MIEKWOOD

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GENERAL TERMS AND CONDITIONS & PRIVACY POLICY – MIEKWOOD

 

 

PART I: GENERAL TERMS AND CONDITIONS – MIEKWOOD

 

Article 1: Applicability and Definitions

• Miekwood: The company Miekwood, located in Roosendaal, the Netherlands, registered in the Commercial Register of the Dutch Chamber of Commerce under number 94000379.

• Customer: Any natural person (consumer) or legal entity (business) that enters into an Agreement with Miekwood, or participates in a course or workshop.

• Agreement: Any arrangement between Miekwood and the Customer for the delivery of products (artworks, sculptures, urns) and/or the provision of courses/workshops.

• Applicability: These General Terms and Conditions apply to all offers, quotes, Agreements, and deliveries by Miekwood, regardless of the sales channel (such as direct contact via email, telephone, art exhibitions, trade fairs, or direct sales on-site).

• Deviations: Deviations from these terms and conditions are only binding if they have been expressly confirmed by Miekwood in writing.

 

 

Article 2: Offers, Formation, and Payment

• Non-binding nature: All offers, price indications, and proposals by Miekwood are revocable and solely valid for the period stated therein. If no period is specified, a validity of 14 days applies.

• Formation: An Agreement is formed at the moment the Customer agrees to an offer or price quote in writing (via email), or in the case of direct sales and invoicing at an exhibition, trade fair, or on-site.

• Down payment: For objects in the higher price segment, Miekwood is entitled to require an advance down payment of at least 50% of the total principal amount. The execution of the Agreement (such as preparing for delivery or reservation) will only commence upon receipt of this down payment.

• Payment term: Unless otherwise agreed in writing, invoices must be paid within 14 days of the invoice date via bank transfer or an international payment method approved by Miekwood.

• Direct sales: In the case of direct sales at exhibitions, trade fairs, or on-site, the full payment must be settled immediately on the spot (via debit card, mobile payment link, credit card, or cash) prior to the physical transfer of the object.

• Retention of title: All delivered artworks and urns remain the exclusive property of Miekwood until the Customer has fulfilled all payment obligations under the Agreement. The Customer is not permitted to encumber, sell, or alienate the object prior to full payment.

 

 

Article 3: Unique and Fragile Character of Natural Products (Wood)

• Nature of the product: The objects crafted by Miekwood are unique, already completed pieces of art and urns, handmade from natural materials. Color differences, knots, texture variations, and shape deviations are inherent to wood as a material and contribute to its artistic character. This can never be classified as a defect or non-conformity.

• Fragility: The Customer is explicitly aware that wood is a living, hygroscopic, and fragile natural product. It permanently responds to fluctuations in ambient temperature and relative humidity.

• Exclusion of warranty on natural movement: The moving, shrinking, expanding, warping, (hairline) cracking, splintering, or discoloring of the wood as a result of natural properties or environmental factors (such as dryness, moisture, direct sunlight, or heating) falls entirely outside the warranty and liability of Miekwood. Miekwood provides no warranty for damage or defects that arise after delivery due to the fragility of the material or external influences.

• Customer's duty of care: The Customer is responsible for maintaining a stable indoor climate (a constant relative humidity between 50% and 60% is required). This also applies to strictly following the maintenance and cleaning instructions provided by Miekwood.

• Cleaning and maintenance instructions: To safeguard the quality and aesthetic character of the artworks and urns, the Customer must strictly adhere to the following cleaning regulations. Damage caused by non-compliance with these instructions immediately voids the warranty and any form of liability:

  • Dusting: The object may only be dusted dry using a soft, clean microfiber cloth or a soft feather duster to prevent micro-scratches on the wood or epoxy.

  • Exclusion of liquids: The object must never be wiped wet, submerged in water, or come into prolonged contact with moisture.

