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BUYER TERMS OF SERVICE



Last Updated: May 28, 2024


1. Overview


Thank you for your interest in becoming a Buyer on the GourmetFoodMarketplace.com, accessible through its websites (collectively, the “Site”) and mobile applications (collectively, the “Application”) (together, the “Services”). Throughout these Buyer Terms of Service (“Buyer Terms” and/or “Terms”), the terms “Gourmet Food Marketplace,” “GourmetFoodMarketplace.com,” “GFM,” “us,” and/or “we” refer to Yummy Bazaar, Inc. dba Gourmet Food Marketplace. The terms “you” and/or “your” refer to you as a user of the Services as a Buyer. These Terms, along with GFM’s Terms of Service (the “General Terms”) and Privacy Policy, govern your purchase of goods as a Buyer through the Services. These Buyer Terms reference and link to various GFM policies that provide additional details regarding the Services, and such policies are incorporated herein by reference and are to be treated as part of these Buyer Terms. You must agree to and accept all of the Buyer Terms, or you don’t have the right to use the Services. Your using the Services in any way means that you agree to all of these Buyer Terms, and these Buyer Terms will remain in effect while you use the Services. Capitalized terms used herein but not defined shall have the meanings given to them in the General Terms. Throughout these Buyer Terms, the word “include” or “including” means “including, but not limited to”.


2. Key Definitions


  • “Supplier” means a seller who offers to sell and/or sells its goods to Buyers through the Services.
  • “Buyer” means a buyer who purchases goods through the Services for the purpose of resale.


3. Account Registration 


  • Buyer Account. To purchase goods through the Services as a Buyer, you must register, create a Buyer account and be approved by GFM (“Buyer Account”), as further set forth in the General Terms. We reserve the right to deactivate your account if we find that you are in breach of these Buyer Terms, including in the event that you are selling products in non-GFM approved locations or on other platforms other than GFM (as further set forth in these Buyer Terms).
  • Qualifications. To qualify for a Buyer Account, Buyers must have an online, brick and mortar or pop-up store that is open and ready for business (authorized subscription boxes and booths may also qualify in our discretion). You must also have, and upon request provide proof of, a valid Resale Certificate or ID (or your state’s or region’s equivalent documentation). GFM reserves the right, in its sole discretion, to reject, cancel or suspend orders and users who violate these Buyer Terms or who fail to meet GFM’s qualification standards, which may include (without limitation): (i) resale Certificate, (ii) certification that you operate a business that is duly organized, validly existing and in good standing under the laws of your incorporating jurisdiction, (iii) you have a physical storefront, (iv) you have a valid business address for receiving shipments; and (v) you are not a wholesale buyer or otherwise engaged in resale through third party platforms.


You agree to provide GFM with information requested in connection with its verification process and agree that your use of the Services, and any applicable orders may be rejected, canceled or suspended if you fail to provide such information, or fail to meet GFM’s qualification standards. 


4. Product and Content Compliance


You acknowledge and agree that GFM is not required to determine whether the products sold on the Services, or any Content related thereto: (i) abide by GFM’s Product Guidelines and/or are not prohibited under GFM’s Product Guidelines; (ii) comply with all laws, rules and regulations, including but not limited to, safety, labeling, testing, warning, import/export, and/or other consumer protection law requirements; (iii) do not infringe upon the intellectual property, publicity or other rights of others; (iv) do not contain false, inaccurate or misleading information; (v) are allowed to be sold from the Supplier’s jurisdiction and/or into your jurisdiction; and/or (vi) are allowed to be sold by you from your jurisdiction into your customer’s jurisdiction. You agree to conduct the necessary due diligence for compliance and suitability of Suppliers and their products. You hereby release GFM, Yummy Bazaar Inc., and our officers, directors, employees, agents, and affiliates from any liability with respect thereto, and agree to indemnify, defend and hold GFM harmless for any claims as set forth in the Indemnification section below.


