Terms & Conditions of Sale

Terms and Conditions– Between Hypha Curates and Buyer

1. About Hypha Curates

Hypha Curates is an online platform that connects independent artists ("Artists") with buyers (“Buyers”). We support both emerging and established Artists by offering space, exposure, and thoughtful curation. Through our curatorial platform, Hypha Curates, at www.hyphacurates.com (the “Platform”), we shine a light on Artists whose work deserves to be seen — from painting and sculpture to lens-based media, installation, performance, and everything in between. While Hypha Curates facilitates sales, all artworks (“Artworks”) are created and supplied by the individual Artists. Hypha Curates is not the creator, manufacturer, or direct seller of the Artworks. Each submission is reviewed by a rotating panel of trusted curators, artists, and creatives. If selected, Artworks may be featured on our Platform, in newsletters, or in partner spaces.

Artworks available for sale on the Platform are created, supplied, and sold by the individual Artists. Hypha Curates is not the creator, manufacturer, or seller of the Artworks and does not make any representations or warranties regarding them.

Hypha Curates is owned by Hypha Studios, a Charity registered in England and Wales (England & Wales No. 1194915; Scotland No. SC053768) whose registered address is Unit 3, Euston Tower, 286 Euston Road, London, NW1 3AS. Hypha Studios provides free studios and exhibition spaces for artists across the UK. Purchasing through the Platform directly supports Artists, with the Artist receiving 70% of the net sale price and Hypha Studios receiving 30% of the gross sale price.

For any questions or concerns regarding these Terms, please contact us at cc@hyphacurates.com.

2. Purpose and Effect

These Terms and Conditions of Sale (the "Terms") govern the agreement (“Agreement”) between you (the “Buyer”, “you”) and Hypha Curates regarding the purchase of Artworks through our Platform. To the fullest extent permitted by law, no other terms, whether express or implied, shall apply to the Agreement. By placing an order on the Platform, you confirm that you have read, understood and agreed to be bound by these Terms. If you do not agree, you must not proceed with your purchase.

3. Artwork Information and Availability

1. Hypha Curates shall make all reasonable efforts to ensure that all information about Artworks (including descriptions, dimensions, colours, and images) is accurate. However, such information is provided for guidance only and does not form part of the Agreement. Variations may occur due to: individual monitor settings; photographic limitations, and the handmade or unique nature of Artworks. Hypha Curates does not warrant that Artwork descriptions, images, or other content on the Platform are accurate, complete, reliable, current, or error-free. Any representation on the Platform as to the origin, date, age, attribution, authenticity or sale price is a statement of opinion only. Such statements do not constitute a representation warranty or assumption of liability by Hypha Curates. 

2.  All Artworks are offered by the Artist subject to availability. While we strive to maintain an accurate inventory, Artworks may occasionally become unavailable after order placement.

3.  In the event the Artwork you order is not available, we will promptly notify you. You may then: 

1.  Accept a substitute Artwork (if offered by the Artist and agreed upon by you); otherwise, 

2.  Cancel the order for a full refund; or

3.  If multiple Artworks were purchased, proceed with the available items and receive a refund for the unavailable Artwork. 

4.  Originality of Artworks 

Unless stated otherwise, all Artworks offered for sale by the Artist on the Platform are original works by the listed Artist, which are not reproduced for commercial sale elsewhere or licensed to third parties. Hypha Curates does not conduct independent verification regarding the authenticity of the Artwork or its legal compliance (including whether it infringes intellectual property rights or violates applicable laws). However, Hypha Curates reserves the right to remove any Artwork that is found to violate these terms or applicable law. 

5.  Pricing and Payment

1. All prices are displayed in GBP (£) and are inclusive of VAT where applicable. Prices do not include delivery costs, which will be calculated in accordance with Clause 7. Any fees associated with currency conversion for payments made in a currency other than GBP are the Buyer's responsibility. 

2. Hypha Curates reserves the right to change prices at any time without prior notice, though confirmed orders will be honoured at the price stated at checkout. 

