Instructions 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 for data protection in general
1. Integration
2. Advertising with newsletters
3. Use of Google Analytics
4. Consent declaration for the use of 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 invoice purchase via payment service provider Klarna (Klarna invoice)
F. Instructions on Delivery Deadlines
G. Instructions for changes to your online presence when 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 delivery with the customers:
1. Instructions for changes to your online presence when customer email addresses are to be passed on to the parcel service provider DHL for the purpose of delivery coordination with the customers:
2. Instructions for 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 delivery with the customers:
3. Instructions for changes to your online presence when customers' email addresses are to be passed on to the parcel service provider UPS for the purpose of coordinating delivery with customers or transmitting status information of the delivery shipment
4. Instructions for 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 delivery with the customers:
5. Instructions for changes to your online presence when customers' email addresses are to be passed on to the parcel service provider Hermes for the purpose of coordinating delivery with the customers or for transmitting status information of the delivery shipment:
H. Instructions for Information on Battery Disposal
General
Make sure to always copy all paragraphs.
Please note that you must always store the legal texts we provide for a specific online presence (e.g., cancellation policy, terms and conditions with customer information) completely and together on the respective online presence. If you omit parts of the texts we provide for a specific online presence or entire texts, legal certainty of the remaining texts or text parts can no longer be guaranteed. In this case, Protected Shops assumes no liability for any damages that may arise for you as a result.
A. Instructions for the EU Commission's Online Dispute Resolution Platform
As we explain to you here in detail, since 09.01.2016 you must include a link to the EU Commission's online dispute resolution platform.
We have included the relevant information both in your imprint and in 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 it definitively.
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 GTC with customer information:
These terms and conditions with customer information are exclusively designed for your own online shop and may only be used in connection with contracts for goods deliveries. Therefore, they can be used by entrepreneurs who sell goods to consumers through their own online shop. However, these terms and conditions with customer information are not suitable for contracts for services (which include rental, work, business management, brokerage, partnership mediation, or travel mediation contracts). These terms and conditions with customer information must not be used for internet platforms such as eBay, Amazon, or other platforms (risk of warning letters!). Please ensure that you do not use other (and thus contradictory) terms and conditions in your online shop. You must provide these terms and conditions with customer information to your customers additionally in text form (email, fax, or letter). We recommend incorporating these terms and conditions with customer information into the initial contact email that you send to the customer after receiving the order. Additionally, they can be attached for evidentiary purposes of the goods delivery (for example, on the back of the invoice). The terms and conditions with customer information should be used in the online shop under a separate button "AGB & Kundeninfo".
Attention: Before publishing these terms and conditions with customer information, you should carefully check whether they might contradict a cease-and-desist declaration you have previously made! Are you unsure? Seek legal advice!
C. Instructions for your privacy policy and for data protection in general
1. Integration
Please include the privacy policy under a separate button labeled "Privacy Policy"
2. Advertising with newsletters
With the explicit consent of the customer (= customer's registration for the newsletter)
This privacy policy takes into account the use of the customer's email address for advertising purposes via newsletter, which generally requires the customer's explicit consent. For such consent, it is not sufficient to merely inform the customer of this privacy policy. Rather, the customer must explicitly declare during the ordering process or when subscribing to the newsletter in your online shop that they agree to the use of their email address for such purposes.
This can be accomplished through an appropriate explanatory text, which the customer explicitly confirms, for example, during the ordering process by ticking an opt-in checkbox or by pressing an order button as part of the newsletter subscription. The explanatory text must specify which products or services of which companies the consent specifically covers.
A suitable formulation for this is:
"Please send me information about the following product range regularly in accordance with your privacy policy [ALTERNATIVELY: every [X] weeks] and revocably at any time by e-mail: [LIST OF THE PRODUCT GROUPS YOU DISTRIBUTE]"
If you offer the sending of a newsletter and therefore adopt the sections on the newsletter contained under item 1 of this privacy policy, you must ensure that the customer can give their explicit consent. Please note that only the so-called "Double Opt-In" method is legally suitable to obtain the recipient's consent in a verifiable manner.
2.1. Such explicit consent for sending newsletters is only not required if the conditions of § 7 para. 3 UWG are met. This is the case when
You must clearly and explicitly inform the customer during the collection of their data (= during the ordering process) that they can object to the use of their email address for sending newsletters at any time. Therefore, please insert the following suggested wording clearly legible into the ordering process:
"We use your email address, in addition to contract processing, 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 inform us by email at the following address: « Please insert your email address here » or click on the link « please insert the name of the link here, e.g., 'Unsubscribe' » at the end of the newsletter."
Danger:
You must inform the customer of the possibility to object to the use of their data for your own advertising purposes every time their email address is used. 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 our 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 inform us either by email at the following address: « Please insert your email address here » or click on the link « Please insert the name of the link here, e.g., "Unsubscribe" » at the end of the newsletter.
