Instructions for using your legal texts and payment methods
Instructions for the use of your legal texts and your payment methods
General
A Instructions for action on the EU Commission's online dispute resolution platform
b. Instructions for your general terms and conditions
C Instructions for your data protection declaration and data protection in general
1. 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 for delivery times
G. Instructions for making changes to your online presence if customer email addresses are to be passed on to one of the parcel service providers DHL, GLS, UPS, DPD or Hermes for the purpose of coordinating delivery with customers:
1. Instructions for making changes to your online presence if customers' email addresses are to be passed on to the parcel service provider DHL for the purpose of coordinating deliveries with customers:
2. Instructions for making changes to your online presence if customers' email addresses are to be passed on to the parcel service provider DPD for the purpose of coordinating deliveries with customers:
H. Instructions for information on battery disposal
I Be careful with advertising with guarantees!
J. Sample warranty conditions
1. Introduction
2. Guarantee condition
General
Please ensure that you always use the legal texts in full and do not leave anything out. If possible, do not add anything, and not without advice.
If you omit, add or change individual parts yourself, Protected Shops assumes no liability for you as a result. resulting damage.
A Instructions for action on the EU Commission's online dispute resolution platform
As you have already read <url>https://www.protectedshops.de/infothek/whitepaper/verbraucherstreitbeilegung-neue-pflichten-fuer-onlinehaendler-ab-01-02-2017
, you have to do so since September 9th.01.In 2016, a link to the EU Commission's online dispute resolution platform was available.
The link must be clickable.
How this is to be implemented can differ from shop system to shop system.
Therefore we cannot provide any technical instructions here.
The normal HTML command would be:
http://ec.europa.eu/consumers/odr
B. Instructions for your general terms and conditions
These terms and conditions with customer information have been created and designed exclusively for your own online shop (webshop) . They may only be used for contracts for delivery of goods.
These general terms and conditions with customer information are not applicable to contracts for services (such as rental, work, agency, broker, partnership or travel agency contracts)!
They may also not be applicable to internet platforms such as eBay, Amazon or other platforms can be used, otherwise there is a considerable risk of warnings.
You must also send these general terms and conditions with customer information to your customers in text form (e-mail, fax or letter).
This can best be done in the initial contact email that you send to the customer after receiving the order.
It can also be sent in the delivery of goods (e.g. on the back of the invoice).
The general terms and conditions with customer information should be entered in the online shop under a separate link "Terms and Conditions & Customer Information".
Check the publication of these terms and conditions with customer information to see whether they may be applicable. 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. Integration
Please maintain the data protection declaration under a separate link “Data protection declaration”.
2. Advertising with newsletters
With the express consent of the customer (= the customer registers for the newsletter)
Please note that simply informing your customer of this data protection declaration is not sufficient for consent to receive the newsletter. The customer must expressly declare at one point that he agrees to the use of his email address for such purposes.
This is usually done through a checkbox that is integrated into the ordering process or separately.
The text of the declaration must indicate which products or services from which companies are specifically covered by the consent.
You can use the following sentence:
"In accordance with your data protection declaration, please regularly (revocable at any time) send me information about the following product range by email: [LIST OF THE GROUP OF GOODS SOLD BY YOU] "
Please note that only the "double opt-in" method is suitable in the legal sense to provably obtain the recipient's consent. Only send newsletters after your customer has confirmed the double opt-in!
2.1 You can also send a newsletter without your customer’s express consent.
Such express consent to send the newsletter is only not necessary if the following conditions are met:
We also recommend including the following text in the ordering process in a legible manner:
"In addition to processing your order, we use your email address to send information about our own similar goods/services ). You can object to the use of your email address for this purpose at any time without incurring any costs other than the transmission costs according to the basic rates. If you do not wish to receive further advertising, please let us know by email to the following address: « Please insert your email address here » or click on the link « please insert the name of the link, e.g.b. "Unsubscribe" » at the end of the newsletter "
Your customer must also be informed about this option to unsubscribe in every email!
Because the distinction between "similar" goods is often very difficult and blurred , we generally only recommend sending the newsletter after consent.
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 functioning opt-out cookie, a mechanism must be implemented using specific Java script code. which prevents data collection when an opt-out cookie is activated.
This Java script code must always be integrated into the source code of the respective website before the actual analytics code.
