Action guide for the use of your legal texts and your payment methods
Instructions for the use of your legal texts and your payment methods
General
A. Instructions for the EU Commission's online dispute resolution platform
B. Instructions for your general terms and conditions
C. Instructions 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 Facebook's conversion tracking technology ("Facebook Pixel")
5. Integration of YouTube videos
6. Use of cookies for advertising, tracking and analysis purposes
7. 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 on delivery deadlines
G. Instructions for making changes to your online presence if customers' email addresses are to be passed on to one of the parcel service providers DHL, GLS, UPS, DPD or Hermes for the purpose of coordinating deliveries with customers:
1. Instructions for making changes to your online presence if customers' email addresses are to be passed on to the parcel service provider DHL for the purpose of coordinating deliveries with customers:
2. Instructions for making changes to your online presence if customers' email addresses are to be passed on to the parcel service provider GPS for the purpose of coordinating deliveries with customers:
3. Instructions for making changes to your online presence if customers' email addresses are to be passed on to the parcel service provider UPS for the purpose of coordinating deliveries with customers or for transmitting delivery status information
4. Instructions for making changes to your online presence if customers' email addresses are to be passed on to the parcel service provider DPD for the purpose of coordinating deliveries with customers:
5. Instructions for making changes to your online presence if customers' email addresses are to be passed on to the parcel service provider Hermes for the purpose of coordinating deliveries with customers or for transmitting delivery status information:
H. Instructions for information on battery disposal
General
Make sure you always copy all paragraphs.
Please note that you must always store the legal texts received from us for a specific website (e.g. cancellation policy, general terms and conditions with customer information) in full and in conjunction on the respective website. If you omit parts of the texts received from us for a specific website or entire texts, the legal security of the remaining texts or parts of the text can no longer be guaranteed. In this case, Protected Shops accepts no liability for any damage that may arise as a result.
A. Instructions for the EU Commission's online dispute resolution platform
As we explain to you in detail here , since January 9, 2016 you have had to provide a link to the EU Commission's online dispute resolution platform.
We have included the relevant information in both your imprint and your terms and conditions.
Please note that these links should be clickable if possible.
This can vary from shop system to shop system, which is why we cannot specify this.
The normal HTML command would be:
http://ec.europa.eu/consumers/odr
B. Instructions for your general terms and conditions
Instructions for the legally compliant use of these Terms and Conditions with customer information:
These terms and conditions with customer information have been designed exclusively for your own online shop and may only be used in connection with contracts for the delivery of goods . They can therefore be used by companies who sell goods to consumers via their own online shop. However, these terms and conditions with customer information cannot be used for contracts for services (which include rental, work, business management, brokerage, partnership or travel agency contracts). These terms and conditions with customer information may not be used for Internet platforms such as eBay, Amazon or other platforms (risk of warning!). Please make sure that you do not use any other (and therefore contradictory) terms and conditions in your online shop. You must also send these terms and conditions with customer information to your customers in text form (email, fax or letter). We recommend that you include these terms and conditions with customer information in the initial contact email that you send to the customer after receipt of the order. In addition, they can be attached to the delivery of goods for evidential purposes (e.g. on the back of the invoice). The general terms and conditions with customer information should be included in the online shop under a separate button "General terms and conditions & customer information".
Attention: Before publishing these terms and conditions with customer information, you should check carefully whether they may contradict a cease and desist declaration that you have previously made! Are you unsure? Get legal advice!
C. Instructions for your privacy policy and data protection in general
1. Integration
Please include the privacy policy under a separate button "Privacy Policy"
2. Advertising with newsletters
With the express consent of the customer (= customer registration for the newsletter)
This privacy policy takes into account the use of the customer's email address for advertising purposes via newsletters, which generally requires the customer's express consent. To obtain such consent, it is not sufficient to simply inform the customer of this privacy policy. Rather, the customer must expressly declare during the ordering process or when subscribing to the newsletter in your online shop that he or she agrees to the use of his or her email address for such purposes.
This can be achieved by means of a corresponding explanatory text, which the customer expressly confirms, for example, during the ordering process by ticking an opt-in checkbox or by pressing an order button when subscribing to the newsletter. The explanatory text must make it clear which products or services from which companies the consent specifically covers.
The following formulation is suitable for this purpose:
"Please send me information about the following product range by email regularly [ALTERNATIVE: every [X] weeks] and revocable at any time in accordance with your privacy policy: [LIST OF THE PRODUCT GROUPS YOU SELL]"
If you offer to send a newsletter and therefore adopt the passages contained in section 1 of this privacy policy for the newsletter, you must ensure that the customer can give their express consent. Please note that only the so-called "double opt-in" method is legally suitable for obtaining the recipient's consent in a verifiable manner.
