Manual instructions for the use of your legal texts and your payment methods

Manual instructions for the use of your legal texts and your payment methods

General
A. Instructions for information on the online viewing platform of the EU Commission
B. Guide instructions for your terms and conditions
C. Instruction manual for your privacy policy and data protection in general
1. Integration
2. Advertising with newsletters
3. Use of Google Analytics
4. Declaration of consent when using the conversion tracking technology from Facebook ("Facebook pixels")
5. Use of cookies for advertising, tracking and analysis purposes
D. Guide instructions for your cancellation policy
E. Guide instructions for your payment methods
F. Handling instructions for delivery times
G. Manual 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 tuning with the customers:
1. Handling instructions for the changes on your online presence if the e-mail addresses of customers should be passed on to the parcel service provider DHL for the purpose of tuning with the customers:
2. Guide instructions for the changes on your online presence if the e-mail addresses of customers should be passed on to the parcel service provider DPD for the purpose of tuning with the customers:
H. Transfer instructions for information about the battery disposal
I. Attention for advertising with guarantees!
J. Pattern for warranty conditions
1. Introduction
2. Warranty condition

General

Please pay attention to always fully use the legal texts and omitted nothing. Do not use anything as possible, and not without advice.

If you can omit individual parts, add or modify, Protected Shops assumes no liability for them any damage resulting from them.

A. Instructions for information on the online viewing platform of the EU Commission

As<URL>https://www.protectedshops.de/infothek/whitepaper/verbraucherstreitbeilegung-neue-pflichten-fuer-onlinehaendler-ab-01-02-2017
Since the 09.01.2016, you have to read a link to the EU Commission's Online Settlement Platform.


The link must be clickable.
How to realize this can differ from shop system to shop system.
Therefore, we can not give technical instructions here.

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

B. Guide instructions for your terms and conditions




These terms and conditions with customer information are exclusively for their Own online shop (webshop)Created and designed. You may only for contracts Merchant be used.
These terms and conditions with customer information are not applicable to contracts for services (such as rental, factory, business management, brokerage, partnership and travel agents)!
You may not be used for internet platforms such as eBay, Amazon or other platforms, as otherwise significant military danger.

You must compare these terms and conditions with customer information to your customersAdditionally in text form (E-mail, fax or letter).
This can best happen in the first contact email that you will send to the customer after receipt of the order.
A sending in the delivery of goods (about the back of the invoice) can also happen.
Terms and Conditions with customer information should be entered in the online shop under its own link "Terms & Customer Information".

Check the publication of these Terms and Conditions with customer information Whether you may object to an omission statement that you have submitted in the past. Let yourself be advised in doubt.

C. Instruction manual for your privacy policy and data protection in general

1. Integration

Please maintain the privacy policy under its own link "Privacy Policy".

2. Advertising with newsletters

With the explicit consent of the customer (= registration of the customer to the newsletter)

Note that it is not sufficient for a consent to maintain the newsletter to make a note of this privacy policy only. The customer must explain explicitly in one place that he agrees to the use of his e-mail address for such purposes.

Mostly, this happens through a checkbox, which is integrated in the ordering process or separately.
From the declaration text must emerge which products or services whatever company is concretely recorded.

You can use the following sentence:

"Please send me information on the following product range by e-mail according to your privacy policy (at any time revocable): [enumeration of the product groups you have distributed]"

Please note that only the "Double Opt-in" method is appropriate in the legal sense to obtain the consent of the recipient provable. Transfer Newsletter Only after your customer has confirmed the double-opt-in!


2.1. You can also send a newsletter without the explicit consent of your customer.
Such an explicit consent to the newsletter sending is not required only if the following requirements are:

  • You have received the e-mail address of your customer in connection with the sale of a product or service and
  • Use this e-mail address exclusively to advertise your own similar goods or services and
  • the customer did not contradict this use and
  • The customer was already clearly pointed out when the address is collected and every use that it can contradict the use at any time without this other than the delivery costs after the basic rates.


