CONDITIONS OF SALE
These terms and conditions of sale (as updated by Propstore from time to time) (“Conditions”) set out the legal relationship between the Bidder/Buyer, Propstore and the Seller. By registering to bid and/or participating in a Propstore Auction, you will be deemed to have read and agree to be bound by these Conditions.
1. Definitions
1.1 When the following words are used in these Conditions, they mean:
Additional Premium: a premium calculated in the manner set out in these Conditions relating to the payment of royalties under the Artist’s Resales Rights Regulations 2006 (as amended), payable by the Buyer to Propstore on any Lot marked ‘ARR’.
Auction: a sale by live auction hosted by Propstore.
Auction Period: the set number of days the auction is open for active bidding.
Bidder: any person or organisation, properly registered and/or approved by Propstore to participate in the Auction who makes, considers making or attempts to make a bid to buy a Lot at Auction.
Buyer: the person or organisation making the highest bid or offer for a Lot accepted by Propstore or its auctioneer (as applicable), including a principal bidding as agent.
Buyer’s Expenses: a fee of 5% plus VAT (if applicable) of the Hammer Price charged to the Buyer for a Lot won where an Online Bidding Platform has been used to bid, payable by the Buyer to Propstore.
Buyer’s Premium: a commission of 26% (or £30, whichever is higher) plus VAT (if applicable) of the Hammer Price for a Lot, payable by the Buyer to Propstore.
Cryptocurrency: the virtual or digital currency accepted by Propstore from time to time as payment for a Lot, using Propstore’s chosen payment processor as notified to the Buyer.
Entry: a written statement in the Auction catalogue identifying the Lot and its Lot number, which may also contain a photograph of the Lot taken by Propstore. Please note however any photographs or stills extracted from a TV or film production that appear in the Auction catalogue are provided for illustrative purposes only and do not form part of the Entry. They are not a confirmation that the Lot appeared within the scene portrayed in the relevant photograph or still. Any specific on-camera usage of the Lot known to Propstore will be noted within the Entry.
Guarantee of Attribution: Propstore’s limited guarantee relating to the provenance of each Lot, as set out in Condition 10.
Hammer Price: the highest bid for a Lot accepted by the auctioneer at the Auction or the post-Auction sale price of that Lot (as applicable).
Lot: each item or group of items consigned by the Seller to Propstore to be made available for sale at an Auction, as detailed in the Entry.
Online Bidding Platform: has the meaning given to that term in Condition 6.5.5.6.
Outstanding Fees: has the meaning given to that term in Condition 7.14.2.3.
Payment Plan: an option made available at Propstore’s discretion for a Buyer to pay for a Lot by deposit and then interest-free instalments over a period of up to 3 months in accordance with these Conditions, where the Buyer’s total Auction invoice for the Hammer Price exceeds £2,000 (unless specified otherwise with respect to an individual Lot). For clarity, a Seller’s individual Lot may have a Hammer Price of equal to or less than £2,000 but still form part of the Buyer’s overall Auction invoice that includes multiple Lots with a cumulative Hammer Price that exceeds £2,000 and therefore qualifies for a Payment Plan.
Propstore: Prop Store Limited (company number 08622002) of Great House Farm, Chenies, Rickmansworth, Hertfordshire, WD3 6EP. Propstore is also referred to in these Conditions by the words “we”, “us” and “our”.
Purchase Price: the Hammer Price plus Buyer’s Premium and, where applicable, plus the Buyer’s Expenses, the Additional Premium, VAT and other sales taxes.
Reserve Price: (where applicable) the minimum price at which the Seller has authorised Propstore to sell a Lot.
Seller: the person or organisation offering the Lot for sale, including their agents or personal representatives.
VAT: value added tax at the prevailing rate in the United Kingdom at the date the Lot sale occurs.
Working Days: a day other than a Saturday, Sunday or bank or public holiday in England.
you or your: the person or organisation reviewing these Conditions and, where applicable, means the Bidder or Buyer.
2. Propstore as Agent
2.1 Unless the Entry is marked ‘Δ’ indicating that Propstore sells the Lot as principal, Propstore acts as agent for the Seller. When we act as agent for the Seller, that means we are not personally responsible to you for any breach of contract or other default by the Seller. The contract for the sale of the Lot is made between the Seller (as principal) and the Buyer.
3. Catalogue Entry and Condition of Lots
3.1 All Lots are sold subject to their condition at the date of the Auction. The nature and age of the Lots means they are often unique and may have wear and tear, damage and other imperfections and may have been totally or partially restored or repaired. By making a bid, the Bidder accepts the actual condition of the Lot and acknowledges that if a bid is successful, the Buyer will buy the Lot from the Seller ‘as is’, with such faults and imperfections.
3.2 Propstore’s staff are not professional restorers so the Entry for a Lot, images and statements of condition in Propstore’s brochure or on its website are for illustrative purposes only. Poster Lots in the Auction may have undergone restoration. Propstore staff will make reasonable efforts to identify any restoration and this will be disclosed within the Entry. Propstore cannot guarantee that colours are properly shown. Save for the Guarantee of Attribution (see Condition 10), all Lots are sold ‘as is’.
3.3 To avoid doubt, Propstore cannot and does not warrant any restoration or the longevity of any restoration work carried out at any point in a Lot’s lifetime. Bidders are encouraged to inspect Lots and satisfy themselves as to condition before bidding, taking independent professional advice where required.
3.4 Condition reports are available for each Lot upon request. However, Propstore is not entering into a contract with you in respect of any condition report provided and accordingly, to the fullest extent permitted by applicable law, does not accept any responsibility to you in connection with it. Any condition report provided represents a guide as to the Lot’s general condition in the manner stated in the report and Propstore does not represent or warrant that the condition report is complete or accurate.
3.5 Lots are sold only as collectibles and unless stated expressly to the contrary, Propstore makes no representation or warranty that any Lot is fit for any other purpose.
3.6 Mannequins, display stands, scale measures and other display equipment are not included with the Lots unless expressly stated in the Lot Entry.
4. Estimates
4.1 Lot estimates are simply a guide given by Propstore on behalf of the Seller and should not be relied upon as to advice on the Lot’s value or likely bids, Hammer Price or the ultimate Purchase Price, which could be significantly higher. Estimates do not take into account any Buyer’s Premium, Buyer’s Expenses, Additional Premium, VAT, sales taxes or any other costs or fees payable by the Buyer as detailed elsewhere in these Conditions.
4.2 Propstore reserves the right to amend any Lot estimate at any time and without notice.
5. Before the Auction
5.1 Bidder Registration
5.1.1. If you wish to make a bid, you will need to register with Propstore before participating at an Auction. Propstore may however, at our discretion, forgo that registration requirement from time to time (this is typically the case if you have a previous purchase history with us).
