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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 the “purchaser”) of a work of art provided by IQ Kunstuitleen.
   
   

Article 2: Subscription

1. IQ Kunstuitleen uses a lending system based on a mandatory subscription.
2. The subscription fee is €12 per year, which is automatically collected by IQ Kunstuitleen in advance each year. To this end, the purchaser will issue an authorization to IQ Kunstuitleen.
3. Membership is established through written registration when entering into the rental agreement and is valid for an indefinite period.
4. Membership ends after cancellation, with due observance of a notice period of one month towards the end of the calendar year. Cancellation by the purchaser is only possible if the agreement concluded between the parties ends at the same time or earlier.
   
   

Article 3: Duration of Agreement

1. The agreement between the parties has a minimum duration of one year.
2. After the expiry of the one-year term, the purchaser may terminate the agreement at any time by returning and/or purchasing the rented artworks.
3. The agreement will also terminate if the rented artworks are purchased within the first year.
4. Within the term of the agreement, the purchaser is free to exchange the rented artworks at IQ Kunstuitleen for other artworks at any time, whereby the rental fee will be adjusted based on the value of the newly rented artworks.
   
   

Article 4: Price and Payment

1. The monthly rental fee payable by the purchaser to IQ Kunstuitleen amounts to 3% of the value or sales price of the artwork provided by IQ Kunstuitleen.
2. The monthly rental fee is payable in advance.
3. IQ Kunstuitleen will collect the rental amounts monthly by direct debit, for which the purchaser will issue a standing order to IQ Kunstuitleen. The purchaser is required to ensure sufficient funds are available.
4. Upon entering into the agreement, the purchaser must immediately pay the rental fee for the first full month or part thereof to confirm receipt of the payment.
   
   

Article 5: Savings

1. Two-thirds of the monthly rental fee is allocated as savings that the purchaser can use to buy artworks from IQ Kunstuitleen.
2. These savings can only be used to purchase artworks from IQ Kunstuitleen and cannot be withdrawn as cash, transferred to a bank account, or used in any other way.
3. The savings cannot be used to pay for the rental of artworks from IQ Kunstuitleen.
4. The purchaser can contact IQ Kunstuitleen to inquire about the total amount of accrued savings.
5. The savings can be used at any time, even after the termination of the rental agreement and subscription, to purchase artworks from IQ Kunstuitleen.
   
   

Article 6: Ownership of Artworks

1. IQ Kunstuitleen remains the owner of the rented artworks at all times during the term of the agreement.
2. If the purchaser wishes to purchase the rented artwork, possibly using the accrued savings balance, they must inform IQ Kunstuitleen.
3. The purchaser does not automatically become the owner of the artwork unless a separate purchase agreement is concluded with IQ Kunstuitleen, regardless of the amount of the accrued savings balance.
   
   

Article 7: Use of Artwork

1. The purchaser is prohibited from allowing the artworks to be used by another person or from renting or selling them to others, either for free or for a fee.
2. The rented artworks must remain at the address stated in the agreement, and any relocation of the purchaser or the artworks must be reported to IQ Kunstuitleen within two weeks.
3. Reproduction, copying, or exhibiting the rented artworks is not permitted, except with written permission from IQ Kunstuitleen.
   
   

Article 8: Insurance and Liability

1. During the term of the agreement, IQ Kunstuitleen will ensure the artworks are insured.
2. Damage resulting from negligence or intentional acts by the purchaser will be borne by the purchaser.
3. In cases of damage, theft with traces of breaking and entering, or fire, the artworks are covered under the purchaser's home insurance policy.
4. The purchaser's liability is limited to the monetary value of the rented artworks.
5. The purchaser is required to immediately inform IQ Kunstuitleen if damage to the artworks has occurred or is likely to occur.
   
   

Article 9: Purchaser's Failure to Pay

1. If the purchaser fails to pay the subscription fee or rental fees on time, they will owe IQ Kunstuitleen 15% of the overdue amount as extrajudicial collection costs following the first formal notice.
2. In cases of default, IQ Kunstuitleen is entitled to reclaim the rented artworks and terminate the agreement.
3. All costs associated with reclaiming the artworks will be borne entirely by the purchaser.
4. The purchaser is not entitled to offset the amount owed to IQ Kunstuitleen against the accrued savings.
   
   

Article 10: Disputes

1. This agreement is exclusively governed by Dutch law.
2. All disputes will be exclusively settled by the competent court in Overijssel.