TERMS AND CONDITIONS
These Terms and Conditions of Sale (“Conditions”) set out the legal relationship between the Bidder/Buyer and Prop Store and the Seller. By applying for Bidder registration and by placing a bid at a Prop Store Auction, a Bidder is deemed to have read and accepted to be bound by these Conditions.
1. Interpretation
These Conditions shall include the terms set out in the Prop Store Live Auction Buyer’s Guide, a copy of which has been made available to the Bidder. In the event of any conflict between these Conditions and the Buyer’s Guide, these Conditions shall take precedence.
2. Definitions
Auction A live sale by auction hosted by Prop Store
Bidder Any person, properly registered with Prop Store, making or considering making a bid to buy a Lot at Auction
Buyer The person or organisation making the highest bid or offer for a Lot accepted by the auctioneer, including a principal bidding as agent
Buyer’s Expenses An amount equivalent to 3% of the Hammer Price (plus VAT if applicable) if the Buyer’s winning bid was made online, payable by the Buyer to Prop Store
Buyer’s Premium A commission of 20% (plus VAT if applicable) of the Hammer Price for a Lot, payable by the Buyer to Prop Store
Conditions of Sale Prop Store’s terms and conditions of sale at auction, from time to time in force
Credit Card Fee An additional 2% (plus VAT if applicable) of the aggregate amount of the Hammer Price, Buyer’s Premium and Buyer’s Expenses plus any relevant VAT
Gaurantee of Attribution Prop Store's limited guarantee relating to the provenance of each Lot, given to the extent set out in Condition 10 of these Conditions
Hammer Price The highest bid for a Lot accepted by the auctioneer at the Auction or the post-Auction sale price of that Lot
Lot Each item or group of items consigned by the Seller to Prop Store to be made available for sale at an Auction, as detailed in the catalogue
Prop Store Prop Store Limited (company number 08622002) of Great House Farm, Chenies, Rickmansworth, WD3 6EP
Purchase Price The Hammer Price plus Buyer’s Premium and Buyer’s Expenses (plus VAT if applicable)
Reserve Price (where applicable) the minimum price at which the Seller has authorised Prop Store to sell a Lot
Seller The person or organisation offering the Lot for sale, including their agents or personal representatives
3. Prop Store as agent
3.1. Unless expressly agreed otherwise, Prop Store acts as agent for the Seller. The contract for the sale of the Lot is made between the Seller and the Buyer.
4. Catalogue descriptions and condition of Lots
4.1. 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 are likely to 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 ‘as is’.
4.2. Prop Store’s staff are not professional restorers so descriptions of Lots, images and statements of condition in Prop Store’s brochure or on its website are for illustrative purposes only. Prop Store cannot guarantee that colours are properly shown. Save for Prop Store Terms of Guarantee of Attribution all Lots are sold ‘as is’. Bidders are encouraged to inspect Lots and satisfying themselves as to condition before bidding, taking independent professional advice where required.
4.3. Condition reports are available for each report upon request
4.4. Film posters in the sale include condition abbreviations: M = mint; EX = excellent; VG = very good; G = good; F = fair
4.5. Lots are sold only as collectibles and unless stated expressly to the contrary, Prop Store makes no representation or warranty that any Lot is fit for any other purpose.
4.6. Mannequins, display stands, scale measures and other display equipment are not included with the Lots unless expressly stated in the Lot description in the catalogue.
4.7. Estimates are simply a guide and should not be relied upon as to advice on value or the ultimate Purchase Price, which could be significantly higher.
5. Before the Auction
5.1. Every Bidder must register with Prop Store (including providing evidence of identity) in accordance with the Buyer’s Guide. Personal information shall be used only in accordance with Condition 8 below.
5.2. From time to time, Prop Store may offer a Lot which it owns in whole or in part or in which it has a financial interest and any such Lot will be identified in the catalogue with the symbol Δ next to its Lot number.
5.3. Bidders are aware that, due to the one-of-a-kind nature of the materials, Prop Store only guarantees the provenance of Lots to the extent set out in the Terms of Guarantee of Attribution, and Prop Store will not accept returns of any material and will not issue refunds, credits or exchanges except as provided for in the Guarantee of Attribution.
5.4. As a courtesy to Buyers, Prop Store offers interest free payment plans on all auction Lots (see Condition 7.3 of the Conditions of Sale).
6. At the Auction
6.1. Prop Store reserves the right to refuse admission and/or participation at the Auction and to reject any bid. Bids may not be accepted from unregistered bidders and all Bidders must be 18 or over.
6.2. All bids must be made in GBP Sterling. The auctioneer has the right to exercise reasonable discretion in refusing any bid, advancing the bidding in such a manner as he may decide, withdrawing or dividing any Lot, combining any two or more Lots and, in the case of error or dispute, and 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 the auctioneer will be conclusive.
