1. Introduction

This website e-minerva.de is an electronic shop for displaying and marketing clothing products on line, set up by the company MINERVA SA viaE-Unterwäsche GmbH based in premises at the Simmernstrasse 1, 80804 München in Germany. Before using the site and the services it offers users/visitors are asked to read carefully and comply with the terms and conditions (hereinafter ‘the Terms’) set out below, which govern the use of our e-shop and the web pages it contains. These Terms are binding on all visitors and users. The user/visitor automatically accepts these Terms in choosing to register as a member of the shop. Use of our e-shop and its services entails unreserved acceptance of the Terms in question by users/visitors. In the event of a user/visitor disagreeing with the Terms, he/she is asked not to use the site. For any information, questions or clarification relating to the content of the site, the terms and conditions of use, the terms of sale and/or services offered via the site, please contact E-unterwäscheGmbH before browsing or using the site by sending an email at eshop@e-minerva.de or by writing to the company offices at the address above.

E-Unterwäsche GmbHmay at any time, and without notice, alter, revise or revoke the above Terms, on its own initiative and at its own discretion, and will, of course, update this text to incorporate any change or addition.E-Unterwäsche GmbH also retains the right to introduce special terms of use, regarded as forming one integral whole with the current general Terms of use. In the event of any conflict between the special and general terms, the former shall take precedence. Invalidity of any of the Terms shall not affect the validity of the remaining terms. Failure byE-Unterwäsche GmbH to exercise any of its rights under these Terms shall not be construed as a waiving of those rights, nor shall it entail tacit revocation of the terms involved.E-unterwäsche GmbH cannot be held responsible for breach of any of the Terms caused by reasons of force majeure, such as, for example, earthquakes, fire, flood, extreme weather phenomena, industrial action, etc.

Each user/visitor shall make use of the site entirely at his/her own responsibility; under no circumstances can the content of the site be regarded as constituting advice or exhortation – direct or indirect – to the user/visitor to proceed to action of any kind.

2. General

This site may only be used for legitimate purposes and in such a way as not to hinder its use by third parties. The user/visitor must use it in accordance with the law, accepted practice and these Terms and must not commit any act or omission which might cause damage to the site or cause it to malfunction, or affect or jeopardize the provision of service byE-Unterwäsche GmbH via the site.

The site and the services it offers are designed solely for adults. Minors may not use or visit the site, nor may they conduct transactions using the site. E-Unterwäsche GmbHaccepts no liability for possible visits to the site or its use by minors, given that it is not possible for the company to verify the identity of all users/visitors entering the site.

E-Unterwäsche GmbH makes every effort to maintain and ensure the availability of the site and its contents. However, this availability depends on various factors, such as the technical equipment of users, the number of users attempting to access the site at any one time, to access the internet, etc.E-Unterwäsche GmbH is also entitled to suspend operation of the site in order to carry out maintenance.

E-Unterwäsche GmbH may also – at any time and without notice – change the nature and content of the site, while suspending or interrupting, temporarily or permanently, its operation. The site may also be suspended, or have its operation hindered, contrary to the wishes of E-Unterwäsche GmbH, for reasons which are beyond the control of E-Unterwäsche GmbH.

E-Unterwäsche GmbH makes every effort to ensure the accuracy, fullness, validity and clarity of the information and content in general of the website. E-Unterwäsche GmbH cannot, however, guarantee, nor accept liability towards users/visitors, for the security and content of the site. Users/visitors accept that E-Unterwäsche GmbH cannot control the entire content and all the services provided through the site. E-Unterwäsche GmbH is also unable to guarantee that use by users/visitors of information, data or material included in the site’s content, do not affect rights of third parties.

3. Limited liability of E-Unterwäsche GmbH

Users/visitors who do not trust E-Unterwäsche GmbH are asked not to visit or use the site or the services offered via the site. Users/visitors are also asked to use software offering protection against viruses, Trojan horses, time bombs and other harmful links and data.

The e-shop e-minerva.de offers its content (e.g. information, names, photographs, depictions, etc.), and the products and services marketed through the site ‘as seen’, with no guarantee – explicit or implied – whatsoever. Nor can E-Unterwäsche GmbH guarantee that the content of the site and the quality of the services offered via the site will respond to the needs, requirements or expectations of its users/visitors. No immediate, delayed, associated, indirect or potential damage caused by access to the site, or use thereof, will generate any liability on the part of E-Unterwäsche GmbH, its management, employees or associates.

