(1) www.euroleasingauto.com is a trading platform for used vehicles (hereinafter – the “Platform” or “Marketplace”). The Platform is operated by UAB Maremedia, company code 301915598, registered office at Vytauto g. 48B, LT-68296 Marijampolė, Lithuania (hereinafter – the “Platform Operator” or “Euroleasingauto”), and provides natural and legal persons (hereinafter – the “Users”) with the opportunity, in accordance with these General Terms and Conditions, to submit bids for the purchase of vehicles via public auctions on the Marketplace. Vehicles offered in auctions on the Marketplace generally belong to third-party sellers (e.g. leasing companies, banks, fleet operators or other remarketing partners) and are presented on the Platform on their behalf. Upon the seller’s confirmation of the bid submitted by an auction participant, Euroleasingauto purchases the vehicle from the seller in its own name and resells it to the winning bidder.
(2) These General Terms and Conditions (hereinafter – the “Terms”) govern the contractual relationship between Euroleasingauto and the User. These Terms apply exclusively to the services offered on this Marketplace. Any provisions deviating from these Terms shall only apply if confirmed by Euroleasingauto in writing. By registering in accordance with §2, the User unconditionally agrees to these Terms and undertakes to comply with them.
(3) The Platform Operator shall inform the User of any amendments to these Terms in writing, by fax or by email. If the User does not object within six weeks from receipt of such notice, the amendments shall be deemed accepted. In the event of any amendments to these Terms, the User’s attention shall be specifically drawn to their right to object and to the legal consequences of failing to do so.
(4) These Terms apply equally to all genders. The use of a simplified linguistic form is for editorial purposes only and does not imply any evaluation.
(5) In these General Terms and Conditions, the following terms shall have the meanings set out below:
“User” means a natural or legal person who has registered on the Platform and has the right to use it.
“Auction Participant” means a User who participates in an auction on the Platform and submits bids for the purchase of a vehicle.
“Buyer” means an Auction Participant whose bid has been accepted by the Seller and with whom a vehicle purchase agreement is deemed to have been concluded.
“Seller” means a third party (e.g., a leasing company, bank, fleet operator or other partner) on whose behalf a vehicle is offered on the Platform.
§1 Services of the Platform Operator
(1) www.euroleasingauto.com is an online marketplace for the trading of used vehicles. The Marketplace includes an automated information system designed to facilitate communication between Users and contracting parties.
(2) The services of Euroleasingauto include, inter alia:
(a) granting access to the Marketplace after the User has been approved in accordance with §2;
(b) providing information and enabling communication between Users and contracting parties;
(c) additional services for Users subject to a separate agreement with Euroleasingauto.
(3) Due to maintenance or other reasons, the Platform may occasionally be temporarily unavailable. Euroleasingauto shall use reasonable efforts to remedy any Platform-related disruptions as quickly as possible. The Platform Operator does not provide any guarantees regarding technical defects, in particular with respect to continuous and uninterrupted availability of the Platform or error-free processing of User-submitted data.
(4) Vehicles offered on the Platform generally belong to third-party sellers (e.g. remarketing companies, fleet operators or other sellers). Upon the seller’s confirmation of the price offered by an auction participant, Euroleasingauto purchases the vehicle from the seller and resells it to the auction winner.
(5) Information about vehicles on the Platform is based on data provided by sellers, auction partners or other third parties. Euroleasingauto does not verify such data, does not guarantee its accuracy or completeness and assumes no liability for any inaccuracies or discrepancies in data provided by third parties. The Platform Operator does not perform technical inspections of vehicles.
§2 Registration and Access to the Marketplace
(1) Use of the Marketplace requires approval by the Platform Operator. The Marketplace is available to natural persons, entrepreneurs and legal entities. Only persons of legal age may use the Platform. No party has any claim to access or use the Marketplace.
(2) The User must register by creating a User account and accepting these Terms. During registration, the User must provide personal or company details, billing information and a contact person. The User must provide all requested information accurately and completely. Registration shall be confirmed electronically.
Registration constitutes a contract between the Platform Operator and the User regarding the use of the Platform. Registration is free of charge. Fees payable by the User in connection with purchases are defined in §5 of these Terms.