We also recommend to integrate the following text easily readable in the order process:

"We use your e-mail address next to the handling of your order to send information about own similar goods / (services). You can contradict the use of your e-mail address for this purpose at any time without this other than the delivery cost after the Basic rates. If you do not want further advertising, please let us know this by e-mail to the following address: «Please paste your e-mail address here» or click on the link «Please add the name of the On the left, eg "unsubscribe" »at the end of the newsletter"

Your customer must also be informed in any email about this possibility of deregistration!

Since the demarcation of "similar" were often very difficult and blurred, we only recommend the newsletter delivery for consent.

3. Use of Google Analytics

Be sure to use Google Analytics with the "_anonymizeP ()" code function.
More details:
https://support.google.com/analytics/answer/2763052?hl=de

If you want to create a functional opt-out cookie, a mechanism must be implemented using a specific Java Script code that prevents data collection when activating an opt-out cookie.

This Java script code must always havebeforethe actual analytics code in the source code of the respective website are integrated.

- The script is as follows:


- Notice:
Replace 'UA-XXXXXX-Y' with your tracking code, which is assigned from Google.
Google also keeps instructions for the program-controlled connection of the tracking via the link https://developers.google.com/analytics/devguides/collection/gajs/?hl=de#disable
ready.

The script must be upEveryone (!) Pageembedded on which a "Google Analytics" tracking code is implemented.

Use Google Analytics, you must complete a computing condition with Google:

https://support.google.com/analytics/answer/3379636


Note: Be sure to keep a copy of the contract for evidence.

4. Declaration of consent when using the conversion tracking technology from Facebook ("Facebook pixels")

As Facebook's conversion tracking technology is very likely to be coupled to user data from external websites with Facebook user profile data, the "Facebook pixel" code is available on your page before loading the corresponding code of the "Facebook pixel". Obtaining a user consent necessary!

It should be noted so that users have to be taught through the application of conversion tracking and must agree with this before a corresponding tracking code is used.

This either assumes that the code is dynamically reloaded or a page reload is done. We recommend the instruction and consent request by a corresponding Pop-up or banner to integrate on the provider side, which is dynamically reloaded after the user's consent or one Page Reload initiated And only then performs the cookie.

The explicit requirement of consent can be done by "Consent"Be taken into account as part of the pop-up or banner.

It is important that the user must be taught in the context of his declaration of consent through the concrete conversion tracking procedure. It is possible to integrate the instruction either into the pop-up or banner or to include in the privacy policy, which in turn must be referenced in the pop-up or banner.

In our opinion, the reference to the privacy policy is preferable, as complete instruction would unnecessarily expand the dimensions of the pop-up window or banners and is also suitable for confusing the user through a surplus of text and information.
We recommend making the pop-up or banner as follows:

"This website uses the Facebook pixel from Facebook for statistical purposes. With the help of a cookie can be taught so that our marketing measures can be recorded and improved on Facebook. About your consent, we would be very happy. Informations to the" Facebook - Pixels, to cookies and the right of objection to you can be obtained in our privacy policy [-> link to your own privacy policy]. "

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

"I agree with the use of the Facebook pixel"

to insert.

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

If you use cookies for advertising, tracking and analysis purposes, the site visitor must be informed about a well-visible banner / bar at the top or bottom of the web page on the use of cookies by the website and informed that The operator of the website assumes the consent of the user if he then continues the use of the website.

"This website uses cookies to analyze website access / marketing measures.

By further useing the website, you agree to this use.
Information about cookies and their opposition "

The passage "Information about cookies and their opposition possibility" must then be linked to the privacy policy.

D. Guide instructions for your cancellation policy

The cancellation policy may only be used in connection with a distance contract in electronic commerce on goods supplies.

On the other hand, this cancellation policy for contracts with the following content is not suitable:

• Contracts for the sale of land or property equal rights
• Treaties on services (which include rental, work, commercial, agent, agent, partnership or travel agents)
• Contracts for the supply of water, electricity, gas (not limited volume or non-limited quantity) or district heating
• Contracts for the delivery of digital content that are not delivered on a physical data carrier
• Subscription Treaties
• Purchase on sample within the meaning of § 454 BGB.

