Terms of use

 

GENERAL PROVISIONS

 

These Terms of Use regulate rights and obligations in connection with the use of the ProdajemAuto.rs service (hereinafter: Service).

 

The service is located at:

on the website ProdajemAuto.rs

The service represents an information society service provided by the company PRODAJEM AUTO DOO, Kralja Aleksandra Obrenovića no.41, IV floor, 11400 Mladenovac, Republic of Serbia, company registration number: 22055780, VAT number: 114684894 (hereinafter: the Company).

These Terms of Use form an integral part of the Service and represent the provisions of the contract concluded between the Company and each individual user of the Service. The company enables the use of the Service by individuals and legal entities, exclusively in the manner and under the conditions described in these Terms of Use, in the manner and under the conditions under which the information society service is provided.

By accessing and using the Company's Services, users agree to the Terms of Use, and thus conclude a contract upon access with the Company as an information society service provider.

These Terms of Use apply to each access to the contents of the Service.

The Company's business through this Service is primarily regulated by the Law on Electronic Commerce, the Law on Obligations, the Law on Advertising, the Law on Copyright and Related Rights, the Law on Trademarks, the Law on the Protection of Personal Data, as well as other regulations of the legal system of the Republic of Serbia in parts which are not regulated by the aforementioned laws.

The company is dedicated to preserving and applying the rights to the protection of personal data enjoyed by natural persons, as well as copyrights, and in everything according to the rules of the information profession, good business practices and in accordance with the valid regulations of the Republic of Serbia.

The Service is not a substitute for a professional consulting service or employment mediation or any other services that are not specified in these Terms, nor does the Company provide or provide any other services other than the described information society service. The company in no way substantially affects the content posted by users or created by aggregating publicly available data, nor does it guarantee the accuracy or usability of the information presented through the available content. The persons who posted the content or from whom the content was downloaded are solely responsible for the content.

The company has the right, but not the obligation, to remove any content that contradicts the positive legal regulations of the Republic of Serbia or the provisions of these Terms and Conditions from the Service at any time, without the obligation of any prior or subsequent notification or explanation.

 

 

INTEGRITY AND DESCRIPTION OF THE SERVICE

The service is intended for advertising new and used vehicles for sale, including passenger vehicles, motorcycles, transport vehicles, agricultural machinery, work machinery, boats, bicycles, as well as parts and equipment. Also, content is available on the Service that informs users about motoring topics.

In addition, the Service offers functionalities that facilitate shopping for users.

Use of the Service or its parts that is not in accordance with the Terms of Use will be considered abuse and violation of the Terms.

The company transmits electronic messages sent to it by users, but does not initiate the transmission, does not change the data in the messages or select the recipient of the transmission.

The service provides access to content created by aggregating publicly available data and content uploaded by the user, free of charge.

The service enables users to advertise on the Internet in accordance with the Advertising Act.

The company reserves the right to change, temporarily or permanently cancel any part of the Service or services without prior notice.

Time limits, deadlines, time zone and working days are calculated according to the valid regulations of the Republic of Serbia.

 

COPYRIGHT

The company retains exclusive copyright and intellectual property rights on the ProdajemAuto.rs service, as well as on all individual elements that make it up, including texts, visual and audio elements, visual identity, data and databases, program code and other elements of the service for which it is Copyright holder company.

Unauthorized use of any part of the Service, or the Service as a whole, without express prior written permission from the Company as the exclusive copyright holder, will be considered a violation of the Company's copyright and is subject to full legal proceedings.

The Service may also contain elements on which the exclusive copyright, trademark and other intellectual property rights belong to third parties, such as the contents of users of the Service, the contents of business partners, advertisers and others. Third parties are solely responsible for the content on which they are the holders of those rights, regardless of the fact that such content is on the ProdajemAuto.rs service.

