The internet and privacy can't work together? We say they can! Read more about the data protection rules and safety basics at Connox.
Privacy and security are especially important to Connox. Through constant optimisation of all technical security fundamentals, Connox is continuously improving the protection of your data.
If you voluntarily provide us with personal data, e.g. via our contact form, by e-mail or as part of the use of our online shop, the processing is carried out in accordance with the requirements of the General Data Protection Regulation (GDPR) and the Federal Data Protection Act (BDSG).
Name and contact details of the authority designated as responsible for the processing of that data:
30159 Hanover Germany
Tel. +49 (0)5 11 30 03 41 – 171
Available Mon-Fri 8am-7pm, Sat 9am-1pm, Berlin Time
Data Protection Officer
Mister Thomas Becker, Email: email@example.com
Transfer of data
Your data is in good hands. We promise you that: We will not sell your personal data to third parties, nor lease it to other companies for advertising purposes.
We only share your personal information with third parties if:
For further details on the transfer of personal data, please refer to the explanations below.
Personal data on this website are transmitted only in an encrypted form, using the TLS encryption method (Transport Layer Security, also known as SSL, Secure Sockets Layer). The TLS v1.0 method used is at this time one of the safest ways to encrypt data. Connox.de uses a 256-bit encryption pursuant to AES (Advanced Encryption Standard) and thus meets the highest security standards. The issuer of the SSL certificate is digicert, and the method used for the key exchange is DHE_RSA (2048 Bit).
Through the application of the SSL encryption, your data will be mutated so that a third party could not reconstruct it before it is transmitted to the Connox-server. This encryption procedure also ensures that your data will be sent exclusively to the server from which it was requested. Once the data is received by the Connox server, it is verified in regards to completeness and immutability.
If you use the Internet Explorer as your browser, you can identify the encrypted data transmission by the yellow lock icon in the address bar of your browser.
Pursuant to Art. 4 No. 1 GDPR, personal data means any information relating to an identified or identifiable natural person ('data subject'); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person;
Personal data is therefore any data that is personally available to you, e.g. name, address, e-mail address, phone number or IP address.
Collection and storage of personal data and the nature and purpose of its use
When visiting the website
When you visit our website, the browser on your device automatically sends information to the server on our website. This information is temporarily stored in a so-called log file. The following information is recorded without your intervention and stored until it is automatically deleted:
The mentioned data will be processed by us for the following purposes:
The legal basis for data processing is Art. 6 para. 1 sentence 1 lit. f GDPR. Our legitimate interest follows from the purposes listed above for data collection. Under no circumstances do we use the data collected for the purpose of drawing conclusions about you personally.
Here, Connox processes and uses the data, which has been voluntarily entered into input forms and transmitted to Connox. These are, e.g. the name, address and other contact details such as telephone number and e-mail address, a user name and password (Art. 6 (1) (1) (b) GDPR for the execution of contractual relationships). You can also order as a guest user and your data will then be used and processed for the implementation of the contractual relationship and to process the order.
Orders in the online shop
We collect personal data when you voluntarily provide it to us for the purpose of carrying out a contract or opening a customer account. This can include, e.g. name, address and e-mail address. This data is used and stored by us for the execution of the contract and the delivery of your order (Art. 6 (1) (1) (b) GDPR for the execution of contractual relationships).
Processing of orders
In order for us to be able to process and deliver your online shop orders, we pass on the necessary data to the logistics company responsible for the delivery, e.g. name and delivery address (Art. 6 (1) (1) (b) GDPR for the execution of contractual relationships). In addition, your e-mail address can be forwarded to the supplier. You will then receive an e-mail to use the tracking service and to know when your package will arrive. The data transmitted in this way may only be used by the recipient for the purpose of performing his task. Any other use of the information is not permitted.
Newsletter registration and shipping
If, pursuant to Art. 6 para. 1 sentence 1 lit. a GDPR, you have given your explicit consent and have registered to our newsletter (double opt-in procedure), we use your e-mail address and any other personal data you have provided to send you regular newsletters. For the receipt of the newsletter the indication of an e-mail address is sufficient. You can resign from receiving these newsletters from us at any time e.g. via a link at the end of each newsletter. You can also send us an e-mail to unsubscribe at any time. The data is then deleted and no longer used for the newsletter distribution.
