Terms of use

Please read these terms carefully before using the Levisell Services. By using the Levisell Services, you agree to be bound by these terms. We offer you a wide range of Levisell Services.

1. ELECTRONIC COMMUNICATION
   When you use a Levisell Service or send emails, text messages, or other communications to us from your computer or mobile device, you are communicating with us electronically. We will communicate with you in various ways electronically, such as through email, text messages, in-app push notifications, or by posting electronic messages on our website or through other Levisell Services, such as the Message Center. For contractual purposes, you agree that all consents, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing, unless mandatory applicable laws require a different form of communication.

2. RECOMMENDATIONS AND PERSONALIZATION
   As part of the Levisell Services, we recommend features, products, and services that may be of interest to you, determine your preferences, and personalize your experiences with the Levisell Services. For more information, please refer to the help page.

3. COPYRIGHT AND DATABASE RIGHTS
   All content included in or made available through a Levisell Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations, is the property of Levisell Europe or third parties providing content or making it available on the website, and is protected by German and international copyright and database rights. The entire collection of content included in or made available through a Levisell Service is the exclusive property of Levisell Europe and is protected by German and international copyright and database rights.

You may not systematically extract and/or reuse any parts of a Levisell Service without our express written consent. In particular, you may not use data mining, robots, or similar data gathering and extraction programs to extract substantial parts of a Levisell Service for reuse (whether once or multiple times) without the express written consent of Levisell.com. You may not create and/or publish your own database that includes substantial parts of a Levisell Service (e.g., our prices and product information) without the express written consent of Levisell.com.

4. TRADEMARK AND OTHER RIGHTS
   Please visit our help page on Levisell trademarks to view a non-exhaustive list of the trademark and other rights of Levisell Europe. Additionally, the graphics, logos, headers, button icons, scripts, and service names included in or made available through a Levisell Service represent trademarks and other rights of Levisell. The trademarks and other rights of Levisell may not be used in connection with any product or service that is not Levisell’s in a manner that is likely to cause confusion among customers or in a way that disparages or discredits Levisell. All other trademarks and trade names not owned by Levisell and appearing in a Levisell Service are the property of their respective owners.

5. LICENSE AND ACCESS
   Subject to your compliance with these terms of use and any applicable service terms and payment of applicable fees, Levisell.com and its content providers grant you a limited, simple, non-transferable, and non-sublicensable license to access and use the Levisell Services for non-commercial purposes. This license does not include the resale or commercial use of the Levisell Services or their contents, any collection and use of product information, descriptions, or prices, derivative use of Levisell Services or their contents, downloading or copying account information for the benefit of another merchant, or the use of data mining, robots, or similar data gathering and extraction programs.

Levisell and its licensors, suppliers, publishers, rights holders, or other content providers reserve all rights not expressly granted to you in these terms of use or in the service terms. No Levisell Service or any part thereof may be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose without our express written consent.

You may not use framing or frame techniques to attach trademarks, logos, or other proprietary information (including images, text, page layout, or form) of Levisell without our express written consent. You may not use meta tags or any other "hidden text" using the name or trademarks of Levisell without our express written consent.

You may not misuse the Levisell Services. You may use the Levisell Services only in compliance with applicable law. The rights granted by Levisell to use the Levisell Services terminate if you do not comply with these terms of use or the service terms.

6 YOUR ACCOUNT
You may need a Levisell account to use certain Levisell services, or you must be logged into your Levisell account and have a valid payment method linked to the account. If there is an issue with charging your chosen payment method, we may charge any other valid payment method linked to your Levisell account. Please visit the "Your Payments" section to manage your payment methods.

When using a Levisell service, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer and mobile devices. To the extent permitted by law, you agree to be responsible for all activities that occur under your account or password. You should take all necessary steps to ensure that your password is kept secret and secure and inform us immediately if you have any reason to believe that a third party has gained knowledge of your password or is using it without authorization or is likely to do so. You are responsible for ensuring that your information is accurate and complete and for informing us of any changes to your information. You can view your information in the "My Account" section of the website. Please read our help page "About Protecting Your Privacy" to access your personal information.

