Autoplius.lt Terms of Use:


AUTOPLIUS.LT SPECIAL TERMS FOR SELLERS

 

These Autoplius.lt Special Terms (hereinafter – the Special Terms) establish the terms and procedure for using the website Autoplius.lt (hereinafter – the Website) and, together with the General Terms of Use (the General Terms) and other documents referred to therein, constitute the Agreement on the Services provided on the Website.

By using the Website and the Services provided on it, you confirm that you have read the terms of the Agreement, agree to them and undertake to comply with them. If you do not agree to comply with the terms of the Agreement, you may not use the Services provided on the Website.

Capitalised terms used but not defined in these Special Terms have the same meaning as in the General Terms.

These Special Terms are intended for those who use the Website and the Services in order to publish information on the Website, offer their goods or services, and for related purposes. If you wish to browse the Website, obtain information, submit feedback and/or purchase the goods or services offered on the Website, a separate set of rules applies to you – the Buyers’ Rules.

 

1.          The Website

1.1.     On the Website, sellers of vehicles and their representatives, as well as providers of transport-related services, may publish listings (hereinafter – Listings) with information about the cars, motorcycles, agricultural machinery, other vehicles, their parts or related services on offer (hereinafter collectively – Goods and Services), while those seeking to purchase them may read the published information and contact the authors of the Listings. We refer to these and other services we provide on the Website as the “Services”.

1.2.     For convenience, in these Special Terms we will refer to the users of the Website who publish Listings, i.e. you, as “Sellers”, and to those seeking to browse the Website, obtain information, submit feedback and/or purchase the goods or services offered on the Website as “Buyers”.

1.3.     Contracts for the purchase of Goods and Services or distance selling contracts cannot be concluded on the Website. You and the Buyer may conclude such contracts directly, without our involvement.

 

2.          Sellers

2.1.     Listings are published, and Goods and Services are offered, by Sellers. There are the following types of Sellers:

2.1.1. private sellers – Sellers who offer Goods and Services for purposes other than business or profession;

2.1.2. business sellers (hereinafter also referred to as “Business Sellers”) – Sellers who offer Goods and Services for purposes related to their trade, business, craft or profession.

2.2.     When registering on the Website, you must choose which type of Seller you are; however, we may, at our discretion, change this both during your registration and later. 

2.3.     Some Services are intended only for certain types of Sellers and are not offered or sold to others. We will indicate such information in the descriptions of the Services on the Website. 

 

3.          Our role

3.1.     The Services we provide consist of the publication of information, including data products. We are not the owner, seller or buyer of the Goods and Services offered in the Listings.

3.2.     We do not participate in transactions concerning the Goods and Services specified in the Listings and are not your or the Buyer’s representative, agent or intermediary.

3.3.     To the maximum extent permitted by law, and unless expressly stated otherwise in the Agreement, we:

3.3.1. are not responsible for the content of Listings, including descriptions of Goods and Services, advertising and other information provided;

3.3.2. are not responsible for whether, and on what terms, the Buyer will conclude and perform a contract for Goods and Services with you;

3.3.3. do not guarantee the reliability or solvency of the Buyer;

3.3.4. are not liable for any damage arising from the circumstances referred to in this article.

3.4.     When publishing Listings and otherwise using the Services, you act independently, at your own risk, and are solely responsible for all consequences and obligations arising from your conduct and use of the Website.

3.5.     No publication of information on the Website shall be deemed an offer by us to enter into a transaction.

3.6.     Nothing in the Agreement shall be construed as restricting or limiting your rights as a consumer, including the right to compensation for damage, granted to you by applicable law.

 

4.          Paid Services

4.1.     Some of the Services are provided for a fee (hereinafter – Paid Services). Hereinafter, references to the “Services” will include all Services, including Paid Services, while references to “Paid Services” will include only those Services that we provide for a fee.

4.2.     You may order Paid Services using the functionality of the Website or by concluding a separate Paid Service order document with us (hereinafter – the Order).

4.3.     If you order a Paid Service using the functionality of the Website, the price of the Paid Service, the ordering and payment procedure and other terms of provision are set out in these Special Terms and in the description of the Paid Service on the Website, which is deemed an annex to these Special Terms. The current price list of Paid Services is available here.

