TERMS & CONDITIONS

GENERAL TERMS AND CONDITIONS OF CONTRACT OF TIROLER GLASHÜTTE GMBH

Terms & Conditions

Welcome to the website for the RIEDEL Australia Webstore (“we,” “our,” “RIEDEL,” or “RSN”). This site is provided as a service to our customers. Please review the following terms and conditions of use, which govern your use of the site. When you access, browse or use our website, you indicate that you accept these terms of use, and all documents, policies, and guidelines incorporated by herein (collectively referred to as “Agreement”), and that you agree to abide by them. If you do not agree to these terms of use, please refrain from using our site.

This Agreement does not alter in any way the terms or conditions or any other written or online agreement you may have or will have with RIEDEL. RIEDEL reserves the rights to change or modify any of the terms and conditions contained in this Agreement or any policy or guideline referenced herein at any time and in its sole discretion. If the Agreement is changed, we will post the new terms on the website, along with the effective date of the changed or modified Agreement. Any changes or modifications will be effective upon posting of the new Agreement on the website as revised, and your access to or use or browsing of our website following the posting of such changes or modifications will constitute your acceptance of the Agreement as revised.

 

AVAILABILITY TO AUSTRALIAN RESIDENTS

This policy applies to, and is intended for, the use of persons residing in Australia, and for the delivery of products and services within Australia.

 

PRIVACY POLICY

At RIEDEL, we are committed to protecting and respecting the privacy of customers and visitors who use our website. We have therefore created a Privacy Policy (“Policy”) to explain our privacy practices and procedures.

To learn about RIEDEL's information collection and use practices and policies, please refer to our Privacy Policy.

We process information about you in accordance with our Privacy Policy. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.

 

INTELLECTUAL PROPERTY RIGHTS

Limited License We are the owners or the licensees of all intellectual property rights in our site, and in the material published on it. The works contained on this site are protected by copyright laws and treaties around the world. All such rights are reserved. RIEDEL grants you a limited license to access and make personal, non-commercial use of our website and the content displayed on it. The content of our website, and the site as a whole, are intended solely for personal, non-commercial use by the users of our site. You may download, print and store selected portions of the content, provided you (1) only use these copies of the content for your personal non-commercial use, (2) do not copy or post the content on any network computer or broadcast the content in any media, and (3) do not modify or alter the content in any way, or delete or change any copyright or trademark notice. No right, title or interest in any downloaded materials is transferred to you as a result of any such downloading. We reserve complete title and full intellectual property rights in any content you download from our website. Except as noted above, you may not copy, download, reproduce, modify, publish, distribute, transmit, transfer or create derivative works from the content without first obtaining permission from RIEDEL.

 

Copyright

All content, copyrighted materials, and copyrightable materials on this website, including but not limited to RIEDEL's, its affiliates, and its subsidiaries’ logos, designs, text, graphics, pictures, sound files and other files, page layouts, and the selection and arrangement thereof (“Protected Materials”) are ALL RIGHTS RESERVED. Except as provided, these Protected Materials may not be copied, downloaded, reproduces, modified, published, distributed, transmitted, transferred or used to create derivative works without first obtaining permission from RIEDEL.

 

Trademark

Riedel’s trademarks, service marks, registered trademarks and trade dress may not be used in connection with any product or service that is not RIEDEL's, in any matter that is likely to cause confusion among customers or in any manner that disparages or discredits RIEDEL. These trademarks, service marks and registered trademarks may not be copied, imitated, or used, in whole or in part, without the prior written permission of RIEDEL, its affiliates, or subsidiaries. All other trademarks, service marks, registered trademarks and trade dress, product and service names and company names and logos that appear on this website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by RIEDEL.

 

VIRUSES, HACKING, AND OTHER OFFENSES

By using this website, you agree not to submit or disseminate any harmful message, data, information, text or other material, including without limitation, viruses, “Trojan horses,” “worms,” “logic bombs,” “time bombs,” “zombies,” “cancelbots,” or any other computer programming routines that may damage, interfere with, surreptitiously intercept, or expropriate any system, program, data, or personal information of Riedel or any third parties.

You must not attempt to gain unauthorized access to our site, the server on which our site is stored, or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.

 

RELIANCE OF INFORMATION POSTED

Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.

 

OUR LIABILITY

This website and the information, content, materials, products and services included on or otherwise made available to you through this site are provided by RIEDEL on an “as is” and “as available” basis, unless otherwise specified in writing.

In no event shall RIEDEL be liable for any direct, indirect, special, or consequential damages, or any other damages of any kind, including but not limited to loss of use, loss of profits, or loss of data, whether in an action in contract, tort (including but not limited to negligence), or otherwise, arising out of or in any way connected with (i) the use or inability to use the website or the content, materials, information, transactions, products or services provided on or through the website, or (ii) any claim attributable to errors, omissions or other inaccuracies in the website or the content, materials, information, products or services on or available through the website, even if RIEDEL or its authorized representatives have been advised of the possibility of such damages.

Certain State Laws do not allow limitations on implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations, may not apply to you and you may have additional rights to those contained therein. In such states, RIEDEL's liability is limited to the greatest extent permitted by law.

 

INDENTIFICATION

You agree to defend, indemnify and hold RIEDEL harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees arising from or related to your use of this website, or your breach of any representation, warranty, or other provisions of this agreement.

 

INTERNATIONAL USERS AND APPLICABLE LAW

RIEDEL.com/en-au is controlled, operated and administered by RIEDEL from its office in Australia. RIEDEL makes no representation that materials on this site are appropriate or available for use at other locations outside of Australia and access to them from territories where their contents are illegal is prohibited. You may not use the site or export the materials in violation of Australian export laws and regulations. If you access this site from a location outside of Australia, you are responsible for compliance with all local laws.