5.1.2. If your registration is required by us, the registration form made available by us must be completed in full and you will need to provide us with a valid Visa, MasterCard, American Express or Discover credit card details. Your credit card details will be held on file by Propstore. If you are registering for an Auction, you must also provide Propstore with the following form of identification, if you are:
5.1.2.1. an individual, at least one (1) form of ID (this must include one (1) government-issued photo identification). If this does not state your current address, proof of address will also be required;
5.1.2.2. an entity (such as a corporation, limited company or partnership), such information requested by us from time to time. Please contact Propstore on +44 (0)1494 766485 for details on the information required; or
5.1.2.3. a person registering as an agent to bid on behalf of a third party, appropriate identification documents as set out above for yourself and for the third party on whose behalf you are authorised to make a bid. You must also provide to Propstore a signed authorisation from the third party confirming your authority to participate at the Auction on their behalf. Please note, any person placing a bid on behalf of another (whether they have disclosed that fact) will be jointly and severally liable with the principal to Propstore and the Seller under these Conditions.
5.1.3. Propstore reserves the right at its discretion to request such additional information from time to time to complete our registration and identification processes, and to decline to register or otherwise deregister any person as a Bidder.
5.1.4. Without limiting Condition 5.1.3, a person may not register to bid on behalf of another person that has previously been prohibited from registering in any Auction by us.
5.2 Lot Viewings. During the pre-Auction viewing period set out in the Auction catalogue, any Bidder may preview Lots free of charge by prior appointment with Propstore.
5.3 Bidders outside the United Kingdom
5.3.1. If the Bidder is based outside the United Kingdom, the Bidder should ensure in advance of the Auction that the Lot can be exported from the United Kingdom and imported into the country of destination. No sale will be cancelled because the Lot may not be imported into the country of destination.
5.3.2. Propstore’s recommended third-party independent freight agent can advise Bidders on relevant export licensing regulations and may submit export licence applications upon request (subject to their acceptance of your request). Neither Propstore nor its recommended freight agents can guarantee that any licences, permits or consents will be granted.
6. During the Auction
6.1 Our rights. Propstore reserves the right to:
6.1.1. refuse admission to any person at an Auction in its sole discretion, without stating a reason;
6.1.2. decide whether an Auction proceeds, whether any Lot is included in the Auction, and the way the Auction is conducted (including, without limitation, the order Lots shall be sold notwithstanding the numbers given to Lots in the catalogue or that an Auction may be held without facilitating in-room bidding); and
6.1.3. refuse participation at the Auction, to reject any bid and to nominate any bidding increment Propstore considers appropriate. Bids may not be accepted from unregistered bidders and all Bidders must be 18 or over.
6.2 Reserve Price. Lots may be offered subject to a Reserve Price. Where a Reserve Price applies, it will not exceed the low estimate stated in the Auction catalogue. Propstore may disclose or keep confidential the Reserve Price at its discretion.
6.3 Auction Electronic Displays (Live auction section). Auctions will be tracked on a video or digital screen, which may display, among other things, a photograph of the Lot offered for sale and the then-current bid. Bidders understand and agree that errors may occur in its operation and, except as expressly stated in these Conditions, Propstore shall have no liability arising out of or related to any errors or omission in respect thereto.
6.4 Auction Recordings and Photography (Live auction section). By participating in and/or attending an Auction, you consent to be filmed and/or photographed and agree and authorise Propstore to use and publish such film and/or photographs, name and likeness for use in:
6.4.1. providing online access to the Auction;
6.4.2. recording the results of the Auction;
6.4.3. print, digital, online and all other media for marketing purposes (including without limitation, on Propstore’s website, YouTube and other online platforms); and
6.4.4. in any other Propstore publications of whatever nature.
To the fullest extent permitted by applicable law, you release Propstore and hold us harmless from any reasonable expectation of confidentiality or privacy associated with such images and release Propstore and any third parties involved in the making, creation or publication of the videos, images or any marketing or other materials from all and any liability for claims made in respect of such publication. Publication of the videos or images in whatever format confers no right of ownership on you or right to royalties or payment. A designated physical area at the Auction will be set aside if you do not wish to be filmed or photographed. If you wish to withdraw consent, please email support@propstore.com.
6.5 Bidding
6.5.1. 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, Buyer’s Expenses (if applicable), Additional Premium (if applicable), all applicable taxes and all shipping charges, storage and other costs). A successful Bidder will be deemed to be the Buyer unless it has been explicitly agreed in writing with Propstore before the start of the Auction that the Bidder is acting as agent on behalf of an identified third party acceptable to Propstore (and registered with Propstore), and only then will Propstore regard that third party as the Buyer. In such circumstances, the Bidder acting as agent confirms that they are authorised to bind the third party and that the Buyer has been made aware of and accepts these Conditions. Please note, any person placing a bid on behalf of another (whether they have disclosed that fact) will be jointly and severally liable with the principal to Propstore and the Seller under these Conditions.
6.5.2. All bids are by individual Lot unless stated to the contrary. Subject to Condition 6.1.2, Lots will usually be sold in their numbered sequence.
6.5.3. All bids must be made in English only.
6.5.4. All bids must be made in Pound Sterling (GBP). Propstore (including, the auctioneer) has the right to exercise reasonable discretion in refusing any bid, advancing the bidding in such a manner as they may decide, withdrawing or dividing any Lot, combining any two or more Lots and, in the case of error or dispute (whether during or after the sale), determining the successful Bidder, continuing the bidding, cancelling the sale or reoffering and reselling the Lot in dispute. If any dispute arises after the sale, then, in the absence of any evidence to the contrary the sale record maintained by Propstore (including, the auctioneer) will be conclusive.
6.5.5. The following provisions apply in relation to Auctions: (Live auction section)
6.5.5.1. The auctioneer may accept bids from Bidders present in the sale room, via telephone or online, or written bids delivered to Propstore before the Auction commences.
6.5.5.2. Propstore will use reasonable efforts to execute written bids delivered before an Auction for Bidders unable to attend the Auction in person, by an agent or by telephone or online. All such written bids must be made on Propstore’s ‘Absentee Bids Form’ which can be found in the printed and PDF Auction catalogues and on the Auction listing page.
6.5.5.3. Written bids will be executed at the lowest possible price, considering the Reserve Price.
6.5.5.4. If Propstore receives written bids on a particular Lot for identical amounts and at the Auction these are the highest bids on the Lot, it will be sold to the Bidder whose written bid was received and accepted first by Propstore.
6.5.5.5. Telephone Bidders must provide to Propstore a list of Lots on which they intend to bid at least 24 hours before the start of the Auction. Telephone bids will only be accepted on Lots with a low-end estimate of at least £500 and telephone calls may be recorded by or on behalf of Propstore.
6.5.5.6. Online bidding at Propstore Auctions is made available via third party platforms (each an “Online Bidding Platform”). The Bidder’s use of each Online Bidding Platform is subject to the relevant third-party provider’s terms of use and is at your own risk. Winning online bids using an Online Bidding Platform in connection with items at an Auction will be subject to payment of Buyer’s Expenses. Propstore has no control over any Online Bidding Platform and accepts no responsibility in connection with your use of them and/or their accessibility, security or stability.
