General Terms and Conditions COSH COSH! B2B

Subject Matter

The purpose of COSH! and its parent company CoCreate Good Life is to accelerate the transition towards a more sustainable, circular, and ethically responsible fashion and retail sector. COSH! aims to guide consumers and businesses in making sustainable choices that contribute to a strong local economy and the circular economy.

1. Consumer Guidance

COSH! helps consumers make more conscious choices by providing insight into circular strategies as defined on the R‑ladder.

This includes:

a) Encouraging conscious consumption by purchasing only what is necessary.

b) Providing information on more sustainable choices and/​or products and more sustainable Brands at local businesses.

2. Strengthening the Local Ecosystem

COSH! focuses on enhancing the online visibility of local businesses, thereby strengthening them, by inspiring and/​or guiding consumers towards more sustainable purchases, repair options, rental options, and/​or second-hand options at these businesses.

This contributes to the support of local economies and sustainable employment.

3. Additional Services

COSH! provides additional services that contribute to its mission, including:

a) Organising pop-up events for members of the Platform, such as second-hand stores and Flagship Retailers.

b) Facilitating networking opportunities between Flagship and Multi-brand Retailers to promote collaboration and knowledge sharing.

c) Delivering lectures and workshops to raise awareness of consumer behaviour.

4. Digital Tools

COSH! develops digital solutions, such as the COSH! App and the Platform, which support consumers and Retailers in making more sustainable choices.

These tools offer functionalities such as a Digital Wardrobe, circular routes, and information on the reuse, donation, and repair of products.

5. Innovation and Future Orientation

COSH! continues to develop and adapt its services to new technological and societal trends in order to strengthen its mission.

This includes integrating new strategies, such as promoting low-plastic lifestyles and more circular clothing practices.

Article 1 – Definitions

1. ​“Consumer”: Any natural person who uses the Platform to obtain information on a more sustainable lifestyle, circular economy, or products, Brands, and Retailers that align with these goals. Use of the Platform by Consumers is free of charge.

Note: Consumer protection as provided under Belgian law does not apply to business subscriptions or services offered via the Platform.

2. ​“COSH!”: The trading name of COCREATE GOOD LIFE bvba, established in Belgium and registered under company number BE 0697.686.059. COSH! is the administrator of the Platform and owner of the website https://cosh.eco.

3. ​“COSH! App”: A mobile application of COSH!, available in the Android Play Store and the Apple App Store. The app offers users features for managing clothing more sustainably, such as a Digital Wardrobe and route planners along local businesses with a more sustainable and/​or circular offering.

4. ​“Digital Wardrobe”: A functionality within the COSH! App that enables Consumers to digitalise and make more sustainable their purchases and clothing management.

Note: Consumer protection as provided under Belgian law does not apply to business subscriptions or services offered via the Platform.

5. ​“Flagship”: A paid subscription plan that grants Retailers access to the basic services of the Platform. Only Retailers with a single Brand in their portfolio may avail of this plan.

6. ​“Freemium”: A free service providing Retailers with limited access to certain features of the Platform, such as the ScreenMyStore tool or the integration of a point-of-sale system/​webshop with the COSH! App.

7. ​“Intellectual Property Rights”: All current and future rights in Brands, logos, trade names, content, software, and other protected works of COSH!.

8. ​“Brand”: A producer of products sold under a specific trade name. Where a Brand makes use of the services of COSH!, the provisions of these Terms and Conditions shall apply, and the Brand shall also be referred to in these Terms and Conditions as a ​“Member”.

9. ​“Multibrand”: A paid subscription plan for Retailers with multiple Brands in their portfolio. The plan is subdivided into Mini, Midi, and Maxi, depending on the number of Brands and the size of the physical store. A Multibrand that has entered into a paid subscription with COSH! is referred to in these Terms and Conditions as a ​“Member”.

10. ​“Platform”: The digital ecosystem of COSH!, including the Website and mobile applications, intended to deliver services to Consumers and Retailers and to facilitate more sustainable choices.

Note: Consumer protection as provided under Belgian law does not apply to business subscriptions or services offered via the Platform.

11. ​“Retailer”: A local business that offers products to consumers or other businesses through physical or digital channels and makes use of the services of COSH!. A Retailer that has entered into a paid subscription with COSH! is referred to in these Terms and Conditions as a ​“Member”.

12. ​“ScreenMyStore”: The online portal of COSH! through which Retailers can apply to be considered for inclusion on the Platform. For existing Members, ScreenMyStore serves as a central management portal providing access to:

a) the data of their store page, such as address, opening hours, and images;

b) their brand list and associated information;

c) billing and subscription management, including payments via an external payment service provider, for Members who opt for a subscription plan with payment via ScreenMyStore;

d) DPP services, including the creation and management of Digital Product Passports;

e) a personal marketing dashboard with statistics on page views and visitor behaviour;

f) return and repair data and associated circular services.

Use of ScreenMyStore to apply for publication does not constitute a guarantee of inclusion on the Platform. The availability of specific functionalities within ScreenMyStore depends on the Member’s subscription plan.

13. ​“Member”: Any Retailer, Multibrand, or Brand that has entered into a paid subscription with COSH! and is thereby bound by these General Terms and Conditions. Where these Terms and Conditions refer to ​“Member” without further specification, the relevant provisions apply to both Retailers, Multibrands, and Brands alike, unless the context or a specific provision indicates that it applies exclusively to one of them.

14. ​“Monthly Subscription”: A subscription plan under which the amount due is collected automatically on a monthly basis in advance via ScreenMyStore.

