The rules for the provision of services on the website xdalys.lt (hereinafter – xdalys.lt or the Website) of Kostrzewa Baltic, UAB, company code 301891670, VAT code LT100004336711, registered office address Gabijos St 32, Vilnius (hereinafter – the Supplier, and, respectively, the Rules) define the conditions and procedure for the provision of services provided by the Supplier on the Website.
The rules lay down the general conditions of contracts concluded on the Website and constitute an integral part of such contracts.
These Rules shall not limit the rights of purchasers laid down by the legislation of the Republic of Lithuania, and in no cases may be understood are restrictive in respect of such rights.
Concepts used in the Rules:
The Supplier – the person who/that manages and administrates xdalys.lt and provides other services related with the use of xdalys.lt indicated in Clause 1 of the Rules.
The Consumer – a person who wants to review an Announcement or uses xdalys.lt in any other form.
Goods – used and new car components, accessories and other parts.
An Announcement – an announcement of the goods offered taken by the Supplier from other websites, translated into Lithuanian and published on the website xdalys.lt.
The Actual Seller – the person who is the seller and/or owner of the goods.
Before starting to use xdalys.lt and the services provided by the Supplier therein, the Consumer must read and review these Rules carefully.
By using xdalys.lt by any method and in any form, the Consumer expresses his/her agreement with the Rules and undertaking to comply with them. The persons who disagree with any of the provisions of the Rules shall not be entitled to use xdalys.lt.
Contracts on xdalys.lt may be concluded only by the persons who are legally capable and are able to conclude the respective contracts in accordance with the Civil Code of the Republic of Lithuania. By accepting the Rules, the Consumer confirms that he/she has the right to register and/or purchase goods on the Website.
The Supplier only provides technical possibilities to review the database of Announcements, and is not the owner and/or seller and/or manufacturer of the goods offered. The Supplier only acts as an intermediary between the Actual Seller of goods and the Consumer, assisting the Consumer to acquaint himself/herself with the goods, to pay the price for the goods and delivering the goods to the location of the Consumer’s choice.
The Supplier shall be entitled to modify the services provided on xdalys.lt and the fees due for them, as well as any provisions of the Rules unilaterally. Continued use of the Website by the Consumer after a modification, amendment or supplementation of the Rules will imply the Consumer’s agreement with the amendments of the Rules.
PERSONAL DATA PROTECTION
In order to order the goods offered on the website xdalys.lt, the Consumer shall perform the registration on the website by entering his/her registration name and password.
In order to perform the registration on the website xdalys.lt, the Consumer must indicate his/her personal data necessary for due fulfilment of an order of goods in the respective information fields presented by the Supplier: name, surname, precise address for delivery of goods, telephone number and e-mail and may indicate his/her gender, date of birth and name of the legal entity.
The Consumer confirms that the personal data provided on the website are accurate, detailed and correct.
By accepting these rules, the Consumer represents that he/she provides his/her personal data for the website by his/her free will and agrees that the personal data he/she has provided are stores and processed electronically in the database of the website for 2 (two) years after the last access to the system. Personal data shall be processed in order to provide the services to Consumers (to provide information of sale of the respective products, order certain goods/services, etc. in a due manner). In addition, the Consumer’s data shall be processed for the purpose of the Consumer’s registration on the website.
By accepting that his/her personal data are processed for the purposes of due provision of services to the Consumer, the Consumer agrees that information messages necessary for the fulfilment of an order of goods would be sent to his/her indicated e-mail address and telephone number.
The Supplier confirms that the personal data indicated by the Consumer will be processed only for the purposes specified in the Section. The Supplier undertakes not to disclose the Consumer’s personal data to third persons except the Supplier’s partners providing delivery or other services related with due fulfilment of the Consumer’s order. In all other cases the Consumer’ personal data may be disclosed to third parties only in accordance with the procedure laid down by the legislation of the Republic of Lithuania.