 

DISPUTE RESOLUTION

Before initiating any legal action, due to the high cost of litigation, in time and money, both you and RIEDEL agree to the following dispute resolution: In the event of any claim, action dispute or controversy arising from, or related to any transaction conducted on our site, the party asserting the dispute will first try to settle such dispute in good faith by providing written notice to the other party. The notice must be sent by registered mail, must describe the issues of the dispute, and must include substantiating documentation related to the dispute. The parties agree to 30 days from receipt of a dispute to respond or settle the dispute. For disputes against RIEDEL, notice shall be mailed to RSN Australia, Suite 201, 32 Walker Street, North Sydney, 2060, Australia.

Both parties agree that the dispute resolution procedure must be satisfied prior to either party initiating any legal action of any claim against the other party.

 

LINKING TO OUR SITE

You may create a hyperlink to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link from any website that is not owned by you.

Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice.

If you wish to make any use of material on our site other than that set out above, please address your request to sales@rsnaustralia.com.au.

 

RIEDEL + ALCOHOL GIFT PACKS

By processing your payment for the following products, you acknowledge that you are 18 years or older and have read and understood the RSN Terms of Use and that you agree to be bound by these Terms. If you do not agree to the Terms or have not reached 18 years of age, then you must not purchase this product.

Products inclusions:

  • RIEDEL VERITAS AL FRESCO GIFT PACK + WINE (2449NAU33)
  • RIEDEL VERITAS CABERNET SHIRAZ YALUMBA 2+1 GIFT PACK (2051YAL37)
  • RIEDEL X CONTINENTAL DELI MAR-TINNY COCKTAIL SET (5417MAR58)

Please refer to the Liquor Act for each state:

  • NSW Liquor Act 2007 Under this Act it is against the law to sell or supply alcohol to, or to obtain alcohol on behalf of, a person under the age of 18 years.
  • QLD Liquor Act 1992; An Act to regulate the sale and supply of liquor and the provision of adult entertainment.
  • VIC Liquor Control Reform Act 1998 regulates the supply and consumption of liquor in Victoria.
  • WA Liquor Control Act 1988; An act to regulate the sale, supply and consumption of liquor.
  • The SA Liquor Licensing Act 1997 An Act to regulate the sale, supply and consumption of liquor; and for other purposes
  • LIQUOR LICENSING ACT 1990 - LONG TITLE - An Act to regulate the sale of liquor.
  • NT Liquor Act As in force at 1 July 2015; to provide for the regulation of the sale, provision, promotion and consumption of liquor, and for related purposes.

 

2. Conclusion of contract

2.1. All offers of Tiroler Glashütte shall be non-binding and are to be understood as an invitation to Customer to submit an offer herself/himself (the “Order”). Tiroler Glashütte is entitled to accept also parts of such Orders.

2.2. Placing of an Order will only be possible if all obligatory fields of the online order form (marked with an asterisk) have been correctly completed. Prior to sending the Order, the Customer will receive a summary of the Order including prices. The summary can still be corrected by the Customer. Receipt of the Order by Tiroler Glashütte will be acknowledged by an automatically generated e-mail to the e-mail address named by Customer, which shall, however, not constitute an acceptance of the Order. Orders will only be received by Tiroler Glashütte during regular business hours (Monday to Friday from 9:00 to 16:00; excluding special holidays in Austria). If Orders are received outside regular business hours, they shall be deemed received at the beginning of the business hours of the next working day.

2.3. The contract regarding Customer’s Order shall be concluded upon acceptance of the Order by Tiroler Glashütte, i.e. by sending an Order confirmation via e-mail to the e-mail address named by Customer (the “Order Confirmation”). The Order Confirmation contains an Order number, which the Customer shall state when further corresponding with Tiroler Glashütte. All Orders shall become legally effective and binding on Customer upon written acceptance by Tiroler Glashütte of each such Order (the cancellation right stated in Clause 3 remains unaffected). Customer may modify any Order at any time before Tiroler Glashütte`s delivery to Customer of the Order Confirmation for such Order, but under no circumstances shall Customer be permitted to modify any Order more than five (5) calendar days after placing such Order.

2.4. Tiroler Glashütte reserves the right to (i) reject any Order at any time without giving any reasons and/or (ii) accept Orders only with respect to amounts that from experience correspond to usual quantities ordered by Customers via the Retail Online Shop.

3. Consumer Information concerning the Exercise of the Cancellation Right

3.1. Cancellation Right. 

A Customer, who is a consumer within the meaning of the Austrian Consumer Protection Act (the “KSchG”) (the “Consumer Customer”) has the right to cancel a contract concluded in the Online Shop within 14 (fourteen) days without giving reasons.

The period in which this right of cancellation can be exercised is 14 (fourteen) days from the date on which the Consumer Customer or a third party nominated by the same, who is not the carrier, takes possession of the Products. If a Consumer Customer has ordered two or more Products in the context of a single Order and the Products are delivered separately, the period in which this right of cancellation can be exercised is 14 (fourteen) days from the date on which the Consumer Customer or a third party nominated by the same, who is not the carrier, takes possession of the remaining Products.

To exercise the right of cancellation, the Consumer Customer must inform Tiroler Glashütte (Tiroler Glashütte GmbH, Weissachstrasse 28-34, A-6330 Kufstein, Austria, Tel. +43-5372-64896, Telefax +43-5372-63225, e-mail address webshop@riedel.com) by means of an unmistakable declaration (e.g. a letter sent by post, fax or e-mail) of the decision to cancel a contract concluded in the Online Shop. The Sample Cancellation Form can be used for this purpose, but the use thereof is not mandatory. If a Consumer Customer chooses to use this option, Tiroler Glashütte will without undue delay send a confirmation via a permanent data carrier (e.g. by e-mail) informing that it has received the notice of cancellation. If the Consumer Customer does not receive an answer within 2 (two) days, Tiroler Glashütte kindly asks to send an e-mail or to call under +43-5372-64896.

In order to comply with the cancellation period, it is sufficient if the cancellation notification is sent before the cancellation period has expired.

