Prodajem Auto

Terms of use

Evo kompletnog prevoda teksta fajla na engleski:


GENERAL TERMS AND CONDITIONS

These Terms of Use govern the rights and obligations regarding the use of the ProdajemAuto.rs service (hereinafter: the Service).

The Service is available at:

the website ProdajemAuto.rs

The Service represents an information society service provided by the company PRODAJEM AUTO DOO, Kralja Aleksandra Obrenovića No. 41, Floor IV, 11400 Mladenovac, Republic of Serbia, registration number: 22055780, tax ID: 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 both natural and legal persons, exclusively in the manner and under the conditions described in these Terms of Use, and under the conditions under which the information society service is provided.

By accessing and using the Company’s Service, users agree to the Terms of Use, thereby concluding an access contract with the Company as the provider of the information society service.

Each access to the contents of the Service is subject to these Terms of Use.

The Company's operation 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 Personal Data Protection, as well as other provisions of the legal system of the Republic of Serbia in parts not regulated by the aforementioned laws.

The Company is committed to preserving and enforcing the rights related to personal data protection of individuals, as well as copyright, all in accordance with the rules of the information profession, good business practices, and the applicable regulations of the Republic of Serbia.

The Service is not a substitute for professional consulting or brokerage services in employment or any other services not mentioned in these Terms, nor does the Company provide or ensure any other services except for the information society service described. The Company in no way essentially influences the content posted by users or that which has been generated by aggregating publicly available data, nor does it guarantee the accuracy or usefulness of the information presented through the available content. The sole responsibility for the content lies with those persons who posted it or from whom the content has been obtained.

The Company has the right, but not the obligation, to remove at any time from the Service any content that is contrary to the positive legal regulations of the Republic of Serbia or the provisions of these Terms, without any obligation to provide prior or subsequent notice or explanation.


INTEGRITY AND DESCRIPTION OF THE SERVICE

The Service is intended for advertising new and used vehicles for sale, including passenger cars, motorcycles, commercial vehicles, agricultural machines, construction machinery, boats, bicycles, as well as parts and accessories. In addition, the Service provides content that informs users about topics related to automobiles.

Furthermore, the Service offers functionalities that facilitate the buying process for users.

Any use of the Service or its parts that does not comply with these Terms of Use will be considered abuse and a violation of the Terms.

The Company transmits electronic messages sent by users, but does not initiate transmissions, modify message data, or choose the recipient of the transmission.

The Service enables access to content generated by aggregating publicly available data and content posted by users, free of charge.

The Service allows users to advertise on the Internet in accordance with the Law on Advertising.

The Company reserves the right to change or temporarily or permanently discontinue any part of the Service or its services without prior notice.

Time references, deadlines, time zones, and working days are calculated according to the applicable regulations of the Republic of Serbia.


COPYRIGHT

The Company exclusively reserves the copyright and intellectual property rights on the ProdajemAuto.rs service, as well as on all individual elements that constitute it, including texts, visual and audio elements, visual identity, data and databases, source code, and other elements of the service for which the Company is the copyright holder.

Unauthorized use of any part of the Service, or the Service in its entirety, without explicit prior written permission from the Company as the holder of the exclusive copyrights, will be considered a violation of the Company's copyrights and will be subject to full legal proceedings.

The Service may contain elements on which exclusive copyright, trademark, and other intellectual property rights belong to third parties, such as user content, business partners’ content, advertisers, and others. Third parties bear full responsibility for the content on which they hold such rights, regardless of the fact that such content is available on the ProdajemAuto.rs service.

By posting content on the Service, the user agrees that such content becomes publicly available to every visitor of the Service and to visitors of other information society service providers or media with which the Company cooperates. Further retransmission of content from other persons or parts of content from any part of the Service is permitted only with the explicit prior consent of the Company, with clear indication that the content has been retrieved from the Service and accompanied by a link to the original content. The Company is responsible only for the content on which it holds copyrights.

Each individual is solely responsible for the content that is their own creative work, which they have independently posted and made publicly available through the Service.


USERS

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

VISITOR

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

REGISTERED USER

A registered user is a natural or legal person who has signed up on 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. During registration, a natural person is obliged to fill in a form with personal data. These data are used in accordance with the Law on Personal Data Protection and the Privacy Notice available on the Service.

