1 SCOPE OF APPLICATION
These sales conditions govern the sale of products by Levisell to you.
We offer you a wide range of Levisell services.
Please read these terms carefully before placing an order with Levisell. By placing an order with Levisell, you agree to the application of these sales conditions to your order.
2 CONCLUSION OF CONTRACT
Your order constitutes an offer to Levisell to conclude a purchase contract. When you place an order with Levisell, we will send you a message confirming the receipt of your order and detailing its contents (order confirmation). If you use certain Levisell services (e.g., the Levisell mobile application), the order confirmation may be transmitted via your message center in your customer account. This order confirmation does not constitute acceptance of your offer but merely informs you that your order has been received by us. A purchase contract is only concluded when we dispatch the ordered product to you and confirm the shipment with a second email or a message in your message center in your customer account (shipping confirmation). If your order is shipped in more than one package, you may receive a separate shipping confirmation for each package. In this case, a separate purchase contract is concluded between us for the products listed in each shipping confirmation. The contracting party is Levisell. Regardless of your right of withdrawal under section 3, you may cancel your order for a product at any time free of charge before we send the associated shipping confirmation.
This right of cancellation does not exist for certain product groups and services, including digital content or software that is not delivered on a physical data carrier (e.g., on a CD or DVD) if the download or use has begun (whichever occurs first).
You agree to receive invoices electronically. Electronic invoices will be provided to you in PDF format in the "My Account" section of the website. We will inform you in the shipping confirmation for each delivery whether an electronic invoice is available. For further information on electronic invoices and instructions on how to obtain a paper copy of the invoice, please refer to our help pages.
Please note that we only sell products in usual household quantities. This applies to both the number of products ordered in a single order and the placement of multiple orders of the same product, where each order includes a usual household quantity.
3 RIGHT OF WITHDRAWAL UP TO 14 DAYS, EXCLUSION OF THE RIGHT OF WITHDRAWAL, OUR VOLUNTARY RETURN GUARANTEE, AND LEGAL WARRANTY RIGHTS
WITHDRAWAL INSTRUCTION
Right of withdrawal
You have the right to withdraw from this contract within 14 days from the day you or a third party named by you, who is not the carrier, takes possession of the goods (or the last good, partial delivery, or piece in the case of a contract for multiple goods from a single order or the delivery of goods in multiple partial deliveries or pieces) or from the day of the contract conclusion, in the case of digital content that is not delivered on a physical data carrier (e.g., CDs or DVDs), without giving any reason.
To exercise your right of withdrawal, you must inform us of your decision to withdraw from this contract. Please direct your withdrawal to:
Levisell, [insert your address], for products sold and shipped by Levisell.
Levisell, [insert your address], for products sold by a third party and shipped by Levisell.
You can electronically fill out and submit your statement according to the explanations and forms available in our online return center. You can contact us or use this sample withdrawal form. If you use our online return center, we will promptly send you a confirmation of the receipt of such withdrawal (e.g., via email).
To meet the withdrawal deadline, it is sufficient for you to send the notification of exercising the right of withdrawal before the withdrawal period expires and to return the goods through our online return center within the timeframe defined below.
For additional information regarding the scope, content, and explanations for exercising, please contact our customer service.
Consequences of withdrawal:
If you withdraw from this contract, we will reimburse you for all payments received from you for the purchased goods and reimburse you for the cost of the least expensive standard delivery we offer. This refund will be made promptly and no later than fourteen days from the day we receive the notification of your withdrawal from this contract. We will use the same payment method that you used for the original transaction for this refund, unless expressly agreed otherwise with you. We will not charge you any fees for the refund. We may withhold the refund until we have received the goods back or until you have provided evidence that you have sent back the goods, whichever occurs first.
You must return the goods promptly and in any case no later than fourteen days from the day you inform us of the withdrawal from this contract through our online return center. The deadline is met if you send the goods before the fourteen-day period expires. You bear the regular costs of returning the goods if the delivered goods correspond to the ordered ones and if the price of the goods to be returned does not exceed an amount of 40 euros or if you have not yet made the payment or a contractually agreed partial payment at the time of withdrawal for a higher-priced item. Otherwise, the return will be free of charge for you. Non-packable items will be picked up from you.
You only have to pay for any loss of value of the goods if this loss of value is due to handling them in a manner not necessary for checking their nature, characteristics, and functioning.
