TERMS AND CONDITIONS
TRADERCARS PLATFORM
Last update: 2024 03 18
1.
GENERAL
PROVISIONS
1.1.
These
Terms and Conditions of Tradercars Platform describe the terms and conditions
of use of Tradercars Platform where a registered user can put used motor
vehicles for auction and buy used motor vehicles on the auction, administered
by Exleasingcar.
1.2.
The
following capitalized terms used herein shall have the following meanings:
1.2.1.
“Auction Fee” means all and any fees
payable by the Seller in case the Vehicle placed by the Seller is successfully
sold at the Auction. The amount of the Auction Fee is set out in clause 4.6 of these T&C.
1.2.2.
“Auction(s)” mean(s) the electronic Vehicle
auction(s) held on the Platform which is/are only available to registered Users
of the Platform.
1.2.3.
“Confirmation” means a written confirmation
sent by Exleasingcar to the Buyer after the Buyer has been declared as a winner
of the Auction, confirming the Buyer’s right and obligation to buy the Vehicle
and pay for it, specifying the total amount payable by the Buyer (the price of
the Vehicle along with additional fees, if any). The proforma invoices (for the
Price of Vehicle and VAT deposit) shall be submitted to the Buyer along with
the Confirmation.
1.2.4.
“Exleasingcar” means Exleasingcar UAB, legal
entity code 302837280, address Parodų st. 2, LT-04133, Vilnius, Lithuania, who administers
the Platform.
1.2.5.
“Form” means a form provided on the Platform in which the
Seller provides all the data identifying the Vehicle to be listed on the
Auction, the Target Price, uploads photos of the Vehicle and provides all and
any other required and relevant information.
1.2.6.
“Parking Lot”
means the parking lot administered by Exleasingcar’s partner UAB “AV terminal”,
company code 300586356, located at Ezerelio st. 13, Alesninku village., Vievio municipality,
LT-21364 Elektrenai, Lithuania, to which the Seller delivers the Vehicle sold at the Auction and from
which the Buyer collects the purchased Vehicle.
1.2.7.
“Parties” mean Exleasingcar and the User
collectively. Party means Exleasingcar or the User individually.
1.2.8.
“Platform” means the Tradercars Platform
where a registered User can put Vehicles for Auction(s) and buy Vehicles sold
on the Auction(s), administered by Exleasingcar and available at https://www.tradercars.eu/.
1.2.9.
“Buyer” means a legal entity that meets the criteria
specified in clauses 2.1, 2.2, 2.3, 2.4 of these T&C
and that participates in the Auctions organized on the Platform with the aim of
acquiring the Vehicle(s).
1.2.10.
“Seller” means an entity that satisfies the criteria outlined
in clauses 2.1, 2.2, 2.3, and 2.4 of these T&C
and that utilizes the Platform to sell Vehicles belonging to it through the
Auctions organized on the Platform.
1.2.11.
“Target Price” means the minimal price indicated
by the Seller at which the Vehicle can be sold in the Auction. The Seller
designates the Target Price on the Form when submitting the Vehicle to be
listed on the Auction.
1.2.12.
“T&C” means these Terms and Conditions describing
the use of the Platform with all their amendments, modifications and annexes.
1.2.13.
“User” means Seller or Buyer that: (a) satisfies the
criteria outlined in clauses 2.1, 2.2, 2.3, 2.4 of these T&C; (b)
is registered on the Platform or signed the T&C; (c) and can access and view
the information about Vehicles sold in the Auctions, submit Vehicles for the Auctions
or buy Vehicles in the Auctions. The Seller and the Buyer are collectively
referred to as the Users. The User may be both a Buyer and a Seller (in respect
of different Vehicle transactions).
1.2.14.
“Vehicle” means the used motor vehicle submitted for
Auction organized on the Platform by the Seller.
1.3.
The
T&C must be followed by every registered User, representative of the User
or User’s employee assigned to the User’s account. Any individual creating an account
on behalf of the User will be considered the authorized representative of the
User who has the right to sell and/or purchase Vehicles. Acceptance of the
T&C by this representative will be regarded as acceptance by the User
themselves. However, Exleasingcar will not verify the authorization of such
representatives.
1.4.
In
addition to these T&C, the provisions of the laws of the Republic of
Lithuania, the Privacy Policy available at the Platform, and the provisions of
the additional agreements concluded by and between the User and Exleasingcar,
if any, apply to the regulation of the relationship between the User and Exleasingcar.