(3) The User guarantees that all information provided to the Platform Operator and other Users is accurate and complete. The User shall promptly notify the Platform Operator of any changes to such information.
(4) The User shall not use the Platform to upload, transmit or distribute viruses, worms, spyware or other harmful software. The User shall not perform any actions that could impair the functionality of the Platform or any related systems. It is prohibited to upload or transmit any information or material that infringes third-party rights or is unlawful, offensive, threatening, obscene or otherwise inappropriate.
(5) All user accounts are personal and may only be used by the authorized User. The User assumes full responsibility for their account and all activities carried out through it. Any declarations, bids, acceptance or other actions made through the User’s account shall be deemed valid and binding.
The User must keep login credentials confidential and protect them from unauthorized access. In case of suspected unauthorized use, the User must immediately inform Euroleasingauto. Upon becoming aware of such misuse, Euroleasingauto shall block access to the account. The Platform Operator reserves the right to change login credentials and shall inform the User accordingly.
(6) The User is responsible for selecting, acquiring, maintaining and operating all necessary technical equipment, software and telecommunications services required to use the Platform. Euroleasingauto assumes no liability for third-party systems, including internet connections, operating systems or browsers.
(7) The Platform Operator has the right to revoke access or block the User if there is reasonable suspicion of a breach of these Terms. The Platform Operator may refrain from such measures if the User provides sufficient evidence to the contrary.
(8) The User may terminate the agreement at any time or delete their account by notifying Euroleasingauto via email support@euroleasingauto.com.
§3 Conclusion of Contracts in Auctions
(1) Vehicles offered in auctions generally belong to third-party sellers (e.g. leasing companies, banks, fleet operators or other remarketing partners) and are listed on the Platform on their behalf. The vehicles are offered based on reports prepared by independent inspection service providers, without Euroleasingauto performing any inspection itself.
(2) Vehicle data provided on the Platform, including but not limited to first registration date, model year, equipment, technical specifications or other descriptions, is provided for informational purposes only.
Such data may be based on information provided by sellers, registration documents, inspection reports or other third parties and may differ from the actual characteristics of the vehicle. The information provided in the vehicle description shall not be considered contractual characteristics or a guarantee of the vehicle.
(3) Prior to submitting a bid, the Auction participant must independently evaluate the vehicle and its data. The Auction participant confirms that before submitting a bid they had sufficient information about the vehicle, including the possibility to verify the vehicle’s history via VIN using third-party databases.
By submitting a bid, the Auction participant confirms that the decision to purchase the vehicle is based on their own assessment and that they assume all related commercial risks.
(4) In certain cases, the VIN number may not be provided or may be incomplete if such decision is made by the seller.
In such cases, the Auction participant has the right to request the VIN number from Euroleasingauto before submitting a bid. Euroleasingauto will request the VIN from the seller and provide it to the participant once received.
If the Auction participant does not request the VIN before submitting a bid, it shall be deemed that the Auction participant made the purchase decision with sufficient information.
(5) Invitations to auctions do not constitute legally binding offers but merely invitations to submit bids.
(6) Euroleasingauto controls the start, end and process of auctions. Euroleasingauto reserves the right to modify, suspend or cancel auctions at any time.
Euroleasingauto also has the right to cancel or adjust auction results in case of technical errors, incorrect vehicle data, system failures or other circumstances affecting auction outcomes.
(7) Euroleasingauto reserves the right to require a security deposit for account usage. The deposit amount is determined based on internal risk assessment and ranges from EUR 500 to EUR 5,000.
The deposit serves as security for potential claims. It shall be returned once it is no longer required, but no later than after termination of cooperation, provided no claims exist.
(8) Users participating in auctions may submit binding bids. Bids constitute legally binding and irrevocable offers to conclude a purchase agreement as defined in Article 6.420 of the Civil Code of the Republic of Lithuania.
By submitting a bid, the Auction participant confirms that, the bid is submitted knowingly, it is legally binding and irrevocable. The bid remains binding for 10 days after the auction ended.
(9) A purchase agreement shall be concluded when the seller accepts and confirms the bid submitted by the Auction participant. If the Auction participant does not receive confirmation within 10 days after the end of the auction, the bid shall be deemed expired.
