Terms and conditions of use


General terms and conditions of use for the essence-cosmetics website

The essence-cosmetics website is the online presence of the company cosnova GmbH (hereinafter referred to as “cosnova”), and provides information and data as well as using hyperlinks (Internet links) to make information on other websites available. The information and data in question are intended solely for information purposes. No assurance or guarantee can be given as to the accuracy or completeness of the information or as to whether the information is up to date.

§ 1 Scope of validity
Cosnova is responsible solely for information which the company produces, publishes and disseminates itself. The terms and conditions of use are applicable to the content of the websites www.essence-cosmetics.de and www.essence-cosmetics.com and all sub-domains belonging to these domains as well as the respective websites of essence-cosmetics, Internet presences of cosnova and online services offered by essence-cosmetics.

§ 2 Liability
Cosnova shall not be held liable either for the content and software disseminated on the website of essence-cosmetics, or for damages arising from such content or software, unless such damages have occurred as a result of deliberate acts or gross negligence on the part of cosnova, its employees or subcontractors. This applies to damages of all kinds, in particular damages which can arise as a result of faults, delays or interruptions in transmission, as a result of malfunctions of the technical equipment and of the service, inaccurate content, loss or deletion of data or viruses, or damages sustained in some other way when using the online services provided.
Cosnova assumes no responsibility for the content, accuracy, legality and functional capability of Internet pages belonging to third parties to which users are directed via links from the Internet page of essence-cosmetics.  Pages are requested via links at the user’s own risk.

§ 3 Copyright
The content made available via the essence-cosmetics website is protected by copyright.  Its use is subject to the copyright laws currently in force. This website cannot be amended, copied, published elsewhere, transmitted, disseminated or stored without the consent of cosnova. The material can only be used for private, non-commercial purposes, subject to strict observance of the copyright laws.
A simple, non-exclusive and non-transferable licence is issued specially for the software, directories, files and their contents which are made available for download by cosnova. This licence is restricted to a single download and storage operation. Cosnova retains all other, more extensive rights. In particular, their sale and use for commercial purposes of any kind is prohibited.
Cosnova assumes no liability for impaired quality of access as a result of force majeure or as a result of events for which cosnova cannot be held responsible, in particular failure of communications networks and gateways. Cosnova gives no guarantee that the Internet site will function without interruption or malfunction, or that any faults will be rectified. Similarly, no guarantee is given in respect of the accuracy of the content of the Internet page.

§ 4 Data protection
Cosnova is under obligation to respect the legal provisions with regard to data protection and to respect the secrecy of telecommunications. In particular, we would refer you in this connection to the data protection declaration by cosnova.

§ 5 Amendments to these terms and conditions of use
Cosnova reserves the right to amend these terms and conditions of use at any time. No explicit reference will be made to amendments of the terms and conditions of use. Users must review the terms and conditions of use independently at intervals to identify any amendments.

§ 6 Final provision
These terms and conditions of use and all legal relationships between the users and the essence-cosmetics website are governed exclusively by German law. In the event that individual provisions of the terms and conditions of use should be or become invalid, then the validity of the remaining provisions of the terms and conditions of use shall remain unaffected.

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Special terms and conditions of use for the E-Card service

Use of the E-Card service within the framework of the essence-cosmetics website is governed in the first instance by the General terms and conditions of use of the company Cosnova GmbH (hereinafter referred to as “cosnova”) in the version currently in force, and in addition by the following special terms and conditions for use of the E-Card service:

§ 1 Performance of the service
Use of the E-Card service  is at the risk of the user. The E-Card service is made available by cosnova on the www.essence-cosmetics.de and essence-cosmetics.com sites, subject to availability and without any guarantee of a specific level of quality.
Cosnova gives no guarantee that the hardware and software used for the E-Card service will function properly at all times, nor that any hardware or software defects will be rectified. Cosnova points out that delays of a technical nature can occur in relation to the despatch of E-Cards. In particular, therefore, no guarantee can be given in relation to the prompt despatch of E-cards in all cases, or in relation to the absence of viruses or other damaging components. Should the content of the E-Card and its punctual receipt be of special importance to you, please send off the E-Card promptly and if necessary check that it has been received at the proper time.
Because of the technical structure of the Internet, no guarantee can be given with regard to the confidentiality and integrity of the content of messages transmitted via this service.
The E-Card service is free of charge. However, costs arising from use of the Internet, in particular the fees of the user’s Internet Service Provider and the telephone charges, shall be borne by the user.
Cosnova reserves the right at any time to expand or reduce the E-Card service or part of the E-Card service, to impose a charge for the service or to cease to provide the service in its totality, either for all users or for individual users.

