This is an automatically generated translation. The German version is legally valid.
CoBenefit provides a platform that enables users to find out about our initiatives. Initiatives are projects of various kinds that aim to improve the position of consumers through joint action and thereby benefit them, e.g. through better prices and more security in procurement. These initiatives can also be launched by third parties, e.g. municipalities or other organisations. Within the framework of the initiatives, we work together with suppliers and cooperation partners who offer the interested parties corresponding offers for the implementation of the projects as well as additional services.
1.1 These general terms and conditions of business and use (hereinafter referred to as "GTC") apply to all contracts for the mediation of initiatives and the provision of digital services and platforms between registered users or interested parties and CoBenefit UG (haftungsbeschränkt), Auf den Häfen 12-15, 28203 Bremen hereinafter referred to as "CoBenefit".
1.2 These terms and conditions only regulate the contractual relationship between the interested party and CoBenefit. The possible contractual relationships between the interested party and the providers or cooperation partners are not affected by this.
2.1 If a user of the platform registers for an initiative, a brokerage contract between him/her as an interested party and CoBenefit comes into being. Registration does not entail any obligation on the part of the interested party to conclude a contract with a provider or cooperation partner. Likewise, no obligation of a provider or cooperation partner to conclude a contract with the interested party arises as a result.
2.2 CoBenefit contacts the providers and cooperation partners who come into question within the framework of the initiative so that they can submit corresponding offers or, if necessary, contact the interested party for further coordination. The providers and cooperation partners do not receive direct access to the data of the interested parties. However, the providers are provided with the information necessary to enable them to submit an offer to the interested party. This includes, in particular, name, address, contact details (e-mail, telephone) as well as the information within the scope of the initiative that is required in each case to enable the provider to prepare the offer and related services.
2.3 With the registration for an initiative, CoBenfit provides the interested party with the further information available to him. For each registration of an interested party for an initiative, a separate mediation order comes into being.
2.4 Insofar as the interested party gives its consent, other interested parties can also recognise that it has registered for an initiative. However, a contractual relationship between the interested parties is not established by this or by the registration alone.
2.5 CoBenefit provides its services within the framework of the registration to interested parties free of charge. In the case of successful switching orders CoBenefit receives a switching commission from the respective offerer or co-operation partner.
2.6 The free use of the registration is only permitted to persons who have unlimited legal capacity and act exclusively on their own account.
2.7 CoBenefit receives information from the offerers and co-operation partners whether a contract came off as well as over the substantial contract contents, in particular the achievement object, the price and the temporal expiration. The use of this information is limited to the purposes of the fulfilment of the switching order between the prospective customer and us as well as the co-operation contract between the offerer and/or co-operation partner and CoBenefit.
2.8 CoBenefit has no influence on the possible contract design and its implementation between the interested party and provider or cooperation partner. Also CoBenefit does not become contracting party or other involved one in the contracts closed between prospective customer and offerer and/or co-operation partner, if this does not take place expressly.
3.1 CoBenefit endeavours to ensure that the offers and contents are always up to date and correct. Service and/or product-related information with regard to the offers, in particular to the scope of services, to the conditions and the prices are based on the information of the respective providers and cooperation partners. A liability of CoBenefit for the topicality, completeness and correctness of the represented offers is excluded subject to the general limitation of liability below.
3.2 Information provided on the initiatives is not to be understood as an assurance or guarantee and does not constitute advice for the user. They are merely intended to provide orientation and information for the user. Also, no completeness can be guaranteed. Advice on the manner of implementation can only be given by the provider or cooperation partner.
3.3 CoBenefit also uses links on the platform to external services or websites for which the respective provider or operator is responsible and on whose contents CoBenefit has no influence, in particular in the case of a change of the contents. A guarantee for the contents cannot be given therefore, because a permanent supervision of the external contents is not reasonable. At the time of the linking as well as with corresponding later appearing, concrete clues we check the contents and remove these if the contents do not agree any more with the original or law breakings are recognizable.
4.1 The interested party is solely responsible for the completeness and correctness of all data entered or otherwise transmitted by him in the course of registration and on the platform.
4.2 The interested party is obliged to immediately check contractual documents or offers received from suppliers or cooperation partners for correctness and to immediately inform accordingly in case of errors.
4.3 Use of the platform for commercial purposes or in the context of a self-employed professional activity for the brokerage of services or the use of the information offered is expressly prohibited. Damages resulting from this may be asserted by us.
4.4 If we detect misuse of this platform by individual users or interested parties, we reserve the right to exclude them from further use.
The contract is concluded for an indefinite period of time and can be terminated by the interested party at any time, usually on the platform by revoking the registration or by a corresponding clear notification to us. The right of revocation remains unaffected. We can terminate the contract with a notice period of two weeks. Cancellations for good cause remain unaffected.
Consumers have a right of withdrawal and may withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day of the conclusion of the contract.
CoBenefit is liable for damages in the case of violations of its obligations without limitation for gross negligence and intent as well as for damages from the injury of the life, the body and the health. With a slightly negligent injury of contract-substantial obligations the adhesion of CoBenefit is limited to the contract-typical damage foreseeable with conclusion of a contract. Contract-substantial obligations are thereby obligations, whose fulfilment makes the proper execution of the contract between the prospective customer and CoBenefit at all possible and on whose observance the prospective customer regularly trusts and may trust. In all other respects CoBenefit is not liable.
The personal data entered by the interested parties is processed for the purposes of the contractual brokerage services and the processing of the cooperation agreements with the providers and cooperation partners. For further information, please refer to our data protection information on our website.
The European Commission provides a platform for online dispute resolution between businesses and consumers (ODR platform): https://ec.europa.eu/consumers/odr/
CoBenefit is not obliged and not willing to participate in dispute resolution proceedings before a consumer arbitration board.
10.1 The contractual relations of the parties shall be governed by the law of the Federal Republic of Germany to the exclusion of the conflict of laws provisions of the EGBGB. If the interested party is a consumer who has his habitual place of residence in another EU member state, the mandatory consumer protection provisions of the country of his habitual place of residence shall remain additionally applicable in favour of the customer.
10.2 The place of jurisdiction for all disputes between the parties, irrespective of the legal grounds, shall be Bremen if the contracting party is a merchant within the meaning of the German Commercial Code (Handelsgesetzbuch) or if it has no general place of jurisdiction in Germany or if, after conclusion of the contract, it has moved its place of residence or habitual abode outside the scope of the German Code of Civil Procedure (Zivilprozessordnung) or if these are not known at the time the action is brought.
10.3 If individual provisions of this contract are or become invalid or unenforceable, this shall not affect the validity of the remaining provisions.
As a consumer, you have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day of the conclusion of the contract.
To exercise your right of withdrawal, you must inform us
CoBenefit UG (haftungsbeschränkt), Auf den Häfen 12-15, 28203 Bremen
of your decision to withdraw from this contract by means of a clear declaration (e.g. a letter sent by post, fax or e-mail). You may use the enclosed model withdrawal form for this purpose, which is, however, not mandatory. In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
If you withdraw from this contract, we must repay 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 type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days from the day on which we received the notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment.
You can find a sample cancellation form for download as a PDF file here.