Exclusively presented by SURPLUS licensed retailers

General Terms and conditions of trade

§ 1 Area of application

The general terms and conditions apply for all the orders made in Online-Shop via the SURPLUS-Portal by

SURPLUS Textilien GmbH & Co. KG

Niehler St. 272

Germany, 50735 Cologne.

§ 2 Conclusion of a contract

(1)  SURPLUS Textilien GmbH&Co KG together with www.surplus.de provides the trading Platform for licensed dealers. Contracts of sales concluded through the platform take place between the Seller and you, the buyer. Surplus is not a contacting party but providing only the Platform for trading.  

(2)  By ordering through www.surplus.de you submit the binding offer to conclude the contract of sales. We can accept this offer by delivering the products to you. The confirmation of receipt of the order per email does not constitute the acceptance of the offer.

(3)  If our order confirmation contains spelling or printing mistakes or if our prices contain mistakes due to technically transmission errors, we are entitled to the challenge but we must prove our mistake to you. Already occurred payments will be immediately refunded to you.

§ 3 Privacy

Your personal data will be treated confidentially and in accordance with relevant provisions of the data protection laws. By providing us with your personal data, we are entitled the information necessary to execute the order in conformity with the data protection laws, especially Federal Data Protection Act, to save, process and disclose it to the third parties, as long as it is necessary for handling the transaction. Furthermore, (for example, for sending out the newsletters) we use your personal data if you agreed to this. The agreement granted by you can be revocated at any time.

§ 4 Prices, shipping and shipping costs

The listed prices should be applied during the order. The listed prices are the final prices. The prices are including the applicable value added tax and other price components. 

§ 5 Revocation

You can revoke your contract explanation without any statement of reasons in text form, therefore per letter or e-mail, or through return of the products within 14 days. The period begins with receipt of the products by the addressee and soonest one day after receipt of the recantation instruction in text form. (In the case of recurring deliveries not before the first part delivery is delivered) and also not before the fulfillment of our duties to inform due to article 246 § 2 in accordance with § 1 Abs. 1 and 2 EGBGB as well as our duties due to § 312e Abs. 1 Satz 1 BGB in accordance with article 246 § 3 EGBGB.

The timely dispatch of the revocation or the products shall be deemed sufficient for compliance with the revocation term.

The revocation should be sent to:

SURPLUS Textilien GmbH&Co KG
Niehler Str. 272
Germany, 50735 Cologne
Phone: +49 221 76 80 7 – 0
Fax: +49 221 76 80 7 – 55

§ 6 Revocation consequences

In case of an effective revocation, received benefits on both sides have to be back-granted and possible benefits have to be handed over if necessary (for example, interest). If you cannot back-grant us the received products completely or partially or only in a worse condition, you must provide us with an appropriate replacement in terms of value in this respect. This may result in you nevertheless having to satisfy the contractual payment obligations for the period up until revocation.

You have to provide the compensation for lost value if the deterioration of the products is led back exclusively to the examination of their characteristics and functionality, as it would have been possible in a usual store business. Products consignable by parcel shipment should be returned at our risk. You should bear the normal costs of refunding products, if the products delivered correspond to the order and the price of the refunding products do not exceed an amount of 40 euros or, in a case of a higher price, you have not provided yet the consideration or a contractually agreed part payment at the time of revocation. Otherwise, refunding the products will be free of charge for you. Products that are not consignable by parcel shipment should be picked up. The duties for the compensation of payments must be fulfilled within 30 days. This period begins with sending of your revocation and for us with its receipt.

§ 7 Delivery of the products, delivery time, retention of title

SURPLUS Textilien GmbH&Co KG delivers only to the customers within the Federal Republic of Germany. Delivery takes place immediately after the payment has been received.

The delivered products should remain the property of SURPLUS Textilien GmbH&Co KG until the full payment is received.


© SURPLUS Textilien GmbH & CO. KG.