Seller's Access and Use of the Service
Sellers are solely responsible for the quality, safety, legality, or appropriateness of any product displayed on the Site or through the Services, the truth or accuracy of descriptions, availability of products, and your ability to deliver their products. To maintain such access to the Site and Service, Sellers must adhere to the terms and conditions set forth herein (as amended from time to time, the “Seller Policy”) when using the Services. This Seller Policy is a part of and is hereby incorporated into our Terms of Service. By using any of our Services, including by registering for a Seller account through Rooted and/or by selling on Rooted you acknowledge that you have read, understood, and expressly agree to adhere to and be bound by the terms of this Seller Policy, as well as the Terms of Service. If you are registering for a Rooted Seller account or using the Services as a Seller on behalf of an entity or other organization, then you are agreeing to this Seller Policy for that entity or organization and representing to Rooted that you have the authority to bind that entity or organization to this Policy (and, in which case, the terms "you" and, "your" and "Partner" will refer to that entity or organization). Capitalized terms used, but not defined, herein will have the meaning set forth in the Terms of Service.
We reserve the right, at our sole discretion, to change or modify portions of this Seller Policy at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these terms were last revised. We will also notify you of any material changes, either through the Services user interface, in an email notification or through other reasonable means. Any such changes will become effective no earlier than thirty (30) days after they are posted, except that changes addressing new functions of the Services or changes made for legal reasons will be effective immediately. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Seller Policy. You should periodically visit this page to review the current Seller Policy so you are aware of any revisions. If you do not agree to abide by these or any future Seller Policy, you will not access, browse, or use (or continue to access, browse, or use) the Service for the purposes of any sale, promotion, or for otherwise making your products available through the Service.
Violations of this Seller Policy or the Terms of Service or other failure to adhere to Rooted Seller standards may result in suspension or termination of your Rooted account. For the avoidance of doubt, Rooted at all times reserves the right to terminate your account for any reason at any time, in addition to any other legal rights or remedies it may pursue at law or in equity.
Code of Conduct
Rooted expects all of our users to treat one another with respect. Sellers bear the additional responsibility of ensuring that all business conducted through the Service is done in a highly professional manner, such that all Buyers and other users can expect a positive customer experience when using the Service. These standards include, at a minimum, maintaining prompt, reliable and effective communications with Buyers and protecting any personal information collected from Buyers.
Seller Conduct: Sellers are solely responsible for all of the code, video, images, information, data, text, software, music, sound, photographs, graphics, messages and other materials ("content") you make available to or through Rooted or to users, including by uploading, posting, publishing or displaying or email or other use via the Service (hereinafter, "upload"). The following are examples, but not an exhaustive list, of the kinds of content, conduct, and behavior that is prohibited by Rooted, and Sellers represent and warrant that they will not use the Service to upload content or engage in conduct or behavior that:
- violates our Anti-Discrimination Policy herein
- violates the intellectual property rights of others or Rooted, including as set forth in the Terms of Service
- is threatening, harassing, abusive, intimidating, false, inaccurate, deceptive, misleading, defamatory, or trade libelous
- is fraudulent or involves the sale of illegal, counterfeit or stolen items
- makes unsolicited advertisements or promotions, or is spam
- discloses private information
- operates to facilitate or complete a transaction that evades Rooted's checkout process
- links to or references information about goods or services offered outside of Rooted
- makes impermissible or prohibited product claims, including without limitation that any non-drug product listed is intended to be used for the diagnosis, treatment, cure or prevention of a disease
- offers for sale or sells any drugs or other products requiring a prescription
- is obscene, pornographic, or violent
- promotes or furthers any criminal activity
- sexualizes persons under the age of 18
- violates the Prohibited Products Policy herein
- otherwise violates this Seller Policy, the Terms of Service, or applicable law, regulations or ordinances.
Rooted reserves the right to investigate and take appropriate legal action against anyone who, in Rooted's sole discretion, violates this provision, including without limitation removing the offending content from the Service, suspending or terminating the account of such violators and reporting violators to law enforcement authorities.
