Terms of Sale For On Premise Customers
Crystal of America, Inc. and Crystal of New York, Inc. USA - Effective August 1, 2022
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 America, Inc. and Crystal of New York, Inc. (together collectively referred to throughout as, "We," "Us," "Our," "Company, " or "RIEDEL”), 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 expressly acknowledge and 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. Any and all terms and conditions of You, whether memorialized via written statement, purchase order, or otherwise, shall not be binding upon Us unless such terms and conditions are duly acknowledged and expressly agreed to in writing signed by Us.
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 in Section 12, or by returning all Products comprising Your order in accordance with Our Return Policy as defined in Section 8.
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 to 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 intend 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 the Product assortment and the 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, at any time and for any reason, without any requirement that We notify You of the reason thereof and without liability to You. 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.
We shall retain title to all Products purchased through the OP Site until You submit payment thereon in full and We deliver the Products to the carrier.
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 review please review Our Shipping & Payment section.
4. Order Cancellations/Modifications
If You are looking to modify or cancel an order that was recently placed, but was so far not shipped, you must immediately contact Us on Our customer service phone line at 1-888-4-RIEDEL (1-888-474-3335) or via e-mail at Return Policy, which is incorporated into these Terms of Sale by reference.
For security reasons, We unfortunately cannot make address changes once an order has been placed. The carrier will make 3 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 carrier facility. Otherwise, the shipment will be returned to Our warehouse and a respective refund will be processed for the Products, less the cost for the prior shipment.
5. Claims, Warranties and Limitations of Liability
5.1. All claims, including defect claims ("Claims"), must be made in writing within thirty (30) days from the date of receipt of the relevant Products and in any event prior to their use, and must be submitted in accordance with Section 5.15. of these Terms of Sale; otherwise the Products shall be deemed accepted by You.
5.2. Company warrants the Products against defects in materials and workmanship when purchased directly from Company or a Company authorized reseller. This warranty is valid for a period of one (1) year from the date of original purchase. This warranty does not apply to products that are purchased from sellers other than Company or a Company authorized reseller.
5.3. 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.
5.4. Product decorations or alterations that are not done by Us ("Third-Party Alterations"), such as, by example and not limitation, engravings and silk-screenings, are the sole responsibility and risk of You, and any such Product with Third-Party Alterations shall not be eligible for any warranty of Company. Under no circumstances shall Company be liable for Products with Third-Party Alterations, including those completed with dangerous material such as heavy metals or material that is not water resistant or dishwasher-proof. You shall indemnify and hold Us harmless from any and all claims, suits, losses, damages, demands, injuries, costs and expenses (including reasonable attorney`s fees and costs) arising out of or related to any Products with Third-Party Alterations.
5.5. We will not be responsible for any delay or failure to perform Our obligations under these Terms of Sale or otherwise, which arises out of or is due to unforeseeable events or events independent of the intention of the parties, such as but not limited to events of force majeure ("Force Majeure Events"), including, by way of example and not of limitation, all events of war, terrorist actions, interventions and prohibitions of official authorities, delays in transport and customs clearance, transport damage, inclement weather, lack of energy, financial crises, labor conflicts, epidemics, pandemics as well as delays in delivery on the part of suppliers for any reasons. Delivery times will be prolonged where any Force Majeure Event occurs. The agreed payment terms are not changed thereby.
5.6. In the event that Company, in its sole discretion, determines that any defect Claim duly submitted to it is the fault or responsibility of Company, Company shall be entitled to remedy the defect, and Company will, at its sole discretion, either replace the defective Product or issue a credit note, but not both. If Company chooses to replace defective Products, You are required to return the defective Products at Your cost and risk. If Company, 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 respective refund for Your purchase. We make no other warranties for our Products. Damages caused as a result of a Force Majeure Event shall be excluded from Our warranty. Packaging is not replaceable.
5.7. Some jurisdictions do not allow limitations of implied warranties, so these limitations may not apply to You.
5.8. You shall assume all risk to Products during transportation thereof, Company shall not be obligated to replace or credit You for Products that are broken, damaged, or otherwise altered during or as a result of their transportation, and You shall be solely responsible for filing any and all claims for loss or damage with the responsible carrier.
