These Device Purchase and Sale Terms (hereinafter referred to as the "Terms") establish the general conditions for using the Blizy platform online at www.blizy.tech or via the "Blizy" mobile application (hereinafter referred to collectively as "Blizy").
These Terms form a legally binding agreement between you and UAB "Fivrec Tech", company code 306600670, registered office at T. Masiulio g. 18, LT-52459, Kaunas, VAT code LT100017033814 (hereinafter referred to as the "Company," "We," "Our," or "Us"), regulating your use of our products, services, mobile application ("Application"), and website ("Website," collectively referred to as the "Services").
You acknowledge and agree that by clicking the "Agree" button or a similar button, registering an account, downloading the Application or any updates, using the Application on your mobile device, or accessing or using the Services, you confirm that you have read, understood, and agree to these Terms, regardless of whether you registered on the Website or Application. If you do not agree to these Terms, you are not authorized to use the Services. These Terms take effect from the day you first click "Agree" (or a similar button or checkbox) or access or use the Services, whichever occurs earlier.
If you accept or agree to these Terms on behalf of your employer or another legal entity, you confirm and guarantee that (i) you have the full legal authority to bind your employer or such entity to these Terms; (ii) you have read and understood these Terms; and (iii) you agree to these Terms on behalf of the entity you represent. In this case, "you" and "your" refer to and apply to your employer or another legal entity.
All personal data you provide or that is collected about you is governed by our Privacy Policy (the "Privacy Policy"), which can be found at https://www.blizy.tech/en/legal/privacy-policy. You acknowledge that by using the Services, you are familiar with the Privacy Policy. The Privacy Policy is incorporated into these Terms of Service and, together with these Terms, will be referred to as the "Agreement."
1. GENERAL PROVISIONS
1.1. Blizy is a Website and Application that enables Sellers to sell electronic devices on the secondary market.
1.2. Definitions:
1.2.1. Client, "you," and "your": Refers to you, the seller of electronic devices. Only individuals of full legal capacity, i.e., adults whose capacity is not restricted by court order, and legal entities acting through authorized representatives registered on the Blizy Website or Application in accordance with the Terms, have the right to sell devices.
1.2.2. Blizy: The platform, i.e., the Website or Application through which all purchases and sales are conducted.
1.2.3. Device: Refers to any electronic device the Client wishes to sell through the Blizy platform.
1.2.4. Price: The price offered by the Company to the Client.
1.3. The Company reserves the right to amend, revise, or supplement the Terms for important reasons (e.g., changes in laws or regulations, modifications to new or existing services, etc.). To use Blizy, the Client must review the updated version of the Terms; otherwise, the agreement cannot be concluded.
1.4. The Company assumes no risk or liability and is unconditionally released from it if the Client, either partially or entirely, does not review the Terms, even though such an opportunity was provided.
1.5. The Company may temporarily or permanently suspend the platform's operation by providing prior notice to the Client. In cases of force majeure, the Company has the right to immediately suspend the execution of the agreement until the force majeure circumstances cease, notifying the Client about the suspension of the sale process. If the later execution of the agreement is no longer relevant to the Client, the Client has the right to terminate the agreement by informing the Company. If the Company suspends operations but has the ability to fulfill confirmed orders, all rights and obligations outlined in these Terms or applicable legal acts related to already fulfilled or ongoing orders remain valid.
2. CLIENT ACCOUNT AND PERSONAL DATA PROCESSING
2.1. To use the Blizy platform's Services, you must create an account (hereinafter referred to as the "Account"). During the account creation process, you will be asked to provide certain information, including but not limited to your name, surname, date of birth, and email address.
2.2. After creating an Account on the Blizy platform and to sell a Device, you will additionally be asked to provide your phone number, and bank account details.
