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Europe Beauty & Personal Care 					
B2C E-Commerce Report 2012


November 2012

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                RESEARCH ON INTERNATIONAL MARKETS
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                                                                                       November 2012




Publication Date	
	 November 2012
Language	
	 English
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Number of Pages/Charts 	 	
	 57
Covered Countries
	 Germany, UK, France, Belgium, Italy, Netherlands, Spain, Russia, Czech Republic, Turkey, Ukraine
				

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Europe Beauty & Personal Care B2C E-Commerce Report 2012

Key Findings
 Covering 11 European Countries
 •	   While personal advice and the ability to test products are important to beauty consumers, beauty 	
      B2C E-Commerce is increasing in Germany.
 •	   In the UK, almost two thirds of all individuals aged 18 to 35 planned to spend more on beauty 		
      products online in 2012 than the previous year.
 •	   From 2009 to 2011, more than 20% of Internet users in France purchased “Health and                   		
      Beauty Products” online.
 •	   Online sales of “Cosmetics and Perfumes” in Russia grew to more than RUB 2 billion in 2011.
 •	   “Cosmetics” was a leading online product category in Ukrainian B2C E-Commerce, being bought by
      approximately one-fifth of online shoppers in 2011.




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Europe Beauty & Personal Care B2C E-Commerce Report 2012

Table of Contents
 1.	MANAGEMENT SUMMARY                                         3. WESTERN EUROPE (cont.)

                                                               3.1. UK (Top Country) (cont.)
 2. CENTRAL EUROPE
                                                               •	   Online Shopping Product Categories, including 	
 2.1. GERMANY (Top Country)                                         Health and Beauty, by Year-on-Year Growth, in %,
                                                                    August 2011 vs. August 2012
 •	   B2C E-Commerce Sales of Drugstore Products, 	            •	   Online Shopping Product Categories, including 	
      Cosmetics, and Perfumery, in EUR million and 	                Health and Beauty, by Year-on-Year Growth, in %,
      in % of the total B2C E-Commerce Market, 		                   July 2011 vs. July 2012
      2010 & 2011
                                                               •	   Online Shopping Product Categories, including 	
 •	   B2C E-Commerce Sales of Drugs, in EUR million and             Health and Beauty, by Year-on-Year Growth, in %,
      in % of the total B2C E-Commerce Market, 	                    June 2011 vs. June 2012
      2010 & 2011
                                                               •	   Online Shopping Product Categories, including 	
 •	   Interactive Trade Sales, by Product Category, 	               Health and Beauty, by Year-on-Year Growth, in %,
      including Personal Hygiene/Cosmetics/Perfume, 		              May 2011 vs. May 2012
      in EUR million, Q2 2012
                                                               •	   Online Sales of Health and Beauty Products, 		
 •	   Online Beauty Product Purchases, 				                         by Year-on-Year Growth, in %, January-August 2012
      by Product Category, in % of Consumers, H2 2011
                                                               •	   Types of Goods and Services bought online, 		
 •	   Share of Internet Users who have ever purchased               in % of Individuals, 2011
      Drugstore Articles online, total and by Gender, 		
                                                               •	   Types of Goods and Services bought online, 		
      in %, Q1 2012
                                                                    by Age Groups and Gender, in % of Individuals, 	
 •	   Share of Internet Users who have ever purchased               2011
      Drugstore Articles online, total and by Age, in %, 		
                                                               •	   Products, including Cosmetics/Beauty Products and
      Q1 2012
                                                                    Baby Care Products, purchased via Mobile Phone, 		
 •	   Share of Internet Users who think that purchasing             in % of Users, Q2 2011
      Drugstore Articles online in the Future is attractive,
                                                               •	   Health/Beauty B2C E-Commerce Player Trends, 2012
      total and by Gender, in %, Q1 2012
 •	   Share of Internet Users who think that purchasing
                                                               3.2. FRANCE (Top Country)
      Drugstore Articles online in the Future is attractive,
      total and by Age, in %, Q1 2012
                                                               •	   Trends about B2C E-commerce Subscriptions for 	
 •	   Christmas Presents Consumers plan to buy Online,
                                                                    Cosmetics, 2011/2012
      by Product Category, incl. Cosmetics and Perfumes,
      in %, Christmas 2011                                     •	   Types of Goods and Services bought online in 	
                                                                    France, including Health/Beauty, 				
                                                                    in % of Internet Users, 2009-2011
                                                               •	   Health/Beauty B2C E-Commerce Player Trends, 2012
 3. WESTERN EUROPE

