Instructions for the use of your legal texts and payment methods
Instructions for the use of your legal texts and payment methods
General information
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 for data protection in general
1. integration
2. advertising with newsletters
3. use of Google Analytics
4. declaration of consent for the use of 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 withdrawal policy
E. Instructions for your payment methods
F. Instructions on the delivery periods
G. Instructions for changes to your online presence if the e-mail addresses of customers are to be forwarded to one of the parcel service providers DHL, GLS, UPS, DPD or Hermes for the purpose of coordinating deliveries with customers:
H. Handling instructions for information on battery disposal
I. Beware of advertising with guarantees!
J. Model warranty conditions
1. introduction
2nd warranty condition
K. Sale of defective goods
1. sale of defective goods
General information
Please ensure that the legal texts are always complete and that nothing is left out. If possible, do not add anything, even without advice.
If you omit, add or change individual parts yourself, Protected Shops accepts no liability for any damage you may suffer as a result.
A. Instructions for the EU Commission's online dispute resolution platform
How to <url>https://www.protectedshops.de/infothek/whitepaper/verbraucherstreitbeilegung-neue-pflichten-fuer-onlinehaendler-ab-01-02-2017
you have had to provide a link to the EU Commission's online dispute resolution platform since January 9, 2016.
The link must be clickable.
How this is to be realized can differ from store system to store system.
We are therefore unable to 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 GTC with customer information are exclusively for your own online store (webshop) created and designed. They may only be used for contracts for Deliveries of goods can be used.
These GTC with customer information are not applicable to contracts for services (such as rental, work, agency, brokerage, partnership or travel agency contracts)!
They may also not be used for Internet platforms such as eBay, Amazon or other platforms, as otherwise there is a considerable risk of warnings.
You must provide these GTC with customer information to your customers. additionally in text form (e-mail, fax or letter).
This can best be done in the first contact email that you send to the customer after receipt of the order.
A transmission in the delivery of goods (e.g. on the back of the invoice) can also be made.
The GTC with customer information should be entered in the online store under a separate link "GTC & customer information".
Check the publication of these general terms and conditions with customer information to see whether they contradict a cease-and-desist declaration that you have issued in the past. If in doubt, seek legal advice.
C. Instructions for your privacy policy and for data protection in general
1. integration
Please enter the privacy policy under a separate link "Privacy policy".
2. advertising with newsletters
With the express consent of the customer (= registration of the customer for the newsletter)
Please note that it is not sufficient to simply inform your customer of this privacy policy in order to obtain consent to receive the newsletter. The customer must expressly declare at some point that they agree to their email address being used for such purposes.
This is usually done via a checkbox that is integrated in the order process or separately.
The text of the declaration must indicate which products or services of which companies are specifically covered by the consent.
You can use the following sentence:
"In accordance with your privacy policy, please send me information on the following product range by e-mail on a regular basis (revocable at any time): [LIST OF PRODUCT GROUPS DISTRIBUTED BY YOU]"
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!
3. use of Google Analytics
Be sure to use Google Analytics with the "_anonymizeIP()" code function.
More details:
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 a specific Java Script code that prevents data collection when an opt-out cookie is activated.
This Java Script code must always be before The data can be integrated into the source code of the respective website in addition to the actual analytics code.
- The script is as follows:
- Note:
Replace 'UA-XXXXXXXX-Y' with your individual tracking code assigned 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 be set to 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: Be sure to keep a copy of the contract for evidence purposes.
4. declaration of consent for the use of Facebook's 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, before loading the corresponding code of the "Facebook pixel" on your site, the Obtaining user consent required!
It should therefore be noted 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 reloaded dynamically or that a page reload takes place. We recommend that the instruction and request for consent be accompanied by a corresponding Pop-Up or Banner on the provider's site, which is dynamically reloaded after the user has given his consent, or to integrate a Page reload initiated and only then executes the cookie.
The express requirement of consent can be met via a "Consent button" in the context of the pop-up or banner.
