Terms of service
Last updated: September 8, 2026
OVERVIEW
Welcome to Toasty Polvo®! Toasty Polvo® is operated by Toasty Polvo, LLC. The terms “we,” “us,” and “our” refer to Toasty Polvo, LLC.
We operate this store and website, including all related information, content, features, tools, products, and services (the “Services”). Our online store is powered by Shopify, which enables us to provide the Services to you.
These Terms of Service, together with any policies referenced herein (the “Terms”), describe your rights and responsibilities when you use the Services.
Please read these Terms carefully, as they include important information about your legal rights and cover areas including purchases, preorders, shipping, warranty disclaimers, and limitations of liability.
By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy [LINK]. If you do not agree to these Terms or our Privacy Policy, you should not use or access the Services.
SECTION 1 – ACCESS AND ACCOUNT
By agreeing to these Terms, you represent that you are at least the age of majority in your state, province, or jurisdiction of residence, or that you have provided consent for your minor dependents to use the Services on devices you own, purchase, or manage.
To use certain Services or purchase products, you may be asked to provide information including your email address, billing information, payment information, and shipping information. You represent that the information you provide is accurate, current, and complete and that you have the right to provide it.
You are responsible for maintaining the security of your account credentials and for activity occurring through your account. You may not transfer, sell, assign, or license your account to another person.
SECTION 2 – OUR PRODUCTS
We make every reasonable effort to accurately describe and represent our products. However, product appearance, color, packaging, labeling, and presentation may vary from photographs, renderings, or other representations displayed online.
Toasty Polvo® is a food product made in production batches. Reasonable variations in appearance, shape, texture, color, or other characteristics may occur between individual pieces or production batches and do not necessarily indicate a product defect.
Product descriptions, ingredients, packaging, quantities, availability, and other product details may change from time to time. We reserve the right to modify or discontinue products and to limit quantities available to any person, geographic area, or jurisdiction.
Certain products or purchasing options may be offered only in specified quantities, bundles, or minimum order amounts. Any applicable minimum purchase requirements will be disclosed at or before the time of purchase.
Ingredients and Allergens
Ingredient and allergen information is provided with our products and, where applicable, through our Services. Customers are responsible for reviewing ingredient and allergen information before purchasing or consuming Toasty Polvo® products.
If you have a food allergy, sensitivity, or dietary restriction, please review the applicable product information carefully and contact us at info@toastypolvo.com with questions before purchasing.
SECTION 3 – ORDERS
When you place an order, you are making an offer to purchase. Toasty Polvo, LLC reserves the right to accept, decline, limit, or cancel an order as permitted by law, including because of product availability, suspected fraud, pricing or listing errors, or circumstances affecting our ability to fulfill the order.
Your order is not accepted until we confirm acceptance and successfully process your payment.
Please review your order, quantities, contact information, and shipping address carefully before submitting it. Once an order has been accepted, we may be unable to accommodate changes or cancellation requests.
If we decline, modify, or cancel an order, we will attempt to contact you using the information provided with your order.
Purchases are subject to our Return & Refund Policy [LINK].
Personal Hospitality and Minimum Orders
Certain direct-to-consumer offerings, including Personal Hospitality orders, may be subject to minimum quantities, bundle requirements, or other purchasing conditions displayed on the applicable product page or at checkout.
Minimum quantities and available product configurations may change from time to time.
Commercial and Wholesale Purchases
Wholesale, retail, café, hospitality, corporate, event, collaboration, or other commercial purchases may be governed by separate written agreements, invoices, purchase orders, wholesale platform terms, or other terms agreed upon between Toasty Polvo, LLC and the purchaser.
Where separately agreed terms conflict with these Terms, the separately agreed terms will control with respect to that transaction.
Products purchased through our consumer storefront may not be resold unless expressly authorized by Toasty Polvo, LLC or purchased through an authorized wholesale channel.
SECTION 4 – PREORDERS
Certain Toasty Polvo® products may be offered for preorder.
A preorder reserves product from a future production batch. A preorder does not mean that the product is currently produced, packaged, or ready to ship at the time your order is placed.
Any production, fulfillment, shipping, or delivery timeframe associated with a preorder is an estimate unless we expressly state otherwise. Production schedules may change due to ingredient or packaging availability, production requirements, carrier delays, circumstances outside our reasonable control, or other operational needs.
Because we plan production based on confirmed orders, preorders are final once placed and generally cannot be canceled or refunded, except as otherwise provided in our Return & Refund Policy or required by applicable law.
If we are unable to fulfill all or part of your preorder, we will contact you and provide a refund for the affected portion of your order.
SECTION 5 – PRICES AND BILLING
Prices, product configurations, minimum quantities, and availability are subject to change without notice.
The price charged will be the price in effect when your order is placed, as reflected in your order confirmation. Unless expressly stated otherwise, displayed prices do not include applicable taxes, shipping, handling, customs duties, or import charges.
Prices offered through our website may differ from prices offered through retailers, wholesale platforms, cafés, events, hospitality partners, or other sales channels.
A previous price, wholesale rate, or price offered through another sales channel does not entitle a customer to that price on a future transaction.
You agree to provide current, complete, and accurate purchase, payment, and account information.
You represent that you are authorized to use the payment method submitted with your purchase and agree to pay all authorized charges associated with your order, including applicable shipping charges and taxes.
SECTION 6 – SHIPPING AND DELIVERY
Shipping, fulfillment, and delivery dates are estimates unless expressly stated otherwise and are not guaranteed.
We are not responsible for delays caused by shipping carriers, weather, customs processing, incorrect or incomplete customer-provided information, or events outside our reasonable control.
Customers are responsible for providing a complete and accurate delivery address. We are not responsible for orders delivered to an incorrect address provided by the customer.
If an order arrives damaged, has a packaging issue, contains an incorrect item, or has another shipping or fulfillment problem, the issue must be reported in writing by email to info@toastypolvo.com within seven (7) days of delivery in accordance with our Return & Refund Policy.
Phone calls, text messages, social media messages, or other communications do not constitute written notice of a refund, replacement, shipping, packaging, or fulfillment claim.
Additional terms regarding damaged, lost, stolen, or incorrectly fulfilled orders are contained in our Return & Refund Policy [LINK].
SECTION 7 – INTELLECTUAL PROPERTY
Our Services, including but not limited to our trademarks, trade names, branding, text, photography, graphics, illustrations, packaging designs, product designs, video, audio, and the selection and arrangement of such materials, are owned by or licensed to Toasty Polvo, LLC and are protected by applicable intellectual property laws.
Toasty Polvo® is a registered trademark of Toasty Polvo, LLC.
These Terms permit you to use the Services for personal, non-commercial purposes only. Unless we expressly authorize otherwise in writing, you may not reproduce, distribute, modify, create derivative works from, publicly display, republish, download, store, sell, or transmit material from the Services.
Nothing in these Terms grants you any license or ownership interest in Toasty Polvo® intellectual property, Shopify intellectual property, or the intellectual property of any third party.
The Toasty Polvo® name, logo, product names, packaging, designs, slogans, photography, and other brand assets may not be used for commercial, promotional, merchandising, or other business purposes without our prior written permission.
Shopify’s name, logo, product and service names, designs, and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans appearing through the Services are the property of their respective owners.
All rights not expressly granted are reserved.
SECTION 8 – OPTIONAL TOOLS
You may be provided with access to customer tools offered by third parties as part of the Services, which we may not monitor or control.
You acknowledge that such tools may be provided “as is” and “as available” without warranties, representations, or conditions of any kind from us. Your use of third-party tools is at your own discretion and may also be governed by the terms and policies of the applicable provider.
We may introduce new tools, resources, or features through the Services in the future. Such features will be considered part of the Services and subject to these Terms.
SECTION 9 – THIRD-PARTY LINKS
The Services may contain materials, links, or functionality provided by third-party websites or services.
We are not responsible for examining or evaluating the content, accuracy, security, products, services, or practices of third-party websites.
If you access a third-party website or purchase a product or service from a third party, your interaction with that third party is subject to its own terms and policies. Questions or disputes concerning third-party products and services should be directed to the applicable third party.
SECTION 10 – RELATIONSHIP WITH SHOPIFY
Toasty Polvo® is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with Toasty Polvo®. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Toasty Polvo®, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Toasty Polvo®.
SECTION 11 – PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy [LINK].
Because the Services are hosted by Shopify, Shopify collects and processes certain personal information about your access to and use of the Services in order to provide and improve the Services.
We also use third-party service providers, including Beehiiv for email subscriptions and marketing communications, as described in our Privacy Policy.
Please review our Privacy Policy for additional information about how Toasty Polvo, Shopify, and applicable service providers process personal information.
SECTION 12 – FEEDBACK
If you submit, upload, post, email, or otherwise provide ideas, suggestions, reviews, feedback, proposals, photographs, comments, or other content (“Feedback”), you grant us a worldwide, non-exclusive, royalty-free, sublicensable license to use, reproduce, modify, publish, distribute, and display that Feedback as permitted by applicable law.
You represent that you own or have the necessary rights to provide the Feedback and that your Feedback does not violate the rights of any third party or applicable law.
We are not obligated to maintain Feedback in confidence, compensate you for Feedback, or respond to Feedback.
We may monitor, edit, or remove Feedback where we determine that it violates these Terms, applicable law, the rights of another party, or our policies.
You are responsible for the Feedback you submit and its accuracy.
SECTION 13 – ERRORS, INACCURACIES AND OMISSIONS
Information on the Services may occasionally contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, availability, shipping charges, transit times, or other information.
We reserve the right to correct errors, inaccuracies, or omissions and to update information as permitted by law.
