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 Resale Right Regulations 2006 (as amended), payable by the Buyer to Propstore on any Lot marked ‘ARR’.
Auction: a sale by online auction hosted by Propstore.
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, including a principal bidding as agent.
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 Propstore’s auction platform before the Lot closes 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.
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 £5,000 (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 £5,000 but still form part of the Buyer’s overall Auction invoice that includes multiple Lots with a cumulative Hammer Price that exceeds £5,000 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 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, 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, 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. Propstore reserves the right at its discretion to request 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. The additional information that may be requested is, 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. Without limiting Condition 5.1.2, 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. All Lots are available for viewing during the Auction Period 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. decide whether an Auction proceeds, whether any Lot is included in the Auction, and the way the Auction is conducted; and
6.1.2. 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 Bidding
6.3.1. 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, 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.
6.3.2. All bids are by individual Lot unless stated to the contrary.
6.3.3. All bids must be made in English only.
6.3.4. All bids must be made in Pound Sterling (GBP). Propstore 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 will be conclusive.
6.3.4.1.
6.3.5. Employees of Propstore may bid in any Auction, however they will have no advantage over other Bidders.
6.3.6. 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”.
6.3.7. The procedure for placing bids 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.
6.3.8. 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.
6.3.9. 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.
6.3.10. Propstore may accept or decline bids at its 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, 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 33% 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, Payment Plans may not be paid using Cryptocurrency, in accordance with Condition 7.4.7 below. 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 or 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. 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 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. 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.
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. 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. 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. 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. 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 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 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 ‘Ϻ’ 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, 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. The current list of states Propstore charges sales tax to is 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; 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 Lot sells 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, 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 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 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.
14.5 Notice on Lots Containing Blades. Edged, bladed and blunt weapons are for collection and display purposes only. These Lots are inherently dangerous and are not considered safe or merchantable for any purpose. Propstore, and each of our affiliates, and our and their officers, directors, agents and employees expressly disclaim any liability for damage, injury, harm, cost, expense, or liability arising out of or related to the Buyer’s transport, ownership, use or misuse, or possession of these Lots, and shall not be liable to the Buyer or any third party for consequential, indirect, incidental, special, exemplary, punitive or enhanced damages, lost profits or revenues or diminution in value, arising out of, or relating to, and/or in connection with any purchase of these items regardless of (a) whether such damages were foreseeable, (b) whether or not you or they were advised of the possibility of such damages and (c) the legal or equitable theory (contract, tort or otherwise) upon which the claim is based. The Buyer acknowledges that your purchase and use of these Lots is at your sole risk, and that you shall always be solely and fully responsible for the care, maintenance, security and repair of these items. The Buyer is solely responsible for ensuring that collection, shipment and importation of any such Lot is carried out in compliance with all applicable laws and regulations relating to edged, bladed and blunt weapons. The Buyer understands that Propstore has no obligation or responsibility in relation to the Buyer's ability to lawfully collect, ship or import any such Lot, and an inability to do so shall not relieve the Buyer of its obligation to complete the purchase and make payment in accordance with these Conditions.
14.6 Notice on Commercial Use. The Buyer agrees not to use or sell the Lot purchased from this auction for commercial purposes.
“THE WHEEL OF TIME ONLINE AUCTION” PRIZE PROMOTION OFFICIAL RULES FOR UK PARTICIPANTS
1. Eligibility
Propstore’s “The Wheel of Time Online Auction” (“Auction”) prize promotion (the “Promotion”) is open to anyone 18 years or older as of the entry date, who successfully completes Auction registration for the The Wheel of Time Online Auction. All entrants must be resident in the United Kingdom to participate. Void where prohibited or restricted by law. Officers, directors, employees, representatives, and agents of Propstore, Sony Pictures Television, Amazon Content Services LLC, and each of their respective parent and related entities, subsidiaries, affiliates, owners, shareholders, officers, directors, agents, representatives and employees, and each of their immediate family members and those living in their same households, whether or not related, are not eligible to enter the Promotion. Sony Pictures Television, Amazon Content Services LLC, and each of their respective parent and related entities are not responsible for the collection, submission, or processing of entries, the administration of the Promotion, or the selection of the winner. Reference to third parties in connection with the Promotion and/or third party websites or services are for reference and identification purposes only and not intended to suggest endorsement, sponsorship or affiliation with Propstore or the Promotion.
