Posted: 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.