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 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 times
G. Instructions for making changes to your online presence if customers’ email addresses are to be passed on to one of the parcel service providers DHL, GLS, UPS, DPD or Hermes for the purpose of coordinating delivery with customers:
1. Instructions for making changes to your online presence if customers' email addresses are to be passed on to the parcel service provider 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 that offers guarantees!
J. Sample warranty conditions
1. Introduction
2. Warranty conditions
General
Please ensure that you always use the legal texts in full and do not omit anything. If possible, do not add anything, even without consulting someone.
If you omit, add or modify individual parts, Protected Shops assumes no liability for any damage that may arise as a result.
A. Instructions for the EU Commission’s online dispute resolution platform
Like her<url>https://www.protectedshops.de/infothek/whitepaper/verbraucherstreitbeilegung-neue-pflichten-fuer-onlinehaendler-ab-01-02-2017
As you have already read, since 9 January 2016 you have had 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 with customer information are exclusively for your own online shop (webshop)created and designed. They may only be used for contracts for Deliveries of goods be used.
These General Terms and Conditions with customer information are not applicable to contracts for services (such as rental, work, business management, 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 otherwise a considerable risk of a warning.
You must provide these Terms and Conditions with customer information to your customersadditionally in text form (email, fax or letter).
This can best be done in the first 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 whether the publication of these terms and conditions with customer information contradicts a cease and desist declaration that you 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 it is not enough to simply inform your customer of this privacy policy in order to consent to receive the newsletter. The customer must explicitly declare at some point that he or she agrees to the use of his or her email address for such purposes.
This is usually done through a checkbox that is included in 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 the express consent of your customer.
Such express consent to send the newsletter is only not required if the following conditions are met:
We also recommend that you include the following text in the ordering process in a clearly legible manner:
"In addition to processing your order, we use your email address to send you 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 any further advertising, please let us know by email to the following address: « Please enter your email address here » or click on the link « please enter 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 only sending newsletters after consent has been given.
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=en
If you want to create a functioning opt-out cookie, a mechanism must be implemented using a specific Java script code that prevents data collection when an opt-out cookie is activated.
This Java script code must alwaysbeforethe actual analytics code is integrated into the source code of the respective website.
- The script is as follows:
- A notice:
Replace 'UA-XXXXXX-Y' with your tracking code assigned individually by Google.
Google also provides instructions on how to programmatically prevent tracking via the link https://developers.google.com/analytics/devguides/collection/gajs/?hl=de#disable
ready.
The script must beevery (!) pageon 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 conversion tracking technology ("Facebook Pixel")
Since the use of Facebook's conversion tracking technology is very likely to link user data from external websites with Facebook user profile data, the Obtaining user consent necessary!
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 that the code is dynamically reloaded or that the page is reloaded. We recommend that you provide the instructions and consent request with a corresponding Pop Up or Banner on the provider's side, which is dynamically reloaded after the user has given his consent or a Page reload initiated and only then executes the cookie.
The express requirement of consent can be met by a "Consent button" must be taken into account within the pop-up or banner.
It is important that the user is informed about the specific conversion tracking process as part of their consent declaration. It is possible to integrate the instructions either into the pop-up or banner or to include them in the privacy policy, which must then be referred to in the pop-up or banner.
In our opinion, a reference to the privacy policy seems preferable, as a complete instruction would unnecessarily expand the dimensions of the pop-up window or banner and is also likely to confuse the user with an excess of text and information.
We recommend designing the pop-up or banner as follows:
"On this website, the Facebook pixel from Facebook is used for statistical purposes. With the help of a cookie, we can track how our marketing measures on Facebook can be 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 site 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 be informed that the website operator assumes the user's consent if he or she 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 about cookies and your right to object"
The passage "Information about cookies and your right 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 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 land or rights equivalent to land
• Contracts for services (which include rental, work, business management, brokerage, partnership or travel agency contracts)
• Contracts for the supply of water, electricity, gas (in unlimited volume or quantity) or district heating
• Contracts for the supply of digital content that is not supplied on a physical data carrier
• Subscription contracts
• Purchase on trial 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 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 included with the delivery of goods (e.g. on the back of the invoice) for proof purposes (optional).
Attention: Before publishing this cancellation policy, you should check carefully whether it might contradict 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 specify
F. Instructions on delivery times
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 shipping, indicate the changed delivery times
Example:
Delivery time: Standard maximum 5 days, Express in 1 day
2. Add a solution to the asterisk note in the footer of each offer page. Here you make it clear which countries the stated delivery times apply to and link to the new page for delivery times
Example:
"For deliveries to Germany. Delivery times for other countries and information on calculating the delivery date can be found here
3.Indicate 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 for other countries. If in doubt, it is better to specify 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 stated 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
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 each item.
Country | Additional maximum duration in days
Austria | 2
Switzerland | 3
Italy | 5
etc.
If you order several items from us in one order, each of which has different delivery times, we will send the goods in one shipment unless we have agreed otherwise with you. In this case, the delivery time for the item in your order with the longest delivery time will apply to the entire shipment.
