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BACK TO THE FUTURE PART II (1989) - Marty McFly's (Michael J. Fox) Stetson Trilby
Marty McFly's (Michael J. Fox) Stetson trilby from Robert Zemeckis' sci-fi sequel Back to the Future: Part II. One of only two made for the film, the trilby was worn by Marty throughout his return trip to 1985, while pursuing the stolen Grays Sports Almanac.
Created by the John B. Stetson Co., this hat is crafted from felt with an interior leather sweatband that has a printed message reading, "Made by Stetson Especially for Michael J. Fox". The trilby has a 1 3/4" brim and features a black hat band with a bow tied on the left side. Marty's hat shows some wear due to production use and age, with small abrasions to the fabric.
Estimate: £10,000 - 20,000 M
View all lots from BACK TO THE FUTURE PART II (1989)
View all lots from BACK TO THE FUTURE - ALL ITEMS
Bidding for this lot will end on Thursday, November 9th. The auction will begin at 3:00PM BST and lots are sold sequentially via live auctioneer; tune in to the live streaming broadcast on auction day to follow the pace. Note other lots in the auction may close on Friday, November 10th, Saturday, November 11th or Sunday, November 12th.
Marty McFly's (Michael J. Fox) Stetson trilby from Robert Zemeckis' sci-fi sequel Back to the Future: Part II. One of only two made for the film, the trilby was worn by Marty throughout his return trip to 1985, while pursuing the stolen Grays Sports Almanac.
Created by the John B. Stetson Co., this hat is crafted from felt with an interior leather sweatband that has a printed message reading, "Made by Stetson Especially for Michael J. Fox". The trilby has a 1 3/4" brim and features a black hat band with a bow tied on the left side. Marty's hat shows some wear due to production use and age, with small abrasions to the fabric.
Estimate: £10,000 - 20,000 M
View all lots from BACK TO THE FUTURE PART II (1989)
View all lots from BACK TO THE FUTURE - ALL ITEMS
Bidding for this lot will end on Thursday, November 9th. The auction will begin at 3:00PM BST and lots are sold sequentially via live auctioneer; tune in to the live streaming broadcast on auction day to follow the pace. Note other lots in the auction may close on Friday, November 10th, Saturday, November 11th or Sunday, November 12th.
Entertainment Memorabilia Live Auction - London (November 9th, 10th, 11th & 12th 2023)
Sale Date(s)
Venue Address
For Propstore delivery information please telephone 01494 766485.
Important Information
Please note that all bids placed through 3rd party platforms will be subject to a buyer's expense of 5%. There is no fee for bids placed on propstoreauction.com
Day 1 and 2 of the auction will be held live with in-person bidding on Thursday 9th and Friday 10th November 2023 at BAFTA 195 Piccadilly, St. James's, London, W1J 9LN.
Please note in-person bidding is not available on Days 3 and 4 (Saturday 11th and Sunday 12th November), bids can be placed online or via telephone or written absentee form.
Terms & Conditions
Privacy Policy
Any personal information that you provide to Propstore will be dealt with in line with our privacy
policy (available at propstore.com/privacy-policy/ or requested by post or email), which explains
what information we collect and hold about you, and how we collect, store, use and share such
information, and subject to any additional specific consent(s) you may have given at the time your
information was disclosed to Propstore.
BUYER’S GUIDE
1. Introduction
This Buyers’ Guide contains a brief overview of Propstore’s auction process and the terms under
which Lots are made available for sale at auction (both live and online). A more detailed statement
of our Conditions of Sale follows this Buyer’s Guide. Please read the Buyer’s Guide and the
Conditions of Sale carefully.
By registering to bid and/or participating in a Propstore auction, you will be deemed to have
agreed to be bound by them.
2. Definitions
2.1 When the following words are used in this Buyers’ Guide, they mean:
Additional Premium: a premium calculated in the manner set out in this Buyer’s Guide and the
Conditions of Sale relating to the payment of royalties under the Artists Resales Rights
Regulations 2006, which is payable by the Buyer to Propstore on any Lot marked ‘AR’.
Auction: a sale by auction (which may be live or online) hosted by Propstore.
Bidder: any person, 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
or its auctioneer (as applicable), including a principal bidding as agent.
Buyer’s Premium: a commission of 25% (or £30, whichever is higher) plus VAT (if applicable) of the
Hammer Price for a Lot, payable by the Buyer to Propstore.
Buyer’s Expenses: a fee of 5% plus VAT (if applicable) of the Hammer Price charged to the Buyer for
a Lot won on any bidding platform other than propstoreauction.com, payable by the Buyer to
Propstore.
Conditions of Sale: Propstore’s terms and conditions of sale at Auction (as updated by Propstore
from time to time), a copy of which follows the Buyer’s Guide or as otherwise made available by
Propstore.