§ 2 Permissible use of the E-Card service
When using the E-Card service, copyrights, rights to the name and trade mark and other protective rights of third parties must be observed. The user is under obligation to refrain from any misuse of the service, in particular:
- to refrain from by-passing any security measures of the information service,
- to refrain from making use of any devices or from running applications which would result in, or capable of resulting in, damage to the systems of cosnova or of third parties, for instance as a result of changes to the physical structure or configuration of cosnova’s server or network or of other networks,
- to refrain from sending any data and/or software capable of adversely affecting the hardware and software of recipients or which might result in unwanted processing of data,
- to refrain from sending any E-Cards with misleading information relating to the sender’s details, in other words concealing the sender’s own identity or purporting to be another sender,
- to refrain from using the service for commercial purposes and from sending any E-Cards for advertising purposes,
- to refrain from using the service in a manner which might infringe the rights of third parties in some other way,
- to refrain from using E-Cards with content which glorifies violence or which is discriminatory, insulting, threatening, libellous, racist, pornographic or indecent, or to send E-Cards which constitute a breach by the user of the laws currently in force in the Federal Republic of Germany or which are objectionable in any other respect, and
- to ensure, in each specific individual case, that the recipient explicitly consents to the receipt of an E-Card.
Violations of these terms and conditions of use will be prosecuted and reported to the authorities in the event that they fall within the scope of penal law. At the same time, compensation for any damages arising from misuse shall, where applicable, be paid by the party responsible for the damage.

§ 3 Responsibility for transmitted content
Cosnova is not liable for content belonging to the user or for other activities of the user. Users are responsible for the E-Cards which they have sent. Cosnova does not examine E-Cards, either before or after they are despatched. Cosnova cannot be held responsible for the content of the messages.
In the event that claims are made by third parties against cosnova, or companies affiliated to cosnova, due to actions by users which constitute negligence or which infringe the contract, in particular due to infringement of the aforementioned obligations, then the users assume sole responsibility in relation to cosnova, releasing cosnova and its affiliated companies from all claims made by third parties.

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Special terms and conditions of use for the newsletter

Cosnova GmbH (hereinafter referred to as “cosnova”) offers users of the essence-cosmetics website the option to subscribe to a newsletter. By this means, Cosnova gives them the opportunity to receive information from and about essence-cosmetics via e-mail. This service is governed by the General terms and conditions of use of cosnova in the version currently in force, in addition to the following special terms and conditions of use for the newsletter:


§ 1 Registration
It is a condition of subscription to the newsletter that the subscriber is willing to be registered. In order to do this, cosnova requires the subscriber to supply an e-mail address.The subscriber is at liberty to supply additional personal details.The subscriber has no entitlement to registration. Cosnova reserves the right to refuse registration, without giving reasons.


§ 2 Procedures
The subscription to the newsletter takes effect when the registration is sent off. Cosnova sends the subscriber a newsletter by e-mail on a regular basis. The subscriber has no entitlement to this service.Cosnova reserves the right to stop sending the newsletter, temporarily or permanently, without prior notice. This applies particularly in cases where proper performance of the newsletter service cannot be guaranteed, either for technical reasons (e.g. viruses in the computer system, manipulation or hardware and/or software faults) or for legal reasons.


§ 3 Notice of termination
Notice of termination of the subscription to the newsletter can be served by the subscriber at any time by sending an appropriate notification by e-mail. On receipt of the notice of termination, cosnova deletes the subscriber’s personal data which it has stored (in this connection see also § 5 below, as well as cosnova’s  data protection declaration), and ceases sending the newsletter without such delay as might constitute negligence.


§ 4 Liability
Cosnova shall not be held liable for damages arising as a result of faults, delays or interruptions to transmission, malfunction of the technical equipment and the newsletter service, inaccurate content, loss or deletion of data, viruses or damages incurred in any other manner when subscribing to the newsletter, unless such damages have been caused deliberately or as a result of negligence by cosnova, its employees or subcontractors.


§ 5 Data protection
Cosnova is under obligation to comply with the legal provisions with respect to data protection and to respect the secrecy of telecommunications. In particular, we refer in this connection to cosnova’s data protection declaration. By registering, the subscriber explicitly gives his consent to the storage by cosnova of the personal data transmitted. The subscriber is entitled at any time to delete his data by serving notice of termination of the subscription.


