Terms of service

Terms of Service
Last updated: April 20, 2026

OVERVIEW
Welcome to ZenPen Poultry LLC. The terms “we,” “us,” and “our” refer to ZenPen Poultry LLC. ZenPen Poultry LLC operates this website, online store, and related services, including all information, content, features, tools, products, and services made available through our site to provide you with a curated shopping experience. Our store is powered by Shopify, which enables us to offer our products and services to you. These Terms of Service, together with any policies referenced herein, describe your rights and responsibilities when using our website or purchasing from us. By visiting, using, or purchasing from our site, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree, please do not use our Services.

SECTION 1 - ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are using this site with the involvement and permission of a parent or legal guardian. To use our Services, including placing an order, you may be asked to provide information such as your name, email address, billing information, payment information, and shipping information. You agree that all information provided is accurate, current, and complete. You are responsible for maintaining the confidentiality of your account information and for all activity under your account.

SECTION 2 - OUR PRODUCTS
We make every effort to describe and display our products as accurately as possible. However, because we sell live animals, hatching eggs, and agricultural products, variations in color, appearance, size, condition, feathering, comb type, or other traits may occur naturally and are not grounds for refund or return. Photos are representative only and may not reflect the exact product received. Product descriptions, pricing, and availability may change at any time without notice. We reserve the right to limit quantities or discontinue products at our discretion.

SECTION 3 - ORDERS
When you place an order, you are making an offer to purchase. ZenPen Poultry LLC reserves the right to accept or decline any order for any reason. Your order is not considered accepted until payment has been received and we confirm the order. Because many of our products are limited, perishable, or live, cancellation requests may not be honored once an order has been accepted. We may also cancel or modify an order if a product becomes unavailable, if weather conditions are unsafe for shipping, or if we believe fulfillment would place the animals or eggs at risk. ZenPen Poultry LLC also reserves the right to refuse service, cancel orders, or limit sales to anyone at our discretion, including in cases involving animal welfare concerns, unsafe shipping conditions, suspected fraud, inaccurate order information, or abusive or inappropriate behavior toward our business. You agree that your purchases are for lawful personal use and not for unlawful resale.

SECTION 4 - PRICES AND BILLING
Prices are subject to change without notice. The price charged will be the price in effect at the time the order is placed. Unless otherwise stated, prices do not include shipping, taxes, handling, or any applicable fees. You agree to provide accurate billing and payment information for all purchases and to update your information as needed. By placing an order, you represent that you are authorized to use the payment method provided and that you agree to pay all charges incurred.

SECTION 5 - SHIPPING AND DELIVERY
Shipping times are estimates only and are not guaranteed. We are not responsible for delays caused by carriers, weather, postal issues, or events outside our control. Shipping of hatching eggs and live animals is always a risk. Once an order leaves our farm and is transferred to the carrier, conditions are outside our control. Shipping may be delayed or held based on weather or animal safety concerns. We reserve the right to postpone shipment if conditions are not safe.

SECTION 6 - LIVE ANIMALS AND HATCHING EGGS
By purchasing live poultry, chicks, or hatching eggs from ZenPen Poultry LLC, you acknowledge that these are fragile and time sensitive products. Shipped hatching eggs are always a gamble, and hatch rates can be affected by handling, storage, shipping conditions, incubation practices, humidity, temperature, and other factors outside our control. Even a hatch rate of around 40% on shipped eggs may be considered a good outcome. We do not guarantee hatch rates, survival after delivery, future fertility, show quality, or development of any live animal or egg.

SECTION 7 - REFUNDS, RETURNS, AND EXCHANGES
All sales are final. We do not offer refunds, returns, or exchanges on hatching eggs, chicks, live poultry, deposits, or other live or perishable products. Once eggs or birds leave our farm, they are no longer under our control. If there is a clear shipping related issue, you must contact us promptly with photos and order details so we can review the situation. Any review of a shipping issue is done at our sole discretion and does not guarantee a refund, replacement, or store credit. Please review our Refund Policy for additional details.

SECTION 8 - INTELLECTUAL PROPERTY
All content on this website, including text, graphics, logos, photographs, product descriptions, videos, designs, and branding, is the property of ZenPen Poultry LLC, its licensors, or its service providers and is protected by applicable intellectual property laws. You may not copy, reproduce, republish, upload, post, transmit, distribute, or exploit any part of this site without our prior written permission.