We always advise, as a precaution, to obtain explicit consent for sending email newsletters and to refrain from sending newsletters without consent.
3. Use of Google Analytics
Please always use Google Analytics with the "_anonymizeIP()" code function.
You can find more information about this here:
https://support.google.com/analytics/answer/2763052?hl=de
Please definitely note the following instructions for ensuring the functionality of the objection link (opt-out cookie) within the Google Analytics privacy clause:- Embedding the necessary command sequence (script)To enable the user to object independently of the installation of the browser add-on, a mechanism must be implemented using a specific JavaScript 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 disables tracking if detected.
It is important that this JavaScript code is always embedded before the actual analytics code in the source code of the respective website!
- The script is as follows:
- Note:
'UA-XXXXXX-Y' should be replaced with your individually assigned tracking code from Google. Google also provides instructions for programmatically disabling tracking at the link https://developers.google.com/analytics/devguides/collection/gajs/?hl=de#disable
ready.
- Attention: The script must be embedded on every (!) page where a "Google Analytics" tracking code is implemented! Otherwise, on these pages, the presence of the "opt-out cookie" to be activated by the user, which stops the data flow, will not be checked.
If you use Google Analytics, the data processing operations carried out by Google in this context constitute processing on your behalf according to Art. 28 GDPR. Therefore, you are required to conclude a data processing agreement with Google. Google provides this here:
https://static.googleusercontent.com/media/www.google.com/de//analytics/terms/de.pdf
a form is provided, which must be filled out and sent to the company.
Note: Be sure to keep a copy of the contract for evidentiary purposes.
4. Consent declaration for the use of Facebook's conversion tracking technology ("Facebook Pixel")
Since the use of Facebook's conversion tracking technology very likely involves linking user data from external websites with Facebook user profile data, obtaining user consent is required before loading the corresponding "Facebook Pixel" code on your site!
It should be noted that users must be informed about the use of conversion tracking and must consent to it before the corresponding tracking code is implemented.
This either requires that the code is dynamically reloaded or that a page reload occurs. We recommend integrating the instruction and consent request through a corresponding pop-up or banner on the provider's site, which is dynamically reloaded after the user's consent or initiates a page reload and only then executes the cookie.
The requirement for explicit consent can be fulfilled via a "consent button" within the popup or banner.
It is important that the user is informed about the specific procedure of conversion tracking as part of their consent declaration. It is possible to either integrate the information into the pop-up or banner, or include it in the privacy policy, which must then be referenced again in the pop-up or banner.
In our opinion, referring to the privacy policy is preferable, as a complete instruction would unnecessarily enlarge the dimensions of the pop-up window or banner and is also likely to confuse the user due to an excess of text and information.
We recommend designing the pop-up or banner as follows:
"This website uses the Facebook Pixel from Facebook for statistical purposes. With the help of a cookie, it can be tracked how our marketing measures on Facebook are received and improved. We would be very pleased with your consent herewith. Information about the 'Facebook Pixel', cookies, and your right to object can be found in our privacy policy [-> link to own privacy policy]."
Within the pop-up or banner, below the aforementioned text, there is additionally 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 feature exclusively in the so-called enhanced privacy mode!
In the so-called extended privacy mode, framing codes are generated for YouTube videos that - according to YouTube itself - link cookie activity and the data collection initiated by it only to the use of the video's playback function itself. This ensures that data collection through mere use of the website with content framed by YouTube videos is prevented. Against this background, concerns regarding the data protection-compliant use of YouTube videos on one's own site are at least reduced.
Creating an embed link in enhanced privacy mode:
1.) To generate the embed link based on the enhanced privacy mode, first click on "Share" below the desired video on YouTube, and then click on "Embed."
2.) Instead of copying the displayed link, the field labeled "Show more" below the code should be selected.
3.) A window with additional options will be rolled out below, from which the one titled "Enable enhanced privacy mode" at the bottom edge is to be selected by ticking the checkbox. Then, the website www.youtube.com displayed in the original HTML code changes to the URL www.youtube-nocookie.com.
The adoption of this link ensures that cookies are only set when the embedded video is played by the user.
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 at the beginning of the page visit via a clearly visible banner/bar at the top or bottom edge of the website about the use of cookies by the website and be informed that the website operator assumes the user's consent if the user continues to use the website thereafter.
This website uses cookies to analyze website traffic/marketing activities.
By continuing to use the website, you agree to this use.
Information about cookies and your right to object
The passage "Informationen zu Cookies und Ihre Widerspruchsmöglichkeit" must then be linked to the privacy policy.
7. Instructions for Using Facebook Connect / Facebook Login
With Facebook Connect, users can log into the online shop using their Facebook account.
Notice
Warning: The use of Facebook Connect is legally controversial; a clearly permissible data protection-compliant use of Facebook Connect is currently not possible, leaving a residual risk when using this Single Sign-On procedure.
