General Terms and Conditions
1. Scope and Provider
(1) These General Terms and Conditions apply to all orders placed by customers at the online shop of SWOBBEE GmbH, Johann-Hittorf-Straße 8, 12489 Berlin.
(2) The offerings in our online shop are intended for both business customers and consumers. A business customer, as defined in these terms, is a natural or legal person or a legally capable partnership engaging in a commercial or self-employed professional activity when entering into a legal transaction. A consumer, as defined in these terms, is any natural person entering into a legal transaction for purposes that are primarily unrelated to their commercial or self-employed professional activity. The right of withdrawal described in section 10 is explicitly applicable only to consumers.
(3) Our deliveries, services, and offers are provided solely on the basis of these General Terms and Conditions. These terms also apply to all future business relationships, even if not expressly agreed upon again. The inclusion of the customer's terms and conditions conflicting with our General Terms and Conditions is hereby rejected in advance.
(4) We operate a service telephone under the number +49 30 587047040.
The current service number can be found on our website www.swobbee.com, on the Swobbee stations (battery exchange/charging stations) operated by us, and on the back of our RFID access cards.
The email contact is: firstname.lastname@example.org
2. Registration as Customer
(1) In addition to direct orders, you have the option to create your own user account and register as a customer in our trading system. The data required for creating the user account must be provided by you completely and truthfully. Any subsequent changes to your personal data are your own responsibility to update.
(2) The password you choose must be kept confidential at all times and must not be disclosed to third parties.
(3) By registering, you express your general agreement to these general terms and conditions.
3. Conclusion of Contract, Prices, Product Information, and Swobbee Station Availability
(1) By placing an order in our online shop, the customer makes a binding offer to conclude a rental contract. Sending an automated confirmation of receipt subsequently does not constitute acceptance of the customer's offer. A (rental/purchase) contract is only concluded when we explicitly declare acceptance of the offer or when we dispatch the goods to the customer without a prior explicit declaration of acceptance.
(2) The prices stated in our online shop are net prices. The applicable statutory value-added tax is added. Invoicing is done electronically. The invoice is sent by email, unless otherwise agreed.
(3) All prices are subject to the specified shipping costs.
(4) Dimensions and weights stated in our online shop are approximate. Technical changes, as well as color or equipment detail changes, are possible. Such deviations do not entitle the contracting party to withdraw from the contract or to a reduction, unless they fundamentally change the subject matter of the contract.
(5) We do not guarantee the availability of individual Swobbee stations. The current locations of the Swobbee stations can be accessed on a map at: https://admin.swobbee.io/
4. Payment Terms; Default
(1) The payment methods available for each customer are indicated in our online shop.
(2) Unless otherwise specified, all payments are due within 10 days after invoicing.
(3) In the case of payment by credit card, the purchase price is reserved on the customer's credit card at the time of ordering ("authorization"). The actual charge to the customer's credit card account occurs at the time we dispatch the goods.
(4) For payment by direct debit, the customer may be responsible for the costs incurred due to the reversal of a payment transaction due to insufficient funds in the account or due to incorrect transmission of banking details by the customer.
(5) If the customer defaults on a payment, they are obliged to pay statutory default interest at a rate of 9 percentage points above the base rate. Additionally, there is a claim for payment of a lump sum of 40 euros. Further claims for damages remain reserved.
(6) If the customer does not fulfill their payment obligations on time or if their financial circumstances are no longer sufficient for granted credit or deferment, we are entitled to make all outstanding claims due for payment immediately or to demand security.
5. Offset/Retention of Title
(1) The customer shall only have the right to offset if their counterclaim has been legally established or is undisputed by us.
(2) The customer may only assert a right of retention if their counterclaim is based on the same contractual relationship.
(3) We can exercise a right of retention against all future, even acknowledged, orders from the customer if the customer fails to meet their payment obligations.
6. Delivery, Risk of Transport, Delivery Dates
(1) Unless otherwise agreed, the delivery of goods will take place from our warehouse to the address specified by you. The delivery of freight goods will be made to the curbside, unless otherwise agreed on a case-by-case basis.
(2) The delivery times stated in our offer are non-binding.
(3) If the customer acts as a businessperson, the risk of accidental loss and deterioration of the goods passes to the customer as soon as the seller has handed over the item to the carrier, the freight forwarder, or the person or institution otherwise designated for the execution of the dispatch. If the customer acts as a consumer, the risk of accidental loss and deterioration of the sold goods generally only passes to the customer or an authorized recipient upon delivery of the goods. Deviating from this, the risk of accidental loss and deterioration of the sold goods also passes to the customer, even in the case of consumers, as soon as the seller has handed over the item to the carrier, the freight forwarder, or the person or institution otherwise designated for the execution of the dispatch, if the customer has instructed the carrier, the freight forwarder, or the person or institution designated for the execution of the dispatch to carry out the delivery and the seller has not previously named this person or institution to the customer.
