Prohibited Items Policy

This policy is a part of our Terms of Use. By opening a Baphomart shop, you’re agreeing to this policy and our Terms of Use.

We tend to allow items that have educational, historical or artistic value, but we know that even those items are subject to a variety of valid and sometimes conflicting interpretations and emotional responses.  Art and history can be provocative, controversial, emotional, and often divisive. There are some topics on which we may never reach a consensus as a community, and that is ok.

We reserve the right to remove listings that we determine are not within the spirit of Baphomart. Violating this policy may result in the member’s selling privileges being suspended and/or terminated.

Alcohol, Tobacco, Drugs, Drug Paraphernalia, and Medical Drugs

Alcohol and drugs are prohibited on Baphomart. These substances face serious legal restrictions and in many cases are considered controlled substances under applicable law. Our policy also applies to other substances that have or are claimed to have an intoxicating effect.

The following are examples of items that may not be sold on Baphomart:

• Alcohol.
• Tobacco products, smokeable products, e-cigarettes and e-liquid.
• Drugs and certain herbal substances, including substances used for recreational and medicinal purposes, regardless of their legality.
• Medical drugs, regulated medical devices, and pharmaceuticals.

Restrictions on descriptions of purported health benefits:

A medical drug claim is statement or suggestion that an item prevents, heals, or treats a medical condition or disease. Medical drug claims are subject to varying degrees of regulation. If you make claims about the purported health benefits of an item for sale on Baphomart, we urge you to speak with a qualified expert about which regulations apply to you. It is your responsibility to know and comply with all laws and regulations that apply to the items you sell.

Baphomart prohibits certain medical drug claims based on our values, such as claims likely to deceive or pose an unreasonable risk to our community. Baphomart may remove claims that we deem to be inappropriate, excessive, or otherwise unsuitable for our marketplace. We also remove content that promotes prohibited medical claims, such as anti-vaccine items. If Baphomart receives proper notice from a legal authority, we may remove an item. You can find more information on prohibited medical drug claims here.

Examples of What is Allowed:

• Beer brewing kits
• Baked goods containing alcohol
• Hookahs
• Tobacco pipes
• Empty alcohol bottles and items made from them

Animal Products and Human Remains

Certain animal products are highly regulated and prohibited on Baphomart due to the risk of harm to live, companion, or endangered animals.

In most countries the sale and possession human remains is restricted, however in the United Kingdom, human bones fall under the “no property rule” in common law, meaning they belong to who is in possession of them. In other jurisdictions, you may require proof of their provenance. It is your responsibility to consult with a legal representative to ensure your sales are legal and restricted to locations that allow such trade.

The following are examples of animal products that may not be sold on Baphomart:

• Live animals.
• Items created using any endangered or threatened animal species. We define these as animal species designated as threatened or endangered.
• Items made from cat and dog parts or pelts.
• Ivory or bones from ivory-producing animals, including tusks, elk ivory, fossilised ivory and woolly mammoth ivory.
• Items made from historically unprovenanced human remains, except for teeth, fingernails, and hair.
• Any historical items believed to have been looted or stolen.

Examples of What is Allowed:

• Non-Ivory Animal Bones and Antlers
• Taxidermy
• Decommissioned dentistry
• Medical Anatomy
• Medical specimens
• Leather Goods
• Textiles Made from Animal Hair
• Human Teeth or Hair

We expect all of our members to follow their local laws. If you are delivering items across international borders you should also consult CITES for specific information about importing and exporting species that may be threatened. If you sell products containing feathers, you should also consult the Migratory Bird Treaty Act.

Dangerous Items: Hazardous Materials, Recalled Items and Weapons

For safety and legal reasons, we prohibit certain dangerous items from our marketplace.

Hazardous Materials

Due to the potential harm caused by hazardous materials, as well as complex legal and delivery regulations surrounding such materials, hazardous materials are prohibited on Baphomart.

While not exhaustive, the following materials are examples of prohibited hazardous materials:

• Explosives (fireworks or sparklers)
• Explosive precursors
• Flammable items
• Gases
• Radioactive material
• Toxic substances (such as poisons)

Recalled Items or Items that Present Unreasonable Risk of Harm

Items that have been recalled by governments or manufacturers are prohibited from being sold on Baphomart.

Items that present an unreasonable risk of harm are prohibited, even if they have not been the subject of a recall. This would include, for example, items that present a choking hazard. We generally rely on information from various government agencies to identify these items.

Weapons

Context matters when it comes to defining what is or is not a weapon. When in doubt, it’s safe to assume that we won’t allow any item intended to be used as a weapon to inflict harm. The following items are generally not allow on Baphomart:

• Guns, knives, or other blatant weapons, even if they are vintage.
• Imitation firearms and weapons that look real or are

Examples of What is Allowed:

• Culinary knives or other knives used as tools
• Letter openers
• Toy slingshots
• Non-harmful toy guns

Hate Items: Items that Promote, Support or Glorify Hatred

We want Baphomart to be a community where people of all backgrounds, nationalities, religions, political affiliations and even different types of artistic taste and humour feel welcome. Art is incredibly subjective, and what is offensive to one is not necessarily offensive to others.

Baphomart does not allow items or listings that promote, support or glorify hatred towards people or otherwise demean people based upon: race, ethnicity, national origin, religion, gender, gender identity, disability, or sexual orientation (collectively, “protected groups”). We also prohibit items or content that promote organisations or people with such views.

The following items are not allowed on Baphomart:

• Items that support or commemorate current or historical hate groups, including propaganda or collectibles. Examples of hate groups include Nazi or Neo-Nazi groups, Ku Klux Klan (KKK) groups, white supremacist groups, misogynist groups, or groups that advocate anti-gay, anti-immigrant, or Holocaust denial agendas.
• Items that contain racial slurs or derogatory terms in reference to protected groups.