Registration on the Service is available to properly registered legal entities and entrepreneurs. During registration, a business entity is obliged to fill in a form with the legal entity’s data. These data remain in the Company’s records and, in the legal entities in which the Company holds majority ownership, will not be used for any purpose other than the fulfillment of rights and obligations under these Terms of Use.

Registration on the Service does not imply registration of the business activity or acquisition of any status in the sense of the Law on Business Companies or the Law on Trade. The Company does not guarantee that registered users are properly registered for trading, nor that they have the status of a business entity.

A registered legal entity user may indicate that the ad has been posted in the Service’s ad database, 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 details obtained through the Service, only for the purpose for which they are intended and not for any other purposes. Any use of the information contrary to these Terms of Use incurs liability in accordance with the Law.

Each registered user gains access to their account on the Service by logging in. A registered user may customize their account and assign or change their name.

The user chooses the password during registration and is solely responsible for safeguarding the password and for using the Service via the access credentials. The user must not share their access credentials with others. If the user suspects unauthorized use of their access credentials, they must notify the Company.

The registered user retains all copyrights to the content they post on the Service. The registered user guarantees that they have the necessary copyrights to the content they post. For every violation of copyright or any other intellectual property right, the registered user who posted the content is liable. By posting content, the user permits the Company to use that content for promotional or educational purposes, with proper attribution to the author.

A registered user may post different content simultaneously. Posting content on the Service does not prevent the user from posting that content elsewhere.

Registered users who advertise can list their vehicles either as sellers of their vehicles or as dealers of vehicles, parts, and accessories.

A registered user may request deactivation or deletion of their profile on the Service. In the case of profile deletion, the user cannot reactivate the same profile or register again with the same email address on the Service.

In the event of deactivation or deletion of a user’s profile, the Company does not guarantee that third parties have not stored the data contained in the user’s ad during the period when the ad was active, nor that these data will not later be used for contacting purposes by those who stored the data.

A registered user may contact the Company via [email protected] if they believe that someone is misusing their data or contacting them outside the context of the ad.


ADVERTISING AND AD MESSAGE

The transmitter of the advertisement message is the Company, which is the provider of the information society service and provides the advertising service exclusively via the Internet.

A person advertising through the Service is not obliged to provide an Advertising Declaration in accordance with Article 45 of the Law on Advertising, in relation to Article 19, but is obliged to clearly identify themselves in order to use the advertising service.

The responsibility for the content, accuracy, correctness, validity, and permissibility of the advertisement message lies solely with the person who entered the advertisement. For all legal consequences arising from the entry of the advertisement message, the person who entered the advertisement 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 the event of receiving such an ad, the Company may contact the advertiser to amend the advertisement message. The Company may at any time refuse to post any advertisement 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, as the responsibility lies solely with the person who advertises, i.e. who submitted such content.

By transmitting advertisement messages, the Company does not mediate in the transfer of ownership of vehicles. The conclusion of a contract transferring any right to a vehicle is the responsibility of the parties involved. Also, by transmitting advertisement messages, the Company in no way determines or influences the content of any contract for the transfer of rights to a vehicle that the contracting parties conclude independently.


POSTING ADVERTISING MESSAGES – ADS

Registered users who advertise a vehicle submit the ad through the ad ordering form on the Service. The user is obliged to correctly fill in all mandatory fields in the ad ordering form when posting the advertisement message.

In case the ad text or the payment method needs to be further agreed upon before the ad is published, or a certain payment must be made, the ad will be published immediately after such agreement or payment is completed.

Persons who may have outstanding monetary obligations towards the Company gain the right to publish ads only after the settlement of those obligations is recorded.

If a user of the Service claims that a vehicle (advertised through the Service) has license plates of the Republic of Serbia (hereinafter: domestic plates), regardless of whether the vehicle is properly registered or if the registration has expired, the Company has the right to electronically collect a photograph of the rear side, i.e. the back of the vehicle registration document, a photograph of the insurance policy, or the registration certificate, in order to verify the claim of the user. The Company does not provide these vehicle registration document photos for viewing, nor does it make them available to other users of the Service or third parties in any way. If the user is unable to document their claim regarding the existence of domestic plates, the Company reserves the right to deny free advertising in the respective category.

In accordance with its own business policy, which is applied equally to all users, the Company limits the number of free ads available to each individual user.

