Condition of Sale
1. When making a bid, every bidder acknowledges that such bid is a binding offer to buy the lot at that price (plus the Buyer’s Premium, all applicable taxes and any and all shipping charges). All sales are final.
2. A Buyer’s Premium at a rate of 25% (the “Buyer’s Premium”) will be applied to all winning bids. The purchase price shall consist of your winning bid on the lot plus the Buyer’s Premium (the “Purchase Price”).
3. Unless bidder has been extended a payment plan by Prop Store, as set forth in paragraph 4 herein, bidder shall pay the Purchase Price in full within 7 calendar days of being invoiced.
4. For orders with a total hammer price above $1000, payment plans may be available in increments of up to three (3) months. Orders with a total hammer price below $1000 are not eligible for payment plans and payment will be due in full within seven (7) business days. Payment plans may be available in 1, 2, or 3 month increments. Bidders wishing to utilize the payment plan service, if approved by Prop Store, shall be required to pay a deposit of 20% of the Purchase Price (the “Deposit”), within 7 calendar days of being invoiced. The balance of the Purchase Price shall then be split over 1, 2 or 3 months, at Bidder’s option. The payments of the remaining balance shall be made as follows:
4.1.1 If the 1-month payment plan is selected, the balance of the Purchase Price shall be due within 30 days of the close of the auction.
4.1.2 If the 2-month payment plan is selected: 40% of the Purchase Price shall be due within 30 days of the close of the auction; 40% of the balance of the Purchase Price shall be due within 60 days of the close of the auction.
4.1.3. If the 3-month payment plan is selected: 26.66% of the Purchase Price shall be due within 30 days of the close of the auction; 26.66% of the balance of the Purchase Price shall be due within 60 days of the close of the auction; and 26.68% due within 90 days of the close of the auction.
4.1.4. Prop Store offers no grace period on payment plan deadlines. If the Bidder does not adhere to payment deadline as set forth above, the bidder shall be deemed to be in default. In the event of default all funds already paid to Prop Store shall be retained by Prop Store as liquidated damages. Moreover, Prop Store and/or the Seller shall also be entitled to any other remedies available, whether in law or equity.
4.1.5. No title to any Property shall pass to Bidder except upon payment in full of the purchase price, including the Buyer’s Premium due, and any and all other sums due to Prop Store and/or the Seller. Among other remedies available to Prop Store and the Seller, Prop Store and/or the Seller shall be entitled to immediate possession of the lot purchased by Bidder, if delivered to Bidder.
5. Where Lots are not collected within 14 calendar days from the due date of payment, whether or not payment has been made, a storage fee of 3% of the Hammer Price per month shall be charged to the Buyer. If the Buyer has failed to pay the Purchase Price and the cost of shipping and handling, Prop Store, at its option may cancel the sale.
6. Prop Store vouchers and other discount codes are not valid as payment for auction items.
7. Only the memorabilia item shown in the photos of a given product listing is included in the sale. Mannequins, display stands, and scale measures are not included with your purchase, unless expressly stated in the product description.
8. Bidder agrees that Prop Store will charge the credit card provided at registration for all items purchased at auction, and any future Prop Store auctions in which Bidder participates if not paid within 7 calendar days after invoicing.
9. Bidder shall be charged in US Dollars for the Purchase Price. Sales tax, as required by law, shall be applied at the state's prevailing rate when being shipped to the following states:
Arizona - 5.6%
California - 9.5%
Illinois - 6.25%
Kansas - 6.5%
Michigan - 6%
New York – 8%
North Carolina - 6.75%
Ohio - 7.25%
Washington - 10.1%
Wisconsin – 5%
Utah – 4.85%
Delivery addresses outside of these states will be exempt from state sales tax.
10. Terms of Guarantee of Attribution
10.1. Prop Store warrants the attribution of each Lot as stated in the title block (film title and item title) of that Lot in the Auction catalogue, subject to any revisions (which may be given in writing or online before or during the Auction at which the Lot is purchased by the Buyer); this is Prop Store's Guarantee of Attribution. Buyers should be aware that multiple examples of props and costumes are frequently used during production and it is often impossible to determine whether a specific piece has been used on-camera. Any specific on-camera usage known to Prop Store will be noted within the description, but no warranties are given by Prop Store on that description.
10.2. If a Buyer demonstrates, to Prop Store’s reasonable satisfaction, that the Guarantee of Attribution is materially incorrect, the sale will be rescinded if the Lot is returned to Prop Store in the same condition in which it was at the time of sale. In order to satisfy Prop Store that the Guarantee of Attribution is materially incorrect, Prop Store reserves the right to require the Buyer to obtain, at the Buyer’s expense, the opinion of two experts in the field, mutually acceptable to Prop Store and the Buyer.
10.3. In the event a sale is rescinded in accordance with condition 10.2, Prop Store shall repay to the Buyer the Purchase Price. Repayment of the Purchase Price shall be the Buyer’s sole remedy for an incorrect Guarantee of Attribution, to the exclusion of all other remedies to the extent permissible at law. It is specifically understood that this will be considered the Buyer’s sole remedy under this clause 10.
