Standard Business Terms and customer information

I. Standard business terms

§ 1 Basic provisions

(1) The following business terms are applicable to all the contracts, which you conclude with us as a supplier (fourteam sport und fashion GmbH) via the www.surfshoponline.de website. Unless otherwise agreed upon, the inclusion, if necessary, of your own conditions is ruled out.

(2)  A ‘consumer’ in the sense of the following regulations is every natural person who concludes a legal transaction which, to an overwhelming extent, cannot be attributed to either his commercial or independent professional activities. The term ‘businessman’ refers to every natural person, legal person or legally responsible partnership that concludes a legal transaction in pursuance of his/its independent professional or commercial activity.

§ 2 Conclusion of the contract

(1) The subject-matter of the contract is the selling of products.

(2) Our offers on the website are non-binding and are not a binding offer to conclude a contract.

(3) You can use the online shopping cart system to place a binding offer of purchase (order).
Here, the goods meant for purchase are stored in the ‘Shopping cart’. You can use the respective button in the navigation bar to call up the “shopping cart” and make changes at any time. After the ‘check-out’ page has been called up and the respective personal data and payment and shipping conditions have been entered, all the order data is displayed again on the order overview page. Before the order is sent, you can re-check all the data, change it (which can also be done via the internet browser’s ‘back’ function) or cancel the purchase transaction.
When the order is placed using the “Place order in conjunction with a liability to pay” button, you are considered to have made a binding offer to us.

You then receive an automatically-generated email regarding the receipt of your order. This email does not yet lead to the conclusion of a contract.

(4) The acceptance of the offer (and with it, the conclusion of the contract) takes place within a period of 2 days via a textual confirmation (e.g. email) in which you receive confirmation (order acknowledgement) regarding the execution of the order or the delivery of the products in question. 
If you have not received any corresponding message within this deadline, you are no longer considered to be bound to your order. Under such circumstances, any services that have already been provided are restored without undue delay.

(5) You are not bound by your enquiries regarding the creation of an offer that have been conveyed to us. We supply you with a textual and binding offer (e.g. via e-mail), which you can accept within a period of 5 days.

(6) The execution of the order and the sending of all the details necessitated by the conclusion of the contract take place via e-mail, in a partially-automated manner. Consequently, you have to ensure that the e-mail address that you have deposited with us is the correct one, and that the receipt of the respective e-mails is guaranteed. In particular, you have to ensure that the respective e-mails are not blocked by a SPAM filter.

§ 3 Right of retention, reservation of proprietary rights

(1) You can only exercise a right of retention if the situation in question involves claims arising from the same contractual relationship.

(2) The goods remain our property until the purchase price is paid in full.

§ 4 Warranty

(1) The statutory warranty rights are applicable.

(2) Despite the contents of the corresponding legal regulation, the warranty period for second-hand items amounts to a period of one year after delivery of the goods in question. The one-year warranty period does not apply in situations involving culpably caused damages that can be attributed to the supplier and which are associated with loss of life, injuries or health-related damages. Furthermore, it does not apply in situations involving damages suffered as a result of gross negligence or malicious intent, or in situations involving deceit on the part of the supplier or contribution claims as per §§ 478 and 479 of the BGB (German Civil Code).

§ 5 Liability

(1) We also provide unlimited liability for damage caused due to the violation of life, limb or health. Furthermore, we provide liability without limitation in all cases of intent and gross negligence, if a defect is fraudulently concealed, in case of assumption of guarantee for the procurement of the object of purchase and in all other legally regulated cases.

(2) The liability of defects within the scope of the implied warranty complies with the corresponding regulation in our customer information (Part II) and General Terms and Conditions (Part I). 

(3) If the situation in question relates to important contractual obligations and involves minor negligence, our liability is limited to the foreseeable damages that are typical for the contract. The term ‘important contractual obligations’ refers to important obligations that follow from the nature of the contract and whose violation would jeopardise the fulfilment of the purpose of the contract. It also covers obligations that the contents of the contract impose on us in order to facilitate the fulfilment of the purpose of the contract and whose fulfilment makes it possible for the contract to be executed in an orderly manner, and compliance with which may regularly be taken for granted by you.