In no circumstances can E-Unterwäsche GmbH be held liable for any claims of a legal nature (civil and/or criminal) or for any damage actual, special or potential, consisting in, separately or in aggregate, loss of profits, data, foregone profits, financial satisfaction, etc. (these are offered by way of example, not as an exhaustive list), caused to users/visitors of the site, or third parties, by some cause related to the operation or otherwise or the use of the website and/or the inability to provide services and/or information marketed through the site and/or by any non-permitted interference by third parties in products and/or services and/or information provided via the site. E-Unterwäsche GmbH cannot be held liable for any loss or damage, contamination by virus and/or other malware, to the computer or other electronic device used by the visitor/user to gain access to the site; nor can it accept liability for any damage relating to inability to execute, error, omission, interruption, defect, delay in operation or transmission or system crash etc.

To facilitate use by visitors the site may offer connection, via links, hyperlinks or advertising banners to the websites or web pages of third parties.E-Unterwäsche GmbH can offer no guarantees nor can it accept liability for the content, personal data protection policies, security policies, fullness and quality of the services provided by such sites or their terms of use. Connection with these third party sites and pages is effected entirely at the responsibility of the user/visitor. The above third parties, providers of the sites and pages in question, bear full civil and criminal liability for the security, legality and validity of the content of their websites and pages; E-Unterwäsche GmbH has no liability for, for example, intellectual property rights or any other third-party right. Consequently users/visitors must make contact directly with the said third party providers in relation to any consequences arising from visits to or use of their sites and pages. Despite the fact that users/visitors of the E-Unterwäsche GmbH website accept that E-Unterwäsche GmbH cannot and is not obliged to check the security or content of the sites and services of third parties to which it provides access, nevertheless it may at any time remove, amend or suspend any service by a third party or any link with the sites or pages of a third party if, in its judgment, they represent a threat to or infringement of the law or of these Terms.

4. Conduct and obligations of users/visitors

Users/visitors are obliged to comply with all relevant German, European and international laws and regulations, including (by way of example, not an exhaustive list) laws covering the protection of intellectual property, the protection of personal data, protection of competition, etc. Also, users/visitors must use the E-Unterwäsche GmbH site and the services offered via that site in a manner consistent with normal practice and these Terms.

Users/visitors agree that they will not use this site in order to send by e-mail or transmit in any other way or publish content which is illegal, prejudicial, menacing, offensive, insulting, slanderous, defamatory, obscene, indecent, blasphemous or libellous, which infringes the privacy of third parties, which expresses hatred or racial, ethnic or other discrimination, which may cause harm to minors in any way, which is outlawed by legislation or forbidden by contractual or management relations (such as internal information, ownership information or confidential information acquired or disclosed in the course of working relations or covered by agreements on confidentiality), or which infringes intellectual or industrial property rights, or other property rights of third parties, which contains viruses or other codes, files or programmes designed to disrupt, to cause damage or to destroy operating equipment, software or other computer material.

Users/visitors of the site must also refrain from acts or omissions which may harm or disrupt the functioning of the site and the access to the site by third parties, or which may jeopardize the provision of services supplied by E-Unterwäsche GmbH via the site. Use of the site in any manner which is illegal or contrary to these Terms will generate a duty of compensation to E-Unterwäsche GmbH for any actual or potential loss it may sustain from such conduct. Also, users/visitors are obliged not to supply false information concerning their identity, not to impersonate any other individual, not to send unsolicited or junk e-mail, or multiple copies of messages, not to collect information on other users/visitors of the site without their consent, including financial information and e-mail addresses.

As far as possible use of the site must be in accordance with the terms laid out in the Code of Conduct for Internet Users (Netiquette / *Alex hyperlink*/). Practices contrary to this Code are explicitly forbidden.

In the event of non-compliance by any visitor/user of the site with the relevant law and/or these Terms E-Unterwäsche GmbH may take the necessary measures and proceed to any necessary action in response to such conduct. Thus E-Unterwäsche GmbH may, for example, deny access to services available via the site or delete, modify or transfer messages, always respecting, of course, the principle of proportionality.

