Terms and Conditions

TERMS AND CONDITIONS (last updated November 5, 2024)

These Terms and Conditions (“Terms”) govern all use of the www.backyard-bbq.com website (the “Website”) operated by Dana Hirschberg ( “Backyard BBQ”, “us”, “we”, or “our”). Your access to and use of the Website is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Website. By accessing or using the Website you agree to be bound by these Terms, and affirm that you are of legal age to enter into such agreement. If you disagree with any part of the terms then you do not have permission to access the Website. These Terms are effective as of the “Last updated” date set forth above. Your continued use of this Website will constitute your acceptance of and agreement to any changes made prior to the “Last updated” date set forth above.

Purchases: You agree that any order placed by you through the Website is an offer to buy, under these Terms, any products listed in your order. All orders must be accepted by us or we will not be obligated to sell the products to you. If you wish to purchase any product made available through the Website (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete. Terms of payment are within our sole discretion and payment must be received by us before our acceptance of an order.  As used herein, “business day” means a weekday, Monday through Friday, excluding holidays recognized by the United States of America or the State of California. The Website may employ the use of third party websites for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy. We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product availability, errors in the description or price of the product, error in your order or other reasons. We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

Resale: You represent and warrant that, unless you have entered into a separate Retailer and Dealer Agreement with Backyard BBQ, you are buying products from the Website for your own personal or household use only, and not for resale or export.

Returns: You may return most new, unopened items within 30 days of delivery for a full refund. We will also pay the return shipping costs if the return is a result of our error (you received an incorrect or defective item, etc.).  You should expect to receive your refund within four weeks of giving your package to the return shipper; however, in many cases you will receive a refund more quickly. This time period includes the transit time for us to receive your return from the shipper (5 to 10 business days), the time it takes us to process your return once we receive it (3 to 5 business days), and the time it takes your bank to process our refund request (5 to 10 business days).  If you need to return an item, please contact us with your order number and details about the product you would like to return. We will respond quickly with instructions for how to return items from your order.

Shipping: We cannot and do not guarantee shipping times as they are only a guideline, but we do our best to get you what you want when you need it!  Options for shipping include:

• Rubs: Ships USPS Ground Advantage (Arrives to your location within 2-5 business days)
• Merchandise: Ships DHL (Arrives to your location within 6-9 business days)
• Amazon: Ships “Unknown” (Arrives to your location based your Amazon plan)

Delivery times reflected in the three options above are estimates only, and cannot be guaranteed. We are not liable for any delays in shipments.  All merchandise items are custom made on demand and drop shipped by the company Printful and subject to their shipping standards here: https://www.printful.com/shipping. All Amazon items are affiliate links only meaning we do not own, control, sell or ship those items. See Amazon’s website for more information on their shipping standards: https://www.amazon.com/shipping.

We also can ship to virtually any address in the United States. Note that there are restrictions on some products, and some products cannot be shipped to all destinations.  When you place an order, we will estimate shipping and delivery dates for you based on the availability of your items and the shipping options you choose. Depending on the shipping provider you choose, shipping date estimates may appear on the shipping quotes page. Please note that the shipping rates for many items we sell are weight-based. The weight of any such item can be found on its detail page. To reflect the policies of the shipping companies we use, all weights will be rounded up to the next full pound. Title and risk of loss pass to you upon delivery.

Availability, Errors and Inaccuracies: We constantly are updating product information and service offerings on the Website. We may experience delays in updating information on the Website and in our advertising on other websites. The information found on the Website may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Website and we cannot guarantee the accuracy or completeness of any information found on the Website. We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice. We further reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.

Contests, Sweepstakes and Promotions: Any contests, sweepstakes or other promotions (collectively, “Promotions”) made available through the Website may be governed by rules that are separate from these Terms. If you participate in any Promotion, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms, the rules for the Promotion shall apply.

