1. Scope
These General Terms and Conditions (hereinafter “GTCs”) of Jaksche Kunststofftechnik GmbH (hereinafter “JKT”), Framrach 39, 9433 St. Andrä, Austria, operates an online store for goods and services at the website https://cover-too.com. The following GTCs apply to all services concluded between JKT and a consumer or an entrepreneur.
The provisions of consumer protection law shall apply to consumer transactions, in particular the provisions of the Austrian Distance Selling and Transactions Away from Home Act (hereinafter referred to as “FAGG”) and, on a subsidiary basis, the provisions of the Austrian Consumer Protection Act.
“Consumers” in the sense of these GTCs are to be understood as natural (possibly also legal) persons and partnerships with legal capacity for whom the conclusion of a contract with JKT is not part of the operation of a/their business. The purpose of the order does not therefore serve a commercial, self-employed or freelance activity.
By contrast, “entrepreneurs” within the meaning of these GTCs are natural persons or legal entities as well as partnerships with legal capacity for which the respective transaction is business-related. The demarcation between consumers and entrepreneurs is based on the Austrian Consumer Protection Act and the Austrian Commercial. An enterprise is any permanent organization of independent economic activity, even if it is not profit-oriented. Commercial entities and legal persons under public law – with regard to the regulations applicable to the specific business transaction – are always considered entrepreneurs.cover-too
2. Acknowledgement of the GTCs
By using our online store, the customer acknowledges our GTCs and agrees to them as soon as the customer places an order. We reserve the right to change the General Terms and Conditions at any time. The customer can complete a purchase only if he/she has checked the checkbox in the ordering process and determines that he/she has read and agrees to ALL of the terms, conditions, disclaimers and exclusions stated on this page.
The contracting parties agree to the application of Austrian law. If the consumer is domiciled or habitually resident in Austria or if he/she is employed in Austria, only the court in whose jurisdiction the domicile, habitual residence or place of employment is located may have jurisdiction to bring an action against him/her. This does not apply to legal disputes that have already arisen.
3. Protective clause
These GTCs shall apply exclusively to the conclusion of our contracts; we shall not recognize any terms and conditions of the customer that conflict with or deviate from our GTCs unless we have expressly agreed to their validity in writing.
4. Contract conclusion
Our product presentation in the online store https://cover-too.com does not constitute a binding offer in the legal sense, rather the customer is invited to submit a binding offer. The offer in the legal sense is made by the customer by placing the order via the online ordering procedure integrated in the JKT online store. JKT’s online store is focused on Europe, North and South America, Japan and Russia. The delivery addresses or deliverable countries are preconfigured in our online store, and we only deliver to delivery addresses in the aforementioned states. For different delivery addresses, please contact us. The contact details can be found in our ‘About’ section.
Before the customer can place an order, the customer is asked to register for the online store. Each registered customer confirms to be at least 18 years old.
Following registration, the customer will have a user account. It is not possible to order as a guest customer.
The order by the registered customer is made in the following steps:
- Selection of the desired goods, the selected service(s).
- Adding the products by clicking the corresponding button (e.g. “Add to shopping cart”, “Add to shopping bag”, or suchlike).
- Checking the information in the shopping cart.
- Opening the order overview by clicking on the corresponding button (e.g. “Continue to checkout”, “Continue to payment”, “To order overview”, or suchlike).
- Entry/verification of address and contact details, selection of payment method, confirmation of the GTCs and cancellation policy.
- Completion of the order by pressing the button “Buy now”. This constitutes your binding order.
- After the order, we send an automated order confirmation (mere acknowledgement of receipt), with which the contract is not yet concluded. The contract is concluded with JKT if we expressly accept your order within 5 working days by separate email.
Before ordering, the contract data can be printed out using the browser’s print function or saved electronically. The processing of the order and transmission of all information required in connection with the conclusion of the contract, in particular the order data, the GTCs, and the cancellation policy, is carried out by email after the order has been placed by you, partly automatically.
Input errors can be corrected using the usual keyboard, mouse, and browser functions (e.g. the “back button” of the browser). Input errors can also be corrected by canceling the order process prematurely, closing the browser window, and repeating the process.
The processing of the order and transmission of all information required in connection with the conclusion of the contract is carried out by email, partly automatically. The customer must therefore ensure that the email address he/she has saved with us is correct, that the receipt of emails is technically ensured and, in particular, that it is not prevented by SPAM filters.
