Terms of service

Agreement for Sale

These terms and conditions of sale ("Agreement") apply to you (the Purchaser)  and your purchase(s) of the machines, parts and accessories listed on the order  acknowledgment ("Products") provided to you by FoodCycler® ("FoodCycler®”, or  the Seller. No course of dealing or custom or usage contrary to this Agreement  shall apply. Notwithstanding the foregoing, FoodCycler® may correct any  typographical or clerical errors, including, without limitation, errors in price, taxes,  specifications, quotations, or acknowledgments. By accepting delivery of the  Products, you agree and are bound by the terms and conditions of this  Agreement. If you do not wish to be bound by this Agreement, you must notify  FoodCycler® immediately and return your purchase in accordance with FoodCycler® Return Policy set forth below. (See the FoodCycler® Return Policy or contact Customer Service at support@foodcycler.com or 1 855 367 6692. 

FoodCycler® reserves the right to modify, update, or discontinue any aspect of this  Policy at any time and without prior notice. 

THIS AGREEMENT SHALL APPLY UNLESS YOU HAVE A SEPARATE AGREEMENT WITH  FOODCYCLER®, IN WHICH CASE THE SEPARATE AGREEMENT SHALL GOVERN.

Pricing

All price quotations are subject to change without notice. Prices quoted are per your country of origin’s currency (CAD or USD) and do not include freight,  handling or delivery charges, air shipment charges, taxes (sales, excise, use, ad valorem, etc.), insurance or any export or import duties, unless otherwise mentioned. Purchaser shall be responsible for collecting and/or paying any and all such taxes, regardless of whether they are stated in the order acknowledgment for the Products. Such charges may, at FoodCycler®'s sole and exclusive discretion,  be prepaid by FoodCycler® and added to Purchaser's order acknowledgment.

Price Adjustment Policy 

If a customer purchases a product from Foodcycler.com within 30 days before a promotional or discounted price is offered for the same product on Foodcycler.com and was not notified in advance via email or any other public manner, the company will honor the same discount for the purchase and refund the customer the difference in price. Customers should contact the Customer service team on support@foodcycler.com and include the order number and/or purchase receipt, as well as the details used for the purchase: full name, address, email and phone number. Refunds will be made automatically to the credit card used for the original purchase. Refunds can only be made to the credit card used for the original purchase. If this is not possible, customers will receive a FoodCycler® Gift Card.

Black Friday Promotion Exception: During our Black Friday promotional period, price adjustments will only be administered for purchases made prior to the promotion and requested within 5 days following the end of the Black Friday promotion period. Requests made after this 5-day window will not be eligible for adjustment, even if the purchase falls within the standard 30-day policy.

Purchases made more than 30 days before the promotion or discount date are not eligible for any price adjustment or compensation.  FoodCycler® is not responsible for price differences from authorized online marketplaces where they have made errors or omissions regarding product pricing or warranty terms.  FoodCycler® has no oversight on or responsibility towards unauthorized retailers who offer our products at any price.

Payment

All orders for Products must be paid in full in advance of shipment or in instalments as detailed at the point of purchase. FoodCycler® shall also have the right to suspend deliveries or discontinue any of the work to be performed by FoodCycler® until amounts past due are paid in full. Purchaser agrees to pay all attorneys' fees, litigation expenses and costs allowable by law that are incurred by FoodCycler® for the collection of all amounts owed by Purchaser to FoodCycler®. FoodCycler® reserves the right to charge a fee for all returned checks. 

FoodCycler® uses deferred-payment apps, such as Sezzle. The Purchaser must be compliant with Sezzle’s Terms of Use while using this app on the FoodCycler® Store. Please review Sezzle’s terms here directly for more information. 

Shipment, Delivery, Inspection

All delivery and shipment dates stated are approximations only, not guarantees, and are subject to product availability. The risk of loss or damage to the Products in transit shall fall upon the carrier. The Purchaser shall have the responsibility of filing claims with the carrier and/or the insurance company to resolve the issue. Purchaser shall examine all Products promptly upon receipt and shall notify  FoodCycler®, in writing, within 7 days of delivery of any nonconformance. If rejection is intended, Purchaser shall specify all grounds for rejection. Failure to  provide FoodCycler® with such notice shall be deemed an unqualified acceptance of the delivered Products by Purchaser. FoodCycler® reserves the right to ship the products in multiple boxes and/or shipments. 

Claims Against Carrier, Concealed Damage 

The carrier is responsible for the Products while they are in transit to you, the  Purchaser. If there is a shortage or damage to your shipment, you must notify the carrier upon the arrival of the shipment to assure approval of your claim. It is the duty and responsibility of the delivering carrier to give you a written report of such shortage or damage following receipt of your notification. Both the  Purchaser's copy and the carrier's copy of the receipt, freight bill, or delivery memo (as the case may be) must be noted with the detail of the shortage or damage and all the copies must be signed and acknowledged by the carrier's driver or representative. If the damage is concealed, notify the carrier within 48  hours by phone and in writing, asking them to send their agent to complete an inspection report. Retain all cartons and merchandise for their inspection report and claim approval. It is critical that you file a written claim with the carrier within  48 hours of receipt of shipment for any shortage or concealed damage. You must include the following along with your written claim to the carrier: Carrier's  Inspection Report, paid freight bill and original or certified copy of the invoice. 