15. ​“Annual Subscription”: A subscription plan under which the amount due for a full period of twelve (12) months is collected or invoiced in advance, either via ScreenMyStore or via the standard invoicing procedure as described in Article 6.1.

Article 2 – Scope and General Provisions

1. Applicability of the Terms and Conditions

These Terms and Conditions apply to all agreements, legal acts, and factual acts between COSH! and its Members. Specific additional terms and conditions apply to specific services, and shall prevail in the event of conflict with these Terms and Conditions:

a) For consultancy services: the Special Terms and Conditions for Consultancy, available at https://cosh.eco/nl/general-terms-and-conditions/general-terms-and-conditions-consultancy.

b) For the DPP service (Digital Product Passport): the Special Terms and Conditions for Digital Product Passports, available at https://cosh.eco/en/general-terms-and-conditions-b2b/terms-conditions-b2b-dpp-services.

c) For the COSH! Gift Card: the Gift Card Terms and Conditions for Retailers, available at https://cosh.eco/nl/general-terms-and-conditions-b2b/terms-and-conditions-gift-card-retailers.

2. Acceptance of the Terms and Conditions

By using the Platform and any registration, the Member acknowledges having read, understood, and accepted the Terms and Conditions and the Privacy Statement fully and without reservation. The Privacy Statement is available at https://cosh.eco/nl/privacy. The Cookie Policy is available at https://cosh.eco/en/cookie-policy.

3. Exclusion of Members’ General Terms and Conditions

Any general terms and conditions of Members are expressly excluded, unless otherwise agreed in writing.

4. Use for Business Purposes

The paid services of the Platform are intended exclusively for business purposes and not for use by consumers. Members are responsible for compliance with all legal obligations, including tax, social, and economic legislation, arising from their use of the Platform.

5. Deviations from the Terms and Conditions

Deviations from these Terms and Conditions are only valid if both parties have agreed to them expressly and in writing.

6. Severability

If any provision of these Terms and Conditions is declared invalid, void, or unenforceable, the remaining provisions shall remain in full force and effect. The parties undertake to draft a new provision that approximates the original intent as closely as possible within the limits of the law.

7. No Waiver

The fact that COSH! does not invoke a provision of these Terms and Conditions at any given time shall not be construed as a waiver of the right to do so at a later date.

8. Third-Party Rights

All rights arising from these Terms and Conditions and any supplementary agreements also apply for the benefit of third parties engaged by COSH!.

9. Assignment of Rights and Obligations

A Member may not assign its rights and obligations under these Terms and Conditions to third parties without the prior written consent of COSH!.

10. Governing Law and Jurisdiction

The contractual relationship between COSH! and the Member is governed by Belgian law. The courts of Ghent, division Bruges, shall have exclusive jurisdiction to settle any disputes arising from these Terms and Conditions.

11. Precedence of the Dutch Version

In the event of any conflict or ambiguity between the Dutch version of these Terms and Conditions and any translation thereof, the Dutch version shall prevail.

Article 3 – Relationship between COSH! and Members

1. Commencement and Duration of the Agreement

The agreement between COSH! and the Member enters into force on the date of written or electronic confirmation by both parties.

The initial term of the agreement is 12 months, commencing on the start date as stated in the agreement.

The agreement is tacitly renewed for successive periods of 12 months, unless either party gives written notice by registered letter no later than three months before the end of the current period.

For Members who opt for a Monthly Subscription via ScreenMyStore, a minimum initial term of one (1) calendar month applies. The Monthly Subscription is tacitly renewed on a monthly basis. Termination must be communicated in writing or via ScreenMyStore no later than thirty (30) days before the end of the current period, after which the subscription terminates at the end of that period.

For Members who opt for an Annual Subscription via ScreenMyStore, the initial term of twelve (12) months and the notice period of three (3) months as described in this article shall remain fully applicable.

Any change of subscription plan by the Member must be communicated in writing with the same notice periods as for termination: three (3) months before the end of the current period for annual and invoice-based subscriptions, and thirty (30) days before the end of the current period for monthly subscriptions. The amended plan takes effect at the commencement of the new subscription period.

2. Updating Retailer Pages

COSH! shall endeavour to update Retailer Pages as promptly as possible on the basis of data provided by Retailers.

Multi-brand Retailers and Flagship subscribers shall receive priority in processing. However, COSH! provides no guarantee as to the speed or completeness of such updates.

From the second year of membership, the Member shall have access to its own portal through which it may update certain data (such as address, opening hours, and Brands) independently. Requested amendments and textual changes are subject to approval by COSH!.

3. Use of Imagery and Brand Information

By entering into the agreement, the Member grants COSH! permission to use images and Brand information, as available on their website or provided by the Member, for the Retailer Pages.

Specific requirements for the use of certain images may be communicated by the Member in writing.

4. Amendments and Costs

Multi-brand Retailers may request a maximum of two textual amendments per establishment per calendar year free of charge. For additional amendments, COSH! may charge a fee of EUR 65 per hour, exclusive of VAT.

Amendments relating to the sustainability or circularity of products require supporting documentation substantiating those claims.

5. Marketing and Mentions by COSH!

COSH! may feature Retailers on social media and other channels as part of its marketing strategy. Retailers scoring higher on the circular R‑ladder shall receive priority.

COSH! provides no guarantees as to the frequency, timing, or content of such mentions.

6. Obligations of Retailers

Retailers are obliged to keep their data (such as opening hours, Brands, and contact information) up to date, at a minimum semi-annually.

