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.
Packing and Shipping
We assure you good, clean stock, free from disease and insects, and hardy Northern grown. Every shipment will bear an Inspection Certificate.
Orders are sent via United Parcel Service Ground whenever possible. If you desire parcel post, please advise. When shipment is received, check plants carefully and report any damage or delay to your agent at once, and also notify us. Please note our guarantee clause below.
Girard's Guarantee We guarantee each order we send out to be filled with quality stock and that the stock will reach you in good, live, growing condition. After the stock is planted, we cannot assume responsibility. Girard stock is carefully grown and handled under normal care and conditions. It will grow and flourish. We know you would not expect free replacement of stock lost due to conditions beyond our control, such as extreme heat or cold, possible neglect, or lack of experience on the part of the planter.
However, if you will report losses due to above-mentioned conditions within 30 days after receipt of the plants, and if you accompany your report with remittance equal to one-half of the original purchase price, we will send replacements for the lost stock. We will ship replacement orders at the earliest possible date, or the shipment can be included with your next order. When reporting losses, state clearly the variety, quantity, and price. A copy of your original order would prove helpful.
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 Girard Nurseries. The collective work includes works that are licensed to Girard Nurseries. Copyright 2003, Girard Nurseries 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 Girard Nurseries or purchasing Girard Nurseries 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 Girard Nurseries or to purchase Girard Nurseries 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 Girard Nurseries. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
Limitation of Liability
Girard Nurseries 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 Girard Nurseries 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 Girard Nurseries product is mistakenly listed at an incorrect price, Girard Nurseries reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Girard Nurseries 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, Girard Nurseries 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 terminated by Girard Nurseries 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.
Girard Nurseries 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 Girard Nurseries.
You agree to indemnify, defend, and hold harmless Girard Nurseries, its officers, directors, employees, agents, licensors 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.
PO Box 428
Geneva, OH 44041