Recipient terms

Translation. The German version is authoritative (section 10). This English text is provided for information; where the two differ, the German prevails.

Draft. sur.plus is in its founding phase. These terms describe how the platform works today and are pending review by external counsel.

1. Who these terms apply to

These terms govern the relationship between you as a recipient and Florian Lechner, Landsberger Straße 57, 82266 Inning am Ammersee-Stegen (“sur.plus”). They cover three groups:

a) Non-profit and public bodies: tax-privileged organisations (e.V., gGmbH, gUG, Stiftung) as well as public and church-run bodies such as schools, day-care centres and municipalities. Access is free, permanently. They may receive surplus as a donation in kind. The NGO Partner Agreement applies in addition.

b) Small and medium-sized businesses acting in the public benefit.

c) Private individuals running a public-benefit project. Where you act for purposes outside your trade or profession, you are a consumer (§ 13 BGB); sections 4 and 5 set out the additional protections that then apply.

2. What sur.plus does, and does not do

sur.plus is an intermediation platform. We verify recipients, record your needs, match them with available surplus, coordinate the handover and document it.

We never take ownership of the goods and are not a party to the transfer. Whether donation or paid transfer, the contract over the goods is concluded directly between the releasing company and you. Title, risk and warranty follow that relationship, not your relationship with sur.plus.

We do not owe a match. Whether your need can be served depends on what companies offer.

3. Admission and verification

We check your details before activation. What we need depends on your group. Non-profits: exemption notice (Freistellungsbescheid) or equivalent proof of tax-privileged status, legal personality, no ongoing sanctions or insolvency proceedings. Public and church-run bodies: proof of status. Small businesses: commercial register extract or trade registration plus evidence of public-benefit activity. Private individuals: evidence of your project, such as a public project presence, references from partners, or documented prior impact.

“Public-benefit activity” is our own criterion, not a statutory term. We take it to mean a concrete project with traceable activity whose benefit does not accrue predominantly to you. Good intentions alone are not enough.

Refusal and suspension. We may refuse admission or suspend an account where evidence is missing or incorrect, where the conditions cease to be met, or where section 6 is breached. We give reasons in text form and an opportunity to respond. You may object informally within 14 days to service@surpluspurpose.com and we will review the decision. Suspension for good cause may take effect immediately, with reasons following without delay.

The “verified” label confirms that the stated evidence was on file at the time of the check. It is not an assurance of your solvency, capacity or future use of resources.

4. Verification fee

For non-profit, public and church-run bodies, use is permanently free: no fees, no subscriptions, no commission on goods received.

Small businesses pay a one-off verification fee of € 25 net plus VAT where applicable. For private individuals the fee is € 10 as a total price including VAT, because pricing law requires a total price towards consumers. Access is free after the check. The fee concerns only your relationship with sur.plus and is not payment for goods.

Right of withdrawal for consumers. If you are a consumer you have a 14-day right of withdrawal for this contract. Details and the model withdrawal form are in the withdrawal instruction. If we begin the review at your express request before the period expires, you owe a proportionate amount for the service already provided should you withdraw.

5. Receiving goods

Donation in kind. Non-profit, public and church-run bodies receive surplus free of charge. You issue the donation receipt on your own responsibility. sur.plus prepares it: from the details recorded for the match, meaning type and quantity, the value applied, condition, handover date and the parties, we generate a pre-filled draft that you review, correct where needed and sign digitally. Accuracy and valuation remain your responsibility. In a gift, the releasing company is liable only for intent and gross negligence (§ 521 BGB).

Small businesses and private individuals. You too can receive goods free of charge where the releasing company offers them that way. No donation effect arises: it is not a deductible donation for the giver, and for you it may count as taxable income. The usual route is therefore a discounted transfer for a symbolic price against an invoice. The applicable route is stated in each offer. Clarify the tax treatment with your tax advisor; we do not advise on it.

In a paid transfer the seller is the releasing company, not sur.plus. Defect claims go to that company; we give you its full contact details before the contract is concluded and support the process.

As a consumer, the following applies in addition: statutory liability for defects may be shortened to one year for used goods but, under § 476(2) BGB, not excluded. As the contract is concluded at a distance, you have a 14-day right of withdrawal against the releasing company. That company provides the instruction before the contract is concluded; sur.plus supplies a model and flags it in the flow. Without a proper instruction, the withdrawal period is extended by law.

Goods are transferred used. Condition is described in the offer; check it before taking over. Transport costs are borne by the releasing company for donations, and stated in the offer for discounted transfers.

6. What we ask of you

Confirm receipt of allocated goods within five working days of delivery. Use goods received for the purposes stated at registration. Commercial resale is excluded, including for discounted goods, where the symbolic price rests on exactly that restriction. Respond to match notifications within 48 hours where possible. Tell us about material changes, meaning address, legal status, capacity, or the end of your public-benefit activity, within 14 days.

7. Product safety

We maintain a product safety contact point at service@surpluspurpose.com. Report safety defects in goods received; we forward the report to the releasing company and inform other recipients where the same goods may be affected. Used electrical equipment may trigger duties under ElektroG and battery law; the offer carries notes on this.

8. Your data

How we process your data is set out in the privacy policy. For verification we also process the evidence you submit. Please do not submit documents revealing more about you than the check requires, in particular no health, religious or political data, unless these are inherent to your project. Documents from rejected applications are deleted after six months unless a statutory retention duty applies.

You can export the message history for a match at any time as a file, with timestamps and participants. This is meant for organisations whose internal rules require them to keep their own record of correspondence.

9. Term and termination

The agreement starts on activation and runs indefinitely. Either side may terminate on 30 days’ notice in text form to service@surpluspurpose.com. The verification fee is not refunded pro rata on termination unless the termination is due to a reason for which we are responsible. Matches already confirmed are completed.

10. Law, venue and authoritative language

German law applies. If you are a consumer, mandatory provisions of your country of habitual residence remain unaffected and the statutory venues apply. If you are a merchant, the venue is Munich. We try good-faith negotiation first, write to service@surpluspurpose.com.

The German version is authoritative. This English version is a translation for information; in case of discrepancy the German text prevails.

Version 2026-08 · founding-phase draft, pending review by external counsel. Questions: service@surpluspurpose.com