Feed Sam Response to COVID-19 READ MORE
At this time Feed Sam retail remains open, however we would encourage
all of our valued customers to take advantage of our FREE DELIVERY
Warranty / Refund Policy
In the event product is stolen from your provided and secured bin Feed Sam will warranty delivery of product with value not to exceed $100.00 regular retail. Providing (1) you have selected a location for product to be placed which is not easily visible from the front of your house, (2) you notify Feed Sam of stolen product within 24 hours of your scheduled delivery day. If there is a disagreement about the placement of your bin the local Feed Sam store managers decision will be final.
If your delivery is missing products you must notify Feed Sam within 24 hours, in which case any missing product will be delivered to you within 48 hours of notification of missing items.
Any product purchased from Feed Sam may be returned to Feed Sam, for any reason, for a full refund providing (1) you can show proof of purchase and (2) no more than 50% of the product has be consumed. Excluding all perishable products.
Disclaimer of Warranties
TO THE EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED 'AS IS' AND FEEDSAM DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, STATUTORY, BY USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. FEEDSAM DOES NOT WARRANT, ENDORSE, GUARANTEE, PROVIDE ANY CONDITIONS OR REPRESENTATIONS, OR ASSUME ANY RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY THIRD PARTY THROUGH THE WEBSITE OR IN RESPECT TO ANY WEBSITE THAT CAN BE REACHED FROM A LINK ON THE WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING ON THE WEBSITE, AND FEEDSAM SHALL NOT BE A PARTY TO ANY TRANSACTION THAT YOU MAY ENTER INTO WITH ANY SUCH THIRD PARTY.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL FEEDSAM BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES THAT RESULT FROM (I) YOUR USE OF OR YOUR INABILITY TO USE THE SERVICES, (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, (III) ERRORS, MISTAKES, OR INACCURACIES IN THE MATERIALS ON THE WEBSITE, (IV) PERSONAL INJURY (INCLUDING WITHOUT LIMITATION ANY ALLERGIC REACTIONS TO ANY PRODUCTS RECEIVED THROUGH THE SERVICES) OR PROPERTY DAMAGE OF ANY KIND WHATSOEVER ARISING FROM OR RELATING TO YOUR USE OF THE SERVICE, ANY BUGS, VIRUSES, TROJAN HORSES, OR ANY OTHER FILES OR DATA THAT MAY BE HARMFUL TO COMPUTER OR COMMUNICATION EQUIPMENT OR DATA THAT MAY HAVE BEEN TRANSMITTED TO OR THROUGH THE WEBSITE, OR (V) ANY ERRORS OR OMISSIONS IN ANY MATERIAL ON THE WEBSITE OR ANY OTHER LOSS OR DAMAGE OF ANY KIND ARISING FROM OR RELATING TO YOUR USE OF THE SERVICES. THESE LIMITATIONS SHALL APPLY EVEN IF FEEDSAM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, FEEDSAM's LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) FIFTY U.S. DOLLARS ($50) OR (B) AMOUNTS YOU'VE PAID FEEDSAM IN THE PRIOR 12 MONTHS (IF ANY). THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENSION PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU AGREE THAT IT IS YOUR SOLE RESPONSIBILITY TO ENSURE THAT ANY PRODUCTS YOU OBTAIN THROUGH THE SERVICES ARE SUITABLE FOR YOU AND TO ENSURE THAT YOU DO NOT ORDER ANY PRODUCTS THAT YOU MAY BE ALLERGIC TO.
Indemnification
YOU SHALL INDEMNIFY AND HOLD FEEDSAM AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, AND EMPLOYEES, HARMLESS FROM ALL CLAIMS, THREATS, ACTIONS, PROCEEDINGS, DEMANDS, DAMAGES, LOSSES, OBLIGATIONS, COSTS, AND EXPENSES INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING IN CONNECTION WITH YOUR USE OF THE SERVICES, ANY VIOLATION BY YOU OF THESE TERMS, OR ANY VIOLATION BY YOU OF ANY APPLICABLE LAW OR REGULATION.
General
These Terms of Service, together with our Privacy Policy, constitutes the entire agreement between the parties relating to the Services. These Terms shall not be modified except in writing signed by both parties or by a new posting of these Terms by us. If any part of these Terms is held to be unlawful, void, or unenforceable, that part shall be deemed severed and shall not affect the validity and enforceability of the remaining provisions. The failure of Feedsam to exercise or enforce any right or provision under these Terms shall not constitute a waiver of such right or provision. Any waiver of any right or provision by Feedsam must be in writing and shall only apply to the specific instance identified in such writing. You may not assign these Terms, or any rights or licenses granted hereunder, whether voluntarily, by operation of law, or otherwise without Feedsam's prior written consent. We may assign these Terms to anyone at any time. These Terms shall be governed by the laws of the Province of Ontario without regard to conflict of laws principles. You hereby irrevocably attorn to the exclusive jurisdiction of the courts of Ontario for any disputes related to these Terms.
Last updated: February 5, 2019