It is important that the user must be informed about the specific conversion tracking procedure as part of their declaration of consent. It is possible to either integrate the instruction into the pop-up or banner or to include it in the privacy policy, to which reference must then be made in the pop-up or banner.
In our opinion, the 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:
"This website uses the Facebook pixel from Facebook for statistical purposes. With the help of a cookie, it is possible to understand how our marketing measures on Facebook can be recorded and improved. We would be very pleased if you agree to this, and you can find information about the "Facebook pixel", cookies and your right to object in our privacy policy [-> link to our privacy policy]."
Within the pop-up or banner, below the aforementioned text, the button
"I agree to the use of the Facebook pixel"
to be inserted.
5. integration of YouTube videos
Note:
We recommend using the Youtube embedding function exclusively 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 a cookie activity and the resulting data collection only to the use of the playback function of the video itself. The effect of this is that data collection is prevented by the mere use of the website with content framed (by YouTube videos). Against this background, the concerns regarding the use of YouTube videos on the website in compliance with data protection law are at least reduced.
Creation of an embed link in extended data protection mode:
1) To create 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) However, instead of copying the displayed link below the code the field labeled "Show more" to select.
3) In the following, a window with further options is rolled out, of which the one with the title "Activate extended data protection mode" must be selected by ticking the box. The website www.youtube.com displayed in the original HTML code is then converted to the URL www.youtube-nocookie.com.
The adoption of this link ensures that cookies are only set when the embedded video is played by the user.
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 view via a clearly visible banner/bar at the top or bottom of the website and informed that the operator of the website assumes the user's consent if he/she then continues to use the website.
"This website uses cookies to analyze website access/marketing measures.
By continuing to use the website, you consent to this use.
Information on cookies and your right to object"
The passage "Information on cookies and your right to object" must then be linked to the privacy policy.
D. Instructions for your withdrawal policy
The withdrawal policy may only be used in connection with a distance contract in electronic commerce for the delivery of goods.
However, this withdrawal policy is not suitable for contracts with the following content:
- Contracts for the sale of real estate or rights equivalent to real estate
- Contracts for services (which include rental, work, agency, brokerage, partnership or travel agency contracts)
- Contracts for the supply of water, electricity, gas (not limited in 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 § 454 BGB.
You must also send your customers the cancellation policy and cancellation form in text form (email, fax or letter). We recommend that you include the withdrawal policy in the first contact e-mail 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 evidence purposes (optional).
Attention: Before publishing this withdrawal policy, you should carefully check whether it may contradict a cease-and-desist declaration that you have previously submitted! Are you unsure? Seek legal advice!
E. Instructions for your payment methods
F. Instructions on the delivery periods
You are obliged to inform the consumer of the duration, start and expiry of the delivery period within which the consumer can in any case expect to receive the goods.
We recommend the following procedure:
1. Please indicate the 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 also offer express delivery, please indicate the changed delivery times
Example:
Delivery time: Standard maximum 5 days, Express in 1 day*
2. Insert a resolution of the asterisk in the footer of each offer page. Here you clarify which countries the stated 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 information on calculating the delivery date can be found here
3. Indicate the maximum additional delivery times for other countries in a separate information page.
It is best to use a table in which you indicate the additional delivery time that applies to 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 following table 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 several items, it depends on whether you send the items either in a single shipment or in several shipments (partial shipments), depending on availability.
Example:
Joint program:
Information on delivery times
In the following table 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 one order, for which different delivery times apply, we will send the goods in a joint 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 following table 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 within the scope of 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 attach the following declaration for the calculation of the (latest) delivery date:
Information on the calculation of the delivery date
The period for delivery shall commence on the day after the payment order is issued to the remitting bank in the case of payment in advance or on the day after conclusion of the contract in the case of other payment methods and shall end 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 shall take the place of such a day.
or, if your shipping company also delivers on Saturdays:
Information on the calculation of the delivery date
The period for delivery shall commence on the day after the payment order is issued to the remitting bank in the case of payment in advance or on the day after conclusion of the contract in the case of other payment methods and shall end 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 shall take the place of such a day.
