Terms of service

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 Company”, “Company”, “The Balcony Garden”, refers to the company operating from thebalconygarden.co

“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. We accept the following forms of payment:

Zip

Credit Card

Eftpos

Afterpay

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.

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.

By consenting to The Balcony Gardens SMS marketing in the checkout and initializing a purchase or subscribing via our subscription tools, you agree to receive recurring text notifications (for your order, including abandoned checkout reminders), text marketing offers, and transactional texts, including requests for reviews from us, even if your mobile number is registered on any state or federal do-not-call list. Message frequency varies. Consent is not a condition of purchase.

If you wish to unsubscribe from receiving text marketing messages and notifications, reply with STOP to any mobile message sent from us or use the unsubscribe link we provided you within any of our messages. You understand and agree that alternative methods of opting out, such as using alternative words or requests, will not be considered a reasonable means of opting out. We do not charge for the service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply.

We have the right to modify any telephone number or short code we use to operate the service at any time. You will be notified on such occasions. You agree that any messages you send to a telephone number or short code we have changed, including any STOP or HELP requests, may not be received, and we will not be liable for honoring requests made in such messages.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

Your right to privacy is important to us. You can see our Privacy Policy to determine how we collect and use your personal information.

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 damages 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.

Unsuccessful Delivery

Customers are liable for 100% of the return shipping/delivery fees and daily storage fees (at our delivery partner's depot) if we are unable to deliver your order due to circumstances outside of our control, such as:

Our delivery drivers can not contact you via phone or email.
The conditions at your address are unsuitable or unsafe for our delivery drivers.
The customer changes the address once the order has been dispatched from our warehouse.
A third party refuses acceptance of the delivery once it arrives at the customers address.

Please be aware that daily storage fees are outside of our control and range between USD$70/day to USD$250/day per pot.

In the event of an unsuccessful delivery, customers must pay 100% of the return delivery, re-delivery, and storage fees before their order is dispatched again.

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 most hardware stores. 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 obtain 10mm thick plastic window packers from most hardware stores. 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). Slugg 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

Prices

All prices are in USD.

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

Last updated: [11/06/2026]

These terms apply to all pre-orders of The Balcony Garden products, whether placed online at thebalconygarden.co, by phone or email, or in person through our showroom 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. Pre-orders are final sale — no change-of-mind returns

All pre-orders are final sale. Our standard 7-day returns policy does not apply to pre-ordered items. 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, color, 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.

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 ship your pre-order by the estimated date (or any revised date you have agreed to), we will notify you and give you the choice to either agree to the new date or cancel the affected items for a full refund of amounts paid for those items, as required under the FTC Mail, Internet, or Telephone Order Merchandise Rule.

5. Faulty, damaged, or incorrect items

Nothing in these terms limits your rights in relation to faulty or damaged goods. If your pre-ordered item arrives damaged, defective, or is not the item you ordered:

It is covered by our standard warranty, and
We will repair, replace, or refund it in accordance with our Warranty Policy and applicable law.

Please inspect your order on delivery and report any damage to info@thebalconygarden.co 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.

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).

Promotions

Promotions – Launch offer that includes Free Shipping

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'. The offer code is valid for 30 days. Offer does not apply to Gift Cards. Offer expired on Wednesday 26th February 2025.