By placing content on the Service, the user agrees that this content becomes publicly available to every visitor to the Service and to visitors of other information society service providers or newspapers with which the Company cooperates. Further transmission of the content of other persons or part of the content from any part of the Service is allowed only with the explicit prior consent of the Company, with a clear indication that the content was taken from the Service and the attached link where the original content is located. The company is only responsible for copyrighted content.

Each person is individually responsible for the content that is their author's work and that they independently posted and made publicly available through the Service.

 

USERS

Visitors and registered users are considered users of the services provided by the Company through the Service.

 

THE VISITOR

A visitor is a person who accesses the Service via the Internet in accordance with these Terms of Use, without registration. The visitor can view the available content on the Service free of charge.

 

REGISTERED USER

A registered user is a natural or legal person who has applied to the ProdajemAuto.rs service under the conditions and in the manner described in these Terms of Use. Registration on the Service is free and available to all visitors.

Natural persons can be registered users if they are at least 15 years old. When registering, a natural person is required to fill out a form with personal data. These data are used in accordance with the Personal Data Protection Act and the Privacy Notice available on the Service.

Registration on the Service is available to duly registered legal entities and entrepreneurs. During registration, the business entity is obliged to fill out a form with information about the legal entity. These data remain in the records of the Company and legal entities in which the Company has majority ownership and will not be used for purposes other than exercising rights and obligations from these Terms of Use.

Registering on the Service does not imply registering an activity or acquiring a property in the sense of the Law on Business Companies and the Law on Trade. The company does not guarantee that the registered users are properly registered for trading, nor that they have the status of a business entity.

A registered user, a business entity, may point out that the ad has been placed in the ad database on the Company's Service, as well as its own trademark, but does not acquire the right to use the Company's logo or trademark or the name of the Service in any context.

The registered user undertakes to use the information, including contact information, obtained through the Service only for the purpose for which it is intended and not to use it for other purposes. Any use of information contrary to these Terms of Use entails liability in accordance with the Law.

Every registered user gets access to his account on the Service by logging in. A registered user can adjust his account and assign or change his name.

The user chooses a password during registration and is solely responsible for saving the password and using the Service through access data. The user must not share his access data with others. If he suspects unauthorized use of his access data, the user should inform the Company.

The registered user retains all copyrights to the content he uploads to the Service. The registered user guarantees that he has the necessary copyrights to the content he uploads. Any violation of copyright or other intellectual property rights is the responsibility of the registered user who posted the content. By posting content, the user allows the Company to use that content for promotional or educational purposes, with the author's name.

A registered user can upload different contents at the same time. Placing content on the Service does not prevent the user from placing that content in other places.

Registered users can advertise sales as sellers of their vehicles or as dealers of vehicles, parts and equipment.

A registered user can request the deactivation or deletion of his profile on the Service. In case of profile deletion, the user cannot reactivate the same profile or re-register with the same email address on the Service.

In case of deactivation or deletion of the user's profile, the Company does not guarantee that third parties have not stored the data contained in the user's ad from the period when the ad was active, nor that this data will not later be used for the purpose of contacting the person who stored the data.

A registered user can request the deactivation or deletion of his profile on the Service. In case of profile deletion, the user cannot reactivate the same profile or re-register with the same email address on the Service.

A registered user can contact the Company via the address [email protected] if he believes that someone is abusing his data and contacting him outside the context of the advertisement.

 

**ADVERTISING AND ADVERTISING MESSAGE**

The transmitter of the advertising message is a Company that is an information society service provider and provides advertising services exclusively via the Internet.

A person who advertises through the Service is not required to submit an Advertising Declaration in accordance with Article 45 of the Advertising Act, in connection with Article 19, but is required to clearly identify himself in order to be able to use the advertising service.

The person who entered the advertisement is solely responsible for the content, accuracy and correctness, as well as the validity and permissibility of the advertising message. For all legal consequences arising from the entry of an advertisement message, the person who entered the advertisement message on the Service is solely responsible.