(4) When it comes to the violation of inessential contractual obligations, no liability shall be assumed if the situation in question involves violations of obligations associated with light negligence.

(5) The current state of the respective technology makes it impossible to guarantee that data transmission operations that use the internet will take place in an error-free manner characterised by permanent availability. In this respect, we cannot vouch for the constant and uninterrupted availability of the website and the service offered on the website.

§ 6 Choice of law, place of fulfilment, jurisdiction

(1) German law shall apply. This choice of law only applies to customers if it does not result in the revocation of the protection guaranteed by the mandatory provisions of the law of the country in which the respective customer’s usual place of residence is located (benefit-of-the-doubt principle).

(2) If you are not a consumer, but a businessman, a legal entity under public law or an institutional fund governed by public law, our place of business is the place of jurisdiction as well as the place of fulfilment for all services that follow from the business relationships that exist with us. The same condition applies to situations in which you are not associated with a general place of jurisdiction in Germany or the EU, as well as situations in which the place of residence or the usual place of residence is not known at the time of commencement of proceedings. This has no bearing on the capacity to call upon the court associated with another place of jurisdiction.

(3) The provisions of the UN Convention on Contracts for the International Sale of Goods are explicitly inapplicable.


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II. Customer information

1. Identity of the seller

fourteam sport und fashion GmbH
Grosse Elbstrasse 131
22767 Hamburg
Deutschland
Telephone: 040-21092035
E-Mail: info@surfshoponline.de



The European Commission provides a platform for the out-of-court resolution of disputes (ODR platform), which can be viewed under http://ec.europa.eu/odr.

2. Information regarding the conclusion of the contract

The technical steps associated with the conclusion of the contract, the contract conclusion itself and the correction options are executed in accordance with § 2 of our standard business terms (part I.).

3. Contractual language, saving the text of the contract

3.1 Contract language shall be English.

3.2 The complete text of the contract is not saved with us. Before the order is sent, via the online - shopping cart system the contract data can be printed out or electronically saved using the browser’s print function. After the order is received by us, the order data, the legally-mandated details related to distance selling contracts and the standard business terms are re-sent to you via e-mail.

3.3 When it comes to enquiries that lie outside the context of the online shopping cart system, you receive all the contract data lying within the framework of a binding offer in an e-mail, which you can print out or save electronically.

4. Codes of conduct

4.1 We are voluntarily subject to the Käufersiegel quality criteria of Händlerbund Management AG which can be viewed at: http://www.haendlerbund.de/images/content/kaeufersiegel/kaeufersiegel-qualitatskriterien.pdf and, in connection with that, the Ecommerce Europe Trustmark Code of Conduct http://www.ecommerce-europe.eu/website/trustmark/code-of-conduct/haendlerbund. 

5. Main features of the product or service

The main features of the product and/or service can be found in the product description and the supplementary details appearing on our website.

6. Prices and payment arrangements

6.1 The prices mentioned in the respective offers represent total prices, as do the shipping costs. They include all the price components, including all the incidental taxes.

6.2 The dispatch costs that are incurred are not included in the purchase price. They can be called up via the relevant button on our website or in the relevant item description, are separately specified during the ordering process and must be borne by you separately, unless a free delivery has been agreed upon.

6.3 The payment methods that are available to you are  specified under a correspondingly-named button on our website, or in the respective product description.

6.4 Unless otherwise specified for the respective payment methods, the payment claims arising from the contract that has been concluded become payable immediately.

7. Delivery conditions

7.1 The delivery conditions, the delivery date and any potential delivery restrictions can be found under a correspondingly-named button on our website, or in the respective product description.

7.2 If you are a consumer, the following is statutorily regulated: The risk of the sold item accidentally being destroyed or degraded during shipping only passes over to you when the item in question is delivered, regardless of whether or not the shipping operation is insured. This condition does not apply if you have independently commissioned a transport company that has not been specified by us or a person who has otherwise been appointed to execute the shipping operation.

