www.plus-auto.ro

Last updated: May 10, 2024

Art. 1. General Presentation:

1.1. The terms and conditions in this document, including Annexes 1-3, constitute the entire contractual relationship between Old Auto Rolling S.R.L., a Romanian legal entity, headquartered in Bucharest, Șos. Nordului, nr.96G, floor 1, ap.3, sector 1, registered with the Trade Register under no. J40/7843/2023, unique registration code 48054390, tax attribute RO, email: office@oldauto.ro, and individual or legal entity users (who do not act as professional vehicle sellers), Romanian or foreign, and those who register on the Marketplace platform available at www.plus-auto.ro.

1.2. The platform is aimed at professionals specialized in the sale of motor vehicles, legal entities or individuals who wish to sell vehicles to interested parties by publishing a sales announcement, in accordance with the provisions of these Terms and Conditions, as well as visitors or registered users of the Platform who wish to purchase motor vehicles.

1.3. Any reference in this document to Terms and Conditions is considered to include its annexes, which are an integral part of the Terms and Conditions.

1.4. By registering on the platform by completing the identification data and communicating the requested documents, as well as by accepting the Terms and Conditions, as well as the Personal Data Processing and Processing Policy, you declare that you have read in full and understood these Terms and Conditions and agree to their application to the contractual relationships between you and Old Auto Rolling S.R.L. company.

2. Definitions:

The following terms used in this document shall have the following meanings:

1. Old Auto Rolling/Society: Old Auto Rolling S.R.L., a Romanian legal entity, headquartered in Bucharest, Șos. Nordului, nr.96G, floor 1, ap.3, sector 1, registered with the Trade Register under no. J40/7843/2023, unique registration code 48054390, tax attribute RO, email: office@oldauto.ro;

2. Platform/Site: the web page available at www.plus-auto.ro, which can be accessed by any natural or legal person, in Romanian and English, and with respect to which the Company holds all administration and use rights;

3. Seller: Romanian or foreign natural person, as well as a legal entity established in accordance with Romanian law or the law of another state, regardless of the method of organization, who, once registered on the Platform, can occasionally or periodically publish announcements regarding the sale of a Vehicle, in accordance with the requirements provided in the TC.

4. Announcement: the public offer launched by a Seller with the purpose of being published by the Company, through the Platform, regarding the sale of a Motor Vehicle.

5. Vehicle/Motor Vehicle: any vehicle, new or used, regardless of the mode of propulsion, used routinely for the transport of persons or goods on the road or for towing, on the road, vehicles used for the transport of persons or goods. This category also includes: motorcycles, trailers, semitrailers, trucks, trucks over 7.5 tons, vans.

6. Seller Account: the registration by the Seller on the Platform through a valid email address and password, which allows him to use the Platform and stores information about the Seller's activity within the Platform.

7. Terms and Conditions/TC: the provisions of this document, including its annexes, which constitute the entire contractual relationship between the Company and the Seller and which define the conditions and rules that the Seller must comply with in order to use the Platform.

8. Platform User: any person, registered or unregistered in the Platform, who can view the Announcements and who can contact the Seller using the contact details displayed by him, by phone or through the "Messaging" function (function available only to registered Users) within the Platform.

3. Registration and Activation of the Seller Account:

3.1. For the registration of a Seller Account, the following mandatory steps must be completed:

1. Completing Seller's data: the name and surname of the person who owns the account, email address; setting a password that meets security requirements. It is mandatory that the provided data be real and complete, as they will be used to activate the Account;
2. Verification of the email address, by accessing the link transmitted by the Company to the email address completed by the Seller;
3. Confirmation of registration on the Platform, transmitted by the Company to the Seller's email address.

3.2. After confirming registration on the Platform, the Seller will receive access to all Account facilities, as mentioned in these TC.

3.3. The Seller is obliged to update the data provided on the Platform whenever changes occur, otherwise there is a possibility of no longer being able to access or use the Account.

