01Eligibility & Website Use

You may use our website only for lawful purposes and in accordance with these Terms.

You agree not to:

• Use our website for any unlawful or fraudulent purpose;
• Attempt to interfere with the security, functionality, or operation of our website;
• Introduce viruses, malicious code, or other harmful material;
• Attempt to gain unauthorized access to our systems or customer information;
• Scrape, copy, reproduce, or commercially exploit website content without our written permission;
• Use our website or content in a manner that infringes the rights of PoshNosh or any third party.

We reserve the right to restrict or terminate access to our website when we reasonably believe these Terms have been violated.

02Products

PoshNosh offers silicone snack and food-related products and accessories.

We make reasonable efforts to accurately display and describe our products, including their colors, dimensions, features, and materials. However, actual product colors may vary slightly due to screen settings, lighting, manufacturing variations, photography, and other factors.

Minor variations in color, texture, finish, dimensions, or appearance that do not affect the intended use of the product are not considered defects.

We may modify, discontinue, update, or limit the availability of any product at any time without notice.

03Product Use & Safety

PoshNosh products must be used only for their intended purpose.

Adult supervision is required when products are used by children.

Before each use, inspect the product for signs of damage, excessive wear, tearing, cracking, or deterioration. Discontinue use immediately if the product becomes damaged or compromised.

Customers are responsible for following all product instructions, care instructions, warnings, age recommendations, and other information provided with or on the product or packaging.

Do not use a PoshNosh product in a manner inconsistent with its intended purpose or provided instructions.

04Food Use

Our silicone snack and food products are intended for food-related use as described on the applicable product page and packaging.

Customers are responsible for ensuring that foods placed in a product are appropriate for the child using it, including consideration of age, allergies, choking risks, dietary restrictions, food temperature, and other individual circumstances.

PoshNosh does not provide medical, nutritional, allergy, or feeding advice.

05Orders

All orders are subject to acceptance and product availability.

After you place an order, you may receive an electronic confirmation. An order confirmation does not necessarily constitute final acceptance of your order.

We reserve the right to cancel, refuse, or limit an order when reasonably necessary, including in cases involving:

• Suspected fraud or unauthorized transactions;
• Pricing or product listing errors;
• Inventory discrepancies;
• Unusually large quantities;
• Suspected resale or unauthorized commercial activity; or
• Other circumstances that prevent us from reasonably fulfilling the order.

If we cancel an order after payment has been collected, the applicable amount will be refunded.

06Pricing & Payment

Prices are displayed in U.S. dollars unless otherwise indicated.

Prices, promotions, discounts, and product availability may change without notice.

We make reasonable efforts to ensure pricing information is accurate. If a product is listed at an incorrect price because of a typographical, technical, or other error, we reserve the right to cancel the affected order and issue a refund.

Applicable taxes and shipping charges will be displayed during checkout when required.

Payment must be successfully authorized before an order can be processed.

07Promotions & Discount Codes

Promotional offers and discount codes may be subject to separate terms, expiration dates, exclusions, minimum purchase requirements, or other restrictions.

Unless expressly stated otherwise:

• Discount codes cannot be combined;
• Discounts have no cash value;
• Discounts cannot be applied retroactively to previous purchases; and
• Promotions may be modified or discontinued at any time.

We reserve the right to cancel or refuse promotional discounts obtained through misuse, fraud, technical errors, or unauthorized distribution.

08Shipping

Shipping estimates are estimates only and are not guaranteed delivery dates.

Once an order has been transferred to a shipping carrier, circumstances outside our control may affect delivery, including carrier delays, weather, holidays, incorrect addresses, or other transportation disruptions.

Customers are responsible for providing an accurate and complete shipping address at checkout.

If a package is returned to us because an incorrect or incomplete address was provided, additional shipping charges may apply before the package can be resent.

09Lost, Stolen & Delayed Packages

If tracking indicates that a package has been delivered but you cannot locate it, please first check the delivery area, household members, neighbors where appropriate, and the applicable shipping carrier.

