Instructions for using your legal texts and payment methods
Instructions for the Use of Your Legal Texts and 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 Cookies for Advertising, Tracking, and Analysis Purposes
D. Instructions for Your Right of Withdrawal Information
E. Instructions for Your Payment Methods
F. Instructions for Delivery Times
G. Instructions for Changes to Your Online Presence if Customer Email Addresses are to be Shared with one of the Parcel Service Providers DHL, GLS, UPS, DPD, or Hermes for the Purpose of Delivery Coordination with Customers:
H. Instructions for Battery Disposal Information
I. Attention to Advertising with Guarantees!
J. Template for Guarantee Conditions
1. Introduction
2. Guarantee Condition
K. Sale of Defective Goods
1. Sale of Defective Goods
General
Please make sure to always use the legal texts completely and omit nothing. Do not add anything, especially not without consultation.
If you omit, add, or change individual parts, Protected Shops assumes no liability for any resulting damages.
A. Instructions for the EU Commission's Online Dispute Resolution Platform
As you could already read at <url>https://www.protectedshops.de/infothek/whitepaper/verbraucherstreitbeilegung-neue-pflichten-fuer-onlinehaendler-ab-01-02-2017
you must provide a link to the EU Commission's online dispute resolution platform since January 9, 2016.
The link must be clickable.
How this is to be implemented may differ from shop system to shop system.
Therefore, we cannot provide technical instructions here.
The normal HTML command would be:
http://ec.europa.eu/consumers/odr
B. Instructions for Your General Terms and Conditions
These General Terms and Conditions (GTC) with customer information are exclusively created and designed for your own online shop (webshop). They may only be used for contracts concerning delivery of goods.
These GTC with customer information are not applicable to contracts for services (such as rental, work, business agency, brokerage, dating agency, or travel agency contracts)!
They may also not be used for internet platforms such as eBay, Amazon, or other platforms, as there would otherwise be a significant risk of warning letters.
You must provide these GTC with customer information to your customers additionally in text form (email, fax, or letter).
This can best be done in the initial contact email that you send to the customer after receipt of the order.
An additional sending with the goods (e.g., on the back of the invoice) can also be done.
The GTC with customer information should be stored in the online shop under a separate link "GTC & Customer Information."
Before publishing these GTC with customer information, check whether they contradict any cease and desist declaration you may have submitted in the past. In case of doubt, seek legal advice.
C. Instructions for Your Privacy Policy and Data Protection in General
1. Integration
Please integrate the privacy policy under a separate link "Privacy Policy."
2. Advertising with Newsletters
With explicit consent of the customer (= customer's subscription to the newsletter)
Note that it is not sufficient to merely provide your customer with this privacy policy for consent to receive the newsletter. The customer must explicitly declare at some point that they agree to the use of their email address for such purposes.
This usually happens via a checkbox that is integrated into the ordering process or separately.
The explanatory text must clearly state which products or services of which companies the consent specifically covers.
You can use the following sentence for this:
"Please send me regular information about the following product range by email, in accordance with your privacy policy (revocable at any time): [LIST OF PRODUCT GROUPS DISTRIBUTED BY YOU]"
Please note that only the "Double Opt-In" method is legally suitable to verifiably obtain the recipient's consent. Send newsletters only after your customer has confirmed the Double Opt-In!
3. Use of Cookies for Advertising, Tracking, and Analysis Purposes
If you use cookies for advertising, tracking, and analysis purposes, the website visitor must be informed about the use of cookies by the website via a clearly visible banner/bar at the top or bottom of the webpage at the beginning of the page call, and informed that the website operator assumes the user's consent if they continue to use the website.
"This website uses cookies for website access/marketing analysis.
By continuing to use the website, you agree to this use.
Information on cookies and your objection option"
The passage "Information on cookies and your objection option" must then be linked to the privacy policy.
D. Instructions for Your Right of Withdrawal Information
The right of withdrawal information may only be used in connection with a distance contract in electronic commerce for the delivery of goods.
However, this right of withdrawal information is not suitable for contracts with the following contents:
• Contracts for the sale of land or rights equivalent to land
• Contracts for services (including rental, work, business agency, brokerage, dating agency, or travel agency contracts)
• Contracts for the supply of water, electricity, gas (not limited by volume or quantity) or district heating
• Contracts for the supply of digital content not supplied on a tangible medium
• Subscription contracts
• Purchase on trial within the meaning of Section 454 of the German Civil Code (BGB).
