Terms & Conditions
Terms & Conditions
Last updated: September 25, 2025
Welcome to FarmersMarket.store ( “Site,” “Marketplace,” “we,” “our,” or “us” ). By visiting, browsing or using any part of the Site, its related mobile-responsive web application, or affiliated services (collectively, the “Platform”) you (“you,” “User,” “Customer,” or “Vendor”) agree to be legally bound by these Terms & Conditions (“Terms”). If you do not agree, do not use the Platform.
1. Overview of the Platform
FarmersMarket.store operates an online marketplace that connects independent food producers (“Vendors”) with retail and wholesale buyers (“Customers”). We provide discovery, storefront tools, order processing, payment facilitation via Stripe Connect, and optional same-day delivery fulfilled by third-party logistics partners (e.g., Uber Eats).
2. Eligibility
You must be at least 18 years old and able to form a legally binding contract to use the Platform. By creating an account you represent that you meet all eligibility requirements under applicable laws.
3. Account Registration & Security
- Users must create an account using accurate, complete, and up-to-date information.
- You are responsible for all activity on your account. Safeguard your password and notify us immediately of any unauthorised use.
- We may, at our discretion, suspend or terminate accounts for violations of these Terms or for suspected fraud.
4. Relationship of Parties
FarmersMarket.store is a neutral venue. Vendors are independent businesses—they are not employees, agents, or representatives of the Marketplace. Vendors retain title to and bear all responsibility for the products they list.
5. Listing & Selling Products (Vendors)
- Vendors must comply with all applicable food-safety, labelling and licensing laws.
- Only list items that you legally own and can fulfill promptly.
- Vendors set their own prices and inventory levels through the self-service dashboard.
- The Marketplace reserves the right to remove any listing that violates these Terms or applicable law.
6. Payments, Fees & Payouts
6.1 Stripe Connect
All payments are processed through Stripe Connect, a PCI DSS Level 1-certified payment processor. By selling on the Platform you agree to Stripe’s Connect Account Agreement and any applicable Stripe policies.
6.2 Commission & Processing Fees
- Commission: The Marketplace retains 10 % of the gross merchandise value of each completed sale; Vendors receive the remaining 90 %.
- Processing fee: Customers pay a 2.9 % + $0.30 Stripe transaction fee on each order; this fee is passed through and not retained by the Marketplace.
- Payout fee: Stripe charges Vendors 0.25 % + $0.25 per payout to a U.S. bank account. This fee is deducted by Stripe before funds reach the Vendor.
6.3 Payout Schedule
- Default payout frequency is weekly (Friday).
- Vendors may enable instant payouts for an additional 1 % fee (subject to Stripe and bank availability).
- The Marketplace may impose delayed payouts (up to 90 days) to mitigate fraud or disputes, consistent with Stripe’s “delayed payouts” feature.
7. Ordering & Delivery (Customers)
- Orders may include items from multiple Vendors in a single cart.
- Standard delivery fee is $10 per order; free for qualifying Market PLUS members.
- Delivery times are estimates. Risk of loss passes to the Customer upon confirmed delivery.
- Delivery services are provided by independent third-party couriers; we are not liable for acts or omissions of these couriers beyond the remedies in our Refund Policy.
8. Cancellations, Returns & Refunds
Refunds are governed by our separate Refund & Return Policy, which forms part of these Terms.
9. Prohibited Activities
Users may not:
- Use the Platform for illegal goods or transactions;
- Post false, misleading, or defamatory content;
- Infringe any third-party intellectual-property rights;
- Circumvent fees or Stripe payment flow;
- Interfere with or disrupt Platform security.
10. Intellectual Property
All Marketplace content (logos, graphics, text, code, etc.) is the property of FarmersMarket.store or its licensors. You may not reproduce, distribute or create derivative works without written permission. Vendors retain all rights to their own product images and brand assets but grant the Marketplace a non-exclusive, royalty-free licence to display such content on the Platform and marketing channels.
11. Privacy
Your use of the Platform is also governed by our Privacy Policy, which explains how we collect, use and protect your personal data.
12. Disclaimer of Warranties
The Platform is provided “as is” without warranty of any kind, express or implied. We do not warrant that the Site will be uninterrupted, secure, or error-free, nor that products will meet your expectations beyond what is promised in the Refund Policy.
13. Limitation of Liability
To the fullest extent permitted by law, FarmersMarket.store (including its officers, directors and employees) will not be liable for indirect, incidental, special or consequential damages arising out of or related to these Terms or the use of the Platform. Our total liability to any User for any claim will not exceed the greater of (a) the amount paid by the User to the Marketplace in the 12 months preceding the event or (b) USD 100.
