LILY AUCTION RULES FOR PLANT SELLERS:

| Plant Guarantee | Delayed Delivery | Plant Size | Return Policy | Unintroduced/Current-year Cultivars | Tissue Culture | Re-selling Seed | Faux Image |
| Unregistered Cultivars | Patented Cultivars | Unqualified Numbers | Plant Quarantine | Rust | Selling Pollen | Re-selling Plants |  Spring Delivery |

Sellers, remember that the more you please your customers, the happier they will be and the more likely they will leave positive feedback for you and give you repeat business. If you let your customers know that you back up your auctions they will let other people know through your feedback, and your auctions will receive more bids. An unhappy customer can damage your reputation, particularly if they leave you negative feedback.  Some people are very hard to please and the more you disclose, the less room there will be for these types of people to complain. The overwhelming majority of users on the Lily Auction are very reasonable and have been willing to resolve problems that come up in ways acceptable to both parties involved.  Good communication is the key to successful, and hassle free, internet sales. The rules below may seem like common sense but need to be stated here. By listing an item on the Lily Auction, all sellers have agreed to these rules unless the seller has stated otherwise in their auction descriptions. Please read any seller disclosure, in the item descriptions or aboutME pages, very carefully since seller disclosures will always take precedence over these rules.

| Plant Guarantee | Delayed Delivery | Plant Size | Return Policy | Unintroduced/Current-year Cultivars | Tissue Culture | Re-selling Seed | Faux Image |
| Unregistered Cultivars | Patented Cultivars | Unqualified Numbers | Plant Quarantine | Rust | Selling Pollen | Re-selling Plants |  Spring Delivery |

1) ALL Plants must be guaranteed to remain alive for a period of at least 60 days from date of receipt by buyer, unless otherwise stated in the Auction Description. Of course it is the buyers responsibility to provide the required care to the plant, including adequate water, soil conditions and sun exposure. If you ship plants in the hot season, July and August,  and do not want to guarantee the plant's survival, you must state so in your auction description. Most sellers guarantee their plants for 6 months. If no guarantee is offered, this must be stated in the auction description. The seller's disclosure will always take precedence over these guidelines. When a plant dies within your guarantee period, always offer to replace the plant or, if you cannot replace the plant, offer the choice of a substitution plant or refund of money. Show your customers that you are ready to back up your sales when necessary. In the long run this will improve your sales and profits.

| Plant Guarantee | Delayed Delivery | Plant Size | Return Policy | Unintroduced/Current-year Cultivars | Tissue Culture | Re-selling Seed | Faux Image |
| Unregistered Cultivars | Patented Cultivars | Unqualified Numbers | Plant Quarantine | Rust | Selling Pollen | Re-selling Plants |  Spring Delivery |

2) If you are selling plants that are to be held for delivery at a later date (Delayed Delivery), you must indicate in your auction description what the buyer will receive. Will the buyer get only the described single or double fan at the time of shipment, will the buyer get only the increase or will the buyer receive the single or double fan as well as any increase that occurs from the close of auction until the time of shipment. Different people have different ideas as to what they are entitled to in this regard. Being clear in your description will avoid a potential conflict.

4) It is suggested that you always disclose the size of the plant you are selling. For example, you can describe the diameter of a daylily at the crown of the plant in inches or the size of a half-dollar, quarter, nickel, penny  or dime. Everyone has their own idea of what is large and what is small. Disclosing plant size in your auction descriptions by giving an actual measurement will prevent potential disputes. For example: "This auction is for a single fan of at least 1" diameter across the crown of the plant". If you do not disclose the size of your plant in your auction description then it may be assumed that it is at least 1/2" diameter just above the crown of the plant. Otherwise you must disclose anything less than 1/2". Please see #13), 'Small Daylily' below.

| Plant Guarantee | Delayed Delivery | Plant Size | Return Policy | Unintroduced/Current-year Cultivars | Tissue Culture | Re-selling Seed | Faux Image |
| Unregistered Cultivars | Patented Cultivars | Unqualified Numbers | Plant Quarantine | Rust | Selling Pollen | Re-selling Plants |  Spring Delivery |

5) It is suggested that sellers disclose your return policy. Make statements like "All sales are final"; "All items are shipped as is"; "Satisfaction is guaranteed"; "3 day return policy"; etc.  Unless otherwise stated in the 'aboutME' or item description, the standard Lily Auction return policy will apply: "If you are not completely happy with your shipment, you may either request a replacement or, if replacement is not possible, return the item within 48 hours for a full refund". If you have a different return policy, or a no-return policy, whatever it is, you need to let you potential buyer know it. You must disclose it!  Otherwise the Lily Auction standard return policy will always apply. Having a return policy tells buyers that Sellers of the Lily Auction back up their auction sales. This promotes bidding confidence and will help your business.

