Brush & Tell Auction Terms

Version of October 26th, 2026.

These Auction Terms are Additional Terms under Section 1.4 of the Brush & Tell Terms of Service (the "Terms"), published at brushandtell.com/legal/terms. They govern every timed online auction that Brush & Tell, LLC ("Brush & Tell," "we," "us") operates on the Services, including the optional auctions of the Brush & Tell Art Competition. Capitalized words that these Auction Terms do not define have the meanings given in the Terms.

1. Acceptance, Scope and Order of Precedence

1.1 Acceptance before your first bid. You must accept these Auction Terms before you place your first bid. The Services present them to you with a link to this page, and Brush & Tell records the version you accepted, your Account, the date and time of your acceptance and the network address from which you accepted. Your acceptance applies to every bid you place while that version is in effect. If Brush & Tell publishes a new version, you must accept it before you place another bid. A bid placed under an earlier version, and any Auction Order formed from it, remain governed by the version in effect when the bid was placed.

1.2 Order of precedence. These Auction Terms form part of the Terms and control over them to the extent of any conflict about an auction. For a lot that is an Entered Work in a Competition, the Official Rules of that Competition control over these Auction Terms to the extent of any conflict. In every other respect the Terms apply to each auction, to each Bidder and to each Seller.

1.3 When auctions open. Brush & Tell opens auctions by making them available on the Services, with no separate announcement. Nothing in these Auction Terms promises that any auction will open on any date.

2. Definitions

In these Auction Terms:

• "Auction Order" means a purchase of a lot formed under Section 6.2 or Section 8.3. An Auction Order is an Order for every purpose of the Terms, although it is not submitted through the checkout of the Services.
• "Bidder" means a User who places a bid on a lot.
• "Close" means the time at which bidding on a lot ends under Section 5.
• "Hammer Price" means the amount of the winning bid on a lot or, for an Auction Order formed under Section 8.3, the amount of the accepted second-chance offer. Wherever the Terms refer to the Listing Price in connection with an Auction Order, including for shipping insurance, refunds, the Commission and Seller Proceeds, they refer to the Hammer Price.
• "High Bid" means, at any moment, the highest valid bid on a lot received by the Services' server up to that moment.
• "Lot" means Artwork offered in an auction on the Services, and "Auction Listing" means the Listing for a lot.
• "Saved Payment Method" means a payment card saved with the Payment Processor for your Account under Section 3.2.
• "Scheduled Close" means the date and time at which a lot is to close, as shown on its Auction Listing when the lot opens.

3. Who May Bid; Your Payment Authorization

3.1 Eligibility. You may bid if you hold an Account in good standing, you meet Section 4.1 of the Terms, you can receive delivery at an address in the United States, you have a Saved Payment Method, and you have accepted these Auction Terms and given the authorization in Section 3.3. Brush & Tell may restrict any Account from bidding under Section 4.4 of the Terms.

3.2 Saved Payment Method. Before your first bid you must save a payment card for auction purchases. Card details are submitted directly to the Payment Processor, and Brush & Tell does not receive or store your full card number. While you hold the High Bid on a lot that has not closed, your bid remains binding whether or not you keep a Saved Payment Method, unless Section 4.9 applies, and Section 7 applies at the Close if your payment cannot be charged.

3.3 Your authorization. By saving a payment method for auction purchases and accepting these Auction Terms, you authorize Brush & Tell, acting for the Seller of each lot, and the Payment Processor to charge your Saved Payment Method, without any further action or approval from you, for each lot on which you hold the winning bid at the Close, including after any extension under Section 5.2. The amount charged is the Hammer Price, plus the Shipping Charge stated on the Auction Listing, plus the sales tax Brush & Tell is required to collect. The charge is made at the Close or promptly after it, before the lot ships. This authorization covers only those charges and the charges you approve under Section 8.3. You may remove your Saved Payment Method at any time; removal ends this authorization for bids you place afterward and does not release a bid already placed. If your Saved Payment Method is replaced by a card of a different card brand, the Services will ask you to give this authorization again, and you may not bid until you do.

3.4 No buyer's premium. Brush & Tell charges a Bidder no buyer's premium and no other fee. Before you bid, the Auction Listing shows the Shipping Charge and states that sales tax is added.

4. Bidding

4.1 Starting bid; no reserve. The Seller sets the starting bid, and the first bid on a lot must be at least the starting bid. There is no reserve price above the starting bid: once a valid bid has been received, the lot sells at the Close to the High Bid, subject only to Sections 7 to 10.

