Instructions for using your legal texts and your payment methods

General
A. Instructions for use of 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. Embedding
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 action on delivery times
G. Instructions for making changes to your online presence if customers' e-mail addresses are to be forwarded to one of the parcel service providers DHL, GLS, UPS, DPD or Hermes for the purpose of delivery coordination with the customers:
H. Action Guide for Battery Disposal Information
I. Beware of advertising with guarantees!
J. Guarantee Terms Template
1. Introduction
2. Warranty Term

General

Please ensure that the legal texts are always used in their entirety and that nothing is left out. If possible, do not add anything, and not without advice.

If you omit individual parts, add or change them yourself, Protected Shops assumes no liability for any damage you may incur as a result.

A Instructions for use of the EU Commission's online dispute resolution platform

As you <url>https://www.protectedshops.de/infothek/whitepaper/ Verbraucherstreitbeilegung-neue-obligen-fuer-onlinehaendler-ab-01-02-2017 You have already been able to read about this, since January 9th, 2016 you must have a link to the online dispute resolution platform of the EU Commission ready.


The link must be clickable.
How this can be implemented can be done differ from shop system to shop system.
Therefore we cannot give 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 have been created and designed exclusively for your own online shop (webshop) . They may only be used for delivery of goods contracts.
These terms and conditions with customer information are not applicable to contracts for services (such as rental, work, agency, brokerage, partnership brokerage or travel agency contracts)!
They may also not be used for Internet platforms such as eBay, Amazon or other platforms are used, otherwise there is a significant risk of warnings.

You must send these terms and conditions with customer information to your customersadditionally in text form (e-mail, fax or letter).
This can best happen in the initial contact email that you send to the customer after receipt of the order.
 A transmission in the delivery of goods (e.g. on the back of the invoice) can also take place.
The terms and conditions with customer information should be entered in the online shop under a separate link "Terms and Conditions & Customer Information".

Check the publication of these terms and conditions with customer information to see 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. Embedding

Please enter the privacy policy under a separate link "Privacy Policy".

2.Advertising with newsletters

With the customer's express consent (= customer's registration for the newsletter)

Please note that just letting your customer know about this data protection declaration is not sufficient for consent to receive the newsletter At one point, the customer must expressly declare that he agrees to the use of his e-mail address for such purposes.

This is usually done using a checkbox that is integrated into the ordering process or separately.
The explanation text must state which products or services of which company the consent specifically covers.

You can do this use the following sentence:

"In accordance with your data protection declaration, please send me information on the following product range by e-mail on a regular basis (which can be revoked at any time): [LISTING OF THE GOODS GROUPS YOU DISTRIBUTE]"

Please note Please note that only the "Double Opt-In" method in the legal sense is suitable for obtaining the consent of the recipient in a verifiable manner. Send newsletters only after your customer has confirmed the double opt-in!


3. Use of Google Analytics

Be sure to use Google Analytics with the "_anonymizeIP()" code function.
More information:
https://support.google.com/analytics/answer/2763052?hl=de

If you want to create a working 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 before the actual analytics code into the source code of the respective website.

- The script is as follows:


- Note:
Replace 'UA-XXXXXX-Y' with your tracking code individually assigned by Google.
Google also has instructions for programmatically preventing tracking via the link
https://developers.google.com/analytics/devguides/collection/gajs/?hl=de#disable
.

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 Facebook's conversion tracking technology is used, it is necessary to obtain user consent< before loading the corresponding "Facebook pixel" code on your page t1> required!

So it should 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 dynamically reloaded or that a page reload takes place.We recommend integrating the instruction and request for consent by means of a corresponding pop-up or banner on the provider side, which is dynamically reloaded after the user has given their consent, or a page reload and only then executes the cookie

The express requirement for consent can be taken into account via a "consent button" in the context of the pop-up or banner.
It is important that the user must be instructed about the specific process of conversion tracking 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, to which reference must then be made in the pop-up or banner.

In our opinion, appears the reference to the data protection declaration is 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 that the pop -Up or to design the banner as follows:

"On this website, the Facebook pixel is used by Facebook for statistical purposes. With the help of a cookie, it can be understood how our marketing measures are recorded and improved on Facebook We would be very pleased if you gave your consent tion [-> link to your own data protection declaration]."

Within the pop-up or banner, below the aforementioned text, there is also the button

"I agree to the use of the Facebook Pixels agree"

to insert.

5. Use of cookies for advertising, tracking and analysis purposes

If you use cookies for advertising, tracking and analysis purposes, the website visitor must be informed of the use of cookies by the website at the beginning of the page call via a clearly visible banner/bar at the top or bottom edge of the website 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 measures.

By continuing to use the website 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 real estate
• Contracts for services (including rental, work and , agency, brokerage, partnership brokerage or travel agency contracts count)
• Contracts for the supply of water, electricity, gas (according to unlimited volume or unlimited quantity) or district heating
• Contracts for the supply of digital Content that is not delivered on a physical data carrier
• Subscription contracts
• Purchase on trial within the meaning of § 454 BGB.

You must also send your customers the cancellation policy and cancellation form in text form (E -mail, fax or letter). We recommend that you include the cancellation policy in the initial contact e-mail that you send to the customer after the order has been received.In addition, it can be attached to the delivery of goods (e.g. on the back of the invoice) for proof purposes (optional)

Warning: Before publishing this cancellation policy, you should check carefully whether it contradicts a cease-and-desist declaration that you have previously submitted ! Are you unsure? Get legal advice!

