Terms & Conditions

TERMS & CONDITIONS

  1. WHO WE ARE

    • Balcony&you is a website operated by Mishvaan home solutions pvt ltd. We are based out of Kalyan, Maharashtra, India and our registered office is at Kalyan, Sanglewadi– 421301, India.
    • Welcome to our website ‘balconyandyou.com’. If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern ‘balconyandyou’s’ relationship with you in relation to this website.
    • The term 'Balcony&you' or 'us' or 'we' refers to the owner of the website whose registered office is at Kalyan, Maharashtra (India). The term 'you' refers to the user or viewer of our website.
  2. ACCEPTANCE OF TERMS

    You must read and agree to be bound by the Terms of Service, before using the Site or subscribing to any products or service made available through or on the Site, including the sale, supply, payment, delivery, return or rejection of the products or services made available on, through or in connection with this Site (collectively the “Services”). By subscribing to or using the Site or the Services, you have read, understood and are bound by the Terms of Service, together with all related policies and guidelines of this Site as indicated in these terms and conditions that are incorporated by reference.If you do not agree to be bound by the Terms of Service, do not use or subscribe to the Site or the Products / Services.

    We at our sole discretion reserve the right to change, amend or modify the Terms of Service at any time, without notifying you or assigning any reasons. You are responsible for regularly reviewing the Terms of Service. If you do not agree to any changes or updates to the Terms of Service, your remedy is to not use the Site and to cancel any accounts or Services you have signed up for. Your continued use of the Site or the Services after a change or update has been made to the Terms of Service will constitute your acceptance of such change or update. If you violate any Terms of Service, we may issue a warning about the violation, or we may choose, at our sole discretion, to immediately terminate or suspend any and all accounts that you have established, without assigning any reasons.

    You acknowledge that we are not required to provide you notice before terminating or suspending our Services, but may choose to do so. We reserve the right to deny, in our sole discretion, any user access to the Site or Services without notice and for any reason (including, without limitation, for violation of these Terms of Service).

  3. ORDERING AND DISPATCH

    • You can either order for products through our website or through the phone (Bulk Orders). After receiving your order, we will send you an email confirming your order that signifies the acceptance of your order by us.
    • Once we receive payment from you we will send you an email confirming the receipt of your payment and also confirm the dispatch of your order. For wholesale orders, we often purchase on order to ensure maximum freshness and quality. The dispatch can take up to 7-9 working days for such orders and therefore we request you to give us an advance notice when placing orders.
    • We have the right to cancel any order and refund your payment anytime before dispatch due to non-availability of product or otherwise.
  4. PRICES

    • All prices listed on our website are subject to change, but the changes will not affect orders that have already been accepted by us.
    • The prices on our website shipping costs, which will be added during checkout.
    • The prices of our products have been computed carefully and listed on our website. However, due to unintentional errors, if the product purchased by you has been incorrectly priced, we will notify you via email or phone before accepting your order for instructions. You will then have the option to cancel your order if you desire or pay the difference.
    • All payments should made by credit or debit card before dispatch. We accept all major credit and debit cards. For wholesale deliveries within India, payment can be made by cheque or bank transfer within 15 days of delivery. Interest charges will need to be incurred for late payment.
  5. USER ACCOUNTS

    If any Service requires you to open an account (“My Account”), you must complete the registration process by providing us with current, complete and accurate information (including your email address and other contact details) as prompted by the applicable registration form.

    You represent and warrant that all information provided by you in connection with your User Account, including any payment, contact or shipment details generally or in connection with an order, are true, complete and accurate. You agree and undertake to indemnify us against all damages, costs or losses incurred by us due to wrong, false, inaccurate or incomplete information provided by you.

    All communication to you will be carried out through the contact details provided by you while opening an account. You are responsible to report any change in your User Account details by writing to us at support@balconyandyou.com . The site is not responsible for any changes in User Account details once an order is placed.

