Terms & Conditions

Updated 10/10/2020

Tortoise Conservation MN Terms & Conditions Policy

Below are the terms and conditions governing this website, its visitors, and all transactions therein. 

Welcome to Tortoiseconservationmn.com. If you continue to browse and use this website, you are agreeing to comply with, and be bound by, the following terms and conditions, which together with our privacy policy govern Tortoise Conservation MN's relationship with you in relation to this website. If you disagree with any part of these terms and conditions, please do not use this website.

The term "TCMN" or "tortoiseconservationmn.com" or "us" or "we" refers to Tortoise Conservation MN. The term "you" or "“your" refers to the user or viewer of this website.

We are not responsible in any way, for the actions of the animal(s) you order through us. If you get bit, stung, or anything else as it relates to the animal, it is solely your responsibility and you agree to indemnify and hold us harmless from any liability therein. Always exercise caution, especially with venomous animals. We are not culpable for what the animals do once they are shipped. Order at your own risk.

All live deliveries are guaranteed on the first delivery attempt, however, after that all guarantees are void. The buyer must be present to receive the package on the first attempt without exception. Tortoise Conservation MN is not responsible for any veterinary expenses or costs incurred by the buyer for any animal. If you take any animal purchased from Tortoise Conservation MN to a veterinarian, you do so entirely at your own expense. 

Live and visibly healthy arrival is only guaranteed when shipping temperatures at both ends are between 35 - 90 F for home delivery and 30 - 95 F for having the animal shipped to a FedEx Hub Customer Center for pick up. We will still guarantee the animal if you opt to have the package held at a FedEx Hub Customer Center for pick up, however, the animal must be picked up within 4 hours of arrival at the FedEx Hub Customer Center or all guarantees are void. Otherwise, we can hold the animal(s) at our facility until temperatures are safe for shipping. Also note that we are not responsible for carrier delays or mishandling resulting in DOA (Dead on Arrival) animals. We cannot be held responsible for shipping charges incurred for upholding our guarantee; they are the responsibility of you, the buyer. We do not offer credits or refunds on shipping for replacement animals. 

If your shipment arrives deceased, is visibly unhealthy or is damaged in any way upon arrival the customer must notify Tortoise Conservation MN of the deceased or unhealthy animal immediately upon receiving the animal(s). The arrival time will be determined by the tracking information FedEx provides online of the delivery. If the first attempt of delivery is missed, then all live and visibly health arrival guarantees are null and void. An email with a photo attached of the contents of the shipment must be emailed within one hour of arrival or all guarantees are null and void. 

Please note: You expressly acknowledge that you are solely responsible for properly researching and following the appropriate federal, state, and local laws which apply to your ownership of any animal(s) that you may purchase from us. Specifically, you agree to indemnify and hold us harmless from any responsibility or liability in relation to fulfilling your responsibility to both research and adhere to the appropriate federal, state, and local laws which apply to your ownership of any animal(s) that you may purchase from us. Please consult your federal, state, and local laws which apply to your ownership of any animal(s) that you may purchase from us prior to such purchase.

Tortoise Conservation MN reserves the right to refuse a sale to any buyer, for any reason. This includes no sales to minors. We reserve the right to ask for ID verification before shipping any order if for any reason fraudulent orders are suspected. All verified fraudulent orders are reported to the federal authorities. This includes but is not limited to credit card fraud. No order is too small. In other words: there are no minimum orders. Nevertheless, we reserve the express right to limit orders if otherwise required by applicable local, state, or federal law. Customers are obligated to pay for the products or services of this website, unless specifically notified otherwise. Customers that sign up agree to timely pay us all charges at the prices then in effect. In addition, Customers authorize us to charge their chosen payment provider. We reserve the right to correct any errors or mistakes that we make even if we have already requested or received payment. At our sole discretion, refunds or credits may be granted in extenuating circumstances or to correct any errors made by us.

You must be at least 18 years of age to place an order on this site. Agreeing to our terms signifies your adherence to this rule. We will not knowingly collect any information from children under 13. You must identify your age during the registration process if requested. We take the Children's Online Privacy Protection Act of 1998 (COPPA) as well as all FTC regulations very seriously, and our policies and procedures are designed to maintain strict compliance with the Rules and Regulations set forth thereunder. We do not assume any responsibility for any misrepresentations regarding the age of any user made in connection with any user’s registration for or use of this website. We reserve the right to terminate without notice the access of any user if we believe that the user has provided any false information to use when using this website. Should we determine that you provided any false information to us when using this website, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

The preferred sex/gender of each reptile, amphibian, and invertebrate (if selected) is not guaranteed, most notably with hatchling and juvenile animals. We make our best-efforts using decades of knowledge and experience, but we are not always 100% accurate. Reptiles are generally easy to determine sex/gender at a Juvenile state, but we still group them in with the overall disclaimer.

The pictures on this website are simply representative of each species. This means the specific reptile, amphibian, or invertebrate you receive may or may not look identical or like the photographic depiction. Our available stock moves too quickly to provide us with an opportunity to constantly update online photos.

To place an order with us, you must accept all terms and conditions of this website by clicking "Yes" during the checkout process. Rest assured, we are very reasonable and always work to keep our customers extremely pleased (not just satisfied). 

Please be advised that Title 21, Code of Federal Regulations, Section 1240.62(b), as amended, prohibits any viable turtle eggs or live turtles with a carapace length of less than 4 inches to be sold, held for sale, or offered for commercial or public distribution.

