Terms of Service | Backyard BBQ

BACKYARD COMMERCE, LLC

backyardbbq.com

TERMS OF SERVICE

Effective Date: April 7, 2026

PLEASE READ THESE TERMS OF SERVICE CAREFULLY. By accessing or using backyardbbq.com (the "Site") or placing an order, you agree to be bound by these Terms of Service ("Terms"). If you do not agree, do not use the Site or place an order.

1. Agreement and Parties

These Terms of Service constitute a legally binding agreement between you ("Customer," "you," or "your") and Backyard Commerce, LLC, a Delaware limited liability company ("Company," "we," "us," or "our"), operating the e-commerce website backyardbbq.com (the "Site").

Company Information: Backyard Commerce, LLC is incorporated under the laws of the State of Delaware. All operations, customer service, and fulfillment are managed by the Company.

Governing Law: These Terms are governed by the laws of the State of Delaware, without regard to its conflict of law provisions.

These Terms apply to all visitors, registered users, and customers of the Site. Use of the Site, creation of an account, or completion of a purchase constitutes your acceptance of these Terms in full.

2. About Our Business

Backyard Commerce, LLC operates backyardbbq.com as a premium e-commerce retailer specializing in high-end outdoor cooking equipment, built-in grills, outdoor kitchen appliances, smokers, and related backyard lifestyle products. We are an authorized reseller of premium..

We act as a reseller of products manufactured by third parties. We are not the manufacturer of the products sold on the Site. Manufacturer warranties apply to products as described in Section 10 of these Terms.

3. Eligibility and User Accounts

3.1 Eligibility

By using the Site or placing an order, you represent and warrant that:

• You are at least 18 years of age;

• You have the legal capacity to enter into a binding contract;

• You are not located in a jurisdiction where purchasing our products is prohibited; and

• All information you provide to us is accurate, current, and complete.

3.2 Account Registration

You may browse the Site without creating an account. To purchase products or access certain features, you may be required to register for an account. You agree to:

• Provide accurate and complete registration information;

• Maintain and promptly update your account information;

• Keep your login credentials confidential; and

• Notify us immediately of any unauthorized access to your account at support@backyardbbq.com.

3.3 Account Termination

We reserve the right to suspend or terminate your account at our sole discretion, including for violation of these Terms, fraudulent activity, or abuse of our services. You may close your account at any time by contacting us. Termination does not relieve you of obligations arising from prior purchases.

4. Products, Pricing, and Availability

4.1 Product Descriptions

We strive to provide accurate product descriptions, images, specifications, and pricing on the Site. However, we do not warrant that product descriptions or other content are completely accurate, current, or free from errors. Product images are for illustrative purposes and may not precisely represent the final product, finish, or configuration.

In the event that a product is listed at an incorrect price or with incorrect information due to a typographical error or system error, we reserve the right to cancel any order placed for such product, even after an order confirmation has been issued, and to refund any amounts charged.

4.2 Pricing

All prices are listed in U.S. dollars and are subject to change without notice. Prices do not include applicable taxes, shipping, or delivery fees unless expressly stated. We reserve the right to modify prices at any time prior to order confirmation.

We are not obligated to honor any promotional price, discount code, or sale price that has expired, is inapplicable to the item in question, or was issued in error.

4.3 Product Availability

All product orders are subject to availability. We reserve the right to limit quantities of any product, discontinue any product, or refuse service to any customer at our sole discretion. In the event a product becomes unavailable after your order is placed, we will notify you promptly and offer a substitution, backorder option, or full refund.

4.4 Custom and Special Orders

Certain products may be available as custom-configured, special-order, or built-to-order items. Special order products may be subject to extended lead times, non-cancellation policies, and non-refundable deposits. All special order terms will be disclosed prior to order confirmation. By placing a special order, you acknowledge and accept those additional terms.

5. Ordering and Payment

5.1 Order Placement

By submitting an order through the Site, you are making an offer to purchase the selected products at the stated price, subject to these Terms. An order confirmation sent to your email does not constitute acceptance of your order. A binding contract for the sale of products is formed only upon our written confirmation of shipment or, for in-stock items, upon our acceptance of the order.

We reserve the right to refuse or cancel any order at any time for reasons including but not limited to: product unavailability, pricing errors, suspected fraud, or failure to meet eligibility requirements.

5.2 Payment Methods

We accept major credit cards (Visa, Mastercard, American Express, Discover), and other payment methods as displayed at checkout. By providing payment information, you represent and warrant that:

• You are authorized to use the payment method provided;

• The payment information is accurate and complete; and

• You authorize us to charge the total order amount, including applicable taxes and fees.

