Any user who is found to act in violation of the Lily Auction User Agreement may be suspended from using this service. If you do not agree with any policy or amendment in this agreement, please contact us immediately..
Eligibility for Membership: Our services are available only to individuals
who can form legally binding contracts under applicable law. Without limiting
the foregoing, our services are not available to minors. If you do not
qualify, please do not use our services. the Lily Auction may refuse our services
(such as, but not limited to listings, messaging and bidding) to anyone at
any time, in our sole discretion.
Fees: Joining the Lily Auction is free. Our then-current Fees Policy for selling items on the Lily Auction is available at https://www.daylily.com/auctionfiles/terms.html, and are incorporated herein by reference. Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all applicable taxes and for all hardware, software, service and other costs you incur to bid, buy, procure a listing from us or access our servers. We may in our sole discretion add, delete or change some or all of our services at any time.
the Lily Auction is only a Venue: Our site acts as the venue for sellers to conduct auctions and fixed-priced sales and for buyers to bid-on or outright buy seller's items, depending on how the seller lists the items. We are not involved in the actual transaction between buyers and sellers. As a result, we have no control over the quality, safety or legality of the items advertised, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to buy items. We cannot and do not control whether or not sellers will complete the sale of items they offer or buyers will complete the purchase of items they have bid on. In addition, note that there are risks of dealing with foreign nationals, underage persons or people acting under false pretense.
Because user authentication on the Internet is difficult, the Lily Auction cannot and does not confirm that each user is who they claim to be. Therefore, because you must be careful in dealing with other users to avoid fraud, we have established a user-initiated feedback system to help you evaluate who you are dealing with. We also encourage you to communicate directly with a trading partner to help you evaluate with whom you are dealing. Please practice safe trading.
Because we do not and cannot control user-to-user dealings, in the event that you have a dispute with one or more users, you release the Lily Auction (and our agents and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
For legal reasons, we cannot nor do we try to control the information provided by other users which is made available through our system. By its very nature, other people's information may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. We expect that you will use caution -- and common sense -- when using our site.
Registration: We require all Users to register with a unique Username, their true full legal name, full legal address, including City State and Country and email address using our Registration Form. In addition, we may ask for the User's telephone number, a copy of their legal ID or Driver's License or a copy of a Utility Bill with the User's name and address on it. The later may be required if user identity becomes an issue or in the case of registration with free email accounts. The Lily Auction only allows registration of persons, i.e. only individuals may register on the Lily Auction. If you wish to register as a business or corporation name, you must still provide your personal name and accept responsibility, as a person, for all activity you make in the Lily Auction even if you deem that activity to be made as a business.
Fraud: the Lily Auction has zero tolerance for fraud of any kind. Please review the Lily Auction's Fraud Policy.
Bidding and Buying in the Lily Auction: As a bidder in an Auction Item, if you have the highest bid at the end of the auction, or if you have bought a fixed-price, BuyItNow, Instant Buy or Store items you are obligated to complete the transaction. Bids and buys are not retractable except in exceptional circumstances. Please contact an Administrator if you feel there is an exceptional circumstance and you wish to retract your bid or buy. You may not bid in a way that pulls other bidders to their maximum bid, retract the high bid, and then rebid at a small increment above the legitimate high bidder (bid manipulation).
The successful Bidder/Buyer must pay seller within 10 days of Auction close unless other arrangements are made with the seller in advance. The Seller should invoice the buyers after the item has closed or a buy bhas been made. Buyers may also contact the seller immediately using the 'Message' buttons in their closed 'My Won' lists and ask to be invoiceed as well. All contact information must be true and accurate. Any user who does not have their current and correct contact information in their registration, is not a valid user until their contact information is updated.
If a buyer wishes to take longer to make payment, in excess of 10 days, then the buyer must ask the seller for an extension before a bid is placed or a buy is made. The buyer must get confirmation from the seller. Please report any problems in this area to the Lily Auction immediately.
All sales made through contacts through the Lily
Auction site, must go through the Lily Auction. Users of the Lily Auction
may not use the Lily Auction site to ask a seller to sell an item directly,
unless such request include that the seller list the item with the Reservepost
option. Doing so, will allow the buyer, and seller, to:
1) Keep track of the sale by getting the email notices as well as having access to the sale information in your "Closed" and "Archived" auctions lists. We will keep records of all sales available to you for at least 7 months.