All turtles and tortoises made available through this website with a carapace length of fewer than four inches are sold for bona fide scientific, educational, or exhibition purposes only, in accordance with Title 21, Code of Federal Regulations, Section 1240.62(b), as amended. Your order will not be accepted without your acknowledgement of, and adherence to, the undersize turtle regulation during the checkout process by clicking "Yes" to our terms and conditions, thus providing your digital signature.

The term “turtles” as used in the controlling regulation means “all animals commonly known as turtles, tortoises, terrapins, and all other animals of the order Testudinata, class Reptilia, except marine species (familiesDermachelidae and Chelonidae).” See Title 21, Code of Federal Regulations, Section 1240.62(a), as amended.

The only exceptions allowed by law are set forth in Title 21, Code of Federal Regulations, Section 1240.62(d), as amended, which permits:

1. The sale, holding for sale, and distribution of live turtles and viable turtle eggs for bona fide scientific, educational, or exhibitional purposes, other than as pets;

2. The sale, holding for sale, and distribution of live turtles and viable turtle eggs not in connections with a business;

3. The sale, holding for sale, and distribution of live turtles and viable turtle eggs intended for export only, provided that the outside of the shipping package is conspicuously labeled, "For Export Only;" and

4. Marine turtles excluded from this regulation in accordance with Title 21, Code of Federal Regulations, Part 1240.62(a), as amended, and eggs of such turtles.

Violations of any provision of these regulations are punishable by fine, imprisonment for up to one year, and civil seizure and forfeiture actions.

The service marks and trademarks "Tortoise Conservation MN" and "Tortoiseconservationmn.com" including any logo, slogan or word mark are service marks owned by us. Any other trademarks, service marks, logos and/or trade names appearing on this website are the property of their respective owners. You acknowledge our rights and the respective third parties in those marks. You may not copy or use any of these marks, logos, or trade names without the prior written permission of the owner as expressly allowed by these terms and conditions.

Links from this website to external sites or inclusion of advertisements do not constitute an endorsement by us of such sites or the content, products, advertising and other materials presented on such sites or of the products and services that are the subject of such advertisements, but are for your reference and convenience. You access them at your own risk. It is the responsibility of you to evaluate the content and usefulness of the information obtained from other sites. We do not control such sites and are not responsible for their content. Just because we may have hyperlinks to such sites does not mean that we endorse any of the material on such sites or have any association with their operators. You further acknowledge that use of any site controlled, owned, or operated by third parties is governed by the terms and conditions of use for those sites, and not by our terms and conditions or privacy policy. We expressly disclaim any liability derived from the use and/or viewing of links that may appear on this website. You hereby agree to indemnify and hold us harmless from any liability that may result from the use of links that may appear on this website.

If there is any dispute arising out of this website, by using this website, you expressly agree that any such dispute shall be governed by the laws of the State of Minnesota, without regard to its conflict of law provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the state and federal courts of the State of Minnesota, for the resolution of any such dispute.

Nothing in these terms and conditions shall be construed as making either party the partner, joint venture, agent, legal representative, employer, contractor, or employee of the other. Neither party shall have, or hold itself out to any third party as having, any authority to make any statements, representations, or commitments of any kind, or to take any action, that shall be binding on the other, except as provided for herein or authorized in writing by the party to be bound. These terms and conditions will be binding on and will inure to the benefit of the legal representatives, successors and assigns of the parties hereto.

NO WARRANTY. The information and materials contained in this website, including text, graphics, information, links, or other items are provided "as is", "as available". WE DO NOT WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF THIS INFORMATION AND MATERIALS AND EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THIS INFORMATION AND MATERIALS. NO WARRANTY OF ANY KIND, IMPLIED, EXPRESSED OR STATUTORY INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND FREEDOM FROM COMPUTER VIRUS, IS GIVEN IN CONJUNCTION WITH THE INFORMATION AND MATERIALS.

NO LIABILITY. Under no circumstances will we, our agents and employees, officers, directors, corporate partners, or participants be liable for any damages, including without limitation direct or indirect, special, incidental, or consequential damages, losses or expenses arising in connection with this website, any information received from this website, any email distributed to any user or any linked website or use thereof or inability to use by any party, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if we, or representatives thereof, are advised of the possibility of such damages, losses or expenses. You release us and our agents, officers, directors, corporate partners, and employees from claims, demands and damages (actual or consequential) of every kind and nature, known and unknown, disclosed and undisclosed, arising out of or in any way connected with any such disputes. The website and its content are provided "AS-IS" and WE EXPRESSLY DISCLAIM ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

We utilize a collection agency for all debts which arise from customers acting outside the agreed upon terms and conditions. This includes chargebacks for non-covered animals, fraudulent orders, and other customer-initiated abuses.

These terms and conditions govern your use of tortoiseconservationmn.com. By placing an order with tortoiseconservationmn.com, you are signifying your compliance with our complete terms and conditions. If you do not accept these terms and conditions, please do not use this website. The entire tortoiseconservationmn.com website is wholly owned and operated by Tortoise Conservation MN.

Tortoise Conservation MN LLC * 5631 Otter View Trail * St. Paul, MN 55110 * 651-417-0420 * admin@tortoiseconservationmn.com

© 2020 by Tortoise Conservation MN LLC