3.2. Consequences of Cancellation.

If a Consumer Customer cancels a contract concluded in the Online Shop, Tiroler Glashütte will refund all payments received from Consumer Customer, including any shipment costs (with the exception of additional costs incurred, if Consumer Customer should choose a method of shipping different from the most cost-efficient standard shipping option offered by Tiroler Glashütte), without undue delay and at the latest within 14 (fourteen) days from the date on which the notice of cancellation of the contract by the Consumer Customer is received by Tiroler Glashütte. The repayment will, unless otherwise explicitly agreed with the Consumer Customer, be made by Tiroler Glashütte using the same payment method as was used for the original transaction; under no circumstances will the Consumer Customer be charged a fee for this repayment. Any kind of customs duties and handling fees will not be refunded. Tiroler Glashütte may withhold the repayment until either the Products have been returned to Tiroler Glashütte or Consumer Customer has provided evidence that he/she has sent back the Products, depending which date is the earlier.

The Consumer Customer must return or hand over the Products to Tiroler Glashütte GmbH, at Kobernausserwaldstrasse 25, A-5212 Schneegattern, Austria, without undue delay and in all cases at the latest within 14 (fourteen) days of the date on which Consumer Customer informs Tiroler Glashütte of the cancellation of the contract. The deadline will be deemed to have been observed, if the Products are dispatched before the fourteen-day deadline has expired. The Consumer Customer will be required to bear the direct costs of returning the Products to Tiroler Glashütte.

Products that are engraved, decorated or personalized in any other way may not be returned. Returned Products must be part of the current collections of Tiroler Glashütte and in mint, resalable condition, packed in the original undamaged boxes and in the original sealed master packs.

The Consumer Customer will be required to pay compensation to Tiroler Glashütte for any potential reduction in value of the Products, if this reduction in value is due to unnecessary handling by Consumer Costumer for the purpose of testing the quality, characteristics and functions of the Products.

4. Prices

All prices are gross prices including the statutory VAT without delivery costs, customs duties and handling fees. The delivery costs applicable at the time of the contract conclusion are displayed on the website of Tiroler Glashütte. Customer is responsible for any customs duties and handling fees which shall be paid by Customer in full.

5. Delivery

5.1. Shipping shall be at the risk of Customer to the delivery address named by Customer in the Order. If the address information provided by Customer is incorrect, incomplete or unclear, any costs resulting therefrom shall be borne by Customer.

5.2. Deliveries will be made by Tiroler Glashütte according to its operational capabilities. The communicated lead-times of Products are for information purposes only and are not binding. If Tiroler Glashütte - for example due to non-availability of the Products - should be unable to accept an Order, Tiroler Glashütte shall immediately inform the Customer respectively.

5.3. Customer shall ensure the proper acceptance of the Products ordered.

5.4. Tiroler Glashütte will perform subject to unforeseeable events or events independent of the intention of the parties, e.g. all events of force majeure, including, by way of example and not of limitation, all events of war, terrorist actions, interventions and prohibitions of official authorities, delays in transport and customs clearance, transport damage, inclement weather, lack of energy, labor conflicts as well as delays in delivery on part of Tiroler Glashütte`s suppliers for any reasons (each of these events, a “Force Majeure Event”).

In case of a Force Majeure Event the performance obligations of Tiroler Glashütte under the T&C or any contract shall be suspended without any liability of Tiroler Glashütte. In addition, in such Force Majeure Events, delivery times shall be prolonged accordingly. Delivery times will also be prolonged, where any Force Majeure Event occurs at Tiroler Glashütte `s suppliers. The agreed payment terms are not changed thereby.

6. Partial Delivery

In case where an ordered Product is out of stock, Tiroler Glashütte will automatically place the Product on back order, and send the stock as soon as it becomes available. Deliveries by instalments (i.e. partial deliveries) shall be permitted and may be invoiced. If Tiroler Glashütte delivers any of the Products by instalments, and any one of those instalments contains defective Products for any reason as defined in Clause 8, this shall not entitle Customer to the repudiation of the overall contract of sale entered into under the T&C.

7. Terms of Payment

7.1. Customer shall pay the purchase price plus additional costs exclusively by one of the following payment methods: AMEX, Mastercard, Visacard, PayPal, Sofortüberweisung (direct debit) and Klarna. The named payment instrument will be debited prior to dispatching the Order to the delivery address named by Customer. Tiroler Glashütte shall not store the data of a credit card in any form. When transmitting the completed online order form Tiroler Glashütte uses the encryption mechanism SSL (Secure Socket Layer) for encrypting the customer data and credit card data. The SSL system can be identified by the fact that the site address (URL) starts with "https" instead of "http" and that a closed lock or key symbol appears in the status bar at the bottom of the screen. For using SSL Customer needs no specific software. Common web browsers in all recent versions should support the SSL protocol.

7.2. The Products ordered will only be shipped to the address named by Customer, if the purchase price plus additional costs can be debited from the payment method named by Customer.

8. Notice of Defects, Warranty, Damages

8.1. Due to technical reasons and because of the materials used in the course of the production of glass products, deviations may occur between Products from the same series, in particular with respect to size, weight, ovality, or the vertical axis according to the relevant technical drawings, which cannot be influenced by Tiroler Glashütte. Handmade Products or handmade Product parts may be subject to sample and size deviations. All such deviations between Products, in particular compared to earlier deliveries of the same Product, therefore do not constitute a defect and do not entitle to warranty claims.

8.2. Defects shall be notified to Tiroler Glashütte upon delivery or when they become visible, although no detrimental legal consequences will occur for a Customer, who is a consumer as defined by the KSchG, if such Costumer fails to do so.

If Customer is an entrepreneur as defined by the KSchG, Customer shall notify defects that can be identified in the course of a proper Product inspection upon delivery in writing with detailed description and photos of the defect within 14 (fourteen) days after receipt of the Products; otherwise the Products shall be deemed accepted.

