Instructions for the use of your legal texts and payment methods
Instructions for the use of your legal texts and payment methods
General
A. Instructions for the EU Commission’s online dispute resolution platform
B. Instructions for your general terms and conditions
C. Instructions for your privacy policy and data protection in general
1. Integration
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 on delivery deadlines
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 the customer:
1. Instructions for making changes to your online presence if customer email addresses are to be passed on to the parcel service provider DHL for the purpose of coordinating delivery with the customer:
2. Instructions for making changes to your online presence if customer email addresses are to be passed on to the parcel service provider UPS for the purpose of coordinating deliveries with customers or for transmitting delivery status information
3. Instructions for making changes to your online presence if customer email addresses are to be passed on to the parcel service provider DPD for the purpose of coordinating delivery with customers:
H. Instructions for information on battery disposal
I. Be careful with advertising guarantees!
J. Sample warranty conditions
1. Introduction
2. Warranty conditions
General
Please ensure that you always include the legal texts in their entirety and omit nothing. If possible, do not add anything, even without consulting a consultant.
If you omit, add, or modify individual parts, Protected Shops assumes no liability for any resulting damages.
A. Instructions for the EU Commission’s online dispute resolution platform
As you have already read here , since January 9, 2016, you have been required to provide a link to the EU Commission's online dispute resolution platform.
The link must be clickable.
How this is achieved can vary 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, including customer information, have been 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 do not apply to contracts for services (such as rental, work, agency, brokerage, partnership or travel agency contracts)!
They may also not be used for internet platforms such as eBay, Amazon or other platforms, as there is a considerable risk of warnings.
You must also send these General Terms and Conditions and customer information to your customers in text form (email, fax or letter).
This can best be done in the initial contact email that you send to the customer after receiving the order.
A transmission in the delivery of goods (for example on the back of the invoice) can also be made.
The general terms and conditions with customer information should be included in the online shop under a separate link "General Terms and Conditions & Customer Information".
Check the publication of these terms and conditions with customer information to see if they contradict any cease-and-desist declarations you may have made in the past. If in doubt, seek legal advice.
C. Instructions for your privacy policy and data protection in general
1. Integration
Please maintain 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 simply informing your customer of this privacy policy is not enough to consent to receiving the newsletter. The customer must explicitly declare at some point that they consent to the use of their email address for such purposes.
This is usually done through a checkbox that is integrated into the ordering process or separately.
The declaration text must make it clear which products or services of which companies the consent specifically covers.
You can use the following sentence:
"Please send me information about the following product range by email on a regular basis (revocable at any time) in accordance with your privacy policy: [LIST OF THE PRODUCT GROUPS YOU SELL]"
Please note that only the "double opt-in" method is legally suitable for obtaining the recipient's consent in a verifiable manner. 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 required if the following conditions are met:
We also recommend including the following clearly legible text in the ordering process:
"In addition to processing your order, we use your email address to send you information about our own similar goods/(services). You can withdraw your consent to the use of your email address for this purpose at any time without incurring any costs other than the transmission costs according to the basic rates. If you do not wish to receive further advertising, please inform us by email to the following address: « Please enter your email address here » or click on the link « Please insert the name of the link, e.g. "Unsubscribe" » at the end of the newsletter."
Your customer must also be informed about this unsubscribe option in every email!
Since the distinction between "similar" goods is often very difficult and blurred, we generally recommend sending newsletters only after consent has been obtained.
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 functioning opt-out cookie, a mechanism must be implemented using specific JavaScript code that prevents data collection when an opt-out cookie is activated.
This JavaScript 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 tracking code, which was assigned to you by Google.
Google also provides instructions for programmatically preventing 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 enter into 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 the use of Facebook's conversion tracking technology very likely involves linking user data from external websites with Facebook user profile data, user consent is required before loading the corresponding "Facebook Pixel" code on your site!
It is therefore important to note that users must be informed about the use of conversion tracking and must agree to it before a corresponding tracking code is used.
