Terms of Sale - On Premise Customers

These Terms of Sale (the “Terms of Sale”) are entered into by and between you (referred to throughout as “You,” “Customer,” or “Your”) and Crystal of Canada, Inc., Crystal of America, Inc., and Crystal of New York, Inc. (Crystal of Canada, Inc., Crystal of America, Inc., and Crystal of New York, Inc. are collectively referred to throughout as, “We,” “Us,” “Our,” “RIEDEL,” or “RIEDEL Crystal”), and govern Your purchases from this On-Premise Online Shop (the “OP Site”). By ordering Our products (the “Products”) on the OP Site, You hereby agree to be bound by these Terms of Sale, regardless of whether You sign or otherwise acknowledge Your intent to be bound by the Terms of Sale.

If You have placed an order but do not wish to be bound by these Terms of Sale, You must promptly cancel Your order within 24 hours by contacting Our customer support using the contact information listed below, or by returning all Products comprising Your order in accordance with Our Return Policy which can be found here.

1. Scope of OP Site Sales

The OP Site and the Products sold hereon are intended only for Customers that are actively in the restaurant, hotel, and catering business, and which intend to and actually do use the Products for on-premise purposes. RIEDEL reserves the right to vet any Customer or purchase of Products through the OP Site in order to ensure that such Products are intended or used for on-premise purposes, particularly with respect to first-time purchasers of Products through the OP Site. This vetting process may delay or prevent Our fulfillment of Product orders. We reserve the right to delay or withhold fulfillment of any order of Products through the OP Site based upon our suspicion, belief, or determination that such Customer is not actively in the restaurant, hotel, or catering business and/or does not intent to use the Products for on-premise purposes, which decision shall be in Our sole and unqualified discretion.

2. Payment Terms

We reserve the right in Our sole discretion to change prices for Products offered for sale on the OP Site at any time, and to correct pricing errors that may inadvertently occur. Unless otherwise agreed to by Us, payment must be received by Us prior to Our acceptance of an order. Payment must be made by credit card, PayPal, or any other prearranged payment method agreed to by Us. Your order is subject to cancellation by Us, in Our sole discretion. We are not responsible for pricing, typographical or other errors in any offer and We reserve the right to either contact You for instructions before shipping or cancel any orders arising from such errors. We generally do not charge Your payment method until after Your order has entered the shipping process.

3. Shipping; Taxes; Title; Risk of Loss

Shipping, handling and tax are additional unless otherwise expressly indicated at the time of sale. All Products purchased from Us are made pursuant to a shipment contract. This means that the risk of loss and title for such Products pass to You upon Our delivery to the carrier. You must notify Us within 3 days of the date of Your invoice or acknowledgement if You believe any part of Your purchase is missing, wrong or damaged. Shipping and delivery dates are estimates only, and the time it takes to receive Your order depends on the shipping method You choose during checkout, and the time of day You place Your order. For more information about Our shipping procedures, please see Our Shipping & Payment Policy, which can be found here and is incorporated into these Terms of Sale by reference.

4. Order Cancellations/Modifications

If You are looking to cancel an order that was recently placed, please immediately call Us at the number listed below and one of Our Support Reps will be able to help out. Once an order has been placed, there is a very short time frame in which We can cancel, so We cannot guarantee that We will be able to cancel Your order. All orders typically ship out within 1-3 business days. Should cancellation not be possible, You can refuse delivery of the package, and a refund will be issued minus shipping costs upon return receipt of the package. If You have received the Product, and would like to return it for a refund, please see Our Return Policy which can be found here and is incorporated into these Terms of Sale by reference. For security reasons, We unfortunately cannot make address changes once an order has been placed. UPS will make three attempts to deliver Your package to the provided address, and after the third attempt You will be able to arrange for pickup from the nearest UPS facility. Otherwise, the shipment will be returned to Our warehouse and a refund will be processed for the Products.

5. Notice of Defects, Warranty, Damages

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 controlled by RIEDEL. 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.

In the event of a justified complaint about a Product deviation beyond those uncontrollable deviations as detailed in the immediately preceding paragraph, RIEDEL shall be entitled to remedy the defect, in particular by replacing the allegedly defective Product. If RIEDEL, for whatever reason, chooses not to provide You with a replacement Product, You will be entitled to demand a price reduction or, if the defect is substantial, a refund for Your purchase. We makeo no other warranties for our products. Some jurisdictions do not allow limitations of implied warranties, so these limitations may not apply to you.

6. Changed or Discontinued Product

Our policy is one of ongoing update and revision. We may revise and discontinue Products at any time without notice to You and this may affect information saved in Your online shopping cart.

7. Limitation of Liability

We do not accept liability beyond the remedies set forth herein, including but not limited to any liability for products not being available for use, lost profits, or loss of business. Except as expressly provided herein, we will not be liable for any consequential, special, indirect or punitive damages, even if advised of the possibility of such damages or for any claim by any third party. You agree that for any liability related to the purchase of product, we are not liable or responsible for any amount of damages above the amount invoiced for the applicable product. Some jurisdictions may not enforce all of these limitations, and only the limitations that are lawfully applied to you in your jurisdiction will apply.

8. Not For Resale or Export

You agree and represent that You are actively in the restaurant, hotel, and/or catering business, that You intend to and actually will use the Products for on-premise purposes only, and that you do not intend to and will not resell or export the Products. Products may not be sold, leased or transferred to restricted countries, restricted end users or for restricted end uses.

9. Contract Formation

These Terms of Sale constitute a binding agreement between You and Us, and You agree that the agreement will be conclusively formed upon acceptance of Your order at Our offices in New Jersey, USA. You agree, notwistanding principles of conflict of laws, this agreement is formed upon the delivery, receipt and acceptance of an order request by Us in New Jersey, USA, and upon Our consent (notwithstanding consent is communicated in a different location than New Jersey, USA) to deliver the ordered Products to You.

10. Governing Law

The laws of the State of New Jersey, USA, without regard to principles of conflict of laws, will govern these Terms of Sale and any dispute of any sort that might arise between You and RIEDEL. Any dispute arising between You and RIEDEL that is not resolved pursuant to the Dispute Resolution section below shall be resolved exclusively by the state and/or federal courts of the state of New Jersey, USA.

11. Dispute Resolution

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 these Terms of Sale or any transaction conducted on Our OP 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 dispute to respond or settle dispute. For disputes against RIEDEL, notice shall be mailed to:

Crystal of Canada, Inc.
Attn: General Counsel
Raritan Plaza 1,
110 Fieldcrest Avenue, 4th floor
Edison, New Jersey 08837, USA

To the extent not resolved through the process described above, the parties agree to arbitrate any claim, dispute, or controversy, including all statutory claims and any state or federal claims, that may arise out of or relate to these Terms of Sale, or any transaction conducted on Our OP Site. All arbitration hearings shall take place in the state of New Jersey, USA. By agreeing to arbitration, the parties understand and agree that they are waiving their rights to maintain other available resolution processes, such as a court action or an administrative proceeding, to settle their disputes.

In relation to the above described claims, disputes, and controversies, the parties also agree to give up any right they may have (1) to bring a class or collective action lawsuit or class or collective action arbitration, or participate in either as a claimant, or (2) to consolidate their arbitration with the arbitration of others.

12. Severability

In the event that any provision of these Terms of Sale are deemed or interpreted by a Court in a decision to be contrary to a law, and/or void and/or voidable, You agree that the offending provision will be severed herefrom without affecting the enforceability, validity or binding nature of any other provisions herein.

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.