3.4. If the Seller does not register activity in the Seller Account for a period of 1 year, meaning that he does not publish at least one Announcement during a calendar year, the Company will communicate to the email address an information regarding the existence of the Seller's registration on the Platform and the possibility for him to continue using the account by confirming the access credentials or the possibility to delete the account. If the Seller does not register activity in the Seller Account for a period of 2 years, and the Seller does not expressly confirm the continuation of the contractual relationships with the Company, the Seller Account will be automatically deleted by the Company.

4. Seller Account:

4.1. The Seller will have access to a dedicated page within the Platform that contains:

1. Information about the Seller and contact details (My Account);

2. Published announcements and the validity period of each Announcement, Announcements under review, Announcements being completed by the Seller; Deactivated Announcements;

3. Invoices issued by the Company for the Announcements published by the Seller and payments made by the Seller;

4. Notifications, where he will find the messages received from Platform Users regarding the published Announcements.

5. Export of personal data and deletion of the account according to the Personal Data Processing Regulation (GDPR).

4.2. At any time, the Company reserves the right to modify the structure and configuration of the Seller Account, without being held responsible to the Seller for any damages.

4.3. Through the "Messaging" facility, the Seller will have the opportunity to discuss directly with persons interested in purchasing a Motor Vehicle. Messages transmitted between the Seller and potential clients are accessible and can be viewed only by the Seller and the potential client.

5. Announcements. Tariffs:

5.1. To post an announcement, the Seller must comply with the requirements set out in Annex 2 - Rules for Publishing Announcements.

5.2. The announcement is created by completing the form available on the Platform. The form includes mandatory fields (marked with an "*") and optional fields. Failure to complete all mandatory fields renders the announcement impossible to publish.

5.3. Announcements published by the Seller are valid for a period of 30 calendar days from the date of publication and will be viewable by Platform Users throughout the mentioned period unless there is a reason for the announcement to be removed before this date, such as:

• Deactivation or deletion of the announcement by the Seller;

• Termination of contractual relationships between the Company and the Seller;

• Failure to comply with the rules for posting announcements provided in Annex 2 - Rules for Publishing Announcements;

• Admission of a complaint filed by a Platform User or a third party justifying a legitimate interest, including for failure to comply with the requirements regarding the Digital Service Act.

5.4. Publishing the announcement on the Platform, with the possibility of viewing by Platform Users, is only done after verification by the Company.

5.5. During the verification process by the Company, if the announcement does not comply with the requirements indicated in Annex 2 - Rules for Publishing Announcements, the Company will send a notification to your Seller account regarding the requirement(s) that is/are not met. You are obliged to rectify the announcement, and the Company does not have the right or obligation to make these modifications for you. During the verification process, the announcement will be marked as "Under Review" and will not be viewable by Platform Users. Rectification of an announcement during the verification procedure is possible for a maximum of 30 calendar days from the date of payment for the announcement. If the announcement rectification is not carried out in accordance with the provisions of Annex 2 - Rules for Publishing Announcements, the respective announcement is deactivated.

5.6. After publishing the announcement on the Platform, the Seller has the possibility to modify, extend the validity, deactivate, reactivate, and delete an announcement in accordance with these TCs and the information contained in Annex 2 - Rules for Publishing Announcements. The announcement can also be deactivated by the Company if, after the publication of the announcement, it is found that it does not meet the requirements provided in Annex 2 - Rules for Publishing Announcements.

5.7. Before the expiration of the announcement's validity period, the Company will notify the Seller through the Platform, 3 calendar days, respectively 1 calendar day before the expiration of the duration. The Seller has the possibility to extend the validity period of the announcement before it expires, with payment of the corresponding tariff, the extension period being 30 calendar days from the expiration date of the initial duration.