(10) Once the purchase agreement is concluded, the Buyer shall not have the right to withdraw unilaterally from a contract concluded in a public auction pursuant to Article 6.228¹⁰ of the Civil Code of the Republic of Lithuania.
If the Buyer fails to perform the contract (e.g. non-payment or failure to collect the vehicle), the seller may terminate the agreement. In such case, the Buyer must pay 20% of the bid price as a penalty.
(11) Auction participants shall be responsible for all bids submitted through their accounts. They shall also be responsible for other activities carried out via their accounts in accordance with the principles applicable to contracts having protective effect for third parties.
(12) Users shall not manipulate the course of auctions, including by submitting bids using another User account or involving third parties.
(13) All transactions on the Marketplace shall be governed exclusively by the system time applied on the Platform.
(14) The Platform Operator reserves the right to modify or expand the content and structure of the Platform and related user interfaces, provided that this does not negatively affect, or does not materially negatively affect, the proper functioning of the User.
The Platform Operator shall inform the User of any such changes accordingly.
§4 Obligations of the User
(1) During registration in accordance with §2, the User guarantees to Euroleasingauto and all other Users that, with regard to the data provided by them, they have complied with the requirements of data protection law and shall indemnify the Platform Operator against all claims, including claims under public administrative law.
In particular, the User shall inform the persons acting on their behalf on the Platform (especially employees) about the data processing operations that Euroleasingauto is required to carry out in accordance with Euroleasingauto Data Protection Policy, and shall ensure that any necessary consent from such persons has been obtained prior to uploading their personal data to the Platform in connection with the setup of user accounts or otherwise.
§5 Purchase Price / Payment Terms
(1) During the auction, the purchase price shall always be understood as the net purchase price (excluding transport costs, auction fees and any other applicable costs), exclusive of applicable VAT. VAT shall be applied in accordance with the applicable legal provisions in each case. Any potential transport costs may be calculated at the time of submitting a bid on the Platform.
(2) The purchase price shall correspond to the purchase price confirmed by the Seller, typically the highest bid submitted.
(3) The Buyer shall be charged an auction fee in accordance with the price list available on the Platform. Transport costs to the collection point shall also be borne by the Buyer. The incurred transport costs may be determined already at the time of submitting a bid on the Platform. The Buyer shall also pay a fee for the preparation of purchase-related documents. Any additional services ordered (e.g. assistance with registration, costs of new license plates, etc.) shall also be paid by the Buyer.
(4) Upon confirmation of the highest bid and confirmation of the transaction by the Seller, Euroleasingauto shall purchase the vehicle from the Seller and issue an invoice to the Buyer. The invoice shall be provided to the Buyer electronically. The invoice shall include the purchase price, transport costs to the logistics center, auction fee, document preparation fee and any other applicable charges.
VAT shall be applied depending on the Buyer’s place of establishment:
(a) Buyers established in the Republic of Lithuania
For Buyers whose registered address or place of establishment is in the Republic of Lithuania, an invoice shall be issued indicating the total purchase price before taxes as well as VAT in accordance with applicable legal requirements.
(b) Buyers established in European Union Member States
For Buyers established in EU Member States, the net purchase price with 0% VAT shall be applied only if the Buyer provides a valid VAT identification number and any other documents or information required for this purpose prior to invoice issuance.
Upon payment of the purchase invoice, the Buyer shall receive authorization to collect the auctioned vehicle and may collect the vehicle. The registration documents shall remain with the Seller until proof of transport of the vehicle to another EU country outside the Republic of Lithuania (typically a CMR document) is provided.
If the documents are complete and sufficient for tax purposes, the original registration documents shall be sent to the Buyer without delay.
(c) Buyers established outside the European Union (third countries)
Buyers established in third countries must properly complete the relevant transport declaration and, if required, pay a deposit equal to the applicable VAT amount.
They shall receive an invoice including a deposit equal to the applicable VAT. Upon payment of the purchase price, the Buyer shall receive authorization to collect the vehicle and may collect it together with the registration documents.
