Art. 1. General Overview
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, with its registered office in Bucharest, Șos. Nordului, nr.96G, 1st floor, ap.3, sector 1, registered with the Trade Registry under no. J40/7843/2023, Unique Registration Code 48054390, tax attribute RO, e-mail: office@oldauto.ro, and professional users (Dealers) who register on the Marketplace platform available at www.plus-auto.ro.
1.2. The platform is intended for professionals specialized in the sale of road vehicles; legal entities or individuals who wish to sell their vehicles to interested parties by publishing a sales ad, in accordance with the provisions of the Terms and Conditions in this document, as well as visitors or registered users of the Platform who wish to purchase vehicles.
1.3. Any reference in this document to the 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, consisting of completing the identification data and submitting the requested documents, as well as accepting the Terms and Conditions and the Data Processing and Handling Policy, you declare that you have fully read and understood these Terms and Conditions and that you agree to apply them to the contractual relationships between you and Old Auto Rolling S.R.L.
2. Definitions
The following terms used in this document will have the following meanings:
- Old Auto Rolling / The Company: Old Auto Rolling S.R.L., a Romanian legal entity, with its registered office in Bucharest, Șos. Nordului, nr.96G, 1st floor, ap.3, sector 1, registered with the Trade Registry under no. J40/7843/2023, Unique Registration Code 48054390, tax attribute RO, e-mail: office@oldauto.ro;
- The Platform / The Website: the website available at www.plus-auto.ro, which can be accessed by any individual or legal entity, in Romanian and English, and over which the Company holds all ownership rights;
- Dealer: the legal entity established in accordance with Romanian law, regardless of the form of organization, acting professionally for the sale of road vehicles, and who, once registered on the Platform, can publish ads for the sale of Vehicles, in compliance with the requirements set out in the Terms and Conditions. This category also includes individuals registered under O.U.G. 44/2008, who act professionally for the sale of road vehicles.
- Ad: the public offer made by a Dealer for publication by the Company, through the Platform, regarding the sale of a Vehicle.
- Vehicle: any vehicle, new or used, regardless of the mode of propulsion, typically used 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, caravans, semi-trailers, trailers, trucks, trucks over 7.5 tons, utility vehicles.
- Dealer Account: the Dealer's own page on the Platform (back-end), accessible based on the credentials provided by the Dealer, which allows the Dealer to use the Platform's features depending on the type of Subscription they have opted for and which stores information about the Dealer's activity within the Platform.
- Dealer's Page: the web page (front-end), allocated to a Dealer on the Platform, which includes information about the Dealer: Dealer presentation, main address, contact details, sales locations, sellers, Dealer's ads.
- Facilities: auxiliary goods and services to the Vehicle offered or mediated by the Dealer, such as: extended warranty/insurance, obtaining temporary license plates, leasing or credit intermediation, Vehicle inspection at an authorized service, RCA or Casco insurance intermediation.
- Terms and Conditions: the provisions of this document, including its annexes, which constitute the entire contractual relationship between the Company and the Dealer and which define the conditions and rules that the Dealer must comply with to use the Platform.
- Platform User: any person, registered or unregistered on the Platform, who can view the Ads and contact the Dealer using the contact details displayed by the Dealer, by phone, via the WhatsApp application, or by e-mail.
3. Registration and Activation of the Dealer Account
3.1. To register a Dealer Account, the following mandatory steps must be completed:
- Dealer user data completion: the name and surname of the person who owns or will manage the Dealer's main account (Master Admin); e-mail address; phone number; setting a password that meets security requirements. It is mandatory that the provided data be real and complete, as they will be used for Account activation and access to the Dealer Account;
- Dealer data completion: unique registration code, company name, registration number with the Trade Registry, registered office address, bank account, contact person, phone and e-mail contact person, official Dealer website. In this step, you will also provide the trade name that will be used in all published Ads;
- Uploading a photocopy of the registration certificate issued by the Trade Registry.
After completing the data and uploading the document, you will receive an e-mail at the
address of the person who holds the main account for registration verification, by accessing
a link.
Your registration will be validated by the Company after verifying the information and
documents submitted. After validation, you will receive an e-mail confirming the activation
of the Account on the Platform.
If you do not meet the conditions provided in the definition of "Dealer" (according to
art. 2, lit.c), the Company will reject your registration. However, you have the option to
create an individual account.
3.2. Authentication on the platform, after Account activation, requires two-step authentication, meaning you will receive an SMS on the phone number of the person holding the main account. For security reasons, you will periodically need to undergo two-step authentication.
3.3. The Dealer is obligated to update the data provided on the Platform whenever changes occur; otherwise, they may not be able to access or use the Account. The Company may also suspend the Dealer Account if the registered data no longer corresponds to reality.