The Consumer shall have the right to review his/her personal data and their processing methods; to demand deleting his/her personal data or suspending personal data processing actions (except storage) in the event where the data are not processed in compliance with the provisions of the laws; to disagree with further processing of his/her personal data. All Consumers requests to the Supplier in relation to the Consumer’s personal data protection must be presented in writing (including a communication by the general or client service e-mail indicated in the contact details on the website).
By accepting these Rules, the Consumer confirms that he/she grants the right to the Supplier to send commercial offers and information messages of the services provided by the Supplier’s company to the Consumer. The Consumer shall have the right to refuse from receiving such offers by giving notice to the Supplier by the method indicated in the messages and/or offers received.
CONCLUSION OF SERVICE PROVISION CONTRACT
A contract between the Supplier and the Consumer shall be deemed to be concluded from the moment on which the Consumer who has selecting the goods to be ordered and added them to the shopping card, has indicated a delivery address, has selected a method of payment and has reviewed these Rules, clicks on the button “Order”, and shall be valid by the complete fulfilment of obligations under this contract. In the cases where the Consumer disagrees with all the Rules or a certain part thereof, he/she must not submit an offer.
An agreement with the Consumer shall always be within the limits of the requirements and rules provided for in this document except the cases where otherwise agreed in a written contract concluded with the Supplier. Before starting to use the services, the Consumer must review the provisions of these Rules.
All Contracts on xdalys.lt shall be concluded electronically using means of [distance] communication (computer networks). The Supplier shall conclude contracts in accordance with the Rules for sales and provision of services where contracts are concluded using means of distance communication approved by Order No. 4-959 of the minister of Economy of the Republic of Lithuania of 23 December 2011 as amended and/or supplemented.
Actions performed during the conclusion of a contract:
Goods are selected on Xdalys.lt;
The information presented on xdalys.lt of the specific goods is read and reviewed in detail; In case of questions or uncertainties the Consumer must address the Supplier using the contact details provided on the website xdalys.lt;
After reviewing the information of the goods, the Consumer clicks the link “Add to the shopping cart” o another equivalent link on the website;
After selecting all desired goods, the shopping cart is opened and all required data are entered in accordance with the instructions; other specified actions are also carried out;
The Rules are read and accepted by checking the box “I accept the Rules”;
A method of payment is selected, the payments is made, and the purchase is completed.
The Consumer may withdraw from the sale and purchase contract concluded on the Website by giving notice to the Supplier within 7 working days from the date of conclusion of the Contract except the cases where the contract was started to be implemented before the expiry of the time limit of seven days with the Consumer’s consent. In such a case the Supplier assumes the obligation to take every step in order to return the Goods to the Actual Seller and to reimburse the price of the Goods to the Consumer. In such a case the Supplier’s remuneration shall be reimbursed to the Consumer.
RIGHTS AND OBLIGATIONS OF THE USER
The Consumer shall have the right to purchase the goods on the website xdalys.lt in accordance with the procedure laid down in these Rules and in the information sections of the Supplier’s website.
The Consumer must pay the price of the goods and their delivery and make another payments (if any are provided for while concluding the contract) and to accept the ordered goods.
If the data indicated in the registration form of a registered Consumer change, he/she must update them without delay.
A Consumer using the website xdalys.lt, undertakes to comply with these Rules, other conditions explicitly stated on the website, and not to violate the legislation of the Republic of Lithuania.
RIGHTS AND OBLIGATIONS OF THE SUPPLIER
If the Consumer tries to damage the stability and safety of operation of the website or violates his/her obligations, the Supplier shall have the right to restrict or suspend his/her possibilities to use the website or, in exceptional cases, to cancel the Consumer's registration.
The Supplier shall have the right to temporarily or permanently terminate the operation of the website at any time without a separate notice and shall not be liable for any Consumer’s losses in relation thereto.
The Supplier shall have the right to amend these Rules unilaterally by publishing the amended Rules on the website xdalys.lt. The amendments shall be applicable to all transactions concluded after the moment of publishing thereof.
The Supplier shall have the right to cancel the order without any advance notice to the Consumer if the Consumer who has selected the method of payment provided for in Clause 35 of the Rules fails to pay for the goods within 3 (three) working days.
