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ArtSugar Rental Agreement

RENTAL OR PURCHASE OF PRODUCTS

Updated
Effective Date: May 2, 2019.

A. General Conditions

The Services include the rental and sale of Products. This Section sets out terms and conditions that apply to your rental or purchase of any Product.

18 YEARS OR OLDER. Products may be rented or purchased for use by individuals under 18 years of age, but we rent and sell only to adults, who may rent or purchase the Products with a payment card or other approved payment method. By clicking that you accept these Terms, you represent that you are 18 years or older and that you are authorized to use the chosen payment method (including, without limitation, credit cards) for the purpose of renting or purchasing the Products as described in these Terms.

LIMITS. You acknowledge and agree that we may place limits on the rental or purchase of Products, including but not limited to restricting orders placed under a single customer account, payment card or billing or shipping address. We reserve the right to limit, cancel or prohibit any rentals or sales of Products for any reason in our sole discretion, including but not limited to availability and geographic concerns.

DELIVERY. All deliveries will be through ArtSugar’s shipping partners, which may change from time to time at ArtSugar’s discretion. The shipping method used will be at the discretion of ArtSugar.

COLLECTIONS. If after 90 days upon receipt of your rental, you have not shipped the item (s) back to ArtSugar, ArtSugar will charge the remaining amount (Retail Value of item less the rental fee) to the credit card you used on artsugar.co. If during the 90 days, your credit card has been cancelled or we are unable to charge said card for any reason, ArtSugar will institute collection procedures. You agree to pay ArtSugar’s costs of collection, including without limitation reasonable attorneys' fees, on top of the remaining amount owed on the product.

COMMUNICATIONS. You consent to receive communications from us, including email, text messages, and calls, including for the purposes of notifying you about the status of your order, sending you reminders, facilitating secondary authentication, and providing other information. We may contact you by telephone calls or text messages, at any of the telephone numbers provided by you. Standard message and data rates charged by your mobile carrier may apply to the text messages we send you. You may opt out of receiving communications by following the unsubscribe procedures we provide to you. In the case of text messages, you may opt out by replying "STOP" to a text message you receive from us or by emailing hello@artsugar.co. You acknowledge that opting out of receiving communications may impact your use of the Services.

B. Rentals

The following additional conditions apply to the rental of any Product.


RENTAL FEE. The rental fee (“Rental Fee”) for the Product will be the total of the rental fee, insurance charges and delivery charges listed on the Site for your rental of the Product. When you place your rental order for a Product, you hereby authorize ArtSugar to charge your payment card for the Rental Fee. ArtSugar will charge your payment card the amount of the Rental Fee immediately upon your rental order. Rental Fees exclude all federal, state and local taxes, GST, fees, customs, duties, levies and other governmental assessments, all of which shall be paid by you directly or, if paid by ArtSugar, shall be paid by you to ArtSugar in connection with your rental order.

RETURN PACKAGING. Once you receive the Product, ArtSugar will email you a pre-paid, pre-addressed ArtSugar shipping label. If you are participating in the Rental program, please keep the original packaging on hand. ArtSugar is only responsible for return shipping labels, and is not responsible for payment of return packaging, this is the responsibility of the customer.

RECEIPT OF THE PRODUCTS. Upon delivery, you bear responsibility for the Product(s). You acknowledge that a Secure Shipping Address is highly recommended. A Secure Shipping Address means a location where an individual can physically receive Product(s). In the event that an un-secure shipping address is provided, ArtSugar 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 ArtSugar will not be liable. You will be liable for all such delays and additional delivery fees.

USE OF THE PRODUCTS. You agree to treat the Products with great care, as if it was borrowed from your close friend. You are responsible for loss, destruction or damage to the Products due to theft, mysterious disappearance, fire, or any other cause, other than normal wear and tear. Normal wear and tear encompasses minor damage covered by the insurance you paid for with your rental of the applicable Product. If you return a Product that is damaged beyond normal wear and tear, then you agree that we shall charge you, and you shall pay, for the price for repairing or replacing the Product, as determined in our discretion, up to the Retail Value for the Product.

RETURN OF THE PRODUCTS. You agree to return the Products to ArtSugar in the Packaging on or before 90 days upon receipt of the Products. You must return the Product by delivering the Product in the Return Packaging to the shipment provider noted on your Return Shipping slip located in the United States by 12 p.m. on or before the date that the Product is due. We are not responsible for any personal or other items left in the Products or which are returned to ArtSugar in the Return Packaging. If you believe you have accidentally or otherwise sent us any such items, please contact us as soon as possible at hello@artsugar.co. Our staff may assist in attempting to locate such items at a customer’s request,but are not obligated to and assume no liability for doing so.

LATE FEES. If you return the Products late or not at all, you will be charged the Retail Price less the Rental Fee (plus any applicable sales tax) to the payment card you used to pay the Rental Fee or to any other payment card included in your account information that you have provided to ArtSugar one day after the Rental Term (90 days). This will be considered a Purchase and all purchases are final and cannot be cancelled or refunded.

LOST RETURN PACKAGING. If you lose the Return Packaging or Return Shipping Label, you will be responsible for returning the item at your own expense by the expected return date, and providing ArtSugar with a tracking number.

CORRECT PRODUCTS. Subject to availability, we will deliver the Products you ordered, including the specified size, frame color, and style, on or before the delivery date for which you ordered them, except in the rare event that the Product is damaged beyond repair or there is an occurrence subsequent to the placing of the order that prevents timely delivery. In such event, we will use reasonable efforts to notify you that the Product is unavailable. If we are able to reach you, you will be entitled to choose any available rental Product to replace the unavailable Product. If we are unable to reach you, you acknowledge and agree that we may send you a replacement product of the same or greater value. Products may appear different in color and style than as displayed on the Site.

C. Sales

The following additional conditions apply to the sale of any Product.

PURCHASE PRICE. The Retail Price or purchase price (“Purchase Price”) for the Products will be the purchase fee and delivery charges listed on the Site in connection with your purchase of the Products. Purchase Price is as listed on the ArtSugar website at the time of purchase, and is subject to change. ArtSugar reserves the right to alter Purchase Price, discount, or availability of any particular item at its discretion and without notice. Upon your purchase order for a Product, you hereby authorize ArtSugar to charge your payment card for the Purchase Price. We will charge your payment card the amount of the Purchase Price immediately upon your purchase order. Purchase Prices exclude all federal, state and local taxes, GST, fees, customs, duties, levies and other governmental assessments, all of which shall be paid by you directly or, if paid by ArtSugar, shall be paid by you to ArtSugar in connection with your purchase order. Purchase orders are final and cannot be cancelled.