5. Orders


  1. Prohibition on Fulfillment Using Third Party Websites. You agree to not utilize GFM and / or Supplier Services and fulfillment for orders on third party websites unless they are approved by GFM. Prohibited sites include Amazon, Walmart, eBay, Etsy, and Poshmark.
  2. Right to Refuse. You acknowledge and agree that Suppliers and/or GFM may refuse to complete your purchase for any or no reason.
  3. Inventory. GFM will encourage Suppliers to have sufficient inventory to sell goods to Buyers. However, you acknowledge and agree that GFM does not guarantee a Supplier’s inventory or that there will be enough product to sell to you.
  4. No Circumvention. You acknowledge and agree that you will place all orders for a Supplier's product through the Services for any Supplier that you are first introduced to through the Services. You acknowledge and agree that you will not influence Suppliers, or otherwise circumvent GFM process or the Services, by transacting orders with Suppliers you were introduced to through the Services outside of the Services. Failure to comply with this provision may result in temporary suspension or permanent termination of your Buyer Account and your ability to purchase products on GFM in the future. 
  5. Shipping Address and Drop Shipping. You agree to provide a valid, physical address to receive the product that you order through the Services. GFM does not offer drop shipping to customers of Buyers. Buyers are also not allowed to forward purchased products to overseas locations, whether through mail forwarding services or otherwise.Our shipping policy applies only to commercial shipping addresses. If you elect to ship to a residential address, there will be an additional residential shipping surcharge of 5% of the merchandise value. 
  6. Taxes. You acknowledge and agree that you are solely responsible for the collection and remittance of any taxes, including sales taxes, as well as any other payments or filings required under applicable law. You hereby release GFM with respect thereto, and agree to indemnify, defend and hold GFM, Yummy Bazaar Inc., and our officers, directors, employees, agents, and affiliates harmless against any and all such taxes, contributions, penalties and/or interest.


6. Payment


  1. Payment Methods. To make a purchase, you must link an approved payment method (such as a credit or debit card, but excluding pre-paid cards) with your Buyer Account. By submitting payment details in conjunction with registering for a Buyer Account and/or purchasing goods, you agree to pay for the goods purchased, and any applicable taxes and other fees that may accrue, and you authorize GFM and/or its affiliates to charge the payment method with the information you have supplied to GFM, and/or to credit that payment method to make any adjustments if necessary. GFM reserves the right to correct any errors in pricing. We will charge your default payment method on file in your Buyer Account. If it fails, we reserve the right to charge any other payment method you have included in your Buyer Account. We reserve the right to correct any errors or mistakes that the Payment Processor makes even if it has already requested or received payment.
  2. Payment Processors. GFM uses third-party service providers for credit card payment processing, fraud alerts, payment processing and disbursement of funds to Suppliers. You acknowledge and agree that GFM may share information about you with those payment processors in order to complete the transaction.
  3. Payment. You agree to pay according to the terms set forth in an applicable purchase. Once you have created and confirmed a purchase, only GFM may cancel transactions. You may request cancelation through the Website or App or by sending us an email. 
  4. Current Information Required. YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY US OR OUR PAYMENT PROCESSOR IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. IF YOU FAIL TO PROVIDE ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT WE MAY CONTINUE CHARGING YOU FOR ANY USE OF PAID SERVICES UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE TERMINATED YOUR PAID SERVICES AS SET FORTH ABOVE.
  5. CHARGEBACKS. YOU AGREE NOT TO FILE CHARGEBACKS WITH YOUR BANK, CREDIT CARD PROVIDER, OR ANY OTHER PAYMENT SERVICE PROVIDER FOR ANY REASON, EXCEPT FOR UNAUTHORIZED AND/OR FRAUDULENT USE OF YOUR DEBIT OR CREDIT CARD. ALL DISPUTES RELATED TO THE “SERVICES” PROVIDED BY GFM SHALL BE ADDRESSED DIRECTLY WITH GFM, OR THROUGH DISPUTE RESOLUTION PROCESS SET FOR IN THIS AGREEMENT. YOU FURTHER AGREE, THAT IN CASE OF FILING A CHARGEBACK IN VIOLATION OF THIS AGREEMENT, YOU WILL PAY GFM TWICE THE VALUE OF THE CHARGEBACK AS A PENALTY, AND REIMBURSE GFM ALL COSTS ASSOCIATED WITH THE CHARGEBACK, INCLUDING REASONABLE ATTORNEY FEES, REGARDLESS OF THE OUTCOME OF THE CHARGEBACK. WE RESERVE ALL RIGHTS TO PURSUE CRIMINAL AND OTHER CHARGES FOR CHARGEBACK RELATED FRAUD. 