§ 6 Final provisions
Cosnova reserves the right to amend these terms and conditions of use at any time, without prior notice. The subscriber is deemed to have given his consent to the amendment, provided he has not objected to them via e-mail within a period of 14 days.

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essence trend community – the rules

version: march 2010

since everyone should feel comfortable in the essence trend community, it is very important that you abide by a few rules. these rules apply to all areas of the essence trend community.

we thus ask that you please read through these rules very carefully. they form the basis for all of your activities and are binding for everyone. if you do not consent to these rules, then unfortunately you cannot participate. if you violate the rules as a member, this can have legal consequences and may also result in you being excluded from the forum.

 

rule 1: registration
registration is required in order to participate in the essence trend community.

to register you must enter a valid e-mail address. you must also come up with a user name and a password. the user name should not include your real name either in whole or in part.

all other information in the registration form is voluntary.

we do not pass on your e-mail address to third parties and only use it if there are complaints or if we need to inform you of changes to these rules. we will only send the newsletter to you if you have expressly agreed to receive it.

you can cancel your registration at any time under “change my data” „change my data“. we can revoke your registration at any time without stating reasons.

 

rule 2: your password
your password is secret! please do not share it with anyone. you can change your password at any time under „change my data“.

 

rule 3: personal data
please do not pass on any personal information about you or other people to third parties. this includes last names, addresses, telephone numbers, e-mail addresses and messenger data such as icq numbers or msn addresses.

 

rule 4: behaviour in the essence trend community
behave politely and fairly towards other participants. this includes: no insults, no name-calling and no threats. simply treat all other participants the way you would like to be treated.

links to other websites are only allowed if the linked website complies with these rules. we assume no liability for the contents of external websites. if you discover that links refer to websites that contain offensive or illegal contents, please inform us at contact information.

so that everyone in the essence trend community can understand each other, please write in german. if you would like to post something in another language, please send a pm to a moderator first and you may do so after receiving consent. via the country flags you can also easily access the forum of another country.

the essence trend community is not a flirting site. if you want to meet someone whom you have met via chat or in the forum, please inform your parents and do not meet the person alone.

 

rule 5: copyright, rights of third parties
please consider that images and files on the internet are normally copyrighted or protected by other legal rights. before you use them, e.g. for your avatar, you must make sure that this is allowed. before posting photos, you must make sure that all people in the picture are in agreement.

 

violations of these rules
every user is personally fully responsible for all entries in the essence trend community. we only sporadically monitor the essence trend community to make sure that the rules are being observed.

if you discover that someone is not abiding by the rules, please report these violations to a moderator immediately.

sexual harassment and other harassment of any kind will be reported to the police.

we are free to decide against the dissemination of entries and to delete them from the essence trend community.

 

cookies
the internet site www.essence.eu uses cookies (small files that are stored on your computer). we only use cookies that are removed after closing the browser. a permanent cookie is only used if you indicate during the login process that you would like to stay permanently logged on. if you do not want us to use cookies, you can change the settings in your browser to disable cookies.

 

contact
if you have any concerns, let us know at contact information .

 

operator of this site
“we” in the sense of these rules is cosnova GmbH, Am Limespark 2, 65843 Sulzbach, Germany.

complete contact information

 

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General remarks on data protection: information on the collection, processing and use of your personal data

Your confidence in the proper handling of your data is essential to the success of our online service. We therefore attach great importance to data protection. The collection, processing (this includes the storage, amendment, transmission, blocking and deletion) and use of your data takes place exclusively in accordance with the data protection regulations in force.We should like to give a brief explanation below of the principles according to which we collect, process and use your data.


§ 1 Personal data
Personal data are inventory data, such as for example the name and address of an individual, and user data, such as domain name and IP address. Such data become available when you take part in a survey or a competition, or subscribe to a newsletter (see § 2 below).


