BUYER TERMS AND CONDITIONS
These legal terms and conditions will apply to any contract between Prop Store (‘Prop Store’) and you, the buyer, for the sale of items in Prop Store’s Inventory. You will be asked to agree to these terms before you place an order.
The Prop Store’s Inventory is comprised of items located in two separate offices – London and Los Angeles. The location of each item is signified in each listing by the relevant country flag in the lower right hand corner. Prices for all items are provided in both GBP and USD.
As Prop Store operates from two countries some of the terms below are necessarily specific to the relevant local laws. Accordingly, some of the terms below are stated to apply to orders for items located in Prop Store’s London office and some to orders for items located in Prop Store’s Los Angeles office. All other terms apply regardless of the location of the items.
Your contract for orders from our Los Angeles office will be between you and Prop Store. You contract for orders from our London office will be between you and the partners of Prop Store.
Payment: Items located in the London office will be charged in GBP, with the USD price serving only as a guide. For buyers located outside Great Britain, prices charged in GBP for the purchased item will be converted to their respective native currency at the then-applicable rate on the date the charge is processed by buyer’s financial institution or credit card company. Items located in the London office shall include VAT at the prevailing rate (currently 20%) for all sales within the EEC. Delivery addresses outside the EEC will be exempt from VAT. Items located in the Los Angeles office will be charged in USD, with the GBP price serving only as a guide. For buyers located outside of the United States, prices charged in USD for the purchased items will be converted to their respective native currency at the then-applicable rate on the date the charge is processed by buyer’s financial institution or credit card company. Items ordered from the Los Angeles office shall include state sales tax, at the state’s prevailing rate, when being shipped to the following states:
California – 9.5%
Illinois – 6.25%
Kansas – 6.5%
Michigan – 6%
North Carolina – 6.75%
Ohio – 7.25%
Washington – 10.1%
Delivery addresses outside of these states will be exempt from state sales tax.
Payment in full for all items is required at the time of order, unless we agree a payment plan with you in advance. Upon application and approval by Prop Store, you may pay for your purchased items through a payment plan. The plan requires a 20% non-refundable deposit to be made by you at the time of purchase, which secures your item. You must also provide a credit card number and authorization for Prop Store to charge the same for the remaining balance of your purchase, which shall be made in equal monthly, installment payments. Your item(s) shall be shipped once all payments have been made.
Cancellation: Once selected, the purchase may be canceled only under exceptional circumstances and only at the sole the discretion of Prop Store. All sales are final. Due to the usually unique nature of Prop Store’s Inventory, we do not offer an evaluation or cooling-off period. Should any such cancellation be permitted by the Prop Store, any payments made by you (under a payment plan or otherwise) prior to the cancellation shall be issued in the form of store credit only against future purchases and may not be transferred to any other existing payment plan. There shall be no cash refunds. Store credit can only be used in the Prop Store office (London or Los Angeles) at which the payment plan was held. In the event of a cancellation, the 20% deposit is absolutely non-refundable and non-transferable to other products.
Shipping: Buyer pays all shipping costs. The buyer is responsible for all fees including duties, taxes, VAT, customs and other charges for items shipped. All property must be shipped at the buyer’s expense. It is each buyer’s sole obligation and responsibility to be aware of, to comply with, and to bear all relevant import duties, taxes, VAT, customs and other fees charged by buyer’s local government and/or tax authority. Prop Store will ship all packages with the full value of the goods declared. Buyer understands and agrees that Prop Store shall have no obligation or responsibility for any import duties, taxes, VAT, customs, shipping or other charges for the items shipped.
It is the Buyer’s responsibility to ensure that any property purchased from Prop Store enters the shipping location lawfully, that all duties and taxes have been paid and that all required export procedures, regulations, and laws were properly complied with. Buyer understands and agrees that Prop Store shall have no obligation or responsibility for complying with any export procedures, regulations, or laws applicable to the property.
