Welcome to Balsam Hils. These Terms and Conditions (“Terms”) govern your use of our website balsamhils.com (the “Website”) and the purchase of products from Balsam Hils.
By accessing or using our Website, you agree to be bound by these Terms. If you do not agree with these Terms, please do not use our Website or purchase our products.
1. Acceptance of Terms
By accessing, browsing, or making a purchase on our Website, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions, as well as our Privacy Policy, Shipping Policy, and Returns & Refund Policy.
We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting to the Website. Your continued use of the Website after changes are posted constitutes your acceptance of the modified Terms.
2. Eligibility
Age Requirement
You must be at least 18 years of age to use this Website and make purchases. By using our Website, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into binding contracts.
Account Security
If you create an account, you are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.
3. Products and Pricing
Product Descriptions
We strive to provide accurate product descriptions, images, and specifications. However, we do not warrant that product descriptions, images, pricing, or other content on the Website is accurate, complete, reliable, current, or error-free.
Pricing
- All prices are in United States Dollars (USD)
- Prices are subject to change without notice
- We reserve the right to correct pricing errors
- The price charged will be the price displayed at the time of purchase
Product Availability
All products are subject to availability. We reserve the right to:
- Limit quantities available for purchase
- Discontinue products at any time
- Refuse or cancel orders if products are unavailable
If we cancel your order due to unavailability, we will notify you and issue a full refund.
4. Orders and Payment
Order Acceptance
Your order is an offer to purchase products from us. We reserve the right to accept or decline any order for any reason, including but not limited to:
- Product availability
- Errors in pricing or product information
- Suspected fraudulent transactions
- Violation of these Terms
An order confirmation email does not constitute acceptance of your order. Acceptance occurs when we ship your order.
Payment
- Payment is required at the time of purchase
- We accept major credit cards and other payment methods displayed at checkout
- Payment processing is handled by secure third-party payment processors
- By providing payment information, you authorize us to charge the total amount of your order
Order Cancellation
- You may cancel your order before it ships by contacting us at contact@balsamhils.com
- Once an order has shipped, you cannot cancel it. You must follow our Returns & Refund Policy
- We reserve the right to cancel orders for any reason, including suspected fraud or violation of these Terms
5. Shipping and Delivery
All shipping and delivery are governed by our Shipping Policy, which is incorporated into these Terms by reference.
Key Points:
- Free shipping within the contiguous United States (48 states)
- We do not ship to Alaska, Hawaii, PO Boxes, or APO/FPO addresses
- Processing time: 1-3 business days
- Delivery time: 5-7 business days after shipment
- Risk of loss passes to you upon delivery
Please refer to our complete Shipping Policy for detailed information.
6. Returns and Refunds
All returns and refunds are governed by our Returns & Refund Policy, which is incorporated into these Terms by reference.
Key Points:
- 30-day return window from delivery date
- Items must be unused and in original packaging
- Return shipping costs vary based on reason for return
- Refunds processed within 10 business days
Please refer to our complete Returns & Refund Policy for detailed information.
7. Intellectual Property Rights
Ownership
All content on this Website, including but not limited to text, graphics, logos, images, product descriptions, software, and design, is the property of Balsam Hils or its licensors and is protected by United States and international copyright, trademark, and other intellectual property laws.
Trademarks
“Balsam Hils” and all related logos, product names, and service names are trademarks or registered trademarks of Balsam Hils. You may not use these trademarks without our prior written permission.
Limited License
We grant you a limited, non-exclusive, non-transferable license to access and use the Website for personal, non-commercial purposes. You may not:
- Reproduce, distribute, modify, or create derivative works from Website content
- Use automated systems (bots, scrapers) to access the Website
- Frame or mirror any part of the Website
- Reverse engineer or attempt to extract source code
- Remove or alter copyright notices or trademarks
8. User Conduct
You agree not to use the Website for any unlawful or prohibited purpose. Prohibited activities include but are not limited to:
- Violating any applicable laws or regulations
- Infringing on intellectual property rights
- Transmitting viruses, malware, or harmful code
- Interfering with the operation of the Website
- Attempting unauthorized access to our systems
- Harassing, threatening, or abusing others
- Impersonating any person or entity
- Posting false or misleading information
- Engaging in fraudulent activities
We reserve the right to terminate your access to the Website for violation of these Terms.
