London (change)
Today 11°C / 3°C
Tomorrow 7°C / 3°C
1 to 20 of 26 messages
22/10/2013 at 21:07

i bought a 10 litre orange tree plant off a online internet site for £80.99.

£65.99 plus £15 post .

 

for some reason it took about 2 months to arrive.

i received it last week and it looked small to me for the price i paid.

i done some sums and found out the pot size is 7 litre not 10 litre.

the plant also has a tag saying clt 7 which i am guessing is saying it is 7 litre.

i emailed both the site owners saying it was 7 litre but had no reply so i emailed again not long ago and they emailed back saying this,

Thank you for your email concerning your plant. In general we use pot size as a
guide only as quite often a supplier will put a plant in a larger pot and sell
it for more, however I can assure you it would be the same size plant in real
terms.

 

i get what they are saying but still don,t really understand...

should i not get a tree in a 10 litre pot if i paid for one.

surely if a plant is in a 7 litre pot then it is a 7 litre size and not a 10 litre??

thank you for any answers in advance

22/10/2013 at 21:11

If it is not as described, and you are not satisfied then contact your local Trading Standards Office directly. 

22/10/2013 at 21:12

Did they give you an idea of the size of the tree you would be paying for?

Pot size doesnt really matter, although under the trade descriptions act they should supply as they advertise.

22/10/2013 at 23:52

thank you for the replies.

no size was given for each tree, just pot size in litres.

on their site the smallest tree/pot size they sell is 10 litre....yet i received a 7 litre.

would there be much difference between a 7 and 10 litre tree?

£80 just seams very expensive for the size of the tree i received. they are about half that price at my garden center.

23/10/2013 at 00:11

If you are dissatisfied amd don't  want that tree you are entitled to your money back on the basis that it was not supplied as described. Yes, it should have been in a 10 litre pot....I.e. a bigger plant would have therefore been expected.  Unless the website actually said the pot size was a guide only then it is misleading and false advertising. 

I suggest 3 things

A full refund of your money.  

A discount ..£20....because the plant is smaller than suggested

A threat to name and shame on the forum.....if they do not respond.

However, what size is the tree?  Is it a named variety?  Does it look a healthy tree?  

It does seem to me to be expensive.  You must have considered it worth that price when you ordered it.  Where will this tree be located over winter?  

(I received a number of perennials supposedly in 3 litre pots once.  They arrived in those pots but were not 3 litre size plants.  They argued their point much as this supplier has done.  I returned the plants minus their pots and had full refund.  )

 

23/10/2013 at 10:25

I ordered some geranium plug plants and euphoriba from Telegraph Online (£32 total).
When they arrived, 2 of the geraniums were dead, the rest were (and still are) fine. I emailed Telegraph Online twice over 2 weeks and got no reply.
As I bought on-line I contacted my card provider and explained the problem.

Within a few days they credited my account with the full amount £32. (So I got refunded for both the euphorbias - which were all fine, and the geraniums)

Def worth contacing your card provider.

Good luck!

23/10/2013 at 11:27

 I can understand what the seller is saying, however I have had similar problems, however the plant was in the pot described however when I went to plant the tree all the soil fell off leaving a much smaller root ball. You are essentially buying the root when you buy a plant, that is, that is what is going to determine the potential for the plant. I would contact the seller again and tell them exactly what you expect from them. If they don't provide a satisfactory response then contact your card provider. You should at least give the seller a chance to put it right first. Though I do respect you have already contacted them.

 

23/10/2013 at 15:01

The seller has a LEGAL OBLIGATION to correctly advertise their goods.  If they advertise a 10ltr pot then it must come in a 10 litre pot!  There are many companies who thrive on misleading customers knowing that they don't want to cause a fuss.  It is likely that they have purchased the plants from a nursery at 7ltr pot prices.  Even the 7 litre pot costs less to buy than the 10 litre, the soil costs less, the courier charges are less, packaging is less etc etc.

