Conditions

Please find the legally binding version ‘AGB’ in German here: https://fobe.me/agbs

Terms and Conditions (GTC")

Below you will find our General Terms and Conditions ("GTC"). These General Terms and Conditions ("GTC") apply to every order.

A. Preliminary Regulations

1. Scope

1.1 Fobe.me GmbH (“parent company") operates for the Fobe.me group under its own responsibility https://www.fobe.me a website ("site"). Through the website, customers can buy luxury handbags ("bags") from Fobe.me Fintec GmbH "fobe"). Customers can also buy the bags from Fobe, but the sale does not take place via the website, but is agreed by email between Fobe and the customer. Contractual partner of the customer in relation to the rental or purchase of a luxury handbag becomes exclusively fobe.

1.2 These General Terms and Conditions (“Conditions") apply to all rental contracts concluded between Fobe and a customer ("leases") and/or the purchase ("sales contracts") of bags.

1.3 Fobe only offers the rental and sale of bags to consumers as customers. According to Section 13 of the German Civil Code, a consumer is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed. Subject to clause 1.4, the GTC therefore only apply to consumers.

1.4 In exceptional cases, Fobe also offers the rental and sale of bags to entrepreneurs as customers; in this case, the terms and conditions also apply with the exception of items 7, 20 and 31. According to § 14 BGB, an entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.

1.5 Deviating or supplementary regulations of the customer, in particular the customer's general terms and conditions, do not apply, even if Fobe does not expressly object to their inclusion.

1.6 The regulations in parts A, B and D of the GTC apply if the customer and Fobe conclude a rental agreement.

1.7 The regulations in parts A, C and D of the GTC apply if the customer and Fobe conclude a sales contract.

2. Information about Fobe as a contractual partner of the customer

The customer's contractual partner under a rental and/or purchase agreement will:

Fobe.me Fintec GmbH
c/o Factory Works GmbH
Lohmühlenstraße 65
12435 Berlin

Telephone: 01627120920

Email: hello@fobe.me
Seat: Berlin

Management: Marlena Dietz, Anton Wochmanin

3. contract transfer

3.1 Fobe.me Fintec 1 UG (limited liability) and Fobe (the contractual partner under the terms and conditions) (together "Fintecs") are subsidiaries established by the parent company for financing purposes.

3.2 Fobe uses the parent company to fulfill and process the contract.

3.3 Fobe is entitled to transfer a rental agreement to Fobe.me Fintec 1 UG (limited liability) or the parent company ("contract transfer"); the customer already gives his consent to the contract transfer upon conclusion of the rental contract. In the event of a contract transfer, Fobe.me Fintec 1 UG (limited liability) or the parent company takes over all rights and obligations from the rental contract instead of Fobe in enters the rental contract with the customer Fobe will inform the customer in text form (e.g. by e-mail) which of the above-mentioned companies will be the customer's contractual partner.

3.4 After the contract has been accepted, the customer has a new contractual partner, but otherwise nothing changes for the customer. The parent company has concluded servicing contracts with Fintecs, according to which the parent company is responsible for processing the respective contract. In any case, the parent company is the contact person for the customer.

B. Rental of bags

The following regulations in this part B apply in addition to the regulations in parts A and D if the customer and Fobe conclude a rental agreement.

4. general

4.1 The basic requirement for the customer to be able to rent bags from Fobe is that the customer registers on the website and concludes a rental agreement with Fobe. Item 5 applies to registration and the conclusion of the contract.

4.2 Fobe offers the following subscription models (“subscriptions") on:

IT Box ("IT subscription")
Most Wanted Box ("Most Wanted subscription")
Your Style Box ("Your Style subscription")
Premium ("Premium subscription")
Unlimited ("Unlimited subscription")

4.3 Under the IT subscription, Most Wanted subscription and Your Style subscription, the customer can select several bags for rent. The selected bags will be exchanged for one another at regular intervals during the term of the contract at Fobe's discretion.

4.4 With the Unlimited subscription, the customer can initially rent a bag and exchange it for another bag of his choice at regular intervals during the contract period, provided this is available. With the Premium subscription, the customer can initially rent a bag and exchanges newly selected bags in regular intervals during the term of the contract.

4.5 Depending on the selected subscription, different product ranges, usage fees and terms apply.

4.6 The customer can find out more details about the available subscriptions on the website.

5. Registration; conclusion of the rental agreement

5.1 The presentation of the bags on the website is for informational purposes, which means it does not represent a binding offer to conclude a rental agreement.

