Seller's Terms of Use

Seller policy

ELIGIBLE SELLERS

In order to list products for sale through the From the Land of Kansas E-Commerce shop (hereinafter “Shop”), Sellers must be either current From the Land of Kansas members in good standing at Level 3 or higher or current From the Land of Kansas supporter in good standing at Four star or higher.

The process to become approved as a Seller is as follows:

  • The From the Land of Kansas member must create a web profile, or update their profile if one already exists, to request to be approved as a Seller (it is important to use the company name in the registration to ensure the trademark team knows to approve the member as a Seller).
  • The From the Land of Kansas team selects the member as "Seller.”
  • An email is sent to Seller alerting the Seller to complete their store profile.
  • When the Seller completes the store profile, From the Land of Kansas trademark team admin is alerted.
  • The From the Land of Kansas enters the tax information and approves the store profile.
  • The Seller is alerted that they can now submit products for review. 

PRODUCTS

To be eligible for posting and sale, products shall:

Be processed in a licensed facility according to relevant state and federal statutes and regulations; 

  • Have an agriculture input or agricultural purpose; and
  • Not contain hazardous materials, as determined by the From the Land of Kansas team.

The number of products members and supporters will be permitted to post for sale shall be based on From the Land of Kansas membership level, as follows:

  • Level 3 members- 5 products
  • Level 4 members- 10 products
  • Level 5 members- 25 products
  • Four star supporter- 1 products
  • Five star supporter- 2 products
  • Six star supporter- 3 products
  • Champion supporter- 4 products

Product approval process

  • Products will be entered into the Seller’s store
  • Once products are entered by the Seller they are submitted for From the Land of Kansas trademark team approval.
  • The From the Land of Kansas trademark team will use all reasonable effort to approve products within three business days; however, the From the Land of Kansas trademark team does not guarantee that products will be approved precisely within this time frame.
  • The From the Land of Kansas trademark team will only approval the maximum number of products allowed as defined by membership or support level.
  • Inventory
  • A Seller may set the inventory for each product with notifications for when an inventory is low.
  • Any product may be added or removed at any time after it is approved by the Seller.

 

FRONT PAGE ADVERTISING

  • Advertising is available to two products at a time and are sold on a two week basis.
  • Advertising units are 400 pixels long by 200 pixels tall.
  • The cost of the advertising is dependent on whether or not creative files are provided or if they need to be created by the From the Land of Kansas team, as follows.
    • If files is provided: $25/ two week time period
    • If file needs to be created: $75/initial ad creation and first two weeks
  • Advertisements must include an image or logo.
  • In order to book an advertisement for your product, contact the From the Land of Kansas team at fromthelandofkansas@kda.ks.gov.  Include the dates that you would like to advertise, the file (if it is ready), or the copy and photo if it is to be created.
  • Advertisements may not contain any inappropriate language or images and will be approved by the From the Land of Kansas team prior to posting.

 

TRANSACTIONS

Funding Account Information

  • From the Land of Kansas has chosen Stripe as the third-party payment processor. 
  • Your bank account information will not be stored on a Kansas Department of Agriculture server, but within a secure server at Stripe.

Transactions shall be subject to the following: 

  • Revenues
    • Products
      • The amount charged for the product is distributed to the Seller of that product, minus applicable deductions detailed below.
    • Shipping
      • The amount charged for shipping is distributed to the Seller of that product, minus applicable deductions detailed below.
  • Deductions
    • Sales Tax:
      • The amount charged for sales tax is distributed to the Seller of that product, minus the applicable deductions detailed below.
      • Sales tax will be assessed for sales in states in which the business has a nexus for purposes of assessing sales taxes. 
      • The Seller represents the information reported to the KDA regarding the assessment of sales tax is accurate and complete.  The Seller is solely responsible for compliance with applicable state sales tax laws.
    • From the Land of Kansas processing charges:
      • The From the Land of Kansas program will retain 3% of the product price as the charge for selling products on the site.
      • These funds will be used for ongoing site maintenance of the site.
    • Stripe fund distribution charges:
      • Stripe will charge $0.25 for each and every fund distribution.  This $0.25 will be withheld from the fund distribution.
    • Stripe processing charges:
      • Stripe will 2.9% of the total order (including taxes) as well as a flat $0.30 per order.
      • The 2.9% will be removed from funds available to the Seller based on their sales amount.
      • If only one Seller is on the account, then $0.30 will be deducted from the funds they are distributed.  If more than one Seller is on the account, the $0.30 deduction will be split evenly between each Seller on the account.
  • Fund distribution
    • Funds are distributed once per month on the last day of the month.
    • There will be a minimum of five days after an item has been marked shipped before funds will be distributed
    • Funds will not be distributed until the item sold is marked as “shipped.”
    • If From the Land of Kansas needs to refund a customer’s credit card (due to customer complaint or otherwise), the amount of the refund will need to be charged to the Seller.