1.5.
If
any provision of these T&C is contrary to the law or becomes invalid in
whole or in part for any reason, it shall not invalidate the remaining
provisions of the T&C. Such provision will be separated from the remaining T&C,
which will then continue in full force and will be implemented to the fullest
extent permitted by law.
1.6.
Using
the Platform within the meaning of these T&C includes performing all and
any actions when the User connects to the Platform using an Internet
connection.
1.7.
By
accessing and using the Platform, the User acknowledges having read,
understood, and agreed to these T&C. The User is bound by these T&C and
commits to adhere to them. If the User disagrees with any part of the T&C
or fails to understand them, they are not permitted to use the Platform and,
consequently, cannot participate in the Auctions.
2. USER’s REGISTRATION ON THE PLATFORM
2.1.
The
use of the Platform is limited to business-to-business (B2B) sales only. Furthermore,
the Vehicles for sale at the Auctions may only be submitted by Users located in
the Baltic States (Lithuania, Latvia and Estonia). All Users, irrespective of
their location, are permitted to participate in the Auction as Buyers and buy Vehicles
sold herein.
2.2.
In
order to be able to buy and/or sell Vehicles in the Auctions held on the
Platform, the User is required to register and establish an account.
2.3. As part of the registration process,
Users must complete the provided registration form on the Platform. This form
necessitates the provision of vital information, including the company name,
registration code, VAT code, address, and other pertinent contact details.
Additionally, Users are required to generate a secure password for their login
credentials. The responsibility for maintaining the security and
confidentiality of this password rests solely with the User.
2.4.
By
registering on the Platform, the User confirms that:
2.4.1.
all provided information is true, accurate and up to
date;
2.4.2.
User is acting purely in a business capacity in its
use of the Platform and sale and/or purchase of Vehicles and not for personal
use;
2.4.3.
he has the right, authority and ability to agree to
these T&C on behalf of the User; he is familiar with these T&C, agrees
with them and undertakes to comply with them;
2.4.4.
User undertakes to use the Platform in a manner that
does not interfere with the proper functioning, security and integrity of the
Platform and does not interfere with the use of the Platform by others;
2.4.5.
The User agrees to promptly inform Exleasingcar of any
updates to their registration details or if any previously provided
confirmations, in accordance with these Terms and Conditions or other
documents, become inaccurate due to changes in circumstances. This notification
should be made by contacting Exleasingcar by e-mail info@tradercars.eu.
2.5.
Exleasingcar shall verify the information/documents
provided by each person wishing to access the Platform and shall have the right
to ask further questions or request additional documents. Although Exleasingcar verifies the information/documents
submitted to it, the entire responsibility for the accuracy and correctness of
the information submitted rests with the person who submitted it.
2.6.
Issues
related to the collection, accumulation, systematization, use and processing of
the User’s personal data are governed by the Privacy Policy available on the Platform, which is
an integral part of these T&C.
2.7.
After
accepting the T&C and the Privacy Policy and submitting all the data/documents
required for registration and Exleasingcar’s validation of the registration, the User receives a confirmation
of successful registration to the e-mail address provided to Exleasingcar.
2.8.
To
clarify, the same User may act as both the Seller and the Buyer. In such cases,
the appropriate terms applicable to that entity for any specific transaction
will be determined by its role in that particular transaction, whether it is
acting as a Buyer or a Seller of the Vehicle.
2.9.
Registration
on the Platform is free of charge.
2.10.
The
User, having received the Platform login data, shall not, without Exleasingcar‘s written consent, disclose and/or
transfer them to other persons. Whether lost or suspecting that third parties
may have gained access to the User’s login information for the Platform, the
User must promptly inform Exleasingcar about it.
2.11.
If
the User submits incorrect, incomplete, or inaccurate data, or fails to inform
Exleasingcar about any changes to the provided information, Exleasingcar
reserves the right to take immediate action without prior notice to the User.
Such actions may include any or all of the following: (a) refusing to register
the User on the Platform; (b) canceling the User’s registration on the
Platform; (c) restricting or suspending the User’s ability to use the Platform.
In the event of cancellation of a User’s registration, the rules outlined in the
Chapter 9 of these T&C shall apply.
2.12.
In
all cases, Exleasingcar retains the discretion to reject any User’s
registration to access the Platform at its sole discretion.
