Freycinet refuses to replace "corked wine"!!!!!

michel · Post by **michel** » Sat Sep 06, 2003 10:25 am

I am one mighty $#@% off person.
I have been a loyal mail order customer of Freycinet Vineyard for almost ten years.
This week I opened a 1998 Pinot which was corked- I was able to open another from the cellar to compare.
I contacted the vineyard twice this week and after failing to call me back as promised I rang them today.
I spoke to Lindy Bull one of the owners and she said "it is not our policy to replace corked wine"
she said she will "replace the bottle if I buy another case of wine"

I am flabbergasted. :evil:

Murray or TORB or anyone whom can help me - give me an email.
I am so damn angry and want to take this further.
This is the first time ANY vineyard in Australia has done this to me.
michel
michell@mail2me.com.au

michel · Post by **michel** » Sat Sep 06, 2003 11:06 am

Thanks Murray for your contact.
I will keep everyone up to speed as this saga progresses.
I want to pull their wings off. :shock:

michel

Murray · Post by **Murray** » Sat Sep 06, 2003 12:39 pm

Michel,

I've sent you an email, but here's the salient points.

Note I am not a Lawyer, and provide the following information based on my own readings and discussions with the ACCC.

The relevant description for this situation is covered under the “The Trade Practices Act” section of the www.accc.gov.au website and starts at the following link: http://www.accc.gov.au/docs/vic_gas/war ... rrant0.htm.

When a seller sells goods they must fit four criteria, which are explained on the site. The goods are to be merchantable quality, fit for the purpose; match description or sample and free from defects.

TCA taint is a manufacturing defect, it enters the wine as part of the manufacturing process. As such you are entitled to Satisfactory Refund or Exchange. This Refund and Exchange also includes the seller paying shipping costs for the product being exchanged.

While the winery says “"It is not our policy to replace corked wines" the provisions of the Trade Practices Act override that. The seller cannot limit liability by policy. It’s worth noting that according to the ACCC website “Manufacturers that mislead consumers about their warranty rights risk penalties of up to $200 000 for companies and $40 000 for individuals.” Note also that they can’t be pinged for stating that is the policy; only if they actually apply the policy (there’s a distinction here).

According to your post the owner is prepared to replace a bottle but place heavy conditions on the refund in forcing you to buy an additional case.

They cannot do that.

You are entitled to a replacement bottle sent to you to replace the faulty, tainted, bottle you experienced, or refund of the fair value of the product. That’s it.

The ACCC site provides information as to subsequent actions to take if the company continues to refuse to replace the bottle, or place unfair conditions on that replacement.

michel · Post by **michel** » Sat Sep 06, 2003 12:46 pm

Thanks Murray for your assistance
I will keep everyone informed
michel

michel · Post by **michel** » Sun Sep 07, 2003 11:11 am

I have composed a letter and am indebted to Murray for his support and assistance and will let you know regarding Freycinet Vineyard's response.
They are a family run vineyard now managed by Claudio Radenti and Lindy Bull.

michel

tom · Post by **tom** » Sun Sep 07, 2003 10:09 pm

Michel,

I find your experience eerily similar to mine. I had a seriously corked (must've been if I could pick it!) Freycinet Pinot '98 a few months back. This was the first I had tried of a 1/2 doz I'd bought from the mailing list.

The winery's representative was confused why I would call about a corked wine and then said they did not refund/replace corked wines but that the winemaker will call me back. Alas no further was heard from Freycinet.

I can definitively say that Freycinet has lost my business - its amazing how little $50 buys you nowadays....

Tom

michel · Post by **michel** » Mon Sep 08, 2003 7:51 am

Yep
they promised to have Claudio Radenti call me and twice failed to do so. An exercise in poor customer relations I would suggest. The bit that really upset me was the blatant disinterest in resolving situation by Lindy Bull whom I had to ring and track down.

They also have a consistent policy of refusing to replace defective product which clearly contravenes the Trade Practice Act.

