Better Backyard Store — Terms of Service

Overview

This website is operated by Better Backyard Store, a DBA of Chance Capital LLC. Throughout the site, the terms "we," "us," and "our" refer to Better Backyard Store. Better Backyard Store offers this website, including all information, tools, products, and services available from this site, to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

By visiting our website and/or purchasing something from us, you engage in our "Service" and agree to be bound by these Terms of Service, including any additional terms, conditions, and policies referenced herein or available by hyperlink. These Terms of Service apply to all users of the site, including browsers, customers, vendors, merchants, and contributors of content.

Please read these Terms of Service carefully before accessing or using our website. If you do not agree to all terms and conditions, you may not access the website, use our services, or purchase products from us.

Any new features, products, tools, or services added to the store shall also be subject to these Terms of Service. We reserve the right to update, change, or replace any part of these Terms by posting updates to our website. It is your responsibility to check this page periodically for changes. Your continued use of the site following any posted changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc., which provides the e-commerce platform that allows us to sell our products and services to you.

Better Backyard Store sells home sauna, steam, and cold plunge equipment as an authorized dealer for the brands we carry. Some items ship by standard parcel carriers, while larger or heavier products ship by freight carrier. Product availability, shipping method, delivery requirements, installation requirements, and lead times may vary by item, manufacturer, and destination.

By using this site or placing an order on BetterBackyardStore.com, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.

Section 1 — Online Store Terms

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you have given consent for any minor dependents to use this site.

You may not use our products or services for any illegal or unauthorized purpose, nor may you violate any laws in your jurisdiction through your use of the Service.

You agree not to transmit any worms, viruses, malware, or destructive code. A breach or violation of any of these Terms may result in immediate termination of your access to our Services.

Section 2 — General Conditions

We reserve the right to refuse service to anyone for any lawful reason at any time.

You understand that your content, excluding credit card information, may be transferred unencrypted and may involve transmissions over various networks or changes to conform to technical requirements of connecting networks or devices. Credit card information is encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, access to the Service, use of the Service, or any contact on the website through which the Service is provided, without express written permission from Better Backyard Store.

The headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms.

Section 3 — Accuracy, Completeness & Timeliness of Information

We make reasonable efforts to provide accurate product information, specifications, dimensions, electrical requirements, pricing, availability, shipping estimates, and related content. However, we are not responsible if information made available on this site is inaccurate, incomplete, outdated, or contains typographical errors.

Material on this site is provided for general informational purposes only and should not be relied upon as the sole basis for making purchasing decisions. Product specifications and requirements should always be confirmed against the manufacturer's official documentation and reviewed with your licensed electrician or contractor before purchase. Any reliance on the material on this site is at your own risk.

We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information except as required by law. You agree that it is your responsibility to monitor changes to our site.

Section 4 — Modifications to the Service and Prices

Prices for our products are subject to change without notice.

Many of the brands we carry set minimum advertised pricing, and our listed prices reflect those requirements.

We reserve the right to modify, suspend, or discontinue the Service, or any part of the Service, at any time without notice.

Better Backyard Store shall not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Service.

Section 5 — Products & Services

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return, refund, cancellation, or exchange only according to our Refund & Return Policy, Shipping Policy, and any product-specific terms listed on the product page.

We have made every effort to display product colors, images, dimensions, descriptions, and specifications as accurately as possible. However, we cannot guarantee that your device's display of any color will be accurate, and wood grain, tone, and finish vary naturally between units.

Most products require assembly, installation, anchoring, electrical work, plumbing, drainage, ventilation, chimney or flue work, permits, inspections, HOA approval, zoning approval, site preparation, or foundation work. Unless expressly stated in writing, Better Backyard Store does not provide installation, assembly, electrical, plumbing, permitting, site preparation, contractor, or professional installation services.

It is the customer's responsibility to confirm that the product is suitable for their intended use, property, space, electrical service, access path, local codes, HOA rules, zoning requirements, and installation location before placing an order.

We reserve the right to limit the sale of our products or services to any person, geographic region, or jurisdiction at our sole discretion. We may exercise this right on a case-by-case basis.

All descriptions of products, product pricing, availability, and shipping estimates are subject to change at any time without notice. We reserve the right to discontinue any product at any time.

Any offer for any product or service made on this site is void where prohibited by law.

We do not warrant that the quality of any products, services, information, or other materials purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

Section 6 — Sauna, Steam & Cold Plunge Equipment

Better Backyard Store sells home wellness equipment that may include, but is not limited to, indoor and outdoor traditional saunas, barrel and cabin saunas, infrared saunas, electric sauna heaters, wood-burning sauna stoves, chimney and flue kits, cold plunge tubs, steam pods and steam generators, hot tubs, and related accessories and replacement parts.