4.4.     If you order a Paid Service by concluding an Order with us, the price of such Paid Service, the ordering and payment procedure and other terms of provision set out on the Website, as well as the other documents of the Agreement, apply to the extent that they do not conflict with the Order. The Order is deemed an annex to these Special Terms, and in the event of contradictions or discrepancies between the Order and other documents of the Agreement, the Order shall prevail.

4.5.     If you order a Paid Service using the functionality of the Website, the Agreement on such Paid Service is deemed concluded from the moment of payment for it. If you order a Paid Service by concluding an Order with us, the Agreement on such Paid Service is deemed concluded, and your obligation to pay for the ordered Paid Service arises, from the moment the last signing party signs the Order, unless stated otherwise therein.

4.6.     If you choose a Paid Service for a specific period (e.g. 30 days, 60 days, etc.), you undertake to use it for no less than the full validity period of the Paid Service (hereinafter – the Minimum Period). If you deactivate the Listing, or if the display of the Listing is suspended through your fault, the period during which the Listing is not displayed is counted towards the Minimum Period, and the Minimum Period is not postponed or extended by the period during which the Listing was not publicly displayed on the Website.

4.7.     If, before the end of the Minimum Period, you remove the Listing, deactivate it, terminate the Agreement or otherwise cease to use the ordered Paid Service (including cases where the Goods and Services advertised in the Listing have been sold), or if we restrict or terminate the provision of the Paid Service on the grounds set out in the Agreement (e.g. because you breach the Agreement), the money paid for the Paid Service for the unused Minimum Period is not refunded to you and is not credited towards payment for another Service. If you have not yet paid us for such Paid Service, you must pay us compensation equal to the price you would have paid had you used the Paid Service for the entire Minimum Period.

4.8.     Unless stated otherwise next to a specific Paid Service, one order of a Paid Service entitles you to place one Listing. If you have applied (or intend to apply) a Paid Service to another Listing (e.g. to a vehicle other than the original vehicle), we have the right, upon prior notice to you, to remove such Listing or to require payment for it as for a newly published Listing. Such a Listing will only be displayed once it has been duly paid for. If you refuse to pay, the Listing is removed.

4.9.     You may also pay for Paid Services with our virtual credits – “Pliusai”. You can purchase them using the methods indicated in the “Top Up Account” section of your account. Pliusai obtained by other means are invalid, and we have the right to cancel them and to claim compensation for any damage incurred as a result. More detailed information about Pliusai can be found in the Website section “Frequently Asked Questions”.

 

5.          Listings

5.1.     You are responsible for the content of your Listing, so make sure it complies with the requirements of the Agreement, including the Community Rules. Listings must also meet the following requirements:

5.1.1. publish Listings in the thematic sections corresponding to their content (e.g. “Car” or “Motorcycle”);

5.1.2. describe only one Good and Service in a single Listing, not several;

5.1.3. publish the same Good and Service in only one category;

5.1.4. do not change the Good or Service presented in the Listing;

5.1.5. only advertise Goods and Services in respect of which you actually intend to enter into a transaction on the terms specified in the Listing;

5.1.6. indicate in the Listing only one total price that corresponds to the real value of the Good and Service;

5.1.7. do not include in the Listing’s photos any additional or unrelated images, inscriptions, persons or other depictions, data or information, including personal data – only a photo of the item itself and, if you wish, your company logo;

5.1.8. if you publish a copy of the registration certificate or other documents in the Listing, hide all personal data that could identify a person (e.g. name, surname, personal identification number, address, etc.);

5.1.9. do not publish Listings expressing a wish to buy or offering only an exchange service, except in the listing categories specifically intended for that purpose (e.g. Car Buying, etc.);

5.1.10.      do not write the Listing text in capital letters or coloured letters;

5.1.11.      do not publish meaningless Listings or Listings containing meaningless sequences of characters and/or words;

5.1.12.      indicate the city where the item is located; do not mislead visitors by indicating a different city;

5.1.13.      do not publish Listings that mention third parties competing with us directly or indirectly, or their goods and/or services.

5.2.     In each Listing you must provide complete, correct and comprehensive information, compliant with legal requirements, about yourself and the Good and Service offered, including the fact that you are a Business Seller rather than a private seller.

5.3.     In Listings, we will indicate whether the Listing was published by a Business Seller or a private Seller. 

5.4.     Please note that 24 hours after the Listing has been submitted, you will no longer be able to change the make and model of the vehicle.

