(1) www.euroleasingauto.com is a used vehicle trading platform (hereinafter "Platform" or "Marketplace"). The trading platform is managed by UAB Maremedia, company code 301915598, whose registered office is at Vytauto st. 48B, LT-68296 Marijampole, Lithuania (hereinafter "Platform Operator" or "Euroleasingauto") and offers individuals and legal entities (hereinafter "Users"), in accordance with these General Terms and Conditions, the opportunity to submit offers for vehicles for acquisition in the above-mentioned Marketplace by auction, where used vehicles are offered by Euroleasingauto or companies affiliated with Euroleasingauto.
(2) These General Terms and Conditions (hereinafter - the Terms) govern the contractual relationship between Euroleasingauto and the User. These conditions apply only to the services offered on this Marketplace. All provisions deviating from these Terms apply only if Euroleasingauto approves in writing. The user who accepts these Terms in accordance with § 2 unconditionally accepts them as binding and decisive.
(3) The Platform Operator informs the User about any changes to the Terms in writing, by fax or by e-mail. If the User does not object to such changes within six weeks from the day of receiving the notification, it is considered that the changes have been accepted. In the case of any changes to these Terms, the User's attention is particularly drawn to his right to object and to the legal consequences of silence.
(4) These conditions apply to all genders in the sense of equal treatment. The abbreviated form of speech is for editorial reasons only and does not imply any evaluation.
§ 1 Platform operator services
(1) www.euroleasingauto.com is an online platform for trading used vehicles. The marketplace has an integrated automated information system designed to simplify communication between Users and contracting parties.
(2) Euroleasingauto's services include, among others:
(a) Permission to use the Marketplace when the user has been accepted in accordance with § 2;
(b) Provision of information and communication between Users and contracting parties;
(c) Additional services for Users according to a separate agreement with Euroleasingauto.
(3) The Platform may be temporarily unavailable from time to time due to maintenance or other reasons. Euroleasingauto will make reasonable efforts to resolve any issues related to the Platform. The Platform Operator does not provide any guarantees for technical defects, in particular for the continuous and uninterrupted availability of the Platform or the error-free reproduction of the content entered by the User.
§ 2 Registration and entry to the Marketplace
(1) The condition for the User to be able to use the Marketplace is the permission of the Platform operator. The marketplace is accessible to individuals, entrepreneurs and legal entities.
The Platform is not intended for children under the age of 18.
Neither party has any claim to the right to enter or use the Marketplace.
(2) The User must register as a User. Registration takes place by creating a user account and agreeing to these Terms. During registration, the User must disclose his or his company data, billing data and contact person. The user must provide all requested data accurately and correctly. Registration will be confirmed electronically. Registration constitutes a contract between the Platform operator and the User regarding the use of the Platform. Registration is free. The compensation that the User must pay for the purchase or sale is defined in § 5 of these Rules.
(3) The User guarantees that the information provided to the Platform operator and other Users is correct and complete. He immediately informs the Platform operator of any future changes in the information provided.
(4) The User may not use the Platform to download, transmit or distribute viruses, worms, spyware or similar harmful programs. He may not take any action that could disrupt the functionality of the Platform or any other application, computer or telecommunications device. It is prohibited to transmit or upload information or material that violates the rights of third parties or is offensive, threatening, obscene or of a similar illegal or immoral nature.
(5) All logins are personalized and can only be used by the respective authorized user. The User assumes full responsibility for the Account and everything that happens in this Account. Any declaration, offer, acceptance, decision and/or any other action initiated from the relevant User Account will be deemed valid and made with proper representation. The user must keep his login name and password secret and protect them from unauthorized access by third parties. In case of suspicion of improper use by a third party, the User shall immediately notify Euroleasingauto. As soon as Euroleasingauto becomes aware of such unauthorized use, Euroleasingauto blocks the unauthorized User's access. The platform operator reserves the right to change the login name and password of any User; in such a case, the Platform operator immediately informs the User about it.
(6) The User himself is responsible for the selection, acquisition, licensing, costs, use and operation of hardware, software and telecommunication services necessary for the use of the Platform. They must meet certain minimum requirements, which may be specified on the platform from time to time. The platform operator does not assume any responsibility for hardware and software, third-party products and services, especially telecommunications devices, operating systems, Internet connection and Internet browsers.
(7) The Platform Operator has the right to revoke the User's permission or block his access to the Marketplace if there is reason to suspect that the User has violated these Terms. The platform operator may recall such measures if the User provides relevant evidence at his own expense.