10.4. The Buyer expressly agrees that Prop Store shall not be liable in whole or in part, for, and the Buyer shall not be entitled to recover, any special, indirect, incidental or consequential damages including loss of profits or value of investment or opportunity cost.
10.5. Bidders are aware that description revisions may occur on some Lots, and should inquire before the Auction whether any description revisions have occurred on a given Lot and/or examine a lot before bidding on it. Prop Store will make all reasonable efforts to make description revisions readily available during the Auction.
10.6. Except as expressly provided in these Conditions Prop Store shall have no liability to the Buyer in respect of a Lot and all and any implied warranties and conditions are excluded to the fullest extent permitted by law.
11. Warranties and Representations.
11.1. The copyright in all images, illustrations and written material produced by or for Prop Store relating to this auction, is and shall remain at all times the property of Prop Store. The purchase of these items does not include ownership in or to the trademarks registrations, copyrights and/or any other intangible intellectual properties associated with this item. Therefore purchase of this item does not permit the Bidder to replicate or to exploit this item otherwise. Bidder agrees to indemnify and hold harmless Prop Store and its directors, employees, affiliates, contractors and agents from any third-party claims, actions, suits, judgments, losses, damages, costs and expenses (including reasonable attorneys’ fees) asserted against or incurred by Prop Store that arise out of or result from any act or omission by Bidder arising out of or relating to Bidder’s infringement of any copyrights or trademarks in or to the items or Images.
11.2. Prop Store neither warrants nor represents that your use of any materials displayed on the site will not infringe rights of third parties not owned by or affiliated with Prop Store.
11.3. Prop Store makes no warranty or representation regarding the fitness for any purpose or merchantability of any lot sold. All lots are sold “as is.”
11.4. Bidders are aware that description revisions may occur on some Lots, and should inquire before the Auction whether any description revisions have occurred on a given Lot and/or examine a lot before bidding on it. Prop Store will make all reasonable efforts to make description revisions readily available during the Auction. While Prop Store uses reasonable efforts to include accurate and up to date information in this auction, Prop Store makes no warranties or representations as to its accuracy. Prop Store assumes no liability or responsibility for any errors or omissions in the content of the auction. Any reference images appearing within Prop Store's auction listings are solely for reference purposes and are not intended or deemed to be a representation or warranty of the item depicted within the image.
11.5. All items are sold as collectibles and/or memorabilia for display purposes only, and are not permitted for commercial use or deemed, intended, represented, or implied to be fit for any other purpose. Bidder assumes all risks of loss and/or injury, including, but not limited to, personal injury or property damage, arising from or related to any other use of the item. Bidder understands and agrees that Prop Store and the Consignor and their parent, related and subsidiary entities shall have no liability for any such loss or injury and Bidder expressly releases Prop Store and the Consignor and their parent, related and subsidiary entities from any such loss or injury.
11.6. Except as expressly provided herein, Prop Store shall have no liability to Bidder with respect to any Lot and all and any implied warranties and conditions are excluded to the fullest extent permitted by law.
11.7. Bidder expressly agrees that Prop Store shall not be liable in whole or in part, for, and Bidder shall not be entitled to recover, any special, indirect, incidental or consequential damages including loss of profits or value of investment or opportunity cost, for any breach of any warranty, representation, or guarantee set forth herein.
11.8. Each bidder acknowledges and agrees that the technology and the website provided by prop store in connection with the auction is “as is,” without any warranties of any kind and that prop store does not represent or warrant that the technology or the website will be uninterrupted or error free. Each bidder acknowledges and agrees that the prop store shall have no liability, responsibility or obligation for any claim, demands, causes of action or damages of any kind arising out of or relating to any interruptions or errors in the technology or the website offered or utilized in connection with the auction.
12. Bidder/s (including browsing) of this auction is at Bidder’s own risk. Neither Prop Store nor any other party involved in creating, producing, or delivering this listing is liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, the site. Prop Store also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, Bidder’s computer equipment or other property on account of Bidder’s access to, use of, or browsing in the Site or Bidder’s downloading of any materials, data, text, images, video, or audio from the site.
13. If any applicable conditions herein are not complied with (to a material extent), Bidder will be in default and in addition to any and all other remedies available to us by law, including, without limitation, the right to hold Bidder liable for the total purchase price, including all fees, charges and expenses more fully set forth herein, we, at our option and to the extent permitted by law, may (a) cancel the sale of that, or any other items sold to the defaulting Bidder, retaining as liquidated damages all payments made by Bidder, or (b) resell the purchased item, or (c) effect any combination thereof. In any case, Bidder shall be liable for any deficiency, any and all costs, handling charges, late charges, expenses of both sales, legal fees and expenses, collection fees and incidental damages. We may, in our sole discretion, apply any proceeds of sale then due or thereafter becoming due to Bidder from us or any affiliated company, or any payment made by Bidder to us or any affiliated company, where or not intended to reduce Bidder’s obligations with respect to the unpaid item or items, to the deficiency and any other amounts due to us or any affiliated companies. In addition, a defaulting Bidder will be deemed to have granted and assigned to us and our affiliated companies, a continuing security interest of first priority in any property or money of our owing to such Bidder in our possession or in the possession of any of our affiliated companies, and we may retain and apply such property or money as collateral security for the obligations due to us or to any affiliated company of ours. Payment will not be deemed to have been made in full until we have collected good funds.
