery and withdrawal of goods 9. Goods return policies 10. Investigation of claims between the buyer and the seller; 11. Violation of Terms of Use Rules; 12. Liability of the service provider; 13. Intellectual property; 14. Dispute settlement; 15. Final provisions.
In order to ensure more convenient and safer use of the site, taking into account that Dalys.lt is constantly changing and developing, the Service Provider has the right to change the conditions of the Terms of Use, the range of services provided and the taxation. About significant changes to the Terms of Use (such as the emergence of additional services, changes in service charges) Sellers will be informed by e-mail. Buyers using Dalys.lt, after the changes, will automatically imply their acceptance of the amended Terms of Use.
Agreement on Dalys.lt compliance with the usage rules are made in electronic form. The service provider follows the provisions of the Law of the Republic of Lithuania and the legal acts of the Republic of Lithuania (including the Civil Code, the Law on Consumer Protection, the Law on Legal Protection of Personal Data and other legal acts).
General obligations of buyers and sellers
Accepting the Terms of Use of Dalys.lt, the Buyer undertakes:
Do not violate or do not break any legal provisions, third party rights or Dalys.lt Terms of Use;
To use Dalys.lt is forbidden for persons under the age of 18, or to persons whose ability is restricted by a court order, or there right to use portal is suspended by Dalys.lt based on the Terms of Use. To use Dalys.lt can Users who has all the powers and rights to conclude and execute transactions.
to pay the established amount for the purchased product on due time, unless there is a reasonable reason not to do so (such as, the Seller changed the product description, after the goods were sold, due to technical errors incorrect information on the description of the product was provided or the Buyer can not contact the Seller);
on time, within the period specified in section 8, to collect an item, which you paid for or a item reserved on Dalys.lt;
before purchasing the product, read carefully all the information provided in the Adverticement about the product, its final price and its fees and other important information, and in case of uncertainty or questions, contact Us;
notify the Service Provider if the Seller fails to perform his contractual obligations or otherwise violates the Buyer's rights or legal requirements;
carry out other obligations of the buyer, provided for in the legal acts of the Republic of Lithuania.
Accepting the Terms of Use of Dalys.lt, the Seller undertakes:
not to sell fake goods, not to offer goods made or imported into the territory of the Republic of Lithuania in violation of trademark intellectual property rights, do not infringe intellectual property rights of third parties (including copyright, trade mark, design, patents, etc.) or not to infringe upon the rights of any other third parties;
to sell only high quality, legally purchased goods and products conforming to the description of the advertisement, as well as only the goods actually available in stock. Take responsibility for the defects in the quality of the goods or any other inconsistencies in accordance with these rules and/or regulations. All claims regarding any deficiencies in the product, inappropriate information about the goods or any other irregularities in the infringement are directly addressed to the Seller.
on time prepare the goods for collection or withdrawal, unless there is a reasonable reason not to do so - the Buyer violates or does not fulfill his contractual obligations or additional conditions in the advertisement, or it is impossible to contact him;
Do not disassemble the price of the item in any way and do not disturb the sales of other Sellers with your illegal actions;
Do not take any actions that may harm the Customer Feedback and Sales Ranking System;
Do not use Buyer contact information for purposes other than the sale, purchase or dispatch of goods;
To carry out other duties of the seller provided for in the legal acts of the Republic of Lithuania.
Users (both Buyers and Sellers) also commits to:
Do not transfer user Account or login data of Dalys.lt to the third parties, and ensure the confidentiality and security of these data;
do not take any actions that would endanger the security of the Dalys.lt website and its database, to not distribute information that contains viruses or other computer programs or files that may interfere with the normal functioning of Dalys.lt, to be posted on other computers and to do so damage to other Users, the Service Provider or their property, to hinder the use of Dalys.lt or computer;
not to create or duplicate services provided by Dalys.lt, do not publish or send any advertising or chain letters, do not resell the purchased goods for any purpose;
not to use Dalys.lt for illegal activity or fraud, do not offer the purchase items the sale of which is prohibited or restricted;
to follow all terms and conditions of the Terms of Use.
To compensate loss incurred by the Service Provider, if such arises due to the fault of the User.
Requirements of advertisement placement
The seller, in order to advertise the Ads, rents an additional ReCar used parts management and sales system for the agreed value according to a separate contract addendum.
By distributing the adverticement on Dalys.lt, the Seller agrees to comply with these Terms of Use, legal requirements, fair business practices and commits:
to publish the Ads only to the relevant and specific parts of the classifieds categories;
To provide accurate, clear, complete and correct information about the product being sold, as well as do not disclose any information that discriminates, slanders or otherwise violates the requirements of the legislation;
to fix the price of an item in an appropriate and fair manner, do not indicating different price of an item from the one indicated in the basic information about the product or do not fix the price that does not correspond to the real market value. The price must be the same as in the invoice issued for the Buyer;
Do not publish in the ad comments other goods or services than indicated in the main advrticement information;
upload clear and high-quality photos featuring only the item you are selling, do not include logos and other graphic images of inscriptions into the location of photos. It is forbidden to upload photos without the consent of the author or another legitimate owner of the photo (e.g., publishing pictures of the goods found online);
Do not post links to other websites.
