ARTSICLE CUSTOMER RENTAL AGREEMENT
These rental terms and conditions (“Rental Terms”) supplement our Terms of Service and together, with such Terms of Service, constitute a legal agreement between you ("You" or "Your") and Artsicle, Inc., with corporate offices at 1140 Broadway, Suite 1503, New York, NY 10001 ("Artsicle," "we," "us," or "our"). These Rental Terms establishes the terms and conditions under which You may rent art (each a "Product") and receive related rental services from Artsicle via our website at www.artsicle.com.
These Rental Terms (together with the Terms of Service) contains all the terms and conditions governing Your rental of Products from Artsicle, but your use of our Site, other than rental orders, is set forth in our general Terms of Service.
To the extent that there is any conflict between these Rental Terms and the Terms of Service, the provision(s) in these Rental Terms will prevail, but solely to the extent such conflict exists. Capitalized terms not otherwise defined herein will have the meanings given them in the Terms of Service. Upon your rental of any Products, the rental services will become part of the definition of the “Services” in the Terms of Service, and these Rental Terms will become part of the definition of “Terms of Service” in the Terms of Service.
BEFORE YOU CLICK ON THE 'I ACCEPT' BUTTON, CAREFULLY READ THE TERMS AND CONDITIONS OF THESE RENTAL TERMS. BY CLICKING ON THE 'I ACCEPT' BUTTON OR ORDERING THE PRODUCTS, YOU ARE AGREEING TO BE BOUND BY AND ARE BECOMING A PARTY TO THESE RENTAL TERMS. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THESE RENTAL TERMS, DO NOT CLICK THE 'I ACCEPT' BUTTON AND YOU WILL NOT BE PERMITTED TO RENT THE PRODUCTS. WE RESERVE THE RIGHT TO CHANGE THE TERMS OF THESE RENTAL TERMS IN THE FUTURE AND ANY CHANGES WILL APPLY TO THE RENTAL OF ANY PRODUCTS AFTER THE DATE OF SUCH CHANGE. ANY CHANGES AFFECTING PRODUCTS CURRENTLY RENTED BY YOU WILL TAKE EFFECT THIRTY (30) DAYS AFTER WE PROVIDE YOU NOTICE OF SUCH CHANGE.
1. General; Rental Not Purchase; Adult Agreement Required.
You agree and acknowledge that You are renting the Products and that ownership of, and title to, the Products remains with either the artist or Artsicle, unless and until a purchase of the Product is completed. Our Products may only be rented to adults over eighteen (18) years old using a credit card or other approved payment method. We currently and generally limit the number of Products that can be rented by You in our sole discretion.
2. Rental Fees; Credit Card Authorizations.
The rental fee (“Rental Fee”) for a Product will be the rental fee, insurance charges (if applicable) and delivery charges listed on the Website in connection with Your rental of the Products. Upon Your order to rent a Product, You hereby authorize us to charge Your credit card for the Rental Fee at our convenience but within thirty (30) days of credit card authorization. In addition, at the time of Your rental order of a Product, You hereby authorize Artsicle to charge Your credit card for the then-current retail value of that Product set forth on the Website, plus sales taxes (“Retail Value”) at the time such amount may be owed. We will charge Your credit card in the circumstances set forth in Section 4 below. Rental Fees exclude all federal, state and local taxes, fees, customs, duties, levies and other governmental assessments, all of which shall be paid by You directly or, if paid by Artsicle, shall be remitted by You to Artsicle in connection with Your order for the rental. We reserve the right to increase the Rental Fee with thirty (30) days advance notice to you. We also reserve the right to collect deposits for certain Products in our sole discretion.
We will assume that You are enjoying a Product unless we hear otherwise from You, so You agree that we may automatically renew your rental on a month-to-month basis and automatically charge You the Rental Fees for such renewal using the credit card associated with Your rental at the renewal date each month.
3. Our Commitments to You.
- Delivery to You. We will deliver the Products You requested within 30 days of Your order, unless we informed You in connection with Your order that the specific Product was not available. Our liability to You for failure to do deliver the Product as ordered is limited to the timely delivery of Product as ordered or a refund of the Rental Fee or Purchase Price as determined by us. See Section 5(b) below.
- Color Reproduction. We make efforts to display our products and their colors as accurately as possible, but Products may appear different in color and texture than the photos displayed on our Website. The Products will be professionally evaluated in our sole discretion for any damage prior to delivery, which will be recorded by Artsicle.
- Returns. With delivery of the Product, we will provide contact information to be used to arrange for the return transportation of the Product. Either You or Artsicle can request that the Product be returned at any time by notifying the other party. The Product will be picked up, or return packaging will be provided, within 30 days of notification at no additional fee to You. You will be responsible for all Rental Fees accrued up until the date the Product is returned.