These products involve heat, cold, electricity, combustion, and water. Installation may require a dedicated high-voltage circuit installed by a licensed electrician, a code-compliant chimney or flue with proper clearance to combustibles, ventilation, drainage, a load-rated foundation or pad, and local permits and inspections. Requirements vary by product, jurisdiction, and site.

Smaller items such as accessories, stones, buckets, and controls may ship by standard parcel carriers such as UPS or FedEx. Saunas, heaters, stoves, plunge tubs, and hot tubs ship by freight carrier on a pallet.

Before purchasing, you should confirm:

• The item is suitable for your intended use
• The item will fit in your intended location, including door swing, ceiling height, and clearance
• Your electrical service can support the unit, and a licensed electrician has reviewed the manufacturer's requirements
• The heater or stove output is correctly matched to the room volume and wall construction
• The installation surface is level, well drained, and rated for the unit's weight, using filled weight for plunge tubs and hot tubs
• The item can be safely delivered to your address by a full-size freight truck
• You have any required permits, HOA approval, zoning approval, or inspections when applicable
• You have arranged any necessary assembly, labor, equipment, or professional installation
• You understand whether the product ships assembled, partially assembled, or as a kit

Better Backyard Store is not responsible for issues caused by inaccurate measurements, insufficient electrical service, panel upgrade costs, site conditions, lack of permits, HOA restrictions, lack of installation preparation, inaccessible delivery locations, or failure to review product details before purchase.

Section 7 — Health, Safety & Assumption of Risk

Sauna bathing, steam bathing, and cold water immersion place significant stress on the cardiovascular system and carry inherent health risks, including but not limited to overheating, hypothermia, dehydration, fainting, burns, cold shock, slips and falls, and cardiac events.

Nothing on this website constitutes medical advice. Product descriptions, articles, guides, and any wellness-related content are provided for general informational purposes only and have not been evaluated by the Food and Drug Administration. No product sold by Better Backyard Store is intended to diagnose, treat, cure, or prevent any disease or medical condition.

You should consult a physician before using any sauna, steam room, cold plunge, or hot tub, particularly if you are pregnant, elderly, or have heart disease, high or low blood pressure, diabetes, circulatory conditions, respiratory conditions, epilepsy, or any other medical condition, or if you are taking medication. Do not use these products while under the influence of alcohol or drugs. Children must never use them unsupervised.

Wood-burning stoves and electric heaters reach extremely high surface temperatures and present burn and fire hazards. They must be installed, guarded, vented, and operated strictly in accordance with the manufacturer's instructions and applicable local codes.

You assume all risk associated with the purchase, installation, and use of any product sold by Better Backyard Store. Use of these products is at your own risk and subject to the terms of our Disclaimer, which is incorporated into these Terms by reference.

Section 8 — Accuracy of Billing and Account Information

We reserve the right to refuse any order placed with us.

We may, at our sole discretion, limit or cancel quantities purchased per person, per household, per business, per order, or per account. These restrictions may include orders placed by or under the same customer account, credit card, billing address, shipping address, or contact information.

In the event that we change or cancel an order, we will attempt to notify you using the email address, billing address, phone number, or other contact information provided at the time the order was placed.

You agree to provide current, complete, and accurate purchase, billing, shipping, and account information for all purchases made through our store. You agree to promptly update your account and other information, including your email address, shipping address, phone number, and payment information, so we can complete your transactions and contact you as needed.

Better Backyard Store is not responsible for delays, failed deliveries, additional freight charges, or order issues caused by inaccurate, incomplete, or outdated customer information.

Section 9 — Order Acceptance, Availability & Cancellation

Your receipt of an order confirmation does not signify our final acceptance of your order. It confirms that we have received your order request.

All orders are subject to product availability, manufacturer confirmation, payment authorization, fraud review, address verification, and shipping eligibility.

We reserve the right to cancel or refuse any order for any reason permitted by law, including but not limited to product unavailability, pricing errors, suspected fraud, manufacturer restrictions, shipping limitations, inaccurate information, or inability to deliver to the address provided.

If your order is canceled before shipment, we will issue a refund to the original payment method, unless otherwise required by law.

Once an order has been submitted for fulfillment or shipped, cancellation may not be available. If cancellation is approved after fulfillment has begun, the customer may be responsible for any manufacturer fees, carrier fees, return shipping charges, return freight charges, or restocking fees as outlined in our Refund & Return Policy and Shipping Policy.