- Das Script lautet wie folgt:
- Hinweis:
Ersetzen Sie 'UA-XXXXXX-Y’ mit Ihrem, von Google individuell vergebenen Tracking-Code.
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: Keep Be sure to keep a copy of the contract for evidence purposes.
4. Declaration of consent when using Facebook’s conversion tracking technology (“Facebook Pixel”)
Since it is very likely that user data from external websites will be linked to Facebook user profile data when using Facebook's conversion tracking technology, user consent must be obtained before loading the corresponding "Facebook Pixel" code on your site t1> required!
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 reloaded dynamically or that a page reload occurs. We recommend integrating the instruction and consent request using a corresponding pop-up or banner on the provider's website, which is dynamically reloaded after the user has given consent or a page reload initiates and only then executes the cookie.
The requirement for explicit consent can be met via a “Consent button” as part of the pop-up or Banners are taken into account.
It is important that the user must be informed about the specific conversion tracking procedure as part of his declaration of consent. It is possible to place the instructions either in the pop-up or Integrate banners or include them in the data protection declaration, which can then be accessed in the pop-up or Banner must be referenced.
In our opinion, the reference to the data protection declaration appears to be preferable, as a complete explanation of the dimensions of the pop-up window or Banners would expand unnecessarily and are also likely to confuse the user with an excess of text and information.
We recommend using the pop-up or to design the banner as follows:
"On this website, the Facebook pixel is used by Facebook for statistical purposes. A cookie can be used to track how our marketing measures on Facebook can be recorded and improved. We would be very pleased if you agreed to this.Information about the “Facebook pixel”, cookies and your right to object can be found in our data protection declaration [-> link to your own data protection declaration]."
Within the pop-up or Banner, the button
"I agree to the use of the Facebook pixel"
must be inserted below the aforementioned text.
5. Use of cookies for advertising, tracking and analysis purposes
If you use cookies for advertising, tracking and analysis purposes, the site visitor must be informed of the website's use of cookies via a clearly visible banner/bar at the top or bottom of the website at the beginning of the page visit and informed that the operator of the website assumes the user's consent if he then continues to use the website.
"This website uses cookies to analyze website access/marketing activities.
By continuing to use the website, you agree to this use.
Information about cookies and your option to object"
The passage "Information about cookies and your option to object" must then be linked to the data protection declaration.
D. Instructions for your cancellation policy
The cancellation policy may only be used in connection with a distance contract in electronic commerce for the delivery of goods.
On the other hand, this cancellation policy is not suitable for contracts with the following content:
• Contracts for the sale of land or rights equivalent to land
• Contracts for services (which include, for example, rental, work and , agency, broker, partnership or travel agency contracts count)
• Contracts for the supply of water, electricity, gas (according to an unlimited volume or unlimited quantity) or district heating
• Contracts for the delivery of digital content that are not delivered on a physical data carrier
• Subscription contracts
• Trial purchase 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 (e-mail, fax or letter). We recommend that you include the cancellation policy in the initial contact email that you send to the customer after receipt of the order. In addition, it can be attached to the delivery of goods (e.g. on the back of the invoice) for evidentiary purposes (optional).
Attention: Before publishing this cancellation policy, you should check carefully whether it contradicts a cease-and-desist declaration that you have previously made! Are you unsure? Get legal advice!
E. Instructions for your payment methods
No special actions are necessary for the payment methods you specified
F. Instructions for delivery times
You are obliged to inform the consumer about the duration, start and expiry of the delivery period, within which the consumer can in any case expect receipt of the goods.
We recommend the following procedure:
1. Please indicate the respective delivery time for shipping within Germany for each item 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 If you also offer express shipping, indicate the changed delivery times
Example:
Delivery time: standard maximum 5 days, express in 1 day*
2. Include a resolution of the asterisk notice in the footer of each landing page. Here you clarify which countries the specified delivery times apply to and link to the new page for delivery times
Example:
"For deliveries to Germany. The delivery times for other countries and the information on calculating the delivery date can be found here
3. Show the maximum additional delivery times for other countries on a separate information page.
The most useful thing is to have a table showing the additional delivery time that occurs for other countries. If in doubt, it is better to specify a time period that is too long rather than too short.
Example:
Information about delivery times
In the table below you will find the delivery times for shipping to other countries, which you must add to the delivery time specified for the respective item .
Country | Additional maximum duration in days
Austria | 2
Switzerland | 3
Italy | 5
etc.
4.