2.1. Such express consent to the newsletter is only not required if the requirements of Section 7 Paragraph 3 of the German Act Against Unfair Competition are met. This is the case if
When collecting the customer's data (= during the ordering process), you must clearly inform them that they can object to the use of their email address for sending a newsletter at any time. Please therefore include the following suggested wording in a clearly legible manner in the ordering process:
"We use your email address in addition to processing the contract to inform you by email about our own similar goods/services. You can object to the use of your email address at any time without incurring any costs other than the transmission costs according to the basic rates. If you do not wish to receive any further advertising, please let us know by email to the following address: « Please enter your email address here » or click on the link « please enter the name of the link, e.g. "Unsubscribe" » at the end of the newsletter "
Danger:
You must inform the customer every time they use their email address about the possibility of objecting to the use of their data for your own advertising purposes. This means that you must include the following wording in every advertising email (newsletter):
"You are receiving this email because you have already placed an order with us. You can object to the use of your email address for your own advertising purposes at any time without incurring any costs other than the transmission costs according to the basic rates. If you do not wish to receive any further advertising, please let us know either by email to the following address: « Please enter your email address here » or click on the link « Please enter the name of the link, e.g. "Unsubscribe" » at the end of the newsletter"
As a precautionary measure, we always recommend that you obtain explicit consent to receive email newsletters and forego the option of receiving newsletters without consent.
3. Use of Google Analytics
Please always use Google Analytics with the "_anonymizeIP()" code function.
You can find out more here:
https://support.google.com/analytics/answer/2763052?hl=de
Please be sure to follow the instructions below to create the functionality of the opt-out link (opt-out cookie) within the Google Analytics privacy policy: - Embedding the necessary command chain (script) In order to enable the user to object regardless of the installation of the browser add-on, a mechanism must be implemented using a specific Java script code that prevents data collection when an opt-out cookie is activated. The script code checks the respective website for the presence of the opt-out cookie to be activated by the user and prevents tracking if this is found.
It is important that this Java script code is always integrated into the source code of the respective website before the actual analytics code!
- The script is as follows:
- A notice:
'UA-XXXXXX-Y' is to be replaced with your tracking code, which is individually assigned by Google. Google also provides instructions on how to programmatically prevent tracking via the link https://developers.google.com/analytics/devguides/collection/gajs/?hl=de#disable
ready.
- Attention: The script must be embedded on every (!) page on which a "Google Analytics" tracking code is implemented! Otherwise, the presence of the "opt-out cookie" that must be activated by the user and that stops the data flow will not be checked on these pages."
If you use Google Analytics, the data processing operations carried out by Google represent processing on your behalf in accordance with Art. 28 GDPR. You are therefore required to conclude a contract with Google for order processing. Google holds here:
https://static.googleusercontent.com/media/www.google.com/de//analytics/terms/de.pdf
a form that must be filled out and sent to the company.
Note: Be sure to keep a copy of the contract for evidence purposes.
4. Declaration of consent when using Facebook's conversion tracking technology ("Facebook Pixel")
Since the use of Facebook's conversion tracking technology is very likely to link user data from external websites with Facebook user profile data, user consent must be obtained before loading the corresponding "Facebook Pixel" code on your site!
It is therefore important to note that users must be informed about the use of conversion tracking and must agree to it before a corresponding tracking code is used.
This requires either that the code is dynamically reloaded or that the page is reloaded. We recommend integrating the instructions and consent request through a corresponding pop-up or banner on the provider's website, which is dynamically reloaded after the user has given their consent or initiates a page reload and only then executes the cookie.
The explicit requirement for consent can be met by using a “ consent button ” in the pop-up or banner.
It is important that the user is informed about the specific conversion tracking process as part of their declaration of consent. It is possible to integrate the instructions either into the pop-up or banner or to include them in the privacy policy, which must then be referred to in the pop-up or banner.
In our opinion, a reference to the privacy policy seems preferable, as 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 designing the pop-up or banner as follows:
"On this website, the Facebook pixel from Facebook is used for statistical purposes. With the help of a cookie, it is possible to track how our marketing measures on Facebook can be received and improved. We would be very pleased if you consent to this. Information about the "Facebook pixel", cookies and your right of objection 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 also the button
"I agree to the use of the Facebook pixel"
to insert.
5. Integration of YouTube videos
A notice:
We recommend using the YouTube embedding function exclusively in the so-called extended data protection mode!
In the so-called extended data protection mode, such framing codes are generated in relation to YouTube videos which - according to YouTube itself - only link cookie activity and the data collection initiated by it to the use of the playback function of the video itself. This means that data collection is prevented by simply using the website with framed content (from YouTube videos). Against this background, the concerns regarding the use of YouTube videos in one's own presence in compliance with data protection law are at least reduced.
Creating an embed link in enhanced privacy mode:
1.) To create the embed link based on the extended data protection mode, you must first click on "Share" and then on "Embed" below the desired video on YouTube.
2.) Instead of copying the link displayed, select the field labeled "Show more" below the code .
3.) A window with further options will then be rolled out. At the bottom, select the option entitled "Activate enhanced privacy mode" by checking the box. The website www.youtube.com displayed in the original HTML code will then be converted to the URL www.youtube-nocookie.com.
Adopting this link ensures that cookies are only set when the user plays the embedded video.