Retailers must display the COSH! window sticker with QR code visibly at each point of sale.

Retailers must notify COSH! of any changes to their establishments (such as opening or closing) at least three months in advance, in writing.

7. Suspension and Termination of the Agreement

COSH! may first suspend the agreement for 30 days and subsequently terminate it if the Member:

a) Commits a material breach of these Terms and Conditions and fails to remedy such breach within 30 working days of written notice.

b) Fails to fulfil its obligations under the agreement, such as meeting payment obligations.

c) Engages in conduct that is contrary to the mission and values of COSH! as described in these General Terms and Conditions.

Upon termination, COSH! shall communicate the reason and the effective termination date in writing.

Upon termination of the agreement, personal data shall be deleted within a reasonable period of time in accordance with the GDPR.

8. Insolvency or Cessation of Activities

In the event of insolvency or the permanent cessation of the Member’s activities, COSH! shall not credit any amounts paid in advance.

9. Access to Dashboards and Data

Members shall receive access via the COSH! dashboard to statistics such as page views and clicks to their website. This transparency is granted as a courtesy from the second year of the contract.

COSH! reserves the right to temporarily restrict access to dashboards for maintenance or technical adjustments without any obligation to provide compensation.

10. Data upon Termination of the Agreement

Anonymised or aggregated statistical data processed by COSH! on the basis of the Member’s activities (such as page views and visitor counts) shall not be considered the Member’s data and shall remain the property of COSH!.

Article 4 – Member Establishments

1. Annual Fee per Establishment

For each establishment located on Belgian territory, the Member is obliged to pay an annual fee as described in Article 6 of these Terms and Conditions, provided this was also indicated as such in the initial quotation.

The monthly fee is due for the full month in which an establishment is opened or closed.

2. Notification of Changes to Establishments

The Member is required to notify COSH! in writing at least three months in advance of:

a) The opening of a new establishment.

b) The permanent closure or relocation of an existing establishment.

3. Temporary Closure

In the event of a temporary closure of an establishment lasting more than 60 consecutive calendar days, one monthly fee may be waived per 60-day period, provided that:

a) The Member notifies COSH! in writing at least 30 days before the planned closure.

b) The Member notifies COSH! in writing at least 30 days before the planned reopening.

4. Verification of Establishments

COSH! may rely on the data of establishments as registered in the Crossroads Bank for Enterprises (CBE) to verify the accuracy of the information provided.

5. Consequences of Incorrect or Incomplete Information

If the Member fails to provide correct information about its establishments or to notify changes in a timely manner, COSH! reserves the right to:

a) Charge additional costs for administrative processing.

b) Suspend the agreement until the situation has been rectified.

6. Force Majeure and Exceptions

In the event of force majeure, such as unforeseen circumstances preventing the operation of an establishment, the parties may by mutual agreement make alternative arrangements.

The Member must notify COSH! of such circumstances as soon as possible.

Article 5 – Relationship between COSH! and Brands

1. No Direct Cooperation Agreement

COSH! operates primarily through a local point of sale, showroom, or atelier managed by a Retailer. No direct cooperation agreement is entered into with clothing brands unless explicitly agreed otherwise.

COSH! reserves the right to amend these Terms and Conditions if the nature of its cooperation with clothing brands changes.

2. Research and Publication of Brands

COSH! researches clothing brands on the basis of publicly available information, such as:

a) The Brand’s official website.

b) Reliable external sources, including reports from advocacy groups, international organisations, and other supervisory bodies.

Brands that provide insufficient transparency are published without a COSH! Brand Index score. It shall be noted that the assessment is limited due to a lack of available information.

c) Through interviews and supplementary documents submitted by Brands in support of their claims.

3. Brand Responsibilities

Clothing brands are responsible for the accuracy and completeness of the information they publish on their website, in CSR reports, or otherwise in the public domain.

COSH! accepts no liability for any inaccuracies in published information resulting from data provided by the Brand and/​or information obtained from external websites as described in How We Screen.

4. Disclosure of Incomplete Brand Information

For Brands that do not communicate transparently or provide insufficient information, the following notice shall be added:

“This Brand is featured on COSH! through a paid contribution by a Retailer. The Brand provides insufficient information to be fairly assessed in the COSH! Brand Index.”

5. Amendment of Publications

If a Brand demonstrably makes improvements in the areas of sustainability, working conditions, or circularity, COSH! may, at the request of a Retailer or the Brand itself, amend the publication, provided that the improvement is sufficiently documented.

COSH! reserves the right to refuse such amendments if they are inconsistent with its mission or methodology as described in these General Terms and Conditions.

If the amendments to the original data or content are so substantial that a full revision or republication is deemed necessary, COSH! reserves the right not to proceed with republication, unless a sponsoring or paying Retailer is present for whom the relevant Brand is being screened.

6. Liability and Indemnification

COSH! publishes assessments of Brands on the basis of independent research and publicly available data.

COSH! accepts no responsibility for any negative reputational impact on a Brand resulting from publications on the Platform.

7. Transparency Obligations under European Legislation

COSH! takes into account the forthcoming European Sustainable Product Regulation and the Digital Product Passport. Brands are encouraged to communicate more transparently and to comply with these obligations.

Brands that, once the legislation comes into force, fail to comply with the new regulations may be displayed on the Platform with limited visibility or a red index rating.

Article 6 – Payments and Costs

1. Invoicing

COSH! shall invoice the Member annually for the agreed subscription amount for a period of 12 months.

