General Terms and Conditions
of Use of the Leica Online Marketplace

1. Applicability
   1. Leica Camera AG, Am Leitz-Park 5, 35578 Wetzlar, Germany ("Leica"), is the operator of the Leica online marketplace ("Platform") for used and pre-owned cameras and camera accessories ("Articles"), which is a website located at https://classic.leica-camera.com. The following General Terms and Conditions of Use (“GTCU”) shall apply to the free use of the Platform.
   2. These GTCU are available for the duration of the agreement in their applicable version at https://classic.leica-camera.com/en/Further-Information/Terms-and-conditions/.
   3. NOTE FOR U.S. USERS: This agreement includes information about future changes to this agreement, terms, limitations of liability, and a class action waiver and resolution of disputes by arbitration instead of in court, among others. For details please see Sec.16 et seq.
2. Object of the Agreement
   1. Leica provides the technical means for users (“Users”) to contact Leica as well as third parties (jointly referred to as "Vendors") through the Platform in order to make use of the paid services offered by the Vendors.
   2. The Articles of the Vendors available on the platform do not constitute a legally binding sales offer for the conclusion of a sales contract, but merely a non-binding invitation to submit purchase offers to the Vendor.
   3. Any contractual relationship shall be established exclusively between the respective Vendors and the User. The fulfillment of any contracts initiated through the Platform shall also take place exclusively between the respective Vendors and Users.
3. Conclusion of the Agreement
   1. The presentation of the Platform or individual features and functions on the internet or other media shall not constitute a binding offer by Leica. It merely provides the opportunity to make a legally binding offer to Leica to conclude an agreement for use of the Platform. Leica shall not be obliged to accept such an offer.
   2. The submission of the registration request constitutes a legally binding offer to Leica to conclude an agreement for use of the Platform. A confirmation message will be automatically sent upon receipt of the registration request. This message does not constitute an acceptance of the offer by Leica. Acceptance only takes place when Leica activates an account for the User (conclusion of the agreement).
4. Data Collection During Registration, User Account, and User Data
   1. Registration shall only be permitted to persons having full legal capacity. In particular, minors may not register. Users may not be based in a country against which the Vendor’s country has imposed an embargo or which is on a sanctions, prohibition or blacklist. Vendors cannot conduct transactions via the Platform with Users in countries with which transactions are prohibited by economic or trade sanction laws.
   2. For registration, users must provide a current e-mail address, their first and last name, address, and a password. E-mail address and password also serve as login data. Only one user account can be created with the same e-mail address. The e-mail address also serves for communication with Leica and is to be used for all correspondence relevant to the agreement between Leica and the User.
   3. Users must keep their password secret and carefully secure access to their user account. Users shall be obliged to inform Leica immediately of any indication that a user account may have been compromised by third parties.
   4. The user account is highly personal. The User shall not be entitled to transfer their profile to a third party without the express consent of Leica. The User shall also not be entitled to give third parties access to the user account using the User’s login data without Leica’s express consent.
   5. The User warrants that the information provided during registration is accurate and complete. In particular, no third-party data may be entered. The use of pseudonyms is prohibited. Leica reserves the right to verify the identity of the User in case of doubt and, if necessary, to request corresponding evidence.
5. Use of the Platform
   1. The Platform may be used by non-registered users as guests and registered Users having a user account.
   2. Additionally, Leica provides registered Users with free features that facilitate the use of the Platform, in particular the option to save address data and payment options. Furthermore, communication with Vendors is easier for registered users.
   3. Leica may modify use of the Platform or individual features and functions or the extent to which individual features and functions can be used at any given time.
   4. Leica endeavors to ensure that the Platform operates smoothly. This shall naturally be limited to services over which Leica has control.
   5. Leica shall have the right to restrict access to the Platform in whole or in part, temporarily or permanently, due to maintenance work, capacity concerns, and events beyond Leica's control.
