GARDENS OY VEY - AN ONLINE NURSERY
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Policies

Inventory Note
Gardens Oy Vey is known over the last few years for carrying many rare and unique trees, shrubs and plants, all  full size plants, directly from the nursery to our clients. This causes us to get many requests for products we don't currently have in-stock. We do source many trees from local grower friends and collectors. New products are added all year round, but we typically bring in new cultivars faster than we can get them listed. If you don't see a tree or plant listed contact us. Keep in mind that 50-60% of our inventory is rare and in short supply, and not available at your local Garden Centers, as some plants run out they may not be available again for years.  

Basic Policies
We are always here to do right by our customers. If you feel like your transaction was not to your expectations, contact us for resolution.
Shipping USPS Priority and for larger orders or bigger plants we use UPS Ground or FedEx Ground.  We ship year round, but sometimes we skip a week or three due to extreme weather, delaying Holidays, tender new growth or busy season delays. All plants are grown outside the greenhouse environment in zone 7b Thus making them smaller than greenhouse (forced growth) plants you may purchase from other nurseries, we believe this to be the best growing method for longevity and hardiness and makes for better general plant starts, it also helps in reducing transplant shock and leaf scorch. We ship plant material year round, but realize your location may require up to a 6 month delay for weather. Maples and other deciduous trees have tender leaves so we prefer to ship them in dormancy. We don't mind holding orders for up to 6 months to accommodate your optimal planting season, just leave us a 2-3 week shipping window in the checkout comment box. If you live in a seasonally extreme climate and do not request a specific shipping window you assume all risks of receiving plants outside your optimal planting season. Inventory's are typically highest midsummer and midwinter, so don't hesitate on getting your orders placed for future shipping. We will alert you a week or two week before we ship.
Although rare, sometimes your new purchases will perish or be degrading in health from shipping. If this happens please contact us below (within 24 hours of receiving shipment) for further instructions. We do not accept returns so do not ship plants back to us. Your order will carry a guarantee from shipping damage or rapidly desiccating foliage and/or branches. We require pictures of damaged boxes and plant material within 24 hours to start the credit process. Once a product ships, shipping costs will not be refunded. 

Q. How Much is shipping?
We do ship USPS, UPS and FEDEX.
STARTING 2019 WE WILL SHIP FREE TO 35 STATES AND WITH REDUCED RATES
TO THE REST OF THE COUNTRY TO STREAMLINE WITH OUR AMAZON, ETSY AND EBAY ACCOUNTS.


Q. What are the sizes?
A. All of our plant material is sold by years of growth. We have found this to be the most honest way of selling plants. Generally speaking 1-3 years of growth will be growing in 1 gallon nursery pots. 4-7 years of growth in 2-3 gallon nursery pots. 8-10 years of growth in a 5-6 gallon nursery pots. This is all averages of coarse. Some of the miniature products will be in a 1 gallon pot at 11+ years old. Please know and understand the cultivars you are purchasing. Plant material grown in nursery pots are not going to be the same sizes as the 10 year average landscape sizes posted in the plant description pages on our website. These descriptions are for design reference only and assume the product was planted in the landscape at year 1 with no transplant shock for 10 years straight, also note the pictures we use on the website are mostly of plants in display gardens at varying ages and should not be used as an indicator of the sizes you are purchasing.
We reserve the right to selectively prune all plant material before shipping. We typically only do this for the faster growing trees (Japanese Maples) and will never prune a tree out of proper structure (just to fit a box). We strongly encourage you prune your maples to promote proper branching and structure anyway. Our growing practices include low dose slow release fertilizers and structural pruning for proper branching and aesthetics. These trees are ready to shoot new roots into your gardens, patio pots, or continue on with bonsai practice. Very healthy way to start young trees, with our attention to details and ability to still offer affordable plants, you can be assured a quality product at reasonable prices.  Our plants are propagated by seedlings, cuttings or grafts. All determined by each cultivars requirements. 

An important note:
​We only ship to the Continental Central USA and not to Alaska, Hawaii and the American Territories.

Privacy Policy
​Last updated: January 20, 2022

This Privacy Policy describes Our policies and procedures on the collection,
use and disclosure of Your information when You use the Service and tells You
about Your privacy rights and how the law protects You.

