Terms and Conditions

Terms and Conditions for Renting or Subscribing to Paintings by Guy Titterington

  1. Subscription Service
    1.1 The Subscription Service provided by Guy Titterington ("Artist") offers customers the opportunity to rent or subscribe to paintings on a monthly basis.
    1.2 The subscription shall commence on the date of payment, and the painting will be shipped within 5 business days of payment.
    1.3 Subscription fees will be charged to the customer's credit or debit card on the same date each month.
    1.4 The customer may cancel their subscription at any time by emailing guytitterington@gmail.com. The cancellation will take effect after 14 days notice.
    1.5 The Artist reserves the right to terminate or suspend the subscription service, without liability, for any reason.
  2. Damage to Artwork
    2.1 The customer is responsible for the safekeeping of the artwork while it is in their possession.
    2.2 In the event that the artwork is damaged while in the customer's possession or in transit due to incorrect packaging, the customer must notify the Artist within 14 days of the damage.
    2.3 If the customer fails to report the damage within 14 days, the customer will be charged for three months of subscription fees, which is £60.
    2.4 The customer must use the provided white gloves when handling, installing, and packaging the artwork.
  3. Cancellation of Subscription
    3.1 If the customer cancels their subscription, they must return the artwork to the Artist within 14 days of the cancellation notice.
    3.2 Proof of postage must be retained by the customer for returning the artwork.
    3.3 If the customer holds onto the artwork for more than 30 days after cancellation, they will be charged £1000 to their debt or credit card.
  4. Ownership and Copyright
    4.1 The artwork is never owned by the customer and can never be bought or sold, only rented.
    4.2 All ownership of the painting and copyright belong to the Artist, Guy Titterington, and his estate.
  5. Subscription Fees
    5.1 The monthly subscription fee is subject to change.
    5.2 Existing and new customers will be made aware of any changes via email and the website at least 3 months before the change.
    5.3 Existing customers will not be subject to a higher tariff unless they start a new subscription or stop and start again.
  6. Replacement Packaging
    6.1 If replacement packaging is required to transport the artwork back from the customer, a charge of £20 will be incurred.
    6.2 The replacement packaging will be posted out within 5 days of payment.
  7. Payment Terms and Late Fees
    7.1 Payment is due on the same day each month as per the subscription agreement.
    7.2 If payment is not received within 7 days of the due date, a late payment fee of £10 will be charged.
    7.3 If payment is not received within 14 days of the due date, the subscription will be cancelled, and the customer will be liable for any outstanding payments and charges.
  8. Delivery and Shipping
    8.1 The Artist will use reasonable efforts to deliver the artwork to the customer within the agreed timeframe, but delivery dates are not guaranteed.
    8.2 If the artwork is not delivered within 7 days of the agreed delivery date, the customer may cancel their subscription and receive a refund of any charges paid.
    8.3 The customer is responsible for ensuring that the delivery address is accurate and up-to-date. If the artwork is returned to the Artist due to an incorrect address, the customer will be responsible for any additional shipping charges.
  9. Intellectual Property
    9.1 The customer acknowledges that all intellectual property rights in and to the artwork, including any copyright or trademark rights, belong exclusively to the Artist.
    9.2 The customer shall not reproduce, modify, or create derivative works based on the artwork, or use the artwork for any commercial purpose.
  10. Representations and Warranties
    10.1 You represent and warrant that you are at least 18 years of age and have the legal capacity to enter into this Agreement, that you will comply with all of the terms and conditions of this Agreement, and that you will not use the Artwork for any illegal or unauthorized purpose.
  11. Limitation of Liability
    11.1 In no event shall the Artist or his representatives be liable to you for any indirect, incidental, consequential, special, punitive, or exemplary damages arising out of or in connection with this Agreement or the use of the Artwork, whether based on breach of contract, tort (including negligence), or otherwise, even if the Artist or his representatives have been advised of the possibility of such damages.
  12. Indemnification
    12.1 You agree to indemnify, defend, and hold harmless the Artist and his representatives from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or in connection with your breach of this Agreement or your use of the Artwork.
  13. Governing Law and Jurisdiction
    13.1 This Agreement shall be governed by and construed in accordance with the laws of the United Kingdom, without regard to its conflict of laws provisions.
    13.2 Any action or proceeding arising out of or in connection with this Agreement shall be brought exclusively in the courts located in the United Kingdom, and each party hereby consents to the jurisdiction of such courts.
  14. Entire Agreement
    14.1 This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes all prior and contemporaneous agreements and understandings, whether written or oral, relating to such subject matter.
  15. Waiver
    15.1 The failure of either party to enforce any provision of this Agreement shall not be deemed a waiver of that provision or any other provision of this Agreement.
  16. Severability
    16.1 If any provision of this Agreement is found by a court of competent jurisdiction to be invalid or unenforceable, the remaining provisions of this Agreement shall remain in full force and effect.