(8) The user may terminate this agreement or his account at any time. An e-mail is sufficient for the declaration of termination at [email protected].
§ 3 Conclusion of contracts at auction
(1) Used vehicles are offered at auction by Euroleasingauto or Euroleasingauto group companies. Used vehicles are offered on the basis of an appraisal report prepared by a commissioned expert service provider, without Euroleasingauto itself performing an expert opinion on the used vehicle.
(2) Invitations to auctions do not constitute a legally binding offer, they are only an invitation to submit offers.
(3) The start and end of the auction, as well as the course, are managed by Euroleasingauto. Euroleasingauto has the right to change or cancel auctions at any time. Euroleasingauto reserves the right to make the use of the User account dependent on the payment of a deposit. The amount of the deposit is determined by Euroleasingauto after performing an internal risk assessment, but not less than EUR 500 ( in words : five hundred) and not exceeding EUR 5.000 ( in words : five thousand). Euroleasingauto returns the deposit when the security of its claims is no longer needed, but no later than after the termination of cooperation, if there are no claims and it is reasonably expected that they will not be received.
(4) Users who wish to purchase a used vehicle (hereinafter - auction participants) have the opportunity to submit binding offers to purchase a used vehicle during the auction. Offers are binding and irrevocable
statements to conclude a contract of sale of the used vehicle offered by the Seller, as specified in Article 6.420 of the Civil Code of the Republic of Lithuania. The Bidder is bound by his bid for another 10 days from the end of the auction or, in certain circumstances, the Seller extends it.
(5) The purchase contract is concluded when the Seller accepts and approves the bid of the auction participant. If the bidder does not receive confirmation within 10 days after the end of the auction, the bid is considered expired.
(6) If a purchase contract is concluded, the Buyer does not have the right to unilaterally refuse the contract concluded at the public auction, based on Article 6.228¹º of the Civil Code of the Republic of Lithuania. If the Buyer unreasonably fails to fulfill the purchase contract, in particular, but not limited to, fails to pay or collect the vehicle, the Seller may withdraw from the purchase contract. In this case, the Buyer must pay the Seller 20 % ( in words: twenty percent) of the bid price.
(7) Users assume responsibility for all price offers submitted on their platform. For other activities carried out at the expense of their members, they are liable to the extent possible under the principles of contracts having a protective effect on third parties.
(8) Users may not manipulate the auction process by bidding using another user account or involving a third party.
(9) All transactions on the Marketplace are subject to the system time applicable on the respective Marketplace platform.
(10) The platform operator reserves the right to change or expand the content and structure of the platform and related User interfaces, if this does not affect or does not have a significant negative impact on the successful operation of the User. The platform operator informs the User accordingly about any changes.
§ 4 Responsibilities of users
(1) At the time of registration in accordance with § 2, the User guarantees to Euroleasingauto and all other Users that, in relation to the data transferred by him, he has fulfilled the requirements of the data protection law and all claims of the security platform operator, including the requirements of public administrative law. In particular, the User will inform the persons acting on his behalf on the platform (in particular employees) about the data processing processes that Euroleasingauto is required to carry out according to Euroleasingauto Data Protection Policy and will ensure that any consent of these persons has been obtained before uploading their personal data to the platform, related to establishing employee logins or otherwise.
§ 5 Purchase price / Terms of payment
(1) During the auction, the purchase price is always understood as the net purchase price (excluding transportation costs, auction fees and other possible costs), excluding applicable VAT. VAT is indicated in accordance with the applicable legal norms in each case. Any possible transport costs can be calculated when submitting an offer on the platform.
(2) The purchase price must correspond to the purchase price approved by the Seller, usually the highest offered purchase price.
(3) The auction fee will be charged to the Buyer according to the price list on the platform. Transport costs to the pick-up location are also paid by the Buyer. Incurred transport costs can be determined already when submitting an offer on the Platform. The buyer also pays the fee for preparing the documents required for the purchase. If additional services are ordered (e.g. assistance with registration, costs of new license plates, etc.) they also need to be paid for.
(4) After confirming the highest price offer, the Seller issues an invoice to the Buyer, which indicates the purchase price, transportation costs to the logistics center, the auction fee, the seller fee and the document preparation fee. VAT is applied depending on the Buyer's location:
(a) Buyer located in the Republic of Lithuania.
An invoice is issued to the buyer, whose registered office is in the Republic of Lithuania, indicating the total purchase price before taxes and statutory VAT.