We use Your Personal data to provide and improve the Service. By using the
Service, You agree to the collection and use of information in accordance with
this Privacy Policy. This Privacy Policy has been created with the help of the
[Privacy Policy Template](https://www.privacypolicies.com/blog/privacy-policy-
template/).

Interpretation and Definitions  
==============================

Interpretation  
--------------

The words of which the initial letter is capitalized have meanings defined
under the following conditions. The following definitions shall have the same
meaning regardless of whether they appear in singular or in plural.

Definitions  
-----------

For the purposes of this Privacy Policy:

  * Account means a unique account created for You to access our Service or
    parts of our Service.

  * Company (referred to as either "the Company", "We", "Us" or "Our" in this
    Agreement) refers to Gardens Oy Vey, 4655 CHESTER RD, ARLINGTON TN 38002.

  * Cookies are small files that are placed on Your computer, mobile device or
    any other device by a website, containing the details of Your browsing
    history on that website among its many uses.

  * Country refers to: Tennessee, United States

  * Device means any device that can access the Service such as a computer, a
    cellphone or a digital tablet.

  * Personal Data is any information that relates to an identified or
    identifiable individual.

  * Service refers to the Website.

  * Service Provider means any natural or legal person who processes the data
    on behalf of the Company. It refers to third-party companies or
    individuals employed by the Company to facilitate the Service, to provide
    the Service on behalf of the Company, to perform services related to the
    Service or to assist the Company in analyzing how the Service is used.

  * Usage Data refers to data collected automatically, either generated by the
    use of the Service or from the Service infrastructure itself (for example,
    the duration of a page visit).

  * Website refers to Gardens Oy Vey - An Online Nursery, accessible from
    <https://www.gardensoyvey.com/#/>

  * You means the individual accessing or using the Service, or the company,
    or other legal entity on behalf of which such individual is accessing or
    using the Service, as applicable.


Collecting and Using Your Personal Data  
=======================================

Types of Data Collected  
-----------------------

Personal Data  
~~~~~~~~~~~~~

While using Our Service, We may ask You to provide Us with certain personally
identifiable information that can be used to contact or identify You.
Personally identifiable information may include, but is not limited to:

  * Email address

  * First name and last name

  * Phone number

  * Address, State, Province, ZIP/Postal code, City

  * Usage Data


Usage Data  
~~~~~~~~~~

Usage Data is collected automatically when using the Service.

Usage Data may include information such as Your Device's Internet Protocol
address (e.g. IP address), browser type, browser version, the pages of our
Service that You visit, the time and date of Your visit, the time spent on
those pages, unique device identifiers and other diagnostic data.

When You access the Service by or through a mobile device, We may collect
certain information automatically, including, but not limited to, the type of
mobile device You use, Your mobile device unique ID, the IP address of Your
mobile device, Your mobile operating system, the type of mobile Internet
browser You use, unique device identifiers and other diagnostic data.

We may also collect information that Your browser sends whenever You visit our
Service or when You access the Service by or through a mobile device.

Tracking Technologies and Cookies  
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

We use Cookies and similar tracking technologies to track the activity on Our
Service and store certain information. Tracking technologies used are beacons,
tags, and scripts to collect and track information and to improve and analyze
Our Service. The technologies We use may include:

  * Cookies or Browser Cookies. A cookie is a small file placed on Your
    Device. You can instruct Your browser to refuse all Cookies or to indicate
    when a Cookie is being sent. However, if You do not accept Cookies, You
    may not be able to use some parts of our Service. Unless you have adjusted
    Your browser setting so that it will refuse Cookies, our Service may use
    Cookies.
  * Flash Cookies. Certain features of our Service may use local stored
    objects (or Flash Cookies) to collect and store information about Your
    preferences or Your activity on our Service. Flash Cookies are not managed
    by the same browser settings as those used for Browser Cookies. For more
    information on how You can delete Flash Cookies, please read "Where can I
    change the settings for disabling, or deleting local shared objects?"
    available at <https://helpx.adobe.com/flash-player/kb/disable-local-
    shared-objects-
    flash.html#main_Where_can_I_change_the_settings_for_disabling__or_deleting_local_shared_objects_>
  * Web Beacons. Certain sections of our Service and our emails may contain
    small electronic files known as web beacons (also referred to as clear
    gifs, pixel tags, and single-pixel gifs) that permit the Company, for
    example, to count users who have visited those pages or opened an email
    and for other related website statistics (for example, recording the
    popularity of a certain section and verifying system and server
    integrity).