4.2 Increments. Each bid after the first must exceed the current High Bid by at least the increment that applies to the amount of the current High Bid:

4.3 One bid at a time. Each bid is the amount you enter. Brush & Tell does not offer automatic or maximum bidding and does not place bids for any Bidder. You may not bid on a lot while you hold its High Bid.

4.4 Review and confirmation. Before a bid is submitted, the Services show you the lot, the amount of your bid, the Shipping Charge, that sales tax is added, the payment method that will be charged if you win, and that the bid is binding, and you may correct the amount or cancel before you confirm. A bid is placed when you confirm it and the Services' server receives it. The server's record of the time each bid is received determines the order of bids and whether a bid arrived before the Close.

4.5 Bids are binding. A bid you place is a binding offer to buy the lot for the amount of the bid on these Auction Terms. You may not retract or reduce it. It remains open until a higher valid bid is received or the lot closes, and a bid that is outbid is released and is not revived if a later bid fails or is rejected, except as Section 4.9 provides and except that Section 8 may lead to a new offer to you. You agree that this Section replaces any right you would otherwise have to retract a bid before the Close, to the extent applicable law permits the parties to agree. Nothing in this Section limits any right that applicable law does not permit to be waived, including any right to avoid the effect of an error made in an electronic transaction.

4.6 Valid bids. Brush & Tell may reject a bid that does not meet these Auction Terms, including a bid below the starting bid or the required increment, a bid by a User who is not eligible under Section 3.1, and a bid prohibited by Section 10. If two bids of the same amount are received, the bid received first is the High Bid and the other is rejected.

4.7 What other Users see. Each Auction Listing shows the starting bid, the current High Bid, the amount and time of each bid, and the Scheduled Close or, after an extension, the current Close. The Services do not show other Users the name, Account or any other identifier of a Bidder. Brush & Tell sees each Bidder's identity and uses it as the Privacy Policy describes.

4.8 Notices are a courtesy. Brush & Tell may notify you when you are outbid or when a lot you bid on is about to close, but you are responsible for following the lots you bid on. A notice that is late or is not received does not affect any bid or any Close.

4.9 When a Bidder's Account is closed. If the Account from which a bid was placed is closed before the lot's Close, every bid placed from that Account on that lot is removed and binds no one. The lot is then re-ranked from the bids that remain: the highest remaining bid becomes the High Bid, and the Bidder who placed it holds the High Bid at the amount of that bid, which binds that Bidder under Section 4.5 as if it had not been outbid. If no bid remains, the Auction Listing shows the starting bid again, and Sections 5.4 and 12.4 still prevent the lot's withdrawal. Brush & Tell notifies by email the Bidder whose bid becomes the High Bid again. Closing an Account does not excuse a breach of Section 10.

5. The Close

5.1 Scheduled Close. Each lot closes at its Scheduled Close unless Section 5.2 or 5.3 extends it. Times are measured by the Services' server clock and are shown in Mountain Time.

5.2 Extension. If a valid bid is received in the final two minutes before a lot's Close, the Close moves to two minutes after the time that bid was received. This repeats for each such bid until two minutes pass with no valid bid. Each lot extends separately.

5.3 Technical failure. If a failure of the Services prevents Users from bidding on a lot in the ten minutes before its Close, Brush & Tell may extend that lot's Close by notice on the Auction Listing. Brush & Tell will not close a lot before its Close.

5.4 Withdrawal by the Seller. A Seller may withdraw a lot at any time before the first valid bid is received. Once a valid bid has been received, the Seller is notified, the lot may no longer be withdrawn, and it runs to its Close, except as Section 9 provides.

5.5 No bids. A lot that has received no valid bid at its Close closes unsold.

6. The Sale at the Close

6.1 Winning bid. The High Bid at the Close is the winning bid, and the Bidder who placed it is the Buyer of the lot.

6.2 Formation of the Auction Order. At the Close, the lot is allocated to the Buyer, and an Auction Order is formed between the Buyer and the Seller on the terms of the Auction Listing, these Auction Terms and the Terms, for the Hammer Price plus the Shipping Charge and the applicable sales tax. This allocation is the acceptance of the Order under Section 5.3 of the Terms, and no further confirmation by the Seller is required. Brush & Tell shows the result on the Auction Listing and notifies the Buyer and the Seller by email.

6.3 Charge. At the Close or promptly after it, Brush & Tell charges the Buyer's Saved Payment Method the amount stated in Section 3.3 and sends a receipt under Section 5.5 of the Terms.