6. 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 of the use of cookies by the website at the beginning of the page visit via a clearly visible banner/bar at the top or bottom of the website and be informed that the website operator assumes the user's consent if he or she 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 right to object"
The passage "Information about cookies and your right to object" must then be linked to the data protection declaration.
7. Instructions for using Facebook Connect / Facebook Login
With Facebook Connect, users can log into the online shop using their Facebook account.
Notice
Attention: The use of Facebook Connect is legally controversial, a clearly permissible use of Facebook Connect in compliance with data protection regulations is currently not possible, there remains a residual risk when using this single sign-on procedure.
A solution to minimize legal risk would be to implement the following procedure:
- As part of the login/registration process in connection with Facebook Connect, the explicit consent of the site visitor must be obtained; such consent with an associated (not pre-checked) check box could look like this:
"I agree that data will be automatically transmitted to the site operator and used by Facebook Connect. This applies to my profile details marked as public on Facebook, such as title, first name, last name, address details, 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 imprint."
Notes :
The above consent must be placed in the immediate vicinity of the Facebook Connect button; the Facebook Connect function must not be executable until consent has been given. In addition, the word "privacy policy" in the above consent clause should be *linked+ to the page on which the privacy policy can be accessed. The process of obtaining consent must be recorded and saved . However, given the current state of case law, it is not possible to say with absolute certainty whether this procedure would withstand legal proceedings; if you want to be absolutely sure, you must not use Facebook Connect!
D. Instructions for your cancellation policy
The cancellation policy may only be used in connection with a distance selling contract in electronic commerce for the delivery of goods.
However, this cancellation policy is not suitable for contracts with the following contents:
• Contracts for the sale of land or property rights
• Contracts for services (which include rental, work, business management, brokerage, partnership or travel agency contracts)
• Contracts for the supply of water, electricity, gas (in 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 approval within the meaning of Section 454 of the German Civil Code (BGB).
You must also send your customers the cancellation policy including the cancellation form in text form (email, fax or letter). We recommend that you include the cancellation policy in the initial contact email that you send to the customer after receipt of the order. In addition, it can be included with the delivery of goods (e.g. on the back of the invoice) for proof purposes (optional).
Attention: Before publishing this cancellation policy, you should check carefully whether it may contradict a cease and desist declaration that you have previously made! 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 where 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 for the processing of the purchase on account and an identity and credit check to Klarna. I can revoke my consent (LINK TO: https://online.klarna.com/consent_de.yaws) at any time with effect for the future.
The terms and conditions < (LINK TO THE TERMS AND CONDITIONS) of the dealer apply
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 where 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 for the processing of the purchase on account and an identity and credit check to Klarna. I can revoke my consent (LINK TO: https://online.klarna.com/consent_de.yaws) at any time with effect for the future.
The terms and conditions (LINK TO THE TERMS AND CONDITIONS) of the dealer apply"
- If applicable, please also add a note that purchase on account can only be offered up to the maximum order value;
- Please mark the mandatory fields for the customer's information when selecting purchase on account
F. Instructions on delivery deadlines
They 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 to receive the goods.
We recommend the following procedure:
1. Please indicate the respective delivery time for shipping within Germany for each item and mark it with an asterisk.
Examples:
Delivery time 3-5 days*
or
Delivery time maximum 5 days*
or
Delivery time up to 5 days*
If you also offer express shipping, indicate the changed delivery times
Example:
Delivery time: Standard maximum 5 days, Express in 1 day*
2. Add a solution to the asterisk note in the footer of each offer page. Here you clarify which countries the stated delivery times apply to and link to the new page for delivery times
Example:
"For deliveries to Germany. Delivery times for other countries and information on calculating the delivery date can be found here
3. Provide the maximum additional delivery times for other countries on a separate information page.
The most useful thing is to have a table in which you indicate the additional delivery time that applies to other countries. If in doubt, it is better to specify a period that is too long than too short.
Example:
Information about 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 stated for each item.
Country | Additional maximum duration in days
Austria | 2
Switzerland | 3
Italy | 5
etc.
4th
When ordering multiple items, it depends on whether you send the items in one shipment or in several shipments (partial deliveries), depending on availability.
Example:
Joint broadcast :
Information about 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 stated for each item.
Country | Additional maximum duration in days
Austria | 2
Switzerland | 3
Italy | 5
etc.
If you order several items from us in one order, each with different delivery times, we will send the goods in one shipment unless we have agreed otherwise with you. In this case, the delivery time for the item in your order with the longest delivery time will apply to the entire shipment.
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, which you must add to the delivery time stated for each item.
Country | Additional maximum duration in days
Austria | 2
Switzerland | 3
Italy | 5
etc.
If you order several items from us in one order for which different delivery times apply, we will send the goods in several partial shipments depending on availability, for which the delivery times stated for each item apply. There are no additional shipping costs.