You must also send your customers the right of withdrawal information and the withdrawal form in text form (email, fax, or letter). We recommend that you include the right of withdrawal information in the initial contact email that you send to the customer after receipt of the order. Additionally, it can be attached to the goods delivery (e.g., on the back of the invoice) for evidentiary purposes (optional).
Caution: Before publishing this right of withdrawal information, you should carefully check whether it might contradict a cease and desist declaration you have previously issued! Are you unsure? Seek legal advice!
E. Instructions for Your Payment Methods
No specific actions are required for the payment methods you have specified.
F. Instructions for Delivery Times
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.
We recommend the following procedure:
1. Please state 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 clarification of the asterisk note to the footer of each offer page. Here, clarify for which countries the indicated delivery times apply and link to the new page for delivery times.
Example:
"For deliveries within 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.
A table is most useful, on which you indicate the additional delivery time that applies to other countries. In case of doubt, it is better to state a period that is too long rather than too short.
Example:
Information on delivery times
In the table below you will find the delivery times for shipping to other countries, which you must add to the delivery time indicated for the respective item.
Country | Additional maximum duration in days
Austria | 2
Switzerland | 3
Italy | 5
etc.
4.
For orders of several items, it depends on whether you ship the items, depending on availability, either in a single shipment or in several shipments (partial deliveries).
Example:
Joint shipment:
Information on 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 indicated for the respective item.
Country | Additional maximum duration in days
Austria | 2
Switzerland | 3
Italy | 5
etc.
If you order several items from us within one order for which different delivery times apply, 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 on 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 indicated for the respective item.
Country | Additional maximum duration in days
Austria | 2
Switzerland | 3
Italy | 5
etc.
If you order several items from us within one order for which different delivery times apply, we will ship the goods in several partial shipments, depending on availability, for which the delivery times specified for the respective item apply. No additional shipping costs will be incurred.
5. Then please append the following explanation for calculating the (latest) delivery date:
Information on calculating the delivery date
For payments in advance, the delivery period begins on the day after the payment order is issued to the transferring credit institution; for other payment methods, it begins on the day after the contract is concluded and ends with 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 shall take the place of such a day.
or, if your shipping company also delivers on Saturdays:
Information on calculating the delivery date
For payments in advance, the delivery period begins on the day after the payment order is issued to the transferring credit institution; for other payment methods, it begins on the day after the contract is concluded 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 shall take the place of such a day.
G. Instructions for Changes to Your Online Presence if Customer Email Addresses are to be Shared with one of the Parcel Service Providers DHL, GLS, UPS, DPD, or Hermes for the Purpose of Delivery Coordination with Customers:
You have indicated to us that you do not provide email addresses to shipping service providers for order processing.
H. Instructions for Battery Disposal Information
You have indicated to us that you do not sell products with batteries or batteries themselves.
I. Attention to Advertising with Guarantees!
As of January 1, 2022, the guarantee declaration must be provided to the customer (consumer) not only on the website but also, at the latest, upon delivery of the ordered goods (to which the guarantee applies) on a durable medium (e.g., via email), even if the consumer has not requested it. Displaying it solely on the website is no longer sufficient.
If the guarantee declaration cannot be displayed on the product page, the specific product to which the declaration refers must be evident from the declaration.
Currently, warning letters are also being issued if manufacturer guarantees exist and are not addressed.
Although it has not yet been fully clarified legally whether this is necessary, to prevent warning letters in this regard, information about the guarantee would indeed have to be provided at least for products for which the existence of a manufacturer guarantee is obvious.
The manufacturer's guarantee should offer the following information:
However, if the manufacturer's details do not meet legal requirements, this would mean adopting them as one's own, which also entails a risk of warning letters.
J. Sample Warranty Terms
1. Introduction
IMPORTANT
Please understand that due to the high individuality of manufacturer warranties, we cannot provide fixed warranty terms in this format.
We offer you a sample of what such warranty terms could look like below.
However, this cannot be used as-is but must be reconciled with the respective manufacturer's warranty.
Each individual point may differ from the warranty granted by the manufacturer.
Therefore, we cannot assume liability for the sample provided in this format.
