Article 1 – Definitions
In these Conditions, the terms below shall have the following meanings:
- “COSH!”, “we”, “us”, “our” : COCREATE GOOD LIFE bvba, with company number BE 0697.686.059, in the capacity of owner of the brand name COSH! and administrator of the Website https://cosh.eco and the Platform ‘COSH!’.
- “Website” : the website reachable via the domain name https://cosh.eco as well as all sub- and toplevel domain names related to this domain name.
- “Platform” means our online portal ‘COSH’ – including the Website, the underlying systems, hardware and software – which Users can access and through which we provide our services to Users. Those services are aimed at guiding Shoppers towards more sustainable choices of Products, Clothing Brands and/or their Retailers, as defined in Article 3.
- “Product” : clothing, clothing accessories, cosmetics, fabrics and related products.
- “Shopper” : any person using the Platform in their search for information about more sustainable choices of Products, Clothing Brands and/or their Retailers. Shoppers can use the Platform free of charge.
- “Retailer” : a company offering Products to consumers, through temporary or permanent physical outlets and/or distance sales, and using the services of COSH!
- “Apparel Brand” : a company that produces Products under a particular trade and/or brand name for the benefit of Retailers, irrespective of whether it commercialises the Products itself or has them commercialised and irrespective of whether it is also a Retailer. A Apparel Brand does not necessarily use the services of COSH itself. If a Clothing Brand uses the services of COSH!, it shall be bound by the provisions of these Terms and Conditions.
- “User”, “you”, “your” : Shoppers, Clothing Brands, Retailers and other persons using the Platform.
- “Freemium” : free formula that gives Retailers access to a minimum number of services of the Platform.
- “Silver” : paying formula that gives Retailers access to basic services of the Platform. Retailers with two or more branch units and/or a floor area of 100 m² or more cannot subscribe to this.
- “Gold” : paying formula that gives Retailers access to more extensive services than the Silver formula. Retailers with four or more branch units, and/or more than 30 Apparel brands in portfolio, and/or a floor area of 100 m² per branch or more cannot subscribe to this.
- “Platinum” : paying formula that gives Retailers access to the Platform’s most comprehensive services.
- “Retailer Page” : the page on the Platform containing information about a particular Retailer.
- “Brand Page” : the page on the Platform containing information about a particular Clothing Brand.
- “Self-assessment” means the process by which a Garment Brand voluntarily and honorably completes a set questionnaire from COSH! regarding its sourcing and use of materials, production methods, production sites, transparent and truthful sustainability communication, and indicates interest in receiving newsletters regarding [MOU1] website advice and structure, as advice on storytelling, social media and general communication. [FD2]
- “Conditions” : these general terms and conditions.
- “Intellectual Property Rights” : all trademarks, logos[NdS3] [FD4] , trademarks, internet domain names, designs, patents, copyrights (including on software) and moral rights, rights in respect of databases, topographies of semiconductor products (“chips”), know-how and other rights, as well as all other industrial and intellectual rights, whether registered or unregistered and including pending registrations and all equivalent rights or means of protection giving a similar result anywhere in the world.
Article 2 – Scope and general provisions
§ These Terms and Conditions apply to all agreements, legal and factual acts between us and you as a User. For services and consultancy to Clothing Brands and/or Retailers, which are not explicitly referred to in these Terms and Conditions, the General Terms and Conditions Consultancy apply additionally, which can be consulted via this link https://cosh.eco/nl/genera…
§ By using the Platform and, if applicable, registering, you acknowledge having read and accepted these Terms and Conditions and the Privacy Statement without reservation. The Privacy Statement can be consulted at https://cosh.eco/nl/privac…
§ The general terms and conditions of the User expressly do not apply.
§ 4. Paid services via the Platform are intended exclusively for use for business purposes and are not intended for consumers. Users comply with the legal obligations (of fiscal, social, and economic law, among others) arising from the use they make of the Platform and the funds they pay or receive as an (in)direct consequence thereof.
§ 5. Different terms and conditions shall only apply if both parties are bound by a written special agreement that explicitly and unambiguously states that the parties wish to amend or replace these Terms and Conditions.
§ 6. If and to the extent that any provision of these Terms is declared null and void or otherwise inapplicable, the parties shall remain bound by the remaining terms. The parties shall substitute a new provision, which as far as legally possible reproduces the intention of the original provision.
§ The fact that COSH at a given time does not claim compliance with one or more provisions of the Conditions cannot be interpreted as a waiver on the part of COSH to rely on them later.
