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  Terms & Conditions
 

 TERMS AND CONDITIONS
 

1. General Conditions
1.1. Website www.irenginiai.lt (hereafter – Site or www.irenginiai.lt) is designed for those who are searching various new or used industrial devices and other mechanism, as well for those who would like to sell or lease it.
1.2. The terms and conditions of the website www.irenginiai.lt (hereafter - T&Cs) set down methods and conditions of usage of this website, and define the relations, laws and obligations, liability limits and other provisions between UAB “Linkela” (Joint Stock Company code 301513628) (hereafter - Provider) and Site users (hereafter - User). 
1.3. The site gives the ability for its users to place an advertisement on the search, sold or leased facility.
1.4. Use of the Site is free of charge. The user can place and view for free advertisements for sale, wanted or for rent.
1.5. The Site is the property of the Provider.
1.6. The Provider has the right to modify and renew its services, service prices, data of the Site or these T&Cs without any notice of User.  After the first time of connection to the system the user will be informed about the changes of the T&Cs. If the User continues to use the Site he agrees with the amended T&Cs. If he does not agree he can stop using the site of the Provider.
1.7.  These T&Cs are mandatory to the User as well to the Provider (only persons / companies agreeing with these T&Cs can become a user). Additional conditions or agreements between a Provider and a User (if they are not covered by this T&Cs) shall be made in writing.

2. Rights and Duties of the Provider
2.1. The Provider gives the right for User to use the Site under conditions provided in these T&Cs.
2.2. The Provider is the moderator between Customer and Seller. If the provider in some cases is the Seller as well (i.e. if the item for sale is in property of the Provider), additional conditions stipulated in a separate contract apply.
2.3. The Provider respects the privacy of the User to the information witch belongs to him. The Provider may provide the personal data of User to third persons for direct marketing purposes, unless the User does not agree that their personal data would be provided to third persons. This provision does not apply in cases where it is provided for the legislation of the Republic of Lithuania.
2.4. The Provider safeguards the security of the information which has been submitted in a User registration form, but he is not responsible for the security of the information contained in advertisements. This information is public and accessible to all, so each visitor must be cautious supplying texts. The Provider is not liable for losses which may arise as a result of the use of information notices.
2.5. After the publication of the Users advertisement, the Provider is responsible only for the technical placing of the advertisements information (corresponding to these T&Cs) into the site database and its technical support.
2.6. The Provider is not liable of certainty, originality and / or inadequacy and a content of the information which are placed by User. The Provider also is not liable for damage caused by the advertisement content and / or placing it to the Site, which has been made for the User or any third person.
2.7. The Provider is not liable for actions of third persons, which caused the violation of the User rights.
2.8. The Provider does not guarantee that advertisements will be removed from the Site database for the specific day.
2.9. The Provider is not liable for the content and privacy practices of websites which are published in the Site. Each visitor should familiarize with the site's privacy policy.
2.10. The Provider does not hold responsibility for the sold items and their quality, furthermore he does not give any guarantees, and also the Provider is not responsible for transportation (if not agreed in writing).
2.11. The Provider is responsible only for information provided by www.irenginiai.lt employees. However, if the User has given the incorrect data for the Provider and he has provided them to another User, then the Provider is not responsible for it. The Provider is also not responsible for the user's creditworthiness.
2.12. If the Site www.irenginiai.lt and / or its database can be used in fully 80 percent during the year, it means that the usage of this Site has been performed acceptable. The Provider is not liable for the Customers or third person’s damages or data loss caused by trouble of the Site or its database.