Exceptions to the right of withdrawal
The right of withdrawal does not exist or expires for the following contracts:
for the delivery of goods that are not suitable for return for health protection or hygiene reasons and whose seal has been removed after delivery or which have been inseparably mixed with other goods after delivery due to their nature;
for the delivery of audio or video recordings or computer software in a sealed package if the seal has been removed after delivery;
for the delivery of goods made to customer specifications or clearly tailored to personal needs;
for the delivery of goods that can quickly spoil or whose expiration date would be quickly exceeded;
for services if Levisell has fully provided these (e.g., the use of Levisell services) and you have acknowledged and expressly agreed before ordering that we may begin with the provision of the service and that you lose your right of withdrawal upon full contract fulfillment;
for the delivery of newspapers, magazines, or illustrated publications, except for subscription contracts for the delivery of such publications;
for the delivery of alcoholic beverages, the price of which was agreed upon at the conclusion of the purchase contract but which cannot be delivered until after 30 days and the current value of which is subject to fluctuations in the market which the entrepreneur cannot influence.
END OF WITHDRAWAL INSTRUCTION
OUR VOLUNTARY RETURN GUARANTEE:
In addition to your legal rights, we offer you the following voluntary return guarantee:
You can return products from Levisell within 14 days of receiving the goods, provided none of the exclusion reasons apply, the goods are complete, and in the same condition as when received. Goods for which you do not have a right of withdrawal cannot be returned under the return guarantee. For further details, please see our help page regarding our return conditions. Please use our online return center for returns.
If you return goods in accordance with this voluntary return guarantee, we will refund you the purchase price, but not the shipping costs of your original purchase. Additionally, you bear the transport risk as well as the return costs, unless the product is eligible for free return. The return costs for clothing or shoes purchased in Levisell stores and covered by the free return shipping policy for fashion items will be refunded. This return guarantee does not limit your legal rights and thus also does not limit your right of withdrawal as described above.
LEGAL WARRANTY RIGHTS:
In addition to your 14-day return policy, customers in the European Union have warranty rights for a period of two years from the delivery of the goods and can request repair or replacement of products purchased from Levisell if they are found to be defective or not as described. If the goods cannot be repaired or replaced within a reasonable time or without difficulties, you may request a refund or reduction of the purchase price.
In the case of used goods, the warranty period may be shorter than two years.
For additional information regarding the terms and conditions, please refer to our return policy.
Additional information about warranty rights can be found on the following help page: Warranty.
PRICES
All prices include the applicable value-added tax.
Despite our best efforts, a small number of products in our Levisell catalog may be incorrectly priced. We verify prices when processing your order and before charging your payment. If a product is incorrectly priced and the correct price is higher than the price displayed on the website, we will contact you before shipping the goods to ask if you would like to purchase the product at the correct price or cancel the order. If the correct price of a product is lower than the price we have stated, we will charge you the lower amount and send you the product.
DELIVERY
Unless otherwise agreed, delivery will be made to the address specified by the customer. On the Levisell website, you will find information about the availability of products sold by Levisell (e.g., on the respective product detail page). Please note that all information regarding availability, shipping, or delivery of a product is merely indicative and approximate. They do not represent binding or guaranteed shipping or delivery dates unless expressly stated as a binding date in the shipping options for the respective product. If Levisell determines during the processing of your order that the products you ordered are not available, you will be informed separately via email or by message in your message center in your customer account. The customer's legal rights remain unaffected.
If delivery to the customer is not possible because the delivered goods do not fit through the front door, main entrance, or staircase of the customer, or because the customer cannot be found at the specified delivery address despite reasonable notice of the delivery time, the customer will bear the costs for the failed delivery.
CUSTOMS
If you order products from Levisell for delivery outside the EU, you may be subject to import duties and taxes that are levied once the package reaches the specified destination. Any additional fees for customs clearance must be borne by you; we have no influence over these charges. Customs regulations vary widely from country to country, so you should contact your local customs authority for more information. Furthermore, please note that when ordering from Levisell, you are regarded as the importer and must comply with all laws and regulations of the country in which you receive the products. The protection of your data is important to us, and we want to inform our international customers that cross-border deliveries are subject to opening and inspection by customs authorities. For more information, please read our customs information.
