General Terms and Conditions (GTC)
General Terms and Conditions (AGB)
Available online: https://www.jack-works.at/agb
1. General
These General Terms and Conditions (AGB) govern the contractual relationship between Xplore Commerce GmbH, operator of the brand Jack (hereinafter "Jack" or "Company"), and its customers. These terms apply to both consumers (B2C) and businesses (B2B) under the Austrian Consumer Protection Act (KSchG) and Commercial Code (UGB). Deviating customer terms are not accepted unless explicitly agreed upon in writing by Jack. These AGB apply to all contracts, deliveries, and services from Jack, including use of the online shop, phone orders, and other transactions. Changes to these AGB will be communicated in text form and are deemed approved unless the customer objects in writing within four weeks. Contracts with businesses are concluded solely for business relationships under the UGB and do not apply to consumers under the KSchG.
2. Conclusion of Contract
A contract between Jack and the customer is formed by the customer's order and Jack's confirmation. Product presentations in the online shop are non-binding offers. By clicking the “Place Order” button, the customer submits a legally binding offer. Contracts are concluded in German and only for deliveries within Austria. Jack reserves the right to reject orders, especially if they violate laws or if there are concerns about the customer’s creditworthiness.
3. Prices and Payment
All prices are in euros (€) including VAT unless otherwise specified. For businesses, VAT is added. Payment is made in advance, via bank transfer, credit card, PayPal, cash, or other offered methods. Discounts require explicit written agreement. Payments are due immediately upon invoicing. In case of delay, Jack may charge statutory interest and reminder fees. For businesses, the interest rate is 9.2 percentage points above the base rate (§ 456 UGB); for consumers, 4 percentage points (§ 1000 ABGB).
4. Delivery and Risk Transfer
Delivery is to the address provided by the customer. Partial deliveries are permitted if reasonable for the customer. For consumers, the risk passes upon delivery to the customer or authorized person. For businesses, risk transfers upon delivery to the carrier. Jack is not liable for delays due to force majeure, official orders, or unforeseeable events. Delivery times are non-binding unless otherwise agreed in writing.
5. Retention of Title
Goods remain Jack's property until fully paid. For businesses: if resold, claims against third parties equal to the invoice amount are assigned to Jack. Resale is allowed only in regular business operations. The buyer must treat goods carefully and insure them adequately. Third-party interventions (e.g., seizures) must be reported to Jack immediately. Pledging or security transfer of the goods is prohibited without Jack's consent.
6. Warranty and Liability
Consumers:
Jack is liable for defects under statutory law. Warranty period is 2 years from delivery. Customers have the right to repair or replacement. If this fails, they may reduce the price or withdraw from the contract. Excluded are damages due to improper use, wear parts (e.g., blades, filters), poor maintenance, or unauthorized repairs. Not considered defects are normal signs of wear from regular use. Warranty exclusions include:
– Damage from unauthorized repairs or modifications;
– Use outside intended purpose or conditions the device isn't designed for (e.g., steep slopes, flood areas);
– Use outside the manufacturer’s parameters, including improper engine use (low RPM, overloading, lack of lubrication);
– Software modifications, unauthorized firmware, or accessories;
– Failure to perform proper maintenance;
– External causes like animal bites, vandalism, theft, or force majeure (lightning, storm, floods);
– Improper storage or transport unless reported immediately.
Damage from continued use after a known defect is also excluded, especially if caused by ignoring warnings or operational faults (e.g., loose chains, strange noises, performance loss). Claims must be made immediately after discovering a defect.
Businesses:
Warranty period is 1 year from delivery. Obvious defects must be reported in writing within 7 days. Jack is liable only for gross negligence or intent. In case of slight negligence, liability is limited to typical foreseeable damage. Further claims are excluded. Warranty exclusions are the same as for consumers, particularly for heavy or professional use (e.g., municipalities, service providers). Continued use after defect discovery voids warranty. Claims must be made promptly after defect discovery.
7. Withdrawal and Right of Revocation
There is no legal right of withdrawal (as products are not sold via distance selling). Standard on-site purchase rules and individual agreements apply. Custom-made or personalized products are excluded from withdrawal.
8. Limitation of Liability
Jack is liable for slight negligence only in breach of essential contract duties and limited to foreseeable, typical damage. For businesses, liability is limited to the net value of goods. No liability for lost profit, production downtimes, or indirect damages. Jack is not liable for consequential damages unless due to gross negligence or intent.
9. Product Liability and Indemnification
The customer must handle the goods carefully and follow all instructions and warnings. If these obligations are breached, the customer indemnifies Jack from third-party product liability claims where the customer is responsible for the defect. The customer agrees not to alter products and to pass on all safety/warning information upon resale.
10. Copyright and Intellectual Property
All content, designs, texts, and graphics on Jack’s website are protected by copyright. Use without Jack’s explicit consent is prohibited. Customers may not reproduce, modify, or distribute products unless expressly permitted.
11. Services (e.g., Lawn Mowing Service)
Jack offers mowing and lawn care services based on individual agreements. Appointments are made by arrangement, and the customer must ensure clear access to the property at the agreed time. If access is denied or the customer is absent, travel costs may be charged. The customer must ensure a safe, accessible work area and remove all foreign objects before mowing. These include metal, stones, ropes, toys, tools, wood, etc. The customer is liable for all damage caused by such objects, including damage to the mower and resulting property damage (e.g., buildings, fences, cars). Jack is not liable for damage due to uninspected or poorly maintained mowing areas.
12. Data Protection
Jack processes personal data in accordance with the GDPR. More information is available in the privacy policy.
13. Applicable Law and Jurisdiction
Austrian law applies exclusively, excluding the UN Sales Convention (CISG). Jurisdiction for all disputes is, where legally permissible, the registered office of Xplore Commerce GmbH.
14. Severability and Final Provisions
If individual provisions are invalid, the rest remain unaffected. Changes and additions must be in writing. Individual agreements take precedence.
Version: 15.6.2025