6.5.5.7. The auctioneer may open the bidding on any Lot below the Reserve Price by placing a (non-identified) bid on behalf of the Seller. The auctioneer may continue to execute (non-identified) bids on behalf of the Seller up to the Reserve Price only, either by placing consecutive bids or by placing bids in response to other Bidders. No bids may be made by the Seller up to, and in excess of, the Reserve Price.
6.5.5.8. At its discretion, Propstore reserves the right to apply a bidding cap or suspend bidding privileges to individual Bidders at any point during the Auction period. The cap will be withdrawn once evidence has been submitted to Propstore’s satisfaction that all bids are genuine, the Bidder has the means to complete the purchase(s) and any other security checks Propstore may be obliged to carry out have been completed.
6.5.5.9. Subject to the auctioneer’s reasonable discretion, the Bidder placing the highest bid accepted by the auctioneer (subject to any applicable Reserve Price) will be the Buyer and the striking of his hammer marks the acceptance of the highest bid and the conclusion of a contract for sale between the Seller and the Buyer. However, please note, if a bid is received shortly after the striking of his hammer (as determined by the auctioneer in his reasonable discretion), the auctioneer reserves the right to reopen the Auction for the Lot and shall determine the highest accepted bid.
6.5.6. The following provisions apply in relation to Auctions: (Online auction section)
6.5.6.1. Each Lot is open for bidding for a set number of days (the Auction Period). The Auction Period is stated on the Auction page and individual Lot pages on the website. If any bid is placed within the final five (5) minutes of the Auction Period, the Auction Period will automatically be extended by five (5) additional minutes. Please note that the timer may reflect that the remaining Auction Period is “0” but the Auction Period has not concluded because it has been extended by a bid made within the last minute. It is the Bidder’s responsibility to refresh the page to determine whether the Auction Period has been extended. In any event, the Auction Period for any Lot shall not be deemed completed until it states “Closed”.
6.5.7. Employees of Propstore may bid in any Auction, however they will have no advantage over other Bidders.
6.5.8. The procedure for placing bids online during Auctions is a one-step process; as soon as the “Place Bid” button (or similar) is clicked, a bid is submitted. By bidding online, the Bidder accepts and agrees that bids submitted in this way are final and that the Bidders will not under any circumstances be permitted to amend or retract their bid. If a successful bid is sent to Propstore from the computer, electronic or mobile device used by you to place the bid, you irrevocably agree to pay the full Purchase Price if you are the highest Bidder.
6.5.9. The record of sale (i.e., Propstore’s records that relate to the sale) will be taken as absolute and final in all disputes. In the event of a discrepancy between any online records or messages provided to you and the record of sale, the record of sale will govern.
6.5.10. Save as expressly stated in these Conditions and to the fullest extent permitted by applicable law, Propstore accepts no liability for errors or omissions in respect of bids made online, by telephone or in writing.
6.5.11. Propstore and/or Propstore’s auctioneer may accept or decline bids at its (or their) entire discretion.
7. After the Auction
7.1 Invoicing. Propstore will notify successful Bidders and send (by email unless requested otherwise) a payment invoice setting out the Purchase Price and itemising the Hammer Price and Buyer’s Premium (and, where applicable, Buyer’s Expenses and Additional Premium) plus any applicable VAT and other sales taxes and costs within 7 calendar days of the end of the Auction.
7.2 Risk in the Lot. To the fullest extent permitted by applicable law, risk and responsibility for the Lot (including frames or glass where relevant) passes to the Buyer on the earlier of: 7 calendar days from the date of the Lot sale; on collection of the Lot by the Buyer; or shipment of the Lot to the Buyer (whether arranged by the Buyer or Propstore). We recommend the Buyer arranges insurance cover from the point risk in the Lot passes to them. The term ‘risk’ has a specific legal meaning that you may not be familiar with. While not intended to limit that legal meaning, to give you an understanding on that term, it is generally considered to mean: the possibility that a Lot may be lost, damaged, destroyed, stolen, or deteriorate in condition or value.
7.3 Returns. Bidders acknowledge and accept that, due to the one-of-a-kind nature of the Lots, Propstore only guarantees the provenance of Lots to the extent set out in the Guarantee of Attribution (see Condition 10) and, to the fullest extent permitted by applicable law, Propstore will not accept returns of any Lots and will not issue refunds, credits or exchanges except as provided for in the Guarantee of Attribution.
7.4 Payments
7.4.1 Unless a Payment Plan (as set out in Condition 7.4.3 below) has been agreed by Propstore, all payments are due from the Buyer within 7 calendar days from the date of Propstore’s invoice.
7.4.2 Propstore will only accept payment from a Buyer registered with us. Payments from any other source will not be accepted and shall, to the fullest extent permitted by applicable law, be held by Propstore until payment can be made from a source matching the Buyer on record. Only once funds have been received from an accepted source will the original funds be returned. This applies to all forms of payment.
7.4.3 Propstore may offer the Buyer a Payment Plan, under which the Buyer shall pay Propstore a deposit equal to 20% of the Buyer’s total Auction invoice within 7 calendar days from the date of Propstore’s invoice, and the remaining balance in equal monthly instalments over 1, 2, or 3 months in accordance with the Buyer’s selection and Propstore’s agreement. For the avoidance of doubt and in accordance with Condition 7.4.7 below, Payment Plans may not be paid using Cryptocurrency. Unless otherwise agreed with Propstore in writing, if the 1-month option is selected, the full remaining balance on the Lot will be due 30 calendar days after the deposit payment due date. If the 2-month option is selected, the remaining balance will be due in 2 equal instalments, with the first instalment due 30 calendar days after the deposit payment due date and the second instalment due 30 calendar days thereafter. If the 3-month option is selected, the remaining balance will be due in 3 equal instalments, each due at 30-calendar-day intervals following the deposit payment due date.
7.4.4 Propstore is not required to offer any grace period for any payment due from the Buyer, whether under a Payment Plan or otherwise. If the Buyer fails to make any payment by the relevant due date for such payment, the Buyer will be in default. In such circumstances, and to the fullest extent permitted by applicable law, Propstore may, at its discretion, declare all amounts already paid by the Buyer in respect of the relevant Lot as forfeited by the Buyer and to be retained by Propstore as liquidated damages, and title to the Lot will not transfer to the Buyer. For the avoidance of doubt, Propstore may also sell the Lot to a third party at its discretion. Upon any default, Propstore and the Seller shall also be entitled to all remedies for non-payment under these Conditions and at law.
7.4.5 Payments must be in Pounds Sterling (GBP). The Buyer is responsible for all currency exchange fees incurred by the Buyer and/or Propstore in converting their local currency to GBP. If payment is sent to Propstore otherwise than in GBP, Propstore may at its discretion either reject or accept the payment. If the payment is rejected, Propstore shall return the payment to the Buyer and the Buyer shall pay Propstore on demand all costs incurred by Propstore in remitting the payment back to the Buyer. If the payment is accepted, the currency conversion rate applied shall be the exchange rate applied to the payment by Propstore’s bank. If the currency conversion results in Propstore receiving less in GBP than the invoiced amount, the Buyer shall be liable to pay the shortfall to Propstore. Payment may be made by electronic transfer, debit card, credit card (up to a maximum of £25,000 in respect of credit cards), Cryptocurrency (in accordance with Condition 7.4.7 below) or cash (up to a maximum of £5,000 in respect of cash). Please quote the Lot number, invoice number and Bidder registration number when making payment to ensure it can be processed as efficiently as possible.
