Instructions for using your legal texts and your payment methods
Instructions for using your legal texts and your payment methods
General
A. Instructions for the online dispute resolution platform of the EU Commission
B. Instructions for action for your general terms and conditions
C. Instructions for your data protection declaration and data protection in general
1. Involvement
2. Advertising with newsletters
3. Use of Google Analytics
4. Declaration of consent when using Facebook's conversion tracking technology ("Facebook Pixel")
5. Integration of YouTube videos
6. Use of cookies for advertising, tracking and analysis purposes
D. Instructions for your cancellation policy
E. Instructions for Your Payment Methods
F. Guidance on Delivery Times
G. Instructions for making changes to your online presence if customers' e-mail addresses are to be passed on to one of the parcel service providers DHL, GLS, UPS, DPD or Hermes for the purpose of delivery coordination with the customer:
H. Action Guide for Battery Disposal Information
I. Beware of advertising with guarantees!
J. Sample Warranty Terms
1. Introduction
2. Warranty Term
K. Sale of Defective Items
1. Sale of defective items
General
Please ensure that the legal texts are always used in their entirety and that nothing is left out. If possible, do not add anything, and not without advice.
If you omit individual parts, add or change them yourself, Protected Shops assumes no liability for any damage you may incur as a result.
A. Instructions for the online dispute resolution platform of the EU Commission
How to < url> https://www.protectedshops.de/infothek/whitepaper/ Verbraucherstreitbeilegung-neue-obligen-fuer-onlinehaendler-ab-01-02-2017
you have been required to provide a link to the EU Commission’s online dispute resolution platform since January 9th, 2016.
The link must be clickable.
How this is to be realized can differ from shop system to shop system.
Therefore, we cannot give any technical guidance here.
The normal HTML command would be:
http://ec.europa.eu/consumers/odr
B. Instructions for action for your general terms and conditions
These terms and conditions with customer information have been created and designed exclusively for your own online shop (web shop) . They may only be used for contracts for the delivery of goods.
These terms and conditions with customer information are not applicable to contracts for services (such as rental, work, agency, broker, partnership or travel agency contracts)!
They may also not be used for Internet platforms such as eBay, Amazon or other platforms, as otherwise there is a considerable risk of warnings.
You must also send these GTC with customer information to your customers in text form (e-mail, fax or letter).
This can best happen in the initial contact email that you send to the customer after the order has been received.
A transmission in the delivery of goods (e.g. on the back of the invoice) can also take place.
The terms and conditions with customer information should be entered in the online shop under a separate link "Terms and Conditions & Customer Information".
Check the publication of these terms and conditions with customer information to see whether they may contradict a cease-and-desist declaration that you have submitted in the past. If in doubt, seek legal advice.
C. Instructions for your data protection declaration and data protection in general
1. Involvement
Please enter the privacy policy under a separate link "Privacy Policy".
2. Advertising with newsletters
With the express consent of the customer (= customer registration for the newsletter)
Please note that just bringing your customer to the attention of this data protection declaration is not sufficient for consent to receive the newsletter. The customer must expressly declare at one point that he agrees to the use of his e-mail address for such purposes.
This is usually done using a checkbox that is integrated into the ordering process or separately.
The explanatory text must state which products or services of which companies the consent specifically covers.
You can use the following sentence for this:
"In accordance with your data protection declaration, please send me information on the following product range by e-mail on a regular basis (can be revoked at any time): [LISTING OF THE GROUPS OF GOODS YOU DISTRIBUTE]"
Please note that only the "Double Opt-In" method in the legal sense is suitable for obtaining the consent of the recipient in a verifiable manner. Send newsletters only after your customer has confirmed the double opt-in!
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=en
If you want to create a functioning opt-out cookie, a mechanism must be implemented using specific Java Script code that prevents data collection when an opt-out cookie is activated.
This Java Script code must always be integrated 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 individually assigned by Google.
Google also has instructions for programmatically preventing tracking via the link https://developers.google.com/analytics/devguides/collection/gajs/?hl=de#disable
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 it is very likely that user data from external websites will be linked to Facebook user profile data when using Facebook's conversion tracking technology, user consent must be obtained before loading the corresponding "Facebook pixel" code on your page!
It should therefore be noted that users are informed about the use of conversion tracking and must agree to it before a corresponding tracking code is used.