§ COSH! has the right to unilaterally amend or supplement the Conditions at any time. Such amendments also apply to already existing Users, subject to a period of thirty (30) days following notification of the amendment via the Platform, the Website and/or e‑mail. This period may be shortened in urgent cases, such as, among others, (imminent) abuse, government actions or force majeure.
If a User does not wish to accept the amended Terms and Conditions, they must notify COSH! in writing within the aforementioned period and cease using the Platform from the date of entry into force of the amended Terms and Conditions.
§ All rights, as stipulated in these Terms and Conditions and in any special agreements with the User, are also stipulated for the benefit of intermediaries and third parties engaged by or on behalf of COSH!
§ 10. A User cannot transfer his rights and/or obligations vis-à-vis COSH! to a third party without our prior written consent.
§ 11. The contractual relationship between COSH! and a User will be governed by Belgian law and only the courts of Ghent, Bruges division, have jurisdiction over disagreements and disputes arising from these Terms and Conditions.
§ In case of incompatibility or contradiction between the Dutch version and any translation thereof, the Dutch version shall prevail.
Article 4 – Operation of the Platform
§ Shoppers can log in to the Platform, after which they can find an overview of clothing brands with various sustainability aspects through filters. In addition, Shoppers can quickly see on a map view in which locations the clothing brands are located. Shoppers can select Retailers and then print out a personalised shopping trip for size or follow it with a mobile login.
§ Retailers are displayed on the Platform via a Retailer Page. The Retailer Page displays the Clothing Brands offered by the Retailer, with symbols describing their sustainability aspects.
§ 3. Apparel Brands can obtain a Brand Page on COSH! by inclusion of one of their Retailers (non-participating Apparel Brand), at the request of Retailers conducting research to include new brands in their portfolio, or by registering themselves via the Brandcall Page (participating Apparel Brand). A participating Apparel Brand enters into an agreement with COSH!, in accordance with Article 8
Article 5 – Relationship between COSH! and the User
§ Users guarantee that they are authorised to use the Platform, that they will only use one account per natural person or legal entity, and that they will only use this account personally. Users further guarantee that when using the Platform, they will comply with applicable legislation and, if applicable, ethics.
§ Users guarantee to each other and to COSH! that the data they provide, such as their (company) name, company number and contact details such as email address, are complete, correct and up to date. The use of pseudonyms, aliases or nicknames is prohibited.
Article 6 – Relationship between COSH! and Shopper
§ COSH! shall have the right to change or terminate (the content of) its Service and Platform at any time without giving any reason. Shoppers also accept that COSH! has the right to delete or change Shoppers’ accounts, profiles or content without giving reasons, such as, inter alia, in the event of a breach of these Terms and Conditions, in the event of use that, in our sole opinion, does not correspond to the objectives of the Platform, matters that may damage our reputation, as well as when a User has not used the Platform for more than 12 months.
§ 2. If a Shopper and a Retailer enter into a contractual relationship, for example the purchase of products from the Retailer, COSH! is in no way a party nor involved in this agreement. COSH! is neither responsible nor liable for the quality of the products purchased, nor for any warranties, guarantees, references, complaints, delivery times, opening times, payment terms, and the like.
Article 7 – Relationship between COSH! and Retailer
§ The agreement between COSH! and a paying Retailer enters into force on the date of its electronic or written confirmation, and is valid for an initial term of 12 months following the start date stated in this agreement. The agreement is tacitly renewed for successive renewal periods of 12 months, unless either party objects. This objection must be made by registered letter with acknowledgement of receipt, sent no later than 3 months before the expiry of the initial period or an extension period. In this case, the contract will end at the end of the current period. The retailer is not entitled to terminate the Agreement early and COSH! will pursue enforcement if necessary.
§ COSH! undertakes to update Retailer Pages as soon as possible, based on the data and files provided to it by Retailers. Platinum and Gold subscribers may be intended to do so, in that order. However, COSH! offers no guarantees in this respect, nor do we accept any liability.
§ The images displayed at the bottom of a Retailer Page are linked to the Clothing Brands offered by the Retailer and are not necessarily exclusively linked to an individual Retailer. A Retailer may always notify COSH! that a Clothing Brand makes new images available, or request an update in accordance with § 5.
§ 4. Retailers with a Gold or Platinum subscription can add a one-off discount coupon on the Retailer Page (or have it added, if they do not have the necessary rights to do so on the Platform). Shoppers can use this one-off discount voucher on their first visit to one of the Retailer’s shops. The amount of the discount is at the Retailer’s expense and the Retailer itself must determine the discount conditions. COSH! does not accept any responsibility or liability in this respect.
