Terms of Use

TERMS OF USE FOR BUYERS

1. General provisions

1.1. These Terms of Service for Buyers (the “Terms”) govern your access to and use of the online marketplace available at rrr.lt/en (the “Platform”) and the services we provide through it (the “Services”). “Ovoko”, “we”, “us” and “our” mean OVOKO, UAB.

1.2. The Services include:

1.2.1. providing a platform that enables Buyers and Sellers to conclude sale contracts for goods (the “Products”); and

1.2.2. providing supporting services described in these Terms, such as payment facilitation, shipping tools, customer support, dispute resolution assistance, and other Additional Services.

1.3. These Terms are intended for Users who use the Platform to purchase Products. If you wish to sell Products, different rules apply – the Terms of Use for Sellers.

1.4. By using the Platform or Services you confirm that you have read, understood, and agree to be bound by these Terms. If you do not agree, you must not use the Platform or Services.

1.5. “Use” of the Platform includes any activity performed through the Platform, including browsing, purchasing/ returning (if applicable) Products, making/receiving payment, using warranty, if applicable (section 10 of these Terms), receiving, reading and reviewing information, submitting, sending, and receiving information and data of any kind.

1.6. If you use the Platform on behalf of a legal entity, you confirm that you have authority to bind that entity to these Terms and to conclude Purchase Agreements (defined below) on its behalf.

1.7. Definitions. Capitalized terms have the meanings in this Section 1.7 or, where stated, where first defined in the text:

1.7.1. “Account” – has the meaning assigned to in Section 3.1 of these Terms.

1.7.2. “Additional Services” – fee-based services provided by us to Buyers, as described in Section 8 to 10 of these Terms, if applicable.

1.7.3. “Buyer” – a person placing an order for Products on the Platform.

1.7.4. “Chat” – the Platform messaging feature enabling communication between you and Sellers, as described in Section 11 of these Terms.

1.7.5. “Consumer” – a natural person acting for purposes outside their trade, business, craft or profession.

1.7.6. “Customer Support” – the OVOKO’s customer support channel(s), administered by OVOKO and made available on the Platform through https://rrr.lt/en/contacts, through which Users may submit inquiries, complaints, notices, and other requests related to the Platform, the Services, and their orders.

1.7.7. “Damage Report” – the document to be completed upon acceptance of the Product from the shipping service provider if the packaging shows visible material damage, such as being crushed, torn, or open.

1.7.8. “Free Return” – the Additional Service described in Section 9 that allows eligible Products to be returned within 14 days from delivery with free return shipping.

1.7.9. “Listing” – a product offer published on the Platform.

1.7.10. “Price” – the total price payable for the Product(s), including the applicable Service Fee and shipping fee, if any, as displayed at checkout.

1.7.11. “Products” – goods offered for sale on the Platform.

1.7.12. “Purchase Agreement” – a contract for sale of Products between Seller and Buyer formed via the Platform.

1.7.13. “Purchase Order” – a confirmation of the Products purchased and the Purchase Agreement(s) concluded with the relevant Sellers, and the main document used to track order status and, where applicable, to initiate returns and warranty claims for each Product.

1.7.14. “Seller” – the person or entity offering and selling Products on the Platform, as identified in the relevant Listing. Where OVOKO is the seller of Products (Section 4.3), OVOKO is treated as the “Seller” for the purposes of these Terms.

1.7.15. “Service Fee” – applicable fee for the Additional Services provided to you by us.

1.7.16. “User Content” – any information, text, images, messages, documents, reviews, ratings, or other materials that you submit, upload, publish, send, or otherwise make available through the Platform.

1.7.17. “User” means any natural person or legal entity that accesses or uses the Platform, including a Buyer and a Seller.

1.7.18. “Warranty” means the Additional Service available for certain eligible Products on the Platform, provided and administered by OVOKO’s warranty partner, Cover Genius Europe B.V., under its applicable terms and conditions, and separate from any legal guarantee of conformity or other statutory remedies available under applicable law.

1.8. If these Terms conflict with any mandatory information shown at checkout or any policy page expressly incorporated into these Terms, the following order of precedence applies: (a) mandatory checkout information, (b) the relevant policy, (c) these Terms.

2. Who are we?

2.1. The Platform is operated and the Services are provided by OVOKO, UAB, company code 304401253, registered office Paneriu str. 43, 4th floor, LT-03202Vilnius, Lithuania.

2.2. The Platform is an online marketplace enabling Buyers and Sellers to conclude purchase agreements directly with each other. Unless expressly stated otherwise, we are not a party to those agreements and only provide the Platform and related Services described in these Terms.

2.3. Our single point of contact for recipients of the service under Regulation (EU) 2022/2065 is Customer Support. Our single point of contact for Member State authorities, the European Commission, and the European Board for Digital Services under that Regulation is [email protected].

2.4. We provide support and accept communications in Lithuanian and English. Additional languages, if available, are listed on the Platform.

3. Registration and Account

3.1. For more convenient use of the Platform and access to certain functionalities, you may create an account (the “Account”) by providing the information requested during registration and accepting these Terms of Use and the Privacy Policy. The Platform also allows you to search for and purchase Products without creating an Account, provided that you submit the information required to conclude the relevant Purchase Agreement and pay the Price.

3.2. You are responsible for keeping your login credentials secure and must not disclose them to third parties. All actions taken through your Account using your credentials are deemed to be your actions, and you bear responsibility for them to the maximum extent permitted by law.

3.3. If you breach this Section 3, we may, in addition to our other rights under these Terms or applicable law, immediately and without prior notice apply any of the measures described in Section 15 of these Terms.

