General Terms and Conditions of Online Sale of RSN Crystal France

1. Scope

These General Terms and Conditions of Sale apply, without restriction or reservation, to all sales entered into by RSN Crystal France, a société par actions simplifiée (simplified joint stock company under French law) entered on the Paris Trade and Companies Register under number 820 558 906, located at 22 Rue Hector Malot 75012 Paris (the "Seller") with consumers and non-professional buyers (the "Customer"), wishing to purchase the products offered for sale by the Seller (the "Products") on the website https://www.riedel.com (the "Website").

These General Terms and Conditions of Sale express all the obligations of the parties. In this manner, the Customer is deemed to accept them without reservation.

These General Terms and Conditions of Sale apply to the exclusion of all other conditions, and in particular those applicable to sales in stores or through other distribution and marketing channels.

They can be consulted at any time on the Website and shall prevail, where applicable, over any other version or any other contradictory document.

The Products presented on the Website are offered for sale solely for sales in mainland France.
As these General Terms and Conditions of Sale may be modified subsequently, the version applicable to the Customer's purchase is that in force on the Website on the date the order is placed.

2. Products offered for sale - pre-contractual information

2.1. The Seller specializes in the manufacture of lead-free crystal glasses and decanters. It thus sells various ranges of lead-free crystal Products. The main characteristics of the Products and in particular the specifications, illustrations and indications of the dimensions or capacity of the Products, are presented on the Website.

The Customer is required to read them before any order is placed.

The photographs and graphics presented on the Website are not contractual and the Seller shall not incur any liability in this regard.

By clicking on each Product, the Customer can consult a detailed description of the Product in question. The Customer is required to refer to the description of each Product in order to know the properties and essential features thereof.

Contractual information is presented in French and is confirmed at the latest at the time that the order is validated by the Customer.

2.2. The production of Products made from glass, in particular in the context of handmade Products, may imply that Products of the same series have minimal variations due to the technique and material used - in particular with regard to dimensions, weight, ovalness or vertical axis in relation to the corresponding technical drawings. These variations are beyond the Seller’s control.

2.3. Product offers are limited to available stocks, as specified when an order is placed.

2.4. Information about the Seller’s contact details is accessible at any time by simply consulting the Website, under the "Contact" section. The Seller’s contact details are also provided to the Customer below:

RSN CRYSTAL France
Société par actions simplifiée [simplified joint stock company under French law]
Entered on the Paris Trade and Companies Register under number 820 558 906
22 RUE HECTOR MALOT 75012 PARIS
webshopfr@riedel.com 
01.42.89.86.08

3. Orders

3.1. Placing an order
The use of the Website for the simple consultation of the catalogue of Products as well as to place an order for Products does not require registration on the Website by the Customer.

When placing an order, the Customer may choose whether to place an order without creating a customer account ("Buy as a guest") or whether to register and create a Customer account.

To place an order, the Customer must select the Products he/she wishes to order on the Website, in accordance with the following terms:

The Customer can select one or more Products, from the online Product catalogue on the Website, by clicking on the "add to basket" button for each Product selected.

By clicking on "Basket", the Customer can check the details of his/her order, the total price, delete or add other Products, and correct any errors before confirming the order. He/she must verify the accuracy of the order and immediately report or rectify any errors.

The Customer must also enter his/her email address and the desired delivery address, and shall be informed of the related delivery costs. Finally, the Customer must choose and validate the payment method.

An order is recorded on the Website when the Customer accepts these General Terms and Conditions of Sale by ticking the box provided for this purpose and confirms his/her order by paying. This approval implies acceptance of all of these General Terms and Conditions of Sale, without restriction or reservation.

3.2. Formation of the contract
The sale is only final after the confirmation of acceptance of the order by the Seller is sent to the Customer by email. Confirmation by the Seller shall be sent to the email address indicated by the Customer when placing the order, and only after it has actually collected the full price.

Orders shall only be accepted by the Seller during normal business hours (Monday to Friday 9.00 am to 4.00 pm – excluding public holidays). If an order is placed outside business hours, the order shall be considered as being received on the next business day.

