Bay Area Thread

[RyanG1]

Taco Hands IPA @ Cellarmaker next Monday (Tired Hands collabo).

http://www.cellarmakerbrewing.com/return-taco-hands-ipa-may-5th-closed-tasting-room-may-3rd/

 

[DOTU]

No. Posted price is not a contract offer it is an invitation to deal, you can take it to the register and it could be three times the price and unless there is straight malicious intent to defraud the consumer pretty sure they don't need to take a patron's **** for mislabeled items. Not binding.

You are correct, this practice is not illegal. They can simply refuse to sell you the item and put on a new, correct price sticker. City Beer uses the a UPC scanner and the price they will sell for is in their system. The checker did the right thing, and so did the purchaser -- he still wanted his gueuze at the higher amount so he paid it. End of story.

Here is an explanation from wiki answers -- not the greatest authority but it is accurate (even in California)

Do stores have to sell items on price on tag if it is wrong?

Answer:
No they don't. The first part of the contract between you and the retailer is your "offer" to buy the goods (at the incorrectly stated price). The second part is their "acceptance" of your offer in return for "consideration" (cash etc).

If they accept your offer and your payment then legally yes from this point on they have to let you have the goods you have paid for. However, if you offer to buy goods at the incorrect price and they realise they have marked the goods up incorrectly, they can simply refuse your offer to buy - perfectly legitimately. They can then mark them up at the correct price, and of course you are then free to make another offer to buy etc.

Many people mistakenly believe that if a retailer (online or not) marks something up at a particular price that they are offering to sell, and you are accepting their offer, hence the wrong price is binding. This is not the case - the retailer is (in legal terms) making an "invitation to treat" - in other words, inviting people to make an offer to buy, which s/he is free to accept or decline.

 

[dontdrinkbeer]

You are correct, this practice is not illegal. They can simply refuse to sell you the item and put on a new, correct price sticker. City Beer uses the a UPC scanner and the price they will sell for is in their system. The checker did the right thing, and so did the purchaser -- he still wanted his gueuze at the higher amount so he paid it. End of story.

Here is an explanation from wiki answers -- not the greatest authority but it is accurate (even in California)

Do stores have to sell items on price on tag if it is wrong?

Answer:
No they don't. The first part of the contract between you and the retailer is your "offer" to buy the goods (at the incorrectly stated price). The second part is their "acceptance" of your offer in return for "consideration" (cash etc).

If they accept your offer and your payment then legally yes from this point on they have to let you have the goods you have paid for. However, if you offer to buy goods at the incorrect price and they realise they have marked the goods up incorrectly, they can simply refuse your offer to buy - perfectly legitimately. They can then mark them up at the correct price, and of course you are then free to make another offer to buy etc.

Many people mistakenly believe that if a retailer (online or not) marks something up at a particular price that they are offering to sell, and you are accepting their offer, hence the wrong price is binding. This is not the case - the retailer is (in legal terms) making an "invitation to treat" - in other words, inviting people to make an offer to buy, which s/he is free to accept or decline.

looks like old DDB nailed it while 3 750mls deep and watching Frozen

OPEN AND SHUT CASE

 

[Arbitrator]

You are correct, this practice is not illegal.

I'm still confused by the part of the code that I quoted, which actually uses the phrase "It is unlawful [to] charge an amount greater than the price ... that is then advertised."

Under what circumstances does this apply? With what you have quoted, it sounds like someone can advertise Cantillon for a penny, get the customers to come in, and revise the price upward, all year long with no issues.

Is the code strictly academic then, applying to a situation that will never actually occur?

I am just curious here, I am not a lawyer (though I apparently drink like one).

 

[drgarage1]

I'm still confused by the part of the code that I quoted, which actually uses the phrase "It is unlawful [to] charge an amount greater than the price ... that is then advertised."

Under what circumstances does this apply? With what you have quoted, it sounds like someone can advertise Cantillon for a penny, get the customers to come in, and revise the price upward, all year long with no issues.

Is the code strictly academic then, applying to a situation that will never actually occur?