7.4.6 Except as provided in the Guarantee of Attribution and to the fullest extent permitted by applicable law, credit card payments are only acceptable on the express understanding that the Lot is not returnable, refundable nor exchangeable and no charge card credit or refund may be issued in the event of any such return. The Buyer agrees, to the fullest extent permitted by applicable law and except as set out in the Guarantee of Attribution, if payment is made by credit card, Buyer will not undertake any action or effort to stop payment, seek a refund or attempt a charge back of such amounts (or any credit card fee assessed thereon) by the issuer of the credit card.
7.4.7 Cryptocurrency payments are accepted via Propstore’s payment processor, made available by Propstore from time to time. The Buyer must pay for the entire balance owed including the Purchase Price and any other relevant charges entirely in one form of Cryptocurrency and the Buyer must ensure they have a sufficient balance to pay for all sums owed. We do not accept partial payment or Payment Plans by Cryptocurrency, nor a different form of payment in one transaction. To the fullest extent permitted by law and except as set out in the Guarantee of Attribution, Cryptocurrency payment is only acceptable on the express understanding that the Lot is not returnable, refundable nor exchangeable. We also reserve the right to exclude the use of payment by Cryptocurrency on certain Lots, such exclusion to be noted on the listing or as otherwise notified by us from time to time.
7.4.8 At our discretion, Propstore may allow Sellers to use proceeds from the sale of their Lots to pay for Auction invoices incurred as a Buyer. Payment of Auction invoices may only be made if the Buyer and Seller are the same person. Sales proceeds may not be transferred between Propstore’s offices.
7.4.9 Discount codes are not accepted for use against any Auction purchase.
7.5 VAT Status
7.5.1 Where a Lot’s ‘VAT Status’ is marked ‘†’, this means it is sold under standard VAT rules. For Buyers within (i.e., an individual resident in or businesses registered in) the United Kingdom, 20% VAT will be due on the Hammer Price; and 20% VAT will also be due on the Buyer’s Premium and, where applicable, the Buyer’s Expenses. When Lots are exported outside the United Kingdom (proof of export required or shipped by Propstore or through Propstore’s authorised shipper), no VAT will be due on the Hammer Price; and 20% VAT will be due on the Buyer’s Premium and, where applicable, the Buyer’s Expenses only, unless items are exported to a business registered outside the United Kingdom, in which case no VAT is due.
7.5.2 Where a Lot’s ‘VAT Status’ is marked ‘Ω’, this means the Lot has been temporarily imported from outside the United Kingdom for sale at auction in London. For Buyers within (i.e., an individual resident in or businesses registered in) the United Kingdom, 5% VAT will be due on the Hammer Price; and 20% VAT will also be due on the Buyer’s Premium and, where applicable, the Buyer’s Expenses. When Lots are exported outside the United Kingdom (proof of export required or shipped by Propstore or through Propstore’s authorised shipper), no VAT will be due. However, please note, if such Lots are not exported outside the United Kingdom within four years from the date the Lot was originally imported into the United Kingdom (Propstore will let the Buyer know when that deadline expires) then 20% VAT will be due on the Hammer Price; and 20% VAT will also be due on the Buyer’s Premium and, where applicable, the Buyer’s Expenses.
7.5.3 Where a Lot’s ‘VAT Status’ is marked ‘Ϻ’, this means the Lot is sold under the VAT margin scheme. For Buyers within (i.e., an individual resident in or businesses registered in) Great Britain (i.e. England, Scotland or Wales), no VAT will be due on the Hammer Price; and 20% VAT will be due on the Buyer’s Premium and, where applicable, the Buyer’s Expenses. For Buyers in Northern Ireland, 20% VAT will be due on the Hammer Price; and 20% VAT will be due on the Buyer’s Premium and, where applicable, the Buyer’s Expenses. When Lots are exported outside the United Kingdom (proof of export required or shipped by Propstore or through Propstore’s authorised shipper), no VAT is due.
7.5.4 Where a Lot’s ‘VAT Status’ is marked ‘US’, this means the Lot is currently located in Propstore’s Los Angeles facility or elsewhere in the USA and will ship directly to the Buyer from the Los Angeles facility or such other location in the USA. For Buyers within (i.e., an individual resident in or businesses registered in) the United Kingdom, no VAT will be charged by Propstore on the Hammer Price; and 20% VAT will be due on the Buyer’s Premium and, where applicable, the Buyer’s Expenses. For Buyers outside the United Kingdom, no VAT will be charged by Propstore.
7.5.5 Where a Lot’s ‘VAT Status’ is marked ‘EU’, this means the Lot is currently located in a member state of the European Union and will ship directly to the Buyer from such location. For Buyers within (i.e., an individual resident in or businesses registered in) the United Kingdom, no VAT will be charged by Propstore on the Hammer Price; and 20% VAT will be due on the Buyer’s Premium and, where applicable, the Buyer’s Expenses. For Buyers outside the United Kingdom, no VAT will be charged by Propstore.
7.6 Artist Resale Rights. If a Lot is marked ‘ARR’, an Additional Premium will be payable by the Buyer for royalties relating to the Artist’s Resale Right Regulations 2006 (as amended). It does not apply on art with a Hammer Price under £1,000. The Additional Premium will be a percentage of the amount of the Hammer Price calculated as follows:
7.6.1 Hammer Price from £0 to £50,000: Additional Premium = 4%;
7.6.2 Hammer Price from £50,000.01 to £200,000: Additional Premium = 3%;
7.6.3 Hammer Price from £200,000.01 to £350,000: Additional Premium = 1%;
7.6.4 Hammer Price from £350,000.01 to £500,000: Additional Premium = 0.5%; and
7.6.5 Hammer Price exceeding £500,000: Additional Premium = 0.25%.
The Additional Premium is not subject to VAT. Buyers will be charged the Additional Premium in Pounds Sterling (GBP).
7.7 Lot Title. The Buyer will not acquire title to the Lot until all amounts due to the Seller and Propstore from the Buyer (i.e., the Purchase Price and any other costs or expenses incurred by the Buyer in respect of the Lot) have been received by Propstore in cleared funds even in circumstances where Propstore has released the Lot to the Buyer. The term ‘title’ has a specific legal meaning that you may not be familiar with. While not intended to limit that legal meaning, to give you an understanding on that term, it is generally considered to mean: the legal and equitable right to ownership of the Lot.
7.8 Supplied Cards. By registering with Propstore and to the fullest extent permitted by applicable law, you authorise Propstore to charge: (a) any card supplied by you automatically for a sum of £0.01 to verify the validity of the card; that sum will be returned to you within 30 Working Days of the charge; and (b) the card provided by you at registration (as updated by you from time to time) for all Lots purchased by you at an Auction, if the Purchase Price and/or other costs and expenses payable by you in respect of a Lot are not paid in full within 7 calendar days of the date of our invoice (or where applicable, in accordance with the relevant Payment Plan pursuant to Condition 7.4.3).