Cookies can be "Persistent" or "Session" Cookies. Persistent Cookies remain on
Your personal computer or mobile device when You go offline, while Session
Cookies are deleted as soon as You close Your web browser. Learn more about
cookies: [Cookies by PrivacyPolicies
Generator](https://www.privacypolicies.com/blog/privacy-policy-
template/#Use_Of_Cookies_Log_Files_And_Tracking).

We use both Session and Persistent Cookies for the purposes set out below:

  * Necessary / Essential Cookies

    Type: Session Cookies

    Administered by: Us

    Purpose: These Cookies are essential to provide You with services
    available through the Website and to enable You to use some of its
    features. They help to authenticate users and prevent fraudulent use of
    user accounts. Without these Cookies, the services that You have asked for
    cannot be provided, and We only use these Cookies to provide You with
    those services.

  * Cookies Policy / Notice Acceptance Cookies

    Type: Persistent Cookies

    Administered by: Us

    Purpose: These Cookies identify if users have accepted the use of cookies
    on the Website.

  * Functionality Cookies

    Type: Persistent Cookies

    Administered by: Us

    Purpose: These Cookies allow us to remember choices You make when You use
    the Website, such as remembering your login details or language
    preference. The purpose of these Cookies is to provide You with a more
    personal experience and to avoid You having to re-enter your preferences
    every time You use the Website.

For more information about the cookies we use and your choices regarding
cookies, please visit our Cookies Policy or the Cookies section of our Privacy
Policy.

Use of Your Personal Data  
-------------------------

The Company may use Personal Data for the following purposes:

  * To provide and maintain our Service , including to monitor the usage of
    our Service.

  * To manage Your Account: to manage Your registration as a user of the
    Service. The Personal Data You provide can give You access to different
    functionalities of the Service that are available to You as a registered
    user.

  * For the performance of a contract: the development, compliance and
    undertaking of the purchase contract for the products, items or services
    You have purchased or of any other contract with Us through the Service.

  * To contact You: To contact You by email, telephone calls, SMS, or other
    equivalent forms of electronic communication, such as a mobile
    application's push notifications regarding updates or informative
    communications related to the functionalities, products or contracted
    services, including the security updates, when necessary or reasonable for
    their implementation.

  * To provide You with news, special offers and general information about
    other goods, services and events which we offer that are similar to those
    that you have already purchased or enquired about unless You have opted
    not to receive such information.

  * To manage Your requests: To attend and manage Your requests to Us.

  * For business transfers: We may use Your information to evaluate or conduct
    a merger, divestiture, restructuring, reorganization, dissolution, or
    other sale or transfer of some or all of Our assets, whether as a going
    concern or as part of bankruptcy, liquidation, or similar proceeding, in
    which Personal Data held by Us about our Service users is among the assets
    transferred.

  * For other purposes : We may use Your information for other purposes, such
    as data analysis, identifying usage trends, determining the effectiveness
    of our promotional campaigns and to evaluate and improve our Service,
    products, services, marketing and your experience.


We may share Your personal information in the following situations:

  * With Service Providers: We may share Your personal information with
    Service Providers to monitor and analyze the use of our Service, to
    contact You.
  * For business transfers: We may share or transfer Your personal information
    in connection with, or during negotiations of, any merger, sale of Company
    assets, financing, or acquisition of all or a portion of Our business to
    another company.
  * With Affiliates: We may share Your information with Our affiliates, in
    which case we will require those affiliates to honor this Privacy Policy.
    Affiliates include Our parent company and any other subsidiaries, joint
    venture partners or other companies that We control or that are under
    common control with Us.
  * With business partners: We may share Your information with Our business
    partners to offer You certain products, services or promotions.
  * With other users: when You share personal information or otherwise
    interact in the public areas with other users, such information may be
    viewed by all users and may be publicly distributed outside.
  * With Your consent : We may disclose Your personal information for any
    other purpose with Your consent.

