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.

2-Year Warranty Against Defects

thebalconygarden.com.au

1. Your rights under the Australian Consumer Law

This warranty is a voluntary commitment provided by The Balcony Garden ("the Company"). It exists in addition to, and does not limit or replace, your rights under the Australian Consumer Law (ACL).

Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

Nothing in this document excludes, restricts or modifies any consumer guarantee, right or remedy you have under the ACL or any other law. Where any term of this warranty is inconsistent with the ACL, the ACL prevails to the extent of the inconsistency.

This voluntary warranty applies to purchases made on or after 5th June 2026.

2. Warranty period and commencement

The Company provides a voluntary warranty against defects for a period of 24 calendar months.

  • Commencement date: The warranty period begins on the date of purchase (the date of the original sales invoice).
  • No extensions: This period is not extended or reset by the date you first use the product, the date of physical delivery, or any period during which the product is in storage.
  • Replacement terms: Any replacement product provided under this voluntary warranty is covered for the remaining balance of the original 24-month period from the original purchase date.

This 24-month period applies to the Company's voluntary warranty only. Your separate rights under the ACL are not limited to 24 months — consumer guarantees apply for whatever period is reasonable given the nature and price of the product.

3. What this warranty covers

This voluntary warranty covers manufacturing defects in materials and workmanship that appear during normal residential use. Cover applies to structural failures (such as spontaneous splitting or material disintegration) that are a direct result of the manufacturing process.

4. What this warranty does not cover

The following are not covered by this voluntary warranty. (This section limits the Company's voluntary warranty only. It does not affect your rights under the ACL.)

  • General wear and tear: Gradual aesthetic or material change inherent to outdoor use is not a manufacturing defect. This includes UV-related colour fading, surface "chalking", patina, oxidation, minor surface scratches, dents, or chips that do not compromise structural integrity.
  • Efflorescence: The appearance of white, powdery salt deposits (efflorescence) is a natural material occurrence and is not covered.
  • Root pressure: Structural failures caused by the biological expansion of root systems — for example, cracking or splitting due to internal pressure from roots, or failure to re-pot a plant that has outgrown its container.
  • Maintenance and misuse: Damage resulting from improper drainage (such as failing to keep drainage holes clear), the use of unsuitable filling materials, placement on shifting or uneven ground, or extreme weather events.
  • Unauthorised modification: Damage arising from modifications such as painting or drilling.
  • Commercial use: This voluntary warranty is intended for residential use. Use of the product in a commercial environment (such as hospitality or public spaces) falls outside the scope of this voluntary warranty. (Your ACL rights still apply where the ACL applies to your purchase.)

5. Our remedy under this warranty

For a valid and approved claim, the Company will provide a replacement pot delivered to your original Australian shipping address.

  • Labour and ancillary costs: This voluntary warranty covers the replacement product only. It does not cover the labour of removing old plants, disposal of soil, re-potting, or any third-party gardening or landscaping services.
  • Plant health: This voluntary warranty does not cover transplant shock or the health, survival, or loss of any plant material associated with re-potting or relocation.

These limits apply to the Company's voluntary warranty only. They do not limit any remedy available to you under the ACL, including your entitlement to compensation for reasonably foreseeable loss or damage resulting from a failure of the goods. If you are entitled to a remedy under the ACL, that remedy applies regardless of the limits in this section.

6. Remedy protocol and out-of-stock policy

  • Replacement: The primary remedy under this voluntary warranty is delivery of an identical replacement product.
  • Comparable offer: If the identical model, size or colour is out of stock or discontinued, the Company may provide a replacement of comparable function and retail value.
  • Refund: If no comparable replacement is available, the Company will offer a refund of the original purchase price paid for the product.

(Where the ACL gives you a right to choose a refund — for example, for a major failure — that right applies regardless of this section.)