2. Promoter
The promoter of the Promotion is Propstore, of Great House Farm, Chenies, Rickmansworth, Herts, WD3 6EP, UK. Propstore will provide the website and all services related to or on which the Promotion will take place, and control all official time-keeping functions and select the winner.
3. Agreement to Official Rules
Participation in the Promotion constitutes entrant’s full and unconditional agreement to and acceptance of these official rules (“Official Rules”) and decisions of Propstore, which are final and binding. Winning the Prize is contingent upon fulfilling all requirements set forth herein.
4. Promotion Period
Registration for the Promotion begins at 10 am BST on August 12, 2026 and ends at the close of the Auction on October 28, 2026 (the “Promotion Period”). Entries submitted before or after the Promotion Period will be automatically disregarded.
5. How to Enter/Prize Drawing
You may enter the prize draw by successfully completing Auction registration for The Wheel of Time Online Auction. Each valid entry will have an equal chance of winning. No payment is necessary to enter the Promotion.
One winner will be selected at random from the valid entries received. The One winner will receive a Sakarnen and a Brown Ajah Great Serpent Ring from the fantasy television series The Wheel of Time (TV Series, 2021-2023)” (the “Prize”).
Propstore will announce the winner by e-mail using the e-mail address provided by the entrant at the time of registration.
You may enter to win by registering for the Promotion at any time during the Promotion Period. The winner will be selected via a random drawing to take place within seven (7) days of the Promotion Period ending. Making a purchase in the Auction will not increase any entrant’s chance of winning. Only one (1) entry into the Promotion will be accepted per person.
Noncompliance with these Official Rules, the inability of Propstore to contact the winner having used reasonable efforts to do so using the contact details provided, or a notification being undeliverable may result in the winner’s disqualification and an alternate winner may be selected at Propstore’s sole discretion.
Propstore may ask for proof of age, residence or eligibility. Delay or failure to provide the evidence to Propstore’s reasonable satisfaction may result in an entry being void or the Prize being forfeited. Propstore’s decision as to whether an entrant is eligible for the Promotion is final and Propstore are not obliged to provide any reasons for disqualification.
Prize is not redeemable for cash. No transfer, assignment, or substitution of the Prize is permitted except in Propstore’s sole discretion. Propstore reserves the right to substitute the Prize (or a component thereof) for one of comparable or greater value, at its sole discretion for any reason whatsoever.
6. Receiving the Prize
Propstore will provide the winner with instructions on how to obtain their Prize. Propstore are not liable for any damage or loss to a Prize caused by any third party. If a Prize is damaged or fails to be delivered, Propstore have no obligation to provide a replacement prize.