 3.1. UK (Top Country)                                         3.3. BELGIUM

 •	   Trends about Women in the Age Group 18-35 	              •	   Types of Goods and Services bought online, 	
      shopping online for Health and Beauty Products,               including Health and Beauty Products, 			
      2012                                                          in % of Online Shoppers, 2011
 •	   Top Online Product Categories, including Cosmetics,      •	   Leading Online Product Categories, 		
      Beauty, by average per Capita Spend in GBP, 	                 including Personal Care Products, by further 	
      August 2010                                                   Intention to buy in the following 12 Months, 		
                                                                    in % of Online Shoppers, April 2012




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Table of Contents

 3. WESTERN EUROPE (cont.)                                  4. EASTERN EUROPE

 3.3. BELGIUM (cont.)                                       4.1. RUSSIA (Top Country)

 •	   Online Spending, by last purchased Product 	          •	   Trends in Online Sales of Beauty Products, 2011
      Category, including Health & Beauty, in EUR, 	        •	   Online Sales, by Product Category,
      April 2012                                                 including Cosmetics and Perfumes, in RUB billion,
                                                                 2010 & 2011
                                                            •	   Products bought Online, by Category,
 3.4. ITALY
                                                                 including Cosmetics and Perfumes, in % of Online
                                                                 Shoppers, 2009 & 2011
 •	   Beauty Products Sales Channel Trends, including
                                                            •	   Leading online Product Categories of female Online
      online, 2011 and Growth in Beauty Sales Channels,
                                                                 Shoppers, by Product Category, including Cosmetics
      in %, 2011
                                                                 and Perfumes, in %, 2011
 •	   B2C E-Commerce Sales of Health and Beauty, 	
                                                            •	   Products bought Online, by Category, including
      in EUR billion and in % of the total B2C E-Commerce
                                                                 Cosmetics and Perfumes, in % of Online Shoppers,
      Market, 2010 & 2011
                                                                 August 2011
 •	   Online Sales Growth by Product Category, 	
                                                            •	   Online Shoppers who bought Cosmetics and 		
      including Health & Beauty, in %, 2012f vs. 2011
                                                                 Perfumes, by Gender, in %, August 2011
 •	   Average Online Spending per Product Category, 	
                                                            •	   Place of Residence of Online Shoppers who bought
      including Health & Beauty, in EUR, 2010
                                                                 Cosmetics and Perfumes, by Size of City, 			
 •	   Types of Goods and Services bought online in Italy,        in % of Online Shoppers, August 2011
      including Health and Beauty, in % of Sales, 2011

                                                            4.2. CZECH REPUBLIC
 3.5. NETHERLANDS
                                                            •	   Types of Goods ordered online, including Cosmetics,
                                                                 in % of Online Shoppers aged 16+, 			
 •	   Share of Purchases made online,
                                                                 12 Months to Q2 2011
      by Product Category, including Health & Beauty
      (Cosmetics), in % of Individuals, 2011
                                                            4.3. TURKEY