    You are responsible for maintaining the confidentiality of your User Account password and other account details and are entirely responsible for any and all activities that occur under your User Account. In case you suspect or identify any abuse of your User Account or any transaction through your User Account that is not carried out by you, you should immediately notify us in writing at support@balconyandyou.com

    All information shared by you while creating your User Account or accessing the Site shall be protected in accordance with our Privacy Policy.

  6. PLACING AN ORDER

    In order to enable you to view and place orders for any products made available on the Site, we will provide you with a visual representation of the product together with a summary description of the product. While every effort is made to provide accurate visual representations, cannot guarantee the exactness of such visual representation or description to the finish and appearance of the final product delivered to you. Alterations in certain aspects of your order such as appearance, size or color may be caused due to difference in pictured plant & delivered plant, plant’s gene and size charts of different plants, its natural looks & number of pixels in an image and other circumstances that are not within our control.

    You may place a binding order, either using your User Account or as a guest, for any product made available on the Site pursuant to and upon completion of all the procedures prescribed on the Site for ordering the products on the Site, including by way of providing necessary address and contact details requested at the time of placing orders for shipment of the products ordered. Non-completion of such procedure prescribed on the Site shall not constitute a binding order and we will have no corresponding obligation to deliver the products ordered. You may not change the address for delivery of the products provided by you after you place the binding order. To rectify any errors in a binding order you must contact our customer service representative using the information on Contact Us Page. Provided that, acceptance of any such change or rectification is at our sole discretion and our decision in this regard is final and binding. Provided further that, you will be responsible for and hereby agree to indemnify us against all loss, including charges for shipment of the product if applicable. Unauthorized use of other Balcony&you user accounts (other than your own), providing false information, including false identification, contact or shipment details constitute fraud. You agree and undertake to indemnify us against all damages, costs or losses incurred by us due to such fraudulent activity, in addition to any other remedy that is available to us under law for the time being in force, against you for such fraudulent activity. Title and risk of loss or damage for all products ordered by you in accordance with these terms and conditions shall pass to you upon your receipt of the product.

    While carrying out payment, through any of the payment channels provided on the Site, we are not responsible for losses or damage, if any, caused in connection with such transaction, including any losses caused by the payment gateway or due to drops in connection or duplication of orders due to double-ordering.

  7. LIMITATIONS ON USE OF SERVICES

    Your license to use the Services or the Site is limited by the Terms of Service. All software made available to access the Services (“Software”) is copyrighted work owned by or licensed to us. We hereby grant you a personal, non-exclusive, non-transferable, revocable, limited scope license to use the Software solely for the purpose of viewing and using the applicable Services and the Site and for no other purpose whatsoever. You agree and undertake not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, reverse engineer, create derivative works from, adapt, translate, transfer, sell any information, software, products or services obtained from the Services or the Site, without our prior express written consent.

    You may not reverse engineer, decompile or disassemble any Software, including any proprietary communications protocol used by such Software.

    You may not use any software or hardware that reduces the number of users directly accessing or using the services.

    As a condition of your use of the Services and the Site, you will not use the Services or the Site for any purpose that is unlawful or otherwise prohibited by the terms, conditions, and notices included in these Terms of Service. You may not use the Site in any manner that could damage, disable, overburden, or impair any server, or the network(s) connected to any server, or threaten or interfere with any other person’s use or enjoyment of the Site. The provisions of this clause shall be subject to the provisions of clause 9 of the Terms of Service.

  8. RULES OF CONDUCT

    The Site and Services provided may include e-mail services, bulletin board services, blogs, reviews, forums, or communication facilities designed to enable you to communicate with others or express your opinion (the “Communication Services”).

    You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service.

    We have no obligation to monitor the Communication Services. However, we reserve the right to review materials posted to the Communication Services and to remove any materials at any time, without notice, for any reason and at our sole discretion. We also reserve the right to terminate or suspend your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever.

    You acknowledge that chats, postings, conferences and other communication by users are not controlled or endorsed by us, and such communication shall not be considered reviewed, screened or approved by us. Statements made in forums, conferences, bulletin boards and chats reflect only the views of their authors. We specifically disclaim any liability with regard to the Communication Services and any actions resulting from your participation in or viewing or other use of any Communication Services.

