Policies
Terms of Use
- Introduction
These Terms of Use govern your relationship with Hang Up Pictures Limited, a company registered in England and Wales under company number 08187875 and with registered office at 10D Branch Place, Hoxton, London N1 5PH (“the Gallery”).
Your access to and use of the Website is subject exclusively to these Terms.
You can contact us via e-mail (info@hanguppictures.com), by telephone on Monday to Friday 10am-6pm (0044 203 667 4550) or by post (10D Branch Place, Hoxton, London N1 5PH).
- General Terms
- In these Terms, unless stated otherwise:
“Art” means the artwork which You have made an offer to purchase, as set out in a Contract;
“Art Market Professional” has the meaning attributed to it in the Artist’s Resale Right Regulations 2006;
“Buyer” means You as a purchaser of the Art from the Gallery;
“Contract” means the written agreement between the Gallery and You identifying the Art, the Purchase Price and/or any other terms as required and/or accepted by the Gallery and which is, with these Terms, the contract under which You purchase the Art;
“parties” mean the Gallery and You;
“Purchase Price” means the price stated on the Website plus any delivery and other charges as advised by the Gallery.
“Terms” means these Terms of Use;
“We” means the Gallery;
“Website” means www.hangupictures.com; and
“You” means you.
By accessing/using the Website You accept these Terms.
No change or modification of/to the Terms is valid unless it is in writing and signed by the Gallery.
You may not assign any rights under these Terms or to the Art without the consent of the Gallery.
The Terms constitute the entire understanding of the Gallery and You and supersede all prior discussions, negotiations, contracts, agreements and understandings, whether oral or written.
If any provision in these Terms is held by a court of competent jurisdiction to be illegal, invalid or unenforceable, the legality, validity or enforceability of the remaining provisions shall not be affected or impaired.
The Gallery will undertake such Anti-Money Laundering/Know Your Customer checks on You as it deems and in the event that the Gallery cannot verify You or if You are the subject of sanctions or other restrictions, whenever/wherever applied, the Gallery shall be entitled to terminate any relationship/purchase and block your access to the Website. Furthermore, You agree to promptly provide documents to enable the Gallery to comply with laws and regulations relating to Anti-Money Laundering including but not limited to the Money Laundering and Terrorist Financing (Amendment) Regulations 2019.
Nothing in these conditions shall be deemed to create an agency relationship, partnership, or any other similar relationship between the parties and for the avoidance of doubt, the Gallery shall not be or be deemed to be the agent of the purchaser for any purposes either.
A person who is not party to these Terms shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.
Save as otherwise set out in the Terms, nothing in these Terms affects the statutory rights of a consumer although, The Gallery reserves the right to treat You as an Art Market Professional and not a consumer.
The Terms are governed by the laws of England and Wales and both parties agree to the exclusive jurisdiction of the courts of England and Wales.
- In these Terms, unless stated otherwise:
- Use of Website
The access to and use of www.hangupictures.com by You is subject exclusively to these Terms and your compliance with them.
The Gallery reserves, asserts and retains all rights to the Website and all content thereon.
The Gallery will use reasonable efforts to ensure that the Website is functioning and is accurate. However, the Gallery does not guarantee or represent that the content shown on the Website as available is available, accurate, complete or current or that access to the Website will be uninterrupted.
The Gallery does not guarantee that any artwork shown on the Website or on any other marketing channels where the relevant art/gallery page is managed by it, is for sale at any time or, if stated to be for sale, is for sale at the then stated price. Furthermore, the Gallery does not guarantee the accuracy of any statements made on the Website including but not limited to price, condition and provenance nor on any other marketing channels where the relevant art/gallery page is managed by it.
Images of any artwork on the Website are for illustrative purposes only and whilst the Gallery has made a reasonable effort to display the colours accurately, the Gallery cannot guarantee that your computer's/PDA’s display of the colours accurately reflects the actual colour of the Art. Furthermore, the Gallery may use stock images so the Art may vary from those images. You, therefore, agree and acknowledge that any descriptions or illustrations contained in the Gallery’s marketing materials and all specifications and advertising issued by the Gallery and/or shown on the Website are provided for the sole purpose of giving an approximate idea of the Art described in them and that the Gallery is not bound by such descriptions which therefore do not form a part of these Terms, nor are they part of any Contract.
Images of and copyright in any Art are owned by the relevant artist and cannot be copied or downloaded without the prior written consent of the Gallery and/or the Artist.
Nothing on the Website should be considered as granting any license or right under any trademark of the Gallery, the artist or any third party.
