Shipping within 48h | Free shipping within DE from 100 €, EU from 300 € | Curated satorial selection

Instructions for using your legal texts and your payment methods

Instructions for using your legal texts and your payment methods

General
A. Instructions for the online dispute settlement platform of the EU Commission
B. Instructions for your general terms and conditions
C. Instructions for your data protection declaration and data protection in general
 1. Involvement
 2. Advertising with newsletters
 3. Use of Google Analytics
 4. Declaration of consent when using Facebook's conversion tracking technology ("Facebook pixel")
 5. Use of cookies for advertising, tracking and analysis purposes
 6. Instructions for using Facebook Connect / Facebook login
D. Instructions for your cancellation policy
E. Instructions for your payment methods
 1. Necessary changes to your online presence when integrating the payment method installment purchase via payment service provider Klarna (Klarna installment purchase)
 2. Necessary changes to your online presence when integrating the payment method purchase on account via payment service provider Klarna (Klarna invoice)
F. Instructions for the delivery deadlines
G. Instructions for making changes to your online presence if the customer's e-mail addresses are to be passed on to one of the parcel service providers DHL, GLS, UPS, DPD or Hermes for the purpose of coordinating delivery with the customer:
 1. Instructions for making changes to your online presence if the customer's e-mail addresses are to be passed on to the parcel service provider DHL for the purpose of coordinating delivery with the customer:
 2. Instructions for making changes to your online presence if the customer's e-mail addresses are to be passed on to the parcel service provider UPS for the purpose of coordinating delivery with the customer or for transmitting the status information of the delivery item
H. Instructions for use for information on battery disposal
I. Beware of advertising with guarantees!
J. Model for warranty conditions
 1. Introduction
 2. Guarantee condition

General

Please ensure that you always use the legal texts in full and do not omit anything. If possible, do not add anything, even without advice.

If you omit individual parts, add or change them yourself, Protected Shops accepts no liability for any damage you may suffer as a result.

A. Instructions for the online dispute settlement platform of the EU Commission

As <url>https://www.protectedshops.de/infothek/whitepaper/verbinderstreitbeilendung-neue-pflichten-fuer-onlinehaendler-ab-01-02-2017
 have already read, you have to have a link to the EU Commission's online dispute settlement platform ready since January 9, 2016.


The link must be clickable.
How this is implemented 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. Instructions for your general terms and conditions




These terms and conditions with customer information are exclusively for your own online shop (webshop)  created and designed. You are only allowed to use for contracts Deliveries of goods be used.
These terms and conditions with customer information are not applicable to contracts for services (such as rental, work, agency, broker, partnership or travel agency contracts)!
They are also not allowed to be used for internet platforms such as eBay, Amazon or other platforms, as otherwise there is a considerable risk of warnings.

You must make these terms and conditions with customer information mandatory for your customers additionally in text form (Email, fax or letter).
This can best be done in the first contact email that you send to the customer after the order has been received.
 It can also be sent in the delivery of goods (e.g. on the back of the invoice).
The terms and conditions with customer information should be entered in the online shop under a separate link "Terms & Conditions & Customer Information". 

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

C. Instructions for your data protection declaration and data protection in general

1. Involvement

Please maintain the data protection declaration under a separate link "Data protection declaration".

2. Advertising with newsletters

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

Please note that in order to consent to receive the newsletter, it is not sufficient to simply inform your customer of this data protection declaration. The customer must expressly declare at one point that he agrees to the use of his e-mail address for such purposes. 

This is usually done through a checkbox that is integrated in the ordering process or separately.
The explanatory text must show which products or services from which companies the consent specifically records.

You can use the following sentence for this:

"In accordance with your data protection declaration, please send me information on the following product range by email on a regular basis (revocable at any time): [LIST OF THE PRODUCT GROUPS DISTRIBUTED BY YOU]"

Please note that only the "double opt-in" method in the legal sense is suitable for obtaining the consent of the recipient in a verifiable manner. 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 sending of the newsletter 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 only use this email address to advertise your own similar goods or services
  • the customer has not objected to this use and
  • the customer was clearly informed when collecting the address and each time it was used that he can object to the use at any time without incurring any costs other than the transmission costs according to the basic rates.


