Prop Store - Ultimate Movie Collectables - London - Los Angeles

TERMS AND CONDITION OF SALE

These Terms and Conditions of Sale (the “Conditions”), and Bidder Registration Form, when approved, constitute the entire agreement between The Prop Store of London, Inc. (“Prop Store”) and any person or entity (the “Bidder”) registering to participate in the auction (“Auction”) conducted by Prop Store and any lot of property (“Property”) offered for sale or sold therein, and supersede all prior discussion, negotiations and agreements between the Bidder and Prop Store, whether oral or written. 

1. Bidding Increments.

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. Purchase of Property and Payment.

1. When making a bid, every Bidder acknowledges that such bid is a binding offer to buy the Property at that price (plus the Buyer’s Premium, all applicable taxes, and any and all shipping charges).  All sales are final.

1. A Buyer’s Premium at a rate of 23% (the “Buyer’s Premium”) will be applied to all winning bids.  The purchase price of the Property shall consist of the Bidder’s winning bid on the Property (the “Hammer Price”) plus the Buyer’s Premium (the “Purchase Price”).  The Purchase Price does not include any duties, taxes, sales tax, VAT, and/or customs fees (where applicable), and shipping and handling charges.

1. Unless Prop Store has agreed to provide the Bidder with an extended a payment plan, as set forth in paragraph 2.6 herein, the Bidder shall pay the Purchase Price in full within 7 calendar days of being invoiced.

1. The Bidder agrees that Prop Store will charge the credit card provided at registration for all Property purchased at Auction, and any future Prop Store auctions in which Bidder participates if not paid within 7 calendar days after invoicing.

1. The Bidder shall be charged in US Dollars for the Purchase Price.  For all sales within California, sales tax at the prevailing rate (currently 9.5%) will be applied to the Purchase Price.  Delivery addresses outside California will be exempt from sales tax.

1. Payment plans may be available in 1, 2, or 3-month increments.  If Prop Store approves the payment plan for any purchase, the Bidder 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 (the “Balance”) shall then be split over 1, 2 or 3-months, at the Bidder’s option.  The payments of the Balance shall be made as follows:

1. If the 1-month payment plan is selected, the Balance shall be due within 30 days of the close of Auction.

1. If the 2-month payment plan is selected, 50% of the Balance shall be due within 30 days of the close of Auction and 50% of the Balance shall be due within 60 days of the close of Auction.

1. If the 3-month payment plan is selected, 33.33% of the Balance shall be due within 30 days of the close of Auction, 33.33% of the Balance shall be due within 60 days of the close of Auction, and 33.34% of the Balance shall be due within 90 days of the close of Auction.

1. 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, as set forth in paragraph 6.1 herein, Prop Store and/or the consignor of the Property shall also be entitled to any other remedies available, whether in law or equity.

1. No title to any Property shall pass to the Bidder except upon payment in full of the Purchase Price and any and all other sums due to Prop Store and/or the consignor of the Property.  Among other remedies available to Prop Store and the consignor, Prop Store and/or the Seller shall be entitled to immediate possession of the Property, if already delivered to the Bidder.  The Bidder shall return the Property to Prop Store within 3 business days of written demand by Prop Store of the return of the Property.

1. Prop Store vouchers and other discount codes are not valid as payment for Property purchased at Auction.

1. 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 the purchase, unless expressly stated otherwise in the product description.

3. Shipping and Delivery.

We strongly advise all Bidders to request a shipping quote prior to bidding.

1. The Bidder pays all shipping costs.  The Bidder is responsible for all fees including duties, taxes, sales tax, customs, and other charges for items shipped.  All Property must be shipped at the Bidder’s expense.  It is each Bidder’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 the Bidder’s local government and/or tax authority.  Prop Store will ship all packages with the full value of the goods declared.  The Bidder 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 or for complying therewith.

1. In the event that the Bidder refuses to accept a shipment due to import duty charges, and the item is returned to Prop Store, the Bidder 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 Property.  The balance of the price paid for the Property 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.

