On line selling of Christmas Tree's

DarrenDrew

This year I decided to purchase a potted christmas tree from a grower, I looked at the web site and the imagery and was happy top proceed. The tree arrived when I was out, it was left out of its box and gthe box was too small, not well sealed and the decorative pot that was discounted to free of charge scratched. I immedialty contacted the supplier, who sent a new pot that was also supplied in a too smaller box and scratched. The real issue for me is that the tree had been clipped to give a shape and had been damaged by lower branch being pulled out of line due to poor packing, transport or both. The tree arrived 20th November and by 25th November I had decided I dint not want the tree as it hand been modified, not as the web imagery, damaged, poorly packed too. I have been told they belie ve the tree looks ok and as its perishable I am not entiteld to a refund. I have also said I am not liable for return costs as its been modified and damaged. I realise its a natural product. In my view it need a year to recover and to look more like a tree shape. The tip of the tree had been clipped to.

user1977

Do you know where to find this online seller?

MyRealNameToo

Presumably the picture was just illustrative and wasnt claiming to be the actual tree you were buying? 

DarrenDrew

user1977 said:

Do you know where to find this online seller?

Yes Glasgow - too far to travel

DarrenDrew

MyRealNameToo said:

Presumably the picture was just illustrative and wasnt claiming to be the actual tree you were buying? 

Yes the imagery was or a normal tree shape

Renfrewman

What is a 'normal' tree shape? Trees grow to different shapes...it's nature.

the_lunatic_is_in_my_head

Goods "which are liable to deteriorate or expire rapidly" are exempt from the right to cancel. 

EU guidence has the following to say

https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:52021XC1229(04)&qid=1640961745514

Plants by their nature they have a limited lifespan during which their features are preserved. In principle, the requirement for active intervention by someone (e.g. delivery company, consumer) in order to preserve their features renders such plants objectively different from other goods (textiles, electronic equipment etc.). Those other goods are not ‘liable to deteriorate or expire rapidly’ if they are stored in appropriate conditions and the consumer is merely required to refrain from exposing them to abnormal conditions before sending them back, in order to avoid the liability implied by Article 14(2).


Therefore, a case-by-case assessment is needed taking into account the care necessary for the plants to keep their features over a longer period, including in case of return by the consumer. Hence, only where the respective plants are not ‘liable to deteriorate or expire rapidly’, the right of withdrawal should apply.

Assuming it's potted in soil(?) I can't see it would be exempt as some water will see it live for a few days whilst it travels back, i.e the care required to keep a pine tree alive is very little and so the right to cancel should exist IMHO.  

Brie

Renfrewman said:

What is a 'normal' tree shape? Trees grow to different shapes...it's nature.

Yes but no but.  Christmas trees are normally pruned to help produce the right shape.  More importantly the trees normally take on the basic shape of a pruner.  So a tall thin pruner will produce tall thin trees and a short fat pruner, short fat trees.  That's why a good tree farm will have a variety of people to prune. 
(had a summer job as a tree pruner) 

swingaloo

If you go in any garden centre there are trees which look symmetrical and perfect just as there are many that look mis-shaped or lobsided. 

The seller is always going to photograph the best one for a catalogue. 

Emmia

Ultimately if you want a perfect conical tree, you either need to
(a)Buy in person so you can inspect and ensure the tree is to your satisfaction before buying.
(b) Purchase an artificial tree.

screech_78

It looks fine to me.