7.9 Default Interest. If the Buyer does not make any payment due to Propstore by the due date for payment, Propstore may to the fullest extent permitted by applicable law, charge interest on the overdue amount at the rate of 5% a year above the base lending rate of Lloyds Bank plc from time to time. This interest shall accrue daily from the due date until the date of actual payment of the overdue amount, whether before or after judgment. The Buyer must pay Propstore such interest together with any overdue amount.
7.10 What we can do if a Buyer doesn’t pay. In addition to our rights in Conditions 7.8 and 7.9 and at law, in the event of default by the Buyer, Propstore may, to the fullest extent permitted by applicable law, take one or more of the following actions:
7.10.1 hold the Buyer liable for the total amount due relating to the Lot and commence legal proceedings for its recovery together with interest, legal fees and costs to the fullest extent permitted under applicable law;
7.10.2 cancel the Lot sale for the Buyer’s breach of contract and retain any amounts already paid by the Buyer in respect of the Lot as liquidated damages;
7.10.3 resell the Lot publicly or privately on such terms as Propstore shall think fit. If we resell the Lot under this Condition 7.10.3, the Buyer shall be liable for the payment of any deficiency between the total amount originally due to us and the amount received upon resale as well as all reasonable costs, expenses, damages, legal fees and commissions and premiums of whatever kind associated with both sales or otherwise arising from the default. If we pay any amount to the Seller under Condition 7.10.4, the Buyer acknowledges that we shall have the right to enforce all of the Seller’s rights, however arising, to pursue the Buyer for such amount;
7.10.4 pay the Seller an amount up to the net proceeds payable in respect of the Hammer Price;
7.10.5 set off against any amounts which Propstore or any of our affiliates (such as our LA office) may owe to the Buyer in any other transactions, some or all of the outstanding amount remaining unpaid by the Buyer;
7.10.6 apply any amount paid to discharge any amount owed in respect of any particular transaction, whether or not the Buyer so directs;
7.10.7 reject at any future Auction any bids made by or on behalf of the Buyer or to require a deposit from the Buyer before accepting any further bids;
7.10.8 exercise all the rights and remedies of a person holding security over any Lot in Propstore’s possession owned by the Buyer, whether by way of pledge, security interest or in any other way by the law of the place where such Lot is located. The Buyer will be deemed to have granted such security to Propstore and Propstore may retain such Lot as collateral security for such Buyer’s obligations;
7.10.9 take such other action as Propstore deems necessary or appropriate; and/or
7.10.10 release the name and address of the Buyer to the Seller to enable the Seller to commence legal proceedings to recover the amounts due and legal costs.
7.11 Lot Retention. Propstore shall be entitled to retain Lots sold until all amounts due have been received in full in cleared funds (including, to avoid doubt, all amounts payable under all instalments of a Payment Plan) or until the Buyer has performed any other outstanding obligations as Propstore shall reasonably require.
7.12 Collection, Shipping and Associated Costs
7.12.1 At a Bidder’s request, Propstore can provide shipping estimates for a Lot before the Auction. Bidders requesting this information should email support@propstore.com including the Lot number and shipping address as soon as possible before the start of the Auction. Real-time shipping estimates are also available on many Lots through the Online Bidding Platforms and on our website. Bidders should be aware that oversized Lots may be expensive to ship and enquire for a quote before bidding on those Lots. Propstore is not entering into a contract with you in respect of any shipping estimate provided. Such estimates are provided as a courtesy to Bidders, they are not guaranteed or representative of the amounts payable, and in all cases, the Buyer will be responsible for associated shipping costs. Winning bids are legally binding on the Buyer and must be paid regardless of final shipping costs. To the fullest extent permitted by applicable law, Propstore does not accept any responsibility to you in connection with any shipping estimate provided and is not entering into a contract with you in respect of the shipping estimate.
7.12.2 Subject to Condition 7.11, the Buyer shall collect or have made shipping or collection arrangements for (each at the Buyer’s costs and expense) purchased Lots within 7 calendar days from the date of the sale unless otherwise agreed between Propstore and the Buyer. Lots can be collected in person by appointment only.
7.12.3 Each Lot will require a custom packing service and by bidding on a Lot a Bidder agrees to pay all relevant shipping costs. Some Lots will require a special freight service.
7.12.4 Propstore recommends working with its preferred third-party independent freight agent on any questions regarding importing and exporting Lots.
7.12.5 If the Buyer has requested and Propstore agrees to ship the Lot to the Buyer: (a) the Buyer should contact Propstore within 14 calendar days of the date of dispatch if they have not received the Lot; and/or (b) if the item is damaged when delivered to the Buyer, the Buyer should contact Propstore immediately and retain all packaging provided with the shipment.
7.12.6 If Propstore agrees to ship the Lot to the Buyer, risk in the Lot remains with the Buyer during transit in accordance with Condition 7.2. However, the Buyer may request protection for accidental physical loss or accidental physical damage to the Lot during such shipping to the Buyer. The provision of that protection shall be subject to Propstore’s acceptance, the payment of additional charges notified by Propstore to the Buyer and all terms, conditions, limitations, exceptions and exclusions applicable to the protection. Further details on those terms, conditions, limitations, exceptions and exclusions can be requested from Propstore. Where such protection is provided and the Lot suffers accidental physical loss or accidental physical damage during shipping, Propstore does not guarantee that the Buyer will recover the Hammer Price of the relevant Lot or any other costs and expenses incurred by them in connection with the Lot.
7.12.7 It is the Buyer’s sole obligation and responsibility to be aware of, to comply with, and to pay for all relevant import duties, taxes, VAT, customs, tariffs, and other fees charged in the Buyer’s local jurisdiction. Propstore will ship all packages with the full value of the Lot declared. The Buyer understands and agrees that Propstore shall have no obligation or responsibility for any import duties, taxes, VAT, customs, tariffs, shipping or other charges for the Lots shipped. Failure by the Buyer to pay all necessary amounts may result in the relevant authorities returning the Lot to Propstore and in those circumstances the Buyer will be charged and will pay any return costs incurred by Propstore, storage cost in accordance with these Conditions and Propstore’s additional reasonable costs and expenses.
7.12.8 It is the Buyer’s responsibility to ensure that any Lot purchased from Propstore enters the shipping location lawfully, that all duties and taxes have been paid and that all required export procedures, regulations, and laws are properly complied with. Buyer understands and agrees that Propstore shall have no obligation or responsibility for complying with any export procedures, regulations or laws applicable to the Lot.
7.12.9 Unless otherwise agreed by Propstore in writing, the fact that the Buyer wishes to apply for an export licence does not affect or postpone the Buyer’s obligation to make payment in accordance with Propstore’s payment terms nor Propstore’s right to charge fees or storage charges on late payment. If the Buyer requests Propstore to apply for an export licence on his or her behalf, Propstore shall be entitled to make a charge and be paid for this service. Propstore will not commence any applications for such licenses until all amounts due to Propstore in respect of the Lot have been received in full and cleared funds (i.e. the Purchase Price and any other costs and expenses incurred by the Buyer in respect of the Lot). Propstore shall not be obliged to rescind or cancel a sale nor to refund any monies paid by the Buyer to Propstore as a result of or related to the Buyer’s failure or inability to obtain an export license.