    Managers and hosts are not our authorized spokespersons, and their views do not necessarily reflect our views. You acknowledge and agree that your communication via the Communications Services is public and not private communication, and that you have no expectation of privacy concerning your use of these Communications Services.

    You acknowledge that personal information that you communicate on the Communication Services may be seen and used by others and result in unsolicited communications. Therefore, we strongly encourage you to not disclose any personal information about yourself in your public communications on our Services.

    We are not responsible for information that you choose to communicate to other users via the Communication Services, or for the actions of other users.

    We reserve the right at all times to disclose any information or materials found on the Communication Services as we deem necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any such information or materials, in whole or in part, in our sole discretion.

    In furtherance of the foregoing, and by way of example and not as a limitation, you agree that you will not access or use the Site, the Services, including any related Communication Services, in order to directly or indirectly do any of the following.

    1. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others or harms minors in any way;
    2. Publish, post, upload, transmit, distribute or disseminate content that is harmful, abusive, vulgar, sexually explicit, defamatory, libelous, blasphemous, pornographic, pedophilic, obscene, infringing, embarrassing, unwanted, invasive of another’s right of privacy or publicity, hateful or racially, ethnically or, in a reasonable person’s view, otherwise offensive or objectionable, disparaging, relating or encouraging money laundering or gambling or otherwise unlawful in any manner whatsoever;
    3. Use, upload, transmit, distribute or otherwise make available any material or information, including images or photographs, which are made available through such Services in any manner that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity);
    4. Upload files that contain viruses, Trojans, worms, time-bombs, cancelbots, corrupted files or data, or any other similar software or programs that may damage the Site, operation of the Services or other users' computer or that are designated to interrupt, destroy or limit the functionality of any computer resource;
    5. Upload files that contain software or other information or material protected by third party intellectual property rights that belong to another person and to which the user does not have any right;
    6. Except as expressly authorized by us, advertise or offer to sell or buy any products or other material posted on the Site for any purpose, unless the Services specifically allow such messages;
    7. Restrict or inhibit any other user from using and enjoying the Site or any Services;
    8. Collect in any way personal information about others, including e-mail addresses, or use such information to send unsolicited emails;
    9. Violate any applicable laws or regulations, or promote or encourage any illegal activity including, without limitation, hacking, cracking or distribution of counterfeit software, or cheats or hacks for the Services or the Software;
    10. Impersonate or create a false identity or provide information that is false, in complete or inaccurate;
    11. Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of such Services or other user or usage information or any portion thereof;
    12. Attempt to get a password, other account information, or other private information from a member or any other user of the Services or the Site;
    13. Use the Sites, Services or Software to resell or make any commercial use of the Sites, Services or Software, or otherwise commercially exploit the same, without our prior express written consent;
    14. Use the Services or the Site for fraudulent transactions including, without limitation;
    15. Conduct or forward surveys, contests, schemes or chain letters;
    16. Violate any code of conduct or other guidelines applicable to any Service or the Site or any Terms of Service;
    17. Deceive or mislead the addressee about the origin of messages or communicate any information that is offensive or menacing in nature; or
    18. Threaten the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.

  9. CONTENT

    “Content” shall mean the Software, communications, images, sounds, and all the material and information you see on the Site or in connection with the Services, whether provided by us or by users of the Services. Strong or vulgar language, crude or explicit sexual references, discussions of illegal drugs, and hate speech are always inappropriate Content for the Site.

    Our representatives may monitor your communications on the Site. But we cannot monitor all of the Content on the Site, and we do not attempt to do so. If you encounter something you find objectionable and in violation of these Terms of Services, you can report it to support@balconyandyou.com

    We do not endorse, approve, or pre-screen any Content that you or any other third parties communicate. You bear the entire risk of the completeness, accuracy or usefulness of Content found on the Site. We do not assume any responsibility or liability for Content that is generated by third party sites or members, users or other guests on our Site.