The Gallery expressly disclaims all liability for any direct, indirect or consequential loss or damage occasioned from the use or inability to access/use the Website, whether directly or indirectly and whether resulting from inaccuracies, defects, viruses, errors (whether typographical or otherwise), omissions, out of date information or otherwise even if the Gallery has been advised of the possibility of such damage.
Accessing the Website and the downloading of material therefrom is done entirely at your own risk and the Gallery will not be responsible for any resulting damage to software or computer systems and/or any resulting loss of data even if the Gallery has been advised of the possibility of such damage.
You agree not to use the Website for any purpose that is unlawful or prohibited by law or these Terms or which could adversely affect the reputation of the Gallery. Furthermore, the Gallery may, in its absolute discretion, block an individual’s access to the Website, at any time and for any reason.
- Availability of Art
Notwithstanding that the Art is shown on the Website, on any other marketing channels where the relevant art/gallery page is managed by it or in other forms of correspondence, as available for purchase, it remains subject to availability and the Gallery will have no liability if any artwork (including the Art) is not available for purchase or the description/price is different to that shown on the Website, on any other marketing channels where the relevant art/gallery page is managed by it or in other forms of correspondence.
The Gallery will inform You as soon as reasonably practicable if the Art that You have enquired about is not available or if the stated description/price is different and You will have the option of continuing with the purchase or not. In the event that You have entered into a contract with the Gallery for the purchase of Art and the Art subsequently is not available as described and/or the Gallery cannot provide that Art or provide it at the price stated/agreed, any contract (if any) shall be void and the Gallery will have no liability under such contract other than to provide You with a refund of the monies (if any) paid by You.
- Condition of Art
The Gallery will use reasonable efforts to verify the condition of the Art and will use reasonable efforts to advise a Buyer of any material defects or if the Gallery has been advised that the Art has been restored.
However, and not withstanding clause 5.1 above, save as may be otherwise specifically warranted in the Contract, the Gallery makes no representation or warranty with regard to the authenticity, provenance or condition of the Artwork. For the avoidance of doubt, (a) the Gallery does not hold itself out as art-valuers or restorers and (b) if there were any third-party condition reports made available to the Gallery, the Gallery will rely on those but it is not required to obtain or provide You with any such reports. Furthermore, if the Artwork is framed, the Gallery will not remove and will not have removed the Artwork from the frame and therefore the Artwork is sold as seen.
You acknowledge that You have had the opportunity to inspect the Art prior to agreeing to any purchase, including but not limited to requesting remote viewing, photos and/or videos. For the avoidance of doubt, unless the You have raised (in writing) any outstanding or unanswered questions about the condition of the Art to the Gallery, You shall be deemed to have agreed and accepted the condition of the Art and its authenticity and provenance
You further acknowledge that (a) the Art is pre-owned and therefore (i) the condition may not be perfect and (ii) if framed, the Art may have burn or other marks including but not limited to creases/tears around or under any mounting/frame and therefore the Art is sold subject to such defects, (b) the Art is unique, rare and of high value and that the condition/value of the Art can be reduced by merely handling the Art and (c) the value of works of art may go down as well as up and You may not receive back the full Purchase Price if You decide to sell it. Furthermore, any information relating to the past valuation of any artwork, including but not limited to the Art, is not a guide to future performance.
Without limiting the generality of the above, You specifically acknowledges that the Gallery has no liability for any defect in the Art whenever or however it arises or becomes apparent, and whether it results from or through fair wear and tear or not or any failure to properly handle, store or hang the Artwork. Further, the Gallery provides no warranty or guarantee on materials or methods used to create the Art which may therefore be subject to normal or usual or unusual change or deterioration.
- Ownership of Art
Unless specifically specified in writing, the Gallery does not necessarily own the Art and may be acting on a consignment basis for the owner of the Art.
Under the Consumer Protection (Distance Selling) Regulations 2000, a consumer (as defined therein) has a statutory right to cancel for any reason, for a period of 14 days from the date a contract is concluded. If You are a consumer, if You have received the Art and if You exercise your right to cancel, You will be obliged to return the Art to the Gallery, at your cost and in the same condition and packaging as it was in when received by You and You will be responsible for any loss or damage to the Artwork until it is received by the Gallery. The Gallery will process any refund (less any costs incurred by the Gallery, including internal administrative costs, relating to the return) as soon as possible and, in any case, within 30 days of the later of the day on which the Gallery received notice of cancellation and the Artwork has been returned if in the same condition and packaging as it was when delivered to you.