A solution that minimizes legal risk would be the implementation of 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) checkbox could look as follows:
"I agree that data will be automatically transmitted to and used by the site operator through Facebook Connect. This concerns my profile details marked as public on Facebook, such as salutation, 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 specified in the imprint."
Notes :
The above consent must be placed in close proximity to the Facebook Connect button, and the Facebook Connect function must not be executable as long as consent has not yet been given. In addition, the word "Privacy Policy" in the above consent clause should be linked to the page where the privacy policy can be accessed. The obtaining of consent must be logged and stored. However, whether this procedure would withstand a court proceeding cannot be predicted with absolute certainty based on the current state of case law; if you want to act with complete 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 commerce for the delivery of goods.
This cancellation policy is not suitable for contracts with the following contents:
• Contracts for the sale of land or land-equivalent rights
• Contracts for services (which include, for example, rental, work, business management, brokerage, partnership mediation, or travel mediation contracts)
• Contracts for the supply of water, electricity, gas (with unlimited volume or unlimited quantity) or district heating
• Contracts for the supply of digital content that is not delivered on a physical data carrier
• Subscription contracts
• Purchase on trial basis within the meaning of § 454 BGB.
You must additionally provide your customers with the cancellation policy along with the cancellation form in text form (email, fax, or letter). We recommend including the cancellation policy in the initial contact email that you send to the customer after receiving the order. Additionally, it can be attached for proof of goods delivery (for example, on the back of the invoice) (optional).
Attention: Before publishing this cancellation policy, you should carefully check whether it might contradict a cease-and-desist declaration you have previously made! Are you unsure? Seek 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)
During the ordering process:
Please insert the following consent text in the checkbox during the ordering process where customers confirm the terms and conditions. It must be ensured that this text is only displayed if the payment method Klarna has been selected.
[ ] I agree to the transmission of the data required for processing the invoice purchase and for identity and credit checks 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 retailer apply
2. Necessary changes to your online presence when integrating the payment method invoice purchase via payment service provider Klarna (Klarna invoice)
During the ordering process:
Please insert the following consent text in the checkbox during the ordering process where customers confirm the terms and conditions. It must be ensured that this text is only displayed if the payment method Klarna has been selected.
"[ ] I agree to the transmission of the data required for processing the invoice purchase and for 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 retailer apply
- Please additionally include the note, if applicable, 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 invoice purchase
F. Instructions on Delivery Deadlines
You are obliged to inform the consumer about the duration, start, and end of the delivery period within which the consumer can in any case expect to receive the goods.
For this, 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 at most 5 days*
or
Delivery time up to 5 days*
If you also offer express shipping, indicate the changed delivery times
Example:
Delivery time: Standard at most 5 days, Express in 1 day*
2. Add a resolution of the asterisk note in the footer of each offer page. Here you clarify for which countries the specified delivery times apply, and link to the new page for delivery deadlines
Example:
For deliveries to Germany. Delivery times for other countries and information on calculating the delivery date can be found here
3. Indicate the maximum additional delivery times for other countries on a separate information page.
The most sensible approach is a table indicating the additional delivery time that applies to other countries. In case of doubt, it is better to specify a period that is too long rather than too short.
Example:
Information about delivery times
In the following table, you will find the delivery times for shipping to other countries, which you must add to the delivery time specified for the respective item.
country | Additional maximum duration in days
Austria | 2
Switzerland | 3
Italy | 5
etc.
4.
For orders of multiple items, it depends on whether you ship the items together in one shipment or in multiple shipments (partial deliveries) depending on availability.
Example:
Joint broadcast:
Information about delivery times
In the following table, you will find the delivery times for shipping to other countries, which you must add to the delivery time specified for the respective item.
country | Additional maximum duration in days
Austria | 2
Switzerland | 3
Italy | 5
etc.
If you order multiple items from us as part of an order that have different delivery times, we will ship the goods in a single 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 entire shipment.
Partial delivery (without additional shipping costs):
Information about delivery times
In the following table, you will find the delivery times for shipping to other countries, which you must add to the delivery time specified for the respective item.
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 that have different delivery times, we will ship the goods in multiple partial shipments depending on availability, with the delivery times specified for each respective item applying. No additional shipping costs will be incurred.
5. Then please attach the following declaration regarding the calculation of the (latest) delivery date:
Information on the calculation of the delivery date
The delivery period begins on the day after the payment order is issued to the remitting credit institution in the case of payment in advance, or on the day after the contract is concluded for other payment methods, and ends at the end of the last day of the period. If the last day of the period falls on a Saturday, Sunday, or a public holiday officially recognized at the place of delivery, the next working day shall take the place of such a day.
or, if your shipping company also delivers on Saturdays:
Information on the calculation of the delivery date
The delivery period begins on the day after the payment order is issued to the transferring credit institution in the case of payment in advance, or on the day after the contract is concluded for other payment methods, and ends at the end of the last day of the period. If the last day of the period falls on a Sunday or a public holiday officially recognized at the place of delivery, the next working day shall take the place of such a day.