Unless proven otherwise, the data recorded in the Seller’s computer system constitutes proof of all transactions concluded with the Customer.

The Seller reserves the right to refuse any order from a Customer without having to justify any reason. In particular, the Seller may refuse orders with a Customer for which there is a dispute relating to the payment of a previous order.

The Seller does not intend to sell the Products on the Website to professionals, but only to consumers or non-professionals, for their personal needs. The Seller therefore reserves the right to refuse orders for one or more Products that it deems in significant quantities with regard to the usual quantities ordered by the Customers of the Website.

3.3. Modifying an order
Any requests for modification of the order by the Customer may only be taken into account by the Seller within the limit of its possibilities and provided that it is notified in writing to the Seller within 48 hours of the date of placing the order and before confirmation of the order by the Seller.

3.4 Cancelling an order
Once confirmed and accepted by the Seller, under the conditions described above, the order may only be cancelled in three cases:
(1) In the event of the exercise of the right of withdrawal provided for, under the conditions of Article 8 hereof;
(2) In the event of force majeure, under the conditions of Article 9 hereof;
(3) If the ordered Product is unavailable.
The Seller shall refund the sums paid within 30 days of their payment at the latest.

4. Prices

The Products are supplied at the prices in force on the Website, when the Customer places the order. Prices are expressed in euros, including VAT. They do not take into account delivery costs, which are invoiced in addition, and indicated before the Customer records the placing of the order.

The payment requested from the Customer at the time of the order corresponds to the total amount of the purchase, including these costs.

If one or more taxes or contributions, particularly environmental taxes, were to be created or modified, either as an increase or a decrease, this change may be reflected in the selling price of the Products.

The Seller reserves the right to change its prices at any time but undertakes to apply the prices in force indicated at the time of placing the order, subject to availability on this date.

5. Payment terms

The price is payable in full and in a single payment when the Customer places an order on the Website. At no time may the sums paid be considered as a deposit or advance payments.

To pay for his/her order, the Customer may use any of the payment methods offered by the Seller and listed on the Website. The Customer warrants to the Seller that he/she has any authorisations necessary to use the payment method chosen by him/her, when placing the order.

Payments made by the Customer shall only be considered final after actual collection of the sums due by the Seller.

The Seller reserves the right to suspend any order management and delivery in the event of non-payment, in particular in the event of the refusal of authorisation for payment by bank card by officially accredited bodies.

The Seller also reserves the right to refuse to make a delivery or to honour an order from a Customer that has not paid a previous order in full or in part or with which a payment dispute is currently being administered.

6. Deliveries

The Seller shall bear the risks of transport and shall reimburse the Customer in the event of damage caused during transportation.

On delivery, the Customer is required, in the presence of the carrier, to check the condition of the Products and the absence of breakages. In the event of any breakage, the Customer must inform the Seller of the broken Products delivered on the same day as the delivery.

The complaint may be made, at the Customer’s discretion by means of:
- telephone number: 01.42.89.86.08;
- email address: webshopfr@riedel.com

Any claim regarding a breakage at the time of delivery, which is not made in accordance with the rules defined above, and within the allotted time, may not be taken into account and shall release the Seller from any liability to the Customer.

6.1. Delivery times
The Products ordered by the Customer shall be delivered in mainland France according to the shipping lead-times specified when the order is placed by the Customer. Shipping times run from the order confirmation date.

The Seller undertakes to make its best efforts to deliver the Products ordered by the Customer within the shipping lead-times specified when the order is placed. However, these lead-times are provided for information purposes only, as the Seller is limited according to its production capacities.

6.2 Delivery terms
The Products are delivered to the address indicated by the Customer when placing the order. The Customer must ensure its accuracy. Any order sent back to the Seller due to an incorrect or incomplete delivery address shall be re-shipped at the Customer’s expense.

The Customer may request that an invoice be sent to an invoicing address that is different to the delivery address, by validating the option provided for this purpose when the order is placed.

Delivery consists of the transfer to the Customer of physical possession or control of the Product.

6.3 Partial deliveries
Except in the specific case of the unavailability of one or more Products, the Products ordered shall be delivered in a single delivery.