1. If the Bidder fails to pay for shipping and handling or make arrangements for shipment, delivery, or pickup of the Property within 14 calendar days from the due date of Purchase Price, or in the case of a payment plan pursuant to paragraph 2.6 herein, within 14 calendar days from the due date of the last payment of the Balance, a storage fee of 3% of the Hammer Price per month shall be charged to the Bidder.  In any event, if the Bidder has failed to pay the Purchase Price and the cost of shipping and handling, Prop Store, at its sole and absolute option, may cancel the sale.

4. Terms of Guarantee of Attribution.

1. Prop Store warrants the attribution of each lot of Property as stated in the title block (film title and item title) of that lot of Property 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 of Property is offered for sale); this is Prop Store’s Guarantee of Attribution.  Bidders 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 as to that description

1. If a Bidder demonstrates, to Prop Store’s reasonable satisfaction, that the Guarantee of Attribution is materially incorrect, the sale will be rescinded if the Property 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 Bidder to obtain, at the Bidder’s expense, the opinions of two experts in the field, mutually acceptable to Prop Store and the Bidder.

1. In the event a sale is rescinded in accordance with paragraph 4.2, Prop Store shall repay to the Bidder the Purchase Price.  Repayment of the Purchase Price shall be the Bidder’s sole remedy against Prop Store or the consignor of the Property 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 Bidder’s sole remedy under this clause.

1. The Bidder is aware that description revisions may occur on some lots of Property offered for sale in the Auction and should inquire before the Auction whether any description revisions have occurred on a given Property and/or examine the Property before bidding on it.  Prop Store will make all commercially reasonable efforts to make description revisions readily available during the Auction.  While Prop Store uses commercially 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.  Except as expressly provided in these Conditions, Prop Store shall have no liability to the Bidder in respect of any Property and all and any implied warranties and conditions are excluded to the fullest extent permitted by law.

5. Warranties and Representations.

1. The copyright in all images, illustrations and written material produced by or for Prop Store relating to this Auction (the “Images”), is and shall remain at all times the property of Prop Store.  The purchase of any Property in the Auction does not include ownership in or to the trade dress, trademark registrations, copyrights and/or any other intangible intellectual properties associated with the Property.  Therefore, purchase of the Property does not permit the Bidder to replicate or to otherwise exploit the Property.  The Bidder agrees to defend, indemnify, and hold harmless Prop Store and its shareholders, directors, officers, employees, parents, affiliates, subsidiaries, contractors, employees, representatives, 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 the Bidder arising out of or relating to the Bidder’s infringement of any copyrights, trademarks, or intellectual property in or to the Property or Images.

1. TO THE FULLEST EXTENT PERMITTED BY LAW, PROP STORE EXPRESSLY DISCLAIMS ANY WARRANTY FOR ANY PROPERTY OFFERED FOR SALE IN THE AUCTION.  SAID PROPERTIES ARE SOLD AND DELIVERED TO THE BIDDER “AS IS, WHERE IS, WITH ALL FAULTS.”  PROP STORE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY NATURE WHATSOEVER, EXPRESS OR IMPLIED, WITH RESPECT TO THE PROPERTY OFFERED FOR SALE, SPECIFICALLY INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF DESIGN, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, OR WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE, ALL OF WHICH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED.

1. The Bidder acknowledges that all items are sold as collectibles and/or memorabilia for display purposes only, and are not deemed, intended, represented, or implied to be fit for any other purpose.  Therefore, there are certain inherent risks associated with the use of any Property offered for sale in the Auction.  Except as otherwise specifically set forth herein, Prop Store makes no warranties as to the correctness of the description of the physical condition, size, quality, rarity, importance, medium, provenance, exhibitions, literature or historical significance of any of the above-described goods.  Furthermore, Prop Store accepts no liability whatsoever for the safety, reliability, durability or performance of any of the Property offered for sale in the Auction.  The Bidder assumes the entire risk arising out of the use or performance of such Property.  Nothing in this disclaimer may be construed as a warranty or representation by Prop Store that the Properties or any materials displayed on Prop Store’s website relating to the Properties will not infringe rights of third parties.  No oral or written statement made in the product description, advertisement, and bill of sale or elsewhere made by Prop Store shall be considered as a warranty or representation.