When ordering multiple items, it depends on whether you send the items either in one shipment or in several shipments (partial deliveries), depending on availability.
Example:
Joint shipment:
Information about delivery times
In the table below you will find the delivery times for shipping to other countries must be added to the delivery time stated for the respective item.
Country | Additional maximum duration in days
Austria | 2
Switzerland | 3
Italy | 5
etc.
If you order several items from us in one order that have different delivery times, we will send the goods in one shipment, unless we have agreed otherwise with you. In this case, the overall delivery time for the item in your order with the longest delivery time applies to the shipment of goods.
Partial delivery (without additional shipping costs):
Information about delivery times
In the table below you will find the delivery times for shipping to other countries, which you must add to the delivery time stated for the respective item.
Country | Additional maximum duration in days
Austria | 2
Switzerland | 3
Italy | 5
etc.
If you order several items from us in one order, for which different delivery times apply, we will send the goods in several partial shipments, depending on availability, for which the delivery times specified for the respective item apply. There are no additional shipping costs.
5. Please then attach the following statement on how to calculate the (latest) delivery date:
Information on how to calculate 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 credit institution or for other payment methods, it runs on the day after the contract is concluded and ends at the end of the last day of the deadline. If the last day of the deadline falls on a Saturday, Sunday or a public holiday recognized by the state at the place of delivery, such a day will be replaced by the next working day.
or, if your shipping company also delivers on Saturdays:
Information on calculating the delivery date
The deadline for delivery begins with payment in advance on the day after the payment order was issued to the transferring credit institution or for other payment methods, it runs on the day after the contract is concluded and ends at the end of the last day of the deadline. If the last day of the deadline falls on a Sunday or a public holiday recognized by the state at the place of delivery, such a day will be replaced by the next working day.
G. Instructions for making changes to your online presence if customer email addresses are to be passed on to one of the parcel service providers DHL, GLS, UPS, DPD or Hermes for the purpose of coordinating delivery with customers:
1. Instructions for making changes to your online presence if customers' email addresses are to be passed on to the parcel service provider DHL for the purpose of coordinating deliveries with customers:
Changes as part of the shop ordering process:
You may only pass on the email address collected from the customer to a third party (here DHL) if you have the express consent of the customer concerned to pass on his email. You have obtained your email address!
This consent from the customer can be achieved through a corresponding explanatory text, which the customer expressly confirms during the ordering process in your online shop by ticking the opt-in checkbox.
- Please add the following consent text in the ordering process (incl. Check box):
" [ ] I agree that my email address or my telephone number is passed on to
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 delivering the goods Contact me or Can transmit status information about shipment delivery. I can revoke my consent given in this regard at any time."
Please note that the check box must not be pre-checked! Reason: The customer must give his consent to the sharing of his email address voluntarily and independently!
2. Instructions for making changes to your online presence if customers' email addresses are to be passed on to the parcel service provider DPD for the purpose of coordinating deliveries with customers:
Changes as part of the shop ordering process: You may only pass on the email address collected from the customer to a third party (here DPD) if you have obtained the express consent of the customer concerned to pass on their email address!
This consent from the customer can be achieved through a corresponding explanatory text, which the customer expressly confirms during the ordering process in your online shop by ticking the opt-in checkbox.
Please add the following consent text in the ordering process (incl. Check box):
"[ ] I agree that my e-mail address and telephone number will be passed on to DPD (DPD Deutschland GmbH, Wailandtstraße 1, 63741 Aschaffenburg) so that DPD can do so before the To deliver the goods, contact me by email or telephone for the purpose of arranging a delivery date. Can transmit status information about shipment delivery. I can revoke my consent in this regard at any time"
Please note that the check box must not be pre-checked! Reason: The customer must give his consent to the sharing of his email address voluntarily and independently!
H. Instructions for information on battery disposal
You have indicated to us that you do not sell products containing batteries or batteries themselves.
I. Be careful with advertising with guarantees!
Particular caution should be taken when advertising guarantees. Warnings often occur here
If you want to advertise with guarantees, you must provide more detailed information about the guarantee conditions.
You can read details about this here:
https://www.protectedshops.de/infothek/glossar/garantiewerbung-auf-ebay
Basically, we advise against advertising with guarantees, as the design is very complex. Get legal advice here!
Unfortunately, warnings are currently being issued if manufacturer guarantees are available and these are not taken into account.
