Defamation campaign

The plants in picture are a joint order by a group of 19 ladies from Sweden of Hoya. The plants were described with heights of 20 cm or 30 cm ( so not sold as XL plants ) on a wholesale list ( not from aleyagarden site ); the conditions of sale on the price list state clearly on  the list that we don't replace plants unless we made a mistake.
The EMS parcel was mistakenly sent by the post to the Japanese customs who sent to Sweden ( before we could ask EMS Thailand to get back the plants to Thailand ), and finally was reposted inside Sweden : this travel in 3 steps took 11 days plus  the days of reposting inside Sweden.

Here is a summary of the conversation between Aleyagarden and Y representing the group of 19 buyers :

Y : 50% of the plants have arrived dead, you packed too wet, we want replacement in some way
A : send pictures
some pictures are sent ;
A : on these pictures I don't see serious damage or indication of too wet packing, more pictures should arrive ?
Y : no more pictures, the plants have been discarded because they were rotten
A : an other angry customer this month was in a similar situation : mishandling by EMS and travel in 11 days, no pictures to send; but the parcel was reported dry, the reason given was the opposite of yours - "Aleyagarden had sent it too dry the day of  packing". All parcels arrive too dry or too wet ( 50/50 ), we always pack with the same methods. We see on your pictures that the finest roots were not overwatered ( structure and color ). Water came in transport from evapotranspiration and root balls of many plants packed together and stressed

escalation :
Y : we want full money back including travel, Swedish customs fees and VAT or we will send the pictures around the world and nobody will buy from Aleyagarden anymore
A : the only mistake I find on my side is that I did not send you pictures of the order before shipping, ( but the picture at time of packing shows the heights : 20 and 30 cm , as indicated in the list, and last year you got similar plants in sizes, I had not sent a pic before either ) so I refund you 30 %

refund of 30% is done
Y : ( same request : we want full money back )
A : find an expert with a scientific backgroung who could say : I could not regrow most of the plants in your pictures
Y : ( same request : we want full money back )
A : I found a Hoya hobbyist with a doctorate in genetics / medicine / biology, his report says that most plants can be regrown, even without sophisticated techniques / apparatus ; if we went before a court or a referee the decision would be 100% on my side
Y : ( same request : we want full money back )
A : I added a new rule in my shop for EMS parcels : you can take an insurance for 50 % of the plant price, let's say you took this insurance and I will resend at half price those that are dead, or resend cuttings but you pay the transport cost. Y : ( same request : we want full money back )
A : we can't, we are loyal to all customers, we don't replace plants unless we made a mistake, we don't bend the rules for bigger or long term buyers
the campaign starts on the internet , also the remaining pictures are finally released : it appears that the emulation of 18 dissatisfied girls let them to hide pictures  of plants that might produce again roots and leaves after the dormancy caused by the travel. In their anger they tried to hide the real state of the plants in order to  ease the request of refund - no proof to see - , planning to use public defamation as a threat instead of trying to care for the dormant plants.

Usually when such problems happen the importers send all pictures to sustain their claim and a solution is found such as resending in a new order for free the same plants or cuts with transport paid by the buyer.

Item 40 of the Annex IV, deciduous, dormant plants : differing interpretations

The item 40 of the Annex IV says that deciduous trees and shrubs, intending for planting, other than seeds and plants in tissue culture, originating in third countries other than European and Mediterranean countries need and official statement that the plants are dormant and free from leaves.

But the so called deciduous plants are not identified by the Annex IV and the word " deciduous " gives rise to differing interpretations. A tree in its natural environment can be said non decideous or semi deciduous by a source ( phytosanitary employee, botanical encyclopedia ), and deciduous by an other; or some phytosanitary employees will consider that a distinction is to be made between nursery grown plants ( they won't lose their leaves ) and grown in nature.

The dormancy is also diversely interpreted. ( if a plant is reported to be deciduous but is keeping its leaves during the dry season when it is exported, is it dormant at the time it is exported ? )

When websites maintained by plant protection services exist that inform the public about their specific applications of regulations then differing interpretations are not a big problem; or when an import permit lists the practical conditions in which plants can be imported.

Plant importers in countries known to be linked to problems, such as France, should ask,  before the plants are imported, the phytosanitary office in charge : which items of the Annex IV apply and what are the practical interpretations regarding leaves, rooting etc.

This is how,  below, items were listed on the phytosanitary certificate of a shipment in March to France from Thailand :
FULFILS ITEMS 32.1 ( C ), 32.3 ( C ), 33, 36.1  ( C ) , 45.1 ( C ), AND 46 ( B ) ( C ) OF ANNEX IV AI OF PLANT HEALTH DIRECTIVE
plants were shipped in march, the dry season in which , if deciduous, plants lose their leaves
item 40 is not mentioned as the plants , seen with their leaves on at the time of the control by the phytosanitary office of Thailand the exporting country, were not considered dormant, hence not deciduous ;

Intercepted plants with leaves

In this shipment of 15 species only Aglaia Bauhinia Gardenia and Euclinia were intercepted in March 2013 by the french plant protection bureau while almost all the 11 non intercepted are reported semi deciduous or deciduous by some sources .. and the 4 intercepted are reported semi deciduous ! :

AGLAIA ODORATA, BAUHINIA SPP, BEAUMONTIA GRANDIFLORA, CINNAMOMUM ZEYLANICUM, EUCLINIA LONGIFLORA, GARDENIA SOOTEPENSIS, GARDENIA TUBIFERA, JATROPHA INTEGERRIMA, JATROPHA PODAGRICA, MICHELIA CHAMPACA
ODONTADENIA MACRANTHA, RUSSELIA EQUISETIFORMIS, STROPHANTHUS GRATUS, VALLARIS GLABRA, WRIGHTIA RELIGIOSA  

Hoya, Hoya seeds, Orchid seeds, Ferns, Fern spores and other plant collections are for sale on aleyagarden.com Plant care is available in various posts of this blog. Contact : aleyagarden@hotmail.com