You may not use a Levisell service: (i) in a manner that is likely to interrupt, damage, or otherwise impair the Levisell service or access to it, or (ii) for fraudulent purposes or in connection with a crime or illegal activity or (iii) to cause harassment, inconvenience, or distress.

We are entitled to terminate your Levisell account(s) or restrict your access to the Levisell services if you seriously or repeatedly violate applicable laws, these terms of use, service terms, or policies on this website (such as our community guidelines). For example, we may terminate your Levisell account(s) or restrict your use of the Levisell services if there are cases of fraud or if this is required by applicable laws or a government or other competent authority.

We will only terminate your Levisell account(s) or restrict your access to the Levisell services with prior notice. This does not apply if you seriously violate applicable laws, if we cannot inform you in advance for legal reasons, or if prior notice would expose Levisell to liability, harm other customers or users, or jeopardize the Levisell services.

In any case, we will inform you in writing about the termination of your Levisell account or the restriction of your access to and use of Levisell services. The notice will inform you of your right to appeal the decision.

You can close your Levisell account(s) at any time by visiting the "My Account" page and selecting "Close My Levisell Account."

7 REVIEWS, COMMENTS, COMMUNICATION, AND OTHER CONTENT
Visitors may post reviews, comments, and other content, send e-cards and other communications, and submit suggestions, ideas, comments, questions, or other information as long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing, constitutes a communicative offense against children/young people, impairs their personal integrity, or otherwise harms or violates third parties or is otherwise unlawful and does not consist of or contain software viruses, political campaigns, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false email address, impersonate any other person or entity, or otherwise mislead as to the origin of a bank or credit card or other content. We reserve the right (but undertake no obligation without sufficient notice) to remove or edit these contents. If you believe that your intellectual property rights have been violated by an article or information in a Levisell service, please notify us by completing and submitting the relevant notification form.

When you provide customer reviews, comments, questions or answers, or other content for display on the Levisell website (for example, images, videos, or audio material, collectively referred to as "Content"), you grant Levisell: (a) the non-exclusive, royalty-free right to use, reproduce, publish, provide, and modify this content worldwide in all media, including the right to sublicense to third parties; and (b) the right to use the name you submit in connection with this content. Moral rights are not transferred by this provision.

You may delete your content from public view or, if this functionality is offered, change your settings so that only certain people of your choice have access to your content.

You guarantee that you own or otherwise have all rights to the content you create; that at the time the content and materials are provided: (i) the content and materials are error-free; and (ii) the use of the content and materials you provide does not violate any applicable terms and policies of Levisell and does not cause harm to any person or entity (including that the content or materials are not defamatory and do not impair the personal integrity of children/young people). You agree to indemnify Levisell from all third-party claims made against Levisell arising from or in connection with the content or materials you provided, except to the extent that liability arises from Levisell's failure to remove the content appropriately once Levisell has been notified of its unlawfulness.

8 INTELLECTUAL PROPERTY RIGHTS CLAIMS
Levisell respects the intellectual property rights of third parties. If you believe that your intellectual property rights have been used in a manner that raises concerns of infringement, please follow our procedure for notifying Levisell about an infringement.

9 TERMS OF USE FOR LEVISELL SOFTWARE
In addition to these terms of use, the software (including all updates and upgrades and related documentation) we provide to you from time to time for your use in connection with the Levisell services ("Levisell Software") is subject to the software terms of use available on our help page.

10 OTHER COMPANIES
Other individuals besides Levisell operate stores, provide services, or sell products on this website. We also provide links to the pages of affiliated companies and certain other businesses. We are not responsible for investigating and evaluating these offers or pages and do not guarantee the offers of these companies or individuals or their content. Unless explicitly stated otherwise in these terms of use, the following sales terms, or the service terms, Levisell assumes no responsibility or liability for the actions, products, and content of these or any third parties. You will be informed if a third party is involved in your transaction, and we may share your information regarding this transaction with that third party. You should carefully read their privacy policies and other terms of use.