3.4. You must use your own email address and, where applicable, your own other identifying information when purchasing Products. You must not create or use multiple Accounts to circumvent any restrictions, suspensions, or enforcement measures. If you require additional access for your staff, you must use the user access features made available on the Platform, where applicable.

3.5. You must not: (a) transfer your Account or login credentials to third parties; (b) take any action that may endanger the security of the Platform or its databases; (c) reproduce or replicate the Services or any part thereof.

4. Our role

4.1. We provide an intermediary online platform service within the meaning of Regulation (EU) 2022/2065 (Digital Services Act). The Platform is an online platform as defined in that Regulation.

4.2. Except as provided in Section 4.3, we are not the owner or seller of the Products offered on the Platform. The Seller is identified in the Listing for the relevant Products.

4.3. For certain Products, we are the Seller. This will be clearly indicated in the relevant Listing and at checkout. Where we are the Seller:

4.3.1. we are treated as the “Seller” for the purposes of these Terms, and all Seller obligations and rights under these Terms apply to us;

4.3.2. the Purchase Agreement is formed directly between you and us;

4.3.3. we are responsible for the description, quality, conformity, delivery, returns, refunds, complaint handling, and all pre-contractual and contractual information obligations required by applicable law in respect of those Products;

4.3.4. Sections 4.4 and 4.5 (marketplace intermediation disclaimers) do not apply;

4.3.5. we will issue invoices directly for such Products.

4.4. Where OVOKO is not the Seller, you order and purchase Products directly from the Seller, not from us. Although OVOKO may assist you and/or the Seller with delivery, returns, payments, dispute resolution, other Services, and the Warranty, where applicable, OVOKO is not a party to the Purchase Agreement concluded between you and the Seller. We act on behalf of the Seller and are authorised to conclude Purchase Agreements (as defined in Section 5.4) on the Seller’s behalf, to collect payments from you on the Seller’s behalf, and, if there is no basis for a refund, to transfer those amounts to the Seller.

4.5. To the maximum extent permitted by applicable law, and unless otherwise expressly stated in these Terms, we:

4.5.1. are not responsible for the accuracy or completeness of Listings and information about Products provided by Sellers;

4.5.2. are not responsible for the legality, quality, safety, labelling, delivery, exchange, return, or statutory guarantee (legal conformity guarantee) of Products;

4.5.3. are not responsible for whether or how the Seller concludes or performs the Purchase Agreement;

4.5.4. do not control or guarantee the Seller’s reliability or solvency; and

4.5.5. are not liable for damage connected with any of the above matters.

This does not limit our obligations under applicable law or our responsibilities for our own Services.

4.6. Nothing in these Terms limits mandatory consumer rights under applicable law.

5. Purchasing Products

5.1. You may order Products from a Seller by placing an order through the Platform. You are responsible for ensuring that orders are placed only by you or the person you authorize. Subject to Section 5.4, all orders placed through your Account are binding on you to purchase the ordered Products and pay the Price.

5.2. The assortment and prices of Products displayed on the Platform are for informational purposes and constitute a catalogue, not a binding offer by the Seller. The Seller may change the assortment, price, and other terms of sale at any time before the Purchase Agreement is formed.

5.3. The characteristics, Price, delivery information, any additional charges, and other applicable terms for a particular Product are set out in the Listing. The Listing also identifies the Seller and all required information about the Seller. Next to the Listing you will find the description of and terms for any Additional Services associated with that Product and applicable fees.

5.4. A Purchase Agreement is formed between you and the Seller when you pay the Price for the ordered Products through the Platform. We are not a party to the Purchase Agreement (except where we are the Seller as explained in Section 4.3). Once the Purchase Agreement is formed, you must fulfil its terms.

5.5. To purchase the selected Products, you must pay the Price using one of the payment methods available on the Platform. The selected payment method is provided by the relevant payment service provider under its own terms and conditions.

5.6. You may cancel the Purchase Order only if the Seller has not yet packed or otherwise prepared the purchased Products for handover to the selected shipping service provider. The cancellation request must be submitted via the Platform, using the cancellation option in the Purchase Order confirmation email or through your Account, if you have one. The Seller, and not OVOKO, is responsible for accepting and processing the cancellation where the conditions for cancellation are met. If the Product(s) have already been shipped, the Purchase Order may no longer be cancelled. This does not affect your rights under the Free Return period set out in Section 9 or, if you are a Consumer, your statutory right of withdrawal referred to in Section 7.3.

5.7. We may act as a commercial agent of the Seller for the purpose of collecting payments on the Seller’s behalf. Payments are processed by third-party payment service providers. Payments made by you are received by us on behalf of the Seller and are deemed made to the Seller upon receipt. We do not provide payment services. The third party payment provider is responsible for payment processing, and its terms may apply.

5.8. Before purchasing a Product, you must carefully review all information provided about it, including its description, the final Price, and any additional fees or charges.

5.9. The use, installation, and adaptation of electronic or other parts protected by the manufacturer’s security systems (such as ECUs, immobilisers, instrument clusters, and similar components) may require specialised programming, coding, or adaptation to your specific vehicle. You assume full responsibility for, and bear all costs associated with, such installation and adaptation. Neither the Seller nor OVOKO is responsible for compatibility issues arising from the specific configuration of your vehicle, unless the Seller expressly guaranteed compatibility for your vehicle in the Listing.

6. Delivery

6.1. Under the Purchase Agreement, the Seller is responsible for delivering the Products to you within the timeframe stated in the Listing, using the delivery method you select when placing the order, and in compliance with the Purchase Agreement and applicable law.