Although it has not yet been fully clarified legally whether this is necessary, in order to prevent warnings in this regard, information about this guarantee would actually have to be provided at least for the products for which the existence of a manufacturer's guarantee is obvious.
The manufacturer's warranty should provide the following information:
If the manufacturer's information does not meet the legal requirements, this would be taken as one's own, which also entails the risk of a warning.
J. Sample warranty conditions
1. Introduction
IMPORTANT
We ask for your understanding that due to the great individuality of manufacturer guarantees, we cannot provide fixed guarantee conditions in this form.
We also offer you a sample of what such a guarantee condition might look like.
However, this cannot be used without further ado and must be compared with the respective manufacturer's warranty.
Each individual point may differ from the warranty provided by the manufacturer.
Therefore, we cannot accept any liability for the given sample, even in this form.
2. Warranty conditions
The manufacturer XYZ GmbH grants a manufacturer's guarantee for the goods advertised with the guarantee promise for a period of 2 years from the date of purchase. The guarantee applies throughout Europe.
If material or manufacturing defects occur in the product during the warranty period, the manufacturer offers to repair the goods free of charge or replace them with an equivalent item, at its discretion.
However, the guarantee does not apply to damage caused by wear and tear, normal consumption, improper handling, use of force or personal repair attempts.
To claim the guarantee, you must contact the manufacturer:
XYZ GmbH
Musterstrasse 123
12345 Musterstadt
Musterland
You will receive from the manufacturer documents that enable free return shipping.
You must include a copy of the original invoice with the product to prove the date of purchase. Please make sure to pack the goods in such a way that no damage can occur during transport.
This warranty applies in addition to the buyer's other rights. The buyer's legal rights, in particular the warranty or product liability, are not affected by this guarantee. They apply without restriction in addition to this guarantee.
If the purchased goods have a defect, you can always contact us within the scope of your statutory warranty rights, regardless of whether there is a warranty claim.
General
A Instructions for action on the EU Commission's online dispute resolution platform
b. Instructions for your general terms and conditions
C Instructions for your data protection declaration and data protection in general
1. 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 for delivery times
G. Instructions for making changes to your online presence if customer email addresses are to be passed on to one of the parcel service providers DHL, GLS, UPS, DPD or Hermes for the purpose of coordinating delivery with customers:
1. Instructions for making changes to your online presence if customers' email addresses are to be passed on to the parcel service provider DHL for the purpose of coordinating deliveries with customers:
2. Instructions for making changes to your online presence if customers' email addresses are to be passed on to the parcel service provider DPD for the purpose of coordinating deliveries with customers:
H. Instructions for information on battery disposal
I Be careful with advertising with guarantees!
J. Sample warranty conditions
1. Introduction
2. Guarantee condition
General
Please ensure that you always use the legal texts in full and do not leave anything out. If possible, do not add anything, and not without advice.
If you omit, add or change individual parts yourself, Protected Shops assumes no liability for you as a result. resulting damage.
A Instructions for action on the EU Commission's online dispute resolution platform
As you have already read <url>https://www.protectedshops.de/infothek/whitepaper/verbraucherstreitbeilegung-neue-pflichten-fuer-onlinehaendler-ab-01-02-2017
, you have to do so since September 9th.01.In 2016, a link to the EU Commission's online dispute resolution platform was available.
The link must be clickable.
How this is to be implemented can differ from shop system to shop system.
Therefore we cannot provide any technical instructions here.
The normal HTML command would be:
http://ec.europa.eu/consumers/odr
B. Instructions for your general terms and conditions
These terms and conditions with customer information have been created and designed exclusively for your own online shop (webshop) . They may only be used for contracts for delivery of goods.
These general terms and conditions with customer information are not applicable to contracts for services (such as rental, work, agency, broker, partnership or travel agency contracts)!
They may also not be applicable to internet platforms such as eBay, Amazon or other platforms can be used, otherwise there is a considerable risk of warnings.
You must also send these general terms and conditions with customer information to your customers in text form (e-mail, fax or letter).
This can best be done in the initial contact email that you send to the customer after receiving the order.
It can also be sent in the delivery of goods (e.g. on the back of the invoice).
The general terms and conditions with customer information should be entered in the online shop under a separate link "Terms and Conditions & Customer Information".
Check the publication of these terms and conditions with customer information to see whether they may be applicable. 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. Integration
Please maintain the data protection declaration under a separate link “Data protection declaration”.
