RULES FOR PROVISION OF SERVICES ON THE WEBSITE XDALYS.LT
UAB “Tirnoda”, company code 305340230, office address Laisvės str. 115, Vilnius (hereinafter referred to as the Intermediary), governs the rules (hereinafter referred to as the Rules) for provision of services on website www.xdalys.lt (hereinafter referred to as www.xdalys.lt or the Website ) by the terms and procedure on provision of services of an Intermediary at the Website.
The Rules set out the general terms and conditions of contracts concluded on the Website and are an integral part of these contracts.
Nothing in these Rules shall be interpreted as limiting or in any way restricting the rights of customers under the laws of the Republic of Lithuania.
Terms used in the Rules:
Intermediary – UAB “Tirnoda” – an entity involved in management and administration of www.xdalys.lt, as well as providing other services related to use of www.xdalys.lt.
User - a person wishing to view the Advertisement and (or) wishing to purchase a product described in the Advertisements or using www.xdalys.com in any other form.
Product – Product - used and new vehicle parts, accessories and other parts for sale at www.xdalys.lt.
Advertisement – advertisements of goods offered taken the Intermediary from foreign websites, translated into Lithuanian and published on www.xdalys.lt.
Original Seller – the person who is the seller and (or) owner of the product. UAB “Tirnoda” is only an Intermediary between the Original Seller and the User.
The User must carefully read and understand these Rules before using www.xdalys.lt and the services provided by the Intermediary.
The User expresses his consent to the Rules and the obligation to comply with them in any manner and form after he/she starts using www.xdalys.lt. Persons who do not agree with at least one condition of the Rules shall not be entitled to use www.xdalys.lt.
Only those persons who, according to the Civil Code of the Republic of Lithuania, are capable of concluding the respective Contracts shall be entitled to enter into Contracts with www.xdalys.lt. By accepting the Rules, the User confirms that he/she has the right to register and (or) purchase goods on the Website.
The Intermediary only provides the technical capabilities to view the Advertisement database. The Intermediary is not the owner and (or) seller and (or) manufacturer of any of goods offered. The Intermediary shall only act as an intermediary between the Original Seller and the User, assisting the User in becoming introduced to the product offered, ordering the product, paying the price of the product and delivering the product to the place chosen by the User.
The Intermediary has the right to unilaterally change the services provided by www.xdalys.lt and their taxation and any provisions of the Rules. If the User continues to use the Website after change, revision or supplementation of the Rules, this will indicate the User`s consent to the changes to the Rules.
PERSONAL DATA PROTECTION
UAB “Tirnoda” follows the principle of minimum processing of personal data. However, it must process personal data in order to be able to provide intermediation services.
The user can order goods offered on the website www.xdalys.lt by registering on this website by entering his / her user name and password.
When registering on the website www.xdalys.lt, the User shall enter the personal data necessary for proper execution of the order in the relevant information fields provided by the Intermediary: name, surname, exact delivery address, telephone number and e-mail address and may include gender, date of birth and legal entity name.
The User confirms that the personal data provided on the Website are true, complete and correct.
By accepting these Rules, the User declares that he / she voluntarily submits his / her personal data to www.xdalys.lt and agrees that the data provided by him / her shall be stored and processed electronically in the www.xdalys.lt database for 2 (two) years from his last system login. Personal data is processed for the purpose of providing a proper service to the Users (providing information on the sale of the products in question, ordering a particular product / service, etc.). User data is also processed for the purpose of registering him / her in the website system.
By agreeing with the processing of his / her personal data in order to provide a proper service to the User, the User also agrees to receive to his / her e-mail address and telephone number the information messages necessary for ordering of goods.
The Intermediary confirms that personal data provided by the User will be processed only for the purposes specified in this section. The Intermediary undertakes not to disclose the User's personal data to third parties, except for the partners of the Intermediary providing delivery services or other services related to the proper fulfilment of the User`s order. In all other cases, personal data of the User may be disclosed to third parties only in accordance with the procedure established by legal acts of the Republic of Lithuania.
