ART RENTAL – Terms and conditions
1. User Acceptance
This document (the “Rental Agreement” or “Agreement”) contains important legal terms relating to the rental of artwork (“Art”, “Artwork” or “Goods”) from The Town & Country Gallery Limited, trading as Gallery MURO. Together with the Terms & Conditions (“Terms”), which can be found at www.murofineart.com/terms,the Rental Agreement constitutes a legal agreement between you (“You”, “Your” or “Renter”) and Gallery MURO (“we”, “us” or “our”).
To the extent to which there is any conflict between this Agreement and the Terms & Conditions on our Website, this Agreement shall prevail, but only to the extent of any conflict. Capitalized terms not otherwise defined herein will have the meanings given them in the Terms and Conditions.
This Customer Rental Agreement and any matter arising out of the subject matter of this Customer Rental Agreement shall be governed by English law and you agree to submit to the non-exclusive jurisdiction of the courts of England and Wales.
- “Order” means Your request to Rent Artwork from us.
- “Goods” or “Products” means the goods or services which we sell in accordance with the Terms and Conditions on our Website
- “Receipt” means the date when the Order has been delivered to You
- “Price” means the date when the Order has been delivered to You
- “Special Conditions” any conditions in relation to orders set out and designated as such in the Order Confirmation
- “Rental Period” is a specified term beginning one business day following initial dispatch of Goods or the day after the last day of the previous rental period
- “Rental Fee” is the cost of the rental service as provided to You by us in writing with appropriate notice as stipulated below“Secure Delivery Address” means an address where You or Your agent will be physically available at the time of delivery of Your rental Order to take possession of the Goods
3. Our Service - Rental of Artwork
In accepting this Rental Agreement, you agree and acknowledge that Gallery MURO is renting Goods to you, and that no transfer of title or ownership of the Goods is taking place as a result of this agreement. Throughout the duration of this Agreement, title to and ownership of the Goods will remain with Gallery MURO or the artist responsible for creating the Artwork. Should you elect to purchase the Goods supplied by Gallery MURO, at such a time, this Agreement will be terminated and the purchase will be governed by the Terms and Conditions of the Website, and as detailed below.
4. Fees and Payment Authorisation
By placing an Order to rent Art You agree that the Rental Fee and any delivery fees may be charged to your credit card or other payment facility on a recurring basis at the time of your Order AND at the beginning of each Rental Period after the first until termination of this Rental Agreement. Gallery MURO reserves the right to amend the Rental Fee at any time after providing You with 30 days advance notice of such a change. Furthermore, you authorise Gallery MURO to charge Your credit card or other payment facility for any of the following additional payments:
- Any costs of loss or damage resulting from a failure by the Renter to comply with or breach of this Agreement;
- Any costs accruing to Gallery MURO, including, but not limited to, reasonable legal fees and any debt recovery or court fees incurred in collecting payments overdue from a Renter;
- Any Value Added Tax and all other taxes and levies on any of the charges listed in this Agreement, as applicable from time to time; and
- Any other money due to Gallery MURO by You under this Agreement.
5. Your Warranties and Obligations
- Adult Agreement: You affirm that you are an adult of legal age of at least 18 years and able to enter into this Rental Agreement.
- Availability: You recognise that all Goods are offered for rental & sale subject to availability and subject to Gallery MURO’s acceptance of Your order. Gallery MURO reserves the right to reject any order without the obligation to assign any reason for so doing. No order shall be deemed accepted by Gallery MURO unless and until it is confirmed unconditionally by Us at the time that the order is dispatched to you.
- Secure Delivery Address: You agree to provide a Secure Delivery Address at the time of Your rental Order. If you are unable to accept delivery of the Goods Yourself, then You agree to provide Gallery MURO with a Secure Delivery Address where a trusted agent can accept delivery of the Goods and attend to them until You are personally able to collect the Goods. In the event that an unsecure delivery address is provided by You, Gallery MURO does not bear liability for Products left unattended. Furthermore, You acknowledge that providing anything other than a Secure Delivery Address may result in delivery delays and additional delivery fees for which you, and not Gallery MURO, will be responsible. Failure to provide a Secure Delivery Address will also prohibit You from claiming any reduction in liability.
- Use of Goods: You agree to assume sole responsibility for any loss, damage to, or destruction of the Artwork, accidental or otherwise, from the time of initial delivery to You or Your agent or to a common carrier until the Goods are returned and received by Gallery MURO. You agree to take great care of Your rental Goods throughout the time they are in your possession as if they belonged to a good friend. You are responsible for loss, destruction or damage to the Products for any reason, including due to theft, mysterious disappearance, fire, water damage, other than normal wear (e.g., minor scratches, small marks, damage to frames, damage to hanging devices or other minor damage, as determined by Us in our sole discretion). You may not make any alterations or modifications to the Goods. If You return Goods that are different from those Gallery MURO provided to You, other than for reasons of normal wear and tear, then You agree that we may charge You, and You will pay, the lesser of: (i) the price for repairing the Goods, as determined in our discretion, or (ii) the Retail Value for the Goods at the time said Goods are returned.