Risk in the Art passes you to you immediately You have paid for it in full.
Title to the Art will pass to You 14 days after the date the Contract is concluded and the full amount of the Purchase Price has been received by the Gallery in cleared funds save that the Gallery shall be granted a lien over any Art from the date the Contract is concluded until the Purchase Price has been received by the Gallery in cleared funds and accordingly, You authorise the Gallery to exercise its rights, on notice, under any such lien in the event that You do not pay the Purchase Price in full in accordance with these Terms.
If the Art has a Certificate of Authenticity, such Certificate (and details of provenance as previously agreed above) shall be sent to You after the Art has been delivered.
- Making an Offer
If an Offer (as defined below) to purchase Art is made, by You, to the Gallery, the Gallery shall have no obligation to accept any such Offer and no Offer shall be deemed to be accepted unless the Gallery has sent You a signed Contract.
If a request is made by You for the Gallery to value Art, to validate the condition of Art or to approach its client base, the Gallery shall have no obligation to accept any such request and acceptance shall only be made in writing.
Any Offer/request must be made in writing (which includes via the Website) and addressed to The Gallery.
Notwithstanding clause 7.1, when You make an Offer, this is binding on You and You are committed to finalising the purchase of the work if your Offer is accepted.
Any Offer/request made by You or acceptance by You of a quotation provided by the Gallery will be governed by these Terms.
- Purchase Price and Payment
The purchase price stated on the Website does not include any insurance and/or delivery/shipping charges which will be as detailed in the invoice (or other relevant documentation) that will be issued by the Gallery to a Buyer once a Contract has been issued by the Gallery and therefore, the Purchase Price shall be the price stated in the Contract, not the purchase price shown on the Website.
All sales are conducted in GBP unless otherwise agreed by the Gallery in writing.
Payment shall be made to the Gallery’s bank account as detailed in the invoice that will be issued by the Gallery to a Buyer once a Contract has been issued by the Gallery.
Payment for Art and services must be made within 5 days, unless otherwise agreed upon in writing with the Gallery. If payment is not received within the period of 5 days, or within any mutually agreed-upon extended time frame negotiated with the gallery, the Gallery reserves the right to cancel the Contract.
You can reserve the Art or You can pay the Purchase Price in full.
To reserve the Art, a deposit of 20% of the purchase price stated on the Website is required (“Deposit”) and by making such a Deposit, this shall be treated as You making an offer (“Offer”) to the Gallery whereupon the Gallery agrees to not offer the Art for sale for a period of 7 days from the day the Deposit is received by the Gallery.
In the event that the Offer is accepted by the Gallery, the Gallery will promptly send You the Contract and You should sign and return the Contract within 7 days.
If You pay the Purchase Price in full using the payment mechanisms on the Website, this is treated as a conditional purchase and you acknowledge the purchase is not accepted by the Gallery until the Gallery has sent You a signed Contract. For the avoidance of doubt, the Contract will identify the Art, the Purchase Price and/or any other terms as required and/or accepted by the Gallery and You accept this may be different to the details shown on the Website.
If the Contract is not executed by You within 7 days of You receiving the Contract, You can request that the Deposit (or the Purchase Price if paid in full) be returned: if such a request is not received by it, the Gallery reserves the right to re-market the Art and return the Deposit/Purchase Price less a 2.5% administrative fee.
If there are any custom fees, duties or taxes that subsequently need to be applied to the collection/delivery of the Art, they remain your responsibility to pay/reimburse the Gallery.
The Gallery reserves the right to include in the Purchase Price, a fee to cover (a) bank or other charges, (b) foreign exchange conversion if payment is not received in GBP and (c) the Gallery’s internal administrative costs. Furthermore, In the event that the Purchase Price or any part thereof is paid in a currency (whether fiat, crypto or digital) that is not GBP, the Gallery reserves the right to increase the Purchase Price, before payment is received by it, to ensure that it receives the appropriate.
In the event that payment has not been received by the Gallery within 5 days of the Contract being executed, the Gallery shall be entitled to charge interest at a rate of 3.5% above the Gallery’s overdraft rate as published by the Gallery’s bankers.
- VAT
The Gallery’s VAT registration number is 944146717.
Sales of secondary market artwork operate on the margin scheme. Full details on how this scheme works can be found on the Government website.
- Artist Resale Rights
The Artist’s Resale Right Regulations 2006 entitle certain creators of original works of art to a royalty each time one of their works is resold through an auction house or art market professional. Whilst the Gallery is not acting as your agent, or an agent of the seller, the Gallery will, at its discretion, include the relevant royalty in the Purchase Price or will add it onto the Purchase Price and will pay the royalty to DACS on your behalf. Further details of this are available upon request.