Any costs or compensation E-Unterwäsche GmbH may be called on to pay as a result of infringement by a user/visitor of his obligations under these Terms will be charged to the said user/visitor, who shall be obliged to pay said costs or compensation to E-Unterwäsche GmbH immediately and without the latter being required to have recourse to the courts.

5. Intellectual property rights

This site and its contents, including images, graphics, drawings, photographs, texts, informational material, services and products provided, trademarks, brand names and logos, all forms of data and software represent – except where explicit reference is made to third party rights – the intellectual and industrial property of E-Unterwäsche GmbH and are protected under the relevant provisions of German and European law and international conventions. Also, anything transmitted, re-transmitted or dispatched via the site, where such transmission etc. is possible and legal, shall be the property of E-Unterwäsche GmbH.

Intellectual ownership is acquired without any need for further formalities and without need for agreement or for explicit prohibition of any challenge to said ownership.

It is explicitly forbidden to reproduce, amend, make analogue or digital recordings or mechanical reproductions of, to distribute, transfer, download, alter, re-sell, lease, store, print, generate derivative business from or mislead the public in respect of the real provider of the website and its contents.

The names, images, logos, trademarks and brands which represent E-Unterwäsche GmbH and appear on the site are the property of E-Unterwäsche GmbH or third parties and are protected by German, European and international laws on intellectual and industrial property. Their use is explicitly prohibited without written prior consent from E-Unterwäsche GmbH or their legal titleholder. Products, brands, trademarks and logos of third parties appearing on the site are the intellectual and industrial property of those parties, who bear exclusive liability for said products, brands etc.

In no circumstances may the appearance and display of the above on the site be interpreted in any way as a transfer or concession of explicit or tacit permission or right to their use.

Any information submitted by users/visitors to E-Unterwäsche GmbH via the site shall be regarded as information of a non-confidential nature and shall not be deemed an asset of the user/visitor in question.E-Unterwäsche GmbH may also collect limited and necessary information for the purposes of its general commercial activities.

6. Personal data

E-Unterwäsche’ s GmbH management and protection of personal data of users/visitors to the site are governed by the relevant German and European legislation and by these Terms.

In visiting and using the site, and availing themselves of the services offered byE-Unterwäsche GmbH via the site, users may be asked to supply personal details (e.g. name, occupation, telephone, e-mail address, date of birth, etc.). The details provided by users/visitors anywhere on the site or in relation to the services available on the site are intended solely to ensure the functioning of the relevant service and may not be used by third parties except in compliance with the applicable laws. Personal details of users/visitors sought byE-Unterwäsche GmbH are confined to those details necessary for the running of the e-shop and provision of its services, to ensure optimal customer service, always in accordance with the provisions of GDPR regulations on protection of personal data

E-Unterwäsche GmbH may collect, store and process personal details of users/visitors to the site only if the said details are supplied voluntarily and for the following purposes:

According to the provision of services chosen by the users/visitors through the website (e.g. purchase of products, information on new products, participating in competitions, etc.)

For better service for users/visitors

For collection of information from users/visitors (feedback) on the products and services offered by E-Unterwäsche GmbH and in order to improve them, on the basis of the information gathered

To inform users/visitors about new E-Unterwäsche GmbH products, with their consent

To inform users/visitors about E-Unterwäsche GmbH offers and competitions that may be held, with their consent

For marketing and promotion of E-Unterwäsche GmbH products at a distance, with consent of users/visitors

For market research and communication with users/visitors, with their consent

To raise the E-Unterwäsche GmbH profile

Personal data supplied voluntarily by users/visitors to the site may be collected byE-Unterwäsche GmbH in a file, stored and subjected to processing byE-Unterwäsche GmbH for the relevant purposes.

The holder and party responsible for processing of the personal data collected as described above and holder of the archive created for the above purposes will be the soci?t?anonyme known as E-Unterwäsche GmbH- Simmernstrasse 1, 80804 München, and the archive will be kept at the same address. For any matter regarding the processing of personal data, please contact to eshop@e-minerva.de

The only recipient of the personal data supplied by users/visitors to the site is E-Unterwäsche GmbH, which may forward the data to affiliated companies in order to facilitate operational and computer service of its transactional relations with the said users/visitors, and for statistical and historical reasons. Provided that the user/visitor has filled in the relevant box and has consented to receive informational and advertising-marketing material, E-Unterwäsche GmbH may, after informing the user/visitor, forward his personal details to third parties for the advertising/promotion of the products they are offering, and also to businesses carrying out market research or other related activities.

