I
understand the merchant’s ire; I am a B of A merchant myself. I tried to
reason with them on the phone, but some merchants take these things personally,
and some are just dishonest. In this case, it is a little of both.

When I received the
product, it was in an (approximate) 12"X12"X48" cardboard box,
bare root and bunched together, like a bunch of asparagus. I had to take
the 20 "bushes" apart and separate them to see what I had.
Please refer to the picture on page 7, which is one "bush".
I called the merchant that same day; they refused to offer a pick-up of
the plants. I was forced to put my problems in an email to them, please see
page 4. I would have worked with them on the problem, but they refused to
budge, stating only policy. I then put the plants in soil to protect the
bare roots in our south Texas dry weather, while we continued to communicate.

My position is this:

I agreed to buy Oleander
Trees, see page 5, TyTy was selling "trees", which I contracted for,
see the invoice, page 1, 20 Firestarter
Oleander Tree-3 Gal. That is not what I got. The
merchants own web site states a tree is a single stem or trunk; I got a bush
with multiple stems on each. I use the seller as their own expert. In the sellers reply to me, see bottom of
page 7 and very top of page 8, they admitted they were not trees but bushes
that could be pruned into a
tree. I likened it to buying flowers at a flower shop, and they give you
a bag of flower seeds (well, they will be
flowers). The merchant misrepresented
their product to me on their website.

I requested a return
of the product, stating the misrepresentation to the seller; they flatly
refused to provide any remedy.

The seller abandoned
the wrongly shipped product by refusing to negotiate any remedy beneficial to
both seller and buyer. At that point, I
did not trust the seller for a refund if I went to the expense of returning the
plants. I mitigated any further monetary
exposure I had by disposing of this perishable product.