6.4 Taxes. Brush & Tell collects and remits the sales tax that the law requires it to collect on each Auction Order, calculated on the taxable amount and the delivery location as the law provides. Any Commission deducted from the Seller Proceeds does not reduce the amount on which tax is calculated.

6.5 Date of the Auction Order. For the purposes of Sections 6.2 and 9.9 of the Terms, the date of an Auction Order is the date on which its payment succeeds: at the Close, after a cure under Section 7.1, or on acceptance of a second-chance offer under Section 8.3.

7. Failed Payment

7.1 Notice and 24 hours to cure. If the charge under Section 6.3 is declined or does not succeed, including because the card issuer requires the Buyer to authenticate the payment, Brush & Tell notifies the Buyer by email. The Buyer has 24 hours from the time that email is sent to complete the payment, by updating the Saved Payment Method or completing the authentication the Services request, and Brush & Tell then charges it.

7.2 End of the purchase. If the payment is not completed within those 24 hours, the Auction Order ends, the Buyer has no further right to the lot, and no amount is charged for it. Brush & Tell may restrict the Buyer's Account from bidding under Section 4.4 of the Terms. Neither Brush & Tell nor the Seller will claim damages from the Buyer because the purchase ended under this Section.

8. Second-Chance Offer

8.1 When an offer is made. If an Auction Order ends under Section 7.2, Brush & Tell offers the lot, for the Seller, to the eligible Bidder other than the former Buyer whose last bid on the lot is the highest, at the amount of that Bidder's last bid.

8.2 A new offer, not a bid. A second-chance offer is a new offer. It is not a bid, it does not revive any earlier bid, and the Bidder who receives it may accept or decline it. The Bidder is not charged unless the Bidder accepts it and approves the charge under Section 8.3.

8.3 Acceptance. The offer is sent by email and shown on the Services, states the lot, the price, the Shipping Charge, the sales tax and the time at which it ends, and is open for 48 hours from the time it is sent. The Bidder accepts by confirming the acceptance on the Services and approving the charge of the total to a Saved Payment Method at that time. The acceptance is complete, and an Auction Order is formed for the offered price, only when that payment succeeds.

8.4 One offer only. If the offer is declined, ends without acceptance, or is accepted but its payment does not succeed within the 48 hours, the lot is unsold and no further offer is made. The Seller may offer the lot again on the Services as the Terms, and for an Entered Work the Official Rules, allow.

9. Cancellation of a Lot by Brush & Tell

9.1 Grounds, before the Close. Brush & Tell may cancel a lot before its Close, in good faith, only where: (a) the Seller is disqualified from a Competition under its Official Rules; (b) the Auction Listing is removed in response to a notice of claimed infringement under Section 13.3 of the Terms or because it breaches the Terms, or the Seller's Account is suspended or terminated under Section 4.4 of the Terms; (c) Brush & Tell reasonably suspects fraud, or a breach of Section 10, affecting the lot; (d) the Artwork is unavailable, damaged or materially misdescribed; or (e) a technical failure has affected the integrity of the bidding on the lot. Brush & Tell never cancels a lot because of the amount of the bids on it.

9.2 Effect of cancellation. On cancellation, every bid on the lot is released and binds no one, no Auction Order is formed and no charge is made, and any amount charged in error is refunded in full. Brush & Tell notifies each Bidder on the lot by email.

9.3 After the Close. An Auction Order formed at the Close, or under Section 8.3, is not cancelled by a later event except as Section 5.4 or 4.4 of the Terms allows, in which case Brush & Tell refunds the full amount paid for the Auction Order.

10. Integrity of Bidding

10.1 Prohibited bidding. A Seller may not bid on the Seller's own lot. No one may bid for a Seller or in coordination with a Seller, offer or accept anything of value for placing a bid or for not bidding, bid from more than one Account, or bid by any automated means. Brush & Tell does not bid on any lot and does not bid for any Seller, and no member, manager or employee of Brush & Tell bids on any lot.

10.2 Consequences. Brush & Tell may reject or remove a bid that breaches Section 10.1, cancel the lot under Section 9.1, and suspend or terminate an Account under Section 4.4 of the Terms. For an Entered Work, a breach is also a breach of the Official Rules.

