General
A. Action line on the EU Commission's online travel lighting platform
B. Action guidance for your General Terms and Conditions
C. Instructions for action for your privacy policy and data protection in general
1. Integration
2. Advertising with newsletters
3. Use of cookies for advertising, tracking and analysis purposes
D. Action guide for your revocation instruction
E. Action guide for your payment methods
F. Action instructions on delivery deadlines
G. Action guide for the changes to your online presence, if the email 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:
H. Handlungan for information on battery disposal
I. Respect for advertising with guarantees!
J. Sample warranty conditions
1. Introduction
2. Warranty Condition
General
Please make sure that the legal texts are always fully used and that nothing can be left out. Do not add anything, and also not without advice.
If you omit individual parts, add or modify them yourself, Protected Shops does not accept any liability for any of these parts. resulting damage.
A. Action line on the EU Commission's online travel lighting platform
How you<url >https://www.protectedshops.de/infothek/whitepaper/verbraucherstreitbeilegung-neue-pflichten-fuer-onlinehaendler-ab-01-02-2017
Since 09.01.2016 you have already been able to have a link to the online travel training platform of the EU Commission.
The link must be clickable.
How this can be realized can be different from shop system to shop system.
Therefore, we cannot provide technical guidance here.
The normal HTML command would be:
http://ec.europa.eu/consumers/odr
B. Action guidance for your General Terms and Conditions
These GTC with customer information are exclusively for your Own Online-Shop (webshop)created and designed. They may only be used for contracts Delivery of goods shall be used.
These GTC with customer information are not applicable to contracts for services (such as rental, work, business, brokerage, partnership brokerage or travel contracts)!
They may also not be used for Internet platforms such as eBay, Amazon or other platforms, since there is otherwise a considerable risk of demaphroidisation.
You have to make these GTC with customer information mandatoryin addition in text form (email, fax or letter).
This can best happen in the first contact mail you send to the customer after receipt of the order.
A consignment in the delivery of goods (e.g. on the back of the invoice) can also be carried out.
The GTC with customer information should be included in the Online-Shop under a separate link "AGB & Customer Information".
Check the publication of these General Terms and Conditions with customer information as to whether they may be contradict a declaration of injunctions that you have made in the past. In case of doubt, let yourself be advised on a lawyer's behalf.
C. Instructions for action for your privacy policy and data protection in general
1. Integration
Please maintain the privacy policy under a separate link "Privacy Policy".
2. Advertising with newsletters
With the express consent of the customer (= customer registration for the newsletter)
Please note that it is not sufficient for your consent to receive the newsletter to bring this data protection declaration to your customer's attention. The customer must explicitly state in one place that he agrees to the use of his email address for such purposes.
Most of the time, this happens through a checkbox, which is included in the order process or separately.
The explanatory text must indicate which products or services which companies have given their consent to concretely.
You can use the following sentence:
"Please send me, in accordance with your data protection declaration, regular (at any time revocable) information about the following product range by e-mail: [ENUMERATION OF THE PRODUCT GROUPS DISTRIBUTED BY THEM]"
Please note that only the "Double Opt-In" method is suitable in the legal sense to obtain the consent of the recipient. Please 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.
Such explicit consent to the transmission of newsletters is only not required if the following conditions are met:
- you have received the email address of your customer in connection with the sale of a product or service; and
- You use this email address exclusively for advertising purposes for your own similar goods or services and
- the customer has not objected to this use, and
- the customer has already been made clear when collecting the address and when using it, that he can object to the use at any time without creating any other than the delivery costs in accordance with the basic tariffs.
We also recommend that you include the following text in the ordering process:
" We use your e-mail address in addition to the processing of your order to send you information about your own similar goods/services. You may object to the use of your e-mail address for this purpose at any time, without creating any other than the delivery costs according to the basic rates. If you do not want any further advertising, please let us know by e-mail to the following address: " Please insert your email 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 in every email about this possibility of logging out!
Since the delimitation of "similar" goods is often very difficult and blurred, we recommend in principle only the sending of newsletters after consent.
3. Use of cookies for advertising, tracking and analysis purposes
If you use cookies for advertising, tracking and analysis purposes, the page visitor must be informed about the use of cookies by the website at the beginning of the page call via a visible banner/bar at the top or bottom of the website, and that the operator of the website assumes the consent of the user if he then continues to use the website.
" This website uses cookies for the analysis of website access/marketing measures.
By continuing to use the website, you agree to this use.
Information about cookies and your ability to appeal "
The "Information on Cookies and Your Objection Possibility" passage must then be linked to the Privacy Policy.
D. Action guide for your revocation instruction
The revocation instruction may only be used in connection with a distance contract in the electronic commerce on the delivery of goods.
On the other hand, this revocation instruction is not suitable for contracts with the following contents:
Contracts for the sale of land or the same rights
Contracts for services (such as rental, plant, business, brokerage, partnership brokerage or travel contracts)
Contracts for the supply of water, electricity, gas (by volume not limited, respectively). not limited quantity) or district heating
Contracts for the delivery of digital content that are not delivered on a physical volume
Subscription contracts
Purchase on a sample within the meaning of § 454 BGB.
In addition, you must send your customer the cancellation form and the withdrawal form in text form (e-mail, fax or letter). We recommend that you enter the revocation instruction in the initial contact email, which you send to the customer after receipt of the order. In addition, it may be added to the delivery of goods (e.g. on the back of the invoice) for evidence purposes (optional).
Please note: Before you publish this revocation ceremony, you should carefully check whether they may be contradicted by a declaration of injunction that you have previously made! You're insecure? Let yourself be advised on a legal basis!
