Status 11.11.2023
General Terms and Conditions and consumer information in the context of purchase contracts concluded by MRS Project UG for the individual projects/initiatives, hereinafter also referred to as "MRS" or "Seller", and the customer, hereinafter also referred to as customer/member of the initiative.
1. Scope of application and general information
1.1 Subject to individual arrangements and agreements, which take
These General Terms and Conditions shall apply exclusively to the business relationship between MRS and each member of the Initiative. Unless otherwise agreed, the inclusion of the customer's own terms and conditions is rejected.
1.2 The customer is a private individual and consumer insofar as he concludes the contract for purposes that can predominantly be attributed neither to his commercial nor his independent professional activity. In contrast, an entrepreneur is any natural or legal person or a partnership with legal capacity that acts in the exercise of its commercial or independent professional activity when executing a legal transaction.
2. Conclusion of contract
2.1 The contract is concluded with:
MRS Project UG (validity also exists for any change of name to MRS Project GmbH), Bahnhofstraße 92, D 82166 Gräfelfing (Munich)
2.2 The essential features of membership of a project/initiative are set out in the description on the website.
2.3 The offers on the Website merely constitute a non-binding invitation to the Customer to whom MRS submits a corresponding purchase offer. As soon as MRS has received the Customer's order, a confirmation of the Customer's order (participation) will be sent to the Customer, usually automatically by e-mail (order confirmation). The order confirmation does not yet constitute acceptance of the order. After receipt of the customer's order, the seller will check it at short notice and inform the customer within two working days whether it accepts the order (order confirmation for participation in the initiative/project). The order process works as follows:
2.4 The customer can select the project/initiative. By clicking on the "Become a member" button, the customer places a binding order to purchase the service/membership offered. The application can only be submitted and transmitted if the customer has accepted these terms and conditions by clicking on the "Accept terms and conditions" button and has thereby included them in his application. The seller then sends the customer an automatic confirmation of receipt by e-mail, in which the customer's order is listed again and which the customer can print out using the "Print" function. The automatic confirmation of receipt merely documents that the customer's order has been received by MRS and does not constitute acceptance of the application. The contract is only concluded when MRS issues the declaration of acceptance, which is sent in a separate email or confirmation.
2.5 The order/application for membership can be made via the website by post or fax, see the corresponding information on the website. In these cases, the customer confirms in writing that he/she has read and accepts the MRS General Terms and Conditions.
3. Subject matter of the contract, quality, delivery, availability of goods
3.1 The subject matter of the contract shall be the goods and services specified in the customer's order and stated in the order and/or order confirmation at the prices stated on the website. These prices may vary depending on the project/initiative. They are listed in detail on the relevant project page as net or gross prices. Unless otherwise agreed, the customer shall pay the price for membership of his initiative/project independently in accordance with the price table. For the acceptance of the membership fee, the customer shall provide MRS with meaningful, required documents in accordance with the declaration on the forms. Errors and mistakes are reserved, especially with regard to the availability of membership in an initiative.
3.2 The nature and characteristics of a membership result from its description on the website. This description may be imprecise. The description of services is as precise as possible, but may differ from the content communicated. The features described here do not constitute defects in the services offered and delivered by MRS.
3.3 If no membership is available at the time of the order, MRS shall inform the Buyer of this immediately. MRS reserves the right not to accept applications for memberships. In this case, the Purchaser will be informed without stating reasons. This also applies in the event that a membership has already been accepted and paid for. In this case, the customer will receive a full refund of the membership fee paid as quickly as possible, without MRS paying interest.
3.4 There is no mandate relationship between MRS and its customers/members. This can be entered into by the MRS itself, its managing directors or third parties, from which the MRS benefits in the latter case by being integrated into these mandate relationships of third parties. The involvement of clients/initiative members in projects is indicated in the description of the project/initiative on the website.
3.5 MRS does not provide legal advice. It or its managing directors or third parties mandate lawyers/lawyers who act accordingly under this mandate. MRS therefore communicates only the facts, assessments and factual assertions of the relevant lawyers/attorneys on specific topics.
4. Delivery, prices, shipping costs
4.1 Membership in an initiative takes place no later than two days after receipt of payment. This payment can be made as e-commerce directly via the website or by cash on delivery.
4.2 As a rule, delivery/participation only takes place within the EU. In exceptional cases, memberships may also be granted outside the EU. In this case, an enquiry must first be made via the email address provided on the website, which will be processed and answered by a member of the management. Potential customers/members from the UK are not affected by this exception.
4.3 Unless otherwise stated, all prices include VAT. The customer/member will receive an invoice with VAT shown.
4.4 Unless otherwise communicated, the customer pays a one-off price/fee for participation in the project/membership of the initiative.
5. payment
Payment shall be made in advance: electronically via the MRS website or by bank transfer, as well as by cash on delivery.
6. Warranty for material defects
6.1 MRS shall be liable for material defects in accordance with the applicable statutory provisions, in particular Sections 434 et seq. of the German Civil Code (BGB).
6.2 A guarantee only exists for the services delivered by MRS if this was expressly stated in the order confirmation.
6.3 Complaints and claims for liability for defects can be made at any time at the address given in the provider identification.
7. Retention of title
Until full payment has been made, membership of a project/initiative is deemed to be unrealised and remains the property of MRS.
8. Liability
The statutory provisions apply.
9. text of the contract
The text of the contract is stored on MRS's internal systems. The customer/initiative member can view the General Terms and Conditions at any time. The order data and the General Terms and Conditions are available to the customer on the website and will also be sent by e-mail on request. After completion of the order, the order data is no longer accessible via the Internet for security reasons.
10. Final provisions
10.1 The contract language is German, unless otherwise stated and made available for use.
10.2 The law of the Federal Republic of Germany shall apply to contracts between MRS and the customer to the exclusion of the laws on the international purchase of services or movable goods. This choice of law applies to customers and consumers only insofar as the protection granted to the customer by mandatory provisions of the law of the state of the consumer's habitual residence is not withdrawn.
10.3 If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between MRS and the customer shall be the registered office of MRS. This also applies if the Customer does not have a general place of jurisdiction in Germany or the EU, or if his place of residence or habitual abode is unknown at the time the action is filed.
10.4 If MRS is active in other business areas such as those described here, for example in publishing, advertising, sales or PR, extended GTCs apply, which are not relevant here, but do not exclude the contents listed here.
We would like to thank the law firm Jacob Metzler