General
A. Instructions for action on the EU Commission’s online dispute resolution platform
B. Instructions for your general terms and conditions
C. Instructions for your data protection declaration and data protection in general
1. Inclusion
2. Advertising with newsletters
3. Use of Google Analytics
4. Declaration of consent when using Facebook’s conversion tracking technology (“Facebook Pixel”)
5. Use of cookies for advertising, tracking and analysis purposes
D. Instructions for your cancellation policy
E. Instructions for your payment methods
F. Instructions for delivery times
G. Instructions for making changes to your online presence if customers' email addresses are to be passed on to one of the parcel service providers DHL, GLS, UPS, DPD or Hermes for the purpose of coordinating delivery with customers:
1. Instructions for making changes to your online presence if customers' email addresses are to be passed on to the parcel service provider DPD for the purpose of coordinating deliveries with customers:
H. Instructions for information on battery disposal
I. Be careful with advertising with guarantees!
J. Sample warranty conditions
1. Introduction
2. Guarantee condition
General
Please ensure that you always use the legal texts in full and do not leave anything out. If possible, do not add anything, and not without advice.
If you leave out individual parts, add them or change them yourself, Protected Shops assumes no liability for any damage you may incur as a result.
A. Instructions for action on the EU Commission’s online dispute resolution platform
How to < url> https://www.protectedshops.de/infothek/whitepaper/verbraucherstreitbeilegenung-neue-pflichten-fuer-onlinehaendler-ab-01-02-2017
have already read about it, you must have a link to the EU Commission's online dispute resolution platform available since January 9, 2016.
The link must be clickable.
How this is to be achieved can differ from shop system to shop system.
Therefore we cannot provide any technical instructions here.
The normal HTML command would be:
http://ec.europa.eu/consumers/odr
B. Instructions for your general terms and conditions
These terms and conditions with customer information are created and designed exclusively for your own online shop (webshop) . They may only be used for contracts for the delivery of goods .
These general terms and conditions with customer information are not applicable to contracts for services (such as rental, work, agency, broker, partnership or travel agency contracts)!
They may also not be used for Internet platforms such as eBay, Amazon or other platforms, otherwise there is a significant risk of warnings.
You must also send these General Terms and Conditions with customer information to your customers in text form (e-mail, fax or letter).
This can best be done in the initial contact email that you send to the customer after receiving the order.
This can also be sent in the delivery of goods (e.g. on the back of the invoice).
The general terms and conditions with customer information should be entered in the online shop under a separate link “Terms and Conditions & Customer Information”.
When publishing these terms and conditions with customer information, check whether they contradict a cease-and-desist declaration that you have made in the past. If in doubt, seek legal advice.
C. Instructions for your data protection declaration and data protection in general
1. Inclusion
Please maintain the data protection declaration under a separate link “Data protection declaration”.
2. Advertising with newsletters
With the express consent of the customer (= customer registration for the newsletter)
Please note that simply informing your customer of this data protection declaration is not sufficient for consent to receive the newsletter. The customer must expressly declare at one point that he agrees to the use of his email address for such purposes.
This is usually done through a checkbox that is integrated into the ordering process or separately.
The text of the declaration must indicate which products or services from which companies are specifically covered by the consent.
You can use the following sentence for this:
"In accordance with your data protection declaration, please send me regular (revocable at any time) information about the following product range by email: [LIST OF THE GROUP OF GOODS SOLD BY YOU]"
Please note that only the “double opt-in” method is suitable in the legal sense to provably obtain the recipient’s consent. Only send newsletters after your customer has confirmed the double opt-in!
2.1. You can also send a newsletter without your customer’s express consent.
Such express consent to send the newsletter is only not necessary if the following conditions are met:
- You received your customer's email address in connection with the sale of a good or service and
- You will only use this email address to advertise your own similar goods or services and
- the customer has not objected to this use and
- the customer was clearly informed when the address was collected and each time it was used that he could object to the use at any time without incurring any costs other than the transmission costs according to the basic tariffs.