This is not over yet.
:shock:

michel

Murray · Post by **Murray** » Mon Sep 08, 2003 8:05 am

Tom,

If you have any documentation related to your query you can still follow it up.

The Trade Practices Act places no time limit on claiming refund or exchange, other than legal expiration limits; only that the consumer notifies the seller of the fault within a reasonable space of time after the fault is identified.

Murray

Murray · Post by **Murray** » Mon Sep 08, 2003 8:27 am

Reading tom's post again,

That's two separate bottles of 1998 Freycinet Pinot Noir shown to be tainted.

Let's trust there's not a trend here.

tom · Post by **tom** » Mon Sep 08, 2003 9:56 am

Hi Murray,

unfortunately, no documentation - it was a single phone call a few months back so it ends up being my word against theirs.

I will take your advice if I encounter any further cork taint from the rest of the batch.

Cheers, tom

PeterP · Post by **PeterP** » Wed Sep 10, 2003 1:57 pm

Michel,

I am interested to see how you go with your complaint. I have had the same experience myself with Freycinet - I spent over $65 for one bottle of 2001 pinot which was TCA affected and the response was in effect "bad luck and why not buy another and try again"!!! I ended up discussions saying I would never ever buy any Freycinet wines again and would tell anyone who would listen not to support them either.

On reflection I probably should have returned it to the retailer from where I originally purchased it. Might have had a better response.

Peter

Mark P · Post by **Mark P** » Wed Sep 10, 2003 2:33 pm

I'm starting to really worry here, I've got bottles of this in my cellar and am wondering whether I should be opening them to check, giving them away, dumping them at auction.... :cry:

michel · Post by **michel** » Wed Sep 10, 2003 3:29 pm

Peter and Mark,
this is a worry.
Here we have a company whom appears to flouting the Trade Practices Act.
I wonder how retailers feel if they sell Freycinet products and the consumer gets a defective product- do they seriously tell customers "buy another you may be more lucky this time".
Dont forget this is not a cheap wine and the 2001 was the Penguin Wine Guide Pinot Noir of the Year.
Peter - you still may have a case. Watch this space and I will keep you informed.
After three phone calls and one email with links to Auswine and StarForum and to the Trade Practices Act - Freycinet have deemed it appropriate NOT to respond in an appropriate manner.
I will email and fax them again on Friday and if they dont respond appropriately then I will contact ACCC and Consumer Affairs. Hopefully the wine scribes will pick up on this as this affects all consumers.
regards
michel

Ben · Post by **Ben** » Thu Sep 11, 2003 12:51 pm

Michel,

I have followed your saga both hear and via another forum and must admit I had no idea we had any potential protection under the Trade Practises Act for corked wine. In fact I thought it was just an accepted part of life that some wines you opened would be TCA affected....this has opened really opened my eyes.

Does anyone know if the same protection could apply to wines made outside Australia?

Good luck with the fight!

Ben

TORB · Post by **TORB** » Thu Sep 11, 2003 1:45 pm

Ben wrote:Michel,

Does anyone know if the same protection could apply to wines made outside Australia?
Ben

Ben,

As long as the wine is bought in Australia then it is covered by the TPA and its up to the retailer or distributor to replace the TCA affected wine.

michel · Post by **michel** » Thu Sep 11, 2003 2:45 pm

Ben[/quote]

and its up to the retailer or distributor to replace the TCA affected wine.[/quote]

Ric
Under the terms of the act arent they responsible to replace the item?
Its not discretionary if they wish to obey the act or not.
What is your take on it?

michel

TORB · Post by **TORB** » Thu Sep 11, 2003 5:15 pm

Discretion is not an option. The only way you can get around it is if you disclose it prior to the sale taking place.

For example if at the time of sale you sell the goods at 50% off because it has a scratched label the purchaser cant come back later and claim they want a refund because the label is not pretty. However even in those circumstances if the wine is corked the purchaser is entitled to a refund.

If the goods are reduced and the purchaser is told "this wine has been reduced by 50% because of a dodgie batch of corks and it may not be drinkable then the replacement option is not there, but thats just about the only case.

