Terms of Use

  1. Introduction
    1. These Terms 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”) and apply to all quotations, offers, orders and contracts for sale of Art. Please ensure that you read these Terms carefully, and check that the details on any quotation, offer, order or contract and in these Terms are complete and accurate. If you think that there is a mistake, please contact the Gallery to discuss, and please make sure that you ask us to confirm any changes in writing to avoid any confusion.
    2. You can contact us via e-mail (info@hanguppictures.com), by telephone on Monday to Friday 11am-5.30pm (0044 203 667 4550) or by post (10D Branch Place, Hoxton, London N1 5PH) Please include details of your name and, if relevant your order/Art to help us to identify it.
  2. General terms
    1. In these Terms, unless stated otherwise:
      1. Art means the artwork sold/to be to the Buyer by the Gallery, as set out in a Contract;
      2. Buyer means a purchaser of the Art from the Gallery;
      3. Contract means a written agreement between the Gallery and you and identifying the Art, the purchase price and/or any other terms as required and/or accepted by the Gallery;
      4. Terms means the terms and conditions set out in this document;
      5. We means the Gallery;
      6. Website means www.hangupictures.com; and
      7. You means you.
    2. By continuing to access/use the website you accept these Terms.
    3. No change or modification of/to the Terms (including changes to any quote, offer, order or quote) is valid unless it is in writing and signed by the Gallery.
    4. The Terms constitute the entire understanding of the parties and supersede all prior discussions, negotiations, contracts, agreements and understandings, whether oral or written.
    5. 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.
    6. Save as otherwise set out in the Terms, nothing in these Terms affects the statutory rights of any consumer. If you buy and sell artworks, we reserve the right to treat you as an art market professional and not a consumer.
    7. The Terms are governed by the laws of England and both parties agree to the exclusive jurisdiction of the English courts
  3. Use of Website
    1. The access to and use of www.hangupictures.com by you is subject exclusively to these Terms.
    2. The Gallery reserves, asserts and retains all rights to the website and all content thereon.
    3. The Gallery will use reasonable efforts to ensure that the website is functioning correctly and is accurate. However, the Gallery does not guarantee or represent that the content that is available or accessible via the website will be accurate, complete or current or that access to the website will be uninterrupted.
    4. Any images of any artwork on the website are for illustrative purposes only and whilst the Gallery has made reasonable effort to display the colours accurately, the Gallery cannot guarantee that your computer's display of the colours accurately reflects the actual colour of the artwork or 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 artwork described in them. The Gallery is not bound by such descriptions which do not form a part of these Terms, nor are they a part of any Contract.
    5. Images of and copyright in any artwork are owned by the relevant artist and cannot be copied or downloaded without the prior written consent of the Gallery and/or the Artist.
    6. 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.
    7. The Gallery expressly disclaims all liability for any direct, indirect or consequential loss or damage occasioned from the use or inability to 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.
    8. 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.
    9. You will not use the website for any purpose that is unlawful or prohibited by law or these Terms.
  4. Availability of Art
    1. Notwithstanding that artworks are shown on the website as available for purchase, they remain subject to availability and the Gallery will have no liability if any artwork is not available for purchase or the price is different to that shown on the website.
    2. The Gallery will inform you as soon as practicable if the Art that you have enquired about is not available. In the event that a Buyer has entered into a contract with the Gallery for the purchase of Art and the Art subsequently is not available or because there was an error on the website and the Gallery cannot provide that Art or provide it at the price stated/agreed on the website, any contract shall be void and the Gallery will have no liability under the contract other than to provide you with a refund of the monies (if any) paid by you.
    3. All prices are subject to change without notification, and while every effort is made to ensure the accuracy of the prices displayed on the website, they are not guaranteed to be accurate. Furthermore, if any price is different from that displayed on the website and you have expressed a firm interest in such Art, the Gallery will inform you as soon as practicable and you will have the option of continuing with the purchase or not.
    4. All sales are conducted in GBP unless otherwise agreed by the Gallery in writing.
    5. The purchase price does not include any delivery charges.
  5. Condition of Art
    1. 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, if the Art is pre-owned, the condition may not be perfect and if framed, the Art may have burn marks around or under any mounting. Art is therefore sold subject to such non-material defects.
    2. The Art may be delivered framed or unframed. If framed, the frame will encase the product and is separate from the actual delivery packaging for the Art.