In the event that a customer refuses to accept a shipment due to import duty charges, and the item is returned to Prop Store, the customer shall be subject to a charge of 20% of the purchase price of the returned item, plus all shipping charges incurred in the shipment and return shipment of the item. The balance of the price paid for the item will be issued only as a store credit to be used against future purchases. Store credits are proprietary to each office of Prop Store, and may not be transferred to another office.
Warranties: Prop Store guarantees the authenticity of Attribution of property listed online as stated in the Terms of Guarantee (set out below). Except for the Limited Warranty contained in the Terms of Guarantee all items are sold “As Is.” To the fullest extent permitted by law, we make no warranties as to the merchantability or fitness for a particular purpose, the correctness of the description of the physical condition, size, quality, rarity, importance, medium, provenance, exhibitions, literature or historical relevance of any items sold by us. No oral or written statements made in the online listing, advertisement, and bill of sale or elsewhere made by employees (including affiliated and related companies) shall be considered a warranty or representation. To the fullest extent permitted by law, we are not responsible for errors and omissions in the online listings or any other supplemental material. Prop Store assumes no liability or responsibility for any errors or omissions in the content of its website.
All items are sold as collectibles and/or memorabilia for display purposes only, and are not deemed, intended, represented, or implied to be fit for any other purpose. Buyer 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. Buyer understands and agrees that Prop Store shall have no liability for any such loss or injury and Buyer expressly releases Prop Store from any such loss or injury, save that, in the UK, Prop Store does not exclude or limit its liability for (1) death or personal injury caused by our negligence; (2) fraud or fraudulent misrepresentation; or (3) any breach of your statutory rights to title and quiet possession of the items; or (4), only if you are a consumer, any breach of your statutory implied rights under sections 13 to 15 of the Sale of Goods Act 1979.
Only the memorabilia item shown in the photos of a given product listing is included in the sale. Mannequins, display stands, scale measures and color charts are not included with your purchase, unless expressly stated in the product description.
Buyer assumes all risks associated with the use (including browsing) of Prop Store’s website. Save to the extent expressly set out above, neither Prop Store nor any other party involved in creating, producing, or delivering the website is liable for any direct, incidental, consequential, indirect, or punitive damages arising out of buyer’s access to, or use of, the website. Prop Store assumes no responsibility, and shall not be liable for, any damages to buyer’s computer software or hardware or other property caused by buyer’s access to, use of, or browsing in the website or buyer’s downloading of any materials, data, text, images, video, or audio from the website.
Prop Store does not own any copyrights or trademarks to the items, or depictions thereof (the “Images”), appearing for sale on its website. Items and Images may or may not permit reuse or modification. Save to the extent required by law, we make no representations and warranties, express or implied, as to whether the buyer acquires any copyrights, including but not limited to, any reproduction rights of any property. The conditions for distribution, duplication, public performance or creation of derivative works from the item or the Images should be individually checked with the rightful owners.
Any Images appearing on Prop Store’s website are solely for reference purposes and is not intended or deemed to be a representation or warranty of the item depicted within the Image. Please note that multiple costumes and props are produced for specific filming requirements.
Buyer agrees to indemnify and hold harmless Prop Store 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 Prop Store that arise out of or result from any act or omission by Buyer arising out of or relating to Buyer’s infringement of any copyrights or trademarks in or to the items or Images.
Breach/remedies: If any applicable conditions herein are not complied with (to a material extent), buyer 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 buyer 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 buyer, retaining as liquidated damages all payments made by buyer, or (b) resell the purchased item, or (c) effect any combination thereof. In any case, buyer 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 buyer from us or any affiliated company, or any payment made by buyer to us or any affiliated company, where or not intended to reduce buyer’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 buyer 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 buyer 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.
Save where expressly stated to the contrary above, under no circumstance will Prop Store incur liability to a buyer in excess of the purchase price actually paid.
Neither party will be liable or responsible for any failure to perform or delay in performance of any of its obligations that is caused by an event outside its reasonable control including, without limitation, industrial action, civil commotion, war, terrorist attack, fire or natural disaster or failure of third party public or private transport.
Each sentence and paragraph of these terms operates separately and if any court or relevant authority decides that any of them are unenforceable, the remaining paragraphs will remain in full force and effect.
