Terms and Conditions
Effective Date: August 19, 2026
Last Updated: August 19, 2026
Company: PlantedCollection [Cheyennah deVilleneuve]
Website/App: www.plantedcollection.com
1. Acceptance of Terms
These Terms and Conditions ("Terms") govern your access to and use of www.plantedcollection.com, related web or mobile applications, and any associated services, marketplace tools, live selling features, content, and functionality (collectively, the "Platform") operated by PlantedCollection [Cheyennah deVilleneuve] ("Company," "we," "us," or "our").
By accessing or using the Platform, you agree to be bound by these Terms. If you do not agree, do not use the Platform.
2. Nature of the Platform
The Platform is a live selling marketplace that allows buyers to discover, claim, purchase, and interact with independent third-party sellers ("Sellers"). Sellers may offer live plants, cuttings, propagations, plant accessories, plant care products, handmade goods, and other approved items.
Unless explicitly stated otherwise, the Company is not the seller of record for listings created by Sellers and does not grow, source, own, inspect, quarantine, warehouse, certify, package, ship, or take possession of Seller-listed products.
Each Seller is solely responsible for:
- its listings,
- live sale statements and claims,
- product descriptions,
- pricing,
- advertising claims,
- inventory accuracy,
- plant identification and condition,
- packaging,
- weather-related shipping judgment,
- compliance with agricultural and plant movement restrictions,
- shipping,
- delivery,
- delays,
- returns,
- refunds where required,
- customer support,
- taxes,
- permits,
- phytosanitary or other required documentation, and
- compliance with all applicable laws.
The Company may provide payment tools, live streaming features, messaging, promotion, trust and safety tools, or dispute processes, but doing so does not create responsibility for Seller conduct or shift Seller obligations to the Company.
3. Eligibility and Accounts
You must be at least 18 years old, or the age of majority in your jurisdiction, to use the Platform. You agree to provide accurate, current, and complete information and to keep your account information updated.
You are responsible for:
- maintaining the confidentiality of your login credentials,
- all activity under your account, and
- promptly notifying us of suspected unauthorized access.
We may suspend, restrict, or terminate accounts at our discretion for safety, fraud prevention, legal compliance, policy enforcement, or operational reasons.
4. Buyer Terms
Buyers agree to use the Platform lawfully and in good faith. Buyers understand and agree that:
- purchases are made from Sellers, not from the Company, unless explicitly identified otherwise,
- plant size, coloration, maturity, rooting, variegation, cosmetic condition, and overall health may vary from listing images or live sale presentation,
- shipping live plants involves inherent risk, including stress, breakage, rot, pests, leaf loss, delay damage, heat damage, cold damage, and transplant shock,
- product availability, legality, safety, and listing accuracy are determined by the Seller,
- shipping times, insulation choices, heat packs, cold packs, routing, and fulfillment quality are controlled by the Seller, and
- the Company does not guarantee that any listing is accurate, lawful, safe, pest-free, disease-free, authentic, merchantable, fit for a particular purpose, or delivered on time.
Buyers are responsible for reviewing listing details, live sale rules, claim procedures, Seller policies, weather warnings, and any import or destination restrictions before purchase.
5. Seller Terms
By listing, broadcasting, or selling on the Platform, each Seller represents, warrants, and agrees that:
A. Listing and Live Sale Responsibility
The Seller is solely responsible for all listings, live sale descriptions, photographs, videos, plant claims, pricing, representations, warranties, instructions, disclosures, warnings, and statements related to products or services offered.
B. Plant Accuracy and Condition
The Seller is solely responsible for accurately identifying species, cultivar, hybrid status, size, rooting status, maturity, defects, known pest history, known disease issues, and any material condition affecting the item sold.
C. Inventory and Fulfillment
The Seller is solely responsible for maintaining accurate inventory, honoring accepted claims and purchases, packaging items appropriately for live arrival, shipping orders on time, providing valid tracking where applicable, and resolving non-delivery, damage, delay, or fulfillment issues.
D. Shipping Judgment and Risk Management
The Seller is solely responsible for deciding whether an item can be shipped safely based on weather, carrier conditions, destination, transit timing, insulation needs, and the nature of the item. If a shipment requires delay, upgraded shipping, seasonal holds, heat packs, cold packs, or special handling, the Seller bears responsibility for managing and communicating that process.