If an ordered Product is not in stock, the Seller automatically sets its status to “delivery not yet made” and makes the delivery as soon as it is back in stock.

6.4 Delivery errors
The Customer must make any complaint to the Seller on the same day of delivery or at the latest within two (2) working days following delivery of any delivery error and/or non-conformity of the Products with regard to their type, or quantity with respect to the information on the purchase order. Any claim made after this period shall be rejected.

The complaint may be made, at the Customer’s discretion by means of:
- telephone number:01.42.89.86.08;
- email address: webshopfr@riedel.com

Any complaint regarding a delivery error, which is not made in accordance with the rules defined above, and within the given deadlines may not be taken into account and shall release the Seller from any liability to the Customer.

In the event of a delivery error, any Product to be exchanged or reimbursed must be returned to the Seller in its entirety and in its original packaging, by registered mail, to the following address:

RSN Logistik GmbH
Dr.-Kilian-Str. 4
D-92637 Weiden

The return costs shall be borne by the Seller.

7. Product Warranty

The Customer represents that he/she has read and is therefore deemed to be fully informed of Articles L. 217-4, L. 217-5, L. 217-12 and L. 217-16 of the French Consumer Code and Articles 1641 and 1648 of the French Civil Code in force on the date these General Terms and Conditions of Sale are published online.
These provisions are transcribed in Appendix 1 of these General Terms and Conditions of Sale.
The Customer is expressly informed that the Seller is not the producer of all the Products presented within the meaning of French law No. 98-389 of 19 May 1998 relating to liability for defective products.

7.1 Statutory compliance guarantee and legal guarantee of hidden defects
The Seller guarantees that the Products comply with the contract, allowing the Customer to make a claim under the legal guarantee of compliance provided for in Articles L. 217-4 et seq. of the French Consumer Code or the guarantee of defects in the item sold within the meaning of Articles 1641 et seq. of the French Civil Code.

If the legal guarantee of conformity is enforced, it is recalled that:

  • the Customer has a period of 2 years from delivery of the good to act;
  •  the Customer may choose between repairing or replacing the good, subject to the cost conditions provided for by Article L. 217-17 of the French Consumer Code;
  • the Customer is exempted from providing proof of the existence of the non-conformity of the good during the 24 months following delivery of the property.

Furthermore, it should be noted that:

  • the statutory compliance guarantee applies independently of any commercial guarantee;
  • the Customer may decide to implement the guarantee against hidden defects in the item sold within the meaning of Article 1641 of the French Civil Code. In this case, he/she may choose between rescinding the sale or a price reduction in accordance with Article 1644 of the French Civil Code.

The Seller’s warranty is limited to the replacement or repair of Products or parts under warranty that are found to be non-compliant or affected by a defect.

Shipping costs shall be reimbursed based on the invoiced rate and return costs shall be reimbursed upon presentation of supporting documents.

 7.2 Exclusion of the guarantee
The Seller shall not be held liable in the event of any misuse, use for business purposes, negligence or lack of maintenance by the Customer, such as in the event of normal wear and tear to the Product, an accident or occurrence of force majeure.

The Seller shall not be liable if the Customer fails to follow instructions or recommendations regarding the treatment or use of the Products or generally accepted practices regarding the use of the Products.

The production of Products made from glass may result in the fact that Products of the same series have minimal variations due to the technique and material used—in particular with regard to dimensions, weight, ovalness or vertical axis in relation to the corresponding technical drawings. These variations are beyond the control of the Seller and it shall not therefore incur any liability in this regard.

Furthermore, handmade Products and/or components of handmade Products may differ from the template and in terms of their size. For this reason, these differences between Products, and in particular with regard to the same Products delivered previously, do not constitute a defect or non-compliance and, therefore, do not give rise to any warranty.

All finishing works, of any kind whatsoever, that have not been ordered and carried out by the Seller (e.g. engravings, silkscreen printing, etc.), are carried out at the Customer’s sole risk. Consequently, the Seller shall not be liable, in particular when such procedures provide for the application of heavy metals or other substances that may be harmful to the Products, or when such finishing does not withstand water or dishwasher cleaning.

