TERMS OF SERVICE
Terms & Conditions
Terms of Service for Butter & Sage Market
Last updated: 06/01/2025
Welcome to Butter & Sage Market! These Terms & Conditions (“Agreement”) govern your use of our multi-vendor e-commerce platform (“site”). By accessing or using Butter & Sage Market, you agree to comply with and be bound by these Terms, along with any other applicable policies, disclaimers, or guidelines. If you do not agree to these Terms, you should not use our website, services, or marketplace.
IMPORTANT: PLEASE REVIEW THE “DISPUTE RESOLUTION” SECTION BELOW CAREFULLY, AS IT WILL REQUIRE YOU TO RESOLVE ANY DISPUTES WITH BUTTER & SAGE MARKET, NO MATTER WHEN THEY ARISE, THROUGH BINDING INDIVIDUAL ARBITRATION (EXCEPT FOR CLAIMS OF SEXUAL ASSAULT OR SEXUAL HARASSMENT ARISING OUT OF YOUR USE OF THE PLATFORM OR SERVICES). BY USING THE SERVICES OF BUTTER & SAGE MARKET, YOU AND BUTTER & SAGE MARKET BOTH AGREE TO WAIVE ANY RIGHTS TO A TRIAL BY JURY. IN ARBITRATION, THERE IS NO JUDGE OR JURY, AND DISCOVERY AND APPELLATE REVIEW ARE MORE LIMITED THAN IN COURT. YOU FURTHER AGREE TO WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION AGAINST BUTTER & SAGE MARKET, WHETHER CURRENTLY PENDING OR FILED IN THE FUTURE. IF A CLASS ACTION OR REPRESENTATIVE ACTION IS INITIATED AGAINST BUTTER & SAGE MARKET, THIS AGREEMENT WILL STILL APPLY UNLESS YOU CHOOSE TO OPT OUT AS DESCRIBED IN THE “DISPUTE RESOLUTION” SECTION BELOW. BY AGREEING TO THESE TERMS, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY ALL TERMS AND CONDITIONS OF THIS AGREEMENT, AND YOU UNDERSTAND THE IMPLICATIONS OF THIS DECISION.
Arbitration Notice and Class Action Waiver: Except for specific disputes outlined in the Arbitration Agreement section below, you agree that any disputes between you and us will be resolved through binding, individual arbitration. You also waive your right to participate in any class action lawsuit or class-wide arbitration.
1. Introduction
Butter & Sage Market is an online e-commerce multi-vendor platform that facilitates the buying and selling of products by independent vendors (sellers). We provide the marketplace and tools for sellers to showcase their products, but we do not directly sell the products. All transactions between buyers and sellers are the responsibility of the individual parties involved. These Terms & Conditions apply to all users of the website, including both buyers and sellers.
2. Seller Responsibilities (Seller Agreement)
You agree to use the Services and any Products you obtain solely for your personal, internal, non-commercial purposes (except as necessary to sell Artisan Goods, as defined below, through the Services in compliance with these Terms), and not on behalf of or for the benefit of any third party. Additionally, you will use the Services only in a manner that complies with all applicable laws. You are responsible for adhering to all laws that govern your use of the Services, as well as any actions or omissions related to the Services. For example, Vendors (sellers) must comply with all relevant laws concerning seller goods (as defined below), including federal, state, or local regulations related to food preparation and sales. If your use of the Services or Products violates any applicable laws, you are not authorized to use them. We are not responsible for any illegal use of the Services or Products on your part.
You affirm and guarantee that you are of legal age to enter into a binding contract, or if not, you have obtained permission from a parent or guardian to use the Services, and they have agreed to these Terms on your behalf. If you are accepting these Terms on behalf of an organization or entity, you represent and warrant that you have the authority to bind that organization or entity to these Terms, in which case, the references to “you” and “your” in these Terms, except for this sentence, will refer to that organization or entity.
2. (Seller Agreement) As a seller on Butter & Sage Market, you acknowledge and agree to:
– Provide accurate, current, and truthful information about your products, including descriptions, pricing, and availability.
– Comply with all applicable laws and regulations governing the sale of your products, including but not limited to consumer protection, tax, and health and safety laws.
– Maintain the confidentiality and security of your seller account credentials.
