Terms of Use

 

Definitions
Accepting These Terms
Other Documents That Are Part of the Terms of Use
A Note on Allergens, Ingredients, and Food-Borne Illness.
Your Privacy
Your Account with Cottage Nosh
Your Content
Your Use of Our Services
Termination
Warranties and Limitation of Liability (or the Things You Can’t Sue Us For)
Indemnification (or What Happens If You Get Us Sued)
Disputes with Other Users
Disputes with Cottage Nosh
Changes to the Terms
Some Finer Legal Points

Seller Policy

Eligibility to Sell on Cottage Nosh
Selling Basics
          What can be sold on Cottage Nosh
What Can’t be Sold on Cottage Nosh
Managing your Cottage Nosh Shop
By selling on Cottage Nosh, a you agree that you:
          Seller Standards
          Meeting Service Level Standards
          By selling on Cottage Nosh, you agree to Uphold our Service Level Standard by:
          Selling Fees
Being a Member of the Cottage Nosh Community
Creating and Uploading Content
          Privacy and Protecting Personal Information
          Communication Standards
Messages
Communicating Cancellations
Feedback, Disputes and Your Success
Reviews
          Cottage Nosh’s Case System
          Your Seller Account and Cottage Nosh’s Terms

Buyer Policy

1. A Note on Allergens, Ingredients, and Food-Borne Illness.
2. Understanding Cottage Nosh’s Limitations as a Venue
          Acceptance of Marketplace Risk and Indemnification:
3. Communicating with Other Cottage Nosh Members
          Messages
          Interference
          Harassment
4. Purchasing an Item on Cottage Nosh
5. Leaving a Review of an Item
6. Creating and Uploading Content
7. Reporting a Problem with an Order or Returning an Item
          Cottage Nosh’s Case System
          Non-Fulfillment
          Not as Described
          Ineligible Transactions
          Requesting a Cancellation

Minors Policy

Accounts on Cottage Nosh
Selling on Cottage Nosh

Intellectual Property Policy

Cottage Nosh’s Role
Notices of Intellectual Property Infringement
          i. Notice Requirements
          ii. Counter Notice Requirements
          iii. Cottage Nosh’s Designated Agent to Receive Notifications
C. Counter Notice
D. Repeat Infringement
E. Notice Withdrawals

Antidiscrimination Policy

Contact Information

Definitions:

  1. Cottage Food Laws: means the legislation, regulations, and/or any other rules or guidance, issued by a jurisdiction with requisite authority, to regulate food producers who operate primarily out of their home.  Cottage Food Laws may be affirmative obligations for Cottage Food Operators, modifications of laws that exist for other food businesses, exemptions from existing laws for other food businesses or a combination.
  2. Cottage Food Operators: means people who operate a food business under the auspices of Cottage Food Laws from a Home Kitchen.  Under some circumstances, and at the sole discretion of Cottage Nosh, some people who operate a food business from a shared commercial kitchen may be considered Cottage Food Operators.  
  3. Cottage Food Business: means an enterprise that endeavours to earn money from the sale of food prepared in accordance with Cottage Food Laws.
  4. Locality / Jurisdiction: means the place in which a Cottage Food Operator operates their business and which may have a regulatory body that regulates their Cottage Food Operators.  In some circumstances, a Cottage Food Operator may operate in several jurisdictions each with regulations that may govern how they conduct their business, such as, for example, the State of New York, the County of Nassau, and the Incorporated Village of Hempstead.
  5. License: means the registration, grant, permit or other form of permission by the relevant Locality / Jurisdiction to the Cottage Food Operator to operate a Cottage Food Business.  In some circumstances the License may be a formal license from the Jurisdiction / Locality.  In other circumstances, the License may be an exemption from other obligations required of other food businesses.
  6. Home Kitchen: means the primary cooking area of a residence in which the Cottage Food Operator prepares food for their Cottage Food Business.
  7. Shared Kitchen: means a shared commercial food preparation facility that may be utilized by more than one food business.  

Accepting These Terms

This document and the other documents that we reference below make up our Terms of Use (the “Terms” for short). The Terms are a legally binding contract between you and Cottage Nosh. If you live in North America the contract is between you and Cottage Foods Enterprises Inc. We’ll just refer to Cottage Nosh, and all of its subsidiaries collectively as “Cottage Nosh.”

Please note that Section 11. Disputes with Cottage Nosh, contains an arbitration clause and class action waiver. By agreeing to the Terms, you agree to resolve all disputes through binding individual arbitration, which means that you waive any right to have those disputes decided by a judge or jury, and that you waive your right to participate in class actions, class arbitrations, or representative actions.

This contract sets out your rights and responsibilities when you use Cottage Nosh.com, our mobile apps, and the other services provided by Cottage Nosh (we’ll refer to all of these collectively as our “Services”), so please read it carefully. By using any of our Services (even just browsing one of our websites), you’re agreeing to the Terms. If you don’t agree with the Terms, you may not use our Services. Agree with us? Great, read on!

Please also note that we have constructed these Terms of Use to mention features, services, functions, and applications that we intend to incorporate in future releases of the Marketplace but may not yet exist or be implemented. By referring to them in these documents we do not represent or promise that we will be implementing these features.

Other Documents That Are Part of the Terms of Use

Cottage Nosh’s Services connect people around the country, both online and offline, to make, sell, and buy unique foods. Here’s a handy guide to help you understand the specific rules that are relevant for you, depending on how you use the Services:

  • Privacy Policy
  • Cookie Policy
  • Terms of Use (which includes)
    • Intellectual Property Policy
    • Seller’s Policy
    • Buyer’s Policy
    • Minor’s Policy
    • Anti-Discrimination Policy

All of these documents and policies are a part of our Terms, so be sure to read the ones that are relevant for you. Of course, you’ll still want to read the rest of this document because it applies to everyone!

A Note on Allergens, Ingredients, and Food-Borne Illness.

For any particular listing and related content posted using the Service, Sellers are responsible for providing a comprehensive list of ingredients contained in, or otherwise used to prepare the listing, including any known allergens. 

BUYERS WITH FOOD ALLERGIES ARE HEREBY WARNED AND AGREE TO EXERCISE INCREASED DILIGENCE WHEN ORDERING AND/OR CONSUMING FOOD PURCHASED FROM COTTAGE NOSH SELLERS.  BUYERS WITH EXTREME (POTENTIALLY LIFE THREATENING) FOOD ALLERGIES SHOULD NOT PURCHASE OR CONSUME FOODS FROM COTTAGE NOSH SELLERS.

Buyers should be aware that Sellers may not always be accurate in their ingredient lists, allergen warnings, and/or labels.  Buyers are advised that foods may be prepared in facilities using the same equipment that is used to prepare foods containing allergens even if the allergen is marked as being absent from the food. 

Sellers may choose to self-certify, at their discretion, additional information about their operations and the ingredients they use.  Some of these self-certifications may include kosher, halal, vegan, vegetarian, nut-free, organic, sustainably sourced, etc.

Buyers should be aware that Sellers may not always be accurate in their ingredient lists, self-certifications, and/or labels. 

Sellers are responsible for operating their business in accordance with Cottage Food Law and food safety best practices in order to minimize the risk of food borne illness.

Buyers are advised that despite these obligations, consuming food produced in a home kitchen may pose an increased risk of foodborne illness.