This requires either that the code is dynamically reloaded or that a page reload takes place. We recommend integrating the instruction and request for consent by means of a corresponding pop-up or banner on the provider's website, which is dynamically reloaded after the user has given their consent or initiates a page reload and only then executes the cookie.
The express requirement of the consent can be taken into account via a " consent button " in the context of the pop-up or banner.
It is important that the user must be instructed about the specific process of conversion tracking as part of his declaration of consent. It is possible to either integrate the instruction into the pop-up or banner or to include it in the data protection declaration, to which reference must then be made in the pop-up or banner.
In our opinion, the reference to the data protection declaration seems preferable, since a complete instruction would unnecessarily expand the dimensions of the pop-up window or banner and is also likely to confuse the user with an excess of text and information.
We recommend designing the pop-up or banner as follows:
"On this website, the Facebook pixel is used by Facebook for statistical purposes. With the help of a cookie, it can be understood how our marketing measures on Facebook can be included and improved. We would be very happy if you gave your consent. Information on the "Facebook -Pixel", you can find out more about cookies and your right to object in our data protection declaration [-> link to our own data protection declaration].
Within the pop-up or banner, there is an additional button below the aforementioned text
"I agree to the use of the Facebook pixel"
to insert
5. Integration of YouTube videos
A notice:
We recommend using the YouTube embedding function only in the so-called extended data protection mode!
In the so-called extended data protection mode, such framing codes are generated in relation to YouTube videos which - according to YouTube itself - link cookie activity and the data collection initiated as a result to use of the playback function of the video itself. This has the effect that data collection through mere use of the website with framed content (from YouTube videos) is prevented. Against this background, the concerns regarding the use of YouTube videos in compliance with data protection law in the company's own presence are at least reduced.
Creating an embed link in privacy-enhanced mode:
1.) In order to generate the embed link based on the extended data protection mode, you must first click on "Share" below the desired video on Youtube and then on "Embed".
2.) Instead of copying the displayed link, select the field labeled "Show more" below the code .
3.) In the following, a window with further options will be rolled out, of which the one with the title "Enable enhanced data protection mode" is to be selected by ticking the box at the bottom. Then the website www.youtube.com displayed in the original HTML code changes to the URL www.youtube-nocookie.com.
Adopting this link ensures that cookies are only set when the user plays the embedded video.
6. Use of cookies for advertising, tracking and analysis purposes
If you use cookies for advertising, tracking and analysis purposes, the website visitor must be informed of the use of cookies by the website at the beginning of the page call via a clearly visible banner/bar at the top or bottom edge of the website and informed that the operator of the website assumes the user's consent if he then continues to use the website.
"This website uses cookies to analyze website access/marketing measures.
By continuing to use the website, you agree to this use.
Information on cookies and your possibility of objection"
The passage "Information about cookies and your possibility of objection" must then be linked to the data protection declaration.
D. Instructions for your cancellation policy
The cancellation policy may only be used in connection with a distance contract in electronic commerce for the delivery of goods.
On the other hand, this cancellation policy is not suitable for contracts with the following content:
• Contracts for the sale of land or rights equivalent to land
• Contracts for services (which include, for example, rental, work, agency, brokerage, partnership brokerage or travel agency contracts)
• Contracts for the supply of water, electricity, gas (by unlimited volume or quantity) or district heating
• Contracts for the delivery of digital content that is not delivered on a physical medium
• Subscription Contracts
• Purchase on trial within the meaning of § 454 BGB.
You must also send your customers the cancellation policy and cancellation form in text form (e-mail, fax or letter). We recommend that you include the cancellation policy in the initial contact e-mail that you send to the customer after the order has been received. In addition, it can be attached to the delivery of goods (e.g. on the back of the invoice) as evidence (optional).
Warning: Before publishing this cancellation policy, you should carefully check whether it may contradict a cease-and-desist declaration that you previously submitted! Are you unsure? Get legal advice!
E. Instructions for Your Payment Methods
F. Guidance on Delivery Times
You are obliged to inform the consumer about the duration, start and end of the delivery period, within which the consumer can expect receipt of the goods in any case.
We recommend the following procedure for this:
1. For each item, please indicate the respective delivery period for shipping within Germany and mark it with an asterisk.