(4) If the customer acts as a merchant as defined in § 1 of the German Commercial Code (HGB), the customer's duty of inspection and complaint as defined in § 377 HGB applies. If the customer fails to fulfill the obligation to report defects as regulated there, the goods are deemed approved.
If the customer acts as a consumer, they are requested to report obvious transport damages to the deliverer and notify the seller thereof. If the customer fails to comply with this, it has no effect on their legal or contractual warranty claims.
(4) We are released from our performance insofar as we ourselves are not supplied in a timely manner within the scope of a congruent cover transaction by our suppliers, unless we are responsible for the non-delivery ourselves. The customer will be promptly informed about the missing delivery and the consideration will be refunded immediately.
(4) If prepayment has been agreed, the specified delivery dates are subject to the condition of timely payment. In case of late payment, the delivery date will be postponed accordingly.
(5) We are entitled to make partial deliveries as long as this is reasonable for the customer in consideration of both parties' interests. Additional shipping costs will be borne by us. The risk passes to the customer upon delivery of each partial delivery. If we fall behind with outstanding partial performances or are unable to deliver outstanding partial performances, the customer is entitled to withdraw from the contract as a whole or to claim damages for non-fulfillment of the entire obligation, provided they have no interest in the partial delivery.
7. General Provisions for Rental Agreements
(1) Rental Object
The lessee is provided with the rental object for its intended use. Use is only permitted by individuals authorized by the lessee.
SWOBBEE remains the sole owner of the rental object, including accessories. The lessee may not transfer the rental object to unauthorized third parties, transfer ownership, encumber, sell, or give it away. Subleasing to third parties requires a separate agreement. Unless otherwise agreed, the lessee has no claim to a specific specimen of the rental object. SWOBBEE can replace the rental object with a similar, equivalent, or better object for any reason, even during an existing contract.
(2) Rent, Price Changes
The rental price is the consideration for the provision of the rental object. The rent is to be paid retrospectively for the period for which the rent is agreed upon, with a monthly rent on the last calendar day of a month, and a weekly rent on the last day of the rental period for a week. If the rent is not paid on the specified due date, the lessee is in default. If direct debit is agreed upon, default also occurs if SWOBBEE's direct debit attempt fails at the due date. Both the lessee and SWOBBEE can demand a corresponding change in the rent:
a) if the reference prices, material costs, or other expenses of SWOBBEE related to the fulfillment of the respective order change after the conclusion of the contract, provided that more than four months elapse between the conclusion of the contract and the agreed delivery date,
b) in case of a change in the sales tax or insurance tax rate or the introduction of new charges for the affected rents.
c) if the customer's return rate due to improper use is over 50% of the normal return rate, Swobbee is entitled to adjust the rental price accordingly.
Unless otherwise agreed, the fee will be billed to the lessee monthly and collected by SWOBBEE using the SEPA direct debit procedure.
As an important reason for termination by SWOBBEE, the following also applies:
(i) if the financial situation of the lessee deteriorates significantly or threatens to deteriorate,
(ii) if the lessee is in arrears with the payment of the rental installments for two consecutive dates or is in arrears with the payment of the rental installments in an amount exceeding the rental installments for two months within a period extending over more than two payment dates,
(iii) in case of permanent damage or improper use of the rental object
(iv) if SWOBBEE cannot ensure the provision of sufficient replacement rental objects due to external circumstances, for example, due to the discontinuation of production of the respective model.
Mandatory other legal termination rights remain unaffected.
After the end of the contract period, the lessee shall immediately return the rental object, as well as any related documents and accessories, in a clean and proper condition to SWOBBEE. If the rental object is not returned properly, SWOBBEE may charge a fee for cleaning or repair, or restoration. In the event of an economic total loss of the rental object, SWOBBEE may charge a fee for replacement and disposal (external verifiable costs plus 10% processing fee, but at least 50 EUR). SWOBBEE will inform the lessee thereof and of the costs.
The return will take place, unless otherwise agreed, at the business premises of SWOBBEE, currently located at Johann-Hittorf-Straße 8, 12489 Berlin, in consultation with SWOBBEE. If the return is not made on time, SWOBBEE may charge a flat fee equal to twice the rent for the period during which the lessee is in default with the return. In the event of extraordinary termination, except in the case of termination according to the preceding section iv), SWOBBEE is entitled to demand the outstanding rents for the entire rental period, discounted with the 3-month EURIBOR plus 1%, plus any prepayment damage payable by SWOBBEE as compensation for non-fulfillment. The amounts will be immediately due and payable.
