General Terms and Conditions

(hereinafter referred to as “Stoked Zone” or “we/us”) and you (hereinafter referred to as “User”) when using of the Stoked Zone.

(2) Stoked Zone is a platform for surfers and companies that deals with surfing topics, enables users to exchange information and sell new and used surfing articles. The subject of the licence agreement with Stoked Zone is the use of the platform. The use of the platform requires an internet-enabled end device with up-to-date and functional browser software.

(3) These conditions apply to all users, regardless of whether they are entrepreneurs or consumers when using the platform. Our conditions apply exclusively. Deviating, conflicting or supplementary general terms and conditions of the company shall only become part of the contract if and insofar as we have expressly agreed to their validity. This requirement of consent applies in all cases.

2. Registration and procedure

(1) In order to use the platform, registration with a current e-mail address and the desired personal password, as well as the data requested in the input mask, is required. A prerequisite for registration is that the user is of legal age. If the user is a minor, he/she may only register with Stoked Zone with the consent of his/her legal guardian. In this case, Stoked Zone reserves the right to make the provision of services dependent on the presentation of proof of the consent of the legal guardian. Use is free of charge for private individuals. Companies are obliged to pay the commissions/fees specified below and on our website.

(2) By submitting the registration form, the user makes an offer to conclude a user agreement with Stoked Zone, with which he accepts the validity of the conditions and declares that he has taken note of the data protection declaration. Upon registration, Stoked Zone will send the user a clickable link for activation and setting a password by e-mail to the e-mail address provided by the user. Upon receipt of the confirmation e-mail, the user contract between the user and Stoked Zone is concluded. Use of the platform is only possible after clicking on the link. There is no entitlement to the conclusion of a licence agreement. Stoked Zone is entitled to refuse the publication of user profiles if the profile does not correspond to the specialisation of Stoked Zone, can be classified as a hacker attack or as a mass mailing of unsolicited advertising emails, advertising contributions in comments that have nothing to do with the topic, as well as chain letters or the reliability of the information has not been sufficiently proven. This also applies if the content to be published violates legal requirements, official prohibitions, the rights of third parties, common decency or the General Terms and Conditions of Stoked Zone.

(3) Upon successful registration, a user account is created for the user, which he can access using his e-mail address and the password he chose during registration. The password can be changed by the user at any time via the password-protected user area (“My account”). The transfer to third parties is not permitted. Users undertake to take the necessary measures to ensure the confidentiality of their account data and password and to keep their password secret. In the event of misuse of the account or suspicion thereof and in the event of misuse or loss of the password, Stoked Zone must be notified immediately. In such cases, Stoked Zone is authorised to block the account completely or temporarily.

(4) The user is obliged to provide the data collected during the registration of Stoked Zone truthfully and completely. If the data changes after registration, the user is obliged to update the data in the password-protected user area of Stoked Zone himself. Should users culpably provide misleading or untrue information, they are obliged to pay compensation if Stoked Zone suffers damage as a result of this untrue information. Users are also obliged to indemnify Stoked Zone against claims by third parties. Further claims, in particular claims for damages by third parties or claims for damages by potential contractual partners, remain unaffected.

(5) Stoked Zone may make the use of certain functions of the Stoked Zone services or the extent to which individual functions can be used dependent on the fulfilment of additional requirements, e.g. the provision of additional data, a check and verification of the user’s data (for commercial users), the duration of use, the type of use (private/commercial), the user’s previous payment behaviour and/or the submission of certain proof. However, Stoked Zone does not assume any guarantee for the information provided by the users.

(6) After activation of the profile by Stoked Zone, the users have the possibility to place adverts with Stoked Zone about articles or services to be sold or to offer products and services (commercial users). Stoked Zone itself is not the provider of the products/services advertised in the advertisements and is not liable for them in any way.

(7) Each user may only register once with the Stoked Zone for private and for commercial or freelance use (“commercial users”) of the Stoked Zone.

(8) Stoked Zone also reserves the right to test new or modified functions and features limited to certain user groups in order to improve the user experience, insofar as this is reasonable for users, taking into account the legitimate interests of Stoked Zone. This may lead to different displays for different users.

3. Commission/fees for commercial users (companies)

(1) In order to be able to publish offers (products, services, advertisements) on the platform operated by Stoked Zone, it is necessary for companies to conclude a membership contract to use the platform (see above). The remuneration to Stoked Zone takes the form of a commission or certain fees.

(2) The presentation and advertising of options on our website does not constitute a binding offer to conclude a contract.

(3) A contract is only concluded when Stoked Zone accepts the order of the company by a declaration of acceptance or when the service is provided.

(4) Upon conclusion of the contract, the company Stoked Zone undertakes to pay a commission/fee in accordance with the list on our website per brokered transaction. The calculation is based on the remuneration agreed between the customer and the company.

(5) The company is free in the design of the company profile, offers, contracts and their processing. However, the company is responsible for compliance with the statutory provisions and indemnifies Stoked Zone against all damages or claims by third parties due to violations.

