Effective Date: May 2, 2026
Last Updated: May 2, 2026
Welcome to BMXAuctions.com (“BMXAuctions,” “we,” “us,” or “our”). These Terms of Service (“Terms”) govern your access to and use of the BMXAuctions website, services, and platform (collectively, the “Service”). By creating an account, listing an item, placing a bid, or otherwise using the Service, you agree to these Terms.
If you do not agree to these Terms, do not use the Service.
1. The Service
BMXAuctions is an online marketplace that connects buyers and sellers of pre-1990 BMX bikes, frames, parts, and related items. We provide the platform; we are not a party to any transaction between a buyer and a seller. Sellers list items for auction. Buyers place bids. When an auction ends, the buyer with the highest qualifying bid is contractually obligated to purchase the item, and the seller is contractually obligated to ship it.
We are not a traditional auctioneer. We do not take possession of items, we do not inspect items, and we do not authenticate items unless explicitly stated otherwise on a specific listing.
2. Eligibility
You must be at least 18 years old and legally able to form a binding contract under the laws of your jurisdiction to use the Service. By using the Service, you represent and warrant that you meet these requirements.
3. Accounts
To buy or sell, you must create an account. You agree to:
- Provide accurate, current, and complete information
- Keep your account credentials secure
- Notify us immediately of any unauthorized use of your account
- Accept responsibility for all activity that occurs under your account
We may suspend or terminate accounts at our discretion, including for violations of these Terms, fraudulent activity, or abusive behavior toward other users or our staff.
4. Buyers
4.1 Bidding
When you place a bid, you are entering a binding offer to purchase the item at that price if you are the winning bidder. Bids cannot be retracted except in limited circumstances at our sole discretion (such as a clear typographical error reported within 60 minutes of the bid and before the auction ends).
4.2 Buy It Now
Some auctions include a Buy It Now (“BIN”) option. Clicking Buy It Now ends the auction immediately and creates a binding purchase obligation at the BIN price. BIN may become unavailable during an auction once bidding reaches a seller-defined threshold of the BIN price.
4.3 Payment
Winning bidders must complete payment promptly through the checkout process. Payment for winning bids is processed via Stripe at the end of each auction. A buyer’s premium is added to the winning bid at checkout — five percent (5%) of the hammer price, subject to a minimum of $5.00 and a maximum of $250.00. The premium is itemized on the checkout page and is the sole platform-side fee charged to buyers. Payment processing costs are included within the premium floor; no separate processing fee is charged. Failure to pay may result in account suspension and forfeiture of the right to bid in the future.
4.4 Inspection and Condition
Items on BMXAuctions are typically used, vintage, and decades old. Buyers are responsible for reviewing listings carefully, asking questions before bidding, and understanding that pre-1990 BMX items will show wear consistent with age. Disputes about an item not matching its description are handled under our Refund Policy.
5. Sellers
5.1 Listing Requirements
Sellers must:
- Own the item being listed or have the legal right to sell it
- Describe items accurately, including all known flaws, repairs, modifications, and missing or replacement parts
- Provide clear photographs of the actual item — no stock photos and no images sourced from the internet
- Set honest reserve prices and Buy It Now prices
- Only list items that fall within the BMXAuctions scope (pre-1990 BMX bikes, frames, parts, and accessories)
5.2 Fees
5.2.1 No seller fees. BMXAuctions does not charge sellers a percentage fee or commission on sales. Sellers retain 100% of the hammer price of every auction they win. No listing fee applies on either tier.
5.2.2 Listing limits. Free accounts are limited to three (3) listings per calendar month. PRO members ($9.99 per month) receive unlimited listings, a Verified Seller badge, and Featured placement on the homepage and category pages.
5.2.3 Buyer’s premium. Buyers pay a buyer’s premium on every winning bid. The premium is five percent (5%) of the hammer price, with a minimum of $5.00 and a maximum (cap) of $250.00. The premium is itemized at checkout and is the sole platform-side fee charged to buyers. Payment processing costs are included within the premium floor; no separate processing fee is charged.
5.2.4 PRO subscription. PRO membership is offered at $9.99 per month, billed monthly to the payment method on file. New PRO members receive a one (1) month free trial; the subscription auto-converts to paid at the end of the trial unless canceled. Members may cancel at any time from account settings; cancellation takes effect at the end of the current billing period and no partial-period refunds are issued.
5.2.5 Taxes. Buyers and sellers are responsible for any sales, use, value-added, or other taxes that may apply to their transactions. BMXAuctions does not collect or remit such taxes on behalf of users, except where required by law.
5.2.6 Changes to fees. BMXAuctions may modify the fee structure described in this Section 5.2 from time to time. Changes will be communicated to active users by email and posted to the Terms of Service at least thirty (30) days before taking effect. Continued use of the platform after the effective date constitutes acceptance of the modified fees.
5.3 Shipping and Fulfillment
Sellers must ship items within seven (7) days of receiving payment confirmation, unless a different timeframe is explicitly stated in the listing. Sellers are responsible for packaging, insurance, and choice of carrier. Tracking information must be provided to the buyer.
5.4 Payouts
Payouts are processed via Stripe to the seller’s connected bank account. Payouts are released after the buyer confirms receipt or seven (7) days after delivery confirmation, whichever comes first. Payouts may be delayed in the event of a dispute.
5.5 Prohibited Listings
Sellers may not list:
- Counterfeit, replica, or misrepresented items
- Items the seller does not own or have the right to sell
- Stolen items
- Items outside the pre-1990 BMX scope without our written permission
- Items prohibited by applicable law
6. PRO Membership
PRO Membership is a paid subscription with the benefits described on our Go PRO page. PRO membership renews automatically until canceled. You may cancel at any time from your account settings; cancellation takes effect at the end of the current billing period. We do not provide refunds for partial billing periods.