6) If you are selling an UNREGISTERED plant, it must be listed as a "Seedling" in the Seedling category unless you have submitted a legal AHS registration application for it. If you have submitted an AHS registration application for a name of a daylily and it has not yet been approved, and you still wish to list it as a Cultivar on the Lily Auction, you may do so as long as you state "Registration Pending" after the plant name, both in the title and in the body of your auction description. In this way a buyer will be informed that the name of this plant is not definite and that he may be buying a daylily that will ultimately have a different name. Unfortunately, there are many "named" seedlings out there that are not even registered at all. It is the seller's responsibility to know whether a plant that he or she is listing on the Lily Auction is registered or unregistered. Also, you may not use the statement "registration pending" unless the application has indeed been made.

| Plant Guarantee | Delayed Delivery | Plant Size | Return Policy | Unintroduced/Current-year Cultivars | Tissue Culture | Re-selling Seed | Faux Image |
| Unregistered Cultivars | Patented Cultivars | Unqualified Numbers | Plant Quarantine | Rust | Selling Pollen | Re-selling Plants |  Spring Delivery |

7) If a Cultivar is Patented, it can only be sold on the Lily Auction with the permission of the owner of the Patent. It is the responsibility of the seller to know whether the plant they are selling is Patented or not. It is also the seller's responsibility to get permission from the owner of the patent BEFORE posting the item for auction.

8) When using a number in the title of your auctions, you must clearly define, IN THE TITLE STATEMENT, what the number is referring to. For example, 5 fans, or 8 inch bloom, etc. Buyers don't always read the descriptions inside the auction as thoroughly as they should, and an unqualified number can lead to a dispute after the auction.

9) Cultivars not yet "introduced" or current-year introductions : The Lily Auction respects the hard work of hybridizers and we require our members to honor their requests regarding the resale of their seedlings and introductions. All Lily Auction sellers must agree, that at no time will any seller list a cultivar or seedling on the Lily Auction BEFORE it is introduced by the hybridizer, or introduced by the hybridizer within the current year of listing, WITHOUT the express permission of the hybridizer. For the purposes of the Lily Auction, "introduced" means the year the hybridizer has listed the Cultivar, in his catalog, printed list and/or web page, or stated when the plant will become available to the public. This does not restrict hybridizers in any way from selling their own seedlings on the Lily Auction before they have been introduced, or during the current year of introduction. In other words, unless you are the hybridizer, you may not list an unintroduced or current-year cutivar on the Lily Auction without the hybridizers consent. The Lily Auction will depend on the hybridizer to notify it of any Cultivar put in the auction that has not been released for sale to the general public by catalog, website, or prior sales to the public. The hybridizer has the responsibility to monitor his/her Cultivars posted in the Lily Auction that might be offered prior to their release date and provide necessary documentation to the Lily Auction in event of controversy over the plant being put in the auction. Hybridizers, please feel free to Contact Us if you have any questions or wish to report an offending listing. (revised to include current-year introductions, 10/29/17)

10) Federal & State & International Quarantine Requirements: Sellers and Buyers are responsible for all plant inspections required by the State and Federal Governments. Countries outside the USA may accept plant material grown in the USA if a Phytosanitary Certificate is granted. However, it is the responsibility of the Seller to know what the laws are for any State of the USA as well as for any Country outside the USA before shipping plants. If you have questions about individual USA State requirements for shipping plants please go to the following site: Federal & State Plant Quarantine Information.

In regard to out-of-country-transactions involving mandatory phytosanitary certificates and quarantine inspections, unless otherwise stated in the item description or a prior written agreement between buyer and seller exists, the default rule is that the Buyer will incur ALL responsibility for plant material damage (drying out, mold, rot, etc.) that can occur as a result of any delay in receiving the plant shipment. Nevertheless, Sellers must be certain to ship healthy and reasonably sized plants and seeds or this rule may be over-ridden. Buyers who wish to open up a dispute, must provide photographs of their plants or seeds, taken as soon as their plants are received.