6.2. As part of the Additional Services, we assist in organising the delivery by connecting you and the Seller with shipment service providers available on the Platform. We will, on the Seller’s behalf, arrange the logistics and provide the necessary order information (such as your contact details and delivery address) to the selected shipment service provider, who performs its services under its own terms and conditions.

6.3. Delivery timeframes in the Listing are estimates based on information from shipment service providers and are not guaranteed by us. We are not the carrier and do not assume the carrier’s or the Seller’s liability for delivery. We will, however, assist with parcel tracking and help escalate inquiries with the relevant parties where appropriate.

6.4. We support delivery to the countries available on our Platform. Shipping to islands and other hard-to-reach areas may not be available; restrictions are indicated during checkout.

6.5. We reserve the right to change the selected delivery method or shipment service provider at our sole discretion if necessary to ensure the safe and timely delivery of the Products (e.g., due to size/weight restrictions, shipment service disruptions, or logistical optimisation). In such cases, we will ensure the substitute method provides a comparable level of service.

6.6. You are responsible for providing a complete and accurate delivery address, including the correct postal code, street name, and house/apartment number. All address information must be written using Arabic numerals and standard Latin characters. If a delivery fails, is delayed, or is returned to the Seller due to an incorrect, incomplete, or insufficient address you provided, you shall bear all shipping and storage costs. If a return to the Seller is caused by an address error, we reserve the right to deduct the delivery shipping fees and the return shipping costs from any refunds due to you.

6.7. You are required to provide a valid local phone number corresponding to the country of the delivery address, capable of receiving voice calls and/or SMS notifications from the local shipment service provider. If you provide an international or unreachable phone number, neither we nor the shipment service provider shall be liable for delivery delays or failed delivery attempts.

6.8. Only the person who placed the Purchase Order, or a person designated at the time the Purchase Order was placed and holding a valid identity document (identity card, passport, or driver’s licence), may accept or collect the Products.

6.9. If you select pick-up at a parcel point, you may collect the Products at any time during the parcel point’s operating hours within the collection period set by the shipment service provider.

6.10. If you do not collect the shipment within the timeframe set by the shipment service provider, it will be returned to the Seller. You will be refunded the price of the Products less Service Fee (we reserve right to withhold your paid shipping fee as well) once the Seller confirms the return. This does not affect your statutory right of withdrawal under Section 7.3, where different refund rules apply. For the avoidance of doubt, failure to collect does not constitute a return request under Section 9, and Free Return conditions do not apply unless you submit a separate return request within the Free Return period.

6.11. Upon receiving the Products, you must carefully inspect the external packaging before signing for or accepting the delivery. If the packaging has obvious material damage (e.g., crushed, torn, open), you must: (a) immediately notify the shipment service provider (courier); (b) ask for a Damage Report to be filled out; (c) note the damage on the delivery receipt or shipping label; and (d) notify us via Customer Support with a description of the situation.

6.12. If the Products are damaged, you must report the damage to Customer Support. To process the claim, you may be required to provide: (i) photos of the damaged Products; (ii) photos of the external packaging and all shipping labels; (iii) photos of the internal packaging materials; and (iv) the Damage Report, if applicable. Claims submitted without photos of the original external packaging may be rejected. Do not dispose of the packaging or the Products until the claim has been resolved.

6.13. If you do not receive the Products within 20 days after the shipment is dispatched, you must notify us immediately. If you fail to notify us within this timeframe, we may be unable to investigate the shipment with the shipment service provider, and you may not be eligible for a refund in respect of the lost shipment. We will initiate an investigation with the shipment service provider. A refund for a lost parcel will be issued only after the shipment service provider officially confirms that the parcel has been lost. This does not affect your mandatory statutory rights under applicable law.

6.14. If the tracking information indicates that the Products have been delivered but you have not received them, you must check the delivery address and surrounding premises. If the Products cannot be found, contact Customer Support and cooperate fully in the investigation, including by signing a legally binding declaration of non-receipt if requested by us or the shipment service provider.

6.15. Where you return Products to the Seller, you must ensure that they are packaged safely and in accordance with standard shipping practices and the requirements of the chosen shipment service provider. If the Products are damaged in transit to the Seller as a result of inadequate packaging, the Seller may reject the return and/or refuse a refund. Where the return is made under Section 9 (Free Return), Section 9.16 applies.

7. Buyers’ rights against Sellers

7.1. Each Seller is contractually required, under its agreement with OVOKO, to:

7.1.1. provide you with accurate, complete, and truthful information about themselves and the Products;

7.1.2. sell Products that match the Listing description;

7.1.3. where you are a Consumer, respect your consumer rights under the Purchase Agreement and applicable law, including the right of withdrawal, exchange, and return;

7.1.4. provide the warranty for the Products required under applicable law. Where you are a Consumer and the Product does not match the Listing description or does not function as intended, the Seller is responsible for providing the remedies available under applicable law, including repair or replacement free of charge and, where those remedies are unavailable or not provided within a reasonable time and without significant inconvenience to you, an appropriate price reduction or a full refund. You are entitled to the legal guarantee of conformity applicable in your country of residence. For second-hand goods, where the applicable law permits a reduced guarantee period, you are entitled to a minimum guarantee period of at least one year from delivery, unless a longer mandatory period applies;

7.1.5. ensure the safety and proper labelling of the Products;

7.1.6. duly perform the Purchase Agreement; and

7.1.7. comply with all applicable legal requirements.