The Supplier undertakes to allow the Consumer to use the services provided on xdalys.lt on the conditions provided for in these Rules and on the website. The Supplier excludes any warranties in relation to uninterrupted operation of xdalys.lt or transmission of data without any errors. The Supplier shall not be liable for any Consumer’s losses related to interruptions of operation of xdalys.lt and/or data transmission mistakes.
Upon the receipt of the Consumer’s payment, the Supplier undertakes to transfer the price of the goods to the Actual Seller, to collect the goods from the latter and to deliver the goods ordered by the Consumer to the address indicated by the Consumer in accordance with the conditions indicated in the Rules.
PRICES OF GOODS, PAYMENT PROCEDURE AND TIME LIMITS
The prices of goods indicated the e-shop and in the order formed shall be in euros with VAT.
The prices of goods in the announcement (hereinafter – the xdalys.lt price) consist of two parts:
The price of the goods indicated by the Actual Seller (hereinafter – the Price of Goods);
and the Suppliers remuneration for the services which amounts to 10% – 30% percent of the price of the Goods (hereinafter – the Supplier’s Remuneration). The Supplier’ Remuneration shall be intended to cover the costs incurred by the Supplier for the purposes of fulfilment of the Consumer’s order (including but not limited to the fee of the commission fee, costs of website administration and transportation of the goods to the Supplier’ warehouse, etc.).
The announcements shall state two prices – the price of xdalys.lt applicable where the goods are collected at the Supplier’s warehouse and the price of xdalys.lt applicable where the goods are delivered to the address indicated by the Consumer (in the latter case the price of the courier's services shall be added to the price of xdalys.lt).
The Consumer shall pay for the goods by one of the following methods:
using the system mokėjimai.lt;
using the PayPal system;
by an ordinary bank transfer.
Where the payment is made by the methods indicated in Clause 36, the Consumer undertakes to pay as soon as the order is formed. The formation of the parcel of goods shall start the delivery time limit shall begin only upon the receipt of the payment for the goods.
By accepting the Rules, the Consumer agrees that the goods purchase documents – VAT invoices – are presented to the Consumer electronically by e-mail indicated in the Consumer’s registration form. VAT invoices for the goods purchased by the Consumer shall also be made available by the Supplier on xdalys.lt at the section “Your account”. VAT invoices shall be presented to the Consumer in the above-indicated form no later than by transferring the goods to the latter. Upon the submission of an order through xdalys.lt, the Consumer will find and be able to print out the respective order sheet (pro forma invoice) in the section “Your account”. The invoices shall contain data of the selected goods, their quantity, applied discounts, the final price of the goods including all taxes, delivery fees and other data to be provided in accordance with accounting legislation.
The Supplier and Consumer agree that after the Consumer submits and order of goods to the Consumer, and the Supplier confirms it, the price of the goods may be changed taking account of the objective indicators influencing the price such as an increase of the cost of the goods, a technical error in IT systems, additional costs associated with the sale of the goods to the Consumer (Article 6.313(7) of the Civil Code of the Republic of Lithuania). If under such circumstances the Consumer disagrees to acquire the goods for the new price, any of the Parties may terminate the goods’ sale and purchase contract by giving notice to the other Party. The Parties agree that the losses incurred in relation to the termination of the sale and purchase contract in accordance with the procedure laid down in this Clause shall not be compensated.
DELIVERY OF GOODS
The Goods shall be delivered to the Consumer in the Supplier’s warehouse located at the address Gabijos St. 32, Vilnius, or to the address indicated for the purposes of delivery of goods by the Consumer during the order.
The Goods shall be delivered by the Supplier or the Supplier’s authorised representative.
The Supplier shall present the goods to the Consumer within 20 working days after the receipt of the goods from the Actual Seller (the Supplier must inform the Consumer by e-mail he/she has indicated that the goods have been received from the Actual Seller). These time limits shall not be applicable in the cases where the Actual Seller does not have the ordered goods any more, and the Consumer is informed of unavailability of the ordered goods. Herewith, the Consumer agrees that in exceptional cases provision of goods may be delayed due to unforeseen circumstances not depending on the Supplier. In such an event the Supplier undertakes to contact the Consumer without delay and to coordinate the conditions under which the goods are to be supplied, analogical goods are to be presented or the price of the goods is to be reimbursed.
