Terms of Service

Article 1 (Application)

These terms set forth the conditions for using GrowerDirect (hereinafter "the Service"). Users agree to these terms when using the Service.

Article 2 (Definitions)

The following terms are defined as below:

• "User" refers to anyone who uses the Service.
• "Grower" means any person registered as a seller on the Service.
• "Buyer" means any person who purchases plants through the Service.

Article 3 (Registration)

Users must apply for registration through the method specified by the Service and receive approval. The Service may cancel registration if false information is provided.

Article 4 (Prohibited Activities)

• Activities that violate laws or regulations
• Registering false information
• Activities that inconvenience other users
• Activities that interfere with the operation of the Service
• Acts that harm plant health or wellbeing
• Price negotiation or discount requests to sellers (purchases must be at listed prices)
• Reselling plants as-is without growing them yourself after acquisition (only plants you grew from seed or propagated yourself, or that you have grown on or trained for a period after purchase or import, may be listed; state the provenance — seed-grown / propagated / imported / purchased stock trained by you — in the listing. Propagation and sale of registered varieties must stay within the licence granted by the rights holder under the Plant Variety Protection and Seed Act)
• Completing a transaction with a buyer met through the Service outside the Service without reporting it as a closed deal (Article 5, paragraph 2)

Article 5 (Fees)

Growers shall pay the commission set by the Service when a sale closes. Member registration, grower registration and listing are free. The commission is 5% of the sale price plus consumption tax (5.5% incl. tax at a 10% tax rate) and is published on the Service's fee page (/pro). Changes to the commission are made by notice on that page.

All transactions with buyers met through the Service must be reported to the Service as closed deals, regardless of whether the animal or plant was listed on the Service or whether the listing has since been deleted. Deleting a listing or moving the conversation off the Service does not exempt the transaction from the commission.

Article 6 (Parties to the Sale and Payment)

A sales contract for a plant is concluded directly between the Grower and the Buyer; the Service is not a party to the sales contract.

The purchase price shall be paid by the Buyer directly to the Grower (bank transfer, cash at in-person handover, etc.). The Service does not receive or hold the purchase price and stores no payment details.

Handover method, payment timing and cancellation terms shall be agreed in advance between the Grower and the Buyer.

Article 7 (Warranties, Refunds and Disputes)

Arrival (dead-on-arrival) guarantees, refunds, replacement plants and any other warranty are provided between the Grower and the Buyer under the terms the Grower sets individually (the listing's warranty terms and the sales contract). The Service is not a warrantor and does not make refunds or compensation.

If a dispute arises between a Grower and a Buyer, the Service may provide support such as reviewing message records, contacting the parties and giving guidance based on its guidelines, but does not guarantee a resolution.

Article 8 (Disclaimer)

Although the Service reviews Growers at registration, it does not guarantee the accuracy of listing information, the condition, variety or quality of any plant, or the conclusion or performance of any transaction.

The Service is not liable for damage suffered by a User in connection with use of the Service except where caused by the Service's wilful misconduct or gross negligence. Where the Service is liable, its liability is limited to the commission paid to the Service by the Grower for the transaction concerned.

Article 9 (Amendments, Governing Law and Jurisdiction)

The Service may amend these Terms as necessary; amended Terms take effect when posted on the Service. These Terms are governed by the laws of Japan, and the Sendai District Court has exclusive jurisdiction in the first instance over any dispute relating to them.