Advertising and Marketing
To promote the growth and success of our Sellers' businesses, Rooted allows Sellers to engage in marketing and advertising, including promotions, and to otherwise upload their own content and information regarding products, through the Services. All advertising, marketing, and promotions conducted by Sellers through the Services must comply with this Seller Policy and the Terms of Service. Rooted reserves the right to modify the Seller Policy at any time, in accordance with the Terms of Service, as noted above.
Subject to the obligations set forth herein and in the section titled “User Conduct” in the Terms of Service, Sellers may upload advertising and marketing materials, including promotional offers, for the business Sellers conduct through the Services. Sellers must not upload, reference, or link to any material regarding products or services that are not offered on the Service or any third-party products.
It is solely the Seller's responsibility to ensure that any marketing and advertising materials uploaded to the Site are truthful, accurate, not misleading, reliable, and in compliance with applicable law, regulations and ordinances. Seller represents and warrants that the products listed or offered for sale through the Service will be in materially the same condition, quality and character as described in any Seller listing or otherwise conveyed or communicated to the Buyer. The display of any such advertising or marketing on the Site does not constitute Rooted’s endorsement of any Seller or product. Rooted assumes no responsibility for the accuracy, labeling, or content of your listings. Sellers may not use Rooted’s intellectual property, including its brand, logo or likeness in their own marketing, advertisements or promotions, without obtaining the prior written consent of Rooted.
Sellers may offer discounts, product giveaways (e.g., buy one get one free), coupons and other similar promotions for their own products; provided that such promotions comply with all applicable laws, regulations, and ordinances, including without limitation those enforced by the U.S. Federal Trade Commission, and state consumer protection laws and regulations (“Consumer Protection Laws”). It is the sole responsibility of the Seller to ensure any promotions comply with all applicable laws and regulations, including Consumer Protection Laws, this Seller Policy and the Terms of Service. Sellers must effectively communicate to Buyers and other users any applicable terms, conditions and limitations of promotions.
Rooted is not obligated to display advertisements or marketing for, or promote the business of, any Seller, and we reserve the right to remove any advertising, marketing, or promotional content that we deem, in or sole discretion, to violate the Terms of Service; to be false or misleading; to violate the rights, including the intellectual property and privacy rights, of Rooted, any of our users, or any third party; or is otherwise objectionable.
Rooted strives to maintain a Service that is safe and inclusive for all users. To that end, we have a zero-tolerance policy for conduct that threatens the safety or dignity of others. Conduct that violates this Seller Policy includes without limitation, discrimination against any persons on the basis of their race, national origin, ethnicity, color, religion, gender, gender identity, sexual orientation, disability or any other characteristic protected under federal, state or local law (“Protected Persons”). Harassment, threats, or hate speech, such as the use of slurs or offensive or derogatory language concerning or directed toward any Protected Person, and the refusal of services or sales to any Protected Person is strictly prohibited.
Rooted reserves the right to deny Sellers access to the Services and/or to remove any content that we, in our sole discretion, deem to violate any applicable law, this Seller Policy or our Terms of Service.
From time to time, Rooted may decide to monitor or audit your Seller account and the products listed or offered for sale by you, and reserves the right, in our sole discretion, to do so if we so choose. In no way does this obligate Rooted to conduct any such audit or relieve you of any of the obligations of the Terms of Service, this Seller Policy, or any other policies for using the Service, or of the requirements of any applicable laws, regulations, ordinances, or statutes to which you must adhere, including without limitation with respect to the products.
You understand and agree that Rooted may, in our sole discretion, suspend or terminate your Rooted account for any reason at any time and pursue any other legal rights and remedies to which we may be entitled at law or in equity, including as a result of any monitoring or audit we may conduct. Rooted also has the right, in our sole discretion, but not the obligation to, remove any product from the Site, contact you for more information about the products, or take any other actions depending on the situation.