§ 2 Collection, processing and use of personal data
As a general rule, no personal data are collected, processed and/or used solely as a result of your visiting the essence-cosmetics website.If your name, e-mail address or other personal data are collected, processed or used in relation to special services (e.g. in the context of your participation in a survey or competition or as a result of your subscription to a newsletter), then we shall explicitly draw your attention to this at the appropriate point and ask you to give an appropriate data protection declaration. Where personal data are collected, processed and used, cosnova will comply with the data protection regulations. In particular, the data will be treated as confidential. No personal data will be passed on to third parties unless you have given your express permission, or unless we are under a legal obligation to divulge these data, for example as a result of a judicial decree or official order. Cosnova will use your personal data for marketing purposes only provided you have not expressly forbidden this.Below you will find several examples illustrating situations in which we collect, process and use your personal data:


Competitions: if you decide to participate in competitions organised by ourselves, we shall ask you to give us (1) your name and (2) your date of birth, (3) your e-mail address, (4) your telephone number and/or (5) your postal address, so that we can notify you if you win and in order to ensure that each participant only enters the competition once. Attempts to manipulate competitions by multiple entries or multiple votes can result in exclusion from the competition or blocking of the IP access to the essence-cosmetics website.


Newsletter: if you are registered on the distribution list for our newsletter, we would ask you to give us your e-mail address, to which we will then send the newsletter you have requested on a regular basis. Please refer to our Terms and conditions of use for the newsletter for details regarding use of the newsletter, including the option to terminate the subscription and delete your personal data.Special services: should you make use of any of the other special services requiring registration, we shall collect, process and use the respective data which we need in order to make these services available to you.


§ 3 User data

When you visit our online service, we shall save for a period of four (4) working days the domain name or the IP address of the requesting computer, the client file request (filename and URL), the http response code, the Internet page from which you are visiting us, as well as the date and the duration of your visit. These data are stored in order to detect malfunctions or misuse of our online service and our telecommunications services/equipment, where the information is necessary to establish additional links and/or for accounting purposes. Your data will not be evaluated for the purpose of generating personal usage profiles. In the event of malfunctions or misuse, we reserve the right to notify the public prosecution authorities. Your user data will not be used for any purpose other than that specified, nor will they be passed on to third parties.


§ 4 Use of cookies

What are cookies?
A cookie is a small text file which is sent from a web server when a visit is made to an Internet page and which is temporarily saved on the hard disk of the respective user. If the server in question is visited again, the user’s browser sends the cookie previously received back to the server. This procedure allows the server to evaluate the information it has received in different ways.  For example, cookies make it possible to control advertising pop-ups and can make it easier to navigate Internet pages.How does cosnova use cookies?When a user first visits one of our online service pages, a cookie is sent to the user’s browser, and is then saved on the user’s hard disk. On subsequent visits, this cookie is used exclusively for the purpose of determining whether or not this user has already visited this page of our online service. The cookie does not contain any personal data, and serves only to generate statistics relating to the one or more visits made by a user to the page in question.If you activate the auto log-in facility, you are also sent a cookie from the appropriate page of our online service.  Your registration data are stored in this cookie in order to recognise you on subsequent visits, so that you do not have to log in again. You can de-activate the auto log-in facility at any time after it has been switched on.If you do not wish to benefit from the advantages of cookies, our online service can of course be used without cookies. Every web browser can in general be set to block cookies. In this case, however, we would point out that blocking function-related cookies can make it more difficult to use the essence-cosmetics website, in so far as certain functions are only available if the use of function-related cookies is permitted.


5 Data correction and revocation

Should you have any reason to suspect that the personal data we have stored on you is inaccurate or if you wish your data to be removed, you can contact our data protection officer at the following e-mail address: datenschutz@essence-cosmetics.de.


§ 6 No liability for the Internet pages of our partners

On our pages, we provide links to various partners with whom we collaborate and who also make Internet sites and Internet services available. These partners generally have their own data protection declarations. Cosnova assumes no liability for these declarations, with which we have no connection. We would ask you to obtain information from their sites regarding their respective data protection practices.


§ 7 Data protection
Cosnova believes it has a duty to ensure the security of your data. In order to prevent unauthorised access or unauthorised disclosure, to guarantee the accuracy of the data and to ensure proper use of the data, we have implemented appropriate technical and organisational procedures to secure and protect the data we request online. However, cosnova cannot be held responsible or liable for the disclosure of your data as a result of faults during data transmission and/or unauthorised access by third parties.


§ 8 Information/suggestions

We shall be pleased to provide information and receive suggestions on the subject of data protection at the e-mail address datenschutz@essence-cosmetics.de.


§ 9 Amendments to the data protection declaration

Cosnova reserves the right to amend this data protection declaration at any time, in accordance with the data protection regulations then in force.Otherwise, the above General terms and special terms and conditions of use shall apply.

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