Use of our contact form, contact by e-mail
For questions of any kind, we offer you the opportunity to contact us via a form provided on the website or to send us an e-mail. It is necessary to provide a name and a valid e-mail address in the contact form so that we know who the request came from and where to send the reply. Further information can be made voluntarily in the contact form. The legal basis for processing data is our legitimate interest in responding to your request and establishing contact in accordance with Art. 6 (1) point f GDPR. Your data will be deleted after final processing of your enquiry; this is the case if it can be inferred from the circumstances that the facts in question have been finally clarified, provided that there are no legal storage obligations to the contrary. If your contact is aimed at the conclusion of a contract, then additional legal basis for the processing is Art. 6 para. 1 lit. b GDPR (processing of contractual relationships).
Commentary function / customer reviews
Within the scope of the commentary function on this website, in addition to your comment, information on the time of writing the comment and the name of the commentator you have chosen are stored and published on the website. Furthermore, your IP address is logged and stored. This IP address is stored for security reasons, in case the person concerned violates the rights of third parties or posts illegal content by submitting a comment. We need your e-mail address to contact you if a third party should object to your published content as unlawful. The legal basis for the storage of your data is Art. 6 (1) point b and f GDPR. We reserve the right to delete comments if they are objected to as unlawful by third parties.
Credit check and scoring
We reserve the right to conduct a credit check based on mathematical-statistical procedures in order to safeguard our legitimate interests, even with existing customers. The personal data required for a credit check is submitted in accordance with Art. 6 para. 1 lit. f GDPR to the following service providers:
Creditreform Boniversum GmbH, Hellersbergstraße 11, D-41460 Neuss
For customer from Austria: CRIF GmbH Diefenbachgasse 35, A-1150 Vienna, Austria
For customers from Switzerland: CRIF AG Hagenholzstrasse 81, 8050 Zürich, Switzerland
The credit check may contain probability values (known as score values). As far as score values are included in the result of the creditworthiness examination, these are based upon a scientifically recognised mathematical statistical procedure, which takes into account, among other factors, the address data. The results of the credit check relating to the statistical probability of payment default is used for the purpose of deciding on the establishment, execution, or termination of a contractual relationship.
The information according to Article 14 of the EU General Data Protection Regulation on data processing at Creditreform Boniversum GmbH can be found here: www.boniversum.de/EU-GDPR
Payment via PayPal
When paying via the online payment service provider Sofortüberweisung, your contact details will be sent to Sofortüberweisung within the scope of the order that has been placed. Sofortüberweisung is offered by SOFORT GmbH, Theresienhöhe 12, 80339 Munich, Germany. The personal data transferred to Sofortüberweisung is usually a first name, last name, address, telephone number, IP address, e-mail address, or other data required for order processing, as well as data related to the order (Art. 6 (1) (1) (b) GDPR for the execution of contractual relationships). Under certain circumstances, the personal data transmitted to Sofortüberweisung will be transferred by instant transfer to credit reference agencies. This transfer is used to verify the identity and credit rating of the order you have placed. You can find out which data protection principles are based on the immediate processing of your data when processing your data, as shown in the data protection guidelines that are displayed during the payment process of Sofortüberweisung.
Connox uses so-called cookies on some internet sites in order to enable web-based applications to manage the status of an online visit and to provide smooth navigation between the separate services and contents on the website as well as to provide the internet user with permanent settings on the Connox website.
A cookie is a small file that is transferred by Connox onto the user’s computer when he or she visits the Connox website. A cookie only contains information that Connox itself transmits to the user’s computer – private files cannot be read by a cookie.
Connox uses „session-based“ cookies that are not stored permanently on the visitor’s computer. These temporary cookies will be deleted after leaving the website. Using the gathered information, Connox is able to analyse usage patterns and structures of the website. This enables further continuous optimisation of the website by improving the content and the usage.
Connox also uses “persistent“ cookies. These cookies remain on the customer’s computer,simplifying shopping and registration services during their next visit. For example, the cookies are able to remember which articles the customer has chosen for purchase while he or she continues to shop. Furthermore, the customer only has to enter passwords once on sites that require registration.