Cryptocurrency: the virtual or digital currency accepted by Propstore from time to time as payment,
using Propstore’s chosen payment processor 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 of the Conditions of Sale.
Hammer Price: the highest bid for a Lot accepted by the auctioneer at the Auction (in the case of a
live Auction) or auction platform before the Lot closes (in the case of an online Auction) 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.
Propstore: Prop Store Limited (company number 08622002) of Great House Farm, Chenies,
Rickmansworth, Hertfordshire, WD3 6EP.
Purchase Price: the Hammer Price plus Buyer’s Premium and, where applicable, plus the Buyer’s
Expenses, 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.
Working Days: a day other than a Saturday, Sunday or bank or public holiday in England.
VAT: value added tax at the prevailing rate in the United Kingdom at the date the sale of the Lot
occurs.
3. Before the Auction
3.1. Bidder Registration
3.1.1. 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).
3.1.2. If registration by you is required by Propstore, to register, the registration form made
available by Propstore must be completed in full and Propstore provided with valid Visa, MasterCard
or American Express credit card details to be held on file. If you are registering for a live
Auction, you must also provide Propstore with, if you are:
3.1.2.1. 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;
3.1.2.2. an organisation, a certified copy or original certificate of incorporation, or, in the
case of unregistered entities, other evidence satisfactory to Propstore. Please contact Propstore
on +44 (0)1494 766485 for confirmation of what will be acceptable; or
3.1.2.3. a person registering as an agent to bid on behalf of a third party, appropriate
identification documents as set out above for themselves and for the third party on whose behalf
they 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 the Conditions of
Sale.
3.1.3. Propstore reserve the right at its discretion to request such additional information from
time to time to complete its registration and identification processes, and to decline to register
any person as a Bidder.
3.2. Pre-Auction Viewing
3.2.1. For live Auctions, during the pre-Auction viewing period set out in the Auction catalogue,
any Bidder may preview Lots free of charge by prior appointment with Propstore.
3.2.2. For online Auctions, all Lots are available for viewing during the auction period by prior
appointment with Propstore.
3.3. Delivery Costs
3.3.1. Propstore can provide a shipping estimate for a Lot before the Auction. A Bidder requiring
this information should email support@propstore.com including the Lot number and shipping address
at least 3 Working Days before the start of the Auction. However, Propstore is not entering into a
contract with you in respect of any shipping estimate provided and accordingly, to fullest extent
permitted by applicable law, does not accept any responsibility to you in connection with it. Any
shipping estimate provided represents a guide and Propstore does not represent or warrant that it
is complete, accurate or not subject to change.
3.4. Bidders outside the United Kingdom.
3.4.1. 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.
3.4.2. Propstore’s recommended third-party independent freight agent can advise Bidders on
relevant export licensing regulations and may submit export licence applications upon request.
Neither Propstore nor its recommended freight agents can guarantee that any licences, permits or
consents will be granted.
4. At the Auction
4.1. Estimates
4.1.1. Lot estimates represent Propstore’s guide to Bidders made on behalf of the Seller and do
not give any indication or representation of actual values or likely bids. Estimates do not include
any Buyer’s Premium, Buyer’s Expenses, Additional Premium or VAT.
4.1.2. Propstore reserves the right to amend any Lot estimate at any time.
4.2. Reserve Price
4.2.1. The Reserve Price is the minimum price the Seller will accept for a Lot. The Reserve Price
will not be more than the lowest estimate given by Propstore. Propstore may disclose or keep
confidential the Reserve Price at its discretion.
4.3. Bidding
4.3.1. All bids are by individual Lot unless stated to the contrary. Lots will usually be sold in
their numbered sequence, unless stated otherwise.
4.3.2. All bids must be made in English only.
4.3.3. The following provisions only apply in relation to live Auctions:
4.3.3.1. The auctioneer may accept bids from Bidders present in the sale room, via telephone,
online or written bids delivered to Propstore before the Auction commences (using such forms made
available by Propstore for such purposes from time to time).
4.3.3.2. Telephone Bidders must provide to Propstore a list of Lots on which they intend to bid at
least 24 hours before the start of the Auction. Telephone bids will only be accepted on Lots with a
low-end estimate of at least £500 and telephone calls may be recorded by or on behalf of Propstore.
4.3.3.3. Written bids will be executed at the lowest possible price, considering the Reserve Price.
4.3.3.4. Online bids shall be made in accordance with and subject to the terms of the online
auction platform access provider.
4.3.3.5. The auctioneer may also execute (non-identified) bids on behalf of the Seller up to the
Reserve Price only. No bids may be made by the Seller in excess of the Reserve Price.