Any additional services or costs, such as those relating to textual amendments or additional screenings, shall be invoiced separately on a monthly basis.

If the Member opts for automatic payment via ScreenMyStore, invoicing and collection shall take place monthly or annually in advance, depending on the subscription plan chosen by the Member. In that case, the automatic direct debit replaces the annual invoicing as described in the preceding paragraph.

2. Payment Term

Invoices from COSH! must be paid in full within 30 calendar days of the invoice date.

For payments via ScreenMyStore, no separate payment term of thirty (30) days applies. Payment is automatically collected on the first day of the new subscription period. The remaining provisions of this article shall apply to the extent compatible with automatic direct debit.

3. Late Payment

In the event of late payment, the Member shall be liable by operation of law and without prior notice:

a) For mandatory administrative costs, being a minimum of EUR 9 per reminder and a minimum of EUR 15 per formal demand.

b) For mandatory late payment interest, calculated in accordance with the Act of 2 August 2002 on combating late payment in commercial transactions.

c) For all court costs, extrajudicial collection costs, and reasonable legal costs, being a minimum of 10% of the outstanding amount or at least EUR 66.

4. Set-Off of Outstanding Balances

The Member may not set off outstanding claims against any counterclaims against COSH!, unless otherwise agreed in writing.

5. Price Adjustments and Indexation

COSH! reserves the right to index the subscription price annually in accordance with the Agoria indexation formula:

P1 = P0 x (0.80 x S2/S1 + 0.20)

Where:

P1 = the revised price.

P0 = the price in the preceding year.

S1 = the Agoria index for the month preceding year n‑1.

S2 = the Agoria index for the month preceding year n.

COSH! shall communicate price changes at least 30 days before the new billing period.

6. Cancellation and Early Termination

Upon termination of the agreement, personal data shall be deleted within a reasonable period of time in accordance with the GDPR.

In the event of early termination of the agreement by the Member, the full subscription amount for the current period shall remain due.

COSH! reserves the right to exclude the Member from the Platform in the event of non-payment or other breaches of contract. Any amounts paid in advance shall not be refunded in such cases.

7. Special Arrangements for Spanish Customers

Spanish customers have the option to make payments via Stripe or other automatic direct debit systems.

Any chargebacks may be requested within 8 weeks of the debit, in accordance with the rules of the relevant banking institution.

8. Administrative Obligations Regarding Payments

The Member must ensure that all billing details are correct and up to date. Changes to billing details must be communicated to COSH! in writing no later than 14 days before the next billing period.

For Members using ScreenMyStore for online payment, it is the Member’s own responsibility to update payment details directly in ScreenMyStore. COSH! is not liable for failed payments or interruptions to the service arising from the Member’s failure to update payment details in a timely manner.

9. Online Payments via ScreenMyStore

The Member has the option to activate and pay for its subscription via ScreenMyStore. Payments via ScreenMyStore are processed by an external payment service provider. The general terms and conditions of the relevant payment service provider apply to the use of these payment services. In the event of a conflict between these Terms and Conditions and the terms and conditions of the payment service provider with regard to the payment transaction itself, the terms and conditions of the payment service provider shall prevail in respect of that specific aspect.

The following conditions apply to payments via ScreenMyStore:

a) The Member is responsible for providing correct and valid payment details upon activation of the subscription via ScreenMyStore. COSH! is not liable for failed payments resulting from incorrect or expired payment details provided by the Member.

b) In the event of a failed automatic direct debit, COSH! shall notify the Member as soon as possible. The Member must settle the payment within seven (7) calendar days of such notification. If payment remains outstanding after this period, COSH! reserves the right to suspend the Member’s access to the Platform and its services with immediate effect until the outstanding amount has been paid in full, without prejudice to COSH!‘s other rights under Article 6.3.

c) The Member shall receive a digital proof of payment or invoice for each successful payment at the email address registered with COSH!.

d) The Member is responsible for updating its payment details in ScreenMyStore in a timely manner. Changes to payment details must be implemented before the next collection date.

e) Chargebacks must be requested within the timeframes applicable to the payment method used, in accordance with the rules of the relevant banking institution and the terms and conditions of the payment service provider. Unjustified chargebacks may result in immediate suspension of the account and additional administrative costs as referred to in Article 6.3.

f) Where the Member opts for a Monthly Subscription via ScreenMyStore, the subscription is tacitly renewed on a monthly basis. Where the Member opts for an Annual Subscription, the subscription is tacitly renewed annually. The notice periods as described in Article 3.1 apply by analogy.

When using ScreenMyStore, cookies may be placed by COSH! and by the external payment service provider for session and security purposes. The Cookie Policy of COSH! is available at https://cosh.eco/en/cookie-policy.

Article 7 – Force Majeure

1. Definition of Force Majeure

Force majeure refers to any event beyond the reasonable control of COSH! or the Member that wholly or partially prevents the performance of contractual obligations.

Examples of force majeure include, but are not limited to: natural disasters, epidemics, pandemics, strikes, government measures, power outages, cyberattacks, technical failures, and defaults by third parties.

2. Suspension of Obligations

In the event of force majeure, the obligations of both parties are suspended for the duration of the situation, without any entitlement to compensation.

The suspension ends as soon as the force majeure situation ceases to exist and the parties can reasonably resume their obligations.

3. Duty to Notify

The party invoking force majeure must notify the other party thereof in writing as soon as possible.

