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Terms of Service
Last Updated: October 9, 2026
1. About These Terms
The website backyardamerica.com is operated by [full legal business name], doing business as Backyard America (“Backyard America,” “we,” “us,” or “our”).
These Terms of Service govern your use of our website and your purchases from us. Please read them before placing an order.
When you place an order and accept these Terms at checkout or through a written agreement, you agree to these Terms and the applicable order conditions disclosed before purchase.
Our Shipping Policy and Return and Refund Policy form part of the terms applicable to your purchase. Our Privacy Policy explains how we collect, use, and disclose personal information.
Nothing in these Terms excludes rights or remedies that cannot legally be excluded.
2. Eligibility and Account Information
To place an order, you must be at least 18 years old and legally able to enter into a binding contract in your jurisdiction.
You agree to provide accurate and complete contact, billing, shipping, and payment information and to notify us promptly of changes affecting an order.
You must be authorized to use the payment method you provide.
If you create an account, you are responsible for keeping your login credentials secure. Contact us promptly if you suspect unauthorized account use.
3. Acceptable Website Use
You must not:
Use our website for unlawful or fraudulent purposes.
Attempt to access accounts, systems, or information without authorization.
Introduce malicious software or interfere with website security or operation.
Submit fraudulent orders, impersonate another person, or provide knowingly false information.
Infringe another person’s intellectual property or privacy rights.
Send unsolicited promotional communications through our systems.
Use automated tools in a way that disrupts the website or bypasses access restrictions.
We may restrict access where reasonably necessary to address misuse, fraud, or security concerns. Where appropriate and lawful, we may report suspected unlawful activity to the relevant authorities.
Nothing in these Terms prohibits honest reviews, lawful criticism, or other legally protected communications.
4. Product Information
We make reasonable efforts to keep product descriptions, specifications, availability, and pricing accurate. Errors or omissions may nevertheless occur.
Product photographs are illustrative. Colors may appear differently on different screens, and natural materials such as wood and stone may vary in grain, color, and appearance.
These variations do not excuse supplying a product that materially differs from its description or agreed specifications.
Before ordering, review the product’s dimensions, electrical requirements, clearances, installation requirements, and included components. Contact us if you need clarification.
We will not substitute a materially different product or materially change agreed specifications without your consent.
5. Orders and Acceptance
Placing an order is an offer to purchase the selected products under the terms presented before purchase.
An automated order acknowledgment confirms that we received your order. It does not, by itself, confirm availability or acceptance.
We accept an order when we send an express acceptance, confirm that an approved special order has been placed with the supplier, or ship the product, whichever occurs first.
We may decline an order before acceptance for legitimate reasons, including unavailable stock, an unresolved material pricing error, suspected fraud, or an unserviceable delivery address.
If we decline an order after collecting payment, we will notify you and refund the amounts paid for the declined items and applicable related charges.
Payment collection and order acknowledgment procedures do not postpone any shipping or refund obligations imposed by law.
6. Prices, Taxes, and Payment
Unless expressly stated otherwise, prices are shown in U.S. dollars.
Applicable sales taxes, shipping charges, and other mandatory charges will be disclosed before you submit your order or accept a written quote.
For cross-border shipments, responsibility for import duties, tariffs, customs clearance, and brokerage charges will be disclosed before purchase.
We may change prices for future purchases. Price changes will not automatically increase the price of an accepted order.
If we identify a material pricing or listing error affecting your order, we will contact you promptly. Where correction or cancellation is permitted by law, we will offer you the choice of accepting the corrected terms or canceling the affected items for a refund. We will not charge an increased price without your agreement.
Card payments are charged when you place your order, unless a deposit or another payment arrangement is expressly offered.
Where an order uses a deposit and balance payment arrangement, the amounts and due dates will be specified before purchase. Any permitted consequences of late payment must also be disclosed in the applicable agreement.
7. Special Orders and Custom Products
Some products are made to order, customized, or specially ordered from a manufacturer or distributor at your request.
Before purchasing, review the agreed model, dimensions, materials, finishes, accessories, and other specifications.
Special-order status, estimated shipment timing, payment terms, and any cancellation restrictions will be disclosed before purchase.
Once an order has been placed with the manufacturer or production has begun, changes or change-of-mind cancellations may not be available, as explained in our Return and Refund Policy.
These restrictions do not override applicable rights concerning shipping delays, defective or misdescribed products, or other legally required remedies.
8. Shipping and Delivery
Shipping availability, rates, estimated timeframes, access requirements, and delivery services are described in our Shipping Policy and the product listing or written quote applicable to your order.
Order processing time is separate from manufacturing, shipment, and carrier transit time.
You must provide an accurate delivery address and disclose known access restrictions that could affect delivery.
Large products may require freight delivery, suitable unloading equipment, or customer assistance. Any such requirements will be disclosed before purchase.