2. Advertising with newsletters
With the express consent of the customer (= the customer registers for the newsletter)
Please note that simply informing your customer of this data protection declaration is not sufficient for consent to receive the newsletter. The customer must expressly declare at one point that he agrees to the use of his email address for such purposes.
This is usually done through a checkbox that is integrated into the ordering process or separately.
The text of the declaration must indicate which products or services from which companies are specifically covered by the consent.
You can use the following sentence:
"In accordance with your data protection declaration, please regularly (revocable at any time) send me information about the following product range by email: [LIST OF THE GROUP OF GOODS SOLD BY YOU] "
Please note that only the "double opt-in" method is suitable in the legal sense to provably obtain the recipient's consent. Only send newsletters after your customer has confirmed the double opt-in!
2.1 You can also send a newsletter without your customer’s express consent.
Such express consent to send the newsletter is only not necessary if the following conditions are met:
- You received your customer's email address in connection with the sale of a good or service and
- You use this email address exclusively to advertise your own similar goods or services and
- the customer has not objected to this use and
- The customer was clearly informed when the address was collected and each time it was used that he could object to the use at any time without incurring any costs other than the transmission costs according to the basic tariffs.
We also recommend including the following text in the ordering process in a legible manner:
"In addition to processing your order, we use your email address to send information about our own similar goods/services ). You can object to the use of your email address for this purpose at any time without incurring any costs other than the transmission costs according to the basic rates. If you do not wish to receive further advertising, please let us know by email to the following address: « Please insert your email address here » or click on the link « please insert the name of the link, e.g.b. "Unsubscribe" » at the end of the newsletter "
Your customer must also be informed about this option to unsubscribe in every email!
Because the distinction between "similar" goods is often very difficult and blurred , we generally only recommend sending the newsletter after consent.
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 functioning opt-out cookie, a mechanism must be implemented using specific Java script code. which prevents data collection when an opt-out cookie is activated.
This Java script code must always be integrated into the source code of the respective website before the actual analytics code.
- Das Script lautet wie folgt:
- Hinweis:
Ersetzen Sie 'UA-XXXXXX-Y’ mit Ihrem, von Google individuell vergebenen Tracking-Code.
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: Keep Be sure to keep a copy of the contract for evidence purposes.
4. Declaration of consent when using Facebook’s conversion tracking technology (“Facebook Pixel”)
Since it is very likely that user data from external websites will be linked to Facebook user profile data when using Facebook's conversion tracking technology, user consent must be obtained before loading the corresponding "Facebook Pixel" code on your site t1> required!
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 reloaded dynamically or that a page reload occurs. We recommend integrating the instruction and consent request using a corresponding pop-up or banner on the provider's website, which is dynamically reloaded after the user has given consent or a page reload initiates and only then executes the cookie.
The requirement for explicit consent can be met via a “Consent button” as part of the pop-up or Banners are taken into account.
It is important that the user must be informed about the specific conversion tracking procedure as part of his declaration of consent. It is possible to place the instructions either in the pop-up or Integrate banners or include them in the data protection declaration, which can then be accessed in the pop-up or Banner must be referenced.
In our opinion, the reference to the data protection declaration appears to be preferable, as a complete explanation of the dimensions of the pop-up window or Banners would expand unnecessarily and are also likely to confuse the user with an excess of text and information.
We recommend using the pop-up or to design the banner as follows:
"On this website, the Facebook pixel is used by Facebook for statistical purposes. A cookie can be used to track how our marketing measures on Facebook can be recorded and improved. We would be very pleased if you agreed to this.Information about the “Facebook pixel”, cookies and your right to object can be found in our data protection declaration [-> link to your own data protection declaration]."
Within the pop-up or Banner, the button
"I agree to the use of the Facebook pixel"
must be inserted below the aforementioned text.
5. Use of cookies for advertising, tracking and analysis purposes
If you use cookies for advertising, tracking and analysis purposes, the site visitor must be informed of the website's use of cookies via a clearly visible banner/bar at the top or bottom of the website at the beginning of the page visit and informed that the operator of the website assumes the user's consent if he then continues to use the website.
"This website uses cookies to analyze website access/marketing activities.
By continuing to use the website, you agree to this use.
Information about cookies and your option to object"
The passage "Information about cookies and your option to object" must then be linked to the data protection declaration.
