Terms of service

TERMS OF SERVICE

Effective Date: August 24, 2026

1. INTRODUCTION

Welcome to Backyard Wellness Living, LLC (“Company,” “we,” “us,” or “our”). These Terms of Service (“Terms”) govern your access to and use of backyardwellnessliving.com (the “Website”), including any purchases, products, services, features, or content made available through the Website.

By accessing the Website or purchasing from us, you agree to these Terms. If you do not agree, please do not use the Website or purchase our products.

2. ELIGIBILITY

By using this Website, you represent that you are at least the age of majority in your state or jurisdiction of residence and have the legal capacity to enter into these Terms.

3. PRODUCTS AND PRODUCT INFORMATION

We make reasonable efforts to display product descriptions, photographs, specifications, dimensions, colors, pricing, and other information accurately. However, actual products may vary slightly from photographs or descriptions due to manufacturing changes, monitor settings, natural material variations, supplier updates, or other factors.

Product specifications, features, availability, and pricing may change without notice.

Certain products offered by Backyard Wellness Living, LLC may be manufactured, fulfilled, shipped, or delivered directly by third-party manufacturers, distributors, or suppliers.

4. PRICING AND PAYMENT

All prices are displayed in U.S. dollars unless otherwise indicated.

We reserve the right to correct pricing, typographical, description, or other errors at any time, including after an order has been submitted.

If an incorrect price or material product error is discovered after an order is placed, we may contact you for instructions or cancel the affected order and issue a refund for amounts paid.

Payment must be successfully authorized before an order is processed.

Available payment methods may vary and are displayed during checkout.

5. ORDER ACCEPTANCE

Submitting an order does not necessarily constitute our final acceptance of the order.

We reserve the right to accept, decline, limit, or cancel an order for legitimate business reasons, including:

• Product unavailability
• Supplier or manufacturer availability
• Pricing or product-information errors
• Suspected fraud or unauthorized transactions
• Shipping or delivery restrictions
• Inability to verify payment or customer information

If we cancel an order after payment has been collected, we will refund the applicable amount paid.

6. ORDER CHANGES AND CANCELLATIONS

Because many of our products are high-value, oversized, special-order, made-to-order, or fulfilled directly by manufacturers or suppliers, order changes and cancellations may be limited once processing has begun.

Customers should contact us as soon as possible after placing an order if a change or cancellation is needed.

An order cannot be guaranteed to be changed or canceled after it has entered processing, production, fulfillment, or shipment.

Manufacturer restocking, cancellation, return-shipping, or other applicable fees may apply where permitted and will be disclosed when applicable.

7. SHIPPING AND DELIVERY

Shipping and delivery times shown on the Website or communicated to customers are estimates unless expressly stated otherwise.

Delivery may be affected by circumstances outside our reasonable control, including:

• Manufacturer or supplier delays
• Freight-carrier delays
• Weather
• Supply-chain disruptions
• Product availability
• Transportation disruptions
• Incorrect or incomplete delivery information
• Events beyond our reasonable control

Some products may be shipped directly from manufacturers, distributors, or other third-party fulfillment partners.

Large or oversized products may be delivered by freight carrier and may require the customer to be available to receive and inspect the shipment.

Customers are responsible for providing complete and accurate delivery information and for ensuring that the delivery location is reasonably accessible for the applicable shipment.

Please refer to our Shipping Policy for additional shipping and delivery information.

8. FREIGHT DELIVERIES AND DAMAGE INSPECTION

For freight, oversized, or large-item deliveries, customers should inspect the shipment promptly upon delivery.

If packaging or merchandise shows visible damage, the customer should note the damage on the carrier's delivery documentation before accepting the shipment whenever reasonably possible and take photographs of the packaging and product.

Customers should notify Backyard Wellness Living, LLC promptly of shipping damage so that we can assist with the applicable carrier, manufacturer, or supplier claim process.

Customers should retain packaging and damaged merchandise until instructed otherwise, as the carrier or supplier may require inspection.

9. RISK OF LOSS

Risk of loss and title for purchased products transfer in accordance with applicable law and the applicable shipping or delivery terms.

Nothing in these Terms is intended to waive or limit any rights that cannot legally be waived under applicable consumer-protection law.

10. RETURNS, REFUNDS, AND EXCHANGES

Returns, refunds, exchanges, cancellations, damaged-item claims, and related requirements are governed by our Return and Refund Policy, which is incorporated into these Terms by reference.

Certain products may be non-returnable or subject to manufacturer-specific return requirements, restocking fees, return freight charges, or cancellation restrictions.

Customers should review the Return and Refund Policy before completing a purchase.

11. INSTALLATION, ASSEMBLY, SITE PREPARATION, AND PERMITS

Unless expressly stated otherwise in writing, products sold by Backyard Wellness Living, LLC do not include installation, assembly, site preparation, electrical work, plumbing work, foundations, permitting, engineering, zoning approval, or contractor services.

Customers are responsible for determining whether installation, building permits, zoning approval, engineering approval, utility work, homeowner-association approval, or professional contractors are required for a product.

