• Report: #906306

Complaint Review: Kelly Nursery

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  • Submitted: Tue, July 03, 2012
  • Updated: Tue, September 25, 2012

  • Reported By: terriergal — South Central Minnesota United States of America
Kelly Nursery
1708 Morrissey Dr. bloomington, Illinois United States of America

Kelly Nursery Direct Gardening Direct Gardening The House of Wesley, Burgess Seed, Dutch Gardens, Inter-State Nurseries, Farmer Seed and Nursery, Four Seasons Nursery, Richard Owen Nursery / Exciting Gardens, Kelly defective merchandise, no refunds bloomington, Illinois

*Consumer Comment: Same Thing Here!

*Author of original report: Attorney general told them to refund

*Author of original report: Same old script

*Author of original report: received replacement plants, also dead

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Ordered just two plants on June 2.  On June 10 I still had received no communication regarding the order, whether it went through or disappeared into cyberspace.  I sent an email, "Kelly" replied essentially that they were sending orders out as soon as they are prepared... but no tracking or anything.

I thanked this person for the response, and they said you're welcome, check back anytime for the status of my shipment.  Like they had actually given me a status??

I finally received my plants on Jun 29, when it was super hot outside, the plants were stuffed in a transparent plastic envelope with no protection, no moisture retentive material on the roots, and who knows how long they had been in shipment.  There was no date to indicate when it had shipped.  The envelope had been FOLDED into my mailbox and the "dormant" plants were broken in half. [continued below]....
.....  I complained of course and was told that they were probably dormant, please follow the instructions (which I did anyway, but I can't imagine if I had ordered a lot of plants like some people have, and to go through all that work for plants that aren't going to make it is ridiculous!).  So I wrote back that I know how dormancy works, and yes, bareroot plants often look bad when they first arrive but they are typically shipped when it is still COOL out, shipped quickly, and protected from injury so that they don't get crumpled up in a box, and moisture loss because they are likely to start coming out of dormancy in the warmth of shipment!

I planted the stressed plants in potting mix in a pot in the house because now it is 90 degrees outside and in as bad shape as they are in, they are not going to make it if I plant them outside.  If they'd had the last two or three weeks to be planted maybe they'd be ok through this heat.  In fact I just planted a gold cherry tree from a different nursery that was in cold storage when I ordered it and it arrived a week later, just starting to bud out, with wet newspaper wrapped around its roots, having been shipped in a long triangular box and clearly marked that it should be HANDLED WITH CARE.  It seems to be doing fine even with the heat so far. THEY did a great job.

So Kelly Nursery wrote back basically saying I could get REPLACEMENTS or a Credit voucher. I certainly don't want a credit voucher so I sent back a note saying if they send me replacements, they should send me live plants that are PROTECTED from injury and moisture loss and to send them quickly.  I also indicated 9-10 days coming up where I would not be home to receive the shipment, so if it arrives then it will sit at the post office.  We'll see what they will do.  I won't hold my breath, and wish I had checked here before I ordered from Kelly Nurseries.

This report was posted on Ripoff Report on 07/03/2012 01:17 PM and is a permanent record located here: http://www.ripoffreport.com/r/Kelly-Nursery/bloomington-Illinois-61704/Kelly-Nursery-Direct-Gardening-Direct-Gardening-The-House-of-Wesley-Burgess-Seed-Dutch-G-906306. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year.

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REBUTTALS & REPLIES:
3Author 1Consumer 0Employee/Owner
Updates & Rebuttals

#1 Consumer Comment

Same Thing Here!

AUTHOR: Hagan - (United States of America)

I ordered 40 Tall screen hybrid poplar $89.75 plus 4 burning bushes $5.75 as well as 24 Arborviate American trees $34.99.....Shipped the same way as yours.... Information sheet said that they were shipped dormant. So I went ahead and had them planted after reading the entire information sheet.. AS of now all dead.....  Possibly due to the fact that I was out of town for 3 days when they were delivered & the package was plopped in the driveway (Direct Sunlight) WITH NO WATER AND it was the end of June in GA. After reading this I will be calling them to refund my money!!! This company was Direct Gardening Division of House of Wesley 1704 Morrissey Drive Bloomington, IL 61704    1-309-662-7943.