G. Instructions for changes to your online presence if the e-mail addresses of customers are to be forwarded to one of the parcel service providers DHL, GLS, UPS, DPD or Hermes for the purpose of coordinating deliveries with customers:
You have indicated to us that you do not wish to provide e-mail addresses to shipping service providers for processing your order.
H. Handling instructions for information on battery disposal
You have indicated to us that you do not sell any products with batteries or batteries themselves.
I. Beware of advertising with guarantees!
From 01.01.2022, the warranty declaration must be provided to the customer (consumer) in addition to the presentation on the website at the latest by the time of delivery of the ordered goods (to which the guarantee applies) on a durable medium (e.g. by email), even if the consumer has not requested this even if the consumer has not requested this. The mere presentation on the website is no longer sufficient.
If the warranty declaration cannot be displayed on the product page cannot be displayed on the product page, the specific product to which the the declaration refers to must be stated in the declaration.
Unfortunately, warnings are currently also being issued if manufacturer warranties are available and these are not honored.
Although it has not yet been fully clarified in law 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 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 make it their own, which also entails the risk of a warning.
J. Model warranty conditions
1. introduction
IMPORTANT
We ask for your understanding that we cannot provide fixed warranty conditions in this form due to the great individuality of manufacturer warranties.
Below we offer you a sample of what such a guarantee 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 granted by the manufacturer.
Therefore, we cannot accept any liability for the sample provided, even in this form.
2nd warranty condition
2.1. Sample manufacturer's warranty
The manufacturer XYZ GmbH grants a manufacturer's warranty for a period of 2 years from the invoice date manufacturer's warranty for the goods advertised with the warranty promise. The guarantee is valid throughout Europe.
If material or manufacturing defects occur in the product during the manufacturing defects occur, the manufacturer offers to repair the product free of charge repair the product free of charge or replace it with an item of equal value. replace it.
However, the warranty does not apply to damage caused by wear and tear, normal consumption, improper handling, use of force, use of force, failure to observe the operating instructions, environmental influences, use of force or own repair attempts.
To make a claim under the warranty, you must contact the manufacturer:
XYZ Ltd.
Sample street 123
12345 Sample city
Model country
Email
Telephone
In order to make a claim under the guarantee, the guarantor must be allowed to inspect the goods upon request. When When sending in the goods, damage in transit must be avoided by packing the goods packaging of the goods.
If the guarantor requires proof of purchase, this must be this must be sent to him. The guarantor may refuse to provide the if no proof of purchase is provided.
The warrantor must be informed of the name and current address of the of the seller, if these are not evident from the proof of purchase.
The handling of the guarantee is free of charge for the buyer. Any shipping costs incurred will be reimbursed by the guarantor. The costs of any necessary removal of the goods for the purpose of returning them. return.
This guarantee applies in addition to the other rights of the buyer.
The statutory rights of the purchaser, 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 free of charge, irrespective of whether a warranty case exists.
Sample Dealer warranty:
We grant a dealer warranty for the product offered (see below for further information and notes on the warranty)
Warranty conditions:
For a period of 3 years from the invoice date, we grant you a date of invoice for the goods advertised with the guarantee promise. advertised goods. The guarantee is valid throughout Germany.
If material or manufacturing defects occur in the product during the manufacturing defects occur, we offer to repair the product free of charge repair the product free of charge or replace it with an item of equal value.
However, the warranty does not apply to damage caused by wear and tear, normal consumption, improper handling, use of force, use of force, failure to observe the operating instructions, environmental influences, use of force or own repair attempts.
To make a claim under 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 be allowed to inspect the goods on request. When sending in the goods damage during transportation must be avoided by packing the goods appropriately. the goods.