3. We accept payment via all major credit cards and debit cards, but our preferred method is bank transfer. All payments are processed securely through our third-party payment gateway providers. Hypha Curates does not store your credit card details.

4. Your order will only be processed once full payment (including any applicable currency conversion fees) has been received and cleared. Title to the Artwork will not pass to the Buyer until the artwork is dispatched by the Artist and Hypha Curates received full payment of the purchase price plus all applicable fees in cleared funds.

5. For eligible purchases, Buyers may request approval from Hypha Curates for a 12-month payment plan. In such cases, the Artwork will be dispatched only after the first payment is cleared and title to the Artwork will remain with the Artist until all payments under the plan have been received in full. You agree not to withhold any payment due to Hypha Curates for any reason, including disputes, set-offs or counterclaims.

6. It is the Buyer’s responsibility to check and coordinate the payments of any artist’s resale rights (“ARR”) with the relevant art market professional should these become applicable upon a future sale of the Artwork. 

6.  Order Process and Acceptance

1. To place an order, you must follow the instructions on the Platform. This typically involves selecting the Artwork(s) you wish to purchase, adding them to your cart, and proceeding to checkout.

2. After placing an order, you will receive an email from Hypha Curates acknowledging receipt of your order ("Order Confirmation"). This email does not constitute acceptance of your order; it merely confirms that we have received it.

3. A binding contract of sale is formed between you (the Buyer) and the Artist when we send you a Dispatch Confirmation email, confirming the Artwork has been dispatched. While Hypha Curates facilitates this transaction through the Platform, the contract remains exclusively between the Buyer and the Artist. Notwithstanding the formation of the Buyer-Artist contract, the Buyer remains fully bound by all these Terms and Conditions with Hypha Curates.

4.  Hypha Curates reserves the right to refuse any order for any reason including, but not limited to, unavailability of Artwork, errors in pricing or description, or suspicion of fraudulent activity. If the Platform is  unable to accept your order, the Platform will inform you using the email address you have provided and offer a full refund if payment has already been processed.

7.  Delivery and Transfer of Liability

1. Delivery costs are calculated based on the Artwork's dimensions, weight, and the delivery destination. The Artist and/or Hypha Curates will provide you with a shipping quote during checkout or promptly after order confirmation. You shall pay all delivery charges either: (a) directly to the approved shipper upon arrangement of shipment; or (b) to Hypha Curates as part of the total invoice amount, where Hypha Curates acts as a payment agent for the shipper. You acknowledge that shipping quotes are estimates only and final charges may vary due to changes in carrier rates, special handling requirements or unforeseen circumstances.

2.  The Artist shall dispatch the work within 14 days of Hypha Curates confirming receipt of cleared payment. Delivery times are estimates only and may vary due to factors beyond our control, including but not limited to customs delays, courier delays, logistical disruptions, or the Artist’s location. Hypha Curates shall not be liable for any delays and time of delivery shall not be of the essence under this Agreement. The Buyer must provide all necessary documentation (e.g., customs forms, contact details) to facilitate delivery. 

3. The Artwork will only be delivered to the address specified in the Buyer’s order. It is your responsibility to ensure that the delivery address provided is accurate and complete. Hypha Curates will not be responsible for any delays, failed deliveries, or additional costs resulting from an incorrect, incomplete or undeliverable address.

4. You must ensure that someone is present to accept delivery. Upon delivery, you (or a nominated recipient) must inspect the Artwork immediately for damage before signing for acceptance. Failure to do so may result in a waiver of any claims for transit-related damage. 

5. If an Artwork arrives damaged or defective, you must notify Hypha Curates within 24 hours of delivery, providing photographic evidence. Upon validation and acceptance by Hypha Curates, we will arrange a return at our cost and offer a replacement (if available) or full refund. Claims made after 24 hours of delivery will not be accepted.

6. For Artworks shipped by the Artist, risk of loss, damage, or theft transfers to you upon the shipper’s delivery of the Artwork, and the Artist is required to maintain insurance coverage during transit, with proof of such insurance to be provided to Hypha Curates upon request. For Artworks shipped by Hypha Curates, risk transfers to you upon the shipper’s collection of the Artwork. In all cases, we strongly recommend you obtain your own insurance coverage from the moment risk transfers to you. Hypha Curates shall not be liable for any loss, damage or deterioration occurring after risk has transferred to you. 