2) Make sure that our mediation services are available if something goes wrong during the sale, and
3) Allows the Lily Auction to receive it's fair commission from the seller, without which we cannot continue to operate.
In the event that a buyer asks a seller to sell items not currently listed on the Lily Auction, and the seller has the items available and wishes to sell them, the seller must list the items for the buyer ON THE LILY AUCTION by using the Reservepost form. This form allows sellers to list the item/s and will only allow the particular buyer to buy the item/s. A seller may not LIST an item on the Lily Auction for a higher dollar amount than they have the same item listed on their personal website. If a seller advertises special gifts, bonuses or sales on their website, they must also offer these same bonuses in their aboutME or item description on the Lily Auction as well. A seller may not use the Lily Auction, in any way, to make or encourage private sales outside of the Lily Auction.
The Lily Auction is based upon Trust and we depend on our
users to have integrity and good faith with regard to our rules. Any violation
of our rules, may result in suspension from the site.
Listing and Selling in the Lily Auction: Listings are text descriptions, graphics and pictures on the Lily Auction's web site supplied by you that either; (a) textually describe the item you are listing for auction, or (b) link to the text, graphics and picture(s) describing the item you are listing for auction. You may post on the Lily Auction's site either or both of these listing types, provided that you place such listings in an appropriate category. At any given time you may not promote identical items in more than seven listings on the web site. You may not list ANY written URL's in your item descriptions or in any message to your buyers without prior authorization from the Lily Auction. Likewise, you may not use images that have URL's printed on them, again, without prior authorization from the Lily Auction Auctioneer. Providing the buyer with a link to another web-page, auction, or list is NOT PERMITTED in any item description or in any communication with the buyer.
If you receive one or more bids at or above your stated minimum bid or price then you are obligated to complete the transaction with the highest bidder, unless there is an exceptional circumstance, such as; (x) the buyer fails to meet the terms of your listing (such as payment method), or (y) you cannot authenticate the identity of the buyer. You may not email bidders in a currently open auction being run by a different seller, offering similar or the same items at any price level (bid siphoning), nor may you use an alias to place bids on your auction for any reason.
Make contact with your winning bidders: Sellers must contact the winning bidders through the contact buttons in their closed lists to verify where and how payment should be made, within 3 days of auction close. Sellers may also send the buyer an invoice through the invoicing system in the closed items lists.
Shipping: The seller MUST state the cost of shipping in the item description. If the shipping cost will be the actual amount to be determined at shipping time, the seller must state such in the auction description. If shipping costs are not stated in the description the buyer may assume that shipping is free. Once an item is sold, and payment has been received, it is the responsibility of the seller to get the item to the buyer. It is recommended that the seller have the item tracked and/or insured. Tracking verifies that the item has indeed been shipped and it also verifies that the item has been delivered or not delivered.
If, for some reason, the item is lost or damaged during the shipping process, unless the seller has a 'tracking number' verifying that the item was shipped and received, or 'no shipping guarantee' was stated in either the seller's aboutME page or in the item description, it is the sellers obligation to either replace the item or refund the buyer's money. Added 09/19/07: This policy is only intended for 'in same-country' shipping. It is the buyer and seller's responsibility to be clear with each other about quarantine requirements and international shipping policies from country to country. The international buyer must assume the risk of plant loss or damage as a result of quarantine inspections and/or delays.
The Lily Auction is a wonderful service to all gardeners and nurseries who wish to make use of the internet. We strive to create a fun, safe and fair playing field for all of our buyers and sellers. In addition, like any other good service, we have costs to develop and still more to maintain the site. Without commissions, the Lily Auction would not be able to exist. Every effort will be made to keep the auction commissions as low as possible but we need your support and integrity as well. Therefore, by using the Lily Auction, all Sellers must agree to the following rules which protect all of us:
a) Contacting Unsuccessful Bidders: While sellers may not directly contact unsuccessful bidders, they may submit a 'Make Reserved Offer' Form to unsuccessful bidders. In this way sellers may offer the item to unsuccessful bidders as well. 'Reserved offers' are private, between buyer and seller only. It is a useful way to increase sales if you have the inventory. In can also be used if the highest bidder backs out of the agreement: The seller may, using the 'Make Reserved Offer' Form, offer the item to the second highest bidder, and so on, until a bidder who agrees to buy the item at their bid amount or at an amount agreeable to both the seller and the buyer, is found. To easily make the reserved offer, the seller may simply click on the 'Make Reserved Offer' button in the closed, Sold, list. Otherwise, if the seller wishes to sell more of the same item, the item should be re-posted. If a the winner backs out, and there no substitute winner can be found, the seller may re-post the item and be refunded for the seller fees. Please always report the default by using the Contact Us form.