- Insurance
Unless You have requested additional insurance be taken out by the Gallery and the Gallery has agreed to this in writing, the Gallery’s liability for claims of loss or damage whilst the Art is at the Gallery or stored by it, is limited to the lesser of the Purchase Price or the costs of repair/restoration, up to a maximum of £10,000.
Notwithstanding clause 11.1, You agree to insure the Art from the date that risk passes to you under clause 6.3.
- Cancellation
For the avoidance of doubt, and save with regard to the statutory rights referred to above, once the Art has been delivered to You, other than in respect of it being damaged during delivery or the Art not being materially as described, You will have no right to return the Art or request a refund.
- Collection
Artworks must be collected from the Gallery within 14 days of the Contract being executed unless otherwise agreed by the Gallery in writing.
Collection can only occur once the balance has been paid in full.
If collection is not completed 14 days, You will not be able to obtain a refund for the work for any reason, regardless of any mutually agreed-upon extended time frame of storage negotiated with the Gallery.
- Storage
If You do not collect the Art within the 14 days referred to above, You will incur storage charges. Storage charges will be charged to You at £10 + VAT per day. Once storage charges have begun, You will be required to pay these before You are able to collect the Art. If and when the storage charges equate to 75% of the value of the Art, the Gallery will be authorised to sell the Art to pay the storage.
- Delivery
If You have agreed with the Gallery that the Gallery will arrange for delivery, the Gallery will make its best effort to deliver the Art by the date agreed with You. However, until the Purchase Price including any shipping fees has been paid by You and received by the Gallery in cleared funds, the Gallery will not undertake or begin any of the logistics required for delivery
You must not unreasonably refuse delivery of the Art, or prevent or cause delay at any point prior to taking delivery of the Art.
The Gallery does not accept any responsibility for the Art being damaged/delayed as a result of the delivery company, courier or shippers. For the avoidance of doubt, the shipper shall be responsible for any damage.
If the parties agree that the Gallery shall arrange for export and shipment of the Art, You shall immediately comply with all the requirements of the Gallery and any relevant tax authority, the export licensing authorities, and any other relevant official bodies and You shall be responsible for identifying and paying any taxes (including, but not limited to, import tax, duty, merchandise, sales or user tax) payable in the country of destination, whether on shipment or on import or at any other time. Accordingly, (a) You, and not the Gallery, are responsible for the payment of any import or customs duties that may be payable on the Art and (b) You shall provide the Gallery, if requested by the Gallery, with all the relevant import/export documents and proof of payment of any export duties/taxes without delay and, in any event, within 5 days of such a request.
You shall reimburse the Gallery for any sum claimed if any tax authority or other official body makes any claim against the Gallery for VAT or any other export/import or other taxes (including, but not limited to, import tax, duty, merchandise, sales or user tax), and whether on export or import, expenses or penalties and whether or not resulting from your failure to comply with the relevant requirements (including timing requirements for import and export) provided that such expenses/penalties are not as a result of the Gallery’s fraud or gross negligence.
- Returns
You must inspect the Art promptly upon receipt and, within 48 hours of receipt of the Art, advise the Gallery of any damage, in writing (with HD photographs/videos), and then allow the Gallery or its representatives, access to the Art. The parties shall, acting reasonably, agree what the value of the Artwork is, compared to the Purchase Price and whether the Purchase Price shall be reduced, within a further 5 days. In the event that the parties cannot agree on the price reduction, the Gallery shall be entitled to have the Art immediately returned to it by You, at the Gallery’s cost, and it will either repair it (at its cost) or cancel the purchase in which case the Gallery shall repay the Purchase Price, less any insurance and delivery/shipping costs, to You, save that if there is a material delay (being longer than a further 3 days) in You responding to the Gallery, following the Gallery’s proposal as to how it proposes resolving the issue, the Gallery shall be entitled to assume that You have accepted the Art.
Unless otherwise prohibited by law, full reimbursement of the Purchase Price of the relevant Art, less insurance and delivery/shipping costs, shall be the Buyer’s sole remedy if the Art is returned for any reason whatsoever.
- Termination
The Gallery may terminate any Contract if You fail to make payment when due or You breach any other obligation of these Terms. In such circumstances, You shall return the Art whereupon the Gallery will return the Purchase Price, less insurance and delivery/shipping costs and less an administration charge of 7.5% of the Purchase Price.
