Not as advertised!

Posted 24th Jun 2023
Purchased a
Azalea japonica 'Pink Spider' - Evergreen Azalea - In Bud & Bloom S25095 from Gardening express online but it's not as advertised IE no flowers or bud's, it has infact completely finished flowering!
£12 with p&p. But point is they advertised in flower with bud's and they've done similar before now with other orders but have replaced or refunded.
I've emailed GE via their website contact portal over 4 days ago but received no confirmation auto reply, also DM via Twitter and Instagram but no response. GE doesn't have a phone number! Only have 14 days to contact GE to query my order! Any advice on how to escalate this complaint, I'm guessing as citizens advice recommend to write a letter and send recorded delivery asking for replacement or refund (This is called a 'letter before claim' or a 'letter before action'.) Before making a small claim. Any advice would be much appreciated

Screenshot from GE website
4155251_1.jpg4155251_1.jpgActual plant received with no flowers or bud's!
4155251_1.jpg
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  1. okiedokie's avatar
    Did you pay via card? You might be able to get your money back by them. I think as long as you registered a complaint within the time given and item didn't match the description you should get money back or replacement.
    pateo's avatar
    Author
    Paid with debit card, I take it you mean charge back?
  2. JimboParrot's avatar
    It has flowered this year hence the discounted price. Presumably it was in their 'reduced/clearance' section.

    Next time go to your local garden centre and purchase directly to save p&p. It should flower again next spring. (edited)
    pateo's avatar
    Author
    No clearance section but yes has been reduced but they always show full and reduction price side by side on most plants.
  3. AMaky's avatar
    wow next level of petty
  4. Dyslexic_Dog's avatar
    I can see flowers on there, admittedly not the healthiest of looking flowers but there's definitely flowers!
    JimboParrot's avatar
    That's the flowers going over.
  5. psychobitchfromhell's avatar
    Azaleas have finished flowering by mid june. They are a spring flowering plant. Next year it will flower again. It looks a very healthy specimen so I'm not sure why you are upset. It was clearly in bloom when it was sent, but the flowers don't last long. Also says the website quotes full of bud and bloom in season. That would not qualify as false advertising, as this isn't the season. By the way, if you ask the bank to do a chargeback, they won't do it. You might get your money back, but the bank will do that as a write off because it will cost them more to do a chargeback than it will go give you your £5. Is that really fair when you have a plant which is clearly very healthy and was in bloom when it left the supplier? Postage and packing, well you got the item so why would you be entitled to that? (edited)
    pateo's avatar
    Author
    Not as advertised!
    50454297-D1Qqn.jpg
  6. joedastudd's avatar
    I don't go on the ask section much these days but this is the second one I've seen where people order plants and fail to understand that they are living plants not artificial or just photos.

    The plant has flowered, a quick Google gives
    Azaleas are perennial flowering shrubs, bearing flowers from March to June
    You picked a variety of plant which stops flowering in June, heck even gardening express state it on there description
    Flowering late spring in to summer

    Plant it out, look after it and enjoy the flowers next spring
    pateo's avatar
    Author
    I know when they usually flower but The point is they advertised as in bud and bloom for now, I thought maybe they may have suspended flowering in a climate controlled growing tunnel as this can be done!
  7. AndyRoyd's avatar
    30 days to reject or 14 days to cancel, where presumably your choice would be:
    30 days from receipt to reject non-conforming rubbish.
    This is a statutory period regardless of whatever the trader states in an attempt at planting perishable item references into any flowery terms&conditions.

    If you reject the £4.97 item as rubbish there is no obligation to return it - you just make it reasonably available for collection, should the purveyor of the rubbish choose to bother collect its rubbish.

    Nip this in the bud now: if you haven't specifically used the word "reject" in any comms yet, use it now just to indisputably tick a box, something like:
    I have not received a response to my previous messages.
    To reiterate the content of previous comms:
    the rubbish you supplied has less life that a Monty Python parrot as so is reasonably rejected.
    Please indicate if you intend to bother collect your worthless tat.
    Please confirm by return that full refund has been processed.
    Love
    Me

    If still no reply to formal rejection within reasonable time (few days?), consider invoking any protection option stemming from payment mechanism, such as chargeback.

    Unlikely that LBA should be required.
  8. Attic45's avatar
    I’ll be honest Op. reading your post I expected to see a photo of bare twigs coming out of some earth. You’ve got leaves and flowers and as other have said, it will flower next year too. I actually laughed out loud when I saw the photo of what you complaining about.

    Also, it cost you £4.97 and the minimum wage is £10 per hour so if you spend more than 30 mins trying to sort this out it is actually costing you money in a way. Plant it and look forward to next year. (edited)
    pateo's avatar
    Author
    That's were we agree to disagree! I know it probably would be finished flowering by time I received after three weeks from ordering but they blatantly advertised as in Bud and bloom which it was not, so it's false advertising! Which pees me off! I will ask bank for charge back, since GE doesn't want to give customer service!
  9. JimboParrot's avatar
    They quite clearly state:

    Supplied in approx 2-3 litre containers, these are wonderful bushy plants, full of bud and blooms in season.

    You bought a plant that had already flowered.
    pateo's avatar
    Author
    My email from GE showing following
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  10. CharlieCheeze's avatar
    When something is low value like this, I just go direct from the kill. No point in messing about, stressing for £12. It's a simple email to the supplier:

    "This is what you advertised, this is what I received. It's rejected, please refund immediately and arrange for collection of your item. Failure to rectify this situation within 7 days will result in a chargeback on my debit card"

    Always gets a response. Last time was some flowers I bought from M&S. Not only did they immediately refund they gave me a £5 voucher and I bought 3 bottles of fine beer from them to celebrate.
    pateo's avatar
    Author
    I will send another email/DM which I've already sent last week in similar wording but still no response from either GE email, Twitter or Instagram, not even an auto reply to say they received my email! But will word my next email as your message! Thank you for trying to help
  11. Jason's avatar
    I bought 4 Japonicas at the start of June (for next year) and they only flower to the end of Spring so the condition yours is in is about right for the plant. Coupled with the price you paid, i'm not sure it can be argued it is not as advertised when the plant itself doesn't flower past this month.

    Plus the description talks about it in season, not now (out of season) "Supplied in approx 2-3 litre containers, these are wonderful bushy plants, full of bud and blooms in season."
    pateo's avatar
    Author
    Your missing the point "not as advertised"
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