Permanent cookies can be removed manually by the user. The permanent cookies used by Connox will be stored for up to 1000 days on your hard disk. Afterwards, they are automatically deleted. Most of the standard browsers accept cookies by default. Temporary or stored cookies can be enabled or disabled independently in the browser’s security settings. If cookies are disabled, certain features on Connox webpages may not be available and some websites may not be displayed correctly.
In order to use the Connox shopping cart and the checkout, session-related cookies have to be allowed! If the customer generally does not wish to, or cannot, allow cookies it is also possible to order at Connox by email, phone or fax.
Connox works with some partner companies in order to increase the value of the internet assortment and of the websites for the user. Therefore, cookies from partner companies are also stored on your website when you visit Connox websites. These cookies are “persistent” cookies. These cookies remain on the computer of the user and are automatically deleted after the specified lifetime. The lifetimes may be up to 22 years in some cases. Our partner companies do not have any access to your personal information and personal data. The pseudonymous data is never merged with your personal data. The pseudonymous data includes data about the products that were searched for or which ones were viewed and bought by the user. This information is only used to enable our partner companies to, for example, show advertising that might actually interest the user or to prevent a user seeing the same advertisements over and over.
The data processed by cookies are for the purpose of safeguarding our legitimate interests as well as the interests of third parties according to Art. 6. para. 1 sentence 1 lit. f GDRP or according to Art 6. para. 1 lit b GDRP. Most browsers automatically accept cookies. However, you can configure your browser so that no cookies are stored on your computer or so that a message appears before a new cookie is created. Disabling cookies may result in not being able to use all of the features on our website.
Use of social media, online marketing, web analytics and tracking services as well as tools of other service providers
The technologies and measures used by Connox are in accordance with Art. 6 para. 1 sentence 1 lit. f GDPR based on our legitimate interests. With the measures and the associated statistical recording and evaluation of the use of our website, we want to ensure a needs-based design and continuous optimisation of our website and optimal marketing of our website and reach. The described data processing operations can acc. Art. 6 (1) lit. F. GDPR also exist on the basis of the legitimate interests of the individual providers (e.g. in the display of personalised advertising or to inform other users of social networks about your activities on our website).
This website uses technology provided by Criteo (Criteo SA, Rue Blanche, 75009 Paris, France (http://www.criteo.com)). With the help of this technology, information about the surfing behaviour of our website visitors is collected in an anonymous form and cookies are set for marketing purposes. Criteo can then analyse the browsing behaviour and display targeted recommendations in form of a banner when user visit other websites. In no case can the anonymous data be used to personally identify the visitor of the website. In particular, Criteo does not use full IP addresses. You can prevent the storage and use of information by the Criteo service by using the following link (http://www.criteo.com/privacy/) and then setting the control to “ON” at “Opt-Out”.
Google Remarketing Tag
Google is certified for the US-American data protection convention "Privacy Shield".
Google Conversion Tracking
Google is certified for the US-American data protection convention "Privacy Shield".
Google is certified for the US-American data protection convention “Privacy Sield”.
This website uses Google Analytics, including the function Universal Analytics, a web analysis service of the Google Inc. Google Analytics uses so-called Cookies, text files which are stored on your computer and which allow an analysis of the use of the website by you. Through Universal Analytics and the use of a pseudonym user ID, device-crossing activities (e.g. tablet, PC or laptop) on our website can be analysed. The information generated by the cookie concerning your use of this website (including your IP address) will be passed on to a Google server in the USA and saved there. In case of an activation of the IP-anonymization on this website, your IP-address will be shortened by Google within the member states of the European Union or in other contractual states of the Agreement on the European Economic Area. Only in exceptional cases will the complete IP-address be transmitted to a Google-server in the USA and shortened then and there. Google will use this information on behalf of this website’s provider for the purpose of evaluating your website to gather reports concerning the website’s activities and to furthermore provide services around this website. Google Analytics does not combine your transmitted IP-address data with other data collected by Google. You can prevent the storage of cookies by a specific setting in your browser-software; however please note that if you do this you may not be able to use the full functionality of this website. You can furthermore prevent the collection of your data (including your IP-address) by Google as well as the processing of that data by Google by downloading and installing the following browser-plugin: http://tools.google.com/dlpage/gaoptout?hl=eng
Alternatively, you can prevent the processing of your data by Google by clicking on the following link: Click here, to be excluded from the Google Analytics measurement protocol.