7. The Artist may, with prior agreement, deliver the Artwork directly. The Buyer acknowledges that for such deliveries, the Artist assumes all liability for the artwork until it is formally received and signed for by the Buyer or their authorised agent at the final delivery address. Upon taking receipt of the Artwork, the Buyer assumes full responsibility for it. The Consignee shall bear no liability for any loss, damage, or discrepancy that is not reported by the Buyer at the time of delivery or that occurs after the Artwork is in the Buyer's possession. The Buyer hereby agrees to indemnify and hold the Consignee harmless from any and all claims, costs, or damages arising from the condition of the Artwork after delivery has been completed.

8. If requested by you, we may facilitate third-party insurance in respect of the transportation of the Artwork to you. However, whether or not such third-party insurance is purchased by you, Hypha Curates: (a) shall not be liable for any loss, damage or delays during the course of the transportation of the Artwork from us to you; (b) does not guarantee the adequacy of coverage; and (c) provides no warranties regarding the insurer’s claims process. The Buyer agrees that any insurance claims must be pursued directly with the insurer, and Hypha Curates shall have no involvement in such disputes. For the avoidance of doubt, the costs of such third-party insurance shall be borne by you in addition to the cost of the Artwork.

8.  Export, Charges and Taxes 

1. We currently only sell Artwork by Artists in the United Kingdom to Buyers based within the United Kingdom. 
   

2. In the unusual circumstance that the Artwork is to be exported from the United Kingdom, we will make appropriate arrangements for the export and shipment and may charge a reasonable fee for such services. Unless expressly agreed in writing by Hypha Curates, the Agreement is not conditional upon the granting of any requisite export or import licence or permission. While both parties will use reasonable efforts to obtain necessary approvals, Hypha Curates shall not be liable for delays or failures caused by regulatory authorities.

3. Each party will, to the extent applicable:

1. comply fully with all requirements of any relevant tax authorities (that is, any authority imposing, administrating or collecting any tax, duty or levy, including HM Revenue and Customs), any export or import licensing authorities and any other relevant official bodies; and

2. promptly obtain and provide all the relevant documents proving lawful export/import.

4. The Buyer shall fully indemnify Hypha Curates against any VAT, sales tax, use tax, penalties or claims by tax authorities arising from the Buyer’s failure to comply with any export/import requirements. This includes reimbursement of all costs (legal, administrative or otherwise) incurred by Hypha Curates due to such non-compliance.

5. If the Artwork is sold for export but not actually exported, the Buyer agrees to pay all applicable VAT charges. Hypha Curates reserves the right to invoice the Buyer retrospectively for such amounts.

6. For Artworks imported by Hypha Curates on the Buyer's behalf (where applicable), Hypha Curates will pre-pay import taxes and invoice the Buyer for reimbursement prior to delivery.

6. The Buyer will be responsible for paying any taxes, duties and levies, including but not limited to import tax, duty, merchandise, sales or use tax, that must be paid in the country of destination whether on shipment or on import or at any other time. Hypha Curates shall not advise on such charges, intervene in disputes with foreign authorities or refund orders due to unexpected import costs.

9.  Cancellations and Refunds

1. Where you are considered a consumer under the Consumer Rights Act 2015, you have a right to cancel this Agreement within 14 days from the day after you receive the Artwork. This is known as the "Cooling-Off Period."

2.  To exercise your right to cancel, you must notify Hypha Curates in writing (via email to sales@hyphacurates.com) or through the Platform’s cancellation form within the Cooling-Off Period, clearly stating your order details. Failure to comply with this timeline voids your cancellation right.

3. If you cancel your order within the Cooling-Off Period, you must return the Artwork undamaged and in its original condition (including packaging) to the artist or Hypha Curates) (as instructed) without undue delay and in any event within 14 days of notifying cancellation. The cost and risk of returning the Artwork will be your responsibility. Hypha Curates reserves the right to reject returns that do not meet these conditions. 