After the vehicle is exported outside the EU, the Buyer must provide Euroleasingauto with proof of export from the EU. Such proof shall include, but is not limited to, import certificates, properly completed CMR documents, or proof of vehicle registration in the destination country.
The submitted documents shall be reviewed, and if complete and sufficient for tax purposes, the VAT deposit shall be refunded.
If all required documents are not provided within 1 month, an invoice including applicable VAT shall be issued and the VAT shall be paid to the tax authority.
(5) The invoice for the purchase of the used vehicle must be paid within 2 business days from the date of receipt. If the Buyer fails to pay within the specified period, the Seller shall have the right to terminate the purchase agreement in accordance with §3 (10).
§6 Liability of the Platform Operator
(1) Euroleasingauto shall be fully liable for intent and gross negligence. In cases of slight negligence, Euroleasingauto shall be liable only in the event of a breach of essential contractual obligations. Liability for the breach of such essential contractual obligations shall be limited to the foreseeable damage typical for the contract, which Euroleasingauto could reasonably have expected at the time of conclusion of the contract based on the circumstances known at that time.
(2) The Platform Operator shall not assume any liability for any network failures or disruptions for which it is not responsible.
(3) Euroleasingauto shall be liable for data loss in accordance with the above provisions only if such loss would have been unavoidable even if the User had taken appropriate backup measures.
(4) Euroleasingauto liability shall not extend to disruptions in the use of the services provided via the Marketplace that arise due to improper or incorrect use of the Platform by the User.
(5) To the extent that Users may be directed via the Marketplace to third-party databases, websites, services or similar, for example through links or hyperlinks, Euroleasingauto shall not be responsible for the availability, existence or security of such databases or services or their content.
In particular, the Platform Operator shall not assume any responsibility for their legality, substantive correctness, completeness, timeliness or similar aspects.
(6) Euroleasingauto shall not be liable for indirect damages, including but not limited to loss of profit, loss of business opportunities, reputational damage or any other indirect or consequential damages.
§7 Vehicle Collection / Obligation to Notify Defects
(1) Vehicles purchased by Buyers shall be delivered to logistics hub in Marijampolė, Lithuania. If the Buyer collects the purchased vehicle independently, they must do so within 5 business days from receipt of the collection authorization.
In such case, prior to collection, the Buyer must inform the Seller who will collect the vehicle, as well as provide identification details of the transport vehicle (e.g. car carrier). The person collecting the vehicle must present: (i) the collection authorization; and (ii) an identity document. Euroleasingauto shall have the right to make copies of such documents for identification purposes.
(2) If the vehicle is not collected within the specified period, Euroleasingauto shall have the right to charge the Buyer a storage fee of EUR 10 per day until the vehicle is collected.
(3) As this concerns the sale of used vehicles, the transaction is carried out on an “as-is” basis, meaning that no warranty applies, in accordance with Article 6.350¹ of the Civil Code of the Republic of Lithuania.
Vehicle descriptions, technical data, registration information or any other information provided on the Platform shall be considered informational only and shall not be deemed a guarantee or a contractual characteristic of the vehicle.
The Buyer must inspect the vehicle upon collection in order to determine whether it corresponds to the description provided in the auction. Any deviations or defects reducing the value of the vehicle must be properly reported within 48 hours to the Seller. The inspection and notification period for apparent defects shall commence from the moment the vehicle is handed over to the Buyer.
If defects could not be identified at the time of collection due to their nature (e.g. engine or gearbox issues), such defects must be reported within 7 business days, accompanied by an inspection report from an authorized service center. If no notification is submitted within the specified time limits, the vehicle shall be deemed accepted without claims.
(4) Notifications of defects must be sent to Euroleasingauto via email at: support@euroleasingauto.com
(5) Defects resulting in a value reduction of up to EUR 350 shall be considered insignificant and shall not be taken into account. The same shall apply to vehicles that have been collected and driven more than 100 km by the Buyer.
In the case of electric vehicles, the Seller shall not assume any liability for the condition of the battery.
§8 Third-Party Content
(1) Users are prohibited from placing content (e.g. links or frames) on the Marketplace that violates legal provisions, regulatory requirements or public order. Furthermore, Users are prohibited from uploading any content that infringes the rights of third parties, in particular copyrights or trademark rights.