Retention of Your Personal Data  
-------------------------------

The Company will retain Your Personal Data only for as long as is necessary
for the purposes set out in this Privacy Policy. We will retain and use Your
Personal Data to the extent necessary to comply with our legal obligations
(for example, if we are required to retain your data to comply with applicable
laws), resolve disputes, and enforce our legal agreements and policies.

The Company will also retain Usage Data for internal analysis purposes. Usage
Data is generally retained for a shorter period of time, except when this data
is used to strengthen the security or to improve the functionality of Our
Service, or We are legally obligated to retain this data for longer time
periods.

Transfer of Your Personal Data  
------------------------------

Your information, including Personal Data, is processed at the Company's
operating offices and in any other places where the parties involved in the
processing are located. It means that this information may be transferred to --
and maintained on — computers located outside of Your state, province, country
or other governmental jurisdiction where the data protection laws may differ
than those from Your jurisdiction.

Your consent to this Privacy Policy followed by Your submission of such
information represents Your agreement to that transfer.

The Company will take all steps reasonably necessary to ensure that Your data
is treated securely and in accordance with this Privacy Policy and no transfer
of Your Personal Data will take place to an organization or a country unless
there are adequate controls in place including the security of Your data and
other personal information.

Disclosure of Your Personal Data  
--------------------------------

Business Transactions  
~~~~~~~~~~~~~~~~~~~~~

If the Company is involved in a merger, acquisition or asset sale, Your
Personal Data may be transferred. We will provide notice before Your Personal
Data is transferred and becomes subject to a different Privacy Policy.

Law enforcement  
~~~~~~~~~~~~~~~

Under certain circumstances, the Company may be required to disclose Your
Personal Data if required to do so by law or in response to valid requests by
public authorities (e.g. a court or a government agency).

Other legal requirements  
~~~~~~~~~~~~~~~~~~~~~~~~

The Company may disclose Your Personal Data in the good faith belief that such
action is necessary to:

  * Comply with a legal obligation
  * Protect and defend the rights or property of the Company
  * Prevent or investigate possible wrongdoing in connection with the Service
  * Protect the personal safety of Users of the Service or the public
  * Protect against legal liability

Security of Your Personal Data  
------------------------------

The security of Your Personal Data is important to Us, but remember that no
method of transmission over the Internet, or method of electronic storage is
100% secure. While We strive to use commercially acceptable means to protect
Your Personal Data, We cannot guarantee its absolute security.

Children's Privacy  
==================

Our Service does not address anyone under the age of 13. We do not knowingly
collect personally identifiable information from anyone under the age of 13.
If You are a parent or guardian and You are aware that Your child has provided
Us with Personal Data, please contact Us. If We become aware that We have
collected Personal Data from anyone under the age of 13 without verification
of parental consent, We take steps to remove that information from Our
servers.

If We need to rely on consent as a legal basis for processing Your information
and Your country requires consent from a parent, We may require Your parent's
consent before We collect and use that information.

Links to Other Websites  
=======================

Our Service may contain links to other websites that are not operated by Us.
If You click on a third party link, You will be directed to that third party's
site. We strongly advise You to review the Privacy Policy of every site You
visit.

We have no control over and assume no responsibility for the content, privacy
policies or practices of any third party sites or services.

Changes to this Privacy Policy  
==============================

We may update Our Privacy Policy from time to time. We will notify You of any
changes by posting the new Privacy Policy on this page.

We will let You know via email and/or a prominent notice on Our Service, prior
to the change becoming effective and update the "Last updated" date at the top
of this Privacy Policy.

You are advised to review this Privacy Policy periodically for any changes.
Changes to this Privacy Policy are effective when they are posted on this
page.

Contact Us  
==========

If you have any questions about this Privacy Policy, You can contact us:

  * By visiting this page on our website:
    <https://www.gardensoyvey.com/policies.html#/>

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  • Home
  • Shop
    • Featured Products
    • Categories
  • Info
    • Search Gardens Oy Vey
    • Planting Instructions
    • Articles & Information
    • Important Shipping Info
    • Policies
    • Downloads
    • Slideshows >
      • Living Simple
      • Family, Friends & Odds & Ends
      • Gardens Over Time
  • Design
    • Custom Container Gardens
  • Search
  • About
    • Contact
  • What's New At Oy Vey
  • Our Latest Newsletter
  • Table Gardens
    • The History