Terms of Agreement

Last updated: April 14, 2026

1. Introduction and Acceptance

These Terms of Agreement (“Terms”) are a legally binding agreement between you and BlueBird Media LLC, operating as The Dahlia Hub (“The Dahlia Hub,” “we,” “us,” or “our”). By creating an account, completing a purchase, or otherwise using this website and its services (the “Platform”), you agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use the Platform.

These Terms incorporate by reference our Privacy Policy, Community Guidelines, and DMCA Policy. In the event of a conflict, these Terms control.

2. Definitions

Buyer — a registered user who purchases or seeks to purchase dahlia products (tubers, seeds, or cuttings) through the Platform.
Seller — a registered user who has established a store on the Platform and lists dahlia products for sale.
Listing — a Seller's offer to sell specific dahlia products, including all associated descriptions, photos, pricing, and shipping information.
Listed Item — any dahlia product offered through the Platform, including tubers (clumps or divisions), seeds, and cuttings.
Product Type — the category of a Listing: Tuber, Seeds, or Cutting.
Order — a confirmed purchase transaction facilitated through the Platform.
Platform Fee — the percentage-based fee charged by The Dahlia Hub on each completed transaction.
Content — any text, images, descriptions, reviews, or other material a user uploads or posts on the Platform.

3. Eligibility and Account Registration

You must be at least 18 years old to create an account or transact on the Platform. By using the Platform, you confirm you have the legal capacity to enter a binding agreement. We will terminate any account we discover belongs to a minor.

You agree to provide accurate and current registration information, maintain the security of your login credentials, and accept responsibility for all activity under your account. Each person may hold only one account. Notify us immediately at [email protected] if you suspect unauthorized access.

4. Our Role: Marketplace Facilitator

The Dahlia Hub is a marketplace platform that connects Buyers and Sellers. We are not a party to any transaction between Buyers and Sellers. We do not own, grow, inspect, store, ship, or guarantee any dahlia tubers listed on the Platform. The contract of sale is solely between the Buyer and the Seller.

The availability of a Listing does not constitute our endorsement or guarantee of the Seller, the tubers offered, or the accuracy of any Listing information. We do not verify the identity, quality, viability, trueness-to-name, or phytosanitary status of any tubers.

Nothing on the Platform constitutes agricultural, horticultural, or gardening advice. Variety descriptions and growing notes are for informational purposes only.

Payments are processed by Stripe. While payments flow through the Platform, The Dahlia Hub does not hold or control funds beyond collecting Platform Fees. Payment processing is subject to Stripe's Terms of Service and we are not responsible for errors caused by Stripe or any financial institution.

5. Seller Terms and Obligations

5.1 Seller Eligibility

To become a Seller, you must be at least 18, complete store setup with accurate information, provide valid banking details for Stripe payouts, and comply with all applicable federal, state, and local laws.

5.2 Listing Accuracy

Sellers represent and warrant that every Listing:

Accurately describes the dahlia variety, including cultivar name, form type, and color;
Includes only truthful photographs that the Seller owns, is licensed to use, or has obtained from the Platform's community gallery with permission;
States accurate pricing and reflects actual availability;
Does not misrepresent the quality, size, health, or viability of the listed item(s).

5.3 Fulfillment Obligations

Upon receiving a confirmed Order, the Seller agrees to:

Ship the listed items by the stated ship-by date, or within 7 business days of order confirmation if no date is stated;
Pack items properly to protect against damage, dehydration, freezing, or rot;
Provide tracking information within 2 business days of shipment;
Ship the correct variety and quantity;
Communicate promptly about any delays. No substitutions may be made without the Buyer's written consent through the Platform's messaging system.

5.4 Seller Warranties

Each Seller represents and warrants that:

They have clear title to all tubers listed;
The tubers are genuine dahlia tubers of the stated variety;
They are not listing any prohibited, restricted, or regulated plant species in violation of any law;
They hold all necessary permits, licenses, and phytosanitary certificates required to sell and ship in the relevant jurisdictions;
They will collect and remit all applicable taxes;
All Content provided in connection with Listings is accurate and does not infringe any third party's rights.

