Terms & Conditions

Effective date: July 18, 2023

Welcome to Listx (“Site”), a platform designed to make reselling of pre-owned items effortless. The Listx platform is managed and operated by Listx OÜ, located at Erika 15-47, Tallinn 10416, Estonia.

Prior to registering on the Site, it is mandatory for each User to carefully review the Terms and Conditions (referred to as the "Terms"). This document establishes a legally binding agreement between the User and Listx, governing their access and usage of the Site. Users are obliged to adhere to these guidelines. Furthermore, Users are also required to familiarize themselves with the Privacy Policy.

By accessing or using our platform, you agree to comply with and be bound by the following Terms. Please read them carefully.

1. Acceptance of Terms
   1. By accessing or using the platform, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy. By agreeing to these Terms, you can access and use our Site as a User, enabling you to participate as both a Buyer and a Seller of Items on the Site. If you do not agree to these Terms, you are not authorized to use the Site.
   2. Certain features of the Site may utilize tools and services provided by third parties, which may be governed by separate terms and conditions. Whenever third-party tools and services are subject to separate terms and conditions, the Site will provide a link to the applicable terms and conditions. These terms and conditions will be accessible in a format that allows reproduction and storage within the relevant third-party services, and they must be accepted separately if you wish to use these third-party services.
2. Services

   Listx offers its Users an easy way to create a digital inventory of the things they own.

   As an additional service, Listx acts as an intermediary, providing Hosting Services that facilitate transactions between Buyers and Sellers. Listx may offer additional Services to the benefit of the Users. Listx is not involved in the actual buying or selling of the items displayed on the Site.

   Listx may also offer third party services for the benefit of its Users.

3. Platform Usage
   1. Individuals who cannot use the Site
      • The Site is intended for individuals who are at least 18 years old. If you are a parent or guardian of a dependent under the age of 18, you may create an account and accept these Terms on their behalf. However, by doing so, you assume full responsibility for the minor's use of the Site and acknowledge that it is meant for individuals who are at least 18 years old.
      • The Site is not authorized for use by professional sellers. Please refrain from using the Site for commercial purposes.
   2. As a Visitor of the Site, you can search for and view Items in the Inventory and read Content provided by Users, as well as access News and other published information on the Site. However, you will not be considered a User and will not be able to utilize the Services. Nonetheless, these Terms can provide you with valuable information.
   3. User Accounts
      1. To use our platform, you must create a user account by providing accurate and complete information. You are solely responsible for maintaining the confidentiality of your account information and for all activities that occur under your account. When registering, Users will be asked to provide their email address and a password to be used for identification purposes each time they access the Site. Users can also log in using their Social Logins. This data will be used as described in the Privacy Policy. In order to safeguard User Accounts and ensure security for all Users, Listx may occasionally verify the information provided or request additional information or assistance with verification procedures (referred to as "Security Procedures"). These Security Procedures aim to confirm the identity of the person accessing and/or conducting transactions from the User Account. The Security Procedures will be reasonable and proportionate to the security objectives pursued. As part of these procedures, Listx may verify the User's telephone number, email address, credit card, debit card, other payment methods, or bank account.
4. Item Listings
   1. You agree to provide truthful and accurate information about the items you wish to sell, including descriptions, pricing, condition, and other relevant details.
   2. The platform will automatically create an Item List and Llistings based on the information gathered from your purchase history and publicly available sources. It will use available product information, including descriptions, technical specifications, and photos (where possible), to create the Item List and the Listings.
   3. You have the ability to edit, delete and manage your Item List and Listings, including descriptions, pricing, pictures, and other relevant details. It is the User’s duty to update any information in the listing that is not accurate.
   4. Only Items that meet the following conditions may be listed on the Site:
      1. The item must belong to one of the following categories:
         1. Clothing, footwear, and accessories for women, men, and children.
         2. Toys, furniture, and childcare equipment for children.
         3. Brand-new cosmetics, beauty products, and beauty gadgets.
         4. Technological accessories like headphones, smartwatches, phone cases, and similar items.
         5. Homeware items like textiles, tableware, and home accessories.
         6. Entertainment products such as video games, consoles, accessories, books, games, puzzles, music, and videos.
         7. Pet care items like clothing, accessories, bedding, travel accessories, and toys.
      2. The Seller must have the legal right to transfer ownership of the Item.
      3. The Seller must not offer for resale items purchased in bulk or items sold as dropshipping products with a low resale value.
      4. The sale, use, or possession of the Item must not infringe upon the rights of any third party, including intellectual property rights, and must comply with all applicable local, national, and international laws and regulations. The Item must be genuine and safe.
      5. The Item must meet commonly applied market requirements, unless there is a mutual agreement between the Buyer and the Seller stating otherwise.
      6. The Items must adhere to the Payment Service Provider's list of prohibited and restricted products and services, where applicable.
   5. By choosing to put an item on Active Sale, you agree to display an active Listing of the item on the platform, which will be visible to Visitors and Users of the platform and by doing so it constitutes an offer for sale by the Seller, which can be accepted by the Buyer.
   6. The Seller must adhere to all Listing rules, this includes filling in the missing data on the Listing, selecting the most appropriate category for the Item, and ensuring there is at least one high-quality photograph associated with the item (or more if required). Sellers are prohibited from using images sourced from the internet or pictures of similar Items. The description and photographs of the Item must accurately represent its quality, appearance, and any faults, defects, or alterations.
   7. The Seller who listed the Item has the option to withdraw it or modify the price at any time before entering into a contract with a Buyer for the sale of that specific Item.
   8. Items not in the Active Sale process may still be visible to Visitors and Users, but the information about the owner of the Item will not be disclosed. Users can make offers to the owners of these Items.
   9. Sellers may choose to purchase Additional Services, such as services designed to enhance the visibility of their Items on the Site. Information about these Additional Services, including their characteristics, will be provided to Users in the Site's Help Centre. Additional terms applicable to these Additional Services, if any, must be separately accepted by the User.
   10. Upon receiving proper notification in accordance with Listx’s rules or from competent authorities, Listx will promptly remove any unlawful Content. Listx may also use automated software and algorithms to detect and immediately delist or remove Items or Content from the Site without prior notice in the following cases:
       • Obviously unlawful or contrary to applicable regulations (e.g., counterfeit Items);
       • Contrary to good moral standards or public security;
       • Listed or posted by a Seller engaged in professional commercial activities in violation of the Terms;
       • Breaches of these Terms.