  • Exclusion of chemicals: The use of aggressive cleaning agents, abrasive cleaners, furniture polishes, glass cleaners, alcohol, acetone, or other chemical solvents is strictly prohibited. These substances can permanently damage the wood finish and dull or chemically harm the epoxy resin.

  • Placement: Objects must at all times be placed out of reach of direct sunlight, heat sources (such as radiators or fireplaces), and mechanical airflows (such as air conditioning systems or dehumidifiers).

 

 

Article 4: Exclusion of Warranty on Epoxy (Resin)

• Wear and scratches: Epoxy resin is a high-quality synthetic material, but remains susceptible to scratches. Superficial scratches, matting, or loss of gloss due to daily use, relocation, or touch belong to the normal product characteristics and wear of the material. This never constitutes a ground for complaints, repair, or warranty.

• Heat sensitivity: Epoxy is a thermoplastic material and has limited heat resistance. Damage, deformation, indentations, or discoloration due to direct or indirect contact with warm objects, or due to placement near heat sources (such as a fireplace, stove, or radiator) falls entirely outside the warranty and responsibility of Miekwood.

• UV radiation and discoloration: Miekwood uses high-quality UV stabilizers in the production process to delay discoloration. Nevertheless, it is a chemical property of epoxy resin that it may lightly discolor or yellow over time under the influence of (direct or indirect) sunlight, daylight, or UV radiation. This natural process is technically unavoidable and is expressly excluded from any form of warranty.

• Artisanal characteristics: The incidental occurrence of microscopic air bubbles, minimal dust particles, or slight unevenness in or on the epoxy resin is technically unavoidable in the manual casting of artworks. The Customer purchases the object in the condition it is in; these characteristics are expressly accepted by the Customer as part of the artistic, artisanal, and unique production process.

 

 

Article 5: Intellectual Property and Copyrights

• Miekwood's rights: All intellectual property rights, including but not limited to the copyright on designs, sketches, sculptures, urns, and artworks, rest and remain exclusively with Miekwood at all times.

• Prohibition of exploitation: The purchase of an artwork or object does not transfer any intellectual property rights. The Customer and third parties are expressly prohibited from copying, reproducing, imitating, modifying, or commercially exploiting Miekwood's designs or objects, in whole or in part, without the prior, express, and written consent of Miekwood.

 

Article 5b: Right of Withdrawal (Cooling-off Period for Distance Sales)

• Cooling-off period for sales via mail or telephone: If the Agreement has been concluded exclusively via email or telephone (distance sale), only a Customer who qualifies as a consumer and is established or residing within the European Union (EU) or European Economic Area (EEA) has the statutory right to dissolve the purchase without giving reasons for 14 days from the day of receipt of the object. For consumers outside the EU/EEA (including the USA and Canada) and for all business Customers, any sale via email or telephone is immediately final and withdrawal is excluded.

• Exclusion for physical sales: This right of withdrawal expressly does not apply if the Customer (regardless of residence) has physically viewed, purchased, and/or directly taken the object at an art exhibition, trade fair, market, or at the location of Miekwood. These sales are immediately final.

• Strict condition of the object: During the cooling-off period, the Customer will handle the unique and fragile artwork with the utmost care. The object may only be unpacked to the extent necessary to assess its nature and characteristics. If the object is damaged, scratched, or diminished in value in any way due to the actions of the Customer or due to improper storage, the Customer is liable for this reduction in value. This reduction in value can amount to up to 100% of the purchase price.

• Return costs and insurance: The costs and the full risk for the return shipment are completely borne by the Customer in accordance with Article 6. The Customer is obliged to insure the return shipment for its full economic value through a specialized carrier.

 

 

Article 6: Transport, Transfer of Risk, and Strict Return Conditions

• Self-collection: In the case of direct sales at exhibitions or locations where the Customer takes the object themselves, the risk of loss, theft, or damage transfers to the Customer at the moment of physical handover. The Customer is solely responsible for proper transport and packaging materials.

