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Your email address will not be published.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 *

Subscribe to our newsletters

Job vacancies

Brand Ambassador – Santa Rita Estates

Santa Rita Estates
London or Hertfordshire but with flexibility to travel, UK

Sales Executive - Wine and Spirits Awards

The Drinks Business
Central London, UK

On-Trade Channel Manager

Delegat Europe Limited (UK)
London / Midlands, GB

Trade Marketing Analyst

Delegat Europe (UK)
London, GB

Key Account Executive

Delegat Europe Limited (UK)
London / Midlands, GB

Senior National Account Manager

Conviviality
London, UK

ON-TRADE Sales Executive

Roberson Wine
London, UK

OFF-TRADE Sales Executive

Roberson Wine
London, UK

Judging Week Runners

Decanter World Wine Awards
ExCel Centre, London E16, UK

Sales Administrator

Les Caves de Pyrène
Guildford, UK

Retail Commercial Executive

Laithwaite's Wine
Theale, Berkshire

Wine Buyer

Conviviality Plc
Crewe, UK

Sales Account Manager - On-Trade

Berkmann Wine Cellars
Liverpool

Sales Account Manager - On-Trade

Berkmann Wine Cellars
M3/M4 corridor

Media Sales Manager - Hong Kong

The Drinks Business Hong Kong
Hong Kong

The Global Merlot Masters 2017

Deadline : 31st March 2017

The Prosecco Masters 2017

Deadline : 10th March 2017

db Awards 2017

Deadline : 28th April 2017

The Global Organic Masters 2017

Deadline : 3rd March 2017

Click to view more

The Global Sparkling Masters

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

The Global Rosé Masters 2016

the drinks business is proud to announce the launch of the Global Rosé Masters 2016.

The Prosecco Masters 2016

Now in its third year, the competition will reflect the growth in popularity of this fresh and exciting sparkling wine from the picturesque regions of Veneto and Friuli.

The Global Pinot Noir Masters 2016

After the success of last year’s competition that judged over 250 wines from no less than 16 countries, the drinks business is proud to announce the third year of the Global Pinot Noir Masters

Click to view more