I am just curious here, I am not a lawyer (though I apparently drink like one).

It sounds like they could put such a price tag on, but they couldn't actually put out such an ad -- very literal reading of advertising.

 

[DOTU]

Well ******' A. The Arbitrator seems to be right. That code section is supposed to prevent different advertising, shelf tags, and price stickers. According to this law firm's seminar materials, charging the higher price is illegal. I'm not sure if they can refuse to sell altogether or if they have to sell at the lower price, but these guys suggest just sucking it up and selling at the sticker price.

 

[dontdrinkbeer]

the case I remember from law school was like a ****** Toyota dealership placed an ad saying "COROLLA - $3,100" or something and a ton of people came down because they had 1 corolla that was drastically underpriced and the Court ruled that advertisements are an invitation to deal only, not an offer, so you could not accept it and tender consideration

the price tag thing I think was later clarified under some UCC nonsense that I don't feel like looking up but I remember it saying that listing the price in the store fell under the same ambit, but who knows.

if it is just mislabeled in the store by a dipshit with a price gun, that seems more like agency issues, authority to set the price and issue an "offer" in the first place etc.

I get paid money to do this, brb writing 900 words about a stupid beer and not doing legal research for a beer forum.

 

[Arbitrator]

the case I remember from law school was like a ****** Toyota dealership placed an ad saying "COROLLA - $3,100" or something and a ton of people came down because they had 1 corolla that was drastically underpriced and the Court ruled that advertisements are an invitation to deal only, not an offer, so you could not accept it and tender consideration

Aren't those usually asterisked with "only one at this price"?

 

[dontdrinkbeer]

Aren't those usually asterisked with "only one at this price"?

that was my hedging language where unless it is intentionally used to deceive or mislead the consumer

i got this stupid mailer from This horrible auto dealership: http://www.felixchevrolet.com/index.htm

last week. It said, i quote "you have won and are guaranteed a CASH PRIZE if your numbers match" i scratch the thing off and the numbers match. Start reading this thing and seems pretty iron clad, not a NEBRASKA sitch

i call them, for ***** and gigz. They explain "oh this isnt explained in the mailer but we have a board with the winning number, you bring your card down and check and see if it matches our board at the dealership"
"then why did i even need to scratch off two irrelevant boxes"
"to generate excitement for the big promotion"
"this is inherently misleading, it also says that I am guaranteed a cash prize"
"the cash prize if our low financing which saves you cash, it is a prize to generate excitement"
"the excitement is generated not for the promotion, but with the inherently misleading information that, if these two irrelevant boxes match, you are guaranteed to win a cash prize"
"yeah, so it generates excitement"

at this point i was more exasperated and my wife was like "leave the poor marketing girl alone" so my legal debate was curtailed but if **** like that flies, then a mere mistake with a price gun hardly seems within the comports of equity.

 

[abecall98]

Which of you dicktouches will be chilling tonight at the Rare Barrel?

 

[stupac2]

Which of you dicktouches will be chilling tonight at the Rare Barrel?

I'll be there, though probably not for too long. Mostly want to try Scott Tenorman (it's the only one I've missed so far) and get my bottles.

 

[abecall98]

I'll be there, though probably not for too long. Mostly want to try Scott Tenorman (it's the only one I've missed so far) and get my bottles.

The lineup sounds pretty damn good. I'm looking for another glass of that fields forever, loved that beer.

 

[tosh1]

I'll be there, though probably not for too long. Mostly want to try Scott Tenorman (it's the only one I've missed so far) and get my bottles.

Looks like I am out. Sacramento all day until late. Really wanting to try the Scott Tenorman, guess I'll see what time I head back down I-80, but I am not hopeful.

 

[RyanG1]

Which of you dicktouches will be chilling tonight at the Rare Barrel?

Was planning on it, but with no Growler fills until 9 pm, which is fine to ensure everyone gets pours, I will probably head over Friday or Saturday instead.

 

[abecall98]

Was planning on it, but with no Growler fills until 9 pm, which is fine to ensure everyone gets pours, I will probably head over Friday or Saturday instead.

