Lot #20Lot # 20: The Fall of the House of Usher - Eliza Usher's (Annabeth Gish) Dying and Buried Costumes

Condition of Sale

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

2.  A Buyer’s Premium at a rate of 25% (the “Buyer’s Premium”) will be applied to all winning bids.  The purchase price shall consist of your winning bid on the lot plus the Buyer’s Premium (the “Purchase Price”).

3.  Unless bidder has been extended a payment plan by Propstore, as set forth in paragraph 4 herein, bidder shall pay the Purchase Price in full within 7 calendar days of being invoiced.

4.  For orders with a total hammer price above $1000, payment plans may be available in increments of up to three (3) months. Orders with a total hammer price below $1000 are not eligible for payment plans and payment will be due in full within seven (7) business days. Payment plans may be available in 1, 2, or 3 month increments. Bidders wishing to utilize the payment plan service, if approved by Propstore, shall be required to pay a deposit of 20% of the Purchase Price (the “Deposit”), within 7 calendar days of being invoiced. The balance of the Purchase Price shall then be split over 1, 2 or 3 months, at Bidder’s option. The payments of the remaining balance shall be made as follows:

4.1.1    If the 1-month payment plan is selected, the balance of the Purchase Price shall be due within 30 days of the close of the auction.

4.1.2    If the 2-month payment plan is selected:  40% of the Purchase Price shall be due within 30 days of the close of the auction; 40% of the balance of the Purchase Price shall be due within 60 days of the close of the auction.

4.1.3.   If the 3-month payment plan is selected:  26.66% of the Purchase Price shall be due within 30 days of the close of the auction; 26.66% of the balance of the Purchase Price shall be due within 60 days of the close of the auction; and 26.68% due within 90 days of the close of the auction.

4.1.4.   Propstore offers no grace period on payment plan deadlines. If the Bidder does not adhere to payment deadline as set forth above, the bidder shall be deemed to be in default. In the event of default all funds already paid to Propstore shall be retained by Propstore as liquidated damages. Moreover, Propstore and/or the Seller shall also be entitled to any other remedies available, whether in law or equity.

4.1.5.   No title to any Property shall pass to Bidder except upon payment in full of the purchase price, including the Buyer’s Premium due, and any and all other sums due to Propstore and/or the Seller.  Among other remedies available to Propstore and the Seller, Propstore and/or the Seller shall be entitled to immediate possession of the lot purchased by Bidder, if delivered to Bidder.

5. Where Lots are not collected within 14 calendar days from the due date of payment, whether or not payment has been made, a storage fee of 3% of the Hammer Price per month shall be charged to the Buyer. If the Buyer has failed to pay the Purchase Price and the cost of shipping and handling, Propstore, at its option may cancel the sale.

6.  Propstore vouchers and other discount codes are not valid as payment for auction items.

7.  Only the memorabilia item shown in the photos of a given product listing is included in the sale. Mannequins, display stands, and scale measures are not included with your purchase, unless expressly stated in the product description.

8.  Bidder agrees that Propstore will charge the credit card provided at registration for all items purchased at auction, and any future Propstore auctions in which Bidder participates if not paid within 7 calendar days after invoicing.

9.  Bidder shall be charged in US Dollars for the Purchase Price. Sales tax, as required by law, shall be applied at the state's prevailing rate when being shipped to the following states:

Arizona - 5.6%

California - 9.5%

Colorado - 7.72%

Florida - 6%

Georgia - 7.32%

Illinois - 6.25%

Indiana - 7%

Kansas - 6.5%

Louisiana - 4.45%

Maryland - 6%

Massachusetts - 6.25%

Michigan - 6%

New Jersey - 6.625%

New York – 8%

North Carolina - 6.75%

Ohio - 7.25%

Pennsylvania - 6%

Texas - 6.25%

Virginia - 5.3%

Vermont - 6%

Washington - 10.1%

Wisconsin – 5%

Utah – 4.85%

Delivery addresses outside of these states will be exempt from state sales tax. 