5.5.     If you provide the vehicle’s VIN code, we will endeavour to fill in the vehicle information required for the Listing automatically. For this purpose, we have the right to transfer the VIN and other data you provide (including personal data) to third parties, to request information from third parties, to combine the data received from you with data we hold and/or data received from third parties, to store and process the data, to transfer it to Buyers and to publish it publicly on the Website. Please note, however, that such automatically completed information may be incorrect, so be sure to check it. Remember that you are responsible for the content of the Listing (see clause 5.1 for details). To the maximum extent permitted by law, you release us from any liability related to the information provided in the Listing. To learn how we process your personal data, please see our Privacy Policy.

5.6.     By publishing a Listing, you confirm and warrant, both to us and to Buyers, that all information provided in the Listing is complete, accurate and correct, complies with the requirements of the Agreement and does not violate legal requirements or the rights of any persons.

5.7.     When a Good and Service ceases to be offered to Buyers, e.g. when it is sold or is no longer offered for other reasons, immediately remove or deactivate such Listing. Please note that once you remove (delete) a Listing, the information about the Good and Service published in the Listing remains in our archive and we have the right to use it in our products for an unlimited period.

5.8.     A Business Seller’s listing activation is valid until the end of the current calendar month, and a Listing activated in the current month may be shown and hidden an unlimited number of times until the end of that month. However, if you resume the display of a Listing that was published in the previous month, this is considered a new activation.

 

6.          Additional information and services

6.1.     Other information and advertising of ours and/or of third parties, which may include information of your competitors, may also be published on the Website.

6.2.     We may also publish your Listing on another website operated by us – skelbiu.lt. In such case, the terms and rules of that website apply.

6.3.     Alongside the Services, we provide other services and information on the Website which, in our opinion, meaningfully supplement and improve the Services, e.g. information on price trends of similar cars, car valuation, comparison with other cars for sale, reviews of similar cars, information about vehicle defects, other visitors’ reviews of the Seller, etc.

6.4.     Please note that this information usually depends on the content of the Listing (e.g. the information about the vehicle provided in the Listing) and we provide it for informational purposes only. We are not responsible for the accuracy of such information, its compliance with legal requirements, or for it not infringing the rights of third parties. To the maximum extent permitted by law, you release us from any liability related to such additional services and information.

6.5.     Some of the information and additional services provided on the Website may be provided at the request of third parties and for a fee. We clearly mark such information with the label “Advertisement”, “Sponsor” or similar.

6.6.     We have the right to change the additional services and information at any time at our discretion, to discontinue their publication or to publish new information.

 

7.          Internal messaging (“chat”)

7.1.     The Website may offer the option to use internal chat functionality (“chat”). These functions are intended for direct communication between you and the Buyer. Use them only to discuss information related to the Listing. It is prohibited to use them for advertising, unlawful content, direct marketing or junk messages (“spam”) or for messages unrelated to the direct purpose of the Website.

7.2.     You are solely responsible for the information sent in a chat and must ensure that the content sent complies with the content requirements set out in the Community Rules and elsewhere in the Agreement. Chat content will be considered content subject to the content provisions.

7.3.     We have the right to store, analyse and/or review the content of chats and correspondence to the extent necessary to provide the Services and ensure their security, to comply with legal requirements, to handle complaints or disputes, and to prevent fraud, harassment or misuse. We have the right to restrict or revoke your access to chats if we identify abuse or a breach of the Agreement.

7.4.     Personal data that you provide in chats is processed in accordance with our Privacy Policy.

 

8.          Reviews

If you are a Business Seller, you may use the functionality of the Website to invite your customers (buyers) to leave a review about you. We will not verify and do not guarantee the authenticity and accuracy of reviews – that is your responsibility. You must ensure that reviews are submitted only by Buyers who have purchased your Goods and Services, and that the reviews themselves are truthful, objective and comply with the Community Rules. We have the right to delete reviews.

 

9.          Vehicle History (Autoistorija)

9.1.     Using the functionality of the Website, you may purchase a vehicle history report. In such case, the report will be published in the Listing. To receive the history report, Buyers will have to provide you with their contact details. You undertake to use these details only to contact the Buyer regarding the sale of the specific vehicle, and only for as long as strictly necessary.