5.9. Company shall not be liable if and to the extent that Product instructions, in particular instructions for processing and use of the Products, and/or generally accepted Product use practices are not observed by You or other persons.
5.10. Company shall not be responsible for, and You shall indemnify and hold Company harmless from, any and all claims, suits, losses, damages, demands, injuries, costs and expenses (including reasonable attorney’s fees and legal fees) arising out of or related to Your purchase, handling, storage, packing, labeling, distribution, promotion or use of the Products.
5.11. In no event shall Company be deemed to have assumed any obligation except to fill orders it chooses to accept in its sole discretion, and You expressly agree that the Company shall not be liable for any and all claims, suits, losses, damages, demands, injuries, costs and expenses (including reasonable attorney’s fees and legal fees) arising out of or related to the Company‘s failure or inability, whether or not the same shall have been caused by any act or omission of the Company or any other person, to make shipment of any Products to You. In such circumstances, Your sole remedy shall be to cancel the order for Products so delayed or remaining unshipped for more than six (6) months after the confirmed shipment date.
5.12. Company makes no warranties or representations as to the Products or service to You 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 excluded.
5.13. The liability of Company, if any for damages arising from or relating to allegedly defective, broken or damaged Products shall be limited to the actual price paid by You for such Products. The liability of Company, if any, for any other damages will only arise for damages caused by Company's gross negligence or willful misconduct. The burden of proof lies with You in all cases.
5.14. Company shall not be liable for incidental, indirect, consequential, special or punitive damages of any kind that You or others may suffer, including but not limited to damages for lost profits or revenues or business interruption, arising from or related to Company's performance hereunder, its Products or services, even if Company knew or should have known of the potential for any such damages.
5.15. Claims Procedure: All Claim forms shall be completed and submitted by email to Company’s Claims Department at email@example.com. Claims MUST be submitted in writing within thirty (30) days from the date of receipt for the relevant Products and in any event prior to their use. Any claims made thereafter are subject to pre-approval from Company Management. Claims must include a detailed description and photos of the alleged defect and/or non-compliance. Claims will be subject to a review and approval process. Contact the Claims Department for the status of a claim or any credit or replacement thereon (by email). If approved, please allow thirty (30) days for credits to be processed.
Types of claims handled by the Claims Department:
Breakage: Claims Department requires photographs and a detailed description for any breakage claim.
Shipment to incorrect address: You shall inform Company of any shipment made to an incorrect address and send a claim with the contact information of the latter location so that the shipment can be retrieved.
Incorrect discount applied: You shall adhere to the following steps:
- Inform Customer Service/Order Entry Representative.
- Customer Service/Order Entry Representative will then inform the Claims Department, who will then decide if credit is applicable.
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. Intellectual property rights
7.1. All Products and designs, including but not limited to manufacturing drawings and samples supplied by Company are protected by intellectual property rights, namely copyright, trademark, trade secret, design patent, and patent rights, which are held exclusively by Company and/or by Company’s licensors.
7.2. Any use of the "RIEDEL" brands (the "Riedel Brands"), and the associated trademarks and trade dress (the "Riedel Marks") affixed to the Products or their packaging, or any other proprietary material of Company and/or 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 Company and the relevant licensors (as necessary). In addition, You undertake not to use, display, or make publicly visible any marks or signs that are likely to be confused with those of the Company or those of its licensors, any of the Riedel Brands or Riedel Marks, or to make an application in any jurisdiction for protection of the same in whatever form.
7.3. Any and all materials and related documentation Company provides to You hereunder or through any contract together with any and all rights, titles and interests in the intellectual property, including but not limited to the Riedel Brands, the Riedel Marks, or any other proprietary material of Company and/or its licensors including copyright, in and arising from the Products, vested therein or related thereto remain the sole and exclusive property of Company and/or its licensors.
7.4. Documents such as catalogs, brochures, illustrations, photos, videos and the like, as well as samples and designs, remain at all times the intellectual property of Company and/or its licensors, protected by the relevant statutory and common law provisions regarding reproduction, imitation, competition, etc. You undertake not to make such material and documents available to third parties, either in whole or in part, without the prior written authorization of Company, or to use them for any purpose apart from the purpose for which they were provided to You. In case an authorization is granted allowing You to make such material and documents available to third parties, You shall be obliged to impose all obligations arising out of the Terms of Sale upon such third party. You remain liable to Company for any acts or omissions of such third party, and You shall hold Company harmless from any and all claims and expenses (including reasonable attorney’s fees) arising out of or related to any such acts or omissions.