8. Statutory warranty right

8.1 The liability for defects associated with our goods is geared towards the ‘Warranty’ provision in our standard business terms (part I).

8.2 As a user, you are requested to promptly check the product for completeness, visible defects and transport damage as soon as it is delivered, and promptly disclose your complaints to us and the shipping company in writing.Even if you do not comply with this request, it shall have no effect on your legal warranty claims.

These SBTs and customer details were created by the lawyers specialising in IT law who work for the Händlerbund, and are constantly checked for legal conformity. Händlerbund Management AG guarantees the legal security of the texts and assumes liability in case warnings are issued. More detailed information can be found on the following website: http://www.haendlerbund.de/agb-service.

last update: 18.01.2023

Right of Withdrawal
Right of Withdrawal for Consumers 
(A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor related to their independent professional activity.)

Withdrawal Policy

Right of Withdrawal
You have the right to withdraw from this contract within one month without giving any reason.
The withdrawal period is one month from the day

- on which you or a third party designated by you, other than the carrier, took possession of the goods, provided that you ordered one or more items as part of a single order and they are delivered together;

- on which you or a third party designated by you, who is not the carrier, took possession of the last item, provided that you ordered multiple items as part of a single order and they are delivered separately;

- on the date on which you or a third party designated by you, who is not the carrier, took possession of the last partial shipment or the last item, provided that you ordered a single item that is delivered in multiple partial shipments or items;

To exercise your right of withdrawal, you must notify us (fourteam sport und fashion GmbH, Grosse Elbstrasse 131, 22767 Hamburg, Phone: 040-21092035, Email address: info@surfshoponline.de) of your decision to withdraw from this contract by means of a clear statement (e.g., the completed withdrawal form enclosed with the return shipment, a letter sent by mail, or an email). You may use the attached model withdrawal form for this purpose, though this is not mandatory.

To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period expires.

Consequences of Withdrawal

If you withdraw from this contract, we shall reimburse you for all payments we have received from you, including delivery costs (with the exception of additional costs resulting from your choice of a delivery method other than the cheapest standard delivery offered by us), without delay and no later than 14 days from the day on which we receive notification of your withdrawal from this contract. We will use the same payment method you used for the original transaction for this refund, unless expressly agreed otherwise with you; in no event will you be charged any fees for this refund.

We may withhold the refund for goods that can be shipped by parcel post until we have received these goods back or until you have provided proof that you have returned them, whichever comes first.

We will pick up the goods that cannot be shipped by parcel.

You must return the goods that can be shipped by parcel immediately and in any case no later than 14 days from the day on which you notify us of the cancellation of this contract to

Tekkno Trading GmbH - SSO
c/o Bursped Logistik Terminal
Moorfleeter Str. 40
22113 Hamburg

The deadline is met if you send the goods that can be shipped by parcel post before the 14-day period expires.

You shall bear the direct costs of returning goods that can be shipped by parcel post, as well as the direct costs of returning goods that cannot be shipped by parcel post. The costs for goods that cannot be shipped by parcel post are estimated at a maximum of approximately 50 EUR.

You shall only be liable for any loss in value of the goods if such loss in value is attributable to handling of the goods that is not necessary for the examination of their nature, characteristics, and functioning.

Grounds for Exclusion or Expiration

The right of withdrawal does not apply to contracts

- for the delivery of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive, or that are clearly tailored to the consumer’s personal needs;
- for the delivery of goods that are liable to spoil quickly or whose expiration date would be quickly exceeded;
- for the delivery of alcoholic beverages whose price was agreed upon at the time of conclusion of the contract, but which can be delivered no earlier than 30 days after the conclusion of the contract and whose current value depends on market fluctuations over which the business has no influence;
- for the delivery of newspapers, magazines, or periodicals, with the exception of subscription contracts.

The right of withdrawal expires prematurely for contracts

- for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene, if their seal has been broken after delivery;
- for the delivery of goods, if, due to their nature, they have been inseparably mixed with other goods after delivery;
- for the delivery of audio or video recordings or computer software in a sealed package, if the seal has been broken after delivery.