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

1. General

These General Terms and Conditions (GTC) govern the contractual relationships between Xplore Commerce GmbH, operator of the Jack brand (hereinafter "Jack" or "Company"), and its customers. These GTC apply to both consumers (B2C) and entrepreneurs (B2B) within the meaning of the Austrian Consumer Protection Act (KSchG) and the Commercial Code (UGB). Deviating conditions of the customer are not recognized unless Jack has expressly agreed to them in writing. These GTC apply to all contracts, deliveries, and other services of Jack, including the use of the online shop, telephone orders, and other business transactions. Changes to these GTC will be communicated to the customer in text form and are considered approved if the customer does not object in writing within four weeks of receipt. Contracts with companies are concluded exclusively for business relationships within the meaning of the Commercial Code (UGB) and do not apply to consumers within the meaning of the KSchG.

2. Conclusion of Contract

A contract between Jack and the customer is concluded through the customer's order and the confirmation of the order by Jack. The presentation of the products in the online shop does not constitute a legally binding offer, but rather an invitation to order without obligation. The customer makes a legally binding offer by clicking the button "Order with costs". Contracts via the online shop are concluded exclusively in German and only for deliveries to addresses within Austria. Jack reserves the right to refuse orders, especially if they violate legal provisions or there are justified doubts about the customer's creditworthiness.

3. Prices and Payment

All prices are in euros (€) including the statutory value-added tax, unless otherwise stated. For entrepreneurs, the billing is plus the applicable sales tax. Payment is made in advance, by bank transfer, credit card, PayPal, cash, or other payment methods offered in the contractual documents. The deduction of discounts requires an explicit written agreement. Payments are due immediately after invoicing. If the customer is in default of payment, Jack is entitled to demand default interest at the statutory rate as well as reminder fees. For entrepreneurs, the default interest rate is 9.2 percentage points above the base interest rate according to § 456 UGB, for consumers 4 percentage points according to § 1000 ABGB.

4. Delivery and Transfer of Risk

The delivery is made to the delivery address specified by the customer. 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 to the carrier, the freight forwarder, or any other person designated for the execution of the shipment. Jack is not liable for delays due to force majeure, official orders, or other unforeseeable events. Delivery dates and deadlines are non-binding unless expressly agreed otherwise in writing.

5. Retention of Title

The goods remain the property of Jack until full payment is made. For entrepreneurs, the following also applies: In the event of resale of the goods, the entrepreneur assigns their claim against the third party in the amount of the invoice amount to Jack. Resale may only occur in the ordinary course of business. The entrepreneur is obliged to handle the purchased item with care and to insure it adequately against fire, water, and theft damage. Seizures or other interventions by third parties in the purchased item must be reported to Jack immediately. A pledge or transfer of security of the purchased item is not permitted without the consent of Jack.

6. 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., blades, 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 qualify 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 that occur from 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 that occur 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 this was immediately complained about after receipt.

Damage that occurs due to the continued operation of the product after the occurrence of an obvious or indicated defect is excluded from the warranty. This particularly applies to consequential damages caused by ignoring warnings 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 registered office 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 entitlement to 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 violation 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

Demonstration devices are products that have been used for demonstration or testing purposes before sale and are sold as used goods; corresponding signs of use are possible. Demonstration devices are explicitly marked as used to the customer before the conclusion of the contract. The warranty period for demonstration devices 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.

7. Right of withdrawal and revocation

There is no statutory right of withdrawal (product is not sold via distance selling). The general rules for in-person purchases and individual agreements apply. Custom-made and personalized products are excluded from the right of withdrawal.

8. Limitation of Liability

Jack is only liable in cases of slight negligence for damages resulting 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.

9. 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.

10. 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.

11. Provision of Services (e.g., Mowing Service)

Jack offers lawn care and mowing services that are provided based on individual agreements with the customer. Appointments are made by arrangement, with the customer ensuring that unobstructed access to the property is possible at the agreed time. If access is not guaranteed or the customer is not present at the agreed time, Jack reserves the right to charge for the incurred travel costs.

The customer agrees to provide a safe and freely accessible working environment and to completely clear the area to be mowed of foreign objects before the start of the mowing service. This includes, but is not limited to: metal parts, stones, ropes, wire, toys, tools, pieces of wood, or other objects that may impair or damage the operation of the mowing robot. The client is solely liable for damages and consequential damages caused by unremoved obstacles. This particularly applies to damages to the mowing robot as well as resulting consequential damages (e.g., to buildings, fences, or vehicles).

Jack assumes no liability for damages resulting from a defective or inadequately controlled mowing area.

12. Data Protection

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

Direct advertising by e-mail to existing customers

(1) The provider is entitled to use the e-mail address provided by the customer in the context of a contract conclusion to send information about its own similar products or services. These communications are sent exclusively to existing customers within the meaning of § 107 Abs. 3 TKG.

(2) The customer can object to the use of their email address for this purpose at any time. The objection can be made via the unsubscribe link included in each email or by notifying the contact address provided in the imprint.

13. 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.

14. Severability Clause and Final Provisions

Should individual provisions of these terms and conditions 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