Terms & conditions.

1. Terms and Conditions Generally.

This website ("Website") is owned by Witherell, a division of BLW Enterprises, Inc., a Nevada corporation ("Witherell"). By accessing or otherwise using this Website you agree to these terms and conditions. These terms and conditions govern the offer and sale of all products ("Products") on this Website or otherwise involving Witherell. Witherell may revise or update these terms and conditions at any time in its sole and absolute discretion, and in such event the revision or update shall constitute an amendment to these terms and conditions effective as of posting on this Website. Any person who bids in an auction or accepts a bidder card or bidder number (each, a "Bidder") confirms and agrees to these terms and conditions.

2. Witherell is an Auction House.

Witherell auctions or otherwise sells Products on behalf of consigning parties (each, a "Consignor"). Witherell does not hold title to Products. Products are purchased by the winning Bidder directly from the Consignor. Witherell acts as facilitator by auctioning and providing related services in connection with the sale of Products. Each Bidder and other users of this Website acknowledges the foregoing. It is acknowledged and agreed that at times Products may be purchased via private sale (i.e., outside of the auction process), and in such event these terms and conditions shall control the transaction (except that the auction provisions shall not apply).

3. Copyright.

Witherell owns the copyright and all images and illustrations in written material produced by or relating to a lot. Witherell's prior written permission is required for Bidder or Buyer, or any other party, to reproduce or otherwise use such images and illustrations.

4. Condition of Products.

Neither Witherell nor Consignor make any representations or warranties with respect to the condition of Products.

5. Auction Rules.

The auctioneer may establish procedures and supplement these rules during an auction, in the auctioneer's sole and absolute discretion. The highest qualified Bidder recognized by the auctioneer shall be the winning Bidder. The auctioneer's decision and declaration of the winning Bidder shall be final and binding upon all Bidders and any other parties. The auctioneer has no obligation to accept any bid and may reject or refuse any bid in its sole and absolute discretion.

At the fall of the hammer or the announcement of "SOLD", the highest Bidder will have purchased the offered lot and become a "Buyer". All sales are final at the fall of the hammer or the announcement of "SOLD". The purchase is subject to all the terms and conditions set forth herein.

The auctioneer reserves the right to withdraw any property from the auction prior to sale. Witherell's records will be deemed conclusive in all respects in the event there is any dispute after the sale. Witherell reserves the right to rescind the sale in the event of nonpayment, breach of warranty, disputed ownership, or error or omission in receiving bids or providing Product descriptions or other information, in each instance in Witherell's sole and absolute discretion.

6. Settlement and Payment Terms.

After the conclusion of the auction, Witherell will provide Buyer with an invoice reflecting the "Total Amount Due", which will include the following:

• Purchase price for the Product(s).
• "Buyer's Premium" of (i) 20% of the purchase price if paid by cash, check or wire transfer; or (ii) 23% of the purchase price if paid by credit card.
• Sales tax (if applicable) as provided under Section 7 of these terms and conditions.
• Shipping and handling fee as provided under Section 8 of these terms and conditions.
• Insurance premium at the rate of 1.5% of aggregate purchase price (hammer price plus Buyer's Premium).

You will pay the Total Amount Due to Witherell upon receipt of the invoice. Witherell may rescind any sale upon notice thereof to Buyer in the event Buyer fails to timely pay the full amount set forth in the invoice. Witherell's election to rescind the sale does not relieve Buyer from its obligation to pay Witherell its fees on the lot (Buyer's premium and amount of fees owed by Consignor to Witherell if the sale had happened) and any other damages sustained by Witherell or the Consignor. It is acknowledged that Witherell will deduct the amount it is owed from such payment before remitting to Consignor.

Auction sales are strictly for cash, cashier's check or personal check. Payment by check is in all instances subject to Witherell's policies and Witherell management may refuse payment in its sole and absolute discretion. Payment by credit card, automated clearing house transfer or wire transfer, or any other means, will only be permitted with the prior approval of Witherell management in its sole and absolute discretion.