SHIPPING INTERNATIONAL SMALL PACKET SEEDS INTO THE USA:

    SYNOPSIS OF THE NEW LILY AUCTION RULES FOR SEED SHIPMENT INTO THE US (03/01/16):
    THE US LAW NOW STATES that International sellers cannot ship seeds into the US unless the BUYER has received an Import Permit from the USDA (they are good for 3 years), and the seller has enclosed a copy of it in their US shipment. The Lily Auction now requires that all non-US sellers must clearly disclose the new requirements in their item descriptions.
    EU SELLERS MUST USE THE FOLLOWING DISCLOSURE STATEMENT IN THEIR SEED LISTINGS:
    • 1) US BUYERS must have a valid and active permit to import Hemerocallis seed into the US from the EU.
      (USA Buyers may apply for a 3 year import Permit at: https://epermits.aphis.usda.gov/epermits.)
    • 2) Scanned copies of Permits can be easily uploaded and sent to me through the Lily Auction Messages, by selecting the 'Upload Image' button in the menu of the text editor of the Message Form, and then selecting the scanned permit label Image. Using the Lily Auction Messages allows for easy reference should something go wrong.
    Only the US buyer may apply for an import permit. Buyers must first register for a "Level 2" registration at https://epermits.aphis.usda.gov/epermits. Once you get the permit, it will last 3 years and you can then import seed from other Intentational sellers. Once you are registered as 'Level 2' on the site, you can then apply for the small packet seed import permit. You will then be emailed instructions on how to proceed further which involves verification of identity. Once the permit is finally received, you have to request shipping labels.

    Again, EU sellers can only ship seed if they get a phytosanitary certificate for each order, unless their buyer has already gotten a valid permit from the USDA and has provided the import label to the EU seller.

    Seeds from outside the USA that arrive at gateway inspection centers in the US that do not have an import permit label will be confiscated and destroyed. International sellers are responsible for any confiscation or destruction of plant material, icluding seeds, that are shipped WITHOUT a legal permit, regardless of any disclosures made.

    IF NO PERMIT, DO NOT SHIP and refund the buyer. Contact Us if you have any questions.

    For more detailed instructions on how US buyers may apply, please contact the USDA, "Plants for Planting" office:

  • phone: (301) 851-2322
  • email: plantsforplantingpermits@aphjis.USDA.gov

SHIPPING PLANTS AND SEEDS TO THE RUSSIAN FEDERATION:

    Russian Federation Restrictions:

    (Basically, sellers outside of the Russian Federation cannot ship ANY plant material, including seeds, to the Russian Federation, unless the buyer is a Company that has gotten an import permit for plant material and the seller (outside of Russia) has gotten a phytosanitary certificate.)

    The following items are prohibited when sent to or from the address of private individuals for needs that are not related to company activities:

    • Scrap and waste from ferrous and non-ferrous metals.
    • Nonmanufactured precious metals, precious metal scrap and waste, ores and concentrated precious metal products, and primary products containing precious metals.
    • Mineral substances (nonmanufactured natural stones).
    • Information about the Earth’s interior.
    • Technical devices designed for eavesdropping.
    • Human organs and/or tissues, and blood and its components.
    • Radioactive materials.
    • Cultural artifacts.
    • Plants of any kind and in any form, including seeds.

SHIPPING PLANTS AND SEEDS TO THE EUROPEAN UNION:
(Austria, Belgium, Bulgaria, Croatia, Republic of Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden.)

    Trade in plants & plant products from non-EU countries

    Certain plants, plant products and other objects (listed in Part B, Annex V - Directive 2000/29/EC) entering the EU must have a phytosanitary certificate guaranteeing that they are:

    • properly inspected;
    • free from quarantine harmful organisms and practically free from other harmful organisms;
    • in line with the plant health regulations of the importing country.
    • The exporting country's national plant protection authorities issue the certificates. Once in the EU, a plant passport may replace the phytosanitary certificate for imported plants, plant products (including seeds) and other objects which are also listed in Part A of Annex V.

| Plant Guarantee | Delayed Delivery | Plant Size | Return Policy | Unintroduced/Current-year Cultivars | Tissue Culture | Re-selling Seed | Faux Image |
| Unregistered Cultivars | Patented Cultivars | Unqualified Numbers | Plant Quarantine | Rust | Selling Pollen | Re-selling Plants |  Spring Delivery |

11) Lily Auction policy on Rust: Please note, you must never ship a plant that has any visible signs of "rust" or is known to have "rust". It is the responsibility of every seller on the Lily Auction to know what rust is and to be reasonably sure that rust is not being spread to uninfected gardens. For information about rust, please consult the AHS dictionary:  http://www.daylilies.org/ahs_dictionary/daylily_rust.html .

Not everyone is concerned about rust and, in fact, the USDA has downgraded the disease to a "Nuisance". Some gardeners feel that using poisonous chemicals to control rust is worse than the rust itself and will only use "organic" means to control rust. Nevertheless, to be fair to everyone, we must all be reasonable sure that we are not shipping infected plants. Moreover, if you have seen rust in your garden at all, you should disclose such in your auction descriptions, even though the plant you are selling has no visible sign of rust and even if you have sprayed fungicides on it.