G. Instructions for changes to your online presence when 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 delivery with the customers:
1. Instructions for changes to your online presence when customer email addresses are to be passed on to the parcel service provider DHL for the purpose of delivery coordination with the customers:
Change within the scope of the shop order process:
You may only pass on the email address collected from the customer to a third party (here DHL) if you have obtained the explicit consent of the affected customer to share their email address!
This consent from the customer can be achieved through a corresponding declaration text, which the customer explicitly confirms during the ordering process in your online shop by ticking an opt-in checkbox.
- Please therefore include the following consent text (including checkbox) in the ordering process:
[ ] I agree that my email address or my phone number may be provided to
is passed on to DHL (Deutsche Post AG, Charles-de-Gaulle-Straße 20, 53113 Bonn) so that DHL can coordinate a delivery date by email or phone before delivering the goods
"Contact me or transmit status information about the delivery of the shipment. I can revoke my consent given in this regard at any time."
Please note that the checkbox must not be pre-checked! Reason: The customer must give their consent to the sharing of their email address voluntarily and independently!
2. Instructions for 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 delivery with the customers:
Change within the scope of the shop order process:
You may only pass on the email address collected from the customer to a third party (here GLS) if you have obtained the explicit consent of the affected customer to share their email address!
This consent from the customer can be achieved through a corresponding declaration text, which the customer explicitly confirms during the ordering process in your online shop by ticking an opt-in checkbox.
-Please therefore include the following consent text (including checkbox) in the ordering process:
[ ] I agree that my email address or my phone number
is passed on 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 phone before the delivery of the goods for the purpose of coordinating a delivery date or provide status information about the shipment delivery. I can revoke my consent given in this regard at any time.
Please note that the checkbox must not be pre-checked! Reason: The customer must give their consent to the sharing of their email address voluntarily and independently!
3. Instructions for changes to your online presence when customers' email addresses are to be passed on to the parcel service provider UPS for the purpose of coordinating delivery with customers or transmitting status information of the delivery shipment
Change within the scope of the shop order process:
You may only pass on the email address collected from the customer to a third party (here UPS) if you have obtained the explicit consent of the affected customer to share their email address!
This consent from the customer can be achieved through a corresponding declaration text, which the customer explicitly confirms during the ordering process in your online shop by ticking an opt-in checkbox.
- Please therefore include the following consent text (including checkbox) 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 phone before the delivery of the goods to arrange a delivery appointment or provide status information about the shipment delivery. I can revoke my consent at any time; please contact us using the contact details provided in the imprint.
Please note that the checkbox must not be pre-checked! Reason: The customer must give their consent to the sharing of their email address voluntarily and independently!
4. Instructions for 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 delivery with the customers:
Change within the scope of the shop order process: You may only pass on the email address collected from the customer to a third party (here DPD) if you have obtained the explicit consent of the affected customer to the disclosure of their email address!
This consent from the customer can be achieved through a corresponding declaration text, which the customer explicitly confirms during the ordering process in your online shop by ticking an opt-in checkbox.
Please therefore include the following consent text (including checkbox) in the ordering process:
[ ] I agree that my email address and my phone number will be passed on to DPD (DPD Deutschland GmbH, Wailandtstraße 1, 63741 Aschaffenburg) so that DPD can contact me by email or phone before the delivery of the goods to coordinate a delivery date or provide status information about the shipment delivery. I can revoke my consent given in this regard at any time.
Please note that the checkbox must not be pre-checked! Reason: The customer must give their consent to the sharing of their email address voluntarily and independently!
5. Instructions for changes to your online presence when customers' email addresses are to be passed on to the parcel service provider Hermes for the purpose of coordinating delivery with the customers or for transmitting status information of the delivery shipment:
Change within the scope of the shop order process:
You may only pass on the email address collected from the customer to a third party (here Hermes) if you have obtained the explicit consent of the affected customer to share their email address!
This consent from the customer can be achieved through a corresponding declaration text, which the customer explicitly confirms during the ordering process in your online shop by ticking an opt-in checkbox.
Please therefore include the following consent text (including checkbox) in the ordering process:
[ ] I agree that my email address and/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 phone before the delivery of the goods to arrange a delivery appointment or provide status information about the shipment delivery. I can revoke my consent given in this regard at any time.
Please note that the checkbox must not be pre-checked! Reason: The customer must give their consent to the sharing of their email address voluntarily and independently!