If we delay or fail to insist that you perform any of your obligations under these terms it will not mean we have waived our rights.
For items located in Los Angeles, the terms and conditions of sale herein described shall be enforced in accordance with, and governed by the laws of the State of California.
For items located in London, the terms and conditions of sale herein described shall be enforced in accordance with, and governed by, the laws of England and Wales and we both agree that the courts of England and Wales shall have non-exclusive jurisdiction.
For items located in Los Angeles, any claim or controversy arising out of or relating to the sale of the item between buyer and Prop Store shall be submitted to arbitration in Los Angeles County, California before an arbitrator from the Judicial Arbitration and Mediation Services, Inc. (“JAMS”) and conducted under its Comprehensive Arbitration Rules, as the exclusive remedy for such claim or controversy. Both parties further agree that the arbitration shall be conducted before a single JAMS arbitrator who is a retired California or federal judge or justice. By agreeing to arbitrate, the parties waive any right they have to a court or jury trial. The decision of the arbitrator shall be final and binding. The parties further agree that, upon application of the prevailing party, any Judge of the Superior Court of the State of California, for the County of Los Angeles, may enter a judgment based on the final arbitration award issued by the JAMS arbitrator, and the parties expressly agree to submit to the jurisdiction of this Court for such a purpose. The prevailing party shall be entitled to recover the party’s attorneys’ fees and costs incurred in connection with the arbitration.
TERMS OF GUARANTEE OF ATTRIBUTION
Prop Store warrants the attribution of each product as stated in the title block (film title and item title) of that product in the Prop Store e-commerce sales platform, subject to any revisions (which may be given in writing or online before the product is purchased by the buyer); this is Prop Store’s Guarantee of Attribution. Buyers should be aware that multiple examples of props and costumes are frequently used during production and it is often impossible to determine whether a specific piece has been used on-camera. Any specific on-camera usage known to Prop Store will be noted within the description, but no warranties are given by Prop Store on that description.
If a buyer demonstrates, to Prop Store’s reasonable satisfaction, that the Guarantee of Attribution is materially incorrect, the sale will be rescinded if the product is returned to Prop Store in the same condition in which it was at the time of sale. In order to satisfy Prop Store that the Guarantee of Attribution is materially incorrect, Prop Store reserves the right to require the buyer to obtain, at the buyer’s expense, the opinion of two experts in the field, mutually acceptable to Prop Store and the buyer.
In the event a sale is rescinded in accordance with condition 10.2, Prop Store shall repay to the buyer the purchase price. Repayment of the purchase price shall be the buyer’s sole remedy 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.
The buyer expressly agrees that Prop Store shall not be liable in whole or in part, for, and the buyer shall not be entitled to recover, any special, indirect, incidental or consequential damages including loss of profits or value of investment or opportunity cost.
Except as expressly provided in these Conditions Prop Store shall have no liability to the buyer in respect of a product and all and any implied warranties and conditions are excluded to the fullest extent permitted by law.
2. Who We Are
Here are the details that the Data Protection Act 1998 says we have to give you as a ‘data controller’:
Our site address is www.propstore.com Our company name is Prop Store Limited
Our registered address is Bourbon Count, Nightingales Corner, Little Chalfont, Bucks HP7 9QS
Our nominated representative is Tim Lawes
3. What we may collect
We may collect and process the following data about you:
• Your name, residential address, telephone number and email address provided by you
• Information you put into forms or surveys on our site at any time
• A record of any correspondence between us (by phone, email or otherwise)
• Details of transactions you carry out through our site
• Details of your visits to our site and the resources you use
Information about your computer (e.g. your IP address, browser, operating system, etc.) for system administration and to report aggregate information to our advertisers.
5. How we use what we collect
We use information about you to:
Present site content effectively to you
Provide information, products and services that you request, or (with your consent) which we think may interest you
Administer our site and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes
Keep our site safe and secure
Carry out our contracts with you (see more in Section 8 below)
Allow you to use our interactive services if you want to
Tell you our charges
Tell you about other goods and services that might interest you. We will also let other people do this, and we (or they) may contact you.