8.3. In the event of justified complaints, Tiroler Glashütte shall be entitled to remedy the defect, in particular by substitute delivery (replacement). If the remedying of defects fails or if Tiroler Glashütte is unable to effect a substitute delivery, Customer is entitled to demand a price reduction or, if the defect is not just a minor one, cancellation of the contract. Vis-à-vis Customers, who are consumers as defined by the KSchG, the statutory provisions on warranty shall apply.

8.4. “Nachtmann” and “Spiegelau” and “Riedel” glasses sold by Tiroler Glashütte are dishwasher-proof according to DIN EN 12875-1:2005. For glass clouding a warranty of 2 (two) years as of the respective production date (bottom stamp) is granted. No warranty is provided for mechanical damages to the surface.

8.5. The rights relating to defects do not apply in case a defect arises because Customer fails to observe Tiroler Glashütte`s or a Tiroler Glashütte manufacturer’s Product instructions or recommendations, in particular instructions for processing or use of the Product, or generally accepted Product use practices.

9. Limitations of Liability

9.1. Where liability for damages is subject to fault, Tiroler Glashütte`s liability for damages – irrespective of the legal grounds – shall in each case be limited in accordance with this Clause 9.

9.2. Tiroler Glashütte shall not be liable if and to the extent that Product instructions or recommendations, in particular instructions for processing and use of the Products, or generally accepted Product use practices are not observed by Customer, unless Customer furnishes proof that the damage would have occurred even if the Product instructions and recommendations had been observed.

9.3. Tiroler Glashütte shall only be liable for damage to the extent that the damage was caused by Tiroler Glashütte by gross negligence or willful intent. Liability for slight negligence is excluded, except in the case of personal injury. In such cases, however, Tiroler Glashütte`s liability shall be limited to the foreseeable and typical damage. Tiroler Glashütte`s liability for any incidental or consequential damages of any kind is excluded vis-à-vis Customers, who are entrepreneurs as defined by the KSchG. The burden of proof regarding slight or gross negligence lies with the person harmed, unless the contract was concluded with a Consumer Customer as defined by the KSchG.

9.4. Decorations of any kind not been made or commissioned by Tiroler Glashütte, such as engravings, silk-screenings etc., are the sole responsibility and risk of Customer. Tiroler Glashütte will not be responsible and shall be excluded from any warranty whatsoever, especially but not limited to that heavy metals or other dangerous materials are applied, or if the material used is not water-resistant or dishwasher-proof. Customer shall indemnify and hold Tiroler Glashütte harmless from any and all claims, suits, losses, damages, demands, injuries and expenses (including reasonable attorney`s fees) arising out of or related to any claims made against Tiroler Glashütte based on any decorations (such as engraving, silk-screening, etc.) made to the Products by Customer.

10. Intellectual Property Rights

10.1. Tiroler Glashütte or Tiroler Glashütte`s licensors hold any and all rights, titles, good-will, and interest of any nature whatsoever, including but not limited to any and all intellectual property rights, in particular copyrights, trademarks, trade secrets, patent rights and/or design rights, relating to the Products, the Product designs, the glassware samples and the glassware sample designs, including, but not limited to, the respective drawings, tools, shapes and molds.

10.2. Any and all materials and related documentation Tiroler Glashütte provides to Costumer hereunder or through any contract together with any and all intellectual property rights, including but not limited to the Product brands, the trademarks, or any other proprietary material of TG and its licensors as well as all goodwill and copyright, in and arising from the Product brands and the Products, vested therein or related thereto, remain the sole and exclusive property of Tiroler Glashütte or its licensors. Documents such as catalogues, brochures, illustrations, photos, videos, and the like as well as samples and designs remain at all times the intellectual property of Tiroler Glashütte or Tiroler Glashütte`s licensors, protected by the relevant statutory provisions regarding reproduction, imitation, competition, etc. Customer undertakes not to use them for any purpose apart from the purpose for which they were handed over to Customer.

11. Retention of title

Tiroler Glashütte shall retain title to the Products delivered until full payment of the purchase price including all additional costs is received by Tiroler Glashütte.

12. Severability

If any provision of the T&C is ineffective in whole or in part due to compulsory statutory provisions, the validity of the remaining provisions shall not be affected. The parties undertake to agree without delay on a new effective provision which comes as close as possible to the commercial purpose of the ineffective provision.

13. Applicable Law, Venue

The legal relationship with the Customer shall exclusively be governed by Austrian substantive law with the exclusion of UN Sales Law. Disputes arising out of the contract concluded with Customer or the T&C underlying the contract shall, depending on the jurisdiction over the subject-matter, be exclusively settled by the District Court Kufstein, Austria, or by the Provincial Court Innsbruck, Austria. If the Customer is a consumer as defined by the KSchG, the court in whose district the Customer's domicile, habitual residence or place of employment is located shall have jurisdiction. The place of performance shall be Tiroler Glashütte's registered office at 6330 Kufstein, Austria.

14. Miscellaneous

Customer shall inform Tiroler Glashütte about any changes of Customer`s name, address and/or domicile in writing without delay. If Customer fails to inform about such changes, any written communication to the Customer's address most recently named shall be deemed to fulfil the requirements of an effective service. Any transfer of rights under the contract concluded with Tiroler Glashütte to third parties shall require the written consent of Tiroler Glashütte.

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Setting the standard yet again

Privacy Policy

At Riedel Australia Webstore (“we,” “our,” or “Riedel" or "RSN”) we are committed to protecting and respecting the privacy of customers and visitors who use our website. We have therefore created this Privacy Policy (“Policy”) to explain our privacy practices and procedures.

 

This Policy (together with our terms of use and any other documents referred to in it) sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it.

 

By using this website, you are agreeing to the terms and conditions set forth in this Policy. For other terms and conditions that govern your use of this site, please review our Terms of Use.

This policy applies to, and is intended for, the use of persons residing in Australia, and for the delivery of products and services within Australia.