• Insured transport: If shipping or delivery is agreed upon, this will be carried out exclusively via specialized or insured transport due to the exclusivity and fragility of the objects. The costs for this are entirely borne by the Customer. The risk of transport transfers to a consumer Customer at the moment of delivery to the specified address. For a business Customer, the risk transfers as soon as the object is handed over to the carrier.

• Duty to inspect and damage reporting: The Customer is obliged to thoroughly inspect the delivered object immediately upon delivery for any visible defects or transport damage.

  • Transport damage must be reported by a business Customer to Miekwood in writing (via email) and accompanied by clear photos within 48 hours of delivery.

  • Transport damage must be reported by a consumer Customer to Miekwood in writing (via email) and accompanied by clear photos as soon as possible, but no later than 7 days after delivery.

  • After these periods have expired, any right to claim or compensation due to transport damage is forfeited.

• Returns and Costs: If an object is returned (whether or not based on the right of withdrawal from Article 5b), this return shipment is entirely at the expense and risk of the Customer.

• Duty of care for returns: The Customer is obliged to apply the exact same care, high-quality protection, and packaging materials for a return shipment as used for the outward shipment. Furthermore, the Customer is required to insure the return shipment for its full economic value through a specialized carrier. Any damage or reduction in value arising during the return transport is entirely at the expense of the Customer and will be deducted from any refund.

 

 

Article 7: International Transactions, Taxes, and Customs

• Import duties and taxes: For deliveries outside the European Union (including the USA and Canada), the Customer is the 'Importer of Record'. The Customer is fully and exclusively responsible for the correct declaration and payment of all local taxes (such as US State Sales Tax, Canadian GST/HST), customs duties, import levies, and any customs clearance fees. These costs are never included in Miekwood's price and must be paid directly to the relevant authorities or carrier.

• Customs delays and refusal: Miekwood is never liable for damage or exceeding the delivery term as a result of delays occurring during customs procedures in the country of destination. If an object is detained or refused by customs, or not collected by the Customer due to outstanding import costs or failure to comply with customs requirements, all resulting (return) costs and risks are entirely at the expense of the Customer.

• Governing language: These General Terms and Conditions are drawn up in the Dutch language. If a translation of these terms and conditions or the Agreement is provided (such as this English version), the Dutch text shall at all times be leading, binding, and decisive in the event of differences in interpretation, ambiguities, or legal disputes.

 

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Article 8: Courses, Admission Requirements, and Workshop Safety

• Final registration: An application for a course or workshop via the application form or email is only final once Miekwood has sent a written confirmation of the booking (via email) and the corresponding invoice has been paid in full. The course fee must be credited to Miekwood's bank account at all times prior to the first day of the course.

• Mandatory Experience Requirement: Given the level, danger, and complexity of the work, the participant must possess demonstrable, up-to-date experience with woodturning and the independent and safe use of a lathe, chisels, and all related tools at the start of the course.

• Right to Exception: Miekwood expressly reserves the exclusive right at all times to make an exception to this experience requirement at its own discretion (for example, after a prior individual assessment, intake, or personal consultation).

• Cancellation policy Customer:

  • Cancellation up to 30 days before commencement: 100% refund of the course fee.

  • Cancellation between 30 and 14 days before commencement: 50% refund of the course fee.

  • Cancellation within 14 days before commencement or in the event of premature termination: No right to a refund. However, in this case, the participant is entitled to register a replacement participant, provided that this replacement demonstrably meets the experience requirement from paragraph 2 in advance and this has been approved by Miekwood in writing.

• Cancellation by Miekwood: Miekwood reserves the right to cancel or reschedule a course in the event of force majeure (such as illness or technical failures) or insufficient registrations. Miekwood will offer the Customer a suitable alternative or fully refund the course fee already paid. Miekwood is never liable for any indirect costs incurred by the participant (such as travel or accommodation expenses).