You are covered by the sale of goods act.  The government advice to retailers says: 

You are responsible for the goods you sell and if a customer returns an item they purchased from you because it

• does not match the description

you (not the manufacturer or supplier) are legally obliged to resolve the matter with the customer at any time for up to six years from the date of purchase, or in Scotland for up to five years from the discovery of the problem.

Any refund, repair or replacement you arrange with your customer relating to faulty goods (this includes incorrectly described) must not cause them too much inconvenience and you will have to pay for other costs, for example, collection or delivery.

If you disagree with a customer’s claim, you can ask if they are willing for you to send the item to a third party or the manufacturer for inspection. If the customer agrees you can do this, it is important to remember that the goods must not be damaged during this process.

http://www.oft.gov.uk/shared_oft/738369/738375/OFT002_SOGA_explained.pdf

23/10/2013 at 20:05

Dd1965

Let us know how you get on.  Be persistent, know your rights (farmergeddon above) and decide ...keep the tree ar a discounted price or return the whole thing for full and final refund

24/10/2013 at 02:32

thank you everyone.

if anyone is interested then here is my 2 emails and 2 replys from the company.

 

my email i sent them---hello, it said on your site that pot size will be 10 litre...it does not say pot size is a guide.

..the tree is very small for the price paid.....I did pay for a 10 litre not a small 7 litre..

please can you send me a larger size 10 litre that was paid for...

I paid for a 10 litre as I wanted a larger tree and instead you have sent me a 7 litre which is not much off half the size I ordered and paid for.

 .I really don,t understand what you are saying about supplier putting plant in smaller pot....

I could understand a 7 litre put in a larger pot but how do you take a larger plant and put it in a smaller pot ....and why on earth would anyone do that????

 

so please can you send me the larger tree that I paid for and please can you email me back asap..thank you..

 

 

 

this is their reply..----Thank you for your email concerning your plant. In general we use pot size as a
guide only as quite often a supplier will put a plant in a larger pot and sell
it for more, however I can assure you it would be the same size plant in real
terms.

 

i emailed them again and recieved this reply...i don,t understand what they are saying???

Thank you for your email

 

I understand your point but must correct you on one issue it did say that a supplier will put a plant in a LARGER POT, I can assure you the size of the plant above ground is the same.

 

i  have just emailed again and i am awaiting another reply from them

i told them that i can understand suppliers puting a smaller tree in a larger pot so they can sell it at a bigger price but cant understand why on earth someone would put a larger tree in a smaller pot??

 

..they seem to be a bad company  , i placed my order with them in june for a pomegranate tree.

they emailed me telling me it would be with me in 2-3 weeks times but it never arrived..i emailed them loads of times and never had replys so i phoned quite a few times and was promised it would be sorted but never was.

i was eventually told in september that they are out of stock.

i asked for refund but had no reply so i phoned up and was told to email their accounts dept for a refund

i done that but email said something about taking a month before they get round to answering it so i decided instead to buy a citrus tree instead of getting a refund..

tree was ordered and i thought i would have it in a few days but then the problems started again.

tree was meant to arrive one day but did not so i got in touch and was told they had a problem with courier and they said ,, to be honest i dont know when it will be delivered,,.

anyway tree eventually arrived but it is a 7 litre and not a 10 litre...

....they keep saying to me that suppliers put smaller trees in bigger pots.

but my tree if it is a 10 litre as they are saying has been put in a smaller pot..

its just stupid what they are saying...

 

24/10/2013 at 05:27

The carrier probably charges by weight - a smaller pot will cost them less to send to you - however that does not mean they should do it.  

If the tree is of a size to be in a 10litre pot then it can't have been put into a smaller pot without the roots having been trimmed. I would expect a citrus tree in a 10litre pot to be fairly substantial - if you don't think you've got the tree you paid for tell them you want either

  1. a refund of a proportion of your payment (30% would seem reasonable to me - think the pot you got is that much smaller than the pot they told you they were sending).  Or
  2. a total refund of your payment plus shipping costs and labels and courier details so you can return the tree to them.