5.2 The ordering process leading to the conclusion of the contract includes the following steps:

5.3 As part of the registration, the customer must first provide the required data and documents correctly and completely. In particular, the customer must:

(a) select the desired subscription;
(b) for the IT Subscription, Most Wanted Subscription and Your Style Subscription, select the bag to be delivered to him during the Contract Term;
(c) select the bag that is initially to be delivered to the customer for the unlimited subscription or premium subscription;
(d) provide their name, e-mail address and a password for their future customer account (“customer account") determine;
(e) provide its delivery address;
(f) indicate the desired payment method; such as
(g) confirm that he/she has taken note of the GTC.

5.4 By clicking on the "Order now with obligation to pay" button, the customer accepts the validity of the General Terms and Conditions, completes the registration and sends his binding offer to conclude a rental contract for the selected subscription to Fobe. Before that, the customer is given the details of his order on a Overview displayed.With the help of the change button, the customer can correct his information.

5.5 After submitting his offer, the customer immediately receives an automatic confirmation of receipt of his offer by e-mail. This confirmation email does not constitute acceptance of the offer by Fobe.

5.6 A rental agreement between the customer and Fobe comes into effect when Fobe declares its acceptance of the offer to the customer in a further email. Fobe can declare its acceptance within 14 days after receipt of the relevant offer.

5.7 In order to prevent or rule out fraud, Fobe is entitled, before accepting the offer, to require the customer to present an ID and a confirmation of registration to ensure that this is a real person. Should the customer fail to provide these documents, Fobe will reject the customer's offer.

5.8 The registration and the conclusion of the contract take place in German or English, at the choice of the customer.

5.9 The text of the contract is saved by Fobe for documentation purposes. The text of the contract, including the General Terms and Conditions, can be seen by the user in the confirmation email and can be saved by the customer in a reproducible form.

5.10 The customer has no right to register and conclude a rental agreement.

5.11 If the bags selected by the customer are not available, Fobe can refuse to conclude the contract. Fobe will inform the customer about this in text form (e.g. by e-mail). The customer can then select other bags and make another offer to Fobe to conclude a rental agreement.

5.12 Registration and conclusion of the contract can only be carried out by natural persons who are of legal age and have full legal capacity. Registration and conclusion of contract can also be carried out by a legal entity or partnership. In this case, registration and conclusion of contract may only be carried out by a natural person who is authorized to represent this legal entity or partnership or by a person authorized by them, who must be named.

5.13 Fobe will process the customer's personal data collected during registration and as part of the conclusion of the contract in accordance with its data protection declaration (see section 29).

6. customer account

6.1 After the conclusion of the contract, the customer account is created for the customer and the customer can access the customer account with his access data (e-mail address and password).

6.2 The customer receives access to Fobe's "virtual wardrobe" via the customer account and can manage his subscription. The customer receives the delivery status by e-mail upon dispatch. To request an exchange in the unlimited subscription, the customer sends an e- mail to hello@fobe.me with his new bag wish. With the It-Box, Your Style Box and Most Wanted Box, the Fobe team automatically informs them about the exchange via email.

7. Right of Withdrawal

The customer is entitled to the following right of withdrawal with regard to a rental agreement.

revocation instruction

right of withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the day the contract was concluded. In order to exercise your right of withdrawal, you must send us (Fobe.me GmbH, Lohmühlenstraße 65, 12435 Berlin, phone: 01627120920, e-mail: hello@fobe.me) a clear statement (e.g. a letter sent by post or an e-mail) about your decision to withdraw from this contract.

You can use the attached sample revocation form for this, but this is not mandatory. To meet the cancellation deadline, it is sufficient for you to send the communication regarding your exercise of the right of cancellation before the cancellation period has expired.

Consequences of revocation

If you revoke this contract, we have paid you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us have), immediately and at the latest within fourteen days from the day on which we received the notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged fees for this repayment.

You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you inform us of the cancellation of this contract. The deadline is met if you send back the goods before the period of fourteen days has expired. You bear the direct costs of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

If you have requested that the services should begin during the cancellation period, you must pay us a reasonable amount that corresponds to the proportion of the services already provided up to the point in time at which you informed us of the exercise of the right of cancellation with regard to this contract compared to the total scope of the services provided for in the contract.