Basically, every order is binding for you as a customer. You can cancel the order without additional costs, unless you have been charged and the goods have already been shipped.
When choosing external payment services, such as PayPal and instant bank transfers, the customer is redirected to the external website of the respective payment service provider. If you select a payment method offered by PayPal, the payment will be processed by 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 Terms for Payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer pays by means of a payment method offered by PayPal that can be selected in the online ordering process, an express period of 5 business days shall also apply for the acceptance of the customer’s offer. Only with the explicit acceptance of the offer by JKT within the aforementioned period of time is the contract concluded.
5. Contractual object and product features
The contractual object of our online store is:
- The sale of goods. The specific goods offered can be found on our product pages.
- The provision of services. The specific services offered can be found on our product pages.
The essential characteristics of the goods and services can be found in the product description. The sale of digital products is subject to the restrictions apparent from the product description or otherwise resulting from the circumstances, in particular with regard to hardware and/or software requirements for the target environment. Unless expressly agreed otherwise, the contractual object is only the private and commercial use of the products without the right to resell or sublicense.
If there are any problems with the availability of your order, we will contact you as soon as possible to inform you of the situation and offer alternative products that you can purchase.
The availability of products on our Web pages is subject to change and reflects the situation in real time. Adding an item to the shopping cart does not guarantee that the product will be reserved for the customer, because other customers may have already purchased it or the item may no longer be available. Only when the payment process is completed is the product effectively reserved for the customer.
JKT will make every effort to provide you with the products listed in your order confirmation. However, certain products may need to be reordered, or products may no longer be available due to stock shortages / manufacturer issues; duplicate orders and stock requests may need clarification at the warehouse/manufacturer, individual parts may be shown to be in stock but are not, or late delivery may occur. In these cases, we will contact you to inform you and suggest alternative products that you can purchase. JKT also reserves the right to cancel a confirmed order.
6. Storage of the contract text
Before ordering, the contract data can be printed out using the browser’s print function or saved electronically. We do not store the contract text after conclusion of the contract.
7. Right of withdrawal/cancellation
Consumers are generally entitled to a right of cancellation. The duration of the cancellation period is 14 days and is the same duration within EU countries. The right of cancellation period starts from the day of receipt of the (last) goods by the consumer.
In the case of service contracts, the 14-day withdrawal period generally starts on the day the contract is concluded. If the services are provided in full before the end of the withdrawal period, withdrawal is excluded.
7.1. Cancellation policy
The following cancellation policy applies to contracts for goods that can be sent as a package by mail or other shipping service provider.
To exercise your right of cancellation, you must inform us by means of a clear statement of your decision to withdraw from this contract. You can use our sample cancellation form for this, but this is not mandatory. In order to comply with the cancellation period, it is sufficient that you send us the notification of the exercising of the right of cancellation before the expiry of the cancellation period (for example, a letter sent by mail, fax or email).
A cancellation notice can also be requested directly via our online store. For this purpose, we allow our customers to issue return requests for orders themselves via the customer area for a certain period of time. Each return request is manually checked and approved by the online store operator JKT before the goods are returned. Once the return request has been approved, the customer can print out the shipping label and attach it to their return shipment.
7.2. Consequences of the cancellation
Please return the goods immediately, but no later than within the period of 14 days from the day on which you informed us of the cancellation of this contract, to the following company address:
Jaksche Kunststofftechnik GmbH
Framrach 39
AT-9433 St. Andrä
office@cover-too.com
If you cancel this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and at the latest within 14 days from the day on which we received the notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used for the original transaction. You will not be charged any fees for this repayment.
7.3. Returns
Please enclose the cancellation form with the package.
7.4. When you return your products to us, please note the following:
- We will not bear the costs for the return of the goods.
- You should obtain proof of shipment and hold onto it until you receive your refund or replacement.
- The returned products will be processed upon receipt, within 5 business days (excluding Saturdays).
- You must pack the goods with reasonable care so that the products are not damaged during transportation.
- When returning electronic devices, they must be returned in the original packaging to avoid damage in transit.
- You can return to us all unopened products that are not used and therefore still in their original packaging. Used products cannot be returned to us.
If we receive your return within the 14-day return period, you will be credited with your money within a few days.
- In case of prepayment, a credit note will be issued to your bank account. Please provide us with your bank details (IBAN and BIC).
