Legal Website Terms and Conditions | Customer Terms and Conditions
Backyard Leisure Holdings maintains this site (the "Site") for your personal entertainment, information, education, and communication. Please feel free to browse the Site. You may download material displayed on the Site for non-commercial, personal use only provided you also retain all copyright and other proprietary notices contained on the materials. You may not, however, distribute, modify, transmit, reuse, re post, or use the content of the Site for public or commercial purposes, including the text, images, audio, and video without Backyard Leisure Holdings' written permission. Your access to and use of the Site is also subject to the following terms and conditions ("Terms and Conditions") and all applicable laws. By accessing and browsing the Site, you accept, without limitation or qualification, the Terms and Conditions and acknowledge that any other agreements between you and Backyard Leisure Holdings are superseded and of no force or effect.
Website Terms and Conditions Download a PDF
- You should assume that everything you see or read on the Site is copyrighted unless otherwise noted and may not be used except as provided in these Terms and Conditions or in the text on the Site without the written permission of Backyard Leisure Holdings. Backyard Leisure Holdings neither warrants nor represents that your use of materials displayed on the Site will not infringe rights of third parties not owned by or affiliated with Backyard Leisure Holdings.
- While Backyard Leisure Holdings uses reasonable efforts to include accurate and up to date information in the Site, Backyard Leisure Holdings makes no warranties or representations as to its accuracy. Backyard Leisure Holdings assumes no liability or responsibility for any errors or omissions in the content of the Site.
- Your use of and browsing in the Site are at your risk. Neither Backyard Leisure Holdings nor any other party involved in creating, producing, or delivering the Site is liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, the Site. Without limiting the foregoing, everything on the Site is provided to you "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties. Backyard Leisure Holdings also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, data, text, images, video, or audio from the Site.
- Any communication or material you transmit to the Site by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, nonconfidential and non-proprietary. Anything you transmit or post may be used by Backyard Leisure Holdings or its affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, Backyard Leisure Holdings is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information.
- Images of people or places displayed on the Site are either the property of, or used with permission by, Backyard Leisure Holdings. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms and Conditions or specific permission provided elsewhere on the Site. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
- The trademarks, logos, and service marks (collectively the "Trademarks") displayed on the Site, including [insert names of trademarks] are registered and unregistered Trademarks of Backyard Leisure Holdings and others. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of Backyard Leisure Holdings or such third party that may own the Trademarks displayed on the Site. Your misuse of the Trademarks displayed on the Site, or any other content on the Site, except as provided in these Terms and Conditions, is strictly prohibited. You are also advised that Backyard Leisure Holdings will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.
- Backyard Leisure Holdings has not reviewed all of the sites linked to the Site and is not responsible for the content of any off-site pages or any other sites linked to the Site. Your linking to any other off-site pages or other sites is at your own risk.
- Although Backyard Leisure Holdings may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards, and the like on the Site, Backyard Leisure Holdings is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such locations on the Site. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. Backyard Leisure Holdings will fully cooperate with any law enforcement authorities or court order requesting or directing Backyard Leisure Holdings to disclose the identity of anyone posting any such information or materials.
- Software from this Site is further subject to United States Export Controls. No software from this Site may be downloaded or exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the United States has embargoed goods; or (ii) anyone on the United States Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
- Backyard Leisure Holdings may at any time revise these Terms and Conditions by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms and Conditions to which you are bound.
Purchase Terms and Conditions
Thank you for buying products from Backyard Leisure!
We appreciate the chance to have your business and want you to be completely satisfied. To that end, many of your questions can be answered or resolved very quickly by checking out the installation manual, looking on the website, or talking with our Customer Service folks. It is rarely necessary to return a product since we can resolve nearly anything and will work to do so promptly and to your satisfaction.
However, in the unlikely event you need to return a product and so you won’t be disappointed or surprised by our policies, please read the policies below BEFORE you buy from us. Because most of our products are very heavy and large, it costs quite a bit of money to ship and handle them so returns can be very costly.