7. How to make a claim

To make a claim under this voluntary warranty:

  1. Notify the Company in writing within a reasonable time of discovering the issue, using the contact details below.
  2. Provide a copy of your original sales invoice as proof of purchase date.
  3. Submit clear, high-resolution photographs showing (a) the defect in detail, (b) the pot in its entirety as currently planted, and (c) the environment where the pot is situated.
  4. Retain the product for inspection if requested by the Company.

8. Benefits additional to your statutory rights

The benefits given to you by this warranty are in addition to other rights and remedies you have under a law in relation to the goods.

9. Guarantor details

The Balcony Garden ABN 67 627 039 329

9/19 Rodborough Rd Frenchs Forest, NSW, 2086

 Phone: (02) 8363 1144 Email: info@thebalconygarden.com.au

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.

If a delivery scheduled on a pre-arranged date cannot be completed because the recipient is not available to accept it, a second delivery attempt can be arranged at an additional cost. The customer will be responsible for any extra charges The Balcony Garden incurs for the re-delivery. We will send you proof of the costs, which you will need to pay before the re-delivery is booked.

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.

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.

Pre-Order Terms & Conditions — The Balcony Garden (AU)

Last updated: 11/06/2026

These terms apply to all pre-orders of The Balcony Garden products, whether placed online at thebalconygarden.com.au, by phone or email, or in person through our Sydney or Melbourne showrooms or trade team. By placing a pre-order, you agree to these terms. Where these terms conflict with our standard Returns Policy, these terms apply to your pre-order.

1. What a pre-order is

A pre-order is an order for a product that is not yet in stock. Pre-order items are typically in production or in transit from our manufacturing partners overseas. When you place a pre-order, you are reserving stock from an incoming shipment.

2. Payment

Full payment is required at the time you place your pre-order, unless we have agreed in writing to a deposit arrangement. 

3. No change-of-mind returns on pre-orders

Our standard 7-day returns policy does not apply to pre-ordered items. Pre-orders are final sale for change of mind. This means:

  • You cannot cancel a pre-order or request a refund because you have changed your mind, no longer need the item, found it cheaper elsewhere, or ordered the wrong size, colour, or finish.
  • Pre-ordered items cannot be returned or exchanged after delivery for change of mind.

We commit to stock and freight on the strength of pre-orders, which is why they are treated differently from in-stock purchases. Please choose carefully — our team is happy to confirm dimensions, finishes, and suitability before you order.

Nothing in this clause limits your rights under the Australian Consumer Law (see clause 5).

4. Estimated delivery dates

Any delivery or arrival date we provide for a pre-order is an estimate only. Estimates depend on manufacturing and international freight schedules and may change. We will keep you informed of any material change to your estimated delivery window.

If we are unable to supply your pre-order within a reasonable time of the estimated date (or any revised date you have agreed to), you may cancel the affected items for a full refund of amounts paid for those items.

5. Your rights under the Australian Consumer Law

Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

These pre-order terms exclude change-of-mind returns only. If your pre-ordered item arrives damaged, is faulty, is not as described, or is not the item you ordered, your consumer guarantee rights apply in full alongside our standard warranty.

Please inspect your order on delivery and report any damage to info@thebalconygarden.com.au within 24 hours, with photos where possible.

6. Cancellation by us

If we cancel your pre-order for any reason — for example, a product is discontinued or a shipment cannot be fulfilled — we will refund all amounts you have paid for the affected items in full.

7. Changes to your pre-order

At our discretion, we may allow you to transfer a pre-order to a different product or to store credit before your order ships. Any agreed transfer is subject to price differences and availability. We are not obliged to offer transfers, and store credit issued this way.

8. Risk and title

Title to pre-ordered items passes to you on receipt of full payment. Risk passes to you on delivery to your nominated address (or on collection, for showroom or trade orders).

e-Gift Card Terms and Conditions

e-Gift Cards can be redeemed for any purchase made at The Balcony Garden.

e-Gift Cards are non-refundable, non-transferable, and cannot be exchanged for cash.

The Balcony Garden is not responsible for lost or stolen e-Gift Cards, and replacements will not be issued.

e-Gift Cards are valid for 3 years from the date of purchase.