§ 5. Retailers with a Gold and Platinum subscription can request per branch unit to change the images for the brands they distribute on the Brand Page once per calendar year, without additional costs according to the number shown in the Silver, Gold and Platinum formula. From the third change, COSH! has the right to charge a fee according to its rates in force at that time.
§ COSH! undertakes to mention affiliated Retailers on its social media and online channels. COSH! schedules these mentions according to its own discretion and capabilities. Platinum and Gold subscribers may be intended to do so, in that order. However, COSH! offers no guarantees in this regard, and Retailers may in no event derive any rights from any communications by COSH! in that regard.
§ 7. Retailers accept that their positioning on the Platform depends on various variables (such as, inter alia, the Clothing Brands they offer) and that they cannot claim any rights in that respect.
§ Retailers are obliged to update the opening hours, contact details, Clothing Brands (no longer) offered, unusual closing periods, etc. on the Retailer Page as soon as possible and at least once every six months. This is partly to avoid a Shopper standing in front of a closed door. On the effective date of these Terms and Conditions, a Retailer cannot yet update its Retailer Page on its own and updates must, for the time being, be done in consultation with COSH! This consultation will be done through [email protected].
§ Retailers are further obliged to place the COSH! window sticker and associated QR code on the window of each branch unit.
§ Retailers can have a number of clothing brands added or revised free of charge per calendar year (revised = asking COSH! to re-analyse the sustainability, or re-include photos, as brand information is automatically displayed on the relevant retailer pages. For a Silver Retailer this is 1 Clothing Brand, for a Gold Retailer this is 3 Clothing Brands and for a Platinum Retailer this is 5 Clothing Brands. Adding or revising a Trademark is always possible subject to compensation in accordance with the applicable rates. The request for addition or revision must be made via [email protected].
§ Retailers distributing non-participating Clothes Brands may ask COSH! to have this brand examined and/or included on the Platform.
Article 8 – Branch units of a Retailer
§ Paying Retailers are obliged to pay the monthly rate for each of their branch units on Belgian Territory, in accordance with Article 10. The Retailer is obliged to inform COSH! one month in advance of the opening or closing of branch units. The monthly rate is due for the entire month in which a branch unit became active. The monthly rate is also due for the entire month in which a branch unit closes.
§ If a temporary closure exceeds 60 consecutive calendar days, one monthly rate shall be waived for each period of 60 consecutive days of closure. The aforementioned applies on condition that the Retailer has informed COSH! at least 30 calendar days before the closure and at least 30 calendar days before the reopening of the intention to close or reopen, respectively.
§ 3. For the application of this article, COSH! may base itself on the data concerning establishment units as shown in the Crossroads Bank for Enterprises.
Article 9 – Relationship between COSH! and the clothing brand
§ An agreement is only established between COSH! and a Clothing Brand if the Clothing Brand registers via the Brandcall Page. The clothing brand can then become a participating clothing brand.
§ 2. The participating Apparel Brand must carry out a self-assessment and can then receive a ‘verified’ label. This label improves the position of the Clothing Brand on the Platform compared to non-participating Clothing Brands.
§ Participating clothing brands are obliged to notify COSH without delay of any important changes to the information in the Self-assessment, at the latest within 15 days following the change. Furthermore, the participating clothing brand will update the information in the Self-assessment when COSH! requests them to do so.
§ 4. Apparel brands may additionally use COSH! as a seal of approval on their own online channels. Verified brands receive a badge in the form of an html code that they can add in their website footer.
§ 5. Participating Clothing Brands may provide images to COSH! for inclusion on the associated Brand Page, in accordance with Article 13.
§ 6. Clothing Brands that do not conduct a Self-assessment will be examined by COSH! based on publicly available information, such as information provided by the Brand on its website or other information from reliable internet sources. Information that COSH! obtains from campaigning organisations (e.g. Clean Clothes Campaign, Clean Clothes Campaign) that discover abuses or problems with factories in production countries through their network may also have an impact on the scores assigned by COSH! COSH! will closely monitor and publish denunciations by midfield, trade union and related organisations where appropriate.
§ Clothing Brands are responsible and liable for the information they provide and indemnify COSH! from any liability if COSH! publishes information on the Platform, regardless of whether that information comes from the Self-assessment or from the Clothing Brand’s website(s).