7.12.10 Where Lots are not collected or collected for shipment by the Buyer or authorised for shipment by the Buyer by Propstore within 14 calendar days from the due date for payment of Propstore’s invoice for the Lot (or, where a Payment Plan has been agreed, the due date for payment of Propstore’s final invoice under that Payment Plan for the Lot), whether or not payment has been made, a storage fee equivalent to 3% of the Hammer Price per month shall be charged to the Buyer by Propstore which the Buyer shall pay on demand. If the Buyer has failed to pay the Purchase Price and the cost of shipping and handling, Propstore, at its option may cancel the sale.
7.13 Export and Import
7.13.1 It is the Buyer’s sole responsibility to arrange and obtain all necessary export/import licences, permits and any other necessary consents before the Lot is dispatched to the Buyer.
7.13.2 Propstore’s third-party independent recommended freight agent will be able to deal with enquiries from Bidders and Buyers on importing and/or exporting of Lots. Propstore accepts no liability for the acts or omissions of any delivery or freight agent appointed by the Buyer.
7.13.3 With regards to Lots exported outside the United Kingdom, if the Buyer’s Lots are shipped by Propstore or through Propstore’s authorised shipper, except as provided in Conditions 7.5.1 and 7.5.2, the Buyer will not be required to pay VAT when settling its invoice. If the Buyer is using any other shipper, or hand carrying its Lots outside the United Kingdom, then VAT will be due on the invoice, which will be refunded (except for any VAT chargeable on the Buyer’s Premium and, where applicable, the Buyer’s Expenses pursuant to Condition 7.5.1 on exports outside the United Kingdom to a Buyer that is not a registered business outside the United Kingdom and otherwise pursuant to Condition 7.5.2 if the Buyer fails to export the Lot within four years of the date the Lot was originally imported into the United Kingdom) once acceptable proof of export is provided by the Buyer’s shipper of choice to Propstore.
7.13.4 To prove export of Lots where the ‘VAT Status’ of a Lot is marked ‘Ω’, ‘†’ or ‘M’ and they are not shipped by Propstore or its authorised shipping agents, the Buyer should obtain appropriate official export documentation from its shipper of choice. In all cases Lots must be exported within no more than 3 months of the sale date, and proof of export returned to Propstore.
7.14 Failed Collection or Shipping.
7.14.1 If the Buyer has paid the Purchase Price for a Lot but within 2 years of the end of the Auction in which the Lot was sold:
7.14.1.1 the Lot is not collected or collected for shipment by the Buyer;
7.14.1.2 the Buyer has not provided Propstore with a shipping address;
7.14.1.3 where Propstore organises shipment, the Buyer has not paid shipping and/or delivery costs to Propstore;
7.14.1.4 where Propstore organises shipment, the Buyer has paid the original shipping and/or delivery costs to Propstore but the item is returned to Propstore because the Buyer has failed to pay customs fees to receive the Lot into the country of destination and the Buyer has not paid Propstore any returns costs incurred by Propstore in returning the item to Propstore and shipping or delivery costs to re-ship the Lot to the Buyer; or
7.14.1.5 the Buyer has paid Propstore the relevant shipping or delivery costs but has not authorised Propstore to ship the Lot,
then, in each case, Propstore will give the Buyer notice in writing of the need to collect the Lot, provide a shipping address, pay the relevant shipping, delivery and/or return costs and/or authorise the shipment (as applicable). If the Buyer does not take the action required in that notice within 10 calendar days of the date of the notice, Propstore may sell the Lot and the provisions of Condition 7.14.2 will apply. Propstore does not agree to give the Buyer any further notice of the potential sale. Please note the 2-year period referenced in this Condition may be shortened if the relevant Lot is subject to a shorter export licence. In such circumstances, the relevant period shall be equivalent to the term of the export licence.
7.14.2 If Propstore exercises its rights to sell the Lot pursuant to Condition 7.14.1:
7.14.2.1 Propstore may sell the Lot and, to the extent title to the Lot has transferred to the Buyer, it will immediately transfer to Propstore (or at Propstore’s election, back to the Seller);
7.14.2.2 Propstore may pass ownership of the Lot to the new buyer;
7.14.2.3 Propstore will use the proceeds of sale to pay: (a) first, Propstore’s reasonable costs incurred by it in administering the sale process; and (b) secondly, to pay any debt the Buyer owes to Propstore in respect of the Lot (for example, in respect of unpaid storage fees) (collectively, “Outstanding Fees”), and shall then hold the balance for the Buyer. Propstore will not give the Buyer any interest on the balance. To avoid doubt, if Propstore sells the Lot via Auction, the sale proceeds shall be the Hammer Price and shall not include any Buyer’s Premium, Buyer’s Expenses or Additional Premium paid by the new buyer;
7.14.2.4 if the proceeds of sale are insufficient to discharge the Outstanding Fees, the Buyer must pay any outstanding balance to Propstore within 14 calendar days of a written demand from Propstore setting out the balance remaining to it; and
7.14.2.5 Propstore may sell the Lot by any method reasonably available to achieve a selling price reasonably obtainable in the open market, considering the costs of sale. If in Propstore’s opinion the Lot cannot be reasonably and economically sold (for whatever reason) or it remains unsold despite Propstore’s efforts, the Buyer authorises Propstore to treat the Lot as abandoned by the Buyer and destroy or otherwise dispose of the Lot at the Buyer’s cost.
7.15 Items marked Ω – temporary import. Please note if a Lot is marked ‘Ω’ and accordingly has been temporarily imported from outside the United Kingdom for sale at auction in the United Kingdom, it will be subject to a temporary import licence for four years from the date of original import to the United Kingdom. If the Buyer has not collected or the Lot has otherwise not been shipped to the Buyer before the expiry of that 4-year period (Propstore will let the Buyer know when that deadline expires), Propstore may ship and repatriate the Lot to its country of origin. The Buyer shall be liable to Propstore for those shipping and repatriation costs and, to avoid doubt, any costs incurred by Propstore in shipping the item to the Buyer from the country of repatriation, each of which shall be payable to Propstore on demand.
7.16 5MLD. Buyers whose total invoice is equal to or greater than £10,000 (or the GBP equivalent) are required to and agree to undergo enhanced customer due diligence (‘EDD’) checks required by Propstore in accordance with the EU Fifth Money Laundering Directive (‘5MLD’). Buyers may also be required to undergo EDD in other circumstances required by the 5MLD and other applicable laws. In accordance with the 5MLD and other applicable laws, the Lots won will not be released until the EDD check has been completed and passed. This Condition 7.16 applies to UK Auctions only.