3.4. The person holding the main account can create access accounts for the Platform for the purpose of publishing Ads for their own collaborators/employees, referred to as "Sellers." To this end, the person holding the main account will complete the following Seller data: name and surname; e-mail address; phone number; sales location, and set the password with which the Seller can authenticate on the platform (the Seller can change their own access password). Sellers do not have access to the information in the Dealer Administration section (see art. 4) and do not have the right to make changes to the Dealer's Account. Sellers have the right to publish Ads and generate CarVertical reports and, depending on the type of Subscription, perform other operations related to the sale of a Vehicle (e.g., generating and sending offers, generating documents, generating UIT codes for e-Transport, managing sales, etc.).
3.5. If the Dealer does not register activity in the Dealer Account for a period of 1 year, meaning they do not publish at least one Ad within a calendar year, the Company will send an e-mail informing the Dealer about the existence of their registration on the Platform and the possibility to continue using the account by confirming the access credentials or the option to delete the account. If the Dealer does not register activity in the Dealer Account for a period of 2 years and does not explicitly confirm the continuation of the contractual relationship with the Company, the Dealer Account may be deleted by the Company.
4. Dealer Account. Dealer Account Features
4.1. The Dealer will have access to a dedicated page on the Platform which, depending on the type of subscription chosen, may contain the following Sections:
I. Dealer Management
Includes information about the Dealer, a history of operations performed on the Platform, and documents that can be generated from the Platform in dealings with its own clients. Access to this Section is only permitted to the person who holds the main account.
The subsections that you will have access to, depending on the type of subscription, are as follows:
- Subscriptions: You can view the type of subscription you have, the number of available credits, and the validity period of the subscription. Additionally, you can manage your subscription by changing the desired subscription type, either by downgrading to a lower subscription or upgrading to a higher one. More details about subscriptions can be found in Art. 5, as well as in Annex No. 1;
- Credit History: Allows you to view how the credits associated with your subscription have been consumed;
- Orders: You will find information about the date you purchased a subscription and be able to download the corresponding invoices;
- Profile: You will find your Dealer data provided at the time of registration on the Platform and be able to edit this data;
- Document Categories: You have the option to upload standard templates of the documents you use in your dealings with your own clients (e.g., contracts). By using Document Variables, you can generate these documents directly on the Platform by automatically filling in data and information from other subsections of the Platform (e.g., the name, address, and contact details of your clients are automatically filled in the sales contract you are about to conclude with the respective client; details about the sold vehicle, the sale price, can also be automatically filled in);
- Document Variables: These are a series of formulas, predefined by the Company, whose use in your document templates allows the inclusion of the information targeted by the Variable in these documents (e.g., the name, address, and contact details of your clients);
- Sales Locations: Allows the creation and management of the addresses where you conduct your activity and where you can be found by your clients;
- Sellers: Allows the creation and management of the people who act on your behalf on the Platform as sellers;
- ANAF Authentication: Through the qualified electronic signature that you hold, it allows the integration of your Dealer Account with the portal of the National Agency for Fiscal Administration, for generating UIT codes in the e-Transport system;
- Facilities: Services you offer to your clients. These are entered/modified in this subsection and will appear when creating/editing an Ad to be selected by each Seller, depending on the offer;
- Registers: Allows the numbering of the documents you issue on the Platform if you have included the corresponding Variable in the document. Numbering is automatic and cannot be modified by you.
II. Menu
Includes data and information about your own clients and suppliers, sales operations that are pending or have been completed.
The subsections that you will have access to, depending on the type of subscription, are as follows:
- Dashboard: Allows you to view statistics on: the total number of ads; the number of active ads; the number of sales locations and the most active sales locations; the number of sellers; the list of R.A.R. appointments; the last published Ad, the most viewed ads.
- Ads: Allows you to view the Ads you have published, the validity period of each Ad you have published, and manage them (modify, delete, extend validity, etc.).
- Offers: Allows the creation and management of prospects (potential clients) and the sales offers sent to them.
- CarVertical: Allows the issuance and viewing of CarVertical reports issued through our partner CV Group. The reports contain data about a Vehicle identified by its chassis number (VIN), collected from over 900 sources in 35 countries, being an important tool for determining the legal and technical status of the respective vehicle.
- Sales: Allows the creation of a sales operation of a Vehicle to a client, as well as the editing of information about the client, vehicle, and financial aspects of the transaction. Additionally, for creating and managing sales reports, you can add information about the costs incurred with the respective vehicle (e.g., transport costs, vehicle repairs) and attach documents related to that vehicle (e.g., the Vehicle Identity Card, the C.M.R. with which the vehicle was transported to your premises). Also, in this Section, if you opted for the "Top Equipment" subscription, you have the option to generate the necessary sales documents: contract, proforma invoices, vehicle delivery document to the client, etc.
- Suppliers: Allows the creation and editing of a database of your Suppliers. In the created database, you can rate a supplier, write comments about your experience with that supplier, and view the transactions you have had with that supplier.
- Clients: Allows viewing the database of your clients, whether individuals or legal entities, with whom you have completed a sales operation.