7.3 Contractual warranty
The "Nachtmann", "Spiegelau" and "RIEDEL" glass products sold by the Seller may be washed using a dishwasher in accordance with "DIN EN 12875-1:2005".

In the event that these Products are tarnished, a 2 (two) year guarantee is granted from the date of production (the production date corresponding to the date indicated on the base of the Product).

The contractual warranty does not cover defects caused by any abnormal or faulty use or resulting from a cause unrelated to the intrinsic qualities of the Products.

Mechanical surface damage is excluded from this contractual warranty.

The Seller’s contractual warranty is limited to the replacement of Products or parts under warranty.

To enforce the Contractual warranty, the Customer must provide evidence to the Seller of the tarnishing of the Products as well as the production date of the Product.

The Seller reserves the right not to apply this warranty if it considers that tarnishing is not demonstrated or that it results from an obviously abnormal use of the Product or non-compliance with instructions, recommendations or generally recognised practices regarding how the Products should be treated.

8. Right of withdrawal

In accordance with the legal provisions in force, the Customer has a period of fourteen (14) days from receipt of the Product to exercise its right of withdrawal with the Seller, without having to provide reasons or pay a penalty, for the purpose of exchange or reimbursement, provided that the Products are returned in their original packaging and in perfect condition within 14 days following notification to the Seller of the Buyer’s decision to withdraw.

Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) to enable them to be returned to the market in new condition, accompanied by the purchase invoice. Damaged, dirty or incomplete Products shall not be taken back.

To exercise the right of withdrawal, the Customer must notify the Seller, either
(1) by post to the following address: RSN Crystal France - 22 rue Hector Malot 75012 Paris,
(2) or by e-mail to the following address: webshopfr@riedel.com.
of his/her decision to withdraw from the contract by means of a clear declaration by means of the withdrawal form provided in Appendix 2 of these General Terms and Conditions of Sale.

If the right of withdrawal is exercised within the aforementioned period, only the price of the Product(s) purchased and the delivery costs shall be reimbursed; the return costs shall be borne by the Buyer.

The Buyer undertakes to return the Products to the following address:

RSN Logistik GmbH
Dr.-Kilian-Str. 4
D-92637 Weiden

The reimbursement shall be made within fourteen (14) days of notification to the Seller of the decision to withdraw.

The right of withdrawal does not apply to personalised Products the manufacture of which requires special adaptations to meet very precise technical and aesthetic requirements.

9. Force majeure

Any event or circumstance that is beyond the control of the parties and which is unforeseeable, unavoidable and which cannot be prevented by the parties, despite all reasonable efforts, shall be considered as force majeure.

The following are expressly considered to be cases of force majeure or fortuitous events, in addition to those usually accepted by the case law of the French courts and tribunals: the blocking of means of transport or supplies, late delivery by the Seller’s suppliers, earthquakes, fires, storms, floods, lightning, the shutdown of telecommunications networks or difficulties specific to telecommunications networks external to Customers.

The parties shall meet to examine the impact of the event and agree on the conditions under which the performance of the contract shall be continued. If the force majeure event lasts for more than three months, these general terms and conditions may be terminated by the injured party.

10. Intellectual property

The content of the Website (technical documents, drawings, photographs, etc.) remains the property of the Seller and its Partners, and is protected by French and international intellectual property laws.

Customers undertake not to make any use of this content; any total or partial reproduction of this content is strictly prohibited and is likely to constitute the offence of infringement.

11. Data protection

The personal data provided by the Customer is necessary for processing his/her order and preparing invoices.
They may be communicated to the Seller’s partners responsible for the performance, processing, management and payment of orders.

The Customer has a right of permanent access, modification, rectification and opposition with regard to the information concerning him/her. This right may be exercised under the conditions and according to the procedures defined in the Privacy Policy accessible on the Website.

12. Severability

If one or more provisions of these General Terms and Conditions of Sale are held to be invalid or declared as such pursuant to a law, a regulation or following a final decision by a competent court, the other provisions shall retain their full force and effect.

13. Non-waiver

The fact that one of the parties does not avail itself of a breach by the other party of any of the obligations referred to in these general terms and conditions shall not be interpreted for the future as a waiver of the obligation in question.

