of contract of Tiroler Glashütte GmbH
1. Scope of Application
These General Terms and Conditions of Contract ("T&C") shall apply to all deliveries and services by Tiroler Glashütte GmbH ("Tiroler Glashütte") based on orders placed by each customer (the "Customer") in the Retail Online Shop of Tiroler Glashütte, Austria. Supplementary or deviating terms and conditions of the Customer shall require the explicit written and duly signed acknowledgement of Tiroler Glashütte in order to be legally effective. By ordering products or services sold by Tiroler Glashütte (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.
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 amended 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 public 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 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.
2.5. Limited Editions: Products marked as "Limited Editions" are only available in limited quantities and only for a certain period of time and according to certain allocation criteria.
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 firstname.lastname@example.org) 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 to email@example.com 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 chose 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, per address RSN Logistik GmbH, Dr.-Kilian-Straße 4, 92637 Weiden, Germany, 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, and packed in the original undamaged boxes.
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.
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.
5.1. 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 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 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, Visa Card, PayPal, Sofortüberweisung (direct debit), Klarna, Apple Pay. 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 a valid claim, 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 and/or the Product packaging, 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, Tiroler Glashütte shall not be liable for any damage or loss resulting from the purchase, the packaging, the promotion or the use of the Products by Customer.
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 indirect damage or loss or consequential damage or loss of profits, goodwill revenue, savings or opportunity, or otherwise 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.
9.5. Except as provided for in the T&C, Tiroler Glashütte does not give the Customer or any other person any warranties or representations with regard to the Products or services. All implied representations, including those of fitness for a particular purpose, are hereby expressly excluded to the fullest extent permitted by law.
10. Intellectual Property Rights
10.1. Tiroler Glashütte or its 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, design patent, patent rights and/or design rights, relating to the Products, the Product designs, the glassware samples and the glassware sample designs and prototypes, including, but not limited to, the respective drawings, tools, shapes and molds.
10.2. Any use of the "Riedel", "Spiegelau" and "Nachtmann" brands (the "Brands"), and the associated trademarks (the "Trademarks"), or of any other intellectual property of Tiroler Glashütte or of its 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 Tiroler Glashütte.
10.3. Any and all materials and related documentation Tiroler Glashütte provides to Costumer hereunder or through any contract together with any and all rights, titles and interests in the intellectual property, including but not limited to the Brands, the Trademarks, or any other proprietary material of Tiroler Glashütte 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 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 its licensors, protected by the relevant statutory provisions regarding reproduction, imitation, competition, etc.
10.4. Any use of the Brands or of any intellectual property rights of Tiroler Glashütte or of its 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 Tiroler Glashütte.
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.
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; this choice of law does not affect the applicability of mandatory provisions of the law of the place of habitual residence of the Consumer Customer that are more favorable to the Consumer Customer.
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.
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.