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Instruction manual for the use of your legal texts and your payment methods

Guidelines for the use of your legal texts and types of payment

General
A. Guide to the EU Commission online dispute resolution platform
B. Guidelines for your General Terms and Conditions
C. Guidelines for your privacy statement and for data protection in general
1. Integration
2. Advertising with newsletters
Three. Use of cookies for advertising, tracking and analysis purposes
D. Instructions for your retraction instruction
E. Practice guide for your payment methods
F. Guidance on delivery deadlines
G. Instructions for changes to your online presence if the email addresses of customers are to be forwarded to one of the package service providers DHL, GLS, UPS, DPD or Hermes for the purpose of coordination with customers:
1. Instructions for changes to your online presence if the email addresses of customers are to be forwarded to the DHL package service provider for the purpose of matching delivery with customers:
H. Manual for information on battery disposal
I. Attention in advertising with guarantees!
J. Model warranty terms
1. Introduction
2. Guarantee

General

Please make sure that the legal texts are always fully used and not omitted. Do not add anything, if possible, or without consultation.

If you omit, add or modify individual parts, Protected Shops may not be responsible for you. resulting damage.

A. Guide to the EU Commission online dispute resolution platform

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You must have a link to the online dispute resolution platform of the EU Commission since 09.01.2016.


The link must be clickable.
How to do this can differ from shop system to shop system.
Therefore, we cannot give any technical guidance here.

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

B. Guidelines for your General Terms and Conditions




These Terms and Conditions with customer information are exclusively for your own online shop (webshop)created and designed. They may not be used for contracts other than: Deliveries are used.
These Terms and Conditions with customer information do not apply to service contracts (such as rental, works, business, broker, partnership or travel agency contracts).
They must also not be used for Internet platforms such as eBay, Amazon or other platforms, as otherwise there is a considerable risk of warning.

You must compel these Terms and Conditions with customer information to your customersadditionally in text form (e-mail, fax or letter) send.
This can best be done in the first contact email you send to the customer after access to the order.
A shipment in the delivery of goods (e.g. on the back of the invoice) can be made additionally.
The Terms and Conditions with customer information should be stored in the online shop under a separate link "Terms and Conditions".

Check the publication of these Terms and Conditions with customer information if possible. contradict a declaration of omission that you have made in the past. If in doubt, seek legal advice.

C. Guidelines for your privacy statement and for data protection in general

1. Integration

Please insert the Privacy Statement under your own link "Privacy Statement".

2. Advertising with newsletters

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

Please note that it is not sufficient for a consent to receive the newsletter to only inform your customer of this privacy statement. The customer must explicitly declare at one point that he agrees to the use of his e-mail address for such purposes.

This is usually done by a checkbox which is integrated into the ordering process or separately.
The text of the declaration must indicate which products or services the consent specifically covers.

You can use the following sentence:

"Please send me regularly (at any time revocable) information on the following product range by e-mail in accordance with your privacy statement: [DECLARATION OF THE PRODUCT GROUPS AUTHORISED]"

Please note that only the "Double Opt-In" method is legally capable of obtaining the consent of the recipient. 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 express consent to the transmission of the newsletter is not necessary unless the following conditions are met:

  • you have received the e-mail address of your customer in connection with the sale of a product 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 indicated in the address survey and in each use that he can contradict the use at any time without incurring other than the transmission costs according to the basic tariffs.


We also recommend to include the following text in the ordering process:

"We use your email address in addition to processing your order to send 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 incurring other than the transmission costs according to the basic tariffs. If you do not want any further advertising, please email us at the following address: "Please enter your email address here" or click on the link "please enter the name of the link, e.g."Cancel"at the end of the newsletter"Cancel"

Your customer must also be informed about this possibility of cancellation in every email!

Since the distinction between "similar" goods is oft en very difficult and blurred, we recommend in principle only the sending of newsletters after consent.