6.3. Unless otherwise indicated, all Lots are offered subject to a Reserve Price. The Reserve Price will not exceed the low estimate printed in the catalogue. The Reserve Price will not be more than the lowest estimate given by Prop Store. Prop Store may disclose or keep confidential the Reserve Price at its entire discretion.
6.4. The auctioneer may open the bidding on any Lot below the Reserve Price by placing a bid on behalf of the Seller. The auctioneer may continue to bid on behalf of the Seller up to the amount of the Reserve Price, either by placing consecutive bids or by placing bids in response to other Bidders.
6.5. 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), Credit Card Fee (if applicable), all applicable taxes and any 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 Prop Store before the start of the Auction that the Bidder is acting as agent on behalf of an identified third party acceptable to Prop Store (and registered with Prop Store), and only then will Prop Store regard that third party as the Buyer. In such circumstances, the Bidder acting as agent confirms that he is authorised to bind the third party and that the Buyer has been made aware of and accepts these Conditions.
6.6. Prop Store will use reasonable efforts to execute written bids delivered before the 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 Prop Store’s Absentee Bids Form (in the catalogue).
6.7. If Prop Store 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 person whose written bid was received and accepted first.
6.8. Online bidding at Prop Store Auctions is made available via third party service providers and use of their services and all online bidding is subject to their respective terms of use. Successful online bids will be subject to payment of Buyer’s Expenses.
6.9. The Auction will be recorded and tracked on a video or digital screen, photographs taken and a currency converter may be provided for the online Auction feed. Errors may occur in its operation and in the quality of the images outside of Prop Store’s control and Prop Store does not accept liability to Bidders in that respect.
6.10. By participating in and/or attending the Auction and signing the registration form, each person consents to be filmed and/or photographed and agrees and authorises Prop Store to use and publish such film and/or photographs, name and likeness for use in (1) providing online access to the Auction, (2) recording the results of the Auction, (3) print, digital, online and all other media for marketing purposes (including without limitation, on Prop Store’s website, YouTube and other online platforms) and (3) in any other Prop Store publications of whatever nature. The participant releases Prop Store and holds it harmless from any reasonable expectation of confidentiality or privacy associated with such images and releases Prop Store and any third parties involved in the making, creation or publication of the images or any marketing or other materials from all and any liability for claims made in respect of such publication. Publication of the images in whatever format confers no right of ownership on the individual or right to royalties or payment.
6.11. Subject to the auctioneer’s reasonable discretion, the Bidder placing the highest bid accepted by the auctioneer 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. Risk and responsibility for the Lot (including frames or glass where relevant) passes to the Buyer on the date seven calendar days from the date of the sale or on collection by the Buyer if earlier and the Buyer should arrange insurance cover for the Lot if required.
7. After the Auction
7.1. Prop Store will notify successful Bidders and send (by email unless requested otherwise) a payment invoice setting out the Purchase Price and itemising the Hammer Price, Buyer’s Premium and Buyer’s Expenses plus any applicable VAT within 7 working days of the end of the Auction.
7.2. Unless a payment plan (as set out in condition 7.3 below) has been agreed by Prop Store, payment is due within 7 working days from receipt of invoice and must be made by the Buyer. Payments from any other source will not be accepted and shall be returned by Prop Store.
7.3. Payment plans will be available in 1, 2, or 3 month increments. Bidders utilising the payment plan service will be responsible for paying a 20% deposit on their Lots within 7 calendar days of receiving their invoice. The balance will then be split over 1, 2 or 3 months per the Buyer’s selection. If the 1 month option is selected, the remaining balance on the Lot will be due 30 days after the deposit date. If the 2 month option is selected, half of the remaining balance will be due 30 days after the deposit date and the remaining half 30 days after that, and so on.
7.4. Prop Store offers no grace period on payment plan deadlines. If the Buyer does not adhere to payment deadline as agreed under the terms of the payment plan, the Buyer will have defaulted. In the event of default all funds already paid to Prop Store will be forfeited by the Buyer, and title of the Lot will not transfer to Buyer. Prop Store and the Seller shall also be entitled to all remedies for non-payment as described below and at law.
7.5. Title in the Lot will pass to Buyer and the Lot will be made available for collection by the Buyer only when Prop Store is completely satisfied that all monies owing have been paid in full.
7.6. Payment must be in Pounds Sterling and may be made by electronic transfer, debit card, credit card (up to a maximum of £25,000) bankers draft or cheque (drawn on a UK bank account – note cheque clearance can take between 5 and 10 working days) or cash (up to a maximum of £5,000). Please note that the Credit Card Fee will be charged and payable in addition to the Purchase Price on any amounts paid by credit card. Please quote the Lot number, invoice number and Bidder registration number when making payment to ensure it can be processed as efficiently as possible.
