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RBF should be assumed by default.

All transactions can be replaced until included in a block, RBF flag just tells ethical miners it's ok to replace the TX.
Individual miners are not to be considered ethical in bitcoin. Don't trust miners not to RBF even without the RBF flag.

What kind of moronic point of sale consider transaction with RBF flag as valid as those without?
Transaction should not be considered confirmed before they receive a confirmation (block inclusion).

are you a BTC accepting merchant yourself?