Tree sales via internet

Rotor

Hi, I bought 3 trees from 'Johns Market Garden' , all named varieties so should have been grafted. When the trees arrived none were grafted and so can't be what I ordered.
I emailed them to say I wasn't happy and why 2 days after receiving them but have been ignored ( it's now 6 days after receiving the trees)


So what do I do now? I am about to send an email asking for a refund to get within the 7 day 'distance selling regulations' but don't know if bare root trees are covered under this, or are considered 'perishable' . Anyway it is not a change of mind' refund but a 'wrong item sent' one.
Do I have to return them regardless or do I wait till they request I return them? ( presumably they should pay as it is their mess up)


Any help would be appreciated


Thanks


P.s. - I paid with mastercard , annoyingly the total was £99.80 so under the £100 threshold

agrinnall

DSRs were superceded last year by the Consumer Contract Regulations which give you 14 days to request a refund. But as you point out, your claim is under SOGA so that's irrelevant. Simply inform the supplier, and if they don't give you the response you want in a reasonable time take it up with your card issuer to request a Chargeback.

sheramber

What does it say in the Terms and Conditions?

Rotor

Thanks for the replies folks.


I have just sent them this email;-...........


Re : this order , I emailed you on Monday about my dissatisfaction with this order but have received no reply. I would like a full refund of the monies paid for this order as the items you sent were nothing like the items I ordered.
I realise you may want the plants you sent to be returned and if you do I shall expect you to cover the costs of postage as I am claiming this refund under the Sale Of Goods Act and not under Distance Selling Regulations (Consumer Contracts Act) or your 'change of mind' returns rules.
Please let me know if you want them returned as soon as possible and also refund my money as soon as possible too.

Yours Sincerely




................
So how long do I now give them to reply and refund, and is it straight to 'Letter before Action' if unsatisfactory?
As to the chargeback ; I paid on a mastercard credit card so I thought it had to be over £100 before the card became equally liable?


Their return t&cs state the statutary 14 days but buyer pays costs.

wealdroam

Rotor wrote: »

As to the chargeback ; I paid on a mastercard credit card so I thought it had to be over £100 before the card became equally liable?

A chargeback can be requested when either a credit or debit card is used. There is a £10 minimum purchase price when requesting a Mastercard chargeback.

The '£100 minimum' is for a Section 75 claim.
In the S75 case, the '£100 minimum' is price per item, not the total order value so you are well outside the bounds of this.

See these two MSE articles:

Visa, Mastercard & Amex Chargeback

Section 75 refunds

bris

sheramber wrote: »

What does it say in the Terms and Conditions?

It makes no difference what they say, they can not supersede the OP's consumer rights.

Poppie68

Have you tried ringing them? They have a contact number on the website.

maninthestreet

OP - please let us know if you get to the root of the problem....

neilmcl

Is it worth checking if the store has any other branches?

InsideInsurance

Rotor wrote: »

Hi, I bought 3 trees from 'Johns Market Garden' , all named varieties so should have been grafted. When the trees arrived none were grafted and so can't be what I ordered.

I'm confused by your logic in the above?

Whilst they mention that their dwarf trees are grafted onto dwarf root stock it doesnt say that all trees are. On the basis its on the front page then I suspect that there may be some natural dwarf varieties in there too which wouldnt require grafting.

How do you know they havent been grafted? I know we did some grafting and after a while it'd be near impossible to spot where it was grafted.

Poppie68

Not all the named varieties are grafted, the ones that are clearly state it in the description. With the OP saying "can't be what I ordered" seems he may of assumed all are grafted after reading other varieties?