14. Indemnification
You agree to indemnify and hold harmless FarmersMarket.store and its affiliates from any claim, loss, or demand (including reasonable attorneys’ fees) arising out of your breach of these Terms, violation of law, or infringement of third-party rights.
15. Governing Law & Dispute Resolution
These Terms are governed by the laws of the State of Colorado, USA, without regard to conflict-of-law principles. Any dispute shall first be attempted to be resolved through good-faith negotiation; failing that, disputes will be submitted to binding arbitration in Grand Junction, Colorado, under the rules of the American Arbitration Association. Either party may seek injunctive relief in any court of competent jurisdiction for intellectual-property or data-security violations.
16. Modifications
We may update these Terms at any time. Changes become effective on posting; material changes will be announced via email or on the Site. Continued use of the Platform constitutes acceptance of revised Terms.
17. Termination
We may suspend or terminate your account for breach of these Terms or for any reason with reasonable notice. Sections relating to intellectual property, payments due, disclaimers, limitations of liability and dispute resolution survive termination.
18. Contact
19. Food Safety, Delivery & Legal Compliance (Vendors) — Colorado Focus
19.1 Applicability. If you sell or deliver perishable foods in Colorado via the Platform, you must comply with the Colorado Retail Food Establishment Rules (adopting the FDA Food Code 2022) and all local health-department requirements. Vendors outside Colorado must follow analogous rules in their jurisdiction.
19.2 Temperature Control. Vendors must keep Time/Temperature Control for Safety (TCS) foods:
- Cold: at or below 41°F (5°C) until handoff;
- Hot: at or above 135°F (57°C) until handoff.
Temperature control must be maintained during staging, loading, and transportation. If temperature control is impracticable for limited periods, Vendors may use Time as a Public Health Control (TPHC) only under a written procedure meeting Food Code requirements (time-marking and discard limits).
19.3 Packaging & Tamper Protection. All items must be covered/sealed and, where applicable, use tamper-evident closures. Raw animal foods must be packaged and segregated from ready-to-eat items to prevent cross-contamination.
19.4 Third-Party Delivery Consent. Vendors acknowledge that Colorado law requires merchant consent for third-party delivery. By using the Platform’s delivery options (e.g., Uber Direct/Uber Eats), Vendors provide consent and will not authorize any unapproved third party to deliver listed items outside the Platform’s workflow.
19.5 Licensed Facilities; Cottage Foods. Vendors must hold all licenses/permits required for their products and facility type. Cottage-food sellers may list only non-TCS items as permitted by law. Perishable items must be produced and staged from licensed facilities (e.g., commissary or inspected farm kitchen) and labeled per law.
19.6 Required SOPs & Forms (Download, Print, Use).
Vendors agree to download, print, and follow the Marketplace’s current:
- Delivery SOP — Perishable Foods via Uber Direct (Colorado), and
- TPHC Procedure & Log (Colorado) (if TPHC is used).
Both are available on our website. Vendors are solely responsible for training staff, implementing these SOPs, and using the TPHC log for every applicable order.
19.7 Records & Retention. Vendors must maintain and promptly provide upon request:
- Handoff temperature checks (spot checks permitted);
- TPHC forms/logs where used;
- Sanitation and thermometer-calibration logs;
- Delivery consent/agreements and licenses/permits.
Unless a longer period is required by law, retain records for at least 12 months from the date of sale.
19.8 Inspections & Audits. Vendors agree to reasonably cooperate with health-department inquiries and to provide the Marketplace—upon written request—copies of licenses, inspection reports, SOP confirmations, and relevant logs. We may pause or remove listings, delay payouts, or suspend Vendor accounts for noncompliance.
19.9 Incident Reporting & Recalls. Vendors must notify the Marketplace within 24 hours of any suspected temperature deviation, contamination, tampering, or recall affecting listed items, and must comply with all recall/withdrawal actions and customer notifications required by law.
19.10 Allocation of Responsibility. Vendors are solely responsible for the safety, legality, labeling, and delivery readiness of their products at handoff. Vendors will indemnify the Marketplace for claims arising from their failure to follow applicable laws, this Section 19, or the SOP/TPHC requirements.
19.11 Updates. We may update SOPs and forms. Vendors must implement new versions within 10 days of posting unless a shorter period is mandated by law.
Questions about these Terms?
The Farmers Market, LLC
www.FarmersMarket.store
113 N. Park Square P.O. Box 461, Fruita, CO 81521
☎ 1-(970) 239-1243 ✉ hello@farmersmarket.store
By using the Platform you acknowledge that you have read, understood and agreed to these Terms & Conditions.