Terms of Service

1. Eligibility

You must be at least 18 years old to create an account or make a purchase. By using the Platform you represent that you meet this age requirement and that any information you provide is accurate and complete.

2. Description of Service

FindA.Sale is an online marketplace that connects organizers of yard sales, garage sales, flea markets, and auctions ("Organizers") with shoppers ("Buyers"). The Company facilitates transactions but is not a party to any sale between Organizer and Buyer. We do not own, inspect, or guarantee any items listed on the Platform.

3. Accounts

You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. Notify us immediately at support@finda.sale if you suspect unauthorized access. We reserve the right to suspend or terminate accounts that violate these Terms.

4. Organizer Terms

Organizers may list items from yard sales, garage sales, flea markets, or auctions for fixed-price purchase or auction. By listing items you represent that you have the legal right to sell those items and that all listing information is accurate.

Prohibited listings: You may not list stolen property, items requiring special licenses (e.g., regulated firearms, hazardous materials), counterfeit goods, or items that violate any applicable law.

Legal Authority to Sell: By listing items on FindA.Sale, you represent that you have the legal right to sell those items. This right may arise from ownership, a valid consignment agreement, power of attorney, or other lawful authority. You are solely responsible for securing and maintaining that authority.

FindA.Sale's Limited Role: FindA.Sale is a marketplace platform only. We do not enter into consignment agreements with estate owners, sellers, or any third parties. If you list items on consignment, the consignment relationship exists solely between you (the Organizer) and the item owner. FindA.Sale assumes no liability for disputes between you and your consignors, and we cannot resolve ownership or consignment disputes. You must handle all such disputes directly with your consignor and seek legal counsel if necessary.

Organizer Indemnification: Organizers agree to indemnify and hold FindA.Sale harmless from any claims, losses, damages, or legal costs arising from disputes over consignment relationships, including claims by consignors that items were sold without proper authorization.

Payouts: Organizers receive proceeds via the payment processor connected to their account, currently Square, and additional payment processors we may add. Payouts are subject to that processor's own standard processing timelines and account agreement, including Square's General Terms of Service. Instant payouts, where enabled, are subject to the applicable processor's own instant payout policies. Purchases made before Stripe closed remain subject to the payment processor terms in effect at that time, and refunds and disputes on those purchases are handled by FindA.Sale support.

Fulfillment and Cancellation Obligations: Organizers may cancel a sale before any purchases are made. Once a Buyer has completed checkout, the Organizer is bound to fulfill. Specifically:

• Organizers must acknowledge receipt of the purchase order within 24 hours of checkout completion.
• Pickup or delivery must occur within 30 days of the sale closing, unless the Organizer and Buyer agree to a different timeline in writing.
• If an Organizer fails to acknowledge, communicate, or fulfill within 30 days, the Buyer may file a dispute with FindA.Sale support at support@finda.sale.
• Organizers may only cancel after purchase if the item is no longer available due to circumstances beyond their control. Cancellation must be communicated immediately to the Buyer with a full refund offered.

4a. Sales Tax Obligations

Organizer Responsibility: FindA.Sale does not calculate, collect, or remit sales tax on behalf of organizers. Organizers are solely responsible for registering for and remitting any applicable sales tax under federal, state, and local law, including Michigan state law and applicable local ordinances. FindA.Sale recommends consulting a tax professional regarding your specific obligations.

Buyer Responsibility: Buyers should be aware that they may owe sales tax or use tax on items purchased, depending on their location and the applicable jurisdiction. Buyers are responsible for understanding their own tax obligations under their state law.

5. Buyer Terms

All sales are final. Because items are second-hand or bulk goods sold by individual Organizers (from yard sales, garage sales, flea markets, or auctions), we do not accept returns or issue refunds except where required by law or where the item was materially misdescribed.