1-CLICK ORDERING FUNCTION
The 1-Click ordering function is the fastest and easiest way to securely order products from Levisell. If you are using a publicly accessible or shared computer, we strongly recommend that you disable the 1-Click ordering function when you are not at the computer.
WARRANTY ON PRODUCTS SOLD BY LEVISELL AND LIMITATION OF LIABILITY
In addition to your 14-day return policy, customers in the European Union have warranty rights for a period of two years from the delivery of the goods and can request repair or replacement of products purchased from Levisell if they are found to be defective or not as described. If the goods cannot be repaired or replaced within a reasonable time or without difficulties, you may request a refund or reduction of the purchase price.
If the remedy is made through replacement delivery, the customer is obliged to return the originally delivered goods to Levisell at Levisell's expense within 14 days. The return of the defective goods must be made in accordance with the statutory provisions. Levisell reserves the right to claim damages under the legally regulated conditions.
In the case of used goods, the warranty period may be shorter than two years.
For additional information regarding the terms and conditions, please refer to our return policy.
Additional information about warranty rights can be found on the following help page: Warranty.
Levisell is fully liable if the cause of the damage is based on an intentional or grossly negligent breach of duty by Levisell or one of its legal representatives or agents.
Furthermore, Levisell is liable for slight negligence in the breach of essential obligations. Essential obligations are those obligations whose breach jeopardizes the achievement of the contractual purpose or whose fulfillment enables the proper execution of the contract and on whose compliance you regularly rely. In this case, however, Levisell is only liable for foreseeable, contract-typical damage. Levisell is not liable for slight negligence in the breach of obligations other than those mentioned in the preceding sentences.
The above limitations of liability do not apply in the event of injury to life, body, and health, for a defect after assuming a guarantee for the quality of the product, and for fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.
As far as Levisell's liability is excluded or limited, this also applies to the personal liability of employees, representatives, and agents.
SOFTWARE UPDATES
For goods that contain digital elements, Levisell (or a relevant third party) provides the following types of updates for digital products that you purchase:
if applicable, updates specified at the time of purchase on the product information page; and legally required updates, including those to ensure the compliance of these goods; see the help page Warranty. Levisell (or a relevant third party) may provide you with additional product updates from time to time, including, among other things: (i) offering or improving new features, designs, interfaces, and/or functions; (ii) making minor technical changes; and/or (iii) fulfilling legal or safety-related requirements when deemed necessary by Levisell (or a relevant third party). Some of these updates may not be necessary to ensure the compliance of the product. By accepting the terms of sale, you agree that these updates will be provided to you.
You agree that updates may be executed automatically without any action on your part. If an update is not executed automatically, it will only be executed after installation by you. You acknowledge that the performance or functionality of relevant products may be impaired if updates are not installed timely or properly. Levisell is not liable for a lack of compliance based on your failure to install updates properly.
APPLICABLE LAW
German law applies, excluding the UN Sales Convention (CISG) and conflict of laws. The non-exclusive jurisdiction of the courts of the respective consumer's residence is agreed upon. This means that you can file claims related to these terms of sale arising from consumer protection standards either at the jurisdiction of Levisell or in the EU member state where you reside. If you are a consumer with your habitual residence in Germany, you also enjoy protection under the mandatory provisions of German law.
CHANGES TO THE TERMS OF SALE
Levisell reserves the right to change these terms of sale at any time by publishing the changes on Levisell.com. You will be subject to the terms of sale in effect at the time you order products from us.
SEVERABILITY CLAUSE
If any provision of these terms of sale is found to be invalid, void, or unenforceable for any reason, the validity and enforceability of the remaining provisions shall not be affected.
NO WAIVER
If you breach these terms of sale and Levisell does not take action against it, we are still entitled to exercise our rights on any other occasion when you breach these terms of sale.
MINORS
Levisell does not offer products for purchase by minors. Our products for children can only be purchased by adults. If you are under 18 years old, you may only use Levisell.com with the involvement of a parent or guardian.
OUR CONTACT INFORMATION
Our contact information is: Levisell Europe
Schliemannstraße 24
10437 Berlin
Germany
Whatsapp Service: +4917637688300
Website: www.levisell.com
Email: info@levisell.com
Register Court: Amtsgericht Pankow
Tax No.: 31/553/03532
Id. No.: 84975862312