7.2. Please note that the Platform mainly offers used (second-hand) Products.

7.3. If you are a Consumer, you have the right to withdraw from the Purchase Agreement within 14 days from the date of receipt of the Products, except where exceptions provided by applicable law apply. To exercise this right, complete a Products return form on the Platform and follow the return procedure in Section 9. Upon valid withdrawal, the Seller is responsible for refunding the price paid for the Products and standard delivery costs no later than 14 days after being informed of the withdrawal. The refund will be made using the same payment method you used for the purchase.

7.4. All Seller on the Platform are traders acting in the course of their trade, business, craft, or profession.

7.5. Where a Product is non-prefabricated and custom cut to your specifications or is otherwise clearly personalised, the Consumer’s statutory right of withdrawal does not apply to that Product, to the extent permitted by applicable law. This does not affect any mandatory legal rights relating to defective, non-conforming, or misdescribed Products.

7.6. As noted in Section 4.2, where OVOKO is not the Seller, we do not guarantee that the Seller will duly fulfil the obligations listed in this Section, and we are not liable for any such failure.

8. Additional Services

8.1. We offer certain additional services to you (the “Additional Services”) for a Service Fee. The description, price, and terms of each Additional Service are indicated in the relevant Listing and included in the Price. The Additional Services are provided by us, and the applicable Service Fee is payable to us.

8.2. Additional Services are deemed purchased upon your confirmation of the order for the relevant Products and payment of the total Price. The Service Fee for Additional Services is automatically added to the order and displayed before you confirm it. The Service Fee is calculated as a percentage of the total Price, subject to the applicable minimum and maximum amounts.

8.3. If you are a Consumer, you (i) agree and request that the provision of the Additional Services start immediately and (ii) confirm that they will be considered provided immediately and, as a result, you lose the right to withdraw from the Additional Services within 14 days (except where the law provides otherwise).

9. Free Return

9.1. As an Additional Service and subject to the conditions set out below, we offer a 14-day Free Return for Products purchased via the Platform and delivered using the shipment service providers available on the Platform.

9.2. This Additional Service is available to both Consumers and non-Consumers and is provided in addition to any statutory withdrawal rights available to Consumers. Where Free Return applies, we provide free return shipping and refund the purchase price paid for the returned Products (please note the Service Fee is not refunded). If you return the entire Purchase Order from the relevant Seller, we also refund the delivery costs paid by you for that Purchase Order. No other amounts, costs, fees, losses, or expenses will be reimbursed. This does not affect any remedies available to you under applicable law or other provisions of these Terms.

9.3. If you return only part of a Purchase Order, we reserve the right not to refund the delivery costs.

9.4. If you collected the Products directly from the Seller, you may return them within the Free Return period, but you must bear the return costs and return the Products directly to the Seller’s location.

9.5. The 14-day Free Return period begins on the day after delivery of the Products. To initiate a return, submit a return request on the Platform for each item you wish to return. You may do so via the return form in the Return Policy section of the Platform or via your Account. If you do not submit the return request within the 14-day period, Free Return will no longer be available.

9.6. If you return Products using a shipment service provider booked outside the Platform, we are not liable for your shipping costs or any claims related to that shipment.

9.7. The returned Products must be undamaged, non-disassembled, and in the same state and condition as received, with all components as stated in the Listing. This requirement does not apply where the Products do not match the Listing description or are missing components described in the Listing; in such cases you must report the discrepancy during the return process with supporting evidence as described in Section 6.

9.8. Return the Products in their original packaging if it is suitable for shipping, or ensure proper packaging according to the requirements of the chosen shipment service provider.

9.9. Take photos of the Products and their packaging before and during the return process. Keep the photos until the Seller confirms the return or, in the event of a dispute, we will inform you about the final decision.

9.10. Ensure that the correct return label is applied to the package and all previously used labels or stickers are removed. If you are returning items purchased from different Sellers, ensure that each item is dispatched to the correct Seller.

9.11. Do not hand over the package to the courier until the courier has affixed the return label, unless you have printed the label yourself and affixed it to the package.

9.12. If you purchased with delivery via the Platform, you may return the Products by courier pick-up from the delivery address or by dropping off the parcel at a parcel point, using the shipment service providers available on the Platform.

9.13. You must hand over the Products to the shipment service provider within 14 days after submitting the return request. Even where we arrange the return service, you remain responsible for meeting this deadline.

9.14. If the courier does not arrive to collect the Products within 2 business days after submission of the return request, you must notify Customer Support no later than 5 business days after submission. If you fail to report the courier’s non-arrival within 5 business days and/or fail to hand over the Products within 14 days, Free Return will no longer apply.

9.15. If you do not receive confirmation that the Seller has received the returned Products, you must notify Customer Support without undue delay and no later than 20 days after the returned Products were shipped. If you fail to do so, we may be unable to investigate the return shipment with the shipment service provider and you may lose the right to a refund in the event of a lost return shipment.

9.16. The Seller has the right not to accept the returned Products if you do not follow the return procedure set out in this Section. In such a case, you may request that the returned Products be sent back to you within 7 days from the date of the Seller’s refusal.

9.17. If you receive the wrong Products (i.e. Products that do not correspond to what you ordered), you must return them in accordance with the procedure set out in this Section. The return will be treated as a return for non-conformity and will be processed accordingly.

9.18. Free Return is not available for Products in respect of which a Warranty claim is active, pending, or settled. However, if the Warranty claim is closed without any payment for the relevant item (including where the claim was submitted by mistake, rejected, or withdrawn by you) and the Free Return period has not expired, you may request return of that item under Free Return, provided the requirements of this Section are met.