Amounts not paid when due will accrue interest at the lesser of 18% per annum or the maximum rate permitted by law until paid in full. Witherell and Consignor shall be entitled to exercise any rights available under applicable law with respect to non-payment by Buyer. Buyer will be responsible for all costs incurred by Witherell and/or Consignor in collecting past due amounts, including reasonable attorney's fees, court and other collection costs.

Delivery of purchased Products will not be made until Witherell receives full payment of the Total Amount Due, taking into consideration any clearing period that may be required for the method of payment utilized by the Buyer.

7. Sales Tax.

With respect to Products picked up at or shipped to a Nevada location, unless you have a valid reseller's permit (as determined to the satisfaction of Witherell), you will be required to pay applicable sales tax (state and local).

With respect to Products picked up at or shipped to a location outside of Nevada via recognized parcel carrier (such as FedEx), no sales tax will apply unless at such time Witherell's economic nexus thresholds for the destination state have been exceeded.

If sales tax is owed, Witherell will collect such sales tax from you prior to shipment and remit it to the applicable state. If the incorrect amount of sales tax is collected at the time of purchase for any reason, you agree to pay Witherell the actual amount of tax due.

8. Shipping and Insurance.

You will pay Witherell the shipping fee specified in the lot description for the purchased Product(s). Witherell will handle packaging and coordination of shipping. Shipping will be provided via FedEx. All shipments are subject to and must comply with the current requirements of FedEx. Witherell reserves the right to utilize a shipper other than FedEx, in which event the shipment will be subject to the requirements of such shipper.

All shipped Products are insured at the rate of 1.5% of aggregate purchase price (hammer price plus Buyer's Premium).

9. No Rescission or Return Rights.

All Products offered for sale are "as is, where is". Buyers have no rescission, return or exchange rights. Descriptions of Products or statements referencing condition, authorship, period, culture, source, origin, measurement, quality, rarity, provenance, importance, exhibition, or any other characteristic, are statements of opinion and not guarantees or representations or warranties. Neither Witherell nor Consignor makes any guarantee or warranty regarding the Product.

Witherell recommends that each Bidder view and inspect (either personally or through an expert) each Product before bidding on it.

10. Storage Charges.

If you do not pick up a purchased Product (personally or through an authorized shipper) within 5 business days of the auction closing, then you will be charged a storage fee at Witherell's standard rates in effect at such time. You must pay any storage fee prior to delivery of the Product.

11. Dispute Resolution.

It is acknowledged that if Buyer fails to pay the amount it owes as specified in the applicable invoice, then Witherell and Consignor shall be entitled to exercise the remedies set forth herein as well as any other remedies available at law or equity, including but not limited to filing a lawsuit in Douglas County, Nevada. For all other disputes relating to the lots or Products, or otherwise pertaining to these terms and conditions, the parties shall discuss and attempt to resolve the matter. If they are not able to resolve the matter within 30 days, then either party may compel binding arbitration by written notice to the other party. In such event, the matter shall be determined by binding arbitration before a single arbitrator administrated by and conducted under the rules of the American Arbitration Association in Douglas County, Nevada. Each party will pay an equal amount of the arbitration fees and costs. Each Bidder or Buyer in this auction agrees that the election of restricting any and all claims (except non-payment) to arbitration is a voluntary decision and is evidenced by the Bidder or Buyer's participation in the auction.

12. Warranty Disclaimers.

All lots and products are sold "as is". Neither Witherell nor the Consignor makes any representation or warranty, express or implied, as to the title, merchantability, fitness or condition of the lots or products or as to the correctness of description, genuineness, attribution, provenance or period of the lots or products or otherwise relating to the products. Witherell and Consignor specifically disclaim the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

13. Limitation of Liability.

In no event shall Witherell or the Consignor be liable for any compensatory, incidental or consequential damages, even if advised in advance of the possibility of such damages. The maximum liability of Witherell and Consignor (on a combined basis) for claims hereunder or otherwise relating to the transaction shall be limited to the amount paid by Buyer for the lot or products that are the subject of such claim.

Neither Witherell nor any of its affiliates, officers, directors, owners, managers, contractors, agents or employees is responsible for any errors of a Bidder, including but not limited to the Bidder bidding on the wrong lot.