Disputes and Refunds: Purchases on FindA.Sale are made directly with the Organizer, and payment is processed through the payment processor connected to the Organizer's account (currently Square). If you believe a listing is fraudulent, the item is significantly misdescribed, or the Organizer failed to deliver, you must report the issue to support@finda.sale within 14 days of your purchase. Include a description of the issue, photos if available, and your order confirmation. FindA.Sale will relay your report to the Organizer and require a response within the timeframe in Section 13. Refunds are issued by the Organizer directly through their connected payment processor account. If the Organizer does not respond or does not resolve the issue, FindA.Sale may suspend the Organizer's account, and you may dispute the charge directly with your card issuer or with the applicable payment processor. FindA.Sale does not issue refunds itself and does not control the outcome of a card-issuer dispute.

Contact Support: Submit disputes via email to support@finda.sale or use our contact form.

Auctions: Placing a bid is a binding commitment to purchase at that price if you win. Auction winners must complete payment within 24 hours of sale close or the item may be released.

Pickup: Unless otherwise noted by the Organizer, items must be picked up at the sale location. Shipping arrangements, if any, are solely between Buyer and Organizer.

6. Platform Fees

FindA.Sale charges an inclusive platform fee on each completed transaction, regardless of sale type (fixed-price or auction). The fee is 8% in person and 9.5% online on the SIMPLE plan and 6% in person and 7.5% online on the PRO and TEAMS plans, with a minimum of $0.75 per transaction. The fee is deducted automatically from the Organizer payout.

Auction buyer's premium. On auction items, the winning bidder pays a buyer's premium calculated as a percentage of the winning bid and charged at checkout in addition to the bid amount. The rate is 5%. It is set by FindA.Sale, is the same on every auction, and is not configurable by the Organizer. It is disclosed on the sale page and on the bid form before a bid is placed, itemized at checkout, and acknowledged by the buyer before payment; the rate charged is always the rate disclosed. The buyer's premium is separate from and additional to the Organizer platform fee described above. An Organizer may elect to absorb the buyer's premium for a given auction sale, in which case the winning bidder is charged the bid amount only.

The platform fee includes card payment processing for payments taken through FindA.Sale, so no separate processing charge is billed to the Organizer for those payments. We reserve the right to modify our fee structure with 30 days' notice to Organizers.

7. Payment Processing

FindA.Sale uses one or more third-party payment processors to process payments and payouts on the Platform, currently Square, Inc., and additional payment processors we may add. The specific processor used for a given transaction depends on how the Organizer's account is set up. By making or receiving a payment on FindA.Sale, you agree to the terms of the processor actually used for your transaction, including Square's General Terms of Service and Privacy Notice. FindA.Sale does not store full payment card information. Payment data is handled exclusively by the applicable processor's own PCI-compliant infrastructure. Purchases made before Stripe closed remain subject to the payment processor terms in effect at that time, and refunds and disputes on those purchases are handled by FindA.Sale support.

8. Prohibited Conduct

You agree not to:

• Use the Platform for any unlawful purpose
• Scrape, copy, or aggregate Platform data without written permission
• Circumvent or attempt to circumvent the payment system (e.g., off-platform cash deals)
• Create fake listings, shill bids, or manipulate ratings
• Harass, threaten, or impersonate other users
• Introduce malware, bots, or automated scripts that damage Platform performance
• Resell access to the Platform or your account credentials

9. Intellectual Property

The FindA.Sale name, logo, and Platform software are owned by FindA.Sale LLC and protected by applicable intellectual property laws. You may not use our trademarks without prior written consent.

By uploading photos or content to the Platform, you grant FindA.Sale a non-exclusive, royalty-free, worldwide license to display and promote that content in connection with the Platform.

10. Disclaimers

THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. We do not warrant that the Platform will be uninterrupted, error-free, or free of viruses.

We make no representations about the accuracy, completeness, or quality of any listing. You rely on Organizer-provided descriptions at your own risk.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FINDА.SALE LLC AND ITS MEMBERS, OFFICERS, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE PLATFORM, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING FROM OR RELATED TO THESE TERMS OR YOUR USE OF THE PLATFORM SHALL NOT EXCEED THE GREATER OF (A) $100 OR (B) THE FEES PAID BY YOU TO FINDА.SALE IN THE THREE MONTHS PRECEDING THE CLAIM.

