Terms & Conditions for On Premise Customers
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.
2.1. 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 before sending an Order Confirmation; (ii) cancel any Back Orders (see Clause 2.8.) at any time by giving Customer notice of such cancellation; (iii) accept Orders only with respect to amounts that from experience correspond to usual quantities ordered by enterprises of comparable size via the On-Premise Online Shop; and/or to (iv) 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. Limited Editions: TG reserves the right to offer Products marked as "Limited Edition" in a certain amount and for a certain time period and under certain allocation criteria to Customer.
2.7. 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.
2.8. Back Orders: If an ordered Product is out of stock, TG will notify Customer and will automatically place the Product on back order, and send the stock as soon as it becomes available ("Back Order"). If Customer does not want the Product comprising such Back Order, Customer needs to advise TG immediately after receipt of such notification accordingly in writing, otherwise Back Orders cannot be cancelled by Customer.
The prices for the Products and/or services are as set out in the On-Premise Online Shop. TG reserves the right to change its Product assortment and the prices for its Products and/or services from time to time, and the prices applicable at the time an Order is placed are those that apply to the Products purchased. Unless otherwise agreed in writing, all prices are stated net per sales unit, EXW warehouse Tiroler Glashütte, per address RSN Logistik GmbH, Weiden i.d. Oberpflalz, Germany (Incoterms 2020), excluding the packaging for shipment. TG issues its invoices in Euros. 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, Master Card, Visa Card, PayPal, Sofortüberweisung (direct debit), ApplePay 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.
5.1. All deliveries will be effected EX WORKS warehouse Tiroler Glashütte, per address RSN Logistik GmbH, Weiden i.d. Oberpfalz, Germany (Incoterms 2020). 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. Customer shall assume all risk to Products during transportation thereof, TG shall not be obligated to replace or credit Customer for Products that are stolen, lost, broken, damaged, or otherwise altered during or as a result of their transportation, and Customer shall be solely responsible for filing any and all claims for loss or damage with the responsible entity or entities. Self-pick-up of the Products is not possible.
5.2. Deliveries will be made by TG according to its operational capabilities. Communicated lead-times are estimates only and are not binding; lead-times for Special Orders and Limited Editions will be communicated to Customer on a case-by-case basis and are estimates only and are not binding. To the extent permitted by law, TG will not be liable for its failure to make any delivery by the estimate date. Any claims for damages due to non-performance or delayed performance are excluded, and Customer waives any and all claims against TG and its affiliates for damages and other liabilities arising from or due to TG`s actual or alleged non-performance or delayed performance. 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:
- 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, Denmark, Slovakia, Poland:
- 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
- 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, Monaco:
- 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, Norway:
- 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
- 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
- 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 pandemics, epidemics, 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-safe 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 case of a valid claim in respect of any defective Product, TG will, at its sole discretion, either arrange delivery of a replacement Product (subject to its operational capabilities) or issue a credit note for the price paid by Customer for the defective Product, but not both. If TG chooses to arrange delivery of a replacement Product, Customer is required to return the defective Product at Customer's cost and risk to the warehouse determined by TG. Any and all other warranty claims of Customer shall to the extent permitted by law be 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, or use 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 Customer shall not be entitled to, and releases TG from, any additional claims, in particular for compensation of indirect damage or loss or consequential damage or loss of profits, goodwill revenue, savings or opportunity, whether in contract, tort (including negligence) or otherwise. For clarification, the cost of making a claim under this warranty will be borne by Customer.
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.
8.7. Except as provided in the T&C, TG makes no warranties or representations as to the Products or services to Customer or to any other person. All implied warranties, including but not limited to implied warranties of merchantability and fitness for a particular purpose are hereby expressly excluded to the extent permitted by law.
Unless due to their defectiveness Products are returned in accordance with Clause 7, all returns are subject to TG’s express prior written approval and subject to the exclusions as set out in these T&C. Special Orders, Limited Editions or Products that are engraved, decorated or personalized in any other way may not be returned and will not be reimbursed. 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 per address RSN Logistik GmbH, Dr.-Kilian-Straße 4, 92637 Weiden, Germany, 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 7, the EXW Tiroler Glashütte warehouse Product net price paid 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 and will not be reimbursed.
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 "Riedel", "Spiegelau" and "Nachtmann" brands (the "Brands") and/or the associated trademarks (the "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 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 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 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 Brands or of any intellectual property rights of TG or of TG`s licensors on social media platforms such as Facebook, Twitter, Instagram, TikTok 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.
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&C and the contract concluded with Customer including the pre- and post-contractual phases and effects shall be governed by and shall be interpreted in accordance with Austrian law, excluding its conflict of law rules and the provisions of the UN Sales Law (CISG – United Nations Convention on Contracts for the International Sale of Goods).
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.
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.