14. Except where expressly stated to the contrary above, under no circumstance will Prop Store incur liability to a Bidder in excess of the purchase price actually paid.
15. Bids will not be accepted from those persons under the age of eighteen (18) without the written consent of said person’s parent or legal guardian. Written consent must acknowledge the terms and conditions of sale. The written consent constitutes an agreement by the parent or legal guardian to be bound thereby on behalf of the bidder.
16. The terms and conditions of sale herein described shall be enforced in accordance with and governed by the laws of the State of California, without regard to its choice of law provisions.
17. Any claim or controversy arising out of or relating to the sale of the item between Bidder and Prop Store shall be submitted to arbitration in Los Angeles County, California before an arbitrator from the Judicial Arbitration and Mediation Services, Inc. (“JAMS”) and conducted under its Comprehensive Arbitration Rules, as the exclusive remedy for such claim or controversy. Both parties further agree that the arbitration shall be conducted before a single JAMS arbitrator who is a retired California or federal judge or justice. By agreeing to arbitrate, the parties waive any right they have to a court or jury trial. The decision of the arbitrator shall be final and binding. The parties further agree that, upon application of the prevailing party, any Judge of the Superior Court of the State of California, for the County of Los Angeles, may enter a judgment based on the final arbitration award issued by the JAMS arbitrator, and the parties expressly agree to submit to the jurisdiction of this Court for such a purpose. The prevailing party shall be entitled to recover the party’s attorneys’ fees and costs incurred in connection with the arbitration.
The following are the set bid increments for the Auction.
• $10 - $50 by $10
• $50 - $500 by $25
• $500 - $2,000 by $100
• $2,000 - 5,000 by $250
• $5,000 - $10,000 by $500
• $10,000 + by $1,000
2. Who We Are
Our site address is www.propstore.com
Our company name is The Prop Store of London, Inc. d/b/a Prop Store
Our registered address is 28014 Harrison Pkwy, Valencia, CA 91505
3. What we collect
We may collect, maintain, and use the following data about you:
Your first and last name;
Your home address or other physical address provided by you;
Your telephone number; and
Your email address.
In order to register to bid in our Auction and to use our site, you must create an online account. Once you have created your account, you may update or change your personally identifiable information at any time through your online account.
4. How we use what we collect
We use information about you to:
• Present site content effectively to you;
• Provide information, products and services that you request, or (with your consent) which we think may interest you;
• Carry out our contracts with you;
• Allow you to use our interactive services, if you want to;
• Tell you our charges; and/or
• Tell you about other goods and services that might interest you or for our general marketing purposes.
If you do not wish to have us use the collected data for our marketing purposes, you can opt out by checking the box on our registration form, or by contacting us at any time at firstname.lastname@example.org.
5. Disclosing your information
You understand and agree that we are allowed to disclose your information in the following cases:
• To our consignors;
• If we want to sell our business, or our company, to the potential buyer;
• To any of our affiliates, subsidiaries, parents, or related companies;
• Pursuant to a court order or other requirement under applicable law; and
• To governmental agencies or other entities as necessary to protect against fraud.
6. Links to other sites
Please note that our terms and conditions and our Private Policy will not apply to other websites that you may access via a link from our site. Should you visit other websites through any links provided from our site, please be advised that these other websites will not have access to any personally identifiable information you provided to us. We do not share your personally identifiable information with these other websites.
We strongly advise all bidders to request a shipping quote prior to bidding.
Buyer pays all shipping costs. The buyer is responsible for all fees including duties, taxes, sales tax, customs and other charges for items shipped. All property must be shipped at the buyer's expense. It is each buyer's sole obligation and responsibility to be aware of, to comply with, and to bear all relevant import duties, taxes, customs and other fees charged by buyer's local government and/or tax authority. Prop Store will ship all packages with the full value of the goods declared. Buyer understands and agrees that Prop Store shall have no obligation or responsibility for any import duties, taxes, customs, shipping or other charges for the items shipped.
It is the Buyer's responsibility to ensure that any property purchased from Prop Store enters the shipping location lawfully, that all duties and taxes have been paid and that all required export procedures, regulations, and laws were properly complied with. Buyer understands and agrees that Prop Store shall have no obligation or responsibility for complying with any export procedures, regulations, or laws applicable to the property.
In the event that a customer refuses to accept a shipment due to import duty charges, and the item is returned to Prop Store, the customer shall be subject to a charge of 20% of the purchase price of the returned item, plus all shipping charges incurred in the shipment and return shipment of the item. The balance of the price paid for the item will be issued only as a store credit to be used against future purchases. Store credits are proprietary to each office of Prop Store, and may not be transferred to another office.