3. SUBMISSION OF THE VEHICLE FOR THE
AUCTION
3.1.
To
initiate the submission of a Vehicle to the Auction, the Seller must complete
the Form provided on the Platform. In this Form, the Seller must provide the
requested information about the Vehicle and the Target Price.
3.2.
By
completing and submitting the Form, the Seller hereby confirms that:
3.2.1.
the Vehicle belongs to him as the owner; third parties
have no rights or claims in respect of the Vehicle, the Vehicle is not seized
and is not the subject of a legal dispute, the right to dispose it has not been
withdrawn or restricted;
3.2.2.
it has furnished comprehensive and accurate details
concerning the Vehicle, indicated the exact mileage of the car (with a note in
case the Vehicle is still in use and the mileage might undergo slight changes),
declared all accidents in which the Vehicle has been involved and all known
defects of the Vehicle, provided photographs of the Vehicle are current, and
photographs accurately depict all visually apparent defects of the Vehicle;
3.2.3.
the Vehicle has not been listed in a public auction
within the past six (6) months prior to submitting to the Auction on the
Platform;
3.2.4.
assumes full responsibility for the Vehicle, i.e. undertakes
to indemnify Exleasingcar against any losses and expenses in connection with
claims by Exleasingcar or Buyer in respect of the quality of the Vehicle,
non-delivery on time and any other claims relating to the Vehicle;
3.2.5.
after the Auction has ended and the winning bidder –
the winner of the Auction (Buyer) has been announced, undertakes to carry out
all the steps necessary to formalize and complete the sale of the Vehicle.
3.3.
The
Seller explicitly acknowledges, comprehends, and willingly accepts that:
3.3.3.
it shall be fully liable for all losses incurred by
Exleasingcar in indemnifying the Buyer for damages resulting from any failure
of the Vehicle to conform to the stated description, defects, malfunctioning or
other losses relating to the Vehicle;
3.3.4.
in all cases, Exleasingcar retains the discretion to
refuse to submit to the Auction any Seller’s Vehicle without giving reasons for
such refusal;
3.3.5.
upon submitting the Vehicle to the Auction, the Seller
agrees that Exleasingcar will create an advertisement for the Vehicle intended
to be sold at the Auction. Exleasingcar will advertise the Vehicle at its sole
discretion and conduct the Auction in accordance with the rules outlined in
these T&C and further detailed on the Platform.
3.4.
The
Vehicle cannot be sold at the Auction for a price lower than the Target Price without
the Seller’s consent. In the event that a sale is not attained, the Seller has
the option to resubmit the Vehicle to the Auction, either at a reduced Target
Price or to withdraw the Vehicle from the Auction completely. If the reduced Target
Price is not offered by the Seller, Exleasingcar retains the right to withdraw
the Vehicle entirely.
3.5.
Once
a Seller has submitted the Vehicle for sale, it can only be withdrawn by the
Seller before the Auction is announced. If the Seller wants to withdraw the
Vehicle after the Auction of the Vehicle has already been announced, the Seller
shall pay Exleasingcar a fine equal to 20 (twenty) percent of the highest bid
at the moment of the withdrawal.
4. AUCTION
4.1.
The
Platform hosts several types of Auctions:
4.1.1.
Closed Auctions
where the Buyer bids at a price of his choice and cannot see the bids of other Buyers
participating in the Auction. The Buyer is allowed to raise their bid amount
until the Auction concludes but cannot lower or retract their bid once placed.
4.1.2.
Open Auctions
where the Buyer participates by indicating his price which is visible to all Buyers
participating in the Auction. Should another Buyer place a higher bid, the
Buyer has the option to elevate their bid to a value exceeding that of the
previous Buyer, with the minimum bid increment set at 100 Eur. The Buyer is not
permitted to lower or retract their submitted bid.
4.2. The Auction ends at the specified
time. The Auction end time may be extended in case it is clearly indicated in
the description of the Auction.
4.3.
All
information about the specific Auction (time, the rules on submission of bids,
the adjustment of bids, and other special rules) shall be published on the
Platform.
4.4.
Auctions
are conducted at the times specified on the Platform.
4.5.
Participation
in the Auction is free of charge. Auction Fees are payable only by the Seller
in case the Vehicle placed by the Seller is sold at the Auction.
4.6.
The
Auction Fee is 319
Eur.
4.7.
In
the ongoing Auction, all Buyers registered as User of the Platform can
participate and place bids.
