Terms & Conditions

At Enterprise Classifieds (or “Provider”) we develop and distribute digital products for Osclass. If you do not agree to these Terms & Conditions, you should not use this website, much less consider purchasing.

Legal notice

Company information

Enterprise Classifieds, namely enterprise-classifieds.com and its subdomains, names and products are owned by Mercano Global SRL, registered in Romania, EU.

• Mercano Global SRL
• Brăila, Romania
• CIF: RO43621443
• support@enterprise-classifieds.com (response time  1-2 business days)

Preamble

Enterprise Classifieds is the developer and maintainer of an open-source software solution, released under free license (Apache 2.0), allowing its Customers to create classifieds sites in a quick and professional manner.

The basic version of this solution can be downloaded free of charge from the Osclass Enterprise repository https://github.com/MercanoG/Osclass-Enterprise.

This solution is composed of an open and modular architecture which allows each Customer to personalize his classifieds site and add extra functionalities (Plugins, as defined hereafter) or choose new commercial branding (Themes, as defined hereafter). Plugins and Themes, which constitute the Products, are marketed via the Catalogue (as defined hereafter).

Products are developed either by Enterprise Classifieds itself, or independently, by third party developers (Vendors, as defined hereafter).

The purpose of these general conditions is to define the rights and obligations applicable to Customers who use this website to purchase Products or Services (as defined below) sold by Vendors or by Enterprise Classifieds (as defined below).

These CUSTOMERS T&Cs are intended for professionals acting exclusively for purposes that fall within the scope of their professional activity. It is expressly recalled that the CUSTOMERS T&Cs are only applicable to sales made to a professional buyer who acts for purposes that fall within the scope of his professional activity, and therefore no right of withdrawal exists for his benefit.

Together with the Privacy Policy, these constitute the whole terms and conditions of use.

These general terms and conditions are available in English language.

1. Definitions

The terms defined hereafter shall carry, within the present terms and conditions (including this preamble), every time that they begin with an upper-case letter, whether they are in the singular or the plural, the meaning that is given to them hereafter.

Account: Refers to the exclusive space made available to the Customer to enable him to download the Products purchased, access his personal information and purchase history on Enterprise Classifieds website, his payments history and his requests for support.

Products: Refers to the Plugins and Themes listed and offered for sale on the Enterprise Classifieds website. Purchase of product consists of 3 parts: license (entitlement to use product), subscription (entitlement to download product for six (6) months) and support (entitlement to receive support on product for six (6) months).

After-Sales Service (ASS): Refers to the service provided by a Vendor or Enterprise Classifieds to Customers who have purchased one of its Products, consisting of maintenance and support as defined in Article 6.1.

Services: Refers to the service provided by Enterprise Classifieds or by the Vendor for the purchase of a Product, including After-Sales Service (Subscription & Support) and Minor and Major updates of the purchased Products.

Catalogue: Refers to the catalogue of Products created by the Vendors and by Enterprise Classifieds that are listed and marketed on Enterprise Classifieds website.

Connectors: Means the interface enabling access to the services offered by official Partners.

Partners: Means the companies identified as such on the Enterprise Classifieds website, who offer third party services that can be used by Customers and Merchants who subscribe to them and, if necessary, download the Connectors enabling their use.

Customer: Refers to any individual or company, Merchant or Technical provider acting on behalf of a Merchant that wishes to acquire, within his professional activity, one or more Products on Enterprise Classifieds website and/or benefit from the Services.

Merchant: Individual or company acting in a professional capacity and using the Solution to develop a Classifieds website.

Minor up-date: generic technical update for security and debugging as described in article 6.1.

Major up-date: addition of a new feature or level upgrade of a new version of the Product as described in article 6.1.

Plugins: Refers to Products that are intended to add one or more features to the Solution, compared with the basic version.

Themes: Refers to the Products intended to offer Customers themes with personalized graphics for the Solution that do not come with its basic version.

Packs/Bundles: Means the purchase of one or several Products sold together and identified as such on Enterprise Classifieds website.

Enterprise Classifieds, Osclass Enterprise: Refers to business name owned by Mercano Global SRL, Calea Galati 65, Braila, Romania, RO43621443.