- Purchases: If You at any time decide to purchase a rented Product at the provided retail value, Artsicle will deliver a signed Certificate of Authenticity upon receipt of payment.
- Services. On our Website, we offer various Services to assist You in selecting a Product. Our Services are provided 'AS IS' without guarantee as to results.
- Right of First Refusal. In the event you are the current renter of a Product, and an offer to purchase such Product is made, we agree to use reasonable efforts to offer you the opportunity to purchase such Product at the offered price, under our standard terms and conditions. We will use reasonable efforts to hold this right of first refusal open for three (3) days if the artist of the Product so permits us, but we cannot guarantee that we can offer you this right. If you decline, or we cannot get in touch with you, you agree to make the Product available as soon as possible, and in all cases within fifteen (15) days. We will not be liable to you or any third party in the event we or a third party sells a Product currently in your possession and control.
4. Your Commitments to Us; Payment of Retail Value.
- Receipt of the Products. Upon delivery to you or to a common carrier, You bear responsibility for the Product(s), including risk of loss. You acknowledge that a Secure Shipping Address (defined herein) is highly recommended. A “Secure Shipping Address” is a location where an individual can physically receive Product(s). In the event that an unsecure shipping address is provided, Artsicle does not bear liability for Products left unattended. Furthermore, You acknowledge that providing anything other than a Secure Shipping Address may result in delivery delays and additional delivery fees for which you, and not Artsicle, will be responsible.
- Use of the Products. You agree to treat each Product with great care, as if it was borrowed from Your close friend (and if you do not care about your close friends, then your most obsessive aunt). Your insurance covers any Accidental Damage to the Product while it is in your possession or in transit. Examples of Accidental Damage include scratches, damage to frames, damage to hanging devices, small tears, and other incidents as determined by us in our sole discretion. Accidental Damage does not include theft, mysterious disappearance, or any alterations or modifications to a Product. If You return a Product that is different from the Product we provided you, other than for reasons of Accidental Damage, then You agree that we may charge You, and You will pay, the lesser of: (i) the price for repairing the Product, as determined in our discretion, or (ii) the Retail Value for the Product at the time such Product is returned.
- Continued Rental. You agree to continued payment of the Rental Fee on a monthly basis until Artsicle is notified of your Rental termination, and the Product is returned, or decision to purchase the Product. Upon notification of a Rental termination, You agree to return the Product to Artsicle within 15 days. Your Rental Fee will in no case extend less than 90 days.
- Collections. If You do not pay the amounts You owe to us when due, then we will need to institute collection procedures. You agree to pay our costs of collection, including without limitation reasonable attorneys’ fees. Any amounts not paid when due shall bear interest at the rate of one and one half percent (1.5%) per month, or the maximum legal rate, if less.
- Removal. We reserve the right to terminate your right to rent Products from us at any time in the event of Your breach of these Rental Terms or for no reason or any other reason in our discretion. Without limiting our other rights under these Rental Terms, upon termination of these Rental Terms, we may re-enter and take possession of the Products wherever situated if such Products are not returned to us in the permitted period of time, without any court order or other process of law and without liability for entering the premises.
5. Details on Our Commitment to You.
- Limited Warranty. We use reasonable efforts to ensure that the Products are the original work of the stated artist. The foregoing warranty applies only to You, may be acted upon only by You, and may not be assigned, sold or transferred to any third party. No other warranties are granted other in these Rental Terms. Our warranty herein shall not apply to any matters arising from violation of Your commitments set forth in Section 4 of these Rental Terms.
- Remedies. Your sole and exclusive remedy and Artsicle’s sole and exclusive liability for a breach of Artsicle’s limited warranty shall be, at Artsicle’s option, for Artsicle to use commercially reasonable efforts to replace the non-conforming Product in a timely manner or a refund of Your Rental Fee (excluding insurance fees, if applicable, and delivery charges).
- Disclaimers. THIS LIMITED WARRANTY IS IN LIEU OF ANY OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, WRITTEN OR ORAL (INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT) WITH RESPECT TO THE PRODUCTS, THE SERVICES RELATED THERETO OR THE USE OR RESULTS OF THE PRODUCTS OR SERVICES.
6. Limitation of Liability.
YOU ASSUME SOLE AND EXCLUSIVE RESPONSIBILITY AND LIABILITY FOR ANY CLAIMS AGAINST YOU AND/OR DAMAGES ARISING FROM USE OF THE PRODUCTS DURING YOUR RENTAL PERIOD.