Terms and Conditions

PLEASE READ THESE TERMS OF USE CAREFULLY.
By accessing or otherwise using this site, you agree to be bound contractually by these Terms of Use.

TERMS OF USE
Effective Date: June 1, 2014

To review material modifications and their effective dates scroll to the bottom of the page.

1. Parties. The parties to these Terms of Use are you, and the owner of this website business, Barbecue Parts Depot ("BPD"). All references to "we", "us", "our", this "website" or this "site" shall be construed to mean this website business and BPD.

2. Use And Restrictions. Subject to these Terms of Use and our Privacy Policy, you may use the public areas of this site, but only for your own internal purposes. You agree not to access (or attempt to access) this site by any means other than through the interface we provide unless you have been specifically allowed to do so in a separate agreement. You agree not to access (or attempt to access) this site through any automated means (including the use of scripts or web crawlers), and you agree to comply with the instructions set out in any robots.txt file present on this site. You are not authorized to (i) resell, sublicense, transfer, assign, or distribute the site, its services or content; (ii) modify or make derivative works based on the site, its services or content; or (iii) "frame" or "mirror" the site, its services or content on any other server or Internet-enabled device. All rights not expressly granted in this Agreement are reserved by us and our licensors 

3. Modification. We reserve the right to modify these Terms of Use at any time, and without prior notice, by posting an amended Terms of Use that is always accessible through the Terms of Use link on this site's home page. You should scroll to the bottom of this page periodically to review material modifications and their effective dates. YOUR CONTINUED USE OF THIS SITE FOLLOWING OUR POSTING OF A MODIFICATION NOTICE OR NEW TERMS OF USE ON THIS SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE MODIFICATION OR NEW TERMS OF USE.

4. Monitoring. We reserve the right, but not the obligation, to monitor your access and use of this site without notification to you. We may record or log your use in a manner as set out in our Privacy Policy that is accessible though the Privacy Policy link on this site's home page.

5. Separate Agreements. You may acquire products, services and/or content from this site. We reserve the right to require that you agree to separate agreements as a condition of your use and/or purchase of such products, services, and/or content.

6. Ownership. Unless otherwise specified, all materials appearing on this site; including text, site design, layout, look, appearance, logos, graphics, icons, tagline and catch phrases, as well as the selection, assembly and arrangement thereof, are the sole property of Barbecue Parts Depot., Copyright ©, ALL RIGHTS RESERVED.

Any unauthorized use of the materials appearing on this site may violate copyright, trademark, and other applicable laws and could result in criminal or civil penalties. You may use the content of this site only for the purpose of shopping in this store or placing an order and for no other purpose. No materials from this site may be copied, reproduced, modified, republished, uploaded, posted, transmitted or distributed in any form or by any means without our prior written permission.

Thus, the materials provided on this site are protected by law, including, but not limited to, United States copyright law and international treaties. The copyrights and other intellectual property in the content of this site are owned by us and/or others. Except for the limited rights granted herein, all other rights are reserved.

7. Credit Cards/Purchases. We accept credit cards as a form of payment and there is no surcharge for using your credit card to make purchases on this site. We reserve the right to change our payment procedure at any time without prior notice to you.

All billing information provided must be truthful and accurate, please be sure to provide your exact billing information (i.e. full name, address, phone number, complete credit card info etc.) as incorrect information will cause a delay in processing your order. Also, prior to accepting an order we may also request additional information from you. Providing any untruthful or inaccurate information constitutes a breach of this Agreement and may result in cancellation of your order.

We reserve the right to refuse or cancel an order for any reason including limitations on quantities available for purchase, inaccuracies, or errors in product or pricing information, as well as problems identified by the credit card fraud department. If your order is canceled after your credit card has been charged, we will issue a refund to your credit card in the amount of the purchase charge. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order.

Barbecue Parts Depot also reserves the right, at our sole discretion, to prohibit sales to dealers or resellers. For purposes of this agreement, reselling shall be defined as purchasing or intending to purchase any product(s) from BPD for the purpose of engaging in a commercial sale of that same product(s) with a third party.

BPD also reserves the right to refuse an order, during any stage with-in the process, for any reason it deems reasonable. We also reserve the right to cancel an order due to discontinued items, errors in prices, or other unforeseen errors.

By completing your purchase at the end of the checkout process, you agree to accept and pay for the item(s). This may include items that are on backorder or out-of-stock.

Cancellation - Upon request by you (the customer) we will cancel or make changes to any order without penalty, and issue any refund, as long as the order has not shipped, or in preparations to ship (boxed and pelleted).

8. Item Pricing. We reserve the right to change item pricing or information regarding any item, at any time. Prices on our site, on occasion, may be inaccurate due to manufacturers price increase etc. Customers will be notified (about the incorrect price) before or after the item has been purchased and will be informed about the new price. They will be given the opportunity to cancel the order or pay the difference. If a part is purchased, and the price is reduced thereafter, Barbecue Parts Depot will not refund the difference.