If it happens that a user purchases an ad package or other Service services (which they intend to use for an extended period), that user is protected from any price changes of ads during the period of the advertising service.


REVIEWS AND COMMENTS

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

Users have the possibility to post ratings from 1 to 5 stars. The Company reserves the discretionary right to cancel assigned ratings, as well as the right not to cancel a rating in each individual case.

Visitors have the ability to post content in the form of comments in the “Advice and News” section. Registered users can post content in the “Guestbook,” the “Advice and News” section, as well as when using the “Rate Seller” functionality.


PAYMENT OF SERVICE FEES AND REFUND OF FUNDS

The Company provides certain information society services for a fee according to the Price List. Fees become due upon receipt of the corresponding payment notice (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 modify the Price List at any time.

Changes to the Price List apply eight days from the date of its publication.

The current Price List is available at: https://www.prodajemauto.rs/cenovnik

When ordering an ad, if payment is made by credit card and the user has not provided all necessary documentation for ad publication, or if the ad does not comply with the Terms of Use, and the payment has been made via credit card, the Company will initiate a refund of the reserved funds from the bank, but cannot guarantee the refund period since it depends on the cardholder’s bank. The security of data during purchase is guaranteed by the credit card processor Raiffeisen Bank Belgrade and WSpay as the payment page provider.

If cooperation between the Company and the user does not occur, and the funds have been withdrawn from the card, the Company will initiate a refund of the charged funds from its bank but cannot influence the refund period which depends solely on the cardholder’s bank with which the ad was paid.

In cases where a refund needs to be issued to a user who is a natural person, it is necessary for the user to provide the Company with their identity card number for this purpose.

In the event of a complaint regarding a service from Prodajem Auto’s buyer, the buyer and seller will mutually determine (agree upon) the most appropriate way to potentially compensate for any incurred damage. If you wish to file a complaint regarding a particular service, please contact us at +381 60 511 99 14 (from 08:00 to 16:00) or via email at [email protected]. If the complaint is accepted, the full amount of funds will be refunded to the buyer’s account within 15 days from the acceptance of the complaint. In the event of order cancellation, notification must be provided exclusively in electronic form. In the case of a refund for a buyer who previously paid with one of the credit cards, partially or entirely, regardless of the reason for the refund, Prodajem Auto d.o.o. is obliged to process the refund exclusively through the VISA, EC/MC, and Maestro payment methods, meaning that the bank, at the seller’s request, will process the refund to the cardholder’s account. Additional information can be obtained by calling +381 60 511 99 14.


STATEMENT ON CURRENCY CONVERSION

The primary currency for payments on the Prodajem Auto portal is RSD. In the event that you make a payment in another currency, all payments will be processed in the Serbian dinar (RSD). The amount charged to your credit account is obtained by converting the price expressed in euros to Serbian dinars according to the prevailing exchange rate of the National Bank of Serbia.

When charging your credit card, the same amount is converted into your local currency according to the exchange rate of the card associations. As a result of this conversion, there may be a slight difference compared to the original price stated on our website.


PROTECTION OF USER PRIVACY

On behalf of Prodajem Auto d.o.o., we undertake to safeguard the privacy of all our customers.

We collect only the necessary, basic data about customers/users and the data necessary for business operations and for informing users in accordance with good business practices and in order to provide quality service.

We give customers the choice, including the option to decide whether or not they wish to be removed from mailing lists used for marketing campaigns.

All data about users/customers are strictly protected and available only to employees who need these data to perform their duties. All employees of the Prodajem Auto portal (and business partners) are responsible for respecting the principles of privacy protection.


PROTECTION OF CONFIDENTIAL TRANSACTION DATA

When entering credit card information, confidential data are transmitted over the public network in a protected (encrypted) form using the SSL protocol and PKI system, which represent the most modern cryptographic technologies currently available.

The security of data during purchase is guaranteed by the credit card processor. At no point are credit card details available to our system.


REFUND OF FUNDS

In the event of a return of goods and a refund to a buyer who previously paid with one of the credit cards, partially or entirely, and regardless of the reason for the refund, Prodajem Auto is obliged to process the refund exclusively through VISA, EC/MC, and Maestro payment methods, meaning that the bank, at the seller’s request, will process the refund to the cardholder’s account.


NOTIFICATIONS

The user is hereby informed that the Company may periodically send notifications related to the content of the Service, notifications concerning the operation of the Service, company news, and other similar notifications through usual communication channels such as, but not limited to: Viber messages, SMS, emails, etc.