This requires either the code to be dynamically reloaded or a page reload to occur. We recommend integrating the information and consent request into a corresponding pop-up or banner on the provider's website, which either reloads dynamically after the user has given their consent or initiates a page reload and only then executes the cookie.
The explicit requirement for consent can be met by means of a " consent button " within the pop-up or banner.
It is important that the user be informed about the specific conversion tracking process as part of their consent form. This information can be integrated either into the pop-up or banner or included in the privacy policy, which must then be referenced in the pop-up or banner.
In our opinion, a reference to the privacy policy seems preferable, since a full 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:
"This website uses the Facebook pixel from Facebook for statistical purposes. Cookies allow us to track how our marketing efforts on Facebook are received and improved. We would be very pleased if you consent to this. Information about the "Facebook pixel," cookies, and your right of objection can be found in our privacy policy [-> link to our own privacy policy]."
Within the pop-up or banner, below the above text, there is also the button
"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 website visitor must be informed of the use of cookies by the website at the beginning of the page visit via a clearly visible banner/bar at the top or bottom of the website and informed that the website operator assumes the user's consent if they then continue to use the website.
"This website uses cookies to analyze website traffic/marketing activities.
By continuing to use the website, you agree to this use.
Information about cookies and your right to object"
The section "Information about cookies and your right to object" must then be linked to the privacy policy.
D. Instructions for your cancellation policy
The cancellation policy may only be used in connection with a distance selling contract in electronic commerce for the delivery of goods.
However, this cancellation policy is not suitable for contracts with the following contents:
• Contracts for the sale of real estate or rights equivalent to real estate
• Contracts for services (which include rental, work, agency, brokerage, partnership or travel agency contracts)
• Contracts for the supply of water, electricity, gas (by unlimited volume or unlimited quantity) or district heating
• Contracts for the supply of digital content that is not supplied on a physical data carrier
• Subscription contracts
• Purchase on approval within the meaning of Section 454 of the German Civil Code (BGB).
You must also send your customers the cancellation policy, including the cancellation form, in text form (email, fax, or letter). We recommend including the cancellation policy in the initial contact email you send to the customer after receiving the order. It can also be included with the delivery of goods (e.g., on the back of the invoice) for evidential purposes (optional).
Caution: Before publishing this cancellation policy, you should carefully check whether it might conflict with a cease-and-desist declaration you previously made! If you're unsure, seek legal advice!
E. Instructions for your payment methods
No special actions are required for the payment methods you have specified
F. Instructions on delivery deadlines
You are obliged to inform the consumer about the duration, start and expiry of the delivery period, within which the consumer can expect to receive the goods in any case.
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 delivery, indicate the changed delivery times
Example:
Delivery time: Standard maximum 5 days, Express in 1 day*
2. Add a breakdown of the asterisk information to the footer of each offer page. Here, clarify which countries the specified delivery times apply to and link to the new delivery page.
Example:
"For deliveries to Germany. Delivery times for other countries and information on calculating the delivery date can be found here
3. Provide a separate information page detailing the maximum additional delivery times for other countries.
It's most useful to have a table that indicates the additional delivery time for other countries. If in doubt, it's better to specify a time period that's too long than too short.
Example:
Information on delivery times
The following table shows the delivery times for shipping to other countries, which you must add to the delivery time specified for each 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 in one shipment or in several shipments (partial deliveries), depending on availability.
Example:
Joint broadcast :
Information on delivery times
The following table shows the delivery times for shipping to other countries, which you must add to the delivery time specified for each item.
Country | Additional maximum duration in days
Austria | 2
Switzerland | 3
Italy | 5
etc.
If you order multiple items from us in one order, each with different delivery times, we will ship the goods in one shipment unless we have agreed otherwise. In this case, the delivery time for the item in your order with the longest delivery time will apply to the entire shipment.
Partial delivery (without additional shipping costs):
Information on delivery times
The following table shows the delivery times for shipping to other countries, which you must add to the delivery time specified for each item.
Country | Additional maximum duration in days
Austria | 2
Switzerland | 3
Italy | 5
etc.