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 stated for each 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 stated for each item apply. There are no additional shipping costs.
5. Please then 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 credit institution in the case of advance payment or on the day after the contract is concluded in the case of other payment methods 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 on calculating the delivery date
The delivery period begins on the day after the payment order is issued to the transferring credit institution in the case of advance payment or on the day after the contract is concluded in the case of other payment methods and ends with the expiry of the last day of the period. If the last day of the period falls on a Sunday or a public holiday recognized by the state at the place of delivery, the next working day takes the place of such a day.
G. Instructions for making changes to your online presence if customers’ email addresses are to be 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 in 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 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 the opt-in checkbox.
- Please therefore include the following consent text (including check box) in the ordering 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 prior to delivery of the goods for the purpose of coordinating a delivery date.
contact me or send me status information about the delivery of the shipment. 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!
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:
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 pass on his or her e-mail 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 the opt-in checkbox.
Please therefore include the following consent text (including check box) in the ordering process:
"[ ] I agree that my email address and telephone number will be passed on to DPD (DPD Deutschland GmbH, Wailandtstraße 1, 63741 Aschaffenburg) so that DPD can contact me by email or telephone before the goods are delivered in order to coordinate a delivery date or to provide status information on the delivery of the shipment. 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 told us that you do not sell any products containing batteries or batteries themselves.
I. Be careful with advertising that includes guarantees!
Special caution is advised when advertising guarantees. This often results in 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 design is very complex. Get legal advice on this!
Unfortunately, warnings are currently also being issued when manufacturer warranties are in place and these are not honored.
Although it is not yet fully clear from a legal perspective whether this is necessary in order to prevent warnings in this regard, information about this guarantee would actually have to be provided at least for those products for which the existence of a manufacturer's guarantee is obvious.
The manufacturer’s warranty should provide the following information:
However, if the manufacturer's information does not meet the legal requirements, this would constitute ownership of the information, which also carries 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 warranties in this form, we cannot provide fixed warranty conditions.
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 guarantee for the product 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 equivalent item, at its discretion.
However, the guarantee does not apply to damage caused by wear and tear, normal use, improper handling, use of force or attempts at repair.
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 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 packaged in such a way that no damage can occur during transport.
This guarantee is in addition to the buyer's other rights. The buyer's statutory rights, in particular the warranty or product liability, are not affected by this guarantee. They apply without restriction alongside this guarantee.
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 guarantee 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 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 times
G. Instructions for making changes to your online presence if customers’ email addresses are to be passed on to one of the parcel service providers DHL, GLS, UPS, DPD or Hermes for the purpose of coordinating delivery with customers:
1. Instructions for making changes to your online presence if customers' email addresses are to be passed on to the parcel service provider 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 that offers guarantees!
J. Sample warranty conditions
1. Introduction
2. Warranty conditions
General
Please ensure that you always use the legal texts in full and do not omit anything. If possible, do not add anything, even without consulting someone.
If you omit, add or modify individual parts, Protected Shops assumes no liability for any damage that may arise as a result.
A. Instructions for the EU Commission’s online dispute resolution platform
Like her<url>https://www.protectedshops.de/infothek/whitepaper/verbraucherstreitbeilegung-neue-pflichten-fuer-onlinehaendler-ab-01-02-2017
As you have already read, since 9 January 2016 you have had 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 with customer information are exclusively for your own online shop (webshop)created and designed. They may only be used for contracts for Deliveries of goods be used.
These General Terms and Conditions with customer information are not applicable to contracts for services (such as rental, work, business management, 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 otherwise a considerable risk of a warning.
You must provide these Terms and Conditions with customer information to your customersadditionally in text form (email, fax or letter).
This can best be done in the first 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 whether the publication of these terms and conditions with customer information contradicts a cease and desist declaration that you 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 it is not enough to simply inform your customer of this privacy policy in order to consent to receive the newsletter. The customer must explicitly declare at some point that he or she agrees to the use of his or her email address for such purposes.
This is usually done through a checkbox that is included in 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 the express consent of your customer.
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 only use this email address to advertise your own similar goods or services and
- the customer has not objected to this use and
- the customer was clearly informed when the address was collected and each time the data was used that he or she can object 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 that you include the following text in the ordering process in a clearly legible manner:
"In addition to processing your order, we use your email address to send you 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 any further advertising, please let us know by email to the following address: « Please enter your email address here » or click on the link « please enter 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 only sending newsletters after consent has been given.
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=en
If you want to create a functioning opt-out cookie, a mechanism must be implemented using a specific Java script code that prevents data collection when an opt-out cookie is activated.
This Java script code must alwaysbeforethe actual analytics code is integrated into the source code of the respective website.
- The script is as follows:
- A notice:
Replace 'UA-XXXXXX-Y' with your tracking code assigned individually by Google.
Google also provides instructions on how to programmatically prevent tracking via the link https://developers.google.com/analytics/devguides/collection/gajs/?hl=de#disable
ready.
The script must beevery (!) pageon 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 conversion tracking technology ("Facebook Pixel")
Since the use of Facebook's conversion tracking technology is very likely to link user data from external websites with Facebook user profile data, the Obtaining user consent necessary!
