ORDER AND SALE TERMS
PLEASE READ CAREFULLY. THESE TERMS PROVIDE FOR THE MANDATORY ARBITRATION OF DISPUTES.
These Order and Sale Terms (“Terms”) apply to purchases of myBackyardStudio™, myOffice™, myArtStudio™, myGym™, or mySanctuary™ products (“Products”) from Star Exhibits & Environments, Inc. through the www.mybackyardstudios.com website (the “Site”) LLC. IF YOU BUY A PRODUCT FROM US THROUGH THE SITE, YOU ARE AGREEING TO THESE TERMS.
These Terms apply to your purchase of a Product from us through the Site. As to each purchase you make, these Terms and the terms of our Website Use Agreement are the only terms of our agreement with you. WE REJECT ANY TERMS OR CONDITIONS IN ANYTHING YOU MAY SEND TO US, AND NONE OF THOSE TERMS OR CONDITIONS WILL BE A PART OF OUR AGREEMENT WITH YOU OR OTHERWISE BINDING ON US.
These Terms May Change
These Terms may change without notice to you. Each time you buy a Product from us through the Site, you will be doing so under the then current version of these Terms. You accept the responsibility of reviewing these Terms each time you consider buying a Product from us through the Site.
Your Eligibility to Buy Products from Us
You represent and warrant to us that you are 18 years of age or older and legally able to enter into a contract. YOU MAY NOT BUY A PRODUCT FROM US THROUGH THE SITE IF YOU ARE UNDER THE AGE OF 18.
You are agreeing to contract with us electronically.
You place an order by clicking the Place Order button on the Site’s check out page.
The price for a Product or any services you purchase is the price that is shown for that Product or service in your cart when you checkout. Except in cases where we’ve made a mistake, we do not make price adjustments after an order has been placed.
A Product order may be changed only with our permission, which we may condition on a change in price or the payment of an administrative change fee. A Product order change may delay the completion of the production of that Product.
If you experience a problem with your order, please contact us at email@example.com.
Payments, Taxes, and Refunds
Your credit card will be charged when your order is placed.
The purchase price of a Product does not include sales or other taxes. We will collect sales tax from you if we are required to do so by a law applicable to us. You are otherwise responsible for the payment of any sales, use, or other tax that is imposed on you.
We provide refunds through the same source that you used for payment.
Product orders may be cancelled, but only as provided in this section. The cancellation options and the refunds we provide for each are shown in the table below:
Refund we Provide
Any reason (or no reason)
Within five days following the date of the order.
The full amount that you paid us.
You purchased our installation services, and we inform you that the Site on which you wish to place the Product does not meet the Product’s Site Requirements.
Within 15 days following the date on which we advise you that the Site does not meet the Product’s Site Requirements.
If you wish, you may contact us about performing the work necessary for the Site to meet the Product’s Site Requirements before making your cancellation decision.
The full amount that you paid us, less an amount equal to 15% of the fee for our installation services (to cover the cost of the Site inspection), and any sales tax on that amount.
You purchased our permit services and a Permit you need is not issued.
Within 15 days following the date on which you learn that the Permit will not issue.
The full amount that you paid us, less the fee for our permit services and any sales tax on that fee.
The only way you can cancel an order is by contacting us at firstname.lastname@example.org.
Production and Shipping
We will begin production of your Product once the last of your cancellation periods has expired. We will generally complete the production of a Product, such that it is ready to be shipped, within four to six weeks. We generally ship Products within three business days following the completion of production. The time it takes for a Product to be delivered to you will depend on where you live and the shipping option you choose. Any estimated delivery date we may provide you will be an estimate only, and not a promise of a delivery date.
The purchase price of a Product does not include the shipping of that Product to you. You will choose a shipping option when you check out. We will only ship to addresses in the United States. When we ship a Product to you, we will send a notice of shipment to the email address you provide when checking out, and that notice will contain information that you can use to track the shipment.
Title to and risk of loss for a Product will transfer to you when that Product is delivered to you. This means that you are not responsible for any loss or damage to a Product while it is in transit to you.
Assembly/Installation – Required Site Conditions
The Product will be shipped to you in unassembled form with installation instructions. The purchase price of the Product does not include the cost of assembly or installation. You may elect to have us assemble and install the Product for you by purchasing our installation services when you check out. Otherwise, you may assemble and install the Product on your own or hire someone else to assemble and install the Product for you.