COTTAGE NOSH DOES NOT VERIFY ANY STATEMENTS MADE BY SELLERS ON THE PLATFORM. BY USING THE SERVICES YOU AGREE THAT COTTAGE NOSH SHALL NOT BE LIABLE FOR ANY ILLNESS, HEALTH PROBLEM, OR OTHER DAMAGES THAT MAY RESULT FROM ANY ORDER OR CONSUMPTION OF ANY FOODS AND RELATED ITEMS PURCHASED THROUGH THE SERVICE.  BUYERS ASSUME THE RISK OF ANY DAMAGES RESULTING FROM THE CONSUMPTION OR SERVING-TO-OTHERS OF FOODS PURCHASED USING THE SERVICES. 

Your Privacy

We know your personal information is important to you, so it’s important to us. Our Privacy Policy details how your information is used when you use our Services. By using our Services, you’re also agreeing that we can process your information in the ways set out in the Privacy Policy, so please read it here.

Both Cottage Nosh and sellers process members’ personal information (for example, buyer name, email address, and address) and are therefore considered separate and independent data controllers of buyers’ personal information under some jurisdictions’ law. That means that each party is responsible for the personal information it processes in providing the Services. For example, if a seller accidentally discloses a buyer’s name and email address when fulfilling another buyer’s order, the seller, not Cottage Nosh, will be responsible for that unauthorized disclosure.  

If, however, Cottage Nosh and sellers are found to be joint data controllers of buyers’ personal information, and if Cottage Nosh is sued, fined, or otherwise incurs expenses because of something that you did as a joint data controller of buyer personal information, you agree to indemnify Cottage Nosh for the expenses it occurs in connection with your processing of buyer personal information. See Section 9. Indemnification (or What Happens If You Get Us Sued) below for more information about your indemnification obligations to Cottage Nosh.

Your Account with Cottage Nosh

You’ll need to create an account with Cottage Nosh to use some of our Services. Here are a few rules about accounts with Cottage Nosh:

  1. You must be 18 years or older to use our Services. Minors under 18 and at least 13 years of age are only permitted to use our Services through an account owned by a parent or legal guardian with their appropriate permission and under their direct supervision. Children under 13 years are not permitted to use Cottage Nosh or the Services. You are responsible for any and all account activity conducted by a minor on your account. For more information, see Cottage Nosh’s Minors Policy below.
  2. Be honest with us. Provide accurate information about yourself. It’s prohibited to use false information or impersonate another person or company through your account.
  3. Choose an appropriate name. If you decide to not have your full name serve as the name associated with your account, you may not use language that is offensive, vulgar, infringes someone’s intellectual property rights, or otherwise violates the Terms.
  4. You’re responsible for your account. You’re solely responsible for any activity on your account. If you’re sharing an account with other people, then the person whose financial information is on the account will ultimately be responsible for all activity. If you’re registering as a business entity, you personally guarantee that you have the authority to agree to the Terms on behalf of the business. Also, your accounts are not transferable.
  5. Protect your password. As we mentioned above, you’re solely responsible for any activity on your account, so it’s important to keep your account password secure.
  6. Let’s be clear about our relationship. These Terms don’t create any agency, partnership, joint venture, employment, or franchisee relationship between you and Cottage Nosh.

Your Content

Content that you post using our Services is your content (so let’s refer to it as “Your Content”). We don’t make any claim to it, which includes anything you post using our Services (like shop names, profile pictures, listing photos, listing descriptions, reviews, comments, videos, usernames, etc.).

  1. Responsibility for Your Content. You understand that you are solely responsible for Your Content. You represent that you have all necessary rights to Your Content and that you’re not infringing or violating any third party’s rights by posting it.
  2. Permission to Use Your Content. By posting Your Content through our Services, you grant Cottage Nosh a license to use it. We don’t claim any ownership to Your Content, but we have your permission to use it to help Cottage Nosh function and grow. That way, we won’t infringe any rights you have in Your Content and we can help promote it.  For example, you acknowledge and agree Cottage Nosh may offer you or Cottage Nosh buyers promotions on the Site, from time to time, that may relate to your listings
  3. Rights You Grant Cottage Nosh. (Here’s the legalese version of the last section). By posting Your Content, you grant Cottage Nosh a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of Your Content. This allows us to provide the Services and to promote Cottage Nosh, your Cottage Nosh shop, or the Services in general, in any formats and through any channels, including across any Cottage Nosh Services, our partners, or third-party website or advertising medium. You agree not to assert any moral rights or rights of publicity against us for using Your Content. You also recognize our legitimate interest in using it, in accordance with the scope of this license, to the extent Your Content contains any personal information. That sounds like a lot, but it’s necessary for us to keep Cottage Nosh going. Consider these examples: if you upload a photo or video of a listing on your Cottage Nosh shop, we have permission to display it to buyers, and we can resize or enhance it so it looks good to a buyer using our mobile app; if you post a description in English, we can translate it into French so a buyer can learn the story behind your item; and if you post a beautiful photo or video of your latest handmade cupcake, we can feature it– often along with your shop name and shop picture– on our homepage, in one of our blogs or even on a billboard to help promote your business and Cottage Nosh’s.
  4. Reporting Unauthorized Content. Cottage Nosh has great respect for intellectual property rights, and is committed to following appropriate legal procedures to remove infringing content from the Services. If content that you own or have rights to has been posted to the Services without your permission and you want it removed, please follow the steps listed in our Intellectual Property Policy. If Your Content is alleged to infringe another person’s intellectual property, we will take appropriate action, such as disabling it if we receive proper notice or terminating your account if you are found to be a repeat infringer. We’ll notify you if any of that happens.
  5. Inappropriate, False, or Misleading Content. This should be common sense, but there are certain types of content we don’t want posted on Cottage Nosh’s Services (for legal reasons or otherwise). You agree that you will not post any content that is abusive, threatening, defamatory, obscene, vulgar, or otherwise offensive or in violation of any part of our Terms. You also agree not to post any content that is false and misleading or uses the Services in a manner that is fraudulent or deceptive.

Your Use of Our Services

License to Use Our Services. We grant you a limited, non-exclusive, non-transferable, and revocable license to use our Services—subject to the Terms and the following restrictions in particular:

  1. Don’t Use Our Services to Break the Law. You agree that you will not violate any laws in connection with your use of the Services. This includes any local, state, federal, and international laws that may apply to you. For example, it’s your responsibility to obtain any permits or licenses that your shop requires; you may not sell anything that violates any laws; and you may not engage in fraud (including false claims or infringement notices), theft, anti-competitive conduct, threatening conduct, or any other unlawful acts or crimes against Cottage Nosh, another Cottage Nosh user, or a third party.
  2. Pay Your Bills. You are responsible for paying all fees that you owe to Cottage Nosh. Except as set forth below, you are also solely responsible for collecting and/or paying any applicable taxes for any purchases or sales you make through our Services.
  3. Don’t Steal Our Stuff. You agree not to crawl, scrape, or spider any page of the Services or to reverse engineer or attempt to obtain the source code of the Services. If you want to use our API, please follow our API Terms of Use.
  4. Don’t Try to Harm Our Systems. You agree not to interfere with or try to disrupt our Services, for example by distributing a virus or other harmful computer code.
  5. Follow Our Trademark Policy. The name “Cottage Nosh” and the other Cottage Nosh marks, phrases, logos, and designs that we use in connection with our Services (the Cottage Nosh Trademarks), are trademarks, service marks, or trade dress of Cottage Nosh in the US and other countries. If you’d like to use our trademarks, please email us at [email protected] and we can discuss.
  6. Share Your Ideas. We love your suggestions and ideas! They can help us improve your experience and our Services. Any unsolicited ideas or other materials you submit to Cottage Nosh (not including Your Content or items you sell through our Services) are considered non-confidential and non-proprietary to you. You grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.
  7. Talk to Us Online. From time to time, Cottage Nosh will provide you with certain legal information in writing. By using our Services, you’re agreeing to communicate via electronic communication. This means that we can send you information electronically (such as by email) instead of mailing you paper copies (it’s better for the environment), and that your electronic agreement is the same as your signature on paper.