7.5. Any use of brand names or of any intellectual property rights of Company or of Company`s licensors, including but not limited to the Riedel Brands or Riedel Marks, on social media platforms such as Facebook, Twitter, Instagram etc. or any setting up of a "RIEDEL" account on social media platforms is only permitted upon Company`s express prior written approval.
8.1. Unless due to their defectiveness Products are returned in accordance with Section 5, all returns are subject to Crystal of America, Inc., Crystal of New York, Inc. express prior written approval and subject to the exceptions set out in these Terms of Sale. Products purchased in a clearance sale, special orders and Products that are engraved, decorated or personalized in any other way may not be returned and will not be credited.
8.2. The Products must be returned in new and unused condition and inside their original packaging. Returned Products must be part of Our current collections and in mint, resalable condition, packed in the original undamaged boxes and in the original sealed master packs.
8.3. The Products must be returned and received by Us within 30 days after having received Our prior written 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 Your expense and responsibility.
8.4. The reason(s) for the return must be documented on the packing slip and inserted in the shipping box. The Product return label must be completed as instructed and affixed on the shipping box. All packages must be returned prepaid; all freight/shipping costs and risk of loss shall be borne exclusively by You.
8.5. For Products ordered on the OP Site and returned in accordance with these provisions and such Products not being defective under Section 5, 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.
8.6. Please note that this return policy applies only to Products purchased on the OP Site. Company will not accept returns for Products purchased elsewhere.
9. Data protection and marketing
10. Governing Law
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.
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 America, 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.
13. Proposition 65 Warning for crystal items sold in California
The Proposition 65 warning requirements for Leaded Crystal Products apply to all retail stores located in California; to all "mail order" sales made to California residents (whether by mail, catalogue, telephone or via the Internet); to restaurants in California that serve food or beverages in lead crystal; and to California wineries that sell lead crystal or use it for giveaways or tastings. In addition, distributors of lead crystal must pass on information about these Proposition 65 warning requirements to their customers.
"Leaded Crystal Products" requiring Proposition 65 warnings were previously defined by the California Attorney General’s Office and San Francisco Superior Court as all crystal products containing any lead.
There has recently been an uptick in Proposition 65 bounty hunter claims against sellers of Leaded Crystal Products, who have been alleged not to be in full compliance with the Proposition 65 warning requirements, so Your attention to the matters discussed below going forward may prove particularly important for Your company now and in the years ahead. While their enforcement has largely focused on traditional lead crystal, bounty hunters have contended that even "no lead/lead free" crystal or crystalline drinkware products that present exposures to lead at a detection level as low as 2 parts per billion necessitate Proposition 65 Warnings.
A copy/description of the International Crystal Federation’s recommended Proposition 65 warning sign for retail sales in California of lead crystal can be found below. More specialized warning language for "mail order" sales and warning signs for restaurants and wineries are available upon further request.
In addition to Proposition 65 warnings required for the storage/consumption of food and beverages from lead crystal tableware, these Terms of Sale and the International Crystal Federation recommend providing Proposition 65 warnings about potential exposures to lead from handling Leaded Crystal Products (including crystal giftware and decorative products) and lighting. Lead crystal products are not intended primarily for use by children ages 12 and under regardless of whether or not a Proposition 65 or other warning is given for them.
Failure to provide Proposition 65 warnings for lead crystal as required could subject Your company to enforcement litigation (including citizens’ suits), monetary penalties, and attorney’s fees.
If You have questions about the specifics of the Proposition 65 warning program for lead crystal, or if you would like any associated documentation (including warning signs or posting instructions), please contact legal counsel for Crystal of America, Inc., Matthew R. Yogg, Esq., of Davidoof Hutcher & Citron, LLP at 646-428-3272 or firstname.lastname@example.org.
13.1. Summary of proposition 65 Warning requirements for retailers of lead crystal items
If you are a retailer of any kind (no matter where you are based), and maintain retail outlets in California, in which lead crystal products are sold, you must provide a warning by posting one or more warning signs in each California store as further described below.
