Terms & Conditions

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” 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.

Payment

Full payment of goods is due prior to delivery. 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
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.

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 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.
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 old pot, re-install new pot, re-install soil & plants.
Any modifications or changes made to the pots (Goods) will automatically void all warranty. 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-frabric.
Pots (Goods) are not designed to be “plumbed up”/connected directly to a 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 warranty.

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.
Any modifications or changes made to the pots (Goods) will automatically void all warranty. 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-frabric.
Pots (Goods) are not designed to be “plumbed up”/connected directly to a 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 warranty.

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

The Tommaso range is manufactured from galestro clay, a material that naturally leaches mineral salts. This efflorescence will appear as a white marking on the exterior of the pot when dry. This is a natural effect on the material and is in no way to be considered a defect.

Prices

All prices are in Australian dollars.

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