{"id":2386,"date":"2013-09-03T11:49:41","date_gmt":"2013-09-03T11:49:41","guid":{"rendered":"http:\/\/www.propstore.com\/?page_id=2386"},"modified":"2021-07-27T09:44:13","modified_gmt":"2021-07-27T09:44:13","slug":"terms-conditions","status":"publish","type":"page","link":"https:\/\/propstore.com\/terms-conditions\/","title":{"rendered":"Terms & Conditions"},"content":{"rendered":"

BUYER TERMS AND CONDITIONS<\/strong><\/p>\n

These legal terms and conditions will apply to any contract between Propstore (‘Propstore’) and you, the buyer, for the sale of items in Propstore’s Inventory. You will be asked to agree to these terms before you place an order.<\/p>\n

The Propstore’s Inventory is comprised of items located in two separate offices – London and Los Angeles.\u00a0 The location of each item is signified in each listing by the relevant country flag in the lower right hand corner.\u00a0 Prices for all items are provided in both GBP and USD.<\/p>\n

As Propstore 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 Propstore’s London office and some to orders for items located in Propstore’s Los Angeles office. All other terms apply regardless of the location of the items.<\/p>\n

Your contract for orders from our Los Angeles office will be between you and Propstore. You contract for orders from our London office will be between you and the partners of Propstore.<\/p>\n

Payment:<\/strong> Items located in the London office will be charged in GBP, with the USD price serving only as a guide.\u00a0 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.\u00a0 Items located in the London office shall include VAT at the prevailing rate (currently 20%) for all sales within the EEC.\u00a0\u00a0 Delivery addresses outside the EEC will be exempt from VAT.\u00a0 Items located in the Los Angeles office will be charged in USD, with the GBP price serving only as a guide.\u00a0 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.\u00a0 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:<\/p>\n

California – 9.5%
\nIllinois – 6.25%
\nKansas – 6.5%
\nMichigan – 6%
\nNorth Carolina – 6.75%
\nOhio – 7.25%
\nWashington – 10.1%<\/p>\n

Delivery addresses outside of these states will be exempt from state sales tax.<\/p>\n

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 Propstore, you may pay for your purchased items through a payment plan.\u00a0 The plan requires a 20% non-refundable deposit to be made by you at the time of purchase, which secures your item.\u00a0 You must also provide a credit card number and authorization for Propstore to charge the same for the remaining balance of your purchase, which shall be made in equal monthly, installment payments.\u00a0 Your item(s) shall be shipped once all payments have been made.<\/p>\n

Cancellation:<\/strong> Once selected, the purchase may be canceled only under exceptional circumstances and only at the sole the discretion of Propstore.\u00a0 All sales are final. Due to the usually unique nature of Propstore’s Inventory, we do not offer an evaluation or cooling-off period. Should any such cancellation be permitted by the Propstore, 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.\u00a0 There shall be no cash refunds.\u00a0 Store credit can only be used in the Propstore office (London or Los Angeles) at which the payment plan was held.\u00a0 In the event of a cancellation, the 20% deposit is absolutely non-refundable and non-transferable to other products.<\/p>\n

Shipping:<\/strong>\u00a0 Buyer pays all shipping costs.\u00a0 The buyer is responsible for all fees including duties, taxes, VAT, customs and other charges for items shipped.\u00a0 All property must be shipped at the buyer’s expense.\u00a0 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.\u00a0 Propstore will ship all packages with the full value of the goods declared.\u00a0 Buyer understands and agrees that Propstore shall have no obligation or responsibility for any import duties, taxes, VAT, customs, shipping or other charges for the items shipped.<\/p>\n

It is the Buyer’s responsibility to ensure that any property 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 were properly complied with.\u00a0 Buyer understands and agrees that Propstore shall have no obligation or responsibility for complying with any export procedures, regulations, or laws applicable to the property.<\/p>\n

In the event that a customer refuses to accept a shipment due to import duty charges, and the item is returned to Propstore, 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.\u00a0 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 Propstore, and may not be transferred to another office.<\/p>\n

