What do to about a
faulty wine |
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We are fortunate in Australia to have the Trade Practices Act (TPA)
which provides for refund or replacement of faulty goods. The provisions
extend to wine which exhibits a manufacturing fault that renders it not fit for
the purpose intended, i.e. drinking. You can get the refund/replacement
from the merchant you bought the wine from or from the producer. The protection applies only to goods bought new, but in some circumstances (such as cork taint) you may be able to get a replacement from the producer for wines bought at auction etc. The protection is in addition to any "Refund if not satisfied" offer made by various merchants. Merchant terms and conditions cannot over-ride these statutory rights. The following describes what you can do to ensure you get a satisfactory
outcome when you strike a wine with a "manufacturing fault" that renders it
undrinkable. It does not describe the symptoms/characteristics of the
particular faults in any detail, that's up to you to recognise and describe in
your claim. |
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Prerequisites. What faults trigger a replacement entitlement?
Requesting the Replacement/Refund Replacement is the usual means of settling the issue and you may have to settle for a current vintage replacement of an older wine. I usually find this acceptable and some wineries add a bonus bottle of some kind when replacing an older vintage with a current vintage. The actual procedure depends on where and when you bought the wine. For recent purchases you should approach the place you bought the wine. Some merchants insist on proof of purchase, hence the requirement to keep receipts. If you can't get a replacement via the merchant, you can still try the producer. This is where a good personal relationship with a merchant may come in handy, especially if (like me) you buy a lot of wine from merchants in other states, including pure e-tailers. For older wines it is usually easiest to go directly to the producer. The simplest process is where you bought the wine at a local merchant and have the receipt. Simply take the offending bottle back, describe the fault, show your receipt and request a refund/replacement. If they decline, ask for the manager and repeat the process. This normally solves the problem, but if the merchant denies the wine has the fault you claim you may have to either press the argument (in front of other customers sometimes helps wear down resistance). If they deny any responsibility for the agreed faulty bottle, mention of the TPA and your State equivalent of the Fair Trading Office or Small Claims Court is sometimes successful. If unsuccessful, report your experience on your favourite wine forum and boycott the merchant, or if an expensive bottle, follow through on the Office of Fair Trading threat. If you bought from an interstate e-tailer or winery, then the process depends on your relationship with the vendor and their own preferred procedure. With my favourite merchant (Boccaccio in Melbourne) I simply email with details of the problem, indicate I have the bottle/contents/cork to send back if necessary and request a replacement or credit on my next order. That's all it takes and usually the bottle isn't required. Other merchants and wineries may require the bottle to be returned (at their expense), the big companies usually do. So I have documentation of the process I usually start with an email, but (especially if they have a toll-free number) you may prefer to deal with the issue by telephone. Whichever means you choose, the key items to be clear on are:
Often the situation can be resolved in a return email or phone call if they consider your explanation for the fault to be sufficiently specific and accurate (and if you are a regular customer). The big companies like Fosters have a consumer relations group that implements their procedure, which usually involves them sending you a reply-paid pack for the bottle and can take up to 4 weeks to complete. Others may arrange courier pick-up of the bottle or send you a reply-paid sticker leaving you to package the wine and send it. If your Request is Ignored or Refused If the merchant/producer/importer denies you claim or denies the fault exists, it's up to you to decide how far you want to take the issue. If it is a reasonably expensive bottle and you are sure of the fault you should re-iterate your claims to the producer and re-state your understanding of your rights and their obligation under the TPA. If that fails, then you have some other options, including boycotting the supplier, the Fair Trading Office (or equivalent) and publicising the issue on one or more wine forums or your own blog, Twitter etc. Be aware that going public may leave you open to legal threats/action by the supplier if you get too carried away with emotive terminology or bend the facts, so be careful with this avenue and make sure you have clear documentation of the whole process. |