The location and condition of the ground on which the Product is placed (the “Site”) must meet the Product’s Site Requirements. If you purchase our installation services, we will inspect the Site and tell you whether it meets your Product’s the Site requirements. Unless you purchase our installation services, you should not purchase a Product unless you are sure that your intended Site meets the Product’s Site requirements.
Our Installation Services.
If you purchase our installation services, we (or a subcontractor engaged by us) will:
- Perform one inspection of the Site and tell you if it meets the Site Requirements;
- If the Site does not meet the Site Requirements, tell you if the Site can be corrected to meet the Site requirements and, if so, how (and regardless of whether the Site can be corrected, you will have the cancellation option shown in the Order Cancellations section above);
- Unload the Product from delivery truck;
- Move the Product from its point of delivery to the Site if the Site is within 100 yards of the delivery point and the path from the delivery point to the Site is unobstructed;
- If the Site meets the Site Requirements and all required Permits have been issued, assemble and install the Product on the Site in accordance with the Product’s installation instructions; and
- Leave the Site and your property clean of trash or debris created by our work.
Our installation services do not include any other work or services. However, additional installation related services may be available, at additional fee (not included in the fee for our installation services), by contacting us at email@example.com.
The installation and use of a Product may require one or more permits from a municipality (or similar government authority) (“Permits”). The purchase price of the Product does not include the fee of Permits. You may elect to have us help you with Permits by purchasing our permit services when you check out. Otherwise, you may obtain any Permits you may need on your own or hire someone else to do that for you. Unless you purchase our permit services, you should not purchase a Product unless you are sure that any Permits you may need are available to you.
Our Permitting Services
If you purchase our permit services, we (or a subcontractor engaged by us) will:
- Contact the appropriate local authorities to see if Permits are required;
- Prepare any drawings or other materials required to apply for required Permits, assuming you provide us any information we may need from you; and
- Prepare the appropriate Permit applications for you to submit.
Our permit services do not include any other work or services. For example, our permit services do not include submitting Permit applications, meeting with local officials, or attending meetings. Our permit services fee does not include any costs or fees that may be payable to the permitting authority, such as filing or permit costs, or other service providers, such as plumbers or electricians (which will have to be paid by you).
You will promptly notify us after all Permits you need are received (we cannot start production of your Product until we know that), and you will promptly notify us if you learn that a Permit you need will not be issued (in which case you will have the cancellation option shown in the Order Cancellation section above).
A Product may only be returned to us with our approval, which may only be given in the form of written return authorization from us. While we are free to allow or disallow a return in our discretion, and we may impose conditions on a return, we will only allow a return if the Product is in the same condition as when it was delivered to you. If we allow you to return a Product, you must return the Product to us at your cost. This means that you must pay the shipping costs and you will be responsible for any loss or damage to the Product while it is in transit to us. If we allow a return and all of the conditions of that return are met, we will refund the amount you paid us for the purchase price of the Product, less a restocking fee that is shown in our written return authorization. We will not refund any other amount you paid us.
Please read our Warranty for Products, which is a part of these Terms.
Third Party Providers
We use products, materials, and services provided by third parties (persons or entities that are not affiliated with us) in the design and production of Products and in our installation and permit services (“Third Party Providers”). Many of the provisions of this Agreement benefit Third Party Providers, and all Third Party Providers are intended beneficiaries of those provisions. However, no Third Party Provider is making any promise or commitment to you under this Agreement and no Third Party Provider will have any liability to you under or relating to this Agreement.
Our obligations under these Terms will be suspended during any period and to the extent that we are prevented from performing them by causes beyond our control, such as war, acts of terrorism, riot, civil commotion, pandemic, fire, or acts of God.
Certain Kinds of Damages are Waived.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT UNDER THE INDEMNITY PROVISION BELOW, UNDER NO CIRCUMSTANCES WILL WE OR ANY THIRD PARTY PROVIDER BE LIABLE TO YOU, OR WILL YOU BE LIABLE TO US OR ANY THIRD PARTY PROVIDER, FOR ANY PUNITIVE, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES RELATING TO YOUR PURCHASE OF A PRODUCT OR INSTALLATION OR PERMIT SERVICES FROM US, OR OTHERWISE RELATING TO THIS AGREEMENT, EVEN IF WE OR YOU (AS THE CASE MAY BE) WERE AWARE OF THE POSSIBILITY OF SUCH DAMAGES.