3. Rights and Duties of the User
3.1. A registered person / company (hereinafter - User) can use the search system of the Site, save or view advertisements.
3.2. Visitors of the Site can use the search system of the Site and browse through the advertisements free of charge.
3.3. If a person / company would like to register to the Site www.irenginiai.lt he / it must complete the registration form entering true and correct data. If identification data has been changed the User must update it in his registration form as soon as possible, but no later than 15 working days.
3.4. During the registration a User must provide name and code of the company (except for private persons), personal name and surname, company's home and / or residence address, email address, telephone number and password. Without these data registration can not be completed. Other details in the registration form are voluntary. It is forbidden to register with false user information.
3.5. Users are strictly forbidden to register to the Site more than once. If “double” users are identified or suspected, they will be removed from the system immediately.
3.6. If the registration is made by an authorized person of the person / company, he must have a valid power of authority. In some cases (e.g. if a company / person requests explicitly) the registration may be made by the Provider.
3.7. The User must carry out the requirements of the T&Cs and the provisions of the legislation of the Republic of Lithuania. The User acknowledges the T&Cs and commits to follow them by registering to the Site www.irenginiai.lt and placing a tick to "I agree with the T&Cs of the Site www.irenginiai.lt ". Persons / companies not agreeing these T&Cs can not register to the system of www.irenginiai.lt, and therefore can not become a User.
3.8. If the User’s registration has been fulfilled successfully, a confirmation will be sent to the User’s email. The User is personally responsible for storage and usage of the password and username. The Provider is not responsible for the security of these.
3.9. The User commits not to contravene rights and legitimate interests of third persons during the usages of www.irenginiai.lt. The content of advertisements must not conflict with laws and regulations of the Republic of Lithuania, and also does not promote or glamorize criminal or dangerous behavior both directly and indirectly, to propose, promote or publish images with erotic or pornographic information, the advertisements must not content information which appear as antinational, scandalous persons or organizations.
3.10. The User can subscribe the Provider's "Newsletter", which will be sent by email. The User has the right to refuse this subscription at any time. With the User’s request to obtain “Newsletter” the Provider reserves the right to transfer the email address of the User to the service persons.
3.11. The User obliges himself to keep all the information received from the Provider and / or the Seller / Buyer (if it is not publicly available) as unapproachable to third persons until a contract will be concluded.
3.12. Users are responsible for damage made for the Provider, which occurs if the User does not fulfill the T&Cs.

4. Conditions for placing advertisements in the site www.irenginiai.lt
4.1. An advertisement is defined as the information, which has been published by the Provider or User.
4.2. In order to place advertisements the User must register to the system of www.irenginiai.lt. Unauthorized Users can not place advertisements in the Site.
4.3. The User must place his advertisement in the appropriate category of the Site (eg, advertisement for sale of wood cutting machines should therefore be placed in category "Woodworking" and not in the category which is dedicated for the food and beverage industry).
4.4. Each announcement about the sold, leased, or search object have to be published in a separate advertisement, i.e. only one object / product or service must be published in one advertisement.
4.5. The User is responsible for the information and the content in his advertisement. If the Provider places an advertisement to the Site database on request of the User, in this case the User is responsible for the information and content on the Site.
4.6. When the User places the advertisement in the Site he must agree to the condition that his objects may be placed in other advertising media of the Provider, and can be proposed of other ways of selling (eg, in catalogs, exhibitions). The User has to agree that the Provider has the right to use the content of the advertisement (text, photos, etc..) on advertising purposes without revealing the personal information of the User.
4.7. The content and form of the advertisement and images which it contains (eg, pictures of object) can not contradict the existing laws of the Republic of Lithuania and the generally recognized ethical or moral norms. The advertisement can not violate copyright and intellectual property rights.
4.8. The User has right to change, supplement or delete the content of his advertisement.
4.9.  The Provider has right to disallow advertisements or delete it without any notice if it violates the T&Cs of www.irenginiai.lt.

5. Procedures and Conditions for Sale and Purchase
5.1. The User who would like to sell particular objects with the help of www.irenginiai.lt is named a Salesman. The Salesman places particular objects for sale in the Site as advertisements.
5.2. The Salesman is able to place advertisements for free using the forms if he is a registered User or he may authorize the Provider to do so (in this case the terms have to be agreed by both parties).
5.3. The Provider takes care of the sale of objects which are published in the Site, for this reason can be used not only the Site, but also other patterns of sale. Given request, the Provider and the Salesman may conclude a contract for interpreter services, transport, installation and other services rendering.
5.4. The Salesman can only be a person / company, which possesses the proposed item. Otherwise, the User must have the rights to sell the object from the owner.
5.5. The price of an object is given in Lithuanian Litas or Euro (depending on the country where is going to sell the item). However, the main price has to be presented in Lithuanian Litas, while the price in other currencies may be considered as auxiliary information to Users. The Salesman may choose which price information will be published: fixed, or determined by negotiation (negotiated price).
5.6. In case of sale of the object the sales contract will be concluded between the Customer and Salesman. The Provider does not participate in this process.
5.7. Users who cannot find their required object, may place an advertisement under section "Wanted" for free of charge. The advertisement may be removed or replaced by the User at any time.
5.8. Users wishing to rent some devices, may use the opportunity to place advertisements in section “For Rent”.

