Legal Question in Consumer Law in Virginia

I ordered flowers for a friend's birthday. The florist claims to have attempted delivery twice, to no avail. The delivery person chose to leave them with a neighbor, rather than to contact me or my friend for an alternative delivery time or place (they had our cell numbers). Didn't even leave a note. The neighbor, however, gave my friend her flowers the next day.
Now, I complained to the florist about the "non-phone-calls" and the leaving flowers with the neighbor. I was told it was their policy (I checked their delivery policy on their website, and there's no mention of leaving flowers with neighbors in the event of failed delivery attempts).
Well, no harm no foul, right? Except for the missed birthday delivery, my friend got her flowers. Still, I'm not satisfied. The question is, can the florist claim that they properly fulfilled their contract by leaving the flowers with a neighbor without advising me of the difficulties or leaving a proper notification? Can I seek remedy (other than complaining to the better business bureau?)

Asked on 3/01/10, 2:32 pm

Michael Hendrickson Law Office Michael E. Hendrickson

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Sure, you could sue this florist in small claims court for her/his alleged breach

of contract for the less than stellar delivery of the flowers, but what would be your

credible and provable claim for damages? Probably, nothing

more than the cost of the flowers, presumably something in the range of $30 or,

perhaps, $40 at most?

Answered on 3/06/10, 8:28 pm

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