Location of Warning Signs:
Any retailer may satisfy the requirements of the Proposition 65 warning program for lead crystal in any one of the following three ways. Customer may either:
- Post 4-inch by 6-inch signs on each shelf where leaded crystal items are displayed, or
- Post 8-inch by 10-inch signs at each location (such as in the aisle) where leaded crystal items are displayed (the signs may be free-standing, placed on a wall, hung, or displayed in any manner as long as a potential purchaser would be reasonably likely to see the signs), or
- Post 4-inch by 6-inch (or, at your option, 8-inch by 10-inch) signs at, on, or adjacent to each checkout counter, sales register, cash stand, or cash wrap in the tableware department. If you do not have such separate facilities dedicated to a tableware department, and your store is less than 7,500 square feet, then you must place the warning signs at each checkout counter, sales register, cash stand, or cash wrap in the store.
These options are summarized below:
- Large deparement store (>7500 sq, ft,) with separate check out for tableware departement:
- 4x6 on display shelves: YES
- 8x10 near display: YES
- 4x6 at registers (optional 8x10): YES - put signs at all registers in the departement.
- Large store (>7500 sq, ft,) without separate check out for tableware departement:
- 4x6 on display shelves: YES
- 8x10 near display: YES
- 4x6 at registers (optional 8x10): NO - signs at registers not allowed
- Small store (<7500 sq, ft,) without separate check out for tableware departement:
- 4x6 on display shelves: YES
- 8x10 near display: YES
- 4x6 at registers (optional 8x10): YES, but required at all registers in store
Content of Warning Signs:
A number of different Proposition 65 warning signs for lead crystal have been approved by the California Attorney General’s office and courts since the early 1990s. While you may use any of the approved signs, the International Crystal Federation recommends that you post the below version of the sign, which, in addition to referencing food and beverage storage and consumption, also warn about potential exposures to lead from handling crystal.
Also, please note that if you sell Baccarat decanters, falcons, stoppered pitchers, or mustard or jam pots, you will need to use a special version of the warning sign that contains an asterisked footnote exempting these items from the warning message. Please contact the International Crystal Federation if you need these or copies of any other Proposition 65 warning signs for Lead Crystal Products.
13. 2. Requirements for proposition 65 warnings concerning other California sales or uses of leaded crystal products
The following is a brief summary of requirements that apply to mail order and internet sales of Leaded Crystal Products to California residents, as well as requirements for California restaurants or wineries that use or sell lead crystal.
Requirements for Mail Order, Telephone, Catalog, and Internet Sales to California Residents:
If you sell Leaded Crystal Products to residents of California by mail order, telephone, catalog, or the Internet – you must provide a Proposition 65 lead crystal warning to any customer who is a resident of California. The warning may appear in the catalog, on an ordering website, or in a package insert or label, but it also must meet highly specific requirements for each of these modes. (More detailed information concerning these requirements is available upon further request to the International Crystal Federation.)
Requirements for Restaurants:
If you operate a restaurant or other eating establishment in the State of California and serve food or beverages in lead crystal tableware, you must provide a warning to your patrons by posting a special lead crystal Proposition 65 warning sign for restaurants, where it will be seen by your customers before they consume food. (These signs are available from the International Crystal Federation on request.)
Requirements for Wineries:
If you are a California winery that sells or uses lead crystal tableware products on your premises, you must post a special Proposition 65 lead crystal warning sign for wineries on or near the cash register(s) or service counter(s) where lead crystal tableware articles may be purchased by consumers, and in or at the entrance to any area where wine is poured in lead crystal glasses for tasting.
13. 3. Distributors whose customers may do business in California
If you are a distributor of lead crystal tableware or giftware to retailers, mail order/Internet sellers, restaurants, or wineries, you must pass on Proposition 65 Leaded Crystal Warning program information to all of your customers who may do business in California. You must also request that they implement the Proposition 65 warning program for Leaded Crystal Products as described above. Failure to do so may subject you and your customers to enforcement lawsuits, penalties and attorneys’ fees.
13. 4. Warning Sign
Prop 65 Warning
Consuming foods or beverages that have been kept or served in leaded crystal products or handling products made of leaded crystal will expose you to lead - a chemical known to the State of California to cause birth defects or other reproductive harm.