Welcome to www.schwancosmetics.com, which is the property of Schwan-STABILO Cosmetics GmbH & Co. KG, Schwanweg 1, 90562 Heroldsberg, Germany (hereinafter "Schwan-STABILO Cosmetics"). Schwan-STABILO Cosmetics thanks you for visiting the website and for your interest in its products.

I. Area of application

1. Schwan-STABILO Cosmetics supports the website www.schwancosmetics.com and other Schwan-STABILO websites associated with it (together "the website") as well as the information and material on this site (hereinafter "content").

2. The following terms of use ("terms of use") regulate your use of the website, either as a visitor or a registered person or company. Schwan-STABILO Cosmetics asks you to read the terms of use carefully before using the website. Should you not agree to these terms of use, you are not authorised to use the website.

3. All product offerings and services are provided on the basis of these general terms and conditions. Conflicting or contradictory terms and conditions shall not be recognised unless they are expressly agreed to in writing.

II. Scope of use

1. You may visit the website without registering. However, in so doing you declare yourself to be in agreement with the fact that you shall have no access to certain areas ("extended content") without prior registration. Schwan-STABILO Cosmetics hereby allows you to use the website in the following way: you are entitled to access the website for your own personal use and to print out its content as a record of your visit. Any other further use of the website and its content, particularly modification, duplication, transmission, reuse, transferring, saving, publication and creation of works derivative thereof, inclusion of its content on other websites or reproduction of the website or its content (whether through linking, inclusion or other means) is not permitted without prior express written permission from Schwan-STABILO Cosmetics. Exempt from this rule are registered press representatives from relevant trade journals, who may use the content for press publications using copyright notice (© 2006 Schwan-STABILO Cosmetics GmbH & Co. KG).

2. Access to this website neither includes nor authorises the use of any of the registered Schwan-STABILO Cosmetics trademarks, and no licence or right of use regarding copyright, patents or trademarks shall be conferred whatsoever in connection with this website.

III. Data protection

1. Schwan-STABILO Cosmetics is bound by data protection regulations. Personal data is not required to gain access to any part of our public website.

2. Schwan-STABILO Cosmetics requires two different types of data from you:
data that is automatically collected on the website and data that you give to Schwan-STABILO Cosmetics during registration. The registration form requires some basic data including contact information (name, e-mail address, country) in order to process your registration or enquiry amongst other things. Should you, however, decide to withhold such data, Schwan-STABILO Cosmetics
- will not be able to grant you access to certain areas of the website ("extended content"),
- will not be able to register your interest in Schwan-STABILO Cosmetics products, services or Schwan-STABILO Cosmetics marketing activities,
- will not be able to send you information you require and
- will not be able to contact you.

You may request at any time to receive no further information on Schwan Cosmetics products, services or Schwan-STABILO Cosmetics by replying to the respective e-mail and detailing your request. All e-mail offers you receive from Schwan Cosmetics inform you how to stop receipt of further e-mails.

It is the policy of Schwan-STABILO Cosmetics not to pass on any personal data on users of our website unless special permission to do so has been given. Schwan Cosmetics does not sell any user names or e-mail addresses to other companies which send you unsolicited advertisements or post.

3. When you visit the website, Schwan-STABILO Cosmetics shall record your IP address (i.e. your computer's internet address, not your e-mail address) and other general usage data in order to judge which areas of our website you visit and how long you stay there. This data is combined with usage data on all visitors to our website in order to measure the number of visitors, the average length of visit, pages visited etc.

Schwan-STABILO Cosmetics uses this consolidated data to evaluate products and services, including new ones that Schwan-STABILO Cosmetics makes accessible via its website, and also to measure website usage and improve its overall content. The usage data of this website is never linked with personal data which would reveal information about you.

As with many other commercial websites, where necessary Schwan-STABILO Cosmetics uses the general technology known as "cookies" to collect data regarding your usage of the website and to ensure that your visit goes smoothly. These cookies neither reveal nor contain any personal data. Cookies cannot read any information from your computer or work together with other cookies on your hard drive. However, cookies make it possible for Schwan-STABILO Cosmetics to recognise you the next time you visit. If you do not wish your browser to accept cookies, you can turn off this option in your browser settings. Turning off the cookie function prevents this website from functioning properly and may mean that you are no longer able to access all options and information on the website.

4. This website is located on a Schwan-STABILO Cosmetics computer in Germany. Schwan-STABILO Cosmetics only makes your data accessible to those employees that need to see it. As Schwan Cosmetics is a global business, your data may occasionally be passed on to other associated companies within the meaning of §§ 15 ff of the German Companies Act belonging to the Schwan-STABILO Cosmetics Group, specifically to the Schwan-STABILO Cosmetics company located in your country or responsible for your area, in order to process your query. Your data shall then be processed on the computer of these Schwan-STABILO Cosmetics companies and/or agencies in agreement with these data protection guidelines and the relevant data protection law.

IV. Extended content on the website

1. On various pages Schwan-STABILO Cosmetics offers registered users the possibility to download various contents.

2. Schwan-STABILO Cosmetics strives to offer users a secure environment for transferring electronic data. However, although Schwan-STABILO Cosmetics provides a certain level of encryption, Schwan-STABILO Cosmetics cannot guarantee the absolute security of this data. The user therefore runs a security risk regarding their data and information when electronically transferring these to this website. Schwan-STABILO Cosmetics is not liable for the security of information transferred to or from the website. The user hereby agrees to this and expressly accepts this security risk to information and data transferred through the use of this website.

3. Schwan-STABILO Cosmetics cannot guarantee that the content and/or the extended content will be available at all times without interruption, in due time, secure and without errors. Furthermore Schwan-STABILO Cosmetics reserves the right to completely or partially discontinue the services provided on www.schwancosmetics.com without prior warning.

V. Access to extended content o the website

1. In order to access the extended content on the website the user must first register on www.schwancosmetics.com. To register, click on the "Register" banner. This takes you to the registration page. Please fill out at least all fields marked with an asterisk (*): All your personal data is protected in accordance with our data protection statement as detailed above. Before completing registration you must confirm that you have read these terms of use and agree to them. After the registration process is complete you will receive a user account.

2. Users are only entitled to register if they are fully capable to contract or are trading with the approval of their legal authorised representative.

3. The user is obliged to provide truthful, exact, up-to-date and complete information in all fields in the registration form.

4. Schwan-STABILO Cosmetics has the right to decline your registration at their own discretion.

5. Should any changes occur regarding the data provided following registration, the user is obliged to update their data in their membership account. To do so, first sign in with your e-mail address and password. Then select the Profile link (bottom right) to change your personal data and contact information. Once you have changed the data, click on "save".

6. The membership account is non-transferable and non-inheritable.

VI. General user obligations

1. The user must ensure that their membership account is not used by anyone else, and is particularly obliged to keep their chosen password secret.

2. The user acknowledges that as the owner of their membership account they are entirely responsible for all activities which take place via their membership account. Should the user, contrary to these general terms and conditions, allow another person to use their account, they acknowledge that they shall be entirely responsible for the actions of this user and must make up any damage incurred by Schwan-STABILO Cosmetics from such use.

3. The user is obliged to inform Schwan-STABILO Cosmetics without delay of any misuse of their password or membership account and of any other breach of security regulations. They shall be liable to Schwan-STABILO Cosmetics for any misuse of their membership account they cause.

4. Schwan-STABILO Cosmetics does not provide the necessary technical facilities (e.g. internet connection, mobile connection) for the use of the internet site www.schwancosmetics.com and does not bear the costs for procurement of the appropriate hardware and software.

5. The user undertakes to refrain from acting in a way which influences or could influence the functioning of the website (e.g. via software or other scripts). This applies in particular to the use of "robot", "spider" or "offline-reader" software, which automatically create user enquiries over the internet. Likewise, the user must refrain from modifying, overwriting, copying or distributing areas of the website that Schwan-STABILO Cosmetics has not expressly made available to them for that purpose. This includes other users' areas.

6. The user may not use the product offerings of Schwan-STABILO Cosmetics or parts of this for commercial purposes of any kind, e.g. imitating, selling, renting, using or providing them for their own or other's advertising purposes. In particular, the hiring of content or access to offers from Schwan-STABILO Cosmetics may not be offered by the user as a service to third parties.

VII. Usual practice

1. When using the services provided by Schwan-STABILO Cosmetics on the website, the user may not pose as someone else. In particular, it is forbidden for the user to pose as a representative of Schwan Cosmetics or another party responsible for the product offering in another way. The same applies to any claim of an existing relationship with such a person if this is not in fact the case.

2. The user must not forge any headings or manipulate an identification mark in any other way in order to conceal the origins of content transferred as part of the product offering.

3. The user must not save, publish and/or transmit any unsolicited advertisements, promotional material, junk or mass e-mails ("spam"), chain letters, snowball systems or other forms of advertising.

4. The user must not breach any national or international statutory provisions including stock exchange regulations (e.g. the New York Stock Exchange, the American Stock Exchange, the NASDAQ or the Frankfurt Stock Exchange) in connection with the use of Schwan Cosmetics services.

5. The user must not harass, insult, threaten, slander, distress, embarrass or in any way discomfort anyone, be they an individual or legal entity, nor must they state or spread untrue information regarding an individual or legal entity.

