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Terms of Service

Scope of application

The present Terms of service (“Terms of service”) apply to all legal transactions made through the Iconoklast website and form an integral part of all rental agreements in the scope of our services.

Our services

ZURlCHARTIovers WlNTERTHUR AG under the brand Iconoklast (“we” or “Iconoklast”) offers flexible art rental services designed for both private individuals and businesses in Switzerland (“Customers”). Our collection features original works and signed editions by recognized modern and contemporary artists, with artworks categorized into three tiers: Essentials, Favourites, and Masterpieces. The pricing differs by category and is clearly presented on our website for full transparency.

When a Customer selects an artwork from our collection and clicks “Rent it Now,” they agree to the Terms of service and enter into a legally binding rental agreement with Iconoklast. Under this agreement, the Customer is granted the right to display and enjoy the selected artwork for the duration of the rental period, in exchange for the corresponding rental fee.

Please note that all rentals are for display purposes only; at no point does the Customer acquire ownership of the artwork. The Customer is strictly prohibited from selling, subleasing, or otherwise transferring the artwork to any third party.

Our services are governed by the terms and conditions outlined in these Terms of service, which define the rights and obligations of both Iconoklast and Customers.

Obligations of Iconoklast

  • We shall deliver the artwork in a condition fit for purpose as presented on the website.
  • We shall conduct a thorough inspection of the artwork prior to delivery to ensure it is suitable for rental, and will provide the Customer with any necessary documentation regarding its condition, care, and installation requirements, including our signature hanging system for secure installation.
  • We shall deliver the artwork to the address specified by the Customer within five (5) working days upon completion of the order via Swiss Post, or arrange for professional transportation if applicable.
  • We shall deliver the rented artwork to the Customer in our protective packaging box including a return postage-paid sticker.
  • We are not liable for any delay, failure in performance, or damage to the artwork caused by events outside of their reasonable control, such as natural disasters, government restrictions, or other circumstances classified as force majeure.

Obligations of the Customer

The Customer acknowledges that the artwork’s primary function is to remain a piece of visual or cultural expression, and agrees to respect the integrity and significance of the artwork throughout the rental period. The Customer acknowledges and agrees that the primary and habitual purpose of the rented artwork is to enhance the aesthetic and cultural value of the Customer’s environment, whether for personal or public display. As such, the Customer is obligated to:

  • Display and use: The artwork shall be displayed in a manner consistent with its intended purpose, i.e., as a decorative or artistic piece in a home, office, or similar environment. The Customer agrees to not use the artwork for any purpose that diminishes or alters its artistic, cultural, or financial value.
  • No commercial exploitation: The Customer may not use the artwork for any commercial purposes outside of display (e.g., reproducing, selling, leasing to third parties, or using in advertisements) unless explicitly authorized in writing by Iconoklast.
  • Stay in Switzerland: The Customer may not ship, transport or store any rented artwork outside of Switzerland.
  • Care and maintenance: The Customer shall take all reasonable measures to preserve the condition of the artwork, avoiding damage, misuse, or exposure to harmful conditions such as extreme temperatures, humidity, direct sunlight or any strong odeurs. This includes in particular the following locations: basements, smoking rooms or any rooms exposed to smoking, professional kitchens, outdoor areas, attics. Any repairs or restoration efforts may only be conducted by a professional approved by Iconoklast.
  • Secure installation: The Customer shall use Iconoklast signature hanging system or any appropriate similarly secure alternative to install the artwork.
  • Prohibited alterations: The Customer shall not make any physical alterations or modifications to the artwork, including but not limited to framing, resizing, or adding any materials.
  • Return in original condition: Upon termination of the rental period, the artwork must be returned in the same condition as received, taking into account reasonable wear and tear. The Customer shall be responsible for any damage beyond normal wear and tear and may be required to cover the cost of repairs or restoration.
  • Return in the provided packaging: The Customer shall store and protect the original packaging box in order to use it for returning the artwork and to allow repeated use. Upon termination of the rental period, the Customer must return the artwork in the provided original packaging box using the provided postage-paid sticker. The Customer does not need to return the signature hanging system. In order to ensure secure shipment and due to our commitment to environment, if the artwork is returned in a packaging other than the one provided by us, or if the provided packaging is damaged to the extent that it cannot be reused (excluding normal wear and tear from shipping), the Customer will be charged CHF 50.

In order to enter into a rental agreement, every Customer must have his identity verified by SwissID.

When entering into a rental agreement, the Customer shall pay the rental fee corresponding to the chosen artwork and shipping using one of the provided electronic payment methods. The rental fee is due monthly, the first time when the contract is entered into and then the same day every month. If the contract is entered into on the last day of the month, recurring payments will continue to be charged on the last day of the subsequent months.

The Customer shall verify the condition of the artwork and the hanging system immediately upon reception but no later than 48 hours after the delivery of the artwork. If the Customer notices any damage, this must be notified to us in writing (by email) immediately.

