The Balcony Garden (ABN 67 627 039 329 ) – Terms and Conditions:
- “Customer” means the person/s buying the Goods as specified in any invoice, document or order, and if there is more than one Customer is a reference to each customer jointly and severally.
- “The Balcony Garden” means the company The Balcony Garden (ABN 67 627 039 329).
- “Goods” means all goods or services supplied The Balcony Garden to the Customer at the Customer’s request.
- “Delivery” has the meaning given in point 3.of these Terms and Conditions.
- “Installation Specifications” has the meaning given in point 6.of these Terms and Conditions.
Full payment of goods is due prior to delivery. We accept the following forms of payment:
- Electronic Funds Transfer
- Credit Card
In order to hold stock we require a 50% deposit with the balance remaining being paid when you’re ready for the stock to be delivered. If stock is unavailable at the time of order a 50% deposit is still required in order to secure inventory when it comes back in stock.
- At The Balcony Garden’s sole discretion the cost of Delivery is either included in the price or is in addition to the price.
- The Customer must take Delivery by receipt or collection of the Goods whenever they are tendered for Delivery. In the event that the Customer is unable to take Delivery of the Goods as arranged then The Balcony Garden shall be entitled to charge 30% restocking fee, and return delivery fees will be charged to the Customer.
- The Company delivers to the kerb only, and does not offer unwrapping and placement of the Goods or the movement of goods through the property e.g. through stairs
- In the event the Customer uses their own transportation for Delivery of the Goods, The Balcony Garden is not viable for any claims against defects/damages to the Goods as a result of Delivery.
Delivery (“Delivery”) of the Goods is taken to occur at the time that:
- The Customer or the Customer’s nominated carrier delivers the Goods at the Customer’s address; or
- The Company (or The Balcony Garden’s nominated carrier) delivers the Goods to the Customer’s nominated address even if the Customer is not present at the address.
- The customer is taken to have exclusively accepted, and is immediately bound by, these terms and conditions if the customer places an order for or accepts delivery of goods.
- These terms and conditions may only be amended with The Balcony Garden’s consent in writing and shall prevail to the extent of any inconsistency with any other document, correspondence or agreement between the customer and The Balcony Garden.
- Defects and Returns
- The Customer must inspect the Goods on Delivery and must notify The Balcony Garden within 24 hours of acceptance of Goods in writing of any evident defect/damage, shortage, or failure to comply with the description or quote.
- If the Customer fails to advise the Company in writing of any matter referred to in clause 5.1. within 24 hours of Delivery, the customer is deemed to have accepted the Goods are not faulty and accord to the Customer’s order.
- The Balcony Garden does not offer an ongoing warranty once the pots (Goods) are installed. This is due to the nature of the pots (Goods) and the exposure to the elements, plants, soil and water.
- Fit for purpose means that the pots (Goods) are fit to do the job, i.e. Hold soil for a plant. A pot (Goods) is still fit for purpose if it has natural deterioration or discolouration due to its use as garden pot.
- The Balcony Garden does not accept returns, exchanges or provide refunds because the Customer changed their mind.
- Full refunds including shipping costs will be available in the instance of a major fault/defect as per Australian Consumer Law.
- Installation Specifications
- The Balcony Garden pots (Goods) may have drainage holes pre drilled or may need them to be drilled. This is to ensure water is free flowing. Check that these holes are not blocked before planting/installing soil.
- Place a single layer of fibreglass fly screen across the internal floor of the pot (Goods). The piece of flyscreen needs to cover the entire floor of the pot (Goods) and must cover the drainage holes. This will keep the large soil particles contained and only allow smaller fine particles to flow through. Make sure you use fibreglass flyscreen and not aluminium. DO NOT use geo-fabric, textile fabric, silt fence, cloth or similar as it will become clogged by silt and roots which will prohibit water from exiting the pot (Goods).
- Install a 100mm layer of 10mm blue metal available from most hardware stores on top of the flyscreen.
- Fill on top of 10mm blue metal with good quality Potting Mix specific soil. Potting Mix is free draining which enables the water to flow through the soil profile. Regular soil/planting mix will act like a sponge resulting in wet feet for the plant and the excess water in the soil which will damage the exterior of the pot (Goods). We recommend a product such as Hortico All Purpose Blend Potting Mix.
- Once planted the pots (Goods) need to be elevated above ground to ensure water isn’t blocked from exiting the drainage holes. There are several ways to elevate your pot however the easiest is to use pot feet or plastic window packers available from most hardware stores. Even if the pot (Goods) is placed on a permeable surface such as decking, turf or in a garden bed it is imperative that the pot is elevated.
