Wife asked for Malibu and they gave a cheap alternative

Skivey

The wife came to me last night after a night out really annoyed that she went to a bar and asked for malibu and coke and they serverd her a cheap knock off.

When she asked them about it, they said that before midnight thats what they do and that it isnt illegal. The wife is a licensee and is pretty adamant that it comes under trade descriptions act, but the guy just basically said shes stupid and dont know what shes on about.

Can anyone shed some light on this? Is it or isnt it illegal for them to server her knock off malibu if she asks for it?

Just to add the cheap stuff wasnt in a Malibu bottle, it was in a bottle of its own.

Cheers

Matt

neilmcl

I'd contact Trading Standards.

Lifeforms

If you ask for a malibu and coke you should get a malibu and coke, if she asked for a coconut run and coke, then anything is fine. So she should definitely complain.

Most people probably wouldn't have noticed and they'll be charging for malibu, no matter the time, and giving a cheaper version.

tinkerbell28

They haven't committed an offence in the respect that, it was clearly in its own bottle. As long as it is not a fake version, they aren't pretending it is Malibu, then there is no problem there.

However what they should be doing, is if people ask for Malibu. They should be saying we have house coconut rum instead, is that ok?

As the they re giving the customer the choice, the choice to accept and clarify the price on the alternative.

So no it's not illegal, if they aren't hiding the bottle, decantering stuff into a malibu bottle, or using fake. Cheaper versions don't automatically mean knock off.

They should however clarify with a customer what they're buying when ordering by name.

arcon5

tinkerbell28 wrote: »

They haven't committed an offence in the respect that, it was clearly in its own bottle. As long as it is not a fake version, they aren't pretending it is Malibu, then there is no problem there.

However what they should be doing, is if people ask for Malibu. They should be saying we have house coconut rum instead, is that ok?

As the they re giving the customer the choice, the choice to accept and clarify the price on the alternative.

So no it's not illegal, if they aren't hiding the bottle, decantering stuff into a malibu bottle, or using fake. Cheaper versions don't automatically mean knock off.

They should however clarify with a customer what they're buying when ordering by name.

Don't be soft, op asked for product A and they was giving her product B. Had op not noticed it seems they wouldn't have even told her.

Certainly report it to TS op.

tinkerbell28

arcon5 wrote: »

Don't be soft, op asked for product A and they was giving her product B. Had op not noticed it seems they wouldn't have even told her.

Certainly report it to TS op.

I'm not being soft, it should be reported, I would. Doesn't mean anything illegal is going on and they're selling knock offs. They may just need an improvement in their "customer service".

SuperHan

I'm not sure there is anything wrong with this, just because it's common practice, and surely someone would have picked up on it before? (Obviously not conclusively indicative that it's within the law, before anyone says).

Did they have Malibu on show, or a menu saying Malibu was available. I drink Archers normally, but in most night clubs I will get a cheap peach schnapps, which never tastes as good. I don't complain though, because when I ask for an Archers, I really just want the closest approximation, or Archers if it's available.

If they had said we don't do Malibu, will coconut rum do, what would she have said?

I'm not sure it's trade descriptions as they didn't describe it as Malibu as such?

Contact TS by all means, but personally I don't know if you'll get very far. It would be intriguing to know though!

arcon5

tinkerbell28 wrote: »

I'm not being soft, it should be reported, I would. Doesn't mean anything illegal is going on and they're selling knock offs. They may just need an improvement in their "customer service".

Misrepresentation is an offence. Although it's highly unlikely police action would ever be involved - still doesn't make it right. And the practice certainly goes way beyond the category of 'poor customer service'.

tinkerbell28

arcon5 wrote: »

Misrepresentation is an offence. Although it's highly unlikely police action would ever be involved - still doesn't make it right. And the practice certainly goes way beyond the category of 'poor customer service'.

It isn't right. Which is why they should be saying. "It's house coconut rum, is that ok". Chances are that they will be told by ts, this is what they must do and no further action.

I very much doubt they are selling "knock off" booze like op describes.

paddyrg

It is called 'passing off' - customer asked for Malibu, should be served Malibu or told 'We have xyz which is similar, is that ok?'. I worked a bar that sold white rum who were incredibly strict that we did this every single time we were asked for Bacardi, and rightly so. Another place we had to had to correct the customer that we sold Pepsi, not Coke.

If nothing else, you could contact the brand owners Pernod Ricard telling them you asked for Malibu at the bar, and were disappointed by the flavour and that it seemed to come in the wrong bottle... I'm sure one of their local sales reps will help the bar manager to understand the implications ;-)

ETA - trading standards can fine upto £5000 for continued wilful breaches, but may be able to help 'retrain' the bar manager

Raksha

Similar to being asked if you want butter on baked potato or bacon roll, and then being given 'can't believe it's not butter'

Wrong