E. Product Legality and Agricultural Compliance
The Seller is solely responsible for ensuring that each listed item is lawful to advertise, sell, transport, import, export, possess, and deliver in every applicable jurisdiction. The Seller must comply with all applicable agricultural, invasive species, plant pest, plant quarantine, consumer protection, labeling, environmental, wildlife, and shipping laws and restrictions.
F. Seller-Customer Relationship
The Seller is solely responsible for customer service, order issues, plant condition questions, DOA or live arrival claims, product questions, complaints, post-sale support, recalls, and all representations made to buyers.
G. Taxes and Business Compliance
The Seller is solely responsible for determining, collecting, reporting, and remitting any taxes, duties, permit fees, licensing obligations, or other governmental charges arising from its business or sales, except where applicable law requires the Company to collect or remit certain amounts.
H. Returns, Refunds, Chargebacks, and Claims
The Seller bears full responsibility for returns, exchanges, refunds, dead-on-arrival claims, item-not-as-described claims, damaged items, shipping claims, chargebacks attributable to the Seller's conduct, and all losses arising from inaccurate listings, prohibited items, poor packaging, noncompliance, or failure to fulfill.
I. Indemnity to Company
The Seller agrees to defend, indemnify, and hold harmless the Company and its affiliates, officers, directors, employees, contractors, and agents from any claims, losses, liabilities, damages, penalties, fines, costs, and expenses, including reasonable attorneys' fees, arising out of or related to:
- the Seller's listings, live sale conduct, products, services, or business practices,
- death, injury, illness, infestation, contamination, property damage, or economic loss caused by the Seller or the Seller's products,
- product defects or safety issues,
- pest transmission, disease transmission, or quarantine violations,
- inaccurate listings or misleading claims,
- breach of law,
- tax matters,
- intellectual property claims,
- privacy or data misuse,
- recalls, seizures, agricultural holds, or regulatory actions, or
- disputes between the Seller and any buyer or third party.
6. Live Sale Rules
The Platform may allow Sellers to host live sales, previews, auctions, claim-based sales, timed drops, or related events. By using those features:
- Sellers are solely responsible for clearly stating claim rules, pricing, shipping terms, payment deadlines, combined shipping practices, cancellation terms, and claim priority rules.
- Buyers are responsible for understanding the Seller's live sale format before making a claim or purchase.
- The Company may record, review, moderate, remove, or restrict live sale content at its discretion.
- The Company is not responsible for missed claims, comment lag, stream interruption, misheard claims, technical failures, or disputes about claim order unless applicable law requires otherwise.
7. Prohibited Items and Conduct
Users may not post, buy, sell, or distribute through the Platform any item or content that:
- violates any law or regulation,
- infringes intellectual property or privacy rights,
- is fraudulent, misleading, deceptive, or unsafe,
- contains prohibited, invasive, diseased, or unlawfully transported plant material,
- contains malware or harmful code,
- promotes violence, exploitation, hate, or harassment,
- involves stolen goods, counterfeit goods, or unauthorized replicas, or
- is prohibited by our policies or by a payment processor, shipping provider, or applicable authority.
We reserve the right to remove listings, restrict categories, require documentation, issue warnings, delay payouts, suspend accounts, or cooperate with authorities where necessary.
8. Orders and Transactions
An order, claim, or purchase made by a buyer is an offer to purchase from the Seller. Once accepted or processed, the Seller is responsible for completing the transaction in accordance with the listing, the live sale terms communicated by the Seller, and applicable law.
We may, but are not obligated to:
- cancel or limit transactions,
- hold, delay, or reverse payouts,
- issue provisional refunds,
- request additional verification,
- remove listings,
- intervene in disputes, or
- take other actions to protect users, the Platform, or third parties.
Any such action does not make the Company responsible for the underlying transaction.
9. Fees, Payouts, and Payment Processing
Sellers agree to pay all applicable platform fees, payment processing fees, advertising fees, refund-related charges, chargeback-related charges, reserve amounts, and any other fees disclosed by the Platform.
We may withhold, offset, delay, claw back, or condition payouts where reasonably necessary for:
- fraud prevention,
- dispute resolution,
- returns or refunds,
- chargebacks,
- policy enforcement,
- legal compliance,
- risk review, or
- outstanding balances owed to us.
Sellers remain liable for all negative balances and reimbursement obligations.