4.8.
The
Buyer participating in the Auction confirms that he knows, understands and
accepts that:
4.8.1.
Vehicles on the Action are not new and may have been
used for various purposes, including without limitation commercial purposes in
various situations;
4.8.2.
Vehicles for sale are not covered by a warranty and
the Buyer has only a strictly limited period to make claims regarding the
Vehicle;
4.8.3.
the Auction announcement shall only contain the
details of the Vehicle that Exleasingcar receives from the Seller. Exleasingcar
does not check the correctness of these data and the technical condition of the
Vehicle and does not control and assess the Vehicle, consequently, in this
regard, it does not bear any responsibility that may arise due to incomplete or
inaccurate Vehicle data;
4.8.4.
at the time of the Auction, the Seller is the owner of
the Vehicle. When the winner of the Auction is declared, Exleasingcar shall
purchase the Vehicle from the Seller and resell it to the Buyer. The Seller’s
details are not disclosed to the Buyer;
4.8.5.
the Buyer who proposed the highest bid in the Auction
may or may not be recognized as the winner of that Auction. Only if his bid
exceeds the Target Price or the Seller agrees to sell the Vehicle for the price
lower than the Target Price, Exleasingcar will announce the Buyer as the Auction
winner and notify him by giving Confirmation through the Platform and/or e-mail;
4.8.6.
the announcement of the winner of the Auction shall
not constitute the sale of the Vehicle. The sale of Vehicle between
Exleasingcar and the Buyer will be considered officially concluded upon the
issuance and submission of the VAT invoice to the Buyer, confirming the
successful sale of the Vehicle;
4.8.7.
Should it be explicitly stated by Exleasingcar, the Auction
winner is obligated to pay Exleasingcar not only the bid price for the Vehicle
but also the Value Added Tax (VAT) , in addition to costs associated with other
services rendered to the Buyer by Exleasingcar, if applicable;
4.8.8.
the Vehicle shall be transferred to
the Buyer only after the Buyer has paid to Exleasingcar all price of the
Vehicle (i.e. the paced bid), the Value Added Tax (VAT), and any other costs of
other
services provided to the Buyer by Exleasingcar, if any;
4.8.9.
he has to register the Vehicle at his
own expense.
4.9.
The
Buyer participating in the Auction undertakes:
4.9.1.
to get acquainted with the description of the specific
Auction and its conditions before participating in the Auction;
4.9.2.
to carefully assess all information about the Vehicle
provided during the Auction and ensure that it meets his needs and requirements
before placing the bid;
4.9.3.
to consider all his bids carefully, as they cannot be withdrawn;
4.9.4.
upon being declared the winner of the Auction, to pay
for a Vehicle under the procedure set out in these T&C and to comply with
all other the terms set out in these T&C.
5. Announcement of the auction winner
5.1.
After
the Auction ends and if the highest bid is equal or exceeds the Target Price,
Exleasingcar shall declare the highest bidder to be the winner of the Auction.
5.2.
If
the highest bid at the conclusion of the Auction does not reach the Seller’s
Target Price but reaches at least 90% of that Target Price, Exleasingcar will
promptly notify the Seller of this bid. The Seller is then required to indicate
within 24 hours whether the highest bid is acceptable. If the Seller approves,
the highest bidder will be declared the winner of the Auction. Failure to
receive the Seller’s approval or any response within this 24-hour period means
the Auction winner cannot be confirmed. Once the Seller agrees to sell the
Vehicle at a price below the Target Price, Exleasingcar will immediately
designate the Buyer as the Auction winner and issue a Confirmation.
6. SALE OF VEHICLE
6.1.
Sale
of Vehicle to Exleasingcar:
6.1.1.
After the Auction ends and the winner is announced:
6.1.1.1.
within
5 (five) business days at the latest, a Sale-Purchase Agreement of the Vehicle
shall be concluded between the Seller and Exleasingcar (draft Sale-Purchase
Agreement is annex to these T&C);
6.1.1.2.
within
7 (seven) business days at the latest, the Seller delivers the Vehicle to the
Parking Lot. The Vehicle shall be deemed to have been duly delivered to
Exleasingcar upon delivery of the Vehicle to the Parking Lot, the handing over
of all documents relating to the Vehicle and the signing of the Transfer-Acceptance
Act of the Vehicle. All documents relating to the Vehicle shall be true,
accurate and up to date. The title and risk of accidental loss and/or damage to
the Vehicle shall pass to Exleasingcar from the time of the proper delivery and
transfer of the Vehicle to Exleasingcar as described herein;
6.1.1.3.