4. Upon receipt of the returned Artwork, Hypha Curates or the Artist will inspect the Artwork. If the Artwork shows damage, wear, or diminished value due to improper handling, we may deduct a proportionate amount from your refund to reflect the loss in value. Refunds exclude premium shipping costs (if you opted for a non-standard delivery method).

5.  Refunds will be issued within 14 days of confirming the Artwork’s return, using the original payment method. No refunds will be processed until the Artwork is received and verified.

10. Title and Intellectual Property

1.  Full legal title to the Artwork shall not pass to the Buyer until the Artwork is dispatched by the Artist and Hypha Curates has received and cleared all sums due for the Artwork and any other amounts owed to us for other purchases by you on the Platform.

2. Ownership of the physical Artwork does not transfer any intellectual property rights to the Buyer. All intellectual property rights in the Artworks, including but not limited to copyright, trade marks, and associated imagery and materials, remain exclusively with the Artist or their licensors. For the avoidance of doubt, this sale does not constitute a transfer, assignment, or license of any intellectual property rights unless expressly agreed in writing by the Artist. You are purchasing the Artwork, but not the right to produce copies of the Artwork (including photographs thereof) for publication or perform any other act restricted by copyright. If such rights are sought, you should contact the copyright owner. 

3. In the exclusive case of digital editions or NFTs purchased through Hypha Curates, the Buyer shall receive a non-exclusive, non-transferable license to privately view and display the digital asset solely for personal, non-commercial use. This license does not permit reproduction, distribution, public performance, modification, creation of derivative works, or any commercial exploitation unless specifically authorised in writing by the Artist.

4. All content on the Hypha Curates Platform, including but not limited to logos, branding, text, images, and the overall design and layout of the site, is the property of Hypha Curates or its contributors and is protected by intellectual property laws. No portion of the Platform may be copied, reproduced, distributed, displayed, or otherwise used without the prior express written permission of Hypha Curates or the relevant rights holder. Any unauthorised use of the Platform's content or intellectual property may result in legal action, including but not limited to claims for injunctive relief and damages.

11. Limitation of Liability

1. Notwithstanding any other provisions herein, Hypha Curates' liability shall not be excluded or limited for: (a) death or personal injury caused by its negligence; (b) fraud or fraudulent misrepresentation; or (c) any matter where liability cannot lawfully be excluded under applicable law.

2. Subject to Clause 11.1, Hypha Curates shall not be liable for any indirect, special, incidental or consequential damages including but not limited to lost profits, business interruption, reputational harm or emotional distress arising from: the purchase or use of Artworks; Platform operations; third-party misuse of content; changes to exhibition plans; or events beyond our reasonable control. While we exercise professional care, Hypha Curates assumes no liability for Artwork condition/authenticity (which remain the Artist's responsibility), description/pricing errors, or technical interruptions.

3. Subject to Clause 11.1, Hypha Curates' total aggregate liability to you under these Terms (whether in contract, tort or otherwise) shall not exceed the purchase price paid for the relevant Artwork(s).

4. Hypha Curates give no warranties, representations or undertakings save where expressly set out in these Terms. All implied terms and warranties (whether statutory or otherwise) are, to the fullest extent legally possible, excluded. 

12.  Data Protection and Privacy

Hypha Curates collects, uses, and stores your personal data in accordance with its Privacy Policy, which is available on the Platform. By using the Platform and placing an order, you consent to such processing, and you warrant that all data provided by you is accurate.

13.  Entire Agreement

1. These Terms, together with our Privacy Policy and any other documents referenced herein, constitute the entire agreement between you and Hypha Curates regarding the sale of Artworks through the Platform, and supersedes all previous agreements, understanding and arrangements between us, whether in writing or oral, in respect of their subject matter.

2. You acknowledge and agree  to these Terms and any documents referenced within them and shall have no remedies in respect of, any representations or warranty that is not expressly set out in these Terms. You shall not have any claim for innocent or negligent misrepresentation on the basis of any statement in these Terms and any documents referred to within them.

