Terms and Conditions

Terms and Conditions

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.

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Video information on this site may be outdated regarding pricing or free shipping which may be a seasonal option and prices may be modified at any time.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.

Minimum Orders
The minimum mail order is $60.00 worth of plant material.

Shipping
•Shipping Method
Shipping will normally be by UPS Ground unless you request and make arrangements for shipping by motor freight. Except as may otherwise be provided from time to time by special sales promotions, shipping costs shall be charged to the customer. Note that any special shipment by motor freight will likewise be charged to the customer and may significantly increase the shipping cost.

•In Season Shipping
On orders placed for products during the current season for such product, the product will be shipped within ten business days of the date of order. However, on rare occasions, we will not be able to ship due to weather, plant unavailability, etc. If for any reason we do not ship within such ten day shipping period, we will attempt to notify you of the delay within the ten day shipping period, and provide you with an estimated date for the delayed shipping. Moreover, if for any reason we do not ship the product ordered within such ten day shipping period, the customer will, upon request, be promptly refunded in full the entire purchase price for such product unless the customer has confirmed that the delayed shipping date is satisfactory to the customer. If for any reason we do not ship the product ordered within an estimated delayed shipping date confirmed by the customer, the customer will be promptly refunded in full the entire purchase price paid for such product, upon request.

•Off Season Shipping
On orders placed for products during the off season for such product, we will provide you an estimated shipping time for the product and will inform you of any delays in meeting the estimated shipping time. In the event that we do not ship the product within the initial estimated shipping time (or the last estimated shipping time confirmed by you), we will refund the entire purchase price.

•Cancellation Prior to Timely Shipping
Except as otherwise provided above for In Season Shipping and Off Season Shipping, the customer may cancel an order at any time prior to the ordered product being dug and prepared for shipping and upon request receive a full refund of the purchase price provided a request is made therefore before the product has been dug and prepared for shipping. In the event that the cancellation occurs after the product has been dug and prepared for shipping, the customer may cancel the order at any time prior to shipping and receive, upon request, a refund of the purchase price less a restocking fee constituting 15% of the purchase price.

Shipping Rates

AL, AR, DE, DC, FL, GA, IL, IN, KY, LA, MD, MS, NC, OH, SC, TN, VA, WV
CT, IA, KS, MI, MO, NE, NJ, NY, OK, PA, RI, TX
CO, ID, MA, ME, MN, MT, NH, NV, NM, ND, SD, UT, VT, WI, WY
$60.00 - $100.00
$20.32
$26.02
$31.77
$100.01 - $140.00
$23.53
$29.28
$35.79
$140.01 - $180.00
$29.34
$35.92
$43.32
$180.01 - $240.00
$34.93
$41.83
$48.94
$240.01 - $320.00
$40.81
$49.12
$55.44
$320.01 - $400.00
$46.82
$54.16
$61.88
$400.01 - $500.00
$63.45
$500.01 - $600.00
$69.38
$600.01 – $700.00
$80.76
$700.01 - $800.00
$92.26
$800.01 - $900.00
$103.97
$900.01 - $1,000.00
$115.47
$1,000.01 - $1,200.00
$138.61
$1,200.01 - $1,400.00
$161.61
$1,400.01 - $1,600.00
$184.13
$1,600.01 - $1,800.00
$207.13
$1,800.01 - $2,000.00
$230.08
$2,000.01 - $3,000.00
$345.08
$3,000.01 - $4,000.00
$460.32
$4,000.01 - $5,000.00
$575.32
$5,000.01 - $6,000.00
$690.60
$6,000.01 - $7,000.00
$805.59
$7,000.01 - $8,000.00
$920.72
$8,000.01 - $9,000.00
$1,035.72
$9,000.01 and up
$1,150.16

Special Circumstances
5-6ft Tree Add
1.23 per tree
Additional Handling Fee
6-7ft Tree Add
3.69 per tree
Additional Handling Fee
7-8ft Tree Add
7.11 per tree
Large Package Surcharge
8-9ft Tree Add
10.46 per tree
Large Package Surcharge
9-10ft Tree Add
15.23 per tree
Large Package Surcharge
Freight Shipping
Custom
Is custom per each order and will much more expensive than the rates listed here.