5.5 Permitted Items

Sellers may list the following dahlia products: tubers (clumps or divisions), seeds, and cuttings. The following are expressly prohibited:

Live potted dahlia plants;
Non-dahlia plants of any kind;
Any item that is not a plant;
Any item whose sale or shipment violates federal, state, local, or international law;
Listed Items known or suspected to be infected with viruses, nematodes, crown gall, or other communicable diseases, unless the Listing clearly discloses this;
Misrepresent the Product Type of any Listing (e.g., listing seeds as tubers, or cuttings as tubers).

5.6 Tax Obligations

Each Seller is solely responsible for determining and fulfilling their own tax obligations. We may report Seller transactions to the IRS as required by law (e.g., Form 1099-K).

6. Buyer Terms and Obligations

6.1 Purchase Obligations

By placing an Order, the Buyer agrees to:

Pay the full purchase price plus applicable shipping and taxes at the time of order;
Provide an accurate, complete shipping address (the Buyer bears costs from an incorrect address);
Retrieve shipments promptly — dahlia tubers are perishable and delays in retrieval are the Buyer's risk;
Inspect tubers within 7 days of delivery and report issues through the Platform;
Not file fraudulent claims, false disputes, or unwarranted chargebacks.

6.2 Buyer Acknowledgments

The Buyer acknowledges and agrees that:

Dahlia tubers are living biological organisms. Bloom color, form, and size may vary due to growing conditions, soil, climate, and other environmental factors. No bloom outcome is guaranteed.
Tubers may arrive dormant and visually unappealing. A shriveled or dry appearance is not necessarily indicative of non-viability.
Growing success is not guaranteed by any Seller or by The Dahlia Hub.
The Platform does not verify variety accuracy. Some mislabeling may occur despite good-faith efforts. The Buyer accepts this inherent risk.

7. Prohibited Conduct

All users agree not to:

Violate any applicable law, regulation, or third-party right;
Provide false, misleading, or fraudulent information in any context;
Create fake accounts, impersonate another person, or misrepresent affiliation;
Use the Platform for any purpose other than buying, selling, and discussing dahlia tubers;
Circumvent the Platform's payment system or arrange off-Platform transactions to avoid fees;
Manipulate ratings, reviews, or community reputation systems;
Interfere with or damage the Platform, introduce malware, or scrape data without permission;
Harass, threaten, bully, or intimidate any other user;
Post defamatory, obscene, hateful, or discriminatory content;
Collect other users' personal information beyond what is necessary to fulfill orders;
List, sell, or attempt to sell illegal substances, controlled substances, or any non-plant items disguised as dahlia tubers;
Engage in price manipulation, bid rigging, shill buying, or anticompetitive practices;
Use bots or automated means to access the Platform without prior written permission.

We reserve the right to warn, suspend, or permanently terminate accounts, cancel transactions, withhold funds, and report activity to law enforcement for any violation of these Terms.

8. Transactions, Payments, and Fees

8.1 Pricing

All prices are in U.S. Dollars. Sellers set their own prices. The Dahlia Hub does not control or approve pricing.

8.2 Platform Fee

The Dahlia Hub charges a 4% Platform Fee on each completed transaction (calculated on the order subtotal, excluding shipping and tax). Founding sellers approved before our public launch receive a discounted rate of 2%for the life of their account. This fee is deducted from the Seller's payout. Buyers do not pay a separate Platform Fee.

We reserve the right to change Platform Fee rates at any time. We will notify Sellers of fee changes via email or a prominent notice on the Platform at least 30 days in advance. Continued use of the Platform after a fee change takes effect constitutes acceptance of the new rate.

8.3 Payment Processing

Payments are processed through Stripe — the same payment platform used by Amazon, Google, and Shopify. Stripe charges their standard processing fee (currently 2.9% + $0.30 per transaction) separately from our Platform Fee. Both fees are clearly shown before you pay. Together they are less than what you'd pay on most other platforms. Your card details go directly to Stripe and never touch our servers.

