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Alesmith BA Kopi Luwak and BA Decadence 2011 Bottle Sale

Discussion in 'US - Pacific' started by HaveUSeenMyCellar, Feb 14, 2013.

  1. mrkrispy

    mrkrispy Savant (410) California Apr 5, 2006

    From my link:
    "Some companies may limit exchanges or returns for credit or refunds on all, or some products. Some may not allow exchanges or returns for credit or refunds at all. But whatever the limitation, it must be conspicuously disclosed. Before making a purchase, carefully check the store's policy."


    If you buy a ticketmaster ticket but don't go to the show, they don't have to give you a refund. Same concept.
    Personally, I think the "no refund if you don't pick up your bottle in time" is kinda bullshit; but that is their policy and they clearly spell it out and it seems to be legal. I haven't missed a pickup though so I don't know how they are handling it for most people...maybe they are giving refunds for now.
     
  2. rrryanc

    rrryanc Savant (400) California May 19, 2006

    But it's not a return - you never got your goods in the first place. And it's not an event - I think you'd have to stretch really, really hard to get to that definition. That's the only exception to the gift card law:
    So there's a case there, I'll grant you. But given how conservative breweries are with stuff like growlers, do you really think they'd push it?

    In any case, I think Alesmith will give refunds. If you can get ahold of them. And are willing to watch your CC afterward to make sure it actually happened.
     
  3. jtmartino

    jtmartino Savant (470) California Dec 11, 2010

    They told me give me a refund...it just hasn't happened yet.

    And I'm not entirely sure the sale of goods is the same as tickets to an event, although they are trying to bill it as such. There was no pickup deadline on the tickets themselves, so per the law the "specific times" are a bit ambiguous, since the tickets have a Nov 05 date on them.
     
  4. mrkrispy

    mrkrispy Savant (410) California Apr 5, 2006

    returns and refunds are not mutually exclusive. Intangible goods are still completely acceptable sales items by law. And Alesmith is telling people they will not be giving refunds, although they could very likely be doing that.

    It sucks you even have to worry about it, I guess it is the only downside to their ticket setup - which is still years ahead of the way most breweries are doing releases.
     
  5. I was about to play devil's advocate and respond to mr.krispy's post (a good informative one) the same way you did. . .

    Both are proper arguments to make depending on if your client is consumer or Alesmith. You're thinking like a real lawyer. Seek help.

    My personal philosophy is that you knew the terms of sale when you entered into the agreement, so too bad so sad if you chose not to abide by them. But the jurisdiction is California, so that type of 'freedom of contract' won't be tolerated. So while I personally disagree, I think CA courts (esp. 9th circuit) would find in favor of the consumer who a) can't read or b) can't perform his end of the deal.
     
    Brewzer1010 likes this.
  6. riko

    riko Savant (280) California Jan 18, 2008

    Legal questions aside, it seems simple to me: If you can't pick up your bottles during the two-month window they give, you shouldn't buy them.
     
    KaslD, shuajw, Brewzer1010 and 3 others like this.
  7. rrryanc

    rrryanc Savant (400) California May 19, 2006

    That's simple until you get stuck at the airport, a close relative dies, your work sends you out of town, you lose your job, etc.

    I can assure you that I meant to pick up my bottles of BA Decadence. 95% confidence that I'd make it to the brewery. I'd far rather have the bottles than the money. But shit happens, and it's an awful nice customer service gesture to refund the money when it does (which they did, but not till I called them out on BA - my email was completely ignored).

    At some point, a brewery is going to figure out good beer in multiple styles, a good release/distribution system for those of us with more open than average checkbooks and good customer service. When they do, they're going to capture a ridiculous percentage of my annual beer budget.
     
  8. rrryanc

    rrryanc Savant (400) California May 19, 2006

    I'm dating one, and my brother is in law school as well. I think it's starting to rub off.
     
  9. jpeck13

    jpeck13 Aficionado (150) California Apr 28, 2011

    I want these in my mouth.
     
  10. MacNCheese

    MacNCheese Initiate (0) California Dec 10, 2011

    Don't you have 2+ months to go pick it up? WTF? How hard is that? If I die and am in heaven will the brewery pour my bottles on my grave for me? Shitty customer service if they don't.

    It is my dearest hope all the hard working people at any brewery can figure out a way to cater to you.
     
    JustXBeer likes this.
  11. Have you actually tried talking to them about what you weren't able to pick up, rryanc?

    I'm pretty sure, really sure, that the money ain't gone. You got there, or you didn't. But if you didn't, you'll get credit.
     
  12. rrryanc

    rrryanc Savant (400) California May 19, 2006

    jtmarino's the one that's not gotten any response. I did get my money back, but only after a forum post and an ignored email, as I've stated multiple times in the thread:
     
  13. <Substitute gif. of guy pourin' out a 40oz in a cemetary for his homies to avoid ban hammer>
     
  14. rrryanc

    rrryanc Savant (400) California May 19, 2006

    2 months used to be a ton of time. Now that I'm often out of country for a week or two a month for work, with often less than a week's notice - plus being plenty busy when I'm actually at home, it's a much smaller amount of time. Like I said, I don't think I'll make it down to SD before April - and thus I'm not buying any bottles.

    The warning (originally from jtmartino), was that if you're at a 95% likelihood that you're going to get the bottles, be aware that customer service from Alesmith is nearly non-existent if that 5% unfortunate situation pops up. Do you not think that's a fair warning to folks?