9.1. Cryptocurrency payments are accepted via our payment processor (Bitpay), as indicated at checkout. You must pay for the entire balance owed including the Purchase Price and any other relevant charges entirely in one form of Cryptocurrency and you should ensure you have a sufficient balance to pay for all sums owed. We do not accept partial payment by Cryptocurrency and a different form of payment in one transaction. Cryptocurrency payment is only acceptable on the express understanding that the Lot is not returnable, refundable nor exchangeable. Buyers paying with Cryptocurrency are also not eligible to use payment plans. We reserve the right to exclude the use of payment by Cryptocurrency on certain Lots, such exclusion to be noted on the listing.

9.2. A credit card fee of 2% of the Purchase Price will be applied to any orders paid via credit card where the Purchase Price is greater than $5,000.

10.  Terms of Guarantee of Attribution

10.1. Propstore warrants the attribution of each Lot as stated in the title block (film title and item title) of that Lot in the Auction catalogue, subject to any revisions (which may be given in writing or online before or during the Auction at which the Lot is purchased by the Buyer); this is 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. Any specific on-camera usage known to Propstore will be noted within the description, but no warranties are given by Propstore on that description.

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. In order 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. In the event a sale is rescinded in accordance with condition 10.2, Propstore shall repay to the Buyer the Purchase Price. Repayment of the Purchase Price shall be the Buyer’s sole remedy for an incorrect Guarantee of Attribution, to the exclusion of all other remedies to the extent permissible at law. It is specifically understood that this will be considered the Buyer’s sole remedy under this clause 10.

10.4. The Buyer expressly agrees that 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 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. Propstore will make all reasonable efforts to make description 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.

11.  Warranties and Representations.

11.1.    The copyright in all images, illustrations and written material produced by or for Propstore relating to this auction, is and shall remain at all times the property of Propstore.   The purchase of these items does not include ownership in or to the trademarks registrations, copyrights and/or any other intangible intellectual properties associated with this item. Therefore purchase of this item does not permit the Bidder to replicate or to exploit this item otherwise.  Bidder agrees to indemnify and hold harmless Propstore and its directors, employees, affiliates, contractors and agents from any third-party claims, actions, suits, judgments, losses, damages, costs and expenses (including reasonable attorneys’ fees) asserted against or incurred by Propstore that arise out of or result from any act or omission by Bidder arising out of or relating to Bidder’s infringement of any copyrights or trademarks in or to the items or Images.

11.2.    Propstore neither warrants nor represents that your use of any materials displayed on the site will not infringe rights of third parties not owned by or affiliated with Propstore.

11.3.    Propstore makes no warranty or representation regarding the fitness for any purpose or merchantability of any lot sold.  All lots are sold “as is.”

11.4.    Bidders are aware that description revisions may occur on some Lots, and should inquire before the Auction whether any description revisions have occurred on a given Lot and/or examine a lot before bidding on it. Propstore will make all reasonable efforts to make description revisions readily available during the Auction.  While Propstore uses reasonable efforts to include accurate and up to date information in this auction, Propstore makes no warranties or representations as to its accuracy. Propstore assumes no liability or responsibility for any errors or omissions in the content of the auction.  Any reference images appearing within Propstore's auction listings are solely for reference purposes and are not intended or deemed to be a representation or warranty of the item depicted within the image. 

11.5.    All items are sold as collectibles and/or memorabilia for display purposes only, and are not permitted for commercial use or deemed, intended, represented, or implied to be fit for any other purpose. Bidder assumes all risks of loss and/or injury, including, but not limited to, personal injury or property damage, arising from or related to any other use of the item. Bidder understands and agrees that Propstore and the Consignor and their parent, related and subsidiary entities shall have no liability for any such loss or injury and Bidder expressly releases Propstore and the Consignor and their parent, related and subsidiary entities from any such loss or injury. 

11.6.    Except as expressly provided herein, Propstore shall have no liability to Bidder with respect to any Lot and all and any implied warranties and conditions are excluded to the fullest extent permitted by law.

11.7.    Bidder expressly agrees that Propstore shall not be liable in whole or in part, for, and Bidder shall not be entitled to recover, any special, indirect, incidental or consequential damages including loss of profits or value of investment or opportunity cost, for any breach of any warranty, representation, or guarantee set forth herein.

