Vendor TOS - Cottage Cuisine

Terms of Service Agreement for Vendors

Effective Date: 6/24/2024

1. Introduction

Welcome to cottagecuisine.com (“Platform”). This Platform is operated by Cottage Cuisine AZ (“Company”, “we”, “us”, “our”) and allows sellers of homemade food products to connect with buyers in Arizona. By registering as a seller (“Seller”, “you”, “your”) on our Platform, you agree to comply with and be bound by the following terms and conditions (“Terms of Service”, “Agreement”).

2. Eligibility

To register as a Seller on our Platform, you must be at least 18 years old and comply with all local, Arizona state, and federal laws and regulations regarding the preparation, sale, and distribution of homemade food products. Food items must be made and sold within the state of Arizona. Food preparers must have a food handler’s card from an accredited program and register with the Arizona Department of Health Services.

3. Registration and Account

3.1. Account Creation: To sell on the Platform, you must create an account, providing accurate and complete information. You are responsible for maintaining the confidentiality of your account and password and for all activities that occur under your account.

3.2. Verification: We reserve the right to verify the information provided by Sellers and to suspend or terminate accounts that provide false or misleading information.

4. Seller Responsibilities

4.1. Compliance with Laws: Sellers must comply with all applicable local, state, and federal laws, regulations, and guidelines, including but not limited to food safety, labeling, and packaging requirements.

For detailed information see Arizona House Bill 2042 at https://www.azleg.gov/legtext/56leg/2R/bills/HB2042H.pdf

4.2. Quality and Safety: Sellers are responsible for ensuring that their food products are safe for consumption, properly labeled, and prepared in a sanitary environment. Any meat products must originate from an inspected source compliant with federal regulations.

4.3. Product Listings: All product listings must be accurate, complete, and not misleading. Sellers must update their listings to reflect any changes in product availability, pricing, or description.

4.4. Order Fulfillment: Sellers must fulfill orders promptly and communicate clearly with buyers regarding any issues or delays. Foods containing meat, poultry, or dairy MUST be delivered by the preparer in person within the Arizona Department of Health Services specified time frame and under appropriate temperature control. Non-meat, poultry, or dairy products can be sold and delivered by third parties.

COTTAGE FOOD PRODUCTS THAT DO NOT CONTAIN DAIRY, MEAT OR POULTRY MUST BE SOLD BY THE FOOD PREPARER OF THE COTTAGE FOOD PRODUCT OR AN AGENT OF THE FOOD PREPARER, INCLUDING A THIRD-PARTY VENDOR, AND DELIVERED TO THE CONSUMER BY THE FOOD PREPARER, THE AGENT OF THE FOOD PREPARER, THE THIRD-PARTY VENDOR OR A THIRD-PARTY CARRIER.

4.5. Food Labels: Packaging will require a detailed list of ingredients, the name of the preparer along with their registration number, and the production date. The label must have a website address provided by the Department of Health Services that includes all of the following:

(a) CONTACT INFORMATION FOR CONSUMERS TO REPORT FOODBORNE ILLNESSES.

(b) INFORMATION ON HOW TO VERIFY A FOOD PREPARER’S ACTIVE REGISTRATION STATUS.

4.6. Pet Allergen Disclaimer: A disclaimer noting potential pet allergens present in the home kitchen must also be prominently displayed on the product label using THE FOLLOWING STATEMENT: “THIS PRODUCT WAS PRODUCED IN A HOME KITCHEN THAT MAY COME IN CONTACT WITH COMMON FOOD ALLERGENS AND PET ALLERGENS AND IS NOT SUBJECT TO PUBLIC HEALTH INSPECTION.”

5. Fees and Payments

5.1. Service Fees: The Platform may charge service fees for the use of its services. These fees will be clearly communicated to Sellers and may be subject to change.

5.2. Payment Processing: Payments from buyers will be processed through the Platform’s payment system. Sellers will receive payouts according to the payout schedule specified on the Platform.

6. Prohibited Activities

Sellers are prohibited from:

Selling food products that do not comply with applicable laws and regulations.
Selling alcoholic beverages, fish, shellfish, marijuana, or marijuana by-products through this site.
Misrepresenting their products or services.
Engaging in fraudulent or deceptive practices.
Using the Platform for any illegal or unauthorized purpose.

7. Intellectual Property

Sellers retain ownership of the content they create, including product listings, descriptions, and images. By using the Platform, Sellers grant the Company a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, and display such content in connection with the operation of the Platform.

8. Termination

We reserve the right to suspend or terminate a Seller’s account at any time, without notice, for any reason, including but not limited to violations of these Terms of Service.

9. Limitation of Liability

To the fullest extent permitted by law, the Company shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from the Seller’s use of the Platform.

10. Indemnification

Sellers agree to indemnify and hold harmless the Company, its affiliates, and their respective officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses, including legal fees, arising out of or in any way connected with their use of the Platform or violation of these Terms of Service.

11. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of Arizona, without regard to its conflict of law principles.

12. Changes to the Terms of Service

We reserve the right to modify these Terms of Service at any time. We will notify Sellers of any significant changes by posting the new Terms of Service on the Platform. Your continued use of the Platform after such changes constitutes your acceptance of the new Terms of Service.

13. Contact Information

For any questions or concerns about these Terms of Service, please contact us at:

Cottage Cuisine AZ
admin@cottagecuisine.com

By registering as a Seller on cottagecuisine.com, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.