Warranties:<\/strong>\u00a0 Propstore guarantees the authenticity of Attribution of property listed online as stated in the Terms of Guarantee (set out below).\u00a0 Except for the Limited Warranty contained in the Terms of Guarantee all items are sold “As Is.”\u00a0 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.\u00a0 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.\u00a0 To the fullest extent permitted by law, we are not responsible for errors and omissions in the online listings or any other supplemental material.\u00a0 Propstore assumes no liability or responsibility for any errors or omissions in the content of its website.<\/p>\n

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.\u00a0 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.\u00a0 Buyer understands and agrees that Propstore shall have no liability for any such loss or injury and Buyer expressly releases Propstore from any such loss or injury, save that, in the UK, Propstore 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.<\/p>\n

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.<\/p>\n

Buyer assumes all risks associated with the use (including browsing) of Propstore’s website.\u00a0 Save to the extent expressly set out above, neither Propstore 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.\u00a0 Propstore 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.<\/p>\n

Propstore does not own any copyrights or trademarks to the items, or depictions thereof (the “Images”), appearing for sale on its website.\u00a0 Items and Images may or may not permit reuse or modification.\u00a0 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.\u00a0 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.<\/p>\n

Any Images appearing on Propstore’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.\u00a0 Please note that multiple costumes and props are produced for specific filming requirements.<\/p>\n

Buyer agrees to indemnify and hold harmless Propstore and its directors, employees, affiliates, contractors and agents from any third-party claims, actions, suits, judgments, losses, damages, costs and expenses (including reasonable attorneys’ fees) asserted against or incurred by Propstore that arise out of or result from any act or omission by Buyer arising out of or relating to Buyer’s infringement of any copyrights or trademarks in or to the items or Images.<\/p>\n

Breach\/remedies:<\/strong> 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.\u00a0 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.\u00a0 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.\u00a0 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.\u00a0 Payment will not be deemed to have been made in full until we have collected good funds.<\/p>\n

Save where expressly stated to the contrary above, under no circumstance will Propstore incur liability to a buyer in excess of the purchase price actually paid.<\/p>\n

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.<\/p>\n

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.<\/p>\n

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.<\/p>\n

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.<\/p>\n

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.<\/p>\n

For items located in Los Angeles, any claim or controversy arising out of or relating to the sale of the item between buyer and Propstore shall be submitted to arbitration in Los Angeles County, California before an arbitrator from the Judicial Arbitration and Mediation Services, Inc. (“JAMS”) and conducted under its Comprehensive Arbitration Rules, as the exclusive remedy for such claim or controversy.\u00a0 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.\u00a0 By agreeing to arbitrate, the parties waive any right they have to a court or jury trial.\u00a0 The decision of the arbitrator shall be final and binding.\u00a0 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.\u00a0 The prevailing party shall be entitled to recover the party’s attorneys’ fees and costs incurred in connection with the arbitration.<\/p>\n

TERMS OF GUARANTEE OF ATTRIBUTION<\/strong><\/p>\n

Propstore warrants the attribution of each product as stated in the title block (film title and item title) of that product in the Propstore 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 Propstore’s Guarantee of Attribution. Buyers should be aware that multiple examples of props and costumes are frequently used during production and it is often impossible to determine whether a specific piece has been used on-camera. Any specific on-camera usage known to Propstore will be noted within the description, but no warranties are given by Propstore on that description.<\/p>\n

If a buyer demonstrates, to Propstore\u2019s reasonable satisfaction, that the Guarantee of Attribution is materially incorrect, the sale will be rescinded if the product is returned to Propstore in the same condition in which it was at the time of sale. In order to satisfy Propstore that the Guarantee of Attribution is materially incorrect, Propstore reserves the right to require the buyer to obtain, at the buyer\u2019s expense, the opinion of two experts in the field, mutually acceptable to Propstore and the buyer.<\/p>\n

In the event a sale is rescinded in accordance with condition 10.2, Propstore shall repay to the buyer the purchase price. Repayment of the purchase price shall be the buyer\u2019s 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\u2019s sole remedy under this clause 10.<\/p>\n

