Terms & Conditions

Acceptance of Terms

These Terms & Conditions (“Terms”) govern your access to and use of the BidFlag website, mobile application, and related services (collectively, the “Platform”). By creating an account, listing an item, placing a bid, purchasing an item, or otherwise using the Platform, you acknowledge that you have read, understood, and agreed to these Terms.

If you do not agree, you must not use the Platform.

BidFlag may amend these Terms from time to time. Continued use of the Platform following publication of revised Terms constitutes acceptance of the changes.

Marketplace Role

BidFlag operates an online marketplace connecting independent buyers and sellers. BidFlag is a platform provider and is not the seller, buyer, manufacturer, owner, agent, or distributor of items listed by users.

Unless expressly stated otherwise, transactions are solely between buyers and sellers. Each user is responsible for their own conduct, representations, obligations, and compliance with applicable law.

User Accounts

Users must provide accurate and current information and are responsible for all activity conducted through their accounts.

Users may not impersonate another person, create fraudulent accounts, misuse another person's account, or provide misleading information.

BidFlag may suspend or terminate accounts that violate these Terms, applicable law, or Platform safety requirements.

Seller Obligations

By listing an item, the seller represents and warrants that:

• The seller lawfully possesses and has the right to sell or transfer the item;
• The item is accurately described and represented;
• All material defects or relevant conditions are disclosed;
• The item complies with these Terms and applicable law; and
• The seller is capable of fulfilling the transaction.

Sellers are solely responsible for the accuracy of their listings, photographs, descriptions, representations, and claims.

Purchases and Bidding

A buyer who agrees to purchase an item is obligated to complete payment through the Platform within twenty-four (24) hours.

A winning bidder is likewise required to complete payment within twenty-four (24) hours of winning the bid.

Users may not place fraudulent, artificial, or manipulative bids, including bids made without genuine intent to purchase.

BidFlag may cancel transactions, remove listings, or restrict accounts where fraud, manipulation, or other abuse is suspected.

Seller Fulfillment

Following a completed sale or successful bid, the seller must dispatch the item within seven (7) days, unless BidFlag authorizes otherwise.

If the seller fails to fulfill the transaction within the required period, the buyer may be entitled to a full refund, including applicable shipping charges, subject to BidFlag's applicable procedures.

Repeated failure to fulfill transactions may result in suspension or termination of the seller's account.

Free Items

Sellers may offer eligible items to buyers at no purchase price.

For free-item transactions, the buyer is responsible for applicable shipping costs and BidFlag's $3 flat processing fee, unless otherwise stated by BidFlag.

Free listings remain subject to all applicable Platform rules and prohibited-item restrictions.

Returns and Refunds

BidFlag recommends that sellers provide a minimum fourteen (14) day return period.

A seller may offer a “No Returns” policy where legally permitted, provided that the policy is clearly disclosed in the listing at the time the item is posted.

A “No Returns” policy does not excuse fraud, material misrepresentation, unlawful conduct, or obligations that cannot legally be excluded.

On-Platform Transactions

For the protection of users and the integrity of the marketplace, all transactions must remain within the BidFlag website and associated application.

Users may not circumvent BidFlag's transaction system by arranging payment or completing transactions outside the Platform.

Violations may result in cancellation, removal of listings, suspension, or permanent termination of the user's account.

Prohibited Items

The following may not be listed, sold, purchased, transferred, or otherwise facilitated through BidFlag:

• Firearms, weapons, and ammunition;
• Pornography or unlawful sexual material;
• Human trafficking or trafficking-related goods or services;
• Illegal drugs, controlled substances, and marijuana;
• Stolen property;
• Human remains;
• Live animals or pets, including dogs, cats, birds, reptiles, and fish;
• Organic materials, living or deceased, except qualifying fossils intended for legitimate scientific or collector purposes;
• Chemicals and hazardous substances;
• Explosives and fireworks, including fuses and model rocket engines;
• Flammable fuels, including gasoline, butane, propane, and strike-anywhere matches;
• Liquid mercury and mercury-containing devices;
• Lithium batteries and prohibited lithium-battery products;
• Automobile airbags and restricted safety equipment;
• Cigarettes, tobacco products, alcoholic beverages, and other contraband;
• Counterfeit goods;
• Lottery-related materials where prohibited; and
• Any other goods or materials prohibited by applicable law, carrier restrictions, payment providers, or BidFlag policy.

Hazardous Materials and Shipping

Users are solely responsible for ensuring that listed items comply with applicable shipping, transportation, packaging, and carrier requirements.