• Assumption of Risk and WAIVER OF LIABILITY: Entering the workshop and participating in the course is entirely at the participant's own risk. THE PARTICIPANT HEREBY EXPRESSLY WAIVES THE RIGHT TO HOLD MIEKWOOD LIABLE FOR PERSONAL INJURY, PROPERTY DAMAGE, OR DEATH INCURRED OR SUSTAINED DURING THE COURSE OR STAY IN THE WORKSHOP. The participant bears full, personal responsibility for the use and handling of all machines, equipment, and (hand) tools in the workshop, regardless of whether they are owned by Miekwood or third parties.

• Safety instructions and protection: The participant is obliged to strictly and immediately follow all safety instructions, workshop house rules, and directions from Miekwood. Wearing the personal protective equipment prescribed by Miekwood (such as safety glasses, hearing protection, dust masks, and proper protective footwear) is mandatory at all times.

• Liability for property damage: If a participant causes damage to machines, tools, materials, or the workshop of Miekwood (or third parties) through intentional or conscious disregard of safety regulations, instructions, or house rules, the participant is fully liable for the repair or replacement costs.

• Exclusion of access: Miekwood reserves the right to deny participants who do not appear to meet the experience requirement (and for whom no exception has been made), ignore safety regulations, or exhibit irresponsible behavior, immediate access to the workshop and further participation in the course. In this case, the participant has no right to any refund of the course fee.

 

 

Article 9: Limitation of Liability

• Limitation to direct damage: The total liability of Miekwood due to an attributable failure to perform the Agreement, or due to a tortious act, is at all times limited to the compensation of direct damage and up to a maximum of the amount that the Customer has paid to Miekwood under the specific Agreement (the purchase or the course).

• Exclusion of indirect damage: IN NO EVENT SHALL MIEKWOOD BE LIABLE FOR INDIRECT DAMAGE, CONSEQUENTIAL DAMAGE, LOSS OF PROFITS, LOST SAVINGS, EMOTIONAL DAMAGE (SUCH AS DAMAGE TO AN URN), OR DAMAGE TO THIRD PARTIES.

• Product-related damage: Miekwood is not liable for damage, defects, or reduction in value to objects that arise after the physical transfer or delivery, as a result of the natural movement and fragility of wood and/or the properties of epoxy resin, as described in Article 3 and Article 4.

• Workshop risk and personal injury: Entering the workshop and participating in a course is entirely at the participant's own risk (in accordance with Article 8). Miekwood excludes, to the extent permitted by law, any liability for personal injury, material damage, theft, or loss of personal belongings of the participant or third parties.

• Statutory limit of liability: The limitations of liability included in these General Terms and Conditions do not apply if and to the extent that the damage is the direct result of intent or willful recklessness by Miekwood.

 

 

Article 10: Governing Law and Dispute Resolution

• Dutch law: All offers, Agreements, deliveries, and legal relationships between Miekwood and the Customer are exclusively governed by Dutch law. This also applies if an Agreement is executed in whole or in part abroad or if the Customer is established or residing outside the Netherlands (such as in the USA or Canada).

• Exclusion of the Vienna Sales Convention: The applicability of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is expressly and entirely excluded.

• Amicable consultation: In the event of disagreement or a dispute, Miekwood and the Customer shall at all times first attempt to resolve the dispute in mutual, amicable consultation before taking legal steps.

• Competent court and JURY TRIAL WAIVER: All disputes arising out of or in connection with the Agreement, offers, or courses shall in the first instance be submitted exclusively to the competent judge of the Zeeland-West-Brabant District Court, location Breda / region Roosendaal, the Netherlands. MIEKWOOD AND THE CUSTOMER HEREBY IRREVOCABLY WAIVE ANY RIGHT TO A JURY TRIAL IN THE EVENT OF AN INTERNATIONAL DISPUTE.

• Statutory exception for consumers: If the Customer is a consumer (within or outside the Netherlands), they have the right, in accordance with mandatory consumer protection law, to choose for the settlement of the dispute by the legally competent court in their own place of residence within one month after Miekwood has invoked the previous paragraph (competent court) in writing.