       Affected Users can appeal Listx's decision to support@listx.ai.

       Listx’s use of automated software should not be interpreted as an obligation to actively monitor unlawful activities or Content published on the Site. To the extent permitted by applicable law, Listx assumes no liability for such activities or Content.

5. Offer, Interactions and Transactions
   1. Buyers can buy Items listed for Active sale on the Site by using the Buy button. By pressing the Buy button the Site will open a dialogue between the Seller and the Buyer through Private Messages allowing them to agree the specific terms.
   2. Buyers may also make offers for Items listed on the platform that are not in Active Sale. Sellers have the option to accept or decline these offers anonymously.
   3. Buyers can interact directly with the Sellers on the Site. The Buyers and Sellers can agree the exact terms of the transaction and the delivery directly with each other. For the avoidance of doubt, Listx is not a party to this transaction.
   4. Both the Buyer and the Seller acknowledge that all transactions are done in good faith based on (i) the description and photographs of the item, (ii) the conditions agreed upon between the Buyer and Seller and (iii) the relevant conditions included in these Terms. The Buyer agrees to pay for the Item and the Seller undertakes to transfer the ownership of the Item.
   5. All purchases made on Listx platform are made solely at the Users’ risk and Listx does not offer any securities or protections in relation to these transactions. To the extent permitted by law, Listx is not responsible for and disclaims all liability arising out of or related to, purchases conducted on or off the Site.
6. Interaction and messages on the site
   1. Users can exchange Private Messages solely for the purpose of sharing information about the Listings or Listed Items. When sending Private Messages to other Users, it is important to avoid sending:
      • Messages or information that contain advertising.
      • Spam or content that spreads viruses or worms.
      • Mass mailing messages to more than five Users or sending the same message to Users who did not request them.
      • Messages that include texts contrary to good moral standards and public security, inappropriate, insulting, defamatory, or otherwise incompatible with these Terms and the interests of Users.
      • Messages of an unlawful nature or that intend to harm other Users or the Site.
      • Messages that may be considered harassment in any form.