4.3.3.6. At its discretion, Propstore reserves the right to apply a bidding cap or suspend bidding
privileges to individual Bidders at any point during the Auction period. The cap will be withdrawn
once evidence has been submitted to Propstore’s satisfaction that all bids are genuine, the Bidder
has the means to complete the purchase(s) and any other security checks Propstore may be obliged to
carry out have been completed.
4.3.4. Employees of Propstore may bid in any Auction, however they will have no advantage over
other Bidders.
4.3.5. The procedure for placing bids online during both online and live 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.
4.3.6. Save as expressly stated in this Buyer’s Guide 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 (unless Propstore is at fault).
4.3.7. Propstore (and during live Auctions, the auctioneer) may accept or decline bids at its (or
their) entire discretion.
5. After the Auction
5.1. Successful bids
5.1.1. 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, Buyer’s Expenses and Additional Premium), plus any applicable VAT and other
sales taxes and costs within 7 calendar days of the end of the Auction.
5.2. Payment
5.2.1. Unless a payment plan (as set out in clause 5.2.2 of this Buyer’s Guide below) has been
agreed by Propstore, payment is due within 7 calendar days from invoice date and must be made by
the Buyer. Payments from any other source will not be accepted and shall be returned by Propstore.
5.2.2. At Propstore’s discretion, payment plans will be available to the Buyer in 1, 2, or 3 month
increments on any invoice over £1000, unless otherwise specified on the individual Lot. Bidders
wishing to utilise the payment plan service, if approved by Propstore, will be responsible for
paying a 20% deposit on their Lots within 7 calendar days of invoice date. The balance will then be
split over 1, 2 or 3 months in accordance with the Buyer’s selection and Propstore’s agreement. If
the 1-month option is selected, the remaining balance on the Lot will be due 30 calendar days after
the deposit payment due date. If the 2-month option is selected, half of the remaining balance will
be due 30 calendar days after the deposit payment due date and the remaining half 30 calendar days
after that, and so on.
5.2.3. Propstore offers no grace period on payment plan deadlines. If the Buyer does not make any
payment by the due date for payment, the Buyer will have defaulted. In such circumstances and to
the fullest extent permitted by applicable law, all funds already paid to Propstore will be
forfeited by the Buyer and may be retained by Propstore as liquidated damages, and title of the Lot
will not
transfer to Buyer. To avoid doubt, Propstore may also sell the Lot to a third party. Propstore and
the Seller shall also be entitled to all remedies for non-payment as described in the Conditions of
Sale and at law.
5.2.4. Payments must be made 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 card, credit card (up to
a maximum of £25,000), Cryptocurrency (in accordance with clause 5.2.6 of this Buyer’s Guide below)
or cash (up to a maximum of £5,000). Please quote the Lot number, invoice number and Bidder
registration number when making payment to ensure it can be processed as efficiently as possible.
5.2.5. 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 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.
5.2.6. Cryptocurrency payments are accepted via Propstore’s payment processor, made available by
Propstore from time to time. You must pay for the entire balance owed including the Purchase Price
and any other relevant charges entirely in one form of Cryptocurrency and you should ensure you
have a sufficient balance to pay for all sums owed. We do not accept partial payment or payment
plans by Cryptocurrency and 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.
5.3. VAT Status
5.3.1. 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 and,
where applicable, the Buyer’s Expenses. 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 and, where applicable, the
Buyer’s Expenses only, unless items are exported to a business registered outside the United
Kingdom, in which case no VAT is due.
5.3.2. 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 and, where applicable, the
Buyer’s Expenses. 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 that are not exported outside the United Kingdom within two 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 and, where applicable, the Buyer’s Expenses .
5.3.3. 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 and, where applicable, the Buyer’s Expenses. 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
and, where applicable, the Buyer’s Expenses. 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.
5.3.4. 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 and, where applicable, the Buyer’s
Expenses. For Buyers outside the United Kingdom, no VAT will be charged by Propstore.
5.3.5. 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 and, where applicable, the Buyer’s Expenses. For Buyers outside the United Kingdom, no VAT
will be charged by Propstore.
5.4. If a Lot is marked ‘AR’ in the catalogue, an Additional Premium will be payable by the Buyer
for royalties relating to the Artists Resale Right Regulations 2006. 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:
5.4.1. Hammer Price from €0 to €50,000: Additional Premium = 4%;
5.4.2. Hammer Price from €50,000.01 to €200,000: Additional Premium = 3%;
5.4.3. Hammer Price from €200,000.01 to €350,000: Additional Premium = 1%;
5.4.4. Hammer Price from €350,000.01 to €500,000: Additional Premium = 0.5%; and
5.4.5. 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), however Propstore’s EUR (€) currency conversion rate from date of the sale
is used to determine the Hammer Price and amount payable.