In the event of loss, theft, or damage to the artwork or any of its integral part (including the frame), the Customer shall immediately notify us in writing (by email). The Customer remains financially liable for any loss or damage caused to the rented artwork during the period between the receipt of the artwork until its hand-over to the Swiss Post for return shipment. Upon returning of an artwork, we will verify the condition of the artwork including its frame and packaging box and notify the Customer in case of any issue.

Rental period

The rental period is one (1) month and will be automatically renewed unless cancelled until the end of the period. A minimum duration of three (3) months applies at the start of every rental contract as well as after every change of an artwork.

Change of an artwork

After two (2) months of rental have passed, Customers can change the artwork at any time. If a Customer requests a change of the artwork, the Customer shall return the actual artwork within the following five (5) working days using the provided packaging box and postage-paid sticker. We will send the new artwork to the Customer following the usual process.

  • Change to a lower category (from Masterpieces to Favourites or Essentials or from Favourites to Essentials): The Customer will be charged with the lower fee corresponding to the lower category as of the new one-month rental period.
  • Change within the same category (e.g., change of an artwork from the category Favourites for another artwork in the category Favourites): The rental continues under the same conditions with no change to the rental fee or invoicing times.
  • Change to a higher category (from Essentials to Favourites or Masterpieces or from Favourites to Masterpieces): the Customer will be charged with the higher fee corresponding to the higher category as of the new one-month rental period plus the price difference for the respective days within the current rental (pro-rata temporis).

Every change of an artwork triggers a new minimum rental duration of three (3) months. The shipping costs are borne by the Customer.

Transportation and shipping cost

Delivery to and from the Customer’s location will be arranged via Swiss Post or a designated courier service, if applicable. The return shipping fee via Swiss Post depends on the size of the artwork and will be charged to the Customer along with the initial rental fee, as well as for each subsequent artwork exchange. However, the first delivery for each new Customer is free of charge.

Additionally, return shipping costs will not be applied if the artwork must be returned due to a reason attributable to us.

Termination

Customer Cancellation

  • Right to cancel: Customers may cancel their subscription at any time after the initial two (2) months rental period for the artwork has passed.
  • Effective date of cancellation: The cancellation will take effect at the end of the respective rental period, meaning no additional rental fees will be charged beyond the end of that period. The Customer will be responsible for arranging the return of the artwork as described in section “Obligations of the Customer” of the Terms of service.

Termination by Iconoklast

  • Termination for non-payment or breach: Iconoklast reserves the right to terminate the rental agreement with immediate effect if the Customer fails to pay any due rental fee after one written reminder (sent via email), or if the Customer otherwise breaches his obligations defined in section “Obligations of the Customer” of the Terms of service. In the event of such termination, the Customer must return the artwork within five (5) working days. If the return is delayed beyond this period, Iconoklast reserves the right to charge contractual damages in an amount of CHF 15 for Essentials, CHF 30 for Favourites and CHF 100 for Masterpieces per day, and to pursue a legal action to recover the artwork and the amount due for the contractually agreed period. Such a termination does not entitle the Customer to any reimbursement. Iconoklast reserves the right not to serve such Customer anymore.
  • Termination for other reasons: Iconoklast may terminate the rental agreement with three (3) months’ notice. In such cases, Iconoklast will assist the Customer in returning or changing the artwork without additional shipping costs.

Special considerations for Business Customers

Iconoklast offers tailored art rental services for businesses (“Business Customers”). The specific scope and pricing for rented artworks will be determined in a separate rental agreement with each Business Customer. Unless otherwise specified in the rental agreement, the following sections of the Terms of service are considered an integral part of the agreement:

  • Business Customers may rent artworks for display in commercial spaces, including but not limited to offices, lobbies, showrooms, or retail locations. The rented artwork is intended for display purposes only and may not be used for any other commercial purposes, such as reproduction, advertising, or merchandising, unless explicitly agreed in writing with Iconoklast.
  • Business Customers are prohibited from subleasing, transferring, or redistributing the rented artwork to third parties without prior written consent from Iconoklast. The artwork must remain at the business premises specified in the rental agreement unless otherwise authorized by Iconoklast.
  • Business Customers must take reasonable precautions to protect the artwork from damage, theft, or exposure to harmful conditions. Any significant damage to the artwork must be reported to Iconoklast immediately in writing (by email).
  • Business Customers are fully liable for any damage to or loss of the artwork that occurs during the rental period. This includes damage caused by employees, contractors, visitors, or clients on the business premises. Business Customers agree to indemnify and hold Iconoklast harmless from any claims, liabilities, damages, or expenses (including legal fees) arising out of the improper use, installation, or display of the artwork on their premises.

Dispute Resolution

Disputes or claims arising from or in connection with any contractual relationship between Iconoklast and Customers, including its validity, invalidity, breach or termination, shall be decided exclusively by the ordinary courts at the place of jurisdiction of Iconoklast. The contractual relationship is subject to Swiss substantive law, excluding conflict of law rules and international agreements.