10.3 The Buyer's protection. If Brush & Tell determines that a bid placed for or in coordination with the Seller raised the price of a lot that a Buyer won, the Buyer may choose either to cancel the Auction Order for a refund of the full amount paid or to complete it at the amount of the last bid placed in good faith before that bid, and Brush & Tell refunds any difference.

11. Shipping, Returns and Payouts

11.1 Shipping. Section 6 of the Terms applies to every Auction Order. The Seller shall ship the lot within 5 business days after the date of the Auction Order under Section 6.5, with tracking and insured for the Hammer Price. If the lot has not shipped within that period, Brush & Tell will notify the Buyer no later than the last day of that period, and the Buyer may elect either to wait for shipment or to cancel the Auction Order for a full refund, which Brush & Tell will issue promptly. Collection at a Venue is not offered for a lot unless its Auction Listing offers it, in which case Section 7 of the Terms applies.

11.2 No change-of-mind returns. An Auction Order may not be returned for a change of mind, and Sections 8.1 and 8.2 of the Terms do not apply to it. Sections 6.6 and 8.3 of the Terms apply to every Auction Order, including the Buyer's claim for Artwork that arrives damaged or differs materially from its Auction Listing.

11.3 Rights not affected. Nothing in these Auction Terms or in Section 8 of the Terms limits any remedy for damage, material misdescription or non-delivery, any right to cancel or to obtain a refund that applicable law gives a Buyer, or any other right that applicable law does not permit to be waived or limited. A Buyer who has such a right to cancel may exercise it by writing to info@brushandtell.com within the time the law allows.

11.4 Payouts. Seller Proceeds for an Auction Order are held until the Return Period has ended, 7 days after the Delivery Date, under Section 9.7 of the Terms, including while a claim under Section 6.6 or 8.3 of the Terms may be made. The hold does not give the Buyer a right to return the lot for a change of mind. Sections 9.6 to 9.8 and 9.13 of the Terms apply to each Auction Order, with the Hammer Price as the Listing Price, except as the Official Rules provide for an Entered Work.

12. Auctions in a Competition

12.1 The Official Rules. An auction of an Entered Work is governed by the Official Rules of the Competition as well as these Auction Terms, and the Official Rules control in any conflict.

12.2 Close. Every optional auction of an Entered Work in the Brush & Tell Art Competition has a Scheduled Close of 7:00 pm Mountain Time on Saturday, January 16th, 2027, subject to Sections 5.2 and 5.3.

12.3 Who may bid. The Entrant may not bid on the Entrant's own Entered Work, and no one may bid on it for the Entrant or in coordination with the Entrant. Bids and sale prices have no effect on the vote, the tally or the result of the Competition.

12.4 Withdrawal. The Entrant may withdraw the Entered Work from its auction at any time before the first valid bid is received. Once a valid bid has been received, Brush & Tell tells the Entrant, and the auction runs to its Close even if the Entrant withdraws the entry from the Competition.

12.5 Disqualification. If the Entrant is disqualified under the Official Rules before the Close, Brush & Tell may cancel the auction under Section 9.1(a), and Section 9.2 applies. A disqualification after the Close does not cancel an Auction Order already formed, except as Section 9.3 provides.

12.6 What the Entrant receives. When an Entered Work sells in an auction, the Entrant receives the Seller Proceeds that the Official Rules provide, which for an eligible Entrant is 100 percent of the Hammer Price plus the Shipping Charge, with no Commission.

13. General

13.1 Records. Brush & Tell keeps a record of each acceptance of these Auction Terms and each authorization under Section 3.3, each bid (its amount, its time and the Account that placed it, except that a bid removed under Section 4.9 is kept only as its amount, its time and the time of its removal), each withdrawal of a lot by its Seller and its time, each extension, each Close and its result, each charge and its outcome, each second-chance offer and its outcome, and each cancellation and its ground. Brush & Tell will provide you a copy of the records of your own acceptances and bids on request to info@brushandtell.com.

13.2 Communications. Brush & Tell sends notices under these Auction Terms by email to the address on your Account and on the Services, under Section 15 of the Terms.

13.3 New versions. Brush & Tell may publish new versions of these Auction Terms. A new version applies as Section 1.1 provides and does not change a bid already placed or an Auction Order already formed.

13.4 Rights not affected; law and disputes. Nothing in these Auction Terms limits any right that applicable law does not permit to be waived or limited. Section 20 of the Terms governs these Auction Terms and every dispute about an auction.

13.5 Contact. Brush & Tell, LLC. Mailing address: 1500 N Grant St Suite N, Denver, CO 80203. info@brushandtell.com.