5.5. Buyers whose total invoice is equal to or greater than €10,000 (or the GBP equivalent) are
required and agree to undergo enhanced customer due diligence (EDD) checks required by Propstore in
accordance with the EU Fifth Money Laundering Directive (5MLD). In accordance with the 5MLD, the
Lots won will not be released until the EDD check has been completed and passed. This clause
5.5 applies to UK Auctions only.
5.6. 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. You can
obtain details on the current list of states Propstore charges sales tax to on request; final taxes
will be added to your invoice.
5.7. Export and Import
5.7.1. 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.
5.7.2. 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 you.
5.7.3. With regards to Lots exported outside the United Kingdom, if your Lots are shipped by
Propstore or through Propstore’s authorised shipper, except as provided in clauses 5.3.1 and 5.3.2,
you will not be required to pay VAT when settling your invoice. If you are using any other shipper,
or hand carrying your 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 and, where applicable, the
Buyer’s Expenses pursuant to clause 5.3.1 on exports outside the United Kingdom to a Buyer that is
not a registered business outside the United Kingdom and otherwise pursuant to clause 5.3.2 if you
have failed to export the Lot within two years of the date the Lot was originally imported into the
United Kingdom) once acceptable proof of export is provided by your shipper of choice.
5.7.4. To prove export of your Lots where the ‘VAT Status’ of a Lot is marked ‘Ω’, ‘†’ or ‘M’ and
they are not shipped by Propstore or its authorised shipping agents, you should obtain appropriate
official export documentation from your 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.
5.8. Shipping, storage and abandonment
5.8.1. The Buyer is solely responsible for all shipping and delivery costs. Propstore recommends
Lots are custom-packed and its recommended third-party independent freight agents are used.
Propstore accepts no liability for the acts or omissions of any delivery or freight carrier
appointed by you. Please note if the Buyer changes their address for delivery after Propstore’s
delivery checkout process, Propstore may charge the Buyer for any additional charges and/or taxes
incurred.
5.8.2. Where Lots are not collected or collected for shipment by the Buyer or otherwise authorised
for shipment by the Buyer by Propstore or its recommended agents 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. If the Buyer has failed to pay the Purchase Price and the cost
of shipping and handling, Propstore may, at its option, cancel the sale.
5.8.3. 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: (a) the Lot is not collected or collected for shipment by the
Buyer; (b) the Buyer has not provided Propstore with a shipping address; (c) where Propstore
organises shipment, the Buyer has not paid shipping or delivery costs to Propstore; (d) where
Propstore organises shipment, the Buyer has paid the original shipping 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 subsequent shipping or delivery
costs to re-ship the Lot to the Buyer; or (e) 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 clause 5.8.4 will apply. Propstore
do not agree to give the Buyer any further notice of the potential sale.
5.8.4. If Propstore exercise its rights to sell the Lot pursuant to clause 5.8.3:
5.8.4.1. 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);
5.8.4.2. Propstore may pass ownership of the Lot to the new buyer;
5.8.4.3. 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, Buyer’s Expenses or
Additional Premium paid by the new buyer; and
5.8.4.4. if the proceeds of sale are insufficient to discharge the costs described in clause
5.8.4.3(a) and 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.
5.8.5. If Propstore exercise its rights to sell the Lot pursuant to clause 5.8.3, 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.
5.9. Please note if a Lot is marked ‘Ω’ and accordingly has been temporarily imported from
outside the United Kingdom for sale at auction in London, it will be subject to a temporary import
licence for two 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 2-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.
5.10. Special Notices
5.10.1. Notice on Firearm Deactivation. Firearms with this disclaimer have been permanently and
sympathetically deactivated to United Kingdom legal requirements and no longer retain any
functional capacity to fire. A United Kingdom proof house certificate of deactivation is included.
For Buyers within the U.S., these Lots may still need to transfer through a Federal Firearms
Dealer. It is solely the Buyer’s responsibility to check, prior to bidding, the legal status of
this weapon within their own country and the importation therein. All costs associated with the
transfer will be the Buyer’s responsibility.
5.10.2. Notice on Live Firearms. These items are legally a firearm and capable of firing
ammunition. It must therefore be transferred to a U.S. based Buyer through a Federal Firearms
License. You will then have to go through the necessary steps to purchase a firearm, which vary
state by state. All costs associated with the transfer will be the Buyer’s responsibility.
Exporting the piece to the United Kingdom or Europe may be possible if it is deactivated at
additional cost; please inquire with Propstore for details.