Unless expressly included in your order, delivery does not include assembly, installation, utility connections, or placement at the final installation location.
If we cannot ship within the applicable timeframe, we will provide the notices, cancellation options, and refunds required by law and our Shipping Policy.
9. Installation and Safe Use
Unless installation is expressly included in your order, you are responsible for arranging installation and site preparation.
Products must be installed, operated, and maintained according to manufacturer instructions and applicable building, electrical, fire, and other requirements. Use appropriately qualified or licensed professionals where required.
Before installation, confirm site suitability, required permits, electrical capacity, clearances, and access.
Do not install or use a product that appears damaged or unsafe. Contact us for assistance.
These responsibilities do not remove our obligations concerning product descriptions, agreed services, defects, warranties, or applicable consumer rights.
10. Returns, Exchanges, and Refunds
Our Return and Refund Policy explains eligibility, deadlines, exclusions, return procedures, and applicable shipping charges.
Eligible products have a 30-day return-request period after receipt. Custom, special-order, and other excluded items are generally final sale for change-of-mind purposes.
Contact [email protected] before returning an item so we can provide the appropriate instructions.
Return restrictions do not override applicable warranty rights or legally required remedies for damaged, defective, incorrect, or undelivered goods.
11. Product Warranties
Products may include manufacturer warranties. Coverage, duration, exclusions, and claim procedures vary by product.
Applicable written warranty information will be made available before purchase. Contact us if you need a copy or help identifying the warranty for a product.
Manufacturer warranties are separate from our voluntary return policy. Expiration of a change-of-mind return period does not, by itself, end warranty rights.
Nothing in these Terms disclaims or limits a warranty or consumer right that cannot lawfully be excluded.
12. Website Availability and Third-Party Services
We may update, maintain, or temporarily suspend parts of our website. We do not guarantee uninterrupted or error-free access.
Changes to website availability do not cancel our obligations for existing orders or prevent you from contacting us about them.
Our website may link to third-party websites or services, including payment or financing providers. Those providers have their own terms and privacy practices.
We do not control independent third-party websites. However, their involvement does not remove obligations that applicable law places on us.
13. Intellectual Property
Website content, including text, photographs, graphics, logos, and designs, belongs to Backyard America or its licensors, except where otherwise identified.
You may view, download, or print reasonable portions for personal, noncommercial use, including evaluating products and retaining order information.
Except as permitted by law or with the rights holder’s permission, you may not reproduce, sell, distribute, or commercially exploit protected content.
Nothing in this section restricts fair use or other legally permitted uses.
14. Links to Our Website
You may link to publicly available pages on our website provided the link is lawful and does not falsely imply our endorsement, sponsorship, or affiliation.
You must not present our website within a misleading frame or impersonate Backyard America.
We may request removal of links that infringe our rights or misrepresent a relationship with us.
15. Responsibility and Liability
We remain responsible for obligations and liabilities imposed on us by applicable law.
To the extent permitted by law, we are not liable for indirect or consequential losses, including lost business profits, arising from use of the website or purchased products.
This limitation does not exclude or limit liability for fraud, willful misconduct, gross negligence, personal injury caused by our negligence, or any other liability that cannot lawfully be excluded or limited.
It does not remove obligations under applicable warranties or rights to refunds and other remedies required by law.
Some jurisdictions do not permit certain liability exclusions or limitations. In those jurisdictions, the relevant restriction applies only to the extent permitted.
16. Events Beyond Our Reasonable Control
Events such as severe weather, natural disasters, transportation disruptions, or government restrictions may affect performance.
If such an event affects your order, we will communicate the impact and take reasonable steps to address it.
These events do not automatically remove your cancellation, refund, or other rights under applicable law.
17. Changes to These Terms
We may revise these Terms for future website use and purchases. Revised Terms will be posted here with an updated date.
The Terms accepted for your order will continue to govern that order unless you agree to a change or applicable law requires otherwise.
We will provide additional notice or obtain agreement where required by law.
18. Disputes and Applicable Rights
If you have a concern about an order or these Terms, contact [email protected] so we can try to resolve it.
Contacting us informally is not a prerequisite to exercising a legal right or remedy.
Applicable law determines the governing law and the courts with jurisdiction over a dispute. Nothing in these Terms removes mandatory protections available under applicable consumer law.
These Terms do not require binding arbitration or waive participation in a class action.
19. Severability
If a provision of these Terms is held invalid or unenforceable, it will be enforced only to the extent permitted by law or severed where appropriate.
The remaining provisions will continue to apply to the extent legally permitted.
20. Contact Us
Backyard America
Operated by: Backyard Canada Inc.
Mailing address: 1-711 48 Ave SE, Calgary, Alberta, Canada, T2G4X2
Email: [email protected]