If you order multiple items from us in one order, each with different delivery times, we will ship the goods in multiple shipments, depending on availability. The delivery times specified for each item will apply. No additional shipping costs will be charged.
5. Please attach the following explanation for calculating the (latest) delivery date:
Information on calculating the delivery date
The delivery period begins on the day after the payment order is issued to the transferring bank for advance payment or, for other payment methods, on the day after the contract is concluded, and ends on the last day of the delivery period. If the last day of the delivery period falls on a Saturday, Sunday, or a public holiday recognized by the state at the place of delivery, the next business day shall take the place of such a day.
or, if your shipping company also delivers on Saturdays:
Information on calculating the delivery date
The delivery period begins on the day after the payment order is issued to the transferring bank for advance payment or, for other payment methods, on the day after the contract is concluded, and ends on the last day of the delivery period. If the last day of the delivery period falls on a Sunday or a public holiday recognized by the state at the place of delivery, the next business day shall take the place of such a 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 the customer:
1. Instructions for making changes to your online presence if customer email addresses are to be passed on to the parcel service provider DHL for the purpose of coordinating delivery with the customer:
Changes to the shop order process:
You may only pass on the email address collected from the customer to a third party (here DHL) if you have obtained the express consent of the customer concerned to pass on his or her email address!
This consent of the customer can be achieved through a corresponding declaration text, which the customer expressly confirms during the ordering process in your online shop by ticking an opt-in checkbox.
- Please therefore include the following consent text (including checkbox) in the order process:
" [ ] I agree that my email address or my telephone number may be sent to
to DHL (Deutsche Post AG, Charles-de-Gaulle-Straße 20, 53113 Bonn) so that DHL can contact you by email or telephone before delivery of the goods for the purpose of coordinating a delivery date
Contact me or send me status information about shipment delivery. I can revoke my consent at any time.
Please note that the checkbox must not be pre-checked! Reason: The customer must voluntarily and independently consent to the sharing of their email address.
2. Instructions for making changes to your online presence if customer email addresses are to be passed on to the parcel service provider UPS for the purpose of coordinating deliveries with customers or for transmitting delivery status information
Changes to the shop order process:
You may only pass on the email address collected from the customer to a third party (here UPS) if you have obtained the express consent of the customer concerned to pass on his or her email address!
This consent of the customer can be achieved through a corresponding declaration text, which the customer expressly confirms during the ordering process in your online shop by ticking an opt-in checkbox.
- Please therefore include the following consent text (including checkbox) in the order process:
"[ ] I agree that my email address may be passed on to UPS (United Parcel Service Deutschland Inc. & Co. OHG, Görlitzer Straße 1, 41460 Neuss) so that UPS can contact me by email or telephone before delivery of the goods for the purpose of coordinating a delivery date or to provide status information on the shipment delivery. I can revoke my consent given in this regard at any time. To do so, please contact us using the contact details provided in the imprint."
Please note that the checkbox must not be pre-checked! Reason: The customer must voluntarily and independently consent to the sharing of their email address.
3. Instructions for making changes to your online presence if customer email addresses are to be passed on to the parcel service provider DPD for the purpose of coordinating delivery with customers:
Changes during the shop order 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 of the customer can be achieved through a corresponding declaration text, which the customer expressly confirms during the ordering process in your online shop by ticking an opt-in checkbox.
Please therefore include the following consent text (including checkbox) in the order process:
"[ ] I agree that my email address and telephone number may be passed on to DPD (DPD Deutschland GmbH, Wailandtstraße 1, 63741 Aschaffenburg) so that DPD can contact me by email or telephone before delivery of the goods for the purpose of coordinating a delivery date or providing status information on the shipment delivery. I can revoke my consent in this regard at any time."
Please note that the checkbox must not be pre-checked! Reason: The customer must voluntarily and independently consent to the sharing of their email address.
H. Instructions for information on battery disposal
You have stated to us that you do not sell any products containing batteries or batteries themselves.
I. Be careful with advertising guarantees!
Particular caution is advised when advertising guarantees. This often leads to warnings.
If you want to advertise guarantees, you must provide detailed information about the guarantee conditions.
You can read more details here:
https://www.protectedshops.de/infothek/glossar/garantiewerbung-auf-ebay
We generally advise against advertising guarantees, as the details are very complex. We recommend seeking legal advice!
Unfortunately, warnings are currently also being issued when manufacturer warranties exist and are not honored.
Although it is not yet legally clear whether this is necessary 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 should provide the following information:
However, if the manufacturer's information does not meet the legal requirements, this would constitute the manufacturer's own responsibility, which also carries the risk of a warning.
J. Sample warranty conditions
1. Introduction
IMPORTANT
We ask for your understanding that due to the high degree of individuality of manufacturer warranties, we cannot provide fixed warranty conditions in this form.
Below we offer you a sample of what such a warranty condition might look like.
However, this cannot be used without further ado, but 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 even in this form.
2. Warranty conditions
The manufacturer XYZ GmbH provides a manufacturer's warranty for the advertised product for a period of two years from the date of purchase. This warranty is valid throughout Europe.
If a product develops material or manufacturing defects during the warranty period, the manufacturer offers to repair the product free of charge or replace it with an equivalent item, at its discretion.
However, the warranty does not apply to damage caused by wear and tear, normal use, improper handling, the use of force, or attempts at repair by the user.
To claim the warranty, you must contact the manufacturer:
XYZ GmbH
Musterstrasse 123
12345 Musterstadt
Model country
You will receive documentation from the manufacturer that allows for free return shipping.
You must include a copy of the original receipt with the product to prove the date of purchase. Please ensure that the goods are packaged in a way that prevents damage during transport.
This warranty applies in addition to the buyer's other rights. The buyer's statutory rights, in particular warranty or product liability, are not affected by this warranty. They apply without restriction alongside this warranty.
If the purchased goods have a defect, you can therefore contact us in any case within the scope of your statutory warranty rights, regardless of whether a warranty case exists.
General
A. Instructions for the EU Commission’s online dispute resolution platform
B. Instructions for your general terms and conditions
C. Instructions for your privacy policy and data protection in general
1. Integration
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 on delivery deadlines
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 the customer:
1. Instructions for making changes to your online presence if customer email addresses are to be passed on to the parcel service provider DHL for the purpose of coordinating delivery with the customer:
2. Instructions for making changes to your online presence if customer email addresses are to be passed on to the parcel service provider UPS for the purpose of coordinating deliveries with customers or for transmitting delivery status information
3. Instructions for making changes to your online presence if customer email addresses are to be passed on to the parcel service provider DPD for the purpose of coordinating delivery with customers:
H. Instructions for information on battery disposal
I. Be careful with advertising guarantees!
J. Sample warranty conditions
1. Introduction
2. Warranty conditions
General
Please ensure that you always include the legal texts in their entirety and omit nothing. If possible, do not add anything, even without consulting a consultant.
If you omit, add, or modify individual parts, Protected Shops assumes no liability for any resulting damages.
A. Instructions for the EU Commission’s online dispute resolution platform
As you have already read here , since January 9, 2016, you have been required to provide a link to the EU Commission's online dispute resolution platform.
The link must be clickable.
How this is achieved can vary 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, including customer information, have been 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 do not apply to contracts for services (such as rental, work, agency, brokerage, partnership or travel agency contracts)!
They may also not be used for internet platforms such as eBay, Amazon or other platforms, as there is a considerable risk of warnings.
You must also send these General Terms and Conditions and customer information to your customers in text form (email, fax or letter).
This can best be done in the initial contact email that you send to the customer after receiving the order.
A transmission in the delivery of goods (for example on the back of the invoice) can also be made.
The general terms and conditions with customer information should be included in the online shop under a separate link "General Terms and Conditions & Customer Information".
Check the publication of these terms and conditions with customer information to see if they contradict any cease-and-desist declarations you may have made in the past. If in doubt, seek legal advice.
C. Instructions for your privacy policy and data protection in general
1. Integration
Please maintain 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 simply informing your customer of this privacy policy is not enough to consent to receiving the newsletter. The customer must explicitly declare at some point that they consent to the use of their email address for such purposes.
This is usually done through a checkbox that is integrated into the ordering process or separately.
The declaration text must make it clear which products or services of which companies the consent specifically covers.
You can use the following sentence:
"Please send me information about the following product range by email on a regular basis (revocable at any time) in accordance with your privacy policy: [LIST OF THE PRODUCT GROUPS YOU SELL]"
Please note that only the "double opt-in" method is legally suitable for obtaining the recipient's consent in a verifiable manner. 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 required if the following conditions are met:
- You have received your customer’s email address in connection with the sale of a product or service and
- You will use this email address solely 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 the data was used that he or she can withdraw his or her consent to the use of the data at any time without incurring any costs other than the transmission costs according to the basic rates.
We also recommend including the following clearly legible text in the ordering process:
"In addition to processing your order, we use your email address to send you information about our own similar goods/(services). You can withdraw your consent to the use of your email address for this purpose at any time without incurring any costs other than the transmission costs according to the basic rates. If you do not wish to receive further advertising, please inform us by email to the following address: « Please enter your email address here » or click on the link « Please insert the name of the link, e.g. "Unsubscribe" » at the end of the newsletter."
Your customer must also be informed about this unsubscribe option in every email!
Since the distinction between "similar" goods is often very difficult and blurred, we generally recommend sending newsletters only after consent has been obtained.
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 functioning opt-out cookie, a mechanism must be implemented using specific JavaScript code that prevents data collection when an opt-out cookie is activated.
This JavaScript 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 tracking code, which was assigned to you by Google.
Google also provides instructions for programmatically preventing 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 enter into 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 the use of Facebook's conversion tracking technology very likely involves linking user data from external websites with Facebook user profile data, user consent is required before loading the corresponding "Facebook Pixel" code on your site!
It is therefore important to note that users must be informed about the use of conversion tracking and must agree to it before a corresponding tracking code is used.
This requires either the code to be dynamically reloaded or a page reload to occur. We recommend integrating the information and consent request into a corresponding pop-up or banner on the provider's website, which either reloads dynamically after the user has given their consent or initiates a page reload and only then executes the cookie.
The explicit requirement for consent can be met by means of a " consent button " within the pop-up or banner.
It is important that the user be informed about the specific conversion tracking process as part of their consent form. This information can be integrated either into the pop-up or banner or included in the privacy policy, which must then be referenced in the pop-up or banner.
In our opinion, a reference to the privacy policy seems preferable, since a full 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:
"This website uses the Facebook pixel from Facebook for statistical purposes. Cookies allow us to track how our marketing efforts on Facebook are received and improved. We would be very pleased if you consent to this. Information about the "Facebook pixel," cookies, and your right of objection can be found in our privacy policy [-> link to our own privacy policy]."
Within the pop-up or banner, below the above text, there is also the button
"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 website visitor must be informed of the use of cookies by the website at the beginning of the page visit via a clearly visible banner/bar at the top or bottom of the website and informed that the website operator assumes the user's consent if they then continue to use the website.
"This website uses cookies to analyze website traffic/marketing activities.
By continuing to use the website, you agree to this use.
Information about cookies and your right to object"
The section "Information about cookies and your right to object" must then be linked to the privacy policy.
D. Instructions for your cancellation policy
The cancellation policy may only be used in connection with a distance selling contract in electronic commerce for the delivery of goods.
However, this cancellation policy is not suitable for contracts with the following contents:
• Contracts for the sale of real estate or rights equivalent to real estate
• Contracts for services (which include rental, work, agency, brokerage, partnership or travel agency contracts)
• Contracts for the supply of water, electricity, gas (by unlimited volume or unlimited quantity) or district heating
• Contracts for the supply of digital content that is not supplied on a physical data carrier
• Subscription contracts
• Purchase on approval within the meaning of Section 454 of the German Civil Code (BGB).
You must also send your customers the cancellation policy, including the cancellation form, in text form (email, fax, or letter). We recommend including the cancellation policy in the initial contact email you send to the customer after receiving the order. It can also be included with the delivery of goods (e.g., on the back of the invoice) for evidential purposes (optional).