Sellers must maintain and conspicuously display current and accurate contact information on the Site. This includes the Seller's business name, email address, phone number to receive questions, complaints, reports, claims, or other communications, and physical address for the business. The contact information provided must be reliable, such that users and Buyers can utilize the information to reach a live representative of the business within a reasonable time period.
Sellers must not conceal or misrepresent their identity in any way, including by creating false accounts, impersonating accounts, or misrepresenting an affiliation with any other person.
It is the sole responsibility of the Seller to ensure that any products offered or sold through the Site comply with appliable federal, state and local laws, regulations and ordinances, including without limitation, such laws, regulations and ordinances applicable to flowers, plants, flower-related products, produce and other food products. The laws, regulations and ordinances applicable to the Seller and its products are dependent on, and may vary widely between, the jurisdiction(s) in which the Seller transacts business and to which the products are marketed, sold and/or shipped. Seller agrees that it is Seller’s sole responsibility to be aware of and comply with all such laws, regulations and ordinances.
For the avoidance of doubt, the following are examples, but not an exhaustive list of prohibited products:
- Animals and livestock
- Hazardous materials, as identified by the U.S. Consumer Products Safety Commission or other federal, state, or local regulatory body
- Patented plants
- Plants regulated under the Plant Variety Protection Act and Plant Variety Protection Regulations
- Illegal or highly regulated plants and drugs, including without limitation, cannabis, opium poppies and psychedelic mushrooms
- Illegal or banned substances under applicable law, or any products that contain illegal, impermissible, or hazardous ingredients or substances
- Invasive or noxious plants, as defined by any applicable jurisdiction (see USDA Plants Database)
- Plants on the federal Endangered Species List
- Products that are adulterated or misbranded under applicable law, including without limitation under the U.S. Food and Drug Administration or other federal regulatory body
- Products that are intended, offered or advertised for an illegal purpose or use
- Products that are unsafe, unsanitary, or of unmerchantable condition, and unfit for the particular purposes for which they are sold, including without limitation human consumption, as applicable
Sellers represent and warrant that you possess the licenses, permits, or other approvals required, as determined by all applicable federal, state or local jurisdictions, to lawfully engage in the possession, sale and shipment of flowers, plants, flower-related products, produce and other food products.
Rooted may, but is not required to, monitor or investigate any product that Sellers offers for sale and/or have sold on the Site, at any time, for compliance with this Seller Policy, the Terms of Service, and applicable laws and regulations. Rooted may remove the product and/or suspend or terminate the account of any Seller who we, in our sole discretion, determine to be in violation of this Seller Policy, or any law or regulation applicable to any product offered through the Services.
Product Safety Issues and Recalls
Sellers are solely responsible for implementing, carrying out, and monitoring product recalls for their products and monitoring and reporting any product safety issues as may be necessary. Sellers must immediately notify Rooted of a product safety issue or a recall affecting any of the products Sellers offer for sale and/or have sold on the Site and remove any such affected products from the Site. Sellers are solely responsible for undertaking any responsive and/or corrective actions in connection with the product safety issue or recall, including as required by applicable law, including notifying all affected Buyers and other users. Rooted reserves the right to take down from the Site any products subject to a recall or otherwise stop all impacted product offerings. We may also contact Buyers, and you agree that we have the right but not the obligation to do so, that purchased such products to inform the Buyers of the recall, but Sellers retain ultimate responsibility for ensuring Buyers and other users are promptly informed and offered adequate recourse in the event of a recall or other product safety issue.
Rooted is a Service: You are responsible for all business you transact through the Services, including order fulfillment. Rooted is not the seller or merchant of record and bears no responsibility for the business Sellers transact or the products Sellers sell through the Services, including payments for product, product packaging and product shipping.
Payment Processing: Rooted assumes no liability or responsibility for any payments made through the Service. Notwithstanding any amounts owed to Rooted as set forth in theTerms of Service, Rooted does not process payments for any services. Sellers must adhere to the Terms of Service and any and all terms and conditions of Rooted’s third-party payment processor, Stripe, with respect to all payment processing in connection with any sale.