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 that the code is dynamically reloaded or that the page is reloaded. We recommend that you provide the instructions and consent request with a corresponding Pop Up or Banner on the provider's side, which is dynamically reloaded after the user has given his consent or a Page reload initiated and only then executes the cookie.
The express requirement of consent can be met by a "Consent button" must be taken into account within the pop-up or banner.
It is important that the user is informed about the specific conversion tracking process as part of their consent declaration. It is possible to integrate the instructions either into the pop-up or banner or to include them in the privacy policy, which must then be referred to in the pop-up or banner.
In our opinion, a reference to the privacy policy seems preferable, as a complete instruction would unnecessarily expand the dimensions of the pop-up window or banner and is also likely to confuse the user with an excess of text and information.
We recommend designing the pop-up or banner as follows:
"On this website, the Facebook pixel from Facebook is used for statistical purposes. With the help of a cookie, we can track how our marketing measures on Facebook can be 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 site 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 be informed that the website operator assumes the user's consent if he or she 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 about cookies and your right to object"
The passage "Information about cookies and your right 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 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 land or rights equivalent to land
• Contracts for services (which include rental, work, business management, brokerage, partnership or travel agency contracts)
• Contracts for the supply of water, electricity, gas (in unlimited volume or quantity) or district heating
• Contracts for the supply of digital content that is not supplied on a physical data carrier
• Subscription contracts
• Purchase on trial 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 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 included with the delivery of goods (e.g. on the back of the invoice) for proof purposes (optional).
Attention: Before publishing this cancellation policy, you should check carefully whether it might contradict 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 specify
F. Instructions on delivery times
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 shipping, indicate the changed delivery times
Example:
Delivery time: Standard maximum 5 days, Express in 1 day
2. Add a solution to the asterisk note in the footer of each offer page. Here you make it clear which countries the stated delivery times apply to and link to the new page for delivery times
Example:
"For deliveries to Germany. Delivery times for other countries and information on calculating the delivery date can be found here
3.Indicate 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 for other countries. If in doubt, it is better to specify 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 stated 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
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 each item.
Country | Additional maximum duration in days
Austria | 2
Switzerland | 3
Italy | 5
etc.
If you order several items from us in one order, each of which has different delivery times, we will send the goods in one shipment unless we have agreed otherwise with you. In this case, the delivery time for the item in your order with the longest delivery time will apply to the entire shipment.
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 stated for each 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 stated for each item apply. There are no additional shipping costs.
5. Please then 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 credit institution in the case of advance payment or on the day after the contract is concluded in the case of other payment methods 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 on calculating the delivery date
The delivery period begins on the day after the payment order is issued to the transferring credit institution in the case of advance payment or on the day after the contract is concluded in the case of other payment methods and ends with the expiry of the last day of the period. If the last day of the period falls on a Sunday or a public holiday recognized by the state at the place of delivery, the next working day takes the place of such a day.
G. Instructions for making changes to your online presence if customers’ email addresses are to be 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 in 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 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 the opt-in checkbox.
- Please therefore include the following consent text (including check box) in the ordering 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 prior to delivery of the goods for the purpose of coordinating a delivery date.
contact me or send me status information about the delivery of the shipment. 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!
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:
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 pass on his or her e-mail 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 the opt-in checkbox.
Please therefore include the following consent text (including check box) in the ordering process:
"[ ] I agree that my email address and telephone number will be passed on to DPD (DPD Deutschland GmbH, Wailandtstraße 1, 63741 Aschaffenburg) so that DPD can contact me by email or telephone before the goods are delivered in order to coordinate a delivery date or to provide status information on the delivery of the shipment. 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 told us that you do not sell any products containing batteries or batteries themselves.
I. Be careful with advertising that includes guarantees!
Special caution is advised when advertising guarantees. This often results in 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 design is very complex. Get legal advice on this!
Unfortunately, warnings are currently also being issued when manufacturer warranties are in place and these are not honored.
Although it is not yet fully clear from a legal perspective whether this is necessary in order to prevent warnings in this regard, information about this guarantee would actually have to be provided at least for those products for which the existence of a manufacturer's guarantee is obvious.
The manufacturer’s warranty should provide the following information:
- Warranty period (How long can it be used?)
- Name and address of the guarantor
- Description of the content of the guarantee (What exactly is guaranteed? - possible limitation to parts of the product)
- Note on the geographical limitation of the guarantee (e.g. Germany-wide, Europe-wide, worldwide)
- Note that the 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 ownership of the information, which also carries 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 warranties in this form, we cannot provide fixed warranty conditions.
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 guarantee for the product 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 equivalent item, at its discretion.
However, the guarantee does not apply to damage caused by wear and tear, normal use, improper handling, use of force or attempts at repair.
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 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 packaged in such a way that no damage can occur during transport.
This guarantee is in addition to the buyer's other rights. The buyer's statutory rights, in particular the warranty or product liability, are not affected by this guarantee. They apply without restriction alongside this guarantee.
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 guarantee case exists.