*Items that have excessive weight like bamboo, banana plants and palm trees will be accessed additional weight charges. This list may not be complete, to get an accurate and up to date shipping cost please go to the next page by clicking on the proceed to checkout button and put in your shipping information then get rates.

*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.

All deciduous plants ship beginning approximately December through April, weather dependent. All evergreen, palm, bamboo, bulb, banana, fig, olive, loquat, etc. will be shipped October through May. 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.

Plant Sizes
All sizes mentioned on the website are overall sizes measured from the top of the root structure to the top of the plant. However, all pecan trees as well as all other plants described being eight feet or more in height may be pruned up to one third of the total size immediately prior to shipping unless you have made prior arrangements with us to ship the product to you by motor freight. Note that shipping by motor freight will likely increase your shipping costs. Otherwise, the product you ordered should be within the size category ordered. All plants sold by Ty Ty Nursery shipped Eco-WISE unless other arrangements have been made by the customer at the time of sale. 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 Plantsurance. Bamboo plants will be pruned back to about 1ft tall and are considered root clumps, to provide 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.

Order Discrepancy
Although we make a diligent effort to fulfill your order in strict compliance with the quantity, shipment, or size of the product ordered, there may on rare occasion be some discrepancy in quantity, shipment, or size. In such an event, we ask that you notify us within three days of your receipt of the product as to the specific discrepancy (whether in quantity, shipment, and/or size) and provide with your notice a picture depicting the discrepancy. Upon validation of the discrepancy, we will either refund you the entire purchase price paid for the product, replace the product, or adjust the price to a mutually satisfactory amount, whichever option you select.

Shipping Damages
Shipments are rarely damaged by our shipping carriers but it does happen, do not refuse any damaged package accept delivery and contact Ty Ty Nursery directly. Have your order number, merchandise variety, size, and price ready to give the customer service representative. Ty Ty Nursery will then file a damage package claim with the carrier and immediately re-ship your damaged plant material. A package is considered damaged if the trunk is separated from the roots of the tree, not if the foliage is damaged in shipping.

Cancellation and Modification of Order
Any order can be canceled or modified by the customer prior to the product being dug and processed for shipping. In the event of such cancellation, the customer will be refunded the entire purchase price paid. However, once the ordered product has been dug and processing for shipping has commenced, a customer can still cancel an order, but a restocking fee of 15% of the purchase price will be reduced from the refund of the purchase price paid. Once the ordered product has been dug and processing for shipping commenced, we can not modify the order.

Returns
If the product is returned within 3 days of receipt for a refund for any reason other than shipping delay, discrepancy as to size quantity, or quality, or defect in product, the customer will be charged a restocking fee in the amount of 15% of the purchase price and the balance of this purchase price shall be refunded. However, Ty Ty Plant Nursery does not refund the purchase price for returned products which are not shipped back to us within 3 days of receipt by the customer. However, our 1yr Plantsurance Policy for defective plant material may still be applicable. Ty Ty Plant Nursery will not pay, credit or reimburse the customer for any expense incurred by the customer in packaging and shipping any returned product.

Out of Stock and Back Ordered Products
Ty Ty Plant Nursery reserves the right to cancel, modify, refuse, or delete an order without notification, if necessary. If a plant is out of stock, we will attempt to contact the customer to discuss a possible substitution in size or variety. Unless otherwise agreed with the customer, a plant that is out of stock may be removed from an order so as not to delay shipping of the balance of the order. If an order is canceled because an item is out of stock or backordered, the entire purchase price for such item will be refunded without charge of the 15% restocking fee.

Restocking Fees
Ty Ty Plant Nursery charges a restocking fee of 15% of the purchase price. However, the restocking fee is only charged if any order is cancelled after the product has been dug and processed for shipping or the product is returned to us by the customer to no fault on the part of Ty Ty Plant Nursery.