(4.) Care Obligations, Liability of the Lessee
The lessee undertakes to exercise special care in handling the rental object. This includes exclusive use for its intended purpose and proper storage. SWOBBEE will provide appropriate maintenance instructions, documents, or an operating manual, and may conduct training on proper usage of the rental object, which must be confirmed in writing by the lessee. SWOBBEE operates a service phone and an email contact according to Section A.3. The lessee shall safeguard the rental object from harm and not expose it to danger, ensuring that the rental object and its use do not pose a threat.
No technical or other alterations may be made to the rental object. Visual alterations of the rental object, such as stickers, are only permissible after prior approval from SWOBBEE.
The rental object must be stored and electrically charged only in the manner indicated in the operating manual or otherwise communicated by SWOBBEE. Storage locations beyond this must be reported to SWOBBEE in written form and approved before use. The lessee is liable for all damages that arise from the destruction, damage, alteration, contamination, improper storage, charging, theft, or any other loss of the rental object prior to returning it to SWOBBEE. In particular, the lessee is liable for damages arising from improper and unlawful treatment of the rental object. The lessee is not liable if they are not responsible for the damage and can prove this to SWOBBEE. SWOBBEE reserves the right to invoice the damage plus a processing fee of 10%, but at least 50 EUR. In the event of losing an RFID access card, it must be blocked by SWOBBEE and a new one activated. A processing fee of 25.00 € is applicable for this.
To the extent that third parties assert claims against SWOBBEE due to improper use of the rental object or a resulting danger caused by it, the lessee hereby indemnifies SWOBBEE upon first request, to the extent that the questionable use or danger occurred before the return to SWOBBEE. The lessee bears the costs of defending SWOBBEE against claims by third parties that were not caused by SWOBBEE and have not been paid by third parties.
Claims that the lessee has against third parties due to damage or other impairments of the rental object are assigned to SWOBBEE. Regardless of this, the lessee is liable independently and jointly and severally.
The lessee is obliged to inspect the rental object for obvious damage or defects before each use and to promptly check its functionality. The lessee is also obliged to immediately report losses, damages, and malfunctions of the rental object, as well as any claims made by third parties regarding the rental object, to SWOBBEE in written form or by phone to the service number (see Section A.3). After an accident, theft, fire, vandalism, damage caused by wildlife, or any other case of damage caused by third parties, the lessee must immediately notify the police and SWOBBEE according to Section A.3. See also Section B. III. 2.
SWOBBEE is obligated to provide the rental object in a suitable condition for use. If defects occur subsequently, the lessee must promptly notify SWOBBEE. SWOBBEE is obligated, at its discretion, to remedy the defect as soon as possible or provide another at least equivalent rental object.
SWOBBEE covers all necessary expenses for rectifying defects, but not additional costs arising from moving the rental object to a location other than the place of performance or from improper and unlawful use. SWOBBEE's non-negligent liability for damages (§ 536a BGB) that existed upon the provision of the rental object is excluded.
8. Special Provisions for Battery Rental Contracts – Battery as a Service ("BaaS"))
(1) Subject of the Contract and Liability
The operating manual defines the intended use, particularly the technical specifications and limitations of the rental object, as well as the requirements for proper storage.
The lessee is liable up to a deductible of 150 EUR plus processing fee per insurance claim for all damages arising from the destruction, damage, alteration, or theft of the rental object or an access card before returning them to SWOBBEE. The lessee is particularly liable for damages caused by unlawful or improper treatment of the rental object. Damages include, for example - but not exclusively - the following scenarios:
Dropping the battery
Deep discharge of the battery
Charging the battery with the wrong charger
Self-repair or opening of the battery
Failure to report a malfunction in the battery
(2) Rental Duration, Termination
The rental duration is specified in the offer. Termination must be made in writing with a notice period of three months before the end of the contract. Ordinary termination before the contract duration expires is excluded. If not terminated, the contract is automatically renewed for the same period as the initial rental period.
(3) Charging and Exchange of Batteries
a. Compatible Batteries with Swobbee Stations
The compatibility of batteries is specified in the offer. During the contract period, compatibility of batteries can be extended through an addendum to the offer. Rental batteries compatible with Swobbee stations are to be treated as follows:
Swobbee stations are the exclusive storage and charging points for these batteries unless otherwise agreed in writing, such as using a SWOBBEE rental charger.
The lessee acknowledges that the availability of fully charged rental batteries depends on the usage frequency of Swobbee stations. SWOBBEE does not guarantee constant availability of fully charged rental batteries at Swobbee stations, but strives to provide batteries with a charge level of at least 75%.
