Returning an oxidized bottle?

Recently ordered 4 bottles of '96 J.B. Becker Riesling from an NYC shop.

Opened the first bottle about 1 week after purchase, and was completely oxidized. Wine was a dark brown and tasted like sherry.

Subsequent bottles are sound. Totally delicious.

I emailed the retailer re: the oxidized bottle, received no response, followed up a week later, still no response.

The retailer’s terms admittedly say clearly no refunds or exchanges on any bottles >7 years of age, and it’s admittedly on me for not reading that ahead of time.

But AFAIK these are recent(ish?) releases- Certainly the labels seem clean and new, not some kind of acquisition from a private collection.

Is it normal for the consumer to eat the loss in this situation?

Thanks in advance,

Usually the distributor replaces them through the retailer.

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Have you tried calling the store and dealing with someone directly?

I find that most of the time, with a situation like that it is easier (and faster) to speak to someone directly. Had a similar issue with a retailer a few years back with a faulty new release Rioja, bottle older than their stated return policy, but a brand new release, which was promptly replaced by the retailer.

If the retailer continues to be unresponsive, it might also be worth contacting the distributor as Andrew suggested.

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Most places in Minneapolis will take back bottles. Those that have given me a hard time I won’t buy from them. As a consumer we should never eat the cost of a bad bottle through retail. Auctions should split the difference as long as you are a regular buyer. Even perfect storage could have issues with random bottles.

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I know the local reps. Locally, Southern, Republic, Vintner Select, nor Van Guard will take back bottles over seven (7) years old. LWS has a huge sign saying such. No returns on those older wines.

If one is a budget spending customer the store will bend the rules and eat it if more than half the bottle remains.

The wine mgr also tells me of the fabulous bottles he has taken home because someone has said the wine was “ off”. Never argue, but allow them to take a replacement.Fir some suggesting a wine needs decanting is like telling them their baby is ugly. Decanting is verboten.

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Call the store and ask for a refund or replacement. How they handle this should indicate whether they appreciate your business. Not responding to an email is already a bad sign.

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A 25 year old bottle is most likely from a cellar consignment not a distributor so there is no recourse for the store hence the Caveat Emptor warning from the seller.

What Yaacov said. Lots of stores sell consignment wines, and most of them would rather make you whole regardless of their stated policy. I hope they respond, and you should definitely call.

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…and this is relevant to NY how?

Thanks everyone- Finally got on the phone w/ someone at the store, and we agreed on store credit for the price of the bottle. It was an easy discussion- they were great, didn’t have to argue at all. It’s not an expensive bottle, but wanted to get this sorted before I make any expensive purchases with them.

FWIW, I don’t think it’s a consignment or a secondary acquisition. Vom Boden (importer) lists a bunch of older Becker vintages, and at least one other NYC shop has this specific '96. Pretty sure it’s a recent release.

And it certainly doesn’t just need a decant. Tasted blind it would pass for (bad) sherry.

Anyway. All’s well that ends well, and I’ll certainly buy more from this retailer. Really appreciate everyone’s input.

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well done. given the expected outcome, it would be worthy to mention the store as they do indeed deserve your/our business.

edit: importantly, Stephen Bitterolf (founder of VB) is a terrific guy and i would expect him to make it right with the retailer as well.

Sure thing- it was Crush Wine + Spirits, in Midtown Manhattan.

I did not want to mention them initially, in case my issue wasn’t resolved. But all turned out well, and I will certainly buy more from them.

once had a few wine geeks over to my backyard about 10 years ago. While opening bottle number 15 I dropped it and it broke. Went to throw it away the broken bottle when a geek stopped me. HE worked at my LWS informed me of their policy. Went in the next day told them I dropped this bottle while opening it. They grabbed a current release (was a napanook iirc) and handed it to me. Insane. Never hurts to ask.

Vom Boden is great. Crush is great. I’m glad this all worked out so well.