6. General Obligations During Use of the Platform
   1. The User shall be obliged to refrain from any action that may potentially interfere with, impair and/or excessively burden the operation of the Platform or the technical infrastructure behind it and its features, functions/access options. This includes in particular:
      • the use of software, viruses, robots, scripts or databases in connection with the use of the Platform;
      • the blocking, overwriting, modification, copying of data and/or other content, unless required for proper use of the Platform;
      • the spreading of computer viruses, Trojans and other harmful files through the Platform;
      • the dissemination and/or public reproduction of content of the Platform created by commercial users, unless the authorized user expressly permits the User to do so.
   2. The User shall be obliged not to use any content on the Platform and in their profile that violates applicable law or infringes the rights of third parties.
   3. The User shall be obliged not to use the Platform or information obtained through the Platform in order to send messages with advertising content to other Users or third parties without their prior express consent.
   4. The User shall be obliged not to use the data and content obtained by querying and using the Platform or made accessible on the Platform, either in full, in parts or in excerpts, for the creation of their own database, commercial data exploitation (including in connection with AI training and related purposes), the provision of information or other commercial use.
   5. The User shall be obliged to exclusively use the search functions provided on the Platform. Searches using automated search algorithms that access Leica’s databases are not permitted.
   6. In the event that Users rate Vendors on the Platform, ratings must be accurate and based on facts. In particular, unobjective or disparaging statements are prohibited. Leica shall be solely responsible for the structure and composition of the rating mechanism.
   7. Users shall ensure that their login data is not accessible to third parties and shall take appropriate care to prevent misuse. If the User suspects that third parties have or could have obtained knowledge of the login data or are using the User's account, the User shall notify Leica immediately and change their login data.
   8. The User shall be obliged to secure all data used in connection with the Platform to the extent necessary.
   9. The User shall be obliged to notify Leica immediately in the event of a malfunction of the Platform or any of its features and functions. This shall apply accordingly if the User obtains knowledge that the Vendor or other Users are clearly violating applicable law, the rights of third parties or these GTCU.
7. Term of the Agreement, Termination and Cancellation
   1. The agreement shall run for an indefinite period and may be terminated by either party at any time without giving notice and without the need to give reasons.
   2. Termination by Leica shall be legally valid if, for instance, Leica notifies the User of the termination at the e-mail address provided by the User. The User must give notice of termination in writing or by using the function for deleting their user account on the Platform.
   3. In addition, the right of the parties to terminate the contractual relationship by extraordinary termination for important reasons shall remain unaffected. In particular, Leica considers a User’s persistent violation the User's obligations under sections 4 and 6 of this agreement to be an important reason.
   4. In the event of termination, the User shall no longer have access to their account and its stored content. Leica shall be entitled to delete the User's content without prior notice. Leica shall have the right to notify Vendors or other Users of the termination of the contractual relationship with the User.
   5. Instead of declaring termination, Leica may, at its sole discretion, also order the blocking or deletion of the User's access for an indefinite period of time. In particular, Leica may irrevocably delete a User's account and all related content if the User has not logged in for at least 1 year and has not responded to a reminder message from Leica within a reasonable period of time or if the e-mail address provided by the User can no longer be reached.
   6. In the event of extraordinary termination by Leica, the User shall not be entitled to register for an account again.
8. Availability, Warranty
   1. Leica endeavors to provide full functionality of the Platform, allowing it to operate smoothly and to provide Users with access to it. This shall naturally be limited to services over which Leica has control. The User acknowledges that it is technically not feasible for the Platform to be available without any interruption. Nevertheless, Leica shall endeavor to ensure permanent availability of the Platform. However, the User has no claim to this.
   2. As a general rule, Leica does not check the content and offers posted on the Platform in advance. Therefore, Leica cannot be held responsible for the correctness, accuracy, reliability, timeliness, appropriateness and/or completeness of the information and offers available on the Platform.
9. Support
   The User can submit inquiries to Leica regarding use of the Platform using the contact form available on the Platform. Leica will respond to the User's inquiries as soon as possible after receipt.
10. Leica’s Liability
    The following paragraphs of this section apply solely to Non-U.S.-Users. For U.S. Users section 17 exclusively applies.