H. Instructions for Information on Battery Disposal
You have indicated with us that you do not sell products with 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 for data protection in general
1. Integration
2. Advertising with newsletters
3. Use of Google Analytics
4. Consent declaration for the use of 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 invoice purchase via payment service provider Klarna (Klarna invoice)
F. Instructions on Delivery Deadlines
G. Instructions for changes to your online presence when 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 delivery with the customers:
1. Instructions for changes to your online presence when customer email addresses are to be passed on to the parcel service provider DHL for the purpose of delivery coordination with the customers:
2. Instructions for 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 delivery with the customers:
3. Instructions for changes to your online presence when customers' email addresses are to be passed on to the parcel service provider UPS for the purpose of coordinating delivery with customers or transmitting status information of the delivery shipment
4. Instructions for 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 delivery with the customers:
5. Instructions for changes to your online presence when customers' email addresses are to be passed on to the parcel service provider Hermes for the purpose of coordinating delivery with the customers or for transmitting status information of the delivery shipment:
H. Instructions for Information on Battery Disposal
General
Make sure to always copy all paragraphs.
Please note that you must always store the legal texts we provide for a specific online presence (e.g., cancellation policy, terms and conditions with customer information) completely and together on the respective online presence. If you omit parts of the texts we provide for a specific online presence or entire texts, legal certainty of the remaining texts or text parts can no longer be guaranteed. In this case, Protected Shops assumes no liability for any damages that may arise for you as a result.
A. Instructions for the EU Commission's Online Dispute Resolution Platform
As we explain to you here in detail, since 09.01.2016 you must include a link to the EU Commission's online dispute resolution platform.
We have included the relevant information both in your imprint and in 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 it definitively.
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 GTC with customer information:
These terms and conditions with customer information are exclusively designed for your own online shop and may only be used in connection with contracts for goods deliveries. Therefore, they can be used by entrepreneurs who sell goods to consumers through their own online shop. However, these terms and conditions with customer information are not suitable for contracts for services (which include rental, work, business management, brokerage, partnership mediation, or travel mediation contracts). These terms and conditions with customer information must not be used for internet platforms such as eBay, Amazon, or other platforms (risk of warning letters!). Please ensure that you do not use other (and thus contradictory) terms and conditions in your online shop. You must provide these terms and conditions with customer information to your customers additionally in text form (email, fax, or letter). We recommend incorporating these terms and conditions with customer information into the initial contact email that you send to the customer after receiving the order. Additionally, they can be attached for evidentiary purposes of the goods delivery (for example, on the back of the invoice). The terms and conditions with customer information should be used in the online shop under a separate button "AGB & Kundeninfo".
Attention: Before publishing these terms and conditions with customer information, you should carefully check whether they might contradict a cease-and-desist declaration you have previously made! Are you unsure? Seek legal advice!
C. Instructions for your privacy policy and for data protection in general
1. Integration
Please include the privacy policy under a separate button labeled "Privacy Policy"
2. Advertising with newsletters
With the explicit consent of the customer (= customer's registration for the newsletter)
This privacy policy takes into account the use of the customer's email address for advertising purposes via newsletter, which generally requires the customer's explicit consent. For such consent, it is not sufficient to merely inform the customer of this privacy policy. Rather, the customer must explicitly declare during the ordering process or when subscribing to the newsletter in your online shop that they agree to the use of their email address for such purposes.
This can be accomplished through an appropriate explanatory text, which the customer explicitly confirms, for example, during the ordering process by ticking an opt-in checkbox or by pressing an order button as part of the newsletter subscription. The explanatory text must specify which products or services of which companies the consent specifically covers.
A suitable formulation for this is:
"Please send me information about the following product range regularly in accordance with your privacy policy [ALTERNATIVELY: every [X] weeks] and revocably at any time by e-mail: [LIST OF THE PRODUCT GROUPS YOU DISTRIBUTE]"
If you offer the sending of a newsletter and therefore adopt the sections on the newsletter contained under item 1 of this privacy policy, you must ensure that the customer can give their explicit consent. Please note that only the so-called "Double Opt-In" method is legally suitable to obtain the recipient's consent in a verifiable manner.
2.1. Such explicit consent for sending newsletters is only not required if the conditions of § 7 para. 3 UWG are met. This is the case when
- You have received your customer's email address in connection with the sale of a good or service and
- You use this email address exclusively for advertising your own similar goods or services and
- the customer has not objected to this use and
- the customer was clearly informed already at the time of collecting the address and at each use that they can object to the use at any time without incurring any costs other than the transmission costs according to the basic tariffs.
You must clearly and explicitly inform the customer during the collection of their data (= during the ordering process) that they can object to the use of their email address for sending newsletters at any time. Therefore, please insert the following suggested wording clearly legible into the ordering process:
"We use your email address, in addition to contract processing, 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 inform us by email at the following address: « Please insert your email address here » or click on the link « please insert the name of the link here, e.g., 'Unsubscribe' » at the end of the newsletter."