5.8. The completion of the sales process for a Vehicle will be carried out directly between the Seller and the Platform User, by any other means agreed between them. In this regard, the Seller undertakes to use the contact details of the Platform Users in compliance with the legal provisions regarding the processing of personal data, not having the right to use them for other purposes. It is strictly forbidden for the Seller to transmit them to any other person, to contact the User for harassment purposes, to contact the User repeatedly and without justification.

5.9. The content of an announcement, including the accuracy of the information regarding the technical characteristics of a Vehicle, legal information, etc., is the responsibility of the Seller, and the Company assumes no responsibility towards the Seller or third parties for any errors or omissions, intentional or unintentional, for any attempted fraud, presenting false facts as real, etc. We strongly recommend verifying the announcements carefully, both at the time of publication and after verification, and correcting any errors of which you have or could have knowledge with minimal diligence.

5.10. Publishing an announcement is only possible after paying the publication fee.

5.11. The Company reserves the right to refuse to publish an announcement if it violates these TCs, Annex 2 - Rules for Publishing Announcements, or if it contains inappropriate, offensive, discriminatory, or otherwise illegal content.

5.12. The Company may unilaterally modify the publication fee of an Announcement, based on a notification sent at least 15 calendar days before the date on which they come into effect. The new publication fees do not affect the Announcements already published by the Seller or those under verification at the date of entry into force of the new fees, which will be displayed by the Company at the initial price for the entire validity period of the Announcement (30 calendar days). In the event that the Seller does not agree with the new fees, they may unilaterally terminate the contractual relationship with the Company, based on a simple notification.

5.13. Verified Announcements will be published on the Platform and can be viewed in the order from the most recently published Announcement to the oldest, with the default publication and sorting method. The following sorting criteria can be applied:

- from the oldest to the newest Announcement;

- the most viewed Announcements;

- based on price – ascending;

- based on price – descending.

6. Suspension and Restriction of Seller Account:

6.1. The Company has the right to suspend a Seller's account for a maximum period of 30 calendar days , in the following situations:

1. if the Seller violates the TC;
2. in case the Company receives a complaint from a User, in accordance with and respecting the provisions of Article 7 of these TC.

During the suspension:

- The Seller cannot post Announcements anymore;

- The Seller no longer has access to Seller Account functionalities;

- Published Announcements are deactivated.

The Company will communicate to the Seller by email, at the latest on the date of suspension, the reasons for its decision.

The provisions of Article 7 - User Complaints. Complaints filed by Sellers. Resolution Procedure apply accordingly.

6.2. The Company has the right to suspend ( deactivate) access to a Seller's Account in the following situations:

1. if the Seller who violated the TC does not remedy the issues indicated by the Company within the specified period, which cannot exceed 30 calendar days;
2. if, during a calendar year, the Company suspends the Seller's account more than 3 times;
3. there are suspicions of fraud (such as, but not limited to: the use or presentation by Users of false, incorrect, or incomplete information or documents, which could result in harming Users' rights; failure to communicate relevant information about the Vehicle to Users, which could result in harming Users' rights; lack of intention to honor Orders placed by Customers whose payment has been made; the use of deceptive practices).

In case of suspension of access to the Seller Account:

- The Seller can no longer access the Account;

- The Seller cannot create a new account using the same email address.

The Company will communicate to the Seller by email, at least 30 calendar days before, the reasons for its decision.

The provisions of Article 7 - User Complaints. Complaints filed by Sellers. Resolution Procedure apply accordingly.

6.3. Upon receiving the suspension or account termination decision transmitted by the Company, the Seller has the right to communicate clarifications to the Company regarding the facts and circumstances presented in the Company's reasoning and, if necessary, to comply with the requirements imposed by the Company for compliance.

6.4. The notice period mentioned in Article 6.2. is not mandatory in the following cases:

1. The Company is subject to a legal or regulatory obligation under which it must completely suspend the provision of services to a specific Seller in a manner that does not allow the Company to respect the notice period;
2. The Company exercises a right of suspension for an imperative reason under domestic law, which complies with EU law;
3. The Company can demonstrate the repeated violation by the Seller of the TC, which led to the suspension or restriction of the total provision of services;
4. in the case of publication by the Seller of illegal information;
5. in case of counterfeiting, fraud, the Seller's use of malware programs, spam;
6. in case of breach by the Seller of data security or other cybersecurity risks.

