Terms and Conditions
1. Scope
The following terms and conditions apply to any and all of the services offered by SuperSwitcher GmbH (“the Broker”), especially the provision of consulting services, calculations, tariff information and other data, and in particular as those services are provided to visitors (“the Users”) to www.superswitcher.com and related pages, e.g. www.superswitcher.co.uk. SuperSwitcher GmbH is a company registered in Germany, with German registration number HRB 112250 B, and having its registered offices at Melanchthonstrasse 23, 10557 Berlin, Germany.
a) These terms and conditions apply to all and any use of the websites operated by the Broker. By using any of the services offered by the Broker in whole or in part, you agree to be bound by these terms and conditions, unless a prior alternative agreement has been reached in writing or is required by law.
b) The Broker reserves the right to amend these terms and conditions at any time. All amendments to these terms will be posted on-line. The most up-to-date version of the terms and conditions published on www.superswitcher.com and related pages applies.
c) The Broker does not recognize any other terms and conditions.
d) The terms and conditions are governed by German law under exclusion of the UN-Purchasing Laws (CISG dating to 11.04.1980)
2. Description of the services
The Broker offers users of its websites access to databases containing current tariff data. By providing information on the User’s preferences, the User can identify lower-cost suppliers. The data necessary for comparing tariffs are provided in turn by others (the “Comparison Sites”). The Comparison Sites reserve the right to change, expand and reduce the tariff comparison services provided. The Broker does not hold any influence over the Comparison Sites, and is not responsible for their actions.
a) The Broker defines itself as a neutral third party and seeks to enable optimal research by the User. Amongst other activities, the Broker informs the User based on the conditions set out herein through the Broker’s online tariff comparison service, which is updated regularly based on information provided by Comparison Sites. The Broker does not directly work with suppliers, and cannot therefore guarantee that the information provided to the User is exhaustive. The Broker cannot check the accuracy of all tariff information. Moreover, the accuracy of the User’s research results also rests on information provided by the Users. The Broker therefore does not guarantee the accuracy of the tariff information gained by Users through the Broker’s websites.
b) The User has no legal right to any services or information provided by the Broker. Moreover, the Broker reserves the right to change its service offering on www.superswitcher.com and related websites and web pages. This includes the choice of Comparison Sites the Broker cooperates with.
c) The Broker does not guarantee to provide the Service free of faults. In the event of a fault in the Service, the Customer should report it via the contact formula on the Broker’s website, or by telephone on the support number provided to the Customer.
d) SuperSwitcher.com does not warrant that the Customer's use of the Service will be uninterrupted and does not warrant that any messages or information transmitted via the Service will be transmitted accurately, reliably, in a timely manner or at all. SuperSwitcher.com reserves the right to make the Service unavailable at any time, or to restrict access to parts or all of it without notice.
3. Referral of services
a) The Broker may offer the User the opportunity to sign contracts with suppliers of various goods and services (“the Suppliers”), for instance for the supply of electricity. In this case, the Broker’s offering to the User consists solely of brokering contracts between User and Supplier. The Broker is not responsible for providing additional goods and services to the User. Only the User and the respective Supplier enter into a contract for the provision of the aforementioned goods and services (for example the supply of electricity). The Broker itself does not supply any electricity, gas, other types of energy, etc.
b) If desired by the User and insofar as possible, the Broker may send the User copies of Suppliers’ contracts electronically by download, via fax and through the mail. This does not represent a binding commitment by the Suppliers to the User.
c) If the User wishes to sign a contract with a Supplier, the User can sign the contract and send this to the Supplier. Only this represents a purchase offer by the User. The Broker and the Comparison Sites are not responsible for ensuring that the conditions of the contract between User and Supplier exactly match the conditions set out in the documents provided by the Broker to the User. The contractual agreement between User and Supplier, and its terms and conditions, are subject only to the discretion of the parties signing the contract.
d) The Broker expressly points out that the information provided by the Broker has no bearing on the conditions of any contracts between Users and Suppliers. Only the contracts agreed between Users and Suppliers are binding. The Broker is not a representative of any Supplier and is not party to any agreement between Users and Suppliers. Therefore, the Broker cannot be held accountable for any consequences arising from Users’ contracts with Suppliers. In particular, the Broker is not responsible for any damages, faulty provision of goods and services and lack of services rendered, that result from such contracts.
e) Any information concerning insurance products and financial services, energy supply contracts and other information provided by the Broker and the Comparison Sites does not represent advice and consulting services to the User, but are instead intended to support the User’s independent decision, over which the Broker has no influence. None of the information provided by the Broker represents a promise or guarantee. The Broker also does not provide any legal or tax advice to Users.
f) The User takes sole responsibility for the completeness and accuracy of any information provided by the User in data entry fields and other transmitted data.