10. Returns, Refunds, and Disputes
Because the Platform hosts independent Sellers, return and refund outcomes may depend on the listing, the Seller's stated policy, live sale disclosures, the facts of the order, and applicable law.
However, each Seller remains solely responsible for:
- honoring representations made in listings and live sales,
- complying with mandatory refund and return laws,
- responding to buyer complaints promptly,
- resolving dead-on-arrival or damaged-on-arrival claims,
- resolving item-not-as-described claims,
- resolving shipping delay, packaging, or plant-health complaints, and
- bearing the cost of Seller-caused errors or noncompliance.
The Company may facilitate dispute handling, but has no obligation to resolve disputes in favor of either party and is not liable for Seller performance.
11. Intellectual Property
The Platform, including its software, branding, design, text, graphics, live sale tools, and functionality, is owned by or licensed to the Company and is protected by law.
Users retain ownership of content they submit, but grant the Company a worldwide, non-exclusive, royalty-free license to host, use, reproduce, display, adapt, distribute, and promote such content for operating, improving, and marketing the Platform.
Each Seller represents that it has all rights necessary to use and authorize the use of listing content and products offered for sale.
12. Privacy and Data Use
Your use of the Platform is also governed by our Privacy Policy.
Sellers who receive buyer information through the Platform may use it only as necessary to complete and support Platform transactions or as otherwise permitted by law and our policies. Sellers are independently responsible for their own privacy compliance, data security, disclosures, and misuse of personal information.
13. Disclaimer of Warranties
THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR THAT THE PLATFORM WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ALL RESPONSIBILITY FOR:
- SELLER PRODUCTS,
- LIVE SALE CLAIMS OR STATEMENTS,
- LISTING ACCURACY,
- PRODUCT QUALITY,
- PRODUCT SAFETY,
- PRODUCT AUTHENTICITY,
- PEST OR DISEASE STATUS,
- LEGAL COMPLIANCE,
- SHIPPING,
- DELIVERY,
- WEATHER-RELATED LOSS,
- RETURNS,
- REFUNDS,
- SELLER STATEMENTS, AND
- THE ACTS OR OMISSIONS OF USERS OR THIRD PARTIES.
14. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, BUSINESS OPPORTUNITY, OR REPUTATION, ARISING OUT OF OR RELATED TO THE PLATFORM OR THESE TERMS.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY'S TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE PLATFORM OR THESE TERMS WILL NOT EXCEED THE GREATER OF:
- THE AMOUNT PAID BY YOU TO THE COMPANY IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR
- $100 USD.
SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
15. Release
To the fullest extent permitted by law, users release the Company from claims, demands, and damages arising out of disputes between buyers and Sellers, including disputes relating to plant condition, health, pest issues, shipping, fulfillment, legality, returns, refunds, chargebacks, or misrepresentations.
16. Indemnification
You agree to defend, indemnify, and hold harmless the Company and its affiliates, officers, directors, employees, agents, and contractors from and against any claims, liabilities, damages, judgments, losses, costs, and expenses, including reasonable attorneys' fees, arising from:
- your use of the Platform,
- your content,
- your violation of these Terms,
- your violation of law, or
- your infringement of any rights of a third party.
If you are a Seller, this indemnity applies in addition to the Seller-specific indemnities in these Terms.
17. Termination
We may suspend or terminate access to the Platform, remove listings, cancel transactions, or withhold services or payouts at any time where we believe it is necessary for security, risk management, policy enforcement, legal compliance, fraud prevention, or protection of the Platform and its users.
Sections that by their nature should survive termination will survive, including payment obligations, indemnities, disclaimers, limitations of liability, dispute provisions, and records-related terms.
18. Governing Law and Disputes
These Terms are governed by the laws of the jurisdiction selected by the Company, without regard to conflict of laws principles.
Any dispute arising out of or relating to these Terms or the Platform will be resolved exclusively in the courts selected by the Company, unless applicable law requires otherwise.
If you want, this section should ideally be customized by a lawyer with your actual state and venue before publishing.
19. Changes to These Terms
We may modify these Terms at any time. Updated Terms become effective when posted, unless a later date is stated. Your continued use of the Platform after the effective date of revised Terms constitutes acceptance of the updated Terms.
20. Contact
PlantedCollection [Cheyennah deVilleneuve]
PlantedCollectionServices@gmail.com