2.3. By using the Services, you agree to provide accurate, truthful, up-to-date, and complete information as required during the registration process and to maintain and promptly update your Account information to ensure its accuracy and completeness. You are the sole authorized user of your Account and are responsible for maintaining the confidentiality of any username or password you provide to use the Services. You are solely and fully responsible for all activities performed using your password or Account, even if they are unauthorized. The Company does not control the use of any user Account and explicitly disclaims any liability arising from such use. If you suspect that your password or Account is being used by an unauthorized party or suspect any other security breach, you agree to immediately notify the Company.
2.4. The Company shall not be liable for any damages incurred by the Client and/or third parties due to the Client providing incorrect and/or incomplete personal data or failing to update or amend data after changes.
2.5. The Company must ensure that any user account registration data or equivalent information required to access the Client's account is kept confidential and used securely, inaccessible to third parties.
2.6. The Client may have only one personal user Account.
2.7. The Client may delete their Account at any time.
2.8. If there is suspicion that a third party has obtained access to the Client's account registration details or the Client's Account, the Client must immediately inform the Company.
2.9. The Client's personal data will be processed for direct marketing purposes only with the Client's consent.
3. CLIENT DEVICES, SHIPPING, AND EVALUATION
3.1. On the Blizy platform, you can provide details about your Device, including its technical condition, faults, and other information necessary to determine an indicative sale price for the Device.
3.2. Until the Device is shipped to the Company, the Company can only provide an indicative sale price.
3.3. If the indicative price matches the final price, the Company will not notify you separately, and a purchase and sale agreement will be concluded between you and the Company as specified in Section 4 of these Terms.
3.4. If the indicative price does not match the final price, the Company will provide you with the final sale price of the Device, which you can either accept or decline.
3.5. If you are dissatisfied with the final sale price, the Company undertakes to return your Device and is responsible for all associated return costs.
3.6. If the Client engages in any misuse, the Company reserves the right to block the Client's account indefinitely and demand reimbursement for all costs related to the evaluation and shipping of the Device. More details on misuse are provided in Section 5.
3.7. For each Device you wish to sell, the Company will generate a shipping label that you can use to send the Device via your chosen shipping service provider.
3.8. The Company assumes no responsibility for risks associated with shipping the Device via third-party shipping providers. By using third-party shipping services, you agree to their terms and conditions. You are solely responsible for the condition of the Device during shipping and until the Company receives it from you or the third-party shipping provider.
3.9. The Company is not responsible for any delivery or shipping issues, delays, or if the third-party shipping provider returns the Client's Device or fails to deliver it. The Company is also not liable for Devices lost, stolen, or damaged during transportation or for incorrect, incomplete, or outdated address information provided by the Client. Furthermore, the Company is not obligated to offer compensation or notify the Client of such losses.
3.10. Depending on the condition of the Client’s Device, including but not limited to cases of fraud or the provision of false information, the Company reserves the right to refuse payment for any Device after inspection.
3.11. In such cases, the Company will attempt to contact you within 30 days of completing the inspection using the phone number or email address associated with your Account or directly through the Application to arrange for the return of the Device.
3.12. Within 30 days of receiving such a request, you must confirm that you want the Device returned and provide accurate shipping return details. Upon receiving your confirmation, the Company will return the Device as soon as possible.
3.13. The Company is responsible for shipping costs associated with returning the Client's Device.
3.14. If you do not confirm your acceptance of the return within 30 days, you agree to forfeit all ownership rights to the Device, which will transfer to the Company.
3.15. You may also request the return of your Device at any time before its sale to the Company. Such a request must be sent via email to [email protected]. Upon receiving the request, the Company must return the Device within five business days and cover the shipping costs.
3.16. The Company typically uses third-party delivery or shipping services for returns and is not responsible for any delivery issues, delays, or if the Client's Device cannot be delivered. The Company is also not liable for Devices lost, stolen, or damaged during transportation or for incorrect, incomplete, or outdated address information provided by the Client, or for any personal data (as defined in the Privacy Policy) stored on the Device.