Termination

Termination By You. We’d hate to see you go, but you may terminate your account with Cottage Nosh at any time from your account settings or by contacting us directly.Terminating your account will not affect the availability of some of Your Content that you posted through the Services prior to termination.

Termination By Cottage Nosh. We may terminate or suspend your account (and any accounts Cottage Nosh determines are related to your account) and your access to the Services should we have reason to believe you, your Content, or your use of the Services violate our Terms. If we do so, it’s important to understand that you don’t have a contractual or legal right to continue to use our Services, for example, to sell or buy on our websites or mobile apps. Generally, Cottage Nosh will notify you that your account has been terminated or suspended, unless you’ve repeatedly violated our Terms or we have legal or regulatory reasons preventing us from notifying you.

If you or Cottage Nosh terminate your account, you may lose any information associated with your account, including Your Content.

We May Discontinue the Services. Cottage Nosh reserves the right to change, suspend, or discontinue any of the Services at any time, for any reason, including those laid out in Cottage Nosh’s policies under these Terms of Use. We will not be liable to you for the effect that any changes to the Services may have on you, including your income or your ability to generate revenue through the Services.

Survival. The Terms will remain in effect even after your access to the Service is terminated, or your use of the Service ends.

 

Warranties and Limitation of Liability (or the Things You Can’t Sue Us For)

Items You Purchase. You understand that Cottage Nosh does not manufacture, store, or inspect any of the items sold through our Services. We provide the venue; the items in our marketplaces are produced, listed, and sold directly by independent sellers, so Cottage Nosh cannot and does not make any warranties about their quality, safety, or even their legality. Any legal claim related to an item you purchase must be brought directly against the seller of the item. You release Cottage Nosh from any claims related to items sold through our Services, including for defective items, misrepresentations by sellers, or items that caused physical injury (like product liability claims).

 Content You Access. You may come across materials that you find offensive or inappropriate while using our Services. We make no representations concerning any content posted by users through the Services. Cottage Nosh is not responsible for the accuracy, copyright compliance, legality, or decency of content posted by users that you accessed through the Services. You release us from all liability relating to that content.

People You Interact With. You can use the Services to interact with other individuals, either online or in person. However, you understand that we do not screen users of our Services, and you release us from all liability relating to your interactions with other users. Please be careful and exercise caution and good judgment in all interactions with others, especially if you are meeting someone in person.

Third-Party Services. Our Services may contain links to third-party websites or services that we don’t own or control (for example, links to Facebook, Twitter, and Instagram). You may also need to use a third party’s product or service in order to use some of our Services (like a compatible mobile device to use our mobile apps). When you access these third-party services, you do so at your own risk. The third parties may require you to accept their own terms of use. Cottage Nosh is not a party to those agreements; they are solely between you and the third party.

Gift Cards and Promotions. You acknowledge that Cottage Nosh does not make any warranties with respect to your Gift Card balance and is not responsible for any unauthorized access to, or alteration, theft, or destruction of a Gift Card or Gift Card code that results from any action by you or a third party. You also acknowledge that we may suspend or prohibit use of your Gift Card if your Gift Card or Gift Card code has been reported lost or stolen, or if we believe your Gift Card balance is being used suspiciously, fraudulently, or in an otherwise unauthorized manner. If your Gift Card code stops working, your only remedy is for us to issue you a replacement Gift Card code. By participating in a special offer or promotion, you agree that you may not later claim that the rules of that special offer or promotion were ambiguous.

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WARRANTIES. COTTAGE NOSH IS DEDICATED TO MAKING OUR SERVICES THE BEST THEY CAN BE, BUT WE’RE NOT PERFECT AND SOMETIMES THINGS CAN GO WRONG. YOU UNDERSTAND THAT OUR SERVICES ARE PROVIDED “AS IS” AND WITHOUT ANY KIND OF WARRANTY (EXPRESS OR IMPLIED). WE ARE EXPRESSLY DISCLAIMING ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ANY WARRANTIES IMPLIED BY A COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE.

WE DO NOT GUARANTEE THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) THE SERVICES WILL BE FREE OF VIRUSES OR OTHER HARMFUL MATERIALS; OR (IV) THE RESULTS OF USING THE SERVICES WILL MEET YOUR EXPECTATIONS. YOU USE THE SERVICES SOLELY AT YOUR OWN RISK. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

LIABILITY LIMITS. TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER COTTAGE NOSH, NOR OUR EMPLOYEES OR DIRECTORS SHALL BE LIABLE TO YOU FOR ANY LOST PROFITS OR REVENUES, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR THESE TERMS. IN NO EVENT SHALL COTTAGE NOSH’S AGGREGATE LIABILITY FOR ANY DAMAGES EXCEED THE GREATER OF ONE HUNDRED ($100) US DOLLARS (USD) OR THE AMOUNT YOU PAID COTTAGE NOSH IN THE PAST TWELVE MONTHS. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

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Indemnification (or What Happens If You Get Us Sued)

We hope this never happens, but if Cottage Nosh gets sued because of something that you did, you agree to defend and indemnify us. That means you’ll defend Cottage Nosh (including any of our employees) and hold us harmless from any legal claim or demand (including reasonable attorney’s fees) that arises from your actions, your use (or misuse) of our Services, your breach of the Terms, or you or your account’s infringement of someone else’s rights.

We reserve the right to handle our legal defense however we see fit, even if you are indemnifying us, in which case you agree to cooperate with us so we can execute our strategy.

Disputes with Other Users

If you find yourself in a dispute with another user of Cottage Nosh’s Services or a third party, we encourage you to contact the other party and try to resolve the dispute amicably.

Case System. Buyers and sellers who are unable to resolve a dispute related to a transaction on our websites or mobile apps may participate in our case system by contacting us at [email protected] Cottage Nosh will attempt to help you resolve disputes in good faith and based solely on our interpretation of our policies, in our sole discretion; we will not make judgments regarding legal issues or claims. Cottage Nosh has no obligation to resolve any disputes.

Release of Cottage Nosh. You release Cottage Nosh from any claims, demands, and damages arising out of disputes with other users or parties.

Disputes with Cottage Nosh

If you’re upset with us, let us know, and hopefully we can resolve your issue. But if we can’t, then these rules will govern any legal dispute involving our Services:

  1. Governing Law. The Terms are governed by the laws of the State of New York, without regard to its conflict of laws rules, and the laws of the United States of America. These laws will apply no matter where in the world you live, but if you live outside of the United States, you may be entitled to the protection of the mandatory consumer protection provisions of your local consumer protection law.
  2. Arbitration. You and Cottage Nosh agree that any dispute or claim arising from or relating to the Terms shall be finally settled by final and binding arbitration, using the English language, administered by the American Arbitration Association (the “AAA”) under its Consumer Arbitration Rules (the “AAA Rules”) then in effect (those rules are deemed to be incorporated by reference into this section, and as of the date of these Terms you can find the AAA Rules here), unless otherwise required by law. **Arbitration, including threshold questions of arbitrability of the dispute, will be handled by a sole arbitrator in accordance with those rules. Judgment on the arbitration award may be entered in any court that has jurisdiction.
  3. Any arbitration or mediation under the Terms will take place on an individual basis. You understand that by agreeing to the Terms, you and Cottage Nosh are each waiving the right to trial by jury or to participate in a class action lawsuit. Class arbitrations shall only be available if requested by either party under its Class Action Arbitration Rules and approved by the arbitration entity. Notwithstanding the foregoing, each party shall have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief, pending a final decision by the arbitrator or mediator. You may instead assert your claim in “small claims” court, but only if your claim qualifies, your claim remains in such court, and your claim remains on an individual, non-representative, and non-class basis.
  4.  Costs of Arbitration. Payment for any and all reasonable AAA filing, administrative, and arbitrator fees will be in accordance with the Consumer Arbitration Rules, and in the case of CEDR, its rules. If the value of your claim does not exceed $10,000 USD, Cottage Nosh will pay for the reasonable filing, administrative, and arbitrator fees associated with the arbitration, unless the arbitrator finds that either the substance of your claim or the relief sought was frivolous or brought for an improper purpose. For mediation through CEDR, the parties will pay their share of mediation costs, and under certain conditions such fees may be refundable to you, depending on the outcome of the mediation.
  5.  Forum. We’re based in New York, so any legal action against Cottage Nosh related to our Services must be filed and take place in Nassau County, New York. For all actions under the AAA Rules, the proceedings may be filed where your residence is, or in New York, New York, and any in-person hearings will be conducted at a location which is reasonably convenient to both parties taking into account their ability to travel and other pertinent circumstances. For any actions not subject to arbitration or mediation, you and Cottage Nosh agree to submit to the personal jurisdiction of a state or federal court located in Nassau County, New York if your contract is with Cottage Nosh, Inc.
  6. Government Exception. If you are a government agent or entity in the United States using the Services in your official capacity, and you are legally unable to agree to the clauses in this section, then those clauses do not apply to you. In that case, the Terms and any action related to the Terms will be governed by the laws of the United States (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of New York.
  7. Modifications. If we make any changes to this “Disputes with Cottage Nosh” section after the date you last accepted the Terms, those changes will not apply to any claims filed in a legal proceeding against Cottage Nosh prior to the date the changes became effective. Cottage Nosh will notify you of substantive changes to the “Disputes with Cottage Nosh” section at least 30 days prior to the date the change will become effective. If you do not agree to the modified terms, you may send Cottage Nosh a written notification (including email) or close your account within those 30 days. By rejecting a modified term or permanently closing your account, you agree to arbitrate any disputes between you and Cottage Nosh in accordance with the provisions of this “Disputes with Cottage Nosh” section as of the date you last accepted the Terms, including any changes made prior to your rejection. If you reopen your closed account or create a new account, you agree to be bound by the current version of the Terms.

Changes to the Terms

We may update these Terms from time to time. If we believe that the changes are material, we’ll definitely let you know by posting the changes through the Services and/or sending you an email or message about the changes. That way you can decide whether you want to continue using the Services. Changes will be effective upon the posting of the changes unless otherwise specified. You are responsible for reviewing and becoming familiar with any changes. Your use of the Services following the changes constitutes your acceptance of the updated Terms.

The Terms, including all of the policies that make up the Terms, supersede any other agreement between you and Cottage Nosh regarding the Services. If any part of the Terms is found to be unenforceable, that part will be limited to the minimum extent necessary so that the Terms will otherwise remain in full force and effect. Our failure to enforce any part of the Terms is not a waiver of our right to later enforce that or any other part of the Terms. We may assign any of our rights and obligations under the Terms.

 

Seller Policy

Cottage Nosh is a marketplace where licensed Cottage Food Operators can sell their home processed foods, in compliance with state and local Cottage Food Laws, to customers near them. We want to make sure that Sellers and their customers have a positive experience on Cottage Nosh. Please read on to find out more about Cottage Nosh Sellers’ rights, as well as what is expected of Sellers.

This policy is a part of our Terms of Use. By opening a Cottage Nosh Baker’s Shop, setting up a Nosh Day, or Listing any product for sale, Sellers are agreeing to this policy and our Terms of Use.

Eligibility to Sell on Cottage Nosh

Any Cottage Food Operator who is Licensed under Cottage Food Laws, by their Locality(s) / Jurisdiction(s), and can provide proof of their License to Cottage Nosh, may sell on Cottage Nosh.  In some cases, and at the sole discretion of Cottage Nosh, operators who operate out of a Shared Kitchen may sell on Cottage Nosh as long as they can provide, to the satisfaction of Cottage Nosh, proof that they have met the regulatory requirements for operating out of a Shared Kitchen.  Other commercial food operators such as restaurants, bakeries, catering halls, and food manufacturers, are not eligible to sell on Cottage Nosh.

Selling Basics

Keep in mind that these basic requirements will set you, as a Seller, up for success on Cottage Nosh.

What can be sold on Cottage Nosh

Cottage Nosh is a unique marketplace. Buyers come here to purchase locally prepared foods made in accordance with your local Cottage Food Laws.  Everything listed for sale on Cottage Nosh must be made in a home or shared kitchen by a Seller who is licensed to operate in accordance with their local Cottage Food Laws Only those food products that are permitted by the Seller’s locality may be sold by that Seller.  It is your responsibility as a Seller to know and understand what types of products are permitted in your jurisdiction.

What Can’t be Sold on Cottage Nosh

Food products that are NOT permitted by the Cottage Food Laws of your locality may not be sold by you.  Even if they otherwise meet our marketplace criteria, items that violate our intellectual property policies or any other policy,  are not allowed to be sold on Cottage Nosh. Reselling is not allowed on Cottage Nosh. Reselling refers to listing an item as your own when you were not involved in creating that item.

Keep in mind that members may report listings that appear to violate our policies for review. Cottage Nosh may remove any listings that violate our policies. Cottage Nosh may also suspend or terminate your account for any violations. 

Managing your Cottage Nosh Shop

Your shop, your Nosh Days, and your profile represent you and your business to the Cottage Nosh community. It’s important that you and the items listed for sale and your shop are honestly and accurately represented.

By selling on Cottage Nosh, a you agree that you:

  1. Are licensed as a Cottage Food Operator under the laws of your locality and are only operating in a locality in which you are licensed to do so;
  2. Are aware of food safety best practices and that you follow food safety best practices every time you prepare, create, store, or dispense food;
  3. Will accurately label every product that you make and sell including listing ALL ingredients and listing ALL potential allergens;
  4. Are responsible for maintaining your Cottage Food license at all times you are selling on the Cottage Nosh Marketplace;
  5. Will only sell and/or offer to sell those food products permitted under your license;
  6. Will only prepare food in the location associated with your license;
  7. You will use your real name or business name and an up-to-date photo on your profile;
  8. Will provide honest, accurate information in your profile;
  9. Will ensure your shop content, such as any text, photos or videos used to represent yourself, your shop and/or your listings, abide by Cottage Nosh’s policies, including our Anti-Discrimination policy;
  10. Accurately represent your items in listings and listing photos;
  11. Have the unrestricted right to earn income in the jurisdiction in which you will be selling food;
  12. Will maintain the proper tax registration, If you sell food in a jurisdiction that requires you to have a tax registration;
  13. Will pay all applicable federal, state and local taxes based on income earned for the sale of food (note, the platform will collect and remit taxes for the sale of food in most cases where there is a requirement to do so);
  14. Have any and all insurance required to operate your business;
  15. Give us permission to obtain information about you (at our sole discretion), including your criminal records, and you agree to provide any further necessary authorizations to facilitate our access to such records during the term of the Agreement;
  16. Honor Cottage Nosh’s Terms of Service and other Policies;
  17. Respect the intellectual property of others. If you feel that someone has violated your intellectual property rights, you can report it to Cottage Nosh;
  18. Will not engage in fee avoidance;
  19. Will not create duplicate shops or take any other action (such as manipulating clicks, carts or sales) for the purpose of shilling, manipulating search or circumventing Cottage Nosh’s policies;
  20. Will not coordinate pricing with other sellers.

