1 Acceptance The Use of Beyond Backyards Terms and Conditions
Your access to and use of Beyond Backyards is subject exclusively to these Terms and Conditions. You will not use the Website for any purpose that is unlawful or prohibited by these Terms and Conditions. By using the Website you are fully accepting the terms, conditions and disclaimers contained in this notice. If you do not accept these Terms and Conditions you must immediately stop using the Website.
2 Payments and Taxes
2.1 We accept all major credit cards (Visa, MasterCard, American Express, Discover)
2.2 All prices quoted or accepted by Seller are exclusive of federal, state, municipal or other government excise, sales, use, occupational or like taxes, tariffs, customs, and all export duties and other export costs. Any and all of the foregoing taxes, duties, fees and costs shall be borne by Buyer. Prices are consequently subject to increase by the amount of any such tax, tariff, duty or fee, which Seller pays or is required to pay or collect upon sale or delivery of products. Such taxes, duties, fees and costs, when applicable to sales or to the product, will appear as separate additional items on the invoice to Buyer. Any tax exemption certificate or similar document or proceeding required to exempt the sale of products from sales or use or other tax liability shall be obtained by Buyer, at its expense, and shall be provided to Seller prior to delivery.
3 LEGAL ADVICE
The contents of Beyond Backyards website do not constitute advice and should not be relied upon in making or refraining from making, any decision.
All material contained on Beyond Backyards is provided without any or warranty of any kind. You use the material on Beyond Backyards at your own discretion.
4 CHANGE OF USE
Beyond Backyards reserves the right to:
4.1 change or remove (temporarily or permanently) the Website or any part of it without notice and you confirm that Beyond Backyards shall not be liable to you for any such change or removal and.
4.2 change these Terms and Conditions at any time, and your continued use of the Website following any changes shall be deemed to be your acceptance of such change.
5 Links to Third Party Websites
Beyond Backyards Website may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that we are not responsible for the content or availability of any such sites.
6.1 All copyright, trade marks and all other intellectual property rights in the Website and its products (including without limitation the products, Website design, text, graphics and all software and source codes connected with the Website) are owned by or licensed to Beyond Backyards or otherwise used by Beyond Backyards as permitted by law.
6.2 In accessing the Website you agree that you will access the content solely for your personal, non-commercial use. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. This excludes the downloading, copying and/or printing of pages of the Website for personal, non-commercial home use only.
7 LINKS TO AND FROM OTHER WEBSITES
7.1 Throughout this Website you may find links to third party websites. The provision of a link to such a website does not mean that we endorse that website. If you visit any website via a link on this Website you do so at your own risk.
7.2 Any party wishing to link to this website is entitled to do so provided that the conditions below are observed:
(a) you do not seek to imply that we are endorsing the services or products of another party unless this has been agreed with us in writing;
(b) you do not misrepresent your relationship with this website; and
(c) ; the website from which you link to this Website does not contain offensive or otherwise controversial content or, content that infringes any intellectual property rights or other rights of a third party.
7.3 By linking to this Website in breach of our terms, you shall indemnify us for any loss or damage suffered to this Website as a result of such linking.
8 DISCLAIMERS AND LIMITATION OF LIABILITY
8.1 The Website is provided on an AS IS and AS AVAILABLE basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
8.2 To the extent permitted by law, Beyond Backyards will not be liable for any indirect or consequential loss or damage whatever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of our products.
8.3 No employee or agent of Seller is authorized to make warranties about the products described in this agreement. ORAL OR WRITTEN STATEMENTS BY SELLER’S EMPLOYEES OR AGENTS, INCLUDING VIA EMAIL, DO NOT CONSTITUTE WARRANTIES, shall not be relied upon by Buyer, and are not part of the agreement of sale. The entire agreement of the parties is embodied in this writing and NO OTHER WARRANTIES are given beyond those set forth herein. Buyer hereby acknowledges that it has not entered into this agreement in reliance upon any warranty or representation by any person or entity except for the warranties or representations specifically set forth herein.
8.4 Nothing in these Terms and Conditions shall be construed so as to exclude or limit the liability of Beyond Backyards for death or personal injury as a result of the negligence of Beyond Backyards or that of its employees or agents.
9.1 Title to the merchandise and risk of loss or damage incurred during shipping or thereafter shall pass to Buyer. Seller may ship to Buyer via common carrier, regardless of whether Seller will install or supervise the installment of the product. Products held or stored by Seller for Buyer shall be at the sole risk of Buyer, and Buyer shall be liable for the expense to Seller of holding or storing products at Buyer’s request. Seller will ship best way. Transportation charges will be collected, or if prepaid, will be subsequently charged to Buyer. Unless otherwise indicated, Buyer is responsible for insurance against damage to the material being shipped. Unless otherwise specified, products shall be shipped in standard commercial packaging. If special packaging is required, Buyer will be responsible for additional packaging costs. Shipping dates are best estimates. All products will be scheduled for shipment in accordance with Seller’s applicable shipment schedule and Seller will confirm in writing, and amend as appropriate, the shipment date. Seller reserves the right to make shipments of product in installments and the contract can be severable as to each such installment. Under no circumstance shall Seller be held liable to Buyer for any delay either in shipment or in delivery. Buyer shall give Seller notice within three (3) business days after delivery of any incomplete deliveries.
9.2 Seller will make reasonable efforts to meet any delivery date(s) quoted, however, Seller shall not be liable to Buyer for any delay in shipment. Seller shall have the right to postpone the time for delivery due to unforeseen circumstances or due to a cause beyond its control. Examples of such causes are acts of God, embargoes, accidents, strikes, transportation delays or other causes not within Seller’s control.
You agree to indemnify and hold Beyond Backyards and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against Beyond Backyards arising out of any breach by you of these Terms and Conditions or other liabilities arising out of your use of our products.
If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.
If you breach these Conditions of Use and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Conditions of Use.
13 GOVERNING LAW
The parties acknowledge and agree that any offer and acceptance by the parties shall be a contract made in the United States, State of Texas. All questions pertaining to the validity, construction, execution and performance of this agreement shall be construed and governed in accordance with the domestic laws of the State of Texas, without giving effect to principles of (i) comity of nations or (ii) conflicts of law. If the products purchased hereunder are purchased by a Buyer residing in a country other than the United States, then the parties agree that the United Nations Convention on Contracts for the International Sale of Goods is hereby excluded in its entirety from this agreement.
14 OUR CONTACT DETAILS
Our Office Address:
1694 West Northwest Hwy.
Dallas, Texas 75220
For any further information please email Beyond Backyards Team