Terms of service
Terms of Service
This Terms of Service (“Policy”) is issued by Nexus Morphs, LLC (“Seller”) and is supplemental to, and incorporates by reference, the MorphMarket Default Store Policy. In the event of a conflict between the two, the terms of this Policy shall control unless expressly superseded in a separate written agreement executed by Seller.
Buyer’s written agreement to purchase, including but not limited to written communication within the MorphMarket Application, shall constitute acceptance of and assent to this Policy in its entirety. Upon such acceptance, this Policy shall form a binding contract between Buyer and Seller and shall govern all transactions, rights, obligations, and disputes arising from the purchase of any live animal (“Animal”) from Seller.
1. Binding Ethical Animal Care Agreement
1.1 Condition of Purchase
As a condition precedent to purchase, the buyer (“Buyer”) hereby enters into this Binding Ethical Animal Care Agreement with Seller. By purchasing any Animal from Seller, Buyer affirms, warrants, and agrees to the following:
1.1.1 Education and Competence
Buyer has obtained, or will obtain prior to receiving the Animal, sufficient knowledge and education necessary to provide for the Animal’s health, welfare, and proper maintenance.
1.1.2 Responsible Ownership
Buyer shall only accept delivery of an Animal if they are able to provide responsible, appropriate, and sustained care in compliance with all applicable laws, regulations, and accepted husbandry standards.
1.1.3 Housing Standards
Buyer shall maintain the Animal in a clean, well-constructed, secure, and species-appropriate enclosure designed to ensure the Animal’s safety, comfort, and overall health.
1.1.4 Lifespan Commitment
Buyer acknowledges the natural lifespan of the Animal and agrees to provide proper care, nutrition, and housing for the full duration of the Animal’s life.
1.1.5 Animal Welfare Priority
The health, well-being, and safety of the Animal shall take precedence over convenience, profit, or any other consideration.
1.1.6 Safety and Environmental Responsibility
Buyer shall maintain practices that protect public safety, the integrity of local ecosystems, and their own personal safety as an Animal keeper.
1.1.7 Prohibition on Release
Buyer shall not, under any circumstances, intentionally release any non-native species into the wild. If Buyer is unable to continue caring for the Animal, Buyer must make lawful and responsible arrangements for rehoming through private transfer, licensed facilities, or recognized rescue organizations.
1.2 Binding Effect
This section is a material term of sale. Any violation shall constitute a breach of contract and may be reported to MorphMarket, relevant licensing authorities, or other governing bodies.
2. Payment Terms
2.1 Buyer shall remit full payment within four (4) hours of confirmation of a sale.
2.2 Failure to remit payment within this timeframe grants Seller the unilateral right to rescind the agreement and offer the Animal to other prospective buyers without notice.
2.3 Unless expressly agreed to in writing prior to purchase, all payments must be made in full. Partial payments or payment plans require a written agreement executed by both parties (including, but not limited to, text or email confirmation).
2.4 Payments made via PayPal are subject to an additional five percent (5%) service charge.
3. Holds
3.1 Holds are granted solely at Seller’s discretion and are not guaranteed.
3.2 A non-refundable deposit equal to twenty-five percent (25%) of the total purchase price is required to initiate a hold.
3.3 Eligibility for holds is determined based on factors including the Animal’s age, rarity, and market demand.
3.4 Seller will set the duration of the hold period in writing.
3.5 Buyer must remit the remaining balance by 9:00 PM PST on the final day of the agreed-upon hold period. Failure to do so will result in forfeiture of the hold, relisting of the Animal, and retention of the deposit as a non-refundable convenience fee.
4. Payment Plans
4.1 Availability
Payment plans are offered at Seller’s sole discretion and must be agreed to in writing prior to purchase.
4.2 Deposit Requirement
Buyer shall remit a non-refundable deposit equal to twenty five percent (25%) of the total purchase price at the time of initiating the payment plan.
4.3 Balance Due
The remaining balance shall be paid in full within thirty (30) calendar days of the initial deposit for purchases up to $1000. The remaining balance shall be paid in full within ninety (90) calendar days of the initial deposit for purchases over $1000.
4.4 Default
Failure to remit the balance within the thirty (30) day period will result in forfeiture of the deposit, cancellation of the payment plan, and relisting of the Animal for sale.
5. Live Arrival & Health Guarantee
5.1 General Guarantee
All Animals are guaranteed to be healthy and feeding at the time of shipment.
5.2 Health Guarantee
5.2.1 A 10-day pre-shipment health guarantee is provided.
5.2.2 Live arrival is guaranteed only on the first delivery attempt.
5.3 Exceptions to Guarantee
The live arrival guarantee is void if:
5.3.1 Buyer was not present for the first delivery attempt; or
5.3.2 Delivery was delayed due to weather, acts of God, carrier disruptions, or any other event beyond Seller’s control.
5.4 Dead-On-Arrival (DOA) Policy
If an Animal arrives deceased:
5.4.1 Buyer must contact Seller via text message to the number listed in Seller’s store within thirty (30) minutes of delivery, accompanied by photographic evidence.
5.4.2 The DOA policy is void if the Animal is not picked up within two (2) hours of arrival at the designated delivery facility or FedEx Hub.
5.4.3 Upon verification of a valid DOA claim, Seller will issue a refund of the Animal’s purchase price. Shipping charges are non-refundable.