9.2.     In order to provide this Service, we have the right to transfer the data you provide (e.g. VIN, including personal data) to third parties, request information from third parties, combine the data received from you with data we hold and/or data received from third parties, store and process the data, transfer it to Buyers and publish it publicly on the Website. To learn how we process your personal data, please see our Privacy Policy.

9.3.     We have the right to use the information referred to in clause 9.2 of the Special Terms and to publish reports on another website operated by us, Autoistorija.lt. We may do so even after the Listing and the Agreement have ended. The services of Autoistorija.lt are subject to the separate rules and terms of that website, which we invite you to read.

 

10.       Recommendations and ranking

10.1.   The Website uses recommendation and ranking systems that determine the order in which Listings, Sellers or other information (including search results) are displayed to Buyers. The purpose of these systems is to present more relevant content based on the filters selected by the Buyer, search phrases and browsing context.

10.2.   On the Website’s home page:

10.2.1.       in the “Deals of the Day” section, we display 36 randomly selected Listings published that day, which change each time a visitor visits or refreshes this page of the Website; all “Deals of the Day” can be found by clicking the link “All deals of the day”;

10.2.2.      in the “Most Popular” section, we display the Listings that have been viewed the most that day;

10.2.3.      in the sections “New Cars”, “Newest”, “Most Expensive”, etc., we display Listings corresponding to their titles and meaning.

10.3.   When sorting Listing search results, we rely on the following principles and parameters:

10.3.1.      “Stars”. You may purchase “Stars” for each of your Listings. Listings with a higher number of “Stars” are displayed higher in search results, and this fact is clearly indicated next to the Listing title. The order of Listings with the same number of “Stars” is determined by the validity period of the “Stars”;

10.3.2.      Organic ranking. The ranking criterion for Listings without “stars” (e.g. “Cheapest first”, “Most expensive first”, “Newest first”, “Recently updated first”) is indicated at the top left of the Listing search results list and depends on the parameters selected by the Buyer and the characteristics of the Listings.

10.3.3.      The results of a visitor’s saved searches are displayed higher.

10.3.4.      PREMIUM Update. The Listing is given the status of a new listing, subscribers receive a notification about the new listing, “saves” are counted anew, the additional services ordered remain, the Listing’s view history remains, and the price change indication disappears.

 

10.4.   VIP Listing. The Seller may purchase an additional Listing “highlighting” service – in that case, the background of the Listing will be highlighted in search results and four photos will be displayed.

10.5.   Each registered visitor of the Website may mark selected Listings and add them to their list of saved Listings (i.e. “save” them). Each time a visitor does so, the Listing receives one “heart”, which is displayed on the Listing page. The number next to the “heart” shows how many registered visitors of the Website currently have that Listing on their list (have “saved” it). 

10.6.   We also provide Buyers with a list of the most popular Listing searches on the Website.

10.7.   The main parameters of the recommendation and ranking system and their relative importance:

10.7.1.      the Buyer’s query and filters (high impact): keywords, categories, filters for price/number of rooms/area/other attributes, location and distance;

10.7.2.      the Listing’s match and relevance (high impact): the Listing’s compatibility with the query submitted by the Buyer (e.g. title, description, attributes);

10.7.3.      the Listing’s quality and completeness (high impact): clear photos, completed fields, accurate location, level of detail of the description;

10.7.4.      the Listing’s recency and activity (medium impact): the date the Listing was uploaded and/or updated;

10.7.5.      the location of the real estate property specified in the Listing (medium impact): the proximity of the property to the locations selected by the Buyer;

10.7.6.      interaction and preferences (low or medium impact): the Buyer’s previous views, saves and clicks.

10.8.   The Buyer can manage search parameters in the following ways:

10.8.1.      set or change filters (e.g. “Model”, “Price”, “Fuel type”);

10.8.2.      set or change sorting (e.g. “Cheapest first”)

10.8.3.      manage saved searches and alerts.

10.9.   The Buyer may opt out of personalised recommendations and ranking at any time. In such case, results will be presented to them on a neutral basis (e.g. by query match and/or chronology), using only contextual parameters (filters entered by the Buyer, search phrases, selected location), but not the Buyer’s profile history.