(b) Buyers located in European Union countries
For Buyers located in EU countries, the net purchase price with 0% VAT is allowed only if the Buyer provides their valid international VAT payer code and other documents and information required for this purpose before the invoice is issued. After paying the purchase invoice, the Buyer receives a pick-up permit for the auctioned vehicle and can pick up the vehicle. The registration documents remain with the Seller until proof of the transport of the vehicle to another EU country outside the Republic of Lithuania (usually CMR) is provided. If the documents are complete and sufficient for tax calculation, the originals of the registration documents are immediately sent to the Buyer.
(c) Buyers located in non-EU countries (third countries)
Buyers based in third countries must properly complete the relevant transport declaration and, if requested, pay a deposit equal to the applicable statutory VAT. They will receive an invoice with a deposit equivalent to the applicable statutory VAT. After paying the purchase price, the Buyer receives a pick-up permit for the auctioned vehicle and can pick up the vehicle with registration documents. After transferring the vehicle to a country outside the EU, the buyer must provide Euroleasingauto with proof of export from the EU. This is primarily, but not limited to, the import certificate, properly completed CMR, proof of vehicle registration in the country of destination. The evidence is reviewed and if the documents are complete and sufficient for the tax charge, the VAT deposit amount is refunded. If all the evidence is not provided within 1 month, an invoice with valid VAT is issued and the VAT is paid to the tax office.
(5) The invoice for the purchase of a used vehicle must be paid within 2 working days of its receipt. If the Buyer does not pay within the above-mentioned period, the Seller has the right to terminate the purchase contract in accordance with § 3 (6).
§ 6 Liability of the platform operator
(1) Euroleasingauto is fully liable for intentional and gross negligence, but for slight negligence only in case of violation of essential contractual obligations. Liability for breach of such an essential contractual obligation is limited to damages inherent in the contract, which Euroleasingauto should have expected at the time of concluding the contract due to circumstances known at the time.
(2) The platform operator assumes no responsibility for any network failures or disruptions for which it is not responsible.
(3) Euroleasingauto assumes responsibility for data loss in accordance with the above subsections only if such loss would have been unavoidable, even if the User had taken appropriate backup measures.
(4) Euroleasingauto's responsibility does not include disruption of the use of the services provided on the Marketplace under the contract, caused by the User's improper or incorrect use.
(5) If there is a possibility that Users can be directed to third-party databases, websites, services, etc. through the Marketplace, for example by including links or hyperlinks, Euroleasingauto is also not responsible for the availability of such databases or services or their content, presence or safety. In particular, the Platform Operator assumes no responsibility for their legal adequacy, substantial correctness, completeness, timeliness, etc.
§ 7 Collection of the vehicle / Obligation to report the defect
(1) Used vehicles purchased by buyers will be delivered to logistics sites in Marijampole or Vilnius, Lithuania. If the Buyer collects the purchased vehicle himself, he must do so within 5 working days after receiving the pick-up authorization. In this case, before collecting the vehicle, the Buyer must inform the Seller who will come to collect the car, as well as the identification data of the vehicle carrier. The person collecting the vehicle must provide the following documents: (i) pick-up permit and (ii) identity document of the person collecting the vehicle. Euroleasingauto has the right to make copies for identification purposes.
(2) If the vehicle is not collected within the mentioned period, Euroleasingauto has the right to charge the Buyer EUR 10 ( in words: ten) per day until the vehicle is collected.
(3) Since this is a used vehicle sale, it is essentially purchased on an "as is" basis, i.e. the warranty does not apply, based on Article 6.350¹ of the Civil Code of the Republic of Lithuania. The buyer must inspect the vehicle at the time of acceptance to determine whether the vehicle matches the descriptions provided in the auction. Any deviations or defects that reduce the value of the vehicle must be properly reported to the seller within 48 hours. This must be recorded in the CMR consignment note or delivery document. If defects are not noted on the CMR consignment note or delivery document, they are not taken into account. If the defects of the vehicle could not be determined at the time of collection due to their nature - related to the performance of the vehicle's engine and gearbox, such defects must be reported within 7 working days by submitting the vehicle's expertise performed at an authorized service.
(4) Notifications of defects should be sent to Euroleasingauto at this e-mail address: [email protected].
(5) Defects that reduce the value to EUR 350 ( in words: three hundred and fifty) are considered insignificant and are not taken into account. The same applies to vehicles that have been picked up by the buyer and with which the buyer has driven more than 100 km ( in words: one hundred). In the case of selling an electric car, the Seller assumes no responsibility for the condition of the battery.
§ 8 Third-party content
(1) Users are prohibited from posting content (such as links or frames) to the marketplace that violates legal provisions, regulatory requirements, or public order. In addition, Users are prohibited from uploading any content that infringes the rights of third parties, in particular any copyright or trademark rights of third parties.
