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Abandoned cart emails, do they have to be opt-in? Even if customer is a first time visitor to site and leaves before completing checkout but does put items in cart?
In scenario 2, you most likely don't have their email address. there are plugins and methods which can help deal with this.... but for the purpose of your question, I'll consider scenario 1.
When your client's check-out/create an account, you should include a line (and preferably a tick-box) which kindly informs them that their email may be used for marketing purposes. You may also include this in the welcome text of the first email. Most importantly you should give them a way to opt-out.
If you store is Magento based, you can pretty much handle all of this with Mailchimp and their Magento extension. there are similar tools for most other ecommerce platforms too.