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JAB Master Of Malts

Joined: 22 Jul 2009 Posts: 1231 Location: Glasgow
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Posted: Thu Feb 16, 2012 8:12 pm Post subject: Mctears |
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Received this email from Luc Timmermans, many of you might already no -
"Dear Whiskylover,
I just want to share my past experience I had with a purchase of rare whisky bottles from a well reputated Glasgow based Auction house called McTear's.
At their 7 December 2011 Whiskysales a few interesting lots pulled my attention and I decided to buy them. I was able to buy many interesting lots amongst which were LOTS number 695, 751 and 864. Here the details of the LOTS as described on the McTear's website including their respective pictures.
The description is clear, the photo's crystal clear. Nothing wrong right ? As you can clearly see, nothing wrong besides a little low filling level of one bottle. But the picture clearly showed the bottles are in a very good condition and very well sealed and the description is clear.
But here the real pictures of 3 bottles taken by my good friend who went to McTears to collect the lots.......
Yes, they are OPEN !!
Yes, they are OPEN !!
A few bottles were simply opened ?? Either by the auction house and or the previous owner. But this without any mention on the website and in the corresponding LOT description. At first I was very positive for the outcome....McTear's is a well reputated auction house, is it not ? They would of course settle this, no ?
So very big was my surprise to get this mail from Mr. Stephen McGinty - the auction house Whisky expert :
"Dear Mr Timmermans,
I refer to the above and to your recent e-mail and I can confirm that I have reviewed the information provided.
Following my enquiries I can confirm that all bottles are entered into the auction on the basis of "sold as seen"?. As such all bottles where the seal has been broken we will be unable to offer any refund for. We would be happy to enter the bottles into a future auction on your behalf. Let me know your thoughts on this.
Yours sincerely
Lisa Mitchell (on behalf of Stephen)
__________________________________________________
How sad is this ??
So just a little - or better a BIG - warning for you whiskylovers out there. Better ask for a solid written description before you start buying or bidding.
Fine whisky greetings,
Luc Timmermans"
So please Beware if buying online
John |
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jcarrick Master Of Malts

Joined: 18 Apr 2011 Posts: 951
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Posted: Thu Feb 16, 2012 9:03 pm Post subject: |
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| I dont think i would ever consider bidding at Mctears auction after reading this. |
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Alastair Master Of Malts

Joined: 13 Nov 2006 Posts: 1736 Location: Ayrshire - Scotland
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Posted: Thu Feb 16, 2012 10:32 pm Post subject: |
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Surely they must state that the seal has been broken in the listing, they surely cant hide behind "sold as seen" if the images online doesnt show the seal as having been broken. Not sure how the law would look at this but you would think this could pssibly be covered by the distance buying laws were you have the right to return it especially as the bottles were not accurately described.
The amazing thing is that Lisa Mitchell (on behalf of Stephen McGinty - the auction house Whisky expert ) says "We would be happy to enter the bottles into a future auction on your behalf. Let me know your thoughts on this." So McTears would be happy to do the same thing again to other buyers.
It appears to me that selling bottles with broken seals isnt unfamiliar to McTears, i will certainly steer clear of there auctions in future  |
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Genuine Risk Master Of Malts

Joined: 15 Feb 2012 Posts: 371 Location: SW Scotland
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Posted: Thu Feb 16, 2012 11:30 pm Post subject: |
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Have to admit it is a bit shody but the auction house are right. If you are going to be spending that kind of money and know what you are buying get an auction report on the item before hand then its there problem. _________________ Putting the func in dysfunctional. |
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Brummie Master Of Malts

Joined: 08 Feb 2010 Posts: 661
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Posted: Fri Feb 17, 2012 12:25 am Post subject: |
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I would have assumed that they would have rejected any bottle submitted for auction if the seal was broken. If the seal is broken it could be anything in the bottle making it worthless.
Not the greatest quality pics on the mctears website but the seals certainly look intact when they were taken and if they werent it should have been stated in the listing. |
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STUDOGG37 Triple Malt Member

Joined: 15 Aug 2010 Posts: 232 Location: CENTRAL SCOTLAND
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Posted: Fri Feb 17, 2012 8:28 am Post subject: |
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I have had a few minor issues with Mctears, getting charged for online bidding when I am not is the repeating one but nothing like Luc.
I went to pick up 2 bottles (£120 value) and they handed me an invoice for a £1000+ painting, I was too honest!
If you are an overseas buyer, if in doubt ask for a condition report but if they are putting pictures on the website that must have been altered, well stay clear. |
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Genuine Risk Master Of Malts

Joined: 15 Feb 2012 Posts: 371 Location: SW Scotland
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Posted: Fri Feb 17, 2012 9:04 am Post subject: |
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If they were fakes or topped up and you wanted to go to the hassle of proving it then you should get your monet.
Link to the letter has now been posted on whisky fun, very bad press for Mctears and auctions in general. _________________ Putting the func in dysfunctional. |
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nitram Double Malt Member

