Terms of Use

General Terms and Conditions for the Tariff Comparison and Switching Service

1. General Terms and Conditions for the Tariff Comparison and Switching Service

1.1 Scope

1.1 The following General Terms and Conditions apply to the services offered by BeChange offered by Tizian Amadeus Luciani, Via Monte Pastello 14, 37019 Peschiera del Garda, VR, Italy, on the BeChange.Earth website ("Website") and described in more detail below as "Rate Comparison" and "Exchange Service" (hereinafter collectively referred to as the "Services").

1.2 BeChange's offer is intended exclusively for natural persons who have full legal capacity in their country of residence [specify country], and who use the Services for purposes ("Users").

1.3 By using the Services, the User accepts the General Terms and Conditions of BeChange, as amended from time to time, for all legal relations between him and BeChange. The terms and conditions can be requested at any time by e-mail.

1.4 Should individual clauses of these General Terms and Conditions be invalid in whole or in part, this shall have no effect on the validity of the remaining clauses.

1.5 The legal relationship between BeChange and the User shall be governed by Italian law, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods and the conflict of laws rules of private international law.

2 Tariff Comparison

2.1 BeChange provides an overview of electricity, banking, telecommunications and insurance tariffs on the Website and allows Users to compare the tariffs displayed with each other ("Tariff Comparison").

2.2 The tariffs displayed in the Tariff Comparison are based on information received by BeChange from selected Utilities ("Providers"). BeChange does not warrant or make any representation as to the accuracy of the information presented. If the information displayed in the tariff comparison differs from the information provided by the providers, only the information provided by the provider is decisive.

2.2.1 In particular, the tariff comparison for electricity is supported via a programming interface of Switch for Climate gemeinn├╝tzige UG (limited liability), Chapeaurougeweg 32, 20535 Hamburg ("Switch for Climate").

2.3 The use of the tariff comparison is free of charge for the User.

2.4 Commercial use of the information from the tariff comparison by the user is not permitted.

2.5 BeChange strives to include in its tariff comparison only those tariffs of those providers that meet our defined supplier criteria.

2.6 In order to verify compliance with the Supplier Criteria, BeChange relies on information, some of which is not publicly available. Due to the large number of suppliers on the market, it is not possible for BeChange to carry out its own comprehensive research on compliance with supplier criteria.

2.7 The ranking in the tariff comparison is based solely on the price as standard. For this purpose, the costs that a new customer in the search area is expected to have in the first year of the contract for the specified purchase quantity are compared.

2.8 For information purposes, the electricity tariffs in the tariff comparison are additionally compared with a reference tariff selectable by the user. The price comparison is based on the average expected costs in the first year of the contract of the electricity tariffs displayed in the tariff comparison with the expected costs for a one-year supply in the selected reference tariff. By default, the universal service tariff of the basic provider in the postal code specified by the user is selected as the reference tariff. The user has the option to select a different tariff as a reference rate. Switch for Climate obtains the price data for the selectable reference tariffs from the publicly available information of the respective providers. Switch for Climate cannot verify the currency and accuracy of this information and therefore assumes no liability for the accuracy of the price data and makes no guarantee or representation that any savings indicated in the price comparison can actually be achieved.

3 Comparison and switching service

3.1 BeChange allows Users to contact some of the Providers included in the Tariff Comparison via a web-based order form in order to conclude a Supply Agreement ("Switching Service"). The tariffs for which the switching service is offered are marked with "Switch/Wechsel" in the tariff comparison. Web-based order forms for the conclusion of a power exchange service" are carried out through our partner Switch for Climate.

3.2 By filling in the order form provided on the Website and clicking on the "Complete Purchase" button, the User instructs BeChange (and, for electricity, our partner Switch for Climate) to provide the selected electricity supply company with a legally binding offer from the User to execute a Supply Contract on the terms shown in the tariff comparison for the relevant tariff.

3.3 The use of the exchange service is free of charge for the User. If a utility contract is entered into, the use of the utility's services may incur costs for the user.

3.4 BeChange has no influence on whether a contract is actually concluded between the User and the Utility. The decision to accept the User's offer is solely at the discretion of the respective Provider.

3.5 In the event of the conclusion of a Supply Contract, it shall be concluded exclusively between the Individual Provider and the User. BeChange is not involved in the provision of services by the Utility. In particular, BeChange itself does not provide energy/banking/telecommunications/insurance services.