2. Warranty Terms
2.1. Sample Manufacturer's Warranty
The manufacturer XYZ GmbH provides a manufacturer's warranty for a period of 2 years from the invoice date for the goods advertised with the warranty promise. The warranty is valid geographically throughout Europe.
If material or manufacturing defects occur in the product within the warranty period, the manufacturer offers to repair the goods free of charge or to replace them with an equivalent item, at its discretion.
However, the warranty does not apply to damage resulting from wear and tear, normal consumption, improper handling, application of force, failure to observe the operating instructions, environmental influences, application of force, or attempted repairs by the user.
To claim the warranty, you must contact the manufacturer:
XYZ GmbH
Musterstrasse 123
12345 Musterstadt
Musterland
Email
Telephone
To claim the warranty service, the warrantor must be allowed to inspect the goods upon request. When sending in the goods, damage during transport must be avoided by appropriate packaging of the goods.
If the warrantor requests proof of purchase, it must be submitted. The warrantor may refuse the warranty service if no proof of purchase is submitted.
The name and current address of the seller must be communicated to the warrantor if these do not appear on the proof of purchase.
The handling of the warranty is freight-free for the buyer. Advanced shipping costs will be reimbursed by the warrantor. The warrantor also bears the costs of any necessary removal of the goods for the purpose of shipment.
This warranty applies in addition to the buyer's other rights.
The statutory rights of the buyer, in particular warranty or product liability, are not affected by this warranty. They apply without restriction alongside this warranty and can be claimed free of charge, regardless of whether a warranty case exists.
Sample Dealer's Warranty:
For the product offered, we provide a dealer's warranty (further information and details on the warranty can be found below!)
Warranty terms:
We grant you a dealer's warranty for a period of 3 years from the invoice date for the goods advertised with the warranty promise. The warranty is valid geographically throughout Germany.
If material or manufacturing defects occur in the product within the warranty period, we offer to repair the goods free of charge or to replace them with an equivalent item, at our discretion.
However, the warranty does not apply to damage resulting from wear and tear, normal consumption, improper handling, application of force, failure to observe the operating instructions, environmental influences, application of force, or attempted repairs by the user.
To claim the warranty, you must contact us as the warrantor:
(Enter your address here)
To claim the warranty service, we must be allowed to inspect the goods upon request. When sending in the goods, damage during transport must be avoided by appropriate packaging of the goods.
If we request proof of purchase, it must be submitted to us. We may refuse the warranty service if no proof of purchase is submitted to us.
The handling of the warranty is freight-free for the buyer. Advanced shipping costs will be reimbursed by us.
This warranty applies in addition to the buyer's other rights. The statutory rights of the buyer, in particular warranty or product liability, are not affected by this warranty. They apply without restriction alongside this warranty and can be claimed free of charge, regardless of whether a warranty case exists.
K. Sale of defective goods
1. Sale of defective goods
Sale of defective goods:
Note to customers:
1. Informing the customer
The buyer must be explicitly informed of the defect. Preferably by a notice that is graphically highlighted and spatially separated from the other product information.
2. Express agreement
There must be an express consent to the negative deviation in quality.
This can also be done by means of a checkbox:
a) Checkbox in the checkout
on the last page with the text:
"When purchasing "B-ware" or defective goods, I agree to and have taken note of the deviation from the objective requirements specified in the description of the goods."
It is important here that the order cannot be placed if the checkbox is not ticked. In the order summary on the last page, the defect must again be explicitly described as text.
Just like consent to receive newsletters, for example, this consent must be documented.
After the order, the customer must receive the contract content in text form, i.e., also here with an explicit description of the goods and the defect. The customer must also receive the text of their checkbox in text form.
b) Checkbox on the item itself
The checkbox can also be placed on the item page.
"I agree to and have taken note of the deviation of the goods from the objective requirements described here."
The customer must not be able to add the goods to the shopping cart (or not be able to order via quick order options such as PayPal Express) without ticking the checkbox.
Ensure that with this variant, the goods cannot be added to the shopping cart from another location in the shop.
Also here, the defect must be explicitly described in the order summary on the last checkout page. Likewise, the checkbox must be documented here and, as described under a), all texts must be sent to the customer by email.
