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Article 1: Applicability

1. These terms and conditions apply to every agreement between IQ Kunstuitleen and the renter or buyer (hereinafter referred to as: “customer”) of an artwork offered by IQ Kunstuitleen.

Article 2: Subscription

1. IQ Kunstuitleen operates a lending system based on a mandatory subscription.
2. The subscription fee amounts to €12.00 on an annual basis, which is automatically debited annually in advance via an authorization issued by the customer.
3. Membership arises from written application upon entering into the rental agreement and is entered into for an indefinite period.
4. Membership ends upon termination with a notice period of one month effective at the end of the calendar year. Termination by the customer is only possible if the rental agreement ends simultaneously or earlier.

Article 3: Duration of agreement

1. The agreement has a minimum term of one year.
2. After this year, the customer may terminate the agreement at any time by returning and/or purchasing the rented artworks. Interim purchase of the artworks is possible at any time, in which case the rental agreement ends immediately.
3. During the term, the customer is free to exchange artworks. Exchanging artworks in person at one of IQ Kunstuitleen's galleries is free of charge at all times. With each exchange, the monthly rental amount will be adjusted to the value of the new artworks.
4. If the customer makes use of IQ Kunstuitleen's on-site exchange and transport service, this is free of charge a maximum of once every six months. For each additional on-site exchange within this period, IQ Kunstuitleen is entitled to charge transport costs according to the applicable rates.

Article 4: Price and payment

1. The monthly rental amount is 3% of the value/sales price of the artwork used by IQ Kunstuitleen and must be paid in advance.
2. IQ Kunstuitleen collects the rental amounts monthly via direct debit, for which the customer issues a standing authorization. The customer ensures sufficient funds are available.
3. Upon concluding the agreement, the customer immediately pays the rental price for the first full month or part thereof.

Article 5: Savings Credit

1. Two-thirds of the monthly rental amount is accrued as savings credit, which the customer can use to purchase artworks from IQ Kunstuitleen.
2. This savings credit may be used exclusively for the purchase of artworks from IQ Kunstuitleen and will never be paid out in cash, by bank transfer, or otherwise. It cannot be used to pay the rent.
3. The customer may request the amount of the outstanding savings credit from IQ Kunstuitleen.
4. Artworks can be purchased from IQ Kunstuitleen at any time using the accrued savings credit, even after termination of the rental agreement and the subscription.

Article 6: Ownership of artworks

1. IQ Kunstuitleen remains the owner of the loaned artworks at all times during the term of the agreement.
2. If the customer wishes to purchase the artwork (possibly using the savings balance), the customer must make this known.
3. The customer never automatically becomes the owner of the artwork, regardless of the amount of the savings balance, without a separate purchase agreement having been concluded.

Article 7: Use of artwork

1. The customer is prohibited from transferring, renting out, or selling artworks to third parties for use.
2. The artworks remain at the address stated in the agreement. Any relocation of the customer and/or the artworks must be reported to IQ Kunstuitleen within two weeks.
3. Reproducing, copying, and/or publicly exhibiting artworks is not permitted without the written permission of IQ Kunstuitleen.

Article 8: Insurance and liability

1. During the agreement, IQ Kunstuitleen is responsible for insuring the artworks.
2. Damage caused by the negligence or intent of the purchaser shall be at the purchaser's expense. In the event of damage caused by fire or theft with signs of forced entry, the artwork is covered by the purchaser's household contents insurance.
3. The purchaser's liability shall not exceed the value of the rented artworks. The purchaser shall immediately notify IQ Kunstuitleen of any (imminent) damage.

Article 9: Default by the purchaser

1. In the event of late payment of the subscription fee and/or the rent, the purchaser shall owe 15% of the outstanding amount in extrajudicial collection costs after the first formal notice.
2. In the event of default, IQ Kunstuitleen is entitled to repossess the artworks and to dissolve the agreement. The costs of repossession shall be borne entirely by the purchaser.
3. The purchaser may never offset outstanding amounts against the accumulated savings balance.

Article 10: Disputes

1. This agreement is governed exclusively by Dutch law.
2. Any disputes shall be handled exclusively by the competent authority.