Enterprise Classifieds Market/Shop/Store: Refers to the platform for listing, marketing and downloading the Products included in the Catalogue available at this address: www.enterprise-classifieds.com (or any other URL that may replace it).

Solution: Refers to the Open-Source classifieds solution Osclass Enterprise developed by Enterprise Classifieds that is freely available on GitHub.

Classifieds: Refers to the classifieds website/market based on the Solution.

Technical provider: Individual or company acting in a professional capacity and using the Solution to develop a Classifieds website on behalf of a Merchant.

T&Cs: Refers to these terms and conditions.

Vendor: Refers to any person/entity other than Enterprise Classifieds who has developed one or several Products. At this moment, Enterprise Classifieds does not cooperate directly with any Vendors.

Domain: Refers to production domain of URL/website where Products and/or Classifieds is used. Highest domain level is considered when talking about domains (sub1.domain.com and sub2.domain.com are still considered as 1 domain only: domain.com). Testing domains and localhost are not considered as domain.

Support: Refers to support services to purchased Products, but exclusively to purchased products only (not to the whole Solution or other free products), usually granted for six months if not stated differently. Customers can receive support services by creating support tickets here.

License: Refers to perpetual entitlement/right to use purchased Products.

Subscription: Refers to entitlement to download purchased Products and its available versions, usually granted for six months if not stated differently.

2. Acceptance of the Terms and Conditions

The use of Enterprise Classifieds website is subject to the Terms and Conditions that Enterprise Classifieds reserves the right to unilaterally change at any time. The modifications shall become effective and are applicable as from their publication on the Enterprise Classifieds website, except for the current downloads.

By ticking the box “I have read and agree to the website terms and conditions” when a person creates an account, places a new order or during any update, the Customer is deemed to have read and accepted these Terms and Conditions which shall be applicable and which he must comply with.

Failing to tick the box shall prevent the creation of the Customer’s account, creation of the order and it shall not be valid, as the Customer hereby acknowledges.

Customers are informed that the use of Enterprise Classifieds website and the order of Products and Services is exclusively reserved for professionals, adults or emancipated minors (within the meaning of consumer law) and declare that they are acting in this capacity.

Customers are informed that all Products and Services provided at these websites are intangible – virtual, means these products cannot be returned after purchase, if these were once downloaded (Please read section 8. Claims and Refunds for all details related to refunds).

Customers are informed that there are no trial/test versions available, most Products come with demo sites and images that present these Products and their features.

Customers are informed that complaints on functionality of products after purchase are not acceptable, if functionality is matching the presented/described product.

Customers are informed that Support does not include customization services, installation services, support on the Solution and that Support is exclusively provided only and only to purchased Products and it’s existing features.

Customers are informed that Subscription and Support services are available only for a defined period, usually six months from purchase if not stated differently.

Customers are informed that all Products are only functional on the Solution (Open-Source Classifieds Script ‘Osclass Enterprise’) and liabilities and bugs of the Solution may be transferred to Products, and that these are not objective of Support services.

This declaration is crucial for contracting with Enterprise Classifieds, the Contractor’s remuneration having been established in accordance with the exclusions and limitations of liability provided for in these Terms and Conditions.

As a professional acting for purposes that fall within his commercial, industrial, artisanal or self-employed activity, the Customer acknowledges that he does not have the right of withdrawal which is for the sole benefit of the consumers within the meaning of the Consumption Code.

At the time of downloading any Products, the Customer acknowledges that he does not benefit from an option to withdraw on the digital content downloaded as soon as the download has started.

3. Availability of Enterprise Classifieds Website

Enterprise Classifieds shall make its best efforts to make the download of Products accessible from its website 24 hours a day and 7 days a week, without interruption other than that required for the curative and evolving maintenance of Enterprise Classifieds website.

The Customer’s attention is specifically drawn to the fact that the Enterprise Classifieds website is, like any website, and more generally like any IT application, likely to suffer malfunctions, anomalies, errors, or interruptions.

Enterprise Classifieds provides no specific guarantees to the Customer regarding the uninterrupted operation of Enterprise Classifieds website and the Account.

Enterprise Classifieds accepts no performance obligations in terms of service levels, whether for time to service or fix. In this regard, Enterprise Classifieds accepts only a best-efforts obligation.

