Version of 5th September, 2024
1. Objective and scope of application
- Usage of the eany.io platform implies and presupposes consent by the respective user to the current general terms and conditions (“Terms”).
- The Terms apply to all sales and purchases of any goods and (or) services conducted by users through the eany.io platform (any persons engaging in any manner of transactions through the eany.io platform are hereby referred to as “users”) in their version effective at the time when a respective purchase order is placed.
- Eany.io is an online business-to-business (B2B) trading platform operated by UAB 1EAN, a company registered in the Republic of Lithuania, company code: 306673412, registered address: Verkių g. 25C-1, Vilnius, LT- 08223 Vilnius, Lithuania (“EANY”). EANY is not an agent or representative of any of the users who engage in transactions through the eany.io platform.
- As operator of the eany.io platform, EANY is neither a seller nor a buyer of goods and services sold and bought through the platform, except if and when EANY or its related entity is specifically acting in that capacity through its own account registered on the eany.io platform. In the latter case the present Termsapply to EANY or its related entity equally as they do in respect of all platform users.
- The eany.io Privacy Policy forms an integral part of the current Terms.
- Any side-agreements concluded between users may not be held against EANY. EANY may decide, at its sole discretion, that any side-agreements concluded between users in relation to transactions conducted through eany.io are contrary to these Terms. Any unlawful side-agreements concluded between users are in all cases contrary to these Terms.
2. Registration and annulment of accounts
- Purchases on eany.io are allowed only through accounts registered in accordance with the requirements for such registration described on the eany.io website. Sales on eany.io are allowed only through accounts individually arranged with and vetted by EANY.
- The maximum number of accounts per single user is unlimited.
- Accounts on eany.io may not be created or used for criminal or otherwise illegal purposes or for other purposes than trading through the eany.io platform.
- In respect of users who created or used accounts in a way contrary to these Terms or the applicable laws, EANY may unilaterally and without any prior notification to the user:
- Annul all accounts held by the offending user. Any orders not contrary to these Terms which have already begun to be executed when a user account is annulled shall be executed to their conclusion, unless they are cancelled in accordance with these Terms; and (or)
- Ban the offending user and any related users from creating new accounts indefinitely or for a term of EANY’s choice.
- EANY shall not be liable for any direct or indirect damages in connection to its decision to annul user accounts incurred by users whose accounts have been annulled in accordance with these Terms, and (or) by users which engaged or intended to engage in trading with the former users.
- Any contact information indicated by the user at registration is deemed to be appropriate means for EANY to send notices to the user regarding matters related to the use of the eany.io platform.
3. Selling on eany.io
- Users offering and (or) selling goods and (or) services (“sellers”) to other users seeking to buy and (or) buying said goods and (or) services (“buyers”) through the eany.io platform shall have the same rights and obligations, in addition and (or) subject to these Terms, which would be held by a seller under Chapter XXIII of Book 6 of the Civil Code of the Republic of Lithuania when engaging in a sale-purchase transaction directly with a buyer. It is acknowledged that, when acting as operator of the eany.io platform, EANY does not undertake the rights and obligations undertaken by the seller in respect of the buyer. Title to the goods sold over eany.io passes directly from the seller to the buyer.
- Sellers hereby agree that information as to their identity (including name, identification code, corporate form) and basic contact details (including registered address, telephone number, e-mail) shall be published on the eany.io platform and shall duly update such information in case of changes or inaccuracies. EANY is not responsible for the accuracy of the published information as to identity and contact details of the sellers.
- Sellers shall provide comprehensive information within the in-platform listing about the characteristics and selling conditions regarding the goods and (or) services they are offering to sell, including: their stock availability, production (procurement) deadlines, full standard price per unit (including taxes, except for VAT, excise and import tariffs) in euro, shipping terms and charges (if applicable) to the buyer or to the EANY cross-dock warehouse, all other material characteristics and selling conditions.