14. General.

These terms and conditions are governed by the laws of the State of Nevada, without regard to conflict of laws principles. Venue for any dispute arising out of these terms and conditions or the offer or sale of the lots or Products shall be in the courts of Douglas County, Nevada. Such venue is exclusive. Each Bidder and Buyer irrevocably consents to such courts having jurisdiction over them. These terms and conditions supersede any prior or contemporaneous documents or discussions with respect to the lots or Products, or otherwise relating to the subject matter set forth herein.

Privacy policy.

Last updated October 2, 2026.

Witherell, a division of BLW Enterprises, Inc., a Nevada corporation ("we" or "us"), considers your privacy to be of the utmost importance and we take appropriate measures to protect the security and integrity of all such information.

This Privacy Policy (together with the Conditions of Sale above and any other documents referred to herein or therein) sets out the basis on which we will collect, use and process personal data. Please read this Privacy Policy carefully to ensure you understand how we handle your personal data. Please also check this page from time to time as the Privacy Policy may be updated. Information and/or data we collect from you under this Privacy Policy is sometimes referred to as your "personal information."

Specific Information We May Collect via witherell.com

Among other information, we may collect and process the following information obtained from your use of www.witherell.com.

Cookies

If you have permitted your computer to accept "cookies," we may use cookies to keep, and sometimes track, information about you. Cookies are small data files that are sent to your browser or related software from a web server and stored on your computer's hard drive. Cookies track where you travel on our website and what you look at, transact and purchase. They may store items such as your username and/or password, and certain other information, and we may use them to deliver specific messages to you (for example, to announce a new feature that was added since the last time you visited the website). A cookie may enable us to relate your use of our website to other information about you. All of these purposes serve to improve and personalize your experience on our website.

Most web browsers can be set to inform you when a cookie has been sent to you and provide you with the opportunity to refuse that cookie. However, refusing a cookie may, in some cases, preclude you from using, or negatively impact the display or function of, the website or certain areas or features of the website.

We use Google Analytics to understand how visitors use our website. Google Analytics uses cookies to collect information such as the pages you visit, how long you stay and how you arrived at the site; this information is reported to us in aggregate. You can opt out by installing the Google Analytics opt-out browser add-on.

IP Address

We may collect information about your computer, including your internet address, operating system and browser type when you visit us. Your internet address may be used to help identify and gather statistical or demographic information about our customers generally. We may also use this information for internal system administration to help diagnose problems with our servers, to administer our website and the customer or user experience.

Additional Information We May Collect from You

We may collect and process the following information about you:

• Information you provide when you visit our website (www.witherell.com), and information given in hard copy form or by any other means. Such information may include by way of example and without limitation: your name; title; home and/or business address; e-mail address; home and/or business telephone, wireless and/or fax number; credit card and other payment information; demographic information; your location; firearm interests or preferences, firearm purchases, auction activity and bidding history, paddle numbers, bidding amounts, payment history; and/or other information that may identify you as an individual or allow online or offline contact with you as an individual. This information may be provided when you are registering interest, transacting with us, subscribing to our services or for newsletters or requesting information.
• Correspondence or other contacts you may have with us.
• Details of transactions you carry out through our website, and any communications by telephone, in person or by any other means relating to those transactions. This may include recording certain telephone conversations, for example relating to live bidding.
• Details of your visits to our website including, but not limited to, traffic data, web logs or other communication data and the resources you access.

The information you provide to us will be used for processing transactions but may also be used for internal data processing, such as compiling statistical information about your interests and the use of www.witherell.com. As a service to you, we may also use this information to customize the content we offer on www.witherell.com.

Online Bidding and the Witherell Mobile App

Bidder registration, online and absentee bidding, invoicing and payment for our auctions take place on our bidding platform at bid.witherell.com and in the Witherell mobile app, both operated for us by our auction platform provider, Bidsquare. When you create an account, register for an auction, place bids or pay an invoice there, the information you provide (such as your name, contact details, shipping address, payment details and bidding activity) is collected and processed by Bidsquare on our behalf and shared with us so we can run the auction, invoice you and deliver your purchases. The mobile app may also collect device information needed to operate the app and, if you allow it, send you push notifications about lots and auctions you follow; you can turn notifications off at any time in your device settings. Bidsquare's handling of this information is also governed by the Bidsquare Privacy Policy.