9. Typographical Errors. Information on this site may contain technical inaccuracies or typographical errors, we will make every attempt to provide you with the most accurate information on our website, and we cannot be held liable for any typographical errors or inaccuracies contained within it. Once notified, we will immediately make an effort to correct mistakes that are found or brought to our attention. Please confirm "product information and specs" before making a purchase.

In the event a product is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, Barbecue Parts Depot shall have the right to refuse or cancel any orders placed for products listed at the incorrect price. Barbecue Parts Depot shall also have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Barbecue Parts Depot will issue a refund to your card in the amount of the incorrect price.

We reserve the right to change or update information, including product pricing and availability, without prior notice. Barbecue Parts Depot and its subsidiaries reserve the right to refuse service, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if Barbecue Parts Depot believes that customer conduct violates applicable law or is harmful to the interests of Barbecue Parts Depot and its subsidiaries.

So, before you act on information found on the BPD, you should confirm any facts that are important to your purchasing decision. If you find a product is not as described, your sole remedy is to return the item in an unused condition (excluding products that are not eligible for return). 

10. Multiple Products Ordered. For multiple product orders, we will make every attempt to ship all items contained in that order at the same time. Products that are unavailable at the time of shipping, such as items on back order, will be shipped as they become available unless you inform us otherwise. You will be charged for all products contained with-in a given order, plus any applicable shipping charges. The entirety of this shipping charge will be applied to the first product(s) shipped on a multiple shipment order.

11. Order Acceptance Policy. Your receipt of an electronic and/or another form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Barbecue Parts Depot reserves the right at any time after receipt of your order to accept or decline your order for any reason or to supply less than the quantity you ordered of any item.

12. Other Conditions. These conditions will supersede any terms and/or conditions you include with any purchase order, regardless of whether this store signs them or not. Barbecue Parts Depot reserves the right to make changes to this site and these conditions at any time. 

13. Back-Order/Out-of-Stock Products. Usually, products ship within 7-14 business days. Although we work hard to keep our inventory information accurate, from time to time, mistakes happen and inaccurate inventory quantities may differ from our warehouse quantities (i.e. out-or-stock products and/or products on back order etc.).

In the event that an item is out of stock or on back order at the time of purchase we will make every effort to quickly correct the problem and ship the item(s) as they become available. However, order delivery times can take as long as 30 - 60 days, which limits the action we can take to remedy the issue. During this time, we will make every effort to keep you informed of the status of your unshipped item(s).

And if an item is no longer available, you will be notified via email and every effort will be made to offer you an updated model (if available). You may cancel your order at any time prior to shipping.

14. Taxes. Our store will automatically charge and withhold the applicable sales tax for orders to be delivered to addresses within the same state/province where Barbecue Parts Depot holds a presence. For orders shipped to other areas, you (the shopper) are solely responsible for any sales taxes and/or other taxes that may apply.

15. Warranty Disclaimers. EXCEPT AS MAY BE PROVIDED IN ANY SEPARATE WRITTEN AGREEMENTS SIGNED BY THE PARTIES, THE SERVICES, CONTENT, AND/OR PRODUCTS ON THIS SITE ARE PROVIDED "AS-IS", AND NEITHER WE NOR ANY OF OUR LICENSORS MAKE ANY REPRESENTATION OR WARRANTY WITH RESPECT TO SUCH PRODUCTS, SERVICES, AND/OR CONTENT. EXCEPT AS MAY BE PROVIDED IN ANY SEPARATE WRITTEN AGREEMENT SIGNED BY THE PARTIES OR SEPARATE AGREEMENT ORIGINATING FROM THIS SITE, THIS SITE AND ITS LICENSORS SPECIFICALLY DISCLAIM, TO THE FULLEST EXTENT, PERMITTED BY LAW, ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THIS SITE OR PRODUCTS, SERVICES AND/OR CONTENT ACQUIRED FROM THIS SITE, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, COMPLETENESS, TIMELINESS, CORRECTNESS, NON-INFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE. THIS SITE AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT THIS SITE, ITS PRODUCTS, SERVICES, AND/OR CONTENT: (A) WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR (C) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THESE DISCLAIMERS CONSTITUTE AN ESSENTIAL PART OF THIS AGREEMENT. NO PURCHASE OR USE OF THE ITEMS OFFERED BY THIS SITE IS AUTHORIZED HEREUNDER EXCEPT UNDER THESE DISCLAIMERS. IF IMPLIED WARRANTIES MAY NOT BE DISCLAIMED UNDER APPLICABLE LAW, THEN ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO THE PERIOD REQUIRED BY APPLICABLE LAW. SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

15a. Product Warranties. We do not warranty any of our manufacturer’s product or parts. All original grill parts that are under manufacturer’s warranty, the customer must file a claim through that manufacturer. Any part purchased from us, that fall under a manufacturer’s warranty, then we will accept the return (see returns) and file a claim for you. Any replacement part(s), for such warranty claim, will not ship to the customer until the manufacturer approves the current claim for the defective part. This process may take up to 2 - 3 weeks.