– Process and fulfill orders promptly, including timely communication with buyers regarding order status and shipping.
– Ensure your products meet Butter & Sage Market’s standards for quality and safety.
– Respond to any buyer inquiries or disputes within a reasonable time frame.
– Bear full responsibility for any legal or financial consequences of your business operations, including refunds, returns, and customer complaints.
– Maintain individual shop policies (including but not limited to shipping, pickup, delivery, payments, refunds, selling policies, ingredients, allergens) .This includes, but is not limited to, the accurate description of products, authorizing charges to the Customer for their purchases, taxes, refunds, returns, shipping, order fulfillment, and providing customer service. It also covers issues related to fraudulent transactions, regulatory compliance, and any alleged or actual violations of applicable laws.
-Sellers are encouraged to establish clear shop policies (such as those for shipping, returns, payments, and sales) for their Seller Goods. Sellers are fully responsible for the creation, sale, and all aspects of the transactions with their Customers. This responsibility includes, but is not limited to, providing accurate descriptions of Seller Goods, processing Customer payments, managing taxes, handling refunds and returns, fulfilling orders, and ensuring regulatory compliance. Sellers must complete each transaction promptly, unless there are exceptional circumstances, such as the Customer failing to meet the terms of the Seller’s listing. All sales made to Customers are final and binding. Butter & Sage Market reserves the right to terminate any seller for any reason at any time including for failure to meet customers expectations, respond in a timely manner, delivery products in poor quality, and any other conduct found to be in conflict with the standards and quality expected by Butter & Sage Market.
-Butter & Sage Marketplace does not carry insurance to cover liabilities that may be incurred from your use of the platform as either a Seller or a Customer. Sellers are required to carry appropriate insurance to cover the operation of their business as a food provider.
-Butter & Sage collects and pays appropriate sales tax for all sales on our platform where we have Nexus. It is the vendor responsibility to review applicable state laws to determine if their individual state requires any additional payment or filling. For information on Butter & Sage Nexus applicability vendors should contact Butter & Sage Market using the support feature in the vendor dashboard.
– Vendors (you) are prohibited from sharing your Butter & Sage Marketplace Shop ID, account, or password with anyone, and it is your responsibility to maintain the security of your Shop ID, account, password, and any other credentials. You are fully responsible for any activity that occurs under your Shop ID and account.
-Vendors are prohibited from collecting any Customer Information beyond what is necessary for offering their Seller Goods to a specific Customer. This includes not using such information for any purpose other than fulfilling the sale of Seller Goods. Sellers must handle Customer Information in full compliance with all relevant laws and regulations. Furthermore, Sellers are responsible for researching and adhering to the applicable food safety and food sales regulations in their locality
– Vendors must maintain positive communication with customers, other vendors, Butter & Sage Market staff and other prospects of Butter & Sage Market. Vendors will not harass, intimidate, coerce, or in any other way express negative communications or actions with customers, vendors, Butter & Sage Market staff or other prospects. Vendors agree to represent Butter & Sage Market in accordance with our company values and mission.
– Vendors are prohibited from directing customers or potential customers acquired through the Butter & Sage Market website to other methods to complete the sale or collect payment including but not limited to direct email, social channels, alternative websites, etc. Vendors found in violation are subject to account termination.
-Vendors should be familiar with the cottage food laws and food safety regulations in their area. Some localities may require food sellers to obtain specific permits or licenses, or restrict the sale of food that has not been prepared in a commercial kitchen. If these Terms or the use of the Services conflicts with any applicable law or regulation, your access to and use of the Services will be revoked.
-Vendors agree to connect their Stripe account to Butter & Sage Market to receive payment. Butter & Sage Market is not responsible for the Vendor Stripe account maintenance. Butter & Sage Market is not responsible for Stripe performance or payment collection. Any dispute or arbitration of the Stripe account is between Stripe and the vendor.
-Vendors are responsible for Stripe processing fees. Stripe processing fee charges the vendor and are the responsibility of Stripe.
-Vendors using the free plan pay Butter & Sage Market a commission for all sales. Vendors not on a free plan agree to a monthly or yearly subscription fee. Butter & Sage Market reserved the rate to modify commission rates and/or subscriptions packages and terms at any time.