To provide a consistent, quality experience for our users, Sellers are expected to adhere to the following minimum standards when making transactions:
- Provide an accurate “ships from” address
- Charge a reasonable shipping or delivery fee to cover the costs of packaging, mailing, and delivery expenses as applicable
- Ship or deliver items no later than 30 days from the date of purchase, unless otherwise disclosed and agreed to by the Buyer
- Comply with all applicable local and international shipping and customs regulations
- Notify the Buyer that the order has been shipped
SEE “PAYMENT PROCESSING” SECTION OF THE TERMS OF SERVICE FOR FURTHER INFORMATION.
Sales are Binding: All sales made through the Service are binding. Sellers must ship the order or otherwise complete transactions with a Buyer in a reasonably prompt manner absent exceptional circumstances, such as the Buyer's failure to make payment or the inability to verify the identity of a Buyer.
Returns and Refunds: Sellers are encouraged to adopt their own policies regarding product returns and/or refunds. Sellers are solely responsible for ensuring such policies comply with all applicable laws and regulations, including Consumer Protection Laws. Rooted is not responsible for any product returns or refunds.
No Fee Avoidance: Sellers must not avoid fees, including by charging excessive handling fees or altering the price of an item after making a sale or by directing a user away from Rooted's site to an unaffiliated platform.
Sellers' Legal Compliance
You must comply with all applicable domestic and international laws, statutes, ordinances, and regulations with respect to your business operations, the products you list for sale, and related uses of the Service, including without limitation in connection with the development, growth, manufacturing, processing, handling, packaging, labeling, advertising, promotion, required labeling, warnings, or instructions, sale, taxes, shipping, cancellations, returns, and product safety requirements, and any other laws, statutes, ordinances and regulations regarding use of the Services, including without limitation, laws governing anti-discrimination, consumer products, export control, false advertising and unfair competition. You must not use the Services for any unlawful or unauthorized purpose, or use the Service in a way that violates any applicable law.
Seller policies for Buyers must not contravene this Seller Policy, the Terms of Service, including any documentation or other policies incorporated therein, or any applicable law. The Terms of Service control in the event there is any conflict between a Seller's individual terms and the Terms of Service. Sellers bear sole responsibility for implementing and enforcing any permissible Seller policy adopted.
Sellers are solely responsible for resolving disputes with Buyers and other users, including disputes concerning Sellers’ business and products. You agree that you are solely responsible for your interactions with any other user in connection with the Service, and Rooted will have no liability or responsibility with respect thereto. Rooted reserves the right, but has no obligation, to become involved in any way with disputes between Sellers and Buyers, or any other user of the Service. Rooted may, in its sole discretion, try to help resolve disputes between Sellers users. Any attempt Rooted makes to resolve disputes will be done in good faith and in accordance with Rooted’s policies, this Seller Policy and the Terms of Service, including any documentation or other policies incorporated therein. Rooted does not offer legal advice nor will we make any judgment concerning legal issues or claims.
PLEASE ALSO REFER TO THE TERMS AND CONDITIONS OF THE TERMS OF SERVICE, WHICH ARE INCORPORATED IN THIS SELLER POLICY BY REFERENCE, INCLUDING, BUT NOT LIMITED TO, THE “INDEMNITY AND RELEASE”; “LIMITATION OF LIABILITY; RELEASES” AND THE “ARBITRATION AGREEMENT AND CLASS ACTION WAIVER” SECTIONS, WHICH, AMONG OTHER THINGS, LIMIT ROOTED’S LIABILITY AND PROVIDE A RELEASE TO ROOTED IN THE EVENT OF CERTAIN DISPUTES ARISING IN CONNECTION WITH THE SERVICE AND ANY PRODUCTS OFFERED THROUGH THE SERVICE; AND PROVIDES FOR DISPUTE RESOLUTION BETWEEN SELLER AND ROOTED THROUGH BINDING ARBITRATION.
Questions? Concerns? Suggestions?
Please contact us at email@example.com to report any violations of this Seller Policy or to pose any questions regarding this Seller Policy or the Service.