3.17. You agree not to send Devices that are stolen, contain stolen data, have altered/removed serial numbers, or are otherwise illegal. If you attempt to sell a Device acquired through illegal actions, the Company may take measures in accordance with Lithuanian law and these Terms and may even be legally obligated to do so. Such actions may include canceling transactions and notifying law enforcement.
3.18. By sending a Device, you agree that you are solely responsible for deleting any Personal Information (as defined in the Privacy Policy) or other data on the Device, including third-party Personal Information, and restoring the Device to its factory settings. The Company may, but is not obligated to, attempt to delete any personal information it finds on the Client's Device and protect such information from disclosure. The Company is not responsible for personal information, data, or other information left on the Device after you send it to the Company. You agree to assist the Company in restoring your Device to factory settings or deleting any personal information or data on the Device, including providing any necessary passwords. You also authorize the Company to delete any personal information or other data present on the Device.
4. PURCHASE AND SALE AGREEMENT
4.1. After the Company inspects the Device and determines its final price, a purchase and sale agreement is concluded between the Company and the Client. The template for the purchase and sale agreement can be reviewed in Annex 1 of these Terms.
4.2. The purchase and sale agreement is concluded automatically without requiring a separate signature:
4.2.1. If the indicative price of the Device matches the final price, the Client does not need to take any additional actions, and submitting the order to the Company implies the intent to conclude the purchase and sale agreement.
4.2.2. If the indicative price of the Device does not match the final price, the Company will send the Client a new price offer via email. Upon the Client’s acceptance of the new price, the purchase and sale agreement is automatically concluded.
4.3. The Company and the Client confirm that the purchase and sale agreement is concluded electronically and has the same legal force as a physically signed agreement by both parties. The scenarios described in clauses 4.2.1 and 4.2.2 are equivalent to signing the agreement with an electronic signature.
4.4. Ownership rights to the Device are transferred to the Company from the moment the purchase and sale agreement is concluded.
4.5. The purchase and sale agreement is sent to the Client via email and is accessible in the "My Orders" section.
5. MISUSE AND IMPROPER USE
5.1. In cases where there is an evident quality discrepancy, attempts to sell stolen devices, or other fraudulent actions, the Company reserves the right to take appropriate measures. These measures may include reporting stolen devices to law enforcement authorities, canceling transactions, and refusing to pay for such devices. Furthermore, if the Client repeatedly requests the return of devices by rejecting the Company’s offered price, especially after multiple evaluations, this will be considered an attempt to misuse the service. In such cases, the Company reserves the right to:
5.1.1. Block the Client’s account indefinitely.
5.1.2. Require the Client to cover all shipping and evaluation costs incurred due to repeated rejections of offers.
6. PAYMENTS
6.1. The Company determines the purchase Price after evaluating the condition of the Device.
6.2. By accepting the purchase Price offered by the Company on the Blizy platform, the Client agrees that the specified amount will be transferred by the Company via bank transfer to the bank account provided in the Client’s Account.
6.3. All payments for Devices must be made in euros.
7. INTELLECTUAL PROPERTY RIGHTS
7.1. The intellectual property rights related to or associated with the Company and its accompanying documentation, including all parts and copies thereof, remain exclusively granted to the Company and/or its subcontractors/licensees and are their sole and exclusive property. "Intellectual property rights" refer to copyrights and related rights (including database and catalog rights, and photographic rights), patents, utility models, design rights, trademarks, trade names, trade secrets, know-how, and any other forms of registered or unregistered intellectual property rights. All information related to this Agreement must be treated as confidential and cannot be disclosed to third parties without the Company's consent.
7.2. These Terms of Service do not grant the Client any intellectual property rights to the Company. All rights not explicitly granted in this document are retained by the Company and its subcontractors/licensees.
8. LIABILITY AND PENALTIES
8.1. In cases where we act negligently and/or breach our contractual obligation to you, we will be liable for any damage or loss you incur as a result, provided such damage or loss is foreseeable. Damage or loss is considered foreseeable if it clearly arises from our negligence or breach of contract or if it was anticipated by both you and us at the time the contract was concluded.