D. Instructions for your cancellation policy
The cancellation policy may only be used in connection with a distance contract in electronic commerce for the delivery of goods.
On the other hand, this cancellation policy is not suitable for contracts with the following content:
• Contracts for the sale of land or rights equivalent to land
• Contracts for services (which include, for example, rental, work and , agency, broker, partnership or travel agency contracts count)
• Contracts for the supply of water, electricity, gas (according to an unlimited volume or unlimited quantity) or district heating
• Contracts for the delivery of digital content that are not delivered on a physical data carrier
• Subscription contracts
• Trial purchase 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 (e-mail, fax or letter). We recommend that you include the cancellation policy in the initial contact email that you send to the customer after receipt of the order. In addition, it can be attached to the delivery of goods (e.g. on the back of the invoice) for evidentiary purposes (optional).
Attention: Before publishing this cancellation policy, you should check carefully whether it contradicts a cease-and-desist declaration that you have previously made! Are you unsure? Get legal advice!
E. Instructions for your payment methods
No special actions are necessary for the payment methods you specified
F. Instructions for delivery times
You are obliged to inform the consumer about the duration, start and expiry of the delivery period, within which the consumer can in any case expect receipt of the goods.
We recommend the following procedure:
1. Please indicate the respective delivery time for shipping within Germany for each item 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 If you also offer express shipping, indicate the changed delivery times
Example:
Delivery time: standard maximum 5 days, express in 1 day*
2. Include a resolution of the asterisk notice in the footer of each landing page. Here you clarify which countries the specified delivery times apply to and link to the new page for delivery times
Example:
"For deliveries to Germany. The delivery times for other countries and the information on calculating the delivery date can be found here
3. Show the maximum additional delivery times for other countries on a separate information page.
The most useful thing is to have a table showing the additional delivery time that occurs for other countries. If in doubt, it is better to specify a time period that is too long rather than too short.
Example:
Information about delivery times
In the table below you will find the delivery times for shipping to other countries, which you must add to the delivery time specified for the respective item .
Country | Additional maximum duration in days
Austria | 2
Switzerland | 3
Italy | 5
etc.
4.
When ordering multiple items, it depends on whether you send the items either in one shipment or in several shipments (partial deliveries), depending on availability.
Example:
Joint shipment:
Information about delivery times
In the table below you will find the delivery times for shipping to other countries must be added to the delivery time stated for the respective item.
Country | Additional maximum duration in days
Austria | 2
Switzerland | 3
Italy | 5
etc.
If you order several items from us in one order that have different delivery times, we will send the goods in one shipment, unless we have agreed otherwise with you. In this case, the overall delivery time for the item in your order with the longest delivery time applies to the shipment of goods.
Partial delivery (without additional shipping costs):
Information about delivery times
In the table below you will find the delivery times for shipping to other countries, which you must add to the delivery time stated for the respective item.
Country | Additional maximum duration in days
Austria | 2
Switzerland | 3
Italy | 5
etc.
If you order several items from us in one order, for which different delivery times apply, we will send the goods in several partial shipments, depending on availability, for which the delivery times specified for the respective item apply. There are no additional shipping costs.
5. Please then attach the following statement on how to calculate the (latest) delivery date:
Information on how to calculate 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 credit institution or for other payment methods, it runs on the day after the contract is concluded and ends at the end of the last day of the deadline. If the last day of the deadline falls on a Saturday, Sunday or a public holiday recognized by the state at the place of delivery, such a day will be replaced by the next working day.
or, if your shipping company also delivers on Saturdays:
Information on calculating the delivery date
The deadline for delivery begins with payment in advance on the day after the payment order was issued to the transferring credit institution or for other payment methods, it runs on the day after the contract is concluded and ends at the end of the last day of the deadline. If the last day of the deadline falls on a Sunday or a public holiday recognized by the state at the place of delivery, such a day will be replaced by the next working day.
G. Instructions for making changes to your online presence if customer email addresses are to be passed on to one of the parcel service providers DHL, GLS, UPS, DPD or Hermes for the purpose of coordinating delivery with customers:
1. Instructions for making changes to your online presence if customers' email addresses are to be passed on to the parcel service provider DHL for the purpose of coordinating deliveries with customers:
Changes as part of the shop ordering process:
You may only pass on the email address collected from the customer to a third party (here DHL) if you have the express consent of the customer concerned to pass on his email. You have obtained your email address!