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

If you are using cookies for advertising, tracking and analysis purposes, at the beginning of the page call, the visitor must be informed about the use of cookies by the website via a clearly visible banner/bar at the top or bottom edge of the website and informed about the use of cookies by the website, that the operator of the website assumes the consent of the user if he then continues to use the website.

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

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

The section "Information about cookies and your possibility to object" must then be linked to the Privacy Statement.

D. Instructions for your retraction instruction

The statement of revocation may be used only in connection with a distance selling contract in electronic commerce for supplies of goods.

On the other hand, this retraction instruction is not suitable for contracts with the following contents:

Contracts for the sale of land or property rights
Services contracts (including rental, works, supply, brokerage, partnership or travel agency contracts)
(ii) contracts for the supply of water, electricity, gas (in terms of unlimited volume or volume); not limited) or district heating
Contracts for the supply of digital content not supplied on a physical medium
Subscription contracts
Purchase on sample within the meaning of Section 454 BGB.

You must also send your customers the revocation instruction together with the revocation form in text form (e-mail, fax or letter). We recommend that you insert the cancellation instructions into the first contact email that you send to the customer after access to the order. In addition, it can be attached for evidence of delivery of goods (e.g. on the back of the invoice) optional.

Attention: Before publishing this retraction notice, you should check in detail whether it might contradict a previous declaration of omission! You're not sure? Take legal advice!

E. Practice guide for your payment methods

No special actions are required for the types of numbers you specify

F. Guidance on delivery deadlines

They shall inform the consumer of the duration, beginning and end of the delivery period within which the consumer can expect access to the goods in any case.
We recommend the following procedure:


1. Please specify for each item the respective delivery date for a shipment within Germany and provide it with an asterisk.
Examples:

Delivery time 3-5 days*
or
Delivery time not exceeding five days*
or
Delivery time up to five days*
If you also offer an express shipment, you will show the changed delivery times
Example:
Delivery time: Standard maximum of five days, Express in 1 day*

2. Insert a resolution of the asterisk hint in the footer of each offer page. Here you can specify the countries for which the specified 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 for calculating the delivery date can be found here

3.  Please indicate in your own information page the maximum additional delivery times for other countries.
The most sensible is a table indicating the additional delivery time due in other countries. In case of doubt, indicate a period that is too long rather than too short.

Example:
Information on delivery times

In the following table you will find the delivery times for shipment to other countries, which you will have to add to the delivery time specified in the respective article.
Country `124additional maximum duration in days
Austria `1244; 2
Switzerland `1243; 3
Italy `1245; 5
etc.

4. 
When ordering multiple items, it is important to send the items either in a joint consignment or in several consignments (partial deliveries) depending on availability.

Example:
Joint shipment:
Information on delivery times

In the following table you will find the delivery times for shipment to other countries, which you will have to add to the delivery time specified in the respective article.
Country `124additional maximum duration in days
Austria `1244; 2
Switzerland `1243; 3
Italy `1245; 5
etc.
If you order several items within the framework of an order, for which different delivery times apply, we will send the goods in a joint shipment, unless otherwise agreed with you. In this case, the total delivery time applicable to the article of your order with the longest delivery time applies to the shipment of goods.

Partial delivery (without additional shipping costs):

Information on delivery times

In the following table you will find the delivery times for shipment to other countries, which you will have to add to the delivery time specified in the respective article.
Country `124additional maximum duration in days
Austria `1244; 2
Switzerland `1243; 3
Italy `1245; 5
etc.

If you order several items with us in the context of an order, for which different delivery times apply, we will send the goods, depending on availability, in several sub-shipments, for which the delivery times specified in the respective item apply. Additional shipping costs are not applicable.

Five. Please attach the following declaration to calculate the (latest) delivery date:

Information to calculate the delivery date

The delivery period shall begin on payment by advance on the day following the issue of the payment order to the transferring credit institution or for other types of payment, run on the day following the conclusion of the contract and 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 generally recognised public holiday at the place of delivery, the next working day shall replace such a day.

or, if also delivered on Saturdays by your shipping company:

Information to calculate the delivery date

The delivery period shall begin on payment by advance on the day following the issue of the payment order to the transferring credit institution or for other types of payment, run on the day following the conclusion of the contract and end with the expiry of the last day of the period. If the last day of the period falls on a Sunday or a generally recognised public holiday at the place of delivery, the next working day shall replace such a day.



