1. General provisions
1.1. This document is a contract between www.fishgear.lt (hereinafter - the Supplier) and you (hereinafter - the User) regarding the use of the fishgear.lt website.
1.2. By using the fishgear.lt website in any way and form, the user confirms that he is familiar with the terms and conditions of this agreement (hereinafter - the Rules), agrees with the Rules and undertakes to comply with them. Users who do not agree with at least one condition of the Rules do not have the right to use the services of fishgear.lt. The "Privacy Policy", "Frequently Asked Questions" parts of the website are an integral part of the Rules.
1.3. The User's use of the Website includes any User's actions - placing and viewing advertisements, reading any information, asking, writing questions, feedback and comments, writing direct messages, submitting, sending and receiving any kind of information and/or data, but not limited to ( hereinafter - Services). Website user is a person who has placed or wishes to view an Advertisement or uses the Website Services in any other form (hereinafter referred to as the User).
1.4. Content in this agreement means the Advertisement, as well as any information, including data, databases, symbols, text, photographs, images, video material, files, documents, comments, messages, but not limited to, which the User submits, receives, stores, sends , receive or transmit through the use of the Website (hereinafter - Content).
1.5. The User understands and agrees that the Provider does not control the Content of other Users of the Website or third parties that the User may receive, read or otherwise learn about while using the Website, therefore the Provider will not be responsible for such Content.
1.6. The Supplier does not participate in the purchase and sale or other transactions related to the goods and/or services provided on the Website between Users (either as an intermediary, authorized person, representative, agent or otherwise).
1.7. If any provision of these Rules is contrary to law or becomes partially or completely invalid for any reason, it does not invalidate the remaining provisions of the Rules.
1.8. The User acknowledges and agrees that he is solely responsible for all Content that he submits, sends or otherwise transmits through the use of the Site.
1.9. The supplier has the right to unilaterally change the services provided by fishgear.lt and their taxation, as well as any provisions of the Rules. You will be informed about the changed Rules by e-mail and/or in an information notice on the Website. The current version of the Rules can be consulted at any time on the Website.
1.10. Before the change of the Website Rules, the services ordered are provided in the manner and terms as established in the Rules in force at that time.
1.11. All communications and information between the User and the Supplier will be sent by electronic means to the addresses specified in these Rules or on the Website, unless otherwise specified in these Rules.
2. Intellectual property rights
2.1. The Supplier is the owner of all rights to the content of the Website, including copyright, intellectual property rights, trade names, trade secrets and has the exclusive right to use them. All trademarks, designs, names, logos, etc. presented on the Site are the property of the Supplier or the Supplier is legally using the rights granted by third parties, except for those trademarks uploaded by the Users of the Site.
2.2. Any processing, copying and/or other use of the content, design of fishgears.lt by third parties without the written permission of the Supplier and/or in violation of the Rules is a violation of copyright and other rights, punishable under the laws of the Republic of Lithuania. This restriction does not apply to Users with respect to their Ads.
2.3. By using the Website and entering or otherwise sending Content, the User grants the Supplier, free of charge, for an unlimited period of time, all proprietary copyrights necessary for the Supplier to exercise its rights and obligations arising from these Rules. The Supplier has the right to create derivative works from the Content provided by the User.
2.4. Each time the User submits Content, the User confirms and warrants to the Supplier that he has all rights, permissions, consents, licenses to perform actions with the Content, use the trademarks and copyright objects contained in the Content, and make the Content publicly available. Neither the Supplier nor any other third party, using the Advertisements and/or other content provided by the User, will be obliged to pay the User royalties or other remuneration for the use of such content.
2.5. By using the Website, the User confirms that he is a competent natural person and/or legally representing a legal entity and/or other third parties on whose behalf he acts, having all the authority and rights to carry out transactions offered on the Website.
3. User rights and responsibilities. The user undertakes:
3.1. When using the Website, observe and not violate recognized norms of behavior and morality, not to violate the requirements of legal acts and the rights and legitimate interests of third parties, including legal acts regulating the protection of intellectual property, protection of personal data, regulation of advertising and others.
3.2. Not to use the Website in a way that may cause a threat to the proper functioning of the services provided by the Supplier, the security of fihgear.lt's server and data, or limit fishgear.lt's ability to properly provide any services to other persons.
3.3. Not to use malicious software and other unwanted Content, as well as not to send e-mails and other electronic messages with the intention of affecting or with the understanding that this will affect the operation of the computer equipment owned by the owners of computer networks.
3.4. Do not post links to any Content that may be deemed to violate the requirements of applicable laws or the rights of third parties.
3.5. Not to use the Website to perform actions that could harm any person, their property or legitimate interests.
3.6. The ability of other persons to use any services provided by the Supplier is not restricted.
3.7. It is prohibited to use the Website for illegal purposes, including, but not limited to: submitting, publishing, sending and/or storing on the fishgear.lt website content that is offensive, threatening, defamatory, discriminatory, pornographic, incites national, ethnic, racial, religious hatred, violates any whose person's right to image, name, privacy (addresses, personal identification number, etc.), honor and dignity, professional reputation or other rights and freedoms.