Section 10 — Shipping, Delivery & Order Fulfillment

Shipping, delivery, damage claims, delivery inspections, missed appointments, refusal of delivery, lost shipments, and related matters are governed by our Shipping Policy.

By placing an order, you agree to review and follow our Shipping Policy, including the delivery inspection requirements and the site readiness requirements set out there.

For larger items shipped by freight carrier, delivery is curbside only unless otherwise stated in writing. Curbside freight delivery does not include inside delivery, backyard delivery, garage delivery, driveway placement, assembly, installation, electrical connection, unpacking, or debris removal.

Customers are responsible for providing accurate shipping information, being available for scheduled freight delivery appointments when required, and inspecting shipments upon delivery.

Failure to follow the delivery inspection process described in our Shipping Policy may limit our ability to file carrier claims or provide free replacement parts.

Section 11 — Returns, Refunds & Exchanges

Returns, refunds, exchanges, cancellations, restocking fees, damaged items, missing items, and related matters are governed by our Refund & Return Policy and Shipping Policy.

Certain products may be final sale, custom-made, special order, made-to-order, clearance, open-box, or non-returnable. Product-specific return restrictions may be listed on the product page.

Items that have been assembled, installed, wired, energized, heated, fired, or filled with water are not returnable.

Returned items must be approved in advance by Better Backyard Store. Customers should not return any product without written authorization and return instructions from us. Unauthorized returns may be refused, delayed, or ineligible for refund.

Section 12 — Product Warranties

Products sold by Better Backyard Store include the manufacturer's warranty. Because we are an authorized dealer for the brands we carry, your warranty is valid from the date of purchase. Warranty coverage, terms, exclusions, and claim procedures vary by manufacturer and product.

Unless otherwise stated in writing, product warranties are provided by the manufacturer, not Better Backyard Store.

Better Backyard Store may assist customers with warranty questions or manufacturer contact information when available, but we do not control manufacturer warranty decisions, approval timelines, replacement terms, repair processes, parts availability, or warranty outcomes.

Normal wear and tear, improper assembly, improper or unlicensed installation, over-firing, operating a heater without stones or with improper stone placement, use of improper or untreated water, misuse, neglect, modifications, commercial use of a residential unit, weather exposure, failure to maintain the product, or failure to follow manufacturer instructions may void warranty coverage.

Section 13 — Optional Tools

We may provide access to third-party tools over which we have no control or oversight.

You acknowledge and agree that we provide access to such tools "as is" and "as available" without warranties, representations, or conditions of any kind and without endorsement.

Better Backyard Store shall have no liability arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion. You should ensure that you are familiar with and approve of the terms under which tools are provided by the relevant third-party provider.

Section 14 — Third-Party Links

Certain content, products, and services available through our Service may include materials from third parties.

Third-party links on this site may direct you to websites that are not affiliated with Better Backyard Store. We are not responsible for examining or evaluating the content or accuracy of third-party websites, and we do not warrant and will not have any liability or responsibility for third-party materials, websites, products, or services.

Please carefully review the third party's policies and practices before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products or services should be directed to the third party.

Section 15 — User Comments, Reviews, Feedback & Submissions

If you submit creative ideas, suggestions, proposals, plans, reviews, photos, videos, testimonials, or other materials to us, whether online, by email, through the website, through social media, by postal mail, or otherwise, you agree that we may, at any time and without restriction, edit, copy, publish, distribute, translate, display, and otherwise use such submissions in any medium.

We are under no obligation to:

• Maintain any submission in confidence
• Pay compensation for any submission
• Respond to any submission
• Publish or remove any submission

You agree that your submissions will not violate any right of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary rights.

You further agree that your submissions will not contain unlawful, abusive, obscene, defamatory, threatening, harassing, misleading, false, or otherwise objectionable material, or any malware or computer virus that could affect the operation of the Service or any related website.

You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any submission.

You are solely responsible for any submissions you make and their accuracy. Better Backyard Store takes no responsibility and assumes no liability for any comments posted by you or any third party.

Section 16 — Personal Information

Your submission of personal information through the store is governed by our Privacy Policy.

By using our website or placing an order, you acknowledge and agree that your personal information may be collected, used, stored, and shared as described in our Privacy Policy.

Section 17 — Errors, Inaccuracies & Omissions

Occasionally, information on our site or in the Service may contain typographical errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, offers, shipping charges, transit times, product availability, specifications, images, or other content.

We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate, at any time without prior notice, including after you have submitted your order.

We undertake no obligation to update, amend, or clarify information in the Service or on any related website except as required by law.

No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.