Access to Swobbee stations is granted through an app or RFID access card encoded to the authorized lessee or their authorized individuals, provided at the beginning of the contract period. Using the access card, the lessee can open Swobbee stations and charge empty rental batteries or, depending on availability, exchange them for charged rental batteries. Additional RFID access cards or app access can be provided for an additional fee of 10.00 €.
Multiple access cards or app accesses can be issued for the lessee or their authorized individuals. The lessee assumes full responsibility for the behavior of these users, as well as for their own behavior. If the lessee has the ability to create their own app accesses through an administrator account, they are also responsible for these app accesses and liable for them.
Once a Swobbee station is set up within a 3 km radius of the lessee's address, a SWOBBEE-rented charger must be returned to SWOBBEE immediately, and charging should be done via the Swobbee station. The tariff will be adjusted automatically without further notice.
The subject of the contract between SWOBBEE and the lessee is access to and utilization of the rental batteries distributed in the Swobbee stations in return for compensation.
SWOBBEE does not guarantee the existence of individual Swobbee stations. The current locations of Swobbee stations can be found on a map at: https://admin.swobbee.io/
b. Other Rental Batteries
All batteries not explicitly listed under section 3a are considered other rental batteries. Other rental batteries must be charged exclusively using the rental chargers provided by SWOBBEE, unless otherwise agreed in writing.
SWOBBEE reserves the right to make Swobbee stations compatible with other rental batteries. If the lessee rents an other rental battery whose compatibility with Swobbee stations has changed, SWOBBEE will inform the lessee. Thereafter, the provisions of section 3a apply automatically to these rental batteries. The tariffs valid for the use of Swobbee stations automatically apply, initially using the Basic tariff, until the corresponding usage volume is exceeded.
9. Special Provisions for Other Rental Contracts - SWOBBEE Rental Devices
(1) Subject of the Contract
SWOBBEE rents out other rental devices, such as (motorized) vehicles, e-bikes (hereinafter referred to as "vehicles"), or battery chargers. The subject of the contractual relationship between SWOBBEE and the lessee is these rental devices.
(2) Lessee's Duty of Care
The lessee is liable up to a deductible of 350.00 € for all damages arising from the destruction, damage, alteration, or theft of the rental device before returning it to SWOBBEE, or for any other loss of the device. The lessee is particularly liable for damages caused by improper or unlawful treatment of the rental device.
The lessee must secure the rental device against theft or unauthorized use when parked. For a vehicle, the lessee must always activate the steering lock.
The lessee is responsible for the necessary maintenance, care, and repair work on the rental device and must bear the costs within the scope of their deductible. Damages caused by the lessee are to be rectified within the rental period and within their deductible. Excluded from this are normal wear and tear and usage traces such as light (not deep) scratches not larger than a credit card or minimal dents up to 2 cm in diameter.
Collection and return of the rental device as well as any other documents and accessories take place at SWOBBEE's business premises, currently located at Johann-Hittorf-Straße 8, 12489 Berlin.
The organization and execution of transport to the lessee and the return transport to SWOBBEE are the responsibility of the lessee. The lessee bears the associated costs. However, in the case of premature termination by SWOBBEE, SWOBBEE bears the return transport costs unless SWOBBEE also terminates for significant cause. If SWOBBEE bears the return transport costs, SWOBBEE will arrange the return transport either
(i) by the lessee in coordination with SWOBBEE or
(ii) by SWOBBEE itself.
(4) Other Agreements
The lessee undertakes, unless otherwise agreed, to regularly replace or charge the supplied battery for each rental device at a Swobbee station or in the SWOBBEE rental charger.
(1) Unlimited Liability: We are liable without limitation for intent and gross negligence, as well as in accordance with the Product Liability Act. In the case of slight negligence, we are liable for damages arising from the violation of life, body, and health of individuals.
(2) Limited Liability in Other Cases: In all other cases, the following limited liability applies: In the event of slight negligence, we are only liable in case of the violation of an essential contractual obligation, the fulfillment of which enables the proper execution of the contract in the first place and on whose compliance you may regularly rely (cardinal obligation). Liability for slight negligence is limited in amount to the damages that were foreseeable at the time of contract conclusion and that are typically to be expected in their occurrence. This limitation of liability also applies in favor of our vicarious agents.
11. Right of Withdrawal
(1) Consumers are generally entitled to a right of withdrawal.
(2) Further information on the right of withdrawal can be found in our cancellation policy.
12. Final Provisions
(1) Should one or more provisions of these terms and conditions be or become ineffective, this shall not affect the effectiveness of the remaining provisions.
(2) Contracts between us and you are subject exclusively to German law.
(3) If the customer is a merchant, the exclusive place of jurisdiction for all disputes arising from this contract is the registered office of SWOBBEE.