Examples of What is Allowed:

Some items may contain symbols or terms associated with hate groups in a context unrelated to the group itself. We understand that these items are subject to a variety of valid and often conflicting interpretations of their educational, historical and artistic value. Recognising that there may be no consensus on their value and reserving the right to evaluate such items on an individual, case-by-case basis, the following types of items are generally allowed on Baphomart:

Co-opted symbols, such as the swastika, when used in peaceful or religious context (often in Hinduism, Buddhism, and Jainism). The item itself must possess features that clearly depict its cultural or religious origin or purpose.

A note on swastikas: We are sensitive to the fact that there are many cultures throughout the world which use the swastika for legitimate purposes completely independent of Nazism. However, due to the widespread recognition of the Nazi swastika as a hate symbol, we have decided to only allow swastikas when part of a clear religious or cultural context.

Example: Vintage Buddhist Swastika PendantExample: Buddhist Swastika NecklaceExample: Tunic with Spiritual SymbolsExample: Hindu Brass Sculpture

Items that use idiomatic expressions that include the word “nazi”, such as “grammar nazi”

Example: Grammar “Nazi” Print

Items denouncing or mocking groups or historical figures that have a history of organised, targeted violence against protected groups

Illegal Items, Items Promoting Illegal Activity and Highly Regulated Items

Illegal items, items that promote illegal activity, and stolen items are not allowed on Baphomart. Neither are certain items that are subject to complex legal regulations or registration systems. It’s important to abide by the laws of the markets in which you are selling. What is legal in one country may be illegal in another. All forms of illegal activity are strictly prohibited. Listings may not facilitate or promote illegal acts.

Counterfeit or unauthorised items are prohibited. We consider counterfeit or unauthorised goods to be items that imitate an authentic good, particularly by using a brand’s name, logo, or protected design without the brand owner’s consent. Examples of prohibited counterfeit or unauthorised goods include replica luxury bags and branded apparel.

Additionally, due to complex legal restrictions that vary by location, Baphomart does not permit the sale of real estate, housing, or motor vehicles (for example: automobiles, motorcycles, boats, travel trailers, etc.).

We require sellers to follow all applicable laws for the items they list. Examples of items which may be subject to regulation include plants and seeds, children’s products, and food products.

Internationally Regulated Items

When buying and selling internationally, you should comply with your local laws and be aware that other countries may have their own restrictions. You might be prohibited from exporting or importing certain items under international laws and regulations. Some transactions may require licences, permits, or other documentation. If you have questions about how to comply with the law, we recommend that you speak to a qualified professional.

When you use Baphomart’s services, you are also responsible for complying with economic sanctions and trade restrictions. All Baphomart members must comply with our Sanctions Policy, regardless of their location.

Baphomart reserves the right to request that sellers provide additional information, disclose an item’s country of origin in a listing, or take other steps to meet compliance obligations.

You should be aware that third-party payment processors, such as Stripe or PayPal, may independently monitor transactions for sanctions compliance and may block some transactions as part of their own compliance programmes. Baphomart has no authority or control over the independent decision-making of these providers.

Examples of What is Allowed:

Sanctions or compliance programmes may have certain exceptions to their restrictions. For example, while OFAC broadly prohibits transactions involving goods that originate from sanctioned areas, there are exceptions for informational materials such as publications, films, posters, phonograph records, photographs, tapes, compact discs, and certain artworks. Items that don’t originate from a sanctioned area but make a reference to a sanctioned area are generally permitted.

Pornography and Mature Content

As a creative community, we tend to be fairly liberal about what we allow on Baphomart, but we draw the line at explicit pornography. Beyond that, we advise you to restrict or ‘cover’ mature content so that people who are offended by this kind of material don’t have to see it. If you are selling mature content, we ask that you be respectful of differing sensibilities.

Explicit pornography is prohibited on Bapomart. Although pornography can be difficult to define, an item generally qualifies as pornography when it contains extreme or explicit version of sexual content.

Mature content is allowed. We define mature content as depictions of human genitalia, sexual activity or content, profane language, sexual wellness items, violent images, and explicit types or representations of taxidermy. Not all nudity is considered mature, and examples are listed below. If you find yourself questioning whether your item is mature, then it is likely a good idea to assume that it is mature content, and you should label it as such.

When deciding whether mature content crosses over the threshold into pornography, we take into consideration the explicitness of depictions of sexual activity or content.

Examples of What is Allowed Without Restriction:

• Non-pornographic nude photography and depictions of breasts
• Non-pornographic depictions of buttocks
• Abstracted or cartoonish depictions

Violent Items: Items that Promote, Support or Glorify Violence

Violent content can be a legitimate part of historical, educational or artistic expression, however it should never be used to promote or glorify violent acts against others.  We do not allow items or listings that promote, support or glorify acts of violence or harm towards others, including credible threats of harm.

The following items are not allowed on Baphomart:

• Items that glorify human tragedies
• Items that attempt to exploit natural disasters or human tragedies
• Items that glorify or celebrate acts of violence against individuals or groups
• Items that encourage self-mutilation, starvation, self-harm of others.

Examples of What is Allowed:

• Fictional literary or artwork (such as zombies, vampires or other fictional works that tend to contain violence)
• Items that have educational, historical or artistic value
• Items that show support or bring awareness to those at risk of self-harm, including those with eating disorders
• BDSM items

We hope these guidelines are helpful, but we cannot catalogue every permitted or prohibited item. If you see something on Baphomart that appears to violate these rules, you can report it to us.

To report copyright or intellectual property infringement, please follow the instructions in Baphomart’s Intellectual Property Policy.

For all other reports, or for any questions, please contact us via the Help Centre.