5.10.3. Notice on Replica Firearms and UK Restrictions. Buyers should be aware that ownership of
Lots with this disclaimer is restricted for United Kingdom residents to registered re-enactors,
galleries, or individuals in film, television, or theatre production. Please inquire with Propstore
for further details. There may be restrictions applicable to Buyers in other countries as well; it
is solely the Buyer’s responsibility to check, prior to bidding, the legal status of this item
within their own country and the importation therein.
5.10.4. Notice on Copyright (or similar). Lots with this disclaimer are sold without copyright,
reproduction rights, licencing agreements or any other type of legal release.
5.10.5. 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 incumbent on the Buyer to satisfy themselves as to their safe use and maintenance.
5.10.6. 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.
5.10.7. Propstore Interest Δ. From time to time, Propstore may offer a Lot which it owns in whole
or in part or in which it has a financial interest. Any such Lot will be identified in the
catalogue with the symbol Δ next to its Lot number.
5.10.8. Notice on Off-Site Storage. Some Lots in the Auction are stored off-site, outside of
Propstore’s primary facility. They will ship from their current location to the Buyer’s location,
at Buyer’s expense. These Lots will not be available to preview before the Auction without special
arrangements. The Buyer will be responsible for all shipping costs of Lots, regardless of Lot
storage location. Please contact Propstore for a shipping quote prior to bidding on off-site
storage Lot.
5.10.9. Notice of 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. Buyer understands that Propstore has no obligation or responsibility in relation to Buyer’s ability to import Lots, and an inability to import Lots will not affect Buyer’s obligation to complete 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 that it is able.
CONDITIONS OF SALE
These terms and conditions of sale (“Conditions”) set out the legal relationship between the
Bidder/Buyer and Propstore and the Seller. By registering to bid and participate in a Propstore
Auction, you will be deemed to have read and agreed to be bound by these Conditions and the
accompanying Buyer’s Guide, as set forth in the catalogue for the Auction and online at
propstore.com.
1. Interpretation
These Conditions shall include the terms set out in the Propstore Buyer’s Guide, a copy of which
has been made available to the Bidder. In the event of any conflict between these Conditions and
the Buyer’s Guide, these Conditions shall take precedence.
2. Definitions
2.1. Words that are capitalised but have not been defined in these Conditions have the meanings
given to them in the Buyer’s Guide.
3. Propstore as agent
3.1. Unless expressly agreed otherwise, Propstore acts 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.
4. Catalogue Entry and condition of Lots
4.1. 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.
4.2. 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 of these Conditions
below), all Lots are sold ‘as is’.
4.3. 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 satisfying themselves as to condition before bidding, taking independent
professional advice where required.
4.4. 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
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.
4.5. Film posters in the sale include condition abbreviations: M = mint; EX = excellent; VG =
very good; G = good; F = fair.
4.6. 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.
4.7. Mannequins, display stands, scale measures and other display equipment are not included with
the Lots unless expressly stated in the Lot Entry in the catalogue.
4.8. Estimates are simply a guide given by Propstore and should not be relied upon as to advice
on value, Hammer Price or the ultimate Purchase Price, which could be significantly higher.
Estimates do not take into account any Buyer’s Premium, Buyer’s Expenses, Additional Premium, VAT,
sales taxes or any other costs or fees payable by the Buyer as detailed elsewhere in these
Conditions or the Buyer’s Guide.
5. Before the Auction
5.1. Unless the requirement is waived by Propstore, the Bidder must register with Propstore
(including providing evidence of identity) in accordance with the Buyer’s Guide. Personal
information shall be used only in accordance with Condition 8 below.
5.2. Bidders acknowledge and accept that, due to the one-of-a-kind nature of the materials,
Propstore only guarantees the provenance of Lots to the extent set out in the Guarantee of
Attribution (see Condition 10 below), and, to the fullest extent permitted by applicable law
Propstore, will not accept returns of any material and will not issue refunds, credits or exchanges
except as provided for in the Guarantee of Attribution.
5.3. As a courtesy to Buyers and subject to Propstore’s approval, Propstore offers payment plans
on all Auction invoices with a value of more than £1,000 (see condition 7.3 of these Conditions
below). Please note however that you cannot use the payment plan if you wish to use Cryptocurrency
as payment.
6. During the Auction
6.1. Propstore reserves the right to:
6.1.1. refuse admission to any person at a live Auction in its sole discretion, without stating a
reason;
6.1.2. decide whether an Auction proceeds, whether any Lot is included in the Auction, the manner
in which the Auction is conducted (notwithstanding the numbers given to Lots in the catalogue);
6.1.3. 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; and
6.1.4. in connection with any live Auction, apply a bidding cap or suspend bidding privileges to
individual Bidders at any point during the Auction period. The cap will be withdrawn once evidence
has been submitted to Propstore’s satisfaction that all bids are genuine, the Bidder has the means
to complete the purchase(s) and any other security checks Propstore may be obliged to carry out
have been completed.
