RENTING ART: TERMS AND CONDITIONS
Choosing the right artwork for your space is rarely an easy decision. Are you sure you love it? Are you sure if the color is right or if the art piece even fits where you imagined it to? Art rentals allow you to explore whether the piece you fell in love with is the right one for you.
What if it is? Amazing! A portion of the rental fee you have paid up until that point will be credited towards the full purchase of your artwork.
What if it’s not? No problem. You can always return the art piece at the end of the rental term. Plus, it will give you the opportunity to explore more artworks that might better suit your taste.
Agreement:
This Agreement contains all the terms and conditions governing your rental of artworks from Victory Art. You agree that your general use of our Site, other than with respect to the rental of Artworks as set forth in this Agreement, is subject in all respects to our Terms of Service, refer to Terms of Service on our site, (the “Terms”) and Privacy Policy, refer to Privacy Policy on our site, (the “Privacy Policy”), as such terms may change from time to time. To the extent that there is any conflict between this Rental Agreement and the Terms, the provision(s) in this Rental Agreement will prevail, but solely with respect to the rental of Artworks.
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- Ownership of the art piece during the rental period: The client agrees and acknowledges that the ownership of the art piece always remains with the artist during the rental period. The ownership rights can only be transferred to the renter only after the purchase has been made and full payment of the art piece has been received by Victory Art and consequently, the artist. Consequently, if the artwork sells via Victory Art or elsewhere during this rental period, the renting clients are offered the right of first refusal to purchase the work. If the client does decide to purchase the artwork, a signed Certificate of Authenticity will be provided.
- Rental Fee: A rental fee will be charged per month during the rental period. This rental fee is separate from the shipping costs which will vary according to the size, weight and destination. The rental fee will be set as a percentage of the full price of the art piece and will vary from art piece to art piece. Additionally, the client authorizes Victory Art to charge your credit card on a monthly basis during the entire duration of the rental period.
- Minimum Rental Period: The minimum rental period is set at two months. The client agrees that after the initial two month period, Victory Art automatically renews the rental fees.
- Viability of artworks for rental services: Only art pieces valued over 300 (excluding shipping costs) are available for rent. Additionally, given the physical dimensions, fragility, and other miscellaneous limitations some art pieces may not be available for rent. It is always recommended to consult Victory Art for the viability. In the case, that the chosen art piece cannot be rented out, Victory Art will help the client choose another artwork that may be similarly suited to their taste.
- Shipping costs: The art piece will be shipped directly from the artist to the client with 30 days of your order. The artworks are always shipped with insurance, however, it is the responsibility of the client to check the condition of the artwork upon arrival as well as timely information if they observe any damages.
- Collection fees: If the client does not pay the amounts owed to Victory Art and the artist during the rental period, Victory Art will have to institute collection procedures. The client agrees to pay the cost of the collection, including without limitation reasonable attorney’s fees. Any amount not paid when due will bear interest of the maximum rate permitted by the law.
- Care of the: The artwork will be under the care of the client. If the artwork is damaged during the rental period, the client is required to inform Victory Art and is liable to the pay the full retail price of the artwork as stated on the website. If this payment is not made on time, then Victory Art can and will institute collection procedures.
- No Waiver: If any part of the rental terms is held invalid, illegal or unenforceable, such part will be construed consistent with applicable law. The remaining provisions of the rental agreement will remain in full force.
- Termination of Agreement: Victory Art has the right to terminate the rental agreement if the terms are violated. Upon termination, the artwork will immediately be returned to the artist and the client will pay the shipping costs.
- Force Majeure: Victory Art shall not be liable for failure to perform any of its obligations hereunder by reasons that are beyond its reasonable control, including, without limitation, fire, earthquake, interruptions in supply, other natural disasters, war, embargo, riot or acts of terrorism.