E. Action guide for your payment methods
No special actions are necessary for the payment methods you specify.
F. Action instructions on delivery deadlines
They are obliged to inform the consumer about the duration, the beginning and the end of the delivery period, within which the consumer can in any case count on the access of the goods.
To do this, we recommend the following:
1. Please enter the respective delivery period for a dispatch within Germany for each item and provide it with an asterisk.
Examples:
Delivery time 3-5 days *
or
Delivery time not more than 5 days *
or
Delivery time up to 5 days *
If you also offer an express shipment, you have to assign the changed delivery times
For example:
Shipping time: Standard maximum 5 days, Express in 1 day *
2. In the footer of each offer page, add a resolution of the asterisk (asterisk). Here you can see clearly for which countries the specified delivery times apply, and link to the new page for delivery periods
For 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 your own information page, assign the maximum additional delivery periods for other countries.
The most useful is a table that indicates the additional delivery time that other countries have to offer. In case of doubt, you would prefer to spend too long a period too long.
For 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, which is given in the respective article.
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, depending on availability, either in a common shipment or in several shipments (partial deliveries).
For example:
Joint 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, which is given in the respective article.
Country | Additional maximum duration in days
Austria | 2
Switzerland | 3
Italy | 5
Etc.
If you order several items with us in the context of an order, for which different delivery times apply, we ship the goods in a common shipment, unless we have agreed otherwise with you. In this case, the delivery time, which applies to the item of your order with the longest delivery time, shall apply for the goods 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, which is given in the respective article.
Country | Additional maximum duration in days
Austria | 2
Switzerland | 3
Italy | 5
Etc.
If you order several items for which different delivery times apply to us within the scope of an order, we will ship the goods in several subshipments according to availability, for which the delivery times specified in the respective article apply. Additional shipping costs do not apply.
5. Then please attach the following explanation for the calculation of the (latest) delivery date:
Information for the calculation of the delivery date
The time limit for the delivery shall begin upon payment by advance payment on the day after the payment order has been issued to the repayment credit institution or credit institution. in the case of other types of payment 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 officially recognised at the place of delivery, then the next working day shall be replaced by the place of such a day.
or, if your shipping company is also delivered on Saturdays:
Information for the calculation of the delivery date
The time limit for the delivery shall begin upon payment by advance payment on the day after the payment order has been issued to the repayment credit institution or credit institution. in the case of other types of payment 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 officially recognised at the place of delivery, the next working day shall be replaced by the place of such a day.
G. Action guide for the changes to your online presence, if the email 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:
You have indicated to us not to hand over e-mail addresses to shipping service providers to process the order.
H. Handlungan for information on battery disposal
You have indicated to us not to sell any products with batteries or batteries themselves.
I. Respect for advertising with guarantees!
Special care should be taken in advertising with guarantees. This is often the case with warnings
If you want to advertise with warranties, you will need to provide more detailed information on the terms of the guarantee.
You can read more about this here:
https://www.protectedshops.de/infothek/glossar/garantiewerbung-auf-ebay
Basically, we advise you to advertise with guarantees, as the design is very complex. Let yourself be councely advised here!
Unfortunately, there are also warnings when manufacturer guarantees are available and are not received.
Although it is not yet legally clear whether this is necessary in order to prevent reminders in this respect, it should, however, actually have to be informed about this guarantee at least for the products for which the existence of a manufacturer's guarantee is obvious.
The manufacturer's guarantee would have to offer the following information:
- Period of validity of the guarantee (How long can it be used?)
- Name and address of the guarantor
- Description of the content of the warranty (what exactly will be assured?-, possible restriction on parts of the product)
- Indication of the territorial limitation of the guarantee (e.g. throughout Germany, throughout Europe, worldwide)
- Notice that the warranty does not limit the warranty rights
- Information on how to assert the guarantee (How does the customer need to proceed?)
However, provided that the information provided by the manufacturer does not comply with the legal requirements, it would be possible to empower them as a result, which also involves a risk of abusing.
J. Sample warranty conditions
1. Introduction
IMPORTANT
We ask for your understanding that due to the great individuality of manufacturer guarantees in this form, we cannot provide any fixed warranty conditions.
We also offer you a pattern of what such a guarantee condition can look like.
However, this can not be used without further processing, but must be matched with the manufacturer's warranty.
Each individual point may be different from the guarantee provided by the manufacturer.
Therefore, we cannot assume any liability for the given pattern even in this form.
2. Warranty Condition
For a period of 2 years from the date of purchase, the manufacturer XYZ GmbH shall grant a manufacturer's guarantee for the goods advertised with the warranty contract. The guarantee is valid throughout Europe.
If material or manufacturing defects occur during the period of warranty of the product, the manufacturer shall offer to repair the goods free of charge after his or her choice or to replace the goods with an equivalent item.
The guarantee shall not, however, apply to damages based on wear, normal consumption, improper handling, use of force or own repair attempts.
In order to claim the warranty, you must contact the manufacturer:
XYZ GmbH
Sample Street 123
12345 Model City
Sample Country
You will receive documents from the manufacturer, which will allow a free return shipment.
You must attach a copy of the original invoice to the product in order to prove the purchase date. Please make sure to pack the goods in such a way that there can be no damage on the transport path.
This guarantee shall apply in addition to the other rights of the purchaser. The legal rights of the purchaser, in particular the warranty or product liability, are not affected by this guarantee. They are fully applicable to this guarantee.
If the purchased goods have a defect, you can therefore contact us in any case within the scope of your statutory warranty rights, irrespective of whether a warranty case exists.
