Rules for selling on the Brewhaus Marketplace

The rules below apply to all vendors on our marketplace, and are intended to improve the customer experience, which in turn will make our marketplace a more enticing place for home beer, wine, and distilling hobbyists to use as their one-stop shopping location.  As a result, you, as a vendor, have the opportunity to see continued growth in your sales.

In today’s competitive world of online sales, with the likes of Amazon, eBay, and Walmart, it can be extremely difficult and costly to get your products seen through those marketplaces.  Brewhaus offers a marketplace devoted to the home brewer, winemaker, distiller, and small to medium sized commercial distilleries, making it much easier for your potential customer to find you and your products.

Below are the rules for selling your products on our marketplace.  They are intended to ensure a fair selling platform for all of our vendors, today and in the future.  As such, these rules will be updated as necessary to maintain a marketplace that continues to grow, and draw customers with a wide range of interests in the hobby.  This ensures that your products will continue to be seen, and to give you and your business the greatest chance at success.

 

  1. FULL BREWHAUS MARKETPLACE VENDOR AGREEMENT

BREWHAUS MARKETPLACE VENDOR AGREEMENT

This Marketplace Vendor Agreement (“Agreement”) is a legally binding contract between Brewhaus America Inc.(“Marketplace Operator,” “Brewhaus,” “we,” or “us”) and the individual or business entity applying to sell products on the Brewhaus Marketplace (“Vendor,” “you”).

By completing the Vendor Application, clicking “I Agree,” or selling products on the Brewhaus Marketplace (“Marketplace”), Vendor agrees to be bound by this Agreement.

  1. DEFINITIONS
  • Customer – Any end user purchasing products through the Marketplace.
  • Product(s) – Items listed or sold by Vendor on the Marketplace.
  • Commission – Fees payable to Marketplace Operator as described herein.
  • FBB – Fulfilled by Brewhaus.
  • FBS – Fulfilled by Seller (Vendor).
  1. TERM & TERMINATION

This Agreement begins upon Vendor acceptance and continues until terminated.

  • Either party may terminate this Agreement at any time, with or without cause, upon written notice.
  • Brewhaus may suspend or terminate Vendor immediately for material breach, customer harm, regulatory risk, or marketplace integrity concerns.
  • Upon termination:
    • Outstanding orders must be fulfilled or refunded
    • Any provisions which by their nature should survive termination, including but not limited to payment obligations, indemnification, limitation of liability, confidentiality, data protection, and governing law, shall survive termination.

 

2.1 Notice

Notices under this Agreement may be provided by email to the email address on file for each party and will be deemed given when sent.

 

  1. VENDOR OBLIGATIONS & MARKETPLACE RULES

3.1 Fulfillment Options

Vendor may select:

  • Fulfilled by Brewhaus (FBB)
  • Fulfilled by Seller (FBS)

Vendor may change fulfillment methods at any time, subject to operational requirements.

3.2 Customer Redirection Prohibited

Vendor may not redirect customers to external websites or physical stores.

Enforcement:
1st offense: Warning
2nd offense: Permanent removal

3.3 Pricing Parity

If Vendor sells the same Product elsewhere, pricing on the Marketplace must not be higher, excluding limited-time promotions or errors.

Enforcement:
1st offense: Warning
2nd offense: 1-month suspension
3rd offense: Removal

3.4 Product Listings & Accuracy

  • Products must be listed in appropriate categories only
  • Descriptions and images must be accurate and non-misleading
  • No intellectual property infringement permitted

Enforcement:
1st offense: Warning, correction of violation
2nd offense: 1-month suspension
3rd offense: Removal

3.5 Legal Compliance

Vendor warrants that:

  • Products are legal for sale in all target regions
  • Vendor is authorized to resell Products
  • Vendor complies with all applicable laws and regulations

3.6 Product Approval

Marketplace Operator reserves the right to deny or remove any Product deemed unsafe, unsuitable, or inconsistent with Marketplace standards.

3.7 Seller of Record

Vendor is the seller of record for all Products sold through the Marketplace unless expressly stated otherwise in a written Partner Program agreement. Brewhaus acts solely as a marketplace facilitator and/or fulfillment provider.