You must submit your customers to the cancellation policy including withdrawal form additionally in text form (e-mail, fax or letter). We recommend that you insert the cancellation policy into the first contact e-mail that you send to the customer after receipt of the order. In addition, it can be attached to evidence of goods delivery (approximately on the back of the invoice) (optional).

Attention: Before publishing this revocation, you should check exactly whether they may contradict an omission declaration that they have given before! You are unsure? Let yourself be advised!

E. Guide instructions for your payment methods

There are no special actions necessary for the number types you specified

F. Handling instructions for delivery times

They are obliged to inform the consumer over duration, beginning and expiration of the delivery period within which the consumer can in any case count on the receipt of the goods.
For this we recommend the following procedure:


1. Please enter the respective delivery time for shipping within Germany with each article and provide it with an asterisk.
Examples:

Delivery time 3-5 days *
or
Delivery time at most 5 days *
or
Delivery time up to 5 days *
If you also offer an express delivery, point the modified delivery times
Example:
Delivery time: Standard at most 5 days, Express in 1 day *

2. Insert a resolution of the asterisk note into the footer of each offer page. Here you clearly set for which countries the given delivery times are valid and link to the new page for delivery times
Example:
"For deliveries to Germany. The delivery times for other countries and the information about calculating the delivery date can be found here

3.  In a separate information page, have the maximum additional delivery times for other countries.
The most sensible is a table on which you indicate the additional delivery time, which will be indicated by other countries. If in doubt, prefers to give one more than a short period of time.

Example:
Information about delivery times

In the table below, you will find the delivery times for shipping to other countries that you need to add the delivery time specified by the respective article.
Country | Additional maximum duration in days
Austria | 2
Switzerland | 3
Italy | 5
etc.

4. 
For orders of several articles, it depends on whether you ship the items depending on availability either in a joint shipment or even in several consignments (partial deliveries).

Example:
Joint broadcast:
Information about delivery times

In the table below, you will find the delivery times for shipping to other countries that you need to add the delivery time specified by the respective article.
Country | Additional maximum duration in days
Austria | 2
Switzerland | 3
Italy | 5
etc.
If you order several items with us as part of an order, for which different delivery times are valid, we ship the goods in a joint consignment, if we have not agreed otherwise with you. In this case, the delivery time applies to the delivery time for the article of your order with the longest delivery time.

Partial delivery (without additional shipping costs):

Information about delivery times

In the table below, you will find the delivery times for shipping to other countries that you need to add the delivery time specified by the respective article.
Country | Additional maximum duration in days
Austria | 2
Switzerland | 3
Italy | 5
etc.

If you order multiple items with us as part of an order, for which different delivery times are valid, we ship the goods depending on availability in several partitions for which the delivery times specified at the respective article apply. Additional shipping costs are not incurred.

5. Then please depend on the following explanation for the calculation of the (latest) delivery date:

Information for calculating the delivery date

The deadline for delivery begins on payment in advance of the day after the payment order is granted to the referring bank or in other payment methods a day after conclusion of the contract and ends with the expiration of the last day of the period. If the last day of the deadline falls to a Saturday, Sunday or a local public holiday destination, the place of such a day the next working day occurs.

Or, if delivered by your shipping company on Saturdays:

Information for calculating the delivery date

The deadline for delivery begins on payment in advance of the day after the payment order is granted to the referring bank or in other payment methods a day after conclusion of the contract and ends with the expiration of the last day of the period. If the last day of the deadline falls on a Sunday or a public holiday at the place of delivery, the place of such a day is the next working day.



G. Manual 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 tuning with the customers:

1. Handling instructions for the changes on your online presence if the e-mail addresses of customers should be passed on to the parcel service provider DHL for the purpose of tuning with the customers:

Change in the shop order process:

You may only pass on the e-mail address collected by the customer to a third party (here DHL) if you have obtained the explicit consent of the customer concerned in the transfer of his e-mail address!
This consent of the customer can be accomplished by a corresponding declaration text, which the customer explicitly confirms the course of the ordering process in their online shop by putting a check mark expressly confirmed by means of opt-in checkbox.