      Listx may use automated software and algorithms to identify Private Messages containing content that violates good moral standards and public security or indicates fraudulent behavior. If such content is detected in a Private Message, Listx may take the following actions, without limiting other available remedies:

      • Block or hide the Private Message and User from the recipient.
      • Issue a warning to the User who sent the inappropriate Private Message, reminding them to comply with these Terms and informing them that Listx may take further steps, including suspending the User's Account for repeated violations.

      It should be noted that Listx's use of automated software does not imply an obligation to actively monitor or search for unlawful activities or content on the Site. Furthermore, to the extent permitted by applicable laws, Listx is not liable for any such content.

   2. Exchange of feedback among users

      After completing a transaction, both the Buyer and Seller have the option to publish reviews about each other on the Site. Users and Listx do not receive any compensation in exchange for these online reviews.

      When reviewing another User, it is important to provide a fair and honest assessment. False information and insults are strictly prohibited.

      Listx does not pre-screen reviews before they are published on the Site by Users.

      If any review published on the Site is inappropriate, abusive, or does not comply with these Terms, Users can report the review to Listx by sending an email to support@listx.ai. Upon request, Listx will remove reviews that violate these Terms and applicable laws.

      Furthermore, Listx may block the account of any User who submits reviews that do not comply with these Terms. Only Users are permitted to write and post reviews on the Site.

7. Liability, Rights and Obligations
   1. Users are fully responsible for the information they post on the Site and for the Items they offer, sell, or transfer to other Users. This includes the responsibility for uploading Items to the Site, providing accurate descriptions, photographs, and videos, posting information on the Site, making declarations to Buyers or other Users, and ensuring the accuracy of other details such as Private Messages and feedback (collectively referred to as "Content"). Users are also responsible for the Transactions they engage in with other Users and any resulting disputes.
   2. When using the Site, Users must comply with all applicable laws, rules, and regulations. Users should refrain from:
      • Infringing the rights of third parties.
      • Violating intellectual property rights or listing counterfeit Items.
      • Listing Items that violate laws or regulations.
      • Inciting offenses, crimes, discrimination, hate, or violence based on race, ethnic origin, or nationality.
      • Sharing incorrect or confidential information.
      • Making defamatory comments.
      • Endangering minors.
      • Publishing personal data of others or violating privacy rights.
      • Misappropriating someone else's identity.
      • Uploading or inputting unlawful, false, or inaccurate Content. Users must act in good faith and use the Site responsibly.
   3. Listx acts as an intermediary between Buyers and Sellers. If any User or Visitor reports misconduct by another User or Visitor, Listx may provide assistance to the affected party and cooperate with local authorities if necessary. Users acknowledge that if they fail to comply with or violate these Terms, they are solely responsible for any direct or indirect losses incurred by third parties or Listx, to the extent permitted by law. Therefore, Users recognize that, except for cases of breaching these Terms, Listx will not be held responsible for any damages or losses suffered by Visitors, Users, or third parties. This includes, but is not limited to, actions or omissions of Users, the appropriateness, accuracy, completeness, and legality of any Content, the safety, quality, and quantity of Items, and any issues related to Transactions.
   4. Listx is not responsible for the Content generated by Users. Users are responsible for their own Content. As a hosting provider, Listx has no contractual obligation to verify the Content and Items listed. Therefore, to the extent permitted by applicable law, Listx will not be held responsible for any damages or losses suffered by Visitors, Users, or third parties in relation to such Content and Items. However, Listx will remove any unlawful Content that is duly reported, following its legal obligations. If Listx detects Content or Items that violate applicable laws or these Terms, appropriate actions will be taken against the User, as described in these Terms.
   5. If any User or Visitor discovers Content that supports crimes against humanity, incites racial hatred or violence, involves terrorist acts, child pornography, or any other unlawful content, Listx must be immediately informed through one of the following methods:
      • Sending an email to support@listx.ai.

      Upon receiving a report about such Content, Listx reserves the right to suspend the User's account and remove the Content immediately and without notice.

