( Legal )
Terms of Service
LAST UPDATED 27 OCTOBER 2026
01 SCOPE
These Terms of Service apply to quotations, purchases and commissions for sculptures and sculptural objects offered by Casper Smits (“the studio”, “we”, “us”), including the Organic Pressure collection.
Individual terms agreed before purchase, including specifications in an accepted quotation, take precedence where they differ from these terms. Mandatory consumer rights remain unaffected.
For enquiries, contact info@caspersmits.com.
02 QUOTATIONS AND ORDERS
An agreement is formed when an offer is accepted. For website purchases, the checkout explains when your order becomes binding. We provide confirmation of the agreed order or commission in a form you can retain.
The object’s relevant characteristics, total price, additional charges, payment arrangements and delivery terms are disclosed before you commit to the purchase. Individual specifications for commissioned work are recorded as part of the agreement.
Images, descriptions and samples are presented with care. Colours may appear differently depending on lighting and screen settings. Where an image or sample represents another piece, this is identified. Agreed specifications and the description of the actual object remain binding.
03 MATERIALS AND INDIVIDUAL CHARACTER
Each Organic Pressure piece is shaped by hand and by the particular qualities of its wood. Variations in grain, colour, texture and contour, together with considered traces of the making process, may form part of its individual character.
Wood retains a natural responsiveness to its surroundings. With the passage of time, changes in light, temperature and humidity may introduce subtle variations in tone, contour and surface. Minor imperfections may emerge or become more pronounced as part of this natural evolution, contributing to the individual expression of the piece.
Such characteristics do not, in themselves, constitute a defect where they remain consistent with the agreed description, intended use and reasonable expectations of quality and durability. This does not exclude manufacturing defects or changes that compromise structural integrity, safety or agreed functionality.
04 APPROPRIATE USE AND CARE
Objects must be used reasonably and with appropriate care, in accordance with the function described for the particular piece. A decorative sculpture and a functional piece of furniture have different intended uses and load-bearing capabilities.
Unless expressly stated otherwise, objects are intended for indoor use in a stable environment. Avoid prolonged direct sunlight, proximity to heat sources, persistent moisture and significant or sudden changes in temperature or humidity.
Position the object on a suitable, stable surface. Protect its finish from hot items, standing liquids, sharp materials and abrasive contact. Use suitable coasters or other protection where appropriate. Do not use a piece as seating, a step or a support for heavy loads unless it has been expressly designed and offered for that purpose.
Lift and support objects appropriately when moving them. Avoid dragging, impact and unnecessary stress on the material. Follow the care instructions supplied for the particular piece. Do not apply abrasive products, harsh chemicals or solvents without our advice. Contact the studio if you are unsure about placement, cleaning or intended use.
05 PRICES AND PAYMENT
Prices are stated in euros unless otherwise specified. Consumer prices include applicable VAT and other compulsory charges. Delivery, installation and any additional charges are disclosed before the agreement is concluded.
Payment terms and any deposit are agreed in advance. These terms do not require consumers to make advance payments exceeding the statutory limit. Changes or additional work affecting the price require prior agreement.
06 DELIVERY
Delivery arrangements and lead times are agreed before purchase. We deliver within thirty days unless a different period has been expressly agreed, including an agreed production period for commissioned work.
If a delay occurs, we will inform you and discuss the next steps. Statutory rights relating to delayed delivery remain unaffected.
For consumer purchases, the risk of loss or damage remains with the studio until you or your nominated recipient takes physical possession. The statutory exception for a carrier independently commissioned by you and not offered by us remains applicable.
Please inspect your piece on arrival and notify us promptly of visible damage, with photographs where possible. A failure to report damage immediately does not remove your statutory rights.
07 WITHDRAWAL AND RETURNS
For consumer purchases made at a distance, you generally have fourteen days to withdraw without giving a reason, beginning on the day after receipt. Where one order is delivered separately, the period runs from receipt of the last piece or component. You may also withdraw before delivery.
Notify us clearly before the deadline through info@caspersmits.com, the supplied model withdrawal form or another legally accepted method. You may also use an available online withdrawal function. Use of the model form is optional.
Return or hand over the object within fourteen days after notifying us. You bear direct return costs only if this was correctly disclosed before purchase; otherwise, we bear them.
We refund payments, including the least expensive standard delivery offered, within fourteen days of notification. Unless we have offered to collect the object, we may withhold the refund until receipt or evidence of return, whichever occurs first. Refunds use the original payment method unless otherwise agreed and incur no refund fee.
You may inspect a piece as you would in a shop. Any liability for diminished value is limited to handling beyond that inspection and the applicable legal conditions. Pack returns carefully; original packaging is not a condition of withdrawal.
08 COMMISSIONS AND BESPOKE PIECES
The statutory exception to withdrawal may apply to goods made to your individual specifications or clearly personalised for you. Where applicable, we explain the exception and its reason before the agreement is concluded.
A piece being handcrafted, unique or produced after ordering does not, by itself, remove the statutory right of withdrawal.
Changes to an agreed commission, including their effect on price and timing, require mutual agreement. Cancellation outside an applicable withdrawal right is governed by the agreement and applicable law. These terms do not impose an automatic obligation to pay the full purchase price whenever an order is cancelled.
09 QUALITY AND STATUTORY RIGHTS
You are entitled to a piece that conforms to the agreement and provides the quality, safety and durability reasonably expected in light of its description, price, materials and intended purpose.
The material characteristics described above are not a general exclusion of statutory guarantees. Where a concern arises, we consider the nature and cause of the issue, the information provided before purchase and the way the piece has been used.
To the extent permitted by law, the studio is not responsible for damage shown to result from inappropriate use, unsuitable conditions or failure to follow suitable care instructions. Applicable rules on evidence and the burden of proof remain unaffected.
Where a piece does not conform to the agreement, the remedies required by law apply. Depending on the circumstances, these may include repair, replacement, a price reduction or termination of the purchase. Statutory remedies are not conditional on paying for repairs or retaining original packaging.
10 ENQUIRIES AND COMPLAINTS
Please raise a concern within a reasonable period after discovering it, through info@caspersmits.com. For consumer purchases, notification within two months of discovery is in any event timely.
Include order details, a description and photographs where available. We aim to resolve concerns with care and respond within fourteen days. If assessment takes longer, we will explain when to expect a substantive response.
11 LIABILITY AND EVENTS BEYOND OUR CONTROL
The studio’s liability is governed by applicable law. These terms do not exclude or restrict liability where doing so is prohibited, including applicable liability for unsafe products or intentional or deliberately reckless conduct.
Where performance is affected by circumstances for which the studio cannot reasonably be held responsible, we will inform you and discuss appropriate next steps. This does not remove mandatory rights concerning delayed or unfulfilled orders.
The natural character of wood is not, by itself, a basis for refusing a claim.
12 INTELLECTUAL PROPERTY
Intellectual property rights in designs, drawings, photographs, text and other studio materials remain with their respective rights holders. Purchasing a piece does not itself transfer these rights.
Reproduction or commercial exploitation beyond what the law permits requires the relevant rights holder’s prior permission. Statutory exceptions and separately granted permissions remain unaffected.
13 GOVERNING LAW
Agreements are governed by Dutch law. Where applicable, this choice does not deprive consumers of mandatory protections available under the law of their habitual residence. Disputes may be brought before the courts competent under the applicable rules.
14 VERSIONS
The version made available before your agreement was concluded applies to that purchase or commission. Later amendments do not change existing agreements without a valid legal basis or further agreement.