 

 

Information Collected on Our Website

We collect information from you online when you purchase merchandise through our website Riedelglass.com.au to ensure a quality on-line shopping experience. When you purchase merchandise through our website, we will ask you to provide certain personally identifiable information such as your name, billing address, e-mail address, telephone number(s), credit card number and shipping information (name and address for shipping if it differs from your billing address).

Riedel collects and uses personally identifiable information in a limited number of ways. We use the information we collect to complete transactions, to track and verify orders, to send you information about promotional or special offers (if you have so requested), and to respond to your inquiries.

We may also ask you for information when you report a problem with our site. If you contact us, we may keep a record of that correspondence. We may also ask you to complete surveys that we use for research purposes, although you do not have to respond to them.

We collect the following types of personally identifiable information through our website:
 

  • Information You Give Us: We collect information you give us, such as your name, billing address, e-mail address, telephone number(s), credit card number and shipping information (name and address for shipping if it differs from your billing address), when you purchase a product, use a service, participate in a promotion, or register with us in the “My Account” section on our website. We may also collect information about someone other than you, including that person’s name, shipping or mailing address, telephone number, and e-mail address when you purchase a gift, gift certificate, or perform a similar transaction for the benefit of a third person on our website.
  • Information We Collect Automatically: We automatically collect certain types of information whenever you interact with us on our website, such as your IP address and the type of Web browser you use. This information may be linked to personally identifiable information if you have registered with us in the “My Account” section of our website.
  • Information We Obtain from Other Sources: We may obtain information about you from outside sources and add it to, or combine it with, your personally identifiable information, including information such as:
    1. Credit information that allows us to complete transactions of Riedel products and services;
    2. Commercially available demographic and marketing information from third parties that allow us to improve our quality of service to you and inform you of products and service that may be of interest to you;
    3. Update delivery and address information from our shipping agents and other source, which allows us to maintain current and accurate records to improve our quality of service for your benefit.

 

Uses Made of the Information

We use information held about you in the following ways:

  • To ensure that content from our site is presented in the most effective manner for you and your computer.
  • To provide you with information, products or services that you request from us or which we feel may interest you, where you have consented to be contacted for such purposes.
  • To carry out our obligations arising from any contracts entered into between you and us.
  • To allow you to participate in interactive features of our service, when you choose to do so.
  • To notify you about changes to our service.


We may also use your data, or permit selected third parties to use your data, to provide you with information about goods and services which may be of interest to you, and we or they may contact you about these by e-mail.

 

Information Shared with Third Parties

We may also share your information with certain third parties in order to provide you with details on promotions, contests, other events or related products that may be of interest to you. These third parties are bound to follow the terms of this Privacy Policy when they handle your information.

We do not share your personally identifiable information with other third parties, with certain exceptions. We share your information with certain third parties, such as processors of credit card transactions, who help us perform the functions just described. We also may share information when we are legally required to do so, such as in the case of an investigation, legal process, or other legal proceeding. We also may share information to protect against misuse or unauthorised use of our website. In addition, we may share information to limit our legal liability and to protect our rights or property, our website, or the rights or property of our customers or members of the public.


Our Use of IP Addresses and Cookies

We may collect information about your computer, including your IP address, operating system and browser type, for system administration and to report “aggregate information” to our advertisers. “Aggregate Information” is statistical data about our users' browsing actions and patterns that we collect, from which individual customer identities have been removed.

For the same reason, we may obtain information about your general Internet usage by using a cookie file which is stored on the hard drive of your computer. Cookies contain information that is transferred to your computer's hard drive. They help us to improve our site and to deliver a better and more personalised service. They enable us:

 

  • To estimate our audience size and usage pattern.
  • To store information about your preferences, and so allow us to customise our site according to your individual interests.
  • To speed up your searches.
  • To recognise you when you return to our site.


You may refuse to accept cookies by activating the setting on your browser which allows you to refuse the setting of cookies. However, if you select this setting you may be unable to access certain parts of our site. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you log on to our site.

Please note that our advertisers and third-party websites may also use cookies, over which we have no control.


Where We Store Your Personal Data

All information you provide to us is stored on our secure servers. Any payment transactions will be encrypted using secure socket layer (SSL) technology. The encryption process converts the characters that you enter into code that is then securely transmitted over the Internet. When you place an order, a small padlock will appear at the bottom of your browser indicating that any information provided cannot be viewed by a third party.

Unfortunately, the transmission of information via the Internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.

 

Compliance with the Children's Online Privacy Protection Act

Riedel does not knowingly collect, either actively or passively, any information, including personally identifiable information from children under the age of 13. If you are under the age of 13, please do not provide personally identifiable information of any kind whatsoever.

If it is brought to our attention that a user is under age, we will immediately remove all personally identifiable information from our records in compliance with the Children’s Online Privacy Protection Act.

 

Making Changes to Your Personal Information

You can access and edit any of the personally identifiable information that you have provided by entering your e-mail address and password and using the “Update Account” feature in the “My Account” section. You may also change your personal information in your account profile. You may also be able to change your profile by writing us at RSN Australia, Suite 201, 32 Walker Street, North Sydney NSW 2060.

 

Our Policy on Contacting You

If you are an existing customer, we will only contact you by electronic means with information about goods and services similar to those which were the subject of a previous sale to you or where you have consented.

If you are a new customer, and where we permit selected third parties to use your data, we (or they) will contact you by electronic means only if you have consented to this.

If you do not want us to use your data in this way, or to pass your details on to third parties for marketing purposes, please tick the relevant box situated on the form on which we collect your data (the order form). In addition, you can opt out of receiving such communications from us at any time by following instructions provided at the bottom of the e-mail communication or by e-mailing us at sales@rsnaustralia.com.au

 

Changes to Our Privacy Policy

By using our website, you consent to our collection and use of your information as described in this Privacy Policy.

