General Terms and Conditions

Table of Contents

1. Scope of Application
2. Conclusion of Contract
3. Right of Withdrawal
4. Prices and Payment Terms
5. Delivery and Shipping Terms
6. Retention of Title
7. Defect Liability (Warranty)
8. Special Conditions for Processing of Goods According to Customer Specifications
9. Redemption of Action Vouchers
10. Applicable Law
11. Jurisdiction
12. Code of Conduct
13. Special Conditions for Subscription Contracts

1) Scope of Application

1.1 These General Terms and Conditions (hereinafter "GTC") of ACS Group GmbH (hereinafter "Seller") apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "Customer") concludes with the Seller regarding the goods presented by the Seller in his online shop. The inclusion of the customer's own conditions is hereby objected to, unless otherwise agreed.

1.2 For contracts for the delivery of goods with digital elements, these GTC apply accordingly, unless something different is regulated in this respect. In this case, the seller owes, in addition to the delivery of the goods, the provision of digital content or digital services (hereinafter "digital products") that are contained in or connected with the goods in such a way that the goods cannot fulfill their functions without them.

1.3 A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor to their independent professional activity.

1.4 An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.

2) Conclusion of Contract

2.1 The product descriptions contained in the seller's online shop do not represent binding offers on the part of the seller, but serve to submit a binding offer by the customer.

2.2 The customer can submit the offer via the online order form integrated into the seller's online shop. In doing so, the customer, after placing the selected goods in the virtual shopping cart and going through the electronic ordering process, submits a legally binding contractual offer with regard to the goods in the shopping cart by clicking the button that concludes the ordering process. The customer can also submit the offer to the seller by e-mail, fax, post or telephone.

2.3 The seller can accept the customer's offer within five days,

• by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the receipt of the order confirmation by the customer is decisive, or
• by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive, or
• by asking the customer to pay after placing their order.

If several of the aforementioned alternatives exist, the contract is concluded at the time when one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the customer sends the offer and ends with the expiry of the fifth day following the sending of the offer. If the seller does not accept the customer's offer within the aforementioned period, this is considered a rejection of the offer with the consequence that the customer is no longer bound to his declaration of intent.

2.4 When selecting a payment method offered by PayPal, payment processing is carried out via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the customer does not have a PayPal account - subject to the conditions for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer pays using a payment method offered by PayPal that can be selected during the online ordering process, the seller declares his acceptance of the customer's offer at the time the customer clicks the button that concludes the ordering process.

2.5 When submitting an offer via the seller's online order form, the contract text is saved by the seller after the contract is concluded and sent to the customer in text form (e.g. e-mail, fax or letter) after the customer has sent their order. The seller does not make the contract text accessible beyond this. If the customer has set up a user account in the seller's online shop before sending their order, the order data is archived on the seller's website and can be accessed by the customer free of charge via their password-protected user account by providing the corresponding login data.

2.6 Before bindingly submitting the order via the seller's online order form, the customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the browser's zoom function, with which the display on the screen is enlarged. The customer can correct their entries during the electronic ordering process using the usual keyboard and mouse functions until they click the button that concludes the ordering process.

2.7 Only the German language is available for the conclusion of the contract.

2.8 Order processing and contact usually take place via e-mail and automated order processing. The customer must ensure that the e-mail address they provided for order processing is correct so that e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.

3) Right of Withdrawal

3.1 Consumers are generally entitled to a right of withdrawal.

3.2 Further information on the right of withdrawal can be found in the seller's withdrawal instructions.

4) Prices and Payment Terms

4.1 Unless otherwise stated in the seller's product description, the prices quoted are total prices that include statutory VAT. Any additional delivery and shipping costs are stated separately in the respective product description.

4.2 The payment option(s) will be communicated to the customer in the seller's online shop.

4.3 If advance payment by bank transfer is agreed, payment is due immediately after the contract is concluded, unless the parties have agreed on a later due date.

5) Delivery and Shipping Terms

5.1 If the seller offers to ship the goods, delivery is made within the delivery area specified by the seller to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the seller's order processing is decisive.

5.2 If delivery of the goods fails for reasons for which the customer is responsible, the customer bears the reasonable costs incurred by the seller as a result. This does not apply to the costs of sending the goods if the customer effectively exercises their right of withdrawal. For return shipping costs, the regulation made in the seller's withdrawal instructions applies in the event of effective exercise of the right of withdrawal by the customer.

5.3 If the customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold passes to the customer as soon as the seller has delivered the item to the freight forwarder, the carrier or the person or institution otherwise designated to carry out the shipment. If the customer acts as a consumer, the risk of accidental loss and accidental deterioration of the goods sold generally only passes to the customer upon handover of the goods to the customer or an authorized recipient. However, the risk of accidental loss and accidental deterioration of the goods sold also passes to consumers as soon as the seller has delivered the item to the freight forwarder, the carrier or the person or institution otherwise designated to carry out the shipment, if the customer has commissioned the freight forwarder, the carrier or the person or institution otherwise designated to carry out the shipment and the seller has not previously named this person or institution to the customer.

5.4 The seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This only applies if the non-delivery is not the seller's fault and the seller has concluded a concrete covering transaction with the supplier with due care. The seller will make all reasonable efforts to procure the goods. In the event of unavailability or only partial availability of the goods, the customer will be informed immediately and the consideration will be refunded immediately.

5.5 If the seller offers the goods for collection, the customer can collect the ordered goods within the business hours specified by the seller at the address specified by the seller. In this case, no shipping costs are charged.