3. Buyer Responsibilities
By making a purchase through Butter & Sage Market, you agree to:
– Provide accurate and complete information when making a purchase, including your shipping address and payment details.
– Review product descriptions, Vendor terms, and policies before completing a transaction.
– Resolve any disputes regarding your purchases directly with the Vendor. Butter & Sage Market does not mediate disputes between buyers and Vendor.
Before receiving any goods from a seller (“Seller Goods”), Customers are responsible for determining whether the Seller Goods are suitable for their needs. For the purposes of this Agreement, the term “Products” includes Seller Goods. Butter & Sage Marketplace is solely responsible for facilitating connections between Vendors (sellers) and Customers, and is not responsible for ensuring that Seller Goods meet any specific quality standards. Additionally, we do not take responsibility for verifying the accuracy or currency of the information provided by Customers or Sellers, including their credentials or details about the Seller Goods. Butter & Sage Marketplace does not verify whether Sellers are licensed or compliant with applicable federal, state, or local regulations related to food preparation and sales. We do not control the actions of Customers or Vendors, and Vendors are not considered our employees. Butter & Sage Marketplace does not offer logistics, courier, or shipping services. We do not guarantee availability or timeliness of Vendor Goods deliveries. Delivery, pickup, and shipping options is at the sole discretion of the Vendor and the Vendor is solely responsible for meeting pickup, delivery, or shipping obligations.
Vendors may provide a detailed list of ingredients used in the preparation of their Vendor Goods and may also display self-selected badges on their online shops that describe certain features of their goods, workspace, or business. However, Butter & Sage Marketplace is not responsible for the accuracy of the information or labeling of Vendor Goods delivered to Customers or listed in Vendor shops. Vendor Goods may be produced in facilities that also handle ingredients containing other allergens. Vendors may make claims about the food preparation standards they follow, such as “organic,” “kosher,” “macrobiotic,” or allergen-specific claims like “nut-free,” “gluten-free,” or “lactose-free”; Butter & Sage Marketplace does not investigate or verify these claims. Customers are responsible for informing the Vendor about any food allergies, but Butter & Sage Marketplace cannot guarantee that orders will be prepared as requested. Butter & Sage Marketplace shall not be liable for any illness, health issues, or other damages resulting from the consumption of any Vendor Goods purchased through the Services.
Butter & Sage Marketplace does not directly offer the Seller (Vendor) Goods. You acknowledge that Butter & Sage Marketplace does not oversee, control, or monitor the Seller Goods and expressly disclaims any responsibility or liability related to them. This includes, but is not limited to, any warranties or conditions regarding quality, fitness for a particular purpose, or compliance with applicable laws, regulations, or codes. YOU UNDERSTAND AND AGREE THAT BUTTER & SAGE MARKETPLACE IS NOT OBLIGATED TO CONDUCT BACKGROUND CHECKS, QUALITY ASSURANCES, OR FOOD SAFETY REVIEWS OF VENDORS. YOU ALSO UNDERSTAND THAT BUTTER & SAGE MARKETPLACE DOES NOT VERIFY THE CLAIMS MADE BY VENDORS OR CUSTOMERS, NOR DOES IT REVIEW OR VISIT THE LOCATIONS WHERE VENDORS GOODS ARE PREPARED.
4. Payment Processing
Payments for purchases made on Butter & Sage Market are processed through third-party payment processors. By using the platform, you agree to be bound by the payment processor’s terms and conditions. Butter & Sage Market will receive a commission on each sale, which is outlined separately in the Seller Agreement.
5. Fees
Butter & Sage Market may charge a fee for listing and/or selling products on our platform. The fee structure is outlined in our Seller Agreement and is subject to change at our discretion. By listing products, sellers agree to pay the applicable fees, which will be deducted from each sale as outlined in the payment terms. Butter & Sage Market reserves the right to remove, revise, establish, and/or modify any and all fees associated with use of this site at any time.
6. Ownership and Intellectual Property
– Seller Content: Sellers retain ownership of all intellectual property rights in their content (product images, descriptions, etc.) but grant Butter & Sage Market a license to use, display, and distribute this content within the platform for the purpose of facilitating transactions.
– Platform Content: All content provided by Butter & Sage Market, including the website design, layout, text, graphics, and software, is the property of Butter & Sage Market and is protected by intellectual property laws. You may not use any of this content without prior written consent.