- eTransport: Thanks to the integration of the Platform with the e-Transport platform of ANAF, you will be able to generate UIT codes and automatically transmit information to ANAF. You will also have access to the database of all generated UIT codes and will be able to see if they have been validated by ANAF.
- Transporters: Allows the creation and management of the database with the transport companies you collaborate with. Entering a carrier into this database allows you to import their data into the e-Transport section.
- File Library: Allows you to upload and store documents of interest to you, such as the company's registration certificate, certificate of status, etc. You will thus have easy access to these documents and can later download and send them to your suppliers and clients.
- Financing Companies: Allows the creation and management of the credit, financial leasing, or operational leasing companies you collaborate with.
- Exchange Rate: In this Section, you will find the official exchange rate published by the National Bank of Romania for the national currency of the main currencies.
- Reports: Allows the creation and viewing of the Intrastat report for import and export. The reports are generated automatically, based on the data entered for each sale, with the date the UIT code is generated.
4.2. The Dealer benefits from integrated services on the Platform:
- Generating documents in PDF format secured by Adobe;
- Generating CarVertical reports;
- Integration for obtaining company data through Termene.ro;
- Integration for obtaining vehicle specifications through Outvin;
- Integration for obtaining exchange rates from B.N.R.;
- Integration with A.N.A.F.
4.3. At any time, the Company reserves the right to modify and complete the integrated services, as well as the structure or configuration of the Seller Account, by eliminating or adding additional services/sections or subsections and the right to change the integrated service provider, without being held liable to the Dealer for any damages.
5. Ads. Subscriptions
5.1. To publish an Ad, the Seller must comply with the requirements set out in Annex No. 2 – Rules for Posting Ads.
5.2. To ensure a uniform display of Ads published on the Platform, the ad is created by filling out the existing form on the Platform, where you need to complete technical details about the Vehicle as well as the promotion price. Ads must be accompanied by at least 5 photos of the Vehicle. Additionally, Ads can be accompanied by a video of the Vehicle.
5.3.1. Each Ad published by the Dealer is valid for a period of 30 days from the date of publication and can be viewed by Platform Users throughout the mentioned period unless a reason for the Ad's removal occurs before this date, such as:
- the Ad is deactivated or deleted by the Seller;
- the contractual relationship between the Company and the Seller ends;
- non-compliance with the rules for publishing Ads set out in Annex 2;
- a complaint is accepted from a Platform User or a third party with a legitimate interest, including non-compliance with the requirements of the Digital Service Act.
5.3.2. The validity period of the Ad is mentioned in each Ad.
5.3.3. The validity period of the Ad is not affected by the expiration of the type of Subscription chosen by the Dealer.
5.4.1. After the Ad is published on the Platform, the Dealer has the option to modify, deactivate, republish, and delete an Ad, in accordance with the provisions of these Terms and Conditions. The Ad can also be deactivated by the Company if it is found after the Ad's publication that it does not meet the requirements set out in Annex 2.
5.4.2. Modifying an Ad: The Dealer has the option to modify or complete, during the validity period of the Ad, any information, photos, and video of the Vehicle, including the price. Modifying an Ad does not incur any cost for the Dealer.
5.4.3. Deactivating an Ad: The Dealer has the option to deactivate an Ad, which means that the Ad will no longer be visible to Platform Users. Deactivating the Ad can be done, for example, if you are in discussions to finalize a sales transaction with a Platform User. All data regarding the respective Ad remains saved on the Platform. The Dealer has the option to reactivate the Ad during the initial validity period, at no additional cost, and the Ad will be re-displayed on the Platform until the initial validity period expires. If the reactivation of an Ad occurs after the initial validity period of the Ad expires, the costs (credits) for publishing an Ad will apply, depending on the type of Subscription held by the Dealer at the time of reactivation.
5.4.4. Republishing an Ad: allows the Dealer to republish an Ad after the initial validity period has expired. The function for republishing an Ad is set by default on the Platform as automatic. You can manually deactivate this default setting by pressing the "Stop Automatic Republishing" button for each Ad.
5.4.5. Deleting an Ad: allows the Dealer to permanently delete an Ad. By choosing this option, all data, information, and documents related to an Ad will be deleted from the Platform.
5.5. Before the expiration of the Ad's validity period, the Company will notify the Seller through the Platform, 3 days, and 1 day before the expiration of the duration. The Seller has the option to extend the validity period of the Ad before it expires by paying the applicable fee, with the extension period being 30 days from the date of the initial expiration.
5.6. The sale process for a Vehicle will be finalized directly between the Dealer and the Platform User, by any other means agreed upon between them. In this regard, the Dealer agrees to use the contact details of Platform Users in compliance with legal provisions regarding the processing of personal data, not being allowed to use them for other purposes, and is strictly prohibited from disclosing them to any other person, contacting the User with the intent to harass, repeatedly contacting the User without any justification.
5.7. The content of an Ad, 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 is not liable to the Seller or third parties for any errors or omissions, whether intentional or unintentional, for any attempt to present false facts as real. We strongly recommend that you carefully review the Ads before publishing them and correct any errors that you are or could have been aware of with minimal diligence.