- With PayPal, a credit is issued to your PayPal account
- With instant bank transfers, a credit is issued to your bank account. Please provide us with your bank details (IBAN and BIC).
- In case of credit card payment, the credit will be issued to your credit card.
- A reduction or the total elimination of the credit is possible if there has been a loss of value of the goods by you using the goods improperly.
You can find detailed information about returns in our online store under “Help and Support”.
7.5. The right of cancellation and therefore the return is not possible:
- In the case of services, if JKT as an entrepreneur had started the execution of the service before the expiry of the withdrawal period according to § 11 of the FAGG and the service was then fully rendered – based on an explicit request from the consumer according to § 10 of the FAGG as well as a confirmation from the consumer about their knowledge of the loss of the right of withdrawal upon full performance of the contract.
- The consumer does not have the right to withdraw from contracts for urgent repair or maintenance work where the consumer has expressly requested the entrepreneur to visit in order to carry out this work. If, during such a visit, the entrepreneur provides additional services that the consumer has not expressly requested, or supplies goods that are not necessarily needed as spare parts during maintenance or repair, the consumer shall have the right of withdrawal with respect to such additional services or goods.
- Goods or services subject to price fluctuations on the financial market over which the entrepreneur has no control and which may occur within the withdrawal period.
- Goods that are manufactured according to customer specifications or are clearly tailored to personal needs.
- Goods that are not in their original condition, where their mere removal from the packaging is not harmful.
- Goods that have been tested by the customer for their condition, properties and function (functional tests) and are therefore no longer unused.
- Goods that can spoil quickly or whose expiration date would be quickly exceeded.
- Goods that are delivered sealed and are not suitable for return for reasons of health protection or hygiene, provided that their seal was removed after delivery.
- Goods which, due to their nature, have been inseparably mixed with other goods after delivery.
- Audio or video recordings or computer software delivered in a sealed package, provided that the seal has been removed after delivery.
- Goods damaged intentionally or unintentionally due to improper use. In case of transport damage, please contact us immediately.
- Technical devices are subject to the manufacturer’s warranty. The handling of the return is sometimes done here directly with the manufacturer.
- The delivery of digital content not stored on a physical data carrier, if JKT as an entrepreneur – with the express consent of the consumer, combined with the consumer’s knowledge of the loss of the right of withdrawal in the case of premature commencement with the performance of the contract, and after providing a copy or confirmation according to § 5, Para. 2 or § 7, Para. 3 of the FAGG – has commenced with the delivery before the expiration of the withdrawal period according to § 11 of the FAGG.
Click here to download a sample cancellation form.
8. Prices
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- For orders shipped to countries within the European Union, the statutory sales tax (value-added tax) is included in the product price, which you can see on our website. In addition to the stated prices, shipping costs may also be incurred for the delivery, unless the respective item is shown as free of shipping costs. The shipping costs will be clearly communicated to you again on the offers, if applicable, in the shopping cart system, and the order overview. The prices listed in the respective offers as well as the shipping costs are total prices in EURO, including all taxes and duties.
- For orders shipped to countries outside the European Union, no statutory sales tax (value-added tax) will be included in the product prices. In addition to the stated prices, shipping costs may also be incurred for the delivery, unless the respective item is shown as free of shipping costs. The shipping costs will be clearly communicated to you again on the offers, if applicable, in the shopping cart system, and the order overview. Furthermore, your shipments of goods may be subject to customs duties and import taxes of the destination country. The contracted shipping company will bill taxes, duties and customs directly to you. Since taxes, import duties and customs fees depend on the respective product category and the declared value, we cannot give you any further information on this. We recommend that you check with your local customs office.
9. Shipping costs
On the product pages, the shopping cart system, and the order pages, the shipping costs and any additional costs (e.g. express shipping) are shown separately, unless they are included in the product price. The shipping costs will be clearly communicated to you again on the offers, if applicable, in the shopping cart system, and the order overview.
Shipping is uninsured and at the expense and risk of the customer. At the customer’s request, the seller will insure the delivery at the customer’s expense against theft, breakage, transport, fire and water damage, and other insurable risks.
Our shipping costs are calculated according to the volume and weight of each item you add in the shopping cart system. The shipping cost and delivery option are displayed in our online store and can be selected by the customer once all the goods in the shopping cart have been fully added.
