Terms of Use

P.K. Kinder's Co., Inc.

Effective Date: September 10, 2026

These Terms of Use (the "Terms") are a legal agreement between you and P.K. Kinder's Co., Inc. ("Kinder's," "Company," "we," or "us"). They govern your access to and use of www.kinders.com (the "Site"). You may use the Site only if you accept and comply with these Terms. If you do not agree, you may not access or use the Site. 

Your Agreement 

By accessing or using the Website, any services available through it, or information on it, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to both, then you do not have our permission to access or use the Website. 

Changes  

Kinder's may make changes to the content, products and services offered on the Site at any time. We reserve the right to make changes to these Terms at any time by posting updated Terms on this Site. By using this Site after such updates, you are agreeing to all updated Terms. If you do not agree with any updated Terms, you must stop using the Site.  

Eligibility; Minors 

The Site is intended for adults and is not directed to minors. You must be at least 18 years old to access or use the Site. If you are under 18, do not use the Site or submit personal information to the Company through the Site. The Company does not knowingly collect personal information from minors. If we learn that we collected personal information from a minor, we will take reasonable steps to delete it in accordance with our Privacy Policy and applicable law. If you believe a minor provided personal information through the Site, please contact us using the information in the "Contact Us" section. 

Using the Site and Site Services 

Browsing and Accounts

You may browse the Site without registering. To use password-protected areas or certain Site services, you must create an account with the Company and receive or create a password. 

Registration, Marketing, and Customer Profiles

Registration is available only to adults. When you register, we ask for contact and account information, such as your name, email address, and password, and may request your date of birth to confirm eligibility. We use this information to support checkout, contact you about orders, and answer questions. Unless you opt out, we may also email you about sales, contests, promotions, and products. You may opt out when you register or by using the unsubscribe link in a marketing email. You are responsible for keeping your registration information and password confidential. You may also complete an optional customer profile. We use profile responses to learn about our customers and improve their shopping experience. 

You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. We reserve the right to terminate your account anytime at our sole discretion. You can terminate your account by contacting us. 

Promotions

We may offer sweepstakes, contests, and other promotions through the Site ("Promotions"). Each Promotion will have separate terms. By participating, you also agree to those terms. 

Purchases 

Payment Authorization 

When you place an order for products through the Site (an "Order"), you authorize the Company to charge your credit card, bank account, PayPal account, or other payment account (your "Payment Method") for: (a) the full product price; (b) the shipping and handling charges shown at checkout; and (c) the taxes shown at checkout. You must keep your Payment Method information current, including card numbers, expiration dates, and account status. 

Your Payment Information and Obligations 

You represent and warrant that: (a) the Payment Method information you provide is true, correct, and complete; (b) your bank, card issuer, PayPal, or other payment provider will honor amounts you authorize; and (c) you will pay the prices displayed on the Site when you make each purchase. If your Payment Method is declined, you remain responsible for paying for the Products you ordered to the extent the Order remains valid and payable. 

Reversals and Billing Questions 

If a payment is reversed, refunded, charged back, or otherwise not collected, you remain responsible for any amount you still legally owe and must pay it promptly on demand. Send billing questions to info@kinders.com or through our customer-support form within 30 days after the charge. After 30 days, the Company will not voluntarily review, reverse, or refund the charge under this procedure. This 30-day procedure does not limit any nonwaivable right you may have under applicable law or the rules of your payment provider. 

Taxes, Currency, and Cancellation 

Unless the Site says otherwise, prices do not include applicable sales, use, import, export, or similar taxes, duties, fees, or charges ("Taxes"). You are responsible for those Taxes, except taxes based on the Company's net income. You authorize the Company to charge applicable Taxes in addition to the purchase price, shipping and handling, and other disclosed charges. All payments must be in U.S. dollars. After you place an Order, you may cancel it only with the Company's prior written approval, except when applicable law gives you a cancellation right. 

We reserve the right to cancel your purchase for any reason, at our sole discretion, including but not limited to fraud, inaccuracies, and unavailability of the items or services purchased. We will let you know immediately if we plan on cancelling your purchase. We will issue you a refund of the full purchase price that you paid if we cancel your purchase. 

Packing and Delivery 

We pack Products using our standard practices and cannot accommodate requests for custom containers, packing, crating, boxing, or bundling. We will use commercially reasonable efforts to deliver Products by the delivery date in the Order acknowledgment sent to the email address you provided at checkout. If we cannot ship on time, we will provide any delay notice, cancellation option, and refund required by applicable law.

Material You Submit 

Your Responsibility 

You are responsible for information, opinions, messages, comments, photos, videos, graphics, sounds, and other content you submit, upload, post, or otherwise make available through the Site or its services (each, a "Submission"). Do not submit material protected by copyright, trademark, or another proprietary right unless you have the owner's express permission or another legal right to do so. You are responsible for determining whether you have that right and for the legality, reliability, and appropriateness of each Submission. You are liable for harm caused by your Submission, including infringement, breach of contract, and violations of privacy or publicity rights, to the extent provided by applicable law. 

License to Submissions 

Unless these Terms or the Privacy Policy expressly say otherwise, you provide Submissions on a nonconfidential and nonproprietary basis. You grant the Company a nonexclusive, perpetual, irrevocable, royalty-free, fully paid, worldwide license—with the right to sublicense through multiple tiers—to use, reproduce, process, adapt, publicly perform and display, modify, create derivative works from, publish, transmit, and distribute each Submission, in whole or in part, in any current or future medium or distribution method, and to authorize others to do the same. We may adapt Submissions to transmit, display, or distribute them over networks, devices, services, and media. Our use of personal information in Submissions is governed by the Privacy Policy. For an honest consumer review, this license is limited to the rights reasonably needed to host, display, moderate, distribute, and promote the review and to otherwise use it as permitted by law. 

Payments, Standards, and Monitoring 

You must pay any royalties, fees, damages, or other amounts owed to another person because of a Submission you post through the Site. Your Submissions must comply with the "Unauthorized Activities" section below. These rules do not require the Company to monitor, police, or remove any Submission or information provided by you or another user. 

Feedback 

"Feedback" means remarks, suggestions, comments, questions, or ideas you send to the Company—through the Site or by letter, email, telephone, or another method—that suggest or recommend changes to the Site, its services, or Materials, including new features or functions. Feedback does not include personal information governed by the Privacy Policy or an honest consumer review. Feedback is nonconfidential and nonproprietary and becomes the Company's property, even after these Terms end. To the extent permitted by law, you assign to the Company all rights in ideas, know-how, concepts, techniques, and other intellectual property in the Feedback. We may use that Feedback for any purpose without attribution or compensation, including to develop, make, license, market, and sell products or services. If the assignment is prohibited, you grant us an exclusive, transferable, worldwide, royalty-free, fully paid license, including sublicensing rights, to use and exploit the Feedback in our discretion. We have no obligation to use or distribute Feedback, and you cannot require us to do so. 

Prohibited Uses 

You may use the Site only in accordance with applicable laws and these Terms. The following examples are not exhaustive. You may not, directly or indirectly: 

  • impersonate or attempt to impersonate the Company or any of its employees, representatives, subsidiaries, or divisions, or misrepresent your identity or affiliation with any person or entity; 

  • post or share content that harasses, threatens, abuses, defames, discriminates against, or is otherwise offensive to others, including directed swearing or name-calling; depicts, suggests, threatens, or encourages violence; encourages, facilitates, or constitutes an illegal act; is pornographic or sexually explicit; or exploits or abuses minors; 

  • post or share content that infringes another person's intellectual property, privacy, publicity, or other rights, including personal information shared without consent; 

  • advertise products or services without the Company's permission, or send or attempt to send unauthorized advertising or promotional material, including spam, junk mail, chain mail, or similar material; 

  • engage in conduct that restricts or inhibits another person's use or enjoyment of the Site, interferes with the Site's proper operation, or may harm the Company or Site users or expose them to liability, including by disabling, overburdening, damaging, or impairing the Site; introducing viruses, Trojan horses, worms, logic bombs, or other harmful code; or launching a denial-of-service or distributed denial-of-service attack; 

  • gain or attempt to gain unauthorized access to, interfere with, damage, or disrupt any part of the Site, the servers on which it is stored, or any connected server, computer, or database, or use a robot, spider, scraper, other automated means, or a manual process to access, monitor, or copy the Site or its materials for an unauthorized purpose. 

These restrictions apply only to the extent permitted by law. They do not prohibit an honest consumer review or any other activity protected by law. 

Enforcement 

To the extent permitted by law, the Company may suspend or terminate your account, posting access, or use of Site services, and may refuse, delete, or remove Submissions, with or without cause or notice, for conduct it considers inappropriate or disruptive. The Company may report potentially illegal activity or reports of that activity to law enforcement. When legally required—or at the Company's discretion where lawful—the Company may cooperate with an investigation of alleged illegal activity on the Site or internet. Unauthorized use of Site Materials may violate law. 

Indemnity for Site Misuse 

To the extent permitted by law, you will indemnify and hold harmless the Company and its officers, directors, employees, affiliates, agents, licensors, and business partners from third-party claims and related costs, damages, liabilities, expenses, attorneys' fees, and defense costs arising from: (a) your use of the Site; (b) use by a person using your username or password; (c) your participation in posting areas; or (d) your Submissions—if that conduct violates law or another person's copyright, trademark, or other right. 

Intellectual property and DMCA notice and procedure for intellectual property infringement claims 

All contents of this Website are © 1999 - 2026 P.K. Kinder Co Inc. (DBA Kinder's) or third parties. All rights reserved. Unless specified otherwise, this Website and all content and other materials on this Website including but not limited to all logos, designs, text, graphics, pictures, information, data, software, sound files and arrangement thereof (collectively, "Content") are the proprietary property of P.K. Kinder Co Inc. (DBA Kinder's) and are either registered trademarks, trademarks or otherwise protected intellectual property of P.K. Kinder Co Inc. (DBA Kinder's) or third parties in the United States and/or other countries. 

We respect intellectual property rights and ask users to do the same. We may suspend or terminate access for users who infringe others' intellectual property rights. 

To submit a copyright takedown notice, send our designated copyright agent a written notice containing: 

  • your physical or electronic signature, if you are authorized to act for the copyright owner; 

  • identification of the copyrighted work, or a representative list if one notice covers multiple works on the Site; 

  • identification and location of the allegedly infringing material; 

  • your address, telephone number, and, if available, email address; 

  • a statement that you have a good-faith belief that the challenged use is not authorized by the copyright owner, its agent, or law; and 

  • a statement that the notice is accurate and, under penalty of perjury, that you are authorized to act for the owner of the allegedly infringed exclusive right. 

Send notices to: 

P.K. Kinder's Co., Inc., 

Attention: Legal Department.  

2121 N California Blvd.,  

Walnut Creek, CA 94596 

A person who knowingly and materially misrepresents that material or activity is infringing may be liable under 17 U.S.C. § 512(f). Trademark complaints may be sent to the same address but are not governed by the DMCA. 

DMCA Counter-Notice 

If we remove or disable access to copyright-protected material you provided in response to a valid Digital Millennium Copyright Act ("DMCA") notice, we will notify you. You may send our designated agent a written counter-notice containing: 

  1. Your physical or electronic signature.
  2. Identification of the removed or disabled material and where it appeared before removal or disabling.
  3. A statement, under penalty of perjury, that you have a good-faith belief the material was removed or disabled because of mistake or misidentification.
  4. Your name, physical address, and telephone number; your consent to the jurisdiction of the federal district court for the district where you live—or, if you live outside the United States, any federal district where the Company may be found; and your agreement to accept service of process from the person who submitted the infringement notice or that person's agent. 

Repeat Infringers 

The Company may, in its sole discretion, terminate the account or Site or service access of a user who is the subject of repeated DMCA or other infringement notices. 

Disclaimer of Warranties 

TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY AND ITS LICENSORS PROVIDE THE SITE AND ITS MATERIALS, INFORMATION, SERVICES, PRODUCTS, TEXT, GRAPHICS, AND LINKS "AS IS" AND WITHOUT EXPRESS OR IMPLIED WARRANTIES. THIS INCLUDES IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; WARRANTIES THAT THE SITE IS FREE OF VIRUSES; AND WARRANTIES ARISING FROM A COURSE OF DEALING OR PERFORMANCE. WE DO NOT WARRANT THAT THE SITE WILL BE ACCURATE, COMPLETE, CORRECT, ADEQUATE, USEFUL, TIMELY, RELIABLE, UNINTERRUPTED, OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SITE OR ITS SERVER WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. 
SOME LAWS DO NOT ALLOW SOME OR ALL OF THESE DISCLAIMERS. NOTHING IN THESE TERMS DISCLAIMS AN EXPRESS PRODUCT WARRANTY OR AN IMPLIED WARRANTY OR REMEDY THAT CANNOT LEGALLY BE DISCLAIMED.  

Limitation of Liability 

TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY WILL NOT BE LIABLE FOR INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SITE OR THE INFORMATION, SERVICES, PRODUCTS, OR MATERIALS AVAILABLE THROUGH IT. THIS LIMIT APPLIES UNDER ANY LEGAL THEORY—INCLUDING CONTRACT, NEGLIGENCE, TORT, OR STRICT LIABILITY—EVEN IF THE COMPANY WAS ADVISED THAT THE DAMAGES WERE POSSIBLE AND EVEN IF A LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY'S TOTAL AGGREGATE LIABILITY TO YOU WILL NOT EXCEED THE GREATER OF: (A) $100; OR (B) THE AMOUNT YOU PAID TO THE COMPANY FOR THE PRODUCT OR ORDER GIVING RISE TO THE CLAIM. 