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 Cookies for Advertising, Tracking, and Analysis Purposes
D. Instructions for Your Right of Withdrawal Information
E. Instructions for Your Payment Methods
F. Instructions for Delivery Times
G. Instructions for Changes to Your Online Presence if Customer Email Addresses are to be Shared with one of the Parcel Service Providers DHL, GLS, UPS, DPD, or Hermes for the Purpose of Delivery Coordination with Customers:
H. Instructions for Battery Disposal Information
I. Attention to Advertising with Guarantees!
J. Template for Guarantee Conditions
1. Introduction
2. Guarantee Condition
K. Sale of Defective Goods
1. Sale of Defective Goods
General
Please make sure to always use the legal texts completely and omit nothing. Do not add anything, especially not without consultation.
If you omit, add, or change individual parts, Protected Shops assumes no liability for any resulting damages.
A. Instructions for the EU Commission's Online Dispute Resolution Platform
As you could already read at <url>https://www.protectedshops.de/infothek/whitepaper/verbraucherstreitbeilegung-neue-pflichten-fuer-onlinehaendler-ab-01-02-2017
you must provide a link to the EU Commission's online dispute resolution platform since January 9, 2016.
The link must be clickable.
How this is to be implemented may differ from shop system to shop system.
Therefore, we cannot provide technical instructions here.
The normal HTML command would be:
http://ec.europa.eu/consumers/odr
B. Instructions for Your General Terms and Conditions
These General Terms and Conditions (GTC) with customer information are exclusively created and designed for your own online shop (webshop). They may only be used for contracts concerning delivery of goods.
These GTC with customer information are not applicable to contracts for services (such as rental, work, business agency, brokerage, dating agency, or travel agency contracts)!
They may also not be used for internet platforms such as eBay, Amazon, or other platforms, as there would otherwise be a significant risk of warning letters.
You must provide these GTC with customer information to your customers additionally in text form (email, fax, or letter).
This can best be done in the initial contact email that you send to the customer after receipt of the order.
An additional sending with the goods (e.g., on the back of the invoice) can also be done.
The GTC with customer information should be stored in the online shop under a separate link "GTC & Customer Information."
Before publishing these GTC with customer information, check whether they contradict any cease and desist declaration you may have submitted in the past. In case of doubt, seek legal advice.
C. Instructions for Your Privacy Policy and Data Protection in General
1. Integration
Please integrate the privacy policy under a separate link "Privacy Policy."
2. Advertising with Newsletters
With explicit consent of the customer (= customer's subscription to the newsletter)
Note that it is not sufficient to merely provide your customer with this privacy policy for consent to receive the newsletter. The customer must explicitly declare at some point that they agree to the use of their email address for such purposes.
This usually happens via a checkbox that is integrated into the ordering process or separately.
The explanatory text must clearly state which products or services of which companies the consent specifically covers.
You can use the following sentence for this:
"Please send me regular information about the following product range by email, in accordance with your privacy policy (revocable at any time): [LIST OF PRODUCT GROUPS DISTRIBUTED BY YOU]"
Please note that only the "Double Opt-In" method is legally suitable to verifiably obtain the recipient's consent. Send newsletters only after your customer has confirmed the Double Opt-In!
3. Use of Cookies for Advertising, Tracking, and Analysis Purposes
If you use cookies for advertising, tracking, and analysis purposes, the website visitor must be informed about the use of cookies by the website via a clearly visible banner/bar at the top or bottom of the webpage at the beginning of the page call, and informed that the website operator assumes the user's consent if they continue to use the website.
"This website uses cookies for website access/marketing analysis.
By continuing to use the website, you agree to this use.
Information on cookies and your objection option"
The passage "Information on cookies and your objection option" must then be linked to the privacy policy.
D. Instructions for Your Right of Withdrawal Information
The right of withdrawal information may only be used in connection with a distance contract in electronic commerce for the delivery of goods.
However, this right of withdrawal information is not suitable for contracts with the following contents:
• Contracts for the sale of land or rights equivalent to land
• Contracts for services (including rental, work, business agency, brokerage, dating agency, or travel agency contracts)
• Contracts for the supply of water, electricity, gas (not limited by volume or quantity) or district heating
• Contracts for the supply of digital content not supplied on a tangible medium
• Subscription contracts
• Purchase on trial within the meaning of Section 454 of the German Civil Code (BGB).
