Terms of Service

2.1 Age Requirement

You must be at least eighteen (18) years of age, or the age of majority in your jurisdiction, whichever is greater, to create an account and use the Platform. By registering, you represent and warrant that you meet this requirement.

2.2 Account Creation

To place orders, you must create an account by providing accurate, current, and complete information, including your name, email address, delivery address, and phone number. You are responsible for:

• Maintaining the confidentiality of your account credentials;
• All activities that occur under your account, whether or not authorized by you; and
• Notifying us immediately at support@bellpepper.shop of unauthorized use of your account or another security breach.

2.3 One Account Per Person

Each individual may maintain only one active Customer account. The Company reserves the right to merge or terminate duplicate accounts.

2.4 Account Suspension and Termination

We reserve the right to suspend or terminate your account at any time, with or without cause and with or without prior notice, including for:

• Violation of these Terms or another Company policy;
• Fraudulent, deceptive, or illegal activity;
• Abusive, threatening, or harassing behavior toward Farmers, Company personnel, or other users;
• Failure to pay for orders or chargebacks initiated in bad faith; or
• Conduct that the Company determines, in its sole discretion, is harmful to the Platform or its users.

3.1 Product Listings

Product descriptions, photographs, pricing, and availability are provided by Farmers and may change without notice. The Company does not independently verify or guarantee the accuracy, completeness, or reliability of product descriptions, photographs, or nutritional information. Products are subject to seasonal availability, and specific varieties, sizes, weights, or quantities may vary.

3.2 Order Acceptance and Cancellation

Placing an order through the Platform constitutes an offer to purchase. All orders are subject to acceptance by the applicable Farmer. The Company and/or the Farmer may refuse or cancel an order for any reason, including pricing errors, product unavailability, suspected fraud, or inability to deliver. If an order is canceled after payment has been processed, you will receive a full refund to your original payment method.

3.3 Pricing, Fees, and Payment

All prices are listed in United States dollars. The amount due at checkout includes:

• The product price set by the Farmer;
• A platform service fee, as disclosed at checkout;
• Delivery fees, if applicable; and
• Applicable state and local taxes.

Payment is processed securely through Stripe, Inc. ("Stripe"), a third-party payment processor, subject to Stripe's terms of service and privacy policy. By providing payment information, you authorize the Company to charge the total amount due. The Company does not store your full credit card number and is not responsible for fees, charges, errors, or delays imposed by Stripe or your financial institution.

3.4 Substitutions

Because farm-fresh products are seasonal, Farmers may need to make reasonable substitutions for unavailable items. If a substitution is necessary, the Farmer will attempt to provide a product of comparable or greater value. You will be notified through the Platform and may reject the substitution for a refund of the substituted item.

4.1 Delivery Terms

Delivery is coordinated through the Platform and may be fulfilled by Farmers directly, third-party delivery services, or another arrangement specified at checkout. Estimated delivery times are provided as a convenience and are not guaranteed. The Company is not liable for delays caused by weather, traffic, vehicle breakdowns, natural disasters, or other circumstances beyond reasonable control.

4.2 Risk of Loss

Risk of loss and title for purchased products pass to you upon confirmed delivery to the designated delivery address. The Company is not responsible for products left unattended after delivery, including loss or damage due to theft, spoilage from temperature exposure, tampering, animals, weather, or another post-delivery occurrence.

4.3 Delivery Instructions and Access

You are responsible for providing accurate and complete delivery instructions, including gate codes, building access information, and drop-off locations. If delivery cannot be completed because of incorrect or incomplete information, access restrictions, or your unavailability, additional delivery attempts may incur fees, and the Company is not responsible for quality deterioration of perishable products.

6.1 Third-Party Payment Processor

All payment transactions on the Platform are processed exclusively by Stripe. The Company does not directly process, store, transmit, or have access to full credit card numbers, debit card numbers, bank account numbers, CVV/CVC codes, or other sensitive payment credentials. Payment data is collected, encrypted, transmitted, and stored by Stripe under Stripe's security practices and privacy policy. Payment information provided to Stripe is governed by Stripe's terms and privacy policy, not these Terms.

6.2 No Liability for Third-Party Security Breaches

The Company shall not be liable for any loss, damage, claim, or expense arising from or related to:

• Unauthorized access to, breach of, or compromise of Stripe's systems or security infrastructure;
• Unauthorized access to, theft of, interception of, or disclosure of payment or financial information held, processed, or transmitted by Stripe or another provider;
• Errors, delays, failures, or disruptions in Stripe's payment processing services;
• Fraudulent transactions processed through Stripe, except to the extent directly caused by the Company's gross negligence or willful misconduct; or
• Losses resulting from phishing, social engineering, or attacks targeting your Stripe account or payment credentials.

6.3 Limitation on Data Security Obligations

While the Company implements commercially reasonable security measures for personal information within its direct control, it cannot guarantee the absolute security of information transmitted to or from the Platform. No data transmission or storage system is one hundred percent (100%) secure, and you transmit information at your own risk. The Company is not liable for unauthorized access to, loss of, alteration of, or destruction of personal information resulting from circumstances beyond its reasonable control, including hacking, cyberattacks, third-party breaches, internet failures, or your failure to protect account credentials.

6.4 Your Security Responsibilities

You are responsible for maintaining the confidentiality and security of your credentials, using strong and unique passwords, enabling available multi-factor authentication, promptly notifying the Company and Stripe of suspected unauthorized use, and monitoring financial statements for unauthorized transactions. The Company is not liable for losses arising from your failure to safeguard credentials.