 3.6. SPAIN                                                 •	   Market Trends about Beauty B2C E-Commerce, 	
                                                                 2011 & 2012
 •	   Beauty B2C E-Commerce Trends, 2011 and Factors
      influencing online Beauty Purchases, in %, 2011
                                                            4.4. UKRAINE
 •	   Goods and Services purchased on the Internet, 		
      including Groceries/Drugs/Perfumeries, 			            •	   Product Categories, including Cosmetics, sold by
      in % of Online Shoppers, 2010                              Distance Selling Companies, including Online, in %,
 •	   Leading Health/Beauty B2C E-Commerce Players,              2011
      2012                                                  •	   Leading online Product Categories, including 	
                                                                 Cosmetics, in % of Online Shoppers, 		
                                                                 September 2009 & April 2011




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Europe Beauty & Personal Care B2C E-Commerce Report 2012

                                                                                                                 Samples

                                                                                      RESEARCH ON INTERNATIONAL MARKETS
                                                                                               We deliver the facts – you make the decisions




         In the UK, B2C E-Commerce of “Health and Beauty” products increased
         by +25% between August 2011 and August 2012.
         UK: Online Shopping Product Categories, incl. Health and Beauty, by Year-on-Year Growth, in %,
         August 2011 vs. August 2012


                                                   Gifts                                                                                                                              41%

                                  Accessoires                                                                                                                                    39%

                   Health and Beauty                                                                                                            25%

                                     Electricals                                                                        11%

                                        Footwear                                                                        11%

                                            Travel                                                                9%

         Beers, Wines & Spirits                                                                      2%

                                        Lingerie                                   -3%

                                             Other                                                                      12%

                                                            -10%                               0%                 10%                20%              30%                       40%                50%


         Source: IMRG, September 2012




                                                                                                                                                                                                         22




                                                                                          RESEARCH ON INTERNATIONAL MARKETS
                                                                                                We deliver the facts – you make the decisions




         “Online Sales” was the fastest-growing beauty product sales channel
         in Italy in 2011, reaching a growth of up to +20%.
         Italy: Beauty Products Sales Channel Trends, including online, 2011 and Growth in Beauty Sales Channels,
         in %, 2011
          Beauty products were distributed via several different sales channels in Italy in 2011,
           including door-to-door sales, mail-order sales, and online sales, besides regular retail
           outlets.                                                                                                                                         Growth in Beauty Sales Channels, in %, 2011
          In 2011, door-to-door sales increased by +3.6% compared to 2010, reaching EUR
           430 million in value. Based on this development, door-to-door sales represented more
           than 4.4% of the total cosmetics consumption in Italy. The rising popularity of this sales
           channel for beauty products in Italy can be attributed to a specialization in customer                                                           Online Sales                                      20,0%
           services, among others.
          Mail-order sales of beauty products reached a value of EUR 63 million in 2011, after
           growing by +3.8% compared to the previous year.
          In total, online sales of beauty products only played a marginal role in Italy in 2011.
           However, this sales channel is growing strongly, reaching growth rates of up to +20%.                                                       Mail-Order Sales               3,8%
           These high growth rates are based on a small volume and therefore do not represent
           high total volume figures. Besides selling beauty products online, the Internet has also
           increasingly been used for communication and information purposes.
          Bottegaverde.it is a leading online shop for health and beauty products in Italy. The
           company offers various health and beauty products on its website. Founded in 1972,
                                                                                                                                                            Door-to-Door
           the company operates many stores in Italy and launched its online shop in 2000. In                                                                  Sales
                                                                                                                                                                                      3,6%
           2010, Bottega Verde already had 6 million customers.
          Kiko Cosmetics is also leading in Italy. Kiko is a cosmetics brand, that was originally
           established in Italy in 1997. Besides the Italian online shop, the company also
                                                                                                                                                                           0%     5%         10%   15%   20%          25%
           operates in Spain, France, Germany, Portugal and UK.