Sample cancellation form

(If you want to revoke the contract, please fill out this form and send it back.)

- To Fobe.me GmbH, Lohmühlenstraße 65, 12435 Berlin, telephone: 01627120920, e-mail: hello@fobe.me:
- I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
- Ordered on (*)/received on (*)
- Name of consumer(s)
- Address of the consumer(s)
- Signature of the consumer(s) (only if notification is made on paper)
- Date __________
(*) Delete where not applicable.

8. Delivery of the bags

8.1 The bags are delivered in accordance with clause 25.

8.2 Subject to clause 8.3, the delivery and shipping costs are included in the monthly usage fee (see clause 12).

8.3 In the case of an extra exchange (see clause 9.5), Fobe can charge the customer additional delivery and shipping costs.

9. exchange of bags

9.1 With the IT subscription, Most Wanted subscription and Your Style subscription, the bags are exchanged as follows:

(a) An exchange takes place automatically every eight (8) weeks after the start of the contract, usually on 25. of the calendar month provided that the bag currently in the Customer's possession (“Current bag") is within the return period ("return period"). Fobe will inform the customer in good time in advance by e-mail if an exchange is to take place and the return period.
(b) Fobe exchanges the current bag for another bag (“new bag") selected by the customer when the contract was concluded. Fobe will determine the order in which the bags selected by the customer are exchanged at its sole discretion. The new bag will be sent no later than 01 of the following month.
(c) Clause 9.3 also applies to the return of the current bag.
(d) Clause 25 applies to the delivery of the New Bag.

9.1.1 With a premium subscription, the bags are exchanged as follows:

(a) An exchange takes place automatically every eight (8) weeks after the start of the contract, usually on the same calendar day the contract initially started, provided that the bag currently in the Customer's possession (“Current bag") is within the return period ("return period"). Fobe will inform the customer in good time in advance by e-mail if an exchange is to take place and the return period.
(b) Fobe exchanges the current bag for another bag (“new bag") newly selected by the customer during the selection period. In case the customer does not make a selection during the selection period, Fobe can choose the new bag at its sole discretion. The new bag will be sent no later than 1 day after the calendar day of the initial contract start day in the relevant exchange month.
(c) Clause 9.3 also applies to the return of the current bag, if there are no differing regulations in Clause 9.1.1.
(d) Clause 25 applies to the delivery of the New Bag.

9.2 With an unlimited subscription, the bags are exchanged as follows:

(a) After the start of the contract, the customer can request an exchange of the current bag for a new bag by email every two (2) months by sending an email to hello@fobe.me with his new bag request ("exchange request"). The customer does not have to carry out an exchange, but can also use his current bag during the entire contract period.
(b) The corresponding exchange is only possible if the New Bag selected by the customer is currently available; the customer has no right to certain bags being available at all times. If a new bag selected by the customer is not available, Fobe will inform the customer of this in text form (e.g. by e-mail) and the customer must select another available bag.
(c) After the exchange request has been successfully checked, the customer will receive an e-mail confirming the exchange. After receiving this confirmation email, the customer must return the current bag to Fobe within the return period. The return period is three (3) business days.
(d) The New Bag will be reserved for the Customer during the Return Period. If the current bag is not returned within this period, the exchange expires and is only possible again after a further two (2) months.
(e) Clause 9.3 also applies to the return of the current bag.
(f) Clause 25 applies to the delivery of the New Bag.
(g) If the customer wishes to exchange the new bag for another bag, the above provisions of this clause 9.2 apply accordingly.