7. Shipping 


  1. Shipping Costs. Unless GFM has authorized free shipping, you are responsible for and agree to pay for all shipping costs displayed on your invoice. Shipping costs will be included in your invoice. Shipping costs will vary depending on the weight of the package and where the package is being shipped to and from.
  2. Lead Times. You acknowledge that lead times vary. Average lead times are displayed on the Supplier’s page. Once your order is accepted, you will receive a notice once the product has shipped, giving you a tracking number and letting you know the cost of shipping. 
  3. FOB Shipping Point. Unless otherwise specified, shipping terms shall be FOB Shipping Point. As soon as any Product leaves the GFM’s warehouse, you own the Product en route and must pay any delivery charges. Different shipping arrangements may be available.


8. Refunds, Cancellations


If you receive a product that is damaged, the shipment includes missing items or you do not receive the product by the expected ship date, you must report the issue within 2 business days of receiving the product. You agree that if you do not timely report the issue, the product shall be deemed delivered and satisfactory.


GFM reserves the right to accept or reject any missing or damaged report filed by a Buyer in its sole reasonable discretion, including in the event GFM suspects any fraudulent activity. GFM’s decision whether to accept a damaged or missing claim shall be final. GFM FURTHER RESERVES THE RIGHT TO PROVIDE THE FORM OF REMEDY, BE THAT CREDIT FOR FUTURE PURCHASES, REFUND, OR REPLACEMENT IN ITS SOLE AND ABSOLUTE DISCRETION.  


9. Product Content


Limited License. GFM displays various Content related to the products, including photographs, product descriptions, Supplier stories and any other related content for sale on its Services. You are granted a limited, revocable license to use Content related to a product that you purchase on the Services on your own company’s website for the sole purpose of reselling that same product. Notwithstanding the foregoing, you agree that you will not use any such Content in any ad or media campaign, including postings, emails, ads or any other communication on Facebook, Instagram or Google, among others, without the express written consent from the owner of that Content.


You acknowledge and agree that you are merely a licensee of the Content and that you do not own, and will not claim any ownership rights in, the Content. You further acknowledge and agree that GFM is not responsible, nor shall GFM be held liable, for any Content, and GFM makes no representation or warranty that the Content does not infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or contain libelous or otherwise unlawful, abusive, harassing or obscene material, or result in the violation of any applicable law or regulation.


10. Disputes


For any disputes regarding an order or product from a Supplier, you agree to try to informally resolve the dispute directly with the Supplier using GFM ticketing system. If you are not able to resolve the dispute, you may contact GFM to help resolve the issue. You agree that GFM has no duty or obligation to resolve any issue you have with a Supplier, and you hereby release GFM from any and all liability relating to any dispute you have with a Supplier. IN INSTANCES WHEREBY AN ORDER IS FULFILLED BY GFM, YOU AGREE TO TRY TO INFORMALLY RESOLVE THE DISPUTE DIRECTLY WITH GFM ONLY TO THE EXTENT THAT THE DISPUTE IS RELATED TO FULFILLMENT, AND YOU EXPLICITLY AGREE TO RESOLVE ALL DISPUTES RELATED TO ISSUES OTHER THAN FULFILLMENT DIRECTLY WITH THE SUPPLIER.   


For any disputes between participants on this site, or between users and any third party, you agree that GFM is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release GFM, its directors, officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services. If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."


11. Indemnity


You agree to defend, indemnify, and hold Yummy Bazaar, Inc. dba Gourmet Food Marketplace. and its, subsidiaries, affiliates, partners, successors, and assigns, and each of their owners, members, officers, directors, employees, agents, representatives, contractors, subcontractors, licensors, service providers, affiliates and third party content providers harmless from any claims, liabilities, damages, judgments, awards, losses, costs, expenses and fees (including reasonable legal and accounting fees) made by any third party due to or arising out of your violation of these Buyer Terms, the General Terms and/or any law or the rights of a third party, and/or your use of or participation on the Services.


