Wir bieten 30 Tage Rückgaberecht. Rückgabe erfolgt ohne Angabe von Gründen.
Instructions for action
General
A. Instructions for the online dispute resolution platform of the EU Commission
B. Instructions for action for your general terms and conditions
C. Instructions for your data protection declaration and data protection in general
1. Involvement
2. Advertising with newsletters
3. Declaration of consent when using Facebook's conversion tracking technology ("Facebook Pixel")
4. Use of cookies for advertising, tracking and analysis purposes
5. Instructions for using Facebook Connect / Facebook Login
D. Instructions for your cancellation policy
E. Instructions for Your Payment Methods
F. Guidance on Delivery Times
G. Instructions for making changes to your online presence if customers' e-mail addresses are to be passed on to one of the parcel service providers DHL, GLS, UPS, DPD or Hermes for the purpose of delivery coordination with the customer:
1. Instructions for making changes to your online presence if the email addresses of customers are to be passed on to the parcel service DHL for the purpose of delivery coordination with the customers:
2. Instructions for making changes to your online presence if the email addresses of customers are to be passed on to the parcel service GPS for the purpose of delivery coordination with the customers:
3. Instructions for making changes to your online presence if customers' e-mail addresses are to be passed on to the parcel service UPS for the purpose of coordinating the delivery with the customer or for transmitting status information on the delivery
4. Instructions for making changes to your online presence if customers' e-mail addresses are to be passed on to the parcel service provider DPD for the purpose of delivery coordination with the customer:
5. Instructions for making changes to your online presence if customers' email addresses are to be passed on to the parcel service provider Hermes for the purpose of coordinating the delivery with the customer or for transmitting the status information of the delivery consignment:
H. Action Guide for Battery Disposal Information
I. Beware of advertising with guarantees!
J. Sample Warranty Terms
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 the online dispute resolution platform of the EU Commission
How to < url> https://www.protectedshops.de/infothek/whitepaper/ Verbraucherstreitbeilegung-neue-obligen-fuer-onlinehaendler-ab-01-02-2017
you have been required to provide a link to the EU Commission’s online dispute resolution platform since January 9th, 2016.
The link must be clickable.
How this is to be realized can differ from shop system to shop system.
Therefore, we cannot give any technical guidance here.
The normal HTML command would be:
http://ec.europa.eu/consumers/odr
B. Instructions for action for your general terms and conditions
These terms and conditions with customer information have been created and designed exclusively for your own online shop (web shop) . They may only be used for contracts for the delivery of goods .
These 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, as otherwise there is a considerable risk of warnings.
You must also send these GTC with customer information to your customers in text form (e-mail, fax or letter).
This can best happen in the initial contact email that you send to the customer after the order has been received.
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 may contradict a cease-and-desist declaration that you have submitted in the past. If in doubt, seek legal advice.
C. Instructions for your data protection declaration and data protection in general
1. Involvement
Please enter the privacy policy under a separate link "Privacy Policy".
2. Advertising with newsletters
With the express consent of the customer (= customer registration for the newsletter)
Please note that just bringing your customer to the attention 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 e-mail address for such purposes.
This is usually done using a checkbox that is integrated into the ordering process or separately.
The explanatory text must state which products or services of which companies the consent specifically covers.
You can use the following sentence for this:
"In accordance with your data protection declaration, please send me information on the following product range by e-mail on a regular basis (can be revoked at any time): [LISTING OF THE GROUPS OF GOODS YOU DISTRIBUTE]"
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!
2.1. You can also send out a newsletter without your customer's express consent.
Such an express consent to the sending of the newsletter is only not required 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 use this e-mail address exclusively for the promotion of 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 can 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 text in a legible manner during the ordering process:
"In addition to processing your order, we use your e-mail address to send information about our own similar goods/(services). You can object to the use of your e-mail address for this purpose at any time without incurring any costs other than the transmission costs in accordance with the If you do not want any further advertising, please let us know by e-mail to the following address: "Please enter your e-mail address here" or click on the link "Please enter the name of the Links, e.g. "Unsubscribe" » at the end of the newsletter "
Your customer must also be informed in every email about this possibility of unsubscribing!
Since the distinction between "similar" goods is often very difficult and blurry, we only recommend sending the newsletter after consent.
3. 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, user consent must be obtained before loading the corresponding "Facebook pixel" code on your page!
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 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's website, which is dynamically reloaded after the user has given their consent or initiates a page reload and only then executes the cookie.
The express requirement of the 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, the reference to the data protection declaration seems preferable, since 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. With the help of a cookie, it can be understood how our marketing measures on Facebook can be included and improved. We would be very happy if you gave your consent. Information on the "Facebook -Pixel", you can find out more about cookies and your right to object in our data protection declaration [-> link to our 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
4. 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, you agree to this use.
Information on cookies and your possibility of objection"
The passage "Information about cookies and your possibility of objection" must then be linked to the data protection declaration.