Enterprise Classifieds cannot guarantee that a fix can be found for reported incidents and issues.

4. Access to Enterprise Classifieds website

The use of Enterprise Classifieds website is reserved for people acting on a professional basis, for purposes that fall within their commercial, industrial, artisanal, or self-employed activity, individuals of legal age or emancipated minors, who have full legal capacity.

In order to download Products, the Customer must first register on the Enterprise Classifieds website, following the procedure that is indicated for this purpose.

The registration on Enterprise Classifieds website is free and without any obligation to purchase.

The Customer is solely responsible for maintaining the confidentiality of his login details. He is deemed to be the only person to have and to use them. Enterprise Classifieds waives any responsibility in case of the use of Enterprise Classifieds website by a person, other than the Vendor or a person authorized by him, who has his login details.

Customer’s account can be linked to one (1) Domain only.

If a Customer needs Products on multiple domains, it is required to create 1 account for each Domain.

5. Download of Products

The Customer may consult the functionalities of Products on Enterprise Classifieds website.

For further information, the Customer may contact Enterprise Classifieds by using the following options:

• General questions related to Enterprise Classifieds, use contact us page: https://enterprise-classifieds.com/contact/
• Product specific questions, pre-sale and after-sale questions, create support ticket: https://enterprise-classifieds.com/my-account/support-tickets/
• For questions related to free products, customization questions or Osclass Enterprise related questions, use web forums or the documentation.

The Enterprise Classifieds Company is not obliged to advise the Customer with regard to the suitability of a Product for his needs, for which the Customer acknowledges to have been informed and has accepted.

Enterprise Classifieds does not undertake any commitment, nor does it grant any guarantee, in particular relating to:

• the suitability of a Product for the Customer’s needs;
• the use without any malfunction or anomaly of a Product as, like any IT application, it is likely to be affected by malfunctions, anomalies or errors;
• the increase in the Customer’s turnover;
• the increase in the number of visitors on the Customer’s Classifieds;
• the quality of any after-sales service which the Customer may set up for its own customers.

6. Services

6.1 SUBSCRIPTION & SUPPORT AND DURATION OF THE SERVICES

For any purchase of a Product, the associated Services is provided by the Seller or by Enterprise Classifieds, the service applies per Product and per URL.

The Services includes for each purchased Product:

• After Sales Service (AS) – Subscription and Support
• Minor Updates
• Major Updates

Excluded from the Services are:

• Certain services offered on the Enterprise Classifieds website such as training, installation & upgrade services and more generally any intervention on the Customer’s Classifieds.
• Customization questions and requests
• Questions, problems, and bugs not related to the purchased product.

The Services are included with the purchase of a Product and are provided for a period of six (6) months from the date of purchase of the Product by the Customer (hereinafter “the Subscription Term”).

After the expiration of Services, customer can renew the Services for another period of six (6) months by purchasing the product again. No discounts are applied to Services expiration. This option is available only when Product is still active and being sold at Enterprise Classifieds website.

The Services are provided on a continuous basis throughout the Subscription Term, except in the case of a refund as provided in Article 9, or cancellation of the Services by the Customer. The execution of the After Sales Service and the Update services for the Products developed by the Sellers are provided by the Seller exclusively and by Enterprise Classifieds for the Products developed by Enterprise Classifieds.

The After Sales Service is performed after exchanges with the Customer on the dedicated messaging interface (ticketing system) of Enterprise Classifieds website and can be accessed here: https://enterprise-classifieds.com/my-account/support-tickets/

It is carried out in the language(s) indicated on the Sellers profile sheet, preferably in English. It does not include telephone exchanges.

The Customer undertakes to inform Enterprise Classifieds as soon as possible in case of bad execution of the Services by the Seller.

7. Payment

The Customer who wishes to download a Product clicks on “Add To Cart”. The Customer may add several Products or Services to his cart.

The purchase of a Product automatically includes the subscription to the Services for a minimum Subscription Term of six (6) months in accordance with clause 6.1.

The total price of a purchase includes the price of the Product alone and the price of the annual subscription to the Services corresponding. The financial terms of the subscription to the Services are defined in Appendix 1 of the General Terms and Conditions.