11 THIRD-PARTY PROVIDERS AND LEVISELL'S ROLE
Levisell allows third-party providers to list and sell their products on the website, which is indicated on the respective product detail page. Although Levisell enables transactions on the Levisell Marketplace, Levisell is neither the buyer nor the seller of these third-party items. Levisell provides buyers and sellers the opportunity to negotiate and finalize transactions. Thus, the contract that is formed upon the sale of these third-party items is solely between the buyer and the seller. Levisell is not a party to the contract and therefore assumes no liability for that contract and is not the representative of the seller. Except as stated below in this section, the seller is responsible for the sale of the products, any complaints from the buyer, and all other matters arising from the contract between the buyer and seller. As Levisell aims to provide buyers with a secure shopping experience, in addition to statutory or contractual rights, Levisell offers the Levisell Guarantee.

Please note that some third-party providers may sell goods as private individuals rather than professional traders. If this is the case, relevant information will be displayed on the "Detailed Seller Information" page (accessible by clicking on the seller's name). This information is based on what the respective seller has provided to Levisell. If a seller does not present themselves as a business, your legal rights under consumer protection laws (e.g., warranty rights for 2 or 3 years, depending on the country, and the right to cancel your order within 14 days without providing a reason) will not apply. However, the Levisell Guarantee of a 14-day return policy still applies in these cases.

If the third-party items are marked as "Shipped by Levisell," Levisell manages the delivery, and our customer service will handle any issues related to the order. For more information, especially regarding dispute resolution in these cases, please refer to the help page "Shipped by Levisell."

If the third-party items are not marked as "Shipped by Levisell," the seller manages the delivery of your order. For more information, please refer to the help page "Ordering from a Marketplace Seller." The seller will also handle all customer service inquiries unless it is stated that customer service is provided by Levisell or your order is marked with the Levisell Prime label.

12 OUR LIABILITY
Levisell always strives to ensure that the Levisell services are available without interruption and that transmissions are error-free. However, due to the nature of the internet, this cannot be guaranteed. Your access to the Levisell services may also occasionally be interrupted or limited to allow for repairs, maintenance, or the introduction of new features or services. We try to limit the frequency and duration of any such temporary interruptions or restrictions.

Levisell is liable without limitation if the cause of the damage is based on intentional or grossly negligent breach of duty by Levisell or a legal representative or vicarious agent of Levisell.

Furthermore, Levisell is liable for slightly negligent violation of essential duties. Essential duties are those whose violation endangers the achievement of the contractual purpose or whose fulfillment enables the proper execution of the contract in the first place and on which you regularly rely. In this case, however, Levisell is only liable for the foreseeable, contractual typical damage. Levisell is not liable for the slightly negligent violation of any duties other than those mentioned in the preceding sentences.

The above liability limitations do not apply in cases of injury to life, body, and health, for a defect after assuming a guarantee for the quality of the product, and in cases of fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.

To the extent that Levisell's liability is excluded or limited, this also applies to the personal liability of employees, representatives, and vicarious agents.

13 APPLICABLE LAW
German law applies, excluding the UN Sales Convention (CISG) and conflict of laws. The non-exclusive jurisdiction of the courts at the consumer's residence is agreed. If you are a consumer with your habitual residence in the EU, you also enjoy the protection of the mandatory provisions of the law of your country of residence. You can file claims related to these terms of use arising from consumer protection regulations either in Germany or in the EU member state where you live. The European Commission provides a platform for online dispute resolution, which you can find at https://ec.europa.eu/consumers/odr/ [external link]. We prefer to resolve your concerns directly with you and therefore do not participate in consumer arbitration procedures. Please contact us directly with any questions or issues.

14 EXPORT CONTROL
You agree that you will not export, re-export, or transfer any products (including software or other digital products) purchased through the website to countries, individuals, companies, organizations, or bodies where such export is legally restricted or prohibited. For example, economic sanctions and embargoes imposed by the European Union, the United Nations, or other government authorities may prevent you from bringing products to other countries, even for your personal use, and/or sending products (whether physically, by mail, or digitally via email or file sharing) to specific individuals, companies, organizations, or bodies. Furthermore, you agree not to purchase products or services through the website if you are subject to restrictive measures (sanctions).