E. Instructions for your payment methods

No special actions are required for the payment methods you have specified

F Instructions for the delivery times

You are obliged to inform the consumer about the duration, start and end of the delivery period, within which the consumer can expect receipt of the goods in any case.
We recommend the following procedure for this:


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 no more than 5 days*
or
Delivery time up to 5 days*
If you also offer express shipping, indicate the changed delivery times
Example:
Delivery time: Standard no more than 5 days , Express in 1 day*

2. Include a resolution of the asterisk hint in the footer of each landing page. Here you clarify for which countries the specified delivery times apply and link to the new page for delivery times
Example:
"For deliveries to Germany. The delivery times for other countries and the information for calculating the delivery date can be found here

3. Show the maximum additional delivery times for other countries on a separate information page.
It makes the most sense to have a table showing the additional delivery times that occur in other countries. If in doubt, it is better to indicate a period that is too long than too short.

Example:
Information on delivery times

You can find them in the table below Delivery times for shipping to other countries that you have to add to the delivery time, which is specified in the respective article.              | 3
Italy | 5
etc.

4.
When ordering multiple items, it depends on whether you send the items in one shipment or in several shipments (partial shipments), depending on availability.

Example:
Common shipment:
Information on delivery times

In the table below you will find the delivery times for shipping to other countries that you must be added to the delivery time specified for the respective article.
Country                                       | Additional maximum duration in days
Austria             | 2
Switzerland | 3
Italy | 5
etc.
If you order several items from us in the context of one order, for which different delivery times apply, we will send the goods in one shipment, unless we have agreed otherwise with you. In this case, the delivery time for the item in your order with the longest delivery time applies to the shipment as a whole.

Partial delivery (without additional shipping costs):

Information about the 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 ship 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. Then please attach the following explanation for the calculation of the (latest) delivery date:

Information on the calculation of the delivery date

The deadline for delivery begins with payment in advance on the day after the issuance of the payment order to the transferring bank or, in the case of other payment methods, on the day after the conclusion of the contract and ends with the expiry of the last day of the period. If the last day of the period falls on a Saturday, Sunday or a public holiday recognized by the state at the place of delivery, the next working day takes the place of such a day.

or, if delivered by your shipping company, also on Saturdays becomes:

Information on the calculation of the delivery date

In the case of payment in advance, the delivery period begins on the day after the payment order has been issued to the transferring bank or, in the case of other payment methods, on the day after conclusion of the contract and ends with the expiry of the last day of the period. If the last day of the period falls on a Sunday or a public holiday recognized by the state at the place of delivery, the next working day takes the place of such a day.



G. Instructions for making changes to your online presence if customers' email addresses are to be forwarded to one of the parcel service providers DHL, GLS, UPS, DPD or Hermes for the purpose of delivery coordination with the customer:

You have indicated to us that you will not give any e-mail addresses to shipping service providers to process the order.

H Instructions for action for information on battery disposal

You have told us that you do not sell any products with batteries or batteries themselves.

I Beware of advertising with guarantees!

Particular care should be taken when advertising with guarantees. Warnings are often issued here

If you want to advertise with guarantees, you must provide more detailed information on the guarantee conditions.
You can read details about this here:
https://www .protectedshops.de/infothek/glossar/garantiewerbung-auf-ebay

Basically, we advise against advertising with guarantees, as the design is very complex. Get legal advice here!

Unfortunately, warnings are currently also being issued if manufacturer guarantees are in place and these are not being addressed.
It has not yet been fully clarified legally whether this is necessary, but in order to prevent warnings in this regard, it should actually be at least for the products for which the The existence of a manufacturer's guarantee should be informed about this guarantee.

The manufacturer's guarantee should offer the following information:

  • Duration of the warranty (How long can it be claimed?)
  • 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 geographic limitation of the guarantee (e.g.throughout Germany, Europe, worldwide)
  • Notice that the warranty rights are not restricted by the guarantee
  • Information on how to assert the guarantee (how does the customer have to proceed?)
This information should be provided either on the product page itself, or on another website linked to from the product page. If the manufacturer has a warranty page where the information is provided, it can generally be linked to.

If the information provided by the manufacturer does not meet the legal requirements, one would adopt this as one's own, which also entails the risk of a warning.

J. Sample warranty terms

1. Introduction

IMPORTANT
We ask for your understanding that we cannot provide any fixed guarantee conditions in this form due to the great individuality of manufacturer guarantees.

We also offer you a sample of how such a guarantee condition can look like.
However, this cannot be used without further ado, but must be compared with the respective manufacturer's guarantee.
Each individual point can differ from the guarantee granted by the manufacturer.
Therefore, we can for assume no liability for the given pattern in this form either.

2. Warranty 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 is valid throughout Europe.

If material or manufacturing defects occur in the product during the guarantee period, the manufacturer offers to repair the goods free of charge or to replace them with an item of equal value.
The However, the guarantee does not apply to damage caused by wear and tear, normal consumption, improper handling, use of force or your own attempts to repair it.

To claim the guarantee, you must contact the manufacturer:

XYZ GmbH
Sample Street 123
12345 Sample City
Sample Country

You will receive documents from the manufacturer that enable you to return the product free of charge.
You must enclose a copy of the original invoice with the product in order to prove the date of purchase . Please ensure that the goods are packed in such a way that no damage can occur during transport.

This guarantee applies in addition to the other rights of the buyer. The statutory rights of the buyer, 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 contact us within the framework of your statutory warranty rights, regardless of whether a guarantee case exists.

.