DON'T BUY ANYTHING FROM:
Palm and Garden Nursery
123 N Congress Ave.
Boynton Beach, FL United States 33426
On April 12, I bought two banana tres from this company, from their
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!!!!
dood, you could get in trouble for that if someone figured
out your x-trace..
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Address: 11717 Exploration Lane
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Address: attn: Network Security Manager
John Kerry honored by commies -
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
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.
On 6 Jun 2004 09:40:35 -0700, firstname.lastname@example.org (Chet Hayes)
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
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
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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
"Of what are you afraid, my child?" inquired the kindly teacher.
"Oh, sir! The flowers, they are wild," replied the timid creature.
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
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.
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.
and look up the company.
In addition, a quick Google shows this complaint is voiced by others. See:
Sometimes, you know, it's not the customer's fault. We aren't all
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
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:
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.
yeah, well the idiot neighbors filed adverse possession against part of my
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
suit cause their brother in law was a lawyer and it was going to be an exchange
services for dental work. eventually their BIL refused to represent them
involved in frivolous suits get slapped pretty hard by courts if they are so
so they had to get a lawyer and pay them. idiots bitched to the unsympathetic
neighbors it cost em 20,000.
In spite of what people
List Manager: Puregold Goldfish List
Solve the problem, dont waste energy finding who's to blame
Unfortunately, I receive no money, gifts, discounts or other
compensation for all the damn work I do, nor for any of the
endorsements or recommendations I make.
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