Rust is transmitted through microscopic spores which can travel in the wind and from plant to plant without noticing a full-blown infection.  It will help to mitigate the spread of rust, by soaking your apparently "uninfected" plants in a bleach solution before they are shipped.  This will certainly help to kill any possible hidden spores and mycelia but, unfortunately,  it is not a guarantee. Spraying with fungicides, even systemic fungicides,  also does not guarantee that your plants are completely rust free. Rust spores and growing mycelium, can hide in the portions of the plant that are impossible to see and anything you spray on them or soak them in, may not get to those areas of the plant. Indeed, many plants from gardens that spray fungicides, have later developed rust in gardens that have not continued the use of fungicides. No one has established the exact strength of the bleach solution to be used for daylily rust but it has been recommended that 150 ppm is effective for asparagus rust. Many people are successfully using this strength of bleach to soak their daylilies before they ship. For the exact proportion of bleach to water to use when making your bleach solution, please consult your local gardening or daylily association.

The important point to understand here is that, while plants may appear healthy, if you have had plants in your garden infected with rust, and even if they have been sprayed with fungicides, you may still have hidden spores or growing mycelium which could then erupt into a full-blown rust infection after they have been shipped. Disclosing that you have seen rust in your garden is essential to the honest and ethical sale of daylilies on the Lily Auction. This is a controversial area as some people feel that if your garden is infected, you should not ship at all. There are extremes on either end of the spectrum. The decision to sell is, of course, up to you. However, to be fair to everyone, please be sure that you have honest disclosure statements in your auctions. If you have had rust in your garden, state so. If you spray fungicides, state so. Do whatever you can ethically do to mitigate the spread of rust. Buyers, to further protect yourself against rust, here is a link to another suggested way to reduce the risk of introducing rust into your garden: http://web.ncf.ca/ah748/newplants.html.

12) If a Cultivar is Tissue Cultured: The seller must disclose if a plant is Tissue Cultured in the description of the auction. The seller must state "this auction is for a Tissue Cultured plant". Adequate disclosure will avoid disputes after the auction. If you purchased plants from a "super-store" such as Home Depot or Wallmart, the likelihood of these plants being Tissue Cultured is very high. In this case you must disclose the source of your plants.

13) Very Small Daylily: A very small daylily, smaller than 1/2" in diameter (the size of a dime) at the bottom of the fan just above the crown, MUST always be disclosed as a very small plant, stating the actual size, in the auction description. If, at the time of shipping, the seller finds that the plant is less than 1/2 inch diameter at the crown, and this has not been disclosed in the auction description,  then the seller must contact the buyer and give the buyer the option of accepting the smaller plant as it is or offering a refund. Of course, sellers may always offer a substitutions, additional fans or bonus plants to make up for any unexpected problem like this, if they wish. A buyer should be consulted with options, before shipping them a small plant that was undisclosed in the auction description.

14) Plant Quality:  All plants sold on the Lily Auction should be healthy and in good condition. However, in addition, the Lily Auction requires certain disclosures related to plant quality when applicable:
a) If any Daylily was recently, within 2 months of listing the
same plant on the Lily Auction, used for hybridizing as a pod parent:, or
b) if any Daylily was recently, within 2 months of listing the
same plant on the Lily Auction,  purchased or received, bare-root, from another seller or nursery:
Then the
seller must disclose such in the item description.

Both of the above factors can affect plant quality and performance after the buyer receives it, and they have the right to know.

| Plant Guarantee | Delayed Delivery | Plant Size | Return Policy | Unintroduced/Current-year Cultivars | Tissue Culture | Re-selling Seed | Faux Image |
| Unregistered Cultivars | Patented Cultivars | Unqualified Numbers | Plant Quarantine | Rust | Selling Pollen | Re-selling Plants |  Spring Delivery |

15) Selling Pollen is not allowed on the Lily Auction. A couple of seller tried to sell pollen but we had several complaints from buyers who found the pollen to be not viable. The Lily Auction no longer allows the sale of pollen on the site.

16) Amendment 01/05/09: Re-Selling Seed: If the seller wishes to re-sell seeds that were purchased from someone else, the seller must make this disclosure in the auction description. In addition the seller must disclose the date that the seeds were purchased and who the seeds were originally purchased from.