If we require proof of purchase, this must be sent to us. sent to us. We may refuse to honor the warranty if no proof of purchase proof of purchase is sent to us.
The handling of the guarantee is free of charge for the buyer. Any shipping costs incurred will be reimbursed by us.
This guarantee applies in addition to the other rights of the buyer. The statutory rights of the buyer, in particular the warranty or product or product liability are not affected by this guarantee. They apply unrestricted in addition to this guarantee and can be claimed free of charge regardless of whether a warranty case exists.
K. Sale of defective goods
1. sale of defective goods
Sale of defective goods:
Note to customers:
1. inform The buyer must be informed of the defect in a particularly be made aware of the defect. This is best done by means of a notice that is graphically graphically highlighted separately from the other product information.
2. express agreement There must be an express agreement to the negative deviation in quality. This can also be done using the checkbox:
a) Checkbox in the checkout
on the last page with the text: "When purchasing "B-goods" or defective goods, I am with the deviation from the objective requirements stated in the description of the goods objective requirements and have taken note of this"
It is important to note here that the order cannot be triggered if the checkbox is not ticked. In the goods summary on the the last page, the defect must be expressly described as text. As with the consent to receive newsletters, for example this consent must be documented. After placing the order, the customer must receive the content of the contract in text form, i.e. here too with an express description of the goods and the defect. and the defect. The customer must also receive the text of his checkbox in text form. in text form.
b) Checkbox next to the article itself The checkbox can also be placed on the article page. page.
"I agree with the deviation of the goods described here from the objective objective requirements and have taken note of them." The customer must not be able to add the goods to the shopping cart (or not be able to order via quick order options such as PayPal Express ) without having checked the checkbox.
Please make sure that the goods cannot be added to the shopping cart from another location in the store. shopping cart. Here too, the defect must be expressly described in the order summary, the defect must be expressly described. Likewise the checkbox must be documented here and, as described under a), all texts must be all texts must be sent to the customer by email.
General information
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 for data protection in general
1. integration
2. advertising with newsletters
3. use of Google Analytics
4. declaration of consent for the use of 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 withdrawal policy
E. Instructions for your payment methods
F. Instructions on the delivery periods
G. Instructions for changes to your online presence if the e-mail addresses of customers are to be forwarded to one of the parcel service providers DHL, GLS, UPS, DPD or Hermes for the purpose of coordinating deliveries with customers:
H. Handling instructions for information on battery disposal
I. Beware of advertising with guarantees!
J. Model warranty conditions
1. introduction
2nd warranty condition
K. Sale of defective goods
1. sale of defective goods
General information
Please ensure that the legal texts are always complete and that nothing is left out. If possible, do not add anything, even without advice.
If you omit, add or change individual parts yourself, Protected Shops accepts no liability for any damage you may suffer as a result.
A. Instructions for the EU Commission's online dispute resolution platform
How to <url>https://www.protectedshops.de/infothek/whitepaper/verbraucherstreitbeilegung-neue-pflichten-fuer-onlinehaendler-ab-01-02-2017
you have had to provide a link to the EU Commission's online dispute resolution platform since January 9, 2016.
The link must be clickable.
How this is to be realized can differ from store system to store system.
We are therefore unable to 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 GTC with customer information are exclusively for your own online store (webshop) created and designed. They may only be used for contracts for Deliveries of goods can be used.
These GTC with customer information are not applicable to contracts for services (such as rental, work, agency, brokerage, partnership or travel agency contracts)!
They may also not be used for Internet platforms such as eBay, Amazon or other platforms, as otherwise there is a considerable risk of warnings.
You must provide these GTC with customer information to your customers. additionally in text form (e-mail, fax or letter).
This can best be done in the first contact email that you send to the customer after receipt of the order.
A transmission in the delivery of goods (e.g. on the back of the invoice) can also be made.
The GTC with customer information should be entered in the online store under a separate link "GTC & customer information".