    1. Leica shall be liable for intent and gross negligence. Leica shall be liable for slight negligence in the event of damage resulting from injury to life and limb or the health of persons.
    2. In other events of slight negligence, Leica shall only be liable if an essential contractual obligation has been breached. The fulfillment of such an essential contractual obligation shall be deemed a prerequisite for the proper execution of the agreement and the User may regularly rely on its fulfillment (cardinal obligation). Furthermore, Leica shall only be liable for damage that is foreseeable and typical for this type of agreement at the time of the conclusion of the agreement.
    3. This limitation of liability shall also apply to Leica's agents.
11. Indemnification
    1. The User shall indemnify Leica and its employees or agents upon first request against any and all claims by third parties arising from the alleged or actual infringement and/or violation of third-party rights in connection with the use of the Platform by the User.
    2. The User shall be obliged to reimburse Leica for any and all costs incurred by Leica as a result of third-party claims. Reimbursable costs shall also include the costs of appropriate legal prosecution and reasonable legal defense expenses incurred by Leica to defend itself against third-party claims.
12. Data Protection
    Leica’s Privacy Policy shall apply to information on the processing of personal information.
13. Amendment of the Agreement
    1. Leica shall be entitled to modify or amend provisions of these GTCU with effect for the future at any time and without stating reasons, e.g., in the event of technical changes related to the platform, the expansion, adjustment or restriction of features and functions.
    2. Leica shall notify the User in writing of any modification of or amendment to these GTCU at least 30 days prior to their coming into force without having to send or otherwise communicate to the User the modified or amended GTCU in detail or the new version of the GTCU as a whole. It shall suffice to inform the User of the fact of such modification or amendment. When sending out a notification of modifications and amendments, Leica shall provide a link under which the new version of the GTCU applicable to the platform as a whole can be viewed.
    3. If the User does not object to such modifications and amendments in writing within 14 days after having been notified, this shall be deemed as consent to such modification or amendment. Leica shall expressly point this out in the notification of the modification or amendment.
14. Assignment and Transfer of the Agreement
    Leica shall be entitled to transfer this agreement including any and all additional agreements with any and all rights and obligations to a company of its choice. If this agreement is transferred to a company that is not an affiliated company of Leica, the User shall have a special right of termination, which must be exercised in writing within 14 days after notification by Leica. Leica shall expressly indicate this in the notification.
15. Amendment of the Agreement
    The following paragraphs of this section apply solely to Non-U.S.-Users. For U.S. Users section 18 exclusively applies.
    1. Should one or several provisions of these GTCU be or become ineffective, this shall not affect the effectiveness of the remaining provisions.
    2. Before taking legal action, Leica and the User shall endeavor to reach an out-of-court settlement. The European Commission provides a platform for online out-of-court dispute resolution (https://ec.europa.eu/consumers/odr). Leica is neither willing nor obliged to participate in any formal dispute resolution procedure before a consumer arbitration board.
    3. The law of the Federal Republic of Germany shall apply with the exception of the United Nations Convention on Contracts for the International Sale of Goods (CISG). Mandatory protective provisions of the law of the country in which the User has their habitual residence shall remain applicable.
    4. If the User is a merchant, the place of jurisdiction for all disputes arising from or in connection with these GTCU shall be the registered office of Leica at the time of the conclusion of the Agreement.
    
    
    THE FOLLOWING PROVISIONS APPLY SOLELY TO U.S. USERS:
16. DISCLAIMER
    THE PLATFORM IS PROVIDED “AS IS” AND "AS AVAILABLE" WITHOUT ANY KIND OF WARRANTY (EXPRESS OR IMPLIED). LEICA EXPRESSLY DISCLAIMS ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ANY WARRANTIES IMPLIED BY A COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE.
    
    LEICA DOES NOT GUARANTEE THAT: (I) THE PLATFORM WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) THE PLATFORM WILL BE FREE OF VIRUSES OR OTHER HARMFUL MATERIALS; OR (IV) THE RESULTS OF USING THE PLATFORM WILL MEET USER’S EXPECTATIONS. USER MAY USE THE PLATFORM SOLELY AT THEIR OWN RISK. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO THIS USER.
