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Review by R Flagg1 month ago
UNFAIRLY CHANGING DELIVERY DATES (POST CONTRACT)
ILLEGALLY CHANGING DELIVERY DATES
On Feb 2 2021 I ordered several plants and had delivery dates given to me, agreed and confirmed in writing.
The company tends to send out all plants ordered in one batch so they tell you that if a plant is available for March and you order it along with a plant for May then they may booth be sent in May. Fair enough.
So I order several plants but I WANTED THEM WHEN THEY WERE AVAILABLE so I order them and made note of the dates for delivery. March 22, April 1 and May 24. I made sure the dates had not been rolled up (consolidated)… i.e. all to be in May and pay. They had not been so all was well
I got an email confirming to me that 2 plants come in March, One in April and 2 in May. Just as agreed and contracted and great.
I then get and email saying I am having a delivery in May 24.. Great, I am expecting a plant then so no need to worry. Nothing in the email mentions which plants but I know the one due on May so no need to worry.
March comes and goes and I ask them where are my plants bought and contractually agreed for delivery in March.
They tell me they are coming in May as they have consolidated the delivery and they insist this is fine because they told me this in the terms.
I explain that the terms allow consolidation Pre contract and pre order not post contract. Delivery dates are terms and sacrosanct.
This is not only slick practice by Brookside (Director Graham Watson Crimple Hall, Leeds Road, Pannal, Harrogate, North Yorkshire, United Kingdom, HG3 1EW) but is clearly in contravention to The Consumer Protection from Unfair Trading
Any consolidation would be known about before payment was taken so why conceal it, take payment, confirm the agreed delivery dates … AND THEN CHANGE THEM?
You can’t do that Brookside! Oh but you do because 99% of your clients are not lawyers who understand consumer and contract law. Should an old lady buying her plants need to be that to protect themselves from your practices?
Oh and yes... They did offer 'Covid' and an excuse!
It's dishonest and while it saves you delivery costs these can still be saved by making your consolidation BEFORE taking our money so we know what we are paying for.
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Brookside Nursery, School Lane