In these situations, the Company will communicate by email to the Seller, within a maximum of 10 calendar days from suspension/termination/restriction, the reasons that led to this decision, except for the cases mentioned in Article 6.4. lit. a) and lit. c).

7. User Platform Complaints. Seller Complaints. Resolution Procedure:

A. User Platform Complaints:

7.1. If the Company receives a complaint from a User of the Platform regarding an Announcement, the behavior of a Seller, or any violation of the TC by the Seller, the Company has the right to investigate the reported issues and to request explanations and documents from the Seller, who is obliged to communicate them within a maximum of 5 calendar days from receipt of the request.

7.2. Depending on the potential negative impact of the complaint on the rights held by the Company over the Platform, it may, until the resolution of the complaint, take one of the following measures:

1. Suspend the display of an Announcement on the Platform;

2. Suspend the Seller Account. This measure will be taken by the Company even if the Seller does not communicate their explanations/documents within 5 calendar days from receipt of the request.

The provisions of Article 6 apply accordingly.

7.3. If, after the investigation, the complaint proves to be unfounded, the Seller:

1. will immediately lift the suspension on the Announcement, which will be reactivated and displayed on the Platform for the remaining validity period of the Announcement of 30 calendar days;
2. will immediately lift the suspension on the Seller Account, and the Seller will benefit from all Account functionalities.

7.4. If the complaint proves to be justified, the Seller:

1. will permanently remove the Announcement;
2. may immediately lift the suspension on the Seller Account, with the Seller being warned about the unfulfilled obligations, mentioning that a new breach may lead to the suspension of access to the Seller Account;
3. if the breach of obligations by the Seller is serious, the Company will proceed to suspend access to the Account, without the possibility of re-registering with the same email address;
4. will report to the competent authority, if necessary.

7.5 . The Company reserves the right to verify compliance with the TC and, without the existence of a complaint, to request information and documents from the Seller. The provisions of Articles 7.2. -7.4. apply accordingly.

B. Complaints submitted by Sellers:

7.6. The Seller has the right to file complaints in case of non-performance or improper performance by the Company of the obligations incumbent upon it under these TC.

7.7. Complaints will be communicated by email to the address: office@oldauto.ro.

7.8. Complaints will include: the identification data of the Seller and contact details (to the extent different from those communicated in the Platform), the Advertisement ID, and the reasons for the complaint. The Company may, after receiving the complaint, request additional information and documents necessary for the resolution of the complaint.

7.9. Complaints will be resolved within a maximum of 30 working days from the date of receipt of all necessary information and documents by the Company for the adoption of a resolution regarding the received complaint. The Company may extend the resolution period, by a reasonable period, by informing the Seller in advance about this extension.

7.10. Upon completion of the investigations carried out following the complaint, the Company will communicate to the Seller, by email, the decision regarding the reported aspects.

8. Seller's Liability. Limitation of the Company's Liability towards Sellers:

8.1. The Seller is the sole party responsible for any direct or indirect damages caused to the Company, Platform Users, or third parties, as a result of acts or omissions of the Seller, in connection with or resulting from:

1. the information and/or documents uploaded to the Platform by the Seller;
2. the information or personal data of Platform Users about which the Seller becomes aware as a result of using the Platform or which are stored on the Platform;
3. the information and content published in the Seller's Advertisements, including regarding photos, equipment, technical condition, safety or warranty of the Vehicles, legal information regarding the Seller or Vehicle, legal origin of the Vehicles or any data about the Vehicles;
4. the legal relationship concluded between the Seller and Platform Users regarding a Vehicle, its conclusion, execution, or non-execution;
5. any intentional or unintentional omission, attempt to mislead, fraud, deception, and other such acts, or attempts to commit such acts by the Seller in relation to Platform Users or the Company;
6. the publication by the Seller or the communication by the Seller to Platform Users through the "Messaging" service within the Platform of offensive, discriminatory, abusive language, with unfair competition, infringing any intellectual property rights or copyrights, infringing any legal provisions regarding sales, advertising, or promotion, consumer rights;
7. any acts or omissions of its own employees, representatives, or collaborators;
8. the quality and conformity of the Vehicles, including with regard to the warranty obligation for eviction, apparent or hidden defects, risks associated with the Vehicles, if applicable;
9. any breach of the provisions of these TC.

8.2. The Company is not liable for any direct and indirect damages caused to the Seller or third parties, in connection with:

1. the operation and availability of the Platform, at a certain time;
2. any subsequent changes to the Platform, including with regard to design, functionalities, or their ordering within the Platform;
3. the unilateral modification by the Company of the TC, respecting the provisions of this document;
4. the change of ownership right over the Platform or the granting to third parties of any right to use it;
5. services integrated into the Platform, such as: removal, addition, modification of functionalities, as they may be decided at a certain time by the integrated service provider; change of provider, as well as in case of their non-functioning for a limited period of time;
6. force majeure or fortuitous event.

8.3. In the event that the Company's liability to the Seller is incurred, it shall be limited to the value of all amounts paid by the Seller to the Company, within one calendar year, in connection with the publication of Advertisements.

9. Confidentiality. Personal Data Protection:

9.1. In the interpretation of these TC by Confidential Information means any and all private or commercially sensitive information and/or of a professional nature (marked or not as such), regardless of their form and support, and includes, without limitation: information not publicly known about finances, current and potential customers, business and marketing plans, proposals, projects, forecasts, employees or collaborators of the Company or of the Seller legal entity (including any and all relevant information and data relating to them) and drawings, manuals, inventions, patent applications, process and manufacturing information, research plans and results, computer programs, databases, software programs, flow charts, specifications, technical data, scientific and technical information, test results, market studies, and know-how related to any of the foregoing. Confidential Information includes both information related to the Parties and information received by any of the Parties, which the receiving Party is required to keep confidential, as well as any and all information that the Parties have agreed to treat as confidential (including any aspects related to them).

9.2. The Parties shall take all necessary and useful measures to prevent unauthorized use, disclosure, dissemination, or unauthorized publication or bringing to the public's knowledge of confidential information.

9.3. Neither party shall use the disclosed information and data, directly or indirectly, personally or through third parties, without the prior written consent of the other Party.

9.4. The above provisions shall not apply if and to the extent that the Confidential Information:

1. must be disclosed under applicable law or regulations and, in these circumstances, only on condition that, as soon as a request to this effect arises, the Parties shall inform each other and take all reasonable measures to cooperate in the actions they consider necessary to protect their interests. In any case, the disclosure shall refer only to that part of the Confidential Information strictly necessary to be disclosed, and the Parties shall cooperate regarding the date and content of the disclosure and shall ensure that the persons to whom the Confidential Information is disclosed are aware of its confidential nature and continue to respect it;
2. is information regarding which the Parties agree in writing that they do not have a confidential nature;
3. is published or accessible to the general public otherwise than by breach by one Party of the TC or any other confidentiality obligation;
4. is disclosed to members of the group to which the other Party belongs;
5. must be disclosed to the public/Clients, for the purpose of fulfilling the obligations under these TC;
6. is provided for the resolution of a complaint or claim, in accordance with the provisions of the TC.

9.5. The Parties are obliged to apply appropriate technical and organizational measures to protect confidential information against accidental or unlawful destruction, loss, alteration, unauthorized disclosure, or access.

9.6. The obligation of confidentiality shall be valid for the entire duration in which the Seller Account is active.

9.7. Aspects regarding the protection of personal data are provided for in Annex no. 3, which is an integral part of these TC.

