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Terms and Conditions
THE PROP STORE OF LONDON
BUYER TERMS AND CONDITIONS
These legal terms and conditions will apply to any contract between The Prop Store of London ('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 The Prop Store of London Inc. You contract for orders from our London office will be between you and the partners of The Prop Store of London.
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 located in the Los Angeles office shall include a sales tax of 9% for all sales within California. Delivery addresses outside California will be exempt from the California 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.
Items will be your responsibility from the completion of delivery and you will only own the items once we have received payment in full (including all applicable shipping charges.
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
"Attribution" is defined by Prop Store as the production association and usage of the piece, as the case may be as set forth in the Title and Description of an online listing, as amended by any online notices and announcements at the time of sale. We make no warranties as to information not contained in an online item heading or description subject to the exclusions listed below.
Prop Store warrants the "Attribution," as defined above and subject to the exclusions listed below, of an item as backed by a certificate of authenticity ("COA"). Our COA is reinforced by a lifetime, money-back guarantee. If it is determined to our satisfaction that the "Attribution" is incorrect, the sale will be rescinded if the item is returned to Prop Store's warehouse facility in the same condition in which it was at the time of sale. In order to satisfy Prop Store that the "Attribution" of an item is indeed incorrect, we reserve 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 buyer, before we agree to rescind the sale under the warranty.
COAs cannot be reissued, so please take care to keep your COAs safe. Our COAs are transferable to a new owner. Each item is allocated a unique serial number which enables us to store the original sale on our database. As long as our original COA accompanies the original item, we will treat any inquiry regarding the "Attribution" as if it was from the original buyer.
Should a sale be rescinded and the purchase price paid, it is specifically understood that this will be considered the sole remedy. To the fullest extent permitted by law, it is exclusive and in lieu of any other remedy available as a matter of law, or in equity.
Exclusions will be made and this warranty does not apply to "Attribution" which on the date of sale was in accordance with the then generally accepted opinion of scholars and specialists, or the identification of periods or dates of execution which may be proven inaccurate by means of scientific processes not generally accepted for use until after publication of the listing online, or which were unreasonably expensive or impractical to employ.