Users/visitors who have supplied their personal data toE-Unterwäsche GmbH have the following rights:

Right of access to any information concerning them held by E-Unterwäsche GmbHRight to be informed of a) all data of a personal nature concerning them, and the provenance of that data, b) the purposes of the processing, c) the recipients or categories of recipient, d) the progress made in processing since the previous update or notification they received, e) the logic of the automated processing, e) as appropriate, the correction, deletion or locking of data whose processing is not compatible with the provisions of GDPR

Right to object to processing of data concerning them

Right to provisional judicial protection

The consent of participants to the collection and processing of their personal data may be withdrawn at any time, but without retroactive effect

E-Unterwäsche GmbHperforms all the obligations required of it in law. The subject of the personal data may at any time request thatE-Unterwäsche GmbH cease dispatch of the above informational and advertising-marketing material. In order to exercise his right of objection under GDPR the person concerned must seek the specific action in writing from the Processing Manager, e.g. the correction of his personal data, the provisional non-use of that data, the locking of the data, its non-transfer or deletion.

If the user/visitor communicates his personal or sensitive data of his own accord, via the site, directly to third parties, then it is his own responsibility to investigate the terms of data protection observed by the said third parties. The user/visitor accepts thatE-Unterwäsche GmbH has absolutely no liability in respect of such notifications and the consequent possible use of the data in question by other persons. LikewiseE-Unterwäsche GmbH bears absolutely no liability for any notification by users/visitors to the site of personal and/or sensitive data of third parties, through the site, without the prior consent of the person the data concern.

Each user/visitor vouches for the accuracy and authenticity of the personal data he submits to E-Unterwäsche GmbH, and for his right to submit the said data.

E-Unterwäsche GmbHdoes not approve the collection of data concerning minors and its policy is not to gather or process data of this sort. Based on the European Regulation ( GDPR ), effective on 25/5/2018, the company made the necessary changes to the privacy policy. More about GDPR can be found here https://www.e-minerva.de

7. Security

E-Unterwäsche GmbHacknowledges the importance of the security of the personal data of users/visitors to the site and makes all reasonable efforts, using the most contemporary and sophisticated methods, to ensure that security is not compromised. However, users/visitors must be aware that the sending of confidential information via e-mail is not the safest method of communication, as there is always the risk that this information will be seen by third parties.

8. Cookies

Like most websites the e-minerva.de site uses cookies to give the company access to certain information whenever a user/visitor is browsing its e-shop. Without these cookies it would be impossible for E-Unterwäsche GmbHto provide important services such as order status, shopping baskets, etc.

Cookies are alphanumeric files transferred to the computer hard disc of a user of the site and serving to keep statistical data necessary for the provision of services such as those mentioned above, for the purpose of identifying popular websites or for marketing reasons and access of the user/visitor to the website or page he wishes to visit.

Cookies present no risk to the computer of the website user/visitor. If someone does not wish information to be gathered via cookies, he can set his browser to delete any cookies already existing on his hard disc and either automatically reject any new cookies or be asked on each occasion a cookie is to be installed on his hard disc whether he wishes to accept it or not. But users/visitors must be aware that choosing to reject cookies will make it harder or even impossible to use parts of the website and its services.

9. Advertising and information messages

The user/visitor to the site may, if he/she wishes, request information on new products diplayed by E-Unterwäsche GmbH and sold on the site and on any other offers, by the dispatch of advertising-information messages via telephone, e-mail or post. User/visitor, if he/she wishes, may also ask that the dispatch of such messages to be suspended.E-Unterwäsche GmbH also offers users/visitors of the site a newsletter, which could be sent directly to their e-mail address, in case they state that they wish to receive it.

10. Applicable law

The above Terms are subject to German law and to be interpreted in accordance with that law. If any provision is declared unsound or invalid by the competent German, it will be rendered null and void but without affecting the validity of the other Terms. Any dispute arising from the use of the site or concerning the Terms set out above shall be resolved by the competent courts of the city of München