GUIDELINES

Registered users undertake that when creating content they will comply with the Guidelines set forth herein.

The Company reserves the right, but not the obligation, to remove or not publish content that any registered user posts on the Service without notice, particularly if such content, in the Company’s discretionary judgment, includes (but is not limited to):

  • Entering content in the wrong categories (e.g., entering a phone number in a field not intended for that purpose).

  • Incorrect categorization of content (e.g., posting an ad that is not relevant to the category in which it is advertised).

  • Duplicate ads (the same ad posted multiple times, advertising the same product or service only with modified conditions...).

  • Advertising for purchase or buy-back.

  • Uploading incorrect photographs in an ad (e.g., of poor quality; with additional contact phone number, logo of another site or company, text "sold", etc.).

  • One ad containing multiple items or services.

  • Openly offensive content, promotion of racism, intolerance, hatred, or physical harm of any kind.

  • Content that incites or promotes harassment of another person.

  • Exploitation of people in a sexual or violent manner.

  • Content with explicit, excessively violent, or offensive material.

  • Requesting personal information from persons under 18 years of age.

  • Publicly posting information that represents or creates a risk to the privacy or safety of any person.

  • Content that is inaccurate, promotes illegal activities, or is offensive, threatening, impolite, or defamatory.

  • Unauthorized or unlicensed copying of protected work by another person.

  • Transmission of spam, chain letters, or mass mail.

  • Pages with restricted access or pages that require a password or are hidden.

  • Inciting or promoting criminal activities, trades, or illegal actions.

  • Requesting passwords or information that personally identifies you for commercial or unauthorized purposes from other users.

  • Commercial activities or sale outside the scope of the Service, without prior written consent of the Company.


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


PROHIBITED ACTIVITIES

Below are examples—without any limitation of any kind—of activities that are prohibited or forbidden on the Service:

  • Criminal or tortious activities, including child pornography or erotic content, fraud, distribution of pornographic material, drug use or distribution, gambling, harassment, stalking, spam, pyramid schemes, Ponzi schemes, sending viruses or other harmful files, copyright infringement, patent violation, or theft of trade secrets.

  • Advertising to users or offering to buy or sell any products or services through unauthorized or prohibited means of using the Service.

  • Circumventing, modifying, attempting to bypass, or encouraging or assisting others 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 post or by any other means using the Service to send altered, fraudulent, or incorrect information that identifies the source.

  • Activities involving the use of viruses, bots, worms, or any other computer codes, files, or programs that disrupt, destroy, or limit the operation of computer software or hardware or otherwise allow unauthorized use or access to a computer or computer network.

  • Interfering with the access of any user, host, or network to the Service.

  • Obscuring or hiding advertising via banners on a user’s profile page or any page of the Service using HTML/CSS or in any other way.

  • The use of HTML, CSS, or any other coding on a user’s profile page, including but not limited to any hidden or otherwise concealed codes in the posted content not related to the nature of the content.

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

  • Interfering with, interrupting, or creating unnecessary load on the Service, network, or services connected with the Service.

  • Impersonating or attempting to impersonate a legal or natural person.

  • Using another user’s access credentials or username at any time or disclosing one’s password to third parties or allowing third parties to access a user account that does not belong to them.

  • Selling or transferring a user profile by any means.

  • Using information obtained from the Service to harass, abuse, or harm any person, or attempting to do so.

  • Unauthorized commercial advertising on a user’s profile, accepting payments, or anything that has value from third parties in exchange for performing commercial activities through unauthorized or prohibited use of the Service in the name of that person.

  • Deleting or altering copyright notices, trademarks, or other proprietary notices appearing on user content, unless such content is the content that the user posts.

  • Using meta tags or other hidden text or metadata using the Company’s name, trademark, URL, or product name without the Company’s explicit prior consent.

  • Attempting to examine, scan, or test the vulnerability of any part of the Service or to breach any security measures or identity verification measures.

  • Collecting or storing personal data about other users without their explicit consent.

  • Impersonating or falsely representing affiliation with someone through pre-sent text or another form of social engineering or other fraudulent methods.

  • Using the Services in a manner that is not in accordance with any applicable laws and regulations or that violates the Service or network security.