Examples:
Delivery time 3-5 days*
or
Delivery time maximum 5 days*
or
Delivery time up to 5 days*
If you also offer express shipping, indicate the changed delivery times
Example:
Delivery time: standard at most 5 days, express in 1 day*
2. Include a resolution of the asterisk hint in the footer of each landing page. Here you clarify for which countries the stated delivery times apply and link to the new page for delivery times
Example:
"For deliveries to Germany. The delivery times for other countries and information on how to calculate the delivery date can be found here
3. Show the maximum additional delivery times for other countries on a separate information page.
The most useful thing is a table that shows you the additional delivery time that applies to other countries. If in doubt, it is better to enter a period that is too long than too short.
Example:
Information on delivery times
In the table below you will find the delivery times for shipping to other countries, which you must add to the delivery time specified for the respective item.
country | Additional maximum duration in days
Austria | 2
Switzerland | 3
Italy | 5
etc.
4.
When ordering multiple items, it depends on whether you ship the items either in one shipment or in several shipments (partial shipments), depending on availability.
Example:
Common shipment :
Information on delivery times
In the table below you will find the delivery times for shipping to other countries, which you must add to the delivery time specified for the respective item.
country | Additional maximum duration in days
Austria | 2
Switzerland | 3
Italy | 5
etc.
If you order several items from us in one order, for which different delivery times apply, we will send the goods in one shipment, unless we have agreed otherwise with you. In this case, the delivery time that applies to the item in your order with the longest delivery time applies to the shipment as a whole.
Partial delivery (without additional shipping costs):
Information on delivery times
In the table below you will find the delivery times for shipping to other countries, which you must add to the delivery time specified for the respective item.
country | Additional maximum duration in days
Austria | 2
Switzerland | 3
Italy | 5
etc.
If you order several items from us as part of an order, for which different delivery times apply, we will ship the goods in several partial shipments, depending on availability, for which the delivery times specified for the respective item apply. Additional shipping costs do not apply.
5. Then please attach the following explanation for the calculation of the (latest) delivery date:
Information for calculating the delivery date
In the case of payment in advance, the period for delivery begins on the day after the payment order has been issued to the transferring bank or, in the case of other payment methods, on the day after the conclusion of the contract and ends with the expiry of the last day of the period. If the last day of the period falls on a Saturday, Sunday or a public holiday recognized by the state at the place of delivery, the next working day takes the place of such a day.
or, if your shipping company also delivers on Saturdays:
Information for calculating the delivery date
In the case of payment in advance, the period for delivery begins on the day after the payment order has been issued to the transferring bank or, in the case of other payment methods, on the day after the conclusion of the contract and ends with the expiry of the last day of the period. If the last day of the period falls on a Sunday or a public holiday recognized by the state at the place of delivery, the next working day takes the place of such a day.
G. Instructions for making changes to your online presence if customers' e-mail addresses are to be passed on to one of the parcel service providers DHL, GLS, UPS, DPD or Hermes for the purpose of delivery coordination with the customer:
You have indicated to us that you will not give any e-mail addresses to shipping service providers to process the order.
H. Action Guide for Battery Disposal Information
You have indicated to us that you do not sell any products with batteries or batteries themselves.
I. Beware of advertising with guarantees!
From January 1st, 2022, the guarantee declaration must be made available to the customer (consumer) on a durable medium (e.g. by email) in addition to the representation on the website at the latest by the delivery of the ordered goods (to which the guarantee applies), even if the consumer did not request this. The presentation on the website alone is no longer sufficient.
If the guarantee statement cannot be displayed on the product page, the specific product to which the statement relates must appear from the statement.
Unfortunately, warnings are also currently being issued if manufacturer guarantees are in place and are not being addressed.
Although it has not yet been fully clarified legally whether this is necessary, but in order to prevent warnings in this regard, information about this guarantee would have to be given at least for products for which the existence of a manufacturer guarantee is obvious.
The manufacturer's warranty should offer the following information:
However, if the information provided by the manufacturer does not meet the legal requirements, one would adopt this as one's own, which also involves the risk of a warning.
J. Sample Warranty Terms
1. Introduction
IMPORTANT
We ask for your understanding that we cannot provide any fixed guarantee conditions in this form due to the great individuality of manufacturer guarantees.
In the following, we offer you a sample of what such a guarantee condition can look like.
However, this cannot be used without further ado, but must be compared with the respective manufacturer's guarantee.