You must also send your customers the right of withdrawal information and the withdrawal form in text form (email, fax, or letter). We recommend that you include the right of withdrawal information in the initial contact email that you send to the customer after receipt of the order. Additionally, it can be attached to the goods delivery (e.g., on the back of the invoice) for evidentiary purposes (optional).
Caution: Before publishing this right of withdrawal information, you should carefully check whether it might contradict a cease and desist declaration you have previously issued! Are you unsure? Seek legal advice!
E. Instructions for Your Payment Methods
No specific actions are required for the payment methods you have specified.
F. Instructions for Delivery Times
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.
We recommend the following procedure:
1. Please state 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 clarification of the asterisk note to the footer of each offer page. Here, clarify for which countries the indicated delivery times apply and link to the new page for delivery times.
Example:
"For deliveries within 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.
A table is most useful, on which you indicate the additional delivery time that applies to other countries. In case of doubt, it is better to state a period that is too long rather than too short.
Example:
Information on delivery times
In the table below you will find the delivery times for shipping to other countries, which you must add to the delivery time indicated for the respective item.
Country | Additional maximum duration in days
Austria | 2
Switzerland | 3
Italy | 5
etc.
4.
For orders of several items, it depends on whether you ship the items, depending on availability, either in a single shipment or in several shipments (partial deliveries).
Example:
Joint shipment:
Information on 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 indicated for the respective item.
Country | Additional maximum duration in days
Austria | 2
Switzerland | 3
Italy | 5
etc.
If you order several items from us within one order for which different delivery times apply, 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 on 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 indicated for the respective item.
Country | Additional maximum duration in days
Austria | 2
Switzerland | 3
Italy | 5
etc.
If you order several items from us within one order for which different delivery times apply, we will ship the goods in several partial shipments, depending on availability, for which the delivery times specified for the respective item apply. No additional shipping costs will be incurred.
5. Then please append the following explanation for calculating the (latest) delivery date:
Information on calculating the delivery date
For payments in advance, the delivery period begins on the day after the payment order is issued to the transferring credit institution; for other payment methods, it begins on the day after the contract is concluded and ends with 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 shall take the place of such a day.
or, if your shipping company also delivers on Saturdays:
Information on calculating the delivery date
For payments in advance, the delivery period begins on the day after the payment order is issued to the transferring credit institution; for other payment methods, it begins on the day after the contract is concluded 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 shall take the place of such a day.
G. Instructions for Changes to Your Online Presence if Customer Email Addresses are to be Shared with one of the Parcel Service Providers DHL, GLS, UPS, DPD, or Hermes for the Purpose of Delivery Coordination with Customers:
You have indicated to us that you do not provide email addresses to shipping service providers for order processing.
H. Instructions for Battery Disposal Information
You have indicated to us that you do not sell products with batteries or batteries themselves.
I. Attention to Advertising with Guarantees!
As of January 1, 2022, the guarantee declaration must be provided to the customer (consumer) not only on the website but also, at the latest, upon delivery of the ordered goods (to which the guarantee applies) on a durable medium (e.g., via email), even if the consumer has not requested it. Displaying it solely on the website is no longer sufficient.
If the guarantee declaration cannot be displayed on the product page, the specific product to which the declaration refers must be evident from the declaration.
Currently, warning letters are also being issued if manufacturer guarantees exist and are not addressed.
Although it has not yet been fully clarified legally whether this is necessary, to prevent warning letters in this regard, information about the guarantee would indeed have to be provided at least for products for which the existence of a manufacturer guarantee is obvious.
The manufacturer's guarantee should offer the following information:
- Validity period of the guarantee (How long can it be claimed?)
- Name and address of the guarantor
- Description of the content of the guarantee (What exactly is promised? - possible limitation to parts of the product)
- Information on the geographical limitation of the guarantee (e.g., nationwide, European, worldwide)
- Information that the guarantee does not restrict warranty rights
- Information on how to claim the guarantee (How should the customer proceed?)
However, if the manufacturer's details do not meet legal requirements, this would mean adopting them as one's own, which also entails a risk of warning letters.
J. Sample Warranty Terms
1. Introduction
IMPORTANT
Please understand that due to the high individuality of manufacturer warranties, we cannot provide fixed warranty terms in this format.
We offer you a sample of what such warranty terms could look like below.
However, this cannot be used as-is but must be reconciled with the respective manufacturer's warranty.