Announced advertisement can be found by Users on the Search Engine Dalys.lt using keywords or by category within a few minutes after uploading. However, if the operation of Dalys.lt is interrupted or due to other natural technical barriers, there are some delays, the Service Provider reserves the right to treat the Ad to be placed on time if it becomes visible in the search within 24 hours since its upload.
For the position of the placed ad on the search engine may be influenced by the content of the Ad, title, search terms, price of the item, reviews and ratings, and other factors.
Buyers registration and participation in Dalys.lt
By using Dalys.lt, the Buyer agrees to comply with these Terms of Use.
In order to purchase the goods and make it more convenient to use Dalys.lt, the Buyer could register and create a personal account at Dalys.lt. The buyer could fill electronic registration form, providing basic personal information. The buyer commits to provide accurate and complete information about himself. In case of providing incorrect, inaccurate or incomplete information, or if Service Provider has reason to believe that this has been done, the Service Provider has the right to suspend or terminate the Buyers registration, to block the Buyer's account and/or refuse to provide the Buyer with the services.
Login details are given to the Buyer (login name that Buyer creates himself and the password) with which he can access 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 when logged in with his login details.
The Buyer, having made a compulsory free registration, is using Dalys.lt free of charge.
The buyer, after placing the goods in the basket, and wishing to complete the purchase-sale transaction, must pay for them in the ways and terms specified in clause 7.
After a complete purchase-sale transaction, the Buyer will receive an automated invitation to evaluate the overall shopping experience at Dalys.lt.
If third parties have known the Buyer’s password, 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, product or other material contained therein.
Contract for the ordering of goods
The Seller consists a purchase-sale agreement with the Buyer on the sale of the goods specified in the Advertisement. Such agreement shall be deemed to be concluded from the moment when the Buyer pays for the goods placed on the Dalys.lt electronic shopping cart.
Payment for goods
The Buyer shall pay the Service provider for the purchased goods. The Service provider shall organize delivery of the goods to the Buyer on the day after receiving the order.
The Buyer can pay in cash when purchases are made in Lithuania. After choosing this payment method, the payment can be made to the courier at the time of delivering the goods.
When purchases are made in Lithuania the Buyer can pay by bank card at the time of delivering the goods by the courier or collection of the goods in Omniva, DPD and LP EXPRESS terminals.
The Buyer can pay for the goods using electronic banking services or the Paysera payment system. Payment is carried out through the following banks: AB “Swedbank” bank, AB “SEB bankas”, AB “Luminor Bank”, Danske Bank A/S Branch of Lithuania, AB “Citadele bankas”, AB “Šiaulių bankas”. Also through the credit union group of the Lithuanian Credit Union. We would like to note that each aforementioned bank might apply its own fees for payments made via electronic banking services.
The Buyer can pay for the goods by indicating data of his/her debit or credit card. Billing is carried out immediately if you choose this payment method. IMPORTANT: Payments with a card are available only if Your bank participates in a secure online payment programme (MasterCard SecureCode or Verified by Visa). After inputting the card data, you may be prompted to the website of Your bank for inputting the security code necessary for verification of Your identity. If payment is not verified, please contact Your bank or choose another payment method.
The Buyer can pay for the goods using the “MoQ” payment app, PayPal or WebMoney payment systems.
Delivery and pick-up of goods
Delivery by courier:
Purchased goods can be delivered to the address indicated by the Buyer within the territory of Lithuania (except the Curonian Spit) within 1-2 working days from receipt of the order. Purchased goods are delivered from 8:00 to 17:00 h, the courier will contact the Buyer in advance using the contact telephone number provided when placing the order.
The delivery fee is automatically calculated by the system at the time of purchase.
If goods are ordered until 12:00, the goods shall be collected for dispatch the same day. If an order is placed after 12:00, the courier shall collect the goods and deliver them to the Buyer within 1-2 working days after payment is made. The packaging of the goods must contain the following documents – a VAT invoice issued for the Buyer and information regarding returns of the goods. A parcel sticker, printed from Dalys.lt, must also be attached to the package.
Collection of purchased goods:
If payment is made only for the goods, the Buyer must collect such goods from the Seller at the address indicated in the order confirmation. The goods are stored for 14 (fourteen days) after the purchase date. After such period the Seller, and after coordinating with the Buyer in writing and in advance, the Seller shall inform the Service provider to refund the price of the goods paid to the Buyer. Money is refunded within 14 days, and the goods are placed back on Dalys.lt.
The Buyer can choose to collect the goods from LP EXPRESS parcel self-service terminals, DPD Pickup parcel self-service terminals or Omniva parcel terminals.
Return of goods
The seller allows the Buyer to return the quality items and the defective goods within 14 (fourteen) days from their receipt in accordance with the procedure for returning the goods.
Examination of claims between buyer and seller
The Parties agree that the claims of the Buyers regarding the quality of the goods, their compliance with the information specified in the advertisement or the Service Provider, who has the right to make a preliminary decision on the validity of the Buyer’s claim, examines other relevant circumstances. The Service Provider, having assessed all the circumstances, concluding that the Customer's claim is substantiated; the Seller is obliged to accept this decision and fulfill it. This claim settlement procedure is not considered an alternative dispute resolution solution and in no way precludes the Buyer from defending his rights in other ways eligible by law.