Each individual item may differ from the warranty provided by the manufacturer.
Therefore we cannot assume any liability for the given sample in this form.
2. Warranty Term
2.1. Sample Manufacturer's Warranty
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 invoice date. The guarantee is valid throughout Europe.
If material or manufacturing defects occur in the product during the warranty period, the manufacturer offers to repair the goods free of charge or to replace them with an item of equal value.
However, the guarantee does not apply to damage caused by wear and tear, normal use, improper handling, use of force, non-observance of the operating instructions, environmental influences, use of force or your own repair attempts.
To claim the warranty, you must contact the manufacturer:
XYZ Ltd
Model Street 123
12345 Model City
model country
E-mail
phone
In order to make a claim under the guarantee, the guarantor must be given the opportunity to inspect the goods upon request. When sending in the goods, damage during transport must be avoided by packaging the goods appropriately.
If the guarantor requests proof of purchase, this must be sent to him. The guarantor can refuse the guarantee if no proof of purchase is sent to him.
The name and current address of the seller must be communicated to the guarantor if these are not evident from the proof of purchase.
For the buyer, the processing of the guarantee is free of charge. Shipping costs incurred will be reimbursed by the guarantor. The guarantor also bears the costs of any necessary removal of the goods for the purpose of sending them in.
This warranty is in addition to the buyer's other rights.
The statutory rights of the buyer, in particular the warranty or product liability, are not affected by this guarantee. They apply without restriction in addition to this guarantee and can be claimed free of charge, regardless of whether a guarantee case exists.
Sample dealer guarantee:
We grant a dealer guarantee for the product offered (further information and notes on the guarantee see below!)
Warranty conditions:
We grant you a dealer guarantee for the goods advertised with the guarantee promise for a period of 3 years from the invoice date. The guarantee is valid throughout Germany.
If material or manufacturing defects occur in the product during the warranty period, we offer to repair the goods free of charge or replace them with an item of equal value, at our discretion.
However, the guarantee does not apply to damage caused by wear and tear, normal use, improper handling, use of force, non-observance of the operating instructions, environmental influences, use of force or your own repair attempts.
To claim the guarantee, you must contact us as the guarantor:
(Enter your address here)
In order to make a claim under the guarantee, we must be given the opportunity to inspect the goods upon request. When sending in the goods, damage during transport must be avoided by packaging the goods appropriately.
If we require proof of purchase, this must be sent to us. We may refuse warranty service if proof of purchase is not provided to us.
For the buyer, the processing of the guarantee is free of charge. Shipping costs incurred will be reimbursed by us.
This warranty is in addition to the buyer's other rights. The statutory rights of the buyer, in particular the warranty or product liability, are not affected by this guarantee. They apply without restriction in addition to this guarantee and can be claimed free of charge, regardless of whether a guarantee case exists.
K. Sale of Defective Items
1. Sale of defective items
Sale of defective items:
Note to customers:
1. Notify The buyer must be specifically informed of the defect. Preferably with a note that is graphically highlighted separately from the other product information.
2. Express agreement There must be an express consent to the negative quality deviation. This can also be done again using the checkbox:
a) Checkbox in the checkout
on the last page with the text: "When purchasing "B-goods" or defective goods, I agree to the deviation from the objective requirements specified in the description of the goods and have taken note of them"
It is important here that the order cannot be triggered if the checkbox is not checked. In the goods summary on the last page, the defect must be expressly described again as text. As well as the consent e.g. this consent must be documented in the receipt of newsletters. After placing the order, the customer must receive the content of the contract in text form, i.e. also here with the express description of the goods and the defect. The customer must also get the text of his checkbox in text form.
b) Checkbox on the article itself The checkbox can also be placed on the article page.
"I agree with the deviation of the goods from the objective requirements described here and have taken note of them." The customer must not be able to place the goods in the shopping cart (or not be able to order using a quick order option such as PayPal Express) without having ticked the checkbox.
Please note that with this variant the goods cannot be placed in the shopping cart from another point in the shop. Here, too, the defect must be expressly described in the order summary on the last checkout page. The checkbox must also be documented here and, as described under a), all texts must be sent to the customer by email.
