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    Action guide for the use of your legal texts and your payment methods

    Action guide for the use of your legal texts and your payment methods

    General
    A. Action guide to the online dispute resolution platform of the EU Commission
    B. Action guide for your general terms and conditions
    C. Action guide 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 when using the conversion tracking technology of Facebook ("Facebook pixel")
     5. use of cookies for advertising, tracking and analysis purposes
    D. Action guide for your revocation policy
    E. Action guide for your payment methods
    F. Guide to action on delivery times
    G. Action instructions for the changes on your online presence, if the e-mail addresses of customers 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 customers:
     1. action instructions for the changes on your online presence, if the e-mail addresses of customers are to be passed on to the parcel service provider DHL for the purpose of delivery coordination with the customers:
     2. action instructions for the changes on your online presence, if the e-mail addresses of customers are to be passed on to the parcel service provider UPS for the purpose of delivery coordination with the customers or for the transmission of the status information of the delivery shipment.
     3. action instructions for the changes on your online presence, if the e-mail addresses of customers are to be passed on to the parcel service provider DPD for the purpose of delivery coordination with the customers:
    H. Action instructions for battery disposal information
    I. Attention to advertising with guarantees!
    J. Sample warranty conditions
     1. introduction
     2. warranty condition

    General

    Please make sure that you always insert the legal texts completely and do not omit anything. If possible, do not add anything, and not without advice.

    If you omit individual parts, add or change them yourself, Protected Shops will not be liable for any damages that may arise from this.

    A. Action guide to the online dispute resolution platform of the EU Commission

    How you here you have to provide a link to the online dispute resolution platform of the EU Commission since January 9, 2016.


    The link must be clickable.
    How this is to be realized can differ from store system to store system.
    Therefore, we cannot provide any technical guidance here.

    The normal HTML command would be:
    http://ec.europa.eu/consumers/odr

    B. Action guide 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 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 count)!
    They may also not be used for Internet platforms such as eBay, Amazon or other platforms, otherwise there is a considerable risk of warning letters.

    You must provide these GTC with customer information to your customers. additionally in text form (e-mail, fax or letter).
    This can best happen in the initial contact email you send to the customer after the order is received.
     A transmission in the delivery of goods (for example, on the back of the invoice) can happen in addition.
    The GTC with customer information should be entered in the online store under a separate link "GTC & customer information". 

     Check the publication of these terms and conditions with customer information to see if they contradict a cease-and-desist declaration that you have made in the past. If in doubt, seek legal advice.

    C. Action guide for your privacy policy and for data protection in general

    1. integration

    Please maintain the privacy policy under a separate link "Privacy Policy".

    2. advertising with newsletters

     With the express consent of the customer (= registration of the customer for the newsletter).

    Note that merely bringing this privacy policy to the attention of your customer is not sufficient for consent to receive the newsletter. The customer must explicitly declare at one point that he agrees to the use of his e-mail address for such purposes. 

    Mostly this is done by a checkbox that is included in the order process or separately.
    It must be clear from the declaration text which products or services of which companies are specifically covered by the consent.

    You can use the following phrase for this:

    "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 PRODUCTS DISTRIBUTED BY YOU]"

    Please note that only the "double opt-in" method is suitable in the legal sense to obtain the consent of the recipient verifiably. Send newsletters only after your customer has confirmed the double opt-in!


    2.1 You can also send a newsletter without the express consent of your customer.
    In fact, such express consent to the sending of newsletters is only not required if the following conditions are met:

    • you have received your customer's email address in connection with the sale of a good or service, and
    • you use this e-mail address exclusively for advertising your own similar goods or services, and
    • the customer has not objected to this use and
    • the customer has already been clearly informed at the time of collection of the address and at each use that he/she can object to the use at any time without incurring transmission costs other than those according to the basic rates.


    We also recommend that you include the following text in the order process in a clearly legible manner:

    "We use your e-mail address in addition to processing your order to send you information about our own similar goods/(services). You can object to the use of your e-mail address for this purpose at any time without incurring any costs other than the transmission costs according to the basic rates. If you do not wish to receive further advertising, please inform us by e-mail to the following address: " Please insert your e-mail address here " or click on the link " please insert the name of the link, e.g. "Unsubscribe" " at the end of the newsletter ".

