20th November 2020
Customer Subscription Process – Terms and Conditions
CHADART’s (The “Company”) Membership and Subscription process is very straightforward and can be completed entirely online. This Agreement explains the terms and conditions of Membership under which we supply the artworks listed on our website www.chadart.com available through a range of flexible subscription and sale services.
A potential subscriber (The “Customer”) of our artworks are automatically signed up, free of charge, as a Member and offer an extensive range of networking, educational benefits and special offers.
By confirming your Membership on signing this Agreement, you agree to be bound by the terms and conditions of our subscription services and do not need to sign any further contract when choosing your artworks and subscription payment plan.
Customer Membership number : This will be automatically generated when you sign on the customer Member page on the website.
If you have any queries about this Agreement, please email us on customerqueries@chadart.com
Article 1 – Your Status
By placing an order through our site, you warrant that:
1.1 You are legally capable of entering into binding contracts; and
1.2 You are at least 18 years old;
1.3 You are resident in the UK or one of the Serviced Countries; and
1.4 You are accessing our site from that country.
Article 2 – How the Subscription Agreement is Formed Between You and the Company
2.1 After agreeing to the terms and conditions of this Membership and Subscription Agreement, you will receive a Welcome email from us acknowledging that we have received your application as well as confirm receipt of your first payment if subscribing at the same time.
2.2 Your Membership constitutes an offer to us to rent artworks by subscribing to our service. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an email that confirms that your subscription has been accepted.
2.3 You may not transfer, assign, or otherwise dispose of a subscription plan under your name, or any of your rights or obligations arising under it, without our explicit prior written consent. The Company may, at our discretion, choose to cancel or not renew your Subscription or Membership at any time without giving any reasons for our decision.
2.4 The Company reserves the right to revise and amend these terms and conditions from time to time to reflect market conditions affecting our business, changes in payment methods, new laws and regulatory requirements and as well as changes in our system’s capabilities.
Article 3 – Your Subscription Plan and Process
3.1 Each subscription plan consists of an initial charge, followed by recurring period charges as agreed to by you. By entering into this Agreement, you acknowledge that your subscription has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation.
3.2 The minimum period for a monthly subscription is 3 months with an annual subscription option available at a significant discount as detailed on the subscription selection page on the Company’s website. You may choose just one artwork or build one or more portfolios of artworks.
3.3. A feature of the subscription plan is the option to rotate artworks every 3 months. You will be notified by email 2 weeks prior to the end of each 3 month period and advised to select the artworks you would like for the subsequent 3 month period. You should notify us during the 2 week period of your new choice(s) so we can simultaneously collect the previous artwork(s) and deliver the new artwork(s).
Note: you may decide to select a more expensive or cheaper artwork as part of the rotation, in which an adjustment in the subscription price will be made automatically to reflect this.
3.4 The Company will take periodic subscription charges from your nominated payment account for the agreed period without further authorisation from you, until you provide prior notice that you are terminating the authorisation or wish to change your method of payment.
3.5 Should you request to acquire a subscribed artwork under the credit scheme for artwork purchase, ownership will only pass to you when the Company receives full payment of all sums due including delivery charges. Purchase of a specific artwork is subject to agreement by both the artist and the Company; please contact the Company by email if you are interested in purchasing a specific artwork.
Article 4 – Notification of Payment Method Change and Subscription Cancellation
4.1 To terminate your authorisation or change your payment method, login to your account and manage your automatic subscription payment to us under the ‘pre-approved payments’ tab in ‘settings’. In case of difficulty please email the Company.
4.2 You can extend or cancel your subscription at any time after which the artwork must be available for collection by the Company. You will not be charged for any cancellation. You can re-subscribe at any time following your cancellation, but we reserve the right not to permit re-subscription where we have previously elected to terminate a subscription by you.
4.3 Notice of subscription cancellation must be given at least 5 working days before the next payment is due, otherwise the change will only take effect in the following month.
4.4 Customers cancelling after their payment has been taken will be able to keep the artwork for one month before being collected by the Company.
4.5 Following cancellation, the Company will process any refund due to you as soon as possible and, in any case, within 30 days of cancellation, provided the Artworks under the subscription have been returned to the Company
4.6 Your Membership and associated benefits and incentives will remain in place once a Subscription has been cancelled, unless you separately advise us by email to cancel your Membership.
Article 5 – Cancellation and Refund for an Annual Substantial Plan
5.1 If you have taken out an annual subscription, the cancellation process is the same as in Article 4. The refund amount will be calculated as the difference between the annual payment made and the pro rata payment that would have been made under a 3 month subscription plan for the same artwork.
For example: Annual plan with payment of GBP1,000 is cancelled after 4 months and the 3 monthly subscription is GPB110 per month; then the refund amount is GBP1,000 minus 4 x GBP110 = GBP560.
Note if the cancellation is made after a 9 month period in this example, then no refund will be payable (reflecting the higher costs associated with the shorter term subscription period).