The
Seller performs any other actions necessary for re-registration of the Vehicle,
including, but not limited to, submission of the confirmation to the
institution registering the change of ownership of the Vehicle not later than within
2 (two) business days from the date of receipt of the notification on
submission of documents to this institution;
6.1.2.
The Seller shall sell the Vehicle to Exleasingcar at
the price suggested by the winning bidder (Buyer). The Auction Fee is deducted by
Exleasingcar from the Vehicle’s price payable to the Seller. By agreement
between the Parties, the price shall be paid to the Seller within 7 (seven)
days after Exleasingcar has sold the Vehicle to the Buyer.
6.2.
Sale
of Vehicle to the winner of Auction (Buyer):
6.2.2.
When Value Added Tax (VAT) is calculated for the
Vehicle and issued at zero percent Value Added Tax (VAT), depending on the
conditions of purchase/dispatch, the Buyer shall additionally pay as a deposit
to Exleasingcar an amount equal to 21% of the sale price of the Vehicle and
undertakes to export the Vehicle within 15 (fifteen) days from the moment of
receipt to any Member State of the European Union or from the territory of the
European Community, i.e. to obtain documentation supporting the legality of the
zero Value Added Tax (VAT) rate and provide it to Exleasingcar; Exleasingcar
within 5 (five) business days after submission of the documentation supporting
the legality of the zero Value Added Tax (VAT) rate shall refund to the Buyer
the amount paid as a deposit;
6.2.3.
In the event of non-payment by the Buyer of the price
of the Vehicle and/or payments for additional services ordered within the term
indicated in clause 6.2.1, the sale of the
Vehicle shall not be concluded and the Buyer shall pay Exleasingcar
fine equal to 20 (twenty) percent of the price of the Vehicle (highest bid).
Exleasingcar shall be entitled to deduct this amount from the amounts already
paid by the Buyer, if any;
6.2.4.
The Buyer undertakes to take over the purchased
Vehicle from the Parking Lot no later than 10 (ten) business days from receipt
of invoice. Failure to take over the purchased Vehicle from the Parking Lot
within the term specified in this clause will result in a charge for storage
according to the Parking Lot’s rates;
6.2.5.
The Vehicle shall be deemed to have been transferred
to the Buyer after the Buyer takes it from the Parking Lot and the Vehicle’s Transfer-Acceptance
Act is signed. Before signing the Transfer-Acceptance Act, the Buyer is
obligated to inspect the Vehicle thoroughly and promptly report any visible
defects, which were not indicated in the announcement of the Auction of this
Vehicle by indicating them in the Transfer-Acceptance Act. Upon acceptance of
the Vehicle, all documents relating to the Vehicle shall be handed over to the Buyer;
6.2.6.
The Buyer undertakes to perform any actions necessary
for re-registration of the Vehicle, including, but not limited to, submission
of the documents to the institution registering the change of ownership of the
Vehicle not later than within 2 (two) business days after takeover of the
Vehicle;
6.2.7.
During the transfer, the Buyer takes possession of the
Vehicle and assumes the risk of accidental loss of and/or damage to the Vehicle.
7. CLAIMS regarding VEHICLE
7.1.
All
claims regarding visible defects of the Vehicle, which were not indicated in
the announcement of the Auction of this particular Vehicle, must be submitted
before the signature of the Transfer-Acceptance Act.
7.2.
The
Parties expressly agree that claims related to defects not apparent during the
initial takeover of the Vehicle can be submitted only when the amount of the
claim exceeds 300 Eur, are not related to the parts of the Vehicle which naturally
wear out and must be submitted to Exleasingcar no later than the earlier of:
(a) the expiration of [3 (three) business days following the signature of CMR;
or (b) the Buyer (or any other third party under Buyer’s control) having driven
no more than 80 (eighty) kilometers (the Buyer's driven kilometers are
calculated based on the mileage specified in the Transfer-Acceptance Act). The
Parties expressly agree, and the Buyer acknowledges, that failure to raise
claims within the specified timeframe outlined in this clause waives the right
to make subsequent claims regarding the Vehicle’s conformity, accuracy of
information provided, completion, or quality.
7.3.