Store Credit Notes Terms & Conditions 

Store credit is issued at the discretion of The Balcony Garden and is valid for 12 months from the date of issue.

After this period, any unused balance will expire and cannot be redeemed. Store credit is not transferable, not redeemable for cash, and will not be replaced if lost, stolen, or expired.

Prices

All prices are in Australian dollars.

Plants for Sale - Melbourne Showroom

Plants purchased from The Balcony Garden cannot be returned or exchanged. The onus is on the customer to care for and maintain them. Once they leave the showroom we are not liable to offer a replacement or reimbursement if they are not satisfied with their health.

 

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.

All gifts with purchase are one per order and/ or one per customer unless otherwise specified.

Sales and promotions are available for in stock items only and cannot be applied to backorders and restock notifications.

All orders placed during a promotional period must be shipped or collected from our Melbourne warehouse immediately. A 5% holding charge may be issued at the discretion of The Balcony Garden.

Website Sign Up Offer

Minimum spend of $300 or more. Excludes delivery costs. Excludes accessories. Excludes plants. 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. This offer isn't valid during Black Friday promotional period. Excludes plant sales from Melbourne showroom. 

Virtual Styling Consultations

By booking and paying the styling deposit, you (the "Client") agree to the following terms and conditions provided by (the "Company").

1. Scope of Service: "Styling Advice Only"

The Virtual Styling Consultation is a high-efficiency, 15-minute advisory session. The primary objective is to provide aesthetic guidance and validate product selection for your specific outdoor space.

  • Verbal Advice: You will receive one-on-one verbal recommendations regarding the scale, material, color, and arrangement of our planters.

  • No Tangible Deliverables: IMPORTANT. This service does not include the provision of any physical or digital design documents. You will not receive:

    • Floor plans or spatial layouts (2D or 3D).

    • Design sketches or mood boards.

    • A written "Scope of Work" or technical installation guide.

    • 3D renderings or "virtual staging" images.

2. Post-Meeting Deliverables

The only written material provided after the consultation is a Product Quote. This quote will list the specific planters discussed during the call and provide a direct path to purchase via our online store.

3. Styling Deposit & Redemption Policy

  • Commitment Fee: A deposit of $50 is required at the time of booking. This fee covers the stylist's time for pre-meeting preparation and the 15-minute live session.

  • Redeemability: The $50 deposit is fully redeemable as a credit toward any purchase of our products made within 14 days of your consultation date.

  • Non-Refundable: The deposit is strictly non-refundable in the event of a change of mind or if you choose not to purchase any products.

4. Horticultural Disclaimer

We are architectural styling experts, not horticulturalists.

  • No Plant Advice: We do not provide advice on plant species selection, plant health, soil requirements, or pest control.

  • Climate Responsibility: Recommendations are made for the aesthetic suitability of the planters. The Client is solely responsible for consulting a regional nursery expert regarding the survival and suitability of specific plants for their local climate and sun exposure.

5. Structural and Site Constraints

  • Weight Restrictions: The Client is responsible for ensuring their space (e.g., balcony, roof terrace, or deck) can safely support the weight of the recommended planters once they are filled with soil and water.

  • Access Requirements: The Client must confirm that the dimensions of the recommended products will fit through all necessary access points (doors, elevators, stairwells).

6. Cancellations and No-Shows

  • Rescheduling: You may reschedule your appointment once, provided at least 48 hours' notice is given.

  • Late Arrivals: If you are more than 5 minutes late to the video call, the session will be cancelled, and the styling deposit will be forfeited to cover the allocated time.

  • Pre-Meeting Info: We reserve the right to cancel appointments if the requested photos and space information are not submitted at least 24 hours prior to the call.

7. Limitation of Liability

Advice is provided for visual and styling purposes only. To the extent permitted by law (including the Australian Consumer Law), the Company is not liable for any loss or damage resulting from the Client’s reliance on verbal advice or for any structural issues arising from the placement of products.