Article 10 – Payments and costs
§ With regard to paying Users, COSH! will invoice the subscription price annually for 12 months. Any supplements will be invoiced monthly. The invoices of COSH! are payable at the latest 30 days following the invoice date. Notwithstanding this, the User may opt for payment via SEPA direct debit. By signing the direct debit mandate, the User authorises (A) COSH! to instruct the bank to debit the User’s account and (B) the bank to debit the User’s account in accordance with COSH!‘s instruction. The User is entitled to a refund from the bank pursuant to the agreements made between the User and the bank. A refund must be requested within 8 weeks from the date the User’s account was debited. The User’s rights are set out in a statement that the User will receive from the bank. If necessary, COSH will collect the payment between the 8th and 15th of the month.
§ In the event of late payment, in addition to administrative costs (min. 9.00 EURO reminder costs and min. 15.00 EURO reminder costs) the non-payment of an invoice on the due date may, ipso jure and without formal notice, result in late-payment interest on all unpaid amounts due at the interest rate determined by the Law of 2 August 2002 on combating late payment in commercial transactions. All judicial and extrajudicial costs as well as interest on arrears, including reasonable costs for legal assistance, whether in the context of proceedings or not, resulting from non-payment within the set deadlines, may be charged to the User. These costs amount to at least 10% of the annual subscription due, with a minimum of EUR 66.00.
§ 3. Payment of outstanding balances by offsetting against any claims of the Retailer against COSH! is not permitted. The conditions of this article apply mutatis mutandis to payment by SEPA direct debit.
§ 4. The subscription prices are accepted as base rates upon entry into force of the agreement between COSH! and the paying User. The rates are adjusted to the cost of living once a year, on the anniversary of the effective date of the agreement. This adjustment is made on the basis of fluctuations in the consumer price index. The adjusted rates may not exceed the amount obtained by applying the following formula: basic rate x new index: starting index. The new index figure is the index figure of the month preceding that of the anniversary of the entry into force of the agreement between COSH! and the paying User. The starting index figure is the consumer price index figure of the month preceding the month during which the same agreement came into force.
Article 11 – Force majeure
§ If COSH cannot fulfil its obligations, or cannot fulfil them on time or properly, as a result of force majeure, we shall be entitled to suspend our obligations without being liable for damages until such time as we are able to fulfil them. As soon as a situation of force majeure occurs, we shall notify the Users concerned without delay.
§ By force majeure is meant any circumstance independent of the will of COSH! and outside our sphere of influence, which permanently or temporarily prevents the fulfilment of our obligations. Reference is also made to what case law accepts as force majeure. Force majeure is in any case understood as: a shortcoming of engaged third parties, strike, lock-out, government measures, power failures, more than usual traffic delays, epidemiological illness of our employees, technical failures, whether or not as a result of viruses or attacks, as a result of which the Platform does not or not fully function properly, as well as any situation over which we actually cannot exercise (decisive) control.
Article 12 – Communication
§ 1. COSH! communicates with Users by electronic mail, unless if and to the extent deviated from in the Terms and/or applicable law. The files stored by us shall constitute proof of any communication, unless the User proves otherwise. The date of dispatch of the electronic communication by COSH! shall be deemed to be the date of notification of the communication.
§ 2. Users are obliged to adequately secure their own systems, login details and passwords, to prevent unauthorised access or use by third parties.
§ Users may not use the Platform for other (commercial) purposes other than activities directly related to the purpose of the Platform. Users may not share advertisements and hyperlinks via the Platform without being related to the purpose of the Platform.
§ 4. Users may not copy, store and/or forward any data from the Platform to third parties in any way without the prior written consent of Platform and the relevant User(s).
§ 5. COSH! is the first point of contact for all matters relating to the Platform or the Website. Users are also obliged to report to us any abuse, in particular by other Users.
Article 13 – Liability
§ 1. In the event of culpable fault by COSH! and/or its appointees, We shall only be liable for the reparation of foreseeable, direct and personal damages suffered by a User, excluding all indirect, immaterial or consequential damages or damages due to lost sales or profits.
§ 2. Except in cases of intent or fraud by COSH! and/or its appointees, our liability in all cases is limited to a maximum of the amounts paid or due to us by the User in the three-month period prior to the occurrence of the cause of damage.
§ COSH! is neither responsible nor liable for the acts or omissions of a User through or in connection with the Platform or otherwise. Nor are we bound to verify (including the reliability, availability, description or compliant execution) any content posted by Users, nor are we liable for it.