General
A. Instructions for the online dispute resolution platform of the EU Commission
B. Instructions for action for your general terms and conditions
C. Instructions for your data protection declaration and data protection in general
1. Involvement
2. Advertising with newsletters
3. Use of Google Analytics
4. Declaration of consent when using Facebook's conversion tracking technology ("Facebook Pixel")
5. Integration of YouTube videos
6. Use of cookies for advertising, tracking and analysis purposes
D. Instructions for your cancellation policy
E. Instructions for Your Payment Methods
F. Guidance on Delivery Times
G. Instructions for making changes to your online presence if customers' e-mail addresses are to be passed on to one of the parcel service providers DHL, GLS, UPS, DPD or Hermes for the purpose of delivery coordination with the customer:
H. Action Guide for Battery Disposal Information
I. Beware of advertising with guarantees!
J. Sample Warranty Terms
1. Introduction
2. Warranty Term
K. Sale of Defective Items
1. Sale of defective items
General
Please ensure that the legal texts are always used in their entirety and that nothing is left out. If possible, do not add anything, and not without advice.
If you omit individual parts, add or change them yourself, Protected Shops assumes no liability for any damage you may incur as a result.
A. Instructions for the online dispute resolution platform of the EU Commission
How to < url> https://www.protectedshops.de/infothek/whitepaper/ Verbraucherstreitbeilegung-neue-obligen-fuer-onlinehaendler-ab-01-02-2017
you have been required to provide a link to the EU Commission’s online dispute resolution platform since January 9th, 2016.
The link must be clickable.
How this is to be realized can differ from shop system to shop system.
Therefore, we cannot give any technical guidance here.
The normal HTML command would be:
http://ec.europa.eu/consumers/odr
B. Instructions for action for your general terms and conditions
These terms and conditions with customer information have been created and designed exclusively for your own online shop (web shop) . They may only be used for contracts for the delivery of goods.
These terms and conditions with customer information are not applicable to contracts for services (such as rental, work, agency, broker, partnership or travel agency contracts)!
They may also not be used for Internet platforms such as eBay, Amazon or other platforms, as otherwise there is a considerable risk of warnings.
You must also send these GTC with customer information to your customers in text form (e-mail, fax or letter).
This can best happen in the initial contact email that you send to the customer after the order has been received.
A transmission in the delivery of goods (e.g. on the back of the invoice) can also take place.
The terms and conditions with customer information should be entered in the online shop under a separate link "Terms and Conditions & Customer Information".
Check the publication of these terms and conditions with customer information to see whether they may contradict a cease-and-desist declaration that you have submitted in the past. If in doubt, seek legal advice.
C. Instructions for your data protection declaration and data protection in general
1. Involvement
Please enter the privacy policy under a separate link "Privacy Policy".
2. Advertising with newsletters
With the express consent of the customer (= customer registration for the newsletter)
Please note that just bringing your customer to the attention of this data protection declaration is not sufficient for consent to receive the newsletter. The customer must expressly declare at one point that he agrees to the use of his e-mail address for such purposes.
This is usually done using a checkbox that is integrated into the ordering process or separately.
The explanatory text must state which products or services of which companies the consent specifically covers.
You can use the following sentence for this:
"In accordance with your data protection declaration, please send me information on the following product range by e-mail on a regular basis (can be revoked at any time): [LISTING OF THE GROUPS OF GOODS YOU DISTRIBUTE]"
Please note that only the "Double Opt-In" method in the legal sense is suitable for obtaining the consent of the recipient in a verifiable manner. Send newsletters only after your customer has confirmed the double opt-in!
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=en
If you want to create a functioning opt-out cookie, a mechanism must be implemented using specific Java Script code that prevents data collection when an opt-out cookie is activated.
This Java Script code must always be integrated 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 individually assigned by Google.
Google also has instructions for programmatically preventing tracking via the link https://developers.google.com/analytics/devguides/collection/gajs/?hl=de#disable
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 it is very likely that user data from external websites will be linked to Facebook user profile data when using Facebook's conversion tracking technology, user consent must be obtained before loading the corresponding "Facebook pixel" code on your page!
It should therefore be noted that users are informed about the use of conversion tracking and must agree to it before a corresponding tracking code is used.
This requires either that the code is dynamically reloaded or that a page reload takes place. We recommend integrating the instruction and request for consent by means of a corresponding pop-up or banner on the provider's website, which is dynamically reloaded after the user has given their consent or initiates a page reload and only then executes the cookie.