7.7. 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 of the Credit Card Fee may be issued in the event of any such return.
7.8. [†] These lots are sold under standard VAT rules. For buyers within the EEC, 20% VAT will be due on the hammer price; 20% VAT will also be due on the Buyer’s premium. If EEC based buyer is a business who has provided their VAT number, no VAT will be due. When lots are exported outside the EEC (proof of export required or shipped by Prop Store or through Prop Store’s authorised shipper), no VAT will be due on the hammer price; 20% VAT will be due on the Buyer’s premium only.
[Ω] These lots have been temporarily imported from outside the EEC for sale at auction in London. For buyers within the EEC, 20% VAT willbe due on the hammer price; 20% VAT will also be due on the Buyer’s premium. If EEC based buyer is a business who has provided their VAT number, no VAT will be due. When lots are exported outside the EEC (proof of export required or shipped by Prop Store or through Prop Store’s authorised shipper), no VAT will be due on the hammer price; VAT will also not be due on the buyer’s premium, unless they are exported to an incorporated business. If lots are exported to an incorporated business, 20% VAT will be due on the buyer’s premium only.
All lots that are not specifically marked with † or Ω are sold under the margin scheme. For buyers within the EEC, no VAT will be due onthe hammer price; 20% VAT will be due on the Buyer’s premium only. When lots are exported outside the EEC (proof of export required or shipped by Prop Store or through Prop Store’s authorised shipper), no VAT is due on the hammer price or the Buyer’s premium.
7.9. The Buyer will not acquire title to the Lot until all amounts due to the Seller and Prop Store from the Buyer have been received by Prop Store in cleared funds even in circumstances where Prop Store has released the Lot to the Buyer.
7.10. By registering for this auction the Buyer authorises Prop Store to charge the credit card provided at registration for all Lots purchased at the auction, and any future auction a Bidder may participate in, if not paid in full within 7 calendar days after the auction close.
7.11. If the Buyer does not make any payment due to Prop Store by the due date for payment, Prop Store may charge interest on the overdue amount at the rate of 5% a year above the base lending rate of LloydsTSB Bank plc from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. The Buyer must pay Prop Store interest together with any overdue amount.
7.12. In addition to its rights in condition 7.11 and at law, in the event of default by the Buyer, Prop Store may take one or more of the following actions:
7.12.1. hold the Buyer liable for the total amount due and commence legal proceedings for its recovery together with interest, legal fees and costs to the fullest extent permitted under applicable law;
7.12.2. cancel the sale;
7.12.3. resell the Lot publicly or privately on such terms as Prop Store shall think fit
7.12.4. pay the Seller an amount up to the net proceeds payable in respect of the Hammer Price;
7.12.5. set off against any amounts which Prop Store may owe to the Buyer in any other transactions, some or all of the outstanding amount remaining unpaid by the Buyer;
7.12.6. apply any amount paid to discharge any amount owed in respect of any particular transaction, whether or not the Buyer so directs;
7.12.7. 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;
7.12.8. exercise all the rights and remedies of a person holding security over any Lot in Prop Store’s possession owned by the Buyer, whether by way of pledge, security interest or in any other way, to the fullest extent permitted by the law of the place where such Lot is located. The Buyer will be deemed to have granted such security to Prop Store and it may retain such Lot as collateral security for such Buyer’s obligations;
7.12.9. take such other action as Prop Store deems necessary or appropriate. If Prop Store resells the Lot under condition 7.12.3 above, the Buyer shall be liable for payment of any deficiency between the total amount originally due to Prop Store 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 Prop Store pays any amount to the Seller under condition 7.12.4 above, the Buyer acknowledges that Prop Store shall have all of the rights of the Seller, however arising, to pursue the Buyer for such amount.
7.13. Prop Store shall be entitled to retain Lots sold until all amounts due have been received in full in good cleared funds or until the Buyer has performed any other outstanding obligations as Prop Store shall reasonably require. Subject to this, the Buyer shall collect, or have shipped or collected for shipment, purchased Lots within 7 calendar days from the date of the sale unless otherwise agreed between Prop Store and the Buyer. Lots can be collected in person by appointment only.
7.14. Each Lot will require a custom packing service and by bidding on a Lot a Bidder agrees to pay all relevant shipping costs. Prop Store’s carrier of choice is FedEx, although some Lots will require special freight service. Potential shipping estimates can be obtained by emailing support@propstore.com detailing the Lot number of interest and the shipping address prior to the auction.
