Terms & Conditions

BLK Art Auction began for three reasons

• Support and encourage the large and underrepresented talent pool of black artists
• Bridge the gap between black artist representation in auction formats
• Provide an immersive solution for artists and buyers to win and celebrate together

BLK Art Auction is an online timed-auction platform for original, one-of-a-kind artwork. We work directly with artists to select and present artwork for auction.

Artwork may include original paintings, sculptures, photography, prints, and other original creative works. Unless expressly stated otherwise, each listed work is unique, and no duplicate, reproduction, or edition is intended to be sold as the same artwork.

To participate in bidding or purchase artwork, you must create an account.

By creating an account, you agree that:

• You are legally capable of entering into a binding agreement.
• The information you provide is accurate, current, and complete.
• You will keep your login information confidential.
• You will not create an account using another person’s identity.
• You will promptly update your information if it changes.
• You are responsible for activity conducted through your account.

BLK Art Auction may verify email addresses, restrict access, suspend accounts, or request additional information when reasonably necessary to protect the Platform and its users.

You must notify BLK Art Auction promptly if you believe your account has been accessed without authorization.

Each artwork listing may include information such as:

• Artist name
• Title or description
• Medium
• Dimensions
• Year of creation
• Condition
• Provenance or ownership information, when available
• Starting bid
• Bid increment
• Auction closing time
• Certificates of authenticity, when available
• Additional photographs or videos

While BLK Art Auction makes reasonable efforts to present accurate information, artwork may contain natural variations, texture, color differences, imperfections, or characteristics that are difficult to reproduce digitally. Displayed colors may also vary depending on your device or screen.

Buyers are encouraged to review all available descriptions, photographs, videos, and other information before bidding. Additional pictures, videos, or live video views may be available upon request before the auction closes.

BLK Art Auction uses a multi-step process to verify the authenticity of artwork before it is listed. Certificates of authenticity and other documentation may be provided when available.

Authentication information is based on the documentation and information available to BLK Art Auction. No authentication process can guarantee that an artwork will be accepted as authentic by every future evaluator, institution, appraiser, or collector.

Artists are responsible for providing truthful and accurate information about their artwork and ownership rights. BLK Art Auction may remove, delay, reject, or investigate a listing if questions arise regarding authenticity, ownership, condition, or accuracy.

5.1 Timed Auctions

Each auction remains open for the period specified in its listing. The auction ends when the displayed countdown expires, subject to any applicable time extension described below.

The Platform’s displayed time is the controlling auction time. Users are responsible for maintaining a reliable internet connection and monitoring the auction.

5.2 Registration Required

Only registered and authorized users may place bids. You may not place bids using another person’s account or attempt to manipulate the bidding process.

5.3 Starting Bids and Bid Increments

Each artwork will have a starting bid. Bid increments may vary depending on the artist’s direction, the artwork’s starting bid, and the auction settings.

BLK Art Auction does not use reserve prices or hidden minimum prices

5.4 Valid Bids

A bid must satisfy the minimum bid requirement displayed by the Platform. The Platform may reject bids that are late, invalid, below the required increment, submitted after an auction closes, or associated with an account that is restricted or suspended.

BLK Art Auction may correct obvious technical or display errors and may cancel bids affected by a material system error, fraud, unauthorized activity, or violation of these Terms.

5.5 Bid Withdrawal

A bidder may request to withdraw a bid before the auction timer officially expires. Withdrawal requests are subject to Platform processing and may not be available after the auction has closed.

If an auction is withdrawn before it ends, all bids placed on that auction may be canceled, and no bidder will be considered the winner.

5.6 Anti-Sniping Protection

To help provide a fair opportunity for interested bidders to respond, a bid placed during the final minute of an auction may automatically extend the auction countdown.

The amount and conditions of any extension may be determined by the Platform. Users should not rely on the originally displayed closing time when bidding near the end of an auction.

5.7 Prohibited Bidding Conduct

You may not:

• Submit bids without intending or being able to pay.
• Use multiple accounts to manipulate an auction.
• Place bids on behalf of another person without authorization.
• Engage in bid manipulation, artificial bidding, collusion, or shill bidding.
• Use automated scripts, bots, or other tools to interfere with the Platform.
• Attempt to disrupt, overload, or bypass Platform security.
• Provide false information about your identity or payment ability.

BLK Art Auction may cancel bids, remove users, suspend accounts, or take other appropriate action when it believes bidding activity violates these Terms or threatens the integrity of an auction.

When an auction closes, the highest valid bidder recorded by the Platform will generally be identified as the winner, subject to payment, verification, technical review, and any applicable cancellation rights.

The winner will be notified through the contact information associated with their account. BLK Art Auction is not responsible for missed notifications resulting from an incorrect email address, blocked messages, account access problems, or failure to monitor the account.

A winning bid creates an obligation to complete the purchase in accordance with these Terms.

7.1 Payment Deadline

The winning bidder has 72 hours from notification of the winning bid to submit full payment.