8.2. We accept no liability for the following types of damage, regardless of whether such damage arises from a breach of contract, legal violation (including negligence), or otherwise, even if such damage was foreseeable: Loss of income or revenue; Business interruption; Loss of profit; Loss of anticipated savings; Loss of data.
9. AMENDMENTS
9.1. These Terms may be amended.
9.2. The current version of the Terms is available on the Company’s website. We will not make significant changes to these Terms without prior notice. If you disagree with any amended Terms, you may discontinue using the Blizy platform.
10. APPLICABLE LAW AND DISPUTE RESOLUTION
10.1. These Terms are governed by and must be interpreted in accordance with the laws of the Republic of Lithuania.
10.2. The relationships arising under these Terms are subject to the laws of the Republic of Lithuania.
10.3. In the event of damage, the liable party shall compensate the other party for direct and indirect losses in accordance with the procedures and principles established by Lithuanian law.
10.4. All disputes arising from the implementation of these Terms shall be resolved through negotiations. If an agreement cannot be reached, disputes will be resolved in accordance with the laws of the Republic of Lithuania.
10.5. Every user has the option to resolve disputes with the Company electronically, without resorting to court proceedings. Initially, the user must submit a written complaint to the Company. If the Company does not respond to the complaint within 14 days of receipt, or if the response does not satisfy the user, the user may contact a non-judicial consumer dispute resolution authority, such as the State Consumer Rights Protection Authority (Vilniaus g. 25, 01402 Vilnius, email: [email protected], phone: 852626751, website: www.vvtat.lt), its regional divisions, or by completing a request form on the Online Dispute Resolution platform at http://ec.europa.eu/ods/.
11. FINAL PROVISIONS
11.1 All notices and other information must be sent to the Company via email at [email protected] or by mail to: T. Masiulio g. 18, LT-52459, Kaunas. The Company may send its notices and information to you via email or by posting them on the Company’s website.
11.2 If a competent authority determines that any provision, term, or clause of these Terms is invalid, unlawful, or unenforceable to any extent, such provision, term, or clause shall be severed to the relevant extent from the remaining provisions, terms, and clauses, which shall continue to remain in full force and effect to the extent permitted by law.
ANNEX NO. 1 PURCHASE-SELL AGREEMENT
This Device Purchase-Sale Agreement (hereinafter referred to as "Agreement") is made between UAB "Fivrec tech," company code 306600670, registered in T. Masiulio g. 18, LT-52459, Kaunas, represented by Director, acting under the company's bylaws (hereinafter referred to as "Buyer"),
and ..................... .................... (Name, Surname), born on .................... (Date of Birth) (hereinafter referred to as "Seller"):
1. The Buyer agrees to purchase, and the Seller agrees to sell, the device as specified below:
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Item No. |
Device Name |
Serial No. |
Price, Eur |
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Total: _ |
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2. The Seller confirms that they have read and agree to comply with UAB "Fivrec tech" terms and conditions, available at www.blizy.tech.
3. The Seller guarantees that the device has been legally acquired and owned under Lithuanian law, is not pledged, transferred, rented, seized, or otherwise encumbered by the rights or obligations of third parties, and is not subject to existing or potential disputes or claims by third parties.
4. Payment will be made by bank transfer.
5. The Seller agrees to the processing of their personal data, as outlined in the Buyer's data processing rules, for the purposes of executing this Agreement and managing the Buyer's accounts, as stipulated by Lithuanian financial accounting laws.
6. Disputes arising from the terms of this Agreement shall be resolved under the laws of the Republic of Lithuania.
7. Party Details:
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Buyer |
Seller: |
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UAB „Fivrec tech“ Company Code: 306600670 VAT Code: LT100017033814 T. Masiulio g. 18, LT-52459, Kaunas |
Name, Surname:....................... Date of Birth: ...................... Bank Account No. ................. |