This consent from the customer can be achieved through a corresponding explanatory text, which the customer expressly confirms during the ordering process in your online shop by ticking the opt-in checkbox.
- Please add the following consent text in the ordering process (incl. Check box):
" [ ] I agree that my email address or my telephone number is passed on to
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 delivering the goods Contact me or Can transmit status information about shipment delivery. I can revoke my consent given in this regard at any time."
Please note that the check box must not be pre-checked! Reason: The customer must give his consent to the sharing of his email address voluntarily and independently!
2. Instructions for making changes to your online presence if customers' email addresses are to be passed on to the parcel service provider DPD for the purpose of coordinating deliveries with customers:
Changes as part of the shop ordering process: You may only pass on the email address collected from the customer to a third party (here DPD) if you have obtained the express consent of the customer concerned to pass on their email address!
This consent from the customer can be achieved through a corresponding explanatory text, which the customer expressly confirms during the ordering process in your online shop by ticking the opt-in checkbox.
Please add the following consent text in the ordering process (incl. Check box):
"[ ] I agree that my e-mail address and telephone number will be passed on to DPD (DPD Deutschland GmbH, Wailandtstraße 1, 63741 Aschaffenburg) so that DPD can do so before the To deliver the goods, contact me by email or telephone for the purpose of arranging a delivery date. Can transmit status information about shipment delivery. I can revoke my consent in this regard at any time"
Please note that the check box must not be pre-checked! Reason: The customer must give his consent to the sharing of his email address voluntarily and independently!
H. Instructions for information on battery disposal
You have indicated to us that you do not sell products containing batteries or batteries themselves.
I. Be careful with advertising with guarantees!
Particular caution should be taken when advertising guarantees. Warnings often occur here
If you want to advertise with guarantees, you must provide more detailed information about the guarantee conditions.
You can read details about this here:
https://www.protectedshops.de/infothek/glossar/garantiewerbung-auf-ebay
Basically, we advise against advertising with guarantees, as the design is very complex. Get legal advice here!
Unfortunately, warnings are currently being issued if manufacturer guarantees are available and these are not taken into account.
Although it has not yet been fully clarified legally whether this is necessary, in order to prevent warnings in this regard, information about this guarantee would actually have to be provided at least for the products for which the existence of a manufacturer's guarantee is obvious.
The manufacturer's warranty should provide the following information:
- Duration of the guarantee (How long can it be used?)
- Name and address of the guarantor
- Description of the content of the guarantee (What exactly is guaranteed? - possible limitation to parts of the product)
- Note on the geographical limitation of the guarantee (e.g.b. Germany-wide, Europe-wide, worldwide)
- Note that the warranty does not limit the warranty rights
- Information on claiming the guarantee (How should the customer proceed?)
If the manufacturer's information does not meet the legal requirements, this would be taken as one's own, which also entails the risk of a warning.
J. Sample warranty conditions
1. Introduction
IMPORTANT
We ask for your understanding that due to the great individuality of manufacturer guarantees, we cannot provide fixed guarantee conditions in this form.
We also offer you a sample of what such a guarantee condition might look like.
However, this cannot be used without further ado and must be compared with the respective manufacturer's warranty.
Each individual point may differ from the warranty provided by the manufacturer.
Therefore, we cannot accept any liability for the given sample, even in this form.
2. Warranty conditions
The manufacturer XYZ GmbH grants a manufacturer's guarantee for the goods advertised with the guarantee promise for a period of 2 years from the date of purchase. The guarantee applies throughout Europe.
If material or manufacturing defects occur in the product during the warranty period, the manufacturer offers to repair the goods free of charge or replace them with an equivalent item, at its discretion.
However, the guarantee does not apply to damage caused by wear and tear, normal consumption, improper handling, use of force or personal repair attempts.
To claim the guarantee, you must contact the manufacturer:
XYZ GmbH
Musterstrasse 123
12345 Musterstadt
Musterland
You will receive from the manufacturer documents that enable free return shipping.
You must include a copy of the original invoice with the product to prove the date of purchase. Please make sure to pack the goods in such a way that no damage can occur during transport.
This warranty applies in addition to the buyer's other rights. The buyer's legal rights, in particular the warranty or product liability, are not affected by this guarantee. They apply without restriction in addition to this guarantee.
If the purchased goods have a defect, you can always contact us within the scope of your statutory warranty rights, regardless of whether there is a warranty claim.