§ Users accept and bear all risks associated with the open nature of the Platform and the online environment. COSH! offers no guarantee regarding any defect related to intrusions on computer systems, the presence of software that may threaten the security of computer systems (such as bugs, viruses, malware, spyware, ransomware, etc.) or errors that may affect certain functions of the Platform.
§ 5. The User accepts that COSH! shall not be liable for any damage suffered by the User as a result of the User or third parties not having access to the Platform, due to malfunctions, compatibility problems, software errors, incomplete or inaccurate transmission of information or due to any failure on our part in the performance of our services, except in the event of intent or fraud on our part.
§ 6. The User indemnifies COSH! and its appointees in full for any possible claim by third parties in connection with any use by the User of the Platform, for example in connection with content posted by the User, services purchased, services offered or services provided.
§ 7. The User shall be liable for any damage that COSH! and/or its appointees may suffer as a result of errors or omissions attributable to the User in the fulfilment of its obligations arising from these Terms and Conditions and applicable law.
§ Notwithstanding the statutory limitation periods, the limitation period for all claims and defences by the User against COSH! and its appointees is one year.
Article 14 – Intellectual Property
§ Except for documents, information, content and other elements that the User uploads or makes available to COSH!, all Intellectual Property Rights and other titles and interests in the content, technology, software and databases related to the Platform belong to COSH! The User may not copy, modify, disclose distribute, or otherwise use the aforementioned items in whole or in part for purposes other than the purposes of the Platform without our prior written consent.
§ COSH! grants the User a non-exclusive, non-transferable and non-sublicensable right to use the Platform within the limits of these Terms. Nothing in these Terms may be interpreted as an express or implied transfer of Intellectual Property Rights from us to a User.
§ The User shall indemnify COSH! for infringements of Intellectual Property Rights of third parties by the User.
§ 4. By posting content on the Platform or making it available to COSH!, the User gives COSH! worldwide permission to store and use this content in the context of offering the Platform.
§ 5. Each time a User uploads, or otherwise transfers to COSH!, content subject to Intellectual Property Rights of third parties, the User guarantees that he has the necessary rights to do so. The User accepts that COSH! does not exercise any control or consultancy in relation to Third Party Intellectual Property Rights.
Article 15 – Personal data
§ COSH! processes Users’ personal data for: (1) providing our services to Users via the Platform including related communications, based on our contractual relationship as a result of your use, (2) for sending marketing and personalised advertising, based on our legitimate interest to do business, (3) measuring the use and impact of COSH! and explaining this anonymised data to retailers, governments and grant or funding authorities and investment funds, based on our legitimate interest to do business.
If you do not want us to send your data for the purpose of direct marketing, just let us know at [email protected]. Through that address, you can also always ask what data we process about you and correct it or have it deleted, or ask for it to be transferred.
Do you disagree with the way we process your data? If so, we invite you to contact us first. Then you can always turn to the Data Protection Authority (www.gegevensbeschermingsautori…). A more complete overview of our data processing policy can be found at https://cosh.eco/nl/privacy.
§ 2. By submitting (personal) data on the Platform, the User grants us permission to process them in connection with the purpose of the Platform and guarantees that the User is authorised to grant such permission.
§ Users may only use the personal data they obtain through the Platform for the purpose for which it was provided, i.e. to (enable) Shoppers to make sustainable shopping choices. The processing and collection of such data for any other purpose is prohibited, except with the prior written consent of the person whose personal data is involved.
Artikel 16 – Disclaimer
§ COSH! has compiled the content of the Platform with the utmost care. Nevertheless, inaccuracies may occur, in which case we will endeavour to rectify them as soon as possible. However, all content relating to Retailers and Clothing Brands comes directly or indirectly from those parties themselves and we bear no responsibility or liability for them. Neither are we responsible or liable for any damages arising from the use of the content of the Platform, nor for the content of websites linked through the Platform.
§ COSH! does not offer any guarantee or warranty regarding the results that Users may obtain by using the Platform, nor regarding the correctness, accuracy or reliability of any information found on the Platform or obtained through the Platform.
§ COSH! is entitled to adapt, modify or supplement the Platform at any time without notice. We may also temporarily suspend or limit the operation of the Platform when, for example, this is necessary for its maintenance or adaptation. Users will never be entitled to any compensation in such cases.
Through a self-assessment, a brand provides info
The form of writing is changed by COSH copywriter however the content comes from the self-assessment and the brand’s website.
[FD4]See article 16, § 1