RED HILLS ONLINE MARKET (RHOM) Terms of Service 1. Overview Red Hills Online Market (RHOM) is a not-for-profit online Farmers Market operated by the Red Hills Small Farm Alliance (RHSFA) for the purpose of connecting local Farmers and Producers directly with Customers seeking fresh local food and other local products. RHOM is not the producer, manufacturer, processor, grower, seller, or guarantor of any product listed on the platform. It is acting solely as the Producer’s non-exclusive agent by providing an online marketplace, collection and distribution of payments, temporary storage and order aggregation, and pickup locations. Producers sell directly to Customers and are solely responsible for their products, including compliance with all applicable laws governing labeling, food safety, feed production, and the content of all listings and labels. RHOM visually inspects labels and products for administrative purposes only and may reject products for obvious quality or packaging issues, but RHOM does not independently evaluate, test, certify, or verify any product or claim. 2. Customer Agreement 2.1 Fees, Ordering, RHOM’s Role in General There is an annual $50 registration fee to shop at the RHOM Market. For new customers, that fee is waived for the first two orders. Each order placed by a customer is a legally enforceable contract. If a customer fails to pick up an order, the customer is still obligated to pay for the items in the order. A $10 abandoned order fee will be charged to the customer's account if an order is left at a Hub beyond the specified pick-up time. RHOM staff will inspect and aggregate all orders prior to pickup solely as a logistical service that does not constitute warranting, repackaging, relabeling, manufacturing, processing, or certification. If a product is damaged during packing or is found to be of poor quality, RHOM will provide the customer with a store credit. RHOM aims to provide the highest quality products, which requires our member farmers and producers to deliver market-grade products. The customer understands that since many RHOM farmers do not use pesticides or herbicides, fruits and vegetables may have cosmetic inconsistencies (i.e., will not look "perfect"). Sales are complete and title transfers when Customers or their designated delivery agents take possession. Customers must inspect products promptly and report concerns within RHOM’s established timeframe. 2.2 Understanding Product Types and Labels Customers are responsible for reading all labels and listings and for using products only as intended. Products may fall under different regulatory categories, including, but not limited to:
Not all of these categories require special labeling. RHOM inspects products for the presence of labels, not their content. 2.2.a Raw Milk and Dairy Products It is illegal to sell raw milk and dairy products for human consumption in Florida. All raw milk and dairy products sold through the RHOM website, even those produced in Grade A facilities in Georgia, must be labeled and sold exclusively as animal or pet food not intended for human consumption as required by Florida law. Any off-label use is solely the responsibility of the Customer. Customers purchasing raw milk and dairy products for delivery into Georgia acknowledge and agree that:
2.3 Allergens Products may be produced in facilities that process nuts, dairy, or other allergens. RHOM makes no guarantees regarding allergen exposure. Customers must contact Producers directly with allergen questions. 2.4 Delivery Customers have the option to pick up orders themselves. When a Customer chooses to have RHOM deliver their order to a Hub or to their home, they are appointing RHOM as their non-exclusive agent for purpose of that delivery and RHOM is acting solely as the agent of Customer. RHOM is not responsible for temperature control, spoilage, or product safety that occurs after a Customer or their representative takes possession of an order. 2.5 Limitation of Liability RHOM makes no warranties regarding products offered by Producers. To the fullest extent permitted by law, RHOM is not liable for claims arising out of the listing, sale, handling, or delivery of products, including, but not limited to the following:
Nothing in these Terms waives rights that cannot legally be waived. RHOM's total liability shall not exceed the amount paid by the Customer for the specific order giving rise to the claim. 3. Producer Agreement 3.1 Registration and Compliance All Members of the Red Hills Small Farm Alliance Online Farmer’s Market (RHOM) must agree to be bound by the following Rules (which may be modified at any time by the RHOM). By applying to become a Member, Producers agree to be bound by these Terms of Service. A $100 annual registration fee is required. By listing products, Producers certify that:
Each producer is solely responsible for obtaining and maintaining all licenses, permits, registrations, and approvals required by federal, state, and local law. RHOM does not provide legal or regulatory advice. Participation in the marketplace does not constitute a determination that a producer's products or operations comply with applicable laws. 3.2 RHOM Appointed as Agent of Producers By listing products on the RHOM website, a Producer appoints RHOM as its non-exclusive agent for marketing those products, accepting customer orders, collecting payment, coordinating delivery, and providing other related services. For these services, it collects a service fee that is added to the price of the items sold. Producers are the seller of record. They own the products, set the prices, and are responsible for all compliance requirements and liability. Producers are solely responsible for all federal, state, and local taxes arising from sales. As a Producer’s agent, RHOM collects those taxes on the Producer’s behalf and pays them on a monthly basis. Producers grant RHOM a non-exclusive license to use photographs, logos, product descriptions, and other submitted content for marketplace operations and promotion. 3.3 Indemnification and Hold Harmless By listing products, Producers agree to indemnify and hold harmless RHSFA and RHOM, including their board and officers, from any claims, damages, regulatory actions, or costs—including attorneys’ fees—arising from the Producer’s products, including, but not limited to, food safety issues, labeling errors, misrepresentation, or regulatory violations. 4. Producer Eligibility & Operational Rules Producers must comply with the following:
5. Products Requiring No Certification The following may be sold without additional permits:
6. Products Requiring Permits or Certifications ***Any information provided by RHOM regarding licensing, registration, labeling, or regulatory compliance is informational only and does not constitute legal advice.*** Products requiring permits include, but are not limited to, the following:
6.1 Raw dairy and other feed products intended for use by Pets or other Animals It is illegal to sell raw milk and dairy products for human consumption in the state of Florida. All raw milk, raw dairy, and animal feed products listed on RHOM must:
Florida producers with all authorizations required by applicable law may offer raw dairy products on RHOM. Producers are solely responsible for determining whether any licenses, registrations, permits, or other approvals are required in Georgia for products intended for delivery to Georgia customers. Georgia producers with all authorizations required by applicable law who want to offer raw dairy products on RHOM are solely responsible for determining whether any licenses, registrations, permits, or other approvals are required in Florida for products intended for delivery to Florida customers. 6.2 Non-Salable Items
7. Administrative & Labeling Requirements 7.1 Basic Listing and Label Requirements All listings must accurately describe the product being offered, including what permit type it is being offered for sale under, such as “Cottage Food” or “Animal Feed.” All labels must comply with the legal requirements governing the products they represent.
7.2 Special Labeling and Listing. Labels must provide all information required by law. Listings for the following products must include the following specific language:
7.3 Meat and Other Animal Proteins Meats must be:
Any irregularities (broken seals, ice crystals, unusual cuts, etc.) must be disclosed in the product tagline. 7.4 Eggs Egg cartons must include the farm name and address. 7.5 Truthfulness and Transparency All promotional claims must be complete, accurate, and not misleading. 7.6 Delivery Windows
7.7 Payment and Fees Producers are paid monthly for products sold through RHOM. Producer Fees:
Volunteer Discount:
Customer Service Fee:
Any store credit issued by RHOM due to Producer product quality, shortages, mislabeling, or non-delivery may be deducted from amounts otherwise payable to the Producer. Producers are responsible for chargebacks, payment disputes, returned payments, and associated fees arising from the sale of their products. RHOM may deduct such amounts from future payments due to the Producer. 8. General Provisions 8.1 Refunds and Product Concerns Customers should contact Producers directly if there is a problem with a product. RHOM does not guarantee refunds or replacements. Producers are responsible for resolving product-quality concerns. RHOM may issue store credits at its discretion but is not obligated to do so. 8.2 Privacy and Data Use RHOM collects and uses personal information solely for the operation of the Market, including account management, order processing, payment processing, delivery coordination, customer communications, and market-related announcements. RHOM does not sell or rent personal information to third parties. Customer and Producer information may be shared with service providers, payment processors, delivery personnel, or Producers as reasonably necessary to fulfill orders and operate the Market. By using RHOM, Customers and Producers consent to the collection, use, and disclosure of information as described in these Terms. While RHOM takes reasonable measures to protect personal information, no method of electronic transmission or storage is completely secure, and RHOM cannot guarantee absolute security. 8.3 Suspension or Termination RHOM may suspend or terminate any Customer or Producer for:
8.4 Customer Conduct RHOM may refuse service to any Customer who engages in abusive, threatening, or disruptive behavior toward staff, volunteers, Producers, or other Customers. 8.5 Force Majeure RHOM is not liable for delays, cancellations, or product loss caused by events beyond its control, including weather, natural disasters, power outages, or transportation disruptions. 8.6 Dispute Resolution Disputes shall first be addressed through good-faith informal resolution. If unresolved, disputes will be submitted to mediation in Leon County, Florida. If mediation fails, disputes will be resolved through binding arbitration in Leon County, Florida. The prevailing party in arbitration shall be entitled to recover reasonable attorneys' fees and costs. 8.7 Product Recall and Safety Actions RHOM may immediately suspend, remove, refuse delivery of, or notify Customers regarding any product that RHOM reasonably believes may present a food safety, feed safety, labeling, regulatory, or other health concern. Producers shall cooperate fully with any recall, withdrawal, customer notification, or regulatory action and shall be responsible for any costs arising from their products. 8.8 Changes to These Terms RHSFA may update these Terms at any time. Continued participation constitutes acceptance of revised Terms. |