6. Returns
6.1 Returns are accepted only at Seller’s sole discretion and are not encouraged.
6.2 Buyer has three (3) calendar days from the date of delivery to request a return.
6.3 Buyer is responsible for all return shipping logistics and costs.
6.4 Seller assumes no liability for the Animal during return transit.
7. Refund Terms
7.1 Eligibility for Refunds
Refunds will only be considered under the following conditions:
7.1.1 A valid Dead-On-Arrival (DOA) claim under Section 5;
7.1.2 A return approved at Seller’s sole discretion under Section 6; or
7.1.3 A cancellation processed in accordance with Section 8.
7.2 Non-Refundable Deposits
All deposits made under Holds (Section 3) or Payment Plans (Section 4) are strictly non-refundable under any circumstances. Buyer expressly acknowledges and agrees that deposits represent liquidated damages for the time, effort, and opportunity cost incurred by Seller.
7.3 Refund Processing on Returns
If Seller approves a return:
7.3.1 The returned Animal must be received by Seller;
7.3.2 A licensed exotic veterinarian will inspect the Animal; and
7.3.3 The Animal must be confirmed to be in the same health condition as at the time of shipment.
7.4 Refund Deductions
7.4.1 Any veterinary examination costs will be deducted from the refundable amount.
7.4.2 If treatment is required, such costs will also be deducted.
7.4.3 If neglect, abuse, or health discrepancies are observed, Seller may deny the refund entirely and refuse future sales to Buyer.
7.5 Refund Timeline
If a refund is approved, the refundable balance (after all deductions and subject to Section 7.2) will be processed within one (1) to three (3) business days, depending on the original payment method.
7.6 Cancellations & Deposit Enforcement
Refunds in connection with Buyer cancellations are subject to Section 8. Deposits or partial payments retained by Seller under cancellation or default provisions are not eligible for refund and override any contrary term herein.
8. Cancellation & Buyer Default
8.1 Cancellations by Buyer
If Buyer cancels a sale prior to shipment after payment has been made, the following shall apply:
8.1.1 Any deposit made toward the purchase price — whether under a Hold or Payment Plan — is strictly non-refundable and will be retained by Seller.
8.1.2 For purchases paid in full, a fifty percent (50%) cancellation fee will be withheld from the purchase price.
8.1.3 Shipping costs already incurred by Seller (including preparation and materials) shall not be refunded.
8.1.4 Any remaining refundable balance (after deductions in 8.1.1 through 8.1.3) will be returned to Buyer within five (5) business days.
8.2 Default by Buyer
If Buyer fails to remit payment as required under the terms of this Policy (including Holds or Payment Plans), Buyer shall be considered in default. Upon default:
8.2.1 Seller shall retain any deposit or partial payments made as liquidated damages.
8.2.2 The Animal will be relisted for sale.
8.2.3 Buyer forfeits any right, title, or claim to the Animal.
9. Shipping Policy
9.1 Shipping Days
Animals are shipped Monday through Wednesday via overnight FedEx Priority to the nearest FedEx Hub for in-person pickup only, subject to Seller approval.
9.2 Arrival of Shipment
Buyer and Seller will mutually agree in writing on a shipment and arrival date at least twenty four (24) hours prior to shipping.
9.2.1 Shipments are expected to arrive prior to 10:30 AM in Buyer’s time zone.
9.3 Right to Delay
Seller reserves the right to delay shipping due to unsafe weather, holidays, or other circumstances potentially impacting animal welfare.
10. Sex Determination Disclaimer
10.1 Sexing
Sexing of juvenile reptiles is an educated assessment and not a guarantee.
10.1.1 Animals labeled “Male” are probable males based on visible hemipenal bulge.
10.1.2 Animals labeled “Female” are probable females in the absence of such characteristics.
10.2 Acknowledgment
Buyer acknowledges that sex cannot be definitively confirmed until later in development.
11. No Chargebacks
11.1 Waiver of Chargeback Rights
By entering into this agreement, Buyer expressly agrees not to initiate, pursue, or authorize any credit card chargeback, PayPal dispute, or third-party payment reversal against Seller for any transaction covered by this Policy.
11.2 Binding Nature of Policy
Buyer acknowledges that this Policy constitutes a binding contract. All payments, deposits, fees, and non-refundable terms outlined herein shall take precedence over any attempted chargeback or dispute filed through financial institutions.
11.3 Chargeback as Breach
Any chargeback, dispute, or reversal filed by Buyer in contravention of this Policy shall constitute a material breach of contract. Upon such breach:
• Seller shall retain all deposits, fees, or payments as liquidated damages;
• Buyer forfeits any rights or claims to the Animal(s);
• Seller reserves the right to pursue legal remedies, including recovery of costs, attorney’s fees, and damages.
11.4 Survival
This clause shall survive the termination, cancellation, or fulfillment of any sale.
12. Governing Law & Venue
12.1 Governing Law
This Policy, and any disputes, claims, or controversies arising out of or relating to it, shall be governed by and construed in accordance with the laws of the State of California, without regard to conflict-of-law principles.
12.2 Venue
Buyer agrees that the exclusive venue for any legal action or proceeding arising out of this Policy shall be the state courts located in Orange County, California. Buyer expressly waives any objection to jurisdiction or venue, including claims of forum non conveniens.
12.3 Attorney’s Fees
In the event of a dispute resulting in legal action, the prevailing party shall be entitled to recover reasonable attorney’s fees and costs incurred.
By purchasing from Nexus Morphs, LLC, Buyer acknowledges and agrees to all terms and conditions stated in the Policy, including the Binding Ethical Animal Care Agreement.