5.8.1. Publishing an Ad is possible only after selecting the type of Subscription and paying its price, as detailed in Annex No. 1 to these Terms and Conditions.
5.8.2. Each type of Subscription corresponds to a number of credits, which will be consumed by publishing an Ad and generating CarVertical reports.
5.9.1. The validity period of a Subscription, regardless of its type, is 30 days from the date of payment of the Subscription price.
5.9.2. After the expiration of the Subscription's validity period, without its renewal, the Dealer will continue to have access to the Account, but will not be able to use the remaining credits (if applicable). The Dealer will be able to view operations performed up to the Subscription's expiration date, modify an Ad that is still valid, but will not be able to publish a new Ad or generate a CarVertical report.
5.9.3. If, at the expiration of a Subscription, the Dealer has unused credits, these credits can only be used if the price of a new Subscription is paid.
5.10. The Subscription price is payable online only, for which you must have a valid bank card. The Company uses Netopia Payments as the payment processor. The invoice for publishing an Ad is automatically issued after payment and is communicated by the Company to the Dealer through the e-Invoice system, and can also be downloaded directly from the Dealer Account, in the Financial section, Orders subsection.
5.11. The Company may unilaterally modify the Subscription prices based on a notification sent at least 15 days before the date they take effect. The new Subscription prices do not affect the validity of the Subscriptions paid before the new prices come into effect, which will remain valid until the Subscription's expiration date. If the Dealer does not agree with the new prices, they can unilaterally terminate the contract based on a simple notification.
5.12. The Company may unilaterally modify the value of the credits associated with publishing an Ad/generating a CarVertical report, based on a notification sent at least 15 days before the date they take effect. The new credit value for publishing an Ad/generating a CarVertical report does not affect already published Ads or Ads republished within the 15-day notice period. If the Dealer does not agree with the new credit value, they can unilaterally terminate the contract based on a simple notification.
5.13. At any time during the validity period of a Subscription, including when extending the duration, the Dealer has the option to change the type of Subscription by choosing either a higher or lower Subscription. From the moment the Dealer opts for a different Subscription type, application functionalities will be removed or added, as appropriate.
5.14. Ads published on the Platform will be viewable in the order from the most recently published Ad to the oldest. Additionally, the following sorting criteria can be applied:
- from oldest to newest Ad;
- from newest to oldest Ad;
- most viewed Ads;
- by price – ascending;
- by price – descending.
6. Suspension and Restriction of the Dealer Account
6.1. The Company has the right to suspend a Dealer's account for a maximum of 30 calendar days in the following situations:
- if the Dealer violates the Terms and Conditions;
- if the Company receives a complaint from a User, under the conditions and in compliance with the provisions of art. 7 of these Terms and Conditions.
During the suspension:
- the Dealer cannot publish Ads;
- the Dealer no longer has access to the Dealer Account functionalities;
- published Ads are deactivated.
The Company will inform the Dealer by e-mail, no later than the date of suspension, of the reasons behind its decision. The provisions of art. 7 - User Complaints. Complaints made by Sellers. Resolution procedure shall apply accordingly.
6.2. The Company has the right to terminate (deactivate) access to a Dealer's Account in the following situations:
- if the Dealer who violated the Terms and Conditions does not remedy the issues indicated by the Company within the time frame specified by the Company, which cannot be longer than 30 calendar days;
- if, within a calendar year, the Company suspends the Dealer's account more than 3 times;
- if there are suspicions of fraud (such as, but not limited to: the use or presentation to Users of false, incorrect, or incomplete information or documents that could prejudice User rights; failure to communicate relevant information about the Vehicle to Users that could prejudice User rights; lack of intent to fulfill Orders placed by Customers whose payment has been made; use of deceptive practices).
In case of termination of access to the Dealer Account:
- the Dealer can no longer access the Account;
- the Dealer can no longer create a new account using the same e-mail address.
The Company will notify the Dealer by e-mail at least 30 calendar days in advance of the reasons behind its decision. The provisions of art. 7 - User Complaints. Complaints made by Sellers. Resolution procedure shall apply accordingly.
6.3. After receiving the suspension or termination decision communicated by the Company, the Dealer has the right to provide the Company with clarifications regarding the facts and circumstances presented in the justification sent by the Company and, if applicable, to comply with the requirements imposed by the Company for compliance.
6.4. The notice period mentioned in art. 6.2. is not mandatory in the following cases:
- the Company is subject to a legal or regulatory obligation under which it must completely terminate the provision of services to a specific Dealer in a manner that does not allow the Company to comply with the notice period;
- the Company exercises a termination right for an imperative reason under domestic law that complies with EU law;
- the Company can demonstrate repeated violations of the Terms and Conditions by the Dealer, leading to the suspension or restriction of services;
- if the Dealer publishes illegal information;
- in case of counterfeiting, fraud, the use of malware, spam by the Dealer;
- in case of the Dealer's breach of data security or other cybersecurity risks.