G. Instructions for changes to your online presence if the email addresses of customers are to be forwarded to one of the package service providers DHL, GLS, UPS, DPD or Hermes for the purpose of coordination with customers:

1. Instructions for changes to your online presence if the email addresses of customers are to be forwarded to the DHL package service provider for the purpose of matching delivery with customers:

Changes in the context of 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 to pass on his e-mail address!
This consent of the customer can be obtained by a corresponding declaration text, which the customer expressly confirms during the ordering process in your online shop by placing a check using opt-in checkbox.

Please enter the following consent text in the order process (incl. Check box) one:

"I agree that my e-mail address my phone number
to DHL (Deutsche Post AG, Charles-de-Gaulle-Strasse 20, 53113 Bonn) in order to have DHL send the goods before delivery for the purpose of matching a delivery date by e-mail or telephone
Contact me or contact me. can transmit status information to the broadcaster. I can withdraw my consent to this at any time."

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

H. Manual for information on battery disposal

You told us not to sell any products with batteries or batteries yourself.

I. Attention in advertising with guarantees!

Particular care should be taken when advertising with guarantees. Here there are often warnings

If you want to advertise with warranties, please specify the warranty terms and conditions.
Details of this can be found here:
https://www.protectedshops.de/infothek/glossar/garantiewerbung-auf-ebay

In principle, we advise against advertising with guarantees, as the design is very complex. Get legal advice here!

Unfortunately, there are also warnings at the moment when there are guarantees from manufacturers and they are not addressed.
Although it is not yet legally clear whether this is necessary in order to avoid warnings in this respect, it should in fact be informed of this guarantee at least for the products for which the existence of a manufacturer guarantee is evident.

The manufacturer guarantee 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 restriction to parts of the product)
  • Note on the spatial limitation of the guarantee (e.g. Germany-wide, European-wide, worldwide)
  • Note that the guarantee does not limit the warranty rights
  • Information on the performance of the guarantee (How must the customer proceed?)
This information should be provided either on the product page itself or on another website linked to the product page. If the manufacturer has a warranty page on which the information is given, it can in principle be linked to it.

However, if the manufacturer's information does not meet the statutory requirements, this would make it his own, which also includes a warning risk.

J. Model warranty terms

1. Introduction

IMPORTANT
Please understand that due to the great individuality of manufacturer warranties in this form, we cannot provide firm warranty terms.

We also offer you a sample of what such a warranty condition can look like.
However, this cannot be used without difficulty, but must be matched with the respective manufacturer guarantee.
Each individual point may differ from the guarantee granted by the manufacturer.
Therefore, we cannot accept liability for the given pattern in this form either.

2. Guarantee

The manufacturer XYZ GmbH grants a manufacturer guarantee for the product covered by the guarantee for a period of two years from the date of purchase. The guarantee applies throughout Europe.

In the event of material or manufacturing defects in the product during the warranty period, the manufacturer shall offer to repair the product at his discretion free of charge or to replace it with an equivalent article.
However, the guarantee shall not apply to damage caused by wear, normal consumption, improper handling, use of force or self-repair attempts.

To claim the warranty, you must contact the manufacturer:

XYZ GmbH,
Model road 123
12345 Model City
Country

You will receive documentation from the manufacturer that allows you to return free of charge.
You must attach a copy of the original invoice to the product to prove the purchase date. Please make sure that the goods are packed in such a way that no damage can occur on the way to transport.

This warranty applies in addition to the other rights of the buyer. The legal rights of the buyer, in particular the warranty or product liability, are not affected by this warranty. They shall apply without limitation in addition to this guarantee.
Therefore, if the purchased product has a defect, you can always contact us within the framework of your statutory warranty rights, regardless of whether there is a warranty case.