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Are cork defects covered by the warranty?
The chemical substance trichloroanisole(TCA), which is produced by microorganisms such as moulds, is responsible for the so-called cork taint. If the cork is contaminated with TCA, the wine sealed with it develops a musty, mouldy smell and/or a dull, bitter taste. Over time, this makes it undrinkable.
Such a cork defect - i.e. the sensory impairment of a wine due to a damaged cork - constitutes a quality defect that falls under the warranty obligation. In Germany, material defects of this kind are regulated in Section 434 of the German Civil Code (BGB), and in such a case, the seller (i.e. the winegrower or retailer) is liable under warranty.
Nobody can escape this: The exclusion of a warranty for cork taint in the General Terms and Conditions (GTC) is legally invalid and can even be warned.
The legal situation is clear: in the event of a cork taint, the customer is entitled to subsequent fulfilment (delivery of a defect-free wine) or he can withdraw from the contract, reduce the purchase price or demand compensation for his damages or expenses (regulated in Germany in § 437 BGB). This means that a wine with a cork defect can either be replaced with a new bottle or a refund.
These regulations apply uniformly to bricks-and-mortar retailers as well as to online and mail-order retailers. However, it is much more difficult for the customer to prove the defect in online and mail order sales. In a shop - especially at the customer's place of residence - the customer can return a faulty wine and the retailer can see the cork taint for himself (it does not disappear, but usually becomes even stronger with contact with the air ).
In online or mail order sales, the customer would have to return the faulty wine (i.e. an opened bottle) in order to make a claim. However, as this seems impractical, many online wine merchants offer a goodwill arrangement whereby they will replace wine with cork taint or refund the purchase price even without concrete proof. However, this is only done in individual cases, i.e. for individual bottles. Experience has shown that winegrowers are also accommodating in this respect if the customer is unable to visit them to return a faulty wine.
In the catering trade, the warranty also applies to wines with cork defects - with the advantage for the customer that they can notice and complain about the cork taint before paying.
As with all faults and defects, the more calmly (but clearly) a cork taint is communicated, the more willing the retailer, winemaker or restaurateur will be to be accommodating. Cork defects can occur again and again despite major advances in the manufacturing industry - and the seller is not responsible for this.
Incidentally, this answer does not constitute legal advice and is no substitute for such advice. Nevertheless, the warranty question can be answered clearly.