11.8.    Each bidder acknowledges and agrees that the technology and the website provided by Propstore in connection with the auction is “as is,” without any warranties of any kind and that Propstore does not represent or warrant that the technology or the website will be uninterrupted or error free. Each bidder acknowledges and agrees that the Propstore shall have no liability, responsibility or obligation for any claim, demands, causes of action or damages of any kind arising out of or relating to any interruptions or errors in the technology or the website offered or utilized in connection with the auction.

12. Bidder/s (including browsing) of this auction is at Bidder’s own risk. Neither Propstore nor any other party involved in creating, producing, or delivering this listing is liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, the site. Propstore also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, Bidder’s computer equipment or other property on account of Bidder’s access to, use of, or browsing in the Site or Bidder’s downloading of any materials, data, text, images, video, or audio from the site.

13.  If any applicable conditions herein are not complied with (to a material extent), Bidder will be in default and in addition to any and all other remedies available to us by law, including, without limitation, the right to hold Bidder liable for the total purchase price, including all fees, charges and expenses more fully set forth herein, we, at our option and to the extent permitted by law, may (a) cancel the sale of that, or any other items sold to the defaulting Bidder, retaining as liquidated damages all payments made by Bidder, or (b) resell the purchased item, or (c) effect any combination thereof.  In any case, Bidder shall be liable for any deficiency, any and all costs, handling charges, late charges, expenses of both sales, legal fees and expenses, collection fees and incidental damages.  We may, in our sole discretion, apply any proceeds of sale then due or thereafter becoming due to Bidder from us or any affiliated company, or any payment made by Bidder to us or any affiliated company, where or not intended to reduce Bidder’s obligations with respect to the unpaid item or items, to the deficiency and any other amounts due to us or any affiliated companies.  In addition, a defaulting Bidder will be deemed to have granted and assigned to us and our affiliated companies, a continuing security interest of first priority in any property or money of our owing to such Bidder in our possession or in the possession of any of our affiliated companies, and we may retain and apply such property or money as collateral security for the obligations due to us or to any affiliated company of ours.  Payment will not be deemed to have been made in full until we have collected good funds.

14.  Except where expressly stated to the contrary above, under no circumstance will Propstore incur liability to a Bidder in excess of the purchase price actually paid.

15.  Bids will not be accepted from those persons under the age of eighteen (18) without the written consent of said person’s parent or legal guardian.  Written consent must acknowledge the terms and conditions of sale.  The written consent constitutes an agreement by the parent or legal guardian to be bound thereby on behalf of the bidder.

16.  The terms and conditions of sale herein described shall be enforced in accordance with and governed by the laws of the State of California, without regard to its choice of law provisions.

17.  Any claim or controversy arising out of or relating to the sale of the item between Bidder and Propstore shall be submitted to arbitration in Los Angeles County, California before an arbitrator from the Judicial Arbitration and Mediation Services, Inc. (“JAMS”) and conducted under its Comprehensive Arbitration Rules, as the exclusive remedy for such claim or controversy.  Both parties further agree that the arbitration shall be conducted before a single JAMS arbitrator who is a retired California or federal judge or justice.  By agreeing to arbitrate, the parties waive any right they have to a court or jury trial.  The decision of the arbitrator shall be final and binding.  The parties further agree that, upon application of the prevailing party, any Judge of the Superior Court of the State of California, for the County of Los Angeles, may enter a judgment based on the final arbitration award issued by the JAMS arbitrator, and the parties expressly agree to submit to the jurisdiction of this Court for such a purpose.  The prevailing party shall be entitled to recover the party’s attorneys’ fees and costs incurred in connection with the arbitration.

Bidding Increments
The following are the set bid increments for the Auction.

• $100 - $300 by $25
• $300 - $500 by $50
• $500 - $2,000 by $100
• $2,000 - 5,000 by $250
• $5,000 - $10,000 by $500
• $10,000 - $20,000 by $1,000
• $20,000 - $50,000 by $2,500
• $50,000 - $100,000 by $5,000
• $100,000+ by $10,000

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This privacy policy is effective as of June 5, 2015 and is updated regularly.
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