Ordered garden plants online, not arrived yet, unsure of options

sarah748

Hello
We ordered some trees costing over £1000 for our garden. Paid on 30th October. The customer service have been in touch, they have sent us photos of the trees and say we will hear about delivery soon (yesterday or today) but we still haven’t.

1. After we ordered we realised they are not an actual nursery themselves but source trees from other countries. I think they are coming from Italy or Hungary but we have no idea where they are currently.
2. I paid by credit card.
3. Before purchasing we asked to see photos of their current stock. Compared to a more recent photo I don’t actually think that the photo we were initially sent is even the right species, I think they sent us a photo of the wrong tree that just looks similar.
4. the later it gets in the year, the colder the elements and the more likely the trees are to die unless they are planted soon. So even if the trees do eventually turn up, and we accept them, the conditions now mean they may die. That’s my understanding anyway. I’m not sure what sort of protection we could possibly have in that regard. We need to plant them before frost, we were going to plant them this Sunday (but now they won’t be here), and forecast is leaning towards frost next week.
5. Seller originally indicated 2nd week of November for us to receive them. That obviously passed, they said the trees were not packed on the lorry by accident hence the delay.
6. Last contact was Tuesday, they sent us a photo of the trees loaded and said we would hear yesterday or today from the delivery team to arrange delivery time slot. I have since heard nothing.

I feel like if we don’t receive them by the end of next week, we will certainly want our money back and to cancel the order. However I doubt the company will refund us so failing that, what is our best option? What rights can we fall back on, distance selling regulations? Credit card claim back?

thanks

TonyMMM

Why do you need to plant them before frost ....what type are they ? As long as the ground isn't frozen or waterlogged they should be fine.

RHS recommend planting trees/shrubs between October & April

https://www.rhs.org.uk/plants/types/trees/planting-trees-shrubs

sarah748

Update: we have now got a delivery time slot for tomorrow! 🙄

@TonyMMM they are Elaeagnus x Ebbingei potted pleached trees… we have just had family (who are more experience gardeners than us!) tell us we need to plant before it gets frosty but yes I did read Nov-March was fine! So if we plant them this weekend and then it frosts over next week do you think that will still be ok provided we have planted them well?