7. General Conditions
The use of script, macro or other automated devices such as bots (or any other devices intended to automate or subvert any aspect of entry) to participate in the Promotion is prohibited and any entry through such means and any entry that is deemed to be ineligible (at Propstore’s sole discretion and in accordance with these Official Rules) will be void. In the event of a dispute as to the identity of an entrant, the Prize will be awarded to the individual assigned to the e-mail address used to register for the Promotion, provided that such individual is eligible according to these Official Rules. To the fullest extent permitted by applicable law, Propstore are not responsible for late, lost, stolen, incomplete, misdirected, delayed, garbled, damaged entries or for telephonic, human or computer failures, problems or errors, interruptions in service due to system upgrades, repairs, modifications or other causes, failures or malfunctions of connections, satellite, network, cable, Internet Service Provider (ISP), phones, phone lines or telephone systems, traffic congestion on the internet, technical or mechanical malfunctions, or other malfunctions or errors, whether caused by equipment, programming, human error or otherwise relating to or in connection with the Promotion, including, without limitation, errors which may occur in connection with the administration of the Promotion, entries, or the announcement of the Prize, or for any injury or damage to entrant’s or any other person’s computer relating to or resulting from participation in this Promotion, or for printing, typographical, human or other errors appearing in these Official Rules or other Promotion-related materials. Propstore reserves the right, in its sole discretion, to: 1) disqualify any entrant and void any entries of entrants whom it believes have attempted to tamper with or impair the administration, security, fairness or proper use of this Promotion or are in violation of these Official Rules; and/or 2) modify, terminate or suspend this Promotion should unauthorised human intervention or any other causes corrupt or impair the administration, security, fairness or proper use of the Promotion, or for any other reason, as determined by Propstore in its sole discretion.
Any attempt to deliberately damage the website or undermine the legitimate operation of this Promotion may be a violation of all applicable criminal and civil laws and, should such an attempt be made, Propstore reserves the right to seek any and all remedies from any such person(s) responsible for the attempt to the fullest extent permitted by law.
To the fullest extent permitted by applicable law, Propstore makes no warranties, and hereby disclaims any and all warranties, express or implied, concerning the Prize. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE PRIZE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND PROPSTORE HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT.
8. Jurisdiction
Any disputes will be subject to the non-exclusive jurisdiction of the courts of England and Wales. This means that you can choose whether to bring a claim in the courts of England and Wales or in the courts of another part of the UK in which you live.
9. Choice of Law
The laws of England and Wales apply to these Official Terms, although if you are resident elsewhere you will retain the benefit of any mandatory protections given to you by the laws of that country.
10. Release and Limitations of Liability
While nothing in these Official Terms will limit Propstore’s liability for death or personal injury caused by its negligence or for fraud, Propstore will not be legally responsible to entrants or winners for any losses that were not foreseeable to Propstore or to you at the time of entry to this Promotion or which are caused by a third party.
Propstore reserves the right in its sole discretion to disqualify any individual who is found to be tampering with the entry process or the operation of the Promotion, to be acting in violation of these Official Rules, or to be acting in a disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Promotion, or to annoy, abuse, threaten or harass any other person, and Propstore reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. No mechanically reproduced, illegible, incomplete, forged, software-generated or other automated multiple entries will be accepted. Propstore reserves the right to modify, extend, suspend, or terminate the Promotion if it determines, in its sole discretion, that the Promotion is technically impaired or corrupted or that fraud or technical problems, failures or malfunctions or other causes beyond Propstore’s control have destroyed or severely undermined or to any degree impaired the integrity, administration, security and/or feasibility of the Promotion as contemplated herein. In the event Propstore is prevented from awarding the Prize or continuing with the Promotion as contemplated herein by any event beyond its control, including, but not limited to, fire, flood, natural or man-made epidemic of health or other means, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any law, order, or regulation, public health crisis, order of any court or jurisdiction, or other cause not reasonably within Propstore’s control, then Propstore shall have the right to modify, suspend, extend or terminate the Promotion. If the Promotion is terminated before the designated end date, Propstore will (if possible) select the winner in a random drawing from all eligible entries received as of the date of the event giving rise to the termination. These Official Rules cannot be modified or amended in any way except in a written document issued in accordance with law by a duly authorised representative of Propstore. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. If any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
Propstore, Sony Pictures Television Inc., Amazon Content Services LLC, and each of their respective parent and related entities are not responsible for any injuries, damages, or losses incurred as a result of this Promotion or using or owning the Prize. The winner assumes all risk associated with the operation and ownership of the Prize. It is the responsibility of the winners to ensure he/she has the necessary skills, training, and appropriate safety gear to operate the Prize safely and responsibly.