Delay 

If delivery is delayed at the request of Purchaser, or for any other reason beyond  the control of FoodCycler®, the Products shall nevertheless be deemed to have  been delivered to Purchaser as of the date of notice from FoodCycler® to  Purchaser that the Products are available for delivery for purposes of determining  the final price for the Products and the time payment will be due. Products held  by FoodCycler® for Purchaser after the giving of such notice shall be held at the risk and expense of the Purchaser. IN NO EVENT SHALL FOODCYCLER® BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, INCLUDING LOST PROFITS, ARISING OUT OF A DELAY OR FAILURE TO DELIVER. 

Returns

To return Products purchase from this website (www.foodcycler.com), you must contact our Customer Support Team at support@foodcycler.com or 855 367 6692 before returning any Product. FoodCycler® reserves the right to not accept returns after 45 days of the ship date. Used Products are sold "as is" and may not be returned. Return Products should be shipped back to FoodCycler® freight and delivery prepaid. Any refunds made by FoodCycler® shall be refunded in the manner in which the order was paid.

Products purchased through Amazon (amazon.com or amazon.ca) are eligible for warranty support or service if purchased through the official Food Cycler Amazon Stores or the Vitamix Amazon Store. Purchases made through unauthorized third-party resellers on Amazon are not covered under our warranty and may not be eligible for support. For more information please refer to our Refunds Policy: Refund policy

For customers who have purchased a FoodCycler® unit, FoodCycler® by Vitamix unit, or FoodCycler® accessory through Vitamix Corporation, please refer to our Refunds Policy: Refund policy

Warranty

Warranty Term: FoodCycler® warrants that the Products purchased hereunder shall be free from defects in material and workmanship upon the terms of its standard warranty policies for the Products located on our Warranty Policy page and in the product literature provided with your Product. 

Products purchased through Vitamix®

IMPORTANT UPDATE FOR VITAMIX FOODCYCLER WARRANTY: Effective January 1st, 2025, warranty service for Vitamix x FoodCycler products will transition from Vitamix to Food Cycle Science, FoodCycler's parent company. Please contact our customer service at support@foodcycler.com for any questions.

For customers who have already purchased a FoodCycler unit, a FoodCycler by Vitamix unit, or a FoodCycler accessory through Vitamix Corporation till December 31st, 2024, all shipping queries, refunds, returns will be processed by Vitamix. Please visit Vitamix.com for further information or contact our customer service at support@foodcycler.com.

Limitations on Warranty: The warranties set forth above do not cover: (i) defects due to improper installation, maintenance, use or abuse of the Products; (ii) alterations, modifications or repairs to the Products not authorized or made by FoodCycler®; (iii) use of parts not manufactured or supplied by FoodCycler®; and (iv) any operation of the Products in excess of the Product’s rating, specifications or intended use.  

THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. FOODCYCLER® SHALL, UNDER NO CIRCUMSTANCE, BE HELD LIABLE FOR ANY SPECIAL DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES. 

Force Majeure: FoodCycler® shall not be liable for damages for any delay or non performance resulting from (a) delays in receipt of final specifications, information, or instructions from Purchaser, (b) changes in specifications or instructions, or (c) force majeure, including without limitation, acts of God, strikes, riots, labor disturbances, material shortages, non-performance by subcontractors or suppliers, abnormal manufacturing conditions or costs, delays or failures of carriers or communications, fire, flood, storms, ice, snow, accident, war, explosion, accidents, epidemics, governmental orders or regulations or inability to secure any necessary governmental or other permits, court orders, or any other reason beyond the reasonable control of FoodCycler®.

Confidentiality and Intellectual Property  

Purchaser acknowledges that it has no right, title or interest in the trademarks, copyrights or other intellectual property rights of FoodCycler® as regards the Products, and Purchaser covenants that it will take no action to register or otherwise interfere with any such rights. Nothing herein shall be construed to  grant any rights or license to use any intellectual property in any manner or for any purpose except as may be expressly permitted by a separate license agreement executed by both FoodCycler® and Purchaser prior to or contemporaneous with Purchaser’s purchase order. 

Limitations on Actions

No claim or action against FoodCycler® for breach of these Terms and Conditions or the transaction contemplated hereunder may be asserted or brought more than one year after the cause of action or claim accrues. 

Entire Agreement

The Terms contained herein constitute the entire agreement between FoodCycler® and Purchaser as it relates to the sale of any Products and expressly supersede and replace any prior or contemporaneous agreements, whether written or oral, relating to the governing order acknowledgement, including any terms and conditions on any of Purchaser's documents or purchase orders and any prior offers by trade show representatives and demonstrators. This agreement shall be binding upon the parties and their respective successors and assigns. If any provision of this agreement is held to be invalid or unenforceable, that provision shall be severed from the agreement and the remainder of the agreement shall remain in full force and effect. 

Governing Law 

These Terms and Conditions of Sale shall be governed and construed in accordance with the laws of the Province of Ontario, Canada without regard to conflicts-of-laws or choice of law principles.  

Language Clause

These Terms and Conditions of Sale are provided in the English language only, which language shall be controlling in all respects, and all versions of these Terms and Conditions of Sale in any other language shall be for accommodation only and shall not be binding upon the parties. 

Les parties aux présentes ont exigé que cette entente et tous autres documents envisagés par les présentes soient rédigés en anglais.