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Fruit tree not as described

FlorayG
FlorayG Posts: 856 Forumite
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In winter 2022/23 I bought online three 2yo fruit trees, one of which was ' Oullins Golden Gage'
This year it has it's first small crop and as they are ripening they are turning purple. Clearly not the variety it is labelled as they should be golden yellow 
Before I call the company what would be reasonable to expect as recompense? I don't have the tree I wanted, I have a now established tree that would be hard work to remove and I've already waited 18 months for first crop, so it's more than just a cost refund I think? 
(Particularly annoying as I already have a purple plum tree)
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Comments

  • Alderbank
    Alderbank Posts: 3,335 Forumite
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    edited 21 July at 1:41PM
    Interesting one.

    Your statutory consumer rights are either a replacement or a refund with a deduction for 18 months 'use', with the trader having the option to require the return of the 'faulty' tree at his expense. A replacement, if requested, should now be a 3-4 year old tree, if the trader has any of that age.
    Alternatively you can keep the tree and negotiate a partial refund. 

    The CRA rules were designed for the majority of consumer goods, which depreciate with time. Many garden plants, such as your trees, increase in value. A 4 year old tree might sell for twice the price of a 2 year old.

    I think a reasonable compromise would be for you to keep the established tree and get either a full refund or a new 2 year old tree at the appropriate time for planting.
  • HillStreetBlues
    HillStreetBlues Posts: 4,578 Forumite
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    I would have though as it's a breach of contract you are entitled to put in the same position as if breach hadn't of happened.
    1) Removal of current tree and ground returned to same state as before planting and a refund of the tree.
    2) Old tree removed and correct tree planted.
    Let's Be Careful Out There
  • Green_hopeful
    Green_hopeful Posts: 854 Forumite
    Part of the Furniture 500 Posts Name Dropper
    Normally they just send the right tree. I wouldn’t bother but be pleased that I got some fruit from my tree. 
  • the_lunatic_is_in_my_head
    the_lunatic_is_in_my_head Posts: 8,349 Forumite
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    edited 21 July at 3:26PM
    Alderbank said:
    Interesting one.

     or a refund with a deduction for 18 months 'use', with the trader having the option to require the return of the 'faulty' tree at his expense.
    Price reduction is another remedy under the CRA :) Not sure if there is any price difference between the two varieties of tree but the guidance notes gives an odd example of price reductions indicating difference in value isn't necessarily the only consideration so with something like this a % back might be a fair expectation. 

    OP I'd contact them and see what they say, if their service is good they'll just send another a tree of the correct variety and tell you to keep the existing one. 
    In the game of chess you can never let your adversary see your pieces
  • Alderbank
    Alderbank Posts: 3,335 Forumite
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    Alderbank said:
    Interesting one.

     or a refund with a deduction for 18 months 'use', with the trader having the option to require the return of the 'faulty' tree at his expense.
    Price reduction is another remedy under the CRA :) 
    I agree.

    That's why I said, 'Alternatively you can keep the tree and negotiate a partial refund.'
  • FlorayG
    FlorayG Posts: 856 Forumite
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    But I don't have space for another tree nor do I want to wait another two years for any fruit 
  • Grumpy_chap
    Grumpy_chap Posts: 16,262 Forumite
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    Did the OP specifically want the species of fruit tree that they don't have?

    I ask because I purchased two fruit trees on an offer, 2 for £10, back during COVID.  I selected an apple tree and a pear tree but there were other types available in the offer.  The trees were dormant, so I planted the "apple" labelled twig and the "pear" labelled twig.  I am quite delighted that this year there is the first fruit, one apple and a couple of pears.  In my case, had the fruits turned out to be entirely something different I'd have probably still been happy to have fruit of any kind.

    The significance of the species of fruit and the remedy might depend on the method of selection and the original price point.
  • powerful_Rogue
    powerful_Rogue Posts: 7,965 Forumite
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    FlorayG said:
    But I don't have space for another tree nor do I want to wait another two years for any fruit 
    So what remedy are you looking for?

  • FlorayG
    FlorayG Posts: 856 Forumite
    Sixth Anniversary 500 Posts Name Dropper Combo Breaker
    FlorayG said:
    But I don't have space for another tree nor do I want to wait another two years for any fruit 
    So what remedy are you looking for?

    I'm not sure...really I want to replace this tree with a four year old Golden Gage. I specifically wanted that variety. Would this be a reasonable thing to ask for? I've still got the problem of removing the one they sold me
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