11. Publicity and use of personal information
Please note that your personal information will be used to process your entry, to contact you about your entry, and for the purpose outlined below. Please see Propstore’s Privacy Policy for more details regarding how Propstore will use your personal information. The surname and county of the winner will be published at https://propstore.com/competition-winners/ for 2 weeks after the Promotion closing date. Entrants who do not want their surname and county included on the list of winners referred to above must notify Propstore within a reasonable period before the closing date of the Promotion. The winner of this Promotion may be asked to participate in publicity.
12. Accessibility
If you have any difficulty accessing or entering this Promotion, please contact us at support@propstore.com. If you would like these Official Rules in another format (for example: audio, large print, braille) please contact Propstore and we will endeavour to provide it.
“THE WHEEL OF TIME ONLINE AUCTION” PRIZE PROMOTION OFFICIAL RULES FOR US PARTICIPANTS
1. Eligibility
Propstore’s “The Wheel of Time Online Auction” (hereafter, “Promotion”) is open to anyone 18 years or older as of the entry date, who successfully completes Auction registration for The Wheel of Time Online Auction, and is a legal resident of the 48 contiguous United States or of the United Kingdom. Void where prohibited or restricted by law. Officers, directors, employees, representatives, and agents of The Prop Store of London, Inc., Sony Pictures Television Inc., and Amazon Content Services LLC, and each of their respective parent and related companies, subsidiaries, affiliates, owners, shareholders, officers, directors, agents, representatives and employees, and each of their immediate family members and those living in their same households, whether or not related, are not eligible to enter the Promotion. All applicable country, federal, state, and local laws shall apply.
Reference to third parties in connection with the Prize and/or third party websites or services are for reference and identification purposes only and not intended to suggest endorsement, sponsorship or affiliation with Propstore or the Promotion.
2. Sponsor / Host / Administrator
The sponsor, host, and administrator of the Promotion is The Prop Store of London, Inc. (“Propstore”): 28014 Harrison Pkwy, Valencia, California 91355. Propstore will provide the website and all services related to or on which the Promotion will take place, and control all official time-keeping functions and select the winner.
Sony Pictures Television Inc., Amazon Content Services LLC, and each of their respective parent and related entities are not sponsors of the Promotion and are not responsible for the collection, submission, or processing of entries, the administration of the Promotion, or the selection of the winner. Reference to third parties in connection with the Promotion and/or third party websites or services are for reference and identification purposes only and not intended to suggest endorsement, sponsorship or affiliation with Propstore or the Promotion.
3. Agreement to Official Rules
Participation in the Promotion constitutes entrant’s full and unconditional agreement to and acceptance of these official rules (“Official Rules”) and decisions of Propstore, which are final and binding. Winning the Prize is contingent upon fulfilling all requirements set forth herein.
4. Promotion Period
Registration for the Promotion begins at 02:00:00 a.m. Pacific Daylight Time (“PDT”) on August 12, 2026 and ends at the close of the Auction on October 28, 2026 (the “Promotion Period”). Entries submitted before or after the Promotion Period will be automatically disregarded.
5. How to Enter/Prize Drawing
Each valid entry will have an equal chance of winning.
One winner will be selected at random from the valid entries received. The winner will receive “a Sakarnen and a Brown Ajah Great Serpent Ring from the fantasy television series The Wheel of Time (TV Series, 2021-2023)” (the “Prize”).
Propstore will announce the winner by e-mail using the e-mail address provided by the entrant at the time of registration.
You may enter to win by registering for the Promotion at any time during the Promotion Period. The winner will be selected via a random drawing to take place within seven (7) days of the conclusion of the Promotion. Making a purchase in the Auction will not increase any entrant’s chance of winning the Promotion and Prize. Only one (1) entry into the Promotion will be accepted per person.
Noncompliance with these Official Rules, the inability of Propstore to contact the winner, or a notification being undeliverable may result in the winner’s disqualification and an alternate winner may be selected at Propstore’s sole discretion.
