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Unsolicited trees


spandit
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I'd emailed a nursery about some trees, about £70 worth but they were having trouble getting some of the species in stock, so I ordered them from elsewhere. Today, I'm away from home on business and my wife messages me to say that they've arrived and could I please pay the invoice!

 

Now, there's obviously been a misunderstanding somewhere and I don't really want another 70 trees to plant but if they argue about it for too long, eventually the trees are going to die and then they'll be no use to anyone. It's bad enough they'll be lying around for at least a week, unless I can get my wife to heel them in somewhere.

 

50 castanea sativa

15 pyrus communis

10 robinia pseudoacacia

1 morus nigra

 

Feel a bit bad because I think it's a family run nursery and I don't want them to be out of pocket but I've had no order confirmation (I can't remember ever receiving goods without paying for them first - I'm not a business, just a private individual making his way in the world etc. etc.)

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I would contact them in the first opportunity, discuss the situation, its obviously a simple mistake they made, or they have done business with you before & were working on trust, trying to help, explain that you did not order.

If they are not too far away, & it were me, I would pop them on the truck & return them toute de suite, by way of a favor to them, if they are compliant with your assertions.

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Mistakes can happen, are you sure you cancelled the order and made it plain that you had done so when they said there'd be a delay getting some of the stuff?

 

I suppose I can see both sides what with running a shop, but now whether as the shop-keeper or a customer I always clarify such a situation before I leave it. It doesn't always prevent something like this happening but at least you know in your own mind that you made your intentions plain to the other party and can then approach it accordingly.

 

On a slightly different note, I can only dream of living someplace where trees can be obtained so easily!

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I have contacted them and they don't remember me cancelling the order but admit they should have confirmed it with me first before delivering the plants. They've said if I post the small plants back I can keep the mulberry but I'm not around this week so hoping they'll keep OK with a bit of water.

 

If they were a bigger corporation I'd just keep the plants - spoke to my solicitor (friend of mine) and he reckons my initial order was just an offer and since they never confirmed it, there is no contract. It's not worth getting too het up about, though, as has been said, mistakes happen

 

Why can't you obtain trees in NI? One of the nurseries I definitely ordered from was from there?

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Why can't you obtain trees in NI? One of the nurseries I definitely ordered from was from there?

 

The smaller places have very, very, limited stock and any of the larger places don't seem to want to be bothered with a smaller order or deal direct with the general public.

 

Conservation Volunteers used to be a terrific supplier but they've hopped in to bed with the Woodland Trust now and no longer supply anything directly.

 

If I'd been over there i'd have had my pear trees in the ground two months ago, as it is I don't even know if I'll get them this year or not!

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