9.3 The following applies to returns:

(a) The customer must return the current bag to Fobe within the return period applicable to the respective subscription. Fobe bears the costs of the return.
(b) The customer must use the return label provided by Fobe via email for the return; If the customer does not use this return label and the current bag is lost in transit, the customer may be liable for the loss of the current bag.
(c) The return has been made on time if the customer has handed over the current bag to the responsible shipping service provider using the return label within the return period applicable to the respective subscription.
(d) Customer shall return the Current Bag in the condition in which it was received from Fobe. If the current bag does not correspond to this condition when it is received from Fobe, the customer is liable to Fobe in accordance with the statutory provisions. Number 15.2 remains unaffected.
(e) If the customer does not return all parts of the current bag (e.g. without accessories, dust bag, straps) within the return period, Fobe is entitled to demand an amount of 50.00 euros from the customer as lump-sum compensation; the assertion of higher damages remains unaffected and depends on the missing accessories and the possibility of replacing them. If the accessories cannot be replaced, Fobe is entitled to invoice the customer for the bag. The customer is entitled to prove that Fobe has incurred no or less damage. The customer also has the right to return the missing accessories to Fobe. For this purpose, Fobe will provide the customer with a shipping label, whereby the customer must pay the shipping costs. This clause 9.3 (e) does not apply if the customer is not responsible for the incomplete return shipment.
(f) If the customer does not send the current bag back to Fobe or does not return it in good time and Fobe has set the customer a deadline for the return without success ("grace period"), Fobe is entitled to require the customer to pay a contractual penalty of 19 euros ("penalty"). The assertion of further damage by Fobe remains unaffected. However, the contractual penalty is to be offset against further damage compensation. This clause 9.3 (f) does not apply if the customer is not responsible for the failure to return the goods or for the fact that the goods were not returned on time or in the event of an incomplete return In the event of an incomplete return, clause 9.3 (e) applies exclusively.
(g) The contractual penalty may increase under the following conditions:
- The penalty increases to 48 euros if the customer has still not returned the bag to Fobe within three (3) working days after the end of the grace period.
(h) If the current bag is not returned within the grace period, the customer is no longer entitled to an exchange and would receive exactly this back if the bag was returned later.
(i) If the Customer returns the Current Bag undamaged and complete within the Returns Period and Fobe finds it in the same condition category as when it was delivered to the Customer, the Customer may receive benefits in the form of discounts and other credits. Fobe will point this out to the customer separately. However, there is no entitlement to receive such benefits.

9.4 Fobe will only deliver the respective new bag to the customer after receipt of the respective current bags.

9.5 In individual cases, the customer and Fobe can also agree on an earlier exchange of bags ("additional exchange"). An extra exchange is chargeable for the customer.

10. Customer Obligations

10.1 The customer must treat the bags with care and care. In this context, he must observe any care instructions or care instructions from Fobe.

10.2 The customer must store the bags (including any accessories) appropriately and protect them from harmful external influences (e.g. extreme solar radiation).

10.3 If the bags are lost or damaged, the customer must immediately inform Fobe of the details of the event in text form (e.g. by e-mail).

10.4 The customer is not allowed to use the bags:

(a) to change, write on, paint or otherwise make optical changes; or
(b) to sell, pledge, assign as security, lend or rent or in any other way allow third parties to use it.

10.5 The customer must inform Fobe immediately in text form (e.g. by e-mail) of any changes to the personal data provided during registration, in particular his delivery address.

10.6 The customer must keep his access data for the customer account secret and change his password at regular intervals. Passing on the access data, in particular the password, to third parties is not permitted. If the customer knows or suspects that a third party knows or uses his access data, the customer must inform Fobe of this immediately by e-mail and change the password accordingly. The customer is liable for misuse of the access data by third parties insofar as he is responsible for this.

11. Property

11.1 The bags remain the property of Fobe or a Fintec.

11.2 In the event of compulsory seizure and other impairments to the owner interests of Fobe or a Fintec by third parties, the customer must point out that the bags are owned by third parties and inform Fobe of such impairments in writing without delay.

12. User fee and terms of payment

12.1 The customer has paid the usage fee agreed in the rental agreement for the selected subscription (“usage fee") to pay.

12.2 The user fee is in euros including the applicable statutory VAT.

12.3 Fobe offers the customer the following means of payment:

Credit card; and
Paypal

Additional general terms and conditions of the respective payment service provider may apply to the use of these means of payment.

12.4 The usage fee for the IT subscription, Most Wanted subscription and Your Style subscription is due for payment as follows:

(a) The user fee is due for payment immediately upon conclusion of the contract.
(b) The usage fee is then due at 15. of each calendar month in advance for the following calendar month.

example: Contract concluded on 29.08.2022. In this case: The user fee is due for payment for the first time on 29.08.2022. The usage fee is then due for payment on 15.09.2022 for the month of October and on 15.10.2022 for the month of November etc.

12.4.1 The usage fee for the premium subscription is due for payment as follows:

(a) The user fee is due for payment immediately upon conclusion of the contract.
(b) The usage fee is then due for payment monthly in advance at the beginning of the respective contract month for the next contract month.

Notice: A contract month does not have to correspond to a calendar month. A contract month could, for example, also cover the period from 29.08. to 28.09.