We also recommend that you include the following text in the ordering process so that it is easy to read:

"In addition to processing your order, we use your e-mail address to send 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 If you do not want any further advertising, please let us know 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 Links, eg "unsubscribe" »at the end of the newsletter"

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

Since the differentiation of "similar" goods is often very difficult and blurred, we generally only recommend sending out newsletters with your 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 functioning opt-out cookie, a mechanism must be implemented using a specific JavaScript code that prevents data collection when an opt-out cookie is activated.

This JavaScript code must always in front the actual analytics code can be integrated into the source code of the respective website.

- The script is as follows:


- Note:
Replace 'UA-XXXXXX-Y' with your tracking code individually assigned by Google.
Google also has instructions for programmatically preventing tracking via the link https://developers.google.com/analytics/devguides/collection/gajs/?hl=de#disable
ready.

The script must be on every (!) side embedded on which a "Google Analytics" tracking code is implemented.

If you use Google Analytics, you need to 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.

4. Declaration of consent when using Facebook's conversion tracking technology ("Facebook pixel")

Since when using Facebook's conversion tracking technology there is a very high probability that user data from external websites will be linked to Facebook user profile data Obtaining user consent required!

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

This requires either that the code is dynamically reloaded or a page reload takes place. We recommend the instruction and consent request by an appropriate Pop up or banner on the provider side, which is dynamically reloaded after the user's consent or a Page reload initiated and only then executes the cookie.

The express requirement of consent can be met via a "Consent button"must be taken into account in the context of the pop-up or banner.

It is important that the user must be instructed about the specific conversion tracking process as part of his declaration of consent. It is possible to either integrate the instruction into the pop-up or banner or to include it in the data protection declaration, which must then be referred to in the pop-up or banner.

In our opinion, the reference to the data protection declaration appears to be preferable, since a complete instruction would unnecessarily expand the dimensions of the pop-up window or banner and is also suitable for confusing the user with an excess of text and information.
We recommend designing 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 can be understood how our marketing measures on Facebook can be recorded and improved. We would be very happy to receive your consent. Information on" Facebook -Pixel ", about cookies and the right to object to which you are entitled can be found in our data protection declaration [-> link to your own data protection declaration]."

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

"I agree to 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 page visitor must be informed about 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 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 consent to this use.
Information on cookies and your option to object "

The passage "Information about cookies and your possibility of objection" must then be linked to the data protection declaration.

6. Instructions for using Facebook Connect / Facebook login

With Facebook Connect, users can log into the online shop via their Facebook account.

Note

Attention: The use of Facebook Connect is legally controversial, a clearly permissible data protection compliant use of Facebook Connect is currently not possible, there remains a residual risk when using this single sign-on procedure.

A solution that minimizes the legal risk would be to implement the following procedure:

- As part of the login / registration process in connection with Facebook Connect, the express consent of the site visitor, such consent with a connected (not pre-checked) check box could look like this:

"I agree that Facebook Connect automatically transmits and uses data to the site operator. This applies to my profile details marked as public on Facebook, such as title, first name, last name, address data, country, email address, date of birth, but also the user IDs of my friends, my profile pictures and my friends list. I have read the privacy policy. I can revoke this consent at any time by sending an email to the address given in the legal notice. "

Hints:
 The above consent must be placed in the immediate vicinity of the Facebook Connect button, the Facebook Connect function must not be executable as long as the consent has not yet been given. In addition, the word "data protection declaration" in the above consent clause should be linked + to the page on which the data protection declaration can be accessed logged and saved Whether this procedure would stand up to legal proceedings cannot be predicted with absolute certainty according to the current state of case law, if you want to act with absolute certainty, you must not use Facebook Connect!