SECTION 9 - OPTIONAL TOOLS AND THIRD PARTY SERVICES
We may provide access to tools or services offered by third parties. These tools are provided “as is” and “as available” without warranties or endorsements. We are not responsible for third party services, websites, or tools linked from or used through our site. Your use of any third party service is at your own risk.

SECTION 10 - RELATIONSHIP WITH SHOPIFY
Our store is hosted by Shopify, which enables us to offer our products and services to you. However, any purchase you make through our website is made directly with ZenPen Poultry LLC, not with Shopify. Shopify is not responsible for any aspect of any transaction between you and ZenPen Poultry LLC, including issues related to products, shipping, refunds, or losses.

SECTION 11 - PRIVACY
Your submission of personal information through the store is governed by our Privacy Policy. Because our website is hosted by Shopify, some information may also be collected, processed, and stored by Shopify in order to provide store functionality and services.

SECTION 12 - FEEDBACK AND USER SUBMISSIONS
If you submit reviews, messages, comments, suggestions, photos, or other content to us, you grant us permission to use, reproduce, publish, and display that content in connection with our business, marketing, and Services. You represent that your submissions do not violate the rights of any third party and are not unlawful, abusive, misleading, or harmful.

SECTION 13 - ERRORS, INACCURACIES, AND OMISSIONS
Occasionally there may be information on our site that contains typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, shipping charges, transit times, or availability. We reserve the right to correct any such errors, update information, or cancel orders if any information is inaccurate at any time without prior notice.

SECTION 14 - PROHIBITED USES
You may not use our website or Services for any unlawful or unauthorized purpose. You agree not to violate any laws, infringe on intellectual property rights, harass others, submit false information, transmit malicious code, spam, scrape the site, interfere with site security, or use automated systems to access the site in a way that disrupts our Services.

SECTION 15 - TERMINATION
We reserve the right to terminate or suspend your access to the Services at any time, without notice, if we believe you have violated these Terms of Service or used our site in an improper or harmful way.

SECTION 16 - DISCLAIMER OF WARRANTIES
Our Services and all products sold through the Services are provided “as is” and “as available,” without warranties of any kind, either express or implied, except where required by law. We do not guarantee that the Services will be uninterrupted, timely, secure, or error free. We do not warrant that products purchased from us will meet every expectation, especially in matters involving live animals, hatching eggs, shipping outcomes, or hatch success.

SECTION 17 - LIMITATION OF LIABILITY
To the fullest extent permitted by law, ZenPen Poultry LLC shall not be liable for any injury, loss, claim, incidental damages, consequential damages, or any other damages arising from your use of the Services or from the purchase, shipment, handling, incubation, brooding, housing, or care of products sold through the Services. Our liability, if any, shall be limited to the amount paid for the product purchased.

SECTION 18 - INDEMNIFICATION
You agree to indemnify, defend, and hold harmless ZenPen Poultry LLC, Shopify, and our affiliates, service providers, employees, and agents from any claim or demand arising from your breach of these Terms, your violation of any law, or your misuse of the Services or products purchased through the Services.

SECTION 19 - SEVERABILITY
If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision shall still be enforceable to the fullest extent permitted by law, and the remaining provisions shall remain in full force and effect.

SECTION 20 - ENTIRE AGREEMENT
These Terms of Service, together with any policies posted on this site, constitute the entire agreement between you and ZenPen Poultry LLC regarding your use of the Services and supersede any prior agreements or communications.

SECTION 21 - ASSIGNMENT
You may not assign or transfer your rights under these Terms without our prior written consent. We may assign or transfer our rights and obligations under these Terms at any time.

SECTION 22 - GOVERNING LAW
These Terms of Service and any disputes arising from your use of the Services or purchases from ZenPen Poultry LLC shall be governed by and construed in accordance with the laws of the State of Texas, without regard to conflict of law principles. You agree to submit to the jurisdiction of the courts located in Texas.

SECTION 23 - CHANGES TO TERMS OF SERVICE
We reserve the right to update, change, or replace any part of these Terms of Service at any time by posting updates to our website. Your continued use of the website after changes are posted constitutes acceptance of those changes.

SECTION 24 - CONTACT INFORMATION
Questions about these Terms of Service should be sent to:

ZenPen Poultry LLC
zenpengtx@gmail.com
Georgetown, Texas
United States