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Changes to trades descriptions act

This is a discussion on Changes to trades descriptions act within the The Florist Shop forums, part of the Public Forums category; Hi all I heard this on the news this morning and was quite concerned that I'd not heard anything ...


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Old 17-04-2008, 01:38 PM
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Changes to trades descriptions act

Hi all

I heard this on the news this morning and was quite concerned that I'd not heard anything about it already, as the Trade Descriptions Act as we know it will be changed as of 26th May.

See business link page HERE


The bit that most bothered me was the very, very grey area of 'misleading' a customer and, whether intentional or not, said customer being able to sue you!!!

Just imagine your average money-grabbing chav bridezilla (i'd rather not thanks), you show her a picture of a wedding bouquet and she likes it, then come the wedding day because its not EXACTLY the same (through no fault of yours as you are working with a natural product where no 2 stems are exactly the same) she decides to sue you for misleading her into believing she would be receiving something she hasn't (and don't forget the emotional distress that will take her years to get over)
I know this is a bit extreme - but it could happen. The news story was about clairvoyants and spiritualist churches being able to be sued if their 'predictions' didn't come true!!!!!!!!!!!!!!!!!!!

The only reason I'm so bothered is that I had a situation a couple of months ago where someone saw a modern flat bouquet for £10, asked for 'one just like that' but with callas & anthuriums as well - told her these were the 2 most expensive flowers so would come to £30. when she came to collect it, she looked at it like it had just fell out of a dogs bottom and said she expected to get something 'much bigger for £30' and that it was only the same as the £10 but with the callas & anthuriums (errr, yeah thats what you asked for!!) and the way I had described it to her was (somehow) very misleading. Short of drawing her a picture, I don't know how I could have described it any better?????
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Old 17-04-2008, 04:52 PM
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Hi Arum, haven't got time to read the whole thing yet but as far as the wedding flowers go it states in my terms and conditions that due to whatever (flood, famine, plague of frogs) colour, shape etc etc may vary or may not be available and substitutions may have to be made, the bride signs it in front of me and she gets a copy and I keep one and I always make sure I explain it to them aswell. I think that so long as you have this sort of thing in place it would be very hard for anyone to sue you, unless it really wasn't anything like they wanted. As for day to day trade if people pre-order something we have to get in we always take a 2nd option - just in case. As for your customer she sounds like she wanted something for nothing so wouldn't worry too much about that one
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Old 17-04-2008, 05:17 PM
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Makes you puke doesn't it, every buggar gets sued for doing nothing wrong giving hard earned cash to money grabbing shits.
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Old 17-04-2008, 05:41 PM
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Originally Posted by frizzytwig View Post
Makes you puke doesn't it, every buggar gets sued for doing nothing wrong giving hard earned cash to money grabbing shits.
A woman tried to sue me once because she was pushing leaflets through the door and my dog bit her finger - she claimed there was no warning of the dog in the house - despite -
A picture of Saxe and the words WARNING I LIVE HERE in the living room window next to the door, or the note above the letter box requesting letters etc. be put in the freestanding letter box by the hedge because the dog eats the letters AND she must have been deaf cos as soon as you put a foot on my drive he would bark his brains out and jumped up the front door barking - he was a Rotty cross so had a deep loud bark - she didn't get anywhere cos the court said she should have been well aware of the dogs presence and they said if i so chose i could have sued her for trespassing because she put her fingers in my house uninvited she cursed me rotten as we left the court and the most amusing thing was her name - MRS TOOTH
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Old 17-04-2008, 06:13 PM
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that is so funny pinklily.....does anyone watch judge judy on sky, I love it cause she always gives them what for when its something over nothing
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Old 17-04-2008, 06:21 PM
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that is so funny pinklily.....does anyone watch judge judy on sky, I love it cause she always gives them what for when its something over nothing
JUDGE JUDY ROOLS O.K
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Old 17-04-2008, 11:08 PM
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Quote:
Originally Posted by pinklily View Post
A woman tried to sue me once because she was pushing leaflets through the door and my dog bit her finger - she claimed there was no warning of the dog in the house - despite -
A picture of Saxe and the words WARNING I LIVE HERE in the living room window next to the door, or the note above the letter box requesting letters etc. be put in the freestanding letter box by the hedge because the dog eats the letters AND she must have been deaf cos as soon as you put a foot on my drive he would bark his brains out and jumped up the front door barking - he was a Rotty cross so had a deep loud bark - she didn't get anywhere cos the court said she should have been well aware of the dogs presence and they said if i so chose i could have sued her for trespassing because she put her fingers in my house uninvited she cursed me rotten as we left the court and the most amusing thing was her name - MRS TOOTH
how funny
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Old 17-04-2008, 11:41 PM
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Quote:
Originally Posted by breezy View Post
Hi Arum, haven't got time to read the whole thing yet but as far as the wedding flowers go it states in my terms and conditions that due to whatever (flood, famine, plague of frogs) colour, shape etc etc may vary or may not be available and substitutions may have to be made, the bride signs it in front of me and she gets a copy and I keep one and I always make sure I explain it to them aswell. I think that so long as you have this sort of thing in place it would be very hard for anyone to sue you, unless it really wasn't anything like they wanted. As for day to day trade if people pre-order something we have to get in we always take a 2nd option - just in case. As for your customer she sounds like she wanted something for nothing so wouldn't worry too much about that one
Totally, totally agree with you here Breezy, we had a nasty experience a few years back so we had to introduce a simular contract for all bridal work stating the bloody obvious that flowers are a natural product and that size shape and colour cannot be 100% guaranteed. It's a real shame but you have to protect yourselves these days. You end up feeling like every customer is just looking for any little excuse to sue your but off!!
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Old 18-04-2008, 07:31 AM
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omg youve all done my head in with this thread, got bridal flowers to deliver this mornin, the bride hasnt even been to my shop, she rang about 3 weeks ago, said someone in her office had recommended me to her, told me how much she had been quoted by 3 other florists and could i beat there quotes.... of course i could, she wanted off white roses pink and burgandy in her bouquet and similar colour scheme for the other stuff....hand tie for her.....then when i gave her a price nearly dropped the phone when she paid in full there and then by card.....her order was very vague....so i put it in wrighting as she had described, and i emailed her to tell her the actual rose type i was using, aqua, avalanche and black baccarra...couldnt do any more, i offered her to come to the shop and advised she should so she could pick syles ect, but she declined....oh well to late to moan now, the gear is to be delivered at 10am this morinin, cowards way out im sending my full timer with the driver to deliver
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Old 18-04-2008, 05:20 PM
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Blimey that really is a laid back bride! Any follow up on this, gd?
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