The express requirement of the consent can be taken into account via a " consent button " in the context of the pop-up or banner.
It is important that the user must be instructed about the specific process of conversion tracking as part of his declaration of consent. It is possible to either integrate the instruction into the pop-up or banner or to include it in the data protection declaration, to which reference must then be made in the pop-up or banner.
In our opinion, the reference to the data protection declaration seems preferable, since a complete instruction would unnecessarily expand the dimensions of the pop-up window or banner and is also likely to confuse the user with an excess of text and information.
We recommend designing the pop-up or banner as follows:
"On this website, the Facebook pixel is used by Facebook for statistical purposes. With the help of a cookie, it can be understood how our marketing measures on Facebook can be included and improved. We would be very happy if you gave your consent. Information on the "Facebook -Pixel", you can find out more about cookies and your right to object in our data protection declaration [-> link to our own data protection declaration].
Within the pop-up or banner, there is an additional button below the aforementioned text
"I agree to the use of the Facebook pixel"
to insert
5. Integration of YouTube videos
A notice:
We recommend using the YouTube embedding function only in the so-called extended data protection mode!
In the so-called extended data protection mode, such framing codes are generated in relation to YouTube videos which - according to YouTube itself - link cookie activity and the data collection initiated as a result to use of the playback function of the video itself. This has the effect that data collection through mere use of the website with framed content (from YouTube videos) is prevented. Against this background, the concerns regarding the use of YouTube videos in compliance with data protection law in the company's own presence are at least reduced.
Creating an embed link in privacy-enhanced mode:
1.) In order to generate the embed link based on the extended data protection mode, you must first click on "Share" below the desired video on Youtube and then on "Embed".
2.) Instead of copying the displayed link, select the field labeled "Show more" below the code .
3.) In the following, a window with further options will be rolled out, of which the one with the title "Enable enhanced data protection mode" is to be selected by ticking the box at the bottom. Then the website www.youtube.com displayed in the original HTML code changes to the URL www.youtube-nocookie.com.
Adopting this link ensures that cookies are only set when the user plays the embedded video.
6. Use of cookies for advertising, tracking and analysis purposes
If you use cookies for advertising, tracking and analysis purposes, the website visitor must be informed of the use of cookies by the website at the beginning of the page call via a clearly visible banner/bar at the top or bottom edge of the website and informed that the operator of the website assumes the user's consent if he then continues to use the website.
"This website uses cookies to analyze website access/marketing measures.
By continuing to use the website, you agree to this use.
Information on cookies and your possibility of objection"
The passage "Information about cookies and your possibility of objection" must then be linked to the data protection declaration.
D. Instructions for your cancellation policy
The cancellation policy may only be used in connection with a distance contract in electronic commerce for the delivery of goods.
On the other hand, this cancellation policy is not suitable for contracts with the following content:
• Contracts for the sale of land or rights equivalent to land
• Contracts for services (which include, for example, rental, work, agency, brokerage, partnership brokerage or travel agency contracts)
• Contracts for the supply of water, electricity, gas (by unlimited volume or quantity) or district heating
• Contracts for the delivery of digital content that is not delivered on a physical medium
• Subscription Contracts
• Purchase on trial within the meaning of § 454 BGB.
You must also send your customers the cancellation policy and cancellation form in text form (e-mail, fax or letter). We recommend that you include the cancellation policy in the initial contact e-mail that you send to the customer after the order has been received. In addition, it can be attached to the delivery of goods (e.g. on the back of the invoice) as evidence (optional).
Warning: Before publishing this cancellation policy, you should carefully check whether it may contradict a cease-and-desist declaration that you previously submitted! Are you unsure? Get legal advice!
E. Instructions for Your Payment Methods
F. Guidance on Delivery Times
You are obliged to inform the consumer about the duration, start and end of the delivery period, within which the consumer can expect receipt of the goods in any case.
We recommend the following procedure for this:
1. For each item, please indicate the respective delivery period for shipping within Germany and mark it with an asterisk.