5. Please then attach the following explanation for calculating the (latest) delivery date:
Information on calculating the delivery date
The delivery period begins on the day after the payment order is issued to the transferring bank in the case of advance payment or on the day after the contract is concluded in the case of other payment methods and ends on 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 takes the place of such a day.
or, if your shipping company also delivers on Saturdays:
Information on calculating the delivery date
The delivery period begins on the day after the payment order is issued to the transferring bank in the case of advance payment or on the day after the contract is concluded in the case of other payment methods 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 recognized by the state at the place of delivery, the next working day takes the place of such a day.
G. Instructions for making changes to your online presence if customers' email addresses are to be passed on to one of the parcel service providers DHL, GLS, UPS, DPD or Hermes for the purpose of coordinating deliveries with customers:
1. Instructions for making changes to your online presence if customers' email addresses are to be passed on to the parcel service provider DHL for the purpose of coordinating deliveries with customers:
Changes during the shop ordering process:
You may only pass on the email address collected from the customer to a third party (here DHL) if you have obtained the express consent of the customer concerned to pass on his or her email address!
This consent of the customer can be achieved through a corresponding declaration text, which the customer expressly confirms during the ordering process in your online shop by ticking the opt-in checkbox.
- Please therefore include the following consent text (including check box) in the ordering process:
" [ ] I agree that my email address or my telephone number may be sent to
to DHL (Deutsche Post AG, Charles-de-Gaulle-Straße 20, 53113 Bonn) so that DHL can contact you by email or telephone prior to delivery of the goods for the purpose of coordinating a delivery date.
contact me or send me status information about the delivery of the shipment. I can revoke my consent 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 customers' email addresses are to be passed on to the parcel service provider GPS for the purpose of coordinating deliveries with customers:
Changes during the shop ordering process:
You may only pass on the email address collected from the customer to a third party (here GLS) if you have obtained the express consent of the customer concerned to pass on his or her email address!
This consent of the customer can be achieved through a corresponding declaration text, which the customer expressly confirms during the ordering process in your online shop by ticking the opt-in checkbox.
-Please therefore include the following consent text (including check box) in the ordering process:
" [ ] I agree that my email address or my telephone number
to GLS (General Logistics Systems Germany GmbH & Co. OHG, GLS Germany-Straße 1 – 7, 36286 Neuenstein) so that GLS can contact me by email or telephone before the goods are delivered in order to coordinate a delivery date or to provide status information on the delivery of the shipment. I can revoke my consent 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!
3. Instructions for making changes to your online presence if customers' email addresses are to be passed on to the parcel service provider UPS for the purpose of coordinating deliveries with customers or for transmitting delivery status information
Changes during the shop ordering process:
You may only pass on the email 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 or her email address!
This consent of the customer can be achieved through a corresponding declaration text, which the customer expressly confirms during the ordering process in your online shop by ticking the opt-in checkbox.
- Please therefore include the following consent text (including check box) in the ordering process:
" [ ] I agree that my email address will be passed on to UPS (United Parcel Service Deutschland Inc. & Co. OHG, Görlitzer Straße 1, 41460 Neuss) so that UPS can contact me by email or telephone before the goods are delivered in order to coordinate a delivery date or to provide status information on the delivery of the shipment. I can revoke my consent given in this regard at any time. Please contact us using the contact details provided 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!
4. Instructions for making changes to your online presence if customers' email addresses are to be passed on to the parcel service provider DPD for the purpose of coordinating deliveries with customers:
Changes during the shop ordering process: You may only pass on the email address collected from the customer to a third party (here DPD) if you have obtained the express consent of the customer concerned to pass on his or her email address!
This consent of the customer can be achieved through a corresponding declaration text, which the customer expressly confirms during the ordering process in your online shop by ticking the opt-in checkbox.
Please therefore include the following consent text (including check box) in the ordering process:
"[ ] I agree that my email address and my telephone number will be passed on to DPD (DPD Deutschland GmbH, Wailandtstraße 1, 63741 Aschaffenburg) so that DPD can contact me by email or telephone before the goods are delivered in order to coordinate a delivery date or to provide status information on the delivery of the shipment. I can revoke my consent 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!
5. Instructions for making changes to your online presence if customers' email addresses are to be passed on to the parcel service provider Hermes for the purpose of coordinating deliveries with customers or for transmitting delivery status information:
Changes during the shop ordering process:
You may only pass on the email address collected from the customer to a third party (here Hermes) if you have obtained the express consent of the customer concerned to pass on his or her email address!
This consent of the customer can be achieved through a corresponding declaration text, which the customer expressly confirms during the ordering process in your online shop by ticking the opt-in checkbox. -
Please therefore include the following consent text (including check box) in the ordering process:
"[ ] I agree that my email address or my telephone number will be passed on to Hermes (Hermes Logistik Gruppe Deutschland GmbH, Essener Straße 89, 22419 Hamburg) so that Hermes can contact me by email or telephone before the goods are delivered in order to coordinate a delivery date or to provide status information on the delivery of the shipment. I can revoke my consent 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!
H. Instructions for information on battery disposal
You have told us that you do not sell any products containing batteries or batteries themselves.