4 Prices and payments

(1) The commission rates stated on the website are calculated on the gross final price of a product or service purchased by a user. The fees stated on the website are net prices and do not include VAT.

(2) Unless expressly agreed otherwise, payment shall only be made using the payment methods shown on the website. Membership can only be used after payment has been made.

(3) Payment processing is carried out via the provider Stripe. The terms and conditions of Stripe apply in addition The commission is automatically deducted or withheld from the final amount to be received for the company and paid to the Stoked Zone.

(4) companies are not entitled to set off against claims of Stoked Zone, unless the counterclaims have been legally established or are undisputed.

(5 ) If the company defaults on payment of the fee, Stoked Zone is authorised to deactivate the user account and associated advertisements until outstanding payments have been settled in full.

(6) Late payment by private users

5. Brokerage activities

Stoked Zone does not provide advice. However, users are provided with extensive ecommerce tools to help them find a suitable product quickly and easily. The service is purely a mediation of contacts between users. Stoked Zone cannot guarantee that the items offered by users on Stoked Zone are actually available. There is no entitlement for users to a successful mediation and no entitlement to the provision of a certain number of contract conclusions. Contracts concluded via the Stoked Zone platform are processed solely between the users themselves. Their terms and conditions apply. Each commercial user is therefore obliged to keep their own terms and conditions and cancellation policies and to store them in their own shop area of the Stoked Zone if necessary. For own offers of Stoked Zone (e.g. merchandise), the conditions in the own shop area of the Stoked Zone are binding.

6. License for the user’s content

(1) If the user provides content to Stoked Zone, he/she instructs Stoked Zone to store and host it and, if agreed, to make it accessible to third parties. We use user content in accordance with the agreement between users and Stoked Zone. By providing User Content to Stoked Zone, the User grants Stoked Zone a non-exclusive, perpetual licence for the duration of the Agreement to use such User Content for the purposes of providing the Services under the Agreement with Stoked Zone. This also includes the right to store, reproduce, format, (technically) process, transmit, make accessible and analyse and evaluate the content itself or through third parties. Stoked Zone is also entitled to store the data in an outage system or separate outage computer centre. Stoked Zone is also authorised to make changes to the structure of the data or the data format in order to rectify faults. Stoked Zone shall only publish the content uploaded by the users in the software and make it accessible to third parties to the extent that this is necessary for the purpose of the contract.

(2) Users warrant that they have all rights to the content uploaded by them to the Stoked Zone platform or that they have a licence for the content in order to grant Stoked Zone the rights in accordance with Section 6.1.

7. Duties of Stoked Zone

(1) The services offered by Stoked Zone are subject to continuous further development, which may change from time to time to a reasonable extent. Stoked Zone reserves the right to discontinue the provision of the services temporarily or permanently (or functions within the services) for individual or all users. Stoked Zone will give you reasonable advance notice of any changes or restrictions to the Services.

(2) Stoked Zone is not liable for the loss of data due to any technical failure or cancellation of services.

(3) The availability of the platform is 98% on an annual average. This does not include periods in which the servers are unavailable due to routine and previously announced maintenance work or faults beyond the control of Stoked Zone.

(4) Stoked Zone shall only pass on the products, services and advertisements offered, including the information contained therein about users and other information from the Stoked Zone services, to third parties or provide third parties with access to this information if this is necessary for the provision of the contractual service or if Stoked Zone is legally or contractually authorised to do so.

8. Obligations of users / terms of use

(1) Users are prohibited from using the platform software and the Stoked Zone services for purposes other than their own personal or professional/commercial purposes, in particular not for other commercial purposes, without the express authorisation of Stoked Zone.

(2) Users are expressly prohibited from

– to smuggle viruses, Trojans, worms or other malicious code onto the platform or attempt to do so,

– hack, manipulate or attempt to hack the platform’s software,

– use scripts and other automatable or semi-automatable processes to utilise the platform,

– bypass or attempt to bypass the platform’s security functions.

– rent or otherwise commercially exploit, sub-licence or otherwise make available to third parties any User Account, unless expressly permitted by Stoked Zone.

(3) The posting of adverts, texts, images, or other content that violate statutory provisions, these conditions, the rights of third parties or morality is prohibited. In particular, it is prohibited to post content,

– that violate copyright, trademark and competition law regulations or statutory provisions for the protection of minors,

– that violate Stoked Zone’s prohibited content policy, or

– which contain untrue statements or are otherwise misleading.

(4) Users are obliged to back up and archive on their own storage medium all data and information stored within the Stoked Zone services that they currently require or may require in the future for the purposes of preserving evidence, accounting or other purposes.

(5) The user is obliged to place each offer or advert in the appropriate category and to describe the respective offer truthfully, stating all relevant features and characteristics in words and meaningful images. The user is obliged to check all entries. Newly posted products, services and adverts are subject to an approval process by the Stoked Zone and will be activated as quickly as possible if all conditions have been met.

