Gazing Globes & Stands
Outdoor Garden Statues
Gnomes Galore
Gargoyles & Gargiggles
Whimsical & Unique
Bird Baths & Feeders
Outdoor Planters
Garden Weathervanes
Holiday Decor
Rain Chains

Brands
Design Toscano
Koehler Home Decor
Home-Styles
RainChains
Very Cool Stuff
Garden Odyssey
Vermont Nature Creations
EZVane
Echo Valley
Achla

Terms & Conditions
TERMS OF SALE
OVERVIEW
Welcome to the www.backyardgardenershop.com (the Site).  Backyard Gardener Shop values its relationship with its customers, so these Terms of Sale (TOS) are provided to ensure clarity in the relationship and ease of making transactions. The following, along with the Conditions of Use and Privacy Policy, are terms of a legal agreement (the Terms) between you and Backyard Gardener Shop. By making a purchase on the Site, you acknowledge that you have read, understood, and agree to be bound by these Terms of Sale and the Terms, and to comply with all applicable laws and regulations. If you do not agree to these terms, please do not use or make a purchase on the Site.All transactions will be governed under the general commercial laws of the State of Ohio as supplemented or modified by this Agreement, without regard to conflict of law principles. Backyard Gardener Shop will accept your order only if (1) you accept the terms of these Terms of Sale, (2) the product is available, and (3) you provide a valid and verifiable ship-to address. Backyard Gardener Shop reserves the right to cancel your order in its sole discretion, for any reason.Confirmation of receipt of your order does not constitute acceptance of your order; your order is accepted only when you receive confirmation that the order has been shipped. The TOS, including associated warranty statements or attachments, are the complete agreement between you and Backyard Gardener Shop regarding your purchase of products and replaces any prior oral or written communications between you and Backyard Gardener Shop. Any additional or different terms in any order or written communications from you are void. If there is a separate commercial agreement in effect between you and Backyard Gardener Shop, signed by both parties, then the terms of the commercial agreement govern this transaction.
PRICES
The prices displayed on the Site are quoted in U.S. dollars and are valid and effective only within the United States, and such prices do not include shipping and handling or sales taxes, if applicable, which will be added to your total invoice price.
If a product is quoted at an incorrect price due to typographical error or error in pricing information: 1) Backyard Gardener Shop has the right to refuse or cancel any orders placed for the product quoted at the incorrect price, even if Backyard Gardener Shop has confirmed the receipt of your order and charged your credit card, debit card or PayPal account; and 2) if Backyard Gardener Shop has charged you but subsequently canceled your order, Backyard Gardener Shop will promptly issue a credit to your payment account for the amount charged. You are responsible for taxes, if any, for each product from the date Backyard Gardener Shop ships it to you. No other discounts, quantity entitlements, or promotions apply unless expressly specified for this transaction.
PAYMENTS
Backyard Gardener Shop provides three options for third-party payment methods; major credit cards, PayPal and Google Checkout. You can find out more about PayPal here and about Google Checkout here. When you order something from the Site, you will be asked to set up an account on the Site and, if you do not have one already, on either PayPal or Google Checkout. The information you provide during the account setup process will be used to process your order and payment, and for related purposes. For additional information, please read our Privacy Policy, PayPal’s Privacy Policy, and Google Checkout’s Privacy Policy.Backyard Gardener Shop accepts payments only as described above. Payments must be received prior to shipping.
LIMITED WARRANTY AND LIMITATION OF LIABILITY
Backyard Gardener Shop warrants that its products shall be free from defects in material and workmanship, under normal use and service, upon receipt. Backyard Gardener Shop will, as described above, refund the purchase price or exchange the product, which arrives with defects in material and workmanship.  No charge will be made for shipping or other costs with respect to defects covered by this warranty.To obtain protection under this warranty, you must follow the procedures described above under “Returns and Exchanges.”Specifically excluded from this warranty are any claims arising as a result of improper application, use, neglect, abuse, or other mistreatment of the products.Backyard Gardener Shop, its affiliates, suppliers and subcontractors will not be liable under any circumstances for any consequential, incidental, special, punitive, exemplary or other damages (including, but not limited to, damages resulting from commercial or economic loss) or costs and expenses (including, but not limited to, attorneys’ fees and litigation costs), incurred as a result of any claim whether based on breach of warranty or otherwise.
In no event shall Backyard Gardener Shop’s liability exceed the cost of replacing the product which gave rise to any claim or refunding the purchase price of the product which gave rise to any claim.
THE WARRANTY SET FORTH HEREIN IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESSED, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
No attempt to alter, amend or extend this warranty and limitation of liability shall be effective unless in writing and signed by an executive officer of Backyard Gardener Shop.
Some jurisdictions do not allow the exclusion of warranties, so the above exclusions may not apply to you.
DISPUTESYou agree that these TOS and your purchase of products from Backyard Gardener Shop are governed by the laws of the State of Ohio, without regard to conflict of law principles. You hereby consent to the exclusive jurisdiction and venue of the courts, tribunals, agencies and other dispute resolution organizations in Ohio, in all disputes arising out of, relating to, or concerning Backyard Gardener Shop products and/or these TOS. If any part of this agreement is invalid or unenforceable under applicable law, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall govern such use.

Oswald