Claims
are submitted to Exleasingcar in such a manner that the claim must specify the
Vehicle and all defects for which the claim was submitted. When submitting and
considering claims, in all cases, it must be taken into account that the
Vehicles placed on the Auctions on the Platform, are used, consequently, all or
individual Vehicle parts are not new, are subject to wear and tear, and number
of kilometers driven, date of first registration, technical characteristics and
other relevant circumstances must be taken into account.
7.4.
Exleasingcar
immediately informs the Seller of any claims received regarding the Vehicle.
The Seller must respond to the claims made no later than within 2 (two)
business days from the receipt of the claim.
7.5.
Exleasingcar
shall evaluate the submitted claim, the Seller’s response and provide its
response to the Buyer’s claim no later than within 5 (five) business days from
the receipt of the claim.
8. LIABILITY
8.1.
In
the event of any breach by the User of any representations and warranties made
by the User to Exleasingcar, and in the event of any failure to comply with the
obligations assumed under these T&C, the User shall indemnify Exleasingcar
against any loss suffered by Exleasingcar as a result.
8.2.
The
Parties mutually acknowledge and affirm that the Seller comprehends and
explicitly agrees to assume complete liability for any losses incurred by
Exleasingcar and/or the Buyer arising from the Vehicle’s failure to meet its
specified description, defects, malfunction or any other losses associated with
the Vehicle and that the Seller’s liability shall not be subject to the
limitations set out in clause 7.2 of the Agreement.
8.3.
To
the maximum extent permitted by applicable law, Exleasingcar shall not be
liable for any direct or indirect or consequential damage of any kind,
including without limitation disruption of business, third-party claims and
loss of profits, anticipated savings, or goodwill. To the maximum extent
permitted by applicable law, and/or any other limitations and exclusions of
liability set out in these T&C do not apply, Exleasingcar total aggregate
liability for any losses of any nature incurred or suffered by User arising out
of or in connection with the sale of Vehicles, shall not exceed the price for
such Vehicle, which was suggested by the Buyer.
8.4.
Neither
Party shall exclude or limit its liability for (a) its own fraud or willful
intent; and /or (b) any liability which cannot be excluded or limited under
applicable law (in which case the relevant Party does not exclude or limit its
liability only to the extent such exclusion or limitation is not permitted by
applicable law).
8.5.
Seller
is paying a fine of 20 (twenty) percent of the highest bid to Exleasingcar and
compensates Exleasingcar for any damages incurred by him if the winner is of
the Auction is announced or the Seller confirms the sale of the Vehicle in case
the bid is less than Target Price but: (a) neglects to sign the Sale-Purchase
Agreement; (b) fails to deliver the Vehicle to the designated Parking Lot
within the specified timeframe; (c) delivers the Vehicle in a manner
inconsistent with the information provided by the Seller regarding the Vehicle;
(d) otherwise breaches its obligations resulting in Exleasingcar’s inability to
fulfil its commitments to the Buyer.
8.6.
In
the event of failure to conclude the sale of the Vehicle with the Buyer through
no fault of the Buyer, Exleasingcar reimburse to the Buyer the price paid by
him for the Vehicle, and pays to the Buyer a fine equal to 10 (ten) percent of
the bid. The fine indicated in this clause is paid only when Exleasingcar
receives the fine paid by the Seller as indicated in clause 8.5.
8.7.
If
Exleasingcar fails to pay the Seller for the Vehicle by this T&C in a
timely and proper manner, Exleasingcar shall pay to the Seller interest at the
rate of 0.02 per cent of the unpaid amount for each day of delay.
8.8.
Any
fines and compensations for damages payable hereunder shall be due and payable
within 10 (ten) days of request. Claims for damages must be accompanied by
documents proving the fact and extent of the loss suffered.
9. Cancelation OR SUSPENSION OF USER’S
ACCOUNT
9.1.
The
User has the right to deactivate his account at any time, except the period
when he is participating in the Auction as the Seller or the Buyer.
9.2.
Exleasingcar
has the right to suspend or cancel a User’s account privileges and the ability
to buy or sell Vehicles on the Platform at any time if the User is not active
at that moment (there are no User’s Vehicles in an ongoing Auction, the Buyer has
not bid in the ongoing Auction). If the Seller’s Vehicle is on an ongoing
Auction or a Buyer has submitted a bid, Exleasingcar reserves the right to
suspend or cancel the User’s account solely in the event of a material breach
of the T&C or applicable laws by the User. In this case, the ongoing Auctions
of User’s Vehicles are suspended, and bids placed are annulled.