You will indemnify, defend and hold us and all Third Party Providers harmless from and against any and all losses, costs, and damages, including reasonable attorney’s fees, incurred or suffered by us or them in connection with, arising from, or in any manner relating to (a) your breach or violation of these Terms, or (b) any bodily injury, property damage, or other harm resulting from (i) unless you purchased our installation services, the Site on which the Product is placed, (ii) unless you purchased our installation services and the Product is assembled and installed us (or one of or subcontractors), any failure to assemble or install the Product in accordance with its installation instructions, (iii) any failure to properly maintain the Product; or (iv) any repair or modification of the Product.
Compliance with Laws
You will comply with all laws applicable to your purchase and use of a Product.
Arbitration and Governing Law
The United States Federal Arbitration Act will apply to any disputes between us as provided in this section. ANY DISPUTE THAT IN ANY WAY RELATES TO OR ARISES OUT OF THESE TERMS OR YOUR USE OF THE SITE WILL BE RESOLVED BY A SINGLE NEUTRAL ARBITRATOR UNDER THE CONSUMER ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION. THE ARBITRATION WILL BE CONDUCTED IN MINNEAPOLIS, MINNESOTA, BUT YOU OR WE (OR BOTH) MAY ELECT TO PARTICIPATE IN THE ARBITRATION TELEPHONICALLY OR BY VIDEO CONFERENCE. The arbitrator will have the power to grant any remedy that a court could provide.
YOU CAN ONLY BRING CLAIMS AGAINST US IN YOUR INDIVIDUAL CAPACITY, AND WE CAN ONLY BRING CLAIMS AGAINST YOU IN OUR INDIVIDUAL CAPACITY. NEITHER YOU NOR WE CAN BRING CLAIMS AGAINST THE OTHER AS PART OF A CLASS ACTION OR REPRESENTATIVE PROCEEDING.
Before beginning an arbitration proceeding, you and we will first provide the other written notice of the dispute. That notice will describe the nature and basis of the dispute so that you and we can try to resolve the dispute without arbitration. If you and we cannot resolve the dispute within 30 days following receipt of the notice, either of us can begin the arbitration proceeding. You will send notices to us at the street and email addresses that are shown for us on the Site’s Contact Us page. We will send notices to you at the street and email addresses that you provided us in your most recent transaction through the Site.
Except as provided above, these Terms are governed by THE LAWS OF THE STATE OF MINNESOTA, as applied to agreements entered into and wholly performed within Minnesota by Minnesota residents, without regard to the laws of any jurisdiction that concern conflicts of laws. ANY DISPUTE THAT RELATES TO THESE TERMS OR YOUR USE OF THE SITE AND IS NOT SUBJECT TO THE ARBITRATION PROVISIONS ABOVE WILL BE BROUGHT AND RESOLVED EXCLUSIVELY IN STATE OR FEDERAL COURTS LOCATED IN HENNEPIN COUNTY MINNESOTA; AND THOSE COURTS WILL HAVE EXCLUSIVE JURISDICTION OVER ANY APPEAL FROM AN ARBITRATION PROCEEDING. YOU CONSENT AND SUBMIT TO THE PERSONAL JURISDICTION OF THOSE COURTS.
A THIRD PARTY PROVIDER MAY ELECT TO HAVE ANY DISPUTE BETWEEN YOU AND IT SUBJECT TO THE TERMS OF THIS SECTION.
THIS SECTION DOES NOT PREVENT YOU FROM BRINGING ANY CONCERNS YOU MAY HAVE TO THE ATTENTION OF FEDERAL, STATE, OR LOCAL GOVERNMENT OR REGULATORY AGENCIES.
We may assign or transfer any of our rights under these Terms without notice to you.
Section headings are used in these Terms for convenience purposes only and do not limit any of these Terms. If a provision of these Terms is found invalid, that invalidity will not affect other provisions that can be given effect without the invalid provision. No delay or failure by us to exercise a right or remedy under these Terms will constitute a waiver of that right or remedy. When the word “including” is used in the Agreement, it will be read as “including, without limitation”.
END OF ORDER AND SALE TERMS