General
A. Instructions for the EU Commission's online dispute resolution platform
B. Instructions for your general terms and conditions
C. Instructions 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 Facebook's conversion tracking technology ("Facebook Pixel")
5. Integration of YouTube videos
6. Use of cookies for advertising, tracking and analysis purposes
7. 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 on delivery deadlines
G. Instructions for making changes to your online presence if customers' email addresses are to be passed on to one of the parcel service providers DHL, GLS, UPS, DPD or Hermes for the purpose of coordinating deliveries with customers:
1. Instructions for making changes to your online presence if customers' email addresses are to be passed on to the parcel service provider DHL for the purpose of coordinating deliveries with customers:
2. Instructions for making changes to your online presence if customers' email addresses are to be passed on to the parcel service provider GPS for the purpose of coordinating deliveries with customers:
3. Instructions for making changes to your online presence if customers' email addresses are to be passed on to the parcel service provider UPS for the purpose of coordinating deliveries with customers or for transmitting delivery status information
4. Instructions for making changes to your online presence if customers' email addresses are to be passed on to the parcel service provider DPD for the purpose of coordinating deliveries with customers:
5. Instructions for making changes to your online presence if customers' email addresses are to be passed on to the parcel service provider Hermes for the purpose of coordinating deliveries with customers or for transmitting delivery status information:
H. Instructions for information on battery disposal
General
Make sure you always copy all paragraphs.
Please note that you must always store the legal texts received from us for a specific website (e.g. cancellation policy, general terms and conditions with customer information) in full and in conjunction on the respective website. If you omit parts of the texts received from us for a specific website or entire texts, the legal security of the remaining texts or parts of the text can no longer be guaranteed. In this case, Protected Shops accepts no liability for any damage that may arise as a result.
A. Instructions for the EU Commission's online dispute resolution platform
As we explain to you in detail here , since January 9, 2016 you have had to provide a link to the EU Commission's online dispute resolution platform.
We have included the relevant information in both your imprint and your terms and conditions.
Please note that these links should be clickable if possible.
This can vary from shop system to shop system, which is why we cannot specify this.
The normal HTML command would be:
http://ec.europa.eu/consumers/odr
B. Instructions for your general terms and conditions
Instructions for the legally compliant use of these Terms and Conditions with customer information:
These terms and conditions with customer information have been designed exclusively for your own online shop and may only be used in connection with contracts for the delivery of goods . They can therefore be used by companies who sell goods to consumers via their own online shop. However, these terms and conditions with customer information cannot be used for contracts for services (which include rental, work, business management, brokerage, partnership or travel agency contracts). These terms and conditions with customer information may not be used for Internet platforms such as eBay, Amazon or other platforms (risk of warning!). Please make sure that you do not use any other (and therefore contradictory) terms and conditions in your online shop. You must also send these terms and conditions with customer information to your customers in text form (email, fax or letter). We recommend that you include these terms and conditions with customer information in the initial contact email that you send to the customer after receipt of the order. In addition, they can be attached to the delivery of goods for evidential purposes (e.g. on the back of the invoice). The general terms and conditions with customer information should be included in the online shop under a separate button "General terms and conditions & customer information".
Attention: Before publishing these terms and conditions with customer information, you should check carefully whether they may contradict a cease and desist declaration that you have previously made! Are you unsure? Get legal advice!
C. Instructions for your privacy policy and data protection in general
1. Integration
Please include the privacy policy under a separate button "Privacy Policy"
2. Advertising with newsletters
With the express consent of the customer (= customer registration for the newsletter)
This privacy policy takes into account the use of the customer's email address for advertising purposes via newsletters, which generally requires the customer's express consent. To obtain such consent, it is not sufficient to simply inform the customer of this privacy policy. Rather, the customer must expressly declare during the ordering process or when subscribing to the newsletter in your online shop that he or she agrees to the use of his or her email address for such purposes.
This can be achieved by means of a corresponding explanatory text, which the customer expressly confirms, for example, during the ordering process by ticking an opt-in checkbox or by pressing an order button when subscribing to the newsletter. The explanatory text must make it clear which products or services from which companies the consent specifically covers.
The following formulation is suitable for this purpose:
"Please send me information about the following product range by email regularly [ALTERNATIVE: every [X] weeks] and revocable at any time in accordance with your privacy policy: [LIST OF THE PRODUCT GROUPS YOU SELL]"
If you offer to send a newsletter and therefore adopt the passages contained in section 1 of this privacy policy for the newsletter, you must ensure that the customer can give their express consent. Please note that only the so-called "double opt-in" method is legally suitable for obtaining the recipient's consent in a verifiable manner.
2.1. Such express consent to the newsletter is only not required if the requirements of Section 7 Paragraph 3 of the German Act Against Unfair Competition are met. This is the case if
- You have received your customer’s email address in connection with the sale of a product or service and
- You will only use this email address to advertise your own similar goods or services and
- the customer has not objected to this use and
- the customer was clearly informed when the address was collected and each time the data was used that he or she can object to the use of the data at any time without incurring any costs other than the transmission costs according to the basic rates.
