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What do you make of it?

Posted by marylew 
What do you make of it?
October 25, 2016 10:23AM
I ordered a white nectarine from a local garden centre in January of this year.I have wanted one for so long I thought at last I have one coming.At the same time I ordered a Golden Queen Peach for my Daughter for a Birthday Present.The white nectarine in my back yard flowered beautifully and fruit developed but they were furry.I knew that was a peach not a nectarine.I checked my daughters tree and it is also furry, so that is a peach also.I took a tiny peach to the garden centre to show the owner and he looked at it and said that is how nectarines start furry.I insisted that I know the difference between a young nectarine and a peach.I asked him if I could get a white nectarine free next year and he said no that people complain that they have been given the wrong fruit tree by him, and then give that original tree away.He told me to dig out this tree and bring it back then I might get my money back.I told him I would do that then.He told me to wait around while he rang the company where the fruit trees came from to see if there were any more nectarines. The answer was no more available this year and I cannot dig up the peach tree in my garden and return it because it will die. I had kept the tags off the trees showing one to be nectarine , one to be peach and what I had paid .Showing him those meant nothing to him.This happened last friday and I wonder should I just leave it and not deal there again.I am a little timid in anything I approach.Have I got any rights?
Re: What do you make of it?
October 25, 2016 10:43AM
My understanding of the Consumer Guarantees Act is that you do have rights if the tree was mis-labelled, or if the garden centre owner told you it was a white nectarine when this wasn't true. Because the item you bought did not match its description, you should be able to get your money back. If you still have the original label, that will help. I'm not sure however what would be considered fair in relation to 'returning' the tree you have, so I suggest you phone your local Citizens' Advice Bureau. They will be able to access someone with legal expertise in the Ministry of Consumer Affairs, and they will pass on their advice. And alternatively if you are a Consumer NZ subscriber, you can phone their advice service on the 0800 number - that usually gets results!
Re: What do you make of it?
October 26, 2016 12:48AM
You do have rights, its just whether or not you want to exercise them or not. Its hard to ascertain whether the person you dealt with truly believes you were given the right tree or he just doesn't care. I am interested in what others think here, but he asked you to return the tree you were given and you 'might' get your money back, so that indicates he acknowledges you did get the wrong tree, and then asking you to return it is probably not unreasonable, but agreed that its not like picking something up and returning it and exchanging.
I would do a bit of research on the business and establish their complaints process or find the owner and approach directly and explain your issue. If you don't want the tree, I would be succinct about that, but would not dig it up until you establish for sure you will get a refund. If no refund and the stress is not worth fight, do you want to be rid of the tree as you could try selling on trademe etc.

For what its worth, I found some information on the link below - not sure of its accuracy, but to be clear, I dont think you have been treated nicely or fairly.

Re: What do you make of it?
October 26, 2016 01:53AM
I never realised until I looked at this that nectarines are actually a peach. They have a recessive gene that makes them grow without fuzzy skin.
I feel you have been treated unfairly. Mistakes happen but it is the putting right that counts. Whoever you dealt with does not seem to have been reasonable.
Re: What do you make of it?
October 26, 2016 03:25AM
I agree with everyone and especially Karena regarding the Consumer Guarantees Act: The tree should be the same as the description on it's label, which, clearly yours is not Marylew and you have kept the label. I agree, do phone/visit your nearest Citizens Advice Bureau and ask them to get advice from Consumer Affairs for you as the advice CAB can get for you is the backing you need to put your case to the garden centre you bought the tree from. Another suggestion would be to take a photograph of both your ('pseudo nectarine') tree and the peach tree you bought your daughter including a close up of the furry baby fruit on your tree, just to offer further proof (instead of digging it out at this point). Don't give in to them - too many people do give in too easily. If there is a person at the garden centre who is higher in rank to the guy you have first approached, then by-pass that guy and speak to the higher or highest rank person.............and don't forget to mention you have rights under the Consumer Guarantees Act. Good luck - I want to know you get the tree you originally thought you were planting!smiling smiley
PS My opinion is not meant to be seen as condoning conflict, but to encourage you to get some back up info/advice so that you feel confident with yourself when you approach the garden centre people.

Edited 2 time(s). Last edit at 10/26/2016 04:01AM by Dawn.
Re: What do you make of it?
October 26, 2016 03:40AM
Marylew, I would bypass him and go to the supplier of the fruit trees, probably Waimea Nurseries or Incredible Edibles (?).
I would explain to them the situation of the trees but add in that the garden centre person was not being helpful in resolving this issue.
It is them that will have labelled the trees and made the mistake.
I would assume that they would courier you a replacement tree or arrange for you to pick one up from the garden centre.

I know that you can use your rights with the garden centre person but think it is less stressful to bypass him and then don't shop there again.
That is from me who tries to avoid conflict where possible.

Edited 1 time(s). Last edit at 10/26/2016 04:10AM by helen.
Re: What do you make of it?
October 26, 2016 03:57AM
My husband owned a large garden centre for many years and I have asked him how he would have handled this situation. He said that provided the complainant was a known customer he would replace the plant without question and refer the error to the supplier. Garden centres do get quite a lot of complaints about plants not turning out to be what the buyer expected, but the vast proportion of these complaints stem from buyers' ignorance and unrealistic expectations.

And nectarines are non-fuzzy from birth; yours is almost certainly a peach or a peacherine.
Re: What do you make of it?
October 26, 2016 08:34AM
Thank you everyone for your opinions.It was the owner that I was dealing with.We only have two garden centres in our town other than Warehouse and Bunnings.As a couple of you mentioned the supplier had incorrectly labelled this tree and I didn't think that far back,my mistake.This man has owned the garden centre for about 15 years and tried to convince me that my sample small furry peach would turn smooth into a nectarine within a couple of weeks.I know nectarines and their growing habits well, so must he.I felt that he had put up a wall as soon as he heard I was there to make a complaint.He said he was happy to put me "In The Book" for another one next winter but at my expense.I think he thought that would please me.I don't like confrontation and I am quibbling over $38.95 but the long wait for the white nectarine and his attitude towards what went wrong, annoys me.I have been dealing at this garden centre for as long as it has existed this is my first complaint.Thanks again everyone I will go back during this weekend and see how I get on.I don't want much now, just him to drop his attitude about it.
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