Here are the General Terms and Conditions adapted for Newspirits.
I have adjusted the key points to protect your creative work (label design) and the logistics of production, which is vital when working with physical media such as bottles and labels.
General Terms and Conditions Newspirits
1. Definitions and Applicability
In these terms, we understand Newspirits to be the user of these terms, specialized in design and labeling for the distilled sector. The Other Party refers to any party (such as distilleries or brand owners) that enters into an agreement with us. These terms apply to all our offers, design services, and deliveries of labeling solutions. Deviating terms from the other party are explicitly rejected.
2. Offers and Formation
All our offers are non-binding. An offer for a design or labeling project is an invitation to enter into negotiations. An agreement is only established once we receive a written acceptance or as soon as we have actually begun the creative execution or the production process of the assignment.
3. Rates and Adjustments
Our prices are in Euros, excluding VAT. Newspirits reserves the right to adjust prices in the event of an increase in raw material costs (such as paper or special inks) or labor costs between the quote and delivery. If unclear input or additional rounds of revisions by the other party result in extra work, we are entitled to charge for this.
4. Changes and Cancellation
Adjustments to the design or specifications of the labeling must be communicated in a timely and written manner. In the event of cancellation of an order after approval of the design but before production, the other party is liable for the design hours and preparation costs incurred.
5. Delivery and Deadlines
Delivery of physical products (such as labels) takes place at the location of Newspirits or a printer designated by us, unless otherwise agreed. The mentioned deadlines for design and delivery are indicative. Delays in delivery do not entitle the other party to compensation unless there is intent on our part.
6. Retention of Title
All delivered goods (such as printed labels or packaging) remain the property of Newspirits until the other party has fulfilled all payment obligations. The other party is not permitted to transfer or use products that are still subject to a retention of title for trade.
7. Payment and Collection
Payment must be made within 14 days of the invoice date. In case of exceeding this period, the other party is automatically in default. A late payment interest of 2% per month will then be charged, plus collection costs (minimum 15% of the principal amount, with a minimum of €500).
8. Warranty and Complaints
Newspirits is responsible for the quality of the design and the adequacy of the labeling according to the agreed specifications. Any defects in printing or design must be reported in writing within 8 days of delivery. The warranty is void if the labels are improperly stored (e.g., in a humid environment) or incorrectly applied to the bottles by third parties.
9. Liability
Our liability is limited to a maximum of the invoice amount of the order. Newspirits is not liable for indirect damages such as lost profits or missed sales of the distilled beverages. We are not responsible for errors in texts (such as alcohol percentages or legal warnings) that have been approved by the customer in the final proof.
10. Force Majeure
In situations of force majeure (such as fire, strikes by carriers, or disruptions in the label production process), our obligations are suspended. If this lasts longer than 6 months, both parties may terminate the agreement without compensation.
11. Intellectual Property
All intellectual property rights to the concepts, illustrations, bottle designs, and graphic labels developed by Newspirits remain the exclusive property of Newspirits, unless a full transfer of copyright has been agreed upon in writing. The other party is granted a usage right for the specific product for which the design was created.
12. Applicable Law
All our agreements are exclusively governed by Dutch law. Disputes will be submitted to the competent court in the region where Newspirits is located.