10. Duration. Termination:

10.1. These TC shall take effect on the contractual relationships between the Company and the Seller from the date of registration and verification of the Seller Account in the Platform and shall remain valid until the deletion of the Seller Account from the Platform.

10.2. Termination of contractual relationships, with the consequence of deleting the Seller Account, may occur in the following situations:

10.2.1. By mutual agreement of the Parties;

10.2.2. By unilateral denunciation, by either Party, with the transmission of a notice of at least 15 calendar days, without the obligation to pay any compensation;

10.2.3. By unilateral termination by either Party, if the other party does not comply with the obligations provided in the TC, based on a simple notification sent with a notice period of 15 calendar days, without the need for intervention by the court and without the obligation to fulfill any other prior formality;

10.2.4. In any other situations provided for in these TC.

10.3. In the event of termination of contractual relationships, regardless of the reason, all information and documents stored in the Seller's account, as well as personal data to which it has had access or stored by it, will be automatically deleted, without the possibility of subsequent access. Exceptionally, the Seller's data used by the Company for issuing invoices to the Seller will not be deleted.

11. Modification of Terms and Conditions:

11.1. The Company reserves the right to modify these TC, including the annexes, at any time, based on a notification and with a notice period of 15 calendar days.

11.2. The notification shall be communicated by email to all Sellers who have an active account and shall become effective after the expiry of the notice period.

11.3. The notice period shall be 30 calendar days from the date of receipt of the notification in the following situations:

1. Certain essential features of the Platform are removed, such as: agreed payment methods;

2. New essential features are added;

3. The fees for publishing an Advertisement are modified. In this case, the publishing fee for Advertisements posted/in the process of verification until the date of the new fees' effectiveness will not change;

4. In cases where the Seller must adapt their goods or reschedule their services to continue operating on the Platform.

11.4. By exception from the previous provisions, the Terms and Conditions will be changed with immediate effect and without prior notice in the following situations:

1. the change is subject to a legal or regulatory obligation that requires the Company to immediately modify the terms and conditions;

2. when an immediate change to the terms and conditions is necessary, exceptionally, to address an unforeseen and imminent danger related to the defense of the services provided by the Company, its consumers or the Platform users against fraud, malware, spam, data security breaches, or other cybersecurity risks.

11.5. In the event of a change to these Terms and Conditions, the Seller has the right to communicate, during the notice period provided, the termination of the contractual relationship with the Company. Termination of the contractual relationships becomes effective within 15 calendar days from the date of receipt of the relevant notification sent by the Seller in accordance with the provisions of Article 13.2.

12. Intellectual Property

12.1. The copyright on the Platform is owned by the company Old Auto Rolling S.R.L.. No material from the Platform may be reproduced, wholly or partly, or modified without the explicit written permission of Old Auto Rolling S.R.L.. The content of this website, including images, texts, graphics, symbols, graphic elements, scripts, programs, logos, databases and any other materials present are protected by copyright law and remain the property of Old Auto Rolling S.R.L.. Linking to these websites from other websites or vice versa, without prior written agreement, is prohibited. In situations where this happens without written consent from Old Auto Rolling S.R.L., it does not assume responsibility for the unaffiliated websites that may be linked to, for materials posted on these sites by persons other than those authorized by Old Auto Rolling S.R.L. and reserves the right to seek legal remedy according to current laws for any such action.

12.2. Reproduction, copying, duplication, selling, reselling or exploiting any part of the services, access, use of the services or information made available by Old Auto Rolling S.R.L. through the Platform in a manner that violates Romanian or international copyright and/or intellectual property laws entails civil or criminal liability for such actions. Old Auto Rolling S.R.L. reserves the right to prevent by any means and to seek legal remedy in accordance with current laws against those involved in the destruction or alteration of the Platform, its content, its security, or attempts to attack or discredit Old Auto Rolling S.R.L. or its partners, products, services and employees.