12 Termination


If you breach any of these Buyer Terms, GFM will have the right to temporarily suspend or permanently terminate your Buyer Account, these Buyer Terms and/or the General Terms in its sole discretion and without prior notice to you. 


GFM reserves the right to revoke your access to and use of the Services at any time, with or without cause. In the event GFM terminates these Buyer Terms, your Buyer Account and/or the General Terms due to your breach, you will remain liable for all amounts due hereunder.


You may terminate your relationship with GFM at any time by contacting us or as otherwise indicated in your Buyer Account portal. GFM will close your Buyer Account once there has been an accounting of all monies due and owing.


Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us, including without limitation the arbitration agreement.


13 Warranty Disclaimer


Neither GFM nor its licensors or Suppliers make any representations or warranties concerning any Products or any content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services. We make no representations or warranties regarding suggestions or recommendations of services or Products offered or purchased through the Services. Products and services purchased or offered (whether or not following such recommendations and suggestions) through the Services are provided “AS IS” and without any warranty of any kind from GFM or others (unless, with respect to such others only, provided expressly and unambiguously in writing by a designated third party for a specific product). UNLESS OTHERWISE SEPARATELY AGREED BY SUPPLIERS, THE PRODUCTS, SERVICES, AND CONTENT ARE PROVIDED BY GFM ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OR ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.


14 Limitation of Liability


TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL GFM BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) $100 OR (II) THE AMOUNTS PAID BY YOU TO GFM IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM, OR (C) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.


15 Assignment


You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without GFM’s prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.


16 Choice of Law


These Buyer Terms are governed by and will be construed under the Federal Arbitration Act, applicable federal law, and the laws of the State of Delaware, without regard to the conflicts of laws provisions thereof.

17 Prohibition on Sales in California

YOU AGREE NOT TO SELL, DISTRIBUTE, OR OTHERWISE TRANSFER ANY PRODUCTS PURCHASED FROM YUMMY BAZAAR, INC. DBA GOURMET FOOD MARKETPLACE TO ANY CUSTOMERS OR ENTITIES WITHIN THE STATE OF CALIFORNIA. YOU UNDERSTAND AND ACKNOWLEDGE THAT ANY BREACH OF THIS AGREEMENT MAY RESULT IN LEGAL ACTION AND TERMINATION OF YOUR ACCOUNT. YOU FURTHER AGREE TO DEFEND, INDEMNIFY, AND HOLD YUMMY BAZAAR, INC. DBA GOURMET FOOD MARKETPLACE, AND ITS SUBSIDIARIES, AFFILIATES, PARTNERS, SUCCESSORS, AND ASSIGNS, AND EACH OF THEIR OWNERS, MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, CONTRACTORS, SUBCONTRACTORS, LICENSORS, SERVICE PROVIDERS, AFFILIATES, AND THIRD-PARTY CONTENT PROVIDERS HARMLESS FROM ANY PROPOSITION 65 CLAIMS, LIABILITIES, DAMAGES, JUDGMENTS, AWARDS, LOSSES, COSTS, EXPENSES, AND FEES (INCLUDING REASONABLE LEGAL AND ATTORNEY FEES) MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR VIOLATION OF THESE BUYER TERMS, THE GENERAL TERMS, AND/OR ANY LAW OR THE RIGHTS OF A THIRD PARTY, AND/OR YOUR USE OF OR PARTICIPATION IN THE SERVICES.


18 Prohibition on Sales to California


GOURMET FOOD MARKETPLACE DOES NOT SELL OR SHIP PRODUCTS TO ANY CUSTOMERS OR ENTITIES WITHIN THE STATE OF CALIFORNIA. BY PURCHASING FROM GOURMET FOOD MARKETPLACE, YOU AGREE AND ACKNOWLEDGE THAT YOU WILL NOT ATTEMPT TO SHIP, DISTRIBUTE, OR OTHERWISE TRANSFER ANY PRODUCTS TO CALIFORNIA. ANY ORDERS PLACED FOR DELIVERY TO CALIFORNIA WILL BE CANCELED AND REFUNDED. WE RESERVE THE RIGHT TO TERMINATE ACCOUNTS AND TAKE LEGAL ACTION AGAINST ANY INDIVIDUAL OR ENTITY THAT ATTEMPTS TO BREACH THIS POLICY.