Daniel Bailey 
Barrel Racker
Posts: 1534
 | | 10-23-2007 04:11 PM |
| I don't see any "I know this looks like a simple contract for the sale of goods but really its a contract that is voidable by us whenever we decree because obtaining the wine we "sold" you is not in our economic interests now" http://www.premiercru.net/premier/company/Legal.do | | | |
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JimmyV
Central Connecticut
Wine Connoisseur
Posts: 5251
| | 10-23-2007 04:53 PM |
| You're right. I don't see the usual liability limiting language. Compare what Wine Library has on their site: PRICES AND AVAILABILITY OF THE PRODUCTS AND SERVICES LISTED WITHIN AND ON OUR SITES ARE SUBJECT TO CHANGE WITHOUT NOTICE. The listing, description of, or reference to, a product or service on this Site does not imply that the product or service is presently available. Wine Library reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Wine Library shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. | | | Beta testing a new signature. | |
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Blair Ridley
Wine Steward
Posts: 7719
| | 10-23-2007 05:28 PM |
| Has anyone here ever been told by PC that they can not / will not deliver the wine and must substitute it or provide a refund? While many people suspect that may happen (especially with their notorious delays), I've never heard of it happening... | | | |
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Daniel Bailey
Barrel Racker
Posts: 1534
| | 10-23-2007 05:42 PM |
| You know Jimmy I don't want to screw up a wine site with lawyering but I really don't see that that language from Wine Library would protect them once a contract for sale has been executed. | | | |
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Dave
Wine Connoisseur
Posts: 5832
| | 10-23-2007 09:36 PM |
| Posted By Blair Ridley on 10/23/2007 5:28 PM
Has anyone here ever been told by PC that they can not / will not deliver the wine and must substitute it or provide a refund? While many people suspect that may happen (especially with their notorious delays), I've never heard of it happening... PC cancelled my order for 6 bottles of 2001 Ridge Monte Bello cabs. They refunded my money and did not offer any special deal or other accommodation. That was a year or so ago, and I've placed an bunch of orders since that seem to be going well (of course no actual wine deliveries!) | | | |
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Winetex
Austin, Texas
Master of Wine
Posts: 11429
| | 10-24-2007 08:45 AM |
| Has anyone here ever been told by PC that they can not / will not deliver the wine and must substitute it or provide a refund? While many people suspect that may happen (especially with their notorious delays), I've never heard of it happening... To their credit, no problems with any of my orders. There was one order that was delayed quite a bit but eventally arrived. Unfortunately I think this one is going to be the first one. For some reason many people are content to accept a substitute which is far below what PC is legally obligated to provide. Don't be one of those people Winetex. No worries Dan. I'm pretty hard core, especially when it comes to champagne. I have an idea of how they can make this right. | | | |
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JimmyV
Central Connecticut
Wine Connoisseur
Posts: 5251
| | 10-24-2007 08:59 AM |
| Posted By Daniel Bailey on 10/23/2007 5:42 PM
You know Jimmy I don't want to screw up a wine site with lawyering but I really don't see that that language from Wine Library would protect them once a contract for sale has been executed. Ditto on the over-lawyering. Regardless of the legal strength of the WL language, I think we can agree that it is probably enough to scare most people away once the shop says "Sorry. We can't source any more of this. We will credit your card with a refund." If a customer protests, they will be directed to this language and most will shrug their shoulders and take it. Caveat: I have never had WL do this to me, and don't know if this is their practice. I did, however, have 2 shops do this last year after the Casanova got WOTY from WS. I had 2 orders cancelled outright and a third dropped from 4 botttles to a singleton. | | | Beta testing a new signature. | |
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Winetex
Austin, Texas
Master of Wine
Posts: 11429
| | 10-24-2007 03:27 PM |
| Not much update on this other than they think they are going to get it around the first of the year. I'll update if/when there is news. | | | |
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David Niederauer
Los Gatos, CA
VinoCellar.com Extraordinaire
Posts: 30967
| | 10-26-2007 02:37 AM |
| I got a kick out of their statement, "we are only able to accept returns on wines purchased in error".
Error? Like an "error in judgment"? | | | |
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Winetex
Austin, Texas
Master of Wine
Posts: 11429
| | 11-21-2008 06:00 PM |
| Going on three years outstanding on this order. I'm going to call the patient dead and request my $$$ back. It shall be interesting to see if/how they offer to make good after holding on to my $$$ for three years truly without any hope of sourcing this wine. | | | |
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wineismylife
Arlington, TX
Master of Wine
Posts: 12725
| | 11-21-2008 06:51 PM |
| My oldest with them is exactly 1 year old as of today. I've made my mind up that I don't care how good the deal is I'll never buy from Premier Cru again unless the wine is actually in stock when ordered. | | | Joe-----Wine is like potato chips around me...if it's open, it's gone. | |
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Vine
Milwaukee, WI
Barrel Filler
Posts: 1165
| | 11-21-2008 07:03 PM |
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Posted By Winetex on 11-21-2008 06:00 PM
Going on three years outstanding on this order. I'm going to call the patient dead and request my $$$ back. It shall be interesting to see if/how they offer to make good after holding on to my $$$ for three years truly without any hope of sourcing this wine.
This seems a bit ridiculous, you have basically allowed them to use your capitol on a front for 3 years. They should take the hit and source the bottles. | | | |
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Winetex
Austin, Texas
Master of Wine
Posts: 11429
| | 11-21-2008 09:27 PM |
| They should take the hit and source the bottles. Indeed. And because I actually wanted the wine I've been letting them slide. No more. | | | |
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MTPockets
Barrel Racker
Posts: 1840
| | 11-21-2008 10:27 PM |
| You either have the patience of a saint or the faith of one.....3 years waiting on a wine that was available when you bought it is....well, silly. Get your money back with interest! | | | |
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Winetex
Austin, Texas
Master of Wine
Posts: 11429
| | 11-22-2008 11:57 AM |
| You either have the patience of a saint or the faith of one Neither, I kind of forgot about it for a while. Other things to worry about these days... Does anyone know who is the best person to talk to about this? With Leah gone I'm sort of in the dark. TIA. | | | |
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Eric White
San Ramon, CA
Advanced Sommelier
Posts: 9628
| | 11-23-2008 01:21 PM |
| You might try Rob Youngren | | | 2008: the end of an error | |
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jason
Napa Valley
Wine Addict
Posts: 6982
| | 11-23-2008 01:28 PM |
| Paul Costigan dealt with my issues very quickly and professionally. | | | |
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