Infringement of Terms of Use
The Users 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 breach, the Service Provider has the right to restrict, suspend or cancel the User account, cancel the outstanding transactions, cancel the Ads, or move them to the bottom of the list of search results, hold or remove inaccurate, deceptive or misleading ad text that does not meet the requirements of reality or law. To oblige the Seller to return the money for the paid item, to 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;
Provides incorrect registration data or in due time do not pay mandatory fees.
The User shall be informed about the foreseen or completed sanctions for the relevant violations by mail specified in the agreement or at the time of registration at Dalys.lt.
Responsibility of the service provider
The Contractor undertakes:
To make effort to ensure that the provided services are safe, of high quality and function properly so that the Seller's advertisements are properly publicized until the goods are sold or removed from Dalys.lt by the Seller's initiative;
When the customer chooses to deliver the goods to the place indicated by the Buyer, not later then after 12.00 pm next business day, from receipt of the goods order and payment of the costs of sending, to send the courier service to the place of storage of the goods indicated by the Seller for the collection and dispatching of goods.
The Service Provider has the right:
Modify and / or enter new billing and delivery methods and new fees. About any changes Buyers will be informed by email or in users account by Dalys.lt, at least 30 days before the changes will be made. If the Buyer continues to use Dalys.lt, it is deemed to automatically accept changes to the tax system or the imposition of fees.
To suspend or terminate the provision of services and fulfillment of its obligations, if there are reasonable grounds for believing that the Seller does not comply with the terms and / or legal provisions of these Terms of Use.
The Service Provider is not responsible for:
any processes, results, sales dynamics, profit or loss that may be related to the use of Dalys.lt, or the unavailability of, the use of Dalys.lt by the User;
The accuracy, precision of the advertisement, authenticity and / or origin of the goods sold, their legality and quality, and timely payment of the content;
the damage to the User or third parties due to the content of the Ad and / or its placing on Dalys.lt.
A confirmation of the buyer's identity, as well as the proper use of the login name, password and other personal data. The Service Provider is not responsible for the fact that due to incorrect use of the data, third parties have used this information;
for inappropriate behavior of Users at Dalys.lt;
for material or intangible damage which may be incurred by Users or other persons and which could directly or indirectly appear in User accounts, comments or was provided by other parts of information source at Dalys.lt;
infringement of copyright (eg by uploading photographs of goods), other violations of intellectual property rights or any kind of violation of any legal acts performed by or through the User in any manner;
For Dalys.lt or database malfunction, loss of data or for losses caused to Users or third party due to technical reasons and/or difficulties or other events for which the User is unable to use Dalys.lt (Internet connection disruptions, hardware, telecommunications failure of equipment or other equipment, etc.).
Intellectual property
All content of Dalys.lt, including its selection and layout (except for the User's personal data and the information they uploaded), all rights to Dalys.lt, website address, Trademarks, works, software uploaded to Dalys.lt by the Service Provider's initiative and / or its parts, slogans, designs, graphics, and other intellectual property objects provided by Dalys.lt are the property of the Service Provider or are legally used on the basis of agreements between the Service Provider and the holders of legitimate intellectual property or other legally valid transactions. In addition to the Service Provider's consent, any content, design or copying or other use of the site is prohibited.
The Service Provider is not responsible for the trademarks used by Users of Dalys.lt (if any) and can not be held liable for any infringements of the User's intellectual property laws or other legal acts, if the Users do so.
The Seller agrees that his Promotions and other published content, including any intellectual property, is part of the Dalys.lt database, and the Service Provider may use it for advertising purposes or for any other purpose. Seller agrees that the ownership or license fee for the use of such items owned by the Seller will not be paid.
Dispute settlement
If there is a dispute regarding the terms of these Terms of Use, the Service Provider shall give priority to a benevolent dispute settlement by finding a mutually satisfactory compromise. Failing to reach an agreement by negotiation, disputes are resolved in the court of the Republic of Lithuania.
Final provisions
The law of the Republic of Lithuania governs the rules of use.
If any provision of these Terms of Use is declared void, invalid or for some reason not enforceable, it will be removed and this will not affect the validity of other provisions.
The Service Provider reserves the right to supplement or change the provisions of these Terms of Use, informing Users by the email, by notification in the personal accounts and on the Dalys.lt website. All changes take effect 30 days after their publication. If the User continues to use the services provided by Dalys.lt after this deadline, it means that he automatically agrees to the changes.
Disputes between consumers and sellers are handled by the State Consumer Rights Protection Authority (address Vilniaus g. 25, LT-01402 Vilnius, tel. (8 5) 262 6751, fax (8 5) 279 1466, e-mail [email protected]).
By regulation of the European Parliament and of the Council (EU) no.524/2013, disputes relating to contractual obligations between a consumer normally resident in the EU and a trader established in the EU may be made through the Electronic Dispute Resolution (EGS) platform available at https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=LT.