5. Instructions for using Facebook Connect / Facebook Login
With Facebook Connect, users can log into the online shop via their Facebook account.
Notice
Attention: The use of Facebook Connect is legally controversial, a clearly permissible data protection-compliant use of Facebook Connect is currently not possible, there remains a residual risk when using this single sign-on process.
A solution that minimizes the legal risk would be to implement the following procedure:
- As part of the login/registration process in connection with Facebook Connect, the explicit consent of the site visitor must be obtained. Such consent with a connected (not pre-checked) check box could look like this:
"I consent to data being automatically transmitted to the site operator and used by Facebook Connect. This applies to my profile details marked as public on Facebook, such as salutation, first name, last name, address data, country, e-mail address, date of birth, but also the user IDs of my friends, my profile pictures and my friends list. I have read the data protection declaration. I can revoke this consent at any time by sending an e-mail to the address given in the imprint."
Notes :
The above consent must be placed in the immediate vicinity of the Facebook Connect button; the Facebook Connect function must not be executable until consent has been given. In addition, the word "data protection declaration" in the above consent clause should be *linked+ to the page on which the data protection declaration can be accessed. Obtaining consent must be logged and stored . Whether this procedure would withstand legal proceedings can be determined with the last Certainty cannot be predicted with certainty as of the current jurisprudence, if you want to trade with complete certainty you must not use Facebook Connect!
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, for example, rental, work, agency, brokerage, partnership brokerage or travel agency contracts)
• Contracts for the supply of water, electricity, gas (by 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 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) as evidence (optional).
Caution: Before publishing this cancellation policy, you should carefully check whether it may contradict a cease-and-desist declaration that you 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. Guidance on 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 period 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 at most 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 stated delivery times apply and link to the new page for delivery times
Example:
"For deliveries to Germany. The delivery times for other countries and information on how to calculate 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 a table that shows you the additional delivery time that applies to other countries. If in doubt, it is better to enter a period that is too long than too short.
Example:
Information on 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 ship the items either 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, 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 one shipment, unless we have agreed otherwise with you. In this case, the delivery time that applies to the item in your order with the longest delivery time applies to the shipment as a whole.
Partial delivery (without additional shipping costs):
Information on 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 as part of an 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. Additional shipping costs do not apply.
5. Then please attach the following explanation for the calculation of the (latest) delivery date:
Information for calculating the delivery date
In the case of payment in advance, the period for delivery 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 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 your shipping company also delivers on Saturdays:
Information for calculating the delivery date
In the case of payment in advance, the period for delivery 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 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 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' e-mail addresses are to be passed on to one of the parcel service providers DHL, GLS, UPS, DPD or Hermes for the purpose of delivery coordination with the customer:
1. Instructions for making changes to your online presence if the email addresses of customers are to be passed on to the parcel service DHL for the purpose of delivery coordination with the customers:
Change in the context of the shop ordering process:
You may only pass on the e-mail address collected from the customer to a third party (here DHL) if you have obtained the express consent of the customer concerned to the transfer of his e-mail address!
This consent of the customer can be achieved through a corresponding explanation, which the customer expressly confirms in the course of the ordering process in your online shop by ticking the opt-in checkbox.
- Therefore, please add the following consent text (incl. check box) to the ordering process:
" [ ] I agree that my e-mail address or my phone number can be sent to
passed on to DHL (Deutsche Post AG, Charles-de-Gaulle-Straße 20, 53113 Bonn) so that DHL can coordinate a delivery date by email or telephone before the goods are delivered
Contact me or send status information about the delivery of the shipment. I can revoke the consent I have given in this regard at any time."
Please note that the check box must not be pre-checked! Reason: The customer must voluntarily and independently give their consent to the disclosure of their e-mail address!
2. Instructions for making changes to your online presence if the email addresses of customers are to be passed on to the parcel service GPS for the purpose of delivery coordination with the customers:
Change in the context of the shop ordering process:
You may only pass on the e-mail address collected from the customer to a third party (here GLS) if you have obtained the express consent of the customer concerned to the transfer of his e-mail address!
This consent of the customer can be achieved through a corresponding explanation, which the customer expressly confirms in the course of the ordering process in your online shop by ticking the opt-in checkbox.
- Therefore, please add the following consent text (including check box) to the ordering process:
" [ ] I agree that my e-mail address or telephone number
passed on to GLS (General Logistics Systems Germany GmbH & Co. OHG, GLS Germany-Strasse 1 - 7, 36286 Neuenstein), so that GLS can contact me by email or telephone before delivering the goods for the purpose of coordinating a delivery date or can transmit status information on shipment delivery. I can revoke the consent I have given in this regard at any time."
Please note that the check box must not be pre-checked! Reason: The customer must voluntarily and independently give their consent to the disclosure of their e-mail address!