THESE LIMITS DO NOT APPLY TO LIABILITY THAT CANNOT LEGALLY BE LIMITED, INCLUDING LIABILITY FOR THE COMPANY'S FRAUD OR WILLFUL INJURY, OR TO OTHER LIABILITY THAT APPLICABLE LAW MAKES NONWAIVABLE. SOME JURISDICTIONS DO NOT ALLOW SOME DAMAGE EXCLUSIONS OR LIMITS, SO SOME OF THESE TERMS MAY NOT APPLY TO YOU. 

Links to Other Sites 

This Site may contain links to, integrate with, or permit you to interact or conduct transactions with websites operated by unaffiliated third parties ("Third-Party Sites") or by the Company's affiliates but not controlled or operated by the Company ("Affiliate Sites," and together with Third-Party Sites, "Linked Sites"). A Linked Site accessed through this Site may appear to remain part of this Site. Where available, you may also be able to adjust settings in your Linked Site account to permit information about your activities on this Site to be shared with the Linked Site or contacts associated with your account. 

Linked Sites may have privacy policies, terms and conditions, user guides, and business practices that differ from those of the Company. Your access to and use of each Linked Site are governed by that Linked Site's applicable policies and terms, and you agree to comply with them. 

Links to Linked Sites are provided solely for your convenience. The Company does not control or verify, make representations concerning, or accept responsibility for any Linked Site, including its content, services, links, business practices, accuracy, quality, or completeness. Any reference on this Site to a third party or its products, services, publications, institutions, or organizations does not constitute or imply the Company's endorsement or recommendation. 

THE COMPANY WILL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, INFORMATION, RESOURCES, CONTENT, DEALINGS, OR COMMUNICATIONS AVAILABLE ON OR THROUGH A LINKED SITE, OR FOR ANY HARM, DAMAGE, OR LOSS CAUSED OR ALLEGED TO HAVE BEEN CAUSED BY YOUR ACCESS TO, USE OF, OR RELIANCE ON ANY LINKED SITE OR ITS CONTENT OR BUSINESS PRACTICES. 

Governing Law; Jurisdiction; Venue 

The Company controls and operates this Site from the Company's headquarters in Walnut Creek, California, in the United States of America. We in no way warrant or imply that the materials on the Site are appropriate for use outside of the United States. If you use the Site from a location outside of the United States, you are solely responsible for compliance with any applicable local laws. You may not use or export the materials on the Site in violation of U.S. export laws and regulations. Any claim relating to the Site or your use of it shall be governed by the internal substantive laws of the State California, and applicable U.S. federal law, without regard to the choice or conflicts of law provisions. Foreign laws do not apply. The United Nations Convention on Contracts for the International Sale of Goods, any laws based on the Uniform Computer Information Transactions Act (UCITA), the Uniform Commercial Code (UCC), INCOTERMS shall not apply to these Terms. 

Any controversy or claim arising out of or relating to these Terms including but not limited to the interpretation or breach thereof shall be resolved in a court of competent jurisdiction in Contra Costa County, California or the U.S. District Court for the Northern District of California. 

Our failure to enforce any right or provision of these Terms will not be considered a waiver of that right or provision.  

Termination 

These Terms remain effective until you or the Company terminates them. You may terminate them at any time by stopping use of the Site and destroying all Site Materials, related documentation, copies, and installations you obtained. The Company may terminate these Terms without notice if it determines that you breached them. When the Terms end, you must destroy all Site Materials covered by the terminated license.  

Miscellaneous 

If a provision of these Terms is unlawful, void, or unenforceable, it will be interpreted as closely as possible to reflect the parties' intent, and the remaining provisions will remain effective. These Terms, the Product Purchase Terms and Conditions of Sale, and legal notices and terms on the Site are the entire agreement between you and the Company about the Site and replace prior or contemporaneous discussions, negotiations, and agreements on that subject. A legal notice or term on a particular Site page may expressly override part of these Terms. Provisions concerning proprietary rights, your payment obligations, warranty disclaimers, your representations, indemnities, liability limits, governing law, jurisdiction, venue, and other provisions that by their nature should survive will remain effective after termination. 

California Consumer Notice 

Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: T Provider: P.K. Kinder's Co., Inc., 2121 N California Blvd., Walnut Creek, CA 94596. Phone: 877-274-3547  

Charges: Product descriptions and prices are shown during ordering and in your purchase-confirmation email. 

Complaints and information: Contact Customer Service at info@kinders.com, through our customer-support form, or by mail at the address above, Attention: Customer Service. Phone: 877-274-3547  

You may also contact the California Department of Consumer Affairs, Consumer Information Center, 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, at (800) 952-5210. Hearing-impaired persons may use 711 or (800) 735-2929 (TTY). 

Contact Us

If you have any questions about our Terms of Service, please contact us through our customer-support form or by sending your questions via U.S. mail to: 2121 N. California Blvd, Walnut Creek, CA 94596, Attn: Legal Department.