         Source: Unipro, 2012; Bottegaverde.it, November 2012; Kiko Cosmetics, November 2012




                                                                                                                                                                                                               36




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Brochure & Order Form_Europe Beauty & Personal Care B2C E-Commerce Report 2012_by yStats.com

  • 1. Europe Beauty & Personal Care B2C E-Commerce Report 2012 November 2012 Provided by RESEARCH ON INTERNATIONAL MARKETS We deliver the facts – you make the decisions November 2012 Publication Date November 2012 Language English Format PDF & PowerPoint Number of Pages/Charts 57 Covered Countries Germany, UK, France, Belgium, Italy, Netherlands, Spain, Russia, Czech Republic, Turkey, Ukraine Price Single User License: € 950 (excl. VAT) Site License: € 1,900 (excl. VAT) Global Site License: € 2,850 (excl. VAT) -1- LinkedIn XING Twitter Facebook Phone: +49 (0) 40 - 39 90 68 50 info@ystats.com Fax: +49 (0) 40 - 39 90 68 51 www.ystats.com
  • 2. Europe Beauty & Personal Care B2C E-Commerce Report 2012 Key Findings Covering 11 European Countries • While personal advice and the ability to test products are important to beauty consumers, beauty B2C E-Commerce is increasing in Germany. • In the UK, almost two thirds of all individuals aged 18 to 35 planned to spend more on beauty products online in 2012 than the previous year. • From 2009 to 2011, more than 20% of Internet users in France purchased “Health and Beauty Products” online. • Online sales of “Cosmetics and Perfumes” in Russia grew to more than RUB 2 billion in 2011. • “Cosmetics” was a leading online product category in Ukrainian B2C E-Commerce, being bought by approximately one-fifth of online shoppers in 2011. Company and Product Information About our Reports Market reports by yStats.com inform top managers about recent market trends and assist with strategic company decisions A list of advantages • yStats.com provides secondary market research: By using various sources of information we ensure maximum objectivity for all obtained data. As a result companies get a precise and unbiased impression of the market situation. • The analyses, statistical reports and forecasts are only based on reliable sources including national and international statistical offices, industry and trade associations, business reports, business and company databases, journals, company registries and news portals. • Our international employees research and filter all sources and translate relevant information into English. This ensures that the content of the original studies is correctly interpreted. • yStats.com delivers all research results as PowerPoint files. All data can therefore be used directly for board presentations or be individually adapted. • If required, yStats.com provides in-depth analysis for all research projects. Simply send us a request. About yStats.com • yStats.com has been committed to research up-to-date, objective and demand-based data on markets and competitors from various industries since 2005. • Headquartered in Hamburg, Germany, the firm has a strong international focus and is specialized in secondary market research. • In addition to reports on markets and competitors, yStats.com also carries out client-specific research. • Clients include leading global enterprises from various industries including B2C E-Commerce, electronic payment systems, mail order and direct marketing, logistics as well as banking and consulting. -2- LinkedIn XING Twitter Facebook Phone: +49 (0) 40 - 39 90 68 50 info@ystats.com Fax: +49 (0) 40 - 39 90 68 51 www.ystats.com
