Terms of Sale

The Cumulus Coffee Company Terms of Sale

General Applicability

These Terms of Sale (“Terms”) are applicable to each purchase and/or pre-order of products offered by The Cumulus Coffee Company (“Products”) through the Cumulus Coffee Website, the Cumulus Coffee mobile or desktop app (collectively, “Site”), or through Cumulus Coffee’s sales center or sales boutiques, as may be applicable. These Terms apply only to sales of the Products within the United States of America, international orders are not presently available. By placing an order or pre-order with Cumulus Coffee, you acknowledge that you have read, understand and agree that such order or pre-order is subject to these Terms. In addition, by using the Site, you further agree that you have read, understand, accept and agree to be bound by our Terms of Use and acknowledge our Privacy Notice. All terms and policies associated with your order or pre-order, along with your use of the Cumulus Coffee Site, are available at www.cumuluscoffee.com/privacy-policy.

Cumulus Coffee reserves the right, in its sole discretion and at any time, to modify or otherwise update these Terms by posting revised Terms on the Cumulus Coffee Site. Capitalized words and phrases not defined in these Terms have the meaning set forth in the Terms of Use. These Terms, our Terms of Use, and our Privacy Notice govern your order and your use of the Cumulus Coffee Site, to the exclusion of any conflicting terms presented elsewhere.

Customer Registration

Our customers may purchase Products from Cumulus Coffee either through a registered account, or as a guest user on the Cumulus Coffee Site. You may register for and create a unique account on the Cumulus Coffee Site. Registered users may be eligible for streamlined services and dedicated promotions, such as our Product pre-orders as set forth below.

Unregistered users and customers without an account may purchase Products as a guest, although guest users of the Cumulus Coffee Site may be limited in the Products and services available.

Both registered users and guest users must acknowledge and agree to the Cumulus Coffee Terms of Use and Privacy Notice, including the use of your information to fulfil orders and communicate with you on your order and account.

Orders

By placing an order through the Cumulus Coffee Site, you make an offer to purchase the Products you have selected under these Terms of Sale. All Cumulus Coffee Products are offered within the limits of available stock at the time of your order. Cumulus Coffee reserves the right to place an order on hold or back-order due to the unavailability of stock. We will notify you of any delay in the fulfilment of your confirmed order through the email you provide at the time of purchase.

Your order will not be confirmed until we transmit to the email you provided or through our fulfilment webpage a confirmation number. The order confirmation we transmit shall be full proof of your order.

Cumulus Coffee reserves the right to refuse orders for any reason or no reason at all.

Product Prices, Service and Delivery Charges

Product prices for any item ordered are those that are listed on the Cumulus Coffee Site at the time of your order. Delivery fees and charges are dependent on a number of factors, including, but not limited to, your delivery location and third-party carriers or delivery services. Delivery fees and charges will be billed at the time of your order at the rates indicated based on information you provide through the order fulfillment process. All prices and charges will be included in the Order Confirmation.

Cumulus Coffee reserves the right to modify its prices and delivery charges at any time for any reason prior to confirmation of any order. Additionally, Cumulus Coffee may cancel any order if Cumulus Coffee, in its reasonable discretion, determines that an error was made in the printing, display, or calculation of any prices or delivery charges.

Product Delivery

Your confirmed order will be delivered to the delivery address you specify when placing your order. Delivery tracking may be available in certain locations and depending on the third-party carrier or delivery service used. Cumulus Coffee may use the delivery service of its choice and as indicated at the time of your order. You agree that the telephone number you provide and included in the order confirmation may be used to notify you of delivery. You further agree that the name, address and telephone number you provide may be visible on the outside of the package delivered.

Cumulus Coffee will use commercially reasonable efforts to meet the delivery date and instructions indicated in your order but makes no guarantee as to delivery times and is not responsible for delays attributable to the delivery service.

Returns and Damaged Products

Upon delivery of your order, any damage or defect to the Products you ordered must be reported to Cumulus Coffee no later than five business days from the delivery date. You can report damaged or defective Products to support@cumuluscoffee.com Cumulus Coffee may request additional information. Cumulus Coffee may provide a replacement, request return of the Product for a refund, or take any action it deems reasonable, including no action, at its sole discretion and consistent with Cumulus Coffee’s standard Product warranties.