6. The user must not collect, save or transfer any personal data about another user without the agreement of the party concerned.

VIII. Termination and suspension of membership accounts

1. The user has the right to delete their membership account on www.schwancosmetics.com, and with it their personal data, without citing any reason. To do this, the user simply has to send an e-mail to the following e-mail address: contact@schwancosmetics.com.

2. Schwan-STABILO Cosmetics is entitled to suspend and/or delete a user's password or membership account (or parts and/or certain content therein) at their own discretion without citing any reasons. This applies particularly if the user has not accessed the extended content on the website for a period of 6 months or if Schwan-STABILO Cosmetics suspects that the user has breached these general terms and conditions.

3. Should a membership account be deleted or suspended by Schwan-STABILO Cosmetics, the user concerned can only have renewed access to the extended content on the website after express written agreement has been received from Schwan-STABILO Cosmetics. A user is not permitted to grant another user access to this content via their own membership account if the membership account of the latter has been deleted or suspended.

4. Schwan-STABILO Cosmetics is entitled at any tine to discontinue the services or parts thereof offered on www.schwancosmetics.com without prior warning. In this case the usage entitlement of the users shall end commensurate with the extent of the discontinuation.

IX. Limitation of liability

1. Schwan-STABILO Cosmetics is liable to the user only in cases of wrongful intent and gross negligence.

2. In the event of a breach of significant contractual obligations, Schwan-STABILO Cosmetics shall be liable for any culpable action on the part of its employees and vicarious agents.

3. Schwan-STABILO Cosmetics accepts no responsibility, liability or guarantee whatsoever for the content and information on the website. In particular, Schwan-STABILO Cosmetics is not liable for this content and information being up-to-date, free from errors, complete, available, exact, of good quality, free from third party infringement of rights or from viruses, or for loss of data, etc.

4. Schwan-STABILO Cosmetics is not liable for any damage to the user resulting from the actions of other users or other third parties who use the website.

5. Apart from wrongful intent and/or gross negligence on the part of legal representatives, employees and other vicarious agents, the liability of Schwan-STABILO Cosmetics is limited to the amount of damage typically foreseeable when the contract is concluded.

6. Insofar as the liability of Schwan-STABILO Cosmetics is excluded, this also applies to companies associated with Schwan-STABILO Cosmetics and to the personal liability of the employees, representatives, shareholders and vicarious agents of Schwan-STABILO Cosmetics and/or companies associated with Schwan-STABILO Cosmetics.

X. Copyright

1. Unless stated otherwise, all copyright and other protective rights to the entire content of the databank, including text, images, graphics, sound, video and animation files and design belong to Schwan-STABILO Cosmetics or to the provider stated on the website.

2. Unless stated otherwise, all trademarks on Schwan Cosmetics websites are protected by trademark law. Schwan, STABILO, the Schwan-STABILO Cosmetics emblem (logo), any other trademark displayed on the website and all design elements are the intellectual property of Schwan-STABILO.

No Schwan-STABILO Cosmetics trademark may be used as a hyperlink without prior written permission. Any unauthorised use of trademarks is forbidden. Access to this website neither includes nor authorises the use of any of the registered Schwan-STABILO Cosmetics trademarks, and no licence or right of use whatsoever regarding copyright, patents or trademarks shall be conferred in relation to this website.

XI. Links to third-party websites
This website may contain links to other websites. Schwan-STABILO Cosmetics is not liable for any material created or published on third-party websites which are connected to or with this website, or for third-party products related to these websites. Schwan-STABILO Cosmetics has no influence thereon and accepts no responsibility for material created or published on third-party websites which are connected to or with this website. Such a link in no way means that Schwan-STABILO Cosmetics endorses these websites or the products or services offered on them.

XII. Amendments to the terms of use

1. Schwan-STABILO Cosmetics reserves the right to amend or adapt these terms of use with implications for the future at their discretion at any time.

2. In the event of an amendment to the general terms and conditions, Schwan-STABILO Cosmetics will announce this to the users. Each user will be asked to note that any amendments will be considered accepted if the user has not disputed them within four weeks, or when they use the service again.

XIII. Concluding provisions

1. The law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods, shall apply to all legal relations between Schwan-STABILO Cosmetics and the user.

2. The place of fulfilment shall be Heroldsberg, Germany.

3. As far as it is permissible, it is agreed that the legal venue shall be Heroldsberg.

4. Verbal collateral agreements do not exist. Amendments to the contractual conditions must be in written form. This shall also apply to the reversal or amendment of this written clause.

5. Should one of the aforementioned provisions prove ineffective, this shall not affect the effectiveness of the other provisions. The ineffective provision shall be replaced with one that corresponds to the original regulation and its purpose in the closest possible way.