Example: Contract concluded on 29.08.2022. In this case: The usage fee is due for payment for the first time on 29.08.2022. The usage fee is then due for payment on 29.09.2022 for the period up to 28.10.2022 (= contract month) and on 29.10.2022 for the period up to 28.11.2022 (= contract month) etc.

12.5 The usage fee for the unlimited subscription is due for payment as follows:

(a) The user fee is due for payment immediately upon conclusion of the contract.
(b) The usage fee is then due for payment monthly in advance at the beginning of the respective contract month for the next contract month.

Notice: A contract month does not have to correspond to a calendar month. A contract month could, for example, also cover the period from 29.08. to 28.09.

12.6 If the customer is in default of payment, Fobe is entitled to the statutory rights. In particular, Fobe is entitled to refuse the delivery of bags.

12.7 The user fee is to be paid regardless of the actual period of use of the bags and will not be reimbursed if the customer voluntarily sends the bags back to Fobe for replacement before the end of the agreed time or the end of the contract period. In this case, there is no entitlement to partial reimbursement or offsetting.

13. condition of bags; maintenance

13.1 Fobe rents out the bags in the condition in which the bags are available from Fobe. These can be new or used bags with signs of wear. In any case, Fobe will provide the customer with the bags in a condition suitable for contractual use. In addition, the customer has no right to a specific condition of the bags.

13.2 Fobe is responsible for maintaining the condition of the bag in accordance with statutory regulations.

14. Defect rights in the rent

14.1 In the event of defects in the bags, the customer is entitled to the statutory warranty rights, unless otherwise agreed in this clause 14.

14.2 The customer must notify Fobe of defects immediately in text form (e.g. by e-mail).

14.3 In the event of defects in the bags, Fobe shall only be liable to the customer for damages if it is at fault; § 536a para. 1 1. Var. BGB does not apply. Any claims for damages by the customer due to defects in the bags are limited in accordance with clause 26.

15. Liability of the Lessee; Insurance

15.1 In the event of loss of or damage to the bags, the customer shall be liable in accordance with the statutory provisions, unless otherwise agreed below.

15.2 Changes or deterioration of the bags caused by the contractual use, the customer has in accordance with § 538 BGB in principle not to represent.

15.3 The rental contract with "FOBE CARE" includes free insurance for the customer through the partner Hepster (MOINsure GmbH). "FOBE CARE" insures the bags against various damages. The customer can find out which damages are insured by "FOBE CARE" ("Insured Damages") athttps://fobe.me/fobecare. Therefore, the following limitation of liability applies in favor of the customer:

15.4 If damage occurs to a bag during the transfer of use to the customer, for which the customer is responsible, and if this damage is Insured Damage, the customer's liability is limited to an excess of 10% of the market value of the bag concerned. Fobe is entitled to collect the deductible in full upon discovery of damage and to refund any difference to the customer after repair.

If damage occurs to a bag while it is being provided to the customer for which the customer is responsible, and if the damage is insured, the customer's liability is limited to a deductible of 10% of the market value of the affected bag. Fobe is entitled to collect the deductible in full if damage is detected and to refund any difference to the customer after the bag has been repaired. If the bag is returned to Fobe heavily soiled and this is not covered by insurance, Fobe may charge a cleaning fee of EUR 39.00; the right to claim higher damages remains unaffected.

15.5 The foregoing limitation of liability shall not apply (a) in cases of intent or fraudulent misconduct on the part of the customer, (b) the loss of a bag, or, (c) if the customer has failed to properly notify Fobe of the damage in accordance with Section 10.3.

16. Term and Termination

16.1 The rental agreement begins:

(a) For the IT subscription, Most Wanted subscription and Your Style subscription, on the first of the calendar month following the month in which the contract was concluded, provided the contract was concluded before the cut-off period. The "Cut off period" starts 3 calendar days before the end of the month. For rental contracts that are concluded after the cut-off period, the rental contract begins on the first of the calendar month following the second month in which the contract was concluded.
Example: The contract is concluded on 29.08.2022, in this case the lease begins on 01.10.2022.
Example: The contract is concluded on 27.08.2022, in this case the lease begins on 01.09.2022.
(b) In the case of an unlimited and premium subscription with the conclusion of a contract.
(c) Example: The contract is concluded on 29.08.2022, in this case the lease begins on 29.08.2022.