The User has the right of access to his / her personal data and know how it is processed; require the destruction of personal data or suspend personal data process operations, except for storage, where such processing is not consistent with the law; not to agree with further processing of his/her personal data. The User must submit all requests to the Intermediary regarding the protection of the User`s personal data in writing (including notification using general or customer service e-mail as specified in the website contacts).
By accepting these Rules, the User confirms that he / she authorizes the Intermediary to send to the User commercial offers and information messages of the services of the Intermediary company. The User has the right to refuse to receive such offers by notifying the Intermediary in the manner specified in the notices and / or offers received.
CONCLUSION OF A SERVICE AGREEMENT
The Parties to this agreement (hereinafter referred to as the Agreement) are UAB “Tirnoda”, as an administrator of website www.xdalys.lt (hereinafter referred to as the Intermediary), on one side, and a natural person or legal entity, purchasing goods specified in the advertisements published on website www.xdalys.lt (hereinafter referred to as the User).
The Agreement between the Intermediary and the User shall be deemed to be concluded from the moment when the User, after selecting the ordered product and forming a cart, specifying the delivery address, choosing the payment method and studying these Rules, clicks on the “Order” button and is valid until total fulfilment of the obligations taken under the Agreement. In cases where the User does not agree to all or some of these Rules, he/she must not place an order.
Unless otherwise agreed in writing, the terms and conditions contained in this document shall always govern your agreement with the User. The User must familiarize himself / herself with the provisions of these Rules before using the Services.
All Agreements on www.xdalys.lt shall be concluded electronically, using communication means (computer networks). When concluding the Agreements, the Intermediary follows the Rules for the Sale of Goods and the Provision of Services where the Agreements are concluded through communication, as subsequently amended and / or supplemented approved by Order No 4-959 of the Minister of Economy of the Republic of Lithuania of 23 December 2011.
Actions to be taken upon conclusion of an Agreement:
The User chooses a product on www.xdalys.lt;
The User shall read and thoroughly familiarize himself/herself with the information on a particular product provided by www.xdalys.lt. In case of questions or uncertainties, the User must contact the Intermediary using the contact details on the website www.xdalys.lt;
After the User studied the product information, he/she shall click on the “add to cart” or other similar link on the website www.xdalys.lt;
Once the User has selected all the desired products, a “shopping cart” will be opened and further instructions will be provided to complete all required data and take any other specified actions;
After the User has read and agrees with the Rules, he/she shall put a tick in the field “I accept the Rules”;
Once the User has chosen the payment method, payment is made and the purchase is completed.
The User shall have the right to withdraw from the Purchase and Sale Agreement concluded on the Website by notifying the Intermediary in writing within 7 business days from the day of the conclusion of the Agreement, unless the Agreement was commenced prior to the expiry of the 7 business day term. In such case, the Intermediary undertakes to take every effort to return the Product to the Original Seller and to refund to the User the price paid. The Intermediary`s fee shall not be refunded to the User.
RIGHTS AND OBLIGATIONS OF THE USER
The User shall have the right to purchase the goods on the website www.xdalys.lt in accordance with the procedure set forth in these Rules and in other information sections of the Intermediary`s website.
The User must pay the price of the goods and for their delivery, as well as any other payments (if any are provided in the Agreement) and accept the ordered goods.
If the data provided in the registration form of the registered User changes, the User must immediately update it.
The User, using the website www.xdalys.lt, undertakes to comply with these Rules, other terms and conditions clearly stated on the Website, and not to violate the legal acts of the Republic of Lithuania.
Except as provided in the Agreement, the User has the right to demand timely and proper sale and delivery of the ordered goods.
RIGHTS AND OBLIGATIONS OF THE INTERMEDIARY
If the User attempts to affect the stability and security of the Website or violates its obligations, the Intermediary shall have the right to restrict or suspend the User`s access to the Website immediately and without giving a notice or, in exceptional cases, cancel the User`s registration.
The Intermediary has the right to suspend www.xdalys.lt activity without giving a notice and is not liable for any loss of the User related thereto.