5.3 Payment Authorization and Fraud Prevention

All transactions are subject to authorization and fraud screening. We may request additional verification information before processing certain orders. We reserve the right to cancel orders that fail fraud screening or where the provided information cannot be verified. We will not be liable for any delays in order processing resulting from fraud prevention procedures.

5.4 Sales Tax

We are required by law to collect applicable sales tax on orders shipped to certain states. Sales tax will be calculated and displayed at checkout based on the shipping destination and applicable state and local tax rates. You are solely responsible for any additional taxes, duties, or levies that may apply under the laws of your jurisdiction.

5.5 Financing and Payment Plans

We may offer third-party financing options at checkout. Any financing arrangement is solely between you and the financing provider. We are not a party to any financing agreement and have no liability for disputes arising from such arrangements. Financing terms, interest rates, and eligibility requirements are determined exclusively by the financing provider.

6. Shipping and Delivery

6.1 Shipping Methods and Costs

We ship throughout the contiguous United States. Shipping to Alaska, Hawaii, U.S. territories, and international destinations may be available on a case-by-case basis and may be subject to additional fees. Shipping costs are calculated at checkout based on the delivery destination, package dimensions, and selected shipping method.

Due to the size and weight of many of our products, oversized items may require freight or white-glove delivery services. Applicable freight charges will be disclosed prior to checkout completion.

6.2 Estimated Delivery Times

Estimated delivery times are provided as a courtesy and are not guaranteed. Delivery timelines may be affected by:

• Product availability and warehouse processing time;

• Carrier delays, weather events, or force majeure conditions;

• Delivery address accessibility or special delivery requirements;

• Customs processing (for international shipments); and

• High-volume or peak-season shipping periods.

We are not liable for any loss, damage, or consequential costs arising from shipping delays beyond our reasonable control.

6.3 Risk of Loss and Title

Title to products and risk of loss passes to you upon delivery to the carrier or freight forwarder at our shipping facility. If a product is damaged, lost, or stolen in transit, please contact the carrier directly to file a claim. We strongly recommend purchasing shipping protection at checkout to cover loss, damage, or theft during transit.

6.4 Delivery Inspection

Upon delivery of any product, you are responsible for inspecting the packaging and product for damage or defects. If freight or white-glove delivery is used, you must note any visible damage on the carrier's delivery receipt before signing. Failure to note damage at the time of delivery may limit your ability to file a claim. You agree to notify us within 48 hours of delivery of any damage, shortage, or discrepancy at support@backyardbbq.com.

6.5 White Glove Delivery

For qualifying orders, white-glove delivery services may be available, which may include inside delivery, unpacking, assembly, and debris removal. White-glove services are performed by third-party delivery providers. Additional fees apply. White-glove service availability and scope will be disclosed at checkout.

7. Returns, Cancellations, and Refunds

7.1 Return Eligibility

We accept returns of eligible products within 30 days of the delivery date, subject to the following conditions:

• The product must be in its original, unused, and uninstalled condition;

• The product must be returned in its original packaging with all accessories, manuals, and components;

• A Return Merchandise Authorization (RMA) number must be obtained from us prior to shipping any return; and

• Products that have been installed, used, modified, or damaged by the customer are not eligible for return.

7.2 Non-Returnable Items

The following items are non-returnable and non-refundable:

• Custom-configured or special-order products;

• Products explicitly marked as final sale or non-returnable at the time of purchase;

• Open-box, clearance, or floor model products unless sold with a specific return guarantee;

• Products that have been installed, assembled, or built into an outdoor kitchen; and

• Extended warranty or protection plan purchases.

7.3 Return Process

To initiate a return, contact us at support@backyardbbq.com with your order number and reason for return. We will issue an RMA number and return shipping instructions. Returns shipped without an RMA number will not be accepted and may be returned to sender at your expense.

You are responsible for return shipping costs unless the return is due to our error, a product defect, or damage incurred during original shipment. We recommend using a trackable shipping service and purchasing shipping insurance for high-value returns. We are not responsible for returns lost or damaged in transit.

7.4 Refunds

Upon receipt and inspection of a qualifying return, we will process your refund within 7-10 business days. Refunds will be issued to the original payment method. Original shipping charges are non-refundable unless the return is due to our error or a product defect. We reserve the right to assess a restocking fee of up to 15% for returns that are not due to our error or a product defect.

7.5 Order Cancellations

Orders may be cancelled without penalty before they have been shipped or, in the case of special orders, before production has commenced. To cancel an order, contact us immediately at support@backyardbbq.com or by phone. Once an order has shipped, the return policy in Section 7.1 applies. Special orders that have entered production cannot be cancelled and deposits are non-refundable.

7.6 Damaged or Defective Products

If you receive a damaged or defective product, please contact us within 48 hours of delivery at support@backyardbbq.com with photographic evidence of the damage or defect and your order number. We will arrange for a replacement, repair, or refund at our discretion, in accordance with the applicable manufacturer warranty. Do not dispose of damaged packaging or products before contacting us, as this may be required for carrier claims.