Google is certified for the US-American data protection convention “Privacy Sield”.
We hereby point out that this website uses Google Analytics including Universal Analytics with the add-on „anonymizeIp()“, which is in accordance with privacy regularities. IP-addresses thereby are processed only in a shortened version to exclude any possibility of direct personal relation.
We use conversion tracking by Microsoft (Microsoft Corporation, One Microsoft Way, Redmond, WA 98052-6399, USA). Thereby Microsoft Bing Ads saves a cookie on your computer if you arrived at our webpage via a Microsoft Bing advertisement. We and Microsoft can see that someone clicked on our ad and was directed to our page, and visited a predetermined target page beforehand. We learn only the total number of users that clicked on a Bing ad and were directed to our page. No personal information related to the identity of the user are transmitted. If you do not want to be part of the tracking procedure, you can also reject the necessary cookie – by generally deactivating the automatic storage of cookies, for example. Find further information privacy and cookies used by Microsoft Bing on the Microsoft website: https://privacy.microsoft.com/de-de/privacystatement.
Microsoft is certified for the US-American data protection convention “Privacy Sield”.
We use the “Pixel” by Facebook, Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA (“Facebook”) for the analysis and support of online marketing measures. With its help we can track the movements of users after they see or click on a Facebook ad. This is how we can evaluate the significance of Facebook ads for statistics and market analysis purposes. The data collected is anonymous and personal data of individual users is not visible to us. However, the information is saved and processed by Facebook. Facebook can connect the information with your Facebook account and use them for its own advertising purposes according to Facebook’s Data Policy: https://www.facebook.com/policy.php. Cookies may be saved on your computer for this purpose. You can prevent the storage of cookies by adjusting setting your web browser.
Facebook is certified for the US-American data protection convention “Privacy Sield”.
Our website also includes plugins by the social network Facebook. Our website is configured so that a direct connection between your browser and the Facebook server is made only when you click on a Facebook plugin. A connection will not be made automatically as soon as you open our website. Data is transmitted to Facebook only after you click on the plug-in, consciously “activating” it. If you click on the Facebook button while you’re logged in on your Facebook account, Facebook can possibly associate the visit to our website with your account. We would like to point out that as the provider of the web page we have no knowledge of the content of the transmitted data or of their use through Facebook. Further information about this can be found in Facebook’s Data Policy: http://de-de.facebook.com/policy.php. If you do not wish for Facebook to be able to associate the visit of our website with your Facebook account, please do not click on the Facebook plugins or log out of your Facebook account.
Facebook is certified for the US-American data protection convention “Privacy Sield”.
Twitter is certified for the US-American data protection convention “Privacy Sield”.
Google is certified for the US-American data protection convention “Privacy Sield”.
Pinterest is certified for the US-American data protection convention “Privacy Sield”.
Affilinet / Tracdelight
Our website uses services of the companies affilinet GmbH (Joseph-Wild-Str. 20, 81829 Munich, Germany) and tracdelight GmbH (Wilhelmstr. 4a, 70182 Stuttgart, Germany). Cookies are produced for the optimization of our advertisement measures. These Cookies are only used for a correct association of the success of an advertisement of the distribution partner and the according invoicing of the service partner. Personal data aren’t collected. The Cookie only contains the information of when a determinate advertisement has been clicked from an internet-capable device. If you don’t want such Cookies to be saved in your browser, you will be able to change it via your browser adjustments.
Voucher offers of Sovendus GmbH
If you are interested in a voucher offer of Sovendus GmbH, Moltkestr. 11, 76133 Karlsruhe (Sovendus) and click on the coupon banner, we will transmit your address, your name and your e-mail address in encrypted form to Sovendus to prepare a voucher (Art. 6 par. 1 b, f GDPR). The IP-address will be exclusively used for data security purposes and as a rule the same will be anonymised after seven days (Art. 6 Abs.1 f GDPR). Furthermore, we will transmit order number, order value with currency, session ID, coupon code, and time stamp in pseudonymised form to Sovendus for billing purposes (Art. 6 Abs.1 f GDPR).
