🚀 go-pugleaf

And I'm supposed to take the word of a crossposting imbicle  who SHOUTS HIS
MESSAGE ON USENET?

How do I know that you aren't just a disgruntled competitor from the same area?



Joe Bevilacqua wrote:
> 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

I would be very careful posting this sort of thing..actually I wouldn't post
this sort of thing. Looks almost libelous.

-- 
Mike LaMana, MS
Heartwood Consulting Services, LLC
Toms River, NJ
www.HeartwoodConsulting.net




"Joe Bevilacqua" <joebevgreen@yahoo.com> wrote in message
news:741718a3.0406051129.72c8c354@posting.google.com...
> 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

Mike LaMana wrote:
> I would be very careful posting this sort of thing..actually I wouldn't post
> this sort of thing. Looks almost libelous.
> 

I think if he would leave off the part about "DO NOT BUY FROM THEM" it 
wouldn't be libelous.  <is that really the word?>

Otherwise, it just seems like an honest personal account of his side of 
the story.

amy

"Mike LaMana" <fake@MikeatHeartwoodConsultingdotnet> wrote in message
news:Go2dnd-RCpvQs1_dRVn-sw@comcast.com...
> I would be very careful posting this sort of thing..actually I wouldn't post
> this sort of thing. Looks almost libelous.
>
> -- 
> Mike LaMana, MS
> Heartwood Consulting Services, LLC
> Toms River, NJ
> www.HeartwoodConsulting.net
>
> "Joe Bevilacqua" <joebevgreen@yahoo.com> wrote in message
> news:741718a3.0406051129.72c8c354@posting.google.com...
> > WARNING:
> > DON'T BUY ANYTHING FROM:
> >
(agressively snipped)

Just wondering - if the statements are malicious and not true, then isn't
repeating
this libel in your post also libelous?  (But if the statements are 100% true,
haven't
you defamed Joe by implying that he is engaging in libel?   :>)

It can be useful to share information when we get poor service, but for me
reports of excellent service carry more weight.  People who SHOUT their opinions
have undermined their worth.  You know - more heat than substance.

I sense problems with this post.  Teling people what to do, and
admiting not working with the business's customer support.  Plus
ordering bannana tress for NY?  

This must be a fake or someone too angry to figure he's opening
himself to a lawsuit.

Seek legal councel.

nuff said,

tom



On 5 Jun 2004 12:29:35 -0700, joebevgreen@yahoo.com (Joe Bevilacqua)
wrote:

>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

**************** http://www.Intertainia.com ***********************************
Our Latest site:    http://www.MedicalJobList.com - Hospital Jobs Classifieds.
*******************************************************************************

joebevgreen@yahoo.com (Joe Bevilacqua) wrote:
> WARNING:
> DON'T BUY ANYTHING FROM:
> Palm and Garden Nursery
> 123 N Congress Ave.
> Boynton Beach, FL United States 33426
> (561)852-1789
>
>
dood, you could get in trouble for that if someone figured
out your x-trace..


OrgName:    Hughes Network Systems
OrgID:      HNS
Address:    11717 Exploration Lane
Address:    DirecWAY Network Management Center
Address:    attn: Network Security Manager
City:       Germantown
StateProv:  MD
PostalCode: 20876
Country:    US

-- 
John Kerry honored by commies -
http://tinyurl.com/3cncy

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.

On 6 Jun 2004 09:40:35 -0700, trader4@optonline.net (Chet Hayes)
wrote:

>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.

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


**************** http://www.Intertainia.com ***********************************
Our Latest site:    http://www.MedicalJobList.com - Hospital Jobs Classifieds.
*******************************************************************************

In article <99j7c09jk2l68sdc6fbm7ptdbch2eudu3o@4ax.com>,
junkmail01@intertainiaREMOVE.com wrote:

> On 6 Jun 2004 09:40:35 -0700, trader4@optonline.net (Chet Hayes)
> wrote:
> 
> >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.
> 
> 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. "

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
 
> 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

-- 
"Of what are you afraid, my child?" inquired the kindly teacher.
"Oh, sir! The flowers, they are wild," replied the timid creature.
   -from Peter Newell's "Wild Flowers"
Visit the Garden of Paghat the Ratgirl: http://www.paghat.com

paghat wrote:

> I've not as yet dealt with any nursery that was less than eager to make
> every order 100% right. 

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. 

> If Palm & Garden actually adheres to that stated 
> policy, in that case they are, no question about it, crooks.
> 
> -paghat the ratgirl
>  

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

In article <Go2dnd-RCpvQs1_dRVn-sw@comcast.com>,
Mike LaMana <fake@MikeatHeartwoodConsultingdotnet> wrote:
>I would be very careful posting this sort of thing..actually I wouldn't post
>this sort of thing. Looks almost libelous.
>

Truth is an absolute defense against the charge of libel.

billo

paghat the ratgirl 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 agree completely. With their policy, there's nothing to prevent 
them from packing up a damaged plant and sending it. They leave it 
up to the customer to fight with the shipper and they pocket the 
money anyway.

On the other hand, it seems the original poster hasn't been back to 
comment further. That might be of significance too.

Steve

Bill Oliver wrote:

> In article <Go2dnd-RCpvQs1_dRVn-sw@comcast.com>,
> Mike LaMana <fake@MikeatHeartwoodConsultingdotnet> wrote:
>>I would be very careful posting this sort of thing..actually I wouldn't
>>post this sort of thing. Looks almost libelous.
>>
> 
> Truth is an absolute defense against the charge of libel.
> 
> billo


IANAL but you might want to look that up. I had occaision to research the
matter at some depth a few years back and I don't think it's that cut and
dried.