Unopened Products purchased from Cumulus Coffee may be returned within 30 days of the later of the date of confirmed purchase or confirmed delivery. All Products must be in their original packaging, unaltered, and with the confirmed order or receipt included. Instructions for Product returns and restocking fees are available at www.cumuluscoffee.com/help. Cumulus Coffee will refund your purchase price, less the applicable restocking fee, for all approved and accepted returned Products. Where refund is not possible, Cumulus Coffee, in its discretion, may provide a credit to the purchases.

Cumulus Coffee does not currently offer its Products through third parties and will not accept returns of Products purchased from resellers or third-party wholesalers or retailers.

Limitations on Liability and Product Warranties

Limitation of Liability Under these Terms of Sale. IN NO EVENT SHALL CUMULUS COFFEE OR ITS AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY NATURE (EVEN IF THE POSSIBILITY OF SUCH DAMAGE WAS KNOWN OR COULD HAVE BEEN KNOWN BY CUMULUS COFFEE), CAPABLE OF ARISING IN CONNECTION WITH ITS PRODUCTS, THEIR USE, SALE OR THIS WEBSITE OR APP, AS APPLICABLE. Without limiting the scope of these Terms of Sale, and the related Terms of Use and Privacy Notice, no claim of any kind, whether as to Products delivered or Products not delivered, or any claim otherwise, shall be greater in amount than the purchase price of the Products in respect of which damages are claimed.

Product Warranty Generally. Cumulus Coffee provides limited warranties for various Products purchased from Cumulus Coffee. The specifics for the warranties applicable to each covered Product are available at www.cumuluscoffee.com/pages/warranty. The limited warranty provided for each Product is valid only in the United States of America. Except to the extent allowed by applicable law, the terms of the limited warranty applicable to each Product do not exclude, restrict or modify the mandatory statutory rights applicable to the sale of such Product and are in addition to those rights. If you, the consumer, believe the Product you purchased from Cumulus Coffee is defective, contact Cumulus Coffee at Support@cumuluscoffee.com, for instructions on how to proceed with a repair or exchange. All product warranties for each product purchased by your are incorporated by reference into these Terms of Sale, and by making this purchase, you acknowledge that you have read and understand the limited warranty associated with your product and your purchase.

Additional Terms of Sale

Product Restrictions: You agree that you will not resell any Cumulus Coffee Product. Any customer found to have engaged in the resale of our Products shall be prohibited from future sales and any associated customer accounts shall be terminated. To the extent enforceable by applicable law, you agree to use and enjoy each Cumulus Coffee Product for its customary and ordinary purpose. You further agree that you will not disassemble, reverse engineer, or decompile any Product. Any attempt to alter or disassemble any Product will immediately void all warranties and indemnifications.

Applicable Law: These Terms of Sale are governed by, and construed and enforced in accordance with, the laws of the State of Delaware, without regard to its law governing conflict of laws. Any dispute arising under these Terms of Sale, your order, or your use of the Product shall be resolved in accordance with the Dispute Resolution Provisions set forth in Cumulus Coffee’s Terms of Use.

Force Majeure: Cumulus Coffee shall not be held liable for delays or failure to deliver product or otherwise perform under these terms caused by circumstances beyond its immediate control, including, but not limited to: acts of war or terrorism, work stoppages, fire, civil disobedience, delays associated with hardware malfunction or availability, pandemic, governmental order, supply disruptions, riots, rebellions, storms, electrical failures, acts of God, and similar occurrences (“Force Majeure”). Should a Force Majeure event occur, Cumulus Coffee shall either fulfil its obligations under these terms as soon as the reason for the delay has cured, or at its sole discretion, cancel your order and refund your purchase price.

Refer a Friend Program

Only applies to purchases of a full price Cumulus Machine ($695). Discount code is for one-time use for first time purchasers and is not valid with other promotions or discounts. Customers who purchase the machine below full retail price are not eligible. Referrer will receive a single use discount code 14 days after a successful referral.