7.15. Prop Store recommends working with its preferred freight agent Precision Cargo on any questions regarding importing and exporting Lots.
7.16. Although Prop Store shall use reasonable efforts to take care when selecting third parties for these purposes, the Buyer will contract directly with such third party and Prop Store accepts no liability or responsibility for the acts or omissions of any such third parties. Similarly, where Prop Store suggests other handlers, packers or carriers, its suggestions are made on the basis of its general experience of such parties in the past and Prop Store is not responsible to any person to whom it has made a recommendation for the acts or omissions of the third party concerned.
7.17. 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 and other fees charged in the Buyer’s local jurisdiction. Prop Store will ship all packages with the full value of the Lot declared. Buyer understands and agrees that Prop Store shall have no obligation or responsibility for any import duties, taxes, VAT, customs, 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 Prop Store and in those circumstances the Buyer will be charged and will pay storage cost and Prop Store’s additional reasonable costs and expenses.
7.18. It is the Buyer’s responsibility to ensure that any Lot 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 Lot.
7.19. Unless otherwise agreed by Prop Store 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 Prop Store’s payment terms nor Prop Store’s right to charge interest or storage charges on late payment. If the Buyer requests Prop Store to apply for an export licence on his or her behalf, Prop Store shall be entitled to make a charge and be paid for this service. Prop Store shall not be obliged to rescind a sale nor to refund any interest or other expenses incurred by the Buyer where payment is made by the Buyer in circumstances where an export licence is required.
7.20. Where Lots are not collected within 14 calendar days from the due date of payment, whether or not payment has been made, storage charges will accrue.
8. Use of information
8.1. Prop Store will hold all personal information provided by the Bidder at registration and the Bidder agrees and consents to such information being used by Prop Store to:
8.1.1. make available each Lot for shipping to the Buyer;
8.1.2. process the Buyer’s payment;
8.1.3. contact credit reference agencies and keep records of any searches carried out on Prop Store’s behalf;
8.1.4. inform the Bidder about other auctions, products and services provided by Prop Store and its affiliates (please contact Prop Store by email at enquiries@propstore.com or by phone +44 (0)1494 766485 if you wish to stop receiving these).
9. Liability
9.1. If Prop Store fails to comply with these Conditions it is responsible for loss or damage a Buyer suffers that is a foreseeable result of Prop Store’s breach or its negligence. Prop Store is not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if an obvious consequence of Prop Store’s breach or if contemplated by the Buyer and Prop Store at the time the hammer falls on the Lot at the Auction.
9.2. Subject to condition 9.3, Prop Store’s liability shall be limited to the amount actually paid for the Lot by the Buyer. Save to the extent required by law, in no event shall Prop Store be liable for incidental or consequential damages of any kind.
9.3. Prop Store does not exclude or limit its liability for:
9.3.1. death or personal liability caused by its negligence or the negligence of its employees, agents or subcontractors;
9.3.2. fraud or fraudulent misrepresentation; and
9.3.3. breach of the terms implied by sections 12, 13, 14 and 15 of the Sale of Goods Act 1979 (title, description, quality and fitness for purpose) save to the fullest extent permissible at law.
10. Terms of Guarantee of Attribution
10.1. Prop Store warrants that the provenance of each Lot is the film production stated in the title block 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 prop 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, to the exclusion of all other remedies to the extent permissible at law. it is specifically understood that this will be considered the sole remedy.
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. Intellectual property rights
11.1. The copyright in all images, illustrations and written material produced by or for Prop Store relating to a Lot (including the contents of the Auction catalogue), is and shall remain at all times the property of Prop Store and shall not be used by the Buyer, nor by anyone else, without Prop Store’s written consent. Prop Store and the Seller make no representation or warranty that the Buyer of a Lot will acquire any copyright or other reproduction rights in it.
11.2. In the catalogue descriptions, Prop Store 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 in order to fully identify and describe the Lot offered at Auction, including photographs and illustrations. Prop Store 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.
12. Events outside our control
Prop Store 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 its control, that being any act or event beyond Prop Store’s reasonable control, including without limitation strikes, lockouts 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. Prop Store’s obligations shall be suspended and time for performance extended until such time as the event outside it’s control is over, following which a new collection or shipping date can be agreed.
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 discounted and the rest of the Conditions shall continue to be valid to the fullest extent permitted by law.
13.2. The contract is between the Seller, Buyer and Prop Store and no other person shall have any rights to enforce any of its terms.
13.3. If Prop Store fails to insist on performance of any of a Buyer’s obligations under these Conditions, or if it delays in doing so, that will not mean that Prop Store 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 are governed by English law. Prop Store and the Bidder/Buyer both agree to submit to the exclusive jurisdiction of the English courts.