Access to Art Agreement
1. Artwork Rent To Own.
Customer hereby agrees to rent from Company the artwork identified in the attached sales order/invoice which serves as Addendum A (the “Rented Artwork”), and as consideration therefore, Customer agrees to pay the rental fees in the amounts and within the time frames set forth on Addendum A. Customer and Company agree that this Agreement shall apply to all artwork Rented by Customer from Company and that Company may, from time to time, modify, supplement and amend Addendum A to reflect the rental or return of artwork by the Customer under this Agreement.
2. Maintenance and Alterations.
Customer shall keep the Rented Artwork in the same condition as originally conveyed by Company to Customer, in a safe environment, and shall only use the Artwork for its intended purpose, until the Rented Artwork is paid in full.
3. Returns, Terms and Termination of Agreement.
This Agreement shall continue in full force and effect until:
Customer has a 30-day window where the item outlined in the Financial Agreement may be returned for a full refund. Customer pays for return shipping and 10% restocking fee.
Termination can be completed at any time during the outlined rental terms. The Rented Artwork is then returned by Customer to the Company and all amounts due up to the termination month have been paid. Customer has 10 business days before next payment is due, to inform Company of its intent to terminate Agreement in writing, and return Rented Artwork in its original condition to Company. If the item shipped is not received prior to the next payment due date, Company will charge Customer’s credit card the next payment due as outlined in the Customer’s terms, for an additional month with NO prorated amount. Company does not issue prorated refunds or credits for any Rented Artwork past the 30-day window for return policy window.
The Rented Artwork is purchased by the Customer at the end of the leasing term plus any additional interest rate outlined in the Financial agreement established at sign-up.
4. Down Payment.
Customer’s credit card will be charged a non-refundable down payment in the amount of 30% of the purchase price before taking possession of the Rented Artwork. Down payment will be refunded in full, if the item is returned within 30 days of the original purchase date. Customer must keep a valid credit card on file during the term of the rental with Company. Customer’s credit card will not be charged purchase price unless Rented Artwork is damaged or lost.
During the term of this Agreement, customer shall be solely responsible for any loss or damage to the rented artwork. Customer hereby assumes and shall bear the entire risk of loss or theft, damage, destruction or other injury to the rented artwork from any and every cause whatsoever. No such loss or damage shall impair any obligation of the damage to or loss of the rented artwork (or any component thereof), customer shall pay the total of the unpaid rent payments for the entire agreement term plus the purchase price of the rented artwork prior to such loss or damage, in which case this agreement shall terminate except for any customer duties, as of the date such payment is received by company.
6. Required Credit Card Information and Terms.
A valid MasterCard, VISA, American Express or Discover credit card is required for the rent and other charges contemplated by this Agreement (including payment for the Rented Artwork in the event of loss or damage as provided in this Agreement). Customer hereby authorizes the Company to charge the credit card provided below to pay for the charges covered by this Agreement. Company reserves the right to charge Customer’s credit card for all other charges contemplated by this Agreement. Customer hereby certifies that the information provided below is true and correct as of the date given and will remain true and correct throughout the term of this Agreement. Customer agrees to promptly update credit card or personal information in the event it changes.
If the Customer defaults in any performance required herein for a period of 30 days, then (i) this Agreement may be terminated by the Company, (ii) the Company shall be entitled to pursue any other remedies available to it at law and in equity.
8. No Waiver.
Waiver of breach or failure to strictly enforce the terms of this Agreement shall not preclude a party from asserting a subsequent or continuing breach or from otherwise requiring strict conformance with the terms of this Agreement.
In the event legal action is necessary to enforce the payment terms of this Agreement, the Company shall be entitled to collect from the Customer any judgment or settlement sums due plus reasonable attorneys fees, court costs and other expenses incurred by the Company for such collection action and, in addition, the reasonable value of the expenses spent for such collection action.
THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY NATURE, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE SUITABILITY, DURABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, INFRINGEMENT, MERCHANTABILITY OR INTENDED USE. IN NO EVENT SHALL COMPANY BE LIABLE FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING LOSS OF PROFITS, RESULTING FROM ANY FAILURE OF THE PERFORMANCE BY COMPANY.
11. Entire Agreement.
This Agreement contains the entire understanding of the parties and shall be construed under and in accordance with the laws.
How long you have to return an item
If you are not 100% satisfied with your purchase, you can return the product and get a full refund or exchange the product for another one, be it similar or not. You can return a product for up to 30 days from the date you purchased it.
The cost of return shipping falls upon the consumer. The product needs to be wrapped and packaged to the same standard as you received it. We recommend you use the same packaging material that your product arrived in as we will not provide new boxes or packaging material.
If your product arrives and is damaged in any way, contact us immediately. It is best to take photos of the damage as well as the packaging in which it was shipped. We will make all efforts to remedy the situation if deemed that the product arrived damaged.
After your order is complete, we will provide you with a tracking number for you to track your purchase. If you do not receive your order, you will need to contact the delivery company personally.