Seller Standards

By listing a product for sale on Cottage Nosh you understand and agree that you are responsible for complying with all applicable laws and regulations for the products listed for sale, including any required labels and warnings. Cottage Nosh assumes no responsibility for the accuracy, labeling, or content of Sellers’ listings.

You are solely responsible for complying with all applicable laws, rules and regulations and standards, including but not limited to those pertaining to the preparation, sale, marketing, and packaging of all foods provided through Cottage Nosh, and updating details and prices relating to any products offered. You are solely liable for the quality, safety, and freshness of your products, and Cottage Nosh does not verify the credentials, representations, products, services or prices you offer, and does not guarantee the quality of the product or services, or that your listings comply with applicable laws. You will be solely liable and responsible for any products provided by you that are a cause of injury or that do not meet buyers’ expectations in any manner.

Ingredients and Allergens: For EVERY listing and related content posted using the Service, you MUST provide a comprehensive list of ALL INGREDIENTS contained in or otherwise used to prepare the listing, including any known ALLERGENS. YOU ARE SOLELY RESPONSIBLE for the accuracy of the information and labeling of foods delivered to Buyers. 

Cottage Nosh recommends that you obtain appropriate insurance to cover the operation of your food facility and the preparation and delivery of foods. You should review any respective insurance policy carefully, and in particular make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for such insurance policy, including, but not limited to, whether or not the insurance policy will cover the actions or inactions of Buyers or any third party service.

Meeting Service Level Standards

You must provide great customer service and maintain trust with your customers. These requirements are called our Seller Service Level Standards. Cottage Nosh may reach out to you if your shop fails to meet Cottage Nosh’s Seller Service Level Standards. 

By selling on Cottage Nosh, you agree to Uphold our Service Level Standard by:

  1. Honoring your pickup and delivery times as well as any Lead Times you publish. You are obligated to fulfill an order in accordance with the pickup/delivery time slots you have made available to buyers, unless there is an exceptional circumstance. 
  2. Responding to Messages in a timely manner.
  3. Resolving disagreements or disputes directly with the buyer. In the unlikely event that you can’t reach a resolution, Cottage Nosh can help through our case system.
  4. Immediately notifying the buyer and canceling the order If you are unable to complete an order in accordance with the options your buyer has selected.

Selling Fees

While the use of CottageNosh.com is currently free for sellers.  At some point in the future sellers may be charged for using some of Cottage Nosh’s services. There may be fees associated with listing, selling, advertising, and certain other Cottage Nosh products and features. Cottage Nosh aims to provide you with advanced notice of any changes to Selling Fees.

Being a Member of the Cottage Nosh Community

At Cottage Nosh, everyone is expected to treat fellow members of the Cottage Nosh community with respect. As a seller, you have additional responsibilities to safeguard personal information and communicate promptly with buyers in order to provide a great customer experience.

Creating and Uploading Content

As a member of Cottage Nosh, you have the opportunity to create and upload a variety of content, like listings, Messages, text, photos, and videos. In order to keep our community safe and respectful, you agree that you will not upload content that is:

  1. Abusive, threatening, defamatory, harassing, or otherwise in violation of our Anti-Discrimination Policy;
  2. Obscene or vulgar;
  3. In violation of someone else’s privacy or intellectual property rights; or
  4. False, deceptive, or misleading.

Privacy and Protecting Personal Information

You are responsible for protecting members’ personal information you receive or process, and you must comply with all relevant legal requirements. This includes applicable data protection and privacy laws that govern the ways in which you can use Cottage Nosh user information. These laws may require that you post and comply with your own privacy policy, which must be accessible to Cottage Nosh users with whom you interact. Your privacy policy must be compatible with this policy and Cottage Nosh’s Terms of Use.

Communication Standards

Messages

With Cottage Nosh Messages, you have the ability to communicate directly with your buyers or other Cottage Nosh members. Messages are a great way for buyers to ask you questions about an item or an order.

Messages may not be used for the following activities:

  1. Sending unsolicited advertising or promotions, requests for donations, or spam;
  2. Harassing or abusing another member or violating our Anti-Discrimination Policy;
  3. Contacting someone after they have explicitly asked you not to; or
  4. Interfering with a transaction or the business of another member.

Interference

Interference occurs when a member intentionally interferes with another member’s shop in order to drive away their business. Interference is strictly prohibited on Cottage Nosh. Examples of interference include:

  1. Contacting another member via Cottage Nosh Messages to warn them away from a particular member, shop, or item;
  2. Posting in public areas to demonstrate or discuss a dispute with another member;
  3. Purchasing from a seller for the sole purpose of leaving a negative review;
  4. Maliciously clicking on a competitor’s Promoted Listings ads in order to drain that member’s advertising budget, also known as “click fraud;”
  5. Creating or using an independent buyer account to maliciously upvote another shop’s negative reviews in order to position those reviews more prominently.

 

Harassment 

Any use of Cottage Nosh Messages to harass other members is strictly prohibited. Similarly, Messages may not be used to support or glorify hatred or otherwise violate our Anti-Discrimination Policy. If you receive a Message that violates this policy, please let us know right away.

Communicating Cancellations

If you are unable to complete a transaction, you must cancel the transaction. If the buyer has already submitted payment, Cottage Nosh will issue a full refund on your behalf. You are encouraged to keep proof of any refunds in the event a dispute arises. 

Feedback, Disputes and Your Success

Reviews

Reviews are a great way for you to build a reputation on Cottage Nosh. Buyers can leave a review, including a one to five star rating and may be able to upload a photograph of their purchase. 

Reviews and your response to reviews may not:

  1. Contain private information;
  2. Contain obscene, racist, or harassing language or imagery;
  3. Violate our Anti-Discrimination Policy;
  4. Contain prohibited medical drug claims;
  5. Contain advertising or spam;
  6. Be about things outside the seller’s control;
  7. Contain threats or extortion;
  8. Include shilling or otherwise falsely inflate a shop’s review score; or
  9. Undermine the integrity of the Reviews system.

Cottage Nosh’s Case System

The Case system is how order disputes are resolved at Cottage Nosh. We ask buyers to contact sellers directly and attempt to resolve any outstanding issues before opening a case on Cottage Nosh. For this reason, it is important that you regularly respond to Messages from your buyers. However, sometimes a case may be necessary, and Cottage Nosh will work with you and the buyer to resolve it as quickly as possible.

Buyers may file a case for non-fulfillment or a not-as-described item. You must respond to any open cases within three days or the time frame noted by Cottage Nosh in the case. Cottage Nosh may request your assistance in resolving a case opened against your shop. Cottage Nosh reserves the right to escalate a case early for circumstances such as seller inactivity, harassment, refusal of service, case manipulation, and undermining the integrity of the case system.

By using Cottage Nosh’s case system, you understand that Cottage Nosh may use your personal information for the purpose of resolving disputes with other members. If Cottage Nosh determines that an item is not as described, we will issue a refund of the order, including any add-on fees or tips.

Your Seller Account and Cottage Nosh’s Terms

In order to keep Cottage Nosh safe and improve our Services, we may take actions that limit the visibility of your shop, listings or ads, or that impact your payment account. In the event a shop sees unusual order activity, or we otherwise believe that your actions or shop may result in buyer disputes, chargebacks, increased risk of fraud, counterfeiting, or other claims, Cottage Nosh may take actions such as limiting visibility of your account, or placing restrictions or reserves on your payments account, in accordance with our Terms of Service, including this Policy. When appropriate and permitted by law, Cottage Nosh will communicate information to the affected seller about the issue.