6.2. All bids must be made in Pound Sterling (GBP). Propstore (including, in the case of live
Auctions, the auctioneer) 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, and 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 (including, in the
case of live Auctions, the auctioneer) will be conclusive.
6.3. Unless otherwise indicated, all Lots are offered subject to a Reserve Price. The Reserve
Price will not exceed the low estimate printed in the catalogue. The Reserve Price will not be more
than the lowest estimate given by Propstore. Propstore may disclose or keep confidential the
Reserve Price at its entire discretion.
6.4. In connection with live Auctions, the auctioneer may open the bidding on any Lot below the
Reserve Price by placing a bid on behalf of the Seller. The auctioneer may continue to bid on
behalf of the Seller up to the amount of the Reserve Price, either by placing consecutive bids or
by placing bids in response to other Bidders.
6.5. 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, Buyer’s Expenses (if applicable), Additional Premium (if
applicable), all applicable taxes and any 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 the Conditions of Sale.
6.6. Propstore will use reasonable efforts to execute written bids delivered before a live
Auction for Bidders unable to attend the Auction in person, by an agent or by telephone or online.
All such written bids must be made on Propstore’s Absentee Bids Form (in the catalogue).
6.7. In relation to live Auctions, if Propstore receives written bids on a particular Lot for
identical amounts, and at the Auction these are the highest bids on the Lot, it will be sold to the
person whose written bid was received and accepted first.
6.8. Online bidding at Propstore live Auctions is made available via third party service
providers and use of their services and all online bidding is subject to their respective terms of
use. Successful online bids in connection with items at a live Auction will be subject to payment
of Buyer’s Expenses.
6.9. Live Auctions will be tracked on a video or digital screen, which may display, among other
things, a photograph of the Lot offered for sale and the then-current bid. Bidders understand and
agree that errors may occur in its operation and, except as expressly stated in the Buyer’s Guide
or these Conditions, Propstore shall have no liability arising out of or related to any errors or
omission in respect thereto.
6.10. By participating in and/or attending a live Auction and signing the registration form, each
person consents to be filmed and/or photographed and agrees and authorises Propstore to use and
publish such film and/or photographs, name and likeness for use in: (a) providing online access to
the live Auction; (b) recording the results of the live Auction; (c) print, digital, online and all
other media for marketing purposes (including without limitation, on Propstore’s website, YouTube
and other online platforms); and (d) in any other Propstore publications of whatever nature. The
participant releases Propstore and holds it harmless from any reasonable expectation of
confidentiality or privacy associated with such images and releases Propstore and any third parties
involved in the making, creation or publication of the images or any marketing or other materials
from all and any liability for claims made in respect of such publication. Publication of the
images in whatever format confers no right of ownership on the individual or right to royalties or
payment. A designated area at the live Auction will be set aside if you do not wish to be filmed.
If you wish to withdraw consent, please email support@propstore.com.
6.11. At a live Auction and subject to the auctioneer’s reasonable discretion, the Bidder placing
the highest bid accepted by the auctioneer (subject to any applicable Reserve Price) will be the
Buyer and the striking of his hammer marks the acceptance of the highest bid and the conclusion of
a contract for sale between the Seller and the Buyer. However, please note, if a bid is received
shortly after the striking of his hammer (as determined by the auctioneer in his reasonable
discretion), the auctioneer reserves the right to reopen the auction for the Lot and shall
determine the highest accepted bid.
6.12. In connection with online Auctions, each Lot is open for bidding for 15 calendar days
unless stated otherwise. If any bid is placed within the final minute of the Auction period, the
Auction will automatically be extended by 1 additional minute. 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”.
6.13. The record of sale (Propstore’s records which 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.
6.14. 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 date 7 calendar days from the
date of the sale or on collection by the Buyer if earlier and the Buyer should arrange insurance
cover for the Lot if required.
7. After the Auction
7.1 Successful bids
7.1.1 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, Buyer’s Expenses and Additional Premium) plus any applicable VAT and other
sales taxes and costs within 7 calendar days of the end of the Auction.
Payments
7.2. Unless a payment plan (as set out in condition 7.3 below) has been agreed by Propstore,
payment is due within 7 calendar days from invoice date and must be made by the Buyer. Payments
from any other source will not be accepted and shall be returned by Propstore.
7.3. At Propstore’s discretion, payment plans will be available to the Buyer in 1, 2, or 3 month
increments on any invoice over £1000, unless otherwise specified on the individual Lot. Bidders
wishing to utilise the payment plan service, if approved by Propstore, will be responsible for
paying
a 20% deposit on their Lots within 7 calendar days of invoice date. The balance will then be split
over 1, 2 or 3 months in accordance with the Buyer’s selection and Propstore’s agreement. If the
1-month option is selected, the remaining balance on the Lot will be due 30 calendar days after the
deposit payment due date. If the 2-month option is selected, half of the remaining balance will be
due 30 calendar days after the deposit payment due date and the remaining half 30 calendar days
after that, and so on.