The prices are indicated in US Dollars ($) currency on the Products File. Enterprise Classifieds website does not provide customized (personal) discounts or promotions to specific Customers.

Enterprise Classifieds provides the following form of payment:
Plati.Online – Fast and secure payments via Credit/Debit Card. You can pay online with your personal or company card, in complete security. The cards accepted for payment are those issued under the VISA (Classic and Electron) and MASTERCARD (including Maestro, if they have a CVV2/CVC2 code).
The processing of card data is done exclusively on PlatiOnline servers.
The security of your information is guaranteed by the fact that PlatiOnline does not store your confidential card data, but sends it encrypted over a secure connection to the processing bank. This way your information is safe.
Regardless of the currency you have in your account, transactions are made in USD, at your bank’s exchange rate.

For card payments, the transaction will appear on the statement under the name Enterprise-Classifieds.

The Customer may only download the Products ordered upon completion of their payment. Once the payment is accepted, the product will be available for download immediately in the User Account – Downloads section. If the payment is rejected, for any reason whatsoever, the order will not be completed, for which the Customer should be informed by payment gateway.

Enterprise Classifieds reserves the right to freeze a payment in order to make any verification required by the law, in particular, concerning money laundering.

Enterprise Classifieds reserves the right to freeze the download of a Product if it suspects that there is a risk of fraudulent payment in order to proceed with the payment verification.

Enterprise Classifieds processes the Customer’s payment. Enterprise Classifieds is not a payment service provider but an establishment that holds an exemption.

The Customer may consult the history of his downloads on his Account.

The customer may request invoice for his order, after completing country, region, city, address, and all other Billing address information required in his Account. Once this data is stored, the customer can request and invoice using the ticketing/support system.

8. Claims and refund

Any complaint regarding the operation of Enterprise Classifieds website and any request for refund of Products with a current Services must be made to Enterprise Classifieds via the Customer Account at the following address: https://enterprise-classifieds.com/my-account/support-tickets/

The claims relating to the operating of Products developed by the Vendors will be provided to the latter, in order for them to process them, including in the context of Services.

A messaging tool is made available by Enterprise Classifieds for this purpose and the Customer undertakes to use this tool exclusively for its exchanges with the Vendors and Enterprise Classifieds, with a view to processing his claim.

The Customer acknowledges that he/she will not be entitled to a refund of a Product or the price of the Services if the Customer:

• Failed to cooperate with the Seller or Enterprise Classifieds in the provision of the Service.
• Failed to respond to the Seller or Enterprise Classifieds when required.
• Acted or refrained from acting in a way that caused a block in the resolution of the claim.

Enterprise Classifieds reserves the right to request from the Customer or the Seller the necessary evidence to determine the outcome of the claim.

In the event of a request for a refund of a Seller-developed Product or Services, such request shall be made by the Customer to Enterprise Classifieds. If the eligibility conditions described below are met, Enterprise Classifieds will proceed with the refund.

A) REFUND OF THE PRODUCT

The Customer is eligible for a refund of the Product alone, up to 14 days after purchase of the Product, for the following reason only:

• The Product is technically defective (provided that the Customer has previously contacted the Seller for After Sales Support, otherwise the refund request will be subject to the Seller’s validation).

A technically defective product is a product that doesn’t install on Osclass Enterprise, or it installs but doesn’t function properly as described in the product description.

Example: The product description states that the product was tested on PHP 7.4, but you’re trying to use it on PHP 8.2. In this case, you’re not eligible for a refund, as you’re not following the product’s technical specifications.

The refund of a Product will systematically imply the refund of the current subscription to the Services as well as its termination. The Customer will no longer benefit from the Services and will no longer be able to download the Product concerned from his Enterprise Classifieds website customer account.

In case the Product is accompanied by the Services, this must be mentioned in the refund request. If the request concerns a Product developed by Enterprise Classifieds, only Enterprise Classifieds is entitled to validate this request within seven (7) working days.

B) REFUND OF THE SERVICES

The Customer is eligible for a refund of the Services for at least one of the following reasons:

• No response has been provided within fourteen (14) working days of the ASS request.
• No technical resolution has been provided within fourteen (14) business days of the ASS request.