3.6 BeChange acts independently and does not act as an agent of any particular utility. The submission of declarations of intent and the performance of other legally relevant actions with regard to the contractual relationship between the User and the Provider shall be carried out exclusively vis-à-vis the Provider. This applies in particular to a revocation of the contract offer by the user.

4 Communication

4.1 We will correspond with you primarily by email and optionally by telephone. It is your responsibility to ensure that you can be reached at the address you have provided and receive our emails or calls. Therefore, check your SPAM folder regularly and classify the emails you receive from us correctly (e.g., by adding our email address to your online address book or classifying our emails as "secure").

5 Cooperation with cooperation partners

5.1 If the switching service for a tariff is not offered, BeChange offers the User the possibility of going directly to the Provider's website via an indicative link.

5.2 By redirecting to the Provider's website, the User does not make a binding offer to conclude a contract with the Provider. BeChange also assumes no responsibility for the conclusion of a contractual relationship between the User and the Provider. In the event of the conclusion of the contract, only the content agreed between the User and the Provider is decisive, whereby the terms of the contract may differ from the information presented in the tariff comparison.

5.3 In some cases, BeChange cooperates with the Providers' cooperation partners. In these cases, BeChange may receive a commission for redirecting to the provider's website. The cooperation with cooperation partners and any commission payments have no influence on the presentation of the tariffs of the respective provider in the tariff comparison.

6 Commission payments and how they are used

6.1 BeChange may receive a commission from some Providers or Cooperation Partners for the referral of Customers. In the electricity segment, commissions are split between Switch for Climate and BeChange.

6.2 BeChange will make donations to charitable projects at the end of each quarter. The amount of donations forwarded by BeChange at the end of the year depends on individual agreements with the non-profit organizations.

7 Obligations of the User

7.1 The User warrants that the information provided in the order forms is accurate and complete. In particular, the User will not use BeChange's services under an identity that does not correspond to his/her true identity.

7.2 BeChange expressly points out that the provision of false information may lead to BeChange and/or third parties asserting claims for damages against the User.

8 Responsibility and Limitation of Liability

8.1 BeChange assumes no liability for the accuracy and completeness of the information provided free of charge on the Website. BeChange attaches great importance to an up-to-date and error-free presentation of the tariffs shown in the tariff comparison. However, the offer on the website is based on the information provided to BeChange by third parties, in particular by the electricity supply companies. This means that all information, in particular about the scope of services, prices and conditions, is based on the information provided by the Provider or third parties. Even if there is a constant review to ensure that the information on the tariffs is up-to-date, correct and complete, no guarantee can be given in this regard. In particular, the offers do not contain any statements about suitability, availability and quality for the individual user.

8.2 BeChange shall be liable for intent and gross negligence as well as for damages resulting from a culpable breach of essential contractual obligations by BeChange or by a legal representative or vicarious agent of BeChange. For damages based on slightly negligent breach of non-essential contractual obligations by BeChange, BeChange is only liable for the foreseeable damage that is typical of the contract. Essential contractual obligations are obligations, the fulfilment of which is essential for the proper performance of the contractual relationship with BeChange and on the observance of which the user regularly relies and may rely. Otherwise, BeChange's liability is excluded.

8.3 The User is not entitled to any future use of the Website. BeChange may discontinue offering the Services at any time at its sole discretion and for any reason.

8.4 BeChange is not responsible for the availability of the Website. In particular, no liability is assumed for the disruption or failure of the website and any resulting damage to third parties.

8.5 For reasons of user-friendliness, BeChange provides external links to websites that are not operated by BeChange and for the content of which the respective website operator is solely responsible.

8.6 BeChange expressly distances itself from all content of the servers behind these links, other links and other visible and invisible content. BeChange also does not adopt this content as its own. This content is not reviewed, although BeChange makes sure that this content does not violate applicable law. The use of the links and the websites, as well as the conclusion of a contract, is the responsibility of the user.

9 Data protection
On the subject of data protection, we refer to our privacy policy.

10 Note on dispute resolution under the Consumer Dispute Resolution Act

BeChange is neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.

11 Information on Online Dispute Resolution pursuant to ODR Regulation 524/2013

The EU Commission provides a platform for out-of-court online dispute resolution (ODR platform), which can be accessed at https://ec.europa.eu/consumers/odr.