9.19. A Products item ordered or linked to a specific vehicle or manufacturer security system based on your data may not be returned under Free Return solely because it is no longer needed or is incompatible due to incorrect or incomplete data you provided. This does not affect your mandatory statutory rights under applicable law.

9.20. If you are not a Consumer, a non-defective Products item ordered or linked to a specific vehicle or manufacturer security system may be returned only with the Seller’s prior written consent and subject to deduction of related costs and any loss in resale value.

10. Warranty

10.1. As an Additional Service, certain Products listed on the Platform are covered by the Warranty provided and administered by our warranty partner, Cover Genius Europe B.V., under its applicable terms and conditions https://www.xcover.com/en/pds/ovoko-rrr-warranty.

10.2. Where applicable, the relevant Listing will indicate that the Product is covered by the Warranty and, after purchase, you will receive the relevant Warranty or insurance documentation together with the applicable terms and conditions. The Warranty forms part of the Additional Services and is included in the Service Fee for eligible Product.

10.3. Information on whether a purchased Product is covered by the Warranty, together with the applicable terms, conditions, limits, and claim submission link, is available in your Account or, if you do not have an Account, in your Purchase Order confirmation email.

10.4. If you exercise Free Return for a Product, any Warranty issued for that Product will be cancelled and may no longer be used for that Product. If a Warranty claim has already been submitted, Section 9.18 applies.

10.5. The Warranty is separate from, and does not limit or affect, any legal guarantee of conformity or your statutory remedies against the Seller for lack of conformity, including as described in Section 7.1.4 of these Terms. The Warranty is an independent additional benefit, regardless of whether such statutory remedies are available in your case.

11. Chat rules

11.1. We may offer Chat functionality as a feature of the Platform. Where available, the Chat is intended solely for communication between you and Sellers regarding Listings, Products offered on the Platform, and the terms of their purchase through the Platform.

11.2. When using the Chat, you are responsible for the content you send and for ensuring that it complies with these Terms and applicable law. Communication through the Chat must be respectful and must be accurate, clear, and truthful.

11.3. The Chat may only be used for:

11.3.1 questions and answers regarding the specifications, price, delivery, warranties, or other transaction-related terms of Products;

11.3.2 providing additional information necessary to conclude or perform a Purchase Agreement; and

11.3.3 questions regarding order fulfilment, exchanges, or returns of Products.

11.4. You must not use the Chat to:

11.4.1. engage in any unlawful, misleading, or fraudulent activity, or for purposes unrelated to the Platform;

11.4.2. publish or transmit offensive, discriminatory, threatening, or hateful content;

11.4.3. publish or transmit false information or content that infringes third-party rights, including intellectual property or data protection rights;

11.4.4. offer or advertise goods or services not listed on the Platform;

11.4.5. share contact details or otherwise attempt to circumvent the Platform in connection with a transaction;

11.4.6. send spam, chain messages, or mass advertising; or

11.4.7. use the Chat for unauthorised data collection, automated activity, or other misuse of the Platform.

11.5. You may upload photos, videos, or other documents to clarify or supplement the information sent via text. The attachments mentioned in this clause must not contain any sensitive or confidential information. Such attachments may only be related to the Products, and their size cannot exceed 10 MB. The Platform may review attachments to ensure compliance with these Terms and for security purposes.

11.6. We may review Chat content, using automated tools and/or human review, to ensure compliance with these Terms and applicable law.

11.7. Notifications of new Chat messages may be sent to the email address linked to your Account. You may opt out of such notifications in your Account settings.

11.8. You may inform us of any content or behavior that potentially violates these Terms. After assessing the circumstances, we may apply one of the enforcement measures specified in Section 15.

11.9. We are not responsible for the content, accuracy, authenticity, or legality of messages exchanged through the Chat, or for any arrangements made on the basis of such messages. In the event of a dispute with the Seller, a return request, or a Warranty claim, we may assess the matter primarily on the basis of the Listing, the Purchase Order, and any other relevant information available to us, and may disregard Chat content to the extent it is inconsistent with the Listing or cannot be reasonably verified.

11.10. If these Chat rules are violated, we may remove non-compliant posts, messages, attachments, or other content, restrict or prohibit use of the Chat, or apply any other measures available under these Terms.

12. Our rights and obligations

12.1. We will use reasonable efforts to keep the Platform available and to provide the Services with reasonable care and skill.

12.2. We may at any time and without prior notice:

12.2.1. modify the Platform and/or the Services or/and applicable fees (or any part thereof), including Platform content, functionality, and payment methods;

12.2.2. verify the accuracy, completeness, and correctness of your login credentials and Account information at our discretion; if you have provided inaccurate, incomplete, misleading, or unlawful information, we may immediately and without notice refuse your registration, delete your Account, block or edit such data, and/or take any other appropriate measures;

12.2.3. restrict or suspend access to the Platform, your Account, and/or the Services during maintenance or technical work; in such cases you may be informed by a general notice on the Platform; and/or

12.2.4. discontinue the Platform or the Services.

12.3. To prevent breaches of these Terms and applicable law and to protect the rights of OVOKO, Sellers, and other Users, we may (but are not obliged to) monitor your activity on the Platform.

12.4. The Platform may use automated systems and algorithms to detect fraud, assess risk, manage disputes, enforce rules, or moderate content and activity on the Platform. Such automated tools may assist the Platform in making decisions related to transactions, disputes, or enforcement actions. Decisions affecting your rights under these Terms (including complaints) are not taken solely on the basis of automated means (see Section 18.11).