7.1 Controlled Substances and Illegal Products

The Platform is exclusively intended for lawful agricultural products, farm-fresh produce, and related food items. The following products may not be listed, offered, sold, purchased, or distributed through the Platform:

• Controlled substances under the federal Controlled Substances Act or Michigan law, including marijuana, cannabis, THC products, psilocybin, and Schedule I through V controlled substances, regardless of state-law treatment;
• Products containing undisclosed or mislabeled psychoactive, intoxicating, or controlled substances;
• Products adulterated with substances not lawfully permitted as a food ingredient or additive;
• Alcoholic beverages, tobacco, nicotine, or vaping products;
• Products requiring a special license that the Farmer does not possess, including firearms, ammunition, fireworks, or pesticides;
• Products subject to an active recall, regulatory ban, or import restriction; and
• Products illegal to sell, distribute, or possess under applicable law.

7.2 Zero-Tolerance Enforcement

The Company maintains a zero-tolerance policy for controlled substances and illegal products. A Farmer or Customer found to be listing, selling, purchasing, soliciting, or facilitating prohibited products may be subject to immediate and permanent account termination without notice, forfeiture of pending payouts, and referral to appropriate law enforcement. The Company will cooperate with law-enforcement investigations.

7.3 Reporting

Report a listing or transaction involving prohibited products to support@bellpepper.shop or through the in-app reporting feature. Reports may be made anonymously.

9.1 Company Intellectual Property

All content on the Platform, including text, graphics, logos, icons, images, audio, digital downloads, data compilations, software, and the compilation thereof, is owned by Bell Pepper Market or its content suppliers and protected by United States and international intellectual-property laws.

9.2 Trademarks

The Bell Pepper Market name, logos, and related product and service names, designs, and slogans are trademarks of the Company or its affiliates. You may not use these marks without prior written permission.

9.3 User Content

By submitting content to the Platform, including reviews, photographs, and messages, you grant the Company a non-exclusive, royalty-free, perpetual, irrevocable, worldwide license to use, reproduce, modify, adapt, publish, translate, distribute, and display that content in connection with operating and promoting the Platform. You represent that you own or have the rights needed to grant this license.

9.4 DMCA Notice

If you believe Platform content infringes your copyright, submit a DMCA notice to support@bellpepper.shop with a description of the copyrighted work, the location of the material, your contact information, a good-faith statement, and a statement under penalty of perjury that the notice is accurate and authorized.

11.1 Exclusion of Certain Damages

To the fullest extent permitted by law, Bell Pepper Market, its officers, directors, employees, agents, affiliates, successors, and assigns shall not be liable for indirect, incidental, consequential, special, exemplary, or punitive damages, including loss of profits, revenue, goodwill, use, data, or other intangible losses, arising out of or relating to use of or inability to use the Platform, products purchased through the Platform, or these Terms, regardless of the theory of liability and even if advised of the possibility.

11.2 Cap on Liability

To the extent permitted by law, the Company's total aggregate liability for claims arising out of or relating to these Terms or your use of the Platform will not exceed the greater of (a) the total amount you actually paid to the Company through the Platform during the six (6) months before the event giving rise to the claim or (b) one hundred dollars ($100).

11.3 Basis of the Bargain

These limitations and exclusions reflect a reasonable allocation of risk and are a fundamental element of the bargain between you and the Company. The Platform would not be provided without these limitations.

11.4 Applicable Law Savings Clause

Some jurisdictions do not allow exclusion or limitation of certain damages. In those jurisdictions, the Company's liability is limited to the fullest extent permitted by law.

13.1 Informal Resolution

Before initiating a formal proceeding, contact us at support@bellpepper.shop to attempt informal resolution. The parties will use good-faith efforts to resolve a dispute within thirty (30) calendar days after written notice.

13.2 Binding Arbitration

If a dispute is not resolved within thirty (30) days, you and Bell Pepper Market agree to resolve it exclusively through final and binding arbitration rather than court. Arbitration will be administered by the American Arbitration Association under its Consumer Arbitration Rules then in effect and will take place in Michigan unless the parties agree otherwise. The decision will be final and binding. Each party bears its own costs and attorneys' fees unless the arbitrator determines a claim was frivolous.

13.3 Class Action Waiver

You and the Company agree that dispute proceedings will be conducted only individually and not in a class, consolidated, or representative action. You waive participation as a plaintiff or class member in a class, collective, or representative proceeding. If this waiver is unenforceable, the arbitration provision is null and void.

13.4 Small Claims Court Exception

Either party may bring an individual action in small claims court for claims within that court's jurisdictional limits.

13.5 Injunctive Relief

Nothing in this section prevents either party from seeking injunctive or equitable relief from a court to prevent actual or threatened infringement, misappropriation, or violation of intellectual-property rights.

18.1 Severability

If a provision is invalid, illegal, or unenforceable, it will be modified to the minimum extent necessary or severed if modification is not possible. The remaining provisions remain in effect.

18.2 Waiver

No waiver of a term or condition is a continuing waiver or a waiver of another term or condition. Failure to assert a right does not waive that right.

18.3 Assignment

You may not assign or transfer these Terms or related rights and obligations without prior written consent. The Company may freely assign these Terms. They bind and benefit the parties and their permitted successors and assigns.

18.4 Entire Agreement

These Terms, together with the Privacy Policy, Refund and Return Policy, End User License Agreement, Acceptable Use Policy, Cookie and Tracking Technologies Policy, and other incorporated policies or agreements, constitute the entire agreement about use of the Platform and supersede prior or contemporaneous understandings.

18.5 Headings

Section headings are for convenience only and have no legal or contractual effect.