Customers are responsible for complying with applicable local, state, and federal laws, building codes, zoning requirements, permit requirements, and property restrictions.

We recommend using appropriately qualified and licensed professionals where required.

12. MANUFACTURER WARRANTIES

Certain products may include warranties provided by their respective manufacturers.

Unless expressly stated otherwise in writing, Backyard Wellness Living, LLC does not provide a separate manufacturer warranty and does not modify or expand a manufacturer's warranty.

Warranty eligibility, coverage, exclusions, duration, and claims procedures are determined by the applicable manufacturer.

We may assist customers with locating applicable manufacturer warranty information when available.

13. WEBSITE ACCURACY AND AVAILABILITY

We attempt to keep Website information current and accurate but do not guarantee that all information will always be complete, current, or error-free.

We may update, modify, discontinue, or correct Website content, products, prices, specifications, or services without prior notice, subject to applicable law.

14. INTELLECTUAL PROPERTY

Unless otherwise indicated, the Website and its content, including text, graphics, logos, design elements, photographs, videos, and other materials owned by us are protected by applicable intellectual-property laws.

Third-party product images, trademarks, logos, and materials remain the property of their respective owners.

You may use the Website for personal, non-commercial shopping and informational purposes. You may not reproduce, distribute, sell, exploit, or commercially use our proprietary Website content without prior written permission.

15. PROHIBITED USES

You may not use the Website:

• For unlawful or fraudulent purposes
• To violate applicable laws or regulations
• To infringe intellectual-property rights
• To transmit malicious software or harmful code
• To attempt unauthorized access to the Website or related systems
• To interfere with the security or operation of the Website
• To submit false, misleading, or fraudulent information

We reserve the right to restrict or terminate access for prohibited activity.

16. THIRD-PARTY SERVICES AND LINKS

The Website may contain links to or integrations with third-party websites, payment processors, manufacturers, suppliers, carriers, or other services.

We are not responsible for the content, privacy practices, availability, or independent actions of third-party websites or services, except to the extent required by applicable law.

17. DISCLAIMER OF WARRANTIES

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

EXCEPT FOR WARRANTIES EXPRESSLY PROVIDED BY US IN WRITING OR RIGHTS THAT CANNOT LEGALLY BE EXCLUDED, WE DISCLAIM WARRANTIES, EXPRESS OR IMPLIED, TO THE EXTENT PERMITTED BY LAW.

Nothing in these Terms excludes any warranty, guarantee, or consumer right that cannot legally be excluded.

18. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BACKYARD WELLNESS LIVING, LLC AND ITS OWNERS, OFFICERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING FROM USE OF THE WEBSITE OR PRODUCTS.

Nothing in these Terms limits liability where such limitation is prohibited by applicable law.

19. INDEMNIFICATION

To the extent permitted by law, you agree to indemnify and hold harmless Backyard Wellness Living, LLC and its owners, officers, employees, and agents from claims, liabilities, damages, or reasonable expenses arising from your unlawful use of the Website, violation of these Terms, or infringement of another party's rights.

20. PRIVACY

Our collection and use of personal information are governed by our Privacy Policy.

21. GOVERNING LAW

These Terms are governed by the laws of the State of Florida, without regard to conflict-of-law principles, except where applicable federal law or mandatory consumer-protection law provides otherwise.

22. DISPUTE RESOLUTION

Before commencing formal proceedings, you and Backyard Wellness Living, LLC agree to make a good-faith effort to resolve a dispute informally.

Customers may contact us at:

support@backyardwellnessliving.com

If a dispute cannot be resolved informally, the parties agree, to the extent permitted by applicable law, to resolve the dispute through binding individual arbitration administered under the applicable rules of the American Arbitration Association.

Nothing in this section prevents either party from bringing an eligible claim in small claims court or seeking relief that cannot legally be restricted by this provision.

To the extent permitted by applicable law, disputes will be resolved on an individual basis and not as part of a class, collective, consolidated, or representative action.

If any portion of this dispute-resolution provision is found unenforceable, the remaining enforceable provisions will remain in effect to the fullest extent permitted by law.

23. CHANGES TO THESE TERMS

We may revise these Terms periodically to reflect changes to our business, Website, products, practices, or applicable requirements.

Updated Terms will be posted on the Website with an updated Effective Date. Changes apply prospectively unless otherwise required by law.

24. SEVERABILITY

If any provision of these Terms is determined to be unlawful, invalid, or unenforceable, that provision will be enforced to the maximum extent permitted by law, and the remaining provisions will remain in effect.

25. ENTIRE AGREEMENT

These Terms, together with policies incorporated by reference, constitute the agreement between you and Backyard Wellness Living, LLC concerning your use of the Website and purchases from us, subject to any additional written terms applicable to a particular transaction.

26. CONTACT INFORMATION

Questions regarding these Terms may be directed to:

Backyard Wellness Living, LLC
2519 McMullen Booth Road
Suite 510-190
Clearwater, FL 33761

Email: support@backyardwellnessliving.com
Phone: 727-866-4469