In any case the Supplier shall be released from liability for a violation of the time limits for delivery of goods if the goods are not presented to the Consumer or are presented in delay because of the Consumer’s fault or in result of circumstances that depend on the Consumer.
An Order shall be started to be fulfilled only upon the receipt of payment for the goods.
The Consumer undertakes to accept the Goods himself/herself. In the event that he/she is unable to accept the Goods himself/herself, and the Goods are delivered to the indicated address on the basis of other data presented by the Consumer, the Consumer shall have no right to make claims to the Supplier concerning delivery of the Goods to an inappropriate person.
At the moment of delivery of the Goods to the Consumer, the latter must check the condition of the parcel and the goods, the quantity, quality and assortment of goods together with the Supplier or the Supplier’s authorised representative. If it is found that the package is damaged and/or that the goods have quantity and/or quality and/or assortment defects, the Consumer must state this in the data logger presented by the Supplier or the Supplier’s authorised representative, or in a hard copy goods delivery document and/or draw up a free-form deed of incompliances/defects of the delivery and/or the goods.
If the Consumer or his/her representative accepts the delivery and signs without adding any comments in the data logger or hard copy Goods delivery document presented by the Supplier or its authorised representative, it shall be deemed that the Goods have been delivered in an undamaged delivery package, the quantity, quality and assortment of the Goods complies with the conditions of the sale and purchase contract, and the additional services indicated in the data logger or in the hard copy Goods delivery document have been performed in a due manner, and the Supplier shall be released from the liability to the Consumer for any damage of the goods if such damage has resulted because of other reasons than manufacturing defects or incompliances of the set of goods.
Upon the delivery of the Goods to the address indicated by the Consumer, the goods shall be deemed to be duly transferred to the Consumer regardless of the fact whether the Goods have been actually accepted by the Consumer personally, or by any other person at the indicated address.
If the Goods are not delivered on the planned delivery date, the Consumer shall inform the supplier thereof without delay but not later than on the next day after the planned Goods delivery date. Otherwise the Consumer shall loose the right to make claims related to a failure to deliver the goods or late delivery to the Supplier.
The title to the Goods and the risk of accidental loss, destruction or damage thereof shall pass to the Consumer from the moment of transfer of the Goods which shall be recorded in a signed document of transfer and acceptance of the Goods. From this moment the Consumer shall become materially liable for the Goods.
QUALITY WARRANTY FOR THE GOODS
The characteristics of each piece of goods offered for sale on xdalys.lt shall be generally indicated on the picture displayed alongside. In case of any doubts or questions of the characteristic and/or quality of the goods, the Consumer must contact the Supplier by the latter’s indicated contact data.
The Supplier shall not be liable if the colour, form or other parameters of the goods offered for sale on the website do not match the actual size, form and colour because of the features of the display used by the Purchaser or due to other technical reasons. The Consumer is recommended to contact the adviser of the website xdalys.lt for additional information of the goods.
The Consumer is aware that the goods may be used (i. e., not brand new), and that the Supplier is not the seller and/or owner and/or manufacturer etc. of the Goods.
Having regard that the Supplier is not the seller and/or owner and/or manufacturer etc. of the Goods, the Supplier does not assume any obligations concerning quality of the Goods and/or its compliance with ordinary quality requirements applicable for the Goods.
The Supplier shall not be liable for deterioration of quality of the Goods if the Consumer or persons to whom the Consumer has transferred the Goods have used them for other purposes than the ones for which such Goods are usually used, have violated the rules of transportation, storage and/or warehousing of the Goods, or the deterioration of quality of the Goods has been caused by natural occurrences, force majeure, foreign physical, chemical or other harmful effects or has resulted because of the Consumer’s or third persons’ fault.