In these situations, the Company will notify the Dealer by e-mail within no more than 10 calendar days from the suspension/termination/restriction, of the reasons behind this decision, except in cases mentioned in art. 6.4. lit. a) and lit. c).
Art. 7. User Complaints. Reports Submitted by Sellers. Resolution Procedure
A. Platform User Complaints:
7.1. If the Company receives a complaint from a Platform User regarding an Ad, the behavior of a Dealer, or any violation of the T&C by the Dealer, the Company has the right to investigate the reported matters and request explanations and documents from the Dealer, who is obliged to provide them within a maximum of 5 calendar days from receiving 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:
- Temporarily suspend the display of an Ad on the Platform;
- Suspend the Dealer Account. This measure will also be taken by the Company if the Dealer does not provide explanations/documents within 5 calendar days from receiving the request.
The provisions of Art. 6 apply accordingly.
7.3. If, following the investigation, the complaint proves to be unfounded, the Company will:
- Immediately lift the suspension on the Ad, which will be reactivated and displayed on the Platform for the remaining validity period of the Ad within the 30-day period;
- Immediately lift the suspension on the Dealer Account, which will then benefit from all the Account's features.
7.4. If the complaint proves to be justified, the Company will:
- Permanently remove the Ad;
- Lift the suspension on the Dealer Account, with a warning to the Seller about the unmet obligations, noting that a further violation could lead to the termination of access to the Dealer Account;
- If the Dealer's breach of obligations proves to be severe, the Company will terminate access to the Account, with no possibility of re-registering with the same email address;
- Report the matter to the competent authority, if applicable.
7.5. The Company reserves the right to conduct checks regarding compliance with the T&C even in the absence of a complaint and to request information and documents from the Dealer. The provisions of Art. 7.2. - 7.4. apply accordingly.
B. Reports Submitted by Dealers:
7.6. The Dealer has the right to submit reports in case the Company fails to perform or improperly performs its obligations under these T&C.
7.7. Reports will be communicated via email to: office@oldauto.ro.
7.8. Reports must include: the Dealer's identification data and contact details (if different from those provided in the Platform), the Ad ID, and the reasons for the report. The Company may, after receiving the report, request additional information and documents necessary for resolving the report.
7.9. Reports will be resolved within a maximum of 30 working days from the date the Company receives all the necessary information and documents to make a resolution regarding the received report. The Company may extend the resolution period by a reasonable time, informing the Dealer of this extension in advance.
7.10. Upon completion of the investigations conducted following the report, the Company will communicate its decision regarding the reported issues to the Dealer via email.
8. Dealer Responsibility. Limitation of the Company's Liability to Dealers
8.1. The Dealer is solely responsible for any direct or indirect damages caused to the Company, Platform Users, or third parties as a result of acts or omissions by the Dealer, related to or resulting from:
- The information and/or documents uploaded to the Platform by the Seller;
- The information or personal data of Platform Users that the Dealer becomes aware of as a result of using the Platform or that are stored on the Platform;
- The information and content published in the Dealer's Ads, including photos, features, technical condition, safety, or warranty of the Vehicles, legal information about the Dealer or Vehicle, the legal origin of the Vehicles, or any data about the Vehicles;
- The nature of the legal relationship between the Dealer and Platform Users concerning a Vehicle, the conclusion, execution, or non-execution of such relationship;
- Any intentional or unintentional omission, attempt to mislead, fraud, deception, and the like, or attempts to commit such acts by the Dealer/its Sellers in relation to Platform Users or the Company;
- The publication by the Dealer or communication by the Dealer to Platform Users of offensive, discriminatory, insulting, unfair competition content or messages, which violate any intellectual property or copyright, which violate any legal provision regarding sales, advertising or promotion, consumer rights;
- Any acts or omissions of its own employees, representatives, or collaborators;
- The quality and conformity of the Vehicles, including the warranty obligation for eviction, apparent or hidden defects, the risks associated with the Vehicles, if applicable;
- Any violation of these T&C provisions.
8.2. The Company is not liable for any direct or indirect damages caused to the Dealer or third parties in connection with:
- The operation and availability of the Platform at a specific time;
- Any subsequent changes to the Platform, including design, features, or their ordering on the Platform;
- The unilateral modification by the Company of the T&C, in compliance with the provisions of this document;
- The change of ownership of the Platform or the granting of any right of use over it to third parties;
- The services integrated into the Platform, such as elimination, addition, modification of features, as may be decided at any time by the integrated service provider; change of provider, as well as in case of their non-functioning for a limited period;
- Acts of God or force majeure.
8.3. If the Company's liability to the Dealer is applicable, it will be limited to the equivalent of all amounts paid by the Dealer to the Company over a calendar year, related to the publication of Ads.