We use the services offered by Emarsys eMarketing Systems AG (Hans-Fischer-Str. 10, D-80339 Munich (Emarsys)) to evaluate and support our online marketing initiatives, particularly when processing the newsletter. This helps us to determine how our newsletters are opened and used by customers (e.g. clicks on links in a newsletter) in order to record and measure the success of certain marketing initiatives. This information is used in the form of pseudonymous user profiles to improve our website, our newsletters and any related marketing initiatives, in particularly to adapt offers and information to the interests and wishes of the users. Emarsys will only process data (e.g. the email address) in accordance with our instructions and will neither directly nor indirectly use it for their own purposes or pass it on to a third party. Cookies can be stored on your computer for these purposes. You can prevent the installation of cookies by appropriately adjusting your browser software. You can withdraw your agreement to the collection and analysis of data for the aforementioned purposes by clicking on the opt-out box via the following link: http://www.scarabresearch.com/privacy/#optout. You can also unsubscribe from our newsletter at any time to no longer receive any newsletters from us.
Google is certified for the US-American data protection convention "Privacy Shield".
Deletion and blocking of personal data
We only process and store personal data for the period of time required to achieve the purpose of storage (e.g. due business transaction) or which corresponds to a legal storage / retention period. If the purpose of the storage is omitted or if a legal storage / retention period expires, the personal data will be deleted. If legal storage / storage obligations should continue to exist, e.g. after proper business transaction or having answered your inquiry, we will restrict the processing, e.g. by blocking your data. If retention periods relating to commercial or tax law must be observed, the storage time for particular data may equal up to 10 years.
Rights of the affected person
As an affected person(s), you have the right:
Right to withdraw
If your personal data is based on legitimate interests in accordance with Art. 6 para. 1 sentence 1 lit. f GDPR, you have the right to file an objection against the processing of your personal data in accordance with Art. 21 GDPR, provided that there are reasons for this arising from your particular situation or the objection is directed against direct marketing. In the latter case, you have a general right of objection, which is implemented by us without specifying any particular situation.
If you exercise your right of objection, we will stop the processing of the data concerned. However, we can continue to process your personal data, despite your objections, if in the case of processing based on legitimate interests or on the performance of a task in the public interest/exercise of official authority, we can prove that we have compelling legitimate grounds that override your interests, rights and freedoms.
If you would like to make use of your rights, please send us an e-mail.
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1. Qualifications, Purpose and Scope
1.1 The SafeBuy Assurance Scheme is operated by Ecommerce Security Ltd. SafeBuy have been evaluating high-tech products and services in the UK since 1987 and independently reporting to subscribers and report purchasers. It has no connection with any manufacturer or service provider and does not take any advertising or sponsorship. The SafeBuy scheme is funded by charges on retailers.
1.2 SafeBuy is acting in the interest of both retailers and consumers in publishing this Code of Practice. The retailers who conform to the Code know that their display of the SafeBuy logo will provide reassurance to consumers that they have undertaken to abide by the SafeBuy Code and any updates that are issued to remain in line with UK and EU regulations and legal requirements. SafeBuy code members must observe all relevant legal requirements when dealing with consumers. Consumers have access to the Code and are entitled to expect a high level of performance from subscribing retailers with a right of mediation by SafeBuy if they have a complaint.
1.3 The retailer agrees to accurately and honestly complete such questionnaires as are sent from time to time by SafeBuy to address the matters of ongoing website and operational security and of complaints registered, whether resolved prior to or with SafeBuy mediation or not, together with the outcomes.
1.4 By subscribing to the SafeBuy Code retailers undertake with SafeBuy and with their consumers that they will at all times abide by it. Although SafeBuy cannot guarantee that any individual retailer's site conforms with the SafeBuy Code at every moment in time, SafeBuy validates websites at the time of application and then regularly samples sites including the placing of orders for goods in order to test those sites for ongoing conformity. It also spot checks for evidence that consumers' prepayments or deposits, where required by clauses 4.5 and 4.6 of this Code are held securely.
2. Website Requirements
2.1 The site must use the SafeBuy logo as an active link (hyperlink) to safebuy.org.uk where this Code of Practice is published. The logo must be given sufficient prominence that every site visitor is aware of your membership of the SafeBuy scheme. The logos may not be used on any site the owner of which does not have a current subscription to the SafeBuy scheme or which SafeBuy considers not to be compliant with the SafeBuy Code.