8. Purchase Protection Plans

8.1 Optional Protection Plans

At checkout, we may offer optional purchase protection plans, including shipping protection and extended warranty plans, through third-party insurance and warranty providers. These plans are offered as a convenience to our customers and are subject to the terms and conditions of the issuing provider.

8.2 Shipping Protection

Shipping protection coverage, where available, covers loss, theft, and damage to products while in transit. Claims under shipping protection plans must be filed directly with the protection plan provider in accordance with their claims procedures. We are not a party to the protection plan contract and do not administer claims.

8.3 Extended Warranty Plans

Extended warranty plans supplement and extend beyond the manufacturer's warranty, providing additional coverage for mechanical and electrical failures, and may include accidental damage coverage depending on the plan selected. All extended warranty plan terms, coverage limits, exclusions, and claims procedures are governed exclusively by the issuing warranty provider.

8.4 Disclaimer

We make no representations or warranties regarding the coverage, claims handling, or performance of any third-party protection plan provider. Your sole recourse for disputes relating to protection plan coverage is directly with the plan provider.

9. Intellectual Property

9.1 Our Intellectual Property

All content on the Site, including but not limited to text, graphics, logos, images, product photographs, audio, video, software, page layouts, and design (collectively, the "Content"), is owned by or licensed to Backyard Commerce, LLC and is protected by applicable U.S. and international copyright, trademark, and other intellectual property laws.

The Backyard Commerce name, backyardbbq.com, and related logos and marks are trademarks of Backyard Commerce, LLC. All other product names, brand names, trademarks, and logos displayed on the Site are the property of their respective owners.

9.2 Limited License

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Site solely for personal, non-commercial purposes. You may not:

• Reproduce, distribute, modify, or create derivative works of any Content without our prior written consent;

• Use any Content for commercial purposes without a separate written license;

• Remove or alter any copyright, trademark, or other proprietary notices; or

• Use any automated means to scrape, crawl, or index the Site or its Content.

9.3 User-Submitted Content

If you submit reviews, comments, photos, or other content to the Site, you grant us a perpetual, royalty-free, worldwide, non-exclusive license to use, reproduce, modify, adapt, publish, translate, distribute, and display such content in connection with our business and marketing activities. You represent that you own or have the necessary rights to submit such content and that it does not infringe any third-party rights.

10. Warranties

10.1 Manufacturer Warranties

Products sold on the Site are covered by the respective manufacturer's warranty, where applicable. Manufacturer warranties vary by brand, product category, and model. It is your responsibility to review the manufacturer's warranty documentation provided with your product. We will assist you in initiating warranty claims with manufacturers to the extent reasonably practicable.

As an authorized reseller, we pass through all available manufacturer warranties to our customers. However, we are not the manufacturer and do not administer manufacturer warranty claims directly.

10.2 Disclaimer of Implied Warranties

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND ALL PRODUCTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. BACKYARD COMMERCE, LLC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE MAKE NO WARRANTY THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. NOTE THAT SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

10.3 Product Use and Installation

Many products sold on the Site are intended for professional installation. We strongly recommend that all built-in grills, outdoor kitchen appliances, and gas-connected equipment be installed by a licensed contractor or qualified professional in accordance with applicable building codes and manufacturer installation instructions. We are not responsible for any damage, injury, or loss resulting from improper installation or use of products in violation of applicable codes, manufacturer guidelines, or safety standards.

11. Limitation of Liability

11.1 Limitation

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BACKYARD COMMERCE, LLC, ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH:

• YOUR USE OF OR INABILITY TO USE THE SITE OR ANY PRODUCTS;

• ANY ERRORS, INACCURACIES, OR OMISSIONS IN ANY SITE CONTENT;

• ANY DELAY OR INTERRUPTION IN DELIVERY OR SERVICES;

• ANY PRODUCTS PURCHASED THROUGH THE SITE; OR

• ANY OTHER MATTER ARISING FROM THESE TERMS,

EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

11.2 Cap on Liability

IN NO EVENT SHALL OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SITE AND PRODUCTS EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT PAID BY YOU FOR THE SPECIFIC PRODUCT OR SERVICE GIVING RISE TO THE CLAIM IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM; OR (B) ONE HUNDRED U.S. DOLLARS ($100.00).

11.3 Essential Basis

You acknowledge that the limitations of liability in this Section reflect a reasonable allocation of risk and are an essential element of the basis of the bargain between you and us. We would not enter into these Terms without such limitations.