Hassle Free Plantsurance Policy
If a plant does not survive please transplanting notify us by sending an electronic Plantsurance Claim from our website, which you can do by clicking here. Please be aware all plantsurance claims must be made within 365 days of receiving your merchandise and can only be made once per item ordered paid for not using a previous plantsurance credit. Once we receive your notification we will verify two things; first, the plants were recommended within the right USDA Growing Zone as recommended on each product page of our website, two, that your request has been made within 365 days of receiving your plant material. If you have ordered and planted material outside of USDA Zones or it has been over one year then your Plantsurance is void. Once verified we will simply ask you to send a picture of your plants with a scrape mark on the trunk to reveal the cambium, so our professionals can make sure the plant is dead and not dormant. Once pictures are submitted you will be issued an immediate store credit in the value of the plant purchased. It is much like our plant insurance policy, we guarantee the plant at the price in which you paid for it. You make use of the store credit to purchase any plant material you wish at any time you wish as it will not expire at any time. We will process plantsurance claims from the current planting season (August 1st through May 31st of the current year) starting June 1st of that year. This is to give your plants adequate time to sprout, as some plants can sit dormant for an extended period of time before leafing out.

Accurate Varieties
Ty Ty Plant Nursery LLC, takes great care to properly and correctly label all plant varieties. If your purchase has been mislabeled, with proper proof, it will be replaced with the correct products at our expense. Ty Ty Plant Nursery LLC,(and its affiliates, officers, directors and employees) shall not, in any event, be liable for damages in an amount greater than the original purchase price of the product(s). We make every effort to keep all stock true to name. On occasion certain varieties may be sold out, and we will make an equal substitute, unless you've stated "no substitution" on your order form.

Warranty Disclaimer
This site and the materials and products on this site are provided "as is" with a 1yr free Plantsurance Policy on all plants. To the fullest extent permissible pursuant to applicable law, Ty Ty Plant Nursery, 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. Ty Ty Plant Nursery, 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. Ty Ty Plant Nursery, LLC 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.

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 Ty Ty Plant Nursery, LLC. The collective work includes works that are licensed to Ty Ty Plant Nursery, LLC. Copyright 2011, Ty Ty Plant Nursery, LLC 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 Ty Ty Plant Nursery, LLC or purchasing Ty Ty Plant Nursery, 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 Ty Ty Plant Nursery, LLC or to purchase Ty Ty Plant Nursery, LLC 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 Ty Ty Plant Nursery, LLC. 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 Ty Ty Plant Nursery, LLC used in the site are trademarks or registered trademarks of Ty Ty Plant Nursery, LLC

Limitation of Liability
Ty Ty Plant Nursery, LLC 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 Ty Ty Plant Nursery, 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.

Typographical Errors
In the event that a Ty Ty Plant Nursery, LLC product is mistakenly listed at an incorrect price, Ty Ty Plant Nursery, LLC reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Ty Ty Plant Nursery, 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 canceled, Ty Ty Plant Nursery, LLC 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 Ty Ty Plant Nursery, LLC 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
Ty Ty Plant Nursery, 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 Ty Ty Plant Nursery, LLC.

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 Ty Ty Plant Nursery, LLC 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 Ty Ty Plant Nursery, LLC products) must be commenced within one (1) year after the claim or cause of action arises. Ty Ty Plant Nursery, 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. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Ty Ty Plant Nursery, LLC 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 Ty Ty Plant Nursery, 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.

Participation Disclaimer
Ty Ty Plant Nursery, 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, Ty Ty Plant Nursery, 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, Ty Ty Plant Nursery, 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 Ty Ty Plant Nursery, LLC in its sole discretion.

Indemnification
You agree to indemnify, defend, and hold harmless Ty Ty Plant Nursery, LLC, 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, Ty Ty Plant Nursery, LLC may link to sites operated by third parties. However, even if the third party is affiliated with Ty Ty Plant Nursery, LLC, Ty Ty Plant Nursery, LLC has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Ty Ty Plant Nursery, LLC. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Ty Ty Plant Nursery, 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).