  • 3. Europe Beauty & Personal Care B2C E-Commerce Report 2012 Table of Contents 1. MANAGEMENT SUMMARY 3. WESTERN EUROPE (cont.) 3.1. UK (Top Country) (cont.) 2. CENTRAL EUROPE • Online Shopping Product Categories, including 2.1. GERMANY (Top Country) Health and Beauty, by Year-on-Year Growth, in %, August 2011 vs. August 2012 • B2C E-Commerce Sales of Drugstore Products, • Online Shopping Product Categories, including Cosmetics, and Perfumery, in EUR million and Health and Beauty, by Year-on-Year Growth, in %, in % of the total B2C E-Commerce Market, July 2011 vs. July 2012 2010 & 2011 • Online Shopping Product Categories, including • B2C E-Commerce Sales of Drugs, in EUR million and Health and Beauty, by Year-on-Year Growth, in %, in % of the total B2C E-Commerce Market, June 2011 vs. June 2012 2010 & 2011 • Online Shopping Product Categories, including • Interactive Trade Sales, by Product Category, Health and Beauty, by Year-on-Year Growth, in %, including Personal Hygiene/Cosmetics/Perfume, May 2011 vs. May 2012 in EUR million, Q2 2012 • Online Sales of Health and Beauty Products, • Online Beauty Product Purchases, by Year-on-Year Growth, in %, January-August 2012 by Product Category, in % of Consumers, H2 2011 • Types of Goods and Services bought online, • Share of Internet Users who have ever purchased in % of Individuals, 2011 Drugstore Articles online, total and by Gender, • Types of Goods and Services bought online, in %, Q1 2012 by Age Groups and Gender, in % of Individuals, • Share of Internet Users who have ever purchased 2011 Drugstore Articles online, total and by Age, in %, • Products, including Cosmetics/Beauty Products and Q1 2012 Baby Care Products, purchased via Mobile Phone, • Share of Internet Users who think that purchasing in % of Users, Q2 2011 Drugstore Articles online in the Future is attractive, • Health/Beauty B2C E-Commerce Player Trends, 2012 total and by Gender, in %, Q1 2012 • Share of Internet Users who think that purchasing 3.2. FRANCE (Top Country) Drugstore Articles online in the Future is attractive, total and by Age, in %, Q1 2012 • Trends about B2C E-commerce Subscriptions for • Christmas Presents Consumers plan to buy Online, Cosmetics, 2011/2012 by Product Category, incl. Cosmetics and Perfumes, in %, Christmas 2011 • Types of Goods and Services bought online in France, including Health/Beauty, in % of Internet Users, 2009-2011 • Health/Beauty B2C E-Commerce Player Trends, 2012 3. WESTERN EUROPE 3.1. UK (Top Country) 3.3. BELGIUM • Trends about Women in the Age Group 18-35 • Types of Goods and Services bought online, shopping online for Health and Beauty Products, including Health and Beauty Products, 2012 in % of Online Shoppers, 2011 • Top Online Product Categories, including Cosmetics, • Leading Online Product Categories, Beauty, by average per Capita Spend in GBP, including Personal Care Products, by further August 2010 Intention to buy in the following 12 Months, in % of Online Shoppers, April 2012 -3- LinkedIn XING Twitter Facebook Phone: +49 (0) 40 - 39 90 68 50 info@ystats.com Fax: +49 (0) 40 - 39 90 68 51 www.ystats.com
  • 4. Europe Beauty & Personal Care B2C E-Commerce Report 2012 Table of Contents 3. WESTERN EUROPE (cont.) 4. EASTERN EUROPE 3.3. BELGIUM (cont.) 4.1. RUSSIA (Top Country) • Online Spending, by last purchased Product • Trends in Online Sales of Beauty Products, 2011 Category, including Health & Beauty, in EUR, • Online Sales, by Product Category, April 2012 including Cosmetics and Perfumes, in RUB billion, 2010 & 2011 • Products bought Online, by Category, 3.4. ITALY including Cosmetics and Perfumes, in % of Online Shoppers, 2009 & 2011 • Beauty Products Sales Channel Trends, including • Leading online Product Categories of female Online online, 2011 and Growth in Beauty Sales Channels, Shoppers, by Product Category, including Cosmetics in %, 2011 and Perfumes, in %, 2011 • B2C E-Commerce Sales of Health and Beauty, • Products bought Online, by Category, including in EUR billion and in % of the total B2C E-Commerce Cosmetics and Perfumes, in % of Online Shoppers, Market, 2010 & 2011 August 2011 • Online Sales Growth by Product Category, • Online Shoppers who bought Cosmetics and including Health & Beauty, in %, 2012f vs. 2011 Perfumes, by Gender, in %, August 2011 • Average Online Spending per Product Category, • Place of Residence of Online Shoppers who bought including Health & Beauty, in EUR, 2010 Cosmetics and Perfumes, by Size of City, • Types of Goods and Services bought online in Italy, in % of Online Shoppers, August 2011 including Health and Beauty, in % of Sales, 2011 4.2. CZECH REPUBLIC 3.5. NETHERLANDS • Types of Goods ordered online, including Cosmetics, in % of Online Shoppers aged 16+, • Share of Purchases made online, 12 Months to Q2 2011 by Product Category, including Health & Beauty (Cosmetics), in % of Individuals, 2011 4.3. TURKEY 3.6. SPAIN • Market Trends