Illegal NC Florists

Would you buy flowers from someone that you KNEW was doing something illegal?

If you are like most people, the answer is NO!


But that is what is happening RIGHT NOW in North Carolina.


That's because there is a new law on the NC books.This law -- Senate Law 2009-199 -- is designed to protect consumers of perishable goods -- such as flowers -- from deceptive advertising practices. This law became effective October 1, 2009.


Basically, it makes it illegal to misrepresent a business's location such that consumers are led to believe that the business is located in a town where it is not actually located. There are very stiff penalties for violation.


The law may be viewed and printed out at:


http://www.ncga.state.nc.us/Sessions...PDF/S625v3.pdf


On October Second, I wrote the NC Department of Justice regarding several deceptive advertisemnts that I found online. Now its time for others to "chip in."

I urge ALL NC florists and intertested consumers to research their “Yellow” directories as well as doing a search for: “Florist In YOUR CITY”. Accumulate a list and write the NC Department of Justice with this information and a request that the DOJ take action against these Deceptive Advertisers.

The NCDOJ contact information is:

State Of NC
Department of Justice
9001 Mail Service Center
Raleigh, NC 27699-9001

Attention: Julie D. Daniel

When you write, please be as specific as possible with regard to the website URL and company name/address.

Bill Miller

Owner

The Flower Hut

Solving The Economy's Problems

This is from an article in the St. Petersburg Times. The Business Section asked readers for ideas on

"How Would You Fix the Economy?"

Dear Mr. President,

Please find below my suggestion for fixing America's economy. Instead of giving billions of dollars to companies that will squander the money on lavish parties and unearned bonuses, use the following plan.

You can call it the Patriotic Retirement Plan:

There are about 40 million people over 50 in the work force. Pay them $1 million apiece severance for early retirement with the following stipulations:

1) They MUST retire. Forty million job openings - Unemployment fixed.

2) They MUST buy a new American CAR. Forty million cars ordered. - Auto Industry fixed.

3) They MUST either buy a house or pay off their mortgage. - Housing Crisis fixed.

It can't get any easier than that!

P.S. If more money is needed, have all members in Congress and their constituents pay their taxes...

Mr. President, while you're at it, make congress retire on Social Security and Medicare. I'll bet both programs would be fixed pronto!

Deceptive "National" Florists

Have you ever gone online to search for "Florist In Charlotte?' If so, you probably noticed that both ORGANIC (ie natural Search Engine) and PAID results included names that you did not recognize as being local flower shops. In many instances, that's because they are DECEPTIVE "National" Florists.



These folks tailor both their Search Activities AND their Websites to make it APPEAR that they are either IN Charlotte OR have some kind of "special relationship" with selected local florists.

It ain't so!

Here is what REALLY happens. These folks are usually "call centers." Based on some orders we have seen from them, many of their personnel may have never seen a flower before! They put STANDARD (but often re-named) FTD, Teleflora and/or 1-800-FLOWERS bouquets online with prices that INCLUDE a $7 delivery charge. (Most Charlotte florists charge about $10.)



But these online florists DECEPTIVELY do not tell you about the $7.



When you check out -- they add about $15 for "Delivery and Handling." But they don't charge tax (in violation of NC law) so the customer THINKS he's GETTING A BARGAIN.

But is he?


Lets follow the money. Assume a $50 (total) purchase by an unsuspecting customer. The "National" Florist POCKETS the $15 Delivery and Handling charge. That leaves $35. THEN, they put the order on the FTD, Teleflora or 1-800-FLOWERS Wire Service network where it is sent to a REAL Charlotte Florist. But the florist doesn't receive $35. Instead, the "National" florist KEEPS a 20% ($7) SALES COMMISSION and the Wire Service network keeps another 10%($3.50.)



So, the REAL florist ends up with $50-$15-$7-$3.50 = $24.50. After the REAL florist deducts $10 to cover the delivery charge, he ends up with $14.50 to make an arrangement!

But the customer paid $50!


THAT is why consumers are being ROBBED bt these unscrupulously DECEPTIVE "National" florists!

