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Where do I stand legally?

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  • punkdocpunkdoc Posts: 15,039
    If you want the widest possible choice of plants, you will almost inevitably have to buy on line. I have probably bought 90% of my plants this way for many years.
    If they are dead, or the wrong variety, I expect and get a refund. Companies usually expect photographic evidence, which is reasonable.
    How can you lie there and think of England
    When you don't even know who's in the team

    S.Yorkshire/Derbyshire border
  • NollieNollie Posts: 7,529
    From a legal perspective, UK consumer law overrides any company’s T&Cs. The OP is still entitled to a refund as the company were given the opportunity to repair/replace and declined to do so. It is difficult to prove who is at fault with plants though and it is possible they do just need more time..

    Can the supplier prove they were viable to begin with? Did all the tubers look ok on arrival - firm and free from mould? Can you describe your care regime to them and are confident it was not your fault? All you can do is write to them again, quoting the law, setting out your case, saying that if they do not start to shoot within x period, you are entitled to assume non-viability of the goods received and frustrated contract, thus will be instigating a paypal claim and publicising their attitude on social media.
    Mountainous Northern Catalunya, Spain. Hot summers, cold winters.
  • Valley GardenerValley Gardener Posts: 2,851
    Mine have taken forever to show any signs of life,I have been on the point of ditching them,until one microscopic green shoot showed earlier this week. This is the latest they have ever been. However they do last well into October. I'd be inclined to give them a bit longer before giving up altogether.
    The whole truth is an instrument that can only be played by an expert.
  • thevictorianthevictorian Posts: 1,279
    I think the customer service team are sometimes trained to avoid fault and told to blame the customer, so I would just keep going back to them.

    I have a friend that has a degree in horticulture and he bought some bare root eryngiums from a well known company that turned up rotting and putrid. The team claimed he had invalidated his chances of a refund because when they asked for a picture he sent one of a brown root, which is what they should look like, they wanted further evidence so he squeezed the purifying pulps out from one and they claimed he had killed it and proceeded to give him a lecture on how plants grow and why he had killed it. He couldn't be bothered to argue so went through PayPal to get a refund but they will try out all the tricks to get out of refunds as I don't think they care about customer loyalty. 

     
  • Just to update you on the situation, I didn't chase the company any further but have made a mental note never to use them again.  
    The saga didn't end there, however!  This year (2023) I ordered the same type of Begonia, along with other plants from a different company and nice healthy looking tubers and plants arrived, well packed etc.  Only thing was that, when the Begonias started to sprout, I noticed that the leaves were not the shape I was expecting and after waiting for a flower to develop, it turned out that I'd been sent the wrong tubers!  I wanted trailers for a particular display and received uprights in the wrong colour!  I received a full refund.  Better luck next year!!   :)
  • FireFire Posts: 19,096
    Thanks for the follow up. Always useful. Rubbish that you had a rubbish situation all over again
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