 

 

 

PART II: PRIVACY POLICY – MIEKWOOD

 

Miekwood respects your privacy and ensures that the personal information you provide to us is treated confidentially and with care. In this privacy policy, we explain what personal data we collect, why we do so, the legal bases for processing, and what your rights are, in accordance with the GDPR and applicable international privacy laws (including those in the USA and Canada).

 

1. Who is responsible for your data?

Miekwood, located in Roosendaal (the Netherlands) and reachable via the contact details on miekwood.com, is the data controller responsible for the processing of personal data as set forth in this privacy policy.

 

2. What personal data do we process?

Miekwood processes your personal data because you use our services and/or because you provide this data to us yourself. We collect data through the following channels:

• Contact and registration forms on the website: Name, email address, telephone number, and any information you enter into the message field.

• Direct email and telephone: Any data you share with us in the context of an inquiry, purchase, quote request, or course registration.

• Personal contact at art exhibitions, trade fairs, or on-site: Name, email address, telephone number, and/or address details provided to us (for example, on a physical sign-up sheet or during the direct purchase of an artwork or urn).

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3. Why and on what legal basis do we process your data?

Miekwood processes your personal data exclusively for the following purposes and based on the stated legal grounds:

• Performance of a contract: To deliver and invoice your purchased artwork or urn, or to process and execute your application and registration for a course.

• Customer contact and legitimate interest: To contact you by telephone or email if necessary to perform our services, coordinate workshop schedules, or answer your general inquiries.

• Legal obligation: Miekwood also processes personal data if we are legally required to do so, such as data necessary for our accounting and tax returns.

 

4. How long do we retain your data?

Miekwood does not store your personal data longer than strictly necessary to achieve the purposes for which your data is collected:

• Customer and invoice data: We retain legally required administrative and tax data (including invoices and quotes containing name, address, and order details) for 7 years, in accordance with the fiscal retention obligations of the Dutch Tax Authorities.

• General inquiries via email or website: If no agreement is concluded, your contact details and correspondence will be permanently deleted within 1 year after the last contact.

 

5. Sharing Personal Data with Third Parties and Cross-Border Transfers

• No sale of data: Miekwood never sells, rents, or trades your personal data to third parties (including under the US State Privacy Laws / CCPA).

• Necessary partners: We only provide your data to external parties if strictly necessary for the performance of our agreement with you or to comply with a legal obligation. This includes our bank/payment provider, accountant/bookkeeper, and the specialized or insured carrier.

• International transfers (USA/Canada): If you are located outside the European Union, you expressly consent to your data being transferred to and stored on servers in the Netherlands (Europe), where Miekwood is established.

 

6. Children's Privacy (COPPA)

Our services and website are not directed to individuals under the age of 16. We do not knowingly collect personal data from children or minors without parental or guardian consent.

 

7. Security of your data

Miekwood takes the protection of your data very seriously and implements appropriate technical and organizational measures to prevent misuse, loss, unauthorized access, unwanted disclosure, and unauthorized alteration. Our website miekwood.com uses a reliable SSL certificate to ensure that your personal data is transmitted securely via our forms.

 

8. Your Rights (Including EU/US/Canada Rights)

You have the legal right to access, correct, or delete your personal data. Additionally, you have the right to withdraw your consent to data processing or object to the processing.

• Submitting a request: You can send a request via the email address listed on our website. To ensure the request is made by you, we may ask for additional verification. Miekwood will respond as soon as possible, but no later than within four weeks.

• Right to lodge a complaint: You have the right to lodge a complaint with your local privacy authority or the Dutch Data Protection Authority (www.autoriteitpersoonsgegevens.nl).

 

 

MIEKWOOD

Spoorstraat 7, Unit 6 (Visitors only on appointments)

4702VV, Roosendaal

The Netherlands

 

KvK: 94000379

BTW-ID: NL003942471B46

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