DO NOT BUY TREES FROM PALM & GRDEN NURSERY, FL

WARNING: DON'T BUY ANYTHING FROM: Palm and Garden Nursery 123 N Congress Ave. Boynton Beach, FL United States 33426 (561)852-1789
On April 12, I bought two banana tres from this company, from their website:
http://www.palmsandgardens.biz/palms/
As of May 28, I had not recieved the trees, the company has not responded to any of my requests or complaints, they have never called me back or responded to any of my e-mails, they had not delivered my trees or given me a refund. I spoke to customer service three times without any help. Each time, they promised to call me back with an answer and never did.
Finally, on June 3, the trees arrived DAMAGED! I spoke to a person there on the phone, a man with a French accent. I politely asked for a refund or replacement and he started YELLING at me and telling me it was my own fault for accepting the box! How I was supposed to know the trees were crushed without accepting and opening the box, I do not know. This man was very rude and continued to yell at me and berate me until I hung up on him.
Whatever you do... DO NOT BUY ANYTHING FROM THE COMPANY!!!!
Joe Bevilacqua Napanoch, NY
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snipped-for-privacy@yahoo.com (Joe Bevilacqua) wrote:

dood, you could get in trouble for that if someone figured out your x-trace..
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If it's true, then it's not libel. A few pictures and the box the plants came in should be adequate proof, but it's unlikely he needs it, because no one is going to waster their time on nonsense like this.
As for recommending people not do business with them, that's clearly personal opinion, which he's entitled to give.
If he paid by credit card, he has some recourse. It's not uncommon to have probems of this type with mail order nurseries.
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On 6 Jun 2004 09:40:35 -0700, snipped-for-privacy@optonline.net (Chet Hayes) wrote:

Sorry, first let me say I'm not armed with a law degree, only common sense. The same common sense that a jury of 6 would use to find this person at fault.
He didn't state an option when he told people not to do business with them. He made a statement, a command. Even before he explained his situtation.
Next, the gentleman failed to point out something, there was a third party involved, the delivery company. Let's play along, the shipper sent undamage trees. The customer received damaged trees. What does the customer do? Blames the shipper, gets in an argument and hangs up. That was hypothethical.
Ive received damaged items shipped. The shipper said they weren't dammaged, I received them damaged(not noticed till opened), UPS investigated and I got a full refund of everything.
Now for something from the nursery site: "Our nursery is not responsible & liable for losses or damages to the plants done by the shipping carrier (FEDEX , UPS, USPS). All complaints must be done immeidately to the carrier at delivery in case of apparent or concealed damages. "
Also, sounds like there could be a problem with getting money back from the credit card company if he didn't take the necessary steps.
Wish him luck, and maybe everyone can get a win/win situation out of this.
later,
tom
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snipped-for-privacy@intertainiaREMOVE.com wrote:

Honest nurseries replace anything that arrives damaged, period. If they adhere to the policy "take it up with UPS, because we couldn't care less," then indeed this company should be avoided.
The NURSERY ships & the shipper is the nursery's agent, not mine. I pay the NURSERY for the product & the shipping, I do not pay the shipper. If the company needs to deal with their shipper or their shipping insurance, they can do so, but if I order something that is shipped to me, the company I bought it from & no one else WILL take complete responsibility for getting it to me safely & as advertised.
I've not as yet dealt with any nursery that was less than eager to make every order 100% right. If Palm & Garden actually adheres to that stated policy, in that case they are, no question about it, crooks.
-paghat the ratgirl

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paghat wrote:

This is a telling point ... do you really think Palm & Garden is any exception to your experience? I've dealt with a lot of customers and I promise you that there are plenty of jerks out there. Companies want your money and if you paid with a credit card, have to keep on your good side until well after settlement is made.

