Términos del servicio

OVERVIEW
This website is operated by The Balcony Garden USA. Throughout the site, the terms “we”, “us” and “our” refer to The Balcony Garden USA. The Balcony Garden USA offers this website, including all information, tools and Services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and Services to you.

SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse Service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or Services may be available exclusively online through the website. These products or Services may have limited quantities and are subject to return or exchange only according to our Refund Policy: [LINK TO REFUND POLICY]
We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any colour will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or Service made on this site is void where prohibited.
We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more details, please review our Refund Policy: [LINK TO REFUND POLICY]

SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new Services and/or features through the website (including the release of new tools and resources). Such new features and/or Services shall also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS
Certain content, products and Services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or Services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, Services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy, which can be viewed here: [LINK TO PRIVACY POLICY]

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and Services delivered to you through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall The Balcony Garden USA, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, Service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless The Balcony Garden USA and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, Service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of United States.

SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at info@thebalconygarden.com.au.
Our contact information is posted below:
TBG APAC PTY LTD ta The Balcony Garden
info@thebalconygarden.com.au
9/19 Rodborough Rd Frenchs Forest, Australia 2086
+61 02 8363 1144
ABN 67 627 039 329

SECTION 21 - VAT

VAT will not be refunded post-purchase if a valid VAT number was not validated before checkout.

The Balcony Garden — Terms & Conditions of Sale (EU)

Last updated: 24/06/2026

These Terms & Conditions ("Terms") govern the sale of goods through thebalconygarden.eu (the "Site") to consumers resident in the European Union. Please read them carefully before placing an order. By placing an order you agree to be bound by these Terms.

Nothing in these Terms affects your mandatory statutory rights as a consumer under EU law or the law of your country of residence. Where any provision of these Terms conflicts with those rights, your statutory rights prevail.

1. Who we are

The Site is operated by:

The Balcony Garden EU ("we", "us", "our")

You can contact us at the email above for any question about your order or these Terms, and we will confirm receipt of any formal communication without undue delay.

2. The products

We sell designer garden pots, planters and related goods. Product images, dimensions, colours and finishes are described as accurately as possible, but because many items are made from natural materials (stone, clay, concrete and similar), some variation in colour, texture, finish and exact dimensions is inherent and is not a defect. Screen rendering of colour may also differ from the physical product.

Where an item is made to order or bespoke to your specification, this is clearly indicated on the product page, and different cancellation rules apply (see section 8).

3. Prices, VAT and promotions

3.1 Prices are shown in Euro and include VAT at the applicable rate, unless stated otherwise at checkout.

3.2 Delivery charges are shown separately before you confirm your order and are payable in addition to the product price unless a free-delivery offer applies.

3.3 VAT is collected at checkout unless you enter a registered VAT number at checkout.

3.4 Promotional pricing. Where we advertise a price reduction (for example a pre-order or sale discount), any "was" or reference price we display will be the lowest price we charged for that item in the 30 days before the reduction, in line with EU price-indication rules. We will not display a struck-through or "was" price that does not reflect a genuine prior price.

3.5 We take reasonable care to ensure prices are correct, but if we identify a genuine and obvious pricing error after you order, we will contact you before dispatch to confirm whether you wish to proceed at the correct price or cancel for a full refund.

4. How a contract is formed

4.1 Your order is an offer to buy. After you place an order we will send an order acknowledgement by email. This acknowledgement confirms receipt of your order but does not by itself form a contract.

4.2 A binding contract is formed only when we send you a dispatch confirmation (or, for pre-orders, when we accept your order as set out in section 5). We may decline an order before that point — for example if the item is unavailable, if we cannot deliver to your location, or in the case of a pricing error.

5. Pre-orders

Some items may be offered for pre-order while they are out of stock or before they arrive in our warehouse. The following applies to pre-orders in addition to the rest of these Terms.

5.1 Estimated dispatch date. The product page and your order confirmation will show an estimated dispatch or "ships by" date. This is our good-faith estimate based on current supplier and shipping timelines. We will keep you informed if the estimate changes.

5.2 Payment. May vary from payment required in full to part payment.

5.3 Delivery timeframe and your right to cancel for late delivery. We will dispatch pre-ordered goods by the date agreed, or if no date is agreed, without undue delay and in any event within 90 days of the contract. If we cannot meet that timeframe, you may give us an additional reasonable period to deliver; if we still fail to deliver within that period, you are entitled to cancel the order and receive a full refund of all sums paid, including any deposit.