    Your customer must also be informed about this unsubscribe option in every email!

    Since the demarcation of "similar" goods is often very difficult and blurred, we generally only recommend sending newsletters after consent.

    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 working opt-out cookie, a mechanism that prevents data collection when an opt-out cookie is activated must be implemented by means of specific JavaScript code.

    This Java Script code must always from the actual Analytics code into the source code of the respective website.

    - The script is as follows:


    - Notice:
    Replace 'UA-XXXX-Y' with your custom tracking code assigned by Google.
    Google also has instructions on how to programmatically stop tracking via the link https://developers.google.com/analytics/devguides/collection/gajs/?hl=de#disable
    ready

    The script must be set to each (!) side on which a "Google Analytics" tracking code is implemented.

    If you use Google Analytics, you must conclude a data processing condition 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 the conversion tracking technology of Facebook ("Facebook pixel")

    Since it is very likely that user data from external websites will be coupled with Facebook user profile data when Facebook's conversion tracking technology is used, before the corresponding code of the "Facebook pixel" is loaded on your page the Obtaining user consent required!

    It should be noted, therefore, that users must be instructed about and agree to the use of conversion tracking even before a corresponding tracking code is used.

    This requires either that the code is dynamically reloaded or that a page reload occurs. We recommend that you replace the instruction and consent request with an appropriate Pop-Upor Banneron 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 satisfied by means of an "Consent button" within the pop-up or banner should be taken into account.

    It is important that the user is informed about the specific conversion tracking procedure as part of the declaration of consent. It is possible to either integrate the information into the pop-up or banner or to include it in the privacy policy, which in turn must be referred to in the pop-up or banner.

    In our opinion, the reference to the privacy policy 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 that you design 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 is thus possible to understand how our marketing measures on Facebook can be recorded and improved. We would be very pleased about your agreement with this.Information about the "Facebook pixel", cookies and the right of objection to which you are entitled can be found in our privacy policy [-> link to our own privacy policy]."

    Within the pop-up or banner, below the aforementioned text, there is then additionally the button

    "I agree to the use of the Facebook pixel".

    to insert.

    5. use of cookies for advertising, tracking and analysis purposes

    Should you use cookies for advertising, tracking and analysis purposes, the site visitor must be made aware of the use of cookies by the website via a clearly visible banner/bar at the top or bottom of the website at the beginning of the page visit and informed that the website operator assumes the user's consent if he or she continues to use the website as a result.

    "This website uses cookies to analyze website traffic/marketing efforts.

    By continuing to use the website, you consent to this use.
    Information about cookies and your possibility to object".

    The passage "Information on cookies and your option to object" must then be linked to the privacy policy.

    D. Action guide for your revocation 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 contents:

    - Contracts for the sale of real estate or rights equivalent to real estate
    - Contracts for services (which include, for example, rental contracts, contracts for work, agency contracts, brokerage contracts, partnership agency contracts, or travel agency contracts)
    - Contracts for the supply of water, electricity, gas (according to an unlimited volume or quantity) or district heating
    - Contracts for the delivery of digital content that is not delivered on a physical data carrier
    - Subscription contracts
    - Purchase on trial within the meaning of § 454 BGB.

    You must also send the cancellation policy and cancellation form to your customers 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 receipt of the order. In addition, it can be attached to the delivery of goods (for example, on the back of the invoice) for evidence purposes (optional).

    Attention: Before publishing this revocation notice, you should carefully check whether it may contradict a cease-and-desist declaration that you have previously submitted! You are unsure? Get legal advice!  

    E. Action guide for your payment methods

    No special actions are necessary for the payment methods you specify

    F. Guide to action on delivery times

    You are obliged to inform the consumer about the duration, beginning and expiry of the delivery period, within which the consumer can in any case expect to receive the goods.
    For this purpose, we recommend the following procedure:


    1. Please indicate the respective delivery time for a shipment within Germany for each item and mark it with an asterisk.
    Examples:

    Delivery time 3-5 days*
    or
    Delivery time 5 days at most*
    or
    Delivery time up to 5 days* 
    If you also offer express shipping, show the changed delivery times
    Example:
    Delivery time: Standard no more than 5 days, Express in 1 day*.