The company reserves the right not to publish content that violates the provisions of the laws of the Republic of Serbia, especially the Law on Advertising. In case of receiving such an ad, the Company may contact the advertiser in order to change the ad message. The company may at any time refuse to post any advertising message that violates the provisions of the Law or these Terms of Use, but it is not responsible for the content of such a message, but only the person who advertises, that is, who submitted such content, is responsible for the content.

By transmitting advertising messages, the company does not mediate the transfer of ownership of vehicles. The conclusion of a contract transferring a right to a vehicle is the responsibility of the person who undertakes such legal work. Also, by transmitting advertising messages, the Company in no way determines or influences the content of any contract on the transfer of rights to the vehicle concluded independently by the contracting parties.

 

**SETTING ADVERTISING MESSAGES - ADVERTISEMENT**

Registered users who advertise a vehicle submit the ad via the ad order form on the Service. When setting up an ad message, the user is obliged to correctly fill in all mandatory fields from the ad order form.

In the event that before the publication of the ad it is necessary to additionally agree the text of the ad or the method of payment, i.e. make a certain payment, in that case the ads will be published immediately after the agreement has been made, i.e. the payment has been made.

Persons who may have unpaid financial obligations towards the Company acquire the right to publish advertisements after recording the settlement of these obligations.

In the event that the Service User claims that the vehicle (which he advertises through the Service) has registration plates of the Republic of Serbia (hereinafter: domestic plates), regardless of whether the vehicle is properly registered or the registration has expired, the Company has the right to electronically collect a photo of the back of the traffic license, a photo of the insurance policy or vehicle registration certificate, in order to accept the Service User's claim. The Company does not provide photos of traffic licenses for inspection, nor does it make them available to other Service Users or third parties in any way. If the Service User is unable to document his claim about the existence of domestic plates, the Company reserves the right to deny him free advertising in the respective category.

The company, in accordance with its own business policy, which applies equally to all Users, limits the number of free advertisements available to each individual User.

If it happens that the User leases a package of ads or other services of the Service (which he intends to use for a long period of time), that User is protected from possible changes in the prices of ads for the duration of the advertising service.

 

**RATINGS AND COMMENTS**

 

Users can post and publish their own content, comments and ratings.

Users have the option of setting ratings from 1 to 5 stars. The company reserves the discretionary right to cancel the assigned ratings, as well as the right not to cancel the rating in each individual situation.

Visitors have the option of posting content in the form of comments in the Tips and News section. Registered users have the option of posting content in the Book of Impressions, Tips and News section, as well as when using the 'Rate the seller' functionality.

 

**PAYMENT OF THE PRICE OF SERVICES AND RETURN OF FUNDS**

The company provides certain information society services with fees according to the Price List. Fees are due for payment upon submission of the corresponding payment notification (bill, invoice) within the specified deadlines.

The Company's price list is an integral part of these Terms of Use. The company reserves the right to change the Price List at any time.

Changes to the Price List are applied eight days after the publication of the Price List.

The valid price list can be found at the internet address: [https://www.prodajemauto.rs/cenovnik](https://www.prodajemauto.rs/cenovnik)

When ordering an ad, the payment of which is made by payment card, to a User who has not submitted all the necessary documentation for the publication of the ad, or the same is not in accordance with the Terms of Use, and the payment for the same was made via a payment card, the Company will initiate the return of the reserved funds at the bank, but cannot guarantee the deadline for the return of these funds, given that it is within the competence of the bank of the owner of the payment card with which the payment was made. Data security during purchases is guaranteed by the payment card processor of Banca Intesa ad Beograd, so the entire payment process is carried out on the bank's website.

If there is no cooperation between the Company and the User, and the funds from the card have been withdrawn, the Company will initiate the refund of the charged funds at its bank, but it cannot influence the refund period, which depends exclusively on the bank of the card owner with which the ad was paid.

In cases where it is necessary to refund the paid funds to the Service User who is a natural person, it is necessary for the User to provide the Company with an ID number for the stated purpose.