16.2 The following terms apply:

(a) With the IT subscription, Most Wanted subscription and Yor Style subscription, the lease is for an initial term of six (6) months from the start of the lease ("Initial Term") closed.
(b) With the unlimited subscription, the rental contract is concluded for an indefinite period.
(c) With the premium subscription, the rental contract is concluded for an initial term of six (6) or twelve (12) months from the start of the contract ("Initial Term").

16.3 The rental agreement can be terminated by Fobe or the customer as follows:

(a) With the IT subscription, Most Wanted subscription, premium subscription and Your Style subscription, the rental contract can be terminated with a notice period of 30 days to the end of the initial term.
(b) If no cancellation is made, the respective subscription is automatically extended by a further six (6) months (each a "extension period"), and may be terminated by giving 30 days' notice to the end of the applicable renewal period.
(c) The customer and Fobe can agree on a change of the customer to another subscription during the respective renewal period.
(d) In the case of an unlimited subscription, the rental contract can be terminated with a notice period of two (2) months to the end of a contract month.

16.4 The right of the customer and of Fobe to terminate the rental contract extraordinarily for good cause remains unaffected.

16.5 For Fobe there is an important reason for the extraordinary termination of the rental agreement, in particular if:

(a) the customer with the IT subscription, Most Wanted subscription, premium subscription or Your Style subscription (i) for two (2) consecutive calendar months with the payment of (1) the usage fee or (2) a not inconsiderable part thereof is in arrears or (ii.) is in arrears with the payment of the usage fee for a period of more than two (2) calendar months in the amount of the amount of the usage fee for two (2) calendar months reached;
(b) the customer is in arrears with the unlimited subscription (i) for two (2) consecutive contract months with the payment of (1) the usage fee or (2) a not inconsiderable part thereof or (ii.) is in arrears with the payment of the usage fee for a period that extends over more than two (2) contract months in an amount that corresponds to the amount of the usage fee for two (2) contract months; or
(c) the customer violates his obligations under clause 10.

16.6 Extraordinary termination for important reasons is only permissible in the event of breaches by the customer of his obligations under clause 10 after a reasonable period set for remedy has expired without success or after an unsuccessful warning, unless (a) a period or warning is obviously promised no success or (b) the immediate termination is justified for special reasons after weighing the interests of both parties.

16.7 Fobe can give notice of termination in text form (e.g. by e-mail).

16.8 Cancellation by the customer can be in text form (e.g. by email) or on the website via the customer account by clicking on the "Cancel contract here" button.

16.9 If the customer continues to use the bags after the end of the contract, clause 17.2 applies.

16.10 The customer's right to revoke a rental agreement in accordance with clause 7 remains unaffected.

17. Consequences of the termination of the rental agreement

17.1 After the termination of the rental agreement:

(a) The Customer must return the bags (including accessories) still in his possession to the address provided by Fobe. Point 9.3 applies accordingly to the return.

17.2 If the customer continues to use the bags after the end of the contract, the rental contract will continue unchanged under the previous conditions, unless Fobe objects to the extension in text form (e.g. by e-mail) within one (1) week after termination of contract. If the rental contract is continued, it can be terminated in accordance with the termination regulations applicable to the respective subscription (see section 16).

C. Sale of Bags

The following regulations in this part B apply in addition to the regulations in parts A and D if the customer and Fobe conclude a sales contract.

18. general

18.1 The basic requirements for buying a bag are that the customer is already a registered customer, has concluded a rental agreement with Fobe and has a customer account.

18.2 The customer is under no obligation to purchase bags from Fobe.

19. conclusion of contract

19.1 The conclusion of the contract comprises the following steps:

(a) The customer can contact Fobe via email if they wish to purchase a bag.
(b) In this case, Fobe will email the customer information on available bags and prices. This e-mail is not an offer to the customer to conclude a purchase contract. It is purely informational and non-binding.
(c) On the basis of this e-mail, the customer can submit an offer to Fobe to conclude a sales contract by e-mail.
(d) Fobe may accept this offer within 14 days of receipt by email.
(e) The purchase contract between the customer and Fobe comes into effect upon receipt of this declaration of acceptance.

19.2 Fobe provides the customer with the content of the purchase contract, including the General Terms and Conditions, on a durable medium (e.g. by letter or e-mail) after the conclusion of the contract, but no later than upon delivery of the bags.

