Customer who ‘didn’t like wine’ loses case

8th April, 2014 by Lauren Eads

A Manhattan judge has dismissed a lawsuit filed against a wine store and its owner by a customer who bought a number of wines he “didn’t like”.

Wine figuresPhilip Seldon bought six $12.99 bottles of a 2009 Rioja Crianza after receiving an email promotion from New York-based wine store, Grapes: The Wine Company, in which staff said they had been “very impressed” with the wine and highlighted its 91 rating by Robert Parker, according to a report by The New York Law Journal.

After deciding that he didn’t like the wine, Seldon demanded a refund but when the store’s owner, Daniel Posner, refused, Seldon attempted to revoke the charge with American Express.

Soon after Seldon sent the store an email informing them of his plans to sue explaining he had, “nothing better to do with my life”, according to the Journal.

Dismissing the case Civil Court Judge David Cohen said: “When the wine did not measure up to his subjective tastes, he decided that the wine was not as advertised.

“However, plaintiff has not demonstrated at even the minimum prima facie level that any deception took place, that there was any falsity or anything other than plaintiff’s assumptions were incorrect.”

Seldon said he was planing to appeal the decision.

Grapes The Wine Company was founded in 1997 with the intention of “making the world´s greatest wines more accessible” and to “make the enjoyment of the finest and rarest wines an easy and pleasurable experience for all”, according to its website.

Leave a Reply

Your email address will not be published. Required fields are marked *

Please note that comments are subject to our posting guidelines in accordance with the Defamation Act 2013. Posts containing swear words, discrimination, offensive language and libellous or defamatory comments will not be approved.

Subscribe to our newsletters

Job vacancies

Sales Account Manager

Jascots Wine Merchants
London, UK

Marylebone Sales Manager

Philglas & Swiggot
Marylebone, London, UK

Area Sales Manager

Bon Coeur Fine Wines
North England, UK

Procurement Assistant – Wine

Adnams PLC
Southwold, UK

Account Manager Central London

Speciality Drinks Ltd
London, UK

Brand Ambassador

Speciality Drinks Ltd
London, UK

National Business Development Manager

Speciality Drinks Ltd
London, UK

Marketing Assistant

Hatch Mansfield
Ascot, Berkshire, UK

Marketing Manager

Bancroft Wines
London, UK

Regional Sales Manager – Scotland

Bancroft Wines
London, UK

Sales Manager – London On-Trade

Bancroft Wines
London, UK

Customer Service & Sales Support Executive

Jascots Wine Merchants
London, UK

Market Insight Analyst

Conviviality PLC
London, UK

Technical Manager

Enotria&Coe
Park Royal, London, GB

The Global Sparkling Masters 2017

Deadline : 25th August 2017

The Global Malbec Masters 2017

Deadline : 25th August 2017

Global Chardonnay Masters 2017

Deadline : 1st September 2017

The Global Sauvignon Blanc Masters 2017

Deadline : 1st September 2017

Click to view more

The Global Rosé Masters 2017

With wines from the palest of pink to almost ruby red, bone dry to almost cloyingly sweet, reductively handled to barrel-aged, as well as gently spritzy to fully sparkling.

The Global Organic Masters 2017

The drinks business is thrilled to announce the launch of The Global Organic Masters

The Drinks Business Awards 2017

Now in its 15th year, the db awards have become the most authoritative, internationally respected badge of achievement in the alcoholic drinks industry.

The Asian Cabernet Sauvignon Masters 2017

the drinks business Hong Kong announces its first year of The Asian Cabernet Sauvignon Masters.

Click to view more