The Company reserves the right, but not the obligation, to monitor all user activities and user content associated with the Service. The Company may investigate all reported violations of its Terms and other complaints and may take any legal or technical measures it deems appropriate. The Company will investigate the circumstances that may include such violations and may call for cooperation and collaborate with competent state authorities during the identification, investigation, or criminal prosecution of persons involved in such violation of the Terms of Use or violation of the law. The Company reserves the discretionary right to use all legal means, including but not limited to the removal of the user account and user content, as well as to immediately suspend all services used by the user in the event of any violation of these Terms.


LIMITATION OF LIABILITY

Users of the Service use it at their own risk. By accepting the Terms of Use, the user expressly acknowledges that the Company cannot be held responsible for the behavior of other users or third parties, nor for any damage that may arise from such interactions, in accordance with the applicable legislation of the Republic of Serbia.

Texts (comments), ratings, and other content posted by users in the designated sections must be accurate and correct. The responsibility for the accuracy of data entered by the user into the Service lies solely with that user. The Company does not guarantee the accuracy, reliability, or the content itself posted by users.

This disclaimer applies to all possible damages (material and/or immaterial) or injuries that may arise from hidden defects, errors, interruptions, deletion, failures, 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 cases of intent or gross negligence, the Company is not responsible for any temporary unavailability of the Service or its partial or complete malfunctioning or misfunctioning. Also, the Company does not guarantee the behavior of third parties or its users.


JURISDICTION AND DISPUTE RESOLUTION

For all matters not regulated by these Terms of Use, the applicable regulations of the Republic of Serbia shall apply. All disputes arising from the use of the Service are subject to the jurisdiction of the courts of the Republic of Serbia. The parties agree to attempt to resolve all disputes amicably, and if that is not possible, the competent court for resolving disputes shall be the Commercial Court in Belgrade for legal entities, or the Basic Court in Belgrade for natural persons.


FINAL PROVISIONS

AMENDMENTS AND SUPPLEMENTS TO THE TERMS OF USE

The Company reserves the right to amend or supplement these Terms of Use at any time. All amendments and supplements will be published on the Internet presentation and a notification will be sent to all registered users at least eight days before the new Terms of Use come into effect. If an 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 they agree with the changes. If the user explicitly does not accept the new Terms of Use (by clicking on the link for non-acceptance), it will be considered that their user status has terminated, and the contractual relationship will be terminated in accordance with the previous Terms of Use. The rights acquired by the user remain unchanged.

EFFECTIVE DATE AND VALIDITY

These Terms of Use come into force on 01.05.2024.

LEGAL VALIDITY

Every printed copy of these Terms of Use has full legal effect based on the provisions of the Law on Electronic Documents and its authenticity or probative value cannot be challenged.

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 agree to attempt to resolve all disputes amicably, and if that is not possible, the competent court for resolving disputes is the Commercial Court in Belgrade for legal entities, or the Basic Court in Belgrade for natural persons.

 

 

UPDATE

March 20, 2005

Terms of Use and Purchases via Apple Payments

Purchases via Apple payments are available through the iPhone application, including:

Auto-Renewable Subscriptions

Subscriptions provide access to additional features and are automatically renewed every month unless the user cancels before the end of the current billing period.

Available Packages:

  • Start Packages

    • Start 5
    • Start 10
    • Start 25
    • Start 50
  • Business Packages

    • Business 10
    • Business 25
    • Business 50
    • Business Ultimate

? Subscription Duration: 1 month
? Renewal: Automatically every month unless the user cancels before the next billing cycle.
? Cancellation: Subscriptions can be canceled at any time via the Apple Store app or in Apple account settings.


Credit Purchases (One-Time Purchase)

Users can purchase credits that are used within the application. Credit purchases are not subscriptions and do not renew automatically.

Available Options:

  • 5 Credits
  • 10 Credits
  • 15 Credits
  • 20 Credits
  • 30 Credits
  • 50 Credits
  • 100 Credits
  • 150 Credits
  • 200 Credits

? Credit purchases are one-time transactions and do not renew automatically.


Payments and Invoice Issuance

  • Apple processes payments through its service and makes payouts on a monthly basis.
  • An invoice for Apple service payments will be issued after Apple processes the transaction.
  • All purchased features are immediately available upon payment confirmation and are not dependent on invoice issuance.

For any additional information, please contact us via email: [email protected]

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