    2. Add a resolution to the asterisk notice in the footer of each listing 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 the information on the calculation of the delivery date can be found here

    3.  In a separate information page, indicate the maximum additional delivery times for other countries.
    The most useful is a table on which you indicate the additional delivery time that will be incurred for other countries. If in doubt, indicate too long rather than too short a period.

    Example:
    Delivery time information 

    In the table below you will find the delivery times for shipping to other countries, which you must add to the delivery time indicated for each 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 joint shipment or also in several shipments (partial shipments), depending on availability. 

    Example:
    Joint shipment:
    Delivery time information 

    In the table below you will find the delivery times for shipping to other countries, which you must add to the delivery time indicated for each 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 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 of goods as a whole.

    Partial delivery (without additional shipping costs):

    Delivery time information 

    In the table below you will find the delivery times for shipping to other countries, which you must add to the delivery time indicated for each 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 ship the goods in several partial shipments, depending on availability, for which the delivery times indicated for the respective item apply. Additional shipping costs do not apply.

    5. then please attach the following statement for the calculation of the (latest) delivery date:

    Information on the calculation of the delivery date

    The period for delivery shall commence in the case of payment in advance on the day after the payment order is issued to the remitting bank or, in the case of other methods of payment, on the day after conclusion of the contract 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 in the case of payment in advance on the day after the payment order is issued to the remitting bank or, in the case of other methods of payment, on the day after conclusion of the contract 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. Action instructions for the changes on your online presence, if the e-mail addresses of customers 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 customers:

    1. action instructions for the changes on your online presence, if the e-mail addresses of customers are to be passed on to the parcel service provider DHL for the purpose of delivery coordination with the customers:

    Change in the context of the store ordering process:

    You may only pass on the e-mail address collected from the customer to a third party (in this case DHL) if you have obtained the express consent of the customer concerned to pass on his e-mail address!
    This consent of the customer can be managed by a corresponding declaration text, which the customer explicitly confirms in the course of the ordering process in your online store by ticking an opt-in checkbox.

    - Therefore, please insert the following consent text (incl. check box) in the order process:

    " [ ] I agree that my e-mail address or telephone number may be sent to
     is passed on to DHL (Deutsche Post AG, Charles-de-Gaulle-Straße 20, 53113 Bonn, Germany) so that DHL, prior to delivery of the goods for the purpose of agreeing on a delivery date by e-mail or telephone 
    contact me or transmit status information on the delivery of the shipment. I can revoke my consent given in this regard at any time".

    Please note that the check box must not be prechecked! Reason: The customer must give his consent to the disclosure of his e-mail address voluntarily and independently!

    2. action instructions for the changes on your online presence, if the e-mail addresses of customers are to be passed on to the parcel service provider UPS for the purpose of delivery coordination with the customers or for the transmission of the status information of the delivery shipment.

    Change in the context of the store ordering process:

    You may only pass on the e-mail address collected from the customer to a third party (here UPS) if you have obtained the express consent of the customer concerned to pass on his e-mail address!

    This consent of the customer can be managed by a corresponding declaration text, which the customer explicitly confirms in the course of the ordering process in your online store by ticking an opt-in checkbox.

    - Therefore, please insert the following consent text (incl. check box) in the order process:

    " [ ] I agree that my e-mail address will be forwarded to UPS (United Parcel Service Deutschland Inc. & Co. OHG, Görlitzer Straße 1, 41460 Neuss, Germany) so that UPS can contact me by e-mail or telephone prior to delivery of the goods for the purpose of coordinating a delivery date or transmitting status information about the shipment delivery. I can revoke my consent given in this regard at any time, please contact us at the contact details contained in the imprint."

    Please note that the check box must not be prechecked! Reason: The customer must give his consent to the disclosure of his e-mail address voluntarily and independently!