    We have the right, but not the obligation, in our sole discretion to edit, refuse to post, or remove any Content posted on the Site or in connection with any Service. Without limiting the foregoing, our affiliates and we have the right to remove any Content that is in violation of the provisions of these Terms of Service or is otherwise objectionable.

    You agree and are solely responsible for ensuring that you upload or otherwise transmit on or through the Service or the Site, Content that is not subject to any third-party rights including any intellectual property rights of third party.

    The provisions of this clause 8 shall be subject to the provisions of clause 9 of these Terms of Service.

  10. OWNERSHIP

    The Site and Services, including, without limitation, all Software and Content, contains copyrighted material, trademarks and other proprietary information (including, without limitation, images, photographs, music, text, incorporated into the Software and data).

    The entire contents of the Services and the Site and each area contained therein are copyright protected as a collective work under the laws of India. We, our licensors and our or their respective affiliates, as the case may be, own copyright in the selection, coordination, arrangement and enhancement of such Content. You acknowledge that we, our licensors and our or their respective affiliates, as the case may be, are and remain the owners of all right, title, and interest including copyrights and other intellectual property rights, in and to all materials posted on the Services or the Site and derivative works thereof, and that you do not acquire any of those ownership rights by accessing or posting such materials.

    You hereby acknowledge and agree that you have no proprietary interest, moral rights, performer’s rights, copyright, or other intellectual property right in any account details, photographs uploaded, other Content on the Site, or any other materials appearing in or generated by the use of the Services. You further assure us that any such account details, photographs or other Content provide by you are copyright free and do not infringe the intellectual property rights or privacy rights of any third party.

    You further acknowledge that other users and viewers of the Site have the right to copy, use, read and paste the information or other material posted by you on the Site.

  11. JURISDICTIONAL ISSUES AND EXPORT CONTROL LAWS

    We offer the products and Services from our offices in India. If you choose to access the Service from any other locations, you do so on your own initiative and are responsible for compliance with all local laws, if and to the extent local laws are applicable.

    You agree to abide by applicable export control laws and not to transfer, by electronic transmission or otherwise, any Content or any software or other materials subject to restrictions under such laws to a national destination prohibited by such laws, without first obtaining, and then complying with, any requisite government authorization.You further agree not to upload to the Site any data or software that cannot be exported without prior written government authorization, including, but not limited to, certain types of encryption software.

  12. LINKS TO THIRD-PARTY SITES

    The links to third party sites appearing on the Site will let you leave the Site. These linked sites are not controlled by us and may collect data or solicit personal information from you.

    We, our licensors, and our or their respective affiliates and agents are not responsible for such linked sites, content, business practices or privacy policies, or for the collection, use or disclosure of any information by those sites.

    We provide such linked sites only as a matter of convenience and the inclusion of any link does not imply an endorsement by us of such linked sites.

  13. DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY

    We, our licensors and any of our or their respective affiliates, subsidiaries, officers, directors, stockholders, employees, licensors, distributors, sub-licensees, agents, franchisees or subcontractors (collectively, the "Parties") do not warrant any connection to, transmission over, or results or use of, any network connection or facilities provided (or failed to be provided) through the Site or Services.

    You are responsible for assessing your own computer and transmission network needs, and the results to be obtained there from. From time to time, we may scan your computer to confirm it meets minimum system specifications and you hereby agree to provide information in connection with technical support issues including, without limitation, bug reports.

    You expressly agree that the use of the site, services and software, and the internet is at your sole risk. You are solely liable for any breach of third party rights caused by your uploading any form of data, photographs or other content onto the site and we and our affiliates and licensors have no liability in this regard.

    The site, services and software, and any other third-party services and products, are provided on an "as is" and "as available" basis for your use, without warranties or conditions of any kind, either express or implied, unless such warranties or conditions are legally incapable of exclusion under applicable law.