9. Deletion/non-publication of adverts, blocking of users, other measures

(1) Stoked Zone reserves the right to delete all or part of the advertisements or other content posted on the Stoked Zone platform by users or to delay or refuse the publication of advertisements or other content of the user if there are concrete indications that the advertisement or content violates these conditions or legal requirements, or in the event of a culpable breach of the user’s contractual obligations. In such a case, Stoked Zone may warn the user and/or temporarily or permanently exclude the user from using the Stoked Zone platform. In the event of a temporary or permanent suspension, Stoked Zone shall inform the user of this circumstance in good time before the suspension takes effect and provide reasons for this on a durable medium (e.g. e-mail), provided that there are no compelling reasons to the contrary.

(2) If a user has been excluded from using the Stoked Zone platform by Stoked Zone or if the user contract with the user has been terminated, the user is prohibited from using the Stoked Zone platform with other user accounts, including user accounts created for third parties, and from registering with Stoked Zone again.

10 Termination and cancellation

(1) The parties are authorised to terminate the user contract in text form at any time without giving reasons and to delete the user account.

(2) If the contract is terminated by the user or by Stoked Zone, the personal user data (including name, e-mail, telephone number, messages, uploaded files) will be archived by Stoked Zone. The user account will be permanently deleted at the latest six (6) months after termination of the contract. This does not apply if Stoked Zone requires the relevant data to enforce claims against users or if statutory retention obligations exist.

(3) Any outstanding payments shall be settled in an orderly manner beyond the termination of the contract of use and shall also be payable to Stoked Zone after termination if they were incurred prior to the cancellation.

(4) When the cancellation takes effect, the contractual relationship ends, and the user can no longer use his/her access. Stoked Zone reserves the right to block the username and password when the cancellation takes effect.

11. Liability

(1) Stoked Zone assumes no liability for offers of the users on the marketplace of Stoked Zone, as well as in product descriptions, blogs, comments, or other media of Stoked Zone. The adverts and other content and comments published by users in the Stoked Zone classified ad services do not reflect the opinion of Stoked Zone and are not checked by Stoked Zone for their legality, accuracy, and completeness. Furthermore, no liability is assumed for links on the Stoked Zone and their contents – this applies to our own links and to links of third parties.

(2) Stoked Zone accepts no responsibility for data material, advert texts or related storage media supplied and is not obliged to store or return them. Deletion after the end of the contract shall take place in accordance with the statutory provisions.

(3) Stoked Zone is liable for material defects or defects of title in accordance with the applicable statutory provisions.

(4) Stoked Zone is liable to users in all cases of contractual and non-contractual liability for intent and gross negligence in accordance with the statutory provisions for damages or reimbursement of futile expenses.

(5) In other cases, Stoked Zone shall only be liable – unless otherwise regulated – in the event of a breach of a contractual obligation, the fulfilment of which is essential for the proper execution of the contract and on the observance of which you may regularly rely (so-called cardinal obligation), limited to compensation for foreseeable and typical damage. In all other cases, our liability is excluded subject to deviating regulations.

(6) Liability for damages resulting from injury to life, body, or health and under the Product Liability Act remains unaffected by the above limitations and exclusions of liability.

(7) The limitations of liability apply accordingly in favour of the employees, representatives, and vicarious agents of Stoked Zone.

12. Data protection

Stoked Zone provides information about the processing of personal data by Stoked Zone, including the transfer to third parties and the rights of the user as a data subject, in the privacy policy. The privacy policy can be viewed at the following link: https://stokedzone.surf/datenschutzerklaerung/

13. Amendment of the conditions

Stoked Zone reserves the right to amend these General Terms and Conditions at any time and without stating reasons. You will be notified of the amended General Terms and Conditions in text form by e-mail at least two weeks before they come into force. The amended General Terms and Conditions shall be deemed to have been accepted if you do not object to them within two weeks of receipt of the notification. When notifying you of the amended General Terms and Conditions, Stoked Zone will draw your attention to the deadline and the consequences of not raising an objection.

14. Copyrights

We have copyrights or corresponding rights of use to all images, films and texts published on our website. Use of the images, films and texts is not permitted without our express consent.

16 Use of QR codes

(1) Stoked Zone uses dynamic QR codes in the course of marketing campaigns, in which participants in the campaigns (e.g. competitions) scan the QR code via a terminal device and are then directed to one of the Stoked Zone websites. 

(2) Stoked Zone accepts no liability or claims if the QR code scanning does not work for technical reasons.

15 Dispute resolution, applicable law and place of jurisdiction

(1) We do not participate in any dispute resolution proceedings before a consumer arbitration board within the meaning of the Consumer Dispute Resolution Act.

(2) The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. If you have placed the order as a consumer and have your habitual residence in another country at the time of your order, the application of mandatory legal provisions of this country shall remain unaffected by the choice of law made in sentence 1. 

(3) If you are a merchant, the exclusive place of jurisdiction is the registered office of Stoked Zone. Otherwise, the applicable statutory provisions shall apply to local and international jurisdiction.