C) EXECUTION OF THE REFUND

Once the request for reimbursement has been validated, Enterprise Classifieds undertakes to reimburse the Customer within thirty (30) days following the request for reimbursement.

The reimbursement is exclusively made by the means of payment used when making the order (the same card used for the initial purchase).

9. Intellectual Property

Enterprise Classifieds is the holder of the intellectual property rights pertaining to Enterprise Classifieds website, in particular relating to the software platform and the graphic elements of Enterprise Classifieds website.

The Terms and Conditions does not allow for any transfer of ownership in favor of the other party. Consequently, the Customer undertakes not to harm in any way whatsoever the intellectual property rights held by Enterprise Classifieds or by the Vendors of the Products.

The Customer only benefits from a simple license of use of the Products downloaded, which is non-exclusive, personal, globally, and for the entire duration of the copyright. This license is valid for one (1) Classifieds website only. This represents usage of purchased Product on 1 Domain linked to Customer’s Account. Usage on subdomains of Domain is not limited.

Customer accepts and acknowledges that the Products license of use is not transferable.

The Customer may not under any circumstance distribute, license or make use in any way whatsoever of the Products and any element that is attached (such as, without this list being exhaustive: functional and technical documentation, logo, etc.), for a purpose other than their use within the Customer’s Own Classifieds website.

The breach of the terms of this license could give rise, at the discretion of Enterprise Classifieds, to the termination of the license granted in these Terms and Conditions for the disputed Product, and/or the deletion of the Account, and/or the option for Enterprise Classifieds to refuse any subsequent download of any Product from Enterprise Classifieds website by the Customer in question.

As from the termination of the license, or as from the reimbursement by Enterprise Classifieds of a Product, the Customer is responsible for immediately refraining from using the Product in question, to destroy it and to remove it from his IT system and all of his storage devices.

11. Personal data

The information regarding collection and processing of personal data are detailed in our Privacy Policy.

The Merchant acknowledges and agrees to comply with the applicable legislation in terms of personal data protection, namely the European General Data Protection Regulation (The GDPR) no. 2016/679 with regards to the Merchant’s Classifieds’s clients.

As such, the Merchant is responsible for ensuring the Classifieds complies with the applicable legislation and providing a sufficient level of protection for personal data collected through it.

The Merchant particularly agrees to (but is not limited to) inform Classifieds clients of the intended use of their personal data, set up technical and organizational data protection measures and comply with opt-in mechanisms for marketing emails.

For more information about the obligations set out in the GDPR, Merchants are invited to read the text available here.

Once Merchants have downloaded Vendor Products, they are responsible for contacting the Vendor to check if the Products collect personal data and, if so, to determine their various categories.

Within the framework of the Services on Products developed by Enterprise Classifieds, the realization of the After Sales Service may require, on a case-by-case basis, that Enterprise Classifieds accesses some personal data of the Customer’s Classifieds.

Upon prior acceptance of the Customer, Enterprise Classifieds may operate on the Classifieds website and have access to the Back Office, the FTP server or the Customer’s database.

In these conditions and when the Customer has validated the intervention of Enterprise Classifieds, the intervention and the access to the personal data is framed by the contract of subcontracting of personal data reproduced in the Privacy Policy that the Customer acknowledges having accepted.

12. Liability

Under no circumstance, Enterprise Classifieds shall be held liable to repair a damage of a direct or indirect nature related to the Connectors download and the use of the Partners services.

Under no circumstance, Enterprise Classifieds shall be held liable to repair a damage of an indirect nature, including but not limited to: a malfunction or a permanent or temporary alteration of the Classifieds, in particular following the installation of a Product, a loss of income, a loss of customers, undermining of its image or reputation, downloading of a virus, loss or fraudulent appropriation of data, etc.

IN ANY EVENT AND NOTWITHSTANDING THE CAUSE, THE LIABILITY THAT Enterprise Classifieds MAY INCUR IN ANY FORM WHATSOEVER IN RELATION TO THE PURCHASE, DOWNLOAD OR USE OF PRODUCTS AND/OR THE PROVISION OF SERVICES, MAY NOT, EXCEPT IN THE CASE OF ANY FRAUDULENT MISREPRESENTATION OR WILLFUL MISCONDUCT, EXCEED THE UNIT PRICE OF THE PRODUCT, EXCLUDING TAXES, OR THE SERVICE FOR WHICH THE LIABILITY OF Enterprise Classifieds IS SOUGHT.