7.17 U.S. Wayfair Ruling. Due to the impact of the U.S. Wayfair ruling, Propstore is obligated to collect sales tax on orders shipped to several states within the United States of America, even when auctioning from London. Additional states become sales tax-eligible regularly due to ongoing updates. Details on the current list of states to which Propstore charges sales tax are set out below; final taxes will be added to your invoice. Current states:
Arizona; Arkansas; California; Florida; Idaho; Illinois; Indiana; Louisiana; Maryland; Massachusetts; Michigan; Minnesota; Nevada; New Jersey; New York; North Carolina; Ohio; Pennsylvania; Tennessee; Texas; Utah; Virginia; and Washington
8. Data Protection - Use of information
8.1 When Propstore obtains any personal information about you, Propstore shall only use it in accordance with the terms of the Propstore privacy policy (available at propstore.com/privacy-policy/ or requested by post or email), which explains what information Propstore collects and holds about you, and how Propstore collects, stores, uses and shares such information, and subject to any additional specific consent(s) you may have given at the time your information was disclosed.
9. Liability
9.1 If Propstore fails to comply with these Conditions, it is responsible for loss or damage a Buyer suffers that is a foreseeable result of Propstore’s breach or its negligence. Propstore is not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if an obvious consequence of Propstore’s breach or if contemplated by the Buyer and Propstore at the time the hammer falls on the Lot at the Auction.
9.2 Subject to Condition 9.3, Propstore’s liability shall be limited to the amount of the Purchase Price of the Lot. Save to the extent required by law, in no event shall Propstore be liable for any loss of business, loss of profits, loss of revenue, loss of reputation, or for incidental or consequential damages of any kind.
9.3 Propstore does not exclude or limit its liability for:
9.3.1 death or personal injury caused by its negligence or the negligence of its employees, agents or subcontractors;
9.3.2 fraud or fraudulent misrepresentation; or
9.3.3 for any liability that, by applicable law, cannot be limited or excluded.
9.4 Propstore will not be liable for any service delays, interruptions or other failures to make a bid caused by losses of internet connection, fault or failure with the Propstore website or bidding process, fault or failure with any third-party platforms (including each Online Bidding Platform), or malfunction of any software, system, computer or mobile device.
10. Guarantee of Attribution
10.1 Propstore warrants the attribution of each Lot as stated in the title block (film or artist title and item title) of that Lot in the Entry, 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 Propstore’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. Please note, any photographs or stills extracted from a TV or film production appearing in the Auction catalogue are provided for illustrative purposes only and do not form part of the Entry. They are not a confirmation that the Lot appeared within the scene portrayed in the relevant photograph or still. Any specific on-camera usage known to Propstore will be noted within the Entry, but no warranties are given by Propstore on that Entry. The benefit of the Guarantee of Attribution is personal to the Buyer and is not capable of being assigned. If the Buyer sells or otherwise disposes of its interest in the Lot, the Guarantee of Attribution will cease.
10.2 If a Buyer demonstrates, to Propstore’s reasonable satisfaction, that the Guarantee of Attribution is materially incorrect, the sale will be rescinded if the Lot is returned to Propstore in the same condition in which it was at the time of sale. The Buyer must notify Propstore as soon as reasonably practicable after they become aware that the Guarantee of Attribution is materially incorrect. To satisfy Propstore that the Guarantee of Attribution is materially incorrect, Propstore 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 Propstore and the Buyer.
10.3 If Propstore is satisfied the Guarantee of Attribution is materially incorrect and in the event a sale is rescinded in accordance with Condition 10.2, Propstore shall repay to the Buyer the Purchase Price paid by the Buyer and the Buyer will automatically on receipt of such payment transfer the title to the Lot to Propstore or the Seller (as notified by us), free from any encumbrance. 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 fullest extent permissible at law. It is specifically understood that this will be considered the Buyer’s sole remedy for any breach of the Guarantee of Attribution.
10.4 The Buyer expressly agrees that Propstore 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 acknowledge and accept that Entry revisions may occur on some Lots. Bidders should inquire before the Auction whether any Entry revisions have occurred on a given Lot and/or examine a lot before bidding on it. Propstore will make all reasonable efforts to make Entry revisions readily available during the Auction.
10.6 Except as expressly provided in these Conditions, Propstore 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.
10.7 Please note, if the certificate of authenticity provided by Propstore in respect of the Lot is misplaced, torn or damaged, Propstore will not be able to replace it, nor can Propstore create multiple certificates of authenticity for separate items within a Lot. For an authentic certificate of authenticity, Propstore only provide one document per Lot.
10.8 Lots which have been sold as signed or autographed as stated in the Entry, will also be accompanied by an additional certificate of authenticity, guaranteeing that it has been inspected and independently verified by a third party. Please see Condition 14.9 for further information.
11. Intellectual Property Rights
11.1 The copyright in all images, illustrations and written material produced by or for Propstore relating to a Lot (including the contents of the Auction catalogue), is and shall always remain the property of Propstore (or its licensors) and shall not be used by the Buyer, nor by anyone else, without Propstore’s (or the relevant licensor’s) written consent. Unless expressly identified by Propstore in writing to the contrary and subject to Condition 11.3, Propstore and the Seller make no representation or warranty that the Buyer of a Lot will acquire any copyright or other reproduction rights in it. To the fullest extent permitted by applicable law, the Buyer agrees to indemnify and hold harmless Propstore, our directors, employees, affiliates, contractors and agents and the Seller from any third-party claims, actions, suits, judgments, losses, damages, costs and expenses asserted against or incurred by Propstore or any of those persons that arise out of or result from any act or omission by the Buyer arising out of or relating to the Buyer’s infringement of any copyrights, trademarks or other intellectual property rights in or to the Lots.
11.2 In the Entry, Propstore takes steps to identify and provide provenance for Lots offered at Auction. In many cases, the Lots offered were used in or in conjunction with motion pictures or other programmes and information is furnished to fully identify and describe the Lot offered at Auction, including photographs and illustrations. Propstore in no way claims any connection to or relationship with the producers of the motion picture or other programme. In all cases, the use of the titles or other elements of a motion picture or other programme is for informational purposes only.
11.3 The Buyer is solely responsible for ascertaining that each Lot is cleared for publication or public performance by it including but not limited to satisfying any publicity right that persons appearing in an image may have under any statute or common law. Except as set out in the Auction catalogue, no representation or warranty is given as to any matters that need to be cleared prior to publication by the Buyer or in respect of any intellectual property rights vesting in the Lot. All publication issues should be referred to the Buyer’s own professional advisors. If any representations or warranties as to copyright, rights to publish or other intellectual property rights in respect of a Lot are made in the Auction catalogue, they are solely made by the Seller and not Propstore. The Buyer agrees that Propstore will not be liable to the Buyer in any respect for alleged breach of any such representation or warranty in such circumstances.
12. Events outside our control
12.1 Propstore will not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations under these Conditions that is caused by an event outside our control, including, without limitation, strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks. Propstore’s obligations shall be suspended and we shall have a reasonable amount of extra time to perform the obligation impacted by the event outside its control.
13. Other important terms
13.1 If any part of these Conditions is found by any court to be invalid, illegal or unenforceable, that part shall be removed and the rest of the Conditions shall continue to be valid to the fullest extent permitted by law.
