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 in accord to the Customer’s order.

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.

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-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 warranty.

In some cases, at the discretion of The Balcony Garden®, we may agree to cancel an order. If a cancellation is approved, a cancellation fee of 5% of the total order value or $100 EUR (whichever is greater) will apply to cover administrative and payment processing costs. This fee will be deducted from your store credit. 

The Balcony Garden® shall be entitled to charge 30% restocking fee, and return delivery fees will be charged to the Customer for any returns.

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

  

2-Year Commercial Warranty

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1. Statutory Rights Disclosure (Mandatory EU Notice)

This 2-year commercial warranty is a voluntary contractual commitment provided by The Balcony Garden® ("the Company"). It exists in addition to, and does not limit or affect, your non-waivable statutory rights under the European Union Legal Guarantee of Conformity (Directive (EU) 2019/771). By law, consumers are entitled to remedies from the seller free of charge for any "lack of conformity" that exists at the time of delivery and becomes apparent within a minimum of two years. Valid from purchases made after 30th January 2026 only.

2. Fixed Warranty Period and Strict Commencement

The duration of this commercial warranty is exactly 24 calendar months.

• Commencement Date: The warranty clock begins strictly on the date of purchase (the date of the original sales invoice), regardless of the date of delivery or when the product is unpacked.4

• No Extensions or Resets: This period is absolute and fixed. It is not subject to extension or "reset" if a replacement is provided; any replacement Product remains covered only for the remaining balance of the original 24-month term.

• Storage Impact: The warranty clock runs continuously while a product is in storage. The Company assumes no liability for deterioration occurring while a product remains in its packaging or is stored prior to use.

3. Subjective Definitions of Coverage

Coverage is limited exclusively to manufacturing defects in materials and workmanship that render the pot structurally unfit for its intended purpose under normal residential conditions. A "manufacturing defect" is defined solely as a failure originating from the production process that manifests despite the customer's strict adherence to the Company’s safe planting and maintenance guidelines.

4. Comprehensive Exclusions and Voiding Conditions

To minimize the occurrence of invalid claims, the following conditions are expressly excluded and will result in the immediate forfeiture of warranty rights:

• General Wear and Tear: Any aesthetic or material degradation resulting from natural aging or outdoor exposure is excluded. This includes UV-related color fading, surface "chalking," patina development, oxidation, the natural appearance of efflorescence (salt deposits), and minor cosmetic blemishes such as superficial scratches, dents, or chips that do not compromise the structural integrity of the container.

• Biological Expansion (Root Pressure): The Company does not guarantee the structural integrity of a Product against the biological load of expanding plant material. This warranty is void in cases of structural failure (cracking or splitting) caused by internal radial pressure from root systems or the failure of the customer to monitor growth and re-pot a plant that has outgrown the container.7

• Maintenance & Installation Negligence: Damage resulting from inadequate drainage (e.g., failure to remove drainage plugs in frost-prone areas), the use of improper filling materials (e.g., heavy gravel or rocks), placement on unstable, uneven, or shifting surfaces, or movement of the supporting ground is not covered.

• Unauthorized Modifications: Any alteration to the Product, including but not limited to drilling additional holes, painting, or the application of unapproved surface treatments, immediately voids this warranty.

• Commercial Use: This warranty is valid for residential use only. Products utilized in commercial environments (e.g., restaurants, public spaces) are subjected to accelerated wear and are not covered.

5. Limitation of Liability: "Component-Only" Replacement

In the event of a valid and Company-approved claim, liability is strictly limited to the physical delivery of a replacement Product to the customer’s original shipping address.

• No Labor Liability: The Company assumes no responsibility for, and will not reimburse, any labor costs. This includes the removal of plants, the disposal of soil, the labor of re-potting, or any professional gardening services.

• Plant Health & Survival: The Company is not liable for "transplant shock," the health, the survival, or the total loss of any plant material associated with the re-potting process necessitated by a warranty claim.

• Indirect Damages: The Company disclaims all liability for incidental, indirect, or consequential damages, including damage to flooring, surrounding property, or financial losses arising from Product failure.

6. Remedy Protocol and Stock Contingencies

1. Replacement: The primary remedy is the delivery of an identical replacement Product.

2. Discontinued Items: If the original model, size, or color is out of stock or discontinued, the Company reserves the right to provide a replacement of comparable functionality and retail value.

3. Refund Limitation: A full refund of the original purchase price will only be offered if a comparable replacement is unavailable within a reasonable timeframe (not exceeding 30 days) from the date the claim is validated.

7. Claim Procedure and Evidentiary Requirements

The burden of demonstrating a manufacturing defect resides entirely with the customer. To initiate a claim, you must:

1. Notify our support team in writing within 30 days of discovering the defect.7

2. Provide the original sales invoice as the only acceptable proof of purchase.4

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/surface where the pot is situated. Failure to provide photographic context of the planting method may result in the denial of the claim.

4. Retain the defective product for potential inspection or return to the Company at the Company’s request.

14-Day Return Policy (Right of Withdrawal)

1. 14-Day Right of Withdrawal Window Under Directive 2011/83/EU, the consumer has the right to withdraw from this contract within 14 calendar days without providing any justification.   

• Commencement: The withdrawal period expires 14 days from the day the consumer (or a designated third party) obtains physical possession of the Product.

• Notification: To exercise this right, the consumer must inform the Company via an unequivocal written statement (e.g., an emailed letter) within this 14-day window.

2. Financial Burden - Return Shipping Costs As permitted by Article 14(1) of Directive 2011/83/EU, the Company does not offer free returns for change-of-mind withdrawals.

• Customer Responsibility: The consumer shall bear the entire direct cost of returning the goods.

• Logistical Warning: Given the significant weight and fragility of horticultural containers, return shipping costs via specialized freight or tracked courier services may be high. The consumer is advised to obtain a shipping quote before initiating a return.

3. Liability for Diminished Value (Deduction Rules) The consumer is only permitted to handle the Product to the extent necessary to establish its nature, characteristics, and functioning—equivalent to what would be allowed in a physical retail shop.

• Handling Restriction: Placing soil in the pot, planting, or placing the pot in an outdoor environment is considered "handling beyond what is necessary."

• Refund Deductions: If the Product is returned in a condition that reduces its resale value, the Company is legally entitled to deduct the diminished value from the refund. This deduction may reach 100% of the purchase price if the Product is no longer in a "new and saleable" condition due to scratches, soil stains, or chips.

4. Risk of Loss and Packaging Requirements The risk of return resides entirely with the consumer until the Product is safely received at the Company’s warehouse.

• Transit Damage: If the Product arrives back at our facility damaged or broken due to inadequate repacking, no refund will be issued. The consumer will be responsible for filing a claim with their chosen carrier.

• Packaging: The Product must be returned in professional-grade protective packaging (e.g., secured on a pallet or in double-walled reinforced boxes) to prevent transit failure.

5. Refund Limitations

• Original Shipping: The Company will refund the original purchase price plus the cost of standard delivery (the cheapest option offered at purchase). Supplemental costs for express delivery are non-refundable.

• Withholding: The Company reserves the right to withhold the refund until the Product has been received back and passed a technical inspection.

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Guarantor Information:

The Balcony Garden

Skladová, 917 01 Trnava, Slovakia

info@thebalconygarden.eu