Examples:
Delivery time 3-5 days*
or
Delivery time maximum 5 days*
or
Delivery time up to 5 days*
If you also offer express shipping, indicate the changed delivery times
Example:
Delivery time: standard at most 5 days, express in 1 day*
2. Include a resolution of the asterisk hint in the footer of each landing page. Here you clarify for which countries the stated delivery times apply and link to the new page for delivery times
Example:
"For deliveries to Germany. The delivery times for other countries and information on how to calculate the delivery date can be found here
3. Show the maximum additional delivery times for other countries on a separate information page.
The most useful thing is a table that shows you the additional delivery time that applies to other countries. If in doubt, it is better to enter a period that is too long than too short.
Example:
Information on delivery times
In the table below you will find the delivery times for shipping to other countries, which you must add to the delivery time specified for the respective item.
country | Additional maximum duration in days
Austria | 2
Switzerland | 3
Italy | 5
etc.
4.
When ordering multiple items, it depends on whether you ship the items either in one shipment or in several shipments (partial shipments), depending on availability.
Example:
Common shipment :
Information on delivery times
In the table below you will find the delivery times for shipping to other countries, which you must add to the delivery time specified for the respective item.
country | Additional maximum duration in days
Austria | 2
Switzerland | 3
Italy | 5
etc.
If you order several items from us in one order, for which different delivery times apply, we will send the goods in one shipment, unless we have agreed otherwise with you. In this case, the delivery time that applies to the item in your order with the longest delivery time applies to the shipment as a whole.
Partial delivery (without additional shipping costs):
Information on delivery times
In the table below you will find the delivery times for shipping to other countries, which you must add to the delivery time specified for the respective item.
country | Additional maximum duration in days
Austria | 2
Switzerland | 3
Italy | 5
etc.
If you order several items from us as part of an order, for which different delivery times apply, we will ship the goods in several partial shipments, depending on availability, for which the delivery times specified for the respective item apply. Additional shipping costs do not apply.
5. Then please attach the following explanation for the calculation of the (latest) delivery date:
Information for calculating the delivery date
In the case of payment in advance, the period for delivery begins on the day after the payment order has been issued to the transferring bank or, in the case of other payment methods, on the day after the conclusion of the contract and ends with the expiry of the last day of the period. If the last day of the period falls on a Saturday, Sunday or a public holiday recognized by the state at the place of delivery, the next working day takes the place of such a day.
or, if your shipping company also delivers on Saturdays:
Information for calculating the delivery date
In the case of payment in advance, the period for delivery begins on the day after the payment order has been issued to the transferring bank or, in the case of other payment methods, on the day after the conclusion of the contract and ends with the expiry of the last day of the period. If the last day of the period falls on a Sunday or a public holiday recognized by the state at the place of delivery, the next working day takes the place of such a day.
G. Instructions for making changes to your online presence if customers' e-mail addresses are to be passed on to one of the parcel service providers DHL, GLS, UPS, DPD or Hermes for the purpose of delivery coordination with the customer:
You have indicated to us that you will not give any e-mail addresses to shipping service providers to process the order.
H. Action Guide for Battery Disposal Information
You have indicated to us that you do not sell any products with batteries or batteries themselves.
I. Beware of advertising with guarantees!
From January 1st, 2022, the guarantee declaration must be made available to the customer (consumer) on a durable medium (e.g. by email) in addition to the representation on the website at the latest by the delivery of the ordered goods (to which the guarantee applies), even if the consumer did not request this. The presentation on the website alone is no longer sufficient.
If the guarantee statement cannot be displayed on the product page, the specific product to which the statement relates must appear from the statement.
Unfortunately, warnings are also currently being issued if manufacturer guarantees are in place and are not being addressed.
Although it has not yet been fully clarified legally whether this is necessary, but in order to prevent warnings in this regard, information about this guarantee would have to be given at least for products for which the existence of a manufacturer guarantee is obvious.
The manufacturer's warranty should offer the following information:
- Warranty period (How long can it be claimed?)
- Name and address of the guarantor
- Description of the content of the guarantee (What exactly is guaranteed? - possible limitation to parts of the product)
- Note on the geographical limitation of the guarantee (e.g. throughout Germany, Europe, worldwide)
- Note that the warranty rights are not restricted by the guarantee
- Information on how to claim the guarantee (What should the customer do?)
However, if the information provided by the manufacturer does not meet the legal requirements, one would adopt this as one's own, which also involves the risk of a warning.
J. Sample Warranty Terms
1. Introduction
IMPORTANT
We ask for your understanding that we cannot provide any fixed guarantee conditions in this form due to the great individuality of manufacturer guarantees.