Such notification shall include:

a) The nature of the force majeure situation.

b) The expected duration of the situation.

c) The measures taken to mitigate the impact of the force majeure.

4. Termination in the Event of Prolonged Force Majeure

Upon termination of the agreement, personal data shall be deleted within a reasonable period of time in accordance with the GDPR.

If the force majeure continues for more than 60 consecutive calendar days, both parties shall have the right to terminate the agreement in writing without any obligation to pay compensation.

In the event of termination, services already rendered and payments already due shall remain valid. Upon termination of the agreement, personal data shall be deleted within a reasonable period of time in accordance with the GDPR.

5. Limitations

Force majeure may not be invoked for situations that:

a) Result from gross negligence or wilful misconduct on the part of the party invoking force majeure.

b) Could reasonably have been prevented by taking appropriate precautions.

6. Duty to Mitigate

Both parties undertake to take reasonable measures within their capabilities to mitigate the consequences of force majeure.

Costs arising from such measures shall be borne by each party individually, unless otherwise agreed in writing.

Article 8 – Communication

1. Preferred Method of Communication

COSH! communicates with Members primarily by electronic mail (email), unless these Terms and Conditions or applicable legislation provide otherwise.

Written communications are sent to the last email address or postal address provided by the Member. The Member is responsible for notifying changes to contact details in a timely manner.

2. Evidence of Communication

Electronic messages sent by COSH! are deemed to have been received on the date of dispatch, unless proven otherwise.

Electronic files and logs maintained by COSH! shall serve as evidence of communications sent.

3. Data Security

The Member is responsible for securing its own systems, login credentials, and passwords to prevent unauthorised access to the Platform and sensitive information.

COSH! accepts no liability for damage resulting from the Member’s negligence in relation to security.

4. Use of the Platform

The Platform may only be used for activities directly related to the objectives of COSH!, as described in these Terms and Conditions.

Members are not permitted to place advertisements, commercial links, or other unrelated content on the Platform without the prior written consent of COSH!.

5. Reporting Misuse

The Member is obliged to report any suspicion of misuse, such as fraudulent activities, security breaches, or unauthorised use of the Platform, to COSH! without delay.

COSH! reserves the right to investigate reports and take appropriate measures, such as temporarily blocking access to the Platform.

6. Exchange of Data via the Platform

The Member may only use data obtained via the Platform for the purpose for which it was provided.

It is prohibited to copy, store, or forward such data to third parties without the prior written consent of COSH!.

7. Point of Contact for Enquiries and Complaints

COSH! serves as the first point of contact for enquiries, complaints, and support relating to the Platform.

Members may contact COSH! at info@cosh.eco, and COSH! shall endeavour to respond within five working days.

Article 9 – Liability

The limitations of liability in this article do not apply in cases of wilful misconduct, gross negligence, or other situations where statutory exclusion is not permitted.

1. Limitation of Liability

COSH! is exclusively liable for direct damages resulting from an attributable fault by COSH! or its representatives, limited to:

a) Remedying the direct damage.

b) A maximum amount equal to the fees paid by the Member during the three months preceding the occurrence of the damage.

COSH! is not liable for indirect damages, such as loss of profits, loss of data, or reputational damage.

2. Exclusion of Liability

COSH! is not liable for damages arising from:

a) Defects or failures of the Platform resulting from force majeure or technical failures.

b) Incorrect, incomplete, or outdated information provided by Members or third parties.

c) The acts or omissions of other Members or users of the Platform.

COSH! is likewise not responsible for verifying the reliability or conformity of content posted by Members or third parties.

3. Member’s Liability

The Member is fully responsible and liable for:

a) Its own use of the Platform, including content posted or shared by the Member.

b) Compliance with the provisions of these Terms and Conditions and applicable legislation.

c) Damages suffered by COSH! or third parties as a result of errors, omissions, or unlawful acts by the Member.

4. Indemnification

The Member shall fully indemnify COSH! and its representatives against all third-party claims, including reasonable legal costs, arising from:

a) The Member’s use of the Platform.

b) The Member’s breach of these Terms and Conditions.

c) Infringement of third-party rights, such as Intellectual Property Rights or privacy rights.

5. Security and Risks

COSH! provides no guarantees with regard to the security of the Platform, including protection against viruses, malware, or cyberattacks. The Member accepts the open nature of the Platform and the associated risks.

COSH! is not liable for damages resulting from incompatibility, technical failures, or other errors affecting the functionality of the Platform.

6. Limitation Period

All claims and defences of the Member against COSH! shall become time-barred one year after the occurrence of the cause of the damage.

7. No Liability for Greenwashing

COSH! assesses Brands and Retailers on the basis of publicly available information and internal methodologies. COSH! is not liable for claims relating to alleged greenwashing or inaccuracies in the assessment of information provided by a Brand, unless wilful misconduct or gross negligence is involved.

8. Dispute Resolution

The parties undertake to first undergo a mediation procedure before referring any dispute to the courts.

In the event of disputes arising from or related to these Terms and Conditions, the parties shall first endeavour to resolve the dispute amicably through mediation.

If no agreement is reached within 30 days of the first written notification of the dispute, the matter shall be referred to the courts of Ghent, division Bruges, as provided in Article 2.

Article 10 – Intellectual Property

1. Ownership by COSH!

All Intellectual Property Rights relating to the Platform, including but not limited to Brands, trade names, logos, content, software, databases, and other protected works, belong exclusively to COSH!.

No part of the Platform may be copied, modified, distributed, or used in any other manner without the prior written consent of COSH!.

