TERMS & CONDITIONS
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Balsam Hill LLC. The collective work includes works that are licensed to Balsam Hill LLC. Copyright 2014, Balsam Hill LLC, ALL RIGHTS RESERVED. Balsam Hill LLC does not investigate to determine if such works are accurate nor can Balsam Hill LLC provide assurance that all such works are free of typographical errors. Balsam Hill LLC cannot guarantee information displayed on the site to be 100% accurate. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Balsam Hill LLC or purchasing Balsam Hill LLC products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Balsam Hill LLC or to purchase Balsam Hill LLC products. No mechanized or other systematic process for harvesting information from the web site for any purpose, including without limitation, any commercial purpose, is permitted. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Balsam Hill LLC. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
All trademarks, service marks and trade names of Balsam Hill LLC used in the site are trademarks or registered trademarks of Balsam Hill LLC
Website Warranty Disclaimer
THIS SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Balsam Hill LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Balsam Hill LLC DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Balsam Hill LLC DOES NOT MAKE ANY WARRANTEES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. APPLICABLE LAW MAY NOT ALLOW LIMITATIONS OR EXCLUSIONS ON WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
PRODUCTS PURCHASED ON THE Balsam Hill LLC WEB SITE ARE SOLD SUBJECT TO THE TERMS AND CONDITIONS OF THE LIMITED WARRANTIES SET FORTH ELSEWHERE ON THIS SITE. OUR CURRENT WARRANTY POLICY, WHICH TOOK EFFECT AS OF AUGUST 25, 2011, IS FOUND HERE. FROM TIME TO TIME, Balsam Hill LLC MAY AMEND ITS WARRANTIES. Balsam Hill LLC MAKES NO FURTHER REPRESENTATIONS OR WARRANTIES WITH REGARD TO THE PRODUCTS, AND, TO THE FULLEST EXTENT PERMITTED BY LAW, HEREBY DISCLAIMS ANY SUCH WARRANTIES, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. APPLICABLE LAW MAY NOT ALLOW LIMITATIONS OR EXCLUSIONS ON WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
PRODUCTS ARE BEING SOLD FOR ORNAMENTAL AND DECORATIVE USE ONLY. THE USE OF PRODUCTS FOR ANY OTHER REASON MAY BE HARMFUL AND/OR ILLEGAL. Balsam Hill LLC ASSUMES NO LIABILITY WITH REGARD TO PERFORMANCE OF THE PRODUCTS, OR FOR THE MISUSE OR MISPLACEMENT IN YOUR HOME OF THE PRODUCTS, OR FIRE HAZARDS ARISING OUT OF YOUR USE OF THE PRODUCTS. YOUR ORDERING THE PRODUCTS CONSTITUTES YOUR AGREEMENT WITH AND ACCEPTANCE OF THESE TERMS AND CONDITIONS AND RELEASES Balsam Hill LLC FROM ALL LIABILITY.
Shipping & Handling; Orders
Balsam Hill LLC will ship products according to the shipping & handling option selected by you at checkout. Balsam Hill LLC reserves the right to change the shipping options as needed. The receipt of an order confirmation does not constitute the acceptance of an order or a confirmation of an offer to sell. Balsam Hill LLC reserves the right, with notification, to limit the order quantity on any item and/or refuse service to any customer. Verification of information may be required prior to the acceptance of any order.
Limitation of Liability
Balsam Hill LLC SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE, EVEN IF Balsam Hill LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
In the event that a Balsam Hill LLC product is mistakenly listed at an incorrect price, Balsam Hill LLC reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Balsam Hill LLC reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Balsam Hill LLC shall issue a credit to your credit card account in the amount of the incorrect price.
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be modified or terminated by Balsam Hill LLC without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall in all events survive any termination of these terms and conditions.
Balsam Hill LLC may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Balsam Hill LLC.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Balsam Hill LLC or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization. Use of the site for any illegal or unauthorized purpose is strictly prohibited. Balsam Hill LLC may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers.
You understand and agree that Balsam Hill LLC cannot be responsible for the content posted on the site by users and that your use of the site is at your own risk. Balsam Hill LLC is under no circumstances liable in any way for any content posted on the site or for any damages of any kind incurred as the result of the use of any content posted or otherwise made available on the site by users.
Balsam Hill LLC does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Balsam Hill LLC is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Balsam Hill LLC reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Balsam Hill LLC in its sole discretion.
You agree to indemnify, defend, and hold harmless Balsam Hill LLC, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, liabilities, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions, any content you post to or make available on the site, or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
You acknowledge and agree that Balsam Hill LLC may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these terms and conditions; (c) respond to claims that any content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Balsam Hill LLC, Balsam Hill LLC users, and the public.