16. Limitation of Liability. IN NO EVENT SHALL THIS SITE AND/OR ITS LICENSORS BE LIABLE TO ANYONE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THIS SITE, ITS PRODUCTS, SERVICES, AND/OR CONTENT, ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE, EVEN IF THIS SITE OR OUR LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

17. Links to This Site. We grant to you a limited, revocable, and nonexclusive right to create a hyperlink to this site provided that the link does not portray us or our products or services in a false, misleading, derogatory, or offensive matter. You may not use any logo, trademark, or tradename that may be displayed on this site or other proprietary graphic image in the link without our prior written consent.

18. Links to Third Party Websites. We do not review or control third party websites that link to or from this site, and we are not responsible for their content and do not represent that their content is accurate or appropriate. Your use of any third party site is on your own initiative and at your own risk, and may be subject to the other sites' terms of use and privacy policy.

19. Participation In Promotions of Advertisers. You may enter into correspondence with or participate in promotions of advertisers promoting their products, services or content on this site. Any such correspondence or participation, including the delivery of and the payment for products, services or content, are solely between you and each such advertiser.

20. Consumer Rights Information; California Civil Code Section 1789.3. If this site charges for services, products, content, or information, pricing information will be posted as part of the ordering process for this site. We maintain specific contact information including an e-mail address for notifications of complaints and for inquiries regarding pricing policies in accordance with California Civil Code Section 1789.3. All correspondence should be addressed to our agent for notice at the following address:

Notification of Consumer Rights Complaint or Pricing Inquiry:
Barbecue Parts Depot
2640 S. Myrtle Ave
Monrovia, CA, 91016
Contact: barbecuepartsdepot@gmail.com
Telephone:1-888-528-0885

You may contact us with complaints and inquiries regarding pricing and we will investigate those matters and respond to the inquiries.

The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted in writing at 1020 N. Street, #501, Sacramento, CA 95814, or by telephone at 1-916-445-1254.

21. Arbitration. Except for actions to protect intellectual property rights and to enforce an arbitrator's decision hereunder, all disputes, controversies, or claims arising out of or relating to this Agreement or a breach thereof shall be submitted to and finally resolved by arbitration under the rules of the American Arbitration Association ("AAA") then in effect. There shall be one arbitrator, and such arbitrator shall be chosen by mutual agreement of the parties in accordance with AAA rules. The arbitration shall take place in Los Angeles, California, USA, and may be conducted by telephone or online. The arbitrator shall apply the laws of the State of California, USA to all issues in dispute. The controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The findings of the arbitrator shall be final and binding on the parties and may be entered in any court of competent jurisdiction for enforcement. Enforcements of any award or judgment shall be governed by the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards. Should either party file an action contrary to this provision, the other party may recover attorney's fees and costs up to $1000.00.

22. Jurisdiction And Venue. The courts of Los Angeles County in the State of California, USA and the nearest U.S. District Court in the State of California shall be the exclusive jurisdiction and venue for all legal proceedings that are not arbitrated under these Terms of Use.

23. Controlling Law. This Agreement shall be construed under the laws of the State of California, USA, excluding rules regarding conflicts of law. The application the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.

24. Intended For Use Only Within The United States. This site is intended for use only from within the United States. We do not represent that this site is appropriate for use elsewhere. Access to this site from locations where its contents are illegal is not authorized.

25. Onward Transfer of Personal Information Outside Your Country of Residence. Any personal information which we may collect on this site will be stored and processed in our servers located only in the United States. If you reside outside the United States, you consent to the transfer of personal information outside your country of residence to the United States.

26. Severability. If any provision of these terms is declared invalid or unenforceable, such provision shall be deemed modified to the extent necessary and possible to render it valid and enforceable. In any event, the unenforceability or invalidity of any provision shall not affect any other provision of these terms, and these terms shall continue in full force and effect, and be construed and enforced, as if such provision had not been included, or had been modified as above provided, as the case may be.

27. Force Majeure. We shall not be liable for damages for any delay or failure of delivery arising out of causes beyond our reasonable control and without our fault or negligence, including, but not limited to, Acts of God, acts of civil or military authority, fires, riots, wars, embargoes, Internet disruptions, hacker attacks, or communications failures.

28. Privacy. Please review this site's Privacy Policy which also governs your visit to this site. Our Privacy Policy is always accessible on our site's homepage.

29. Promotional Code Discounts/Items On-sale. Discount does not apply to taxes or shipping charges. Cannot be used in combination with any other offers. Any coupon code is not redeemable for cash. The customer is responsible for sales tax and sales tax is not included in the minimum purchase limit.

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>>Material Modifications<< Since June 1, 2014: Privacy, Shipping and Return Policies moved to external pages.

Notice: This document is Copyright © Chip Cooper of the law firm of Jones & Haley, P.C., and licensed for use by the owner of this website under distribution rights granted to FTCGuardian.com. All rights reserved worldwide. No part of this document may be copied, reprinted, reproduced, or transmitted in any form or by any means without the prior written permission of the copyright owner.