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.<\/p>\n

Except as expressly provided in these Conditions Propstore 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.<\/p>\n

Privacy Policy (UK)<\/strong>\"\"<\/p>\n

1. Introduction<\/strong><\/p>\n

This is our privacy policy. It tells you how we collect and process data received from you on our site. By visiting [URL of website], you are accepting and consenting to the practices described in this policy.<\/p>\n

If you have any comments on this privacy policy, please email them to Tim Lawes<\/a>.<\/p>\n

2. Who We Are<\/strong><\/p>\n

Here are the details that the Data Protection Act 1998 says we have to give you as a ‘data controller’:<\/p>\n

Our site address is www.propstore.com<\/a> Our company name is Propstore Limited<\/p>\n

Our registered address is Bourbon Count, Nightingales Corner, Little Chalfont, Bucks HP7 9QS<\/p>\n

Our nominated representative is Tim Lawes<\/p>\n

3. What we may collect<\/strong><\/p>\n

We may collect and process the following data about you:<\/p>\n

\u2022 Your name, residential address, telephone number and email address provided by you<\/p>\n

\u2022 Information you put into forms or surveys on our site at any time<\/p>\n

\u2022 A record of any correspondence between us (by phone, email or otherwise)<\/p>\n

\u2022 Details of transactions you carry out through our site<\/p>\n

\u2022 Details of your visits to our site and the resources you use<\/p>\n

Information about your computer (e.g. your IP address, browser, operating system, etc.) for system administration and to report aggregate information to our advertisers.<\/p>\n

4. Cookies<\/strong><\/p>\n

We use cookies to distinguish users and improve our site. Please look at our Cookie Policy here<\/a> for more cookie information.<\/p>\n

5. How we use what we collect<\/strong><\/p>\n

We use information about you to:<\/p>\n

Present site content effectively to you<\/p>\n

Provide information, products and services that you request, or (with your consent) which we think may interest you<\/p>\n

Administer our site and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes<\/p>\n

Keep our site safe and secure<\/p>\n

Carry out our contracts with you (see more in Section 8 below)<\/p>\n

Allow you to use our interactive services if you want to<\/p>\n

Tell you our charges<\/p>\n

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.<\/p>\n

If you are already our customer, we will only contact you electronically about things similar to what was previously sold to you.<\/p>\n

If you are a new customer, you will only be contacted if you have consented to it.<\/p>\n

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.<\/p>\n

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.<\/p>\n

6. Where we store your data<\/strong><\/p>\n

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.<\/p>\n

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.<\/p>\n

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.<\/p>\n

7. Disclosing your information<\/strong><\/p>\n

We are allowed to disclose your information in the following cases:<\/p>\n

If we want to sell our business, or our company, we can disclose it to the potential buyer<\/p>\n

We can disclose it to other businesses in our group<\/p>\n

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.<\/p>\n

We can exchange information with others to protect against fraud or credit risks.<\/p>\n

We can disclose it to business partners, suppliers and contractors for the performance of any contract we enter into with them or you.<\/p>\n

We can provide it to analytics and search engine providers that assist us in the improvement and optimization of our site.<\/p>\n

We can disclose it in order to enforce our terms and conditions here<\/a> and any other legal agreements.<\/p>\n

8. Use of Information<\/strong><\/p>\n

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:<\/p>\n

\u2022 make available each Lot you have won for shipping to you;<\/p>\n

\u2022 process your payment;<\/p>\n

\u2022 contact credit reference agencies and keep records of any searches carried out on our behalf;<\/p>\n

\u2022 inform you about other auctions, products and services provided by us and our affiliates (please contact us by email at enquiries@propstore.com<\/a> or by phone
\n+44 (0)1494 766485 if you wish to stop receiving these)<\/p>\n

9. Your rights<\/strong><\/p>\n

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 tim@propstore.com<\/a>. The Data Protection Act 1998 gives you the right to see information we hold about you. We can charge you a fee (currently \u00a310) for this service.<\/p>\n