8.4 Seller Payouts

Seller payouts are processed through Stripe Connect. Payouts are initiated after a hold period of 7 days following confirmed delivery. If no delivery confirmation is received, payouts are queued when the order is manually resolved. Payouts are subject to hold during open disputes. The Dahlia Hub is not responsible for delays caused by Stripe or banking institutions.

To receive payouts, Sellers must complete Stripe account onboarding and maintain an account in good standing (both charges_enabled and payouts_enabledmust remain active). Sellers whose Stripe accounts become restricted will have their listings deactivated until the account is restored.

8.5 Chargebacks

Sellers bear the financial risk of chargebacks related to the quality, accuracy, or delivery of tubers. The Platform Fee is non-refundable for transactions that are subsequently charged back. Buyers who file fraudulent chargebacks are subject to immediate termination and may be pursued for all damages including fees and legal costs.

8.6 Taxes

The Dahlia Hub may collect and remit sales tax as a marketplace facilitator where required by law. In all other cases, tax collection is the Seller's responsibility.

8.7 Refunds

Refunds are governed by each Seller's posted policy, subject to the minimums in Section 10. If a Seller refuses a refund we determine is warranted, we reserve the right to issue it from the Seller's account balance or future payouts.

9. Shipping, Fulfillment, and Agricultural Compliance

9.1 Seller Shipping Responsibility

All shipping and fulfillment is the sole responsibility of the Seller. The Dahlia Hub does not handle, store, pack, or ship any tubers. The Seller bears the risk of loss or damage during transit unless otherwise agreed with the Buyer.

9.2 Agricultural Compliance

Dahlia tubers are regulated agricultural products. The Seller is solely responsible for compliance with all applicable agricultural laws and regulations, including:

USDA and APHIS rules governing interstate movement of plant material;
State department of agriculture requirements, which vary significantly (California, Arizona, and Washington have particularly stringent import requirements);
International regulations, CITES requirements, and phytosanitary certificates for cross-border shipments;
Federal and state quarantine zones.

The Dahlia Hub does not verify, monitor, or guarantee any Seller's compliance with agricultural regulations. We expressly disclaim all responsibility for a Seller's failure to comply with any agricultural law. Sellers who receive regulatory enforcement actions or repeatedly fail to comply will be suspended or permanently removed.

9.3 Pre-Orders and the FTC Mail Order Rule

Many Listings are pre-orders where the Buyer pays now and the Seller ships later. The FTC Mail, Internet, or Telephone Order Merchandise Rule (16 CFR Part 435) applies. Every pre-order Listing must include a ship-by date. If a Seller cannot ship by the stated date, the Seller must notify the Buyer before that date, provide a revised date, and offer the Buyer the option to cancel for a full refund. Cancelled pre-orders must be refunded within 7 business days (cash/check) or one billing cycle (credit card).

The Dahlia Hub does not guarantee Seller compliance with the FTC rule. Compliance is the Seller's sole obligation.

9.4 Perishability

All users acknowledge that dahlia products (tubers, seeds, and cuttings) are perishable or living biological material. Despite proper packing and timely shipping, tubers may be damaged by extreme temperatures, shipping delays, carrier mishandling, or other factors outside anyone's control. Neither The Dahlia Hub nor Sellers guarantee arrival condition or post-arrival viability.

10. Disputes Between Buyers and Sellers

Buyers may open a dispute directly from their order page. If you believe there is a problem with your order, use the “Report a problem” button on your order page. We will respond within 3 business days. Our dispute resolution decisions are made in our sole discretion and are final within the Platform process, though this does not waive either party's independent legal rights. Seller payouts are frozen for the duration of any open dispute.

If you prefer to contact us directly, email [email protected].

All disputes must be initiated within 60 days of delivery (or the ship-by date if no delivery occurred).