We also recommend including the following legible text in the ordering process:
"In addition to processing your order, we use your email address to send information about our own similar goods/(services). You can object to the use of your email address for this purpose at any time without incurring any costs other than the transmission costs in accordance with the Basic tariffs apply. If you do not wish to receive further advertising, please let us know by email to the following address: « Please insert your email address here » or click on the link « Please add the name of the Links, e.g. "Unsubscribe" » at the end of the newsletter "
Your customer must also be informed about this option to unsubscribe in every email!
Since the distinction between “similar” goods is often very difficult and blurred, we generally only recommend sending newsletters after consent.
3. Use of Google Analytics
Be sure to use Google Analytics with the "_anonymizeIP()" code function.
For more information:
https://support.google.com/analytics/answer/2763052?hl=de
If you want to create a functional opt-out cookie, a mechanism must be implemented using specific Java script code that prevents data collection when an opt-out cookie is activated.
This Java script code must always be integrated into the source code of the respective website before the actual analytics code.
- The script is as follows:
- A notice:
Replace 'UA-XXXXXX-Y' with your individual tracking code assigned by Google.
Google also has instructions for programmatically disabling tracking via the link https://developers.google.com/analytics/devguides/collection/gajs/?hl=de#disable
ready.
The script must be embedded on every (!) page on which a “Google Analytics” tracking code is implemented.
If you use Google Analytics, you must conclude a data processing agreement with Google:
https://support.google.com/analytics/answer/3379636
Note: Be sure to keep a copy of the contract for evidence purposes.
4. Declaration of consent when using Facebook’s conversion tracking technology (“Facebook Pixel”)
Since it is very likely that user data from external websites will be linked to Facebook user profile data when using Facebook's conversion tracking technology, you must obtain user consent before loading the corresponding "Facebook Pixel" code on your site!
It should therefore be noted that users are informed about the use of conversion tracking and must agree to it before a corresponding tracking code is used.
This requires either that the code is reloaded dynamically or that a page reload occurs. We recommend integrating the instruction and consent request through a corresponding pop-up or banner on the provider's website, which is dynamically reloaded after the user's consent or initiates a page reload and only then executes the cookie.
The express requirement for consent can be taken into account using a “ consent button ” as part of the pop-up or banner.
It is important that the user must be informed about the specific conversion tracking procedure as part of his declaration of consent. It is possible to either integrate the instruction into the pop-up or banner or to include it in the data protection declaration, which in turn must then be referenced in the pop-up or banner.
In our opinion, reference to the data protection declaration appears to be preferable, as a complete instruction would unnecessarily expand the dimensions of the pop-up window or banner and is also likely to confuse the user with an excess of text and information.
We recommend designing the pop-up or banner as follows:
"On this website, the Facebook pixel is used by Facebook for statistical purposes. A cookie can be used to track how our marketing measures on Facebook can be recorded and improved. We would be very pleased if you agreed to this. Information about "Facebook -Pixel", you can find out more about cookies and your right to object in our data protection declaration [-> link to your own data protection declaration]."
Within the pop-up or banner there is an additional button below the aforementioned text
"I agree to the use of the Facebook Pixel"
to insert.
5. Use of cookies for advertising, tracking and analysis purposes
If you use cookies for advertising, tracking and analysis purposes, the site visitor must be informed of the website's use of cookies via a clearly visible banner/bar at the top or bottom of the website at the beginning of the page visit and informed that the operator of the website assumes the user's consent if he then continues to use the website.
"This website uses cookies to analyze website access/marketing activities.
By continuing to use the website, you agree to this use.
Information about cookies and your option to object"
The passage “Information about cookies and your option to object” must then be linked to the data protection declaration.
D. Instructions for your cancellation policy
The cancellation policy may only be used in connection with a distance contract in electronic commerce for the delivery of goods.