13.2 The contract for the sale of the Lot is between the Seller, Buyer and Propstore (as the Seller’s agent) and no other person shall have any rights to enforce any of its terms.
13.3 If Propstore fails to insist on performance of any Buyer obligations under these Conditions, or if it delays in doing so, that will not mean that Propstore has waived its rights against the Buyer and does not mean the Buyer no longer has to comply with those obligations.
13.4 These Conditions 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 English law, although if you are resident (in the case of an individual) or incorporated (in the case of a business) outside of England and Wales, you will retain the benefit of any mandatory protection given to you by the laws of that country.
13.5 Subject to Condition 13.6, Propstore, the Seller and you agree to submit to the exclusive jurisdiction of the courts of England and Wales, although each party retains the right to bring proceedings against any other for breach of the Conditions in the other party's country of residence (in the case of an individual) or incorporation (in the case of a business).
13.6 Arbitration — United States Bidders/Buyers Only
13.6.1 This Condition 13.6 applies where a Bidder/Buyer is domiciled in, or is a company or other entity incorporated in, the United States of America (a ‘US Bidder/Buyer’). In the event of any conflict between this Condition 13.6 and Condition 13.5, this Condition 13.6 shall prevail.
13.6.2 Any claim or controversy arising out of or relating to these Conditions (including the sale of a Lot) between a US Bidder/Buyer and Propstore (and/or the Seller) shall be resolved through binding arbitration administered by the Judicial Arbitration and Mediation Services, Inc. (“JAMS”), under its Comprehensive Arbitration Rules, which are deemed incorporated by reference into this Condition.
13.6.3 The seat of the arbitration shall be Los Angeles County, California. The language of the arbitration shall be English. The arbitration shall be conducted before a single JAMS arbitrator who is a retired California or federal judge or justice.
13.6.4 The substantive law governing the dispute (including the validity and interpretation of these Conditions) shall be California law. For the avoidance of doubt, the law governing the arbitration agreement contained in this Condition 13.6 shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1–16, and, to the extent not preempted, the laws of the State of California. In the event of any conflict between this Condition 13.6 and Condition 13.4, this Condition 13.6 shall prevail.
13.6.5 By agreeing to arbitrate under this Condition 13.6, the US Bidder/Buyer and Propstore (and/or the Seller) waive any right they may have to commence or participate in any court action or proceeding (including any class action) in respect of a dispute falling within this Condition, save as expressly provided herein or as required to enforce or challenge an arbitral award.
13.6.6 The arbitrator shall have the power to grant any remedy that would be available to a court of competent jurisdiction under California law, including injunctive or other equitable relief.
13.6.7 The decision and award of the arbitrator shall be final and binding on the parties. Judgment upon any award rendered by the arbitrator may be entered in the Superior Court of the State of California for the County of Los Angeles, and the parties expressly agree to submit to the jurisdiction of that court for such purpose.
13.6.8 Nothing in this Condition 13.6 shall prevent either party from applying to the California courts (or any other court of competent jurisdiction) for interim or conservatory measures pending the outcome of the arbitration.
13.7 Prevailing Party Costs. To the fullest extent permitted by applicable law (including in any arbitration under Condition 13.6), the prevailing party in any dispute arising out of or in connection with these Conditions shall be entitled to an award of all Lawyers' fees and expenses incurred by it in connection with the dispute. "Lawyers' fees and expenses" includes, without limitation, paralegals', solicitors', consultants', attorneys', expert witness' fees, costs and expenses, and all other expenses incurred by the prevailing party or its lawyers in the course of their representation of the prevailing party in anticipation of and/or during the course of the dispute, whether or not otherwise recoverable as "lawyers' fees" or as "costs" under applicable law; and the same may be sought and awarded in accordance with applicable procedure as pertaining to an award of contractual Lawyers' fees and expenses.
14. Special Notices
14.1 Notice on Copyright (or similar). Without limiting Condition 11.1, Lots with this disclaimer are sold without copyright, reproduction rights, right to play in public, licensing agreements or any other type of legal release. You may wish to seek independent legal advice.
14.2 Notice on Electronics and Mechanics. Some Lots in the Auction contain electronic and/or mechanical components. While Propstore makes reasonable efforts to describe them accurately, no guarantee or warranty is made as to the functionality, lifespan or safety of those components. It is entirely the Buyer’s responsibility to satisfy themselves as to their safe use and maintenance.
14.3 Notice on Lots Requiring Special Shipping. Lots with this disclaimer, due to their size and/or nature will require a specialist shipping service with additional cost. Bidders are strongly advised to contact Propstore for a shipping quote prior to bidding on these Lots.
14.4 Propstore Interest Δ. From time to time, Propstore may offer a Lot which it owns in whole or in part or in which it has a financial interest. Any such Lot will be identified with the symbol Δ next to its Lot number.
14.5 Notice on Storage at Los Angeles Facility. Certain Lots are currently located in Propstore’s Los Angeles facility, which will be shipped directly from this facility to the Buyer. The Buyer will be responsible for all shipping and import charges from the US.
14.6 Notice on Off-Site Storage. Some Lots in the Auction are stored off-site, outside of Propstore’s primary facilities in the UK or Los Angeles. Propstore strongly encourages interested Bidders to contact Propstore in advance for more information and to request a shipping quote prior to bidding. They will ship from their current location to the Buyer’s location, at the Buyer’s expense. These Lots will not be available to preview before the Auction without special arrangements. The Buyer will be responsible for all shipping costs of Lots, regardless of Lot storage location.
14.7 Notice on Lots Containing Organic Materials. Certain Lots contain, or may contain, organic materials that may be CITES-listed and therefore subject the Lots to additional restrictions on trade, import or export. It is the Buyer’s responsibility to ensure that any Lot purchased from Propstore can be imported to their location lawfully. The Buyer understands that Propstore has no obligation or responsibility in relation to the Buyer’s ability to import Lots, and an inability to import Lots will not affect Buyer’s obligation to complete the purchase and make payment. Certain permits may be required to accompany the transaction of Lots, for example a CITES permit for Appendix I-listed materials such as rosewood; Propstore will assist in facilitating these permits to the extent reasonably practicable.
14.8 Notice on Autographed Lots. Lots featuring autographed content will include a certificate of authenticity from specialist Garry King, whose expertise is recognised by collectors and dealers worldwide. Garry has been dealing full time in verifying autographs and documents for over 30 years, having started his collecting obsession when he was just 12 years old. His expertise has been called upon by Trading Standards and the Police and has been accepted as an expert witness by the courts in England and Wales. Garry has appeared as an expert on various national TV programs, including Posh Pawn, Posh Pawn Brokers, The Real Hustle, The One Show, Rip Off Britain, Inside Out and Expert Witness, as well as many regional TV and radio shows. He has also written many articles on autographs and authentication. Garry was voted Dealer of the Year by both AFTAL in 2011 and the UACC in 2000, as well as being awarded the Presidents Quality Award by the UACC in 2006 and currently serves on the board of AFTAL.