If Cottage Nosh has reason to believe you, your Content, or your use of the Services violate our Terms, including this Seller Policy, we may deactivate your Content or suspend or terminate your account (and any accounts Cottage Nosh determines is related to your account) and your access to the Services. Generally, Cottage Nosh will notify you that your Content or account has been suspended or terminated, unless you’ve repeatedly violated our Terms or we have legal or regulatory reasons preventing us from notifying you.

Buyer Policy

Cottage Nosh is a venue where you (as a buyer) can purchase unique foods directly from sellers that are licensed to produce foods from their homes. We want you to have a positive experience shopping on Cottage Nosh. Please read on to find out more about your rights, as well as what is expected of you, as a buyer. This policy is a part of our Terms of Use. By shopping on Cottage Nosh, you’re agreeing to this policy and our Terms of Use.

1. A Note on Allergens, Ingredients, and Food-Borne Illness.

For any particular listing and related content posted using the Service, Sellers are responsible for providing a comprehensive list of ingredients contained in, or otherwise used to prepare the listing, including any known allergens. 

BUYERS WITH FOOD ALLERGIES ARE HEREBY WARNED AND AGREE TO EXERCISE INCREASED DILIGENCE WHEN ORDERING AND/OR CONSUMING FOOD PURCHASED FROM COTTAGE NOSH SELLERS.  BUYERS WITH EXTREME (POTENTIALLY LIFE THREATENING) FOOD ALLERGIES SHOULD NOT PURCHASE OR CONSUME FOODS FROM COTTAGE NOSH SELLERS.

Buyers should be aware that Sellers may not always be accurate in their ingredient lists, allergen warnings, and/or labels.  Buyers are advised that foods may be prepared in facilities using the same equipment that is used to prepare foods containing allergens even if the allergen is marked as being absent from the food. 

Sellers may choose to self-certify, at their discretion, additional information about their operations and the ingredients they use.  Some of these self-certifications may include kosher, halal, vegan, vegetarian, nut-free, organic, sustainably sourced, etc.

Buyers should be aware that Sellers may not always be accurate in their ingredient lists, self-certifications, and/or labels. 

Sellers are responsible for operating their business in accordance with Cottage Food Law and food safety best practices in order to minimize the risk of food borne illness.

Buyers are advised that despite these obligations, consuming food produced in a home kitchen may pose an increased risk of foodborne illness.

COTTAGE NOSH DOES NOT VERIFY ANY STATEMENTS MADE BY SELLERS ON THE PLATFORM. BY USING THE SERVICES YOU AGREE THAT COTTAGE NOSH SHALL NOT BE LIABLE FOR ANY ILLNESS, HEALTH PROBLEM, OR OTHER DAMAGES THAT MAY RESULT FROM ANY ORDER OR CONSUMPTION OF ANY FOODS AND RELATED ITEMS PURCHASED THROUGH THE SERVICE.  BUYERS ASSUME THE RISK OF ANY DAMAGES RESULTING FROM THE CONSUMPTION OR SERVING-TO-OTHERS OF FOODS PURCHASED USING THE SERVICES. 

2. Understanding Cottage Nosh’s Limitations as a Venue

Cottage Nosh provides a venue for buyers to discover and purchase from sellers. It is important to note that Cottage Nosh is not a part of that transaction. By shopping on Cottage Nosh, you (as a buyer) understand that:

  1. You are not buying directly from Cottage Nosh, but from one of the many talented sellers on Cottage Nosh;
  2. Cottage Nosh does not pre-screen or verify representations made by sellers and therefore does not guarantee or endorse any items sold on Cottage Nosh or any content posted by sellers (such as photographs or language used in listings and/or labels);
  3. The Cottage Nosh Badging System is not and is not meant or intended to give the impression that Cottage Nosh has pre-screened or verified any information about or provided by Sellers.  The Badging System is a gating feature that enables Sellers to provide information to Cottage Nosh to increase the probability that Sellers are operating in accordance with their Cottage Food Laws.  Cottage Nosh relies entirely on representations made by Sellers to award badges and conducts no independent verifications of Sellers’ representations.
  4. Each seller on Cottage Nosh has their own processing times, fulfillment methods, and shop policies; and
  5. You assume responsibility if you provide your own materials for a custom order.

As a member of the community, you have the opportunity to report an item or a shop that violates any of Cottage Nosh’s policies. Flagging is confidential.

Acceptance of Marketplace Risk and Indemnification: 

Cottage Nosh is not affiliated with or endorsed by any Seller, made available through the Service. Beyond its capacity as a marketplace and technology platform, Cottage Nosh is not a party to or involved in any transaction between Buyers and Sellers, and does not act as a Customer, Seller (or affiliate for a Customer or Seller) or broker with respect to any transactions. There are risks that you assume when dealing with other users (including those who may be acting under false pretenses) and by using the Services you agree that all of these risks are borne by you, and not Cottage Nosh. We encourage you to use the various functionalities of the Service (e.g., Seller profiles,messages, and user reviews) to help evaluate the user with whom you are dealing.

Cottage Nosh does not control the behavior of users of the Service or the information or User Content (defined below) provided by other users. As a result, Cottage Nosh does not guarantee or endorse the legality, authenticity, quality, or safety of any foods or other items offered or sold, the truth or accuracy of any listings, or the ability of Sellers to sell foods or of Buyers to buy foods. We cannot assure that all transactions will be completed. Additionally, Cottage Nosh does not guarantee the ability or intent of users to fulfill their obligations in any transactions. Cottage Nosh reserves the right to delay the completion of any transaction for a reasonable period of time for purposes of fraud detection and otherwise protecting Cottage Nosh and its users from illegal or wrongful activities or other violations of these Terms of Services.

You agree to release, indemnify and hold Cottage Nosh and its affiliates and their officers, employees, directors and agents (collectively, “Indemnitees”) harmless from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Service, any User Content, your connection to the Service, your violation of these Terms of Service or your violation of any rights of another. Notwithstanding the foregoing, you will have no obligation to indemnify or hold harmless any Indemnitee from or against any liability, losses, damages or expenses incurred as a result of any action or inaction of such Indemnitee. If you are a California resident, you 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.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.

3. Communicating with Other Cottage Nosh Members

Messages

You can use Cottage Nosh’s Messages (“Messages”) tool to communicate directly with sellers or other Cottage Nosh members. Messages are a great way to ask sellers any questions you have about an item or an order. Messages may not be used for the following activities:

  1. Sending unsolicited advertising or promotions, requests for donations, or spam;
  2. Harassing or abusing another member or otherwise violating our Anti-Discrimination Policy;
  3. Contacting someone after they have explicitly asked you not to; or
  4. Interfering with a transaction or the business of another member.

Interference

Interference occurs when a member intentionally interferes with another member’s shop in order to drive away their business. Interference is strictly prohibited on Cottage Nosh. Examples of interference include:

  1. Contacting another member via Cottage Nosh Messages to warn them away from a particular member, shop, or item;
  2. Posting in public areas to demonstrate or discuss a dispute with another member;
  3. Purchasing from a seller for the sole purpose of leaving a negative review;
  4. Maliciously clicking on a competitor’s Promoted Listings ads in order to drain that member’s advertising budget, also known as “click fraud.”

Harassment

Any use of Cottage Nosh Messages to harass other members is strictly prohibited. Similarly, Messages may not be used to support or glorify hatred or otherwise violate our Anti-Discrimination Policy. If you receive a Message that violates this policy, please let us know right away by emailing us at [email protected]

4. Purchasing an Item on Cottage Nosh

When you buy from a shop on Cottage Nosh, you’re directly supporting an independent business, each with its unique listings, policies, and processing times. By making a purchase from a seller on Cottage Nosh, you agree that you have:

  1. Read the item / listing description before making a purchase;
  2. Submitted appropriate payment for item(s) purchased; and
  3. Provided accurate fulfillment information to the seller.