Danger:
You must inform the customer of the possibility to object to the use of their data for your own advertising purposes every time their email address is used. 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 our 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 inform us either by email at the following address: « Please insert your email address here » or click on the link « Please insert the name of the link here, e.g., "Unsubscribe" » at the end of the newsletter.
We always advise, as a precaution, to obtain explicit consent for sending email newsletters and to refrain from sending newsletters without consent.
3. Use of Google Analytics
Please always use Google Analytics with the "_anonymizeIP()" code function.
You can find more information about this here:
https://support.google.com/analytics/answer/2763052?hl=de
Please definitely note the following instructions for ensuring the functionality of the objection link (opt-out cookie) within the Google Analytics privacy clause:- Embedding the necessary command sequence (script)To enable the user to object independently of the installation of the browser add-on, a mechanism must be implemented using a specific JavaScript 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 disables tracking if detected.
It is important that this JavaScript code is always embedded before the actual analytics code in the source code of the respective website!
- The script is as follows:
- Note:
'UA-XXXXXX-Y' should be replaced with your individually assigned tracking code from Google. Google also provides instructions for programmatically disabling tracking at the link https://developers.google.com/analytics/devguides/collection/gajs/?hl=de#disable
ready.
- Attention: The script must be embedded on every (!) page where a "Google Analytics" tracking code is implemented! Otherwise, on these pages, the presence of the "opt-out cookie" to be activated by the user, which stops the data flow, will not be checked.
If you use Google Analytics, the data processing operations carried out by Google in this context constitute processing on your behalf according to Art. 28 GDPR. Therefore, you are required to conclude a data processing agreement with Google. Google provides this here:
https://static.googleusercontent.com/media/www.google.com/de//analytics/terms/de.pdf
a form is provided, which must be filled out and sent to the company.
Note: Be sure to keep a copy of the contract for evidentiary purposes.
4. Consent declaration for the use of Facebook's conversion tracking technology ("Facebook Pixel")
Since the use of Facebook's conversion tracking technology very likely involves linking user data from external websites with Facebook user profile data, obtaining user consent is required before loading the corresponding "Facebook Pixel" code on your site!
It should be noted that users must be informed about the use of conversion tracking and must consent to it before the corresponding tracking code is implemented.
This either requires that the code is dynamically reloaded or that a page reload occurs. We recommend integrating the instruction and consent request through a corresponding pop-up or banner on the provider's site, which is dynamically reloaded after the user's consent or initiates a page reload and only then executes the cookie.
The requirement for explicit consent can be fulfilled via a "consent button" within the popup or banner.
It is important that the user is informed about the specific procedure of conversion tracking as part of their consent declaration. It is possible to either integrate the information into the pop-up or banner, or include it in the privacy policy, which must then be referenced again in the pop-up or banner.
In our opinion, referring to the privacy policy is preferable, as a complete instruction would unnecessarily enlarge the dimensions of the pop-up window or banner and is also likely to confuse the user due to an excess of text and information.
We recommend designing the pop-up or banner as follows:
"This website uses the Facebook Pixel from Facebook for statistical purposes. With the help of a cookie, it can be tracked how our marketing measures on Facebook are received and improved. We would be very pleased with your consent herewith. Information about the 'Facebook Pixel', cookies, and your right to object can be found in our privacy policy [-> link to own privacy policy]."
Within the pop-up or banner, below the aforementioned text, there is additionally 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 feature exclusively in the so-called enhanced privacy mode!
In the so-called extended privacy mode, framing codes are generated for YouTube videos that - according to YouTube itself - link cookie activity and the data collection initiated by it only to the use of the video's playback function itself. This ensures that data collection through mere use of the website with content framed by YouTube videos is prevented. Against this background, concerns regarding the data protection-compliant use of YouTube videos on one's own site are at least reduced.
Creating an embed link in enhanced privacy mode:
1.) To generate the embed link based on the enhanced privacy mode, first click on "Share" below the desired video on YouTube, and then click on "Embed."
2.) Instead of copying the displayed link, the field labeled "Show more" below the code should be selected.
3.) A window with additional options will be rolled out below, from which the one titled "Enable enhanced privacy mode" at the bottom edge is to be selected by ticking the checkbox. Then, the website www.youtube.com displayed in the original HTML code changes to the URL www.youtube-nocookie.com.
The adoption of this link ensures that cookies are only set when the embedded video is played by the user.
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 at the beginning of the page visit via a clearly visible banner/bar at the top or bottom edge of the website about the use of cookies by the website and be informed that the website operator assumes the user's consent if the user continues to use the website thereafter.
This website uses cookies to analyze website traffic/marketing activities.
By continuing to use the website, you agree to this use.
Information about cookies and your right to object
The passage "Informationen zu Cookies und Ihre Widerspruchsmöglichkeit" must then be linked to the privacy policy.
7. Instructions for Using Facebook Connect / Facebook Login
With Facebook Connect, users can log into the online shop using their Facebook account.