b) Contacts from Non-winning Users: All sales that are made to members who contacted you from the "Ask Seller a Question" form, must go through the Lily Auction. Some buyers may want to contact you to see if you will sell to them directly or if you have another item/s for sale. In the event that the Seller is contacted through the Lily Auction and is asked to sell any item, the sale must go through the Lily Auction, regardless of whether the item is currently listed or not. In the event that the requested item is not currently listed, and you agree to sell it, and the price is agreed upon by both seller and buyer, the Seller must list the item/s in the Lily Auction to sell by using the Reservepost Form, for the agreed upon price. Once the item is posted using the Reservepost Form, the would-be buyer will automatically be sent an email with an easy link back to that auction where it can be quickly purchased. This makes it easy and will allow both Seller and Buyer to keep track of the sale since the information will be recorded in their closed and archived auctions lists and email notices will be sent out to both the buyer and seller once the buy is made. This, again, also allows the Lily Auction to receive it's fair commission.
c) Soliciting Other Sales: Unauthorized advertising, including listing of links, URL's, phone numbers and/or personal or commercial email addresses, is strictly prohibited in the Auction Descriptions. This includes anything you have printed on your images as well. All sellers can be contacted through the "Ask Seller A Question" link that is always within all auctions. Additional email addresses are not allowed your auction descriptions. After the auction closes, the buyer's email addresses will be available to the seller and the seller's email address will be available to the buyer, in the Closed Auctions list. The Seller agrees to not solicit, in any way, in their item descriptions and/or in email communications with other Lily Auction Members, any sales of items, other than the items that are currently listed for sale on the Lily Auction. If the seller wishes to sell additional items to their buyers, they must do so using the "Reserved Item" form. Moreover, the Seller agrees to not list items on the Lily Auction for higher prices than are being offered on their own website, including discounts or promotions offered.
d) Offering Several Options: A seller may offer several options from which the winning bidder can choose, after the close of auction, a specified number (not less than 3) of the listed options. However, all option must be listed within the auction description. In this way, a seller may offer the choice of a limited number of items among a list of possible choices. So if the seller wanted to offer, say 3, or 5, or 25 items from a list, then he or she would state the details of the list of possible choices from which the buyer may choose. In this case the seller may not list more than 50 choices per auction and the number of choices must be 3 or more. Again, please refer to section b above regarding the use of the BuyItNow feature for listing items that are sold outside of your current auctions.
e) Items Offered Must Exist and Be In Your Posession: Items offered for auction must exist and be held for the winner of the auction prior to the items being listed. At no time should a buyer be told that the item that was won in auction was sold out or is otherwise unavailable. In other words, you must have the item in your possession before you offer it on the Lily Auction and listing the item means that you are reserving the item for the auction winner. So, if you have purchased an item but have not yet received it, you may not offer the item on the Lily Auction until you actually have it in your possession. Other rules may also apply: please refer to 'Amendment 09/20/06' of THE LILY AUCTION RULES FOR PLANT SELLERS.
f) Seller Must Sell: Once a bid is placed on an auction, the Seller agrees to honor the sale, regardless of what the winning bid is. Once an item has a bid, the Seller is obligated to sell. Sellers must disclose the approximate date of delivery in their item descriptions. In addition, an item may not be listed unless it can be delivered within 8 months from the start date of the listing.
click here to review the GUIDELINES FOR PLANT SELLERS that you must agree to as
a seller in the Lily Auction.
Without limiting any other remedies, the Lily Auction may suspend or terminate your account if you are found to have engaged in fraudulent activity or activity that is deemed to be against the above rules, in connection with our site, or for any reason whatsoever, at the discretion of the Auctioneer.