National Coffee Day Refer a Friend Giveaway

1. GIVEAWAY ANNOUNCEMENT: We are pleased to announce the 2025 National Coffee Day Cumulus Refer a Friend Giveaway (the "Giveaway").

By entering the Giveaway, whether or not you receive a prize, you accept the terms herein and agree to be bound by the following rules ("Official Rules"), which constitute a binding agreement between you and The Cumulus Coffee Company ("us" or "we"). Any companies sponsoring, hosting, or promoting the Giveaway, along with their respective parent companies, affiliates, subsidiaries, advertising and promotion agencies, and all of their agents, officers, directors, shareholders, employees, and representatives, are collectively referred to as the Giveaway Entities. These Official Rules apply only to the Giveaway and not to any other event sponsored or promoted by us.

2. HOW TO ENTER: On the Refer a Friend Program Page, attendees will be provided information on how to enter the Giveaway. Entry methods may include entry via email and signup. Limit one (1) entry per person. No purchase is necessary to enter the Giveaway.

3. DETERMINATION OF WINNERS; ODDS: One winner will be chosen at random. The odds of winning will depend on the number of entrants.

4. USE OF ENTRANT INFORMATION: The information provided by each entrant may be used to contact the entrant regarding the Giveaway, including prize notification and collection details.In addition, such information may be collected and used by us for purposes further described in our Privacy Policy (found at https://cumuluscoffee.com/policies/privacy-policy), including to send marketing emails and SMS, which are subject to opt-out by the entrant at any time.

5. PRIZES: One (1) site credit for $150 off Cumulus Syrups and Accessories will be given.

6. CONDITIONS OF ENTRY: The Giveaway is limited to legal residents of the United States who are eighteen (18) years or older at the time of entry. An eligible entry must be received as described above. Incomplete entries may be declared void. By entering, you agree to comply with these Official Rules, including all eligibility requirements. We are not responsible for lost, stolen, mutilated, incomplete, incorrect, delayed, late, interrupted, illegible, or misdirected entries.

7. NOTIFICATION OF WINNERS: The winner will be selected at random no later than five (5) business days after the conclusion of National Coffee Day. In the event of a dispute regarding the person associated with any entry, we may determine the authorized account holder of the email address, and such person will be deemed the participant, with our determination final and binding.

8. GENERAL CONDITIONS: As a condition to receiving the prize, the winner shall execute any additional documentation we request, which may include an affidavit confirming compliance with these Official Rules, a general release of all Giveaway Entities, a completed form W-9 for tax purposes, and additional terms and conditions as required. Eligibility and disqualification decisions will be made by us in our sole discretion. Any failure to timely comply with our requests in this regard will result in the revocation of the winning entry. If a selected winner fails to return requested documentation, is ineligible, or otherwise disqualified, a replacement winner may or may not be selected at our discretion. IN NO EVENT WILL ANY GIVEAWAY ENTITIES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AND AGENTS BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF PARTICIPATION IN THE GIVEAWAY, CLAIMING THE PRIZE, OR USING THE PRIZE. THE PRIZE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. The prize may not be exchanged for cash value, and no substitution, transfer, or assignment of the prize is allowed by the winner. The prize is subject to availability and substitution; if unavailable or cannot be awarded for any reason, we may, at our discretion, substitute the prize for one of equal or greater value.

9. TAXES: Each winner shall be solely responsible for any taxes arising from their acceptance of the prize. If required by applicable law, we may issue a Form 1099 to the winner reflecting the value of the prize. If the winner does not wish to accept tax responsibility, they may reject the prize, but no substitute prize will be offered.

10. DISPUTES: As a condition of participating in this Giveaway, entrants agree that any and all disputes which cannot be resolved between the parties, and causes of action arising out of or connected with this Giveaway, shall be resolved individually, without resort to any form of class action, exclusively before a court located in New York with competent jurisdiction, which shall apply the laws of New York without regard for doctrines of conflict of law. Further, in any such dispute, under no circumstances will the entrant be permitted to obtain awards for, and hereby waives all rights to claim, punitive, incidental, or consequential damages, or any other damages, including attorney's fees, and entrants further waive all rights to have damages multiplied or increased.

Any questions or comments regarding the Giveaway can be addressed to support@cumuluscoffee.com.