Each individual point may differ from the warranty granted by the manufacturer.
Therefore, we cannot assume liability for the sample provided in this format.
2. Warranty Terms
2.1. Sample Manufacturer's Warranty
The manufacturer XYZ GmbH provides a manufacturer's warranty for a period of 2 years from the invoice date for the goods advertised with the warranty promise. The warranty is valid geographically throughout Europe.
If material or manufacturing defects occur in the product within the warranty period, the manufacturer offers to repair the goods free of charge or to replace them with an equivalent item, at its discretion.
However, the warranty does not apply to damage resulting from wear and tear, normal consumption, improper handling, application of force, failure to observe the operating instructions, environmental influences, application of force, or attempted repairs by the user.
To claim the warranty, you must contact the manufacturer:
XYZ GmbH
Musterstrasse 123
12345 Musterstadt
Musterland
Telephone
To claim the warranty service, the warrantor must be allowed to inspect the goods upon request. When sending in the goods, damage during transport must be avoided by appropriate packaging of the goods.
If the warrantor requests proof of purchase, it must be submitted. The warrantor may refuse the warranty service if no proof of purchase is submitted.
The name and current address of the seller must be communicated to the warrantor if these do not appear on the proof of purchase.
The handling of the warranty is freight-free for the buyer. Advanced shipping costs will be reimbursed by the warrantor. The warrantor also bears the costs of any necessary removal of the goods for the purpose of shipment.
This warranty applies in addition to the buyer's other rights.
The statutory rights of the buyer, in particular warranty or product liability, are not affected by this warranty. They apply without restriction alongside this warranty and can be claimed free of charge, regardless of whether a warranty case exists.
Sample Dealer's Warranty:
For the product offered, we provide a dealer's warranty (further information and details on the warranty can be found below!)
Warranty terms:
We grant you a dealer's warranty for a period of 3 years from the invoice date for the goods advertised with the warranty promise. The warranty is valid geographically throughout Germany.
If material or manufacturing defects occur in the product within the warranty period, we offer to repair the goods free of charge or to replace them with an equivalent item, at our discretion.
However, the warranty does not apply to damage resulting from wear and tear, normal consumption, improper handling, application of force, failure to observe the operating instructions, environmental influences, application of force, or attempted repairs by the user.
To claim the warranty, you must contact us as the warrantor:
(Enter your address here)
To claim the warranty service, we must be allowed to inspect the goods upon request. When sending in the goods, damage during transport must be avoided by appropriate packaging of the goods.
If we request proof of purchase, it must be submitted to us. We may refuse the warranty service if no proof of purchase is submitted to us.
The handling of the warranty is freight-free for the buyer. Advanced shipping costs will be reimbursed by us.
This warranty applies in addition to the buyer's other rights. The statutory rights of the buyer, in particular warranty or product liability, are not affected by this warranty. They apply without restriction alongside this warranty and can be claimed free of charge, regardless of whether a warranty case exists.
K. Sale of defective goods
1. Sale of defective goods
Sale of defective goods:
Note to customers:
1. Informing the customer
The buyer must be explicitly informed of the defect. Preferably by a notice that is graphically highlighted and spatially separated from the other product information.
2. Express agreement
There must be an express consent to the negative deviation in quality.
This can also be done by means of a checkbox:
a) Checkbox in the checkout
on the last page with the text:
"When purchasing "B-ware" or defective goods, I agree to and have taken note of the deviation from the objective requirements specified in the description of the goods."
It is important here that the order cannot be placed if the checkbox is not ticked. In the order summary on the last page, the defect must again be explicitly described as text.
Just like consent to receive newsletters, for example, this consent must be documented.
After the order, the customer must receive the contract content in text form, i.e., also here with an explicit description of the goods and the defect. The customer must also receive the text of their checkbox in text form.
b) Checkbox on the item itself
The checkbox can also be placed on the item page.
"I agree to and have taken note of the deviation of the goods from the objective requirements described here."
The customer must not be able to add the goods to the shopping cart (or not be able to order via quick order options such as PayPal Express) without ticking the checkbox.
Ensure that with this variant, the goods cannot be added to the shopping cart from another location in the shop.
Also here, the defect must be explicitly described in the order summary on the last checkout page. Likewise, the checkbox must be documented here and, as described under a), all texts must be sent to the customer by email.