12. Indemnification

You agree to defend, indemnify, and hold harmless Backyard Commerce, LLC, its members, managers, officers, employees, agents, and successors from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:

• Your use of the Site or any products purchased;

• Your violation of these Terms;

• Your violation of any applicable law or regulation;

• Your infringement of any third-party rights; or

• Any content you submit, post, or transmit through the Site.

We reserve the right, at our own expense, to assume exclusive control of any matter subject to indemnification by you, in which case you agree to cooperate with our defense of such claim.

13. Dispute Resolution

13.1 Informal Resolution

Before initiating any formal dispute proceeding, you agree to first contact us at support@backyardbbq.com and provide a written description of the dispute, the relief sought, and your contact information. We will attempt to resolve the dispute informally within 30 days of receipt. Either party may proceed to formal dispute resolution if the dispute is not resolved within that time.

13.2 Binding Arbitration

EXCEPT FOR CLAIMS THAT MAY PROPERLY BE BROUGHT IN A SMALL CLAIMS COURT, ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS OR THE USE OF THE SITE OR PURCHASE OF PRODUCTS (COLLECTIVELY, "DISPUTES") SHALL BE RESOLVED BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION ("AAA") UNDER ITS CONSUMER ARBITRATION RULES, RATHER THAN IN COURT.

Arbitration proceedings shall be conducted in Wilmington, Delaware, or, at your election for claims under $10,000, by telephone or written submission. The arbitrator’s decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. You and we agree that each party may only bring claims against the other in an individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding.

13.3 Governing Law and Venue

These Terms and any disputes arising hereunder shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions. For any claims not subject to arbitration, you consent to the exclusive jurisdiction of the state and federal courts located in New Castle County, Delaware.

13.4 Waiver of Class Actions

YOU AND BACKYARD COMMERCE, LLC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and we agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.

14. Privacy and Data

Our collection, use, and protection of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference and available at backyardbbq.com/privacy-policy. By using the Site, you consent to the data practices described in the Privacy Policy.

We use industry-standard security measures to protect your personal and payment information. However, no method of transmission over the Internet or method of electronic storage is 100% secure, and we cannot guarantee absolute security.

We do not sell your personal information to third parties. We may share information with service providers, shipping carriers, payment processors, and warranty providers as necessary to fulfill your orders and provide our services, subject to appropriate confidentiality obligations.

15. Prohibited Conduct

You agree not to use the Site or our services to:

• Engage in any unlawful, fraudulent, or deceptive activity;

• Violate any applicable local, state, national, or international law or regulation;

• Transmit any unsolicited commercial communications or spam;

• Impersonate any person or entity or misrepresent your affiliation with any person or entity;

• Attempt to gain unauthorized access to any portion of the Site or any other systems or networks connected to the Site;

• Introduce viruses, malware, or other malicious code to the Site;

• Interfere with or disrupt the integrity or performance of the Site;

• Use the Site to harvest or collect personally identifiable information of other users;

• Engage in any conduct that restricts or inhibits any other user from using the Site; or

• Use automated bots, scrapers, or similar tools to access, monitor, or copy the Site.

16. Third-Party Links and Services

The Site may contain links to third-party websites, including manufacturer sites, financing providers, warranty administrators, and other partners. These links are provided for convenience only. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services.

The inclusion of any link on the Site does not imply our endorsement of the linked website or service. You access third-party websites at your own risk and subject to the terms and conditions of those websites.

17. Modifications to These Terms

We reserve the right to modify these Terms at any time at our sole discretion. When we make material changes, we will update the "Effective Date" at the top of this document and may notify registered account holders by email or by posting a notice on the Site.

Your continued use of the Site or placement of any order after the effective date of modified Terms constitutes your acceptance of the updated Terms. If you do not agree to the modified Terms, you must stop using the Site.

18. Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemics, government actions, labor disputes, supply chain disruptions, carrier failures, war, terrorism, or internet service interruptions. In such events, we will make commercially reasonable efforts to notify you and resume performance as soon as practicable.

19. Severability, Waiver, and Entire Agreement

If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall continue in full force and effect.

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. Any waiver must be in writing and signed by an authorized representative of Backyard Commerce, LLC.

These Terms, together with our Privacy Policy and any additional terms applicable to specific products or services, constitute the entire agreement between you and Backyard Commerce, LLC with respect to the subject matter hereof and supersede all prior and contemporaneous understandings, agreements, representations, and warranties.

20. Contact Information

If you have questions, concerns, or disputes regarding these Terms or our services, please contact us at:

Backyard Commerce, LLC

Operating as: backyardbbq.com

Entity: Delaware Limited Liability Company

Email: support@backyardbbq.com

Website: www.backyardbbq.com

This document is intended for informational and operational use. It is not a substitute for legal advice. Backyard Commerce, LLC recommends review by qualified legal counsel before publishing these Terms on backyardbbq.com.