Big Texas Yard Sale (BTYS) General Terms, Policies, & Limitations

30-Day Satisfaction Guarantee

If you are not satisfied for any reason items purchased from BTYS may be returned within 30 days of shipment for credit or exchange (provided the product is undamaged). Certain restrictions apply. Big Texas Yard Sale reserves the right to refuse or limit any returns, that, in our sole judgment, appear to be fraudulent, abusive, in violation of these terms, or are otherwise inappropriate. Please see the Returns Policy page for more information.

Warranty

All items sold by BTYS are sold “AS IS” and without warranty or guarantee of fitness for Buyer’s use.

ALL OTHER WARRANTIES TO ANY CUSTOMER, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTIABILITY OR FITNESS FOR A PARTICULAR PURPOSE ARE SPECIFICALLY DISCLAIMED, EXCEPT WHERE PROHIBITED BY STATE LAW. BIG TEXAS YARD SALE EXPRESSLY DISCLAIMS ANY LIABILITY FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES. BIG TEXAS YARD SALE’S LIABILITY IN ALL CIRCUMSTANCES IS LIMITED TO, AND SHALL NOT EXCEED, THE PURCHASE PRICE PAID FOR THE PRODUCT THAT GIVES RISE TO ANY LIABILITY.

Item Fitment Information Disclaimer

BTYS attempts to provide fitment information to assist customers in finding items that fit or will work with their vehicles, boats, ATV/UTVs, machinery, or other applications.  This fitment information is for general informational purposes only and should not replace any advice found in any manufacturer instructions, technical product manual, or other professional resource.  WHILE BTYS STRIVES TO PROVIDE RELIABLE FITMENT INFORMATION, BTYS MAKES NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, AS TO THE ACCURACY OR COMPLETENESS OF SUCH FITMENT INFORMATION. BTYS SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES AS A RESULT OF A CUSTOMER’S RELIANCE ON THE FITMENT INFORMATION. 

www.bigtexasyardsale.com (the Site) website Information

Product depictions on the BTYS website are for illustrative purposes only. BTYS reserves the right to revise any publishing errors on its website.

Despite our best efforts, occasional pricing errors may occur in the BTYS website. BTYS reserves the right to cancel any orders resulting from or containing such pricing errors, even if customer has already received an order and payment confirmation from BTYS.

We may make other changes to the Site.  Your use of the Site after we post any changes to the terms, conditions and policies on the site constitutes your agreement to those changes. You agree that you do not have any rights in the BTYS Site, including to any content, posts, response or reviews you may have posted on the Site.  You hereby grant BTYS a free, unrestricted, and uncompensated right to reuse the content you posted.

By accessing or linking to the Site, you assume the risk that the information on this Site may be incomplete, inaccurate, out of date or may not meet your needs and/or requirements. We may add, change, discontinue, remove or suspend any of the information, features and other content included in this site at any time, without notice and without liability.

All information provided on the Site is subject to change without notice. While efforts have been made to make the Site helpful and accurate, due to the potential for errors  we do not warrant the accuracy of information obtained from the Site.

Content on the Site is BTYS’s property, including certain graphics, photographs, images, screen shots, text, digitally downloadable files, trademarks, and logos and are protected in the U.S. and internationally under trademark, copyright, and other intellectual property laws.

Product Substitution

While most items we sell are one-of-a-kinds, some products (and country of origin) may be substituted and may not be identical to the website published descriptions and/or images.

Product Compliance and Suitability.

BTYS does not guarantee compliance or suitability of the products it sells with any laws, codes or regulations, nor does BTYS accept responsibility for construction, installation and/or use of a product. It is customer’s responsibility to review the product application and all applicable laws, codes and regulations for each relevant jurisdiction to be sure that the construction, installation, and/or use involving the products are compliant.

Intellectual Property

Customer shall have no right, title, or interest in the trade names, trademarks, trade dress, copyrights, patents, domain names, product names, catalogs or any other intellectual property rights reserved by BTYS. Customer shall have no right to copy or use any of the intellectual property of BTYS without BTYS’s permission.

Force Majeure

BTYS shall not be liable for any delay in, or impairment of, performance resulting in whole or in part from any force majeure event, including but not limited to acts of God, labor disruptions, acts of war, acts of terrorism (whether actual or threatened), governmental decrees or controls, insurrections, epidemics, quarantines, shortages, communication or power failures, fire, accident, explosion, inability to procure or ship product or obtain permits and licenses, inability to procure supplies or raw materials, severe weather conditions, catastrophic events, or any other circumstance or cause beyond the reasonable control of BTYS in the conduct of its business.

Waiver, Choice of Law and Venue

The failure of either party to assert a right hereunder or to insist upon compliance with any term or condition will not constitute a waiver of that right or excuse any subsequent non‑performance of any such term or condition by the other party. All transactions shall be governed by the laws of the State of Texas, excluding its conflict of law rules, and venue shall either be in the state courts in Nueces County, Texas or the federal courts for the Southern District of Texas.

Severability

If any portion of these terms and conditions is found to be invalid or unenforceable by a court of competent jurisdiction, the invalid or unenforceable term shall be severed from these terms and conditions, and the remaining terms and conditions shall be valid and fully enforceable as written.

Modification of Terms

BTYS’s acceptance of any order is subject to customer’s assent to all the terms and conditions set forth on www.bigtexasyardsale.com. Customer’s assent to these terms and conditions shall be presumed from customer’s use of the Site.

Complete Agreement

The terms and conditions incorporated herein constitute the entire and exclusive agreement between customer and BTYS.