Payment must include:

• The winning bid amount; and
• The applicable shipping charges for the artwork dimensions and delivery location.

Payments are processed securely through Stripe or another payment provider identified by BLK Art Auction.

7.2 Failure to Pay

If payment is not received within 72 hours, the purchase may be treated as a default. BLK Art Auction may:

• Cancel the sale;
• Offer the artwork to another eligible bidder;
• Re-list the artwork;
• Restrict or suspend the account; and
• Permanently suspend the account for unpaid won auctions.

BLK Art Auction may also refuse future bids or purchases from an account with a history of nonpayment.

7.3 Payment Processing

BLK Art Auction does not store complete payment card information. Payment information is processed by the applicable payment provider under that provider’s terms and privacy practices.

A payment may be subject to fraud screening, verification, authorization, reversal, or cancellation. BLK Art Auction may delay fulfillment until payment has been fully confirmed.

The buyer is responsible for applicable shipping costs. Shipping charges vary based on the artwork’s size, weight, packaging requirements, destination, and delivery method. The shipping amount will be calculated after the auction is won and included in the payment request.

After full payment is received and confirmed, the artist will arrange shipment. Artwork is intended to ship within one week of receiving payment, unless the listing states a different timeframe or circumstances outside BLK Art Auction’s reasonable control causes a delay.

Artwork will be shipped with:

• Transit insurance paid by the artist; and
• A tracking number provided to the buyer when available.

The buyer is responsible for providing an accurate shipping address. Additional charges resulting from an incorrect address, refused delivery, missed delivery, customs issue, or requested change may be the buyer’s responsibility.

International buyers are responsible for customs duties, import taxes, brokerage fees, and other charges imposed by the destination country unless otherwise stated.

Delivery dates are estimates and are not guarantees. BLK Art Auction is not responsible for delays caused by carriers, weather, natural disasters, customs, labor disputes, government actions, or other events beyond its reasonable control.

If artwork appears damaged upon delivery, the buyer should:

• Photograph the outer packaging before opening it, if possible.
• Photograph the artwork, packaging materials, shipping label, and visible damage.
• Keep all original packaging.
• Contact BLK Art Auction within 48 hours of delivery.
• Avoid repairing, altering, reframing, discarding, or disposing of the artwork or packaging until receiving instructions.

BLK Art Auction will review the documentation, coordinate with the artist and carrier, and begin the appropriate insurance claim when applicable.

The outcome of a damage or loss claim may depend on the carrier’s investigation, insurance requirements, documentation, and the applicable shipping terms.

All artwork sales are made on an “as-is” and final-sale basis. BLK Art Auction does not accept returns or exchanges for buyer’s remorse, a change of mind, failure to review the listing, personal preference, or a perceived difference between an on-screen image and the physical artwork.

Because the artwork sold through the Platform is original and one of a kind, a returned work cannot be re-stocked or re-sold as a new item. Artwork may also be affected by shipping, handling, unpacking, repacking, framing, stretching, cropping, or other alterations.

Buyers should carefully review all available artwork information and request additional photographs, videos, or live video views before the auction closes.

This no-return policy does not limit any rights or remedies that cannot legally be excluded under applicable law, including rights relating to fraud, intentional misconduct, or applicable consumer-protection requirements.

After receiving an artwork, a buyer may be invited to leave a review and submit photographs or videos of the artwork.

By submitting a review, photograph, video, comment, or other content to BLK Art Auction, you grant BLK Art Auction a worldwide, nonexclusive, royalty-free, transferable, and sublicensable license to use, reproduce, display, publish, edit, and distribute that content for business, promotional, advertising, social media, and Platform-related purposes.

You represent that:

• You own or have permission to submit the content.
• The content does not infringe on another person’s rights.
• The content is not misleading, unlawful, defamatory, obscene, or abusive.
• You have permission from identifiable individuals shown in the content, when required.

BLK Art Auction may remove or decline to publish any submission. Reviews must reflect the reviewer’s genuine experience and may not contain false claims, threats, harassment, or undisclosed promotional content.

The Website, Platform, branding, logos, text, graphics, software, layout, design, and other materials provided by BLK Art Auction are owned by or licensed to BLK Art Auction and are protected by applicable intellectual-property laws.

You may use the Platform for personal, lawful purposes. You may not copy, reproduce, modify, distribute, sell, scrape, reverse engineer, publicly display, or commercially exploit Platform materials without written permission.

Artists retain ownership of their artwork and intellectual-property rights. By submitting artwork information, images, or promotional materials, an artist grants BLK Art Auction permission to display and use those materials to list, market, sell, administer, and promote the artwork and auction.

You may not use the Platform to:

• Violate any law or regulation.
• Infringe another person’s intellectual-property, privacy, publicity, or other rights.
• Upload malicious code, viruses, or harmful material.
• Interfere with Platform operations or security.
• Collect user information without authorization.
• Impersonate another person or business.
• Engage in fraud, harassment, abuse, or deceptive conduct.
• Circumvent account restrictions or auction rules.
• Use Platform information for unauthorized commercial purposes.