- Rental Fees: You authorise Gallery MURO to charge You a periodic rental fee until such time that You notify us via email to firstname.lastname@example.org of Your desire to terminate this Rental Agreement. Your first payment will occur at the time Your Order is placed, with the first Rental Period beginning 1 business day after Your Order has been dispatched. Each Rental Period will last for a period specified on the Rental Agreement, with recurring rental fee charged to You at the beginning of each new rental period.
- Termination of Rental: Unless You purchase the rental Goods, You agree to return the Goods to Gallery MURO within 10 business days following the termination date of this Agreement. Failure to return the Goods within the stated timeframe will result in additional charges of periodic rental fees until such a time as the Goods are received by us.
- Returns: Regular returns occur at no cost to You, and Gallery MURO will schedule your return and provide you with a shipping label when you request an exchange of Goods or termination of your Rental Agreement. You agree to return the Artwork using the packaging materials provided by Gallery MURO at the time of initial delivery and incidentals (e.g. Packaging tape) as instructed by Us. Gallery MURO reserves the right to charge for replacement packaging and the cost of delivering said replacement.
- Payment of Retail Value: You further authorise Gallery MURO to charge You for any repair or replacement costs due to any loss, damage to, or destruction of the Artwork, accidental or otherwise, while in Your possession. You’ll be charges at Our sole discretion up to the full retail price listed in our catalogue or on our Website at the time of Your Order.
- Collections: If You do not pay the amounts You owe to Us when due, then We will institute collection procedures on behalf of Gallery MURO or the artist. You agree to pay Our costs of collection, including without limitation, reasonable solicitors’ fees. Any amounts not paid when due shall bear interest at the rate of one and one half percent (1.0%) per month, or the maximum legal rate, if less.
- Removal: Gallery MURO reserves the right to terminate Your right to rent Products from Us at any time in the event of Your breach of this Rental Agreement or for any other reason in Our sole discretion. Without limiting Our other rights under these Rental Terms, upon termination of this Rental Agreement, We may take possession of the Goods wherever situated if such Goods 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.
6. Gallery MURO’s Warranties & Obligations
- Availability of Artwork: While Gallery MURO endeavours to continuously update our catalogue of art, We may not be aware until we confirm with the artist that a specific artwork is available. As such, all Orders are subject to availability, and where Gallery MURO is unable to fulfil Your Order, we will attempt to work with You to find a suitable replacement Product, or cancel Your Order and refund any payments collected in relation to the Order.
- Colour Reproduction: Gallery MURO endeavours to display and describe as accurately as possible the colours & textures of the Goods which appear in its catalogue or on its website, but cannot undertake to give any assurance that the colours or textures of Goods supplied will exactly match those displayed on the Buyer’s monitor or home printing device.
- Product Specifications: Given the bespoke, hand crafted nature of many of the Goods sold by Gallery MURO, the exact size of Goods may alter slightly from piece to piece and from the official Goods dimensions listed in our catalogue or on our website. Gallery MURO reserves the right to amend the specifications of any of the Goods without prior notice. We will inspect the Goods for damage prior to dispatch and on return, and evaluate their condition at Our sole discretion.
- Delivery: Gallery MURO will dispatch Your Order to the secure delivery address you provide at the time of ordering, no later than 30 days from the date of Your Order, unless otherwise agreed, or unless the Goods are unavailable. Our liability to You for failure to do deliver the Goods as ordered is limited to the timely delivery of Product as ordered or a refund of the Rental Fee as determined by Gallery MURO at Our sole discretion.
- Purchase: If You at any time decide to purchase a rented Product at the retail price advertised in our catalogue, Gallery MURO will discount the retail price by 100% of the total rental fee paid, where purchase is made within 30 days of commencing the rental agreement, or by 50% of the total rental fee paid, where purchase is made after 30 days of commencing the rental agreement. We will also supply a signed Certificate upon receipt of payment. Gallery MURO can, at its sole discretion, alter the retail price at any time so as to reflect optional extras (e.g. frames), discounts, or promotions.
- Right of First Refusal: If, during the course of Your Rental Period, an offer to purchase the Artwork is made by a 3rd party, Gallery MURO will make all reasonable efforts to provide You the right of first refusal for a period of 10 business days, during which time You may purchase the work at the offered price. Should You decline to make said purchase You must return the Artwork within 10 business days of notification of the purchase offer, and You may select a replacement Artwork from the Gallery MURO catalogue or Website of equal or lesser Rental Fee, which we will provide at no additional cost to You. Gallery MURO will not be liable to you or any 3rd party in the event we or a 3rd party sells the Goods currently in your possession and control.
7. Warranty Information
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.
Your sole and exclusive remedy and Gallery MURO’s sole and exclusive liability for a breach of Gallery MURO’s limited warranty shall be, at our option, for us to use commercially reasonable efforts to replace the non-conforming Product in a timely manner or a refund of Your rental fee (excluding delivery charges).
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.
8. 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.
Effective 1st March 2016