Categories
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.
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 §§ 434 ff. BGB). This means that a wine with a cork defect can either be replaced with a new bottle or the money refunded.
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 assert a claim. How to proceed in individual cases can be clarified in direct correspondence with the shop operator (be it a retailer or winegrower) by telephone or e-mail.
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.
Cork defects can occur again and again despite the great progress made by the manufacturing industry. Even if the seller himself is not responsible for this, he is obliged to honour the warranty.
Further information can be found in the following article in wein.plus magazine:
Legal tip: When wine corks
Note: Neither this answer nor the linked magazine article constitute legal advice and are no substitute for such advice.