BidFlag does not guarantee that an item is legally or safely transportable through any particular carrier. The fact that an item may be lawfully possessed does not mean that it may be listed or shipped through BidFlag.

Fraud and Illegal Conduct

Users may not use the Platform to facilitate fraud, theft, trafficking, money laundering, deception, counterfeit activity, unlawful transactions, or other criminal conduct.

BidFlag may remove content, suspend accounts, cancel transactions, and cooperate with law enforcement or other authorities where appropriate or legally required.

No Inspection or Endorsement

BidFlag does not routinely inspect, authenticate, appraise, certify, or independently verify items or seller representations.

Buyers are responsible for conducting appropriate due diligence before completing a transaction.

User Conduct

Users shall not:

• Violate these Terms or applicable law;
• Submit false or misleading information;
• Manipulate listings, bids, ratings, or transactions;
• Harass, threaten, defraud, or abuse other users;
• Interfere with Platform security or functionality;
• Introduce malicious code or harmful technology;
• Circumvent Platform fees or procedures; or
• Use the Platform for unlawful or unauthorized purposes.

Fees and Taxes

Users must pay all applicable fees displayed by BidFlag.

BidFlag may modify its fees or processing charges in accordance with applicable law and reasonable Platform procedures.

Users are responsible for taxes, duties, or governmental charges arising from their transactions to the extent legally applicable.

Intellectual Property and User Content

Users retain ownership of content they submit, subject to the rights granted to BidFlag under these Terms.

By submitting listings, photographs, descriptions, reviews, or other content, users grant BidFlag a non-exclusive, worldwide, royalty-free license to use, reproduce, display, distribute, and modify such content as reasonably necessary to operate, maintain, market, and improve the Platform.

Users represent that they have the necessary rights to submit such content.

Suspension and Termination

BidFlag may, to the extent permitted by law, remove listings, cancel transactions, restrict access, suspend accounts, or terminate accounts for violations of these Terms, applicable law, fraud, abuse, or conduct that threatens the Platform or its users.

Termination does not eliminate obligations that accrued before termination.

Disclaimer of Warranties

BIDFLAG DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE FROM DEFECTS.

BIDFLAG DOES NOT GUARANTEE THE QUALITY, CONDITION, AUTHENTICITY, SAFETY, LEGALITY, OWNERSHIP, VALUE, OR ACCURACY OF ANY ITEM OR USER REPRESENTATION.

BIDFLAG IS NOT RESPONSIBLE FOR THE ACTS, OMISSIONS, REPRESENTATIONS, FRAUD, NEGLIGENCE, OR CRIMINAL CONDUCT OF BUYERS OR SELLERS, EXCEPT TO THE EXTENT LIABILITY CANNOT LAWFULLY BE EXCLUDED.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BIDFLAG, ITS OWNERS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THE PLATFORM OR USER TRANSACTIONS.

Users acknowledge that transactions are conducted between users and undertaken at their own discretion and risk.

Nothing in these Terms excludes liability that cannot legally be excluded or limited.

Indemnification

To the maximum extent permitted by law, users agree to defend, indemnify, and hold harmless BidFlag and its owners, affiliates, officers, directors, employees, agents, contractors, and representatives from claims, damages, losses, liabilities, costs, and reasonable attorneys' fees arising from or relating to:

• The user's breach of these Terms;
• Violation of applicable law;
• The user's listings, transactions, or conduct;
• Fraud, misrepresentation, negligence, or misconduct; or
• Disputes with other users.

User Disputes

Transactions are primarily between buyers and sellers. BidFlag is not a party to disputes between users unless it expressly elects to participate or is legally required to do so.

BidFlag may review transaction information and take appropriate action where Platform rules have been violated.

Privacy

Use of the Platform may involve the collection and processing of personal information. Users should review BidFlag's separate Privacy Policy, which forms part of the Platform's applicable policies.

Governing Law

These Terms shall be governed by the laws of the State of Maryland, without regard to conflict-of-law principles, except where applicable federal law or mandatory law provides otherwise.

Severability and Waiver

If any provision of these Terms is found invalid or unenforceable, the remaining provisions shall remain in full force and effect.

Failure by BidFlag to enforce any provision shall not constitute a waiver of its right to enforce that provision later.

Entire Agreement

These Terms, together with BidFlag's applicable policies incorporated by reference, constitute the entire agreement governing use of the Platform and supersede prior understandings concerning the same subject matter.

Contact

BidFlag

Silver Spring, Maryland, USA

Website: www.bidflag.com/

For questions regarding these Terms or Platform policies, users may contact BidFlag through the contact information provided on the Platform.