about Beauty B2C E-Commerce, 2011 & 2012 • Beauty B2C E-Commerce Trends, 2011 and Factors influencing online Beauty Purchases, in %, 2011 4.4. UKRAINE • Goods and Services purchased on the Internet, including Groceries/Drugs/Perfumeries, • Product Categories, including Cosmetics, sold by in % of Online Shoppers, 2010 Distance Selling Companies, including Online, in %, • Leading Health/Beauty B2C E-Commerce Players, 2011 2012 • Leading online Product Categories, including Cosmetics, in % of Online Shoppers, September 2009 & April 2011 -4- LinkedIn XING Twitter Facebook Phone: +49 (0) 40 - 39 90 68 50 info@ystats.com Fax: +49 (0) 40 - 39 90 68 51 www.ystats.com
  • 5. Europe Beauty & Personal Care B2C E-Commerce Report 2012 Samples RESEARCH ON INTERNATIONAL MARKETS We deliver the facts – you make the decisions In the UK, B2C E-Commerce of “Health and Beauty” products increased by +25% between August 2011 and August 2012. UK: Online Shopping Product Categories, incl. Health and Beauty, by Year-on-Year Growth, in %, August 2011 vs. August 2012 Gifts 41% Accessoires 39% Health and Beauty 25% Electricals 11% Footwear 11% Travel 9% Beers, Wines & Spirits 2% Lingerie -3% Other 12% -10% 0% 10% 20% 30% 40% 50% Source: IMRG, September 2012 22 RESEARCH ON INTERNATIONAL MARKETS We deliver the facts – you make the decisions “Online Sales” was the fastest-growing beauty product sales channel in Italy in 2011, reaching a growth of up to +20%. Italy: Beauty Products Sales Channel Trends, including online, 2011 and Growth in Beauty Sales Channels, in %, 2011  Beauty products were distributed via several different sales channels in Italy in 2011, including door-to-door sales, mail-order sales, and online sales, besides regular retail outlets. Growth in Beauty Sales Channels, in %, 2011  In 2011, door-to-door sales increased by +3.6% compared to 2010, reaching EUR 430 million in value. Based on this development, door-to-door sales represented more than 4.4% of the total cosmetics consumption in Italy. The rising popularity of this sales channel for beauty products in Italy can be attributed to a specialization in customer Online Sales 20,0% services, among others.  Mail-order sales of beauty products reached a value of EUR 63 million in 2011, after growing by +3.8% compared to the previous year.  In total, online sales of beauty products only played a marginal role in Italy in 2011. However, this sales channel is growing strongly, reaching growth rates of up to +20%. Mail-Order Sales 3,8% These high growth rates are based on a small volume and therefore do not represent high total volume figures. Besides selling beauty products online, the Internet has also increasingly been used for communication and information purposes.  Bottegaverde.it is a leading online shop for health and beauty products in Italy. The company offers various health and beauty products on its website. Founded in 1972, Door-to-Door the company operates many stores in Italy and launched its online shop in 2000. In Sales 3,6% 2010, Bottega Verde already had 6 million customers.  Kiko Cosmetics is also leading in Italy. Kiko is a cosmetics brand, that was originally established in Italy in 1997. Besides the Italian online shop, the company also 0% 5% 10% 15% 20% 25% operates in Spain, France, Germany, Portugal and UK. Source: Unipro, 2012; Bottegaverde.it, November 2012; Kiko Cosmetics, November 2012 36 -5- LinkedIn XING Twitter Facebook Phone: +49 (0) 40 - 39 90 68 50 info@ystats.com Fax: +49 (0) 40 - 39 90 68 51 www.ystats.com
  • 6. Europe Beauty & Personal Care B2C E-Commerce Report 2012 Report Order Form REPORT ORDER FORM PlacE YOuR ORDER as FOllOws Call us at + 49 40 39 90 68 50 Fax us at + 49 40 39 90 68 51 using the form below Scan and Email us at order@ystats.com using the form below cHOOsE YOuR lIcENsE TYPE aND REPORTs Please confirm the license type you require:  Single User License  Site License1  Global Site License2 Report Title Publication Date Price (€) aN INvOIcE wIll bE sENT TO YOuR cOMPaNY. PlEasE cOMPlETE YOuR cONTacT DETaIls. Title: Mr/Mrs/Ms First Name Last Name Job Title Company Email Address Telephone Number Fax Number Address City State/Province Country Post Code/ZIP Your Order is subject to our Terms & Conditions as attached hereto. All Forms must have a signature to confirm your