Notice
Warning: The use of Facebook Connect is legally controversial; a clearly permissible data protection-compliant use of Facebook Connect is currently not possible, leaving a residual risk when using this Single Sign-On procedure.
A solution that minimizes legal risk would be the implementation of 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) checkbox could look as follows:
"I agree that data will be automatically transmitted to and used by the site operator through Facebook Connect. This concerns my profile details marked as public on Facebook, such as salutation, 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 specified in the imprint."
Notes :
The above consent must be placed in close proximity to the Facebook Connect button, and the Facebook Connect function must not be executable as long as consent has not yet been given. In addition, the word "Privacy Policy" in the above consent clause should be linked to the page where the privacy policy can be accessed. The obtaining of consent must be logged and stored. However, whether this procedure would withstand a court proceeding cannot be predicted with absolute certainty based on the current state of case law; if you want to act with complete 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 commerce for the delivery of goods.
This cancellation policy is not suitable for contracts with the following contents:
• Contracts for the sale of land or land-equivalent rights
• Contracts for services (which include, for example, rental, work, business management, brokerage, partnership mediation, or travel mediation contracts)
• Contracts for the supply of water, electricity, gas (with unlimited volume or unlimited quantity) or district heating
• Contracts for the supply of digital content that is not delivered on a physical data carrier
• Subscription contracts
• Purchase on trial basis within the meaning of § 454 BGB.
You must additionally provide your customers with the cancellation policy along with the cancellation form in text form (email, fax, or letter). We recommend including the cancellation policy in the initial contact email that you send to the customer after receiving the order. Additionally, it can be attached for proof of goods delivery (for example, on the back of the invoice) (optional).
Attention: Before publishing this cancellation policy, you should carefully check whether it might contradict a cease-and-desist declaration you have previously made! Are you unsure? Seek 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)
During the ordering process:
Please insert the following consent text in the checkbox during the ordering process where customers confirm the terms and conditions. It must be ensured that this text is only displayed if the payment method Klarna has been selected.
[ ] I agree to the transmission of the data required for processing the invoice purchase and for identity and credit checks 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 retailer apply
2. Necessary changes to your online presence when integrating the payment method invoice purchase via payment service provider Klarna (Klarna invoice)
During the ordering process:
Please insert the following consent text in the checkbox during the ordering process where customers confirm the terms and conditions. It must be ensured that this text is only displayed if the payment method Klarna has been selected.
"[ ] I agree to the transmission of the data required for processing the invoice purchase and for 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 retailer apply
- Please additionally include the note, if applicable, 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 invoice purchase
F. Instructions on Delivery Deadlines
You are obliged to inform the consumer about the duration, start, and end of the delivery period within which the consumer can in any case expect to receive the goods.
For this, 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 at most 5 days*
or
Delivery time up to 5 days*
If you also offer express shipping, indicate the changed delivery times
Example:
Delivery time: Standard at most 5 days, Express in 1 day*
2. Add a resolution of the asterisk note in the footer of each offer page. Here you clarify for which countries the specified delivery times apply, and link to the new page for delivery deadlines
Example:
For deliveries to Germany. Delivery times for other countries and information on calculating the delivery date can be found here
3. Indicate the maximum additional delivery times for other countries on a separate information page.
The most sensible approach is a table indicating the additional delivery time that applies to other countries. In case of doubt, it is better to specify a period that is too long rather than too short.
Example:
Information about delivery times
In the following table, you will find the delivery times for shipping to other countries, which you must add to the delivery time specified for the respective item.
country | Additional maximum duration in days
Austria | 2
Switzerland | 3
Italy | 5
etc.
4.
For orders of multiple items, it depends on whether you ship the items together in one shipment or in multiple shipments (partial deliveries) depending on availability.
Example:
Joint broadcast:
Information about delivery times
In the following table, you will find the delivery times for shipping to other countries, which you must add to the delivery time specified for the respective item.
country | Additional maximum duration in days
Austria | 2
Switzerland | 3
Italy | 5
etc.
If you order multiple items from us as part of an order that have different delivery times, we will ship the goods in a single 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 entire shipment.
Partial delivery (without additional shipping costs):
Information about delivery times
In the following table, you will find the delivery times for shipping to other countries, which you must add to the delivery time specified for the respective item.
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 that have different delivery times, we will ship the goods in multiple partial shipments depending on availability, with the delivery times specified for each respective item applying. No additional shipping costs will be incurred.
5. Then please attach the following declaration regarding the calculation of the (latest) delivery date:
Information on the calculation of the delivery date
The delivery period begins on the day after the payment order is issued to the remitting credit institution in the case of payment in advance, or on the day after the contract is concluded for other payment methods, and ends at the end of the last day of the period. If the last day of the period falls on a Saturday, Sunday, or a public holiday officially recognized at the place of delivery, the next working day shall take the place of such a day.
or, if your shipping company also delivers on Saturdays:
Information on the calculation of the delivery date
The delivery period begins on the day after the payment order is issued to the transferring credit institution in the case of payment in advance, or on the day after the contract is concluded for other payment methods, and ends at the end of the last day of the period. If the last day of the period falls on a Sunday or a public holiday officially recognized at the place of delivery, the next working day shall take the place of such a day.