10. Terms of delivery
- The respective purchase price is to be paid before delivery of the product (advance payment).
- When ordering, you can choose your delivery option once all items have been added to the shopping cart. Jaksche Kunststofftechnik GmbH will deliver your order to the address you specified when placing the order. We do not deliver to “Packstations” or parcel pick-up stations.
- The estimated delivery time of the goods will be communicated to the customer in the order confirmation. Information on delivery dates in the order confirmation or in the online store directly in the shopping cart are not fixed dates. Delivery times shown are calculated according to the time of the successfully completed payment process and the time of the transfer of risk according to point 11.
- If the goods are immediately available, the delivery time is between 7 and 30 working days. The offered services are provided within 2 working days.
- Early deliveries and partial deliveries are permitted. If a delay in delivery occurs or is apparent to JKT, we will notify the customer accordingly.
- In case of advance payment, the delivery period starts one day after receipt of the amount in the bank account of Jaksche Kunststofftechnik GmbH. In other cases, the delivery period begins one day after the transmission of the order and payment confirmation.
- Jaksche Kunststofftechnik GmbH does not bear any responsibility in the event of delivery delays for which suppliers or manufacturers are responsible. If delivery or compliance with an agreed delivery time becomes impossible due to circumstances for which Jaksche Kunststofftechnik GmbH is not responsible, Jaksche Kunststofftechnik GmbH is entitled to withdraw from the contract in whole or in part. Jaksche Kunststofftechnik GmbH will inform the customer immediately in this case. Claims for damages are excluded in this case. The customer will be informed about existing delivery restrictions before the start of the order process.
- COVID-19 pandemic: As a result of the COVID 19 crisis, any future worsening of the situation, or a comparable pandemic in the future, JKT may experience delivery shortfalls or delays on the purchasing side and restrictions in production possibilities on the supplier side. Therefore, all delivery periods and dates quoted by JKT are nonbinding in the event of a pandemic. No legal obligation of the company JKT can be derived from quoted delivery periods and dates, especially no obligation to compensate for nonperformance or losses due to delay.
- Due to the spread of the COVID-19 pandemic and the regulatory acts adopted in this regard (laws, ordinances, decrees, etc.), there is a risk that JKT will have to purchase input materials or preliminary services at a high price or that production will become more expensive due to COVID-19-pandemic-related restrictions. We expressly reserve the right to make price changes (additional costs) resulting from this. Jaksche Kunststofftechnik GmbH will inform the customer immediately in this respect.
- Furthermore, COVID-19 may make it impossible for JKT to accept and pay for ordered/commissioned goods and services by the agreed delivery date. If, due to COVID-19, the originally agreed or usually required circumstances are not in place, or have not occurred, the basis for the transaction no longer exists. In such a case, JKT reserves the right to withdraw from the contract as well as to adjust the contract (new delivery date in case of discontinuation of the COVID-19 measures, naming of new payment dates).
11. Transfer of risk
Unless otherwise stated in the order confirmation, delivery shall be agreed under the FCA Incoterms 2010; subsidiarily, the delivery clause “ex works” shall be deemed agreed. The transfer of risk to the customer takes place when the delivery is ready for shipment and loading. Even in the case of “carriage paid” delivery, the risk shall pass to the customer when the delivery has been dispatched or collected.
12. Terms of payment
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- In the case of advance payment, the customer shall transfer the invoice amount to the account of Jaksche Kunststofftechnik GmbH within 14 days of conclusion of the contract (bank details can be seen in the order confirmation and in the ‘About’ section). The shipment will be made only after receipt of payment.
- If you pay by credit card, your credit card will be charged after the order is completed. This is done immediately even if we do not have the goods in stock and can ship only in a few days. Our cooperation partner for this is either Six Payment Services or Adyen.
- Payment by PayPal: If you would like to pay for an order via PayPal, please click on the PayPal option during checkout. New PayPal users who would like to use PayPal as a payment method will be redirected to the PayPal website to create an account. All items can still be returned without any problems, but now with the advantage that PayPal will refund the return shipping costs. Simply activate the action in the PayPal account before ordering. This offer cannot be claimed retroactively. Please read the following conditions carefully before activating the offer: https://www.paypal.com/de/webapps/mpp/refunded-returns/. You can find information about PayPal’s privacy policy
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- Online payment with money back via app, secured by buyer protection, encryption of your data and free returns. https://www.paypal.com/de/webapps/mpp/features
- Installment payment: with PayPal installment payment, you pay the product price split into 12 monthly installments. To do this, PayPal performs a credit check. More detailed information can be found here: https://www.paypal.com/de/webapps/mpp/paypal-instalments.