9. Confidentiality. Protection of Personal Data
9.1. For the interpretation of these T&C, Confidential Information is understood to mean any and all private information or information of a trade secret nature and/or professional secret (whether or not marked as such), regardless of its form and medium, and includes, but is not limited to:
- information not publicly known regarding finances, current and potential clients, business and marketing plans, proposals, projects, forecasts, employees or collaborators of the Company or of the Dealer legal entity (including any and all relevant information and data related to them);
- drawings, manuals, inventions, patent applications, process and manufacturing information, research plans and results, computer programs, databases, software programs, flowcharts, specifications, technical data, scientific and technical information, test results, market studies, and related know-how;
- information relating to the Parties, as well as information received by either Party, which the receiving Party is obliged 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 will take all necessary and useful measures to prevent unauthorized use, disclosure, dissemination, or publication of confidential information, or its public disclosure in any manner.
9.3. Neither Party will 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 will not apply if and to the extent that the Confidential Information:
- must be disclosed in accordance with applicable laws or regulations, and in such circumstances, only on the condition that, as soon as a request arises, the Parties inform each other and take all reasonable measures to cooperate in actions they deem necessary to protect their interests. In any case, the disclosure will refer only to that part of the Confidential Information strictly necessary to be disclosed, and the Parties will cooperate regarding the date and content of the disclosure and ensure that the persons to whom the Confidential Information is disclosed are aware of its confidential nature and continue to respect it;
- is information that the Parties agree in writing does not have a confidential nature;
- is published or accessible to the general public otherwise than by a breach by a Party of the T&C or any other confidentiality obligation;
- is disclosed to members of the group to which the other Party belongs;
- must be disclosed to the public/Customers to fulfill the obligations of these T&C;
- is provided for the resolution of a complaint, in accordance with the provisions of the T&C.
9.5. The Parties are obliged to implement appropriate technical and organizational measures to protect confidential information against accidental or unlawful destruction, loss, alteration, disclosure, or unauthorized access.
9.6. The obligation to maintain confidentiality is valid for the entire duration in which the Dealer Account is active.
9.7. The aspects regarding the protection of personal data are provided in Annex no. 3, which is an integral part of these T&C.
10. Duration. Termination
10.1. These T&C take effect on the contractual relationship between the Company and the Dealer from the date of registration and validation of the Dealer Account on the Platform and remain valid until the Dealer Account is deleted from the Platform.
10.2. The termination of the contractual relationship, resulting in the deletion of the Dealer Account, may occur in the following situations:
- By mutual agreement of the Parties;
- By unilateral termination, by either Party, with a minimum of 15 calendar days' notice, without any obligation to pay compensation;
- By unilateral termination by either Party if the other Party fails to comply with the obligations stipulated in the T&C, by simple notification with a 15-calendar-day notice period, without the need for court intervention and without the obligation to fulfill any other prior formalities;
- In any other situations provided in these T&C.
10.3. In the event of termination of the contractual relationship, regardless of the reason, all information and documents stored in the Dealer Account, as well as any personal data to which the Dealer had access or stored, will be automatically deleted, with no further access to them. By exception, the data used by the Company for issuing invoices to the Dealer will not be deleted.
11. Modification of Terms and Conditions
11.1. The Company reserves the right to modify these T&C, including the annexes, at any time, with notification and a notice period of 15 calendar days.
11.2. The notification will be communicated via email to all Dealers with an active account and will become effective after the notice period has expired.
11.3. The notice period will be 30 calendar days from the date of receiving the notification in the following situations:
- Certain essential features of the Platform are removed, such as approved payment methods;
- New essential features are added;
- The publication fees for an Ad are modified. In this case, the publication fee for Ads published/under review until the new fees come into effect will not be changed;
- If the Dealer needs to adapt their goods or reschedule their services to continue operating on the Platform.
11.4. By exception to the previous provisions, the T&C will be modified with immediate effect and without any notice in the following situations:
- the modification is subject to a legal or regulatory obligation under which the Company must immediately modify its terms and conditions;
- when an immediate modification of the terms and conditions is necessary, exceptionally, to address an unforeseen and imminent danger related to defending the services provided by the Company, its consumers, or Platform users against fraud, malware, spam, data security breaches, or other cybersecurity risks.
11.5. In the event of a modification of these T&C, the Dealer has the right to communicate, during the granted notice period, the termination of the contractual relationship with the Company. The termination of the contractual relationship becomes effective 15 calendar days from the date of receiving the relevant notification sent by the Seller in compliance with the provisions of Art. 13.2.
12. Intellectual Property
12.1. The copyright of the Platform is owned by Old Auto Rolling S.R.L. No material on the Platform may be partially, fully, or modifiedly reproduced without the explicit, written permission of Old Auto Rolling S.R.L. The content of this website, including images, texts, graphics, symbols, design elements, scripts, programs, logos, databases, and any other materials present on it, is protected by copyright law and is the property of Old Auto Rolling S.R.L. It is forbidden to create links to these websites or vice versa without prior written agreement. In cases where this occurs without the written consent of Old Auto Rolling S.R.L., it does not assume responsibility for the unaffiliated sites that may be linked to these sites, for the materials posted on these sites by persons other than those authorized by Old Auto Rolling S.R.L., and it reserves the right to seek penalties in accordance with current legislation for any such actions.