5. Leaving a Review of an Item

Reviews are a great way to learn about a seller’s items, help good sellers build a strong reputation, or help warn other buyers about a poor experience. You can leave a review, including a one to five star rating and, in future iterations, a photograph of your purchase, for 100 days after your item’s fulfillment date. Your review and/or photograph and profile information will be publicly displayed on the seller’s listing and review pages.

By leaving a review or photograph, you acknowledge that your content may not:

  1. Contain private information;
  2. Contain obscene, racist, or harassing language or imagery;
  3. Violate our Anti-Discrimination Policy;
  4. Contain prohibited medical drug claims;
  5. Contain advertising or spam;
  6. Be about things outside the seller’s control, such as, Cottage Nosh, or a third party;
  7. Contain threats or extortion;
  8. Include shilling or otherwise falsely inflate a shop’s review score; or
  9. Undermine the integrity of the Reviews system.

By uploading a photograph to one of Cottage Nosh’s websites or Cottage Nosh’s mobile app, you warrant that:

  1. You own the photograph or you have the rights or permission to use the photograph; and
  2. You understand that, as stated in Cottage Nosh’s Terms of Use, Cottage Nosh has license to use any content you provide to Cottage Nosh.

Sellers may respond to reviews. Sellers’ responses to reviews must also comply with this policy. Sellers may may report reviews that violate our Terms of Use.

We reserve the right to remove reviews or photographs that violate our policies or Terms of Use.

6. Creating and Uploading Content

As a member of Cottage Nosh, you have the opportunity to create and upload a variety of content, like Messages, text, photos, and videos. In order to keep our community safe and respectful, you agree that you will not upload content that is:

  1. Abusive, threatening, defamatory, harassing, or otherwise in violation of our Anti-Discrimination Policy;
  2. Obscene or vulgar;
  3. In violation of someone else’s privacy or intellectual property rights; or
  4. False, deceptive, or misleading.

7. Reporting a Problem with an Order or Returning an Item

Cottage Nosh’s Case System

Although Cottage Nosh is not directly involved in a transaction between a buyer and a seller, we provide a case system in the unlikely event that your order does not go as expected. By using Cottage Nosh’s case system, you understand that Cottage Nosh may use your personal information for the purpose of resolving disputes with other members. You can use Cottage Nosh’s case system to come to a resolution with the seller in the event of a non-fulfillment or if an item you receive is not as described in the listing. If you choose a refund as your preferred resolution, keep in mind that Cottage Nosh only allows on-platform refunds for a period of 14 days post-transaction. After this 14 day window has elapsed, Cottage Nosh cannot support on-platform refunds for your order. However, you may still communicate directly with the seller to come to an off-platform resolution. Refunds issued by Cottage Nosh will be in your original form of payment.

Non-Fulfillment

A non-fulfillment occurs when a buyer places an order but does not receive the item. The following are examples of non-delivery cases:

  1. An item was not delivered to the address provided on Cottage Nosh.
  2. An item was not available when the buyer came to the pre-arranged Pickup location at the pre-arranged time.

Not as Described

An item is not as described if the buyer can demonstrate that it is significantly different from the seller’s listing description or photos. 

Not as described cases can also be filed for late delivery. In order to qualify as late delivery, the buyer must provide proof that all of these conditions have been met:

  1. The item(s) were ordered for a specific date.
  2. The item(s) are rendered useless after that date.
  3. The seller did not deliver the item(s) according to their processing time or the date agreed upon.

If Cottage Nosh determines that an item is not as described, the seller will be required to refund the order, including any additional fees associated with that order. 

Ineligible Transactions

Some disputes don’t qualify for Cottage Nosh’s case system. These include:

  1. Items that are accurately described but don’t meet a buyer’s expectations.
  2. Items that are purchased in person.
  3. Items prohibited from sale on Cottage Nosh, including services and intangible goods, and/or items that are not covered by the seller’s license.
  4. Transactions where payment is not made via Cottage Nosh’s checkout system.

Requesting a Cancellation

Sellers establish their own cancellation policies when they set up their shop policies.  Some orders may not be eligible for cancellation refunds. Buyers may request that a seller cancel an order via the Cottage Nosh buyer interface. Note that all cancellations must comply with our Anti-Discrimination Policy.  To be eligible for a cancellation refund, the buyer must cancel within the cancellation window established by the Seller’s store policies.

Minors Policy

Cottage Nosh’s Terms of Use require all account owners to be at least 18 years of age. Individuals under the age of 18 are considered minors on Cottage Nosh. Minors under age 13 are not allowed on Cottage Nosh. Minors under 18 and at least 13 years of age are permitted to use Cottage Nosh’s services only if they have the appropriate permission and direct supervision of their parent or legal guardian who is the owner of the account.

You are responsible for any and all account activity conducted by a minor on your account. You may wish to use commercially-available parental control protections, such as computer hardware, software, or filtering services, in order to limit access to various material online that may be inappropriate for minors. See here for more information.

The following restrictions are in place for legal reasons, not because we think kids or teens are any less creative or capable.

Accounts on Cottage Nosh

All minors over 13, both buyers and sellers, must follow these policies on Cottage Nosh:

  • Minors may not make purchases unless they have appropriate permission and are under the direct supervision of their parent or legal guardian who owns the account.
  • All financial information on the account, such as a credit card or Stripe account, must be that of the parent or legal guardian.

Selling on Cottage Nosh

Minors who are 13 or over who wish to sell on Cottage Nosh must follow some additional policies:

  • The account owner (who must be the Minor’s parent or legal guardian) and the Minor must fill out, sign, and submit the Junior Baker Consent Form via the Badges feature or via [email protected]
  • The Account Owner must use the Badging feature of the Account Owner’s profile to request a Junior Baker badge which will be displayed on the Account Owner’s public-facing pages.
  • Use the About section to disclose all members of the shop, including the parent or legal guardian who owns the account, as well as any minors that play a part of running the shop.
  • All billing information must belong to the parent or legal guardian responsible for the account (the Account Owner).
  • All payment related financial information must be that of the parent or legal guardian (the Account Owner), and the parent or legal guardian must register using their information.

Intellectual Property Policy

As a venue for culinary artists, Cottage Nosh takes intellectual property rights very seriously. We comply with intellectual property laws and industry best practices in order to maintain the integrity of our marketplace. This Intellectual Property Policy explains how we address allegations of infringement, how authorized parties can submit proper notices of infringement regarding content on our marketplace, and how Cottage Nosh sellers can respond when their listings or shops are affected by a notice.

Cottage Nosh’s Role

Cottage Nosh is a marketplace comprised of individual third-party sellers who run their own shops, create their own policies, and are responsible for their inventory, fulfillment, and complying with the law. We provide a venue, but Cottage Nosh does not manufacture goods, hold inventory, or ship items on behalf of our sellers. The content uploaded on Cottage Nosh’s marketplace is generated by independent sellers who are not employees, agents, or representatives of Cottage Nosh. Sellers are responsible for ensuring they have all necessary rights to their content and that they are not infringing or violating any third party’s rights by posting it.

Cottage Nosh reserves the right to disable any listing, shop, or account that we believe violates our Terms of Use, including this Intellectual Property Policy. Cottage Nosh also reserves the right to take action against abusers of Cottage Nosh’s Intellectual Property Policy or our Terms of Use.