   6. If a User believes that any Content violates these Terms or their rights, or the rights of a third party (e.g., counterfeiting, insult, breach of privacy rights, product safety issue), they can notify Listx through the following methods:
      • Sending an email to support@listx.ai.

      Upon receiving a report about such Content, Listx reserves the right to suspend the User's account and remove the Content immediately and without notice.

   7. By using the platform, you acknowledge that all intellectual property rights in the platform and its content (excluding user-generated content) are owned by or licensed to us. You agree not to reproduce, distribute, modify, or create derivative works of the platform without our prior written consent. Intellectual property rights holders should submit a notice of intellectual property rights infringement by sending an email to support@listx.ai.
   8. By submitting information or data, specifically photographs, on the Site referred to as "Content", Users of the Site or the Services grant Listx and any company affiliated with Listx a non-exclusive license, without compensation, to use the Content worldwide. This license remains in effect for the duration of the applicable rights, if any, including any extensions. The license permits Listx to use, copy, reproduce, display, and adapt the Content. Listx has the right to utilize such Content across various media platforms, including TV, print, the Internet (such as banners and articles on other websites), and social networks (Facebook, Twitter, Instagram, etc.), for operational, commercial, advertising, and internal purposes, which Users accept. Users bear sole responsibility for the Content and confirm that they possess all rights over it.
   9. Users are solely responsible for any tax liabilities or reporting obligations arising from their activities on the Site. Users must fulfill any taxation reporting duties required by applicable legislation for the Transactions conducted on the Site.
   10. Listx takes appropriate measures to protect the security of Users' data and prevent the compromise of data and software on their devices. However, despite these measures, Listx's systems may still be vulnerable to unforeseen events such as cyber attacks or security breaches affecting data transmission. Users are strongly advised to take appropriate measures to protect their own data and software from potential risks, including viruses circulating on the Internet, even when Listx has implemented suitable security measures in accordance with legal requirements.
   11. In case of a product safety issue with an Item, Users are advised to stop using the Item.
   12. The Terms do not establish a partnership (in any legal form) between Listx and the Users, nor do they create any labor law relationships, relationships between a commercial agent and their customers, or a franchise relationship.
8. Obligations of the User
   1. When providing Services, Listx takes efforts to ensure that Users can use the Site safely. A secure and trusted experience constitutes an integral and an essential part of all Services. Nevertheless, keeping this environment safe and secure is highly dependable on the Users and their behaviour. For this reason, when using the Site, Users undertake to follow the rules stipulated in these Terms.
   2. Users and Visitors agree to:
      • Provide accurate and truthful information, including their name and email address, during registration.
      • Register only once on the Site and not create multiple Accounts unless a third party gains unauthorized access to their Account, in which case the User must inform Listx and have the original Account blocked.
      • i18nNot use the Site or Services for unlawful or fraudulent actions or transactions.
      • Provide objective, correct, detailed, and comprehensive information about the Items being sold.
      • Ensure the accuracy of the proposed price and other relevant information regarding the Items.
      • Not copy any content or information from the Site uploaded by Listx or other Users for unlawful purposes.
   3. Users and Visitors agree not to:
      • Share, publish, or use misleading or incorrect information or data.
      • Encourage the acquisition of goods that are forbidden or restricted.
      • Use photographs for which they do not hold the intellectual property rights or that contain links to other websites.
      • Use photographs that depict people other than themselves without consent, or photographs that are considered contrary to good moral standards and public security.
      • Publish Content promoting terrorism, racism, hate speech, discrimination, illegal activities, or explicit/exploitative content.
      • Offer, sell, buy, or transfer Items that infringe on the intellectual property rights of third parties, such as registered trademarks, design rights, or copyrights.
      • Violate ownership or personal rights of third parties, including intellectual property rights.
      • Violate applicable laws, regulations, public security, or good moral standards.
      • Use programs or computer files that contain viruses or disrupt the normal operation of the Site, infect User computers, or prevent Site usage.
      • Share or promote links to competing websites or illegal content.
      • Mine data, screen scrape, or crawl any part of the Site.
      • Disassemble, decompile, or reverse engineer any part of the Site.
      • Adapt, copy, distribute, or commercialize any Site content without prior written consent from Listx.