When collecting the customer's data (= during the ordering process), you must clearly inform them that they can object to the use of their email address for sending a newsletter at any time. Please therefore include the following suggested wording in a clearly legible manner in the ordering process:
"We use your email address in addition to processing the contract to inform you by email about our own similar goods/services. You can object to the use of your email address at any time without incurring any costs other than the transmission costs according to the basic rates. If you do not wish to receive any further advertising, please let us know by email to the following address: « Please enter your email address here » or click on the link « please enter the name of the link, e.g. "Unsubscribe" » at the end of the newsletter "
Danger:
You must inform the customer every time they use their email address about the possibility of objecting to the use of their data for your own advertising purposes. This means that you must include the following wording in every advertising email (newsletter):
"You are receiving this email because you have already placed an order with us. You can object to the use of your email address for your own advertising purposes at any time without incurring any costs other than the transmission costs according to the basic rates. If you do not wish to receive any further advertising, please let us know either by email to the following address: « Please enter your email address here » or click on the link « Please enter the name of the link, e.g. "Unsubscribe" » at the end of the newsletter"
As a precautionary measure, we always recommend that you obtain explicit consent to receive email newsletters and forego the option of receiving newsletters without consent.
3. Use of Google Analytics
Please always use Google Analytics with the "_anonymizeIP()" code function.
You can find out more here:
https://support.google.com/analytics/answer/2763052?hl=de
Please be sure to follow the instructions below to create the functionality of the opt-out link (opt-out cookie) within the Google Analytics privacy policy: - Embedding the necessary command chain (script) In order to enable the user to object regardless of the installation of the browser add-on, a mechanism must be implemented using a specific Java script code that prevents data collection when an opt-out cookie is activated. The script code checks the respective website for the presence of the opt-out cookie to be activated by the user and prevents tracking if this is found.
It is important that this Java script code is always integrated into the source code of the respective website before the actual analytics code!
- The script is as follows:
- A notice:
'UA-XXXXXX-Y' is to be replaced with your tracking code, which is individually assigned by Google. Google also provides instructions on how to programmatically prevent tracking via the link https://developers.google.com/analytics/devguides/collection/gajs/?hl=de#disable
ready.
- Attention: The script must be embedded on every (!) page on which a "Google Analytics" tracking code is implemented! Otherwise, the presence of the "opt-out cookie" that must be activated by the user and that stops the data flow will not be checked on these pages."
If you use Google Analytics, the data processing operations carried out by Google represent processing on your behalf in accordance with Art. 28 GDPR. You are therefore required to conclude a contract with Google for order processing. Google holds here:
https://static.googleusercontent.com/media/www.google.com/de//analytics/terms/de.pdf
a form that must be filled out and sent to the company.
Note: Be sure to keep a copy of the contract for evidence purposes.
4. Declaration of consent when using Facebook's conversion tracking technology ("Facebook Pixel")
Since the use of Facebook's conversion tracking technology is very likely to link user data from external websites with Facebook user profile data, user consent must be obtained before loading the corresponding "Facebook Pixel" code on your site!
It is therefore important to note that users must be informed about the use of conversion tracking and must agree to it before a corresponding tracking code is used.
This requires either that the code is dynamically reloaded or that the page is reloaded. We recommend integrating the instructions and consent request through a corresponding pop-up or banner on the provider's website, which is dynamically reloaded after the user has given their consent or initiates a page reload and only then executes the cookie.
The explicit requirement for consent can be met by using a “ consent button ” in the pop-up or banner.
It is important that the user is informed about the specific conversion tracking process as part of their declaration of consent. It is possible to integrate the instructions either into the pop-up or banner or to include them in the privacy policy, which must then be referred to in the pop-up or banner.
In our opinion, a reference to the privacy policy seems preferable, as 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 designing the pop-up or banner as follows:
"On this website, the Facebook pixel from Facebook is used for statistical purposes. With the help of a cookie, it is possible to track how our marketing measures on Facebook can be received and improved. We would be very pleased if you consent to this. Information about the "Facebook pixel", cookies and your right of objection 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 also the button
"I agree to the use of the Facebook pixel"
to insert.
5. Integration of YouTube videos
A notice:
We recommend using the YouTube embedding function exclusively in the so-called extended data protection mode!
In the so-called extended data protection mode, such framing codes are generated in relation to YouTube videos which - according to YouTube itself - only link cookie activity and the data collection initiated by it to the use of the playback function of the video itself. This means that data collection is prevented by simply using the website with framed content (from YouTube videos). Against this background, the concerns regarding the use of YouTube videos in one's own presence in compliance with data protection law are at least reduced.
Creating an embed link in enhanced privacy mode:
1.) To create the embed link based on the extended data protection mode, you must first click on "Share" and then on "Embed" below the desired video on YouTube.
2.) Instead of copying the link displayed, select the field labeled "Show more" below the code .
3.) A window with further options will then be rolled out. At the bottom, select the option entitled "Activate enhanced privacy mode" by checking the box. The website www.youtube.com displayed in the original HTML code will then be converted to the URL www.youtube-nocookie.com.