The Police Impressed Me!

About two weeks ago, we pulled up to the store and found one of the front windows shattered. Obviously, we had experienced a break-in!We were concerned that the intruder might still be inside, so we waited until the police arrived.

With guns at the ready, they entered and declared the premises secure.The burglar had CRAWLED under the motion detectors to the cash box, pried it open, took our petty cash, and crawled back out. What was stolen in cash was FAR LESS than the cost to replace the big plate glass window.

We've experienced break-ins before, and have never had any of the intrusions resolved. So, we were less than excited when the CSI crew (yes, there really is a CSI group in Charlotte) arrived, dusted the box for prints, pulled some blood drops for analysis, and left a half-hour later.

Yesterday, a plain clothes officer arrived with a complaint form for me to sign. He had a big grin on his face. "We caught her," he said.

"Her?" I asked.

He nodded. "We had three other break-ins that night -- all in your area. I thought they might have been done by the same person -- and that person might be out on parole with an ankle bracelet. So I checked the electronic records, and found that one of the bracelets had been near EACH of the four break-ins at about the right time. And that bracelet was issued to a lady parolee with a long history of drug abuse and thefts to support her habit"

"I didn't know that the tracking was so precise," I prompted.

He nodded again. "With this data, at the very least, the lady was in violation of her home-release conditions. So we visited her and explained the evidence that we had obtained -- including the blood whose DNA would certainly link her to the Flower Hut theft. She confessed to all four burglaries, we arrested her, and I suspect that she'll be away for a long time."

I shook his hand. "I AM impressed," I said.

And I still am.

What's The Difference Between Supermarket Flowers and Florist Flowers?

That's the question asked by the young son of a walk-in customer recently. The gentleman smiled and said, "About 5 days."

THIS was a very astute customer!

But it occurred to me that he might not know WHY "Supermarket Flowers" do not last as long as "Florist Flowers." After all, they all come from pretty much the same place.

The primary difference, I believe, is in what happens AFTER the Supermarket receives the flowers. In pretty much every supermarket that I have seen, their flowers are displayed in open air coolers. Most florists keep their ready-to-sell flowers in enclosed coolers.

This seems like a pretty minor detail. But is it?

In an open air cooler, only the stem ends are cooled. The blooms and foliage are in a brightly lit environmentand and are at at ROOM TEMPERATURE.

It is a well known fact that bright light stimulates flowers to bloom. And, if the blooms and foliage are at room temperature, they will start to "age" as soon as they are put on display.

There may be other factors. One MIGHT be that florists are trained in floral preparation. That means that they are more likely to know the proper steps that are needed in order to properly prepare cut flowers for display.

The TRUTH about "Flowers From $29.99"

Starting at Valentine's Day and continuing through Easter and Mother's Day, we saw major National FLOWER BROKERS such as FTD, Teleflora and 1-800-FLOWERS advertising "Flowers from $29.99" (or some such.) The fact is that this is a "come on" and a "gimmick."

Here is why.

First, the price they show IS NOT THE PRICE YOU PAY!

ALL these BROKERS add a "service/delivery charge" of around $14. So your "$29.99 flowers end up costing you about 50% MORE -- around $44!

Second, let's look at the numbers. The Flower Brokers INCLUDE about $7 in that $29.99 price for delivery. After the (roughly) 30% BROKER COMMISSION is deducted from the price, that leaves the INDEPENDENT FLORIST (like the Flower Hut) that receives the order and fills and delivers it about $21. (WE don't even get the $7 delivery fee since that is ALSO reduced by 30% to about $5.)

By the way, the $14 "service/delivery" charge is almost NEVER sent to the local florist! Instead, that fee simply adds to the BROKER's PROFIT!

So that leaves about $16 for the INDEPENDENT FLORIST to buy the flowers and container, pay a floral craftsperson to make it -- at a PROFIT.

Many/most PROFESSIONAL florists have a MINIMUM net order size of about $25 to $30 dollars PLUS a DELIVERY FEE of $7 to $12.