6) Retention of Title

If the seller makes advance payments, he reserves ownership of the delivered goods until the purchase price owed has been paid in full.

7) Defect Liability (Warranty)

7.1 Unless otherwise stipulated in the following provisions, the statutory provisions on defect liability apply. For contracts for the delivery of goods, the following applies:

7.2 If the customer acts as an entrepreneur,

• the seller has the choice of the type of subsequent performance;
• the limitation period for defects in new goods is one year from delivery of the goods;
• rights and claims due to defects in used goods are excluded;
• the limitation period does not start again if a replacement delivery is made as part of the defect liability.

7.3 The liability limitations and limitation periods regulated above do not apply

• for the customer's claims for damages and reimbursement of expenses,
• in the event that the seller has fraudulently concealed the defect,
• for goods that have been used for a building in accordance with their customary use and have caused its defectiveness,
• for any existing obligation of the seller to provide updates for digital products in contracts for the delivery of goods with digital elements.

7.4 Furthermore, for entrepreneurs, the statutory limitation periods for any existing statutory recourse claim remain unaffected.

7.5 If the customer acts as a merchant within the meaning of § 1 HGB, he is subject to the commercial duty to examine and complain in accordance with § 377 HGB. If the customer fails to comply with the notification obligations regulated there, the goods are deemed to have been approved.

7.6 If the customer acts as a consumer, they are asked to complain about delivered goods with obvious transport damage to the delivery person and to inform the seller of this. If the customer does not comply with this, this has no effect on their statutory or contractual claims for defects.

8) Special Conditions for Processing of Goods According to Customer Specifications

8.1 If the seller owes, in addition to the delivery of goods, the processing of the goods according to certain specifications of the customer based on the content of the contract, the customer must provide the seller with all content required for processing, such as texts, images or graphics, in the file formats, formatting, image and file sizes specified by the seller, and grant him the usage rights required for this. The customer is solely responsible for obtaining and acquiring rights to this content. The customer declares and assumes responsibility for having the right to use the content provided to the seller. In particular, he ensures that no third-party rights are violated, in particular copyright, trademark and personal rights.

8.2 The customer indemnifies the seller against claims by third parties that they can assert against the seller in connection with a violation of their rights through the seller's contractually compliant use of the customer's content. The customer also bears the necessary costs of legal defense, including all court and attorney costs in the statutory amount. This does not apply if the customer is not responsible for the legal violation. The customer is obliged to provide the seller with all information that is necessary for examining the claims and defending against them immediately, truthfully and completely in the event of claims by third parties.

8.3 The seller reserves the right to reject processing orders if the content provided by the customer for this purpose violates legal or official prohibitions or good morals. This applies in particular to the provision of content that is hostile to the constitution, racist, xenophobic, discriminatory, insulting, harmful to minors and/or glorifies violence.

9) Redemption of Action Vouchers

9.1 Vouchers that are issued free of charge by the seller as part of advertising campaigns with a specific validity period and cannot be purchased by the customer (hereinafter "action vouchers") can only be redeemed in the seller's online shop and only within the specified period.

9.2 Individual products can be excluded from the voucher campaign if this restriction results from the content of the action voucher.

9.3 Action vouchers can only be redeemed before the order process is completed. Subsequent settlement is not possible.

9.4 Only one action voucher can be redeemed per order.

9.5 The value of the goods must at least correspond to the amount of the action voucher. Any remaining credit will not be refunded by the seller.

9.6 If the value of the action voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be selected to settle the difference.

9.7 The credit of an action voucher is neither paid out in cash nor does it bear interest.

9.8 The action voucher will not be refunded if the customer returns the goods paid for in whole or in part with the action voucher within the framework of their statutory right of withdrawal.

9.9 The action voucher is transferable. The seller can perform with discharging effect to the respective holder who redeems the action voucher in the seller's online shop. This does not apply if the seller has knowledge or grossly negligent ignorance of the lack of authorization, incapacity or lack of power of representation of the respective holder.

10) Applicable Law

German law applies to all legal relationships between the parties, excluding the laws on the international sale of movable goods. For consumers, this choice of law only applies insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has their habitual residence.

11) Jurisdiction

If the customer acts as a merchant, legal entity under public law or special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the seller's place of business. If the customer has its registered office outside the territory of the Federal Republic of Germany, the seller's place of business is the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims from the contract can be attributed to the customer's professional or commercial activity. However, the seller is entitled to call the court at the customer's registered office in all the aforementioned cases.

12) Code of Conduct

• The seller has submitted to the participation conditions for the eCommerce initiative "Fairness in Trade", which can be viewed on the Internet at https://www.fairness-im-handel.de/teilnahmebedingungen/.
• The seller has submitted to the guidelines for "Google Customer Reviews", which can be viewed on the Internet at https://support.google.com/merchants/topic/7105962.

13) Special Conditions for Subscription Contracts

13.1 The purchase of the MDM service "iPadmanager" is a continuing service contract with an annual term.

13.2 The subscription is automatically renewed for twelve months each, unless it is terminated in writing by e-mail to the seller in good time - at least four weeks before the end of the term.

13.3 The contract also ends automatically, without requiring termination, with the end of the student's school time for whom the service was booked. A notification about the end of school time must be provided by the customer or the school.

13.4 Payment is made annually in advance by SEPA direct debit. The customer undertakes to issue a corresponding mandate and to ensure sufficient account coverage.

13.5 The right of withdrawal expires with the start of contract execution in accordance with § 356 para. 5 BGB, provided that the customer has expressly agreed to this execution.