3.8 Marketplace Role & Disclaimer

Brewhaus operates solely as an online marketplace platform and, where applicable, a fulfillment service provider. Except as expressly stated in this Agreement or a written Partner Program agreement, Brewhaus does not own, manufacture, inspect, label, market, or sell Vendor Products and does not control the quality, safety, legality, or suitability of any Product listed or sold by a Vendor.

Each Vendor acts as an independent seller and is solely responsible for:

  • The Products they list or sell

  • Product descriptions, images, specifications, and representations

  • Compliance with all applicable laws, regulations, and industry standards

  • Pricing, taxes, duties, labeling, warnings, and disclosures

  • Order fulfillment, shipping, returns, refunds, and warranties, except where expressly handled by Brewhaus under an FBB or Partner Program arrangement

Brewhaus does not guarantee Vendor performance, product availability, delivery times, or customer satisfaction, and shall not be deemed a party to any transaction between Vendor and Customer except as a payment facilitator and/or fulfillment provider, as applicable.

Nothing in this Agreement shall be construed as creating any partnership, joint venture, agency, franchise, or employment relationship between Brewhaus and Vendor, nor authorizing Vendor to act on behalf of Brewhaus.

 

  1. CUSTOMER SERVICE, RETURNS & WARRANTIES

4.1 Customer Service

Vendor is responsible for product-related customer support unless otherwise stated (Partner Program).

4.2 Returns

Returns follow the rules and table defined in the Addendum B (Return Policy). Refunds result in deductions from Vendor payouts plus a 5% handling fee.

4.3 Damages in Transit

Responsibility lies with the original shipper. Carrier claims belong to the original shipper.

4.4 Warranty Claims

Warranty claims are between Vendor and Customer. Brewhaus may mediate disputes, and Marketplace determinations are final within the Marketplace environment.

  1. FEES & PAYMENTS
  • Commission rates are as outlined per fulfillment method
  • Payments are issued on a recurring schedule determined by Marketplace Operator
  • Brewhaus may withhold funds for:
    • Returns
    • Chargebacks
    • Investigations
    • Compliance reviews
  • Marketplace Operator will generally issue payouts on a monthly basis, subject to holds for returns, chargebacks, or investigations.

5.1 Chargebacks

Chargebacks are initially paid by Brewhaus. If chargebacks exceed 1% of Vendor’s gross sales over a rolling 30-day period, excess chargebacks will be deducted from Vendor payouts.

5.2 Commission Changes

Marketplace Operator reserves the right to modify commission rates, fulfillment fees, and related charges upon not less than thirty (30) days’ prior written notice to Vendor.

Any such changes will apply prospectively only and will not apply to orders submitted and paid for prior to the effective date of the change.

Continued participation in the Marketplace after the effective date constitutes acceptance of the revised fees. Vendor may terminate this Agreement prior to the effective date if Vendor does not agree to the revised fees.

Notice will be provided in accordance with Section 2.1

  1. FULFILLMENT OPTIONS

See Addendum A for program fulfillment options and fees list.

  1. INDEPENDENT CONTRACTOR STATUS

Vendor is an independent contractor. Nothing in this Agreement creates a partnership, agency, joint venture, or employment relationship.

  1. CONFIDENTIALITY

Vendor agrees to keep confidential all non-public information including pricing, sales data, APIs, customer data, and operational details.

  1. DATA & PRIVACY

Vendor may only use customer data to fulfill Marketplace orders and must comply with applicable privacy laws.

  1. DISCLAIMER OF WARRANTIES

The Marketplace and services are provided “AS IS.” Brewhaus disclaims all warranties except as required by law.

  1. LIMITATION OF LIABILITY

To the maximum extent permitted by law:

  • Brewhaus shall not be liable for indirect, incidental, or consequential damages
  • Total liability shall not exceed commissions paid by Vendor in the preceding 12 months
  1. INDEMNIFICATION

Vendor agrees to defend, indemnify, and hold harmless Brewhaus, its officers, directors, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees)arising from or related to:

  • Products sold by Vendor through the Marketplace

  • Vendor’s role as the independent seller of record for such Products

  • Regulatory violations

  • Intellectual property infringement

  • Customer injury, death, property damage, or economic loss

  • Vendor misconduct, misrepresentation, or breach of this Agreement

  1. FORCE MAJEURE

Neither party is liable for delays or failures caused by events beyond reasonable control.

  1. AGREEMENT MODIFICATIONS

Brewhaus may update this Agreement with notice. Continued Marketplace use constitutes acceptance. Vendor may terminate if they disagree.