 

**NOTICE**

The User is informed that the Company may periodically send him notifications related to the content of the Service, notifications regarding the functioning of the Service, the Company's news, as well as other notifications of this type through usual communication channels such as, but not limited to: viber messages, SMS messages , e-mail messages and the like.

 

**GUIDELINES**

Registered users are obliged to respect the Guidelines stated here when creating content.

The Company has the right, but not the obligation, to remove or not publish content that any registered user places on the Service without notice, especially if that content, in the discretion of the Company, includes (but is not limited to):

- Entering content in the wrong sections (eg entering a phone number in a field that is not intended for that).

- Incorrect categorization of content (eg placing ads that are not relevant to the category in which they are advertised).

- Double advertisement (identical advertisement published more than once, advertising of the same product or service only under modified conditions...).

- Advertising of purchase or redemption.

- Insertion of incorrect photos in the ad (e.g. poor quality; with subsequently added contact phone number, logo of another site or company, text "sold", etc.).

- One ad contains several advertising items or services.

- Openly offensive content, promotion of racism, bigotry, hatred, or physical harm of any kind.

- Content that excites or promotes the harassment of another person.

- Exploitation of people in a sexual or violent way.

- Content with nudity, excessive violence, or offensive content.

- Requesting personal information from persons under the age of 18.

- Public publication of information that represents or creates a risk to the privacy or security of any person.

- Content that is inaccurate, promotes illegal activities, or is offensive, intimidating, threatening, obscene or defamatory.

- Illegal or unauthorized copying of another person's protected work.

- Transmission of unsolicited mail, circular letters or bulk mail (spam).

- Sites with restricted access or sites that require a password or are hidden.

- Inciting or promoting criminal activities, business or illegal activities.

- Soliciting passwords or information that personally identifies you for commercial or illegal purposes from other users.

- Commercial activities or sales outside the purpose of the Service, without the prior written consent of the Company.

 

These guidelines serve to preserve the integrity of the Service and protect users from unwanted or inappropriate content.

 

**GUIDELINES**

These are examples, without limitation of any kind, of activities that are prohibited or prohibited on the Service:

- Criminal or tortious activities, including child pornography or erotica, fraud, distribution of pornographic content, distribution or consumption of drugs, gambling, harassment, stalking, "spam", pyramid schemes, Ponzi schemes, sending viruses or other harmful files, copyright infringement, patent infringement or trade secret theft.

- Advertising to users or offering to buy or sell any products or services through unauthorized or illegal ways of using the Service.

- Bypassing, modifying, attempting to bypass or modify, or encouraging or helping other persons to bypass or modify any of the security technologies or software that are part of the Service.

- Falsifying TCP/IP packet headers or any part of the information in the header in any posting or otherwise using the Service to send altered, fraudulent or erroneous source-identifying information.

- Activities that include the use of viruses, bots, worms or other computer codes, files or programs that interrupt, destroy or limit the functioning of computer software or hardware or otherwise allow unauthorized use or access to a computer or computer network.

- Interfering with access to the Service by any user, host or network.

- Covering or obscuring advertising via banners on the user's profile page or any page of the Service via HTML/CSS or in some other way.

- Using HTML, CSS or any other coding on the user's profile page, including but not limited to any hidden or otherwise surreptitiously contained codes in the submitted content unrelated to the nature of the submitted content.

- Any automatic use of the system, such as but not limited to using scripts to send photos or videos.

- Interfering with, interrupting or creating an unnecessary load on the Service, network or services connected to the Service.

- Imitation or attempt to impersonate a legal or natural person.

- Using the access data or username of another user at any time or giving the password to third parties or allowing third parties to access a user account that is not theirs.

- Sale or transfer of the user profile in some other way.

- Using information obtained from the Service to harass, abuse or injure a person, and attempt to do so.

- Unauthorized commercial advertisement on the user profile, acceptance of payment or anything of value from third parties in exchange for performing commercial activities through unauthorized or unauthorized use of the Service on behalf of that person.