    All I need is one. You know, because they provide consumer goods and all. Why are you guys so apologist for shitty customer service?? It's not like Alesmith is a brand new brewery working out the kinks. Having someone respond to emails is too much to ask for these days?
     
    jtmartino likes this.
  15. They're probably making it a PITA so people are less inclined to seek refunds, bc its prolly a slight PITA to them as well.
     
  16. Azrael

    Azrael Initiate (0) Jan 9, 2013

    Is there a high asshole quotient in San Diego, or something?
     
  17. To those questioning Alesmith's customer service: It's horrible.

    They double charged me for BA Decadence back in August and it took me until November to get a refund. There was an email exchange of about 20 messages with a certain person who works there who said they couldn't refund my money through PayPal and that a "check was in the mail" *four* times. Finally, when I threatened to report them to the BBB and PayPal, my account was magically refunded.

    Then some shit went down during the the BA Speedway pickup. I'll keep buying their beer because their BA stuff is so good, but I really hope that someone sees this and makes an initiative to improve their CS. It took months of calling, emailing, and finally threats to resolve something that could have been taken care of in minutes.
     
  18. MacNCheese

    MacNCheese Initiate (0) California Dec 10, 2011

    If you can't 100% pick it up in 2+ months, don't buy it. If you're lazy and don't pick it up when you can, then that's on you. They have pretty much the best system in place right now to avoid lines and clusterfucks.

    2 months is the same amount of time as it's always been. They shouldn't have to change their entire program because 1 customer gambled he'd be in town for work and it got canceled. Regardless of how 'deep' your 'checkbook' is. Nobody cares about your story because you're coming off as an entitled dbag. You gambled that your work would send you to SD. They didn't, so now you caused more headache for the brewery. Sucks it took awhile to get your cash refunded but it clearly states you gotta show.
     
  19. rrryanc

    rrryanc Savant (400) California May 19, 2006

    What's with folks on BA failing to have the slightest ability at reading comprehension? Is it just that everyone's drunk while posting?

    A) I'm not the only one that has an issue with customer service at Alesmith. It's making me less likely to recommend them or buy their beers. I'd let them know that directly, but they're fucking hard to get ahold of.
    B) I didn't make the checkbook comment as a threat. I'm just saying that there's a market out there that breweries are almost hitting but aren't quite. The Bruery is the closest, but their customer interactions have been, interesting, lately.
    C) I got my money back, though it wasn't through stellar customer service.
    D) I don't think their "program" is legal in the state of CA. Period.
    E) I caused far less headache than disputing the claim on my credit card.
    F) Why am I a douchebag for wanting the brewery to have reasonable enough customer service to respond to my email? Clearly, from the other responses in the thread, I'm not an anomaly here. Why is that so much to fucking ask for?
    G) No one is going to be 100%, that's a ridiculous statement to make.

    Anyway, once again I've gotten sucked into a thread way past where I should have. I'm done, though happy to continue through PMs or email if you really want to.
     
  20. Who called you a doucebag, rrryanc?
     
  21. If I was Alesmith I would tell anyone looking for a refund after 2 months to F off.

    Classic First World problem; I can't travel to San Diego to pick up my $30 specialty release beer. Boo hoo.

    As far as I am concerned, you stole the opportunity for some other client to buy the beer under normal circumstances.
     
  22. KaslD

    KaslD Initiate (0) California Nov 25, 2012

    Great thing is they sell the beer after its been seized to locals! Bwahahahaha.
     
    MCorrea and domtronzero like this.
  23. I'm listening...
     
  24. So am I. I guess I'm not a "local" after all.
     
    jp7161 likes this.
  25. So how many of these have already been pre-traded?
     
    ehammond1 likes this.
  26. Just remembered these go on sale in 12 minutes. Good luck!
     
  27. SDDanC

    SDDanC Initiate (0) California Mar 1, 2011

    Sold out.
     
  28. tyrsis

    tyrsis Savant (390) California Mar 13, 2009

    Bullllllllllllllllshit
     
  29. Waldomega

    Waldomega Aficionado (105) Nevada Jan 15, 2013

  30. mrkrispy

    mrkrispy Savant (410) California Apr 5, 2006

    lmao
     
    domtronzero likes this.
  31. crusian

    crusian Advocate (620) Oregon May 14, 2010

    yeah, something not right here... hit refresh every 1/2 second, went from not on sale to sale ended.
     
  32. robL

    robL Savant (260) California Oct 22, 2010

    WTF?!?! I refreshed my browser every minute from 1145-1200pm and it never goes live. Then, at 12:01pm is comes up as SALES ENDED?!?!

    What did they release? Like a dozen bottles of each???
     
  33. Brown Paper Tickets SNAFU, give it about three minutes to resolve. Thanks
     
  34. domtronzero

    domtronzero Initiate (0) California Aug 18, 2007

    Here we go...
     
    mrkrispy likes this.
  35. are any of them worth getting?
     
  36. domtronzero

    domtronzero Initiate (0) California Aug 18, 2007

    Done and done. Jebus I was freaking out there for a second :)
     
    kristalynn, mrkrispy and Brewzer1010 like this.
  37. tyrsis

    tyrsis Savant (390) California Mar 13, 2009

    Boom, ordered.
    God I love this system.
     
    corby112 and StarRaptor like this.
  38. tried to order online but they didn't have any reuben's so I passed.
     
    StarRaptor, ehammond1 and MarkIntihar like this.
  39. CoolEthan

    CoolEthan Savant (430) California Jan 9, 2013

    It's working now.
     

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