Check the publication of these general terms and conditions with customer information to see whether they contradict a cease-and-desist declaration that you have issued in the past. If in doubt, seek legal advice.
C. Instructions for your privacy policy and for data protection in general
1. integration
Please enter the privacy policy under a separate link "Privacy policy".
2. advertising with newsletters
With the express consent of the customer (= registration of the customer for the newsletter)
Please note that it is not sufficient to simply inform your customer of this privacy policy in order to obtain consent to receive the newsletter. The customer must expressly declare at some point that they agree to their email address being used for such purposes.
This is usually done via a checkbox that is integrated in the order process or separately.
The text of the declaration must indicate which products or services of which companies are specifically covered by the consent.
You can use the following sentence:
"In accordance with your privacy policy, please send me information on the following product range by e-mail on a regular basis (revocable at any time): [LIST OF PRODUCT GROUPS DISTRIBUTED BY YOU]"
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!
3. use of Google Analytics
Be sure to use Google Analytics with the "_anonymizeIP()" code function.
More details:
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 a specific Java Script code that prevents data collection when an opt-out cookie is activated.
This Java Script code must always be before The data can be integrated into the source code of the respective website in addition to the actual analytics code.
- The script is as follows:
- Note:
Replace 'UA-XXXXXXXX-Y' with your individual tracking code assigned 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 be set to 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: Be sure to keep a copy of the contract for evidence purposes.
4. declaration of consent for the use of Facebook's 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, before loading the corresponding code of the "Facebook pixel" on your site, the Obtaining user consent required!
It should therefore be noted 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 reloaded dynamically or that a page reload takes place. We recommend that the instruction and request for consent be accompanied by a corresponding Pop-Up or Banner on the provider's site, which is dynamically reloaded after the user has given his consent, or to integrate a Page reload initiated and only then executes the cookie.
The express requirement of consent can be met via a "Consent button" in the context of the pop-up or banner.
It is important that the user must be informed about the specific conversion tracking procedure as part of their declaration of consent. It is possible to either integrate the instruction into the pop-up or banner or to include it in the privacy policy, to which reference must then be made in the pop-up or banner.
In our opinion, the 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:
"This website uses the Facebook pixel from Facebook for statistical purposes. With the help of a cookie, it is possible to understand how our marketing measures on Facebook can be recorded and improved. We would be very pleased if you agree to this, and you can find information about the "Facebook pixel", cookies and your right to object in our privacy policy [-> link to our privacy policy]."
Within the pop-up or banner, below the aforementioned text, the button
"I agree to the use of the Facebook pixel"
to be inserted.
5. integration of YouTube videos
Note:
We recommend using the Youtube embedding function exclusively 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 a cookie activity and the resulting data collection only to the use of the playback function of the video itself. The effect of this is that data collection is prevented by the mere use of the website with content framed (by YouTube videos). Against this background, the concerns regarding the use of YouTube videos on the website in compliance with data protection law are at least reduced.
Creation of an embed link in extended data protection mode:
1) To create 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) However, instead of copying the displayed link below the code the field labeled "Show more" to select.
3) In the following, a window with further options is rolled out, of which the one with the title "Activate extended data protection mode" must be selected by ticking the box. The website www.youtube.com displayed in the original HTML code is then converted to the URL www.youtube-nocookie.com.
The adoption of this link ensures that cookies are only set when the embedded video is played by the user.
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 view via a clearly visible banner/bar at the top or bottom of the website and informed that the operator of the website assumes the user's consent if he/she then continues to use the website.
"This website uses cookies to analyze website access/marketing measures.
By continuing to use the website, you consent to this use.
Information on cookies and your right to object"
The passage "Information on cookies and your right to object" must then be linked to the privacy policy.
D. Instructions for your withdrawal policy
The withdrawal policy may only be used in connection with a distance contract in electronic commerce for the delivery of goods.