So... what type of flower shop is likely to ACCEPT and FILL an order from a Flower Broker for $29.99 GROSS; $21 NET??

Is THIS the kind of shop that you want to TRUST to convey YOUR feelings of love and affection?

Floral Code Of Ethics

Perhaps one of the problems in the floral industry is that there is no agreement as to what constitutes proper or improper behavior. So, here is my "stab" at a Floral Code Of Ethics.

Comments ARE WELCOME!
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FLORAL CODE OF ETHICS

Companies engaged in the sale of Floral Products to consumers assume certain responsibilities toward customers. These responsibilities arise out of the diverse methods of distribution of their products and services, the perishable nature of the products, and the time-sensitivity of their availability. We hereby set forth the basic fair and ethical principles and practices to which member companies will adhere in the conduct of their business.

1. Deceptive or Unlawful Advertising Practices

No member company shall engage in any deceptive, unlawful or unethical consumer practice. Member company companies shall ensure that no statements, promises or testimonials are made which are likely to mislead consumers.

The following are examples of Deceptive Advertising:

·Advertising in a telephone directory, or other similar print media, that services an area different from that of the company’s actual physical location, without disclosing that the company is not physically located in the local area.

·Advertising online using keywords associated with a specific city or location that is different from the company’s physical location, without disclosing that the company is not physically located in that city or location.

·Including the name of a city or location in the business name when the company is not physically located in that city or location.

·If floral products are shipped in a box, utilizing photos or drawings of floral arrangements without advising the customer that the floral products are shipped in a box, are NOT supplied fully arranged, and may be left at the addressee’s location if the recipient is not home.

·Advertising that leads the customer to believe that the products will be shipped from the grower to the customer, when the products will be shipped through an intermediate location.

2. Products or Services

The offer of products or services for sale by member company companies shall be accurate and truthful as to price, grade, quality, value, quantity, and availability.

·A consumer's order for products and services shall be fulfilled in a timely manner. Notwithstanding, the member company should not accept orders with unrealistic delivery dates and times, such as delivery after 4PM, delivery before 9AM and Sunday or National Holiday delivery without first verifying that such a delivery is in fact practical.

·If the price includes delivery, this fact must be prominently displayed along with the dollar value of the delivery.

·The member company shall screen all orders for appropriateness of language. Examples would include obscene or indecent remarks in the card message, inappropriate sentiments in a funeral message, etc.

·The member company shall screen all orders for appropriateness of product content or type. Examples include pink flowers in a baby boy arrangement or funeral piece for a man, a cross going to a Buddhist funeral, gourmet basket with pork products addressed to someone with a traditionally Muslim name, etc.

3. Terms of Sale

Prior to completion of the order, the member company shall communicate to the customer, in language that is clear and free of ambiguity:

·The name and physical address of the member company;

·All the terms and conditions of sale, with specification of the total amount the customer will be required to pay, including itemized service charges and fees, and other costs and expenses;

·If the member company will be using any third party to supply the product, this fact must be communicated in language that is clear and free of ambiguity.

4. Warranties and Guarantees

The terms of any warranty or guarantee offered by the member company shall be furnished to the buyer in language that is clear and free of ambiguity. The member company shall fully and promptly perform in accordance with the terms of all warranties and guarantees offered to consumers.

5. Identification and Privacy

Member companies shall truthfully identify their company and their products in all of their solicitations to prospective customers.

The member company shall take appropriate steps to ensure that customer’s proprietary information, including but not limited to Name, Address, Telephone Number, Email Address, and Payment Information will remain proprietary. This information will not be given, sold or bartered to any third party.

No member company shall in any way attempt to persuade, induce or coerce another party to breach this Code, and the member companies agree that the inducing of the breach of this Code is considered a violation of the Code.

6. Required Publication

All member companies are required to publicize this Code of Ethics to its consumers. The publicity plan shall contain, at a minimum, the following:

·An inclusion on the company’s web site of the Code of Ethics with a step-by-step explanation as to how to file a complaint; and

·A copy of the Code of Ethics prominently displayed within their shop

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All the best!

Bill