12.2. Reproduction, copying, multiplication, selling, reselling, or exploitation of any part of the services, access, use of the services, or information provided by Old Auto Rolling S.R.L. through the Platform in a manner that violates Romanian or international copyright and/or intellectual property law, involves civil or criminal liability for such actions. Old Auto Rolling S.R.L. reserves the right to prevent by any means and seek penalties in accordance with current legislation for 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 will in no way constitute a transfer of ownership or other rights to the Platform, except for those expressly granted through these T&C, including regarding the source code. All intellectual property rights related thereto, as well as any modifications, developments, or updates made to the Platform at a later date, are and will remain the exclusive property of the Company. The Company grants the Dealer a non-exclusive right to use the Platform and its Features during the contractual relationship as regulated by these T&C and for the purposes specified in these T&C.
12.4. The use of materials available on the Platform can only be done with the Company’s consent. The data and information available on the Platform must not be aggregated or processed for disclosure to third parties, on other sites or platforms.
12.5. In the event that the Company receives a notice regarding the violation of third-party intellectual property rights concerning Vehicles, images, and information published by the Seller on the Platform, including but not limited to copyrights or related rights, photographs, images, designs, trademarks, patents, etc., the Company will forward it to the Dealer, who is solely responsible for immediately contacting the rights holder and/or the allegedly aggrieved person, taking all necessary measures to remedy the situation, and if applicable, fully compensating the entitled person(s) directly.
12.6. If the Company is obliged to pay any expenses, including judicial or extrajudicial costs, fines, compensation to Platform Users and/or third parties, or suffers damages as a result of the Company violating the intellectual property rights of a third party, the Dealer is obligated to pay the Company all such expenses, costs, compensation, and any other direct and indirect damages suffered, within a maximum of 5 calendar days from the notification sent by the Company.
13. Final Provisions. Applicable Law. Notifications
13.1. Any reference in these T&C to the Dealer’s email address is considered to be made to the email address provided during the registration process. If there is a change regarding the contact person's email address, the Seller is obligated to update it in the Account Management Section. The Seller’s failure to make these changes cannot be attributed to the Company, and any notification or communication sent by the Company to the Seller will be considered validly made to the initially provided address.
13.2. Any notification made under these T&C is valid if sent by mail/courier with acknowledgment of receipt, through the Platform - in the Notifications section, or by email.
13.3. These T&C are governed by Romanian law. Any disputes regarding the interpretation, applicability, execution, or termination of the contractual relations generated by these T&C will be resolved by the competent court at the Company’s registered office.
13.4. If any provision of the T&C is or becomes null, illegal, invalid, or proves to be unenforceable under the law or a final court decision, the legality, validity, and enforceability of the remaining provisions of the Terms and Conditions as a whole will not be affected.
13.5. The Parties agree not to make statements in the press/online media/social media platforms and/or other public statements that denigrate the image of the other Party or could affect the image/reputation/business/interests of the other Party.
13.6. The following annexes are an integral part of these Terms and Conditions:
- Annex no. 1 – Subscription Types. Prices
- Annex no. 2 – Rules for Publishing Ads
- Annex no. 3 – Processing of Personal Data, which can be accessed at the following link: https://plus-auto.ro/gdpr/
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Annex No. 1 - Subscription Types. Prices
I. Basic Features:
1. Features of the Basic Subscription:
- Dealer page in the Marketplace (presentation, contact details, link to Dealer page on the Platform, listings, sales locations, sellers);
- My Account;
- Dashboard;
- Facilities;
- Ad management;
- Offer generation and automatic sending;
- Notifications;
- Possibility to register only one sales location;
- Possibility to create up to 5 seller accounts;
- Unlimited CarVertical report generation.
2. Price of the Basic Subscription: 100 Euro (VAT included), representing 100 credits.
3. Credits can be consumed as follows:
- For ad publishing: 12 credits
- For CarVertical report generation: 10 credits
II. Standard Features:
1. Features of the Standard Subscription:
- Dealer page in the Marketplace (presentation, contact details, website link, listings, sales locations, sellers);
- My Account;
- Dashboard;
- Facilities;
- Ad management;
- Offer generation and automatic sending;
- Notifications;
- Document templates;
- Registers;
- Intrastat Reports;
- Complete CRM (customers, suppliers, transporters, financing companies);
- Sales management, including document generation (proformas, contracts, technical sheets, handover-receipt minutes);
- Possibility to register up to 5 sales locations;
- Possibility to create up to 15 seller accounts;
- Unlimited CarVertical report generation.