Adopting this link ensures that cookies are only set when the user plays the embedded video.
6. 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 of the use of cookies by the website at the beginning of the page visit via a clearly visible banner/bar at the top or bottom of the website and be informed that the website operator assumes the user's consent if he or she 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 right to object"
The passage "Information about cookies and your right to object" must then be linked to the data protection declaration.
7. Instructions for using Facebook Connect / Facebook Login
With Facebook Connect, users can log into the online shop using their Facebook account.
Notice
Attention: The use of Facebook Connect is legally controversial, a clearly permissible use of Facebook Connect in compliance with data protection regulations is currently not possible, there remains a residual risk when using this single sign-on procedure.
A solution to minimize legal risk would be to implement the following procedure:
- As part of the login/registration process in connection with Facebook Connect, the explicit consent of the site visitor must be obtained; such consent with an associated (not pre-checked) check box could look like this:
"I agree that data will be automatically transmitted to the site operator and used by Facebook Connect. This applies to my profile details marked as public on Facebook, such as title, first name, last name, address details, 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 imprint."
Notes :
The above consent must be placed in the immediate vicinity of the Facebook Connect button; the Facebook Connect function must not be executable until consent has been given. In addition, the word "privacy policy" in the above consent clause should be *linked+ to the page on which the privacy policy can be accessed. The process of obtaining consent must be recorded and saved . However, given the current state of case law, it is not possible to say with absolute certainty whether this procedure would withstand legal proceedings; if you want to be absolutely sure, you must not use Facebook Connect!
D. Instructions for your cancellation policy
The cancellation policy may only be used in connection with a distance selling contract in electronic commerce for the delivery of goods.
However, this cancellation policy is not suitable for contracts with the following contents:
• Contracts for the sale of land or property rights
• Contracts for services (which include rental, work, business management, brokerage, partnership or travel agency contracts)
• Contracts for the supply of water, electricity, gas (in 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 approval within the meaning of Section 454 of the German Civil Code (BGB).
You must also send your customers the cancellation policy including the cancellation form in text form (email, fax or letter). We recommend that you include the cancellation policy in the initial contact email that you send to the customer after receipt of the order. In addition, it can be included with the delivery of goods (e.g. on the back of the invoice) for proof purposes (optional).
Attention: Before publishing this cancellation policy, you should check carefully whether it may contradict a cease and desist declaration that you have previously made! 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 where 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 for the processing of the purchase on account and an identity and credit check to Klarna. I can revoke my consent (LINK TO: https://online.klarna.com/consent_de.yaws) at any time with effect for the future.
The terms and conditions < (LINK TO THE TERMS AND CONDITIONS) of the dealer apply
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 where 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 for the processing of the purchase on account and an identity and credit check to Klarna. I can revoke my consent (LINK TO: https://online.klarna.com/consent_de.yaws) at any time with effect for the future.
The terms and conditions (LINK TO THE TERMS AND CONDITIONS) of the dealer apply"
- If applicable, please also add a note that purchase on account can only be offered up to the maximum order value;
- Please mark the mandatory fields for the customer's information when selecting purchase on account
F. Instructions on delivery deadlines
They 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 to receive the goods.
We recommend the following procedure:
1. Please indicate the respective delivery time for shipping within Germany for each item and mark it with an asterisk.
Examples:
Delivery time 3-5 days*
or
Delivery time maximum 5 days*
or
Delivery time up to 5 days*
If you also offer express shipping, indicate the changed delivery times
Example:
Delivery time: Standard maximum 5 days, Express in 1 day*
2. Add a solution to the asterisk note in the footer of each offer page. Here you clarify which countries the stated delivery times apply to and link to the new page for delivery times
Example:
"For deliveries to Germany. Delivery times for other countries and information on calculating the delivery date can be found here
3. Provide the maximum additional delivery times for other countries on a separate information page.
The most useful thing is to have a table in which you indicate the additional delivery time that applies to other countries. If in doubt, it is better to specify a period that is too long than too short.
Example:
Information about 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 stated for each item.
Country | Additional maximum duration in days
Austria | 2
Switzerland | 3
Italy | 5
etc.
4th
When ordering multiple items, it depends on whether you send the items in one shipment or in several shipments (partial deliveries), depending on availability.
Example:
Joint broadcast :
Information about 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 stated for each item.
Country | Additional maximum duration in days
Austria | 2
Switzerland | 3
Italy | 5
etc.
If you order several items from us in one order, each with different delivery times, we will send the goods in one shipment unless we have agreed otherwise with you. In this case, the delivery time for the item in your order with the longest delivery time will apply to the entire shipment.
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, which you must add to the delivery time stated for each item.
Country | Additional maximum duration in days
Austria | 2
Switzerland | 3
Italy | 5
etc.
If you order several items from us in one order for which different delivery times apply, we will send the goods in several partial shipments depending on availability, for which the delivery times stated for each item apply. There are no additional shipping costs.