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#2 Author of original report

Attorney general told them to refund

AUTHOR: terriergal - (USA)

The Minnesota attorney general told them to refund my money in the amount of $18.10  so I got a snail mail from Kelly Nurseries that SAYS it is preparing a refund for $6.95, the amount of the plants minus shipping and tax.  Now, the shipping was $9.99 for shipping stuff in a clear plastic bag, which probably cost them all of $2 or $3.   I would understand if they actually took care with their shipping and handling, but they don't.  $9.99 is what you charge for shipping live plants carefully.

Plus, they charged me $1.19 sales tax.  That is about 17% !!  What state has 17 percent sales tax??  this is complete fraud!!  They are overcharging in every area and refusing refunds, channeling customers into a 'no win' situation where the customer has no recourse because of the policy of the company.  If you don't give the dead plants a chance they can tell you you didn't follow instructions so your refund is forfeit.  If you do give the plants a chance (they say a full six weeks) your refund (which must be requested within 2 weeks) is forfeit but you CAN have them send you another shipment of dead plants....

So everything is going back to the attorney general again. I emailed Kelly Nursery and told them this, and they said they would forward my email to the appropriate department. Right...
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#3 Author of original report

Same old script

AUTHOR: terriergal - (USA)

They responded today by trying to educate me about dormant plants using the same script they did the first time.  However I had already specifically told them if they replaced my plants, to send them with protection, not in the transparent green plastic bag with no moisture retentive material around the roots, especially considering it's now  mid summer and routinely very hot outside, as summers tend to be!  Putting the entire plant by itself in a transparent envelope in mid summer, you may as well leave a puppy in a car on a bright sunny hot day and close the windows for a couple of hours.  Yeah, you might have a barely alive puppy after that, depending on other factors, but not likely.

Every other nursery I've ordered dormant merchandise from packed the roots in a bag with moistened material, sealed the bag around the stem of the plant and put the entire thing in a protective BOX.   THEY are not trying to rip people off.

Well, there was something new in this script.  NOW they told me that to get a refund I have to send the ORIGINAL plants back (not the replacement plants) along with the original shipping label within 14 days of receipt. I was not told this before or I would have done so.  It's too late for that now so I guess I'm stuck.  Anyone who has ordered from Kelly Nurseries or its companies do not accept replacement plants or you will never get your money back.  Send back the dead stuff "prepaid" and request a refund.  I can't say how well they'd honor that, but that is what they told me.   Quoting from the email I just received:

"Thank you for your correspondence regarding the plants you received from us.  You stated that some of your plants appear "dead" or have not yet started to bud and leaf-out.  Much of our nursery stock is shipped in a dormant, bare root condition or in starter pots that require transplanting.  Also your plants may be stressed by shipment.  Therefore, the plants may look "dead," be droopy upon arrival, have lost leaves in shipment, or may leaf-out later than an established plant.

If you have not already done so, please plant all plants immediately following the instructions in our planting booklet. Water regularly. Give them a chance.  In nearly every instance the plants will grow and thrive. If after six weeks of planting, your plants do not leaf out or if you are certain they are not alive, return the ORIGINAL SHIPPING LABEL from the package as required by our guarantee.  Upon receipt a replacement order will be scheduled for you.  Please include a full explanation of the problem by item and quantity. 

If you prefer a refund instead of a replacement, return the plant, postage prepaid along with the ORIGINAL SHIPPING LABEL within fourteen daysin accordance with our guarantee.  Please include a full explanation of the problem by item and quantity.  The refund guarantee applies only to the original nursery stock and not replacement items. Thank you,

Customer Care"
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#4 Author of original report

received replacement plants, also dead

AUTHOR: terriergal - (USA)

I received replacement plants today, also dead, packed in a green bag with no moisture retentive material around the roots.  It's midsummer and they expect these plants to survive this?

I was also contacted privately on Dave's Garden July 16th by a representative hoping to look into my account.  We'll see.  I'm not particularly optimistic.  I did not see the contact on Dave's Garden until today when I went to check if I could update my account of the order there, since I received the additional dead merchandise today.

I would like my money back, or LIVING PLANTS sent to me at no additional charge.
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