Terms of service
Last updated: September 2026
These Terms of Service apply to all purchases made through TomSmitMetalWorks. By placing an order through our website, you agree to these terms. Nothing in these Terms limits any mandatory consumer rights that apply under applicable law.
1. About TomSmitMetalWorks
TomSmitMetalWorks creates and sells individually handcrafted steel sculptures made in the Netherlands.
Business name: Handelsonderneming T. Smit
Trading name: TomSmitMetalWorks
Country: The Netherlands
Email: Tomsmitmetalworks@outlook.com
Business address: Fluitenbergseweg 33, 7931 TA
Chamber of Commerce (KvK): 80020453
VAT number: NL003388307B73
2. Handmade Products
Our sculptures are individually handcrafted rather than mass-produced.
Because of the handmade nature of our work, small variations may occur in dimensions, welding, surface texture, colour and finish. These variations are part of the individual character of each sculpture and mean that no two pieces are exactly alike.
Product photographs are intended to represent the artwork as accurately as possible. However, colours may appear slightly different depending on lighting, photography and screen settings.
3. Natural Rust Patina
Our rust-finished sculptures are made from steel and, unless specifically stated otherwise, are not made from Corten steel.
The rust patina is part of the intended finish of the artwork. Its colour and texture may vary between sculptures and may continue to change when the sculpture is exposed to weather and moisture.
Natural rust may transfer or leave marks on sensitive surfaces, including paving, concrete, tiles and natural stone. Customers should take this into account when choosing where to display a sculpture.
Changes to the rust patina that are consistent with the nature of the material and finish are not in themselves considered defects.
4. Prices and Payment
All prices displayed on our website are shown in the currency indicated at checkout and include VAT where applicable, unless stated otherwise.
Payment must be completed using one of the payment methods available during checkout.
An order is considered accepted once we have confirmed the order. We reserve the right to cancel or refuse an order where reasonably necessary, for example in the event of an obvious pricing error, suspected fraud or inability to supply the product. Any payment already received for a cancelled order will be refunded.
5. Shipping and Delivery
We currently offer free standard shipping within Europe to the destinations shown as available during checkout.
Orders are carefully packaged to protect the sculpture during transportation.
Any stated delivery dates or timeframes are estimates unless expressly agreed otherwise. Mandatory consumer-law delivery rights remain unaffected.
Customers are responsible for providing a complete and accurate delivery address.
6. Damaged or Incorrect Orders
Please inspect your order after delivery.
If your sculpture arrives damaged, defective or you receive the wrong item, please contact us as soon as reasonably possible and include photographs of the product and packaging where appropriate.
Where we are legally responsible for the problem, we will provide an appropriate solution in accordance with applicable consumer law.
7. Returns and Right of Withdrawal
Where the statutory EU/EEA right of withdrawal applies, consumers generally have 14 days after receiving their order to notify us that they wish to withdraw from the purchase.
After notifying us, the product must be returned within the applicable statutory period.
Unless otherwise required by law or the product is defective or incorrect, the customer is responsible for the direct cost of returning the product.
The customer may be responsible for any reduction in value resulting from handling beyond what is necessary to establish the nature, characteristics and functioning of the product.
Further information can be found in our Return & Refund Policy.
8. Custom-Made and Personalised Sculptures
For sculptures made to a customer's individual specifications or clearly personalised for that customer, the statutory right of withdrawal may not apply where permitted by applicable law.
Where applicable, this will be made clear before the order is placed.
This does not affect statutory rights relating to defective, damaged or incorrectly supplied products.
9. Product Care and Outdoor Use
Steel sculptures intended for outdoor display will naturally be exposed to changing weather conditions.
The appearance of the rust patina can therefore continue to evolve over time. Variations in colour, texture and surface appearance are inherent characteristics of this type of finish.
Customers are responsible for choosing an appropriate and stable location for installation or display.
10. Intellectual Property
All photographs, sculpture designs, product descriptions, branding, logos and other original content appearing on the TomSmitMetalWorks website are protected by applicable intellectual-property laws.
They may not be copied, reproduced, commercially exploited or distributed without prior permission, except where permitted by law.
Purchasing a sculpture does not transfer any intellectual-property rights in the design of the artwork.
11. Liability
Nothing in these Terms excludes or limits liability where doing so would be prohibited by applicable law.
To the extent permitted by law, TomSmitMetalWorks is not responsible for damage resulting from improper installation, unsuitable placement, misuse or failure to take reasonable account of the characteristics of natural rust and steel.
Mandatory statutory consumer rights remain unaffected.
12. Website Information
We make reasonable efforts to ensure that product information, photographs, prices and availability on our website are accurate.
Occasional errors may nevertheless occur. Where an obvious error affects an order, we will contact the customer and handle the matter in accordance with applicable law.
13. Privacy
Personal information is processed in accordance with our Privacy Policy and applicable data-protection legislation.
14. Governing Law
These Terms are governed by Dutch law.
If you are a consumer residing in another EU/EEA country, this choice of law does not deprive you of mandatory consumer protections provided by the laws that would otherwise apply to you.
Disputes may be brought before a competent court in accordance with applicable law.
15. Changes to These Terms
We may update these Terms of Service from time to time. The version applicable to an order is the version in effect when that order is placed.
16. Contact
For questions regarding these Terms or an order, please contact:
TomSmitMetalWorks
Handelsonderneming T. Smit
Fluitenbergseweg 33, 7931 TA
The Netherlands
Email: Tomsmitmetalworks@outlook.com
KvK: 80020453
VAT: NL003388307B73