If you are already our customer, we will only contact you electronically about things similar to what was previously sold to you.
If you are a new customer, you will only be contacted if you have consented to it.
If you don’t want to be contacted for marketing purposes (by us and/or third parties, please tick the relevant box that you will find on screen to opt out.
Please note: We don’t identify individuals to our advertisers, but we do give them aggregate information to help them reach their target audience, and we may use information we have collected to display advertisements to that audience.
6. Where we store your data
We may transfer your collected data to storage outside the European Economic Area (EEA). It may be processed outside the EEA to fulfil your order and deal with payment and/or provide support services.
By giving us your personal data, you agree to this transfer, storing or processing. We will do what we reasonably can to keep your data secure.
Payment will be encrypted. If we give you a password, you must keep it confidential. Please don’t share it. Although we try to provide protection, we cannot guarantee complete security for your data, and you accept the risk that any sending data may not be secure despite our efforts.
7. Disclosing your information
We are allowed to disclose your information in the following cases:
If we want to sell our business, or our company, we can disclose it to the potential buyer
We can disclose it to other businesses in our group
We can disclose it if we have a legal obligation to do so, or in order to protect other people’s property, safety or rights.
We can exchange information with others to protect against fraud or credit risks.
We can disclose it to business partners, suppliers and contractors for the performance of any contract we enter into with them or you.
We can provide it to analytics and search engine providers that assist us in the improvement and optimization of our site.
We can disclose it in order to enforce our terms and conditions here and any other legal agreements.
8. Use of Information
We will hold all personal information provided by you in our auctions at registration and you agree and consent to such information being used by us to:
• make available each Lot you have won for shipping to you;
• process your payment;
• contact credit reference agencies and keep records of any searches carried out on our behalf;
• inform you about other auctions, products and services provided by us and our affiliates (please contact us by email at firstname.lastname@example.org or by phone
+44 (0)1494 766485 if you wish to stop receiving these)
9. Your rights
You can ask us not to use your data for marketing. You can do this by ticking the relevant boxes on our forms, or by contacting us at any time at email@example.com. The Data Protection Act 1998 gives you the right to see information we hold about you. We can charge you a fee (currently £10) for this service.
10. Links to other sites
Please note that our terms and conditions and our policies will not apply to other websites that you get to via a link from our site. We do not accept any responsibility or liability for data use on such websites.
2. Who We Are
Our site address is www.propstore.com Our company name is The Prop Store of London, Inc. d/b/a Prop Store.
Our registered address is 9000 Fullbright Avenue, Chatsworth, California 91311
3. What we collect
We may collect, maintain, and use the following data about you:
• Your first and last name;
• Your home address or other physical address provided by you;
• Your telephone number; and
• Your email address.
In order to register to bid in our Auction and to use our site, you must create an online account. Once you have created your account, you may update or change your personally identifiable information at any time through your online account.
4. How we use what we collect
We use information about you to:
• Present site content effectively to you;
• Provide information, products and services that you request, or (with your consent) which we think may interest you;
• Carry out our contracts with you;
• Allow you to use our interactive services, if you want to;
• Tell you our charges; and/or
• Tell you about other goods and services that might interest you or for our general marketing purposes.
If you do not wish to have us use the collected data for our marketing purposes, you can opt out by checking the box on our registration form, or by contacting us at any time at firstname.lastname@example.org.
5. Disclosing your information
You understand and agree that we are allowed to disclose your information in the following cases:
• To our consignors;
• If we want to sell our business, or our company, to the potential buyer;
• To any of our affiliates, subsidiaries, parents, or related companies;
• Pursuant to a court order or other requirement under applicable law; and
• To governmental agencies or other entities as necessary to protect against fraud.
6. Links to other sites
Please note that our terms and conditions and our Private Policy will not apply to other websites that you may access via a link from our site. Should you visit other websites through any links provided from our site, please be advised that these other websites will not have access to any personally identifiable information you provided to us. We do not share your personally identifiable information with these other websites.