Accounts: When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete and current at all times and in all respects. Inaccurate, incomplete or obsolete information may result in the immediate termination of your account on the Website. You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Website or a third-party website. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

Intellectual Property: The Website and its original content, features and functionality are and will remain the exclusive property of Backyard BBQ and its licensors. The Website is protected by copyright, trademark, and other laws of the United States. Our trademarks and tradenames may not be used in connection with any product or website without the prior express written consent of Backyard BBQ.

Links To Other Websites: Our Website may contain links to third party websites or websites that are not owned or controlled by Backyard BBQ. Backyard BBQ has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party websites. We do not warrant the offerings of any of these entities/individuals or their websites. You acknowledge and agree that Backyard BBQ shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or websites available on or through any such third party web sites. We strongly advise you to read the terms and conditions and privacy policies of any third party website that you visit.

Termination: We may terminate or suspend your account and bar access to the Website immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms. If you wish to terminate your account, you may simply discontinue using the Website. All provisions of the Terms which by their nature survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Indemnification: You agree to defend, indemnify and hold harmless Backyard BBQ, its licensee and licensors, and its officers, directors, employees, partners, agents, representatives, contractors, suppliers or affiliates, from and against any and all claims, damages, obligations, losses, liabilities, costs or debts, and expenses (including but not limited to attorneys’ fees), resulting from or arising out of, directly or indirectly, a) your use and access of the Website, by you or any person using your account and password, or b) a breach of these Terms.

Limitation Of Liability: In no event shall Backyard BBQ, nor any of its officers, directors, employees, partners, agents, representatives, contractors, suppliers or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use or goodwill, or any other intangible losses, resulting from (i) your access to or use of or inability to access or use the Website; (ii) any conduct or content of any third party on the Website; (iii) any content obtained from the Website; (iv) unauthorized access, use or alteration of your transmissions or content, or (v) any breach of the Terms by Backyard BBQ, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have knowledge of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.  In addition, neither Backyard BBQ nor any of its officers, directors, employees, partners, agents, representatives, contractors, suppliers or affiliates shall be liable for any delay in shipping any Products or failure of any Product to perform for the purpose for which it is purchased. The limitation of liability set forth above shall apply only to the extent permitted by law.

Disclaimer: Your use of the Website is at your sole risk. The Website is provided on an “AS IS” and “AS AVAILABLE” basis. The Website is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance. Backyard BBQ its subsidiaries, affiliates, and its licensors do not warrant that a) the Website will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Website is free of viruses or other harmful components; or d) the results of using the Website will meet your requirements. Some jurisdictions limit or do not allow the disclaimer of implied or other warranties, so the above disclaimer may not apply to you.

Governing Law:  These Terms shall be governed and construed in accordance with the laws of the State of California, without regard to conflict of law provisions. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this Website or the purchase of Backyard BBQ products shall lie exclusively in the state or federal courts located in Sacramento County, California, and by your use of the Website or purchase of any Products, you expressly consent and agree to such jurisdiction.  Point of sale of for all Purchases shall be Sacramento, California.  Any failure to enforce any right or provision of these Terms shall not be construed as a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of these Terms shall remain in full force and effect.

Miscellaneous:  These Terms constitute the entire agreement between us regarding the Website and the use thereof, and supersede and replace any prior agreements regarding the Website. We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days advance notice prior to any new terms taking effect. What constitutes a material change will be determined in our sole discretion. By continuing to access or use our Website after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Website.

Force Majeure: We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, order or instruction, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, pandemic, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

No Waiver: The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Backyard BBQ.

No Third-Party Beneficiaries: These Terms do not, and are not intended to, confer any rights or remedies upon any person other than you.

Severability: If any provision of these Terms is determined to be invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.

Privacy Policy:  Our Privacy Policy governs the processing of all personal data collected from you in connection with your purchase of products through the Website. Here is a link to our Privacy Policy:  Backyard BBQ Privacy Policy

Contact:  If you have any questions about these Terms, please contact us at Contact Backyard BBQ