10. Links to other sites<\/strong><\/p>\n

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.<\/p>\n

11. Changes<\/strong><\/p>\n

If we change our Privacy Policy, we will post the changes on this page. If we decide to, we may also email you.<\/p>\n

Privacy Policy (US)<\/strong>\"\"<\/p>\n

1. Introduction<\/strong><\/p>\n

This is our Privacy Policy. It tells you how we collect, process, and maintain data received from you on our site.<\/p>\n

This privacy policy is effective as of February 25, 2015<\/p>\n

If you have any comments or questions on this privacy policy, please email them to support@propstore.com<\/a>.<\/p>\n

2. Who We Are<\/strong><\/p>\n

Our site address is www.propstore.com<\/a> Our company name is The Propstore of London, Inc. d\/b\/a Propstore.<\/p>\n

Our registered address is 9000 Fullbright Avenue, Chatsworth, California 91311<\/p>\n

3. What we collect<\/strong><\/p>\n

We may collect, maintain, and use the following data about you:<\/p>\n

\u2022 Your first and last name;<\/p>\n

\u2022 Your home address or other physical address provided by you;<\/p>\n

\u2022 Your telephone number; and<\/p>\n

\u2022 Your email address.<\/p>\n

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.<\/p>\n

4. How we use what we collect<\/strong><\/p>\n

We use information about you to:<\/p>\n

\u2022 Present site content effectively to you;<\/p>\n

\u2022 Provide information, products and services that you request, or (with your consent) which we think may interest you;<\/p>\n

\u2022 Carry out our contracts with you;<\/p>\n

\u2022 Allow you to use our interactive services, if you want to;<\/p>\n

\u2022 Tell you our charges; and\/or<\/p>\n

\u2022 Tell you about other goods and services that might interest you or for our general marketing purposes.<\/p>\n

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 supportla@propstore.com<\/a>.<\/p>\n

5. Disclosing your information<\/strong><\/p>\n

You understand and agree that we are allowed to disclose your information in the following cases:<\/p>\n

\u2022 To our consignors;<\/p>\n

\u2022 If we want to sell our business, or our company, to the potential buyer;<\/p>\n

\u2022 To any of our affiliates, subsidiaries, parents, or related companies;<\/p>\n

\u2022 Pursuant to a court order or other requirement under applicable law; and<\/p>\n

\u2022 To governmental agencies or other entities as necessary to protect against fraud.<\/p>\n

6. Links to other sites<\/strong><\/p>\n

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.<\/p>\n

7. Changes<\/strong><\/p>\n

From time to time, we may change our Privacy Policy. If we do so, we will post the changes on this page. At our option, we may also email you. However, it is your responsibility to review our website for any changes to our Privacy Policy, regardless of whether we notify you of the same.<\/p>\n","protected":false},"excerpt":{"rendered":"

BUYER TERMS AND CONDITIONS These legal terms and conditions will apply to any contract between Propstore (‘Propstore’) and you, the buyer, for the sale of items in Propstore’s Inventory. You will be asked to agree to these terms before you place an order. The Propstore’s Inventory is comprised of items located in two separate offices […]<\/p>\n","protected":false},"author":226,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"open","template":"","meta":{"_acf_changed":false,"footnotes":""},"class_list":["post-2386","page","type-page","status-publish","hentry"],"acf":[],"_links":{"self":[{"href":"https:\/\/propstore.com\/wp-json\/wp\/v2\/pages\/2386"}],"collection":[{"href":"https:\/\/propstore.com\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/propstore.com\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/propstore.com\/wp-json\/wp\/v2\/users\/226"}],"replies":[{"embeddable":true,"href":"https:\/\/propstore.com\/wp-json\/wp\/v2\/comments?post=2386"}],"version-history":[{"count":14,"href":"https:\/\/propstore.com\/wp-json\/wp\/v2\/pages\/2386\/revisions"}],"predecessor-version":[{"id":21982,"href":"https:\/\/propstore.com\/wp-json\/wp\/v2\/pages\/2386\/revisions\/21982"}],"wp:attachment":[{"href":"https:\/\/propstore.com\/wp-json\/wp\/v2\/media?parent=2386"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}