The Gallery will notify You in writing of such termination and notwithstanding clause 17.1, is entitled to recover from You any losses it has suffered as a result of your breach of these Terms. In addition, and whether or not the Gallery terminates the Contract, You are liable for any and all costs incurred by the Gallery in connection with the collection of any unpaid funds.
The Gallery reserves the right to cancel or withdraw any art shown on the Website at any time and for any reason, at its sole discretion.
- Warranties
No employee of the Gallery is authorised to make any guarantee about the value of the Art or any future growth or value and on making an Offer, You acknowledge that no such statement/guarantee/warranty was made to You.
The Gallery gives no warranties, expressed or implied, and whether written or oral, statutory, express or implied, including without limitation, any warranty of merchantability or fitness for a particular purpose.
You warrant that (a) You acknowledge that the Art is unique, rare and of high value and that its value can be reduced by merely handling the Art, (b) You are purchasing the Art for your own account and not for the account or benefit of another person/firm, (c) You have the funds to pay the Purchase Price in full in one payment and (d) the Gallery has no fiduciary responsibility to You under these conditions or as a result of any of the services provided to You and/or the seller.
- Liability
If the Gallery fails to comply with these Terms, it will only be responsible for loss or damage that You suffer which is a direct result of the Gallery’s gross negligence, but it is not responsible for any loss or damage that is not a direct result of such gross negligence. In no event shall the Gallery be responsible for any consequential losses or loss of profit even if the Gallery had been made aware of the possibility of such losses.
If You fail to comply with these Terms, You will be responsible for loss or damage that the Gallery suffers but You are not responsible for any loss or damage that is not a direct result of such breach.
Nothing in these Terms shall limit or exclude liability for death or personal injury resulting from its negligence, for fraud or fraudulent misrepresentation;
In any event, the total liability of the Gallery shall be limited to the Purchase Price for the Art less insurance and delivery/shipping costs.
- Indemnity
You hereby agree to indemnify the Gallery and undertakes to keep the Gallery indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by the Gallery to a third party in settlement of a claim or dispute on the advice of its legal advisers) incurred or suffered arising out of any breach by You of any provision of these Terms or arising out of any claim that You have breached any provision of these Terms.
- Force Majeure
If the performance of a Contract or any obligation thereunder (including but not limited to delivery of the Art) is prevented, restricted, or interfered with by causes beyond either party’s reasonable control (“Force Majeure”), and if the party unable to carry out its obligations gives the other party prompt written notice of a such event, then the obligations of the party invoking this provision shall be suspended to the extent necessary by such event.
The term Force Majeure shall include, without limitation, strikes, accidents, delays of carriers, delays of delivery, delay of personnel or other causes unavoidable or beyond the control of the Gallery, acts of God, fire, explosion, vandalism, storm or other similar occurrence, orders or acts of military or civil authority, or by national emergencies, insurrections, riots, wars, supplier failures, shortages, breach, or delays. The excused party shall use reasonable efforts under the circumstances to avoid or remove such causes of non-performance and shall proceed to perform with reasonable dispatch whenever such causes are removed or ceased. An act or omission shall be deemed within the reasonable control of a party if committed, omitted, or caused by such party, or its employees, officers, agents, or affiliates.
- Personal Data
The Gallery will only use personal information in accordance with its Privacy Policy, a copy of which is available on the Website.
The Gallery takes reasonable care to ensure that any information provided to it including but not limited to personal information/data and data relating to any purchase is securely maintained. However, in the event that a third party obtains unauthorised access to any such information, the Gallery will not be liable for any loss an individual may suffer.
- Confidentiality
Each party agrees that it will not, directly or indirectly, disclose, divulge or communicate orally, in writing or otherwise, and must keep confidential, any confidential information disclosed by the other party in connection with these conditions including but not limited to the Purchase Price save that the Gallery may disclose such details as are required to be notified to The Design and Artists Copyright Society or The Artists Collecting Society pursuant to The Artist’s Resale Right Regulations 2006.
Notwithstanding the above, a party may disclose any information known or held by them and whose disclosure would otherwise be prohibited by the above if and to the extent (i) required by law or any other competent regulatory body, tax or otherwise, (ii) such disclosure takes place to that party’s professional advisers and/or (iii) is required for the purposes of any judicial proceedings arising out of these conditions.
You agree that if You are advised of or otherwise ascertains the identity of the seller, You will keep such information confidential and will not contact them directly or indirectly or advise any third party of their identity or that they have purchased or own the Art.
These Terms were last updated in July 2026.