2. Price of the Standard Subscription: 250 Euro (VAT included), representing 250 credits.
3. Credits can be consumed as follows:
- For ad publishing: 17 credits
- For CarVertical report generation: 10 credits
III. Top Features:
1. Features of the Top Subscription:
- Dealer page in the Marketplace (presentation, contact details, website link, listings, sales locations, sellers);
- My Account;
- Dashboard;
- Facilities;
- Ad management;
- Offer generation and automatic sending;
- Notifications;
- Document templates;
- Registers;
- Intrastat Reports;
- Complete CRM (customers, suppliers, transporters, financing companies);
- Sales management, including document generation (proformas, contracts, technical sheets, handover-receipt minutes);
- File library;
- ANAF eTransport integration;
- Possibility to register an unlimited number of sales locations;
- Possibility to create an unlimited number of seller accounts;
- Unlimited CarVertical report generation.
2. Price of the Top Subscription: 500 Euro (VAT included), representing 500 credits.
3. Credits can be consumed as follows:
- For ad publishing: 20 credits
- For CarVertical report generation: 10 credits
2. Credit Consumption:
Each ad publishing and each CarVertical report generation results in a reduction of the Subscription credits by the value of each operation, depending on the type of Subscription. The credit value for ad publishing also applies to the re-publishing of an ad. The value of the consumed credits will be that of the Subscription valid at the time of ad re-publishing/report generation. If you consume all the credits of a Subscription before the Subscription expires, you can purchase a new Subscription, which will be valid from the date of payment of the new Subscription.
3. Credit Refund:
Credits related to the publishing of an ad or the price of a Subscription are non-refundable in the following cases:
- a) If the ad is deleted by the Dealer;
- b) If the Vehicle that is the subject of the ad has been sold by the Dealer;
- c) If the Dealer modifies the ad to such an extent that it clearly refers to a different Vehicle than initially stated;
- d) If the ad is published/modified with the clear intention of harassment, misleading, or without the intention of offering a Vehicle for sale;
- e) If the Subscription expires and the Dealer has not consumed all the credits associated with the Subscription.
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Annex No. 2 - Rules for Posting Ads
1. Subject of the Ad:
- The ad must target a Vehicle that belongs to one of the following categories: cars, motorcycles, caravans, semi-trailers, trucks, trailers, trucks over 7.5 tons, vans;
- The Vehicle must not have a mileage of more than 180,000 km and an age (based on the year of manufacture) of more than 10 years;
- The ad must target a single Vehicle, and publishing an ad for 2 or more Vehicles is not allowed, even if they have identical features or options;
- If the ad targets a Vehicle that is subject to a leasing contract, this must be clearly stated in the ad;
- A Vehicle that, at the time of publishing the ad, has unrepaired damages cannot be advertised;
- A Vehicle that, at the time of publishing the ad, is a total loss cannot be advertised;
- The ad must only target the sale of a Vehicle, and other means of transferring the right to use (e.g., rental, leasing, or credit) are not accepted.
2. Content of the Ad:
- Ads must include the real contact details of the Seller, a description of the Vehicle, and relevant technical details, as well as the sale price.
- In the description of the Vehicle, the use of obscene words (regardless of their language), insulting, discriminatory, or hate-inciting language is not allowed;
- In the description of the Vehicle, it is forbidden to include words unrelated to the subject of the ad;
- The price must not be derisory (e.g., 100 lei), and it must reflect the real value of the Vehicle;
- The price must include all taxes (e.g., VAT) and will be displayed without decimals. If, by excluding taxes (VAT), a net price with decimals results, it will be automatically rounded as follows:
- Downwards, if the decimal value is 49 or less (e.g., 50,000.49 Lei, the net price will be displayed as: 50,000 Lei);
- Upwards, if the decimal value is 50 or more (e.g., 50,000.50 Lei, the net price will be displayed as: 50,001 Lei);
- Multiple ads for the same Vehicle are not allowed;
- The Company recommends, for security reasons, not to publish images or information with the Vehicle's VIN/registration number. However, it is your option to make such information about the Vehicle public, and such images will not be subject to a modification request by the Company due to non-compliance with the publishing requirements and will be published as is. Therefore, by accepting these T&C, you are fully aware of any consequences that may result from publishing such information, and as a result, the Company will not be liable for any damages you may suffer.
3. Format and Content of Photos:
- An ad must be accompanied by at least 5 photos of the Vehicle in a standard format (e.g., 4:3, 3:2), and none of the photos should exceed 10 MB. The maximum number of allowed photos is 30;
- The photos should include only the Vehicle that is the subject of the ad;
- The photos should not include email addresses, websites, phone numbers, or other contact details;
- The photos should not contain the commercial name or other distinctive trademarks of the Dealer or its Seller;
- The photos should depict images of the Vehicle that is the subject of the ad, and generic or catalog photos or those taken from other sites are not allowed unless you have the express permission of the copyright holder for their publication on the Platform;
- People's images, especially their faces, should not appear in the photos. These are allowed only if they are blurred;
- The photos should not contain images and/or other elements with obscene, defamatory, racist, etc., content;
- The Vehicle should be clean and free of personal items;
- The photos should not be blurry or dark, the Vehicle should be properly framed, and the background should not be cluttered.
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