14. Severability

If any provision of these Terms (or part of any provision) is or becomes illegal, be invalid or unenforceable by a court of competent jurisdiction, the legality, validity and enforceability of any other provision of these Terms shall not be affected and will remain in full force and effect.

15. Waiver

No failure, delay or omission by Hypha Curates in exercising any right, power or remedy provided by law or under these Terms shall operate as a waiver of that right, power or remedy, nor shall it preclude or restrict any future exercise of that or any other right or remedy. No single or partial exercise of any right, power or remedy provided by law or under these Terms shall prevent any future exercise of it or the exercise of any other right or remedy.

16. Third Party Rights

Neither party intends for the Terms to be enforceable by a third party pursuant to the Contracts (“Rights of Third Parties”) Act 1999. No one other than a party to these Terms. shall have any rights or remedies arising from these Terms. 

17. Governing Law and Jurisdiction

These terms and any non-contractual obligations arising from or in connection with them and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with the laws of England and Wales. Both parties irrevocably agree that the courts of England shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms or their subject matter or formation (including non-contractual disputes or claim).

18. Disputes

We will try and resolve any disputes between you and us in relation to the Artwork quickly and efficiently. If you are unhappy with us, please contact us as soon as possible using the contacts details provided. If a dispute between us cannot be resolved or you are unhappy with the outcome, you may want to use alternative dispute resolution (“ADR”). ADR is a process for resolving disputes between you and us that does not involve going to court. 

19. Unfair Contract Terms Act 1977

In the case of a consumer contract within the meanings of the Unfair Contract Terms Act 1977, these conditions shall not apply to the extent that they would be rendered void or unenforceable by virtue of the provisions thereof. 

20. Variation

We reserve the right to vary these Terms from time to time. Our updated Terms will be displayed on the Platform and by continuing to use and access the Platform following such changes, you agree to be bound by any variation made by us. It is your responsibility to check these Terms from time to time to verify such variations. 

21. Anti-Money Laundering (AML) and Counter-Terrorist Financing Compliance

1.  Hypha Curates strictly adheres to all applicable Anti-Money Laundering ("AML") and Counter-Terrorist Financing ("CTF") laws and regulations, including the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 (MLRs), as amended. These requirements apply to: (a) single transactions of €10,000 or more, or (b) multiple linked transactions reaching this threshold within any 12-month period. By using the Platform, Buyers expressly agree to fully cooperate with all AML/CTF compliance procedures.

2. For qualifying transactions or where risk factors are present, Hypha Curates will conduct Customer Due Diligence ("CDD") which may require: verification of identity (including government-issued photo ID and proof of address); identification of beneficial owners for corporate/trust structures; confirmation of source of funds/wealth; screening against global sanctions/PEP databases; and disclosure of transaction purpose. Enhanced due diligence applies automatically to all private sales and secondary market transactions facilitated through the Platform.

3. Buyers must promptly supply all requested documentation and information. Hypha Curates reserves the absolute right to: (a) delay transaction processing pending verification; (b) refuse any transaction where CDD cannot be completed; or (c) terminate existing business relationships where AML/CTF concerns arise, without liability for any resulting losses. No transaction shall be deemed final until all compliance checks are satisfactorily completed.

4. All transaction records and CDD documentation will be maintained for seven years from the conclusion of the business relationship, or longer where required by law. Buyers consent to such retention and processing of their personal data for compliance purposes.

5.  Hypha Curates is legally required to report suspicious activity to relevant authorities without notice to affected parties. This reporting obligation supersedes any confidentiality provisions and extends to: (a) known or suspected money laundering/terrorist financing; (b) attempted transactions; and (c) any circumstances giving reasonable grounds for suspicion.

6. Buyers acknowledge that Hypha Curates is prohibited from disclosing: (a) the existence/content of any suspicious activity report; (b) ongoing AML investigations; or (c) the reasons for refusing/terminating transactions. Any such disclosure ("tipping off") constitutes a criminal offense under UK law.

22.  Contact Us

If you have any questions about these Terms, your order, or any Artwork, please contact us at:

Hypha Curates Email: sales@hyphacurates.com