13. Retention of title / right of retention
All delivered goods remain our property until full payment of the purchase price. Deliveries are thus made subject to retention of title, including extended retention of title, provided that this right exists under the laws of the country concerned. If necessary, appropriate agreements must be made.
The same shall apply to deliveries outside the scope of these General Terms and Conditions, provided that a retention of title or an extended retention of title is legally possible in the country where the goods are located at the time of assertion. Otherwise, the customer is obliged to provide the supplier (JKT) with all rights which the legislation in the country of the supplier (JKT) provides for securing the claims.
14. Warranty and guarantee
- The warranty is governed by statutory provisions.
- The warranty period for the delivery of movable goods is 24 months for consumers and 12 months for entrepreneurs.
- As the customer, you are requested to check the product/digital goods or the service provided for completeness, obvious defects, and transport damage immediately upon fulfillment of the contract and to notify us and the carrier of any complaints as soon as possible.
- If goods are delivered with obvious transport damage, please raise such defects immediately to the delivery agent and contact us as soon as possible. Failure to raise a complaint or make contact has no consequences on the legal warranty claims of consumers and serves only to assist the supplier to assert its claims against the company commissioned with the delivery of the goods or the insurance company.
- The warranty is excluded in case of defects caused by the customer. This is particularly the case in the event of improper handling, ignoring the contents of the directions for use and assembly instructions, incorrect operation, improper storage, or unauthorized repair attempts.
- A shortened limitation period shall not apply in the event of damage caused by a grossly negligent breach of duty on the part of Jaksche Kunststofftechnik GmbH or by an intentional or grossly negligent breach of duty on the part of a legal representative or vicarious agent of Jaksche Kunststofftechnik GmbH.
- Furthermore, a shortened limitation period shall not apply to claims for compensation based on the negligent or intentional breach of essential contractual obligations. Essential contractual obligations are obligations the fulfillment of which is essential for the proper performance of the contract and compliance with which the customer may regularly rely on.
- If a manufacturer’s warranty exists, the customer must assert the claims arising from this manufacturer’s warranty directly against the manufacturer. The liability of Jaksche Kunststofftechnik GmbH is excluded from the warranty.
15. Liability for defects / product liability
- Notification of defects must be made in writing immediately, at the latest 5 working days (excluding Saturdays) after receipt of the delivery. In the case of hidden defects, this period is extended to 10 working days after receipt of the delivery, but no longer than 6 months after receipt of the goods.
- In case of a justified notice of defects, JKT is obligated to choose to either repair the defect or to deliver a replacement free of charge. If JKT fails to meet these obligations within a reasonable period of time, the customer is entitled to declare a reduction in price or withdrawal from the contract. Further claims are excluded. Defective parts that have been replaced are to be returned to JKT at its expense upon request.
- Liability under national product liability laws remains unaffected.
- Unauthorized reworking or improper handling will result in the loss of all claims for defects. Only in order to prevent disproportionately large damages, the customer is entitled, after prior notification to JKT, to repair and demand reimbursement of reasonable costs.
16. Disclaimer
- We will not be liable for any failure or delay in performing any of our obligations to you if such failure or delay is caused by an event beyond our control (“force majeure events”).
- An event beyond our control means any action or event beyond our reasonable control, such as pandemics (e.g. the Covid-19 pandemic), wars, terrorist attacks, embargoes, riots, strikes, lockouts, trade disputes, fires, floods, earthquakes or other natural disasters, outages, inclement weather, traffic disruptions, government actions, or defects in public or private telecommunications or transportation networks.
- If such an event occurs and it involves the performance of our obligations to you: (i) we will contact you as soon as possible to notify you; and (ii) our obligations to you will be suspended for the duration of the event.
- The client’s claims for damages against JKT are excluded, unless JKT or its vicarious agents have acted with intent or gross negligence.
- Liability for damages resulting from injury to life, limb and health and for grossly negligent or intentional breach of essential contractual obligations remains unaffected; or insofar as liability is mandatory under the Product Liability Act or for culpa in contrahendo or for other breaches of duty or tortious claims for compensation for property damage.