4. Personal use of the services
Private (i.e. non-commercial) use of the Broker’s services does not result in any financial claims by the Broker against the User. Only when Users independently choose to sign contracts with Suppliers may this result in payment obligations by Users to Suppliers (e.g. in exchange for the supply of electricity).
5. Commercial use of the services
Using the Broker’s services for commercial purposes is expressly forbidden. Any instance where a User is found to have put the Broker’s services to commercial use is taken as an agreement that the User will pay the Broker damages of €2,500.00. The Broker is entitled to bundle such claims after repeat instances of commercial use of its services. Combining several instances of such behaviour into a single legal action is not permissible. The Broker is free to demand further damages over and beyond the aforementioned payments. Moreover, the Broker is entitled to bar the User from accessing the Broker’s services in the future. The only exception are instances in which the Broker has given express written consent to the use of its services for commercial purposes and such use does not violate the rights of third parties.
6. Liability limitations
The Broker is neither liable for the accuracy, completeness and timeliness of comparison calculations carried out on the Broker’s websites, nor for the timely, complete and accurate transmission of offers and contractual documents. This does not include damages to the User that:
• are caused by willful neglect or intentional violation of contractual obligations by the Broker and its representatives;
• result in physical harm to the User’s life, body and health, and derive from the Broker’s breach of duties to the User, and;
• are binding consequences of the Broker’s other legal duties.
7. Data protection
The Broker only stores and applies Users’ personal details and data as permitted under Law. The Broker hereby expressly points out its separate data protection and privacy policy, available on the Broker’s websites.
8. Links
The Broker’s services include links to other websites. The Broker is not responsible for the content of such sites and accepts no liability. The Broker is not aware that any of the third party contents to which the Broker offers links violate any laws. Should this be the case, the Broker will of course delete any such links when alerted to this fact in writing. Any individual or entity following a link on the Broker’s webpages, and signing a contract on third-party websites, does so out of their own free will and on their own responsibility.
9. Copyrights
Contents, layout, design, logo and any other contents of the Broker’s services are copyright of the Broker, and are intended solely for personal use. It is forbidden to reproduce, replicate or modify the Broker’s offering in part or in whole without the Broker’s prior written consent. It is forbidden to copy, send, share or publish any of the data in any form whatsoever.
a) Copyright in all software and source code relating to the design, development or maintenance of the Web Site is owned by or licensed to us, unless otherwise specified, and may not be used, replicated, copied, modified, distributed, adapted, printed or downloaded without our express permission.
b) All rights in the domain name www.superswitcher.com and www.superswitcher.co.uk, and the SuperSwitcher mark are owned by us. Other trading names, company names and trade marks featured on the Web Site are trade marks belonging to the Product Providers or other third parties.
c) We do not make any warranty or representation in respect of any other trade marks than those owned by us and any other trade marks featured on the Web Site are featured at their owners' risk.
10. Competitions
Entrants must be at least 18 years of age, and proof of age will be required before the prize is dispatched.
All qualifying entrants will be placed in a free prize draw.
Winners will be notified within 28 days of the draw taking place.
There is no cash alternative to non-cash prizes.
The competition is not open to anyone associated with SuperSwitcher, or any associated companies.
The judges' decision is final and no correspondence will be entered into.
A list of winners' names is available on written requrest from SuperSwitcher GmbH, Melanchthonstrasse 23, 10557 Berlin, Germany.
No responsibility can be accepted for entries which are not properly received due to communications beyond our control.
Open to UK residents only.
11. Final clause
Should any of the above terms and conditions not apply, the remaining terms and conditions will still remain in force. This contract is governed by German law, and resolution to any legal dispute has to be sought in German courts. If the Broker has no general domestic representation or if the user is a commercial entity, a legal entity under public law or in any exceptional cases, the court of adjudication for any legal disputes relating to this contract is in Berlin. The Broker retains the right to take legal action against the User in the User’s home country and city, however.
SuperSwitcher GmbH always seeks to fully comply with any legal obligations. Should you feel that your legal rights have been violated in any form, please let us know informally first, without involving your lawyers. We are keen to protect your rights, and we would prefer to avoid any legal disputes whenever possible.