D. Instructions for your cancellation policy

The cancellation policy may only be used in connection with a distance contract in electronic business transactions for the delivery of goods. 

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

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

You must also send your customers the cancellation policy including cancellation form in text form (email, fax or letter). We recommend that you include the cancellation policy in the first contact email that you send to the customer after the order has been received. In addition, it can be attached to the delivery of goods for evidence purposes (e.g. on the back of the invoice) (optional).

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

E. Instructions for your payment methods

1. Necessary changes to your online presence when integrating the payment method installment purchase via payment service provider Klarna (Klarna installment purchase)

As part of the ordering process:
During the ordering process, please add the following consent text to the checkbox in which you let the customer check the terms and conditions. Please note that this text may only be displayed if the Klarna payment method has been selected.

"[] I agree to the transmission of the data required to process the purchase on account and an identity and credit check to Klarna. Mine consent (LINK TO: https://online.klarna.com/consent_de.yaws) I can revoke it at any time with effect for the future.

The Conditions<(LINK TO THE TERMS AND CONDITIONS) of the retailer

2. Necessary changes to your online presence when integrating the payment method purchase on account via payment service provider Klarna (Klarna invoice)

As part of the ordering process:

During the ordering process, please add the following consent text to the checkbox in which you let the customer check the terms and conditions. Please note that this text may only be displayed if the Klarna payment method has been selected.

"[] I agree to the transmission of the data required to process the purchase on account and an identity and credit check to Klarna. Mine consent (LINK TO: https://online.klarna.com/consent_de.yaws) I can revoke it at any time with effect for the future.
The Conditions (LINK TO THE TERMS AND CONDITIONS) of the retailer "

- If necessary, please also add the note that purchase on account can only be offered up to the maximum order value;
- Please mark the mandatory fields for the information of the customer when selecting the purchase on account

F. Instructions for the delivery deadlines

You are obliged to inform the consumer about the duration, start and expiry of the delivery period within which the consumer can in any case expect receipt of the goods.
We recommend the following procedure for this:


1. For each item, please indicate the respective delivery time for shipping within Germany and mark 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 express delivery, indicate the changed delivery times
Example:
Delivery time: standard maximum 5 days, express in 1 day *

2. Add a resolution to the asterisk notice in the footer of each landing page. Here you make it clear to which countries 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 on calculating the delivery date can be found here

3.  Show the maximum additional delivery times for other countries on a separate information page.
The most sensible thing is to have a table on which you indicate the additional delivery time that will apply to other countries. If in doubt, give a period that is too long rather than too short.

Example:
Information on delivery times 

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

4. 
When ordering multiple items, it depends on whether you send the items either in a joint shipment or in several shipments (partial deliveries), depending on availability. 

Example:
Joint broadcast:
Information on delivery times 

In the table below you will find the delivery times for shipping to other countries, which you have to add to the delivery time specified for the respective article.
Country | Additional maximum duration in days
Austria | 2
Switzerland | 3
Italy | 5
etc.
If you order several items from us as part of an 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 consignment.

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 have to add to the delivery time specified for the respective article.
Country | Additional maximum duration in days
Austria | 2
Switzerland | 3
Italy | 5
etc.

If you order several items from us as part of an 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 article apply. There are no additional shipping costs.

5. Then please attach the following statement to calculate the (latest) delivery date:

Information on the calculation of the delivery date

In the case of payment in advance, the deadline for delivery begins on the day after the payment order is issued to the transferring bank or, in the case of other payment methods, on the day after the contract is concluded and ends with the expiry of the last day of the deadline. 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 will take the place of such a day.

or, if your shipping company also delivers on Saturdays:

Information on the calculation of the delivery date

In the case of payment in advance, the deadline for delivery begins on the day after the payment order is issued to the transferring bank or, in the case of other payment methods, on the day after the contract is concluded and ends with the expiry of the last day of the deadline. 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 will take the place of such a day.