 

Any changes we may make to our privacy policy in the future will be posted on this page. You should refer back to this page for the latest information and the effective date of any changes.

 

Contact

Questions, comments and requests regarding this privacy policy are welcomed and should be e-mailed to sales@rsnaustralia.com.au, or write to us at RSN Australia, Attn: Web Store Department, Suite 201, 32 Walker Street, North Sydney NSW 2060.

 

Effective date: July 11, 2008
 

Riedel Australia Webstore., Privacy Policy

 

1. Scope of Application

The offer of this respective On-Premise Online Shop is addressed only to customers that are actively in the restaurant, hotel and catering business and use the Products (as defined below) on-premise (the “Customers”).

All provisions of goods and services by Tiroler Glashütte GmbH (“TG”) to or for the benefit of each Customer ordering on the On-Premise Online Shop of TG shall be subject to the following General Terms and Conditions of Contract (the “T&C”), unless otherwise expressly agreed upon in writing and duly signed by TG in order to be legally effective. Any and all terms and conditions of Customer, whether memorialized via written statement, purchase order, or otherwise, shall not be binding upon TG unless such terms and conditions are duly acknowledged and expressly agreed to in writing and signed by TG. By ordering products sold by TG in the On-Premise Online Shop (the “Products”), Customer will be deemed to have acknowledged and agreed to, and further be bound by the T&C, regardless of whether Customer signs or otherwise acknowledges its agreement to be bound by the T&C in writing or otherwise. For the avoidance of doubt, the acceptance of orders or performance of services by TG may not be regarded as the grant of any entitlement to future fulfilment of orders or provision of services by TG, and nothing in the T&C shall be construed as creating a relationship of exclusivity between Customer and TG.

2. Orders

2.1. All offers of TG shall be non-binding and are to be understood as an invitation to Customer to submit an offer itself (the “Order”). TG is entitled to accept also parts of such Orders.

2.2. Placing of an Order will only be possible if all obligatory fields of the online order form (marked with an asterisk) have been correctly completed. Prior to sending the Order, the Customer will receive a summary of the Order including prices. The summary can still be corrected by the Customer. Receipt of the Order by TG will be acknowledged by an automatically generated e-mail to the e-mail address named by Customer, which shall, however, not constitute an acceptance of the Order. Orders will only be received by TG during regular business hours (Monday to Friday from 9:00 to 16:00; excluding special holidays in Austria). If Orders are received outside regular business hours, they shall be deemed received at the beginning of the business hours of the next working day.

2.3. The contract regarding Customer’s Order shall be concluded upon acceptance of the Order by TG i.e. by sending an Order confirmation via e-mail to the e-mail address named by Customer (the “Order Confirmation”). The Order Confirmation contains an Order number, which the Customer shall state when further corresponding with TG. All Orders shall become legally effective and binding on Customer upon written acceptance by TG of each such Order. Customer may modify any Order at any time before TG`s delivery to Customer of the Order Confirmation for such Order, but under no circumstances shall Customer be permitted to modify any Order more than five (5) calendar days after placing such Order.

2.4. TG reserves the right to (i) reject any Order at any time without giving any reasons and/or (ii) accept Orders only with respect to amounts that from experience correspond to usual quantities ordered by Customers via the On-Premise Online Shop and/or (iii) to terminate any framework agreement possibly existing at any time with immediate effect without giving any reasons.

2.5. Special Orders: Orders for any Products not featured in the applicable Price Books (“Special Orders”) require a 50% prepayment. Special Orders can be combined with any other Orders to meet order minimums. Quantities of Special Orders can be ordered in full master packs only. No returns or cancellations on Special Orders are permitted.

2.6. Glassware marked as “On-Premise Glass Collection/Glassware” is reserved for the hospitality industry only, and is not intended for resale, the retail trade and/or for end-consumers.

3. Prices

Unless otherwise agreed in writing, all prices are stated in Euros net per sales unit, EXW Tiroler Glashütte (INCOTERMS 2010). TG issues its invoices in Euros, with the prices applicable at the time of delivery being legally effective. Prices are exclusive of statutory VAT. If VAT is payable, it will be stated separately in TG`s invoice.

4. Terms of Payment

4.1. Customer shall pay the purchase price plus additional costs exclusively by one of the following payment methods: AMEX, Mastercard, Visacard, PayPal, Sofortüberweisung (direct debit) and Klarna. The named payment instrument will be debited prior to dispatching the Order to the delivery address named by Customer. TG shall not store the data of a credit card in any form. When transmitting the completed online order form TG uses the encryption mechanism SSL (Secure Socket Layer) for encrypting the customer data and credit card data. The SSL system can be identified by the fact that the site address (URL) starts with "https" instead of "http" and that a closed lock or key symbol appears in the status bar at the bottom of the screen. For using SSL Customer needs no specific software. Common web browsers in all recent versions should support the SSL protocol.

4.2. The Products ordered will only be shipped to the address named by Customer, if the purchase price plus additional costs can be debited from the payment method named by Customer.

5. Delivery

5.1. Shipping shall be solely at the risk and cost of Customer to the delivery address named by Customer in the Order. If the address information provided by Customer is incorrect, incomplete or unclear, any costs resulting therefrom shall be borne by Customer. Self pick-up of the Products is not possible.

5.2. Deliveries will be made by TG according to its operational capabilities. The communicated lead-times of Products are for information purposes only and are not binding. If TG - for example due to non-availability of the Products - should be unable to accept an Order, TG shall immediately inform the Customer respectively. Partial deliveries are allowed and may be invoiced by TG.