(2) The Platform Operator shall under no circumstances adopt third-party content as its own. The User guarantees to the Platform Operator and other Users that, within the context of auctions, the goods and services offered by them do not infringe any copyrights, trademarks, patents or other intellectual property rights or trade secrets of third parties.
(3) Euroleasingauto reserves the right to block third-party content if such content is deemed to violate applicable laws or is clearly intended to facilitate criminal activity.
(4) The User shall indemnify Euroleasingauto against all claims asserted by third parties against Euroleasingauto due to the infringement of their rights or violations of law arising from content and/or offers uploaded by the User. The User shall also bear all legal defense costs incurred by Euroleasingauto in this regard, including court costs and attorneys’ fees.
§9 Additional Obligations of the User
(1) The User shall be obliged to:
(a) implement and maintain appropriate data security measures throughout the duration of the contract. This includes, in particular, careful and responsible handling of login credentials;
(b) immediately notify Euroleasingauto of any technical changes within their area of responsibility if such changes may adversely affect the provision of services or the security of the Marketplace;
(c) assist in the investigation of attacks on the Marketplace to the extent that such assistance is necessary.
(2) The User undertakes to refrain from any actions that could endanger or disrupt the functionality of the Marketplace and shall not access any data for which they are not authorized.
Furthermore, the User must ensure that any information transmitted via the Marketplace and any data uploaded to the Platform are free of viruses, worms or Trojan horses.
The User shall compensate Euroleasingauto for any damages resulting from a breach of these obligations, to the extent that they are responsible, and shall indemnify Euroleasingauto against all third-party claims, including legal and court costs incurred as a result of such breach.
§10 Data Processing and Confidentiality; Protection of Secrets
(1) Euroleasingauto’s servers are protected in accordance with the current state of technology, in particular by firewalls.
However, the User acknowledges that data transmitted over public networks may be intercepted. This applies not only to email communication but also to integrated information systems and any other data transmission.
Accordingly, Euroleasingauto cannot guarantee the confidentiality of data transmitted by the User when using the Marketplace.
(2) The User agrees that Euroleasingauto may store non-personal data and information about auction processes and User activities in anonymized form and may use such data for marketing purposes, such as preparing statistics and presentations.
(3) Euroleasingauto shall be entitled to process and store non-personal data received from the User in connection with the business relationship for the duration of the contract.
In particular, the User consents that:
(a) Euroleasingauto may store and process company data and invoicing data provided during registration and any updates submitted by the User;
(b) Euroleasingauto may store data uploaded by the User in connection with representation of the User’s company within the Platform;
(c) Euroleasingauto may store non-personal data relating to transactions and may make such data available to other Users and, where applicable, to the public, if the User chooses to make such transactions publicly visible.
(4) In all other respects, Euroleasingauto shall treat all User-related data designated as confidential as confidential and shall use such data only in accordance with these Terms.
Euroleasingauto reserves the right to disclose such data if required by law or regulatory authorities.
(5) Personal data is governed by Euroleasingauto’s Privacy Policy.
§11 Assignment and Set-off
(1) The User may not assign their rights arising from the contractual relationship with Euroleasingauto, in whole or in part, to third parties.
(2) Set-off against Euroleasingauto shall only be permitted if the counterclaims have been legally established by a final court decision or are undisputed, unless the counterclaim is directly related to the claim subject to set-off.
§12 Final Provisions
(1) The contractual relationship between the parties shall be governed by the laws of the Republic of Lithuania, excluding the application of the United Nations Convention on Contracts for the International Sale of Goods (CISG).
Jurisdiction for all disputes shall lie with the courts of the Republic of Lithuania.
Euroleasingauto shall also have the right to bring legal proceedings at the User’s place of general jurisdiction.
(2) If any provision of these Terms becomes invalid or unenforceable or conflicts with legal requirements, this shall not affect the validity of the remaining provisions.
The parties shall replace the invalid provision with a valid provision that most closely reflects the economic purpose of the invalid provision.
In the event of gaps in the contract, the same principle shall apply mutatis mutandis.