    3. action instructions for the changes on your online presence, if the e-mail addresses of customers are to be passed on to the parcel service provider DPD for the purpose of delivery coordination with the customers:

    Change in the context of the store ordering process: You may only pass on the e-mail address collected from the customer to a third party (in this case DPD) if you have obtained the express consent of the customer concerned to pass on his e-mail address!

    This consent of the customer can be managed by a corresponding declaration text, which the customer explicitly confirms in the course of the ordering process in your online store by ticking an opt-in checkbox.

     Therefore, please insert the following consent text (incl. check box) in the order process:

    "[ ] I agree that my e-mail address as well as my telephone number will be passed on to DPD (DPD Deutschland GmbH, Wailandtstraße 1, 63741 Aschaffenburg, Germany) so that DPD can contact me by e-mail or telephone prior to delivery of the goods for the purpose of coordinating a delivery date or transmitting status information on the shipment delivery. I can revoke my consent given in this regard at any time."

    Please note that the check box must not be prechecked! Reason: The customer must give his consent to the disclosure of his e-mail address voluntarily and independently!

    H. Action instructions for battery disposal information

    You have indicated with us not to sell products with batteries or batteries themselves.

    I. Attention to advertising with guarantees!

    Particular caution is advisable when advertising with guarantees. Here it often comes to warnings

    If you want to advertise guarantees, it is essential that you provide more details about the terms of the guarantee.
    You can read the details here:
    https://www.protectedshops.de/infothek/glossar/garantiewerbung-auf-ebay

    As a general rule, we advise against advertising with guarantees, as the design is very complex. Seek legal advice here!

    Unfortunately, warnings are also currently being issued when manufacturers' warranties are present and these are not addressed.
    Although it has not yet been fully clarified in legal terms whether this is necessary, in order to prevent warnings in this regard, however, information about this warranty would actually have to be provided at least for those products for which the existence of a manufacturer's warranty is obvious.

    The manufacturer's warranty would have to offer the following information:

    • Period of validity of the guarantee (How long can it be claimed?)
    • Name and address of the guarantor
    • Description of the contents of the warranty (what exactly is guaranteed?-, possible limitation to parts of the product).
    • Note on the territorial limitation of the warranty (e.g. Germany-wide, Europe-wide, worldwide)
    • Note that the warranty does not limit the warranty rights
    • Information on claiming the warranty (How must the customer proceed?)
    This information should be given either on the product page itself, or on another web page linked to on the product page. If the manufacturer has a warranty page on which the information is given, this can be linked to in principle. 

    However, if the information provided by the manufacturer does not comply with the legal requirements, this would mean that the manufacturer would adopt the information as its own, which would also entail the risk of a warning notice.

    J. Sample 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.

    We offer below a sample of what such a warranty condition may look like.
    However, this cannot be used without further ado, but must be checked against the respective manufacturer's warranty.
    Each individual item may differ from the warranty provided by the manufacturer.
    Therefore, we cannot assume any liability for the given sample even in this form.

    2. warranty condition

    The manufacturer XYZ GmbH grants a manufacturer's warranty for the goods advertised with the warranty promise for a period of 2 years from the date of purchase . The warranty is valid throughout Europe.

    If during the warranty period the product is defective in material or workmanship, the manufacturer offers to repair the product free of charge or to replace it with an equivalent item, at the manufacturer's option.
    However, the warranty does not apply to damage resulting from wear and tear, normal consumption, improper handling, use of force or own repair attempts.

    To claim the warranty, you must contact the manufacturer:

    XYZ Ltd.
    Sample street 123
    12345 Sample city
    Sample country

    You will receive documentation from the manufacturer, which will allow you to return the product free of charge.
    You must include a copy of the original invoice with the product to prove the date of purchase. Please make sure to pack the product in such a way that no damage can occur in transit.

    This warranty is in addition to any other rights of the purchaser. The statutory rights of the purchaser, in particular the warranty or product liability, shall not be affected by this warranty. They shall apply without restriction in addition to this warranty.
    If the purchased goods have a defect, you can therefore contact us in any case within the framework of your statutory warranty rights, regardless of whether a warranty case exists.