2. Use by Members

COSH! grants Members a non-exclusive, non-transferable, and non-sublicensable licence to use the Platform within the limits of these Terms and Conditions.

This licence terminates automatically upon termination of the agreement. Upon termination of the agreement, personal data shall be deleted within a reasonable period of time in accordance with the GDPR.

3. Restrictions on Use Rights

The Member may not:

a) Copy, download, store, or distribute the content, technology, software, or databases of the Platform beyond the purposes permitted under these Terms and Conditions.

b) Modify, reverse engineer, decompile, or otherwise attempt to reconstruct the Platform.

4. Content Provided by Members

By providing content (such as texts, images, or other materials) to COSH!, the Member grants COSH! a worldwide, non-exclusive, royalty-free licence to use, reproduce, modify, and publish such content in the context of the services provided on the Platform.

The Member warrants that:

a) The content provided does not infringe any third-party Intellectual Property Rights.

b) COSH! is indemnified against any third-party claims relating to the content provided.

5. Monitoring and Removal of Content

COSH! reserves the right to monitor, modify, or remove content provided or posted on the Platform by the Member if such content:

a) Is contrary to these Terms and Conditions.

b) Infringes the Intellectual Property Rights of third parties.

c) Is harmful to the reputation of COSH! or the Platform.

6. Indemnification for Infringements

The Member shall indemnify COSH! against all claims, damages, and costs arising from infringements of third-party Intellectual Property Rights related to content provided by the Member.

7. No Transfer of Rights

Except as expressly provided in these Terms and Conditions, nothing in this agreement shall imply a transfer of Intellectual Property Rights from COSH! to the Member.

8. Compensation for Infringement

In the event of the Member’s infringement of Intellectual Property Rights, COSH! reserves the right to:

a) Terminate the agreement with immediate effect.

b) Claim compensation for the damages suffered, including legal costs and lost revenue.

Article 11 – Personal Data

COSH! processes personal data on the basis of the following legal grounds: consent, performance of an agreement, compliance with legal obligations, and legitimate interest.

For questions regarding data processing or to contact our Data Protection Officer, please send an email to info@cosh.eco.

1. Processing of Personal Data

COSH! processes personal data of Members and users solely for the following purposes:

a) The provision of services via the Platform, including communications relating to the use of the Platform.

b) The carrying out of marketing activities, such as sending newsletters and personalised promotions.

c) Measuring the impact of COSH! through surveys and data analysis, whereby data is shared in anonymised form with external parties such as governments or subsidy providers.

d) Compliance with legal obligations.

2. Rights of Members and Users

Members and users have the right to:

a) Request access to the personal data processed by COSH!.

b) Request the rectification, restriction, or erasure of their data.

c) Object to the use of their data for direct marketing purposes.

d) Request their data in a structured, commonly used, and machine-readable format (data portability).

Requests may be submitted via info@cosh.eco. COSH! shall endeavour to respond within 30 days.

3. Security of Personal Data

COSH! takes appropriate technical and organisational measures to protect personal data against loss, unauthorised access, or unlawful processing.

COSH! is not liable for damages arising from security incidents caused by the negligence of the Member or users.

4. Sharing Data with Third Parties

COSH! shares personal data with third parties only where this is necessary for:

a) The performance of the agreement.

b) Compliance with legal obligations.

c) Obtaining statistical insights, where data is anonymised.

COSH! guarantees that third parties granted access to personal data are bound by strict confidentiality and security obligations.

5. Retention Periods

COSH! does not retain personal data for longer than is necessary for the purposes for which it was collected, unless a longer retention period is required by law.

6. Processing by Members

Members may only use personal data obtained via the Platform for the purposes for which it was provided, as described in these Terms and Conditions.

Members are prohibited from sharing, storing, or using personal data for commercial purposes without the explicit consent of the data subjects.

7. Complaints Regarding Data Processing

If a Member or user believes that COSH! is in breach of applicable privacy legislation, this may be reported via info@cosh.eco.

If no satisfactory resolution is provided, a complaint may be lodged with the Data Protection Authority at www​.gegevensbeschermingsautoriteit​.be.

8. Privacy Statement

A comprehensive description of how COSH! processes personal data is set out in the Privacy Statement, available at https://cosh.eco/en/privacy-policy.

In the event of a conflict between these Terms and Conditions and the Privacy Statement, the Privacy Statement shall prevail. The Cookie Policy of COSH!, available at https://cosh.eco/en/cookie-policy, forms an integral part of the Privacy Statement.

Article 12 – Disclaimer

COSH! is not responsible for any incorrect expectations that users or Members may have regarding the results of using the Platform.

1. Content of the Platform

COSH! endeavours to compile the content of the Platform with the greatest possible care. Nevertheless, errors, inaccuracies, or omissions may occur.

COSH! provides no guarantees as to the completeness, accuracy, or suitability of the information provided on the Platform for specific purposes.

2. Limitation of Responsibility for Content

COSH! is not responsible or liable for:

a) Content posted on the Platform by Members, Brands, or third parties.

b) The reliability, availability, or accuracy of external links or references on the Platform.

c) Decisions or actions taken by users on the basis of information obtained via the Platform.

3. No Guarantee of Results

COSH! provides no guarantees with respect to results that Members or users may achieve through use of the Platform, such as improved sales, higher Brand valuation, or increased website traffic, as these may be influenced by the Member’s choices regarding photographs, texts, etc.

4. Technical Availability

COSH! cannot guarantee the availability or error-free operation of the Platform. The Platform may temporarily be unavailable due to maintenance, technical failures, or other circumstances.