Caution: Before publishing this cancellation policy, you should carefully check whether it might conflict with a cease-and-desist declaration you previously made! If you're unsure, seek legal advice!
E. Instructions for your payment methods
No special actions are required for the payment methods you have specified
F. Instructions on delivery deadlines
You are obliged to inform the consumer about the duration, start and expiry of the delivery period, within which the consumer can expect to receive the goods in any case.
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 delivery, indicate the changed delivery times
Example:
Delivery time: Standard maximum 5 days, Express in 1 day*
2. Add a breakdown of the asterisk information to the footer of each offer page. Here, clarify which countries the specified delivery times apply to and link to the new delivery page.
Example:
"For deliveries to Germany. Delivery times for other countries and information on calculating the delivery date can be found here
3. Provide a separate information page detailing the maximum additional delivery times for other countries.
It's most useful to have a table that indicates the additional delivery time for other countries. If in doubt, it's better to specify a time period that's too long than too short.
Example:
Information on delivery times
The following table shows the delivery times for shipping to other countries, which you must add to the delivery time specified for each 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 in one shipment or in several shipments (partial deliveries), depending on availability.
Example:
Joint broadcast :
Information on delivery times
The following table shows the delivery times for shipping to other countries, which you must add to the delivery time specified for each item.
Country | Additional maximum duration in days
Austria | 2
Switzerland | 3
Italy | 5
etc.
If you order multiple items from us in one order, each with different delivery times, we will ship the goods in one shipment unless we have agreed otherwise. In this case, the delivery time for the item in your order with the longest delivery time will apply to the entire shipment.
Partial delivery (without additional shipping costs):
Information on delivery times
The following table shows the delivery times for shipping to other countries, which you must add to the delivery time specified for each item.
Country | Additional maximum duration in days
Austria | 2
Switzerland | 3
Italy | 5
etc.
If you order multiple items from us in one order, each with different delivery times, we will ship the goods in multiple shipments, depending on availability. The delivery times specified for each item will apply. No additional shipping costs will be charged.
5. Please attach the following explanation for calculating the (latest) delivery date:
Information on calculating the delivery date
The delivery period begins on the day after the payment order is issued to the transferring bank for advance payment or, for other payment methods, on the day after the contract is concluded, and ends on the last day of the delivery period. If the last day of the delivery period falls on a Saturday, Sunday, or a public holiday recognized by the state at the place of delivery, the next business day shall take the place of such a day.
or, if your shipping company also delivers on Saturdays:
Information on calculating the delivery date
The delivery period begins on the day after the payment order is issued to the transferring bank for advance payment or, for other payment methods, on the day after the contract is concluded, and ends on the last day of the delivery period. If the last day of the delivery period falls on a Sunday or a public holiday recognized by the state at the place of delivery, the next business day shall take the place of such a 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 the customer:
1. Instructions for making changes to your online presence if customer email addresses are to be passed on to the parcel service provider DHL for the purpose of coordinating delivery with the customer:
Changes to the shop order process:
You may only pass on the email address collected from the customer to a third party (here DHL) if you have obtained the express consent of the customer concerned to pass on his or her email address!
This consent of the customer can be achieved through a corresponding declaration text, which the customer expressly confirms during the ordering process in your online shop by ticking an opt-in checkbox.
- Please therefore include the following consent text (including checkbox) in the order process:
" [ ] I agree that my email address or my telephone number may be sent to
to DHL (Deutsche Post AG, Charles-de-Gaulle-Straße 20, 53113 Bonn) so that DHL can contact you by email or telephone before delivery of the goods for the purpose of coordinating a delivery date
Contact me or send me status information about shipment delivery. I can revoke my consent at any time.
Please note that the checkbox must not be pre-checked! Reason: The customer must voluntarily and independently consent to the sharing of their email address.
2. Instructions for making changes to your online presence if customer email addresses are to be passed on to the parcel service provider UPS for the purpose of coordinating deliveries with customers or for transmitting delivery status information
Changes to the shop order process:
You may only pass on the email address collected from the customer to a third party (here UPS) if you have obtained the express consent of the customer concerned to pass on his or her email address!