- Deleting or other ways of changing notices about copyrights, trademarks or other property rights that appear on user content, unless it is user-uploaded content.

- Use of meta tags or other hidden text or metadata using the Company's name, trademark, URL address or product name without the prior express permission of the Company.

- Attempt to probe, scan or test the vulnerability of any part of the Service or violate any security or identity verification measures.

- Collection or storage of personal data about other users without their express permission.

- Impersonating or misrepresenting a relationship with someone through a forwarded text or other form of social engineering or other forms of fraud.

- Using the Services in a manner that does not comply with any applicable laws and regulations or violates the Services or network security.

 

The Company has the right, but not the obligation, to monitor all user activities and user content associated with the Service. The Company may investigate any reported violations of its Terms and other reports and may take any legal or technical action it deems appropriate. The company will investigate the circumstances that may include these violations and may invite cooperation and cooperate with the competent dr

 

public authorities during the identification, investigation or prosecution of persons involved in the violation of the Terms of Use or violation of the law. The Company reserves the discretion to use all legal remedies, including but not limited to the removal of the user's account and user content, as well as to immediately suspend all services of the Company used by the user, in case of any violation of these Terms.

 

**LIMITATION OF LIABILITY**

Users of the Service use it solely at their own risk. By accepting the Terms of Use, the user expressly accepts that the Company cannot be held responsible for the behavior of other users or third parties, as well as for any damage that may arise from such interactions, all in accordance with the applicable legislation of the Republic of Serbia.

Texts (comments), ratings and other content posted by users in the sections provided for this must be accurate and correct. The user is solely responsible for the accuracy of the data that the user enters into the Service. The company does not guarantee the accuracy, reliability or the content posted by users.

This statement of responsibility refers to all possible damages (material and/or non-material) or violations that could arise from hidden defects, errors, interruptions, deletions, malfunctions, delays in operation or transmission of computer viruses, as well as theft, destruction or unauthorized access to data by third parties, negligence and other similar situations.

Except in the case of intent or gross negligence, the Company is not responsible for any temporary unavailability of the Service or partial or complete non-functioning or incorrect functioning of the same. Also, the Company does not guarantee the behavior of third parties or its users.

 

**JURISDICTION AND DISPUTE RESOLUTION**

The valid regulations of the Republic of Serbia apply to everything that is not regulated by these Terms of Use. All disputes arising from the use of the Service are subject to the jurisdiction of the courts of the Republic of Serbia. The parties undertake to try to resolve all disputes amicably, and if this is not possible, the Commercial Court in Belgrade for legal entities, or the Basic Court in Belgrade for natural persons, is responsible for resolving disputes.

 

FINAL PROVISIONS

 

**CHANGES AND AMENDMENTS TO THE TERMS OF USE**

The company reserves the right to amend or supplement these Terms of Use at any time. All changes and additions will be published on the Internet presentation and notifications will be sent to all registered users at least eight days before the start of the application of the new Terms of Use. If the already registered user does not respond within the specified period (by clicking on the link to accept the new Terms of Use), it will be considered that he agrees with the changes. If the user expressly does not accept the new Terms of Use (by clicking on the non-acceptance link), it will be considered that his user status has ended, and the contractual relationship is terminated according to the previous Terms of Use. Acquired user rights remain unchanged.

 

**BEGINNING OF APPLICATION AND VALIDITY**

These Terms of Use enter into force on 01.05.2024. years.

 

**LEGAL IMPORTANCE**

Each printed copy of these Terms of Use produces full legal effect based on the provisions of the Electronic Document Act, and its validity or probative force cannot be disputed.

 

**JURISDICTION**

All disputes arising from the use of the Service are subject to the jurisdiction of the courts of the Republic of Serbia. The parties undertake to try to resolve all disputes amicably, and if this is not possible, the Commercial Court in Belgrade for legal entities, or the Basic Court in Belgrade for natural persons, is responsible for resolving disputes.