RETURN AND REPLACEMENT OF DEFECTIVE GOODS
The Consumer understands that the goods may be used (i. e., not brand new), that the Supplier only acts as an intermediary between the Actual Seller of goods and the Consumer, assisting the Consumer to find, select, and acquaint himself/herself with the goods, to pay the price for the goods and delivering the goods to the location of the Consumer’s choice. The Consumer understands that because if these reasons in the event that defects of the goods are identified, he/she must directly contact the Actual Seller the data of which shall be indicated by the Supplier (as available). The Supplier undertakes to cooperate with and provide assistance to the Consumer in order to return defective goods to the Actual Seller.
We hereby remind that the defects of the goods sold shall be eliminated, defective goods shall be exchanges or returned in accordance with the Item Exchange and Return Regulations approved by Order No. 217 of the Minister of Economy On the approval of the item exchange and return regulations of 29 June 2001. For the Consumer’s convenience, the material conditions of these rules can be found below.
The following conditions must be observed by the purchaser who returns the Goods:
The item returned must be in the original orderly package.
The item must not be damaged by the Purchaser.
The item returned must be in the same set as received by the Purchaser.
The item must not be used, lost its marketable appearance (the labels must be undamaged, safety films not removed, etc.) (This clause shall not be applicable in the event where a defective item is returned).
The item must be returned with its acquisition document, warranty card (if it has been issued).
If the Purchaser fails to comply with the procedure for return of Goods laid down above, the Seller shall have the right to reject the Goods returned by the Purchaser.
The Goods shall be replaced or returned in one of the Seller’s sale points. The Purchaser shall present a written request in which he/she states the defects of the item and the claim selected by the Purchaser in accordance with the requirements of the Rules.
If the Purchaser fails to present the document evidencing the sale and purchase of the item from the Seller, the item shall be replaced or other Purchaser’s claims shall be satisfied only subject to the Seller’s agreement.
Whereas the goods may be used (i. e., not brand new), we would like to note that the Consumer who does not like the shape, size, colour, model or set of the purchased item, may use the right of exchange of the item with an analogical one, within fourteen days after the date of sale of the non-food item unless the Seller has set a longer period, only subject to the Seller’s agreement.
The Consumer shall be fully responsible for the correctness of his/her personal data supplied. If the Consumer fails to present accurate personal data, the Supplier shall not be liable for the resulting outcomes, and shall be entitled to claim compensation of direct losses incurred from the Consumer.
The Consumer shall be responsible for the actions made while using the e-shop.
A registered Consumer shall be liable for any transfer of his/her access data to third parties. If a third party who has connected to the website using the Consumer’s access data uses the services provided by xdalys.lt, the Supplier shall treat him/her as the Consumer.
The Supplier shall be released from any liability for losses resulting from the Consumer’s failure to review these Rules or Warranty Rules despite the Supplier’s recommendations and his/her obligations, although he/she has been granted such an option.
If the Supplier’s e-shop contains links to websites of other enterprises, institutions or persons, the Supplier shall not be liable for any information contained or activities carried out on such websites, shall not take care of or control such websites and shall not represent such enterprises or persons.
The Seller shall not be liable for due performance of mutual obligations of the Consumer and the Supplier’s partners whose services are ordered by the Supplier.
If damage is caused, the defaulting party shall compensate the direct losses incurred by the other party.
All Supplier’s notices shall be sent by e-mail indicated by the Consumer during his/her registration.
All Consumer’s notices and questions shall be sent by the means of communication indicated in the section Contacts of the Supplier’s e-shop.
These Rules have been prepared in accordance with the legislation of the Republic of Lithuania.
The relationship formed on the basis of these Rules shall be governed by the law of the Republic of Lithuania.
Any disputes in relation to compliance with these Rules shall be resolved by negotiations. If the parties are unable to reach an agreement, the disputes shall be resolved in accordance with the laws of the Republic of Lithuania.
The Consumer and the Supplier agree that all information provided on the website of the Supplier’s e-shop (including but not limited to these Rules, information of the Supplier, goods and services being provided and characteristics thereof, the procedure for the implementation of the Consumer’s right of withdrawal) shall be deemed to have been provided to the Consumer in writing.
These Rules shall not restrict the rights provided for in the legislation.