- Please insert the following consent text (including check box) in the ordering process:

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

Please note that the check box should not be checked! Reason: The customer must provide his consent to the transfer of his e-mail address voluntarily and independently!

2. Guide instructions for the changes on your online presence if the e-mail addresses of customers should be passed on to the parcel service provider DPD for the purpose of tuning with the customers:

Change in the shop order process: You may only pass on the e-mail address collected by the customer only to a third party (here DPD) if you have obtained the explicit consent of the customer concerned in the transfer of his e-mail address!

This consent of the customer can be accomplished by a corresponding declaration text, which the customer explicitly confirms the course of the ordering process in their online shop by putting a check mark expressly confirmed by means of opt-in checkbox.

Please enclose the following consent text (including check box) in the ordering process:

"[] I agree that my e-mail address as well as my phone number is passed on to DPD (DPD Deutschland GmbH, Wailandtstaße 1, 63741 Aschaffenburg) so that DPD prior to the delivery of the goods for the purpose of coordination of a delivery date per e- Mail or phone contact with me or can transmit status information for shipment delivery. I can revoke consent. "My consent in this regard."

Please note that the check box should not be checked! Reason: The customer must provide his consent to the transfer of his e-mail address voluntarily and independently!

H. Transfer instructions for information about the battery disposal

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

I. Attention for advertising with guarantees!

Special caution is attached to advertising with guarantees. Here it often comes to warnings

If you want to advertise with guarantees, you must necessarily make details of the warranty conditions.
Details can be read here:
https://www.protectedshops.de/infothek/glossar/garantiewerbung-auf-ebay

Basically, we advise against advertising with guarantees because the design is very complex. Let yourself be advised here a lawyer!

Unfortunately, there are also warnings when manufacturer warrants are available and not discussed.
While not legally completely clarified whether this is necessary to prevent warnings but in this regard, however, should actually be at least for the products for which the existence of a manufacturer's warranty is obvious, be informed about this warranty.

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

  • Duration of the guarantee (how long can it be used?)
  • Name and address of the guarantee
  • Description of the content of the warranty (which is accurately assured? -, possible restriction to parts of the product)
  • Note on the spatial restriction of the warranty (e.g., Germany, Europe-wide, worldwide)
  • Note that the warranty does not restrict the warranty rights
  • Information about asserting the guarantee (how do the customer proceed?)
This information should either be given on the product page itself, or on another website that is linked to the product page. If the manufacturer has a guarantee side on which the information is given, it can be linked to this.

However, if the manufacturer's information does not meet the statutory requirements, they would make themselves their own, which also includes a military risk.

J. Pattern for warranty conditions

1. Introduction

IMPORTANT
We ask for your understanding that due to the great individuality of manufacturer's warranties in this form, we can not provide any fixed warranty conditions.

We also offer you a pattern as such a guarantee condition can look like.
However, this can not be used easily, but must be adjusted with the respective manufacturer warranty.
Every single point may differ from the warranty granted by the manufacturer.
Therefore, we can assume no liability for the given pattern in this form.

2. Warranty condition

For a period of 2 years from the date of purchase, manufacturer XYZ GmbH provides a manufacturer's warranty for the goods advertised with the guarantee promise. The warranty applies across Europe.

If in the period of warranty in the product material or manufacturing errors occur, the manufacturer offers to repair the goods for free or replace an equivalent article after his choice.
However, the warranty does not apply to damages that are based on wear, normal consumption, improper handling, violence or own repair attempts.

To claim the warranty, you must contact the manufacturer:

Xyz GmbH
Mustertrasse 123
12345 Sample City
Patternland

You will receive documents from the manufacturer, which allow free return.
You must enclose the product a copy of the original bill to prove the date of purchase. Please make sure to pack the goods so that there can be no damage on the transport route.

This warranty applies in addition to the other rights of the buyer. The statutory rights of the buyer, in particular the warranty or product liability, are not affected by this guarantee. They apply fully next to this warranty.
If the purchased goods have a defect, they can therefore in any case use us in the context of their statutory warranty rights, regardless of whether there is a warranty.