The Intermediary shall have the right to amend these Rules unilaterally by publishing the amended Rules on the website www.xdalys.lt. The amendments shall enter into force from the moment of publication for all transactions concluded after the publication.
The Intermediary shall have the right to cancel the order without giving a prior notice to the User, if the User, having chosen the intended payment methods, does not pay for the goods within 3 (three) business days.
The Intermediary has the right to refuse the sale and delivery of the goods if false, inaccurate, misleading or incomplete information has been provided at the time of registration, ordering and payment for the goods.
The Intermediary undertakes to provide the User with access to the services provided by www.xdalys.lt under the terms and conditions set out in these Rules and on the Website. The Intermediary does not guarantee that www.xdalys.lt will operate without interruption or that the data transmission will be error free. The Intermediary shall not be liable for any losses of the User related to malfunctions of the www.xdalys.lt and / or data transmission errors.
Upon receipt of the payment by the User, the Intermediary undertakes to transfer the price of the product to the Original Seller, to take the product from the original Seller and deliver the products ordered by the User to the address specified by the User, under the terms and conditions specified in the Rules.
PRICES OF GOODS, PAYMENT PROCEDURE AND TERMS
The prices of goods in the E-shop and in the order are indicated in euros, VAT included.
The prices of the goods specified in the advertisement (hereinafter referred to as www.xdalys.lt price) consist of two components:
Prices quoted by the Original Seller (hereinafter referred to as the Product Price);
and the Intermediary`s Fee, which shall be between 10% and 30% of the Product Price (hereinafter referred to as the Intermediary`s Fee). The Intermediary`s Fee is intended to cover the expenses incurred by the Intermediary during fulfilment of the User`s Order (including but not limited to the commission fee, website administration, delivery of the goods to the Intermediary's warehouse, etc.) and fee of the Intermediary.
The advertisements include two prices - the price of www.xdalys.lt, when the goods are picked up in the Intermediary`s warehouse and the price of www.xdalys.lt, when the goods are delivered to the address specified by the User (in this case the price of www.xdalys.lt plus the courier service price).
The User pays for the goods in one of the following ways:
Through “mokėjimai.lt” system;
Through “PayPal” system;
In the form of bank transfer.
By paying by default payment methods, the User undertakes to pay immediately after the order is placed. Only after the payment for the goods has been received, the Intermediary starts to form the consignment of goods and the delivery term starts.
By accepting the Rules, the User agrees that the purchase documents - invoices - shall be submitted electronically to the e-mail address specified in the User Registration Form. UAB “Tirnoda” is only an Intermediary and an administrator of the website www.xdalys.lt and can only invoice for the services it provides - i.e. - the Intermediary`s Fee, if the User wants to receive an invoice for the goods, the User must contact the Original Seller whose data shall be submitted by the Intermediary together with the invoice for the services provided by www.xdalys.lt.
The Intermediary also places the invoices of the services provided to the User in the section “Your account” on www.xdalys.lt. Invoices shall be submitted to the User at the latest by the time the goods are delivered to him/her in the form indicated above. When the User places an order on www.xdalys.lt, in the section “Your Account” the User can see and print the order form - the pro-forma invoice. The invoices shall contain the goods selected, their quantity, the discounts granted, the final price of the goods, including all taxes, shipping charges and any other information required by the accounting legislation.
The Intermediary and the User agree that after the User places the order and the Intermediary approves the price of the Product, the price may change depending on objective factors affecting the price of the Product, such as increase in the cost of the product, technical error of the information systems, extra costs related to sale of the product to the User (p. 7 of Article 6.313 of the CC of the RL). In such a case, if the User does not agree to purchase the product at a new price, either Party shall have the right to terminate the agreement for sale and purchase of the product by giving a notice to the other Party in 3 days. The Parties agree that the losses related to the termination of the sale and purchase agreement in accordance with the provisions of this clause shall not be indemnified.
