Terms of service

The Balcony Garden (ABN 67 627 039 329 )

Definitions

“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” means the transportation of the Goods from The Balcony Garden to the Customer.
“Installation Specifications” has the meaning of the subheading Installation Instructions of these Terms and Conditions.

Payment

Full payment of goods is due prior to delivery. Payment is due within 14 days from the date of the invoice. This invoice is valid for acceptance and payment for 14 days from the date of issue. After this period, the invoice may be subject to review and adjustment. Invoices generated during a sale period are valid only for the duration of the sale and must be paid within 24 hours.

We accept the following forms of payment:

Electronic Funds Transfer

Credit Card

Eftpos

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.

Delivery

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

The Goods will be packaged and dispatched in a manner that will best ensure safe transit and delivery. This may include being on a pallet. The Balcony Garden cannot remove from the delivery site any packaging (including pallets) involved in the delivery. Disposal and removal of packaging will be at the customer's organisation and cost.
In the event the Customer uses their own transportation for Delivery of the Goods, The Balcony Garden is not liable 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 Balcony Garden uses a 3rd party transport provider who is responsible for assigning which postcodes fall within each zone. We are, therefore, unable to reassign your postcode to a different zone. We apologise if you feel your postcode has been incorrectly allocated; however it is outside our control.

The shipping rates and conditions listed on the delivery page supersede all previous rates and conditions as listed on our website, social media, print media and anything else released by TBG APAC PTY LTD t/a The Balcony Garden.

YouTube videos: Please note that our shipping policy has changed and the free shipping statement at the end of the videos is no longer accurate.

More information is available via our Delivery page.

Acceptance

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 notify The Balcony Garden within 24 hours of acceptance of Goods in writing 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 a 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.
Should a valid warranty claim be made, The Balcony Garden (Company) is not liable for any costs associated or incurred by the customer as a result of removing & re-installation of faulty pots. An example of this would be the costs incurred by a customer to remove soil, discard of the old pot, re-install new pot, re-install soil & plants.
Should the customer cancel an order or request a refund, the customer will incur the payment processing charges of 1.6% + $0.30.

Installation Specifications

Once the pots (Goods) have been delivered, the plastic wrapping around each individual pot MUST be removed. The wrapping intends to keep the pots (Goods) clean in our warehouse and during planting and damage the painted finish if left on once delivered.

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. You can obtain this screen from The Balcony Garden. DO NOT use geo-fabric, textile fabric, silt fence, cloth or similar as it will become clogged by silt and roots, prohibiting water from exiting the pot (Goods).
Fill 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).
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. You can also obtain these from The Balcony Garden. Even if the pot (Goods) is placed on a permeable surface such as decking, turf, or 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 pot's structural integrity and exterior finish (Goods).
The Customer is solely responsible for the installation and use of the pot (Goods). The Balcony Garden will not be liable for any installation or use of the pot (Goods) by the Customer or third party that does not comply with the relevant Installation Specification.
Any modifications or changes made to the pots (Goods) will automatically void all warranties. Examples of modifications include but are not limited to; bogging/filling the drainage holes, drilling additional holes, painting, cutting, filling the pot (Goods) with a layer of concrete, or using geo-fabric.
Pots (Goods) are not designed to be “plumbed up”/connected directly to a drainage system such as PVC pipe. The pots (Goods) are designed to be elevated on pot feet/plastic packers to encourage the water to freely drain away. Pots (Goods) that are directly plumbed up/connected to a drainage system/PVC pipe are automatically void of all warranties.

Natural Variations in Goods

The Balcony Garden pots are handmade from 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 disfigured due to incorrect installation methods
Have non-structural crazing cracks
Have scuff marks or slight scratching

The Bad Names Range of planters are handmade and fired in rustic brick kilns. As such the appearance and shape can vary greatly, this is what makes them unique. Variation will be seen in the level of gloss/matte, the amount of white, the consistency of the coverage of white, and the overall shape of the planter. Some planters will be more green than others. Some planters will have white only on one side of them. To view examples of the level of variation in more detail please visit this page.

Prices

All prices are in Australian dollars.

Promotions:

All promotions do not apply to trade or wholesale unless otherwise noted.

The Balcony Garden reserves the right to exclude products and inventory from discounts and promotions.

Products 'on sale'

While stocks last. We are unable to hold sale items and they need to be packed and dispatched asap.

The Balcony Garden x CULTIVER ‘Enjoy Life Outdoors’ Giveaway

The competition will start on Monday 19th February and end on Sunday 25th February 2024 at 11.59pm AEST.