2.2 Any advertising on the site, whether by the site owner or third parties, must comply with the British Codes of Advertising and Sales Promotion (BCASP) and any other relevant code of advertising and all other statutory requirements. These include The Control of Misleading Advertisements Regulations 1988 (as amended) and, if the site owner offers credit, The Consumer Credit (Advertisements) Regulations 2004.
2.3 Any advertising on the site, whether by the site owner or third parties, must conform to the rulings laid down by the Advertising Standards Authority (asa.org.uk).
2.4 The site must have clearly accessible details of the retailer's name and address, phone number, an email address and details of what information consumers are required to provide to pursue a complaint against the retailer. Consumers must also be advised of their right to no-charge mediation by SafeBuy.
2.5 Customers should be charged at the normal rate for a UK inland call for queries relating to a transaction. Where technical support charges are made, either by the retailer or by a third party whose product or service is being sold, that fact must be made clear to the customer before the order is placed. Information on the cost of communication relating to technical support, where it is at other than the basic rate, must be provided. Hours of availability for all types of phone enquiry must be clearly stated.
2.6 The website must make reasonable provision to be compatible with technology that facilitates Internet use for the disabled. The retailer must be aware of its obligations under the Disability Discrimination Act 2005.
3. Transaction Requirements
3.1 Products or services for sale must be clearly and accurately described with relevant characteristics (e.g. dimensions, material). Any variation between the goods or services that are for sale and usual consumer expectations should be explained as should any disparity between a consumer's stated requirements and the nature of the goods or services to be offered to the consumer.
3.2 Any restrictions on ordering (e.g. parental approval, geographic location) must be made clear to the consumer as a part of the description of the product or service.
3.3 The total price, including packing, delivery and VAT where applicable must be shown for the complete order before consumer final agreement to place the order.
3.4 The method of delivery must be clearly identified. Where appropriate (e.g. for bulky items or those which need to be signed for), the retailer must have effective procedures for agreeing a scheduled delivery and maintaining liaison with the customer to ensure that the delivery occurs as projected or as altered with the customer's agreement.
3.5 Payment options must be shown and the level of security displayed for the transaction.
3.6 A clear explanation must be given as to the process by which the customer may place, change or cancel an order prior to it being processed and an option given for the consumer to abort the order up to the point of final confirmation. If languages other than English are available this fact should be made clear.
3.7 There must be no possibility of orders being accepted which are unlikely to be fulfilled within 30 days.
3.8 'High pressure selling' must not be used and any special offers must have the time or condition requirements clearly identified. Where a special offer is time-related the consumer's cancellation rights as per clause 4.1 (d) must be drawn to the consumer's attention.
3.9 The consumer must be advised that a confirmation of the order will be sent by email or post within 24 hours. This confirmation must include the retailer's company details, a unique order number, the total price and clear instructions on the consumer's rights of cancellation or return, including timescales, with an explanation of how to effect a cancellation or return, including any return costs that may be applied.
3.10 There must be no misleading claim made on the website or the order confirmation regarding delivery timescale to the consumer. Where any delivery timescale and/or delivery date is stated the consumer must be advised in advance if that timescale and/or date will be delayed and the consumer's right to cancel must be made clear.
3.11 If there is an ongoing contract with the consumer the minimum duration for the contract to supply goods or services continuously or recurrently must be clearly explained.
3.12 All relevant staff must be adequately trained regarding the retailer's responsibilities in relation to the law and to this Code of Practice.
4. Terms and Conditions
4.1 The website must specify:
the name, physical address of the principal place of business, email address and telephone number and the company number and VAT number where appropriate;
the price of the goods or services and any ancillary costs such as delivery charges, identified individually;
the delivery procedure;
in terms of products the right of the consumer to cancel the order for at least fourteen working days after delivery; in terms of services fourteen days after the contract is agreed or after the consumer has agreed to the service starting. Please note these cancellation periods could be longer if you have not complied with the detail of the Consumer Protection (Distance Selling) Regulations 2000 (as amended) where those regulations apply. These regulations include requirements on information that must be given to the consumer and specifies when it has to be given.
the returns policy and procedure including information on who bears the cost of return or recovery in the event of revocation of the order in each and all circumstances. Where goods are returned at the consumer's choice the liability for any expense incurred must be spelt out to the consumer and any conditions, e.g. insurance, proof of delivery made clear. If the retailer in the normal course of business elects to collect the goods that expense must equally be spelt out and not exceed the direct cost;
the means by which the website user can lodge a complaint with the retailer and how the complaints procedure will operate.