- Excess water in the soil profile due to not following the above specifications can adversely affect the structural integrity and the exterior finish of the pot (Goods).
- The Customer is solely responsible for the installation and use of the pot (Goods). The Balcony Garden will not be liable in relation to any installation or use of the pot (Goods) by the Customer or third party which does not comply with the relevant Installation Specification set out in point 6 of the Terms and Conditions.
- Natural Variations in Goods
The Balcony Garden pots are handmade from timber, stone, concrete, fibreglass, polyresin and plastic. As with all handmade products differences in shade tone, markings, veining, colour, size, texture, indentations and general appearance may occur.
The customer acknowledges that goods supplied may:
- Expand, contract or distort as a result of exposure to heat, cold, weather
- Mark or stain when exposed to certain substances
- Be damaged or disfigured by impact or scratching
- Damage or disfigure due to incorrect installation methods
- Have non-structural crazing cracks
- Have scuff marks or slight scratching
All prices are in Australian dollars.
If you have questions or concerns regarding this statement, you should first contact The Balcony Garden on 02 9975 3800 or 03 8306 0544.
Collection of Information
In order to use the The Balcony Garden website, we may require information from you in order to provide the best service possible.
All correspondence may also be collected and stored, particularly in regard to sales, support and accounts, including Email.
Any information collected by The Balcony Garden is collected via correspondence from you or your company. This may be via the telephone, Email, mail, fax or directly through our website.
Use of Collection Information
Any details collected from The Balcony Garden customers is required in order to provide you with our products and/or services, and a high level of customer service.
Correspondence is recorded in order to provide service references, and to assist in our staff development.
Storage of Collected Information
The security of your personal information is important to us. When you enter sensitive information (such as credit card numbers) on our website, we encrypt that information using secure socket layer technology (SSL). When Credit Card details are collected, we simply pass them on in order to be processed as required. We never permanently store complete Credit Card details.
We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it.
If you have any questions about security on our Website, you can email us at firstname.lastname@example.org.
Access to Collected Information
If your personally identifiable information changes, or if you no longer desire our service, you may correct, update, delete or deactivate it by emailing us at email@example.com.
If you purchase a product or service from us, we may request certain personally identifiable information from you. You may be required to provide contact information (such as name, Email, and postal address) and financial information (such as credit card number, expiration date).
We use this information for billing purposes and to fill your orders. If we have trouble processing an order, we will use this information to contact you.
The Balcony Garden uses personally identifiable information for essential communications, such as Emails, accounts information, and critical service details. We may also use this information for other purposes, including some promotional Emails. If at any time a customer wishes not to receive such correspondence, they can request to be removed from any mailing lists by emailing us at firstname.lastname@example.org.
You will be notified when your personal information is collected by any third party that is not our agent/service provider, so you can make an informed choice as to whether or not to share your information with that party.
The Balcony Garden may at its discretion use other third parties to provide essential services on our site or for our business processes. We may share your details as necessary for the third party to provide that service.
These third parties are prohibited from using your personally identifiable information for any other purpose.
The Balcony Garden does not share any information with third parties for any unknown or unrelated uses.
We reserve the right to disclose your personally identifiable information as required by law and when we believe that disclosure is necessary to protect our rights and/or comply with a judicial proceeding, court order, or legal process served on our Website.
Links on the The Balcony Garden site to external entities are not covered within this policy. The terms and conditions set out in this privacy statement only cover the domain name of www.thebalconygarden.com.au.
The Balcony Garden Security Policy
The Balcony Garden uses the eWAY Payment Gateway for its online credit card transactions. eWAY processes online credit card transactions for thousands of Australian merchants, providing a safe and secure means of collecting payments via the Internet.
All online credit card transactions performed on this site using the eWAY gateway are secured payments.
- Payments are fully automated with an immediate response.
- Your complete credit card number cannot be viewed by The Balcony Garden or any outside party.
- All transactions are performed under 128 Bit SSL Certificate.
- All transaction data is encrypted for storage within eWAY’s bank-grade data centre, further protecting your credit card data.
- eWAY is an authorised third party processor for all the major Australian banks.
- eWAY at no time touches your funds; all monies are directly transferred from your credit card to the merchant account held by The Balcony Garden.
For more information about eWAY and online credit card payments, please visit www.eWAY.com.au
Garden Pots & Planters
After ordering online, you will receive an email confirmation from eWAY containing your order details (if you have provided your email address). We will normally confirm receipt of your order within a few minutes of ordering. We will attempt to send your goods via 3rd party transport/shipping company within 2 working days; however if goods are unavailable delivery will take a little longer. You should expect to receive your goods ordinarily within 5 days of your purchase.
If you wish to query a delivery please contact us at email@example.com.