12. Indemnification

You agree to indemnify and hold harmless FindA.Sale LLC and its members, officers, and agents from any claims, losses, liabilities, and expenses (including reasonable attorneys' fees) arising from your use of the Platform, your listings or purchases, or your violation of these Terms.

13. Organizer Dispute Response

Organizers are required to respond to dispute inquiries from FindA.Sale within 48 hours of notification. Failure to respond within this window may result in automatic issuance of a refund to the buyer.

14. Governing Law & Disputes

These Terms are governed by the laws of the State of Michigan, without regard to conflict-of-law principles. Any dispute shall be resolved in the state or federal courts located in Kent County, Michigan, and you consent to personal jurisdiction in those courts.

14a. Refund & Dispute Policy

Disputed purchases must be reported to support@finda.sale within 48 hours of the transaction. FindA.Sale will notify the Organizer and require a response within 7 business days per Section 13. Because the Organizer is the merchant of record on the transaction, any refund is issued by the Organizer directly through their connected payment processor account (currently Square). FindA.Sale does not hold or control the funds and cannot issue a refund on the Organizer's behalf. If the Organizer confirms fraud or material misrepresentation and does not resolve it, FindA.Sale may suspend the Organizer's account. Buyers who file chargebacks with their card issuer before contacting FindA.Sale support may have their accounts suspended.

14b. Chargebacks

If a buyer disputes a charge with their card issuer, the dispute is filed directly against the Organizer's connected payment processor account (currently Square), and the Organizer bears any resulting chargeback or dispute fee. The fee amount is set by the applicable payment processor, not by FindA.Sale, and will be disclosed to the Organizer through that processor's own terms and dashboard rather than a fixed amount stated here. The Organizer is responsible for responding to the dispute directly through the applicable processor's dashboard within that processor's deadlines. FindA.Sale does not absorb chargeback costs and does not manage or respond to disputes on the Organizer's behalf. Organizers who maintain chargeback rates exceeding 0.5% may have their accounts reviewed or suspended.

14c. Identity Verification

Before receiving payouts, organizers must complete the identity verification (KYC) process required by the payment processor their account uses, currently Square's own account verification process. FindA.Sale does not control the processor's KYC decisions. Payouts are subject to the applicable processor's own terms of service (Square's General Terms of Service ) and may be withheld by that processor for any reason consistent with its own policies.

14d. Tax Reporting (1099-K)

Organizers who receive payments through FindA.Sale may receive IRS Form 1099-K from the applicable payment processor (currently Square; Organizers with earlier Stripe transactions may also receive one from Stripe) if those transactions meet applicable reporting thresholds. Organizers are solely responsible for all federal, state, and local income tax reporting and payment obligations. FindA.Sale does not provide tax advice.

14e. Copyright / DMCA

FindA.Sale respects intellectual property rights. If you believe content on FindA.Sale infringes your copyright, please review our DMCA Policy for instructions on submitting a takedown request. Users who repeatedly infringe copyrights will have their accounts terminated.

15. Dispute Resolution and Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

Any dispute, claim, or controversy arising out of or relating to these Terms or the use of FindA.Sale shall be resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, rather than in court, except that you may assert claims in small claims court if your claims qualify.

The Federal Arbitration Act governs the interpretation and enforcement of this arbitration agreement. The arbitration will be conducted in Kent County, Michigan.

Class Action Waiver: You and FindA.Sale agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding.

You may opt out of this arbitration agreement by sending written notice to legal@finda.sale within 30 days of first using FindA.Sale.

16. Changes to These Terms

We may update these Terms at any time. When we do, we will post the revised Terms with an updated effective date. Continued use of the Platform after the effective date constitutes acceptance of the revised Terms. We will provide 14 days' advance notice of material changes via email to registered users.

17. Contact

Questions about these Terms? Contact us at support@finda.sale.