In the following, we offer you a sample of what such a guarantee condition can look like.
However, this cannot be used without further ado, but must be compared with the respective manufacturer's guarantee.
Each individual item may differ from the warranty provided by the manufacturer.
Therefore we cannot assume any liability for the given sample in this form.
2. Warranty Term
2.1. Sample Manufacturer's Warranty
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 invoice date. The guarantee is valid throughout Europe.
If material or manufacturing defects occur in the product during the warranty period, the manufacturer offers to repair the goods free of charge or to replace them with an item of equal value.
However, the guarantee does not apply to damage caused by wear and tear, normal use, improper handling, use of force, non-observance of the operating instructions, environmental influences, use of force or your own repair attempts.
To claim the warranty, you must contact the manufacturer:
XYZ Ltd
Model Street 123
12345 Model City
model country
phone
In order to make a claim under the guarantee, the guarantor must be given the opportunity to inspect the goods upon request. When sending in the goods, damage during transport must be avoided by packaging the goods appropriately.
If the guarantor requests proof of purchase, this must be sent to him. The guarantor can refuse the guarantee if no proof of purchase is sent to him.
The name and current address of the seller must be communicated to the guarantor if these are not evident from the proof of purchase.
For the buyer, the processing of the guarantee is free of charge. Shipping costs incurred will be reimbursed by the guarantor. The guarantor also bears the costs of any necessary removal of the goods for the purpose of sending them in.
This warranty is in addition to the buyer's other rights.
The statutory rights of the buyer, in particular the warranty or product liability, are not affected by this guarantee. They apply without restriction in addition to this guarantee and can be claimed free of charge, regardless of whether a guarantee case exists.
Sample dealer guarantee:
We grant a dealer guarantee for the product offered (further information and notes on the guarantee see below!)
Warranty conditions:
We grant you a dealer guarantee for the goods advertised with the guarantee promise for a period of 3 years from the invoice date. The guarantee is valid throughout Germany.
If material or manufacturing defects occur in the product during the warranty period, we offer to repair the goods free of charge or replace them with an item of equal value, at our discretion.
However, the guarantee does not apply to damage caused by wear and tear, normal use, improper handling, use of force, non-observance of the operating instructions, environmental influences, use of force or your own repair attempts.
To claim the guarantee, you must contact us as the guarantor:
(Enter your address here)
In order to make a claim under the guarantee, we must be given the opportunity to inspect the goods upon request. When sending in the goods, damage during transport must be avoided by packaging the goods appropriately.
If we require proof of purchase, this must be sent to us. We may refuse warranty service if proof of purchase is not provided to us.
For the buyer, the processing of the guarantee is free of charge. Shipping costs incurred will be reimbursed by us.
This warranty is in addition to the buyer's other rights. The statutory rights of the buyer, in particular the warranty or product liability, are not affected by this guarantee. They apply without restriction in addition to this guarantee and can be claimed free of charge, regardless of whether a guarantee case exists.
K. Sale of Defective Items
1. Sale of defective items
Sale of defective items:
Note to customers:
1. Notify The buyer must be specifically informed of the defect. Preferably with a note that is graphically highlighted separately from the other product information.
2. Express agreement There must be an express consent to the negative quality deviation. This can also be done again using the checkbox:
a) Checkbox in the checkout
on the last page with the text: "When purchasing "B-goods" or defective goods, I agree to the deviation from the objective requirements specified in the description of the goods and have taken note of them"
It is important here that the order cannot be triggered if the checkbox is not checked. In the goods summary on the last page, the defect must be expressly described again as text. As well as the consent e.g. this consent must be documented in the receipt of newsletters. After placing the order, the customer must receive the content of the contract in text form, i.e. also here with the express description of the goods and the defect. The customer must also get the text of his checkbox in text form.
b) Checkbox on the article itself The checkbox can also be placed on the article page.
"I agree with the deviation of the goods from the objective requirements described here and have taken note of them." The customer must not be able to place the goods in the shopping cart (or not be able to order using a quick order option such as PayPal Express) without having ticked the checkbox.
Please note that with this variant the goods cannot be placed in the shopping cart from another point in the shop. Here, too, the defect must be expressly described in the order summary on the last checkout page. The checkbox must also be documented here and, as described under a), all texts must be sent to the customer by email.