Shipping and Handling:
If you are buying a playset, large accessory, or other large/heavy product, it will ship via common carrier because of the weight and size of the boxes. The charge will be calculated to the Shipping Address you use with the assumption that it is a residence and that a lift gate is required on the delivery truck. The delivery we plan for is "Curb Side" only which means the driver is NOT responsible for moving the boxes anywhere other than off the truck. The driver MAY REQUIRE ASSISTANCE unloading.
If you are buying an accessory and it can ship via package express (i.e. FedEx), then it will be calculated that way.
Of course, in both cases the shipping charges are based on the weight, size, and how fast you want your item.
Receipt of Products:
You are responsible for checking the shipment and if necessary, either refusing it or noting damage upon receipt. If you do not do this, neither the carrier nor Backyard Leisure will be responsible for any damages or charges associated with replacement of parts damaged in shipping that you accepted.
DO NOT DISPOSE OF THE BOX OR ANY PACKAGING MATERIALS UNTIL YOU HAVE INSPECTED YOUR ORDER AND ARE SATISFIED WITH THE PRODUCT YOU HAVE RECEIVED. ANY RETURNS MUST BE IN THE ORIGINAL PACKAGING.
Cancellations:
If you cancel your order prior to it shipping, we will cancel the transaction and no fees or charges will apply.
If you wish to cancel after your order ships but before you receive it, you must refuse the shipment upon delivery. Your refund will be based upon our policies stated below.
Once you receive your order, returns are processed under our policies stated below.
Returns and Refunds:
If you are dissatisfied with a product that you bought from our website (www.by-leisure.com) and wish to return it for any reason other than a shipping error, defect or damage, call us toll-free at
Return and Refund Specifics:
- We will only accept a return if you contact us within 30 days of receipt of your product.
- You are responsible for any and all shipping charges associated with returning an item.
- You are responsible for returning the product(s) to the facility we designate.
- All returned products MUST be returned in like-new condition in original packaging. If you bought a playset, then the pieces MUST be dis-assembled and re-boxed securely in original packaging. If we receive products back that are damaged because of inadequate packing or partial assembly, your refund may at our sole discretion be reduced by the restocking fee AND an amount equal to the parts we need to replace to make the set like new again.
- We charge a 15% restocking fee for all returned products. As you can imagine, this is because it takes significant effort to prepare a returned playset for re-sale and of course, the returned set cannot be sold as new so we have to sell it at a discount.
- Refunds will be made by crediting the original method of payment (i.e., credit card, etc.).
- We will not accept returns for our products that you bought elsewhere. Backyard Leisure sells our products through mass merchandise retailers such as Wal-Mart and Sam's Club as well as directly to consumers from this website. This return and refund policy does NOT apply to any products you purchased from any retailer other than from us directly even if it is one of our products. If you purchased your product from any other retailer other than us directly, then please check the return and refund policies of the retailer from whom you purchased the product.
Refund Amounts:
Unless you cancel prior to your product shipping, the amount of your refund will be the result of the original invoice amount minus shipping charges (outbound plus if any, inbound) minus the restocking fee minus the price of any damaged parts that we have to replace. Your refund will be issued after the product arrives at the facility we designate and we inspect the product for any damage.
Replacement Parts:
Sometimes parts are damaged during shipping or missing from a kit box. Don't worry! We'll get you the right part quickly so your playset assembly won't be held up any longer than necessary. Please click here to send us information about you and the parts you need. To speed our response, please tell us which playset you have, when you bought it, and the part numbers of the parts you need. Don't forget your shipping address.
We ship replacement parts via UPS Ground or UPS Freight, depending on size and weight. If you want your parts faster, you can select faster shipping though we charge for the difference between ground and your shipment method of choice.
Warranty:
Each product's instruction manual contains the specific warranty as it applies to that product.
Copyright © 2008 Backyard Leisure Holdings. All rights reserved.
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