PoshNosh will reasonably assist customers with shipping issues when possible. However, carrier scans and delivery investigations may be required before a replacement or other resolution can be considered.

We are not responsible for delays caused solely by shipping carriers or circumstances outside our reasonable control.

10Returns, Exchanges & Refunds

All PoshNosh sales are final. We do not accept returns or exchanges except for qualifying defective items.

Please review your order carefully before completing your purchase.

We do not accept returns or exchanges for reasons including, but not limited to:

• Change of mind;
• Preference regarding color;
• Ordering the wrong item;
• Minor variations in color, texture, dimensions, or finish;
• Normal wear and tear;
• Damage caused by misuse, improper care, accidents, or failure to follow product instructions.

Nothing in this policy limits any rights or remedies that cannot legally be waived under applicable law.

11Defective or Incorrect Items

If you believe you received a defective product or an item different from what you ordered, please contact PoshNosh promptly after delivery.

We may request:

• Your order number;
• A description of the issue;
• Photographs or video showing the issue;
• Photographs of the packaging; and
• Any other information reasonably necessary to evaluate the claim.

If we determine that an item qualifies as defective or was sent incorrectly, PoshNosh may, as appropriate and subject to applicable law, provide a replacement, refund, store credit, or another reasonable resolution.

Damage resulting from misuse, accidents, normal wear and tear, improper storage, improper cleaning, unauthorized modification, or failure to follow product instructions is not considered a manufacturing defect.

12Third-Party Marketplace Purchases

PoshNosh products may also be sold through authorized third-party marketplaces or retailers.

Purchases made through a third-party marketplace may also be governed by that marketplace’s terms, payment procedures, shipping policies, and return or dispute procedures.

Where required, requests relating to a marketplace transaction may need to be submitted directly through the marketplace where the purchase was made.

These Terms do not override any rights provided to consumers by applicable law or any non-waivable obligations imposed on a seller through an authorized marketplace.

13Product Availability

Products may be available in limited quantities.

Adding an item to a shopping cart does not reserve inventory. Products are not guaranteed until an order has been successfully completed and accepted.

We reserve the right to limit quantities purchased by any person, household, account, address, or order.

14Preorders

If PoshNosh offers products for preorder, estimated shipping or availability dates are estimates and may change.

By purchasing a preorder product, you acknowledge that delivery may occur later than originally estimated.

If specific preorder terms are displayed on a product page, those terms will also apply to that preorder.

15Gift Cards

If gift cards are offered, gift cards are subject to any additional terms displayed at purchase and applicable law.

Gift cards cannot be redeemed for cash except where required by law.

16Intellectual Property

The PoshNosh name, logos, product designs, product imagery, packaging designs, website design, text, graphics, photographs, videos, illustrations, trademarks, trade dress, and other brand materials are owned by or licensed to PoshNosh and are protected by applicable intellectual property laws.

Certain PoshNosh product designs may also be the subject of pending or issued intellectual property rights.

You may not reproduce, copy, modify, distribute, manufacture, create derivative works from, sell, commercially exploit, or otherwise use PoshNosh intellectual property without prior written authorization.

Purchasing a PoshNosh product does not transfer any intellectual property rights to the purchaser.

17Product Resale

Unless otherwise authorized by PoshNosh in writing, products purchased through our consumer website are intended for personal use and not unauthorized commercial resale.

Businesses interested in wholesale or authorized resale opportunities should contact PoshNosh directly.

We reserve the right to limit or cancel orders that reasonably appear to be placed for unauthorized resale.

18Customer Reviews & User Content

If you submit a review, photograph, testimonial, comment, or other content to PoshNosh through our website or a review feature, you represent that you have the right to submit that content and that it does not violate the rights of another person.

Subject to applicable law and the terms presented at the point of submission, you grant PoshNosh permission to use content you voluntarily submit in connection with operating, promoting, and improving our business.