5.4 Refunds or returns. There are no refunds or returns for pre-orders.

5.5 Cap on availability. Pre-order quantities may be limited. If we accept more pre-orders than we can fulfil, we will offer affected customers a full refund or the choice to wait for the next stock arrival.

6. Delivery

6.1 We deliver to most of Europe. Delivery options, costs and estimated timeframes are shown at checkout.

6.2 We will deliver without undue delay and, unless a longer period is agreed (including for pre-orders), within 90 days of the contract being formed.

6.3 Risk in the goods passes to you when you, or a third party nominated by you (other than the carrier), take physical possession of the goods.

6.4 Transit damage. Please inspect your delivery on arrival. If goods arrive damaged, contact us at info@thebalconygardeneu within 24 hours of delivery with photographs, and we will arrange a replacement, repair or refund at no cost to you. This does not affect your statutory rights.

6.5 If delivery is delayed by an event outside our reasonable control, we will contact you as soon as possible and take steps to minimise the delay.

7. Right of withdrawal (14-day cooling-off)

7.1 If you are a consumer, you have the right to withdraw from the contract within 14 days without giving any reason, in accordance with the EU Consumer Rights Directive.

7.2 The withdrawal period expires 14 days after the day on which you (or a third party nominated by you) take physical possession of the goods. Where goods in one order are delivered separately, the period runs from possession of the last item.

7.3 How to withdraw. To exercise the right, tell us of your decision by a clear statement — for example an email to info@thebalconygarden.eu — before the period expires. You may use the model withdrawal form in the Appendix, but you are not obliged to. We will confirm receipt of your withdrawal without delay.

7.4 Returning the goods. You must send the goods back without undue delay and in any event within 14 days of telling us you are withdrawing. [STATE WHO PAYS RETURN COSTS: e.g. "You are responsible for the direct cost of returning the goods" — and, because some items are large and heavy, state the estimated return cost or your arranged-collection process here, as required by EU rules when that cost cannot be reasonably calculated in advance.]

7.5 Store Credits. We will credit all payments received from you, including standard delivery costs (but not any extra cost arising from your choosing a more expensive delivery option than our standard one), without undue delay and within 30 days of the day we are informed of your withdrawal. We may withhold the refund until we have received the goods back or you have supplied proof of return, whichever is earlier. We will use the same payment method you used, unless you agree otherwise; the refund costs you nothing.

7.6 Diminished value. You may handle the goods only as you would in a shop to establish their nature and characteristics. You may be liable for any reduction in value resulting from handling beyond that.

8. Exceptions to the right of withdrawal

The 14-day right of withdrawal does not apply to goods that are made to your specifications or clearly personalised / bespoke. Such items are identified as made-to-order on the product page. This exception does not affect your rights if the item is faulty or not as described.

9. Faulty goods — legal guarantee of conformity

9.1 We are under a legal duty to supply goods that conform with the contract. Under EU law you are entitled to a legal guarantee of conformity of at least two years from delivery. [Note: some member states provide longer or additional rights — your country of residence may give you more.]

9.2 If goods are faulty, not as described, or otherwise do not conform, you are entitled to have them brought into conformity — normally by repair or replacement — and, where appropriate, to a price reduction or to cancel the contract for a credit, in accordance with your statutory rights.

9.3 These rights are free of charge and are in addition to, and not limited by, the right of withdrawal in section 7 or any commercial guarantee in section 10.

10. Commercial guarantee / warranty

2 Year warranty

11. Our liability

11.1 We are responsible for foreseeable loss and damage caused by us where we fail to comply with these Terms or act without reasonable care and skill.

11.2 We do not exclude or limit our liability where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence, for fraud, and for any matter for which it would be unlawful to exclude or attempt to exclude our liability.

11.3 We are not liable for business losses; we supply the products for domestic and private use.

12. Your data

We process your personal data in accordance with the General Data Protection Regulation (GDPR) and our Privacy Policy. Please read it to understand how we collect, use and protect your information.

13. Complaints and dispute resolution

13.1 If you have a complaint, please contact us first at [EMAIL] so we can try to resolve it directly. We aim to acknowledge complaints within [NUMBER] working days.

13.2 If we cannot resolve your complaint, you may be able to refer it to an alternative dispute resolution (ADR) body in your country of residence. A directory of national consumer dispute-resolution bodies is maintained by the European Commission and national European Consumer Centres (ECC-Net), which can also assist with cross-border disputes.