If an error materially affects an order you have already submitted, we may contact you regarding the error and, where appropriate, modify or cancel the affected order and issue any refund required by law.
SECTION 14 – PROHIBITED USES
You may access and use the Services for lawful purposes only.
You may not access or use the Services, directly or indirectly, to:
- Violate applicable international, federal, state, provincial, or local laws or regulations;
- Infringe upon or violate our intellectual property rights or the intellectual property rights of others;
- Harass, abuse, threaten, defame, impersonate, or harm another person or entity;
- Transmit false, fraudulent, deceptive, or misleading information;
- Send spam, junk mail, unauthorized solicitations, or similar communications;
- Upload or transmit viruses, malware, or other malicious code;
- Collect or track the personal information of others without authorization;
- Reproduce, duplicate, copy, scrape, extract, sell, resell, or commercially exploit any portion of the Services without authorization;
- Circumvent or interfere with security, access controls, or other technical measures used to protect the Services; or
- Otherwise use the Services in a manner that may harm Toasty Polvo, Shopify, our customers, or others.
We reserve the right to suspend, disable, or terminate access to the Services if we determine that these Terms have been violated.
SECTION 15 – AGENTS
This section applies if you use, enable, or cause an autonomous or semi-autonomous software agent (“Agent”) to access, use, or interact with the Services.
No Agent may access or interact with the Services in a manner that conceals its automated nature, circumvents access restrictions or CAPTCHAs, violates technical restrictions we impose, or otherwise violates these Terms.
We may use technical measures to limit or control whether and how Agents access or interact with the Services.
Where required by the Services, Agents must accurately identify themselves and comply with applicable technical requirements for automated access.
SECTION 16 – TERMINATION
We may terminate or suspend your access to the Services, or any portion of them, in our discretion as permitted by applicable law.
You will remain responsible for amounts properly due through the date of termination.
Provisions that by their nature should survive termination, including those concerning intellectual property, feedback, disclaimers, limitations of liability, indemnification, governing law, and privacy, will continue to apply.
SECTION 17 – DISCLAIMER OF WARRANTIES
The information presented through the Services is provided for general informational purposes.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT AS EXPRESSLY STATED OTHERWISE, THE SERVICES AND PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, DURABILITY, AND NON-INFRINGEMENT.
We do not warrant that access to the Services will always be uninterrupted, timely, secure, or error-free.
Some jurisdictions do not permit certain warranty exclusions, so some of the foregoing limitations may not apply to you.
SECTION 18 – LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, TOASTY POLVO, LLC AND ITS AFFILIATES, PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, AND LICENSORS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, OR REPLACEMENT COSTS, ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICES OR PRODUCTS PURCHASED THROUGH THE SERVICES.
Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited.
SECTION 19 – INDEMNIFICATION
You agree, to the extent permitted by applicable law, to indemnify, defend, and hold harmless Toasty Polvo, LLC, Shopify, and our respective affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from third-party claims, losses, damages, liabilities, and reasonable attorneys’ fees arising from your breach of these Terms, violation of applicable law or third-party rights, or misuse of the Services.
SECTION 20 – SEVERABILITY
If any provision of these Terms is determined to be unlawful, void, or unenforceable, that provision will be enforced to the fullest extent permitted by applicable law and the unenforceable portion will be severed without affecting the validity and enforceability of the remaining provisions.
SECTION 21 – WAIVER; ENTIRE AGREEMENT
Our failure to exercise or enforce a right or provision of these Terms does not constitute a waiver of that right or provision.
These Terms, together with policies and other terms incorporated by reference, constitute the agreement between you and us concerning your use of the Services and supersede prior or contemporaneous communications regarding the Services.
SECTION 22 – ASSIGNMENT
You may not transfer or assign these Terms or your rights or obligations under them without our prior written consent.
We may transfer or assign our rights and obligations under these Terms as permitted by applicable law.
SECTION 23 – GOVERNING LAW
These Terms and any separate agreements through which we provide Services will be governed by applicable federal law and the laws of the State of New Jersey, without regard to conflict-of-law principles.
To the extent permitted by applicable law, disputes arising from these Terms or the Services will be brought in the appropriate state or federal courts located in New Jersey, and you consent to the jurisdiction of those courts.
SECTION 24 – HEADINGS
Headings are included for convenience only and do not limit or otherwise affect these Terms.
SECTION 25 – CHANGES TO THESE TERMS
You can review the current version of these Terms at any time on this page.
We reserve the right to update or replace portions of these Terms by posting an updated version on our website.
Where required by applicable law, we will provide additional notice of material changes.
Your continued use of the Services following the effective date of updated Terms constitutes acceptance of those Terms to the extent permitted by law.
SECTION 26 – CONTACT INFORMATION
Questions about these Terms should be sent to us at info@toastypolvo.com.
Toasty Polvo, LLC
PO Box 2210
Union, NJ 07083
United States
Email: info@toastypolvo.com
Phone: (908) 869-8956
Email is the best way to reach us.