Use of Copy-Righted material in your items: The use of copyrighted material in your auctions, including images, is expressly forbidden unless you are the owner of the copyright or you have permission from the owner of the copyright to use the material in your auction. With regards to Images: You may not use another persons image without their permission. With regard to catalog Text Descriptions: You may use published catalog (website or printed catalog) descriptions, as a reference, without the owners permission, but only if you use quotes and you give the owners name credit for the words. However, you may not use any Lily Auction seller's item description that is not in a published catalog without the owners permission, unless the owner is the hybridizer of the cultivar you are listing, again giving the hybridizer credit for their words. Referring to the hybridizers description is helpful to buyers but you must give the hybridizer credit.
Image Ownership: (added on 08/14/12 to clarify our policy) All images posted in all Lily Auction items will remain the property of the Image Owners. The Lily Auction does not claim ownership of any images uploaded by it's sellers unless the image owner has made a specific contract with the Lily Auction. However, once an image is uploaded, the seller is verifying that they are either the actual image owner, or that they have permission from the owner to use the copyrighted image being uploaded on the Lily Auction, and specifically under the conditions stated or implied in this agreement, and that copyrighted image owners understand that the Lily Auction has the right to publically display the images, worldwide, according to all format and policies stated or implied in the agreement. Please note that the copyright rules stated above apply to the use of all uploaded copyrighted images. In the event that a complaint is made that a seller has used a copyrighted image without the owner's permission, the burden of proof is on both the owner of the image and/or the seller. The seller also agrees that they incur total legal responsibility for any legal penalty, or for any alleged damages that may have been caused to the copyrighted owner. Any potentially unauthorized image may be removed from an item, at the discretion of an authorized Lily Auction administrator.
Use of copyrighted images may be contested, first by messaging the seller who has posted the images. If the seller does not remove the image or an adequate response is not received, please contact the Lily Auction immediately, by submitting one HELP DESK ticket for each Seller who is using your image/s without your permission, and we will contact the seller and open up an investigation.your permission.
Your Information: Your information includes any information you provide to us or other users during the registration, bidding or listing process, in any public message area or through any email feature (defined herein as "Your Information"). With respect to Your Information:
6.1 You are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication of Your Information. However, we may take any action with respect to such information we deem necessary or appropriate in our sole discretion if we believe it may create liability for us or may cause us to lose (in whole or in part) the services of our Sips or other suppliers.
6.2 Your Information and your items for sale on the Lily Auction: (a) shall not be fraudulent or involve the sale of counterfeit or stolen items; (b) shall not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (c) shall not violate any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti discrimination or false advertising); (d) shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; and (e) shall not link directly or indirectly to or include descriptions of goods or services that: (i) are prohibited under this Agreement; (ii) are identical to other items you have up for auction but are priced lower than your auction item's reserve or minimum bid amount; (iii) are concurrently listed for auction on a web site other than the Lily Auction or (iv) you do not have a right to link to or include. Furthermore, you may not post on our site or sell through our site any item that, by paying to us the listing fee, could cause us to violate any applicable law, statute, ordinance or regulation.
No Price Manipulation: Sellers may not manipulate the price of their item, either by using a shill (a secondary account or third party) or by bidding themselves.
System Integrity: You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Lily Auction site or any auction being conducted on our site. You may not take any action which imposes an unreasonable or disproportionately large load on our infrastructure. You may not disclose or share your password to any third parties or use your password for any unauthorized purpose.
Feedback: You may not take any actions which may undermine the integrity of the feedback system, such as: leaving positive feedback for yourself using secondary User IDs or third parties; leaving negative feedback for other users using secondary accounts or third parties (feedback bombing); or leaving negative feedback if a user fails to perform some action that is outside the scope of the auction (feedback extortion). If you earn a net feedback rating of -4 (minus four), your membership will automatically suspend, and you will be unable to list or bid. Also, you may never leave more than one 80 character feedback remark per transaction. Please review the Lily Auction Feedback Guidelines.
Because feedback ratings are not designed for any purpose other than for facilitating trading between Lily Auction users, you may not market or promote Lily Auction feedback in any venue, publication or web site, other than the Lily Auction.
You may not collect or publish any information regarding other Lily Auction
users, including but not limited to user-feedback, usernames and users'
Breach: Any user found to be in violation of this agreement will be considered to be in "Breach" of this contract . We may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your membership, any of your current auctions, and any other information you place on the site if you breach this Agreement or if we are unable to verify or authenticate any information you provide to us.