We reserve the right to moderate or remove content where permitted by law and platform rules, including content that is unlawful, fraudulent, abusive, irrelevant, or infringes third-party rights.

19Social Media Content

Tagging PoshNosh or using a PoshNosh-related hashtag does not, by itself, transfer ownership of your content to PoshNosh.

If we wish to use customer-created content for advertising or promotional purposes beyond the permissions provided by the applicable social platform, we may request permission where appropriate.

20Third-Party Services & Links

Our website may contain links to or integrations with third-party websites, payment processors, social platforms, shipping providers, or other services.

We do not control third-party websites and are not responsible for their content, availability, privacy practices, or independent terms.

Your use of third-party services may be governed by separate terms and privacy policies.

21Website Information

We attempt to keep information on our website accurate and current. However, occasional errors, omissions, or inaccuracies may occur.

We reserve the right to correct errors, update information, or cancel affected orders where reasonably necessary.

22Disclaimer of Warranties

To the fullest extent permitted by applicable law, our website and products are provided subject to the warranties expressly provided by PoshNosh, if any, and any warranties that cannot legally be excluded.

Except as required by law, we disclaim implied warranties to the fullest extent permitted by applicable law.

Nothing in these Terms excludes or limits warranties, guarantees, rights, or remedies that cannot lawfully be excluded.

23Limitation of Liability

To the fullest extent permitted by applicable law, PoshNosh will not be liable for indirect, incidental, special, exemplary, punitive, or consequential damages arising from the use of our website or products.

Nothing in these Terms is intended to exclude or limit liability that cannot legally be excluded or limited, including liability where such exclusion or limitation would be prohibited by applicable law.

24Indemnification

To the extent permitted by applicable law, you agree to indemnify and hold harmless PoshNosh and its owners, officers, employees, contractors, and agents from claims, losses, liabilities, and reasonable expenses arising from your unlawful misuse of our website, violation of these Terms, or infringement of another party’s rights.

25Privacy

Your use of our website is also subject to our Privacy Policy.

Our Privacy Policy explains how personal information is collected, used, disclosed, and protected.

26Electronic Communications

When you provide your email address in connection with an order, we may send transactional communications relating to your purchase, including order confirmations, shipping updates, customer service communications, and other necessary account or transaction information.

Marketing email and text communications are subject to applicable consent requirements and unsubscribe or opt-out rights.

27Fraud & Abuse

We reserve the right to cancel transactions, restrict accounts, decline future orders, or take other reasonable measures when we reasonably suspect fraud, payment abuse, unauthorized chargebacks, promotional abuse, or other unlawful activity.

Nothing in this section prevents a customer from exercising legitimate rights to dispute an unauthorized or improper charge.

28Force Majeure

To the extent permitted by law, PoshNosh will not be responsible for delays or failures caused by circumstances beyond our reasonable control, including natural disasters, severe weather, transportation interruptions, labor disruptions, government actions, supply-chain disruptions, carrier failures, utility or internet outages, or similar events.

29Governing Law

These Terms are governed by the laws of the State of Arizona, without regard to conflict-of-law principles, except where applicable consumer protection law requires otherwise.

30Severability

If any provision of these Terms is determined to be invalid, unlawful, or unenforceable, the remaining provisions will remain in effect to the fullest extent permitted by law.

31No Waiver

Our failure to enforce a provision of these Terms does not constitute a waiver of that provision or any other provision.

32Changes to These Terms

We may update these Terms from time to time to reflect changes to our business, products, website, practices, or applicable legal requirements.

The updated version will be posted on our website with a revised “Last Updated” date.

Your continued use of the website after updated Terms become effective constitutes acceptance of the updated Terms to the extent permitted by applicable law.

33Contact Us

Questions regarding these Terms or a PoshNosh order may be submitted through the contact information provided on our website.

PoshNosh
Gilbert, Arizona, USA