5. Please then attach the following explanation for calculating the (latest) delivery date:
Information on calculating the delivery date
The delivery period begins on the day after the payment order is issued to the transferring bank in the case of advance payment or on the day after the contract is concluded in the case of other payment methods and ends on 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 takes the place of such a day.
or, if your shipping company also delivers on Saturdays:
Information on calculating the delivery date
The delivery period begins on the day after the payment order is issued to the transferring bank in the case of advance payment or on the day after the contract is concluded in the case of other payment methods 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 recognized by the state at the place of delivery, the next working day takes the place of such a day.
G. Instructions for making changes to your online presence if customers' email addresses are to be passed on to one of the parcel service providers DHL, GLS, UPS, DPD or Hermes for the purpose of coordinating deliveries with customers:
1. Instructions for making changes to your online presence if customers' email addresses are to be passed on to the parcel service provider DHL for the purpose of coordinating deliveries with customers:
Changes during the shop ordering process:
You may only pass on the email address collected from the customer to a third party (here DHL) if you have obtained the express consent of the customer concerned to pass on his or her email address!
This consent of the customer can be achieved through a corresponding declaration text, which the customer expressly confirms during the ordering process in your online shop by ticking the opt-in checkbox.
- Please therefore include the following consent text (including check box) in the ordering process:
" [ ] I agree that my email address or my telephone number may be sent to
to DHL (Deutsche Post AG, Charles-de-Gaulle-Straße 20, 53113 Bonn) so that DHL can contact you by email or telephone prior to delivery of the goods for the purpose of coordinating a delivery date.
contact me or send me status information about the delivery of the shipment. I can revoke my consent 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 customers' email addresses are to be passed on to the parcel service provider GPS for the purpose of coordinating deliveries with customers:
Changes during the shop ordering process:
You may only pass on the email address collected from the customer to a third party (here GLS) if you have obtained the express consent of the customer concerned to pass on his or her email address!
This consent of the customer can be achieved through a corresponding declaration text, which the customer expressly confirms during the ordering process in your online shop by ticking the opt-in checkbox.
-Please therefore include the following consent text (including check box) in the ordering process:
" [ ] I agree that my email address or my telephone number
to GLS (General Logistics Systems Germany GmbH & Co. OHG, GLS Germany-Straße 1 – 7, 36286 Neuenstein) so that GLS can contact me by email or telephone before the goods are delivered in order to coordinate a delivery date or to provide status information on the delivery of the shipment. I can revoke my consent 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!
3. Instructions for making changes to your online presence if customers' email addresses are to be passed on to the parcel service provider UPS for the purpose of coordinating deliveries with customers or for transmitting delivery status information
Changes during the shop ordering process:
You may only pass on the email 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 or her email address!
This consent of the customer can be achieved through a corresponding declaration text, which the customer expressly confirms during the ordering process in your online shop by ticking the opt-in checkbox.
- Please therefore include the following consent text (including check box) in the ordering process:
" [ ] I agree that my email address will be passed on to UPS (United Parcel Service Deutschland Inc. & Co. OHG, Görlitzer Straße 1, 41460 Neuss) so that UPS can contact me by email or telephone before the goods are delivered in order to coordinate a delivery date or to provide status information on the delivery of the shipment. I can revoke my consent given in this regard at any time. Please contact us using the contact details provided 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!
4. Instructions for making changes to your online presence if customers' email addresses are to be passed on to the parcel service provider DPD for the purpose of coordinating deliveries with customers:
Changes during the shop ordering process: You may only pass on the email address collected from the customer to a third party (here DPD) if you have obtained the express consent of the customer concerned to pass on his or her email address!
This consent of the customer can be achieved through a corresponding declaration text, which the customer expressly confirms during the ordering process in your online shop by ticking the opt-in checkbox.
Please therefore include the following consent text (including check box) in the ordering process:
"[ ] I agree that my email address and my telephone number will be passed on to DPD (DPD Deutschland GmbH, Wailandtstraße 1, 63741 Aschaffenburg) so that DPD can contact me by email or telephone before the goods are delivered in order to coordinate a delivery date or to provide status information on the delivery of the shipment. I can revoke my consent 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!
5. Instructions for making changes to your online presence if customers' email addresses are to be passed on to the parcel service provider Hermes for the purpose of coordinating deliveries with customers or for transmitting delivery status information:
Changes during the shop ordering process:
You may only pass on the email address collected from the customer to a third party (here Hermes) if you have obtained the express consent of the customer concerned to pass on his or her email address!
This consent of the customer can be achieved through a corresponding declaration text, which the customer expressly confirms during the ordering process in your online shop by ticking the opt-in checkbox. -
Please therefore include the following consent text (including check box) in the ordering process:
"[ ] I agree that my email address or my telephone number will be passed on to Hermes (Hermes Logistik Gruppe Deutschland GmbH, Essener Straße 89, 22419 Hamburg) so that Hermes can contact me by email or telephone before the goods are delivered in order to coordinate a delivery date or to provide status information on the delivery of the shipment. I can revoke my consent 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!
H. Instructions for information on battery disposal
You have told us that you do not sell any products containing batteries or batteries themselves.