COSH! is not liable for damages caused by:

a) Temporary or permanent interruption of access to the Platform.

b) Compatibility issues between the Platform and the devices, software, or networks of users.

5. Third-Party Information

Information published on the Platform that originates from third parties (such as Brands, Retailers, or other partners) is the responsibility of those third parties. COSH! does not verify such information for accuracy or currency.

COSH! accepts no liability for claims or damages arising from the use of such information.

6. Modifications to the Platform

COSH! reserves the right to make changes, updates, or additions to the Platform at any time without prior notice, to the extent permitted by applicable legislation.

COSH! may temporarily or permanently suspend the Platform without users or Members being entitled to any form of compensation.

7. Limitation of Claims for Damages

COSH! is not liable for indirect, consequential, or non-material damages, such as loss of revenue, loss of profit, or reputational damage, unless wilful misconduct or gross negligence is involved.

8. Indemnification for Use of the Platform

Users and Members shall indemnify COSH! against third-party claims arising from:

a) Unlawful use of the Platform by the user or Member.

b) Infringement of third-party rights, such as Intellectual Property Rights or privacy rights.

9. Applicability of the Disclaimer

This Disclaimer applies to all parts of the Platform, including the Website, mobile applications, and other digital channels of COSH!.

Annex 1 – Platform Operating Procedures

1. Overview of Services on the Platform

The COSH! Platform offers various functionalities and information to users, including:

a) Store Overview: An overview of Members, including multi-brand stores, Flagships, second-hand stores, packaging-free stores, and clothing libraries.

b) Retailer Pages: Detailed information on individual Retailers, such as their offering, Brands, and COSH! Brand Index score.

c) Brand Overview: A list of Brands assessed on the basis of 7 impact themes and the availability of those Brands at participating Retailers.

d) Personal Shopping Routes: Users can add Retailers to a personalised shopping route based on their preferences.

2. Store Overview and Filters

The Store Overview displays a combination of physical stores and other points of sale, such as repair points and clothing libraries.

Stores are ranked on the basis of membership level (such as Flagship or Multi-brand) and turnover category.

Users may apply filters to select stores on the basis of location, type, or other preferences.

3. Retailer Pages

Each Retailer receives its own page containing:

a) Basic information such as address, contact details, and opening hours.

b) An overview of the Brands they carry, including COSH! Brand Index scores.

Retailers may be selected by users to be added to a shopping route or for direct referral to their website.

4. Brand Overview

The Brand Overview contains a comprehensive list of jewellery, cosmetics, lifestyle, and clothing brands.

Brands are ranked on the basis of their scores according to the COSH! Brand Index.

Users may filter Brands by price, headquarters location, or alphabetical order.

Brands without complete information are published with a note indicating insufficient transparency to provide a score.

5. Interactive Functionalities for Users

Users may log in to the Platform to:

a) Add Retailers and Brands to a personalised shopping route.

b) Save these routes and print them or follow them digitally via mobile devices.

Retailers and Brands can be viewed on a map display for ease of navigation.

6. Data and Transparency

After 12 months, Retailers have access to dashboards containing statistics such as the number of page views and clicks to their website.

Multi-brand Retailers can track changes in the sustainability scores of Brands through screening and rescreening.

COSH! does not guarantee any commissions on sales or revenue, as the Platform is not a marketplace.

7. Circular Functionalities

From December 2024, the Platform offers additional support for circular practices, such as repair, donation, or resale routes for clothing.

Users can use the app to find repair points, second-hand stores, and donation points that align with their circular objectives.

8. Limitations and Responsibilities

COSH! provides the functionalities of the Platform as a tool and is not responsible for the performance of individual Retailers or Brands.

Information on stores and Brands is compiled on the basis of data provided by Retailers and Brands, and COSH! cannot guarantee the accuracy thereof.

Annex 2 – Brand Index Methodology

COSH! provides no guarantees as to the completeness or accuracy of the COSH! Brand Index, as it is based on publicly available information and information and supporting documents provided by Retailers and/​or Brands. The index serves solely as a guideline.

1. Purpose of the COSH! Brand Index

The COSH! Brand Index assesses Brands on various impact themes such as sustainability, ethics, and circularity.

The purpose of the index is to support consumers and Retailers in making conscious choices and to promote transparency in the fashion industry.

2. Assessment Criteria

Brands are assessed on the basis of seven impact themes:

1) Working Conditions: Compliance with labour rights and social standards.

2) Planet: Use of more sustainable and recycled product materials and packaging materials.

3) Circularity: Use of reusable or recyclable materials and products, as well as circular business models.

4) Supply Chain: Distances, transport methods, and complexity of the supply chain.

5) Animal Welfare: Use of animal-friendly materials and production methods.

6) Slow Fashion: Implementation of slow fashion principles in product design and business processes of the Brand.

7) Transparency: Communication to consumers regarding products, production locations, materials, and business processes.

3. Data Collection and Research

The assessment is based on:

a) Publicly available information, such as reports on Brand websites.

b) External sources, including NGOs, advocacy groups, and certification bodies.

c) Information provided by Retailers or Brands themselves.

Where information is unavailable or insufficiently transparent, this is noted in the COSH! Brand Index with an indication that the assessment is limited.

4. Transparency and Publication

Brands that provide insufficient information are published without a COSH! Brand Index score. These Brands will receive the following notice:

“This Brand provides insufficient transparency to be assessed. COSH! strives to work with Brands that comply with the new European regulations on digital product passports.”