G. Instructions for making changes to your online presence if the customer's e-mail addresses are to be passed on to one of the parcel service providers DHL, GLS, UPS, DPD or Hermes for the purpose of coordinating delivery with the customer:

1. Instructions for making changes to your online presence if the customer's e-mail addresses are to be passed on to the parcel service provider DHL for the purpose of coordinating delivery with the customer:

Change in the context of the shop order process:

You may only pass on the e-mail address collected from the customer to a third party (here DHL) if you have obtained the express consent of the customer concerned to forward his e-mail address!
This consent of the customer can be achieved by means of a corresponding explanatory text, which the customer expressly confirms during the ordering process in your online shop by ticking the opt-in checkbox.

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

"[] I agree that my email address or phone number can be sent to
 is passed on to DHL (Deutsche Post AG, Charles-de-Gaulle-Straße 20, 53113 Bonn) so that DHL can email or phone before the delivery of the goods for the purpose of agreeing a delivery date 
Contact me or send status information about 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 pre-checked! Reason: The customer must give his consent to the disclosure of his email address voluntarily and independently!

2. Instructions for making changes to your online presence if the customer's e-mail addresses are to be passed on to the parcel service provider UPS for the purpose of coordinating delivery with the customer or for transmitting the status information of the delivery item

Change in the context of the shop order 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 achieved by means of a corresponding explanatory text, which the customer expressly confirms during the ordering process in your online shop by ticking the opt-in checkbox.

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

"[] I consent to my e-mail address being passed on to UPS (United Parcel Service Germany Inc. & Co. OHG, Görlitzer Strasse 1, 41460 Neuss) so that UPS can agree to it before the goods are delivered of a delivery date can contact me by e-mail or phone or provide status information on the delivery of the shipment. I can revoke my consent given in this regard at any time, contact us using the contact details contained in the imprint. "

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

H. Instructions for use for information on battery disposal

You have indicated to us that you do not sell any products with batteries or batteries yourself.

I. Beware of advertising with guarantees!

Particular care should be taken when advertising with guarantees. There are often warnings here

If you want to advertise with guarantees, you must absolutely provide more detailed information about the guarantee conditions.
You can read more about this here:
https://www.protectedshops.de/infothek/glossar/garantiewerbung-auf-ebay

We generally advise against advertising with guarantees, as the design is very complex. Get legal advice here!

Unfortunately, there are currently also warnings if manufacturer guarantees exist and these are not dealt with.
Although it has not yet been fully legally clarified whether this is necessary to prevent warnings in this regard, it would 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:

  • 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 spatial limitation of the guarantee (e.g. Germany-wide, Europe-wide, worldwide)
  • Note that the guarantee does not limit the warranty rights
  • Information on how to claim the guarantee (How should the customer proceed?)
This information should either be given on the product page itself or on another website linked to on the product page. If the manufacturer has a guarantee page on which the information is given, this can generally be linked to. 

However, if the manufacturer's information does not meet the legal requirements, this would be adopted as one's own, which also includes a warning risk.

J. Model for 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 guarantee conditions.

We also offer you a sample of what such a guarantee condition could look like.
However, this cannot be used without further ado, but must be compared with the respective manufacturer's guarantee.
Every single point can differ from the guarantee given by the manufacturer.
Therefore we cannot accept any liability for the given sample in this form either.

2. Guarantee condition

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

If material or manufacturing defects occur in the product during the guarantee period, the manufacturer offers the option of either repairing the goods free of charge or replacing them with an equivalent item.
However, the guarantee does not apply to damage caused by wear and tear, normal consumption, improper handling, the use of force or attempted repairs.

To claim the guarantee, you need to contact the manufacturer:

XYZ GmbH
Musterstrasse 123
12345 model town
Model country

You will receive documents from the manufacturer that 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 ensure that the goods are packed in such a way that they cannot be damaged during transport.

This guarantee is in addition to the other rights of the buyer. The legal rights of the buyer, in particular the guarantee or product liability, are not affected by this guarantee. They apply without restriction in addition 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, regardless of whether there is a warranty claim.