Terms of use

1. General

The MÜPRO online store is operated by MÜPRO GmbH, Borsigstraße 14, 65205 Wiesbaden, Germany, registered at the local court of Wiesbaden under number HRB 33055 (‘MÜPRO’).

These terms of use contain the terms and conditions of use of the MÜPRO online store that apply between MÜPRO and the user. By being approved in the sense of section 2, the user acknowledges the binding nature of these terms of use.

MÜPRO reserves the right to amend the terms of use at any time, even without providing prior notice.

2. Approval for and access to the MÜPRO online store

The user must register and the registration must be approved by MÜPRO before the MÜPRO online store can be used. The MÜPRO online store is only available to merchants and legal entities under public law. Consumers are not permitted to use the MÜPRO online store. Users are not entitled to be approved for or use the MÜPRO online store.

When registering, the user must provide his/her company data and invoice data and specify a main user or representative in the application for approval. The application for approval is accepted by means of a confirmation of approval sent by email or fax.

The user is responsible for ensuring that the information he/she provides in the application for approval is true and complete. The user undertakes to notify MÜPRO of all future changes to the information.

MÜPRO is entitled to refuse to approve the application and refer the applicant to a sales partner if the applicant is based in a country or territory in which MÜPRO has agreed to exclusive distribution rights. A list of the countries in which MÜPRO has agreed to exclusive distribution rights can be found in a prominent position before the MÜPRO online store.

MÜPRO is entitled to withdraw its approval from a user or block access to the MÜPRO online store if it has sufficient reason to suspect that a user has infringed against these terms of use. The user can avert these measures if he/she is able to dispel the suspicion by presenting suitable evidence at his/her own expense.

All login details are personalised and may only be used by the rightful user. The user is obliged to protect his/her username and password so that they cannot be accessed by unauthorised third parties. The user must notify MÜPRO without undue delay if he/she suspects misuse by a third party. As soon as MÜPRO is notified of the unauthorised use, MÜPRO shall block the access of the user. MÜPRO reserves the right to change the username and password of a user; in this case, MÜPRO shall notify the user without undue delay.

3. Conclusion of contracts in the MÜPRO online store

The presentation of goods in the MÜPRO online store does not represent an offer in the sense of Section 145ff. of the German Civil Code (BGB). The buyer first submits a binding purchase offer by placing an order by email.

A confirmation of receipt does not represent a binding acceptance of the purchase offer.

All declarations of consent submitted using the username and password of a user are binding for and against that user unless MÜPRO is aware that the party submitting the declaration does not have the right to represent the user.

The purchase agreement itself comes into effect under the conditions set out in the GTC. By registering as a user, the buyer agrees to the applicability of these GTC. He/she has expressly declared this agreement by clicking on the corresponding button.

4. Liability of MÜPRO

MÜPRO is unrestrictedly liable for intent and gross negligence yet is only liable for ordinary negligence in the event of a breach of a material contractual duty. Its liability for a breach of a material contractual duty is limited to the typical damage that, given the known circumstances at the time, MÜPRO had to have expected upon entering into the contract.

MÜPRO accepts no liability for disruptions to the network for which MÜPRO is not culpable.

5. Other duties of the user. The user undertakes to do the following:

• notify MÜPRO immediately of technical changes that occur in its field if they are intended to impede the performance of services by MÜPRO or the security of the MÜPRO online store;
• omit any and all measures that jeopardise or disrupt the functionality of the MÜPRO online store;
• ensure that the information transmitted to the MÜPRO online store does not contain viruses, worms or Trojan horses.

6. Final provisions

The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. The place of exclusive jurisdiction for all disputes is Frankfurt am Main. Additionally, MÜPRO is entitled to file a lawsuit at the place of general jurisdiction of the user.

If any provision of these terms of use should be or become ineffective and/or conflict with the statutory regulations, this will not affect the effectiveness of the remaining terms of use. The contractual partners shall mutually replace the ineffective provision with a legally effective provision which best approximates the economic purpose of the ineffective provision. This provision applies analogously to loopholes.

Status as of July 2020