However, this withdrawal policy is not suitable for contracts with the following content:
- Contracts for the sale of real estate or rights equivalent to real estate
- Contracts for services (which include rental, work, agency, brokerage, partnership or travel agency contracts)
- Contracts for the supply of water, electricity, gas (not limited in 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 § 454 BGB.
You must also send your customers the cancellation policy and cancellation form in text form (email, fax or letter). We recommend that you include the withdrawal policy in the first contact e-mail 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 evidence purposes (optional).
Attention: Before publishing this withdrawal policy, you should carefully check whether it may contradict a cease-and-desist declaration that you have previously submitted! Are you unsure? Seek legal advice!
E. Instructions for your payment methods
F. Instructions on the delivery periods
You are obliged to inform the consumer of the duration, start and expiry of the delivery period within which the consumer can in any case expect to receive the goods.
We recommend the following procedure:
1. Please indicate the 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 also offer express delivery, please indicate the changed delivery times
Example:
Delivery time: Standard maximum 5 days, Express in 1 day*
2. Insert a resolution of the asterisk in the footer of each offer page. Here you clarify which countries the stated 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 information on calculating the delivery date can be found here
3. Indicate the maximum additional delivery times for other countries in a separate information page.
It is best to use a table in which you indicate the additional delivery time that applies to 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 following table 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 several items, it depends on whether you send the items either in a single shipment or in several shipments (partial shipments), depending on availability.
Example:
Joint program:
Information on delivery times
In the following table 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 one order, for which different delivery times apply, we will send the goods in a joint 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 following table 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 within the scope of 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 attach the following declaration for the calculation of the (latest) delivery date:
Information on the calculation of the delivery date
The period for delivery shall commence on the day after the payment order is issued to the remitting bank in the case of payment in advance or on the day after conclusion of the contract in the case of other payment methods and shall end 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 shall take the place of such a day.
or, if your shipping company also delivers on Saturdays:
Information on the calculation of the delivery date
The period for delivery shall commence on the day after the payment order is issued to the remitting bank in the case of payment in advance or on the day after conclusion of the contract in the case of other payment methods and shall end 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 shall take the place of such a day.
G. Instructions for changes to your online presence if the e-mail addresses of customers are to be forwarded to one of the parcel service providers DHL, GLS, UPS, DPD or Hermes for the purpose of coordinating deliveries with customers:
You have indicated to us that you do not wish to provide e-mail addresses to shipping service providers for processing your order.
H. Handling instructions for information on battery disposal
You have indicated to us that you do not sell any products with batteries or batteries themselves.
I. Beware of advertising with guarantees!
From 01.01.2022, the warranty declaration must be provided to the customer (consumer) in addition to the presentation on the website at the latest by the time of delivery of the ordered goods (to which the guarantee applies) on a durable medium (e.g. by email), even if the consumer has not requested this even if the consumer has not requested this. The mere presentation on the website is no longer sufficient.
If the warranty declaration cannot be displayed on the product page cannot be displayed on the product page, the specific product to which the the declaration refers to must be stated in the declaration.
Unfortunately, warnings are currently also being issued if manufacturer warranties are available and these are not honored.
Although it has not yet been fully clarified in law 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 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. Germany-wide, Europe-wide, worldwide)
- Note that the warranty does not restrict the warranty rights
- Information on asserting the guarantee (How should the customer proceed?)
However, if the manufacturer's information does not meet the legal requirements, this would make it their own, which also entails the risk of a warning.
J. Model warranty conditions
1. introduction
IMPORTANT
We ask for your understanding that we cannot provide fixed warranty conditions in this form due to the great individuality of manufacturer warranties.
Below we offer you a sample of what such a guarantee 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 granted by the manufacturer.
Therefore, we cannot accept any liability for the sample provided, even in this form.
2nd warranty condition
2.1. Sample manufacturer's warranty
The manufacturer XYZ GmbH grants a manufacturer's warranty for a period of 2 years from the invoice date manufacturer's warranty for the goods advertised with the warranty promise. The guarantee is valid throughout Europe.