12.5. We do not design or operate the Platform’s online interface in a way that deceives, manipulates, or otherwise materially distorts or impairs users’ ability to make free and informed decisions.

12.6. If we become aware that a Product purchased through the Platform is illegal, we will inform you (to the extent we have your contact details) of: (a) the fact that the Product is illegal; (b) the identity of the Seller; and (c) any relevant means of redress available to you. This obligation applies to Products purchased within the 6 months preceding our awareness of the illegality.

13. Your rights and obligations

13.1. You may use the Platform and Services in accordance with these Terms. You must act lawfully and must not infringe our rights, the rights of Sellers, other Users, or third parties. You are responsible for your activity on the Platform and its consequences.

13.2. When using the Platform and Services, you must not:

13.2.1. reproduce, copy or otherwise use the content of the Platform for text and data mining, for the creation, training, improvement, testing, analysis of artificial intelligence systems, or similar purposes;

13.2.2. use automated means, including internet robots (bots), scraping, indexing, or any other type of computer program intended to copy, process, analyse, store or transfer the content of the Platform.

13.3. You may notify us of content on the Platform that you consider illegal through Customer Support. Such notice should include: (a) an explanation of the reasons why you believe the content is illegal; (b) the electronic location of the content (e.g. a URL or link); (c) your name and email address; and (d) a statement confirming your good-faith belief that the information and allegations in the notice are accurate and complete. You must not submit manifestly unfounded notices.

13.4. In accordance with legal requirements and our procedures, we will assess the information you provide without undue delay and decide whether the content is indeed illegal and, if we determine it is illegal, we will take the required measures. If you provide your contact details, we will confirm receipt of your notice and, after examining it, we will inform you of our decision.

14. Ranking

14.1. The Platform uses recommendation and ranking systems that determine in what order Products, Sellers or other information (including search results) are displayed to you. The purpose of these systems is to provide more relevant content taking into account your selected filters, search phrases and browsing context. Below we explain the main parameters and how you can control them.

14.2. Search results for Products are ranked according to the following criteria:

14.2.1. according to your chosen sorting method: “Standard” – Products posted later are displayed higher in search results; “Cheapest first”; “Most expensive first”;

14.2.2. Products offered by a Seller with “TOP seller” status are ranked higher – we assign this status and 5 stars to Sellers;

14.2.3. Products sold by us are ranked higher – we will always clearly mark Products sold by us.

14.3. Main parameters of the recommendation and ranking system and their relative importance:

14.3.1. query and filters (strong influence): keywords, categories, filters (vehicle make, model, modification, etc.);

14.3.2. Listing relevance (strong influence): match between the query and the Listing title, description, and attributes;

14.3.3. freshness and activity (medium influence): upload and/or update date.

14.4. You can control search parameters by selecting the sorting method for search results.

14.5. If we use personal data for recommendation and ranking, we do so in accordance with our Privacy Policy.

14.6. Additional information about recommendation and ranking may be provided on the Platform.

14.7. We have the right to improve the recommendation and ranking system (e.g., add new filters or parameters, remove them, or change their weights). We will clearly describe material changes in the Terms.

15. Restrictions, suspension, and termination of Services

15.1. We have the right to restrict or terminate your ability to use the Platform and the Services, delete your Account and data, prohibit you from re-registering on the Platform, unilaterally terminate the Terms (i.e., the agreement), and take other actions at our discretion if:

15.1.1. you breach these Terms;

15.1.2. you systematically or disproportionately often return Products without an objective reason, return used, damaged or incomplete Products, or use the return procedure for unlawful or dishonest purposes;

15.1.3. you have engaged in, or there are reasonable grounds to suspect you have engaged in, fraud, abuse, or manipulation in connection with the Platform, the Services, or any Warranty, including repeated filing of dishonest claims;

15.1.4. you often provide manifestly illegal User Content;

15.1.5. you abuse the notice-and-action or complaints process and repeatedly submit manifestly unfounded notices or complaints;

15.1.6. you provide deceptive, incorrect, incomplete or misleading information when registering or using the Platform;

15.1.7. in our opinion, this is required due to maintenance or update works of the Platform;

15.1.8. this is required by competent authorities or is necessary in cases provided by law;

15.1.9. we reasonably suspect that you have caused or may cause a threat to the security or operation of the Platform, or to the legitimate interests of us, Sellers or other Users;

15.1.10. in other cases specified in the Terms.

15.2. We will consider User Content to be manifestly illegal where this is obvious even to a non-professional without any detailed analysis, for example:

15.2.1. child sexual abuse content;

15.2.2. incitement to violence, terrorism or hatred;

15.2.3. offering illegal goods or services (e.g. drugs, counterfeit products, weapons);

15.2.4. distribution of intimate images without consent;

15.2.5. fraud schemes, deceptive offers, or unlawful spam;

15.2.6. content infringing intellectual property rights.

15.3. We will apply restrictions for manifestly illegal User Content and manifestly unfounded notices or complaints after warning you in advance and, when making a decision in each case, we will act in a timely, diligent and objective manner, assessing all facts and circumstances known to us, including the following criteria:

15.3.1. the absolute number of manifestly illegal User Content or manifestly unfounded notices or complaints during a certain period;

15.3.2. the relative proportion of such cases compared to the total number of User Content elements or notices submitted during that period;

15.3.3. the seriousness of abuse, including the nature of illegal User Content and possible consequences;

15.3.4. where it can be determined – your intentions.

15.4. We will inform you of the applied restrictions and provide an opportunity to use an appeal mechanism – to submit a complaint or objection regarding the decision through our internal dispute resolution system or through an independent dispute resolution body.

