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Terms of Service & Plant Disclaimers

Terms of Service & Plant Disclaimers

Last Updated: September 2026

Welcome to CactiBid. By accessing or using this website, registering as a vendor, browsing listings, or purchasing any item, you agree to be bound by the terms, conditions, and disclaimers set forth below.

1. Strict Ornamental & Horticultural Notice

All live plants, cuttings, rooted specimens, grafts, and seeds offered on CactiBid are sold strictly and exclusively for ornamental gardening, landscaping, taxonomy, botanical research, and private horticultural preservation.

  • CactiBid strictly prohibits the purchase, sale, preparation, or distribution of any specimen intended for human or animal consumption, processing, extraction, or any illicit utility.
  • Any listing, vendor note, or buyer communication implying, encouraging, or referencing ingestion, extraction, or illegal use will result in immediate cancellation of the listing and permanent ban of the associated account.

2. Permitted & Prohibited Species Policy

To ensure compliance with payment processor regulations, federal law, and agricultural guidelines, CactiBid enforces strict parameters on what botanical material may be bought or sold.

Permitted Species:

  • Legal ornamental cacti, succulents, rootstocks, and garden flora (including, but not limited to, Trichocereus / Echinopsis, Astrophytum, Gymnocalycium, Cereus, Opuntia, Ariocarpus, Copiapoa, Ferocactus, and standard nursery ornamentals).
  • True botanical seeds, non-rooted cuttings, rooted specimens, and grafting stock of permitted varieties intended solely for private cultivation.

Strictly Prohibited Botanical Items:

  • The Entire Lophophora Genus: All species, varieties, cultivars, hybrids, and seeds of the genus Lophophora (including L. williamsii, L. diffusa, L. fricii, L. koehresii, L. alberto-vojtechii, and related button-type cacti) are strictly barred. No live specimens, dried tissue, buttons, or seeds may be listed under any scientific, colloquial, or alternative name.
  • Prohibited Ethnobotanicals: Live plants, root bark, foliage, or seeds of Mitragyna speciosa (Kratom), Mimosa hostilis / tenuiflora, Psychotria viridis, Diplopterys cabrerana, Salvia divinorum, Banisteriopsis caapi, Peganum harmala, and Papaver somniferum (Opium Poppy pods, plants, or viable seeds).
  • Cannabis & Hemp: Any form of Cannabis sativa or Cannabis indica, including clones, cuttings, seeds, industrial hemp, or CBD-yielding live plants.
  • Fungi & Cultures: Any fungal cultures, live mycelium, colonized grain, liquid cultures, or mushroom spores of any species. CactiBid is strictly a vascular plant venue.
  • Consumables & Extracts: Plant teas, powders, bark shreds, dried chips, capsules, tinctures, or preparations intended for consumption.
  • Poached or CITES-Violating Flora: Specimens poached from public, federal, or tribal lands, or species traded in violation of international CITES Appendix I protections without certified documentation.

Zero Tolerance: Listings violating this policy will be deleted immediately without notice. Offending vendor accounts will be permanently terminated, and connected payment accounts will be disconnected.

3. Independent Marketplace Venue (Platform Immunity)

CactiBid operates exclusively as an online communications and technology venue connecting independent third-party sellers with private botanical buyers.

  • CactiBid is not a nursery, commercial grower, broker, or merchant of record for physical items.
  • CactiBid does not inspect, grade, warehouse, package, handle, or dispatch physical botanical specimens.
  • Every transaction constitutes an independent contract entered into solely between the buyer and the vendor.

4. Direct Payments & Gateway Terms

Payments on CactiBid are handled directly between buyer and vendor through integrated processing solutions (such as Stripe Connect Direct Charges).

  • CactiBid does not hold buyer funds in escrow or operate a custodial wallet.
  • Payment for goods is routed directly to the vendor’s connected processing account at checkout, less applicable marketplace technology fees.
  • The vendor is the sole merchant of record for billing, fulfillment, refund claims, and chargebacks.
  • All transactions and auction settlements must be processed on-platform through CactiBid’s integrated checkout. Circumventing the platform or soliciting off-platform peer-to-peer payments (including direct Cash App, Venmo, Zelle, or PayPal Friends & Family) is strictly prohibited and grounds for immediate vendor termination.
  • Standard platform technology fees are 8% per completed transaction, excluding third-party payment processing fees (e.g., Stripe processing). Promotional commission rates (including temporary launch discounts) apply strictly through their designated promotional periods.

5. Agricultural Compliance & Shipping Regulations

Live botanical transfers are subject to regional, state, and federal oversight.

  • Vendors bear sole responsibility for ensuring full compliance with USDA plant protection regulations, state quarantine laws, agricultural inspection stickers, and any necessary phytosanitary certifications.
  • Buyers bear sole responsibility for verifying regional import restrictions for their home jurisdiction prior to purchasing.
  • CactiBid assumes no liability for parcels delayed, quarantined, inspected, confiscated, or destroyed by agricultural authorities or postal carriers.

6. Vendor Fulfillment & Conduct Standards

All vendors must maintain the following operational standards:

  • Accurate Descriptions: Listings must clearly state whether a specimen is fresh-cut, fully calloused, bare-root, or potted.
  • Fulfillment Window: Vendors must upload valid postal tracking within 7 to 10 business days of purchase, unless an explicit drying, callousing, or custom fulfillment period was explicitly stated in the public listing description before sale.
  • Communication: Vendors must respond to buyer inquiries within 48 business hours. Persistent fulfillment delays or unresponsiveness will result in permanent removal from CactiBid.

7. Limitation of Liability

CactiBid provides the platform on an “as-is” and “as-available” basis without warranties of any kind. Under no circumstances shall CactiBid, its administrators, or owners be liable for any direct, indirect, incidental, or consequential damages resulting from plant care, transit delays, extreme weather exposure, carrier handling, or disputes between buyers and sellers.