5.3. For all deliveries TG will charge the Costumer the following net delivery cost (including handling charges) and are payable by Costumer together with the purchase price of the Products:

  • Austria/Germany:
    • Up to 48 Glasses: 14,20 Euro
    • Up to 72 Glasses: 21,30 Euro
    • Up to 108 Glasses: 28,40 Euro
    • Up to 144 Glasses: 35,50 Euro
    • For each additional 36 Glasses: 7,10 Euro

 

  • Luxembourg, Belgium, The Netherlands, Czech Republic:
    • Up to 48 Glasses: 16,60 Euro
    • Up to 72 Glasses: 24,90 Euro
    • Up to 108 Glasses: 33,20 Euro
    • Up to 144 Glasses: 41,50 Euro
    • For each additional 36 Glasses: 8,30 Euro

 

  • Hungary, Slovenia:
    • Up to 48 Glasses: 19,20 Euro
    • Up to 72 Glasses: 28,80 Euro
    • Up to 108 Glasses: 38,40 Euro
    • Up to 144 Glasses: 48,00 Euro
    • For each additional 36 Glasses: 9,60 Euro

 

  • Portugal, Spain, Latvia, Lithuania, Estonia:
    • Up to 48 Glasses: 40,40 Euro
    • Up to 72 Glasses: 60,60 Euro
    • Up to 108 Glasses: 80,80 Euro
    • Up to 144 Glasses: 101,00 Euro
    • For each additional 36 Glasses: 20,20 Euro

 

  • France, Italy, Rumania, Bulgaria, Croatia:
    • Up to 48 Glasses: 21,00 Euro
    • Up to 72 Glasses: 31,50 Euro
    • Up to 108 Glasses: 42,00 Euro
    • Up to 144 Glasses: 52,50 Euro
    • For each additional 36 Glasses: 10,50 Euro

 

  • Finland, Sweden:
    • Up to 48 Glasses: 41,20 Euro
    • Up to 72 Glasses: 61,80 Euro
    • Up to 108 Glasses: 82,40 Euro
    • Up to 144 Glasses: 103,00 Euro
    • For each additional 36 Glasses: 20,60 Euro

 

  • Greece:
    • Up to 48 Glasses: 62,00 Euro
    • Up to 72 Glasses: 93,00 Euro
    • Up to 108 Glasses: 124,00 Euro
    • Up to 144 Glasses: 155,00 Euro
    • For each additional 36 Glasses: 31,00 Euro

 

  • Malta, Cyprus:
    • Up to 48 Glasses: 101,40 Euro
    • Up to 72 Glasses: 152,10 Euro
    • Up to 108 Glasses: 202,80 Euro
    • Up to 144 Glasses: 253,50 Euro
    • For each additional 36 Glasses: 50,70 Euro

 

5.4. Customer shall ensure the proper acceptance of the Products ordered.

5.5. TG will perform subject to unforeseeable events or events independent of the intention of the parties, e.g. all events of force majeure, including, by way of example and not of limitation, all events of war, terrorist actions, interventions and prohibitions of official authorities, delays in transport and customs clearance, transport damage, inclement weather, lack of energy, labor conflicts as well as delays in delivery on part of TG`s suppliers for any reasons (each of these events, a “Force Majeure Event”).

In case of a Force Majeure Event the performance obligations of TG under the T&C or any contract shall be suspended without any liability of TG: In addition, in such Force Majeure Events, delivery times shall be prolonged accordingly. Delivery times will also be prolonged, where any Force Majeure Event occurs at TG `s suppliers. The agreed payment terms are not changed thereby.

6. Partial Delivery

In case where an ordered Product is out of stock, TG will automatically place the Product on back order, and send the stock as soon as it becomes available. Deliveries by instalments (i.e. partial deliveries) shall be permitted and may be invoiced. If TG delivers any of the Products by instalments, and any one of those instalments contains defective Products for any reason as defined in Clause 7, this shall not entitle Customer to the repudiation of the overall contract of sale entered into under the T&C.

7. Notice of Defects, Warranty

7.1. Any defects or non-compliances with the contract must be notified to TG in writing within twenty-eight (28) days of delivery of the Products and in any event prior to their use or re-sale, including a detailed description and photos of the defect or the non-compliance; otherwise, the Products will be deemed to have been accepted. Defects caused as result of a Force Majeure Event shall be excluded from TG’s warranty.

7.2. “Nachtmann” and “Spiegelau” and “Riedel” glasses sold by TG are dishwasher-proof according to DIN EN 12875-1:2005. For glass clouding a warranty of 2 (two) years as of the respective production date (bottom stamp) is granted. No warranty is provided for mechanical damages to the surface.

7.3. Customer acknowledges that deviations may occur between Products from the same series for technical reasons and because of the materials used in the course of the production of glass products, in particular with respect to size, weight, ovality, or the vertical axis according to the relevant technical drawings, which cannot be influenced by TG. Handmade Products or handmade Product parts may be subject to sample and size deviations. Such deviations between Products, in particular compared to earlier deliveries of the same Product, therefore do not constitute a defect.

7.4. In the event of justified complaints, TG will – at its sole discretion – either make substitute delivery or issue a credit note. If TG makes a substitute delivery, Customer is required to return the defective Products at Customer's cost and risk to TG. Any and all other warranty claims of Customer are excluded. Further, any other claims are excluded and shall in no event include any incidental or consequential damages of any kind.

7.5. The rights relating to defects do not apply in case a defect arises because Customer fails to observe TG`s or a TG manufacturer’s Product instructions or recommendations, in particular instructions for processing or use of the Product, or generally accepted Product use practices.

8. Limitations of Liability

8.1. Where liability for damages is subject to fault, TG`s liability for damages – irrespective of the legal grounds – shall in each case be limited in accordance with this Clause 8.

8.2. TG shall not be liable if and to the extent that Product instructions and/or recommendations, in particular instructions for processing and use of the Products, and/or generally accepted Product use practices are not observed by Customer, unless Customer furnishes proof that the damage would have occurred even if the Product instructions and recommendations had been observed. Further, TG shall not be liable for any damage or loss resulting from the purchase, handling, storage, packing, labelling, distribution, promotion, use or sale of the Products by Customer.