Ah, I just caught that part of the email. Well, looks like I am in for a long night then.

 

[BigToad22]

ISO: carpool from sunnyvale to Rare Barrel tonight. I can drive, not staying for fills.

 

[Arbitrator]

Has anyone seen J.W. Lees Harvest ale (any vintage, regular version) around the Bay Area recently? I used to love stocking up, but I don't think I've seen it in 2 years.

 

[matedog]

I'm at a work conference in Santa Clara. Hoping to get to Rarrel before 9.

 

[RyanG1]

Has anyone seen J.W. Lees Harvest ale (any vintage, regular version) around the Bay Area recently? I used to love stocking up, but I don't think I've seen it in 2 years.

Arbitrator Blackwell's in SF in the Outer Richmond. They have 2009, 2010, and 2012, but aged in different casks. Not sure if that is different than the regular version.

Also if anyone is in need of Hommage at a $$$ price point lmk.

 

[Arbitrator]

Arbitrator Blackwell's in SF in the Outer Richmond. They have 2009, 2010, and 2012, but aged in different casks. Not sure if that is different than the regular version.

So close! Unfortunately, the cask-aged versions are different from the regular/base beer which is not cask-aged at all. I might swing by there anyway just to check. Thanks for the heads up!

 

[drgarage1]

So close! Unfortunately, the cask-aged versions are different from the regular/base beer which is not cask-aged at all. I might swing by there anyway just to check. Thanks for the heads up!

I'm pretty sure they still have some at Healthy Spirits on Castro. Definitely worth a call.

 

[Arbitrator]

I'm pretty sure they still have some at Healthy Spirits on Castro. Definitely worth a call.

I'm cringing because I've heard about their prices (never been there)... I'll see how desperate I get after a few drinks tomorrow, drunk-dialing Dave and begging for that SMaSH.

 

[drgarage1]

I'm cringing because I've heard about their prices (never been there)... I'll see how desperate I get after a few drinks tomorrow, drunk-dialing Dave and begging for that SMaSH.

Their prices are probably better than Blackwell's...

 

[Arbitrator]

Their prices are probably better than Blackwell's...

Oh, that's useful info. I've never been to Blackwell's either.

I should probably start a "Best places to visit in San Francisco?" thread.

*hands head in shame*

 

[drgarage1]

Oh, that's useful info. I've never been to Blackwell's either.

I should probably start a "Best places to visit in San Francisco?" thread.

*hands head in shame*

Even Blackwell's isn't that bad, except for rare-ish stuff (Cantillon sits on the shelf there because they charge double what anyone else would).

 

[CommanderofAwesome]

Has anyone seen J.W. Lees Harvest ale (any vintage, regular version) around the Bay Area recently? I used to love stocking up, but I don't think I've seen it in 2 years.

Ledgers in Berkeley has it. Been a while since I've been in there but pretty sure they were ~$9-$10. Anything not named pliny sits there for a while so it's a pretty good bet they still have it.

 

[stupac2]

Ah, I just caught that part of the email. Well, looks like I am in for a long night then.

Sorry I didn't stay to chat, I was trying to beat the sun home since I was biking and needed to get out of there ASAP. Should've left earlier, I went right into a giant pothole while going pretty fast.

 

[tosh1]

Never made it to Rare Barrel. I did get the wife tickets to McCartney at Candlestick, Bottles of 3f Hommage and Dosejel and a fuking ugly lamp the wife likes. I guess I came up good for the day. Trying to work out if I won or lost on the day? $ wise she wins, but not sure that matters, yes I won big today. And I will milk it for a while, beer prices have not registered for her, and boy it was a pain in the arse getting McCartney tickets, hate the scouse bastard( i'm from Liverpool, and hate the Beatles ********), so I can say it, fuking Beatles ********

 

[tosh1]

And I got Blind pig and Pliny off the shelf ( plus Redemption) things worked out today, apart from hours stuck in traffic it was a good day

 

[matedog]

Work event got done super late and didn't even bother showing up to Rarrel (it would have been 10). How was it? I'll probably swing by tomorrow.