Disclosing Import History

[Diddy]

Hi all,

Just wondering what you think of the situation where an auction house (Langtons) fails to disclose that a particular lot was originally imported into another country (Malaysia - as confirmed by import stickers), but doesn't include reference to that fact in either the item description or the photographs (slight glimpse of the top of the bottle, but is illegible to the naked eye).

My gut feel is this may constitute misleading or deceptive conduct as it relates to the omission of a material fact that may be relevant to the provenance and in turn quality of the wine.

It's worth pointing out that under Australian Consumer Law, the wine doesn't actually have to be faulty for an offence to have occurred.

What do you all think? Would your purchasing decision be impacted knowing the wine had started life in a tropical climate before making its way to Australia?

[rossmckay]

Hell yeah.

[TiggerK]

Yeah really annoying and misleading, the cynic in me is not surprised at yet another lapse in Langton's disclosure and ethics.

Contacting them would obv be the first step voicing your request/demand for a return and full refund/credit.

[Diddy]

Certainly will be firing off an email at some stage over the weekend. Turns out all 3 of the lots I purchased at their recent Italian themed auction are from the same source. Anyone else impacted?

[Diddy]

Interestingly this is the 3rd issue I've had in a row with them - first the false outbid notice (confirmed system error), then it was a mis-described bottle of Ridge Monte Bello that actually turned out to be their entry level wine on arrival. Both issues were addressed after a complaint, but certainly does point to systemic issues down that way.

[Ozzie W]

All known knowns should be disclosed by the auction house. If they didn't know that's a different story, but in this case it's blatantly obvious they did know. Seems that Langtons is now no different to a used-car salesman and should be treated as such. I've only ever purchased from them retail, but I've had enough issues to move them all the way to the bottom of my list and would only ever purchase from them as a last resort.

[Diq]

Being purchased through an Auction format would change what is actually required disclosure by the vendor wouldn't it? I know in most other formats Auction's are buyer beware and I assume the ACL wouldn't consider the omission to be misleading or deceptive under s18 unless they make a reasonable claim to its provenance which induced you into making the purchase?

Either way, no personal loss to you to make a complaint and potential gain if they allow you to return the wine.

[Ozzie W]

You're probably right about the legal requirements, Diq. But that doesn't make it right. I know of one auction house in particular that discloses the full provenance of each bottle when available and that's where all my auction business goes.

[Diddy]

Being purchased through an Auction format would change what is actually required disclosure by the vendor wouldn't it?

Not necessarily:-

https://www.accc.gov.au/consumers/onlin ... e-auctions

I'd also point out that the misleading and deceptive provisions may also apply to omissions as much as they do positive assertions.

[Diq]

Being purchased through an Auction format would change what is actually required disclosure by the vendor wouldn't it?

Not necessarily:-

https://www.accc.gov.au/consumers/onlin ... e-auctions

I'd also point out that the misleading and deceptive provisions may also apply to omissions as much as they do positive assertions.

The consumer guarantees (s54-S58 [the fitness for purpose etc.] I believe ?) don't apply to Auctions. Omission is far harder to prove than misleading and in this case may be hard as in this capacity isn't Langtons a third party who promote buyer beware? If the wine had listed cellar controlled in NSW from date of purchase direct from Winery and had these Malaysia stickers, that is misleading. Failing to provide a provenance claim, particularly one where they cannot verify exactly where the bottle has travelled and been stored since purchase (who knows where else it has been) would be hard to label an omission.

Sadly the Law is on their side in this one. I'd aim for a good will resolution with them. I personally avoid them like the plague for this very issue (that and I can never navigate their website to find what I am after). Some genuine bargains to be had with a fair few pitfalls along the way. If you had purchased the wine from their buy now section however i'd definitely agree that you'd have a good case for a refund under the ACL. Any chance you have opened a bottle and seen how the wine has held up?

[JamieBahrain]

Ouch !!! No Shame at Langtons?

Most premium wine with "professionally" claimed storage I've bought in Malaysia has been buggered with heat damage. I've spent up to $300USD a bottle. I was surprised at the extent of premium Aussie stuff which may be coming home? Noted in KL, Cameron Highlands, Penang on the Peninsula and Labuan, Sandakan and Kota Kinabalu on Borneo.

[Diddy]

Lengthy email has been sent to their Head of Auctions - will keep you posted on the outcome.