Joined: 27 Jan 2011 Posts: 149 Location: Scotland
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Posted: Fri Feb 17, 2012 12:19 pm Post subject: |
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| Did the buyer use a credit card? If so it might be worth chasing it up via that avenue... |
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JAB Master Of Malts

Joined: 22 Jul 2009 Posts: 1231 Location: Glasgow
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Posted: Fri Feb 17, 2012 12:37 pm Post subject: |
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Just read this on Facebook
"I would advise all to stay well clear of McT. I put 30 bottles in the last auction. McT published the catalogue without consulting with me regarding prices. I then set agreed fixed reserves on most bottles and it was made clear and agreed that these would not be subject to auctioneers discretion, the only exception being Sirius. They still went ahead and sold several bottles below the reserve. My reserves were in reality too low in the first place as I was partially governed by their stupid low estimates. 4 similar bottles have sold recently on Ebay since and on a simple comparison I would have been many £430 better off had I been able to take the bottles home and sold on Ebay. Who knows how much more I could have made elsewhere had I been able to rightly hold on to my bottles. McTears are now denying that any agreement existed. I have emails confirming what was agreed however and now looking for advice on what can be done to sort this matter out." |
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Carson Master Of Malts

Joined: 01 Jun 2009 Posts: 468
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Posted: Fri Feb 17, 2012 1:25 pm Post subject: |
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It doesnt look good for Mctears, i certainly wouldnt be bidding if there was a chance bottles had been opened and they have failed to mention it. Also looks like the sellers are not being treated well either.
You would think Mctears would have to respond to this as there whisky selling part of there business will surely be finished. |
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Keith Master Of Malts


Joined: 19 Dec 2006 Posts: 1533 Location: Scotland
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Posted: Fri Feb 17, 2012 1:53 pm Post subject: |
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The fact that some of the bottles Luc Timmermans bought were opened and they did not mention ii in the lot descriptions and it was not shown on the pictures of the bottles is totally unacceptable.
I would have assumed that Mctears does not accept any open bottles for auction under any circumstances but that does not appear to be the case. Either the bottles were opened after the pictures were taken or the pictures were taken in such a way the bottles appear to have the seal still intact. Either way Luc should not have to pay.
It also appears that when you have a problem with Mctears they dont care, it appears in both cases John has posted that there customer service is crap whether you are a buyer or a seller.
Mctears have a big problem and as you say Carson they really have to respond to this as the whisky selling part of there business will surely be finished and it could have a knock on effect on the other parts of their business. |
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William Administrator


Joined: 10 Apr 2006 Posts: 4057 Location: Scotland
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Posted: Fri Feb 17, 2012 2:13 pm Post subject: |
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I find it amazing that Lisa Mitchell on behalf of Stephen McGinty suggested to Luc that McTears would enter the opened bottles into another auction.
| Quote: | | We would be happy to enter the bottles into a future auction on your behalf |
No open bottle should ever be in a McTears auction _________________ There's no bad whisky. Just good whisky and better whisky. |
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William Administrator


Joined: 10 Apr 2006 Posts: 4057 Location: Scotland
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Posted: Fri Feb 17, 2012 2:17 pm Post subject: |
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This was posted on McTears facebook page by Brian Clements, McTears Managing Director:
| Quote: | McTear's aims to gain complete satisfaction with all our faithful Whisky buyers from all over the world and this is reflected in over £1 million of successful sales last year in this department alone. It is natural however that errors may occur in such a busy department and if we have made a mistake then it will be put right. Mr Zimmerman, please email me directly with all the details you have, including the condition report you were given, and I will take this up with the Whisky department today and ensure a satisfactory outcome for everyone. Regards, Brian Clements, Managing Director, email bwc@mctears.co.uk
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_________________ There's no bad whisky. Just good whisky and better whisky. |
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Cuba Master Of Malts

Joined: 10 Aug 2010 Posts: 296
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Posted: Fri Feb 17, 2012 3:13 pm Post subject: |
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| William wrote: | This was posted on McTears facebook page by Brian Clements, McTears Managing Director:
| Quote: | McTear's aims to gain complete satisfaction with all our faithful Whisky buyers from all over the world and this is reflected in over £1 million of successful sales last year in this department alone. It is natural however that errors may occur in such a busy department and if we have made a mistake then it will be put right. Mr Zimmerman, please email me directly with all the details you have, including the condition report you were given, and I will take this up with the Whisky department today and ensure a satisfactory outcome for everyone. Regards, Brian Clements, Managing Director, email bwc@mctears.co.uk
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| He didnt even get Lucs name correct.
Errors can occur but the fact that McTears offered to put the bottles in a future auction makes me think there was no error. |
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minesascotch Master Of Malts


Joined: 18 Nov 2011 Posts: 364 Location: Somerset England
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Posted: Fri Feb 17, 2012 3:28 pm Post subject: |
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I have never bought from an auction either in situ or over the net, I was considering using them (McTears) in the future as I have a few bottles worth selling, but I am amazed that they sell open bottles of whisky, who would buy one ? bottle collectors I suppose, I can not believe that they would also offer to resell either, they will need to ensure more than " a satisfactory outcome for everyone involved " for me to ever have anything to do with them in the future.
Slainte  |
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