1. The Properties are not children’s products or childcare articles, as those terms are

defined in the U.S. Consumer Product Safety Act and should be kept out of the reach of children.

1. Except as otherwise specifically set forth herein, the 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 any Property purchased at Auction.  The Bidder understands and agrees that Prop Store and  its shareholders, directors, officers, employees, parents, affiliates, subsidiaries, contractors, employees, representatives, and agents (collectively, the “Released Parties”) shall have no liability for any such loss or injury and the Bidder does hereby release, acquit and forever discharge the Released Parties of and from any and all rights, claims, demands, liabilities, judgments, suits, expenses, actions, causes of action, damages, costs, losses, compensation, contracts, agreements and debts (including, without limitation, attorneys’ and consultants’ fees and costs) (collectively “Claims”) which Bidder now has or may hereafter have against Releasees whether known or unknown, suspected or unsuspected including, but not limited to, those arising out of or related to Bidder’s purchase, use, shipment, alteration and/or modification of any Property purchased at Auction.

1. The Bidder expressly agrees that the Released Parties shall not be liable in whole or in part, for, and the 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.

1. The 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.  The Bidder acknowledges and agrees that 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.

1. Any persons using Prop Store’s website (including browsing) for this Auction does so at the person’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 access to, or use of, the website.  Prop Store also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, the person’s computer equipment or other property on account of his/her/its access to, use of, or browsing in the website or downloading of any materials, data, text, images, video, or audio from the website.

6. General Provisions.

1. If the Bidder fails to comply with any material term in these Conditions, the Bidder shall be deemed to be in default and in addition to any and all other remedies available to Prop Store and/or the consignor by law, including, without limitation, the right to hold the Bidder liable for the Purchase Price, including all fees, charges and expenses as more fully set forth herein, Prop Store, at its sole and absolute discretion 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 the Bidder, or (b) resell the purchased item, or (c) effect any combination thereof.  In any case, the 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.  Prop Store may, in its sole and absolute discretion, apply any proceeds of sale then due or thereafter becoming due from the Bidder to Prop Store or any affiliated company, or any payment made by the Bidder to Prop Store or any affiliated company, whether or not intended to reduce the Bidder’s obligations with respect to the unpaid item or items, to the deficiency and any other amounts due to Prop Store or any affiliated companies.  In addition, a defaulting Bidder will be deemed to have granted and assigned to Prop Store and its affiliated companies, a continuing security interest of first priority in any property or money owed to such Bidder in Prop Store’s possession or in the possession of any of Prop Store’s affiliated companies, and Prop Store may retain and apply such property or money as collateral security for the obligations due to Prop Store or to any affiliated company.  Payment will not be deemed to have been made in full until Prop Store has collected good funds.

1. 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.

1. 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 Conditions.  The written consent constitutes an agreement by the parent or legal guardian to be bound thereby on behalf of the bidder.

1. These Conditions shall be enforced in accordance with and governed by the laws of the State of California, without regard to its choice of law provisions.

1. Any claim or controversy arising out of or relating to the sale of the item between the 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.
   
   PRIVACY POLICY
   
   1.    Introduction

This is our Privacy Policy. It tells you how we collect, process, and maintain data received from you on our site.

This privacy policy is effective as of June 5, 2015

If you have any comments or questions on this privacy policy, please email them to support@propstore.com.

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 support@propstore.com.

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 Bidder;

•      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.

7. Changes

From time to time, we may change our Privacy Policy.  If we do so, we will post the changes on this page.  At our option, we may also email you.  However, it is your responsibility to review our website for any changes to our Privacy Policy, regardless of whether we notify you of the same.