- Incomprehensive and (or) inaccurate information in listings, especially if systematic, are contrary to these Terms and may result in the seller’s account being annulled. EANY shall not be responsible for correcting any faults present in listings. EANY shall not be liable for any malicious links to third-party websites contained in listings.
- Sellers shall be directly liable to buyers for supplying goods and (or) services of suitable quality, as required under the laws of the Republic of Lithuania. EANY, in its capacity as operator of the eany.io platform, does not guarantee product or service quality, and shall not be held liable for any damages, whether direct or indirect, related to unsuitable product or service quality.
- A purchase order on eany.io must be accepted by the seller in order to be executed. Acceptance or rejection of a purchase order shall be performed and communicated to the buyer not later than within 1 (one) business day (according to the location of the seller) of the order being placed. If for any reason after accepting an order the seller is unable to execute it, he must inform the buyer within 3 (three) business days (according to the location of the buyer) from the day when the order was placed. In such a case:
- The buyer may cancel the order, in which case the buyer is entitled to reimbursement of any sums paid and any expenses directly incurred, including any commissions which were paid to EANY, to be covered by the seller; or
- If offered to do so by the seller, the buyer may choose to change his order into an alternative one offered by the seller on eany.io. In such a case the earlier order is cancelled, and a new order is created. Seller shall cover commissions payable to EANY.
- The seller may cancel an order which was accepted by the buyer but has not been fully paid for according to the applicable payment terms within 3 (three) business days (according to the location of the buyer) without suffering any negative consequences under the present Terms. If the price was partially paid, the seller shall reimburse it to the payer within 14 (fourteen) calendar days.Refusals to accept orders without justifiable cause or execute an accepted and paid order, especially if such refusals are systematic, are contrary to these Terms and may result in the seller’s account being annulled.
4. Buying on eany.io
- Buyers buying goods and (or) services through the eany.io platform shall have the same rights and obligations, in addition and (or) subject to these Terms, which would be held by a buyer under Chapter XXIII of Book 6 of the Civil Code of the Republic of Lithuania when engaging in a sale-purchase transaction directly with a seller. It is acknowledged that, when acting as operator of the eany.io platform, EANY does not undertake the rights and obligations undertaken by the buyer in respect of the seller.
- Buyers shall conduct their communication with sellers exclusively through the in-platform messaging tool, regardless of how they were contacted by the seller. Any communications conducted outside of the in-platform messaging tool may not be held against EANY.
- Buyers shall provide accurate and sufficient information for the seller to determine the recipient of the goods or services sold, and the location to which they are to be delivered. EANY is not responsible for the accuracy of the published information as to identity and contact details of the buyers.
- Buyers must pay for their orders in accordance with the payment terms agreed upon with the seller. Generally payment is made upon delivery, but a seller may indicate different terms. Payment is made through eany.io and processed by EANY.
- Invoices are delivered to buyers via e-mail address indicated in their account information.
- Upon receiving the goods delivered or services rendered, the buyer shall review them for any visible defects and (or) discrepancies with the order. If no visible defects or discrepancies are identified, the buyer shall accept the delivered goods. If visible defects or discrepancies are identified, the buyer shall inform the seller of the respective defects or discrepancies in writing not later than within 3 business days of their delivery. The buyer and seller shall arrange directly as to possible ways of compensation, without prejudice to the buyer’s ability to lodge complaints to EANY as to possible infringements of these Terms, or engage in other means of dispute resolution.
- When goods sold on eany.io have a sales guarantee or warranty issued by supplier(s) of the seller or the original manufacturer (OEM), the seller shall pass such guarantee or warranty to the buyer, subject to the terms and conditions applicable to the respective guarantee or warranty. The seller shall offer support to the buyer in handling/intermediating warranty claims to supplier(s) of the seller or the OEM. Warranty repairs are handled by OEM certified service centres both locally and globally according to the terms set by the OEM and/or supplier(s) of the seller. Sellers on eany.io do not provide any sales guarantees for goods or services sold through eany.io, unless stated otherwise expressly and in writing. EANY does not in any case provide any sales guarantees for goods or services sold through eany.io.