4.2 All contract terms, including any guarantees or warranties, must be clearly displayed and a further clear indication given that they do not affect the consumer's statutory rights. In particular a statement should be made that "This does not affect your statutory rights, in relation to faulty or misdescribed goods, details of which can be obtained from Consumer Direct (the Government's consumer advice helpline) or your local Trading Standards Office." If the retailer's contract terms give rights to the consumer which are more beneficial than the consumer's statutory rights, this should be made apparent. If any additional guarantees/warranties are offered, the costs and options must be clearly stated together with all other key elements and, if offered through a third party, a name, address and contact point for that third party. Additional warranties/guarantees must not be projected as a requirement on the consumer nor misrepresented in any way as to their cost, coverage or benefits. The Terms & Conditions which the site owner uses for any transaction must take into account the Unfair Terms in Consumer Contract Regulations on which Office of Fair Trading guidance is available.
In particular the retailer must conform with Statutory Instrument 2005 No. 37 (The Supply of Extended Warranties on Domestic Electrical Goods Order 2005) if the website offers products which fall into this category. Details are available at http://www.opsi.gov.uk/si/si2005/20050037.htm
4.3 The product or service must be delivered within 30 days unless the consumer agrees otherwise. In the event that this term cannot be met, or the consumer's right to cancel has been exercised, the consumer must be advised in good time and offered a cancellation option with a total refund, within 30 days, of any monies, including delivery costs, paid.
4.5 No payment from a consumer should be processed more than two working days before despatch of the goods or, if it is, should be regarded as a prepayment under the terms of clause 4.6. The website must make this clear either in general or at the point of order.
4.6 Deposits and prepayments must be protected against loss in the event of the retailer ceasing to trade or for any other reason. This protection must be provided by an insurance-backed scheme, a ring-fenced consumer account, independent third party holding of such funds or other secure deposit. Deposits, prepayments and scheduled part payments for bespoke products or consumer-specific services should be subject to clear terms, including protection of the consumer's funds where appropriate, which are agreed to by the consumer as part of the basis for the contract.
5. Faults and Disagreements
5.1 Errors in any area of order processing, delivery or administration must be corrected within 10 working days.
5.2 The retailer must have an effective complaints procedure. At a minimum, any complaint must be logged and an acknowledgement given to the consumer within three working days. The consumer must be further advised on the retailer's procedures for acting on the complaint with a reasonable and stated timescale. The retailer must keep the consumer informed of the progress of the investigation of the complaint. The same provisions apply regarding an intermediary, acting on behalf of the claimant, as they do to dealing directly with the complainant.
5.3 In the event that the retailer and consumer cannot agree on the resolution of a complaint, the retailer must advise the consumer of any trade complaints body, regulator or ombudsman who may be relevant. They must also advise the consumer of the SafeBuy mediation procedure.
5.4 SafeBuy will act as mediators, at no charge to either party, in the event of a dispute between the retailer and consumer which cannot be resolved in a timely manner. SafeBuy will only act where the consumer can provide a transaction number and date. SafeBuy will be at liberty to provide copies to both parties of all documentation presented in connection with the dispute. SafeBuy is not entitled to impose a decision upon the parties but, as mediator, to attempt to facilitate a resolution of the dispute between the parties. If this is not achieved within a reasonable time (45 days maximum) then SafeBuy will be entitled to withdraw from involvement as mediator.
5.5 In the event of the retailer's own complaints procedure and the SafeBuy mediation procedure being unsuccessful in resolving the complaint, the retailer agrees that the consumer has the right to arbitration under the SafeBuy/CIArb scheme operated by the Chartered Institute of Arbitrators and waives his/her right to decline arbitration under this scheme. SafeBuy/CIArb is an email arbitration scheme, at relatively low cost, the full details of which are at www.idrs.ltd.uk/safebuy. Details are also available by email from SafeBuy. The costs of the arbitration are borne by the consumer and the retailer. Decisions made by the arbitrator will be referred back to SafeBuy and may be acted on to enhance this Code and will contribute to the warning system laid down in clauses 5.8 (i) and (ii).
