Author Topic: Thought it was too much of a bargain....... (Read 7071 times)

Deb P · « **on:** September 25, 2009, 12:55:13 »

I decided to grow a lot more Jermor shallots this year, as we use a lot of them and they do well overwinter. Found a good price for some sets at Capital Gardens (haven't bought from them before), £2.24 for 50 bulbs! Ordered 100 sets with some onions and banana shallot seeds, allegedly deliver in 48hrs.......no sign of them.

Decided to follow up on line this morning, but they have no trace of my order (I have an email confirmation and paid by credit card) and strangely the Jermor sets are now on offer at £2.24 per 10 on their website this morning.... I'm guessing I don't have a leg to stand on legally as they are only 'offered' at that price and I'm sure they will argue it was an error, but it's blooming annoying.... ::) >:(

Poppy Mole · « **Reply #1 on:** September 25, 2009, 13:09:54 »

The fact that you have confirmation of them accepting your order should stand you in good stead.

Ishard · « **Reply #2 on:** September 25, 2009, 17:46:25 »

Yeh that constitutes a contract. ;)

macmac · « **Reply #3 on:** September 28, 2009, 12:36:18 »

Chase them like a jack russel mention how you recommended their site on a gardening forum and that you will be posting your dissappointment,qoute every reference on the confirmation email.I bet they sit up and take notice

ceres · « **Reply #4 on:** September 28, 2009, 13:16:19 »

A confirmation email doesn't necessarily create a contract. It can just confirm that they received your order. They actually have to accept the order, which they would usually do by taking the money from your card.

As they confirmed the order by email and presumably it has an order number on it, you can prove they have the order. But like you say, even if they 'find' it, they can rely on it being an error as long as they haven't taken your money. If they've taken the money you should get the goods. If they had any sense, they'd let you have them anyway as a goodwill gesture for their 'mistake'. It's only £18 retail, a lot less wholesale.

Deb P · « **Reply #5 on:** September 28, 2009, 17:22:04 »

Well, they replied to my email, said they had not despatched until the shallot seeds I had also ordered were also in stock (tomorrow), they will then send me an email confirming the despatch.

Any guesses how many Jermor will be on the confirmation email...I'm guessing 20 instead of 100! Then I will email and complain! ::)

gardenqueen · « **Reply #6 on:** September 29, 2009, 11:40:26 »

How many were on the original e-mail confirmation. If 100 then you certainly have cause for complaint if they send you 10!

Deb P · « **Reply #7 on:** September 29, 2009, 15:02:49 »

It says 100 on the original email......but like Ceres I'm sceptical they will honour it and say it was just an 'offer to purchase' . However, we shall see!

Deb P · « **Reply #8 on:** October 03, 2009, 16:27:55 »

The plot thickens......sure enough, two packs of 10 shallots have arrived, 20 in total, but the despatch note with it clearly says I have ordered two packs of Jermor x 50! They have taken the payment for this too from my credit card. I think this makes my case a bit stronger...or does it? ???

Poppy Mole · « **Reply #9 on:** October 03, 2009, 17:12:03 »

Very strong indeed, in fact the credit card company can also help you get your ordered & paid for goods.
Keep us informed.

macmac · « **Reply #10 on:** October 03, 2009, 18:50:57 »

Keep chasing them,I bet they know it was their error but they're hoping you'll get fed up and forget about it.....Don't :)

gardenqueen · « **Reply #11 on:** October 04, 2009, 11:23:08 »

Deb you most certainly have a strong case. I would take this up with them again. You have of course the opportunity to contact the firms local Trading Standards Office!

Deb P · « **Reply #12 on:** October 04, 2009, 23:32:02 »

I'm going to ring the company tomorrow, will let you know what they say.... ;)

Deb P · « **Reply #13 on:** October 05, 2009, 10:11:16 »

OK, spoke to the company this morning, suprise, there has been an error ('discovered 10 days ago?') and should read 10 shallots per pack. Offered that I could send them back and have a refund....er, no thank you, I would like my shallots please! Any chance of sending me the missing 80 I ordered as a goodwill gesture.......no. Oh well, I'll be sure to let my cyber friends on A4A know about my disappointing experience with your company.......'ARE YOU THREATENING ME!'...... :o Er, no, I said it very nicely! Put it in writing via email and we will see what we can do...........

So I have. Let you know chaps........... ::)

ceres · « **Reply #14 on:** October 05, 2009, 10:23:35 »

Grrr. Put it in writing and point out that until you contacted them, they had never mentioned an 'error'. All your paperwork refers to 100. And point out how much this has inconvenienced you and that you will have to start shopping around again for more sets.

I think this is sharp practice. If it's OK to claim an error after the goods have been despatched and get away with it, less than scrupulous companies could send you anything and claim it was an error. I'd think about contacting Trading Standards.

1066 · « **Reply #15 on:** October 05, 2009, 10:24:35 »

Doesn't sound like good company policy in practice. I'd do a follow up email/letter to them and at the same time contact trading standards........

Deb P · « **Reply #16 on:** October 05, 2009, 10:29:06 »

I did contact Trading Standards this morning. Although the Sale of Goods Act 1979 states goods must be delivered 'as described' there is a 'Law of Mistake' as well, which basically means I can't force them legally to honour this order if they made a genuine error in pricing. I'm afraid it all comes down to what they will do as a goodwill gesture....we will see if that matters to them then......I just want my shallots! :'( :'( :'(

macmac · « **Reply #17 on:** October 05, 2009, 10:36:03 »

Deb P re the "are you threatening me" question you could point out that on this very active national forum we all discuss what we've bought and where we've bought it often extolling the virtues of good products and services and by informing us of your experience with them you were doing the same.I agree with Ceres smacks of sharp practice, while many companies make errors most would absorb the loss and keep your custom.So keep calm, keep repeating your argument-it's called the broken record method ,strangely enough I learnt that while working in retail.keep us posted :)

Deb P · « **Reply #18 on:** October 07, 2009, 09:18:54 »

Well, received a reply from Capital Gardens last night. They are sorry, and admit it was their 'administrative error' but cannot send me my 'missing' 80 shallots, but have refunded me as a goodwill gesture. Ho hum. Better than nothing I suppose, but I still have to get my shallots from somewhere........obviously not them though I'm afraid after this experience. :-\

macmac · « **Reply #19 on:** October 07, 2009, 10:11:48 »

WELL Debp I think they missed a golden opportunity to have their name recalled on this site for good customer service HOWEVER Capital Gardens will now be remembered as a company to think twice about doing business with,they obviously understand nothing about marketing as a good result for you would have led a lot of people on here to their name now they become one to avoid ::)

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Author Topic: Thought it was too much of a bargain....... (Read 7071 times)