You are not a winner until all required submissions have been received and validated by Propstore. Prize is not redeemable for cash. No transfer, assignment, or substitution of the Prize is permitted except in Propstore’s sole discretion. Propstore reserves the right to substitute a prize (or a component thereof) for one of comparable or greater value, at its sole discretion for any reason whatsoever. All other costs including, but not limited to, all federal, state and local taxes, VAT, import duties, customs fees and taxes, if any, are the sole responsibility of the winner. The value of the Prize will be treated as income to the winner and the winner will be responsible for payment and reporting of all applicable taxes. Propstore encourages you to consult your tax advisor to determine how winning the Prize may affect your tax obligations. Estimated prize value: “a Sakarnen and a Brown Ajah Great Serpent Ring from the fantasy television series The Wheel of Time (TV Series, 2021-2023)”= $500 (USD). The approximate value set forth above represents Propstore’s good faith determination of the actual fair market value and, as ultimately determined by Propstore, is final and binding and cannot be challenged or appealed. In the event a stated approximate value is more than the actual fair market value, the difference will not be awarded in cash or otherwise.
6. Odds of Winning
Odds of winning the Prize depend on the total number of eligible entries received from the US and UK during the Promotion Period.
7. General Conditions
The use of script, macro or other automated devices such as bots (or any other devices intended to automate or subvert any aspect of entry) to participate in the Promotion is prohibited and any entry through such means and any entry that is deemed to be ineligible (at Propstore’s sole discretion and in accordance with these Official Rules) will be void.
In the event of a dispute as to the identity of an entrant, the Prize will be awarded to the individual assigned to the e-mail address used to register for the Promotion, provided that such individual is eligible according to these Official Rules.
Released Parties (as defined in paragraph 10 below) are not responsible for late, lost, stolen, incomplete, misdirected, delayed, garbled, damaged entries or for telephonic, human or computer failures, problems or errors, interruptions in service due to system upgrades, repairs, modifications or other causes, failures or malfunctions of connections, satellite, network, cable, Internet Service Provider (ISP), phones, phone lines or telephone systems, traffic congestion on the internet, technical or mechanical malfunctions, or other malfunctions or errors, whether caused by equipment, programming, human error or otherwise relating to or in connection with the Promotion, including, without limitation, errors which may occur in connection with the administration of the Promotion, entries, or the announcement of the prize, or for any injury or damage to entrant’s or any other person’s computer relating to or resulting from participation in this Promotion, or for printing, typographical, human or other errors appearing in these Official Rules or other Promotion-related materials. Propstore reserves the right, in its sole discretion, to: 1) disqualify any entrant and void any entries of entrants whom it believes have attempted to tamper with or impair the administration, security, fairness or proper use of this Promotion or are in violation of these Official Rules and/or 2) modify, terminate or suspend this Promotion should unauthorized human intervention or any other causes corrupt or impair the administration, security, fairness or proper use of the Promotion, or for any other reason, as determined by Propstore in its sole discretion.
Any attempt to deliberately damage the website or undermine the legitimate operation of this Promotion may be a violation of all applicable criminal and civil laws and, should such an attempt be made, Propstore reserves the right to seek any all remedies from any such person(s) responsible for the attempt to the fullest extent permitted by law. As some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, applicability may vary by location.
Propstore makes no warranties, and hereby disclaims any and all warranties, express or implied, concerning the Prize. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE PRIZE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND PROPSTORE HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT.
8. Jurisdiction
Except where prohibited, entrants agree that (1) any and all disputes, claims and causes of action arising out of, or connected with, the Promotion or the Prize awarded shall be resolved individually, and not as a participant in any class action (and entrants hereby waive all rights to participate in a class action of any variety); and (2) each entrant specifically agrees to the exclusive jurisdiction of the state or federal courts located in Los Angeles County, California. Under no circumstances will entrants be permitted to obtain a judgment for, and entrants hereby waive all rights to claim punitive, incidental or consequential damages, or any other damages, including attorneys’ fees and costs, other than entrant’s actual out-of-pocket expenses (i.e., costs directly attributable to participating in this Promotion), and entrants further waive all rights to have damages multiplied or otherwise increased.