Entry is only open to Australian residents who must be over 18. To enter, the entrant must visit the competition page, follow the instructions on the entry page and complete and submit the online entry form during the above dates. Entrants must enter online, and follow The Balcony Garden and CULTIVER Instagram accounts and tag two friends to be eligible. The winner will be drawn at random. The total prize pool is $1,000. The vouchers exclude shipping costs. The vouchers must not be resold and not redeemable for cash or credited into an account. Must be redeemed before the expiry date. Excludes entries from WA/NT/TAS. The winner will be notified by email on Monday 26th February. The winner must acknowledge contact from The Balcony Garden by Friday 23rd February, otherwise, the winner will be redrawn. If the winner chooses not to take their prize (or is unable to) or does not take or claim a prize by the time specified, they forfeit the prize and The Balcony Garden & CULTIVER are not obligated to substitute the prize. Entrants' personal information will be collected by The Balcony Garden & CULTIVER, and this information may be used for future marketing purposes. This promotion is in no way sponsored, endorsed or administered by, or associated with Instagram.

Promotions – $50 off

Minimum spend of $500 or more. Excludes delivery costs. Not in conjunction with any other offer or eGift cards. Limited to one use per customer. Offer limited to one use per address or household. Please don't place multiple orders so you can use the code multiple times - it's just not cool. The offer does not apply to products marked as 'on sale' or 'limited time only'. The offer code is valid for 30 days. As of 8th July 2021, the minimum required spend is $500 to qualify for $50 off. This offer isn't valid during Black Friday promotional period.

Promotions – 10% off

Minimum spend of $500 or more. Excludes delivery costs. Not in conjunction with any other offer. Limited to one use per customer. Offer limited to one use per address or household. Please don't place multiple orders so you can use the code multiple times - it's just not cool. The offer does not apply to products marked as 'on sale' or 'limited time only'. The offer code is valid for 30 days. As of 8th July 2021, the minimum required spend is $500 to qualify for 10% off. This offer isn't valid during Black Friday promotional period.

Promotions – Black Friday / Cyber Monday

Excludes delivery costs. Not in conjunction with any other offer. While stocks last. Some product exclusions apply. Offer available in-store and online. Any items out of stock during BFCM will not be eligible for the prices listed. Promotional prices are not available at stockist locations. Offer available from 1st Nov - 27th Nov, 2023.

Our 3rd party transport partners charge us based on factors such as volume, weight, and handing. Therefore, each order will incur its own delivery fee. The good news is that you are already saving up to 75% off your pots.

Promotions – Thank you

Minimum spend of $500 or more. Excludes delivery costs. Not in conjunction with any other offer. Limited to one use per customer. Offer limited to one use per address or household. The offer does not apply to products marked as 'on sale' or 'limited time only'. The offer code is valid for 1 year. This offer isn't valid during Black Friday promotional period.

Promotions – Spring Warehouse Sale

50% off excludes Bad Names Range & Accessories. Minimum spend $500. Offer available online. While stocks last. This is not a physical warehouse sale. Not in conjunction with any other offer. Sale dates are from Friday 1st September to Sunday 3rd September.

Promotions – Free Liquid Plant Food 100ml

While stocks last. One gift per person and one address/household. Not in conjunction with any other offer. Offer available online. Offer runs until August 31st.

Promotions – JITT Gift With Purchase

Gift with purchase is a 280mm dia in White, Charcoal or Concrete Grey. While stocks last. One gift per person and one address/household. Not in conjunction with any other offer. Minimum spend of $500. Please don't place multiple orders so you can use the code multiple times - it's just not cool. Offer available instore and online. Limited stock available in Richmond Showroom. Offer runs from 17th - 30th of July, 2023.

Promotions – Three Birds Renovations

Limit one per customer. Not in conjunction with any other offer. The Balcony Garden may close this offer at any time without notice. The offer does not apply to products marked as 'on sale' or 'limited time only'. Excludes delivery costs.

Promotions – GWA

Limit one per customer. Not in conjunction with any other offer or sale period. The Balcony Garden may close this offer at any time without notice. The offer does not apply to products marked as 'on sale' or 'limited time only'. Excludes delivery costs.

Promotions – Limited Edition Products

The Balcony Garden may close this offer at any time without notice. The Balcony Garden reserves the right to reclassify 'limited edition products' as our core range. The Balcony Garden reserves the right to change the pricing at any time without notice. Discounts and coupon codes are not applicable to products marked 'limited time only'. Not in conjunction with any other offer.

Promotions – Abandoned Cart Offer

Promotions – Post Purchase Google Review Offer

Minimum spend of $500 or more. Not in conjunction with any other offer. Limited to one use per customer. Offer limited to one use per address or household. Please don't place multiple orders so you can use the code multiple times - it's just not cool. The offer does not apply to products marked as 'on sale' or 'limited time only'. The offer code is valid for 30 days from date of purchase.