    3. You understand that the Art is unique, rare and of high value and that the value of the Art can be reduced by merely handling the Art.
    4. 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 past valuation of any artwork, including but not limited to the Art, is not necessarily a guide to future performance.
  6. Ownership of Art
    1. Unless specifically specified, the Gallery does not necessarily own the Art and maybe acting as agent of the owner of the Art.
    2. Title to, and risk in, the Art will pass to a Buyer 7 days after the full amount of the purchase price and any related fees/charges have been received by the Gallery in cleared funds.
    3. If the Art has a Certificate of Authenticity, such Certificate (and details of provenance as previously agreed above) shall be sent to the Buyer after the Art has been delivered.
  7. Making an Offer
    1. If an offer to purchase Art is made, by you, to the Gallery, the Gallery shall have no obligation to accept any such offer.
    2. 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.
    3. Any offer/request must be made in writing (which includes via the website) and addressed to The Gallery.
    4. Any offer/request made by you or acceptance by you of a quotation provided by the Gallery will be governed by these Terms.
  8. Purchase Price and Payment
    1. To reserve Art, a deposit of 20% of the purchase price is required (the “Deposit”).
    2. The Gallery will not offer the Art for sale for a period of 7 days from the day the Deposit is received by the Gallery. If a Contract is not executed within this period, a prospective Buyer can request that the Deposit is returned: if such request is not received, the Gallery nonetheless reserves the right to re-market the Art and return the deposit less a 2.5% administrative fee.
    3. The purchase price shall be the price stated in the Contract not the price shown on the website.
    4. Any fees, duty or taxes applied will be billed to and paid by the Buyer.
    5. Payment shall be made in GBP and is due in full at the time the Contract is executed by the Buyer, unless agreed otherwise in writing.
    6. Payment shall be made to the Gallery’s bank account as detailed in an invoice that will be issued by the Gallery to a Buyer once a Contract has been issued by the Gallery.
    7. In the event that payment has not received by the Gallery within 14 calendar 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.
  9. VAT
    1. The Gallery’s VAT registration number is 944146717.
    2. The Gallery cannot refund VAT for goods sold outside of the EU.
    3. Sales of secondary market artwork operate on the margin scheme. Full details on how this scheme works can be found on the Government website .
  10. Artist Resale Rights
    1. The Artist’s Resale Right Regulations entitle 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 an agent of the seller or the purchaser of Art, and therefore is not deemed to be an art market professional in any sale/purchase of Art, the Gallery will, at its discretion, include the relevant royalty in the stated purchase price or will add it onto the purchase price and will pay the royalty to DACs on a quarterly basis. Further details of this are available upon request.
  11. Insurance
    1. 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 greater of the purchase price or repair/restoration, up to a maximum of £10,000.
    2. Insurance is underwritten by XL Catlin Insurance Company UK Ltd.
  12. Cancellation
    1. If the Buyer is an individual, is contracting as a consumer and has entered into a contract for the purchase of Art by distance selling means (for example, via the telephone or online using the website), the Buyer has a statutory right to cancel for any reason. The Buyer’s statutory right to cancel a contract starts from the date of the Contract.
    2. If the Buyer is an individual and is contracting as a consumer and cancels the contract between it and the Gallery within the statutory seven-day cooling-off period referred to above, the Gallery will process the refund due to the Buyer (if the Buyer has paid any monies under the contract) as soon as possible and, in any case, within 30 days of the day on which the Buyer gave the Gallery notice of cancellation.
    3. For the avoidance of doubt, and save with regard to the statutory rights referred to above, once the Art has been delivered to the Buyer, other than in respect of damage or the Art not being materially as described, the Buyer will have no right to return the Art or request a refund.
  13. Storage
    1. Art must be collected from the Gallery or instructions given as to delivery/shipping/storage within 21 calendar days of the Buyer having paid for the Art.
    2. If no instructions are given such that the Art remains uncollected after this period, it will be moved to the Gallery’s offsite storage facility. All work moved to such storage facility is subject to a £50 (plus VAT) administration/processing charge and a further £25 (plus VAT) per week/part week charge to cover insurance and storage) calculated as from the date of the Contract. Furthermore, the Gallery shall have a lien over the Art for the fees and shall not be obliged to deliver the Art to a Buyer unless and until the fees have been paid to it.