19.3 The customer has no right to conclude a sales contract.

20. Right of Withdrawal

The customer is entitled to the following right of withdrawal with regard to a purchase contract.

Right of withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason.

The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier took possession of the goods.

In order to exercise your right of withdrawal, you must send us (Fobe.me GmbH, Lohmühlenstraße 65, 12435 Berlin, phone: 01627120920, e-mail: hello@fobe.me) a clear statement (e.g. a letter sent by post or an e-mail) about your decision to withdraw from this contract. You can use the attached sample revocation form for this, but this is not mandatory.

To meet the cancellation deadline, it is sufficient for you to send the communication regarding your exercise of the right of cancellation before the cancellation period has expired.

Consequences of revocation

Sample cancellation form

(If you want to revoke the contract, please fill out this form and send it back.)

- To Fobe.me GmbH, Lohmühlenstraße 65, 12435 Berlin, telephone: 01627120920, e-mail: hello@fobe.me:
- I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
- Ordered on (*)/received on (*)
- Name of consumer(s)
- Address of the consumer(s)
- Signature of the consumer(s) (only if notification is made on paper)
- Date __________
(*) Delete where not applicable.

21. Delivery and Passing of Risk

21.1 The bags are delivered in accordance with clause 25.

21.2 The risk of accidental loss and accidental damage to the bags passes to the customer upon delivery of the bags to the customer.

22. Prices and terms of payment

22.1 The purchase price agreed in the purchase contract ("purchase price").

22.2 The purchase price is in euros and includes the applicable statutory VAT.

22.3 If agreed in the purchase contract, additional delivery and shipping costs are incurred.

22.4 The purchase price (including any delivery and shipping costs) is due for payment immediately after conclusion of the contract.

22.5 Payment is made using the means of payment agreed in the purchase contract.

22.6 If the customer is in default of payment, Fobe is entitled to the statutory rights. In particular, Fobe is entitled to refuse the delivery of bags.

23. Warranty rights upon purchase

23.1 In the event of defects in the bags, the customer is entitled to the statutory warranty rights, unless otherwise agreed in this clause 23.

23.2 Any claims for damages by the customer due to defects in the bags are limited in accordance with clause 26.

24. Retention of title

24.1 The bags remain the property of Fobe or a Fintec until the amounts owed under the purchase contract have been paid in full.

24.2 The customer is not entitled to use the bags subject to retention of title ("reserved goods") without the prior written consent of Fobe to sell, pledge, assign as security, lend or rent or otherwise allow third parties to use it.

24.3 In the event of compulsory seizure and other impairments to the owner interests of Fobe or a Fintec by third parties, the customer must point out that third parties own the reserved goods and inform Fobe of such impairments in writing without delay.

24.4 Numbers 10.1 to 10.4 (a) apply accordingly with regard to the reserved goods.

24.5 Fobe is entitled to demand the return of the reserved goods from the customer if Fobe withdraws from the purchase contract.

D. Final Provisions

25. delivery

25.1 The bags can only be delivered within Germany, Austria, Spain, Italy, France, the Netherlands, Denmark and Belgium.

25.2 The bags are delivered to the delivery address provided by the customer.

25.3 If, before the bags are delivered, Fobe finds out that the bag selected by the customer is not available despite a careful check of the stock and for reasons for which Fobe is not responsible, the customer will be informed by e-mail and the customer can get another bag select, whereby in turn Fobe still has to confirm the availability by e-mail. If Fobe has previously accepted the customer's offer to conclude a rental or purchase contract, both the customer and Fobe are entitled to withdraw. Payments made will be refunded immediately.

25.4 The specified delivery dates are approximate; Delivery dates are therefore non-binding unless they are expressly agreed as binding in writing or in text form.

25.5 Two (2) weeks after a non-binding delivery date has been exceeded, the customer can request delivery from Fobe in text form (e.g. by e-mail). After receipt of this request, Fobe is in default, unless Fobe is not responsible for the default.

25.6 If Fobe is unable to act as a result of a Force Majeure Event, i.e. an event that is (a) unforeseeable and (b) beyond Fobe’s control (e.g. mobilization, war, terrorism, riot, natural disaster, epidemic, pandemic, strike or lawful lockout ) is temporarily prevented from delivering the bags, Fobe will immediately inform the customer of this in text form (e.g. by email). In this case, the non-binding delivery date is extended by the duration of this force majeure event. If the delivery is delayed by more than four (4) weeks due to this event of force majeure, each party is entitled to withdraw from the rental or purchase contract. In the event of withdrawal, Fobe will immediately reimburse the customer for any payments already made.