Retailers signs do not override the TPA and the consumers rights. For example the signs up outside car parks that resolve them from everything are not binding. Eg if a car park employee smashes into your car when parking another one the car park can not point to the sign and say tough!

The TPA still applies no matter what the sign says.

SueNZ · Post by **SueNZ** » Fri Sep 12, 2003 4:59 am

michel wrote:I will keep everyone up to speed as this saga progresses.
I want to pull their wings off.
michel

Hi Michel,
I hope you will keep us up-to-date on this forum as well as others. I wasn't aware it was being discussed in so much detail on WineStar until I saw the link on WLDG.

Actually, the international input on WLDG is quite interesting.
http://www.myspeakerscorner.com/forum/index.phtml?fn=1&tid=44630&mid=374702

The knock-on effects of Freycinet's attitude and the ensuing international forum discussions are going to be interesting. It is also interesting that a retailer has contacted you and is now worried whether he can sell the Freycinet wine that has just arrived in his store.

Fortunately the wine is not available in NZ AFAIK and I doubt a distribtor will want to pick it up if Freycinet have a 'tough luck' attitude to corked wines.

Give me a screwcap any day.

Cheers,
Sue

Cheers Sue
----------------------------------
So many forums, so little time

michel · Post by **michel** » Fri Sep 12, 2003 8:28 am

Good to hear fro you Sue,

Just to let all know.

I have re emailed Freycinet and faxed asking for a timely relolution.

Fingers crossed.
thanks for your support.

michel

TORB · Post by **TORB** » Fri Sep 12, 2003 8:40 am

michel wrote:I have re emailed Freycinet and faxed asking for a timely resolution.

Fingers crossed.
michel

Michel,

Batten down the hatches, pull up the drawbridge, man the ramparts, the enemy - those pesky bloody consumers are storming the ramparts of the Tasweigan castle. Oh, and the proprietors of the castle should also not forget the Ostrich theory, that works really well too!

You will need to cross more than your fingers; I am willing to bet they have dug in and wont give in and will need to dragged in front of a Consumer Claims Tribunal and/or get some please explain letter from the ACCC.

The only problem with the Ostrich Theory is that your arse is in exposed for all to see.

tom · Post by **tom** » Fri Sep 12, 2003 11:08 am

Hi All,

FYI - I sent off an email to Freycinet last night about my own experiences and those discussed in this and other wine forums. In it I expressed my concerns at their apparent attitude about corked wine. I concluded by saying I'd be more than happy to be taken off their mailing list.

I was surprised to have just received a call from the winemaker, Claudio Radenti. I must say he was very reasonable to talk to.

He was at pains to stress that Freycinet definitely had a policy of exchanging bottles of corked wine, as long as they received the faulty bottle back as proof (at their expense).

Claudio feels that the winery has been misquoted and that the issue has been blown out of proportion (I'm sure Michel feels otherwise).

He said that he had not been made aware of the previous communication I had with the winery previously regarding a corked '98 PN and that in future if I arrange to have any further corked bottles sent to the winery, replacement will follow. One good thing, I guess is that they have become increasingly disenchanted with cork (no small contribution from fora like these I reckon).

Anyway, it was gratifying to speak to him and get his take on things. I'm still out of pocket a bottle of 98 Pinot though...

Michel, have you spoken to Claudio or have you only had contact with Lindy Bull? It may be worthwhile to drop Claudio a line, particularly if you still have the off bottle.

Tom

PeterP · Post by **PeterP** » Fri Sep 12, 2003 11:29 am

Tom - now that is very interesting. When I offered to return the corked wine that I had, Claudio was not interested one bit. I even gave him detailed tasting notes of the Freycinet pinot compared to Hallidays notes.

I am thinking that this guy is starting to feel the heat and is trying to squirm his way out of it. I am certainly out of pocket ($65) as I have not kept the bottle (opened the bottle in Jan) - although I did keep it for over a month while I was corresponding with him.