7. Prohibited Items and Activities
Sellers agree not to list or sell any products that:
– Violate any local, state, or national laws.
– Are counterfeit or infringe upon the intellectual property rights of others.
– Are harmful, dangerous, or otherwise unsafe for consumers.
– Are prohibited by Butter & Sage Market’s policies, including illegal items, harmful substances, or regulated goods (e.g., alcohol, tobacco, etc.).
Any violation of these restrictions may result in immediate suspension or termination of your seller account. Merchants are required to remain in compliance with all local, state, and federal laws as applicable to food businesses within their local jurisdiction. Merchants are required to maintain and remain in compliance with insurance requirements as applicable to their food business. Any merchant selling on Butter & Sage Market that is found not be compliant with local, state, or national laws, and/or found to not carry required insurance is subject to suspension from the site.
8. Suspension and Termination
Butter & Sage Market reserves the right to suspend or terminate a seller’s account at any time and for any reason, including if a seller violates these Terms, engages in fraudulent activity, or provides products that are harmful or illegal. Upon termination, sellers will no longer have access to the platform or be able to process new orders, though outstanding orders may still need to be fulfilled.
9. Refunds and Returns
Butter & Sage Market is not responsible for issuing refunds or returns. Sellers are required to clearly outline their return, terms and conditions, and refund policies on their store page. Buyers are encouraged to read the policies carefully before making a purchase. Any disputes regarding returns or refunds must be resolved directly between the buyer and the seller (vendor).
10. Dispute Resolution
In the event of a dispute between a buyer and seller (vendor), both parties agree to attempt resolution amicably. Butter & Sage Market is not responsible for resolving disputes and will not intervene in transactions between buyers and sellers (vendors).
11. Limitation of Liability
Butter & Sage Market is a marketplace platform and is not responsible for the actions or behavior of its users. We are not liable for any damages, losses, or other consequences that arise from using the platform, including issues related to product quality, delivery delays, or any conflicts between buyers and sellers.
To the maximum extent permitted by law, Butter & Sage Market’s liability is limited to the amount paid by the user (either a buyer or seller) for services provided on the platform during the twelve months preceding the claim.
12. Indemnification
Sellers (Vendors) agree to indemnify and hold harmless Butter & Sage Market, its affiliates, officers, employees, and agents from any claims, losses, damages, liabilities, and expenses arising from their actions, products, or any violation of these Terms, including legal fees.
13. Privacy
By using Butter & Sage Market, you agree to the collection and use of personal information as outlined in our Privacy Policy. Please review the Privacy Policy to understand how we handle your data.
14. Modifications to Terms
Butter & Sage Market reserves the right to update or modify these Terms at any time. Any changes will be posted on this page, and the updated Terms will be effective as of the date of posting. It is your responsibility to review these Terms periodically to stay informed about changes.
15. Governing Law and Jurisdiction
These Terms are governed by the laws of [Insert Jurisdiction], without regard to its conflict of laws principles. Any legal action or proceeding arising under these Terms will be brought exclusively in the courts located in [Insert Jurisdiction], and you consent to the exclusive jurisdiction and venue of such courts.
16. Severability
If any provision of these Terms is found to be illegal, invalid, or unenforceable, the remaining provisions will remain in full force and effect.
17. Communications
By using Butter & Sage Market, you agree to receive communications from us, including but not limited to text messages, emails, and other notifications related to your account, transactions, and updates about our services. These communications may come from Butter & Sage Market, its affiliates, or third-party vendors involved in processing your orders. Additionally, as a vendor, you agree to send communications to customers via the platform, including order updates, promotions, or other business-related notices. All such communications may be sent to the contact information provided by you or the buyer, and you acknowledge that receiving these communications is necessary for the proper functioning of our marketplace. You have the option to opt-out of non-essential marketing communications, but must remain available for transactional and customer service-related communications related to your account and transactions.
18. Contact Information
If you have any questions or concerns about these Terms or the services provided by Butter & Sage Market, please contact us at:
Butter & Sage Market
admin@butterandsagemarket.com
(512) 496-3670
By using Butter & Sage Market, you agree to be bound by these Terms & Conditions. Thank you for being a part of our marketplace. Happy shopping (and snacking)!