12.3. The Seller acknowledges that access to the Platform does not constitute a transfer of property or other rights over the Platform, except those expressly granted by these Terms and Conditions, including the source code. All intellectual property rights related to these, as well as to all modifications, developments, updates made to the Platform at a later date, remain and will remain the exclusive property of the Company. The Company grants the Seller a non-exclusive right to use the Platform and its functionalities, during the contractual relationship as regulated by these Terms and Conditions and for the purposes set forth therein.

12.4. Use of the materials available within the Platform can only be done with the Company's agreement. Data and information available within the Platform should not be aggregated or processed for the purpose of disclosure to third parties, within other sites, platforms.

12.5. In the event that the Company receives a notification regarding the infringement of third-party intellectual property rights related to the Vehicles, images and information published by the Seller within the Platform, including, but not limited to, copyrights or related rights, photos, images, design, name, trademark, patent, etc., the Company will transmit it to the Seller, who is solely responsible to immediately contact the holder of the rights in question and/or the allegedly harmed person, to take all necessary measures to remedy the situation and, if applicable, to compensate directly and fully the person(s) entitled.

12.6. If the Company is required to pay any expenses, including judicial or extrajudicial, fines, compensation to Platform Users and/or third parties or suffers damages as a result of the Company violating third-party intellectual property rights, the Seller is obliged to pay the Company all these expenses, costs, compensations and any other direct and indirect damages suffered, within a maximum of 5 calendar days from the notification transmitted by the Company.

13. Final Provisions. Applicable Law. Notifications

13.1. Any reference in these Terms and Conditions regarding the Seller's email address is considered to be made at the email address provided during the registration process. If there is a change regarding the contact person's email address, the Seller is obliged to make the change in the Account Management section. The omission of the Seller to make these changes cannot be attributed to the Company, any notification or communication sent by the Company to the Seller is considered validly made at the initially communicated address.

13.2. Any notification made under these Terms and Conditions is valid if it is sent by mail/courier, with receipt confirmation, through the Platform – in the Notifications section, or by email.

13.3. These Terms and Conditions are governed by Romanian law. Any disputes related to the interpretation, applicability, execution, termination of the contractual relationships generated by these Terms and Conditions will be resolved by the competent judicial court at the Company's registered office.

13.4. If a provision of the Terms and Conditions is or becomes null, illegal, invalidated, or proven unenforceable under law or by a final court decision, the legality, validity and enforceability or the executory nature of the other provisions of the Terms and Conditions as a whole will not be affected.

13.5. The parties undertake not to make statements in the press/online media/social media platforms and/or other public statements that could denigrate the image of the other Party or that could affect the image/reputation/business/interests of the other Party.

13.6. The following annexes form an integral part of these Terms and Conditions:

• Annex No. 1 – Fees

• Annex No. 2 – Rules for Posting Advertisements

• Annex No. 3 – Processing of Personal Data

Annex No. 1 - Fees:

1. The fee for publishing an Advertisement is 10.00 Euro (including VAT), at the exchange rate of B.N.R. valid on the date of payment.
2. The same fee applies also in the case of:
   1. extending the validity of the Advertisement;
   2. reposting the Advertisement.
3. The fee related to the publication of an Advertisement is non-refundable:
   1. in case the Advertisement is removed by the Seller;
   2. if the Vehicle subject of the Advertisement has been sold by the Seller;
   3. if the Seller modifies the Advertisement to such an extent that it undoubtedly targets a different Vehicle than initially intended;
   4. if the Seller does not modify the Advertisement, according to the notification sent by the Company or, although it modifies it, these modifications do not meet the requirements set out in Annex No.2, and from the date of payment of the Advertisement fee, 30 calendar days have passed;
   5. the Advertisement does not comply with the TC and is rejected by the Company during the verification process;
   6. in case the Advertisement is requested for publication/ modified, with the clear intention to harass, mislead, or without the intention to offer a Vehicle for sale.