Tell them that failure to comply with your request will leave you with no alternative but to pass the matter to your local Trading Standards Officer.  

Send them this information by email, but also send them a paper copy by Recorded Delivery with a copy sent to Tradng Standards. 

 

24/10/2013 at 09:03

You are also covered by the distance selling regulations.  

Again some text from the OFT to retailers.

The arrangements for delivery or performance of the service, for example when consumers can expect delivery of the goods or the service to start. The contract should be performed within 30 days unless the parties agree to a different period.

Where the DSRs give consumers the right to cancel an order, this right is unconditional and begins from the moment the contract is concluded. Unlike when buying from a shop the first time that a consumer will have an opportunity to examine goods purchased by distance means is when they receive them. When a consumer cancels a contract to which the cancellation provisions apply they are entitled to a refund of any money they have paid in relation to the contract even if the goods are not defective in any way.

The time limits for cancellation are seven working days (not including weekends or bank holidays) after the day on which they receive the goods – provided you give the consumer the required written information no later than the time the goods are delivered [otherwise it's an extra 3 months]

What must consumers do if they want to cancel?

They must tell you in writing or in another durable medium such as e-mail, if they want to cancel but not by phone unless your terms say this is acceptable. The effective date for cancellations under the DSRs is the date on which the consumer gives notice of cancellation to you.

The full details can be found here.

24/10/2013 at 09:06

I used to be a retailer and I also absolutely love complaining of below standard service.

24/10/2013 at 09:18

I agree with all the above advice.  Why not name the company here?  Tell them that and how they respond will be documented here. Naming the company helps us too and perhaps others here have had similar issues with them

10/11/2013 at 17:03

I can't beleive I've just been stung with the same thing. I bought two plants in 3 Lt pots, paid £11 each for them. I just planted them, when I knocked them out of the pots they were just 90cm plants. The RHS is selling the same plants in 90cm pots for 3 for £12. 

http://s3.gardenersworld.com/uploads/images/original/33862.jpg?width=350

dd your story trumps mine by a long way though. I paid with RBS VISA I don't think I'll have the same money back rights as I would if I'd paid with my credit card. I'll use that from now on, especially if I'm dealing with someone I've not bought from before. I happened to by a different variety of the same Aronia from someone else  When it came it was three times the size and exactly the same price from Larch Cottage in Cumbria. Larch Cottage are a much better company the Cornus mas they sent was very well pruned but they did send me a photo before they sent it to ask me if I still wanted it. As I said to them it's the roots you really want so I was happy to accept it as it was such a rare variety and the last one. I'd buy from LC again. I won't mention the bad company to keep some bargaining power. 

 

Lyn
10/11/2013 at 17:21

It so pays to shop around. Perhaps you dont have a local garden centre, there you can see what you are buying.

10/11/2013 at 17:52

Hi Lyn. So true. Unfortunately the local garden centre only stocks your bog standard plants. I do support them and if I can I'd prefer to shop from them. The closest closed last year sadly, to make way for housing. If you want something a litte out of the ordinary though, you have to shop on line. These are quite unusual varieties so I had to try a site I'd never used before. The other plants were fine, though the one's from Larch Cottage were still better. I'll name and shame if I don't get a good response from my conplaint. 

10/11/2013 at 17:52

I always use credit cards for online purchases...actually for most face to face ones too....for the protection they give.  

I bought plan ts from gardening express .....if I recall correctly they were advertised as 1litre plants but really they were plugs sitting in the middle.  I complained and received refund.  

I guess  we have all been caught out now and then Jim.

Plants advertised as 3 litre etc should rightly be of that size, viz., filling the pot 

10/11/2013 at 17:58

Agreed and I shall be using my credit card from now on. I should have known better really. The site was full of advertising which is always a bad sign. 

12/11/2013 at 16:23

Why dont you name on here the company involved. It will be useful to many on here who can avoid them like the plague!

1 to 20 of 26 messages