Section 18 — Prohibited Uses

In addition to other prohibitions stated in these Terms of Service, you are prohibited from using the site or its content:

• For any unlawful purpose
• To solicit others to perform or participate in unlawful acts
• To violate any international, federal, state, provincial, or local laws, regulations, rules, or ordinances
• To infringe upon or violate our intellectual property rights or the intellectual property rights of others
• To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate against any person or group
• To submit false or misleading information
• To upload or transmit viruses, malware, or any other type of malicious code
• To collect or track the personal information of others without consent
• To spam, phish, pharm, pretext, spider, crawl, scrape, or otherwise interfere with the site
• To use the site for any obscene or immoral purpose
• To interfere with or circumvent the security features of the Service, related websites, other websites, or the internet
• To place fraudulent orders or attempt chargeback abuse
• To impersonate another person or misrepresent your identity
• To use our products in an unsafe, unlawful, or unauthorized manner

We reserve the right to terminate your use of the Service or any related website for violating any prohibited uses.

Section 19 — Intellectual Property

All content on this website, including text, graphics, logos, icons, images, product descriptions, page layouts, designs, videos, downloads, and other materials, is owned by or licensed to Better Backyard Store or its content suppliers and is protected by applicable intellectual property laws.

You may not copy, reproduce, distribute, modify, display, publish, transmit, create derivative works from, or exploit any content on this website without prior written permission from Better Backyard Store.

All trademarks, service marks, product names, brand names, and logos appearing on this site are the property of their respective owners.

Section 20 — Disclaimer of Warranties

We do not guarantee, represent, or warrant that your use of our Service will be uninterrupted, timely, secure, or error-free.

We do not warrant that the results obtained from the use of the Service will be accurate or reliable.

You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time without notice to you.

Your use of the Service is at your sole risk.

The Service and all products and services delivered to you through the Service are provided "as is" and "as available," unless otherwise expressly stated by us in writing.

To the fullest extent permitted by law, Better Backyard Store disclaims all warranties and conditions of any kind, whether express or implied, including implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

Some jurisdictions do not allow limitations on implied warranties, so some of these limitations may not apply to you.

Section 21 — Limitation of Liability

To the fullest extent permitted by law, Better Backyard Store, its owners, directors, officers, employees, affiliates, agents, contractors, suppliers, service providers, licensors, and partners shall not be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind.

This includes, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, property damage, water damage, fire damage, electrical damage, personal injury, installation costs, electrician or contractor costs, permit costs, project delays, missed deadlines, lost business opportunities, or any similar damages arising from your use of the Service or any products purchased through the Service.

Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability in such states or jurisdictions shall be limited to the maximum extent permitted by law.

Nothing in these Terms is intended to limit any rights you may have under applicable consumer protection laws that cannot legally be waived.

Section 22 — Indemnification

You agree to indemnify, defend, and hold harmless Better Backyard Store and its owners, directors, officers, employees, affiliates, agents, contractors, licensors, service providers, subcontractors, suppliers, partners, and representatives from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of:

• Your breach of these Terms of Service
• Your violation of any law or regulation
• Your violation of the rights of a third party
• Your misuse of the website or Service
• Your installation, assembly, wiring, modification, maintenance, or use of any product purchased from us
• Injury to any person using a product purchased from us on your property

Section 23 — Severability

If any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall be enforceable to the fullest extent permitted by applicable law.

The unenforceable portion shall be deemed severed from these Terms of Service, and such determination shall not affect the validity and enforceability of any remaining provisions.

Section 24 — Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement.

These Terms of Service are effective unless and until terminated by either you or us.

You may terminate these Terms at any time by notifying us that you no longer wish to use our Services or by ceasing use of our site.

If, in our sole judgment, you fail to comply with any term or provision of these Terms of Service, we may terminate this agreement at any time without notice. You will remain liable for all amounts due up to and including the date of termination, and we may deny you access to our Services or any part of them.

Section 25 — Entire Agreement

These Terms of Service, together with any policies or operating rules posted by us on this site or in respect to the Service, constitute the entire agreement and understanding between you and Better Backyard Store and govern your use of the Service.

These Terms supersede any prior or contemporaneous agreements, communications, or proposals, whether oral or written, between you and us.

Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

Section 26 — Governing Law

These Terms of Service and any separate agreements through which we provide you products or services shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to conflict of law principles.

Section 27 — Changes to Terms of Service

You can review the most current version of the Terms of Service on this page at any time.

We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website.

It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

Section 28 — Contact Information

Questions about these Terms of Service should be directed to:

Better Backyard Store

info@betterbackyardstore.com

(888) 739-3321

Temecula, CA 92591, United States