On the other hand, this cancellation policy is not suitable for contracts with the following content:
• Contracts for the sale of land or rights equivalent to land
• Contracts for services (which include rental, work, agency, broker, partnership or travel agency contracts)
• Contracts for the supply of water, electricity, gas (unlimited volume or quantity) or district heating
• Contracts for the delivery of digital content that is not delivered on a physical medium
• Subscription agreements
• Purchase on trial within the meaning of § 454 BGB.
You must also send your customers the cancellation policy including the cancellation form in text form (e-mail, fax or letter). We recommend that you include the cancellation policy in the initial contact email that you send to the customer after receipt of the order. In addition, it can be attached to the delivery of goods (e.g. on the back of the invoice) for evidentiary purposes (optional).
Attention: Before publishing this cancellation policy, you should check carefully whether it contradicts a cease-and-desist declaration that you have previously made! Are you unsure? Get legal advice!
E. Instructions for your payment methods
No special actions are necessary for the payment methods you have specified
F. Instructions for delivery times
You are obliged to inform the consumer about the duration, start and expiry of the delivery period, within which the consumer can in any case expect receipt of the goods.
We recommend the following procedure:
1. For each item, please indicate the respective delivery time for shipping within Germany and mark it with an asterisk.
Examples:
Delivery time 3-5 days*
or
Delivery time maximum 5 days*
or
Delivery time up to 5 days*
If you also offer express shipping, indicate the changed delivery times
Example:
Delivery time: Standard maximum 5 days, Express in 1 day*
2. Include a resolution of the star notice in the footer of each landing page. Here you clarify which countries the specified delivery times apply to and link to the new page for delivery times
Example:
"For deliveries to Germany. The delivery times for other countries and the information on calculating the delivery date can be found here
3. Show the maximum additional delivery times for other countries on a separate information page.
The most useful thing is to have a table showing the additional delivery time that occurs for other countries. If in doubt, it is better to specify a time period that is too long rather than too short.
Example:
Information about delivery times
In the table below you will find the delivery times for shipping to other countries, which you must add to the delivery time specified for the respective item.
Country | Additional maximum duration in days
Austria | 2
Switzerland | 3
Italy | 5
etc.
4.
When ordering multiple items, it depends on whether you send the items either in one shipment or in several shipments (partial deliveries), depending on availability.
Example:
Joint broadcast :
Information about delivery times
In the table below you will find the delivery times for shipping to other countries, which you must add to the delivery time specified for the respective item.
Country | Additional maximum duration in days
Austria | 2
Switzerland | 3
Italy | 5
etc.
If you order several items from us in one order that have different delivery times, we will send the goods in one shipment, unless we have agreed otherwise with you. In this case, the overall delivery time for the item in your order with the longest delivery time applies to the shipment of goods.
Partial delivery (without additional shipping costs):
Information about delivery times
In the table below you will find the delivery times for shipping to other countries, which you must add to the delivery time specified for the respective item.
country | Additional maximum duration in days
Austria | 2
Switzerland | 3
Italy | 5
etc.
If you order several items from us in one order, for which different delivery times apply, we will send the goods in several partial shipments, depending on availability, for which the delivery times specified for the respective item apply. There are no additional shipping costs.
5. Please then attach the following statement for calculating the (latest) delivery date:
Information on calculating the delivery date
The deadline for delivery begins on the day after the payment order is issued to the transferring credit institution if payment is made in advance or on the day after the contract is concluded for other payment methods and ends at the end of the last day of the deadline. If the last day of the deadline falls on a Saturday, Sunday or a public holiday recognized by the state at the place of delivery, such a day will be replaced by the next working day.
or, if your shipping company also delivers on Saturdays:
Information on calculating the delivery date
The deadline for delivery begins on the day after the payment order is issued to the transferring credit institution if payment is made in advance or on the day after the contract is concluded for other payment methods and ends at the end of the last day of the deadline. If the last day of the deadline falls on a Sunday or a public holiday recognized by the state at the place of delivery, such a day will be replaced by the next working day.