7. Disputes Between Users
When a dispute arises between a buyer and a seller, the parties should first attempt to resolve it directly. If direct resolution fails, the buyer may open a formal dispute through BMXAuctions before confirming receipt or within seven (7) days of delivery, whichever comes first.
BMXAuctions will review disputes in good faith and may, at our discretion, mediate, hold funds, or issue refunds. We are not a party to the underlying transaction and our role is limited to that of a platform facilitator. Our dispute decisions are final at the platform level.
See our Refund Policy for details.
8. Fees and Taxes
All fees are stated in U.S. dollars.
**Sellers.** Listing on BMXAuctions is free. We do not charge sellers a commission or final-value fee — when your item sells, you receive 100% of the winning bid, less any payment-processor fees deducted by Stripe for transferring funds to your connected account. Free accounts may create up to three (3) listings per calendar month. PRO accounts may create unlimited listings; PRO is a paid subscription described on our Go PRO page.
**Buyers.** At checkout, two charges are added to your winning bid and shown as separate line items before you confirm payment: (1) a Buyer’s Premium equal to 5% of the winning bid, subject to a minimum of $5 and a maximum of $250; and (2) payment processing, which covers the card-processing cost of the transaction. These are the only buyer-side charges.
**Taxes.** You are responsible for any taxes, duties, or other governmental charges associated with your transactions. BMXAuctions does not collect or remit sales tax on your behalf except where required by law.
9. BMXID Community Experts
The BMXID program is an informal, peer-driven network of community experts who may provide opinions on listings. BMXID assessments are opinions, not certifications, appraisals, or guarantees of authenticity. BMXAuctions does not warrant the accuracy of any BMXID assessment, and no BMXID assessment shall give rise to any claim against BMXAuctions or against the participating experts. Participation in BMXID as an expert is governed separately by the BMXID Expert Terms.
10. Intellectual Property
The BMXAuctions name, logo, branding, and platform code are owned by BMXAuctions and protected by intellectual property laws. You may not copy, reproduce, or use them without our written permission.
When you upload listings, photographs, or other content to BMXAuctions, you grant us a worldwide, non-exclusive, royalty-free license to use, display, distribute, and create derivative works from that content for the purpose of operating, marketing, and promoting the Service. You retain ownership of the content you upload.
You represent and warrant that you own or have the right to upload any content you submit, and that the content does not infringe any third-party rights.
11. Acceptable Use
You agree not to:
- Manipulate auctions through shill bidding, coordinated bidding rings, or any bidding practice intended to artificially inflate prices
- Use bidding software or automation beyond the Service’s built-in proxy bidding feature
- Circumvent the platform to complete transactions off-site to avoid fees
- Harass, threaten, defame, or discriminate against other users or our staff
- Upload viruses, malware, or any code designed to interfere with the Service
- Attempt to gain unauthorized access to the Service or other users’ accounts
- Scrape, copy, or harvest user data or listing data without our written permission
- Use the Service for any unlawful purpose
Violations may result in account suspension, termination, forfeiture of fees and proceeds held by the Service, and legal action.
12. Disclaimers
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, BMXAUCTIONS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE. WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY LISTING, USER CONTENT, BIDDER STATEMENTS, OR BMXID ASSESSMENT.
ITEMS SOLD ON THE SERVICE ARE OFFERED BY INDEPENDENT THIRD-PARTY SELLERS. BMXAUCTIONS MAKES NO WARRANTY ABOUT THE CONDITION, AUTHENTICITY, LEGAL TITLE, OR FITNESS OF ANY ITEM SOLD THROUGH THE SERVICE.
13. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, BMXAUCTIONS, ITS OWNERS, OFFICERS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF DATA, OR LOSS OF GOODWILL.
OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATED TO THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL FEES YOU HAVE PAID TO BMXAUCTIONS IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).
Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.
14. Indemnification
You agree to indemnify, defend, and hold harmless BMXAuctions and its owners, officers, employees, and agents from any claim, demand, loss, or damages — including reasonable attorneys’ fees — arising out of or related to (a) your use of the Service, (b) your violation of these Terms, (c) your violation of any law or any third-party right, or (d) any content you submit to the Service.
15. Termination
You may terminate your account at any time by contacting us or using the account closure tools in your account settings. We may terminate or suspend your account at any time, with or without cause and with or without notice. Upon termination:
- Your right to use the Service ceases immediately
- Outstanding obligations (payment for items won, shipment of items sold) survive termination
- We may retain account data as required by law or for legitimate business purposes
16. Changes to These Terms
We may update these Terms from time to time. When we do, we will update the “Last Updated” date at the top of this page. Material changes will be communicated via email or a prominent notice on the Service. Continued use of the Service after changes take effect constitutes acceptance of the revised Terms.
17. Governing Law and Venue
These Terms are governed by the laws of the State of Kansas, without regard to its conflict-of-laws principles. Any dispute arising out of or related to these Terms or the Service that is not resolved through the dispute resolution process in Section 7 shall be brought exclusively in the state or federal courts located in Johnson County, Kansas, and you consent to the personal jurisdiction of those courts.
18. Miscellaneous
Entire Agreement. These Terms, together with our Privacy Policy and Refund Policy, constitute the entire agreement between you and BMXAuctions regarding the Service.
Severability. If any provision of these Terms is found unenforceable, the remaining provisions remain in full force.
No Waiver. Our failure to enforce any provision is not a waiver of our right to enforce it later.
Assignment. You may not assign these Terms. We may assign them in connection with a merger, acquisition, or sale of assets.
Contact. Questions about these Terms? Email us at info@bmxauctions.com.