15.5. If we have your contact details, after applying any measure under Section 15.1, we will promptly provide you with a clear and specific statement of the reasons for our decision, including: (a) the facts on which the decision is based; (b) the applicable clause of these Terms or legal ground; and (c) information about your right to submit a complaint, refer the dispute to an out-of-court body, or seek judicial redress.

15.6. We will apply restrictions until the reasons for applying them are removed and the consequences of the actions that led to the restrictions (if restrictions were applied due to your actions) are eliminated. Thereafter, we will resume provision of the Services to you unless we decide to exercise the right to terminate the Terms (i.e., the agreement) as provided in Section 21.3.

16. Intellectual property

16.1. All intellectual property rights in and to the Platform, including its software, design, text, graphics, logos, databases, and other content made available by us or its licensors, belong to us or our licensors and are protected by applicable law.

16.2. If you submit any User Content through the Platform, including through the Chat or when filing a request or claim, you retain your rights in that content, but you grant us a non-exclusive, worldwide, irrevocable, royalty-free licence for the term of these Terms (and any reasonable period thereafter necessary to fulfil the stated purposes) to use, store, reproduce, and process that content solely to operate the Platform, provide the Services, handle your requests, claims, returns, or disputes, ensure compliance with these Terms, and comply with legal obligations.

16.3. You must only submit User Content that you are entitled to use and share and that does not infringe any third-party rights or applicable law.

16.4. OVOKO retains all rights in and to data and information collected or generated through the use of the Platform and the Services, including technical and usage data. These Terms do not grant you any intellectual property rights in such data or information.

17. Liability

17.1. We use commercially reasonable efforts to ensure the operation of the Platform and the provision of the Services. However, the Platform and the Services are provided on an “as is” and “as available” basis, and we do not warrant uninterrupted, error-free, secure, or delay-free operation. We are not responsible for inaccuracies in Product information or descriptions provided by Sellers.

17.2. Subject to the limitations of liability set out in these Terms, we are liable for direct loss or damage caused to you by our breach of these Terms or applicable law when providing the Platform or the Services. To the fullest extent permitted by applicable law, we are not liable for any indirect, incidental, special, or consequential loss, including loss of profits, data, or business opportunities. Our total cumulative liability arising out of or in connection with a Service provided in relation to a specific Product is limited to the fees actually paid by you to us for that Service giving rise to the liability.

17.3. Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law.

17.4. You are liable for loss or damage caused by your breach of these Terms, misuse of the Platform or the Services, or violation of applicable law or third-party rights. You must compensate us for losses, liabilities, and reasonable costs directly resulting from such conduct, to the extent permitted by applicable law.

18. Disputes

Disputes regarding Products with the Seller

18.1. In the event of a dispute regarding the quality, delivery, conformity, or other terms of the Purchase Agreement, you must notify us by completing a Products return form on the Platform.

18.2. If you claim that the Products do not match the Listing description, are damaged, defective, or otherwise non-conforming, you must provide clear photographic evidence of the Products and their packaging. You must retain all photographs and related evidence until the Seller confirms the return or, if a dispute arises, until we communicate a final decision.

18.3. Once a dispute is opened, both you and the Seller will have the opportunity to present evidence and arguments in support of your respective positions. Decisions are made on the basis of factual evidence submitted by both parties, the information in the Listing, and these Terms.

18.4. If we or the Seller requests additional information or evidence from you, you must provide it within 5 business days of the request. If you fail to provide the requested information within this period, the dispute may be decided on the basis of the evidence available, which may result in a decision that is not in your favour.

18.5. If the Seller identifies a discrepancy in the returned Products, we may temporarily suspend the processing of your return until the matter is reviewed. In such a case, we will notify you and, where necessary, request additional information.

18.6. We will make a decision on the dispute within 30 business days of receiving all necessary evidence and information from both parties. If additional information is requested, the decision period is extended by the time taken to obtain it.

18.7. If the dispute is resolved in your favour, a refund will be issued within 10 business days of the decision. If the dispute is resolved in the Seller’s favour, you have the right to request the return of the Products to the delivery address specified in your order at no additional cost. If you fail to accept the delivery of the returned Products, they will be returned to the Seller’s warehouse and will not be reshipped.

18.8. If the dispute with the Seller cannot be resolved within 30 days from the date of your request, you may contact Customer Support. In such a case, acting as an intermediary, we will endeavour to help you and the Seller reach a mutual agreement.

18.9. In providing this Additional Service, we do not become a party to the dispute or the Purchase Agreement and does not assume any obligation of the Seller arising under the Purchase Agreement or applicable law. Our role is limited to facilitating communication, collecting and reviewing evidence, and administering Platform mechanisms. We are not responsible for the outcome of the dispute and do not guarantee any particular result.

Disputes regarding the Services with us

18.10. We operate an internal complaint-handling system that is easily accessible and free of charge. If you wish to complain about the Services or about any our decision to apply any restriction to you, you may submit a complaint within 6 months from the date on which we informed you of that decision. Complaints may be submitted through Customer Support and should include sufficient information to enable their assessment, including, where relevant, links, files, screenshots, and a description of the complaint. If additional information is needed, we may request it and may extend the complaint examination period for the time reasonably necessary to obtain it.

18.11. Once we receive all information necessary to assess the complaint, we will review it diligently, impartially, and without discrimination, and will inform you of its decision without undue delay and in any event within 30 days. If the complaint is upheld, we will reverse the relevant decision. Complaints will not be decided solely by automated means and will be subject to the supervision of appropriately qualified staff.