DELIVERY OF GOODS
Goods shall be delivered to to the Warehouse of the Intermediary located at Paribio Str. 12, Vilnius or to the delivery address specified by the User when ordering the goods.
The Goods shall be delivered by the Intermediary or its authorized representative.
The Intermediary shall deliver the goods to the User within 3 business days after receiving them from the Original Seller (the Intermediary must inform the User by the e-mail specified by him/her that the goods have been received from the Original Seller). These terms do not apply when the Original Seller no longer has the ordered product and the User is informed of the lack of the ordered product. At the same time, the User agrees that, in exceptional cases, the delivery of goods may be delayed due to unforeseen circumstances beyond the control of the Intermediary. In such case, the Intermediary undertakes to contact the User immediately and agree on the terms of delivery, analogous product delivery or refund of the price paid.
In all cases, the Intermediary shall be released from liability for violation of the terms for the delivery of goods if the goods are not delivered to the User or are not delivered to the User in due time or due to circumstances depending on the User.
Fulfilment of the order shall be initiated only after full payment for the goods has been received.
The User undertakes to accept the Goods individually. If the User is not able to accept the Goods individually and the Goods have been delivered to the specified address and on the basis of other data provided by the User, the User shall not be entitled to make claims against the Intermediary regarding delivery of the Goods to the other entity/person.
At the time of delivery of the Goods to the User, the User must check with the Intermediary or his authorized representative the condition of the parcel and the product (s), the quantity, quality and range of the goods. In case of package defect and / or discrepancy in the quantity and / or quality and / or range of the goods, the User must indicate this in the data logger or paper delivery document provided by the Intermediary or his authorized representative and / or draw up a parcel and/or product (s) damage/non-conformance certificate in a free form.
Upon acceptance of the parcel by the User or his representative and signing on a data logger or paper delivery document provided by the Intermediary or his authorized representative, the Goods are deemed to be delivered in damage free package, quantity, quality, range of Goods comply with the conditions of the sale and purchase agreement, extra services specified in a data logger or paper delivery document, are duly provided and the Intermediary shall be liable to the User for any defects of the Goods, unless the cause of such defects is the factory defect or the incompleteness of the Goods.
Upon delivery of the Goods to the address specified by the User, the Goods shall be deemed to have been delivered to the User, notwithstanding whether the Goods are actually received by the User or any other person who has accepted the Goods at the specified address.
If the Goods are not delivered on the planned delivery day, the User shall inform the Intermediary immediately, but not later than on the day following the scheduled delivery day. Otherwise, the User loses the right to make claims to the Intermediary regarding failed delivery or late delivery of the Goods.
Ownership right to the Goods and the risk of accidental loss or damage of the Goods shall pass to the User from the moment of delivery of the Goods, which shall be executed by signing the Handover Certificate provided for in the Agreement. From this moment the User shall become materially liable for the Goods.
GOODS QUALITY GUARANTEE
The properties of each product on www.xdalys.lt are listed collectively in the picture of each product. In case of any doubts or questions regarding the characteristics and / or quality of the goods, the User shall contact the Intermediary by the contacts indicated by the Intermediary.
The Intermediary is not responsible for the fact that the goods on the website may not match the actual size, shape and colour of the goods due to the characteristics of the display used by the Buyer or for other technical reasons. The User is advised to consult the website www.xdalys.lt consultant for additional product information.
The User is aware that the Goods published on www.xdalys.lt are new and used and that the Intermediary is not the seller and / or owner and / or manufacturer of the Goods, etc.
As the Intermediary is not the seller and / or owner and / or manufacturer of the Goods and so on, it shall have no obligation whatsoever regarding the quality of the Goods and / or its compliance with the normal quality requirements imposed to such Goods.
The Intermediary shall not be liable for any deterioration in the quality of the Goods if the User or the persons to whom the Goods have been transferred by the User have used them for purposes other than those for which they are intended; the User has violated the rules for the transportation, storage, use and / or storage of the Goods or the degradation of the Goods is caused by natural phenomena, force majeure, unintended physical, chemical or other harmful factors or caused by the User or third parties.