Ummm nope ... if they actually adhere to their stated policy that makes them honest. When you buy from a company you agree to its printed conditions. If you don't like them, buy elsewhere. That policy is part of the purchase contract (offer, acceptance, exchange) and a customer has no reasonable expectation of anything else.
Sometimes companys BREAK their policies and give more value than agreed upon in order to secure future sales ... but when they do so they have broken their written word.
I also don't think we know enough about the OP to be certain he/she is telling the truth here. DID the tree arrive damaged or did it get that way afterwards? We really don't know. Did they have the hassle they related? We don't know anything except what the OP told us and that means we don't 'know' anything at all ... except that they lost their temper and were very rude with some peon on a help desk.
I'm not going to back the openly rude person up. So far as I am concerned, he can just flap in the breeze. It seems clear to me that they can not handle their own temper and this makes me wonder if the tree was actually broken at all or if they are just trying to scam Palm & Gardens.
Let me make two points and then I'll shut up.
1) We don't have access to the facts, only one person's story. It would be interesting if someone from Palm & Garden could follow up with their side of events.
2) Even if we did have access to the facts, we can't force either party to behave better. Most especially we can't give the helpdesk peon any solace for having to deal with ill-mannered and ill-tempered morons.
Bill
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Youd could always do a little research. A 15 second trip to the Better Business Bureau reveals:
Based on BBB files, this company has an unsatisfactory record with the Bureau due to unanswered complaints.
see:
http://www.bbbsoutheastflorida.org/
and look up the company.
In addition, a quick Google shows this complaint is voiced by others. See:
http://forums.gardenweb.com/forums/load/palms/msg050020167767.html http://gardenwatchdog.com/c/2435/
Sometimes, you know, it's not the customer's fault. We aren't all stupid.
billo
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I have. In fact, it is the *only* complete defense I know of. It's pretty cut and dried in the US, though from what I have heard it's not so cut and dried in places like Canada. Truth is not an affirmative defense against libel in Australia or the UK, I believe. Since this was a FL company, I was referring only to the US.
What isn't clear is to what degree "actual malice" or a willfull disregard for the truth is required. For public figures, actual malice is required, and for private figures it is often not. Further, there are statements that are libelous per se, even for public figures, and do not require malice. Statements about performance of trade or business fall into this category. These are considered so derogatory that the plaintiff may not have to prove that the writer knew the statements were false. The claims still, however, have to be false.
Thus, it is not necessary that the poster *knew* the statements were false in order to prove libel, but is is necessary that they be false.
It is also sometimes not clear where truth ends. It is one thing to say that a person has been demonstrated to be intoxicated with alcohol every night for the past year (if such could be proven); it is another to say she is an alcoholic even with that knowledge. It is one thing to say that a vendor took your money, ran off to Rio, and did not give you your product; it is another to call him a thief.
Further, in the US, it is also usually necessary to show some actual harm -- which is the only thing that protects a lot of the stuff on these newsgroups.
billo
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Bill Oliver wrote:

Some people don't have have deep enough pockets to defend themselves even if what they originally said was true. It can take years and thousands of dollars for a libel suit to even get to court: http://petsforum.com/psw /
Bob
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Sure. The use of litigation or threat of litigation as a monetary tool to stifle speech is a well-known tactic. When used by the government (as was done by the Clinton administration to squelch opposition to HUD policies) or by large corporations (to squelch opposition to planned construction or zoning changes) it's called Strategic Litigation Against Public Participation (SLAPP). If this can be shown, there are civil and criminal remedies. When used simply as a tool to bankrupt companies, as the plethora of frivolous government lawsuits against gun manufacturers has attempted, it is legal.
There are also people who just get their jollies out of bringing suit against people, and they frankly abuse their right to trial. Cases of compulsive litigants are a dime a dozen. Usually these people hang themselves with their own rope, eventually. In spite of what people read, the courts generally are not all that sympathetic towards truly fivolous suits, in my limited experience.
But both of these are separate issues compared to whether or not the truth is an affirmative defense against libel.
billo
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yeah, well the idiot neighbors filed adverse possession against part of my mothers driveway! saying they owned it cause they cut the grass along it. their lawyer "churned" trying to get us to go back and forth between their lawyer and ours at about 200-300 bucks per contact. all in all it cost my retired mother around $10,000. and the judge did not throw it out. he ruled against them, but didnt require them to pay my mothers costs, didnt slap their wrists at all. They brought suit cause their brother in law was a lawyer and it was going to be an exchange of services for dental work. eventually their BIL refused to represent them (lawyers involved in frivolous suits get slapped pretty hard by courts if they are so ruled) so they had to get a lawyer and pay them. idiots bitched to the unsympathetic neighbors it cost em 20,000. Ingrid
In spite of what people

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