Any order delivered with a discrepancy in quantity, quality, or size must be brought to Dragon’s Alley Nursery’s attention within three days of delivery. Dragon’s Alley Nursery cannot be held accountable for any claims made after three days after delivery. Orders that are return shipped to Dragon’s Alley Nursery, at the customer’s expense, within 3 days of delivery will be canceled and refunded. Dragon’s Alley Nursery will in no way pay, credit, or reimburse the customer for any expense associated with the cost of return shipping.
Shipments are rarely damaged by our shipping carriers but it does happen, do not refuse any damage package, accept delivery and contact Dragon’s Alley Nursery directly. Have your order number, merchandise variety, size, and price ready to get the customer service representative. Dragon’s Alley Nursery will then file a damage package claim with the carrier and immediately re-ship your order. A package is considered damaged if the trunk is separated from the roots of the tree, not if the foliage is damaged in shipping.
Any order can be canceled or modified prior to the order being processed for shipping, however a 15% cancellation fee will be assessed. Once the order has been processed/dug for shipping Dragon’s Alley Nursery cannot cancel an order. In this case you must return the order, at the customer’s expense, for a refund within 3 business days. Any order that is cancelled, refused and/or returned for a refund will be charged a 15% cancellation/restocking fee. Dragon’s Alley Nursery reserves the right to cancel, modify, refuse, or delete an order without 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 without customer approval, but may be removed to not hold the shipping of the entire order, if no response is made after a contact attempt by Dragon’s Alley Nursery. Any order that is cancelled because an item is out of stock or backordered will not be charged a 15% cancellation/restocking fee.
Dragon’s Alley Nursery, 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. Dragon’s Alley Nursery (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, We will contact you for approval unless you’ve stated “no substitution” on your order form.
This site and the materials and products on this site are provided “as is” with a 30-day warranty. Dragon’s Alley Nursery 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. Dragon’s Alley Nursery 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.
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 Dragon’s Alley Nursery. The collective work includes works that are licensed to Dragon’s Alley Nursery Copyright 2021, Dragon’s Alley Nursery 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 Dragon’s Alley Nursery or purchasing Dragon’s Alley Nursery 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 Dragon’s Alley Nursery or to purchase Dragon’s Alley Nursery 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 Dragon’s Alley Nursery. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
All trademarks, service marks and trade names of Dragon’s Alley Nursery used in the site are trademarks or registered trademarks of Dragon’s Alley Nursery.
Limitation of Liability
Dragon’s Alley Nursery 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 Dragon’s Alley Nursery 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 The Dragon’s Alley Nursery product is mistakenly listed at an incorrect price, Dragon’s Alley Nursery reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Dragon’s Alley Nursery 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, Dragon’s Alley Nursery 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 Dragon’s Alley Nursery 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.
Dragon’s Alley Nursery 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 Dragon’s Alley Nursery.
Your use of this site shall be governed in all respects by the laws of the state of Texas, 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 Dragon’s Alley Nursery products) shall be in the state or federal courts located in Bexar County, Texas. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Dragon’s Alley Nursery products) must be commenced within one (1) year after the claim or cause of action arises. Dragon’s Alley Nursery’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. Dragon’s Alley Nursery 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 Dragon’s Alley Nursery 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.
Dragon’s Alley Nursery 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, Dragon’s Alley Nursery 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, Dragon’s Alley Nursery 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 Dragon’s Alley Nursery in its sole discretion.
You agree to indemnify, defend, and hold harmless Dragon’s Alley Nursery, 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.
In an attempt to provide increased value to our visitors, Dragon’s Alley Nursery may link to sites operated by third parties. However, even if the third party is affiliated with Dragon’s Alley Nursery, Dragon’s Alley Nursery has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Dragon’s Alley Nursery. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Dragon’s Alley Nursery 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).