3.8. Not to use the Site for illegal acts or transactions or for fraud.
3.9. Not to offer goods or services, the sale of which is contrary to legal acts or moral and ethical norms.
3.10. Do not publish information that mentions third parties directly or indirectly competing with fishgear.lt or the goods or services of such persons, as well as references to such persons or products.
3.11. Do not collect, publish or distribute Website Users' data or data about offered, searched goods or services.
3.12. Provide correct and complete information about yourself, including your real name, phone number, e-mail postal address and other required information.
3.13. Provide correct, comprehensive and detailed information about the goods and/or services offered for sale.
3.14. Store the User's login data (if provided to the User) in such a way that it is not known to third parties, except for persons authorized by the User to represent the User when using the Website.
3.15. Immediately email to notify the Website by mail if the User's login data and/or password, which are required to use the Website, have been lost or become known to third parties.
3.16. The User understands that the User may be obliged to pay taxes related to the use of the Website services (eg VAT, personal income tax, etc.) at his own expense.
3.17. The User understands and agrees that if the User's login data becomes known to third parties, such third parties may assume obligations that will become binding on the User and undertake to assume and properly fulfill such obligations. The Provider has no obligation to verify the identity of any Users.
3.18. The User understands and agrees that the Supplier will process and manage the User's personal data in accordance with the legal acts of the Republic of Lithuania.
3.19. Users who are under 16 years of age confirm that before offering a product or service, they have obtained the consent of legal representatives (e.g. parents, legal guardians) to offer a product or service, enter into a transaction and fulfill the obligations arising from it. Such Users understand all provisions of the Rules and understand that using the Site may result in a legal obligation to purchase or sell a product or service.
4. Requirements for the content of Ads and other conditions for placing Ads
4.1. By placing the Advertisement, the User assumes full responsibility for the compliance of its content with the terms of the Rules and the legal acts of the Republic of Lithuania. By providing data in the advertisement, the User confirms and guarantees that the information provided is true, accurate and complete, the information provided must properly describe the offered goods or services.
4.2. The advertisement must be placed only in the dedicated category of the website fishgear.lt.
4.3. Only 1 (one) Advertisement of the same object can be placed and displayed in the same advertisement category.
4.5. The advertisement of the sold item must be deleted. A new ad must be created to sell another of the same item. Placing a new object on the basis of an old ad is prohibited.
4.6. Photographs must depict the proposed object. It is forbidden to place any graphic images/letters/numbers/persons (eg logos, handwritten notes, phone numbers, names) or a combination of photos with graphic images/letters/numbers in place of photographs of the proposed object. Restrictions do not apply to the "Services" category. The supplier reserves the right to edit the photos by rotating them or changing the order of the photos, as well as to delete photos that do not represent the object of the Advertisement, photos that depict persons or modified graphic images.
4.7. In case of suspicion of possible illegal activity by the User, the Ads placed by the User may be blocked.
4.8. The user is prohibited from:
4.8.1. Offer different objects or services in the advertisement (comments, photos) than those specified in the main information of the advertisement, provide false information about the properties of the advertised object;
4.8.2. In the comments of the advertisement, indicate a price other than the one indicated in the main information or a price that does not correspond to the real market value.
4.8.3. In the advertisement, it is forbidden to offer an object that has been sold or that the User does not have the right to dispose of. The User who placed the ad must actually have such a proposed object.
5. Consequences of violating the rules
5.1. When placing an Advertisement, the User must comply with the instructions for placing the Advertisement specified on the Website and these Rules. Depending on the nature of the violation, the Supplier has the right to edit Ads that do not comply with the Rules or legal acts of the Republic of Lithuania, to block their visibility for all Users.
5.2. Users are informed about the sanctions applied for the violation of the Rules through the contacts indicated in the advertisement. The Supplier's right specified in this point does not exempt the User from responsibility for the compliance of the information provided with reality and legal acts. In case of violation of the rules, the ordered services are canceled and the money is not returned.
5.3. Without a separate warning, the Supplier may take steps to edit the Advertisement if the entry in the Advertisement differs from the image seen in the photographs.
5.4. Ads placed in the wrong category are blocked or moved to the right category.
5.5. The Supplier reserves the right to terminate or limit the User's access to the Website, the use of the Website's services at any time without prior notice, as well as, at the Supplier's discretion, to remove Ads or any other Content from the Website if the User does not fulfill or improperly fulfills the obligations assumed in these Rules, violates applicable laws or is contrary to good morals.
6. Supplier's rights and obligations
6.1. The Supplier has full right to change the Website, functions, services, Website name and/or internet domain through which the Website is accessed, any Website Content at any time without notifying the User. The User understands and agrees that the Supplier will not be held responsible for any negative consequences for the User caused by such and other similar actions.