15 CHANGES TO SERVICES OR TERMS OF USE
You are subject to the general terms and conditions, contractual terms, and terms of use in effect at the time you use the Levisell services. If you hold a customer account and provided that you are not unduly disadvantaged by the change, we have the right to change the general terms and conditions, contractual terms, terms of use, regulations, and service conditions in whole or in part at any time for the following reasons: for legal or regulatory reasons; for security reasons; to further develop or optimize existing features of the services and to add additional features; to account for technical progress and make technical adjustments; and to ensure the future functionality of the services. If we make changes, we will notify you within a reasonable timeframe and inform you of your rights. You always have the option to close your customer account. If a change is found to be invalid, void, or unenforceable for any reason, the validity and enforceability of the remaining changes or conditions shall not be affected. Nevertheless, we reserve the right to make changes to the Levisell services at any time.

16 NO WAIVER
If you violate these terms of use and we do nothing in response, we are still entitled to exercise our rights on any other occasion when you violate these terms of use.

17 MINORS
We do not offer products for purchase by minors. Our children's products can only be purchased by adults. If you are under 18, you may only use the Levisell services with the involvement of a parent or guardian.

19 NOTICE AND PROCEDURE FOR REPORTING ILLEGAL CONTENT
If you believe that your intellectual property rights have been violated, you can report this using our notification form. This form allows you to communicate all types of claims related to intellectual property, including claims under copyright, trademark, design, and patent law.

Upon receiving the complaint, we may take certain actions, including removing information or items and, where appropriate, terminating the rights of repeat offenders. All of these actions are taken without any acknowledgment of liability and without prejudice to any rights, remedies, or defenses that are expressly reserved. In particular, we reserve the right to forward the complaint to the parties accused of the infringement. You agree to indemnify us against any claims made against us arising out of or in connection with the filing of a complaint.

Note on Third-Party Listings:
Please note that third-party listings on Levisell.de are merely stored or hosted and published solely at the discretion of the third parties. You can contact third parties through the "Seller Information" page; this page is accessible from each product listing of the respective third party.

ASIN and ISBN-10:
"ASIN" stands for Levisell Standard Item Number, and it is a 10-digit identification number. You will find this with each product listing under "Product Information." "ISBN-10" stands for International Standard Book Number and is also a 10-digit identification number that you will find in some book listings under "Product Information."

Important Note:
Providing false, misleading, or incorrect information in a notification form can lead to civil or criminal liability. You should contact a legal advisor if you have questions.

Reporting Additional Illegal Content:
If you would like to inform us about issues with a product, content, or product page, such as if you believe a product or content is illegal, you can submit a report. For more information, see the help page on reporting issues with a product, content, or product page.

ADDITIONAL TERMS OF USE FOR LEVISELL SOFTWARE
Use of Levisell Software:
You may only use Levisell software to enable the use of a service provided by Levisell and only as permitted by the terms of use and service conditions. You may not incorporate any parts of the Levisell software into your own computer programs or compile them in connection with your own computer programs, transfer them for use with another service, sell, rent, lease, distribute, or sublicense them, or otherwise transfer any rights to the Levisell software or any part thereof. You may not use the Levisell software for illegal purposes. We may cease to provide a Levisell software at any time and terminate your usage rights to any Levisell software. Your right to use a Levisell software ends automatically, without the need for a specific termination, if you do not comply with these software usage terms, the terms of use, or other service conditions. Additional third-party software usage terms, which are included in certain Levisell software or distributed with it and mentioned in the accompanying documentation, may also apply to the Levisell software and take precedence in the event of conflicts with these terms of use. Any software used in a Levisell service is the property of Levisell or its licensors and is protected by German and international copyright law.

Use of Third-Party Services:
If you use Levisell software, you may also be using services from one or more third parties, such as a network provider or mobile service provider. Your use of such third-party services may be subject to separate regulations, terms, and fee obligations from those third parties.

No Reverse Engineering:
Unless expressly permitted by applicable mandatory law, you may not and must not instruct, support, or enable others to copy, modify, reverse engineer, decompile, disassemble, or otherwise distort the Levisell software or any part thereof, or create derivative works based on it.

Software Updates:
Unless otherwise stated in the service conditions for certain Levisell software, Levisell may release updates and upgrades for Levisell software from time to time. For more information specifically about software updates for digital elements in physical goods, see the sales conditions.