Peter

tom · Post by **tom** » Fri Sep 12, 2003 12:15 pm

Hi Peter,

it is as you say "very interesting" in light of your communication with Claudio. If that is the case, then its great to see how a community like this can influence and indeed change practice/attitudes of the industry.

Cheers, Tom

michel · Post by **michel** » Fri Sep 12, 2003 12:37 pm

Dear All,

Facts

I have the cork tainted bottle in possession.
Two phone calls were not returned and both times the person said they will return the call after talking to Claudio.
I spoke personally to Lindy and she was not interested in obtaining the offending bottle.
The issue was not if the bottle is tainted or not
She clearly stated to me at least three times after vigorous questioning "our policy is not to replace corked wine-If we make an exception for you then we will have to do it for everyone"
They have my email, phone, address and have not made any effort to communicate to me
I invite her response in written or email or fax only.
I will take phone calls but ask for any undertaking in writing.
regards
michel

Craig · Post by **Craig** » Fri Sep 12, 2003 12:54 pm

He was at pains to stress that Freycinet definitely had a policy of exchanging bottles of corked wine, as long as they received the faulty bottle back as proof (at their expense).

Did he mention when this policy started and if it was always in why the co-owner did not know about it? :oops:

(See Michel's initial post)

Claudio feels that the winery has been misquoted and that the issue has been blown out of proportion

Not taking issue with you Tom, but what else was he going to say? :oops:

Something fishy here.

TORB · Post by **TORB** » Fri Sep 12, 2003 2:02 pm

Craig wrote:
Claudio feels that the winery has been misquoted and that the issue has been blown out of proportion

Not taking issue with you Tom, but what else was he going to say?

Something fishy here.

Sounds like political double speak. All they have to say is "sorry, we realise we are wrong and will fix it." The fact that despite the hot excrement having hit the cooling implement located in the ceiling, they have not contacted Michel.

Fishy indeed!!

tom · Post by **tom** » Fri Sep 12, 2003 2:30 pm

Not taking issue with you Tom, but what else was he going to say?

Something fishy here.

Agreed Craig. Claudio said that that was always their policy - this is certainly incongruent with my experience and others of the board.

However, I did not expect a reply and under the circumstances, a chat to the winemaker was about the best I could expect (having thrown the bad bottle away months ago).

I'm not going to read between the lines of what he said. Just thought the content of what he said might contribute to some more lively discussion here.

Cheers, Tom

michel · Post by **michel** » Fri Sep 12, 2003 7:05 pm

Geoffrey Bull contacted me just now and said he will replace or refund monies upon receipt of the bottle - he declined to put this is writing.
He said " our policy is to replace any wine the customer is not happy with"
He declined to discuss the issue of TCA. Anyone else with a problem should contact Geoffrey Bull .
more details (sorry Gavin) on StarForum.
talk soon as my wife is calling me for dinner
michel

michel · Post by **michel** » Fri Sep 12, 2003 7:06 pm

Geoffrey Bull contacted me just now and said he will replace or refund monies upon receipt of the bottle - he declined to put this is writing.
He said " our policy is to replace any wine the customer is not happy with"
He declined to discuss the issue of TCA. Anyone else with a problem should contact Geoffrey Bull .
more details (sorry Gavin) on StarForum.
talk soon as my wife is calling me for dinner
michel

michel · Post by **michel** » Fri Sep 12, 2003 7:06 pm

Geoffrey Bull contacted me just now and said he will replace or refund monies upon receipt of the bottle - he declined to put this is writing.
He said " our policy is to replace any wine the customer is not happy with"
He declined to discuss the issue of TCA. Anyone else with a problem should contact Geoffrey Bull .
more details (sorry Gavin) on StarForum.
talk soon as my wife is calling me for dinner
michel

The Auswine Forum

Freycinet refuses to replace "corked wine"!!!!!

Freycinet refuses to replace "corked wine"!!!!!

Freycinet Pinot

Trade Practices

Re: Trade Practices

Re: Trade Practices

Freycinet