Terms of Sale For On Premise Customers

These Terms of Sale (the “Terms of Sale”) is entered into by and between you (referred to throughout as “You,” “Customer,” or “Your”) RIEDEL Retail Corp., 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 before it becomes non-cancelable (typically within 1 business day) 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 available on our website.

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.

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.

Shipping, handling and tax are additional unless otherwise expressly indicated at the time of sale. All items purchased from Us are made pursuant to a shipment contract. This means that the risk of loss and title for such items 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 review Our Shipping Policy which can be found also in these Terms of Sale by reference.

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 review Our Return Policy 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.

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 MAKE NO OTHER WARRANTIES FOR OUR PRODUCTS.

SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS OF IMPLIED WARRANTIES, SO THESE LIMITATIONS MAY NOT APPLY TO YOU.

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.

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.

The laws of the State of New Jersey, 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.

Unless due to their defectiveness Products are returned in accordance with Clause 7, all returns are subject to Crystal of America, Inc., Crystal of New York, Inc. 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 Crystal of America, Inc., Crystal of New York, Inc. 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 Crystal of America, Inc., Crystal of New York, Inc. written prior approval and shall be delivered to Crystal of America, Inc., Crystal of New York, Inc. warehouse at 630 Sullivan Road, Elizabeth, New Jersey. 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 Crystal of America, Inc., Crystal of New York, Inc. 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 Crystal of America, Inc., Crystal of New York, Inc.

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 New York, Inc.

Attn: General Counsel

110 Fieldcrest Avenue

Raritan Plaza 1, 4th Floor

NJ 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. 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.

If You would like to contact RIEDEL customer support, please send Us an email at webshopusa@riedel.com