I bought a Christmas tree from a local farm that was advertised as ‘non-drop’.
However, after a week the needles are shedding everywhere. Can I get any of my money back?
Name and address supplied.
Dean Dunham replies: In reality no real Christmas tree is truly ‘non-drop’. At best, the term usually means reduced needle loss, provided the tree is fresh and properly cared for.
That said, advertising a tree as ‘non-drop’ does create an expectation, and if it is shedding like a labrador in summer after just a week you are entitled to feel short-changed.
Legally, your rights depend on whether the tree was mis-described. Under the Consumer Rights Act 2015, goods must be as described, of satisfactory quality, and fit for purpose.
Shortfall: A reader’s ‘non-drop’ Christmas tree starting shedding its needles after just one week
A Christmas tree that rapidly disintegrates well before Christmas Day, or that sheds its needles despite being described as ‘non-drop’, may fall short of those standards, particularly if you have watered it and kept it away from heat sources.
However, be prepared for the seller to argue that needle drop is influenced by factors outside their control, including central heating, lack of water or transport damage.
You will therefore need to show that you followed all the usual care instructions and did nothing out of the ordinary to influence the needles dropping.
I would advise you to take pictures of the tree and surrounding area, to demonstrate the extent the needles have dropped. Then return to the farm with this evidence.
Tell the trader that you want a refund as the tree does not meet the ‘non-drop’ description, which is a breach of the Consumer Rights Act.
If you paid with a credit or debit card, you can make a chargeback claim if the trader refuses to give you a refund.
If you do go down this route, make sure you tell your bank or card provider that you are making a claim because there has been a breach of contract – the breach being that the tree does not meet the description.
Finally, you must make a chargeback claim within 120 days of purchase, so don’t leave it too long.
Christmas party frock hasn’t arrived
I ordered a dress online for my work Christmas party on November 14.
I paid extra for next-day delivery and insurance. I got an email saying it would be delivered the next day, but it never arrived.
It still hadn’t arrived by the party in mid-December. I just want my money back, but the retailer wants to send me a replacement. Can it do that?
Name and address supplied.
Dean Dunham replies: When you ordered the dress and paid extra for next-day delivery, you entered into a contract that included when the goods you bought would arrive. In this respect, the delivery date became a
specific term of the contract that needed to be honoured by the retailer, especially given that the dress was clearly for a
specific event.
Under the Consumer Rights Act 2015 and in accordance with English contract law, goods must be delivered within the agreed timeframe.
If they are not, then the retailer is in breach of contract. You can now take one of two legal routes to insist on a refund rather than a replacement dress.
Firstly, you can claim breach of contract, for the reasons I have set out above.
As a result of the breach of contract, the agreement for you to purchase the dress is rescinded and you automatically become entitled to a refund.
Alternatively, as you ordered the dress online, the Consumer Contract Regulations apply.
These regulations state that you can cancel an order and receive a refund at any time from the date of purchase up to 14 days after delivery.
So, in either case, the retailer is not entitled to force a replacement upon you.
You should also note that in addition to a full refund for the dress, you are also entitled to a refund for the extra money you paid for the next-day delivery and the insurance, as these services were not provided.