RETURN AND REPLACEMENT OF POOR QUALITY GOODS
The User understands that the Goods may be used, that the Intermediary shall only mediate between the Original Seller of the Goods and the User, assisting the User in finding, selecting, acquainting with the offered product, ordering the product, paying the price of the product and delivering the product. The User understands that for these reasons, in the event of defects in the Goods, he/she must contact directly the Original Seller, whose details (known to the Supplier) must be communicated to the User by the Intermediary. The Intermediary undertakes to cooperate and provide assistance to the User in order to return a defective product to the Original Seller.
We hereby remind that defects of goods shall be eliminated, poor quality goods shall be replaced and returned in accordance with the Rules of Return and Replacement of Goods approved by the Order No 217 of the Minister of Economy of 29 June 2001 “On Approval of Rules for the Return and Replacement of Goods”. The essential terms of these Rules shall be provided below for the convenience of the User.
Upon return of the Goods by the Buyer - the User, the following conditions must be observed:
The product to be returned must be in its original neat packaging.
The product must be unused by the Buyer - User, undamaged and returned within 14 calendar days after receipt of the product.
The returned Product must be in the same configuration as received by the Buyer.
The product must be unused without loss of trade appearance (damage free labels, protective film, etc.) (this item does not apply in case of return of defective product).
Upon returning product one should submit the proof of purchase, warranty card (if issued).
If the Buyer - User fails to comply with the above Return Policy, the Original Seller has the right not to accept the Goods returned by the Buyer.
Goods are replaced or returned at one of the points of sale of the original Seller. The Buyer-User shall submit a written application to the Original Seller stating the defects of the Product and the demand chosen by the Buyer-User in accordance with the provisions of the Rules.
If the Buyer-User does not provide proof of purchase and sale of the Product from the Original Seller, the Product shall be modified or any other demands specified by the Buyer shall be fulfilled only with the Seller`s consent.
Whereas the goods may be used, please note that if the User does not like the shape, size, colour, model or completeness of the product purchased, he/she may exercise his/her right to replace it within fourteen days from the date of sale of the non-food product, if the seller did not set a longer term, to replace the product with an analogous one only with the seller`s consent.
The User is fully responsible for the correctness of the personal data provided by him / her. If the User does not provide accurate personal data, the Intermediary shall not be liable for any consequences arising therefrom and shall be entitled to claim from the User direct losses.
The User shall be responsible for the actions taken in connection with this e-shop.
Registered User is responsible for transferring his/her login data to third parties. If the services provided by www.xdalys.lt are used by a third party who logs in to the website using the User's login data, the Intermediary shall consider that person as a User.
The Intermediary shall be released from any liability in cases where the loss arises from the fact that the User, despite the recommendations of the Intermediary and his obligations, has not become acquainted with these Rules, even though he/she has been given such opportunity.
If the Intermediary's e-shop contains links to websites of other companies, institutions, organizations or individuals, the Intermediary is not responsible for the contained information or pursued activities, does not supervise, controls, or represents those companies or individuals.
The Intermediary shall not be liable for the proper fulfilment of mutual obligations between the User and the Intermediary's partners whose services the Intermediary orders.
In case of damage, the responsible party shall only compensate the other party for direct losses.
The Intermediary sends all notifications to the email address provided by the User during registration.
The User shall send all messages and questions by the means of communication specified in the “Contact” section of the Intermediary`s e-shop.
These Rules are drawn up in accordance with legal acts of the Republic of Lithuania.
Relations arising from these Rules shall be governed by the law of the Republic of Lithuania.
All disagreements arising from these Rules shall be settled by negotiation. In case of failure to achieve agreement, the disputes shall be settled in accordance with the procedure established by the laws of the Republic of Lithuania.
The User and the Intermediary agree that all information provided on the Intermediary`s e-shop website (including, but not limited to, these Rules, information about the Intermediary, the goods and services offered and their properties, the User`s right of withdrawal the sale and purchase agreement) is considered provided in writing.
These Rules do not limit the statutory rights of customers.