9.3.
If
Exleasingcar decides to suspend or cancel the User’s account on the Platform,
Exleasingcar will inform the User by e-mail or via the User’s account on the
Platform. In this case, Vehicles for which the Auction has not yet started
shall not be put up for Auction.
9.4.
To
reactivate an account that has been cancelled or suspended on the Platform, the
User must submit a reinstatement request to Exleasingcar. The decision to
reactivate the account will be at Exleasingcar’s discretion and communicated to
the User as either confirmed or denied.
9.5.
All
obligations arising between the Parties before the revocation of the User’s
account, whether mutual or otherwise, shall persist even after the deactivation
of the account.
10. INTELLECTUAL PROPERTY RIGHTS
10.1.
All
intellectual property rights to the Platform and its content, including
copyrights, industrial intellectual property rights, know-how, and commercial
and industrial secrets, belong to Exleasingcar or Exleasingcar and lawfully exercise the rights granted by third
parties. All rights to the Platform and the works on it are reserved. No
content or other information on the Platform may be reproduced, made available
to the public or distributed without the prior written consent of Exleasingcar.
10.2.
All
trademarks displayed on the Platform are the property of Exleasingcar
or are lawfully used by
Exleasingcar,
except for those trademarks uploaded by Users of the Platform.
10.3.
By
submitting any content to the Platform, the User acknowledges and warrants to Exleasingcar
that he has all rights,
permissions, consents and/or licenses to perform those actions with the content,
which the User performs, including the right to use.
10.4.
The Users
may not reverse engineer, decompile, or otherwise attempt to extract the source
code of the Platform or any part thereof, nor may they take any actions to
violate the intellectual property rights of Exleasingcar related to the
Platform. Any such unauthorized actions shall be considered a breach of this
agreement and may result in legal action by Exleasingcar.
10.5.
The
Platform may not be used for any illegal activities, including but not limited
to distributing viruses, malware, or engaging in any other activities that
compromise the security or integrity of the Platform or its users. Any such
actions shall be considered a breach of this agreement and may result in
immediate termination of the User’s access to the Platform, as well as legal
consequences.
11. PERSONAL DATA
11.1. The User undertakes to ensure that the processing of personal data
managed by the User, which is necessary for the purposes of using the Platform,
does not infringe the rights and legitimate interests of data subjects or other
third parties. Accordingly, the User bears all associated risks.
11.2. The Parties agree that the rights and obligations of the Parties in the
processing of the User’s data by Exleasingcar are discussed in the Privacy Policy published on the
Platform.
12. EXCHANGE
OF INFORMATION
12.1. Exleasingcar shall send all notices
and otherwise communicate using e-mail addresses or telephone numbers provided
in the User’s registration form or in any other way by which the User may be
reached.
12.2. Users shall send all notices and
inquiries and otherwise contact Exleasingcar by e-mail: info@tradercars.eu, phone: +37060272045.
12.3. The Parties agree that the presence
of a copy of an e-mail or other notice addressed to the User on Exleasingcar server
(database or other device storing the relevant information) is appropriate
proof of sending any information.
13. AMENDMENT OF THE T&C
13.1.
As
Exleasingcar is constantly developing and evolving the Platform to ensure a
more convenient use, Exleasingcar has the right to unilaterally amend these T&C
at any time.
13.2.
Exleasingcar
will notify the User of any changes to the T&C by posting them on the Platform.
13.3.
Changes
to the T&C will take effect upon their publication on the Platform. By
continuing to use the Platform, the User acknowledges that he has read such
changes and fully agrees with them.
13.4.
The
use of the Platform before the amendment of the T&C shall be governed by T&C
in force at that time.
14. FINAL PROVISIONS
14.1.
The
Law of the Republic of Lithuania shall apply to the T&C.
14.2.
All
disagreements between Exleasingcar and the Users regarding the implementation
of these T&C shall be resolved through negotiations. If the Parties fail to
resolve the dispute through negotiations within 30 days from the initiation of
such negotiations, such dispute shall be finally settled in the courts in
accordance with the laws of the Republic of Lithuania, determining jurisdiction
according to the location of Exleasingcar’s registered office.
14.3.
These
T&C shall enter into force from the moment the User confirms that he agrees
with them, and shall be valid for the entire period of the relationship between
the User and Exleasingcar.