  1. GOVERNING LAW & VENUE

This Agreement is governed by the laws of the State of Texas. The parties consent to exclusive jurisdiction and venue in the state or federal courts located in Tarrant County, Texas

  1. ENTIRE AGREEMENT

This Agreement includes and incorporates by reference all addenda, schedules, and marketplace policies, including Addendum A (Fulfillment Options & Fees) and Addendum B (Return Policy), which are fully binding on Vendor.

This Agreement constitutes the entire agreement between the parties and supersedes all prior communications.

 

 

Addendum A

Fulfillment Options & Fees

 

Fulfilled by Brewhaus (FBB)

Description:  Vendor will ship their products to Marketplace Operator.  Marketplace Operator will warehouse, pack, and ship the products to the customer

Fees:

  • Fees- no monthly fee for maintaining a FBB seller account.
  • Vendor is responsible for all costs of packing and shipping products for sale on the Marketplace to Marketplace Operator. Marketplace Operator will notify Vendor of any discrepancies in product received versus packing list as well as any damages of product received.
  • Warehouse/Storage fees- We are currently offering an exemption of warehousing/storage fees for FBB Vendors. Warehousing/Storage fees will be added in the coming months, however, FBB Vendors with accounts in good standing prior to warehousing/storage fees being implemented will be exempt.
  • Picking/Packing fees- The current rate for picking and packing FBB Vendor orders is 2.5%. This includes costs for packing material, order processing, and order labeling.
  • Shipping Charges- Marketplace Operator will pay the shipping charges for shipping Vendor’s products, and will retain 100% of the shipping fees charged to the Customer.
  • Vendor is responsible for maintaining inventory levels for products they offer via the Marketplace.
  • Marketplace Operator commission for Vendor sales is 13%.
  • Marketplace Operator will use reasonable care in storing Vendor inventory and will be responsible for loss or damage caused by Marketplace Operator’s negligence or willful misconduct. Vendor maintains ownership of the inventory until it has been sold and shipped by Marketplace Operator.
  • If Vendor choses to discontinue participation in the FBB program they can, at their discretion, choose to continue participating until all of their inventory is sold, or request that all remaining inventory be returned by Marketplace Operator. If a return of product has been requested, Marketplace Operator will pack and ship the products.  Vendor will be responsible for a 5% handling fee plus all return shipping costs.

 

 

Fulfilled by Seller (FBS)

  • Fees- no monthly fee for maintaining a FBS seller account.
  • Vendor can choose to offer free shipping or charge the customer for shipping, at their sole discretion
  • Vendor can provide their EasyPost API to Marketplace Operator if they wish to offer live shipping rates to customers using their own rates and shipping account.
  • Vendor can choose to use Weight Based or Country Based shipping instead of using live rates.
  • Marketplace Operator commission for Vendor sales is 13%.

 

Partner Program

The Partner Program is exclusive to international manufacturers and distributors who are looking for a simple way to enter the US Market with a trusted partner.  Marketplace Operator will handle all customer interaction, making this a ‘hands-off’ option for international producers.  The same rules for FBB Vendors will be used for Vendor Partners, with the following exceptions:

 

  1. Vendor Partner will provide base cost list to Marketplace Operator. This will be used to calculate retail and wholesale pricing
  2. Retail and Wholesale pricing will be discussed and agreed upon by Vendor Partner and Marketplace Operator.
  3. Vendor Partner and Marketplace Operator will split profits on a 50:50 basis.
  4. Marketplace Operator will offer full customer support of Vendor Partner’s products to the Customer, including, but not limited to general product inquiries, usage instructions, product specification questions, and assembly instructions.
  5. In the case of warranty claims, Marketplace Operator will discuss with Vendor Partner repair or replacement options of the product for the Customer. Marketplace Operator will work with customer to resolve the issue.  In the case of product replacement, Vendor Partner will supply the replacement product, but Marketplace Operator will cover all costs of defective product return and shipping of replacement product.

 

 

Addendum B

Return Policy

 

Reason for Return

Return shipping paid by

Re-shipping paid by

Note

Damage

Shipper

Shipper

 

Dissatisfaction

Vendor

–

FBB Program- only unused item in original packaging, in resalable condition can be returned for a refund

Incorrect Item Shipped

Shipper

Shipper