9. Product Warranties
Limited Warranty
Our products come with a limited warranty covering defects in materials and workmanship under normal use. The warranty period and specific terms vary by product.
Warranty Exclusions
Our warranty does not cover:
- Normal wear and tear
- Damage from misuse, abuse, or neglect
- Damage from improper storage or assembly
- Unauthorized modifications or repairs
- Burned-out bulbs or batteries (consumable items)
Warranty Claims
To make a warranty claim, contact us at contact@balsamhils.com with:
- Proof of purchase
- Product details
- Description and photos of the defect
10. Disclaimer of Warranties
TO THE FULLEST EXTENT PERMITTED BY LAW, BALSAM HILS PROVIDES THE WEBSITE AND PRODUCTS “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:
- Implied warranties of merchantability
- Fitness for a particular purpose
- Non-infringement
- Accuracy, reliability, or completeness of content
- Uninterrupted or error-free operation
WE DO NOT WARRANT THAT:
- The Website will meet your requirements
- The Website will be available at all times
- Defects will be corrected
- The Website is free from viruses or harmful components
11. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, BALSAM HILS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:
- Loss of profits or revenue
- Loss of data
- Loss of use
- Business interruption
- Personal injury or property damage
OUR TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING FROM YOUR USE OF THE WEBSITE OR PRODUCTS SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE PRODUCT GIVING RISE TO THE CLAIM, OR $100, WHICHEVER IS GREATER.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
12. Indemnification
You agree to indemnify, defend, and hold harmless Balsam Hils and its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys’ fees) arising from:
- Your use of the Website
- Your violation of these Terms
- Your violation of any third-party rights
- Your fraudulent or illegal activities
13. Privacy and Data Protection
Your privacy is important to us. Our collection, use, and protection of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.
By using our Website, you consent to our Privacy Policy and our use of your information as described therein.
14. Third-Party Links and Services
Our Website may contain links to third-party websites or services that are not owned or controlled by Balsam Hils. We are not responsible for the content, privacy policies, or practices of third-party websites.
You access third-party websites at your own risk and should review their terms and privacy policies.
15. Force Majeure
We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to:
- Acts of God (natural disasters, severe weather)
- War, terrorism, or civil unrest
- Government actions or regulations
- Labor disputes or strikes
- Supplier or carrier delays
- Pandemics or public health emergencies
- Internet or telecommunications failures
16. Dispute Resolution
Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions.
Jurisdiction
You agree that any legal action or proceeding arising from these Terms shall be brought exclusively in the state or federal courts located in Santa Clara County, California. You consent to the jurisdiction of such courts.
Informal Resolution
Before filing any claim, you agree to contact us at contact@balsamhils.com to attempt to resolve the dispute informally. We will work in good faith to resolve any disputes.
Arbitration
If we cannot resolve a dispute informally, any dispute shall be resolved by binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in Santa Clara County, California.
Class Action Waiver
YOU AGREE THAT ANY DISPUTE SHALL BE RESOLVED ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ACTION, CONSOLIDATED ACTION, OR REPRESENTATIVE ACTION.
Small Claims Court
Either party may bring a claim in small claims court in lieu of arbitration if the claim qualifies.
17. Severability
If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.
18. Waiver
Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision or our right to enforce it in the future.
19. Entire Agreement
These Terms, together with our Privacy Policy, Shipping Policy, and Returns & Refund Policy, constitute the entire agreement between you and Balsam Hils regarding your use of the Website and purchase of products.
20. Assignment
You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations under these Terms at any time without notice.
21. Survival
Provisions of these Terms that by their nature should survive termination shall survive, including but not limited to: warranties, disclaimers, limitations of liability, indemnification, and dispute resolution.
22. Contact Information
If you have questions or concerns about these Terms and Conditions, please contact us:
Balsam Hils
Email: contact@balsamhils.com
Phone: +1 (313) 200-9910
Address: 7658 Orange Blossom Dr, Cupertino, CA 95014
Business Hours: Monday – Friday, 9:00 AM – 6:00 PM PST
23. Acknowledgment
BY USING THIS WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND CONDITIONS, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM.
24. Contact Information
If you have any questions or concerns about these Terms, please contact:
📧 Email: contact@balsamhils.com
📞 Phone: +1 (313) 200-9910
🏢 Address: 7658 Orange Blossom Dr, Cupertino, CA 95014
🕓 Business Hours: Monday – Friday, 9:00 AM – 6:00 PM PST