Annex No. 2 - Rules for Posting Advertisements

1. The Object of the Advertisement:

- The advertisement must target a vehicle that belongs to one of the following classes: cars, motorcycles, utility vehicles;

- The vehicle should not have more than 180,000 km mileage and should not be older than 10 years (based on the year of manufacture);

- The advertisement must target a single Vehicle, excluding the publication of an advertisement for 2 or more Vehicles, even if they have identical features or equipment;

- If the advertisement targets a Vehicle under a leasing contract, it is mandatory to mention this in the content of the Advertisement;

- Vehicles that have unrepaired damage at the time of the advertisement's publication cannot be the subject of an Advertisement;

- A Vehicle that is a total loss at the time of the advertisement's publication cannot be the subject of an Advertisement.

- The advertisement must only target the sale of a Vehicle, other methods of transferring the right of use (for example: rental, financing by leasing or credit, etc.) are not accepted.

2. Content of the Advertisement:

- Advertisements must include the real contact details of the Seller, the description of the Vehicle and relevant technical data, as well as the selling price.

- The description of the Vehicle must not include words that are obscene (regardless of the language of origin), insulting, discriminatory, or incite hatred of any kind;

- It is forbidden to include words in the Vehicle description that are unrelated to the object of the Advertisement;

- The price must not be nominal (e.g., 100 lei) and should reflect the actual value of the Vehicle;

- The price must include all taxes (for example, VAT) and will be displayed without decimals. In cases where removing the taxes (VAT) results in a net price with decimals, it will automatically be rounded as follows:

1. down, if the decimal value is 49 or less (for example: 50,000.49 Lei, the net price will be displayed as: 50,000 Lei);
2. up, if the decimal value is 50 or more (for example: 50,000.50 Lei, the net price will be displayed as: 50,001 Lei);

- Multiple advertisements for the same Vehicle are not allowed;

- The Company recommends, for security reasons, not to publish images or information containing the Vehicle's chassis number/registration number. However, it is your option whether to make this information about the Vehicle public, and such images will not be subject to a non-compliance notification regarding the publishing requirements from the Company and will be published as such. Consequently, by accepting these Terms and Conditions, you are fully aware of any consequences that publishing such information may have, and accordingly, the Company will not be liable for any damages you may suffer.

3. Format and Content of Photographs:

- An advertisement must be accompanied by at least 5 photographs of the Vehicle, in standard format (e.g., 4:3, 3:2) and none of the photos should be larger than 10 MB. The maximum number of photographs allowed is 30;

- Must only include the Vehicle that is the subject of the Advertisement;

- Must not include email addresses, websites, phone numbers, or other contact details;

- Must not contain the Seller's name (in the case of individuals), the commercial name, or other distinctive brands of the Seller (if the seller is a legal entity);

- The photos should show images of the Vehicle that is the subject of the Advertisement, generic or catalog pictures taken from other sites are not allowed;

- Photographs must not show images of people, especially the face of a person. These are only allowed if they are blurred;

- Must not contain images and/or other elements that are obscene, derogatory, racist, etc.;

- The Vehicle must be clean and free of personal objects;

- The photographs must not be blurry, not be dark, the vehicle should be correctly framed, and the background should not be cluttered.

4. Modifying the Advertisement:

- All elements of an Advertisement can be modified, except for the following elements: class, category, brand, model.

- If the modification concerns the following elements: price, VAT type (deductible/non-deductible), description, adding photographs, these will be verified by the Company.

5. Deactivating the Advertisement by the Seller and Extension of the Validity Period:

This can be done by the Seller, during the validity period of the Advertisement, which is 30 calendar days, for example, if you are in discussions with a User for the sale of the Vehicle.

During the 30-day validity period of the Advertisement, you have the option to extend the validity period of the Advertisement, which will then be valid for a period of 30 calendar days from the initial expiration date.

6. Deleting the Advertisement:

If you have sold the Vehicle or no longer wish to promote it, you have the option to delete the Advertisement.