(2) The platform operator does not accept any third-party content as its own under any circumstances. The User guarantees to the Platform operator and other Platform Users that the goods and services offered by him in the context of auctions do not violate any copyrights, trademarks, patents or other intellectual property rights or commercial secrets.
(3) Euroleasingauto reserves the right to block third-party content if such content is considered an infringement under applicable law or is clearly intended to assist in the preparation of criminal acts.
(4) The User shall defend Euroleasingauto against all claims made by third parties against Euroleasingauto for violation of their rights or violation of the law arising from offers uploaded by Users and/or content for which the User is responsible. The user shall also bear the costs of Euroleasingauto's legal defense in this regard, including all court fees and attorney's fees.
§ 9 Other obligations of the user
(1) The user has an obligation
(a) establish and maintain the necessary data security measures throughout the term of the contract. The above means, first and foremost, careful and fair management of logins and passwords;
(b) immediately notify Euroleasingauto of any technical changes occurring in its domain, if such changes may adversely affect the provision of Euroleasingauto's services or the security of its Marketplace;
(c) assist in the investigation of third-party attacks on the Marketplace, to the extent such User assistance is required;
(2) The user undertakes to refrain from any actions that would endanger the functionality of the Marketplace or disrupt its functionality and will not access any data to which he is not entitled. In addition, the User must ensure that the information he transmits through the Marketplace and the data he uploads to the Marketplace do not contain viruses, worms or Trojan horses. The User undertakes to indemnify Euroleasingauto against all losses arising from any failure to comply with these obligations, to the extent that it is liable, and further to indemnify Euroleasingauto against all third-party claims, including legal and court costs, incurred by Euroleasingauto as a result of the User's failure to comply compensation for these duties.
§ 10 Data processing and confidentiality maintenance by Euroleasingauto; Protection of secrets
(1) Euroleasingauto's servers are protected according to current technological advances, in particular, they are protected by firewalls; however, the User is aware that all Users are at risk that data transmitted over public networks may be intercepted. The above does not apply only to the exchange of information by e-mail. by mail, but also for integrated information systems and all other data transmission. Therefore, Euroleasingauto cannot guarantee the confidentiality of the data transmitted when the User uses the Marketplace.
(2) The User agrees that Euroleasingauto will store non-personal data and information about the progress of auctions in an anonymous format, as well as the User's actions during such operations, and that Euroleasingauto will be allowed to use such data in an anonymous format for marketing purposes, e.g. for preparing statistics and presentations.
(3) Euroleasingauto is authorized to process and store non-personal data received from the User in connection with this business relationship throughout the validity period of this Agreement. Specifically, the User gives consent as follows:
(a) Euroleasingauto may store and process the Company's data and invoice data submitted during the application for acceptance and relevant updates provided by the User;
(b) Euroleasingauto can store the data uploaded by the User himself due to the User's desired representation of the Company in the administered area of the platform;
(c) Euroleasingauto may store non-personal data about the substance of the transactions and transfer them to other Users and, if the relevant User so requests when choosing a public transaction, store the information so that it can be downloaded by other registered and unregistered Users who have access to the public areas of the marketplace.
(4) In all other respects, Euroleasingauto will treat all User-related data that the User has designated as confidential and use such data only in accordance with these terms and conditions. Euroleasingauto reserves the right to deviate from this rule if, based on legal or regulatory requirements, Euroleasingauto is required to disclose User data.
(5) Personal data is considered in Euroleasingauto's data protection policy [ link ] .
§ 11 Assignment and set-off
(1) User rights under the contract with Euroleasingauto cannot be fully or partially transferred to third parties.
(2) Set-off against Euroleasingauto is permitted only if the counterclaims have been legally determined by a decision or court order or are undisputed, unless the counterclaim and the set-off claim are synalgically related.
§ 12 Final Provisions
(1) The relations of the parties are regulated by the law of the Republic of Lithuania, but the UN Convention on International Sale and Purchase of Goods does not apply. The jurisdiction and place of all legal disputes belong to the courts of the Republic of Lithuania. In addition, Euroleasingauto has the right to bring an action in the place of general jurisdiction of the User.
(2) In the event that individual terms of these General Terms and Conditions become invalid or invalid or contradict the requirements of the law, this does not affect the validity of the remaining terms. The parties, by common agreement, replace the invalid clause with such a valid clause, which is legally the closest to the economic purpose of the invalid clause. In case of gaps in the contract, applies mutatis mutandis principle with the necessary modifications.