Terms of Service

Last updated: June 14, 2026

These Terms of Service govern your access to and use of txmallows.com, purchases from The Texas Marshmallow Company, local-delivery orders, pickup orders, custom-order requests, wholesale inquiries, and other transactions or communications with us.

In these Terms, “The Texas Marshmallow Company,” “we,” “us,” and “our” refer to The Texas Marshmallow Company. “Customer,” “you,” and “your” refer to anyone who visits our website, submits information, or purchases our products.

By accessing our website, submitting an order, or agreeing to these Terms during checkout, you agree to these Terms and our Privacy Policy.

1. Texas Cottage-Food Operation

The Texas Marshmallow Company currently operates as a Texas cottage-food production operation.

Our products are produced in a private residence rather than a commercially licensed or routinely inspected food-manufacturing facility.

The following notice applies to products produced through our cottage-food operation:

THIS PRODUCT WAS PRODUCED IN A PRIVATE RESIDENCE THAT IS NOT SUBJECT TO GOVERNMENTAL LICENSING OR INSPECTION.

Our production residence is not a retail storefront and is not open for customer shopping, order collection, tours, or unscheduled visits.

2. Cottage-Food Registration

The Texas Marshmallow Company is registered with the Texas Department of State Health Services and may use its assigned cottage-food registration number or unique identifier instead of displaying its private residential address on product labels.

Our registration or unique identifier does not mean that our home kitchen is inspected or licensed as a commercial food facility.

3. Eligibility to Order

You must be at least 18 years old or the age of legal majority in your jurisdiction to place an order.

A minor may use the website or receive products only with the involvement and permission of a parent or legal guardian.

You agree to provide accurate, current, and complete information when placing an order, submitting an inquiry, or creating an account.

4. Products

Our marshmallows are handcrafted in small batches. Natural and handmade variations may occur in:

Size
Shape
Color
Texture
Flavor intensity
Sprinkle or topping coverage
Cutting and finishing
Packaging appearance

Minor handmade variations are not considered defects.

We make reasonable efforts to accurately display product photographs and descriptions. Actual products may look somewhat different because of lighting, screen settings, ingredient availability, seasonal changes, or handmade production.

5. Product and Label Information

Before purchasing, customers are responsible for reviewing the information shown on the applicable product page.

Product pages and product labels may include:

Product name
Package quantity
Net weight
Ingredient information
Major food allergens
Storage information
Cottage-food disclosure
The name of our cottage-food operation
Our address or assigned registration number or unique identifier

The physical product label controls if there is an unintended difference between general website marketing language and the specific information printed on the package.

Contact us before purchasing if you have questions about a product’s ingredients, allergens, dietary suitability, or storage requirements.

6. Ingredients and Food Allergies

Our products may contain or come into contact with common food allergens, including:

Milk
Eggs
Wheat
Soy
Peanuts
Tree nuts
Sesame

This list does not mean that every product contains every listed allergen.

Some flavors may include cookies, chocolate, peanut butter, dairy ingredients, flavor extracts, toppings, sprinkles, or other ingredients containing allergens.

Our products are produced in a home kitchen where allergens may be present. Unless we expressly state otherwise in writing, we do not represent that any product is free from allergens or possible cross-contact.

Customers with a serious or life-threatening food allergy should not purchase or consume a product unless they have reviewed the complete product information and determined that it is appropriate for them.

Our products contain gelatin unless expressly stated otherwise and are not vegetarian or vegan.

Nothing on our website constitutes medical, nutritional, or allergy-related advice.

7. Online Orders

Cottage-food products may be ordered through our website when the order can be fulfilled using an available personal-delivery or pickup option.

Submitting an order constitutes an offer to purchase the selected products.

An automated confirmation means that we received the order. It does not necessarily mean that the order has been finally accepted or that every item is available.

We may accept, reject, limit, or cancel an order because of:

Product unavailability
Inventory errors
Incorrect pricing
Incomplete customer information
An unavailable delivery or pickup location
Suspected fraud or unauthorized payment
A violation of these Terms
Production limitations
Food-safety concerns
Circumstances outside our reasonable control

If we cancel a paid order, we will issue an appropriate refund to the original payment method.

8. Delivery and Pickup Only

We do not currently fulfill cottage-food orders through traditional parcel or common-carrier shipping.

We do not currently ship products using:

USPS
UPS
FedEx
DHL
Commercial courier or parcel services
Other common carriers

Online orders must be:

Personally delivered by The Texas Marshmallow Company;
Delivered by an authorized employee;
Delivered by an authorized member of our household; or
Collected by the customer through an approved pickup arrangement.

We currently fulfill orders only within the Texas delivery and pickup areas offered during checkout or directly confirmed by us.

We do not currently offer nationwide, out-of-state, or international carrier shipping.

9. Local Delivery

Local delivery may be available within Brazoria County and other nearby Texas communities designated by us.

Delivery availability may depend on:

The customer’s address
Delivery routes
Order value
Product availability
Farmers-market schedules
Staffing
Weather
Other operational considerations

Entering an address during checkout does not guarantee that delivery is available.

We may contact you by telephone, text message, or email to confirm delivery details.

Customers must provide:

A complete delivery address
A working telephone number
Apartment, unit, gate, or building information
Accurate access instructions
A safe delivery location

Additional charges may apply for delivery.

10. Unattended Delivery

A customer may authorize us to leave an order at a door, porch, reception desk, or another agreed location.

Once the order is delivered to the authorized location, responsibility for promptly retrieving and protecting it transfers to the customer.

We are not responsible for theft, animals, insects, rain, direct sunlight, heat, humidity, or other damage occurring after an unattended order has been delivered to the approved location.

Customers should retrieve delivered marshmallows promptly.

11. Farmers-Market and Event Pickup

Pickup may be available at farmers markets, pop-up markets, special events, or other approved public locations.

The applicable location, date, and hours will be displayed during checkout or provided in the order confirmation.

Please do not travel to a pickup location until your order and pickup arrangement have been confirmed.

Customers may be asked to provide:

The name associated with the order
The order number
The confirmation email
Reasonable identification

Farmers markets and events may be postponed, relocated, shortened, or canceled because of weather, organizer decisions, venue conditions, emergencies, or circumstances outside our control.

When an event is canceled, we will make reasonable efforts to arrange another pickup or delivery option.

12. Missed Pickup or Delivery

We may offer one alternate delivery or pickup opportunity when reasonably available.

An additional delivery charge may apply when a delivery cannot be completed because of:

An incorrect address
Missing access instructions
A locked gate
An inaccessible property
An unavailable recipient
Loose or unsafe animals
Failure to respond to delivery communications

Orders remaining unclaimed for more than seven days after the original pickup or delivery date may be considered abandoned.

Because products may have been made specifically for the customer, an abandoned or missed order may not qualify for a refund.

13. Processing Times

Our marshmallows are handcrafted and packaged in small batches.

Most standard orders are prepared within approximately 2–5 business days after payment is received.

Processing may take longer during:

Holidays
Product launches
Farmers-market weekends
Large-order periods
Severe weather
Special events
Custom orders
Ingredient or packaging shortages

Processing times are estimates rather than guaranteed completion dates unless we provide a specific written commitment.

14. Warm-Weather Care

Marshmallows may soften, become sticky, or change shape when exposed to heat or humidity.

After receiving an order:

Keep the package away from direct sunlight.
Do not leave it inside a parked vehicle.
Retrieve unattended deliveries promptly.
Keep the package sealed.
Store it in a cool, dry location.
Follow the storage information printed on the package.

Normal softening or minor appearance changes caused by warm weather do not necessarily mean the product is unsafe or defective.

We are not responsible for heat exposure or improper storage occurring after an order has been delivered or collected.

15. Prices, Taxes, and Payments

All prices are displayed in United States dollars unless otherwise stated.

Prices, flavors, package sizes, product availability, delivery charges, discounts, and promotions may change without notice.

Applicable taxes, delivery charges, and other fees will be displayed before the order is submitted when required.

Payment must be successfully authorized before we are required to prepare, reserve, deliver, or release an order.

Payments may be processed by an independent payment processor. The payment processor’s separate terms and privacy practices may apply.

16. Discount Codes and Promotions

Discounts and promotional offers:

May have expiration dates
May be limited to certain products
May require a minimum order
May be limited to one use
May not be combined
May exclude custom or wholesale orders
Have no cash value

We may refuse or cancel a promotional discount that was duplicated, altered, used fraudulently, or made available because of an obvious technical error.

17. Order Cancellations

Customers may request cancellation before preparation or production begins.

Cancellation is not guaranteed after ingredients, packaging, labor, customization, or delivery arrangements have been committed to the order.

Approved refunds will generally be returned to the original payment method. Processing times are controlled by the customer’s bank or payment provider.

18. Returns, Refunds, and Order Problems

Because our products are consumable food items, we do not accept physical returns or resell food after it has left our control.

Except where otherwise required by law, food-product sales are final.

Incorrect
Missing an item
Materially damaged before receipt
Defective when received
Substantially different from the product ordered

Please provide:

Your name
Order number
A description of the issue
Clear photographs of the products and packaging

After reviewing the circumstances, we may provide an appropriate:

Replacement
Store credit
Partial refund
Full refund

Refunds or replacements are generally not available solely because of:

Personal taste preference
Normal handmade variation
Failure to follow storage instructions
Heat exposure after delivery
Failure to retrieve an unattended delivery
A missed pickup
An incorrect address supplied by the customer
Damage occurring after receipt

Nothing in this section limits consumer rights that cannot legally be limited.

19. Custom, Event, and Large Orders

Custom orders, corporate gifts, weddings, parties, events, and large-quantity orders may be subject to separate written terms.

These orders may require:

Advance notice
A deposit
Full advance payment
Minimum quantities
Flavor approval
Packaging approval
A scheduled delivery or pickup
Separate cancellation deadlines

An event or production date is not reserved until we confirm the order and receive any required payment.

If an approved quote, invoice, or custom-order agreement conflicts with these general Terms, the specific written terms for that order will control.

20. Wholesale Inquiries

Submitting a wholesale inquiry does not create a wholesale relationship or guarantee approval, pricing, product availability, exclusivity, or acceptance.

Eligible non-time-and-temperature-controlled cottage foods may be sold wholesale only when permitted by Texas law and under separately approved arrangements.

Wholesale buyers may be required to:

Be located in Texas
Complete the applicable Texas registration
Enter into a written agreement
Satisfy minimum-order requirements
Follow applicable labeling, display, storage, and resale requirements
Sell products only through legally permitted channels

Wholesale pricing, payment, delivery, cancellation, and resale terms will be provided separately.

Products may not be resold, relabeled, repackaged, or represented as being produced by another business without our written permission.

21. Customer Accounts

You are responsible for maintaining the confidentiality of your account information and password.

You are responsible for activity performed through your account unless you promptly notify us of suspected unauthorized access.

We may suspend or close an account associated with fraud, abuse, unauthorized activity, repeated improper payment disputes, or violations of these Terms.

22. Website Use

You may use the website only for lawful personal or business purchasing purposes.

You may not:

Interfere with the operation or security of the website
Attempt unauthorized access
Submit false payment or identity information
Introduce malicious software
Scrape or harvest website information without permission
Impersonate another person or business
Abuse promotions
Infringe intellectual-property rights
Place fraudulent orders
Use the website for unlawful activity

23. Intellectual Property

The Texas Marshmallow Company’s original website content—including its branding, logos, product names, photographs, graphics, written descriptions, and designs—is owned by or licensed to us.

You may not reproduce, republish, sell, license, or commercially use our content without written permission.

You may not use our branding in a way that falsely suggests sponsorship, affiliation, endorsement, or authorization.

24. Reviews and Customer Content

Customers may submit honest reviews and feedback.

When you voluntarily submit photographs, testimonials, comments, or other content directly to us for publication, you represent that you own or have permission to submit the content.

You grant us a nonexclusive, royalty-free license to display, resize, format, reproduce, and share submitted content in connection with our website, social-media pages, products, and marketing.

We may remove content from our platforms when it is fraudulent, inappropiate content or language, unlawful, abusive, unrelated, infringes another person’s rights, or discloses private information.

Nothing in these Terms prohibits or penalizes an honest consumer review.

25. Third-Party Services

Our website may use services provided by payment processors, website hosts, plugins, analytics services, email providers, social-media platforms, and other third parties.

Independent third-party services are governed by their own terms and privacy policies.

We are not responsible for the operation, security, availability, or content of an independent third-party platform.

26. Website Availability

We do not guarantee that the website will always be uninterrupted, error-free, or available.

We may modify, suspend, maintain, or discontinue portions of the website when reasonably necessary.

We may correct pricing, inventory, product, or website errors.

27. Disclaimer of Warranties

To the fullest extent permitted by law, the website and its general informational content are provided on an “as available” basis.

We do not guarantee uninterrupted website availability or that every technical error will be corrected immediately.

Product purchases remain subject to the applicable product description, product label, these Terms, and consumer rights that cannot legally be excluded.

28. Limitation of Liability

To the fullest extent permitted by law, The Texas Marshmallow Company will not be liable for indirect, incidental, special, exemplary, punitive, or consequential damages arising from use of the website or a transaction.

For claims that may legally be limited, our aggregate direct liability will not exceed the amount paid for the product or order giving rise to the claim.

These limitations do not apply to liability that cannot legally be excluded or limited, including applicable liability involving fraud, willful misconduct, gross negligence, personal injury, or non-waivable consumer-protection rights.

Some jurisdictions do not allow certain exclusions or limitations. In those jurisdictions, the provisions apply only to the extent permitted by law.

29. Indemnification

To the extent permitted by law, you agree to indemnify and hold The Texas Marshmallow Company harmless from third-party claims and reasonable expenses resulting from:

Your unlawful misuse of the website
Your violation of these Terms
Fraudulent activity conducted through your account
Your infringement of another person’s rights
Unauthorized content submitted by you

This provision does not require a customer to indemnify us for our own unlawful conduct, gross negligence, or intentional misconduct.

30. Circumstances Outside Our Control

We are not responsible for delay or failure caused by circumstances outside our reasonable control, including:

Severe weather
Natural disasters
Fire
Utility outages
Internet failures
Transportation interruptions
Public-health emergencies
Governmental actions
Ingredient shortages
Packaging shortages
Farmers-market cancellations

This provision does not eliminate refund or cancellation obligations imposed by applicable law.

31. Governing Law and Venue

These Terms are governed by the laws of the State of Texas, without regard to conflict-of-law principles.

To the extent legally permitted, legal proceedings arising from these Terms or a transaction with us must be brought in a state or federal court with jurisdiction in or serving Brazoria County, Texas.

Nothing in these Terms eliminates mandatory consumer rights provided by applicable law.

32. Changes to These Terms

We may revise these Terms to reflect changes in our products, website, operations, fulfillment methods, or legal obligations.

Updated Terms will be posted with a revised “Last updated” date.

The version in effect when an order is submitted will generally govern that transaction.

33. Severability

If a provision of these Terms is found invalid or unenforceable, the remaining provisions will remain effective to the fullest extent permitted by law.

34. No Waiver

Our failure to immediately enforce a provision does not waive our right to enforce that provision later.

35. Entire Agreement

These Terms, our Privacy Policy, product-page information, Delivery & Pickup Policy, and any separate written terms applicable to a custom or wholesale order constitute the agreement governing the applicable transaction.

36. Contact Us

Questions about these Terms, an order, or our products may be directed to:

The Texas Marshmallow Company
Brazoria County, Texas
Email: [email protected]
Website: txmallows.com