    We do not warrant that you will be able to access or use the site or services at times or locations of your choosing, or that we will have adequate capacity for the services as a whole or in any specific geographic area. The parties assume no responsibility for any loss, cost or damages suffered by you, including, but not limited to, loss of data, items or characters from delays, non-deliveries, errors, system down time, mis-deliveries or service interruptions caused by the site, services or software, or by your or any other user's own errors or omissions. You acknowledge and agree that to the maximum extent permissible by law the parties are not liable for any act or failure to act by them or any other person regarding conduct, communication or content on the services or use of the site, services or software.

    You acknowledge and agree that your sole and exclusive remedy for any dispute with any of the parties is to stop using the service.

    In no case shall the parties be liable for any special, incidental, indirect, punitive or consequential damages arising from your use of the site, services and software, the internet or for any other claim related in any way to your use of the services.

    If any jurisdiction does not allow the exclusion or the limitation of liability for consequential or incidental damages, then, in such jurisdictions, the liability of the parties shall be limited to the fullest extent permitted by law.

    The parties do not endorse, warrant or guarantee any third-party product or service offered through the site and will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services.

    The parties make no representations about the quality, safety, suitability or any other aspect of the services or information contained in the documents and related graphics published as part of the services for any purpose. The documents and related graphics published on the site and services could include technical inaccuracies or errors.

    The parties may make improvements or other changes in the services and site at any time.

  14. GENERAL

    The Terms of Service are governed and shall be construed in accordance with the laws of India, without regard to their conflict of law provisions. By acceptance of these Terms of Service, you submit to the exclusive jurisdiction of the courts in Pune, India.

    We may assign our rights or delegate or sub-contract our responsibilities under the Terms of Service, in whole or in part, at any time and at our sole discretion. Our rights and obligations under these Terms of Service, including any waivers and limitations thereof, shall inure to the benefit of and shall be binding upon such assignees or sub-contractors.

    Our performance of this agreement is subject to existing laws and legal process, and nothing contained in the Terms of Service is in derogation of our right to comply with any governmental, court, and law enforcement requests or requirements relating to your use of the Services or information provided to or gathered by with respect to such use.

    You agree to indemnify and hold the Parties, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third-party or suffered by us due to or arising out of your use of the Services or the Site.

    If any part of the Terms of Service is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Service shall continue in effect.

    The Terms of Service, including the documents expressly incorporated by reference, constitute the entire agreement between you and us with respect to the Services and the Site and such agreements supersede all prior or contemporaneous communications, whether electronic, oral or written, between you and us with respect to the Services or the Site. You represent that you have not relied on any such communications in choosing to accept the Terms of Service.

    A printed version of the Terms of Service and of any notices given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Our failure to enforce at any time any of the provisions of the Terms of Service shall in no way be construed to be a present or future waiver of such provisions, nor in any way affect the right of any party to enforce each and every such provision thereafter.

    Our express waiver of any provision, condition or requirement of the Terms of Services shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement. Notwithstanding anything else in the Terms of Service, no default, delay or failure to perform on our part shall be considered a breach of this agreement if such default, delay or failure to perform is shown to be due to causes beyond our reasonable control.

    All notices given by you or required under the Terms of Service shall be in writing and addressed to: support@balconyandyou.com

    We may give notice to you by means of a general notice on the Service, electronic mail to your e-mail address on record with us, or by written communication sent by post or overnight courier to your address on record with us. The Terms of Service and all correspondence and all documentation relating to this agreement shall be in the English.

  15. VARIATIONS IN PRODUCT

    We aim to provide you with the best and consistent quality of product. But due to the seasonal nature of , there may be natural variations in the taste and quality of the same product. In such cases, we reserve the right to apply our no returns policy.

  16. VARIATIONS IN THE TERMS AND CONDITIONS

    We reserve the right to change and amend the above terms and conditions, whenever required, due to changes in our policies and capabilities or to abide to change in laws and regulations.

    You will be subject to the terms and conditions in force at the time that you order products from us, unless any change to these terms is required by law or governmental authority or if we notify you of the change to these terms and conditions before we send you the order confirmation.