25.7 The delivery of the bags is subject to timely delivery by Fobe's suppliers. If Fobe is not supplied or is not supplied on time by suppliers for reasons for which Fobe is not responsible, although Fobe has concluded a corresponding cover transaction in relation to the bags in good time ("non-delivery"), Fobe will inform the customer of this immediately in text form (e.g. by e-mail). In the event of non-delivery, Fobe is entitled to withdraw from the rental or purchase contract. In the event of withdrawal, Fobe will immediately reimburse the customer for any payments already made.

25.8 In the event of Fobe being in default, the customer's claims for damages against Fobe per calendar day of default are limited as follows:

(a) In the case of a purchase agreement, up to 0,5% of the net purchase price, but no more than 5% of the net purchase price.
(b) In the case of a rental agreement to 0,5% of the monthly net usage fee, but no more than 5% of the monthly net usage fee.

The above restrictions do not apply in cases of intent or gross negligence on the part of Fobe, bodies, executives, employees or vicarious agents of Fobe.

26. Liability of Fobe

26.1 Fobe is liable (a) if it assumes a guarantee, (b) liability under the Product Liability Act, (c) in cases of intent, fraudulent intent or gross negligence, (d) in the event of injury to life, limb or health and (e) in the event of a breach of essential contractual obligations, ie such obligations the fulfillment of which is essential for the proper execution of the contract and on the observance of which the customer regularly relies and may rely.

26.2 In the event of a slightly negligent breach of essential contractual obligations, however, Fobe's liability is limited to compensation for foreseeable damage that is typical for the contract.

26.3 Furthermore, Fobe's liability is excluded, regardless of the legal basis (contract, tort, indemnification, etc.).

26.4 Insofar as Fobe's liability is limited or excluded according to the above provisions of this clause 26, this also applies to the corresponding personal liability of Fobe's bodies, executives, employees and vicarious agents.

26.5 Number 25.8 remains unaffected.

27. Use of the Site

Fobe expressly points out that the use of web services involves risks. Use of the website is at your own risk. Maintenance work, retrofits or upgrades, errors or "bugs" as well as other causes or circumstances can lead to interruptions or errors in operation. Fobe will immediately eliminate technical faults within the scope of technical possibilities.

28. assignment prohibition

28.1 Claims or rights of the customer against Fobe may not be assigned or pledged without the consent of Fobe, subject to clause 28.2, unless the customer has demonstrated a legitimate interest in the assignment or pledge.

28.2 Clause 28.1 does not apply to payment claims by the customer against Fobe.

29. privacy

Fobe's privacy policy applies. The customer can find this under https://fobe.me/datenschutz.

30. Changes to the Terms and Conditions

30.1 Fobe is entitled to make changes to the GTC in accordance with the following provisions of this clause 30.

30.2 Fobe can change the GTC at any time, provided that the changes are to the advantage of the customer or are reasonable for the customer, taking into account the interests of the customer and Fobe. Fobe will notify the customer of the changes in writing (e.g. by e-mail) in advance within a period of 30 days. The changes are considered approved if the customer does not object to them within 14 days after receipt of the notification. The customer must declare his objection to Fobe in text form (e.g. by e-mail). Fobe will inform the customer of this legal consequence separately in the notification.

30.3 If the customer objects to the changes, the GTC shall continue to apply unchanged. In this case, however, Fobe has the right to extraordinarily terminate the contract with a notice period of one (1) month.

31. Online dispute resolution and consumer arbitration board

31.1 The European Commission offers a platform for online dispute resolution, which can be found under http://ec.europa.eu/consumers/odr/.

31.2 Fobe is neither willing nor obliged to participate in dispute settlement procedures before a consumer arbitration board under the Consumer Dispute Settlement Act (VSBG).

32. Applicable Law

The law of the Federal Republic of Germany applies to the exclusion of the UN Sales Convention. However, if the law of the country in which the customer has his habitual residence grants mandatory consumer protection rights that apply to the customer and are more favorable than German law, these consumer protection rights, which are more favorable for the customer, remain applicable.

33. Final provisions

Should one or more provisions of the General Terms and Conditions be or become invalid, the validity of the remaining provisions shall not be affected.

Berlin, 01.08.2024

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