Notwithstanding the foregoing, the liability of Enterprise Classifieds shall be excluded in the following cases:

• Use of a Product that was not downloaded from Enterprise Classifieds Product and/or that was not subject to an actual payment;
• Malfunction of the download of Products related to the configuration or performance of the Customer’s workstation or his Internet connection;
• Malfunction of Enterprise Classifieds website related to the curative or evolutive maintenance operations of Enterprise Classifieds website;
• Modification by the Customer of the Product without the consent of its author and the holder of the related intellectual property rights;
• Failure by the Customer to use the most recent version of Product;
• Lack of communication by the Customer of the elements necessary for resolving the difficulties that he may encounter when using a Product or during the provision of Services;
• Error in entering the information mentioned in the Customer’s Account;
• Default by the Vendor, whether it be financial (insolvency) or physical (demise). Enterprise Classifieds shall not guarantee the continuation of the Vendors’ commercial activity to their Customers.

13. Combat against counterfeit

In a global approach for the combat against counterfeit on the Internet, the Customer undertakes to ensure that the content of his Classifieds is in compliance with the applicable legislation, not to harm third party rights, and not to offer for sale counterfeit goods.He declares that he is not the subject of any infringement action or otherwise.

The liability of Enterprise Classifieds may not be incurred in the event of sale of the objects that are the result of the counterfeit by one of its Customers.

14. Force majeure

Enterprise Classifieds may suspend the Enterprise Classifieds website if an event independent from its control occurs, or in a case of force majeure or due to a third-party act.

It is agreed that legal and statutory changes, fires, storms, floods, strikes in or outside of Enterprise Classifieds, diseases, electrical surges and shocks, cooling system and IT equipment failure, bottlenecks, and slowdowns of electronic communication networks, bugging and hacking, and more generally any event that cannot be foreseen and that goes beyond Enterprise Classifieds’ s control shall be deemed cases of force majeure.

15. Agreement on evidence

The information that is listed (i) in the Customer’s Account, in particular the information relating to downloads, and (ii) the correspondence exchanged between the Customer, Enterprise Classifieds or the Vendors via the messaging tool made available by Enterprise Classifieds, shall be considered as having probative force between the Parties.

The digital registers stored in Enterprise Classifieds’ s systems in accordance with industry security standards are considered as proof.

By way of an agreement on proof, the Customer acknowledges the probative value of the following:

• The download number accounting system;
• Information communicated through the Account, and Exchanges between Vendors and Customers through the Account and Middle Office.

This evidence will constitute proof of the transactions and contractual relations between the Vendor and the Customers on the one hand and between Enterprise Classifieds and the Customers on the other.

Consequently, the Customer is informed and agrees to copy Enterprise Classifieds in on correspondence between the Customer and Vendors using the Enterprise Classifieds website messaging/ticketing tool.

16. Governing Law – Jurisdiction

The T&C are exclusively governed by Romanian law.

Any dispute which may arise from the interpretation or performance hereof or which could be the continuation or consequence, shall prior to any court or arbitration proceedings, be subject to mediation by a mediator referred to by the more diligent party. If the mediation is unsuccessful, the dispute shall be subject to the exclusive jurisdiction of the Brăila, Romania commercial court, notwithstanding multiple respondents, or third-party appeals.

17. Partial invalidity

In the event that, for any reason, all or part of these General Terms and Conditions should be canceled, the other provisions shall remain in full force, except if that clause declared void concerning the essential obligation of the contract.

18. No waiver

The fact that either of the parties is not required to enforce one of the provisions of these General Terms and Conditions cannot be construed as a waiver of said clause.

19. Interpretation

In the event of difficulty of interpretation between any of the sections and the content of any article, the sections shall be declared null and void.

20. Independence of the parties

The parties shall remain independent of each other. No provision in these GTCs is intended to or is for the purpose of creating a partnership, mandate, representation, or subordination between the Parties.

21. Entry into force

The present Terms and Conditions are modified on 15 April 2023, and come into force on 15 April 2023 for the Products and Services developed by Enterprise Classifieds only.