- Eany.io is a business-to-business (B2B) trading platform. Buyers who conduct transactions through eany.io confirm that any goods and (or) services purchased through eany.io are purchased for business purposes. Laws regulating consumer protection are not applicable to transactions conducted through eany.io.
- Any comments, reviews regarding sellers on eany.io or their listings must not be illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. EANY reserves the right to remove any comments or reviews at any time at its sole discretion, but is not bound by any obligations to exercise this right. Comments or reviews posted on eany.io grant EANY a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content in any media.
5. User complaints
- Users who believe that their lawful interests were infringed by other users on the eany.io platform or by EANY may lodge a complaint to EANY. The complaint must contain a sufficiently detailed description of their grievance and all necessary supporting evidence and documentation.
- Upon receiving a complaint EANY shall respond as to whether any additional explanations and (or) supporting evidence is needed in order to assess the complaint.
- EANY shall respond to the aggrieved user by (either):
- Dismissing the complaint as unfounded and giving its motives to that effect to the aggrieved user; or
- Deciding that another user on the eany.io platform has infringed these Terms to the detriment of the aggrieved user, in which case EANY shall give its motives to both the aggrieved and the infringing user, and shall:
- Recommend that the infringing user settle the complaint of the aggrieved user without threat of annulment of the infringing user’s account; and (or)
- Recommend that the infringing user settle the complaint of the aggrieved user, failing which the infringing user’s account may be annulled; and (or)
- Offering the aggrieved user that EANY shall settle his complaint from its own account in whole or in part, in exchange for which the aggrieved user shall transfer its claim in respect of the infringing user to EANY. If the aggrieved user had, in addition to the complaint procedure, also engaged in other methods of dispute resolution against the infringing user, he must duly inform EANY.
- During the course of its investigation EANY may request explanations and additional evidence from both the aggrieved and the suspected infringing user.
- Initiation of the complaint procedure under these Terms does not preclude the aggrieved user from simultaneously engaging in other methods of dispute resolution against the suspected infringing user.
6. Applicable law and dispute resolution
- These Terms, as well as the legal relationships between users when conducting transactions through eany.io shall be governed by the laws of the Republic of Lithuania.
- Disputes regarding use of the eany.io platform shall be resolved by:
- For disputes between users of the eany.io platform (including EANY, if acting in the capacity as regular seller or buyer on the platform) shall be resolved by the courts of the jurisdiction in which the respondent is located;
- For disputes between users and EANY (acting in the capacity of platform operator) shall be resolved by the courts of the Republic of Lithuania.
- These Terms shall not restrict the right of users to engage in dispute resolution proceedings against other users and (or) against EANY. However, both parties of a dispute which relates to transactions through eany.io shall inform EANY of the dispute and provide basic information as to the content of the dispute.
7. Final provisions
- The Terms in their current version become effective on the subsequent calendar day after they are published on the eany.io website.
- EANY may unilaterally alter or amend these Terms at any time of its choosing.
- All content included in or made available through eany.io, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of EANY or its content suppliers and protected under applicable copyright laws. The compilation of all content included in or made available through eany.io is the exclusive property of EANY and protected under applicable copyright laws.
- Graphics, logos, page headers, button icons, scripts, and service names included in or made available through eany.io are trademarks or trade dress of EANY. EANY trademarks and trade dress may not be used in connection with any product or service that is not EANY’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits EANY. All other trademarks not owned by EANY that appear in eany.io are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by EANY.
- Notices between users may be sent via the in-platform messaging tool and the contacts specified by the addressee user on his account profile. Notices to EANY may be sent to:
UAB 1EAN
Verkių g. 25c-1
LT-08223 Vilnius
Lithuania
Or via https://eany.io/
- Users may not reverse engineer, decompile or disassemble, tamper with, or bypass any security associated with the eany.io software, whether in whole or in part.
- If any clause within the current conditions is, or becomes invalid, or appears to be unachievable according to the applicable law, the said clause would be invalidated, but only that specific clause, and this would not affect any other clause within the current conditions.