3. Instructions for making changes to your online presence if customers' e-mail addresses are to be passed on to the parcel service UPS for the purpose of coordinating the delivery with the customer or for transmitting status information on the delivery
Change in the context of the shop ordering process:
You may only pass on the e-mail address collected from the customer to a third party (here UPS) if you have obtained the express consent of the customer concerned to the transfer of his e-mail address!
This consent of the customer can be achieved through a corresponding explanation, which the customer expressly confirms in the course of the ordering process in your online shop by ticking the opt-in checkbox.
- Therefore, please add the following consent text (incl. check box) to the ordering process:
" [ ] I consent to my e-mail address being passed on to UPS (United Parcel Service Deutschland Inc. & Co. OHG, Görlitzer Straße 1, 41460 Neuss) so that UPS can vote before delivering the goods of a delivery date by e-mail or telephone or to send status information about the delivery of the shipment. I can revoke the consent I have given in this regard at any time. Contact us using the contact details given in the imprint."
Please note that the check box must not be pre-checked! Reason: The customer must voluntarily and independently give their consent to the disclosure of their e-mail address!
4. Instructions for making changes to your online presence if customers' e-mail addresses are to be passed on to the parcel service provider DPD for the purpose of delivery coordination with the customer:
Change in the context of the shop ordering process: You may only pass on the e-mail address collected from the customer to a third party (here DPD) if you have obtained the express consent of the customer concerned to the transfer of his e-mail address!
This consent of the customer can be achieved through a corresponding explanation, which the customer expressly confirms in the course of the ordering process in your online shop by ticking the opt-in checkbox.
Therefore, please add the following consent text (including check box) to the order process:
"[ ] I consent to my e-mail address and telephone number being passed on to DPD (DPD Deutschland GmbH, Wailandtstrasse 1, 63741 Aschaffenburg) so that DPD can contact DPD before delivering the goods for the purpose of coordinating a delivery date by e-mail. I can contact me by e-mail or telephone or send status information about the delivery of the shipment. I can revoke my consent to this at any time."
Please note that the check box must not be pre-checked! Reason: The customer must voluntarily and independently give their consent to the disclosure of their e-mail address!
5. Instructions for making changes to your online presence if customers' email addresses are to be passed on to the parcel service provider Hermes for the purpose of coordinating the delivery with the customer or for transmitting the status information of the delivery consignment:
Change in the context of the shop ordering process:
You may only pass on the e-mail address collected from the customer to a third party (here Hermes) if you have obtained the express consent of the customer concerned to the transfer of his e-mail address!
This consent of the customer can be achieved through a corresponding explanation, which the customer expressly confirms in the course of the ordering process in your online shop by ticking the opt-in checkbox. -
Therefore, please add the following consent text (including check box) to the order process:
"[ ] I agree that my e-mail address or telephone number may be passed on to Hermes (Hermes Logistik Gruppe Deutschland GmbH, Essener Straße 89, 22419 Hamburg) so that Hermes can coordinate a decision before delivering the goods I can contact me by email or phone about the delivery date or send status information about the delivery of the shipment. I can revoke the consent I have given in this regard at any time."
Please note that the check box must not be pre-checked! Reason: The customer must voluntarily and independently give their consent to the disclosure of their e-mail address!
H. Action Guide for Battery Disposal Information
You have indicated to 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 given here
If you want to advertise with guarantees, you absolutely have to provide more detailed information on the guarantee conditions.
You can read about the details here:
https://www.protectedshops.de/infothek/glossar/garantiewerbung-auf-ebay
In principle, we advise against advertising with guarantees, as the structure is very complex. Get legal advice here!
Unfortunately, warnings are also currently being issued if manufacturer guarantees are in place and are not being addressed.
Although it has not yet been fully clarified legally whether this is necessary, but in order to prevent warnings in this regard, information about this guarantee would have to be given at least for products for which the existence of a manufacturer guarantee is obvious.
The manufacturer's warranty should offer the following information:
- Warranty period (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 geographical limitation of the guarantee (e.g. throughout Germany, Europe, worldwide)
- Note that the warranty rights are not restricted by the guarantee
- Information on how to claim the guarantee (What should the customer do?)
However, if the information provided by the manufacturer does not meet the legal requirements, one would adopt this as one's own, which also involves 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.
In the following, we offer you a sample of what 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 item may differ from the warranty provided by the manufacturer.
Therefore we cannot assume any liability for the given sample in this form.
2. Warranty Term
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 warranty period, the manufacturer offers to repair the goods free of charge or to replace them with an item of equal value.
However, the guarantee does not apply to damage caused by wear and tear, normal use, improper handling, use of force or your own attempts at repair.
To claim the warranty, you must contact the manufacturer:
XYZ Ltd
Model Street 123
12345 Model City
model country
You will receive documents from the manufacturer that allow you to return the product free of charge.
You must enclose a copy of the original invoice with the product 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 warranty is in addition to the buyer's other rights. 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 always contact us within the framework of your statutory warranty rights, regardless of whether a warranty case exists.