If material or manufacturing defects occur in the product during the manufacturing defects occur, the manufacturer offers to repair the product free of charge repair the product free of charge or replace it with an item of equal value. replace it.
However, the warranty does not apply to damage caused by wear and tear, normal consumption, improper handling, use of force, use of force, failure to observe the operating instructions, environmental influences, use of force or own repair attempts.
To make a claim under the warranty, you must contact the manufacturer:
XYZ Ltd.
Sample street 123
12345 Sample city
Model country
Telephone
In order to make a claim under the guarantee, the guarantor must be allowed to inspect the goods upon request. When When sending in the goods, damage in transit must be avoided by packing the goods packaging of the goods.
If the guarantor requires proof of purchase, this must be this must be sent to him. The guarantor may refuse to provide the if no proof of purchase is provided.
The warrantor must be informed of the name and current address of the of the seller, if these are not evident from the proof of purchase.
The handling of the guarantee is free of charge for the buyer. Any shipping costs incurred will be reimbursed by the guarantor. The costs of any necessary removal of the goods for the purpose of returning them. return.
This guarantee applies in addition to the other rights of the buyer.
The statutory rights of the purchaser, 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 free of charge, irrespective of whether a warranty case exists.
Sample Dealer warranty:
We grant a dealer warranty for the product offered (see below for further information and notes on the warranty)
Warranty conditions:
For a period of 3 years from the invoice date, we grant you a date of invoice for the goods advertised with the guarantee promise. advertised goods. The guarantee is valid throughout Germany.
If material or manufacturing defects occur in the product during the manufacturing defects occur, we offer to repair the product free of charge repair the product free of charge or replace it with an item of equal value.
However, the warranty does not apply to damage caused by wear and tear, normal consumption, improper handling, use of force, use of force, failure to observe the operating instructions, environmental influences, use of force or own repair attempts.
To make a claim under 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 be allowed to inspect the goods on request. When sending in the goods damage during transportation must be avoided by packing the goods appropriately. the goods.
If we require proof of purchase, this must be sent to us. sent to us. We may refuse to honor the warranty if no proof of purchase proof of purchase is sent to us.
The handling of the guarantee is free of charge for the buyer. Any shipping costs incurred will be reimbursed by us.
This guarantee applies in addition to the other rights of the buyer. The statutory rights of the buyer, in particular the warranty or product or product liability are not affected by this guarantee. They apply unrestricted in addition to this guarantee and can be claimed free of charge regardless of whether a warranty case exists.
K. Sale of defective goods
1. sale of defective goods
Sale of defective goods:
Note to customers:
1. inform The buyer must be informed of the defect in a particularly be made aware of the defect. This is best done by means of a notice that is graphically graphically highlighted separately from the other product information.
2. express agreement There must be an express agreement to the negative deviation in quality. This can also be done using the checkbox:
a) Checkbox in the checkout
on the last page with the text: "When purchasing "B-goods" or defective goods, I am with the deviation from the objective requirements stated in the description of the goods objective requirements and have taken note of this"
It is important to note here that the order cannot be triggered if the checkbox is not ticked. In the goods summary on the the last page, the defect must be expressly described as text. As with the consent to receive newsletters, for example this consent must be documented. After placing the order, the customer must receive the content of the contract in text form, i.e. here too with an express description of the goods and the defect. and the defect. The customer must also receive the text of his checkbox in text form. in text form.
b) Checkbox next to the article itself The checkbox can also be placed on the article page. page.
"I agree with the deviation of the goods described here from the objective objective requirements and have taken note of them." The customer must not be able to add the goods to the shopping cart (or not be able to order via quick order options such as PayPal Express ) without having checked the checkbox.
Please make sure that the goods cannot be added to the shopping cart from another location in the store. shopping cart. Here too, the defect must be expressly described in the order summary, the defect must be expressly described. Likewise the checkbox must be documented here and, as described under a), all texts must be all texts must be sent to the customer by email.