How is this Personal Information Used by Us?

We will collect, record, store and use your personal data for specified purposes, including but not limited to:

• Providing you with information, products or services that you request from us or which we believe would interest you in a way that is targeted and relevant. This could include but is not limited to auctions, private sales, storage services and transportation, valuations, appraisals, education and insurance.
• Carrying out our obligations arising from any contracts entered into between you and us.
• Notifying you about changes to our products and services.
• Ensuring that our website is presented in the most effective manner for you and your computer.
• Selling or purchasing property or services.
• Advising you of forthcoming sales, events and services.

We may contact you for the above purposes by telephone call, email, text or SMS messaging and other means.

Sharing Information

We will not share your personal information with anyone outside of us other than in accordance with the law and as stated in this Privacy Policy. We may from time-to-time share your information with certain third parties in accordance with the following:

Service Providers. We may use third party partners to help operate our website and deliver our products and services, and may, when necessary to do so, share your information with our affiliates, service providers and other third parties that provide products or services for or through this website or for our business purposes (such as our auction platform provider, website or database hosting companies, address list hosting companies, e-mail service providers, analytics companies, distribution companies, fulfillment companies, and other similar service providers that use such information on our behalf).

Aggregate Statistics. We may disclose aggregate statistics regarding user behavior as a measure of interest in, and use of, our website and products and services purchased. This will be in the form of aggregate data, such as overall patterns or demographic reports that do not describe or identify any individual user.

Legally Compelled Disclosures. We may disclose user information to government authorities or other third parties when we believe such disclosure is required by law. We may also disclose user information as necessary to enforce our website terms and conditions, in connection with investigations, or when we believe disclosure is necessarily incident to the provision of our services or to the protection of the rights, property or safety of us or others.

Contacting You

In order to provide you with marketing information about our products and services, we may contact you by email, text, SMS or any other messaging service, telephone, fax and by post. Our email newsletter is sent through Mailchimp. At the bottom of any marketing emails, you will have a clearly marked unsubscribe option from future mailings. In addition, you may at any time send an email to info@witherell.com asking for your name to be removed from our lists.

Your Rights

You have the legal right to a copy of the information which we hold about you, including information on how this will be used and to ensure this information is accurate. You also have the right to ask us not to process your personal data for marketing purposes. You can exercise this right by checking certain boxes on the forms we use to collect data or at any time by contacting us at info@witherell.com.

To close your bidding account or ask us to delete your personal information, email info@witherell.com. We will delete it except where we must keep records of auction transactions for legal, tax or accounting purposes.

Security

We will take all reasonable and appropriate steps to protect the security and integrity of all personal information provided to our website, or by any other means electronic or otherwise.

We will ensure that your personal data held by us is suitably protected against both unauthorized physical and electronic access. These measures include protection measures and other steps designed to improve the data protection posture. However, we cannot guarantee that information during transmission through the internet or any computer network is entirely safe from unauthorized intrusion, access or manipulation. We will have no liability for disclosure of information due to errors or unauthorized acts of third parties. In any event, where we believe personal data has been compromised, we will notify you of this.

Third-Party Websites

Our website may contain links to other websites which are not operated by us. The information you provide to us will not be transmitted to other websites. However, these websites may collect personal information about you in accordance with their own privacy policies. We are not responsible for the privacy practices or the content of such websites.

How Long will Witherell Keep Your Personal Information?

We will hold your information in our systems for as long as is necessary for the relevant activity, or for as long as is specified in any agreement between you and us.

Changes to this Policy

We reserve the right to amend or update this Privacy Policy and any of our privacy practices at any time. We will notify users of this website by posting an updated policy on this page and such changes will be effective immediately and without further notice. Where appropriate, we may notify you directly of changes to the Privacy Policy either through email or a prominent notice on our website.

Contact

If you have any queries in relation to the use and protection of your personal data, please contact us at info@witherell.com, call 916.446.6490, or write to Witherell, 300 20th Street, Sacramento, California 95811.