 

SHIPPING

  • Options
    • A Seller adds the weight of the products into the system and it calculates a shipping charge based on a set formula.
    • The Seller may offer any or all the following shipping options:
      • By weight expedited
      • Next day
      • Standard
      • Free shipping
  • Process and Timing
    • The Seller will receive a notification at the email address identified in the Seller profile once the Seller receives an order. 
    • Once the Seller receives the notification, the shipment must be sent , using the type of distribution chosen by the buyer, by the end of the second working day following the day the purchase was made.  (Example: if the product was purchased at 8 p.m. on Wednesday to be shipped ground,  the product needs to ship out via ground from whichever carrier the Seller prefers by end of business day on Friday.)
  • Products requiring additional packaging such as temperature controlled shipments
    • The cost of additional materials for shipping for products that require additional materials, such as temperature controlled items, must be included in the cost of the product.  Shipping rates cannot be adjusted by the Seller to account for such additional materials.

 

SALES TAX

  • Sales tax will only be charged for the purchase shipped to the states that the Seller has nexus 
  • Sales tax is calculated through a third-party program to ensure tax rates are up-to-date.
  • Tax reports will be provided annually for all sales completed through the site. Annual reports will be provided by January 31 every year.

 

SALES REPORTS

  • Reports can be pulled at any time through the program by the Seller
  • The KDA does not take title to returned items. Returned items are sent back to the seller indicated in each sale. The seller does not take the title to returned items until the item arrives at their indicated locations

     

    LISTING OBLIGATIONS

    By listing an item for sale in the Shop, the Seller warrants that the Seller may legally sell the item, and that the item does not infringe on the intellectual property rights of any third party.  All listings must accurately and completely describe the item/items for sale in that listing.  The From the Land of Kansas team reserves the right to remove, in its sole discretion, any listing that is not consistent with this policy.

     

    LIABILITY

    The Seller agrees that by selling products through the Shop, the Seller shall be solely responsible for the quality, workmanship, design, labeling, safety, and all other aspects of products listed for sale by the Seller.  The Seller agrees to protect, defend, indemnify and hold the State of Kansas, Department of Agriculture, and its employees (the “State”) harmless from all claims, losses, damages, and expenses, which may be asserted against or be incurred by the State, whether direct or indirect, foreseeable or unforeseeable, including, but not limited to, those resulting from injuries to any person or damage to any property, caused in any manner by any act or failure to act of the Seller in connection with the furnishing of products through the Shop, or because of any imperfection or defect in said products, or based upon any claim of product liability or strict liability in tort, or because of the failure or such products to be in accordance with the description of such products as may appear in the product listing, or because of the failure of such goods to be produced in compliance with the requirements applicable state or federal laws or regulations.

     

    ELECTRONIC COMMUNICATIONS: By creating an account with the Shop or by sending emails to administrators of the site or employees, contractors, or agents of the Kansas Department of Agriculture, you are agreeing to communicate with us electronically and consent to receive communications electronically.  Notices may be provided to you by email or through posting on this site.  You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

     

    APPLICABLE LAW

    Seller agrees that the laws of the State of Kansas will govern these terms and conditions, your use of the Shop, and any dispute that may arise from the same.

     

    MODIFICATION, AND SEVERABILITY

    The Kansas Department of Agriculture reserves the right to make changes to our site and these terms and conditions at any time. If any of these terms and conditions shall be deemed invalid, void, or for any reason unenforceable, that term or condition shall be deemed severable and shall not affect the validity and enforceability of any remaining terms and conditions.