7.4. Propstore offers no grace period on payment plan deadlines. If the Buyer does not make any
payment by the due date for payment, the Buyer will have defaulted. In such circumstances and to
the fullest extent permitted by applicable law, all funds already paid to Propstore will be
forfeited by the Buyer and retained by Propstore as liquidated damages, and title of the Lot will
not transfer to Buyer. To avoid doubt, Propstore may also sell the Lot to a third party. Propstore
and the Seller shall also be entitled to all remedies for non-payment as described below and at
law.
7.5. 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 card, credit card (up to
a maximum of £25,000), Cryptocurrency (in accordance with condition 7.7 below), or cash (up to a
maximum of £5,000). Please quote the Lot number, invoice number and Bidder registration number when
making payment to ensure it can be processed as efficiently as possible.
7.6. 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.
7.7. Cryptocurrency payments are accepted via Propstore’s payment processor, made available by
Propstore from time to time. You must pay for the entire balance owed including the Purchase Price
and any other relevant charges entirely in one form of Cryptocurrency and you should ensure you
have a sufficient balance to pay for all sums owed. We do not accept partial payment or payment
plans by Cryptocurrency and 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.
7.8. VAT Status
7.8.1. 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 and,
where applicable, the Buyer’s Expenses. 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 and, where applicable, the
Buyer’s Expenses only, unless items are exported to a business registered outside the United
Kingdom, in which case no VAT is due.
7.8.2. 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 and, where applicable, the
Buyer’s Expenses. 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 that are not exported outside the United Kingdom within two 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 and, where applicable, the Buyer’s Expenses.
7.8.3. 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 and, where applicable, the Buyer’s Expenses. 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
and, where applicable, the Buyer’s Expenses. 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.
7.8.4. 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 and, where applicable, the Buyer’s
Expenses. For Buyers outside the United Kingdom, no VAT will be charged by Propstore.
7.8.5. 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 and, where applicable, the Buyer’s Expenses. For Buyers outside the United Kingdom, no VAT
will be charged by Propstore.
7.9. If a Lot is marked ‘AR’ in the catalogue, an Additional Premium will be payable by the Buyer
for royalties relating to the Artists Resale Right Regulations 2006. 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:
7.9.1. Hammer Price from €0 to €50,000: Additional Premium = 4%;
7.9.2. Hammer Price from €50,000.01 to €200,000: Additional Premium = 3%;
7.9.3. Hammer Price from €200,000.01 to €350,000: Additional Premium = 1%;
7.9.4. Hammer Price from €350,000.01 to €500,000: Additional Premium = 0.5%; and
7.9.5. 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), however Propstore’s EUR (€) currency conversion rate from date of the sale
is used to determine the Hammer Price and amount payable.
7.10. The Buyer will not acquire title to the Lot until all amounts due to the Seller and
Propstore from the Buyer have been received by Propstore in cleared funds even in circumstances
where Propstore has released the Lot to the Buyer.
7.11. By registering for the Auction the Buyer authorises Propstore to charge the credit card
provided at registration for all Lots purchased at the Auction, and any future Auction a Bidder may
participate in, if not paid in full within 7 calendar days after the Auction close.
7.12. 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 a fee 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 fee
shall accrue on a daily basis from the due date until the date of actual payment of the overdue
amount, whether before or after judgment. The Buyer must pay Propstore fee together with any
overdue amount.
7.13. In addition to its rights in conditions 7.11 and 7.12 of these Conditions 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:
7.13.1. hold the Buyer liable for the total amount due and commence legal proceedings for its
recovery together with interest, legal fees and costs to the fullest extent permitted under
applicable law;
7.13.2. cancel the sale for the Buyer’s breach of contract and retain any amounts already paid by
the Buyer as liquidated damages;
7.13.3. resell the Lot publicly or privately on such terms as Propstore shall think fit;
7.13.4. pay the Seller an amount up to the net proceeds payable in respect of the Hammer Price;
7.13.5. set off against any amounts which Propstore or any of its affiliates may owe to the Buyer
in any other transactions, some or all of the outstanding amount remaining unpaid by the Buyer;
7.13.6. apply any amount paid to discharge any amount owed in respect of any particular
transaction, whether or not the Buyer so directs;
7.13.7. 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;
7.13.8. 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;
7.13.9. take such other action as Propstore deems necessary or appropriate. If Propstore resells
the Lot under condition 7.13.3 of these Conditions above, the Buyer shall be liable for the payment
of any deficiency between the total amount originally due to Propstore 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 Propstore
pays any amount to the Seller under condition 7.13.4 of these Conditions above, the Buyer
acknowledges that Propstore shall have the right to enforce all of the rights of the Seller,
however arising, to pursue the Buyer for such amount; and
7.13.10 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.