This consent of the customer can be achieved through a corresponding declaration text, which the customer expressly confirms during the ordering process in your online shop by ticking an opt-in checkbox.
- Please therefore include the following consent text (including checkbox) in the order process:
"[ ] I agree that my email address may be passed on to UPS (United Parcel Service Deutschland Inc. & Co. OHG, Görlitzer Straße 1, 41460 Neuss) so that UPS can contact me by email or telephone before delivery of the goods for the purpose of coordinating a delivery date or to provide status information on the shipment delivery. I can revoke my consent given in this regard at any time. To do so, please contact us using the contact details provided in the imprint."
Please note that the checkbox must not be pre-checked! Reason: The customer must voluntarily and independently consent to the sharing of their email address.
3. Instructions for making changes to your online presence if customer email addresses are to be passed on to the parcel service provider DPD for the purpose of coordinating delivery with customers:
Changes during the shop order 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 of the customer can be achieved through a corresponding declaration text, which the customer expressly confirms during the ordering process in your online shop by ticking an opt-in checkbox.
Please therefore include the following consent text (including checkbox) in the order process:
"[ ] I agree that my email address and telephone number may be passed on to DPD (DPD Deutschland GmbH, Wailandtstraße 1, 63741 Aschaffenburg) so that DPD can contact me by email or telephone before delivery of the goods for the purpose of coordinating a delivery date or providing status information on the shipment delivery. I can revoke my consent in this regard at any time."
Please note that the checkbox must not be pre-checked! Reason: The customer must voluntarily and independently consent to the sharing of their email address.
H. Instructions for information on battery disposal
You have stated to us that you do not sell any products containing batteries or batteries themselves.
I. Be careful with advertising guarantees!
Particular caution is advised when advertising guarantees. This often leads to warnings.
If you want to advertise guarantees, you must provide detailed information about the guarantee conditions.
You can read more details here:
https://www.protectedshops.de/infothek/glossar/garantiewerbung-auf-ebay
We generally advise against advertising guarantees, as the details are very complex. We recommend seeking legal advice!
Unfortunately, warnings are currently also being issued when manufacturer warranties exist and are not honored.
Although it is not yet legally clear whether this is necessary 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 should provide the following information:
- Warranty validity period (How long can it be used?)
- Name and address of the guarantor
- Description of the warranty content (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 guarantee does not limit the warranty rights
- Information on claiming the guarantee (How must the customer proceed?)
However, if the manufacturer's information does not meet the legal requirements, this would constitute the manufacturer's own responsibility, which also carries the risk of a warning.
J. Sample warranty conditions
1. Introduction
IMPORTANT
We ask for your understanding that due to the high degree of individuality of manufacturer warranties, we cannot provide fixed warranty conditions in this form.
Below we offer you a sample of what such a warranty condition might look like.
However, this cannot be used without further ado, but 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 even in this form.
2. Warranty conditions
The manufacturer XYZ GmbH provides a manufacturer's warranty for the advertised product for a period of two years from the date of purchase. This warranty is valid throughout Europe.
If a product develops material or manufacturing defects during the warranty period, the manufacturer offers to repair the product free of charge or replace it with an equivalent item, at its discretion.
However, the warranty does not apply to damage caused by wear and tear, normal use, improper handling, the use of force, or attempts at repair by the user.
To claim the warranty, you must contact the manufacturer:
XYZ GmbH
Musterstrasse 123
12345 Musterstadt
Model country
You will receive documentation from the manufacturer that allows for free return shipping.
You must include a copy of the original receipt with the product to prove the date of purchase. Please ensure that the goods are packaged in a way that prevents damage during transport.
This warranty applies in addition to the buyer's other rights. The buyer's statutory rights, in particular warranty or product liability, are not affected by this warranty. They apply without restriction alongside this warranty.
If the purchased goods have a defect, you can therefore contact us in any case within the scope of your statutory warranty rights, regardless of whether a warranty case exists.