5.6 None of the above processes affects the right of the consumer to take the matter to the Courts or any other complaints resolution body.
5.7 If the retailer is in breach of the code with no reasonable justification, the retailer will be subject to SafeBuy's disciplinary procedure (which is overseen by an independent party). The retailer accepts that there is no right of appeal or redress against the Independent Overseer's decision (which includes, ultimately, expulsion of the retailer from the scheme). SafeBuy acts according to the rules as set out at clause 5.8.
5.8 For the purposes of clarity, SafeBuy acts according to the following rules in formal warnings, final warnings and expulsions.
A Formal Warning is issued if a mediation is not concluded successfully, or a breach of the Code that has been advised to the member (following 'mystery shopping' for example), has not been acted upon within 30 days of notification. The member has the right to claim 'special circumstances' (e.g. the return of goods to the maker for a report) to extend this period to an agreed deadline.
A Formal Warning will also be issued if, following an unsuccessful mediation, the consumer has exercised the right to go to arbitration and the Abitrator's decision is more than 50% in favour of the consumer.
A Final Warning is issued if more than one Formal Warning has become necessary in a six month period.
Expulsion will ensue if another Formal Warning becomes necessary within six months of a Final Warning.
5.9 In the event that the retailer becomes uncontactable by email, phone or recorded delivery letter SafeBuy will regard the retailer as no longer accredited and remove him from the scheme.
6.1 The retailer must take and maintain all practicable security procedures to prevent hacking or other external access, or any unauthorised internal access, to any data relating to consumers or orders. If data is provided to any third parties necessary for the execution of the contract, it is the retailer's responsibility to ensure that the same standards are met by those third parties.
6.2 Methods of payment must be as secure as is practicable and the consumer clearly advised of the level of security applicable. If a hyperlink is required to another site with further details of the level of security it should be prominently displayed.
6.3 The retailer must be aware of its obligations under the Disability Discrimination Act 2005. It is also recommended that the retailer conforms to the requirements of the ISO Code ISO/IEC 27002:2005 (was BS7799) in security matters but as a minimum should ensure that hardware and software security is in line with general standards in the industry for the scale of the retailer's operation. The retailer must identify a named individual who is responsible for all aspects of security.
6.4 It is understood that the same standards on security of data or process by any third party used by the retailer should be at least equivalent to those used by the retailer.
7.1 The website owner must conform with the requirements of the Data Protection Act, 1998 and the Privacy and Electronic Communications (EC Directive) Regulations 2003. .
7.3 The consumer must be given the option to decline any distribution of personal data to third parties. This option must include further use of the data by the retailer and any associated organisations. In the event that the consumer does not reject further use, if appropriate it must be separately made clear that such data may be transferred outside the European Economic Area and the option provided to reject such use.
7.5 The use of email for direct marketing purposes is not allowed unless the consumer has previously given his/her consent and the contact details have been obtained in the course of a sale of a product or service to that consumer. Direct marketing approaches are confined to the products or services supplied by the online retailer who should ensure that the subscriber is aware of the nature of those products and services. The consumer has also to be given the opportunity to withdraw that consent at the time of each subsequent communication and unsolicited emails must not be sent to consumers who have requested removal from the marketing database either directly to the retailer or through an email preference service. Any attempt to conceal the identity of the sender and withholding of a valid address is prohibited.
7.6 If cookies are used the consumer must be advised accordingly and required to agree to their use ('opt in') or known to be in agreement by their settings in the internet browser they are using. This requirement only applies the first time the consumer uses the website. Agreement may also be assumed if another program which already has consent is used to access the retailer website.
8.1 No order may be accepted from a child of 16 or under without the express consent of a parent or guardian.
8.2 No data on other persons may be collected from a child of 16 or under and no data on themselves may be collected which is not strictly relevant to the processing of the order.
8.3 No enticement by way of reward may be made to a child of 16 or under.
8.4 No data on a child of 16 or under may be collected.
8.5 Except for the purpose of processing the order, no further communications, electronic or otherwise, may be sent to a child under 12 and, in the case of 12-16 year olds, only such communications as are relevant where it is clear that the child understands what is involved.
8.6 All communications with children must be non-exploitative and not prey on their immaturity or lack of experience.
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