- If we have breached a essential contractual obligation, liability for material damage and financial loss attributable thereto shall be limited to the foreseeable damage typical for the contract. Essential contractual obligations are obligations the fulfillment of which is essential for the proper performance of the contract and compliance with which the customer may regularly rely on. This includes in particular our obligation to take action and to fulfill the contractually owed service, which is described in point 5.
- If we are in default with the delivery of the service (even in the case of minor negligence) or if the service has become impossible, liability for the damage caused by the delay and its consequential damage is excluded.
17. Set-off exclusion
The customer is not entitled to offset against our claims unless the customer’s counterclaims have been legally established or are undisputed. The customer shall also not be entitled to offset against our claims if he/she asserts notices of defects or counterclaims from the same purchase contract.
18. Property rights
- The operators of this website are eager to always protect the copyrights of third parties and to draw on works that are self-created and license-free.
- All contents of the online stores of Jaksche Kunststofftechnik GmbH (illustrations, texts, descriptions, own brands, images, videos, etc.) are the property of Jaksche Kunststofftechnik GmbH. The content and works created by the site operator JKT on its Web pages are subject to copyright. The contributions of third parties are indicated as such. Reproduction, processing, distribution and any kind of exploitation beyond the limits of copyright law require the written consent of the respective author / creator. Downloads and copies of this site are only permitted for private, non-commercial use.
- Third-party trademarks are the property of their owners. Partial and complete reproduction of the content by any process and by any media is subject to the express permission of Jaksche Kunststofftechnik GmbH or the copyright holders.
- Jaksche Kunststofftechnik GmbH is not responsible for the misuse of its website content; responsibility lies solely with the user who accesses or uses it.
- Jaksche Kunststofftechnik GmbH declines all responsibility for any disputes arising from the exchange of information between users through our websites. In any case, the responsibility for the publication of data and information on the websites applies to those who have published these comments.
19. Taking back and disposal of the goods after the end of use
JKT does not take back or dispose of goods and/or their components as well as their packaging and, if applicable, their means of transport at its own expense.
Separate national legal take-back and disposal regulations apply to electrical and electronic equipment as well as batteries, which do not currently affect JKT products.
20. Data protection
Provisions on data protection are contained in the privacy statement.
21. Amendment of the General Terms and Conditions / reservation of right to amend
We reserve the right to unilaterally change these General Terms and Conditions at any time, and it is your responsibility to review these GTCs periodically before placing an order. You will not be able to complete your purchase unless you have checked the box in the checkout process stating that you have read and agree to ALL of the terms, conditions, disclaimers and exclusions stated on this page.
Any changes to these General Terms and Conditions will be published online. The amendment shall become part of the contract if the customer does not object to its inclusion in the contractual relationship in writing or text form within six weeks of receipt of the amendment notification.
22. Contract language
Only German is available as the contract language. In addition, we also accept the English language. Should the respective language versions of this agreement differ in content, the German version shall prevail in case of doubt.
23. Applicable law
All legal relations between the parties shall be governed by Austrian law to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
For consumers, this choice of law shall apply only to the extent that it does not deprive them of the protection afforded by mandatory provisions of the law of the country of the consumer’s habitual residence (favorability principle).
24. Jurisdiction agreement
It is mutually agreed that the Commercial Court of Vienna shall be the venue for disputes of any kind arising from this contract or the business relationship.
If the customer acts as an entrepreneur or is a legal entity under public law or a special fund under public law, the Commercial Court of Vienna shall be agreed for disputes of any kind arising from this contract or the business relationship.
If the customer acts as a consumer, Jaksche Kunststofftechnik GmbH is also entitled to sue the customer at the place of jurisdiction of the customer’s domicile, habitual residence or place of employment.
25. Severability clause
If any provision or provisions of this contract shall be held invalid or unenforceable or shall cease to be valid or enforceable, the contract shall remain in full force and effect with respect to the remaining provisions. The invalid or ineffective provision shall then be replaced by a valid provision that comes as close as possible to the economic purpose of the original provision. The same applies to a regulatory gap.
26. Alternative dispute resolution / online dispute resolution platform
Consumers have the option of contacting the EU Commission’s online dispute resolution platform at the following link: https://ec.europa.eu/consumers/odr
This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.
The consumer may also submit complaints directly to the following email address: office@cover-too.com.