5.2 The refund payment process and time is the same as under Article 4.5.
Article 6 – Rights for Consumers (Not Applicable for Business Customers)
If you are Subscribing as a Consumer, you may cancel a Subscription at any time within the first fourteen days cooling-off period, defined as beginning on the day after you received the Artworks contracted for under the Subscription. In this case, you will receive a full refund of the Subscription paid for in accordance with our refunds policy (set out in Article 10 below).
Article 7 – Artwork Management and Delivery Process
7.1 Under the operation of the artwork subscription process, once your initial payment has been received, the Company will confirm your subscription by email and advise a date and time period on that day when the logistics service provider will deliver the chosen artworks.
7.2 In the unlikely event that your selected artwork may not be available for any reason, you can choose an alternative artwork of the same value or upgrade your subscription to a higher value category. You may also request a refund if you cannot find a suitable replacement artwork.
7.3 The delivery date will normally be 5 working days after notification. Should the proposed collection date not be suitable, you should immediately contact the Company by email with an alternative date and time. The Company will notify you by email as soon as possible should there be any delay in delivery date and time due to circumstances beyond our control.
7.4 On the day of delivery, the logistics provider will unpack and photograph the artwork, as well as record the date and time of delivery. The artwork will be supplied ready for wall hanging. You should sign for the consignment with the logistics provider confirming artwork delivery. These data will be included in the Company’s database for security purposes. Deliveries are made to the address provided at the end of this Agreement, unless written notification to change this delivery address is provided to the Company in advance by email.
Note: If the delivery is part of the 3 monthly rotation feature of the subscription (refer Article 3.3) then artworks being replaced will be collected simultaneously with the delivery of new artworks wherever possible.
7.5 The reverse process will apply when the artwork is returned to the Company after the contracted subscription period ends. A date and time for collection will be advised by email and you should immediately email the Company should a revised date be needed. On collection the logistics provider will photograph the artwork, securely pack and record the date and time of collection. You should sign with the logistics provider as confirmation of the collection with artwork in good condition.
7.6 In the event of any problem with the Artist’s artwork on delivery or collection under Articles 7.4 or 7.5 above, the Company must be immediately notified by email. Such reasons for notification include unsuitable condition of the artwork for subscription or damage to the artwork on return; see Article 8 on insurance below. The logistics provider will photograph any damage on your site and forward to the Company.
7.7 Should you withhold or delay collection of the subscribed artwork without a justifiable reason for three or more days, the Company may suffer loss of subscription or sale revenue. In such a circumstance, the Company reserves the right to charge a compensation payment of up to 25% of the monthly subscription fee.
Article 8 – Artwork Warranty, Insurance, Loss and Damage, Ownership
8.1 The artwork under your subscription will have a unique ID electronic tag and will be registered and covered by the Company’s insurance provider for any accidental damage, theft or loss during the period of the artwork subscribed for from the time of delivery until its return to the Company.
The unique ID security along with the delivery and collection processes as outlined in Articles 7.4 and 7.5 above, enable the Company to warrant that the artwork subscribed through our website will conform with its description, and be of satisfactory condition for display upon delivery.
8.2 As a subscriber you are responsible for taking due care and making all reasonable efforts to ensure the artwork is not willfully damaged or lost while at your location, otherwise the Company or insurance company will choose to claim compensation. You are therefore advised to have an adequate contents insurance policy in place to cover such risks.
8.3 At all times the artwork subscribed for remains the property of the Artist providing the artwork for subscription.
8.4 The artwork is copyright of the artist. Copying of the artwork for any purpose is strictly prohibited without the explicit permission of the artist.
Article 9 – Force Majeure Impacts (Events Outside the Company’s Control)
9.1 The Company will not be liable or responsible for any failure to perform, or delay in performance of, any obligations under this Agreement caused by events outside our reasonable control (Force Majeure). In this circumstance, the subscription contract is deemed suspended for the duration that the Force Majeure event continues. The Company will endeavour to find a solution by which its obligations to you as the subscriber under the Agreement may be performed if possible.
9.2 This includes strikes, lockdowns, industrial action, civil commotion, terrorist attack, fire, explosion, storm, flood, epidemic or other natural disaster. Also delays caused by breakdown or temporary impossibility for use of rail, shipping, aircraft, road or other means of transport.
Article 10 – Jurisdiction Associated with this Agreement
This Agreement will be governed by and construed in accordance with English law. In the event of a dispute, the Parties should resolve by mutual agreement where possible.
Customer Details for Subscription, Logistics and Settlement
In order to facilitate the smooth operation of this Agreement, including artwork subscriptions, sales and settlement, you are asked to provide the following information to the Company. All details will be only be used for the purpose of delivery of the subscription service or other art services associated with customer Membership.
Contact For Service Delivery:
Name:
Phone number :
E mail :
Emergency contact : [number / name]
Business name: [if used for registration]
Business registration number: [if business used for registration]
Location for Artwork Delivery
Address and postcode:
Tel / mobile number:
(in case we need to contact you during delivery process):