order: Signature Where did you find us? EU Companies must supply VAT No  Google/Search Engine  Google Adwords/Online Advertising Purchase Order No (if required)  Article in Trade Journal  Press Release Order Date  Social Media  Recommendation Note: Reports are provided in electronic PDF form. yStats.com will contact you in the future to provide our free newsletter or 1) Site Licenses, allowing all users within a given geographical location of an organization to access the report, are available other mailings. If you do not wish to receive our newsletter or for double the price. other mailings, you may advise us of this. Your contact informa- 2) Global Site Licenses, allowing all worldwide users of an orga-  Others: ________________________ tion will not be sold to other organizations. nization to access the report, are available for triple the price. -6- LinkedIn XING Twitter Facebook Phone: +49 (0) 40Co. KG 68 50 yStats.com GmbH & - 39 90 Telefon: info@ystats.com +49 (0) 40 - 39 90 68 50 info@ystats.com www.twitter.com/ystats Fax: Behringstr. 28a, 22765 39 90 68 51 +49 (0) 40 - Hamburg Fax: www.ystats.com +49 (0) 40 - 39 90 68 51 www.ystats.com www.facebook.com/ystats
  • 7. Europe Beauty & Personal Care B2C E-Commerce Report 2012 Terms and Conditions 1. SCOPE entitled to access the report. In both cases, the term “organization” refers to the company of 1.1 The following terms and conditions apply to our entire contract (the “Contract”) between the specific customer only and excludes any third parties including affiliates. yStats.com GmbH Co. KG (hereinafter also referred to as “we” or “us”) with our customers 4.4 must expressly be named as the author of any data the customer processes further as We regarding (i) research services, (ii) the purchase of reports, and (iii) any other contracts contractually negotiated. between us and our customers executed by reference to these terms and conditions (any 5. TECHNICAL INFORMATION reports and other services and products which we may make available to the customer under 5.1 shall provide our Products in standardized data formats. 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This the report and the fee due. In this respect, our customers may chose between two types of is also true in cases of subsequent changes made by the customers or third parties unless Products, namely (i) our Product “Market Reports” and (ii) our Product “Full Access Global such changes do not affect the analysis and removal of a given defect. E-Commerce Reports”. 6.4 Claims for defects as to quality expire within one year from the commencement of the legal 2.3 a customer orders our Product “Market Reports”, the customer gets access to the ordered If statute of limitation. This limitation does not apply to the extent that applicable law stipu- report as identified in the Report Order Form and the customer may use that report in accor- lates a longer period in cases of intentional or grossly negligent breaches of duty on the part dance with Section 4.3 below and the other provisions of the Contract. of us, fraudulent concealment of a defect and injuries to life, body and health. 2.4 a customer orders our Product “Full Access Global E-Commerce Reports”, the customer If 6.5 Claims for damages and the reimbursement of expenditures are further subject to Section 8. gets access to any standard reports (for the avoidance of doubt excluding reports published 7. 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In the event that the customer orders our Product “Full Access the extent that we violated a material contractual obligation (cardinal obligation) – i.e., an Global E-Commerce Reports”, we will send our invoice for the first contract year upon exe- obligation that (i) the Customer reasonably relied upon at execution of the applicable Order cution of the Contract and the invoice(s) for any subsequent contract year(s), if any, upon Form and (ii) was of critical significance to the outcome of performance. As regards property commencement of any subsequent contract year. damage and financial loss, such liability is limited to typical and foreseeable damages; in no 3.5 payments shall be due and payable within thirty (30) days following the date of our All event will we be liable for any incidental, special, punitive or consequential damages, loss of invoice without any deductions. The customer will be in default one day after the expiry date profits or loss of data in such case. without any further warning notice being required. 