5. Assessment Method

Brands are categorised from A (highest score) to E (lowest score) on the basis of their performance across the impact themes.

COSH! uses a weighted scoring model that gives priority to material use, ethical working conditions, and circularity (50% of the total score).

6. Rescreening and Updates

Retailers may have one Brand rescreened or one new Brand assessed annually, depending on their subscription plan.

COSH! carries out periodic independent updates on the basis of new data or legislation.

7. Use of the COSH! Brand Index

The COSH! Brand Index is intended solely as a guideline and may not be regarded as a guarantee or certification.

Retailers and users are responsible for their own interpretation and decisions based on the index.

8. Future Developments

COSH! adapts the COSH! Brand Index in accordance with evolving legislation and regulations, including the European Sustainable Product Regulation and, in the future, digital product passports.

9. Indemnification and Limitations

COSH! accepts no liability for decisions or actions taken on the basis of the COSH! Brand Index.

Brands that believe their assessment is incorrect may submit an objection by providing additional data. COSH! reserves the right to accept or reject the objection.

Full information available at: https://cosh.eco/en/faq/how-does-cosh-brand-index-work

Annex 3 – Subscription Plans and Rates

Members shall be notified of changes to rates at least 30 days prior to the new billing period, as set out in Article 6.

All rate adjustments shall be based on objective criteria, such as inflation or the addition of new functionalities, and shall be communicated to Members in a timely and transparent manner.

All subscription plans are available via two payment methods: annual invoicing as described in Article 6.1, or monthly or annual automatic direct debit via ScreenMyStore as described in Article 6.9. The Member chooses its payment method upon activation of the subscription. A change of payment method is possible at the commencement of a new subscription period, provided it is requested in writing or via ScreenMyStore in a timely manner, in accordance with the notice periods set out in Article 3.1.

Where payment is made via ScreenMyStore, the conditions for automatic direct debit, failed payments, and chargebacks as described in Article 6.9 apply.

1. Overview of Subscription Plans

COSH! offers various subscription plans tailored to the size and needs of Retailers. The plans are:

Second-hand / Bulk Food Store / Workshop (Basic): Aimed at second-hand or vintage boutiques and/​or food stores offering organic or low-packaging food products.

Flagship (Solo Pioneer): Aimed at Retailers with a single Brand in their portfolio.

Multibrand Mini (Premium): For Retailers with a limited number of Brands and a smaller physical store.

Multibrand Midi: For medium-sized Retailers with a more extensive Brand portfolio.

Multibrand Maxi (Impact Plus): For larger Retailers with a broad assortment and multiple locations.

2. Flagship Plan

Available to Retailers with a maximum of one Brand in their portfolio.

Access to the basic functionalities of the Platform, including a Retailer Page and listing in the Store Overview.

Annual entitlement to a concise review of one Brand by the COSH! Brand Index.

3. Multibrand Mini Plan

Suitable for Retailers with:

a) A maximum of three locations.

b) A portfolio of 10 or fewer Brands.

c) A retail floor area of less than 100 m² per location.

Access to extended services, including publication of Brand information and dashboard functionalities.

Annual entitlement to the assessment of one Brand or rescreening.

4. Rates

Rates per Subscription Plan (indicative):

These rates are indicative and may be adjusted annually on the basis of the Agoria indexation as described in Article 6.

5. Multibrand Midi Plan

Suitable for Retailers with:

a) A maximum of four locations.

b) A portfolio of 30 or fewer Brands.

c) A retail floor area of less than 200 m² per location.

Additional benefits, such as priority in processing amendments to Retailer Pages.

Annual entitlement to the assessment of one Brand and additional support with sustainability screenings.

6. Multibrand Maxi Plan

Suitable for large Retailers with:

a) More than four locations.

b) A portfolio of more than 30 Brands.

c) A retail floor area exceeding 200 m² per location.

Access to the most extensive services of the Platform, including advanced dashboards and support with circular strategies.

Annual entitlement to the assessment of two Brands and proactive updates of Brand information.

7. Assessment Rights and Support

Retailers may have one or more Brands assessed or rescreened annually, depending on their subscription plan.

COSH! may proactively propose Brands for screening that contribute to the community and mission of COSH!. If the Member does not respond within 14 days, the proposed Brand shall be automatically scheduled.

8. Amendments and Updates

Retailers with a Multi-brand subscription may request minor amendments to their Retailer Page twice per year free of charge. From the third amendment onwards, COSH! may charge an hourly rate of EUR 65 per hour, exclusive of VAT.

Textual amendments relating to sustainability or circularity are subject to the Member providing supporting evidence.

9. Obligations of Retailers

All Retailers are required to:

a) Notify COSH! in a timely manner of any changes to locations, Brands, and contact details.

b) Display the COSH! window sticker visibly at each business location.

c) Update data such as Brands and opening hours at least semi-annually.

10. Future Amendments

COSH! reserves the right to amend subscription conditions or rates on the basis of market conditions or new legislation. Changes shall be communicated to the Retailer at least 30 days prior to the annual renewal of the Retailer’s business subscription.

A change of subscription plan must be requested in writing or via ScreenMyStore, with due observance of the notice periods described in Article 3.1. Changes take effect at the commencement of the next subscription period.

Please contact info@cosh.eco for clarification of legal terms.

These General Terms and Conditions have been drawn up in Dutch. In the event of a conflict between a translation and the Dutch-language version, the Dutch-language version shall prevail.