Privacy: Our then-current privacy policies, available at https://www.daylily.com/auctionfiles/privacy-policy.html, are incorporated herein by reference.
No Warranty: WE AND OUR SUPPLIERS PROVIDE THE LILY AUCTION WEBSITE AND OUR SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS OR IMPLIED. WE AND OUR SUPPLIERS SPECIFICALLY DISCLAIM THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights which vary from state to state.
Limit of Liability: IN NO EVENT SHALL WE OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT.
OUR LIABILITY, AND THE LIABILITY OF OUR SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. Some states do not allow the limitation of liability, so the foregoing limitation may not apply to you.
General Compliance with Laws: You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of our service and your bidding on, listing, purchase and sale of items.
No Agency: You and the Lily Auction are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement.
Notices: Except as explicitly stated otherwise, any notices shall be given using the Contact Us Form (in the case of the Lily Auction) or to the email address you provide to the Lily Auction, during the registration process (in your case), or such other address as the party shall specify. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to the Lily Auction during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
General: This Agreement shall be governed in all respects by the laws of the State of Hawaii. We do not guarantee continuous, uninterrupted or secure access to our services, and operation of our site may be interfered with by numerous factors outside of our control. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.
Disclosures: The services hereunder are offered by Michael Longo, located at P.O. Box 28, Papaikou, HI 96781. Fees for our services are described at https://www.daylily.com/auctionfiles/terms.hrtml.
Amendment 08/01/00: Item Suspension: The Lily Auction reserves the right to temporarily or permanently remove any item from the Lily Auction, for any reason whatsoever, and at it's own discretion, in the event that the item has brought up any complaint from another user.
Amendment 10/20/00: Keeping your contact information current: It is solely the responsibility of each user to keep your contact information current, including your email address. If you have moved to a new address or have changed your email address YOU ARE NO LONGER A VALID USER of the Lily Auction until you have updated your registration information. You may update your contact information using the Change Registration link at the bottom of the Lily Auction pages. Any user who is found to have a dead email address or inaccurate contact information may be removed from the Lily Auction. Moreover, sellers are not responsible for items not delivered if buyer shipping address is not complete or correct in their registration file.
Amendment 05/29/07 (ammended again on 03/19/10): Voiding a CLOSED Auction because of NON-PAYMENT or Refunds: Non-payment is a serious matter and can result in suspension of the bidder from the Lily Auction. It is important for Sellers to report non-payment in a timely manner for several reasons: 1) To get credit for the seller's fees, 2) To void the item so it can be listed again, and 3) To protect all sellers of the Lily Auction from bidders who would bid and then not pay. Please allow at least 10 days, after you have contacted your buyer, to receive payment. If you do not receive payment within a reasonable amount of time, you may wish to void the auction and obtain credit for the seller's fees and leave negative feedback. If so, you must report non-payment within 10 to 30 days of auction close and use the "Support/Questions" link, the Lily Auction Support Form, to contact us regarding non-payment. In the event that the buyer does not respond to our emails and still does not pay the seller, the Lily Auction will refund the Calculated Charges (Closing seller fees) but only after neutral or negative feedback is left for the buyer. The Lily Auction cannot refund seller fees, for non-payment, after 60 days from auction close, or if not reported within 30 days of the bidders last bid.(In the case of Instant Buy items, the closing date is the bid date). Buyers are responsible for seller fees incurred by the seller if the buyer defaults on payment. In addition, if a buyer requests a refund for items won and there is no justifiable reason for the refund, the seller may deduct the seller fees from the refund. Sellers may wish to point buyers to this rule by giving them the following URL: https://www.daylily.com/auctionfiles/user-agreement.html#nonpay
THE LILY AUCTION RESERVES THE RIGHT TO REFUSE OR SUSPEND MEMBERSHIP FOR ANY REASON, BUT SPECIFICALLY IF THIS AGREEMENT IS BREACHED, AND AT OUR OWN DISCRETION.
Parental control protections (such as computer hardware,
software, or filtering services) are commercially available that may assist you
in limiting access to material that is harmful to minors. If you are interested
in learning more about these protections, information is available at http://www.worldvillage.com/wv/school/html/control.htm
or other analogous sites providing information on such protections.
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