6. Cancellation of the Site’s Usage
6.1. The Provider has the right to suspend, restrict and / or terminate his services to Users, also he may to restrict rights of the User, to change his status or delete his account, if the latter has used  the Site incorrectly, has violated these T&Cs or the law of the Republic of Lithuania. The access to the database of www.irenginiai.lt and the usage of the Site overall will be restricted in these cases.
6.2. The Provider may decide to remove any information related to the User.

7. Protection of Data

7.1. When a User register to the Site he needs to provide his name, company name, number of person / company, date of birth, address, home or mobile telephone number, e-mail address, ect. Thus the User claims that he voluntarily supplies these data to the Site and agrees that the submitted data is stored and processed electronically in this Site’s database.
7.2. Information which has been given by the User at the time of registration is used only for purposes of www.irenginiai.lt . The User agrees and acknowledges that submitted data would be free of access to view them and to use by the Provider.
7.3. The purpose of management of the supplied personal data to the Site is to provide services for Users (to place advertisements, provide information about relevant products, transfer certain data to third persons, etc.). The User’s data is also administrated for his registration and subsequent administration of the advertisements placing to the Site’s database.
7.4. The User has to confirm that his data which are supplied to the Site is correct, complete, accurate and current.
7.5. www.irenginiai.lt uses "cookies" (data files that are stored on a user's computer hard drive, and is updated on changing his settings). A User has to agree that at the time of registration to the system and logging in, the system checks a User's computer IP address and login to the system date and time.

8. Rights of Authors and other
8.1. The Provider is the owner of the Site’s database and all rights to the content of website www.irenginiai.lt. The Provider has the exclusive right to use all of the data. All of the goods or service marks, designs, names, logo, etc.., which are used in the Site is the property of the Provider or the Provider has the right to use them.
8.2. Any replacement of the content, design and / or information of the database (replacement, processing, replication, etc.) which has been made by third persons without any written permit of the Provider and / or breach of the T&Cs, are determinable as the authors’ and other’s rights violation, which is penalized under the laws of the Republic of Lithuania. This restriction does not apply to Users’ advertisements.
8.3. The User has to agree that his advertisements and other published content of the User, including any intellectual property, become a part of the Site’s database and will be stored by  the Provider or his authorized persons and used for an unlimited period of time under the provisions of the laws, except some cases referred to these T&Cs.
8.4. The Provider is not liable for paying a copyright or other remuneration to the User for usage of his advertisements and / or other User’s posted contents.

9. Payment, circumstances of Quittance
9.1. Registration and advertisements’ placing in the Site www.irenginiai.lt are free of charge both for Buyers and for Salesmen.
9.2. For extra services of the Provider (eg., translation, accessory showcard, etc.) has to be paid under separate arrangements.

10.    Applicable Law, Resolution of Disputes
10.1. Activities of the site’s www.irenginiai.lt  are carried out in accordance with the laws of the Republic of Lithuania and other normative acts regulating such kind of activities. Any disputes concerning the activities of the Site or connected with it, is solved through friendly negotiations. If the parties have not settled the dispute amicably within 15 (fifteen) days from the date when one of the parties submitted a request to the other Party for the dispute resolving, the dispute is being resolved by the laws of Republic of Lithuania.
10.2. If the Party does not prosecute (or do it improper) T&Cs of this Site, he is responsible for it under the law of Republic of Lithuania.
10.3. The Parties shall be exempt from liability if is given force majeure circumstances (at the time of the current Government of the Republic of Lithuania T&Cs of the exemption from liability, under force majeure circumstances) and in this case the Party has executed improper or fully failed the obligations referred to these T&Cs. In cases of force majeure and / or their disappearance, the Party must promptly notify about it to the other Party. If the Party does not report about the occurrence of force majeure, the Party is not indemnified from the responsibility of the obligations under these T&Cs, when false or improper action has been done.

Kaunas, Lithuania
14 of January 2008
 




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