14. Headings

In the event of a difficulty of interpretation between any of the headings at the beginning of the clauses and any of the clauses, the headings shall be declared non-existent.

15. Contract language

These general terms and conditions of sale are written in French. In the event that they are translated into one or more foreign languages, only the French version shall prevail in the event of a dispute.

16. Mediation

The Customer is informed that he/she may in any event use conventional mediation, in particular with the Consumer Mediation Commission or with existing sectoral mediation bodies, the references of which appear on the website https://www.economie.gouv.fr/mediation-conso/mediateurs-references or any alternative dispute settlement method (conciliation, for example) in the event of a dispute.

17. Applicable law

These General Terms and Conditions of Sale are subject to the application of French law, to the exclusion of the provisions of the Vienna Convention. This applies to both substantive and formal rules.

In the event of a dispute or claim, the Customer shall first contact the Seller to obtain an amicable solution.

APPENDIX 1 - Provisions relating to legal warranties

The Customer represents that he/she has read and is deemed to be fully informed of Articles L. 217-4, L. 217-5, L. 217-12 and L. 217-16 of the French Consumer Code and Articles 1641 and 1648 of the French Civil Code in force on the date these General Terms and Conditions of Sale are published online.

These provisions are transcribed below:

Article L. 217-4 of the French Consumer Code:
"The seller delivers goods in accordance with the contract and is liable for any non-conformities existing at the time of delivery.
It is also liable for any non-conformities resulting from the packaging, assembly instructions or installation when it has been contracted to do so or carried out under its responsibility.
"

Article L. 217-5 of the French Consumer Code:
"The goods comply with the contract:
1° If they are suitable for the use usually expected of similar goods and, if applicable:
- if they correspond to the description given by the seller and possess the qualities that it has presented to the buyer in the form of a sample or model;
- if they present the qualities that a buyer may legitimately expect in view of the public statements made by the seller, by the producer or by its representative, in particular in advertising or labelling;

2° Or if they have the features defined by mutual agreement between the parties or are suitable for any special use sought by the buyer, made known to the seller and which the latter has accepted."

Article L. 217-12 of the French Consumer Code
"Action resulting from lack of conformity lapses two years after delivery of the good."

Article L. 217-16 of the French Consumer Code
"When the buyer asks the seller, during the course of the commercial guarantee granted to it at the time of the acquisition or repair of movable property, for a restoration covered by the guarantee, any lock-up period of at least seven days shall be added to the remaining duration of the guarantee.

This period runs from the purchaser’s request for intervention or the provision of the property in question for repair, if this provision is subsequent to the request for intervention."

Article 1641 of the French Civil Code
"The seller is bound by the warranty on the grounds of hidden defects in the item sold that render it unfit for its intended use, or that so impair this use that the buyer would not have acquired it, or would only have given a lower price, if he/she had known of them". 

Article 1648 – paragraph 1 of the French Civil Code
"An action resulting from redhibitory defects must be brought by the buyer within two years from the discovery of the vice."

APPENDIX 2 - Withdrawal form

The Customer must only complete and return this form if he/she wishes to withdraw from the contract.

The Customer represents that he/she has been informed of his/her right to withdraw, in accordance with these General Terms and Conditions of Sale.

To exercise the right of withdrawal, the Customer must notify RSN Crystal France at the following postal address 22 Rue Hector Malot 75012 Paris or by email to the following address webshopfr@riedel.com of its decision to withdraw from the contract by means of a clear declaration according to the form below: 

 

For the attention of RSN Crystal France

I hereby notify you of my withdrawal from the sales contract relating to the following:

  • Name of the Product:
  • Product reference:
  • Order number:
  • Ordered on:
  • Received on:
  • Consumer Name:
  • Address of consumer:
  • Email address used for customer account:

I thus undertake to return the property within fourteen days of this notification in its original condition and complete (packaging, accessories, notice, etc.), accompanied by the purchase invoice to the following address:

RSN Logistik GmbH
Dr.-Kilian-Str. 4
D-92637 Weiden

Date:
Signature: