Terms of service

Last Updated: 11/10/2026

OVERVIEW

Welcome to the Gerber® Parent Puffer website. The terms “we”, “us” and “our” refer to Fooji, Inc. (“Fooji”), on behalf of the Gerber® brand (“Gerber”), part of the Nestlé family of companies (“Nestlé”). Fooji operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the “Services”) for the limited-edition Gerber® Parent Puffer (the “Product”). The Gerber® Parent Puffer website is powered by Shopify, which enables us to provide the Services to you.

The below terms and conditions, together with any policies referenced herein (these “Terms of Service” or “Terms”), describe your rights and responsibilities when you use the Services.

Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as 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 the applicable privacy policies, including the Nestlé USA Privacy Policy, Gerber Privacy Policy, and Fooji Privacy Policy. If you do not agree to these Terms of Service or the applicable privacy policies, you should not use or access our Services.

SECTION 1 - ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you represent that you are at least eighteen (18) years of age and have reached the age of majority in your state of residence.

To use the Services, including accessing or browsing our online store or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment and shipping information. You represent and warrant that all the information you provide is correct, current and complete and that you have all rights necessary to provide this information.

You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign or license your account to any other person.

SECTION 2 - OUR PRODUCTS

The limited-edition Gerber® Parent Puffer is available in sizes S through 3XL, subject to availability.

The Product is available for $19.27 (plus applicable sales tax), while supplies last. Shipping is included in the purchase price. Gerber snacks are not included with the purchase of the Product and are sold separately.

A total of two hundred (200) Puffers will be available for consumer purchase across three (3) Drops, with approximately sixty-seven (67) Puffers per Drop, on a first-come, first-served basis.

We have made every effort to provide an accurate representation of our products and services in our online store. However, please note that colors or product appearance may differ from how they appear on your screen due to the type of device you use to access the store and your device settings and configuration.

We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or be the same as depicted or rendered in our online store, except as otherwise required by applicable law.

All descriptions of products are subject to change at any time without notice, subject to applicable law. We reserve the right to discontinue any product at any time and may limit the quantities of products offered to any person, geographic region or jurisdiction, on a case-by-case basis.

SECTION 3 - ORDERS

There will be three (3) purchase periods (each a “Drop”) for the Product. A total of two hundred (200) Puffers will be offered for consumer purchase across all three Drops.

Drop #1 will start on December 4, 2026 at 2:00 p.m. ET, with sixty-seven (67) Puffers available while supplies last. Drop #2 will start on December 11, 2026 at 2:00 p.m. ET, with sixty-seven (67) Puffers available while supplies last. Drop #3 will start on December 18, 2026 at 2:00 p.m. ET, with sixty-six (66) Puffers available while supplies last.

Each Drop is first come, first served and ends when its allocation sells out. Sizes are subject to availability. Placing an item in your cart does not reserve it.

When you place an order, you are making an offer to purchase. Fooji and Gerber reserve the right to accept or decline your order, subject to applicable law. Your order is not accepted until you receive an order confirmation email. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting, as we may be unable to accommodate cancellation requests after an order is accepted. In the event that we do not accept, make a change to or cancel an order, we will attempt to notify you by contacting the email address, billing address and/or phone number provided at the time the order was made.

Purchasers must be at least eighteen (18) years old. Limit one (1) Gerber® Parent Puffer per person, household and shipping address across all three (3) Drops.

Orders exceeding this limit, placed using automated means, bots or scripts, or intended for resale may be canceled and refunded at our or Gerber's discretion, subject to applicable law.

All sales are final, except as otherwise required by law. If your Product arrives damaged or you receive the wrong item, contact help@fooji.com within fifteen (15) days of delivery so that the issue can be addressed.

You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.

SECTION 4 - PRICES AND BILLING

The Product is available for $19.27 per Puffer, plus applicable sales tax calculated based on the shipping address. Shipping is included in the purchase price.

Prices, discounts and promotions are subject to change without notice, subject to applicable law. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Unless otherwise expressly stated, posted prices do not include applicable taxes.

We may offer, from time to time, promotions on the Services that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.

You agree to provide current, complete and accurate purchase, payment and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address, credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

You represent and warrant that (i) the credit card information you provide is true, correct and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes.

SECTION 5 - SHIPPING AND DELIVERY

Shipping is available only to street addresses in the fifty (50) United States and the District of Columbia and to APO/FPO/DPO addresses; APO/FPO/DPO delivery may take longer. P.O. boxes, freight forwarders and addresses outside these areas are not eligible.

Shipping is included in the purchase price.

Orders are expected to ship in January 2027 and will not arrive by December 25, 2026.

You will receive an email with tracking information when your order ships.

All shipping and delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers or events outside our reasonable control, except as otherwise required by applicable law.

If we cannot ship your order within the stated timeframe, we will notify you and provide you with the option to cancel for a full refund.

Title and risk of loss transfer in accordance with applicable law.

SECTION 6 - INTELLECTUAL PROPERTY

Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video and audio, and the design, selection and arrangement thereof, are owned by their respective rights holders or used with permission by Gerber, Nestlé, their affiliates or licensors, and are protected by U.S. and foreign patent, copyright and other intellectual property laws.

These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on the Services without our prior written consent. Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting a license or other rights to you under any patent, trademark, copyright or other intellectual property of Gerber, Nestlé, Shopify or any third party.

Unauthorized use of the Services may be a violation of federal and state intellectual property laws. All rights not expressly granted herein are reserved by Fooji, Gerber and the applicable rights holders.

The Gerber® name, logos, product and service names, designs and slogans are trademarks of their respective owners or licensors. You must not use such trademarks without 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 on the Services are trademarks of their respective owners.

SECTION 7 - OPTIONAL TOOLS

You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor have any control or input.

You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement, subject to applicable law. We shall have no liability arising from or relating to your use of optional third-party tools to the fullest extent permitted by law.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which such tools are provided by the relevant third-party providers.

We may also, in the future, offer new features through the Services, including the release of new tools and resources. Such new features shall also be deemed part of the Services and are subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

The Services may contain materials and hyperlinks to websites provided or operated by third parties, including embedded third-party functionality. We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you decide to leave the Services to access these materials or third-party websites, you do so at your own risk.

We are not liable for any harm or damages related to your access to third-party websites or your purchase or use of products, services, resources or content on third-party websites, except as otherwise required by applicable law. Please review third-party policies and practices carefully and make sure you understand them before engaging in any transaction. Complaints, claims, concerns or questions regarding third-party products and services should be directed to the applicable third party.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

The Gerber® Parent Puffer website is powered by Shopify, which enables us to provide the Services to you. However, the Product is sold by Fooji, Inc. and not Shopify.

By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of the sale or fulfillment of the Product, including injury, damage or loss resulting from purchased products and services, except as otherwise required by applicable law.

To the fullest extent permitted by law, you expressly release Shopify and its affiliates from claims, damages and liabilities arising from or related to your purchases and transactions through the Services.

SECTION 10 - PRIVACY POLICY

All personal information we collect through the Services is subject to the applicable privacy policies, including the Nestlé USA Privacy Policy, Gerber Privacy Policy, and Fooji Privacy Policy. Certain personal information may also be subject to Shopify's Privacy Policy. By using the Services, you acknowledge that you have had the opportunity to review these privacy policies.

Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services for you.

Information you submit to the Services may be transmitted to and shared with Shopify, Fooji, Gerber, Nestlé and applicable third-party service providers, including payment processors and fulfillment partners, as described in the applicable privacy policies. These third parties may be located in countries other than where you reside.

Review the applicable privacy policies for more details on how we, Shopify and our partners collect, use, process and disclose your personal information.

SECTION 11 - FEEDBACK

If you submit, upload, post, email or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans or other content (collectively, “Feedback”), you grant us and Gerber a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including commercial use, to the extent permitted by applicable law.

We may exercise our rights under this license to operate, provide, evaluate, enhance, improve and promote the Services and to perform our obligations and exercise our rights under these Terms of Service.

You also represent and warrant that (i) you own or have all necessary rights to all Feedback, (ii) you have disclosed any compensation or incentives received in connection with your submission of Feedback, and (iii) your Feedback will comply with these Terms.

We are under no obligation to maintain Feedback in confidence, pay compensation for Feedback or respond to Feedback, except as otherwise required by law.

We and Gerber may, but have no obligation to, monitor, edit or remove Feedback that we determine to be unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable, or that violates another party's intellectual property rights or these Terms of Service.

You agree that your Feedback will not violate any right of a third party, including copyright, trademark, privacy or other personal or proprietary rights. Your Feedback must not contain unlawful, abusive or obscene content or malware.

You may not use a false email address, impersonate another person or otherwise mislead us or third parties regarding the origin of Feedback. You are solely responsible for the Feedback you provide and its accuracy. We assume no liability for Feedback submitted by you or third parties to the fullest extent permitted by law.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on or in the Services containing typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times and availability.

We reserve the right to correct errors, inaccuracies or omissions and to change or update information or cancel orders if information is inaccurate, including after you have submitted your order, subject to applicable law.

We or Gerber may cancel any order resulting from pricing, typographical or system errors and will refund any amount charged for the canceled order.

SECTION 13 - PROHIBITED USES

You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any international, federal, state or local laws or regulations; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage or intimidate another person; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, download, use or reuse material that does not comply with these Terms; (g) to transmit unsolicited advertising or promotional materials, including spam; (h) to impersonate or attempt to impersonate any other person or entity; or (i) to engage in conduct that restricts or inhibits another person's use or enjoyment of the Services or exposes Fooji, Gerber, Nestlé, Shopify or other users to liability.

In addition, you agree not to: (a) upload or transmit viruses or other malicious code; (b) reproduce, duplicate, copy, sell, resell or exploit any portion of the Services; (c) collect or track the personal information of others without authorization; (d) spam, phish, scrape, crawl or otherwise access the Services through unauthorized automated means; (e) interfere with or circumvent the security features of the Services or related websites; or (f) use bots, scripts or other automated purchasing mechanisms to circumvent Product quantity limits.