9. Choice of Law
All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrants and Propstore in connection with the Promotion, shall be governed by and construed in accordance with the substantive laws of the State of California without regard to its choice of law provisions.
10. Release and Limitations of Liability
Entrants agree to be bound by these Official Rules and the decisions of Propstore, which are final and binding in all matters relating to this Promotion. Entrants agree, by entering the Promotion, that Propstore, Allied Financial Advisors LLC, in association with TWOWS LLC, Sony Pictures Television Inc., Amazon Content Services LLC, and each of their respective parents, affiliates, subsidiaries, shareholders, members, officers, directors, representatives, employees, agents, retailers, distributors, suppliers, and advertising and promotion agencies (collectively, the “Released Parties”) shall have no liability and will be held harmless by entrants from any claim, action, liability, loss, injury or damage to entrants or any other person or entity, including, without limitation, personal injury or death or damage to personal or real property, due in whole or in part, directly or indirectly, to the acceptance, possession, use or misuse of the Prize or participation in this Promotion. By accepting the Prize, the winner is assuming the risk of injury in owning and operating the Prize under all situations and circumstances.
Propstore reserves the right in its sole discretion to disqualify any individual who is found to be tampering with the entry process or the operation of the Promotion, to be acting in violation of these Official Rules, or to be acting in an unsportsmanlike or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Promotion, or to annoy, abuse, threaten or harass any other person, and Propstore reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law.
No mechanically reproduced, illegible, incomplete, forged, software-generated or other automated multiple entries will be accepted. Propstore reserves the right to modify, extend, suspend, or terminate the Promotion if it determines, in its sole discretion, that the Promotion is technically impaired or corrupted or that fraud or technical problems, failures or malfunctions or other causes beyond Propstore’s control have destroyed or severely undermined or to any degree impaired the integrity, administration, security, proper play and/or feasibility of the Promotion as contemplated herein.
In the event an insufficient number of eligible entries are received and/or Propstore is prevented from awarding the Prize or continuing with the Promotion as contemplated herein by any event beyond its control, including, but not limited to, fire, flood, natural or man-made epidemic of health or other means, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal state or local government law, order, or regulation, public health crisis, order of any court or jurisdiction, or other cause not reasonably within Propstore’s control (each a “Force Majeure” event or occurrence), then, subject to any governmental approval which may be required, Propstore shall have the right to modify, suspend, extend or terminate the Promotion. If the Promotion is terminated before the designated end date, Propstore will (if possible) select the winner in a random drawing from all eligible, non-suspect entries received as of the date of the event giving rise to the termination. Inclusion in such drawing shall be each entrant’s sole and exclusive remedy under such circumstances. These Official Rules cannot be modified or amended in any way except in a written document issued in accordance with law by a duly authorized representative of Propstore. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
Propstore are not responsible for any injuries, damages, or losses incurred as a result of using or owning the Prize. The winner assumes all risk associated with the operation and ownership of the Prize. It is the responsibility of the winners to ensure he/she has the necessary skills, training, and appropriate safety gear to operate the Prize safely and responsibly.
11. Publicity and Use of Personal Information
Please note that your personal information will be used to process your entry, to contact you about your entry, and for the purpose outlined below. Please see Propstore’s Privacy Policy for more details regarding how Propstore will use your personal information. The surname and city of the winner will be published at https://propstore.com/competition-winners/ for 2 weeks after the Promotion closing date. Entrants who do not want their surname and city included on the winner list referred to above must notify Propstore within a reasonable period before the closing date of the Promotion. The winner of this Promotion may be asked to participate in publicity.