7.14. 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. Subject to this, the Buyer shall collect, or have shipped or collected for
shipment, 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.
7.15. 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 special freight service. Potential shipping
estimates can be obtained by emailing support@ propstore.com detailing the Lot number of interest
and the shipping address prior to the Auction.
7.16. Propstore recommends working with its preferred third-party independent freight agent on any
questions regarding importing and exporting Lots.
7.17. 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; or (b) and the item is damaged when delivered to the Buyer, the Buyer should contact
Propstore immediately and retain all packaging provided with the shipment.
7.18. 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 and other fees charged in the Buyer’s local
jurisdiction. Propstore will ship all packages with the full value of the Lot declared. 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 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.
7.19. 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 were 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.
7.20. 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 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.
7.21 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. 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.
7.22 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: (a) the Lot is not collected or collected for shipment by the
Buyer; (b) the Buyer has not provided Propstore with a shipping address; (c) where Propstore
organises shipment, the Buyer has not paid shipping or delivery costs to Propstore; (d) where
Propstore organises shipment, the Buyer has paid the original shipping 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 (e) 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 7.23 will apply. Propstore do not agree to give the
Buyer any further notice of the potential sale. Please note the 2-year period referenced in this
clause may be shorted if the relevant Lot is subject to an export licence. In such circumstances,
the relevant period shall be equivalent to the term of the export licence.
7.23. If Propstore exercise its rights to sell the Lot pursuant to condition 7.22:
7.23.1. 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);
7.23.2. Propstore may pass ownership of the Lot to the new buyer;
7.23.3. 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, Buyer’s Expenses or
Additional Premium paid by the new buyer;
7.23.4. if the proceeds of sale are insufficient to discharge the costs described in condition
7.23.3(a) and 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
7.23.5. If Propstore exercise its rights to sell the Lot pursuant to condition 7.22, 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.
7.24. Please note if a Lot is marked ‘Ω’ and accordingly has been temporarily imported from
outside the United Kingdom for sale at auction in London, it will be subject to a temporary import
licence for two 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 2-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.
7.25. 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). In accordance with the 5MLD, the
Lots won will not be released until the EDD check has been completed and passed. This condition
7.22 applies to UK Auctions only.
7.26. Due to the impact of the U.S. Wayfair ruling, Propstore is obligated to collect sales tax
on orders shipped to a number of states within the United States of America, even when auctioning
from London. Additional states become sales tax-eligible regularly due to ongoing updates. You can
obtain details on the current list of states Propstore charges sales tax to on request; final taxes
will be added to your invoice upon checkout.
8. Data Protection - Use of information
8.1. When Propstore obtain 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 collect and hold
about you, and how Propstore collect, store, use and share 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 hammer falls on the Lot 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 liability 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, 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 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. In order to satisfy Propstore that the Guarantee of Attribution is materially incorrect,
Propstore reserves the right to require the Buyer to obtain, at the Buyer’s expense, the opinion of
two experts in the field, mutually acceptable to Propstore and the Buyer.
10.3. If Propstore are satisfied the Guarantee of Attribution is materially incorrect and in the
event a sale is rescinded in accordance with condition 10.2 of these Conditions, 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 Guarantee of Attribution document provided by Propstore is misplaced,
torn or damaged, Propstore will not be able to replace it, nor can Propstore create multiple
Guarantee of Attribution documents for separate items within a Lot. For an authentic Guarantee of
Attribution, Propstore only provide one document per Lot.
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 remain
at all times 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, its 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 catalogue 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 in order 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
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 Buyer in any respect for alleged breach of any such
representation or warranty in such circumstances.
12. Events outside our control
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 its 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 it shall have a reasonable amount of extra
time to perform the obligation impacted by the event outside it’s 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 discounted 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 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 of a Buyer’s 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 the Bidder or Buyer is resident (in the case of an individual) or
incorporated (in the case of a business) outside of England and Wales, the Bidder or Buyer will
retain the benefit of any mandatory protection given to the Bidder or Buyer by the laws of that
country.
13.5. Propstore, the Seller and the Bidder/Buyer (as applicable) 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). To the
fullest extent permitted by applicable law, the prevailing party shall be entitled to an award of
all Lawyers’ fees and expenses incurred by it/him/her 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.
13.6. By registering for an Auction, any supplied card may automatically have a sum of £0.01 held
and subsequently returned within 30 Working Days to verify the validity of the card.