You understand that the technical processing and transmission of the site, including your content, may involve (a) transmissions over various networks and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
Notwithstanding anything to the contrary in these terms and conditions, with respect to content you submit or make available for inclusion on the site, you grant Balsam Hill LLC the permanent world-wide, royalty free and non-exclusive license(s) to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such content on the site for any purpose.
In an attempt to provide increased value to our visitors, Balsam Hill LLC may link to sites operated by third parties. However, even if the third party is affiliated with Balsam Hill LLC, Balsam Hill LLC has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Balsam Hill LLC. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Balsam Hill LLC seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
Your use of this site shall be governed in all respects by the laws of the state of California , U.S.A. , without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Balsam Hill LLC products) shall be in the state or federal courts located in San Francisco, California. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Balsam Hill LLC products) must be commenced within one (1) year after the claim or cause of action arises or be barred forever. Balsam Hill LLC's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. These terms and conditions constitute the entire agreement between you and Balsam Hill LLC with regard to your use of this site. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Balsam Hill LLC may assign its rights and duties under this Agreement to any party at any time without notice to you.
What information do we collect?
Information we may collect from you includes your name, address, phone number, email address, and, when necessary, credit card information and date of birth. We may collect information from you when you register on the site, place an order, enter a contest or sweepstakes, respond to a survey or communication such as e-mail, or participate in another site feature. You may, however, visit our site anonymously without providing this information.
We also collect information about gift recipients so that we can fulfill the gift purchase. The information we collect about gift recipients is not used for marketing purposes.
Like many websites, we use "cookies" to enhance your experience and gather information about visitors and visits to our websites. Please refer to the "Do we use 'cookies'?" section below for information about cookies and how we use them.
How do we use your information?
We may use the information we collect from you in the following ways:
We may send you periodic e-mails. If you would like to discontinue receiving promotional e-mail from us, please refer to the "How can you opt-out, remove or modify information you have provided to us?" section below. Visitors who register or participate in other site features such as marketing programs and 'members-only' content will be given a choice whether they would like to be on our e-mail list and receive e-mail communications from us.
- To personalize your site experience and to allow us to deliver the type of content and product offerings in which you are most interested.
- To allow us to better service you in responding to your customer service requests.
- To quickly process your transactions.
- To administer a contest, promotion, survey or other site feature.
How do we protect visitor information?
We implement a variety of security measures to maintain the safety of your personal information. Your personal information is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems. When you place orders or access your personal information, we offer the use of a secure server. All sensitive/credit information you supply is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our databases to be only accessed as stated above.
Do we use "cookies"?
We may contract with third-party service providers to assist us in better understanding our site visitors. These service providers are not permitted to use the information collected on our behalf except to help us conduct and improve our business.
You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser (like Firefox or Internet Explorer) settings. Each browser is a little different, so look at your browser Help menu to learn the correct way to modify your cookies. If you turn cookies off, you won't have access to many features that make your site experience more efficient and some of our services will not function properly. However, you can still place orders over the telephone by contacting customer service.
Do we disclose the information we collect to outside parties?
We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information unless we provide you with advance notice, except as described below. The term "outside parties" does not include Balsam Hill LLC. It also does not include website hosting partners and other parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others' rights, property, or safety.
Occasionally, we may provide your e-mail address or physical address to marketing partners in an effort to make you aware of products or services in which you may have an interest. In addition, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.
From time to time, we make our mailing list (names and addresses only) and general shopping activity available to carefully screened companies whose products we believe will be of interest to you and whose privacy practices meet the Direct Marketing Association's privacy standards. We do not share email addresses for this purpose. If you prefer that we do not share any information with these companies, please contact us.
How can you opt-out, remove or modify information you have provided to us?
To modify your e-mail subscriptions, please let us know by modifying your preferences in the "My Account" section. Please note that due to email production schedules you may receive any emails already in production.
To delete all of your online account information from our database, sign into the "My Account" section of our site and remove your shipping addresses, billing addresses & payment information. Please note that we may maintain information about an individual sales transaction in order to service that transaction and for record keeping.
You may also opt-out from receiving our emails by following the instructions on any commercial email you receive from us.
Privacy of Children on Our Website
Our Website is not intended for use by children under the age of 13, and we do not knowingly collect personal information from children under the age of 13.
Changes to our policy
This policy was last modified on November 20, 2009.
Questions and feedback
We welcome your questions, comments, and concerns about privacy. Please send us any and all feedback pertaining to privacy, or any other issue.
Online Policy Only
Terms and Conditions
Please also see our Terms and Conditions section establishing the use, disclaimers, and limitations of liability governing the use of our website.