G. Instructions for making changes to your online presence if customer email addresses are to be passed on to one of the parcel service providers DHL, GLS, UPS, DPD or Hermes for the purpose of coordinating delivery with customers:
1. Instructions for making changes to your online presence if customers' email addresses are to be passed on to the parcel service provider DPD for the purpose of coordinating deliveries with customers:
Changes as part of the shop ordering process: You may only pass on the email address collected from the customer to a third party (here DPD) if you have obtained the express consent of the customer concerned to pass on their email address!
This consent from the customer can be achieved through a corresponding explanatory text, which the customer expressly confirms during the ordering process in your online shop by ticking the opt-in checkbox.
Please include the following consent text (including check box) in the ordering process:
"[ ] I agree that my e-mail address and my telephone number will be passed on to DPD (DPD Deutschland GmbH, Wailandtstraße 1, 63741 Aschaffenburg) so that DPD can contact you by e-mail before delivering the goods for the purpose of coordinating a delivery date. You can contact me by email or telephone or provide status information regarding shipment delivery. I can revoke my consent in this regard at any time."
Please note that the check box must not be pre-checked! Reason: The customer must give his consent to the sharing of his email address voluntarily and independently!
H. Instructions for information on battery disposal
You have indicated to us that you do not sell products with batteries or batteries themselves.
I. Be careful with advertising with guarantees!
Particular caution should be taken when advertising guarantees. Warnings often occur here
If you want to advertise guarantees, you must provide more detailed information about the guarantee conditions.
You can read details about this here:
https://www.protectedshops.de/infothek/glossar/ Garantiewerbung-auf-ebay
We generally advise against advertising with guarantees, as the design is very complex. Get legal advice here!
Unfortunately, warnings are currently being issued if manufacturer guarantees are available and these are not taken into account.
Although it has not yet been fully clarified legally whether this is necessary, in order to prevent warnings in this regard, information about this guarantee would actually have to be provided at least for those products for which the existence of a manufacturer's guarantee is obvious.
The manufacturer's warranty would have to provide the following information:
- Duration of the guarantee (How long can it be used?)
- Name and address of the guarantor
- Description of the content of the guarantee (What exactly is guaranteed? - possible limitation to parts of the product)
- Note on the geographical limitation of the guarantee (e.g. Germany-wide, Europe-wide, worldwide)
- Note that the warranty does not limit the warranty rights
- Information on claiming the guarantee (How should the customer proceed?)
However, if the manufacturer's information does not meet the legal requirements, this would be taken as one's own, which also entails the risk of a warning.
J. Sample warranty conditions
1. Introduction
IMPORTANT
We ask for your understanding that, due to the great individuality of manufacturer guarantees, we cannot provide fixed guarantee conditions in this form.
We also offer you a sample of what such a guarantee condition might look like.
However, this cannot be used without further ado and must be compared with the respective manufacturer's warranty.
Each individual point may differ from the warranty provided by the manufacturer.
Therefore, we cannot accept any liability for the given sample in this form.
2. Guarantee condition
The manufacturer XYZ GmbH grants a manufacturer's guarantee for the goods advertised with the guarantee promise for a period of 2 years from the date of purchase. The guarantee applies throughout Europe.
If material or manufacturing defects occur in the product during the warranty period, the manufacturer will offer to repair the product free of charge or replace it with an equivalent item, at its discretion.
However, the guarantee does not apply to damage caused by wear and tear, normal consumption, improper handling, use of force or personal repair attempts.
To claim the warranty you must contact the manufacturer:
XYZ GmbH
Musterstrasse 123
12345 Model City
Model country
You will receive documents from the manufacturer that enable free return shipping.
You must include a copy of the original invoice with the product to prove the date of purchase. Please make sure to pack the goods in such a way that no damage can occur during transport.
This guarantee applies in addition to the buyer's other rights. The buyer's legal rights, in particular the warranty or product liability, are not affected by this guarantee. They apply without restriction in addition to this guarantee.
If the purchased goods have a defect, you can always contact us within the scope of your statutory warranty rights, regardless of whether there is a warranty claim.