   4. Users shall not collect, hold, transmit, make public, publish, or disclose User data or data on User actions, including Transactions, if such data was obtained illegally or through unlawful actions or omissions. Users shall also not disclose information that may infringe on the rights of other Users, including intellectual property or privacy rights. However, this restriction does not apply to the "share" function on the Site, which allows Users to share public information available on the Site via Listx's Social Network Accounts or their own social network accounts, or to send such information by email.
   5. Users are responsible for keeping their Account login details and password confidential and must not disclose them to third parties, except for authorized individuals. Users are solely responsible for all activities occurring under their Account. If unauthorized access or a compromised password is suspected, Users must promptly notify Listx via email: support@listx.ai.
   6. Users agree to update any outdated or inaccurate information on the Site, including their registration details, Account information, and information regarding listed Items, both active and passive listings.
   7. When using the Site, Users represent that:
      • They are individuals aged 18 years or older (or have parental/legal guardian consent and supervision if a minor).
      • They use the Services for personal benefit, not for professional activities.
      • They have the full capacity and rights to engage in Transactions on the Site.
      • They understand their obligations under the agreement between Buyer and Seller and are fully responsible for fulfilling those obligations.
      • They understand that ordering an Item obliges them to purchase it, and failure to do so may require reimbursement to the Seller for any losses incurred.
9. Listx’s rights and obligations
   1. Listx reserves the right to reorganize the listings, advertising spaces, or other information on the Items to enhance the user-friendliness of the Site. These changes will not negatively impact Sellers and will not affect Listx's obligations under these Terms, as long as the User's provided Content remains unchanged.
   2. Listx may publish News or other communications on the Site regarding short and long-term offers, competitions, campaigns, games, promotions, or special limited-time or exclusive offers for Users that comply with national laws (collectively referred to as "Promotions"). Special conditions may apply to these Promotions, and certain features or functionalities of the Site may be temporarily altered or disabled during or in connection with a Promotion. Listx reserves the right to discontinue any Promotion without notice. Eligibility requirements for Promotions will be determined by Listx. Information about Promotions will be available on the Site upon their launch, and if they constitute a binding contract between the User and Listx, the User will have the opportunity to accept these terms separately in a format that allows for storage and reproduction. In the event of any inconsistency between these Terms and specific conditions published on the Site applicable to Promotions, the latter will prevail exclusively within the context of the Promotion.
   3. Listx may terminate, suspend, or assign the operation of the Site to third parties at any time. Users of the Site will be notified in advance, respecting a notice period of thirty (30) days.
   4. Users based in the European Union benefit from a legal guarantee of conformity for the digital services provided by Listx. Under this guarantee, Listx is responsible for any lack of conformity that exists at the time of supply and is discovered by the User within two years of the initial supply of digital services, or any lack of conformity that occurs or becomes apparent during the continuous supply period of the digital service by Listx. Users' national laws may provide longer guarantees. To submit a claim under this guarantee, Users can contact Listx via email: support@listx.ai.
10. Personal data protection
    1. Listx's collection and processing of Users' personal data are described in the Privacy and Data Policy, which can be accessed at the following link: https://www.listx.ai/privacy. The Privacy and Data Policy, including its various sections, is not intended as contractual clauses and does not form part of these Terms.
    2. Users are responsible for providing accurate data to Listx. If there are any changes to your personal data (such as address or last name), you must promptly notify Listx by updating your account information.
    3. When you independently process personal data separate from Listx, you are responsible for ensuring compliance with applicable data protection laws, particularly the General Data Protection Regulation.
11. Modifications

    We reserve the right to modify or update these terms and conditions at any time without prior notice. It is your responsibility to review the terms periodically for any changes.

12. Governing Law

    If any term or part of the terms within these Terms is deemed invalid, unlawful, or unenforceable by a competent authority to any extent, that specific term shall be removed, while the remaining terms will remain valid and enforceable to the maximum extent permitted by law.

    These terms and conditions shall be governed by and construed in accordance with the laws of Estonia. Any disputes arising out of or in connection with these terms shall be submitted to the exclusive jurisdiction of the courts of Estonia.

13. Contact us

    If you have any questions or concerns about these Terms & Conditions, please contact us at support@listx.ai.