We reserve the right to suspend, disable or terminate access to the Services and cancel orders that violate these Terms, subject to applicable law.

SECTION 14 - TERMINATION

We may terminate this agreement or your access to the Services, in whole or in part, at our discretion and subject to applicable law. You will remain liable for amounts lawfully due up to and including the date of termination.

The following sections will continue to apply following termination to the extent appropriate: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy and any other provisions that by their nature should survive termination.

SECTION 15 - DISCLAIMER OF WARRANTIES

The information presented on or through the Services is made available for general informational purposes. We do not warrant the accuracy, completeness or usefulness of all information provided through the Services. Any reliance you place on such information is at your own risk, except as otherwise provided by applicable law.

EXCEPT AS EXPRESSLY PROVIDED HEREIN OR REQUIRED BY APPLICABLE LAW, THE SERVICES AND PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE AND NON-INFRINGEMENT.

WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.

SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU.

SECTION 16 - LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, FOOJI, GERBER, NESTLÉ, SHOPIFY AND THEIR RESPECTIVE PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS AND LICENSORS SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA OR REPLACEMENT COSTS, ARISING FROM OR RELATING TO YOUR USE OF THE SERVICES OR PURCHASE OF THE PRODUCT, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THIS LIMITATION APPLIES TO CLAIMS RELATED TO ERRORS OR OMISSIONS IN CONTENT, INTERRUPTION OF THE SERVICES OR LOSS OR DAMAGE ARISING FROM USE OF THE SERVICES OR PRODUCT, EXCEPT WHERE LIABILITY CANNOT LAWFULLY BE EXCLUDED OR LIMITED.

NOTHING IN THESE TERMS EXCLUDES OR LIMITS RIGHTS OR REMEDIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

SECTION 17 - INDEMNIFICATION

To the extent permitted by applicable law, you agree to indemnify, defend and hold harmless Fooji, Gerber, Nestlé, Shopify and their respective affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers from third-party losses, damages, liabilities or claims, including reasonable attorneys' fees, arising out of (1) your breach of these Terms or policies incorporated by reference, (2) your violation of applicable law or the rights of a third party, or (3) your unlawful or unauthorized access to or use of the Services.

We will notify you of any indemnifiable claim. Failure to provide prompt notice will not relieve you of your obligations unless you are materially prejudiced.

We may control the defense and settlement of an indemnifiable claim at your expense, including the choice of counsel, but will not settle a claim imposing non-monetary obligations on you without your consent, which shall not be unreasonably withheld.

You agree to cooperate reasonably in the defense of indemnifiable claims, including by providing relevant documentation.

SECTION 18 - SEVERABILITY

If any provision of these Terms is determined to be unlawful, void or unenforceable, that provision shall be enforceable to the fullest extent permitted by applicable law. The unenforceable portion shall be deemed severed from these Terms, and such determination shall not affect the validity or enforceability of the remaining provisions.

SECTION 19 - WAIVER; ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.

These Terms and any policies or operating rules posted on the website or incorporated herein constitute the entire agreement between you and us regarding your use of the Services and purchase of the Product, superseding prior or contemporaneous agreements, communications and proposals, whether oral or written.

Any ambiguities in the interpretation of these Terms shall not automatically be construed against the drafting party.

SECTION 20 - ASSIGNMENT

You may not delegate, transfer or assign these Terms or any of your rights or obligations under them without our prior written consent. Any attempted assignment without such consent will be null and void, to the extent permitted by applicable law.

We may transfer, assign or delegate these Terms and our rights and obligations, subject to applicable law.

SECTION 21 - GOVERNING LAW

These Terms of Service, any separate agreements whereby we provide you Services, and your purchase of the Product shall be governed by the laws of the Commonwealth of Virginia, without regard to its conflict-of-laws principles. Any dispute arising from these Terms or your purchase shall be brought exclusively in the state courts located in Arlington County, Virginia, or the United States District Court for the Eastern District of Virginia, and you consent to personal jurisdiction and venue in those courts, except where applicable law provides otherwise. 

SECTION 22 - HEADINGS

The headings used in this agreement are included for convenience only and shall not limit or otherwise affect the interpretation of these Terms.

SECTION 23 - CHANGES TO TERMS OF SERVICE

You may review the most current version of these Terms at any time on this page.

We reserve the right, subject to applicable law, to update, change or replace any part of these Terms by posting updates to our website.

It is your responsibility to review the website periodically for changes. We will notify you of material changes to these Terms as required by applicable law, and such changes will take effect on the date specified in the notice.

Your continued use of or access to the Services following the effective date of any changes constitutes acceptance of those changes, to the extent permitted by applicable law.

We or Gerber may modify, suspend or end the Product offer at any time, subject to applicable law.

SECTION 24 - CONTACT INFORMATION

Questions about the Terms of Service or orders placed through the Gerber® Parent Puffer website should be sent to help@fooji.com.

Our contact information is provided below:

Fooji, Inc.

help@fooji.com

257 E. Short St., Suite 200

Lexington, KY 40507