G. Instructions for changes to your online presence when 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 delivery with the customers:
1. Instructions for changes to your online presence when customer email addresses are to be passed on to the parcel service provider DHL for the purpose of delivery coordination with the customers:
Change within the scope of the shop order process:
You may only pass on the email address collected from the customer to a third party (here DHL) if you have obtained the explicit consent of the affected customer to share their email address!
This consent from the customer can be achieved through a corresponding declaration text, which the customer explicitly confirms during the ordering process in your online shop by ticking an opt-in checkbox.
- Please therefore include the following consent text (including checkbox) in the ordering process:
[ ] I agree that my email address or my phone number may be provided to
is passed on to DHL (Deutsche Post AG, Charles-de-Gaulle-Straße 20, 53113 Bonn) so that DHL can coordinate a delivery date by email or phone before delivering the goods
"Contact me or transmit status information about the delivery of the shipment. I can revoke my consent given in this regard at any time."
Please note that the checkbox must not be pre-checked! Reason: The customer must give their consent to the sharing of their email address voluntarily and independently!
2. Instructions for 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 delivery with the customers:
Change within the scope of the shop order process:
You may only pass on the email address collected from the customer to a third party (here GLS) if you have obtained the explicit consent of the affected customer to share their email address!
This consent from the customer can be achieved through a corresponding declaration text, which the customer explicitly confirms during the ordering process in your online shop by ticking an opt-in checkbox.
-Please therefore include the following consent text (including checkbox) in the ordering process:
[ ] I agree that my email address or my phone number
is passed on 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 phone before the delivery of the goods for the purpose of coordinating a delivery date or provide status information about the shipment delivery. I can revoke my consent given in this regard at any time.
Please note that the checkbox must not be pre-checked! Reason: The customer must give their consent to the sharing of their email address voluntarily and independently!
3. Instructions for changes to your online presence when customers' email addresses are to be passed on to the parcel service provider UPS for the purpose of coordinating delivery with customers or transmitting status information of the delivery shipment
Change within the scope of the shop order process:
You may only pass on the email address collected from the customer to a third party (here UPS) if you have obtained the explicit consent of the affected customer to share their email address!
This consent from the customer can be achieved through a corresponding declaration text, which the customer explicitly confirms during the ordering process in your online shop by ticking an opt-in checkbox.
- Please therefore include the following consent text (including checkbox) 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 phone before the delivery of the goods to arrange a delivery appointment or provide status information about the shipment delivery. I can revoke my consent at any time; please contact us using the contact details provided in the imprint.
Please note that the checkbox must not be pre-checked! Reason: The customer must give their consent to the sharing of their email address voluntarily and independently!
4. Instructions for 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 delivery with the customers:
Change within the scope of the shop order process: You may only pass on the email address collected from the customer to a third party (here DPD) if you have obtained the explicit consent of the affected customer to the disclosure of their email address!
This consent from the customer can be achieved through a corresponding declaration text, which the customer explicitly confirms during the ordering process in your online shop by ticking an opt-in checkbox.
Please therefore include the following consent text (including checkbox) in the ordering process:
[ ] I agree that my email address and my phone number will be passed on to DPD (DPD Deutschland GmbH, Wailandtstraße 1, 63741 Aschaffenburg) so that DPD can contact me by email or phone before the delivery of the goods to coordinate a delivery date or provide status information about the shipment delivery. I can revoke my consent given in this regard at any time.
Please note that the checkbox must not be pre-checked! Reason: The customer must give their consent to the sharing of their email address voluntarily and independently!
5. Instructions for changes to your online presence when customers' email addresses are to be passed on to the parcel service provider Hermes for the purpose of coordinating delivery with the customers or for transmitting status information of the delivery shipment:
Change within the scope of the shop order process:
You may only pass on the email address collected from the customer to a third party (here Hermes) if you have obtained the explicit consent of the affected customer to share their email address!
This consent from the customer can be achieved through a corresponding declaration text, which the customer explicitly confirms during the ordering process in your online shop by ticking an opt-in checkbox.
Please therefore include the following consent text (including checkbox) in the ordering process:
[ ] I agree that my email address and/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 phone before the delivery of the goods to arrange a delivery appointment or provide status information about the shipment delivery. I can revoke my consent given in this regard at any time.
Please note that the checkbox must not be pre-checked! Reason: The customer must give their consent to the sharing of their email address voluntarily and independently!
H. Instructions for Information on Battery Disposal
You have indicated with us that you do not sell products with batteries or batteries themselves.