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General Terms and Conditions (GTC) – Online Shop
Only the German version is legally valid

1. General

These General Terms and Conditions apply to all contracts concluded between Xplore Commerce GmbH, Höllgrund 3, 8083 St. Stefan im Rosental, operator of the Jack brand, and customers via the online shop at www.jack-works.at. They apply exclusively to orders placed through the online shop in distance selling. Separate General Terms and Conditions apply to contracts concluded outside the online shop, particularly for on-site sales, demonstration devices, services, or individually agreed services. Customers in the sense of these GTC are both consumers within the meaning of the Consumer Protection Act and entrepreneurs within the meaning of the Commercial Code. Deviating conditions of the customer are not recognized unless Jack has expressly agreed to them in writing.

2. Conclusion of Contract in the Online Shop

The presentation of products in the online shop does not constitute a legally binding offer, but rather an non-binding invitation to submit an order. By clicking the button "Order with obligation to pay", the customer submits a binding offer to conclude a purchase contract. The contract is only concluded through the express acceptance of the order by Jack, for example, through an order confirmation via email. Contracts are concluded exclusively in German.

3. Customer Account and Customer Types

For certain areas of the online shop, the registration of a customer account is required. Each online registration is made by default as a consumer. A classification as an entrepreneur or as a dealer or wholesale customer occurs exclusively after a separate review and explicit approval by Jack. Until such approval, all consumer protection regulations apply. There is no entitlement to classification as an entrepreneur or dealer.

4. Prices and Payment Terms

All prices are in euros. For consumers, the prices include the statutory value-added tax; for entrepreneurs, the prices are plus the statutory value-added tax unless expressly stated otherwise. Jack reserves the right to refuse orders in the event of obvious price or product errors. The payment methods offered in the online shop are available exclusively for online orders. Consumers pay exclusively via the offered online payment methods, particularly via Stripe. Entrepreneurs may be granted additional payment methods such as invoice or bank transfer after approval. Payments are due upon conclusion of the contract unless otherwise agreed.

5. Delivery and Transfer of Risk

Delivery is made to the delivery address specified by the customer. Shipping costs, delivery times, and delivery restrictions are indicated in the online shop before the order is completed. Jack is entitled to partial deliveries, provided they are reasonable for the customer. For consumers, the risk of accidental loss or accidental deterioration of the goods passes to the customer or an authorized recipient upon delivery. For entrepreneurs, the risk passes upon delivery of the goods to the carrier.

6. Retention of Title

The goods remain the property of Jack until full payment is made. For entrepreneurs, it additionally applies that the resale of the goods may only take place in the ordinary course of business. Claims from a resale are assigned to Jack in the amount of the invoice amount.

7. Right of Withdrawal for Consumers

Consumers have a fundamental right of withdrawal of fourteen days for distance selling contracts. In the event of a withdrawal, the consumer bears the direct costs of returning the goods, unless otherwise stipulated in the withdrawal instruction. The specific conditions, deadlines, and legal consequences of the withdrawal, particularly regarding returns, refunds, and return costs, are regulated in the separate withdrawal instruction, which is part of the contract and is made available to the customer before placing the order.

8. Exclusion of the Right of Withdrawal

There is no right of withdrawal, particularly for goods that are made to customer specifications, for clearly personalized goods, and for print-on-demand products that are individually produced only after ordering. There is no right of withdrawal for print-on-demand products according to § 18 Abs. 1 Z 3 FAGG.

9. Warranty and Liability

Consumers: Jack is liable for defects according to the statutory provisions. The statutory warranty period is 2 years from receipt of the goods. In case of defects, the customer is entitled to subsequent performance (remedy of defects or replacement delivery). If the subsequent performance fails or is unreasonable, the customer can reduce the purchase price or withdraw from the contract. Excluded are damages due to improper use, all wear parts (e.g., knives, filters), improper maintenance and servicing of the product, as well as interventions by unauthorized persons. Usual signs of wear that arise from the intended use of the device do not count as defects. Furthermore, the following cases are excluded from the warranty:

  • Damages resulting from assembly, modifications, or repairs by third parties not authorized by Jack;
  • Damages caused by using the product outside of its intended use or under conditions for which the device is not designed (e.g., extreme slopes, flood areas, weather conditions);
  • Damages resulting from operation outside the operating parameters specified by the manufacturer are excluded from the warranty. This particularly includes damages resulting from improper use of the motor (e.g., operation at too low RPM, overload, insufficient lubrication, lack of oil) or non-compliance with the operating manual;
  • Disruptions or damages resulting from changes to the software, use of unauthorized firmware, or unapproved accessories or spare parts;
  • Defects that are due to a failure to carry out the recommended maintenance intervals properly or at all;
  • Damage caused by external influences such as animal bites, vandalism, theft, or force majeure (e.g., lightning, storm, flood);
  • Damage resulting from improper storage or transport, unless these were immediately complained about after receipt.

Damage that occurs from the continued operation of the product after the appearance of an obvious or indicated defect is excluded from the warranty. This particularly applies to consequential damages caused by ignoring warning signs or obvious operational disturbances (e.g., loose or broken chains, unusual noises, loss of performance, etc.). Claims must be made immediately after the discovery of a defect. The place of performance for warranty claims is the business location of Jack (Xplore Commerce GmbH). The customer is obliged to send the affected product for inspection at their own expense to Jack. An on-site inspection or repair will only take place after explicit approval and at the customer's expense, unless otherwise provided by law. There is no claim for the provision of a replacement device during the inspection period.

Entrepreneur: The warranty period is 1 year from the delivery of the goods. Entrepreneurs must report obvious defects immediately, but no later than 7 days after receipt of the goods, in writing. Jack is only liable for gross negligence and intent. In the case of slightly negligent breaches of essential contractual obligations, liability is limited to the typical, foreseeable damage. Further claims for damages are excluded. Excluded are damages due to improper use, all wear parts (e.g., knives, filters), improper maintenance and servicing of the product, as well as interventions by unauthorized persons. Claims must be made immediately after the discovery of a defect. This applies particularly in the case of intensive or commercial use, such as by professional users, municipalities, or service providers. The exclusion criteria listed under "consumers" apply accordingly to entrepreneurs.

Demonstration devices and used goods

As far as demonstration devices or used goods are offered in the online shop, these are to be understood as products that were used for demonstration or testing purposes before sale and are sold as used goods; corresponding signs of use are possible. Demonstration devices or used goods are explicitly marked as used to the customer before the conclusion of the contract. The warranty period for demonstration devices and used goods for consumers (B2C) is one (1) year from delivery and for entrepreneurs (B2B) six (6) months from delivery. Excluded from the warranty are particularly normal wear and tear and signs of use as well as wear parts.

10. Limitation of liability

Jack is liable in cases of slight negligence only for damages arising from the violation of essential contractual obligations and limited to the foreseeable, typically occurring damage. For entrepreneurs, liability is limited to the net goods value. Jack is not liable for lost profits, production downtime, or indirect damages. Jack assumes no liability for indirect or consequential damages, unless they are based on gross negligence or intent.

11. Product Liability and Indemnification

The customer is obliged to handle the purchased item with care and to pay close attention to the operating instructions and warnings. In case of violation of these obligations, the customer indemnifies Jack from product liability claims of third parties, as far as the customer is responsible for the error that triggers the liability. The customer agrees not to alter the goods and to pass on all safety and warning notices when reselling.

12. Print-on-Demand and Special Products

For print-on-demand products, production only occurs after an order is placed. Production and material-related deviations in color, print, or quality do not constitute a defect. Delivery is made through external fulfillment partners.

13. Copyright and Intellectual Property

All content, designs, texts, and graphics on Jack's website are protected by copyright. Any use without the express consent of Jack is prohibited. The customer is not entitled to reproduce, modify, or distribute Jack's products unless expressly permitted.

14. Data Protection

Jack processes personal data in accordance with the General Data Protection Regulation (GDPR). Further information can be found in the privacy policy.

15. Applicable Law and Jurisdiction

Austrian law applies exclusively, excluding the UN Sales Convention (CISG). The place of jurisdiction for all disputes is, as far as legally permissible, the registered office of Xplore Commerce GmbH.

16. Severability Clause and Final Provisions

Should individual provisions of these GTC be or become ineffective, the effectiveness of the remaining provisions shall remain unaffected. Changes and additions require written form. The priority of individual agreements remains unaffected.

Version 1.1.26