Can I get a refund for corked wine bought in France?

Reader question: We recently bought our favourite wine from a supermarket to find out it was corked, then from a local wine merchant to find the same thing. The supermarket offered us store credit, the wine merchant nothing. What are our rights? Do we need to contact the vineyard?

Wine, as a consumer good, is covered by the same rights as any other commodity you can buy. 

This means that buyers can invoke the garantie légale pour défaut de conformité (legal warranty) if it is faulty upon opening it – including if it has been corked. 

This is a two-year warranty that applies from the date of sale, so will not cover wines that are cellared by the buyer (also, after six months the burden of proof that the product was faulty at purchase lies with the buyer).

Older wines that have been cellared are also covered through the garantie des vices cachés, against hidden defects (as the wine will not have been opened before the date you realise it is corked, you are covered by this). 

Both of these rights allow you to return the wine to the seller, provided it is a professional vendor – including supermarkets and wine merchants – and you bought the wine as an individual and not as a company. 

Complaints should be made to the seller and not the producer, so there should be no need to contract the vineyard.

You should be able to obtain a full refund if you return the wine, or a partial refund if you keep it.

Exact criteria will depend on the place of purchase, but for a refund will usually require you writing a letter with acknowledgement of receipt (lettre recommandée avec avis de réception) asking for a refund and enclosing your initial receipt.

Hard to prove 

One of the difficulties however is that whether a wine is ‘corked’ can be subjective to taste, unlike for example an electronic gadget which simply does not work. 

While many sellers will be happy to accept your complaint, some will not, and even if you bring the wine back for them to try, may insist that it is not corked. 

If a store refuses to refund you, you can attempt to find a solution through a commercial mediator, but again proof that the wine was faulty upon opening can be difficult to prove.

Written statements by others present may help, but there is no guarantee that even with a mediator’s help you will be able to obtain a full refund.

Going to a mediator may be worth the time and effort for expensive bottles, but for lower bottles (including most purchased at supermarkets), if the seller is obstinate in their refusal to refund you, the best course of action may be to simply cut your losses and inform others not to shop there for wine.