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General Terms and Conditions of Spice Branding

1. Applicability

1.1. These general terms and conditions of delivery and payment apply to all quotations and deliveries from Spice Branding unless expressly agreed otherwise in writing.
1.2. If the client includes provisions or conditions in his assignment that deviate from - or do not appear in - these conditions, they are only binding on the client if and insofar as they have been expressly accepted in writing by Spice Branding.

2. Quotations

2.1. All quotations are without obligation unless expressly stated otherwise.
2.2. If it turns out that the information provided by the client with the application or agreement was incorrect, Spice Branding has the right to cancel the offer
to adjust previous prices accordingly.

3. Assignments / Orders

3.1. Assignments / orders are only binding if they are confirmed by the orderconfirmed in writing or by e-mail, or in the absence of such confirmation, by the execution of the order by Spice Branding.
3.2. The client is always obliged to fully inform Spice Branding about the quality requirements used by him prior to the assignment, failing which Spice Branding, if this is done after
grounding of the assignment appears, is entitled to terminate the agreement without this giving rise to any right for the client to compensation on any account whatsoever.

3.3. Non-functional differences between the products, services and all other specifications and quality statements and the actual execution of the delivered goods do not entitle the client to any compensation, in any form or on any basis.

4. Prices

4.1. Spice Branding prices are based on the cost-determining factors that apply to us on the date of the quotation. If, after one month after the date of the offer and/or confirmation, the prices of these cost-determining factors undergo an increase, even if this increase has occurred as a result of circumstances to be foreseen when the quotation or confirmation was submitted, we are entitled to the agreed to increase the price accordingly, which price increase is binding for the client.

5. Delivery time

5.1. The delivery time starts on the date on which the written order is received by Spice Branding.

5.2. Exceeding agreed delivery times for whatever reason does not give any right to compensation, unless otherwise agreed in writing.

6. Change of assignment

6.1. All changes to the assignment, either at the request of the client or as a result of the fact that a different execution is necessary due to whatever circumstances, will be regarded as additional work if multiple costs are involved. These will be invoiced to the client accordingly.

6.2. If Spice Branding, due to circumstances unknown at the time of the quotation or order confirmation, has to perform more work than agreed, or has to perform work under circumstances more difficult than was known to it at the time of entering into the agreement, Spice Branding is entitled to charge the resulting additional costs to be charged to the client. If the client cannot agree to the additional costs involved, he has the right not to do so yet 

cancel the executed part of the order.

7. Copyright

7.1. With regard to the products, services and websites created by him and also with regard to the production methods used by him, the client expressly reserves all rights to and arising from intellectual property rights, such as rights to models, copyrights and patents.ear, unless otherwise agreed.

8. Warranty

8.1. Unless otherwise agreed in writing, Spice Branding guarantees that the assignment given to it has been carried out to the best of its ability, applying sufficient care and craftsmanship.

9. Payment Terms

9.1. Unless otherwise agreed in writing, payment must be made within 31 days of the date of the relevant invoice.
9.2. If payment has not been made within the payment term referred to in this article, Spice Branding is entitled to charge a compensation for loss of interest of 8.25% or the legal interest - whichever is higher - on the then outstanding amount from the end of this term without notice of default.

10. Retention of title

10.1. As long as the client does not completeOnce payment has been made on the entire agreed amount, all delivered goods remain the property of Spice Branding.
10.2. If the client fails to fulfill any obligations under the agreement towards Spice Branding, Spice Branding is entitled to take back the goods without any notice of default, in which case the agreement is terminated without judicial intervention.

10.3 If the payment term of 31 days is not met and if three payment reminders have not resulted in payment, Spice Branding has the right to no longer provide the website or other services.

11. Special circumstances on the part of the client

11.1. The claim for payment is immediately due and payable if the client is declared bankrupt, applies for a suspension of payments or a complete attachment is placed on the client's assets, the client dies and furthermore, if it goes into liquidation or is dissolved.

11.2. In the above cases, Spice Branding also has the right to terminate or suspend the agreement or the part thereof that has not yet been executed without notice of default or judicial intervention, without prejudice to the right to demand compensation for any damage that may arise for it as a result.

11.3. If one of the stated circumstances occurs, Spice Branding is entitled to immediately claim the full purchase price of the goods in advance and/or to require security for the agreed price, at the discretion of Spice Branding..

12. Dissolution

12.1. If the client fails to fulfill any obligation under the agreement or on the basis of these conditions, Spice Branding has the right to terminate all agreements concluded with the client concerned without notice of default or judicial intervention being required.

13. Disputes

13.1. This agreement is governed by Dutch law.
13.2. All disputes will be settled exclusively by the competent court in the District.

14. Brokenn projects

14.1. If the client decides to cancel the project at any time after Spice Branding has already started to perform the services, the client is obliged to reimburse Spice Branding for the work already performed and the hours worked, based on the agreed rates.

14.2. Payment for the hours worked as stated above must be made within 30 days of receipt of the invoice from Spice Branding.

14.3. Spice Branding reserves the right to charge any additional costs incurred as a result of canceling the project upon delivery.chgiver.

14.4. The client acknowledges that Spice Branding has the right to retain all intellectual property rights relating to the work already performed, unless otherwise agreed in writing between the parties.

14.5. The client should be aware that the deposit once made will under no circumstances be refunded, even if the project is canceled. The deposit is considered a confirmation of the agreement and as compensation for the time and resources already invested by Spice Branding.

15. Aanspracticalityid for Third Party Costs

15.1  Spice Branding accepts no liability for costs arising from the use of third party services, including, but not limited to, Wix or other parties. Such costs include subscription fees, transaction fees, hosting fees, domain registration fees and other related expenses incurred by the client when using third party service providers.

​15.2 The client acknowledges that Spice Branding may use external service providers, such as website providers, for certain services. Spice Branding is not liable for costs, obligations or disputes between the client and third parties.

15.3 The client indemnifies Spice Branding against any liability relating to third-party costs, including legal costs and disputes arising from the use of third-party services.

15.4 The other provisions in the General Terms and Conditions remain in full force and where necessary they apply in the event of disputes with third parties.

15.5 By using the services of Spice Branding, the client agrees to the provisions regarding liability for third party costs as set out above.

​These General Terms and Conditions were last updated on 13-11-2023. Spice Branding reserves the right to change these General Terms and Conditions upon written notice to the client.

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