    3. You will be advised of the costs of delivery once payment has been received by the Gallery or earlier if you request it.
  14. Delivery
    1. The Gallery will make its best effort to deliver the Art by the agreed date. All delivery dates are estimates only and time of delivery is not of the essence.
    2. The Gallery does not accept any responsibility for the Art being damaged/delayed as a result of the delivery company, courier or shippers.
    3. The Gallery is not responsible for the payment of any import or customs duties that may be payable on the Art.
  15. Returns
    1. The Buyer must inspect the Art immediately upon receipt and must raise any queries or complaints in writing within 3 calendar days of having received the Art or if the Gallery is storing the Art, within 21 calendar days from the date that the purchase price was paid, otherwise the Art is deemed to have been accepted by the Buyer and for it to be in the condition stated in the Contract.
    2. You must advise the Gallery, in writing, of any damage or the Art not being materially as described within 3 Business Days of the delivery date through the provision of high-resolution photographs and an independent assessment of the damage. You shall also allow the Gallery or their representatives to inspect such damage. Time is if the essence and after the time periods referred to, you will be deemed to have accepted the Art in its then condition.
    3. In the event of damage to the Art or the Art not being materially as described, the Buyer must return the Art to the Gallery within 7 calendar days. In this case, the Gallery will refund the price of the Art. The Buyer will be responsible for the cost of returning the Art to the Gallery.
    4. If the Art is not returned within the above referenced period, the sale is deemed final and no returns of the Art will be accepted even if the Art has not been delivered.
    5. Unless otherwise prohibited by English law, full reimbursement of the purchase price of the Art, less insurance and delivery costs, shall be the Buyer’s sole remedy if the Art is returned for any reason whatsoever.
  16. Termination
    1. The Gallery may terminate any Contract if the Buyer fails to make payment when due or substantially breaches any other obligation of these Terms. In such circumstances the Buyer shall return the Art whereupon the Gallery will return any payments made to it by the Buyer less an administration charge of 7.5% of the purchase price and any other storage fees.
    2. The Gallery will notify the Buyer in writing of such termination and is entitled to recover from the Buyer any losses it has suffered as a result of the Buyer’s breach of these Terms. In addition, and whether or not the Gallery terminates the Contract, the Buyer is liable for any and all costs incurred by the Gallery in connection with collection of any unpaid funds.
  17. Warranties
    1. No employee of the Gallery is authorised to make any guarantee about the value of the Art or any future growth or value and you acknowledge that no such statement/guarantee/warranty was made to you.
    2. 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.
    3. You warrant that (a) you acknowledge that the Art is unique, rare and of high value and that the value of the Art can be reduced by merely handling the Art and (b) if you enter into a Contract you are purchasing the Art for your own account and not for the account or benefit of another person/firm.
  18. Liability
    1. If the Gallery fails to comply with these Terms, it will be responsible for loss or damage that the Buyer suffers which is a direct result of the Gallery’s negligence, but it is not responsible for any loss or damage that is not a direct result of such breach. 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.
    2. 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.
    3. Nothing in these Terms shall limit or exclude liability for death or personal injury resulting from its negligence, for fraud or fraudulent misrepresentation;
    4. In any event, the total liability of the Gallery shall be limited to the purchase price for the Art.
  19. Indemnity
    1. The Buyer hereby agrees 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 Buyer of any provision of these Terms or arising out of any claim that Buyer has breached any provision of these Terms.
  20. Force Majeure
    1. If 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 such event, then the obligations of the party invoking this provision shall be suspended to the extent necessary by such event.
    2. 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.
  21. Personal Data
    1. The Gallery will only use your personal information in accordance with its Privacy Policy, a copy of which is on the website. For the avoidance of doubt, the Gallery will use personal information for the administration and servicing of any order or Contract and other related activities and therefore the Gallery may disclose your personal information to its agents and service providers and other members of the Gallery for this purpose. The Gallery takes reasonable care to ensure that any information you provide to the Gallery including but not limited to personal information/data and data relating to any purchase/sale 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 you may suffer.
  22. Confidentiality
    1. 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 Terms including but not limited to the purchase price. to any other person or firm save that the Gallery may disclose details The Design and Artists Copyright Society pursuant to The Artist’s Resale Right Regulations 2006.

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