17. LEICA’s LIABILITY
    TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER LEICA (INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUBSIDIARIES, PARTNERS, OR AFFILIATES) SHALL BE LIABLE TO YOU FOR ANY LOST PROFITS OR REVENUES, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE PLATFORM OR THIS AGREEMENT. IN NO EVENT SHALL LEICA’S AGGREGATE LIABILITY FOR ANY DAMAGES EXCEED THE GREATER OF: (A) $100 OR (B) THE TOTAL AMOUNT USER PAID LEICA (IF ANY) TO USE THE PLATFORM IN THE PAST 12 MONTHS PRIOR TO ANY ACTION GIVING RISE TO THE LIABILITY. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO THIS USER.
    
    AS LEICA IS NOT INVOLVED IN TRANSACTIONS BETWEEN USERS AND VENDORS, USERS RELEASE LEICA FROM ANY AND ALL CLAIMS, DEMANDS, DAMAGES (ACTUAL AND CONSEQUENTIAL), LIABILITIES, AND EXPENSES (INCLUDING ATTORNEYS' FEES), OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY USER DISPUTE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
18. Arbitration and Disputes
    1. The agreement is governed by and will be construed under the Federal Arbitration Act, applicable US federal law and the laws of the state of New York, without regard to the principles of conflict of laws or the Convention on Contracts for the International Sale of Goods.
    2. Before taking legal action, Leica and the User shall endeavor to settle any dispute, claim, question, or disagreement arising out of or relating to the subject matter of the agreement directly through good-faith negotiations, which shall be a precondition to either party initiating arbitration. If such negotiations do not resolve the dispute, it shall be finally settled by binding arbitration in New York, New York, USA. The arbitration will proceed in accordance with the JAMS Streamlined Arbitration Rules and Procedures (the "Rules") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes. The arbitrator shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. The Rules will govern payment of all arbitration fees. Leica will pay all arbitration fees for claims less than $50,000. Leica will not seek its attorneys' fees and costs in arbitration unless the arbitrator determines that User’s claim is frivolous.
    3. Either User or Leica may assert claims, if they qualify, in small claims court in New York City. Furthermore, notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction, to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights.
    4. USER AND LEICA WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR JURY. User and Leica are instead choosing to have claims and disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In any litigation between User and Leica over whether to vacate or enforce an arbitration award, USER AND LEICA WAIVE ALL RIGHTS TO A JURY TRIAL, and elect instead to have the dispute be resolved by a judge.
    5. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither User nor Leica are entitled to arbitration; instead all claims and disputes will be resolved in a court as described in subsection (2) of this section.
    6. User has the right to opt out of the provisions of this section by sending written notice of their decision to opt out to the following address: Leica Camera AG, LEICA CLASSIC MARKETPLACE, Am Leitz-Park 5, 35578 Wetzlar, Germany, postmarked within 30 days of the conclusion of this agreement. User must include
       1. their name and residence address,
       2. the email address and/or telephone number associated with their account, and
       3. a clear statement that User wants to opt out of this arbitration agreement.
    7. If the User sends an opt-out notice, and/or in any circumstances where the foregoing arbitration agreement permits either User or Leica to litigate any dispute arising out of or relating to the subject matter of this Agreement in court, then the foregoing arbitration agreement will not apply to either party, and both User and Leica agree that any judicial proceeding (other than small claims actions) will be brought in the state or federal courts located in New York, New York.
    8. To ensure efficient resolution, if within a 90-day period, 25 or more claimants submit Notices of Dispute or file arbitrations raising similar claims (i.e., with the same or similar facts or events and legal issues) and are represented by the same or coordinated counsel, the disputes must be arbitrated in batches of up to 75 claimants each (“Batch”). Batch claims shall be subject to JAMS’ Mass Arbitration Procedures and Guidelines and shall follow JAMS Mass Arbitration Procedures Fee Schedule.