Terms & Conditions

These Terms & Conditions are an agreement between you and Penworthy Co. ("Penworthy", "we", "us") and apply to your access to and use of penworthy.com (the "Store") and any purchase you make. By using the Store or placing an order, you confirm that you accept these terms.

We may update these terms from time to time. The version in effect when you place an order applies to that order.

You must be at least 18 years old, or have the consent of a parent or guardian, to place an order. You are responsible for keeping your account details and password confidential and for all activity under your account.

Please give us accurate, current information. We may suspend or close accounts that contain false information or are used in breach of these terms.

We work to describe our kits and show their contents accurately. Colors, components, and packaging may vary slightly from the images shown. Age recommendations are guidance, not guarantees.

When you place an order you make an offer to buy the kits in your cart. Your order is accepted only when we send an order confirmation or ship your items. We may decline or cancel an order — for example, if a kit is out of stock, there is a pricing error, or we suspect fraud — and will refund any amount already charged.

Prices are shown in U.S. dollars and may change at any time before you place an order. Applicable sales tax is calculated at checkout based on your delivery address. Occasionally a kit may be mispriced; if so, we will contact you before processing the order.

We accept major credit and debit cards and PayPal. Card payments are processed by our secure payment providers. Families with ESA or program funds can also purchase our products through their state's approved marketplace.

Paying with ESA / program funds

Orders paid with education or program funds are submitted to your program administrator for approval before funds are charged. Your kits are not charged or shipped until the order is approved. Approval can take from a few minutes to a couple of business days, depending on your program.

We ship within the United States, and most orders are on their way within 1–2 weeks. Standard shipping is free on every order; expedited options are available at checkout for an additional charge. Risk of loss passes to you on delivery to the carrier. If your order arrives damaged, contact us within 7 days of the ship date and we will make it right.

Our kits are complete, curated sets, so all sales are final. If your order arrives damaged, incomplete, or incorrect, contact customerservice@penworthy.com within 7 days of the ship date and we will make it right with a free replacement.

• Replacements for damaged or incorrect items ship free — a quick photo of the issue helps us resolve it faster.
• Kits ship as complete sets; individual components are not sold or replaced separately.
• Program-funds orders: replacements do not require a new program approval.

All content on the Store — including kit designs, text, graphics, logos, and photographs — is owned by Penworthy or its licensors and is protected by intellectual property laws. You may not copy, reproduce, or resell our content or kits for commercial purposes without our written permission.

You agree not to misuse the Store — including attempting to interfere with its operation, access it through automated means without permission, or use it for any unlawful purpose.

The Store and our kits are provided "as is." To the fullest extent permitted by law, Penworthy is not liable for indirect, incidental, or consequential damages arising from your use of the Store or our products. Nothing in these terms limits liability that cannot be excluded under applicable law, including for personal injury caused by our negligence.

Our total liability for any claim relating to an order is limited to the amount you paid for that order.

The following disclaimers apply to every kit and book set sold in the Store, and appear on each product page:

Kits are sold in their entirety; components are not available for individual sale.

Image Disclaimer: Image shown is for illustrative purposes only. The actual contents of the kit may vary. Please refer to the product description above for a detailed list of included items.

Product & Brand Disclaimer: All our educational manipulatives are from highly recognized and reputable educational brands that focus on educational quality and durability.

These terms are governed by the laws of the State of Wisconsin, without regard to its conflict-of-law rules. Any dispute will be subject to the exclusive jurisdiction of the state and federal courts located in Milwaukee County, Wisconsin.