8.3. TG shall only be liable for damage to the extent that the damage was caused by TG by gross negligence or willful intent. Liability for slight negligence is excluded, except in the case of personal injury. In such cases, however, TG`s liability shall be limited to the foreseeable and typical damage.

8.4. The burden of proof lies with Customer.

8.5. In all other respects, TG`s liability is excluded and shall in no event include any incidental or consequential damages of any kind.

8.6. Decorations of any kind not been made or commissioned by TG, such as engravings, silk-screenings etc., are the sole responsibility and risk of Customer. TG will not be responsible and shall be excluded from any warranty whatsoever, especially but not limited to that heavy metals or other dangerous materials are applied, or if the material used is not water-resistant or dishwasher-proof. Customer shall indemnify and hold TG harmless from any and all claims, suits, losses, damages, demands, injuries and expenses (including reasonable attorney`s fees) arising out of or related to any claims made against TG based on any decorations (such as engraving, silk-screening, etc.) made to the Products by Customer.

9. Returns

Unless due to their defectiveness Products are returned in accordance with Clause 7, all returns are subject to TG’s express prior written approval. Special Orders or Products that are engraved, decorated or personalized in any other way may not be returned. Returned Products must be part of the current collections of TG and in mint, resalable condition, packed in the original undamaged boxes and in the original sealed master packs. Returns must be shipped within thirty (30) days after having received TG’s written prior approval and shall be delivered to TG`s warehouse Kobernausserwaldstrasse 25, A-5212 Schneegattern, Austria, freight, risk and costs at Customer's expense and responsibility. For Products returned in accordance with these provisions and such Products not being defective under Clause 87, the EXW Tiroler Glashütte Product net price valid at the date of the purchase will be credited minus a 15% restocking and handling fee. Any returns not in conformity with the foregoing may be refused by TG.

10. Intellectual Property Rights

10.1. TG or TG`s licensors hold any and all rights, titles, good-will, and interest of any nature whatsoever, including but not limited to any and all intellectual property rights, in particular copyrights, trademarks, trade secrets, patent rights and/or design rights, relating to the Products, the Product designs, the glassware samples and the glassware sample designs, including, but not limited to, the respective drawings, tools, shapes and molds.

10.2. Customer is entitled to use the Brands and/or Trademarks affixed to the Products or their packaging in its unchanged and originally packed form, in order to identify the Products. By doing so, Customer does not acquire any rights or licenses to the Brands or the Trademarks, or any other proprietary material of TG or its licensors. Customer undertakes to refrain from any other use.

10.3. Any use of the Product brands, the trademarks or of any other intellectual property of TG or of TG`s licensors, as well as photos or videos thereof, in publications, electronic (internet) advertising, social media pages, or printed matter is only permitted upon prior written authorization of TG. In addition, Customer undertakes not to use any signs that are likely to be confused with those of TG or of TG`s licensors, or with “Riedel”, “Spiegelau” or “Nachtmann” or similar signs or to have them protected in whatever form.

10.4. Any and all materials and related documentation TG provides to Costumer hereunder or through any contract together with any and all intellectual property rights, including but not limited to the Product brands, the trademarks, or any other proprietary material of TG and its licensors as well as all goodwill and copyright, in and arising from the Product brands and the Products, vested therein or related thereto, remain the sole and exclusive property of TG or its licensors. Documents such as catalogues, brochures, illustrations, photos, videos, and the like as well as samples and designs remain at all times the intellectual property of TG or TG`s licensors, protected by the relevant statutory provisions regarding reproduction, imitation, competition, etc. Customer undertakes not to make such material and documents available to third parties, either in whole or in part, without the prior written authorization of TG or to use them for any purpose apart from the purpose for which they were handed over to Customer.

In case an authorization is granted that allows Customer to make such material and documents available to third parties, Customer shall be obliged to impose all obligations arising out of the T&Cs upon such third party. Customer remains liable to TG for any acts or omissions of such third party, and Customer shall hold TG harmless from any and all claims and expenses (including reasonable attorney`s fees) arising out of or related to any such acts or omissions. If no Order is placed, Customer must return all material and documents.

10.5. Any use of the Product brands or of any intellectual property rights of TG or of TG`s licensors on social media platforms such as Facebook, Twitter, Instagram etc. or any setting up of a “Riedel”, “Spiegelau” or “Nachtmann” account on such social media platforms shall only be permitted upon prior written consent of TG.

11. Retention of Title

TG shall retain title to the Products delivered until full payment of the purchase price including all additional costs is received by TG.

Customer is not entitled to pledge or hand over Products of TG that have not been paid for as security. Customer is obliged to claim the title of TG to the Products in relation to third parties and to notify TG immediately in writing if third parties assert claims with respect to the Products or if execution is initiated.

12. Severability

If any provision of the T&C is ineffective in whole or in part due to compulsory statutory provisions, the validity of the remaining provisions shall not be affected. The parties undertake to agree without delay on a new effective provision which comes as close as possible to the commercial purpose of the ineffective provision.

13. Applicable Law, Venue

13.1. The T&Cs and the contract concluded with Customer including its pre- and post-contractual phases and effects are subject to Austrian law. Applicability of UN Sales Law (CISG – United Nations Convention on Contracts of the International Sale of Products) is excluded.

13.2. The exclusive jurisdiction of Kufstein District Court, Austria, or Innsbruck High Court, Austria, (depending on jurisdiction over subject) is agreed for any disputes arising out of the contract concluded with Customer or the T&Cs underlying the contract, including the pre- and post-contractual phases and effects. However, TG is free to sue at Customer’s registered office. The place of performance shall be TG`s registered office at 6330 Kufstein, Austria.

14. Miscellaneous

Customer shall inform TG about any changes of Customer`s name, address and/or domicile in writing without delay. If Customer fails to inform about such changes, any written communication to the Customer's address most recently named shall be deemed to fulfil the requirements of an effective service. Any transfer of rights under the contract concluded with TG to third parties shall require the written consent of TG.