10.1 Minimum Seller Refund Obligations

Regardless of a Seller's stated return policy, every Seller must at minimum:

Issue a full refund if the Seller fails to purchase a shipping label within 7 days of order confirmation, or fails to ship within 14 days of the confirmed ship-by date;
Issue a full refund or send the correct item if the wrong variety or item is shipped;
Issue a partial or full refund if tubers arrive in clearly non-viable condition (severely rotten, moldy, or destroyed) and the Buyer provides photographic evidence within 7 days of delivery.

Sellers may offer more generous policies but not less than these minimums.

11. Community Features and User-Generated Content

11.1 Content Standards

All user-generated Content must be accurate, relevant to dahlias, non-infringing, non-defamatory, and compliant with all applicable laws. We reserve the right to remove any Content at any time without notice.

11.2 Section 230 Protection

As a provider of an interactive computer service under Section 230 of the Communications Decency Act (47 U.S.C. §230), The Dahlia Hub is not the publisher or speaker of any user-generated Content. We are not liable for Content created, posted, or submitted by users, including inaccurate variety descriptions, defamatory statements, or erroneous growing advice.

11.3 Content License

By posting Content, you grant The Dahlia Hub a non-exclusive, worldwide, royalty-free, sublicensable license to use, reproduce, display, and distribute your Content in connection with operating and promoting the Platform. You retain ownership of your Content. This license survives account termination to the extent Content has been incorporated into the community catalog (e.g., variety photos or descriptions).

11.4 Points and Reputation

Community points have no monetary value and cannot be redeemed for cash, goods, or services. We may modify or discontinue the points system at any time without compensation.

12. Intellectual Property and DMCA Policy

12.1 Platform Intellectual Property

The Platform — including its design, source code, logos, trademarks, and all other intellectual property — is owned by The Dahlia Hub or its licensors. You may not copy, modify, distribute, or reverse engineer any part of the Platform.

12.2 DMCA Copyright Infringement Policy

If you believe Content on the Platform infringes your copyright, submit a DMCA notification to our designated agent at [email protected] including: (a) your signature; (b) identification of the copyrighted work; (c) identification of the infringing material and its location on the Platform; (d) your contact information; (e) a good-faith belief statement; and (f) a statement under penalty of perjury that the information is accurate and you are authorized to act.

If you believe your Content was removed in error, you may submit a counter-notification to the same address with: (a) your signature; (b) identification of the removed material; (c) a good-faith belief statement that the removal was in error; and (d) your contact information and consent to jurisdiction.

12.3 Repeat Infringer Policy

We will terminate accounts of users against whom we receive more than two valid, un-countered DMCA notifications.

13. Photos and Image Uploads

By uploading a photograph to the Platform, you represent and warrant that:

You own the photograph or hold all necessary rights, licenses, and permissions to upload and display it;
The photograph does not infringe any third party's copyright, trademark, or other right;
The photograph accurately depicts the dahlia variety it purports to represent;
The photograph has not been materially altered in a way that misrepresents the variety's appearance. Reasonable adjustments to lighting, color correction, and cropping are acceptable; AI-generated images, composites, or digitally altered bloom shapes or colors are not permitted.

You bear sole responsibility for any copyright infringement or misrepresentation arising from photographs you upload. The Dahlia Hub expressly disclaims all liability for user-uploaded photographs. We reserve the right to remove any photograph at any time for any reason without notice.

14. Privacy

Our collection, use, and disclosure of personal information is governed by our Privacy Policy, incorporated here by reference. Seller shipping addresses and contact details shared with Buyers in connection with an Order may not be used for any purpose other than fulfilling that Order.

15. Platform Availability

The Platform is provided “as available.” We do not guarantee uninterrupted, error-free service. We reserve the right to modify, update, suspend, or discontinue any feature at any time without notice. We are not liable for any modification, suspension, or discontinuation of the Platform.

16. Termination and Suspension

You may terminate your account at any time by contacting us. Pending Orders must be fulfilled before closure is finalized. Outstanding balances will be paid according to our normal schedule.

We reserve the right to suspend or terminate your account at any time, with or without notice, for any reason including violation of these Terms, fraudulent activity, illegal conduct, excessive chargebacks, listing prohibited items, failure to fulfill orders, or at the request of law enforcement. Termination does not release you from obligations arising before termination.