10.10.    We have the right to award ratings to Business Sellers: “Platinum Client”, “Gold Client”, “Silver Client”, etc. We may publish these ratings in the Business Seller’s Listings and on their profile page. We may award, change or revoke ratings at our discretion; however, in doing so we will rely on the following principles:

10.10.1.   all ratings are generally subject to the following common requirements: the Business Seller (i) is our client; (ii) does not owe us money; (iii) has confirmed their identity; (iv) is an open partner (i.e. has identified themselves as a business person / business); (v) to our knowledge, has not committed a breach of the Agreement);

10.10.2.   the “Platinum Client” rating is usually awarded to a Business Seller who, in addition to the common requirements, also meets a special one – they have been our client for at least 10 years;

10.10.3.   the “Gold Client” rating is usually awarded to a Business Seller who, in addition to the common requirements, also meets a special one – they have been our client for at least 5 years;

10.10.4.   the “Silver Client” rating is usually awarded to a Business Seller who, in addition to the common requirements, also meets a special one – they have been our client for at least 2 years.

Nevertheless, please note that these criteria may change.

10.11.    We may mark Listings with various labels: “VIN”, “Warranty”, “Verified History”, “Updated”, “Reserved”, etc. These labels correspond to their meaning.

10.12.    Where the display of search results is influenced by paid advertising, sponsorship or commercial agreements, such entries are clearly separated and labelled (e.g. “Advertisement”, “Sponsor”, “TOP”). Paid entries do not alter the logic of organic results – they are displayed in designated places according to commercial arrangements.

10.13.    Additional information about the recommendation and ranking of Listings may be provided on the Website.

10.14.    If, in your opinion, the recommendation and ranking results are presented incorrectly or in a discriminatory manner, you may submit a complaint in accordance with the procedure set out in the General Terms. We will provide a clear explanation of the general parameters applied and, where possible, suggest how to adjust the settings to obtain the desired search result.

10.15.    We have the right to improve the recommendation and ranking system (e.g. add new filters or parameters, remove them or change their weights). We will clearly describe material changes in the Agreement and, where necessary, inform you of them in advance.

 

11.       Virtual Number

11.1.   We may offer and provide you with a virtual telephone number (hereinafter – the Virtual Number), which will be displayed in the Listing instead of the telephone number you provided, and the latter will not be displayed in the Listing. A call made by a person to the Virtual Number indicated in the Listing will be forwarded to the telephone number you have specified. You agree that we may, at our discretion, replace the number provided by the Client with a Virtual Number in Listings of our choice or in all Listings.

11.2.   More detailed information on the processing of personal data when providing the Virtual Number is set out in our Privacy Policy.

 

12.       Withdrawal from the Agreement

12.1.   This Section 12 of the Special Terms applies only if you are a natural person and purchase the Services for consumption purposes (i.e. for purposes unrelated to your business, trade, craft or profession).

12.2.   By ordering the Services, you request that their provision begin immediately and agree that:

12.2.1.      we will start providing the Services to you immediately after you place the order, i.e. before the expiry of the withdrawal period for distance contracts provided for by law;

12.2.2.      in respect of each specific order, the Services will be deemed fully provided to you immediately, and you undertake to pay the full price of the Services if you have not already paid it in advance;

12.2.3.      once the Additional Services have been fully provided to you, you will lose the right to withdraw from the distance contract.

12.3.   Your request is deemed to have been submitted on a durable medium.

 

13.       Term of the Agreement

13.1.   The Agreement enters into force from the moment you start using the Website or the Services, e.g. begin browsing the Website or register, and remains in force indefinitely until it is terminated in accordance with the rules set out in this section.

13.2.   Please note that upon expiry of the Agreement, the provisions of clauses 4.6 and 4.7 of these Special Terms regarding the Minimum Period also apply.

 

14.       Amendment of the Agreement

14.1.   We may amend these Special Terms. Amendments enter into force after they are published in any form on the Website or after you are otherwise notified (e.g. by email). If you continue to use the Website or the Services after the amendments are published, you are deemed to have agreed to them. If you do not agree to the amendments, notify us. In that case, we will be deemed to have terminated the Agreement in accordance with clause 13.4 of the General Terms, 30 days after the date of receipt of such notice, without separate notice of termination of the Agreement. You may delete your Account and thereby terminate the Agreement with us, as set out in clause 13.2 of the General Terms, without waiting for the end of this period.

14.2.   We will endeavour to give notice of material changes no later than 15 days before they enter into force. If the changes require technical or security measures, we may apply a shorter period, providing an explanation.