17) Amendment 05/22/09: SPRING DELIVERY PLANTS: The selling of plants in the Fall for Spring delivery can be risky business unless the plant has been established for an adequate period of time in the sellers garden. If a seller wishes to list a plant on the Lily Auction in the Fall OR Winter for Spring delivery, the seller must be able to deliver the plant within 7 months of the start date of the listing:
In addition, if the following 2 conditions apply:
a)
THE PLANT IS LISTED MORE THAN 6 WEEKS BEFORE THE PROJECTED DELIVERY DATE;
b) THE PLANT IS EITHER GROWN IN A POT, OUTSIDE OR IN A GREENHOUSE, OR HAS NOT BEEN ESTABLISHED IN THE SELLERS GARDEN, IN THE GROUND, FOR AT LEAST ONE WINTER;
Then, if both a and b above are true, the following 3 actions must be taken by the seller to provide adequate disclosure to potential buyers:
1) It must be stated clearly in the Auction Description that this is the case (ie, the plant "has been grown in a pot, and is outside or in a greenhouse", or "has been in the ground in my garden for only 4 months" (state actual length of time the plant has been in the ground).
2) In addition, the following disclaimer must also be stated in the auction description: "Because of potential adverse weather conditions, which sellers have no control over, there may be greater risk that plants that have never previously over-wintered, in ground, in the sellers garden, could be adversely affected over the winter. In the remote possibility that a plant dies, the buyer will be promptly issued a complete refund. If the plant is too small to ship, the buyer will have the option to either accept the plant as it is or receive a complete refund." (see also
#13) Very Small Daylily) You may, of course, also state your experience with this practice if you wish.
3) Regardless of the weather, the seller takes the burden of total responsibility: In the event that a Spring Delivery plant cannot be shipped, the buyer must be refunded promptly and, depending on the circumstances, there may be no refund of the seller fees.
4) Many seller offer several of the same plant for Spring Delivery. If any of the plants of the same cultivar dies, then one or more of the buyers may not get their plant. If there is not enough to fulfill all orders, this situation brings up the question of which buyers will get the available cultivar. Different sellers will manage this in different ways and buyers will want to know what they can expect. Therefore, the Lily Auction has set up a default policy: Unless otherwise stated in the Seller's 'description' or 'aboutMe', shipping priority, is determned by order date, not shipping date. The Lily Auction feels that this is the most fair way to handle this situation and that this policy also encourages more confidence among potential buyers, especially northern buyers who generally receive shipping later in the season than southern buyers. The seller is, of course, free to state their own policy if they feel differenty about the situation, but buyers have the right to know if they can reasonably count on receiving what they ordered and paid for in advance.
 PLEASE DO NOT LIST PLANTS IN THE FALL FOR SPRING DELIVERY UNLESS YOU ARE VERY CONFIDENT THAT YOU CAN DELIVER THE PLANT IN THE SPRING, WITHIN 7 MONTHS FROM THE START DATE OF YOUR LISTING.

18) Amendment 06/02/09: FAUX IMAGE: If an image that is used in an item is NOT an image of the actual item being sold, it must be CLEARLY disclosed what the image is and why it is being used with this listing. To avoid any confusion, the disclosure must also state "Please note: The image provided here (or to the left, or at the bottom, or wherever it is) is not an image of the item being sold".

19) Amendment 06/05/09: Re-Selling Plants that were received less than 2 months prior to being listed: As always, all plants must be in the seller's possession before being listed on the Lily Auction. In addition, the Lily Auction does not condone the selling of plants that were received by the seller less than 2 months prior to it being listed. If the seller wishes to re-sell a plant that was received less than 2 months prior to it being listed, regardless of what season it is being listed in, the seller must make this disclosure in the auction description. If for some reason, a listed plant dies unexpectedly,  the seller may ship a plant that was obtained from another source less than 2 months prior to the listing date as long as the buyer is informed and agrees to accept this condition.  (If this is a spring delivery plant, #17) Spring Delivery Plants above may also apply).

| Plant Guarantee | Delayed Delivery | Plant Size | Return Policy | Unintroduced/Current-year Cultivars | Tissue Culture | Re-selling Seed | Faux Image |
| Unregistered Cultivars | Patented Cultivars | Unqualified Numbers | Plant Quarantine | Rust | Selling Pollen | Re-selling Plants |  Spring Delivery |

If you have any questions or suggestions about these guidelines please contact us.

Mike Longo

 

To return to the Auction page where you came from,
USE YOUR BACK ARROW.

Otherwise, click here to get to the ALL CATEGORIES page of the Standard Auction.

brought to you by the DAYLILY EXCHANGE

Use of this auction implies acceptance of the Users Agreement.
� Copyright Michael Longo, 1999 - 2011