PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
If Free Shipping is advertised on the website, this is given to orders over $60.00.
Copyright 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 The Nursery at Ty Ty. The collective work includes works that are licensed to The Nursery at Ty Ty. Copyright 2011, The Nursery at Ty Ty ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with The Nursery at Ty Ty or purchasing The Nursery at Ty Ty 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 The Nursery at Ty Ty or to purchase The Nursery at Ty Ty products. 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 The Nursery at Ty Ty. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
Trademarks All trademarks, service marks and trade names of The Nursery at Ty Ty used in the site are trademarks or registered trademarks of The Nursery at Ty Ty
Promotions Video information on this site may be outdated regarding pricing or free shipping which may be a seasonal option and prices may be modified at any time. Accurate day to day prices appear on product pages and shipping charges on large plants or trees may be obtained by calling toll free 888-758-2252 this number for a quote, we will contact you if extra charges are required for motor freight.
Warranty Disclaimer This site and the materials and products on this site are provided "as is" with a 1 year limited guarantee on bare root plants.. To the fullest extent permissible pursuant to applicable law, The Nursery at Ty Ty disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. The Nursery at Ty Ty 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. The Nursery at Ty Ty does not make any warranties or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Minimum Orders Minimum Internet Orders is $60.00 including the cost of shipping. Phone orders is $59.00 minimum including the cost of shipping. The shipping cost may be waived on phone orders if the promotion is listed on the product pages.
Order Discrepancy Any order delivered with a discrepancy in quantity, quality, or size must be brought to Ty Ty Nursery's attention within three days of delivery. Ty Ty Nursery can not be held accountable for any claims made after three days after delivery. Orders that are return shipped to Ty Ty Nursery, at the customer's expense, within 3 days of delivery will be canceled and refunded. Ty Ty Nursery will in no way pay, credit, or reimburse the customer for any expense associated with the cost of return shipping.
Shipping All deciduous and bare root shipping begins December 15th through April 15th. All evergreen, palm, bamboo, bulb, banana, fig, olive, loquat, etc. will be shipped year round. Shipping information is available on the product pages, if a plant is listed for "Fall Shipping", the plants will be shipped once they have gone dormant for the year. All orders are shipped complete and will not be split shipped, unless special shipping arrangements have been made with Ty Ty Nursery. An order will be held until all products are available to be shipped. All deciduous plants will be pruned prior to shipping, or picking up at Ty Ty Nursery, the pruning is beneficial to the transplanting process and is done by the professionals at Ty Ty Nursery at no added cost. Any deciduous plant that is not pruned 1/3 will not have a 1 year guarantee. The normal shipping costs are 25% of the total cost of the plants being shipped (minimum $20.00), 15% for postage 10% for packaging and handling, shipping charges can be avoided by picking the order up at Ty Ty Nursery's physical location in Ty Ty, GA, unless a shipping promotion is listed on Ty Ty Nursery's web page.
Shipping Damages Shipments are rarely damaged by our shipping carriers but it does happen, do not refuse any damage package accept delivery and contact Ty Ty Nursery directly. Have your order number, merchandise variety, size, and price ready to get the customer service representative. Ty Ty Nursery will then file a damage package claim with the carrier and immediately ship replacement plants to you.
Cancellations Any order can be canceled or modified prior to the order being processed for shipping. Once the order has been processed/dug for shipping Ty Ty Nursery has a No Cancellation No Refund policy, only replacement for defective plant material, and exchanges for damaged plants in shipping. Ty Ty Nursery reserves the right to cancel, modify, refuse, or delete an order with out notification. If a plant is out of stock, a substitution in size or variety is needed the customer will be contacted. A plant that is out of stock will not be substituted for with out customer approval, but may be removed to not hold the shipping of the entire order is no response is made in a contact attempt by Ty Ty Nursery.
Replacement Policy All deciduous and bare root plant material carries a 1 year guarantee from the date on the order form. To redeem your replacement fill out and mail the Replacement Application (located on the side tool bar) attaching the original order form USPS to:
Ty Ty Nursery P.O. Box 130 Ty Ty, GA 31795
during September 15th through October 15th. All plants should be give adequate time to sprout when planted dormant, and claims should be made the season following planting/ordering. Within 30 days the Replacement Manager will review the application and notify the customer via USPS with a replacement notification of approval or deny. Once approved the dead plants need to be returned UPS to Ty Ty Nursery with a check for return shipping of the replacement plants, 25% of the total of the plant cost or $20.00 which ever is greater to:
Ty Ty Nursery 4723 US Hwy 82 W Ty Ty, GA 31795
during November 15th through December 15th. Once the dead plants and return postage have been paid the replacement plants will be sent December 15th through April 15th. To avoid an fees associated with the Replacement Policy, simply return the dead plants with the order form within 1 year to the physical location in Ty Ty, GA at the proper season.
Replacement Applications will be denied for the following reasons; claims not made with in 1 year, plants shipped or picked up in containers or B&B, plants shipped out of recommended zones, international orders, plants returned alive or green bark, replacement applications returned without original order forms, annual, herbaceous plants, plants not listed on the website, or discounted/sale priced plants.
Plant Sizes All plants sold by Ty Ty Nursery are bare root unless other arrangements have been made by the customer at the time of sale. All sizes mentioned on the website are overall sizes, measuring from the top of the root structure to the top of the plant, prior to the complimentary pruning done at the time of shipping. Plants that are B&B or container grown will be removed from the container and have excess soil removed to provide for more efficient and effective shipping. Any plant delivered or picked up in a container or B&B will not carry the 1 year guarantee. Bamboo plants will be pruned back to about 1ft tall and are considered root clumps, to provided for the safest shipping possible. Some bamboo clumps may not have any stalks, but contain dormant eyes that will sprout in the spring, Ty Ty Nursery can not guarantee the height, or the number of stalks in any bamboo clump and are considered approximations not guarantees.
Limitation of Liability The Nursery at Ty Ty shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if The Nursery at Ty Ty 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.
Typographical Errors In the event that a The Nursery at Ty Ty product is mistakenly listed at an incorrect price, The Nursery at Ty Ty reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. The Nursery at Ty Ty 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 canceled, The Nursery at Ty Ty shall issue a credit to your credit card account in the amount of the incorrect price.
Term; Termination 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 terminated by The Nursery at Ty Ty without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Notice The Nursery at Ty Ty 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 The Nursery at Ty Ty.
Miscellaneous Your use of this site shall be governed in all respects by the laws of the state of Georgia, 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 The Nursery at Ty Ty products) shall be in the state or federal courts located in Tift County, Georgia. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of The Nursery at Ty Ty products) must be commenced within one (1) year after the claim or cause of action arises. The Nursery at Ty Ty'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. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. The Nursery at Ty Ty may assign its rights and duties under this Agreement to any party at any time without notice to you.
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 The Nursery at Ty Ty 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.
Participation Disclaimer The Nursery at Ty Ty 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, The Nursery at Ty Ty 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, The Nursery at Ty Ty 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 The Nursery at Ty Ty in its sole discretion.
Indemnification You agree to indemnify, defend, and hold harmless The Nursery at Ty Ty, its officers, directors, employees, agents, licensor's and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions 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.
Third-Party Links In an attempt to provide increased value to our visitors, The Nursery at Ty Ty may link to sites operated by third parties. However, even if the third party is affiliated with The Nursery at Ty Ty, The Nursery at Ty Ty has no control over these linked sites, all of which have separate privacy and data collection practices, independent of The Nursery at Ty Ty. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, The Nursery at Ty Ty 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).