18.12. If you disagree with our decision regarding content moderation or a restriction, you may, after first using our internal complaint-handling system, refer the dispute within 6 months of our final decision to any out-of-court dispute settlement body, as listed by the European Commission https://digital-strategy.ec.europa.eu/en/policies/dsa-out-court-dispute-settlement. We will engage with such body in good faith, unless the dispute has already been resolved or is being examined by a court or another certified body.

18.13. If you are not a Consumer (i.e. a business user) and a dispute arising out of or in connection with these Terms cannot be resolved through our internal complaint-handling system, either party may propose mediation before one of the following mediators:

18.13.1. Appeals Centre Europe (ACE), 3rd Floor, 40 Mespil Road, Dublin 4, Dublin, D04 C2N4, Ireland, https://www.appealscentre.eu/; or

18.13.2. Vilnius Court of Commercial Arbitration (VKAT), Zalgirio 92, LT-09303 Vilnius, Lithuania, https://www.arbitrazas.lt/.

Participation in mediation is voluntary, does not affect either party’s right to bring proceedings before a competent court, and the costs of mediation will be allocated in accordance with applicable law and the circumstances of the dispute.

18.14. Unless otherwise agreed or determined by the mediator, we will bear a reasonable proportion of the mediator’s fees and costs, taking into account the relative merits of the parties’ positions, their conduct, and their relative size and financial strength. Each party will bear its own costs of participation.

Other general dispute resolution provisions

18.15. If you are a Consumer, for disputes with the Seller and for disputes regarding Services you may contact the Consumer Rights Protection Authority, or fill in an application form on the EU Consumer Redress in the European Union platform at https://consumer-redress.ec.europa.eu/.

18.16. Please note that the out-of-court dispute resolution options described in this section of the Terms do not prevent you from defending your rights in court.

19. Data protection

19.1. We process your personal data in accordance with our Privacy Policy.

19.2. Upon receiving instruction from competent national judicial or administrative authorities to provide specific information about you, provided in accordance with applicable law, we will, without undue delay, provide the required information.

20. Amendments

20.1. We may amend these Terms by notifying you of the proposed changes and their effective date, including through your Account or, if you do not have an Account, during the Purchase Order workflow before conclusion of the Purchase Agreement. We will request your acceptance of the updated Terms no later than before you conclude the Purchase Agreement for the selected Products.

20.2. If you do not agree to an amendment, you may terminate these Terms by ceasing to use the Services and, if applicable, requesting deletion of your Account, subject to the completion of any pending transactions and payment of any amounts due.

21. Term and termination

21.1. These Terms take effect when you first use the Platform or accept them, whichever occurs first, and remain in force until terminated in accordance with these Terms. Termination does not affect any rights or obligations that arose before termination or that are intended to continue after termination.

21.2. You may terminate these Terms at any time by ceasing to use the Services and, if applicable, deleting your Account or notifying OVOKO at least 30 days in advance.

21.3. If you materially breach these Terms, OVOKO may suspend your access to the Services immediately and terminate these Terms by giving you 7 days’ prior notice.

21.4. We may terminate these Terms and/or terminate your access to the Platform by giving you at least 30 days’ prior notice and a statement of reasons on a durable medium. The 30-day notice period does not apply where: (a) we are subject to a legal or regulatory obligation to terminate the provision of all Services to you; (b) we have an imperative reason to terminate under applicable law; or (c) we can demonstrate that you have repeatedly breached these Terms.

21.5. Upon termination of the Terms, you will lose the ability to use the Services and access your Account. We have the right, at a time of our choosing, to delete all or part of the information in your Account. We may retain or delete data in line with applicable law, the Privacy Policy, and legitimate needs such as dispute resolution, accounting, AML, and chargeback handling.

21.6. Please note that termination of the Terms concluded between you and us does not affect the Purchase Agreements concluded between you and Sellers.

22. Final provisions

22.1. All notices and communications between you and us will be sent by electronic means: to us – to the addresses specified in these Terms or on the Platform; to you – to the addresses in your Account.

22.2. Any notice or other information sent to you is deemed received on the day of dispatch. A copy of the email or other message stored on our server, database, or other information storage system is sufficient evidence of dispatch.

22.3. We may assign our rights and obligations under these Terms to third parties without your consent, upon notifying you on the Platform or directly (e.g. by email).

22.4. These Terms are governed by the laws of the Republic of Lithuania. Disputes are resolved by the competent courts of Lithuania, unless mandatory law provides otherwise.

22.5. If any provision of these Terms is held invalid or unenforceable, the remaining provisions remain in full force and effect.

22.6. Failure to enforce a provision is not a waiver of the right to enforce it later.

Regulation (EU) 2023/988 of the European Parliament and of the Council (hereinafter referred to as the Regulation) on general product safety

The purpose of this Regulation is to improve the functioning of the internal market while ensuring a high level of consumer protection, establishing the fundamental safety rules for consumer products placed or made available on the market.

The Regulation, which comes into effect on December 13, 2024, obliges providers of online marketplace to implement internal processes aimed at ensuring product safety, enabling them to comply with the requirements of this Regulation immediately and without undue delay.

Upon receiving information about potentially unsafe products, providers of online marketplace services are required to remove such products, as well as identical ones, from their platforms. Additionally, after having issued a prior warning, they shall suspend services to traders who frequently offer products that do not comply with this Regulation for a reasonable period of time.

Sellers trading in used parts on the Ovoko platform must ensure compliance with the safety rules established by the Regulation.

More detailed information in the official journal of the European Union is available here: https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32023R0988