6.2. The Supplier has the right to terminate the Website at any time without prior notice.
6.3. Without a separate notification to the User, to use third parties to perform any actions related to these Rules, as well as to transfer to third parties their rights and obligations arising from these Rules or part of them.
6.4. The Supplier has the right to delete the User's account without warning if it has not been accessed for more than 2 (two) years.
6.5. The Provider has the right to monitor the User's actions on the Website at any time, including monitoring the User's Ads and/or messages and comments. Using legal means, the Supplier has the right to investigate any violations of the Rules.
6.6. The Supplier reserves the right to terminate or limit the User's access to the Website at any time without prior notice if:
6.6.1. In the opinion of the supplier, it is required by the technical maintenance and/or updating of the Website;
6.6.2. It is required by the competent authorities or it is necessary in the cases provided for by the laws of the Republic of Lithuania and other legal acts;
6.6.3. This is necessary in order to protect the rights and legitimate interests of the Supplier or third parties;
6.6.4. The Supplier suspects that the User caused or may cause a threat to the safety of other users of the Website by using the services;
6.6.5. By using the Website, the User causes damage to the Website or the reputation of the Website;
6.6.6. In other cases specified in the Rules.
7. Paid services
7.1. Paid services, service prices and the procedure for their use are indicated on the Website in the order environment of a specific paid service.
7.2. The User understands and agrees that paid services can be provided only after the User pays the Supplier for the paid services in accordance with the procedure specified on the fishgear.lt website. The supplier has the right to unilaterally change service prices and payment procedures at any time.
7.3. If the User's ability to use paid services is restricted or suspended or if the User does not receive paid services or does not receive paid services on time for reasons other than the User's violation of these Rules, the Supplier, at the User's request, undertakes to extend the provision of paid services to the User for the period during which paid services were not provided, or to provide paid services free of charge services analogous to non-provided paid services.
7.4. After 1 hour after the order, the additionally ordered services cannot be canceled and the money is not returned.
7.5. Payment for Ads that have been canceled and/or removed because the User violated the provisions of these Rules is not refundable.
7.6. The supplier has the right to limit or stop the provision of services for an unlimited period of time during preventive works.
7.7. The supplier has the right to receive payment for the services provided according to the prices indicated on the Website. For that purpose, upon the User's request, the Supplier will provide the User with an invoice.
8. Limitation of Liability
8.1. The supplier is only responsible for the technical placement of the information presented in the Advertisement on the fishgear.lt website, if the Advertisement meets all the requirements of the Rules, and for the technical support of the database of this website.
8.2. The supplier is not responsible for the inconsistency of the information presented in the advertisement and their content. The Supplier is not responsible for damage caused to the User or third parties due to the content of the Advertisement and/or their placement on fishgear.lt.
8.3. The Supplier is not responsible for the quality of items and/or services sold or purchased using the Site.
8.4. The Provider is not responsible for any damage and/or losses that the User may suffer when using the Website, posting, sending and transmitting any information, including comments and/or messages, in any other way.
8.5. The User undertakes to ensure that the Supplier never incurs any legal responsibility, obligation to pay, compensate or otherwise compensate for losses, damages or other expenses incurred as a result of the User's use of the Website.
8.6. The Supplier is not responsible for losses or damages suffered by the User or third parties due to malfunctions of the Website that are not the fault of the Supplier.
8.7. The Supplier is not responsible for the illegality, inconsistencies, inaccuracies or errors of the information on the Website (except for the information provided by the Supplier himself) and the resulting negative consequences for the User.
8.8. The Supplier is not responsible for services not provided to the User or not provided on time due to the fault of third parties, including, but not limited to, internet, mobile communication providers, e-mail service providers. If the User cannot use the paid services due to the fault of third parties, the payment for the paid services will not be returned to the User.
8.9. The user is responsible for the proper use and storage of login data, editing code. The Supplier is not responsible for the damage that the User may suffer due to the use of this information by third parties.
9. Applicable Law
9.1. In addition to these Rules, the provisions of the legal acts of the Republic of Lithuania, special conditions and rules, as well as established good business practices are applied to regulate the relationship between the User and the Website.
9.2. The website is operated in accordance with the legal acts of the Republic of Lithuania. Any disputes arising from or related to the operation of the Website will be resolved through negotiations, and if no agreement can be reached - in the courts in accordance with the laws of the Republic of Lithuania.
9.3. The User must first submit a request and/or complaint regarding the Website's activities and services in writing to the Supplier with the specified requirements. Please send requests and/or complaints to: [email protected]. If the consumer does not agree with the Supplier's answer, he can apply to the State Consumer Rights Protection Service.
9.4. The rules come into force from the moment the User confirms that he agrees with them and will be valid for the entire duration of the relationship between the User and the Supplier.