17. Disclaimers and Limitation of Liability

The Platform is provided “as is” and “as available” without warranties of any kind, whether express, implied, or statutory, to the fullest extent permitted by applicable law. The Dahlia Hub disclaims all warranties, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant the accuracy, reliability, or completeness of any Content or Listing, the quality, safety, legality, or viability of any tubers, or the identity or trustworthiness of any user.

To the fullest extent permitted by law, in no event shall The Dahlia Hub be liable for any indirect, incidental, special, consequential, or punitive damages, including lost profits, arising from your use of the Platform or any transaction between users. Our total aggregate liability for all claims shall not exceed the greater of: (i) the total fees paid by you to The Dahlia Hub during the twelve months preceding the claim; or (ii) one hundred United States dollars ($100.00).

The Dahlia Hub is not liable for any dispute, claim, or damage arising from transactions between Buyers and Sellers, including claims related to tuber quality, identity, viability, legality, or delivery. Your sole remedy for any dispute with another user is against that user directly.

Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, our liability is limited to the fullest extent permitted by law.

18. Indemnification

You agree to indemnify, defend, and hold harmless The Dahlia Hub, its officers, directors, members, employees, and agents from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:

Your use of the Platform;
Your violation of these Terms or any applicable law;
Your Content, including any claim that it infringes a third party's intellectual property rights;
Any transaction between you and another user, including claims by Buyers that tubers were mislabeled, defective, or not delivered (if you are a Seller);
Your failure to comply with any agricultural regulation, including USDA, APHIS, state agriculture, or CITES requirements;
Your failure to collect, report, or remit applicable taxes;
Your fraud, willful misconduct, negligence, or misrepresentation.

19. Governing Law and Dispute Resolution

19.1 Governing Law

These Terms are governed by the laws of the State of Colorado, without regard to its conflict of law provisions. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

19.2 Informal Resolution

Before filing any formal legal action, you agree to first contact us at [email protected] and attempt to resolve the dispute informally for at least 30 days.

19.3 Binding Arbitration

If we cannot resolve a dispute informally, you and The Dahlia Hub agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Platform shall be resolved through binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules (for Buyers) or Commercial Arbitration Rules (for Sellers or claims exceeding $75,000). Arbitration shall be conducted in Fort Collins, Colorado, or at your election by telephone, video, or written submission.

19.4 Class Action Waiver

You and The Dahlia Hub agree that each party may bring claims only in its individual capacity and not as a plaintiff or class member in any class, collective, consolidated, or representative action. If this waiver is found unenforceable, the entirety of the arbitration provision shall be null and void.

19.5 Exceptions

Either party may bring an individual claim in small claims court, or seek injunctive relief in a court of competent jurisdiction to protect intellectual property rights.

19.6 Statute of Limitations

Any claim arising out of or relating to these Terms must be filed within one (1) year after the claim arose, or it is permanently barred.

20. Changes to These Terms

We may modify these Terms at any time. For material changes, we will update the “Last updated” date, post the revised Terms on the Platform, and notify registered users by email or a prominent Platform notice. Your continued use of the Platform after changes take effect constitutes acceptance. If you disagree, stop using the Platform and terminate your account.

21. General Provisions

Entire Agreement. These Terms, together with the Privacy Policy and incorporated policies, constitute the entire agreement between you and The Dahlia Hub.
Severability. If any provision is found unlawful or unenforceable, the remaining provisions continue in full force.
Waiver. Our failure to enforce any provision is not a waiver of that provision.
Assignment. You may not assign these Terms without our written consent. We may assign them freely, including in connection with a merger or acquisition.
No Agency. Sellers are independent third parties, not employees, agents, or representatives of The Dahlia Hub.
Force Majeure. We are not liable for failures caused by events beyond our reasonable control, including natural disasters, government actions, or failures of third-party services.

22. Contact

Questions about these Terms? Email us at [email protected].

For general support and dispute resolution: [email protected].