BLK Art Auction may investigate suspected violations and cooperate with law-enforcement or regulatory authorities where appropriate.

BLK Art Auction may suspend, restrict, or terminate an account if:

• You violate these Terms.
• You fail to pay for a won auction.
• You provide inaccurate or misleading information.
• Your activity creates risk for the Platform, artists, buyers, or other users.
• Your account is associated with fraud, abuse, manipulation, or unauthorized activity.
• BLK Art Auction is required to do so for legal, security, or operational reasons.

If your account is terminated, you may not create another account without written permission.

Termination does not eliminate obligations that arose before termination, including payment obligations, intellectual-property obligations, dispute provisions, and limitations of liability.

BLK Art Auction’s collection and use of personal information is described in the Website’s Privacy Policy.

By creating an account, placing a bid, or completing a purchase, you agree to receive necessary transactional communications, including:

• Account verification messages;
• Password-reset messages;
• Bid confirmations;
• Outbid notifications;
• Auction reminders;
• Winning-bid notifications;
• Payment reminders;
• Payment confirmations;
• Shipping and tracking updates; and
• Customer-support communications.

You may separately choose whether to receive newsletters and promotional communications. You may unsubscribe from promotional communications at any time, but you may continue to receive essential account and transaction messages.

The Platform may use third-party services for payment processing, email delivery, hosting, image storage, security, analytics, shipping, and other operations.

Third-party services may have their own terms and privacy policies. BLK Art Auction is not responsible for the independent acts, omissions, outages, policies, or practices of third-party providers, except where liability cannot legally be excluded.

The Platform and its content are provided on an “as available” and “as is” basis to the extent permitted by law.

BLK Art Auction does not guarantee that:

• The Website will always be available or uninterrupted.
• The Platform will be free of errors, delays, or technical problems.
• Auction information will never be affected by a technical issue.
• Every artwork will meet a buyer’s subjective expectations.
• Notifications will be delivered without delay.
• Artwork will arrive by a particular date.
• The Platform will be free from unauthorized access or malicious activity.

BLK Art Auction will make reasonable efforts to operate the Platform fairly and professionally and to correct material issues when identified.

To the fullest extent permitted by applicable law, BLK Art Auction and its owners, employees, contractors, affiliates, service providers, and representatives will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages arising from or related to:

• Use of or inability to use the Platform;
• Bidding activity or auction interruptions;
• Missed notifications;
• Shipping delays;
• Carrier loss or damage, subject to applicable insurance processes;
• Account suspension or termination;
• Unauthorized account access;
• Third-party services;
• Artwork condition, except to the extent liability cannot legally be excluded; or
• Any other matter connected with the Platform or a transaction.

To the extent permitted by law, BLK Art Auction’s total liability relating to a transaction or use of the Platform will not exceed the amount paid by the buyer for the specific artwork giving rise to the claim.

Some jurisdictions do not allow certain limitations, so some provisions may not apply to every user.

To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless BLK Art Auction and its owners, employees, contractors, affiliates, service providers, and representatives from claims, damages, losses, liabilities, costs, and expenses, including reasonable legal fees, arising from:

• Your violation of these Terms;
• Your misuse of the Platform;
• Your breach of applicable law;
• Your infringement of another person’s rights;
• Your submitted content; or
• Your failure to complete payment for a won auction.

BLK Art Auction intends to handle disputes in a timely, professional, and fair manner, with a focus on doing what is right.

Before filing a legal claim, users are encouraged to contact BLK Art Auction at: Email: blkartauction@gmail.com Phone: 773-391-7281

The parties should attempt in good faith to resolve the dispute informally.

These Terms will be governed by the laws of Illinois, without regard to conflict-of-law principles. Any legal action must be brought in the courts located in Cook County and Illinois, unless applicable law requires another location.

You should have an attorney select and review the governing-law, venue, arbitration, class-action, and consumer-rights provisions before publication.

BLK Art Auction may update these Terms from time to time. Updated Terms will be posted on the Website with a revised “Last Updated” date.

Changes will apply prospectively unless otherwise required by law. Your continued use of the Platform after updated Terms are posted means you accept the revised Terms.

The Terms in effect at the time of a completed auction will generally govern that transaction, unless a change is required by law or relates to security, fraud prevention, or Platform operations.

If any provision of these Terms is determined to be invalid, unlawful, or unenforceable, that provision will be limited or removed to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

These Terms, together with the Privacy Policy, applicable auction listing, and any written agreement between BLK Art Auction and an artist, form the entire agreement regarding use of the Platform and supersede prior discussions or statements concerning the same subject matter.

If a separate written agreement conflicts with these Terms, the separate agreement will control only for the specific subject it addresses.

For questions about these Terms, an auction, payment, shipping, artwork, or an account, contact:

BLK Art Auction Website: blkartauction.com Email: blkartauction@gmail.com Phone: 773-391-7281

We aim to respond to customer inquiries within 24 hours.