Cottage Nosh can’t speak on behalf of intellectual property owners, nor is Cottage Nosh in a position to offer legal advice or make legal determinations whether a shop’s content infringes someone else’s intellectual property. Cottage Nosh will remove material cited for alleged intellectual property infringement when provided with a proper notice.

Notices of Intellectual Property Infringement

Cottage Nosh strives to respond quickly when we receive proper notice of intellectual property infringement by removing or disabling access to the allegedly infringing material. When Cottage Nosh removes or disables access in response to a notice, Cottage Nosh makes a reasonable attempt to contact the affected member, provide information about the notice and removal, and, in cases of alleged copyright infringement, provide information about how to submit a counter notice. Cottage Nosh may also provide a copy of the infringement notice, including the name and email address of the reporting party, to the affected member.

Please use [email protected] to provide notice of claimed infringement to Cottage Nosh’s Designated Agent under the Digital Millennium Copyright Act (DMCA) and for other intellectual property claims.  The following are requirements for submitting DMCA  notices of infringement and DMCA counter notices to Cottage Nosh.

i. Notice Requirements
ii. Counter Notice Requirements
iii. Cottage Nosh’s Designated Agent to Receive Notifications

i. Notice Requirements

To report infringement to Cottage Nosh’s designated agent, please send a notice of infringement via email to [email protected], which must include all of the following information:

  1. A signature of a person authorized to act on behalf of the intellectual property owner whose right has been allegedly infringed upon. Signatures may be provided electronically by typing your name.
  2. Identification in sufficient detail of the work allegedly infringed upon.
  3. Identification of the allegedly infringing material on Cottage Nosh including the specific location of the material so that Cottage Nosh can find it. For listings, please provide the Cottage Nosh listing URL to each item you allege is infringing.
  4. The name of the intellectual property owner and contact information for the notifier, including name, address, telephone number, and email address.
  5. A statement that the notifier has a good faith belief that the material is not authorized by the intellectual property owner, its agent, or the law.
  6. A statement that the information provided in the notice is accurate, and under penalty of perjury, that the notifier is authorized to make the complaint on behalf of the copyright owner.

If you misrepresent that material is infringing, you may be liable for damages (including costs and attorneys’ fees). Therefore, if you are not sure whether the material is infringing, please contact an attorney before submitting a notice to Cottage Nosh. Fraudulent or abusive notices or other misuse of Cottage Nosh’s Intellectual Property Policy may result in account termination or other legal consequences.

ii. Counter Notice Requirements

To submit a copyright counter notification to Cottage Nosh’s designated agent, please submit the countering information via [email protected]  The following information must be included.

If you have a good faith belief that material removed or disabled as a result of a notification of copyright infringement to Cottage Nosh involved a misidentification or mistake, you may send a counter notice via email to [email protected] Nosh.com. A counter notice must include all of the following information:

  1. Your signature, which may be provided electronically by typing your name
  2. Identification of the material that has been removed or to which access has been disabled. For listings, please provide the Cottage Nosh listing URL to each item before it was removed or disabled.
  3. A statement made under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material.
  4. Your name, address, telephone number, and email address.
  5. A statement that you consent to the jurisdiction of the Federal Court for the judicial district in which you are located, or if your address is located outside the United States, for any judicial district in which Cottage Nosh is located, and that you will accept service of process from the person who provided the original notification or an agent of such person

If you misrepresent that material is not infringing, you may be liable for damages (including costs and attorneys’ fees). If you are not sure whether or not the material is infringing, please contact an attorney before submitting a counter notice to Cottage Nosh. Fraudulent or abusive counter notices or other misuse of Cottage Nosh’s Intellectual Property Policy may result in account termination or other legal consequences.

iii. Cottage Nosh’s Designated Agent to Receive Notifications

Cottage Food Enterprises, Inc.
Attention DMCA Designated Agent
646 West 227th Street
Bronx NY, 10463

[email protected]

Cottage Nosh may request additional information before processing a notice, such as identity verification of the reporting party or documentation regarding the claimed right. Cottage Nosh may reject notices or counter notices that contain information we believe is false, fraudulent, incomplete, or otherwise submitted in bad faith. Cottage Nosh also reserves the right to take action against abusers of this policy.

C.  Counter Notice

In accordance with the Digital Millennium Copyright Act (DMCA), Cottage Nosh accepts counter notices for copyright notices only. When Cottage Nosh receives a DMCA counter notice, we will provide a copy of the counter notice to the original complaining party. The removed material may be replaced or access to it may be restored 10 business days after the counter notice is processed, unless the copyright owner files an action seeking a court order against the allegedly infringing party and informs Cottage Nosh of this action.

D. Repeat Infringement

Cottage Nosh terminates selling privileges of members who are subject to repeat or multiple notices of intellectual property infringement in appropriate circumstances and at Cottage Nosh’s discretion. If we believe a member has attempted to open a new shop after termination of the initial account, we reserve the right to refuse all services to that member. These actions apply to any accounts we believe are associated with or operated by the affected member. Per our Terms of Use, Cottage Nosh reserves the right to terminate account privileges at any time, for any reason, and without advance notice.

E. Notice Withdrawals

Cottage Nosh only accepts withdrawals of infringement notices directly from the intellectual property owner or authorized representative who submitted the claim. The withdrawal must clearly state that it is a formal withdrawal and sufficiently identify the member and/or material (such as by providing the username, shop name, and Cottage Nosh listing URLs).

Once Cottage Nosh receives a formal withdrawal of a notice of infringement, Cottage Nosh makes reasonable attempts to contact both parties involved to confirm receipt from the party submitting the withdrawal and to inform the member affected by the withdrawal. Please note that infringement matters are reviewed on a case-by-case basis, and withdrawals do not guarantee changes to a member’s shop status.

Antidiscrimination Policy

This policy is a part of our Terms of Use. Cottage Nosh and/or its affiliates prohibits the use of our Services to discriminate against people based on the following personal attributes (collectively, “protected groups”):

  • Race
  • Color
  •  Ethnicity
  • National origin
  •  Religion
  • Gender
  • Gender identity
  • Sexual orientation
  • Disability
  • Any other characteristic protected under applicable law

It is your responsibility to know your local laws and any other legal regulations on discrimination that might apply to you. Additionally, Cottage Nosh and/or its affiliates do not allow hate speech. Hate speech occurs when violent, offensive, derogatory or demeaning language is directed at a person or group based on their one or more protected group attributes.

Whether you’re engaging with public features on Cottage Nosh and/or its affiliates, such as listing items, using community spaces, and writing reviews, or having direct communication with other members of the Cottage Nosh and/or its affiliates community, such as via Messages, discrimination and hate speech are not allowed. As a seller on Cottage Nosh and/or its affiliates, your shop content, including shop announcements and shop policies, cannot display discriminatory behavior toward protected groups. Examples of prohibited behavior include, but are not limited to:

  • Refusal of service based on membership in one or more protected group
  • Expressing intolerance or a lack of respect for another member on the basis of protected group attributes
  • Having a shop policy that excludes sales to members of one or more protected groups listed above
  • Directly or indirectly making derogatory or demeaning remarks against protected groups listed above
  • Racial slurs
  • Posts that support or glorify hate groups and their members

If you think discrimination or hate speech has occurred on Cottage Nosh and/or its affiliates, please report it by emailing [email protected], and we will investigate. If you see a listing on Cottage Nosh and/or its affiliates which you believe violates our Prohibited Items Policy, including prohibited hate items, we encourage you to report the item by using the Report this item to Cottage Nosh at the bottom of each listing page. We have a timely review process for all reports.

Contact Information

If you have any questions about the Terms, please email us at [email protected].