8.3 Our liability for damages under warranties (Beschaffenheitsgarantien) is limited to instances 3.6 customers‘ rights of retention or set-off are hereby excluded to the extent that they are All in which the warranty expressly includes such liability. not based on the same contractual relationship. Retentions or set-offs are allowed only if the 8.4 Claims for the reimbursement of expenditures and other liability claims asserted by the customer‘s claim is nondisputed or has become unappeasable. Customer against us are subject to sections 8.1 through 8.3. 3.7 the event of a customer‘s default in payment or other apparent credit unworthiness, all In 9. CONFIDENTIALITY remaining claims against that customer shall become immediately due and payable in full. 9.1 The Parties shall hold in strict confidence for an indefinite period of time all data and We shall then be entitled to rescind payment terms previously agreed upon and to demand information materials of which they gain knowledge as part of a Contract, be it orally, in payment in advance or other appropriate security with respect to pending deliveries. A writing or otherwise, directly or indirectly, provided that such data or information materials customer shall be deemed unworthy of credit in particular when he files a petition in ban- are designated confidential or must be considered confidential based on their nature, and kruptcy or composition proceedings. shall use them exclusively as part of the services covered by the relevant Order. This duty of 4. INTELLECTUAL PROPERTY RIGHTS AND INDEMNITIES confidentiality excludes data and information materials that: 4.1 copyrights and other intellectual property rights in connection with our Products remain All a) were already known or accessible to any third party at the time of disclosure; with us. All data carriers remain our property. The customer may not modify, publish, trans- b) ne of the parties legitimately receives from a third party following disclosure, and such o mit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or third party is not bound by a duty of confidentiality in relations with the other Party; in any way exploit any of the Products made available by us, in whole or in part, except as c) ust be disclosed by order of and to a government agency or another competent third m expressly permitted under the Contract. party; and 4.2 Upon delivery of the Products to the customer and payment of the agreed fee, the customer d) ust be disclosed to legal or tax advisors of the contractual customer in question for m obtains a non-exclusive, non-transferable, perpetual, worldwide right to use the Products consulting purposes. provided to the customer for its internal purposes or any additional purposes set out in the the cases of Sections c) and d), the parties shall (i) promptly inform each other about a In Order Form. A right to resell our Products requires our prior written approval. given request and prior to disclosing confidential information, and (ii) limit the disclosure of 4.3 the event that the parties agree on a “Single User License” under the Order Form, this In confidential information to the minimum required. means that only one individually named user of an organization shall be entitled to access 9.2 may use the Customer as a reference so long as no contractual details are divulged. We the report. In the event that the parties agree on a “Site License” under the Order Form, this 10. JURISDICTION, GOVERNING LAW, MISCELLANEOUS means that all users within a given geographical location (as specified in the Order Form) 10.1 lace of payment is Hamburg, Germany. P of an organization shall be entitled to access the report. In the event that the parties agree 10.2 ll disputes arising from or in connection with any Contract between the parties shall be A on a “Global Site License”, this means that all worldwide users of an organization shall be resolved through the courts of Hamburg. Governing law is German law. -7- LinkedIn XING Twitter Facebook Phone: +49 (0) 40 - 39 90 68 50 info@ystats.com Fax: +49 (0) 40 - 39 90 68 51 www.ystats.com