Pages

Friday, June 01, 2007

Buyer Beware*

(*you know if I am posting on a weekend this HAS to be good)

The night started off innocently enough.

It was Friday night and we were kicking off the weekend right, at a dive-y Chinese Food restaurant in Braintree called Tiki Palace. My brother Peter, Adam and I arrived around 6:30 and ordered drinks, ready to play some Keno, eat some fabulous Chinese food (it really is stellar there) and watch the game.

My brother mentioned that the Scorpion Bowls for One were a fantastic deal because you got a tasty tropical drink in a ceramic bowl and for 75 cents extra you could add a shot of Baccardi 151. It even said so on the menu, Scorpion Bowl for One = $5.75, Baccardi 151= 75 cents.

Good deal, right?

So throughout the night we shared scorpion bowls, with the shot of 151, and played Keno and watched the game and ate the fabulous food and in general had a great time!

Peter left around 9PM to meet up with some friends and Adam and I stayed on for a few more hours. Around 11 we asked for the check and got ready to settle up. When we got the check, however, it was more than we thought it would be. Upon closer inspection we realized that we had been charged $5.00 per shot of 151, not 75 cents like the menu said. It was only a difference of $20 or so but still, it was wrong.

So I went up to the server, who also happened to be the owner, and I told him about my concerns. He informed me that the price for a shot of 151 with a scorpion bowl was, in fact, $5.00. I brought a menu over to him and showed him the price list that said it was, in fact, 75 cents and he then told me "I told the man you were with "these shots are $5 a piece" and he said that was fine so that's what I charge all of you". By "the man you were with" he meant my brother, who as I mentioned earlier had already left. Adam and I told him we don't agree with that price and he informed us if we didn't want to pay the whole bill, he would call the police.

Are you kidding?

At first I was just like, let's pay the bill and get out of here. But Adam thought we should stick up for ourselves, and for once not just say "Whatevs" and be on our way. So I went outside and called my brother to see if he had in fact agreed to this super secret Baccardi 151 deal and told him what was going on. He said "put the manager on the phone" so I did. They spoke (yelled!) for a few minutes and then he handed me back my phone and my brother said "Stay there, I will be there in 2 minutes".

He never backs down from a challenge, that one.

Now, please don't think this was about the stupid $20 or whatever he was charging us extra. It was the principle. The menu said the shots were 75 cents each. I don't care, I have spent far more money on far less food....but the fact was we ordered the drinks because of the price in the menu, not because of some secret price no one knows about but the manager ( and apparently my brother?). Further more, we were at that restaurant for a good 5-6 hours, spent a lot of money on food and Keno and this manager was being a jerk.

So my brother gets there and tells the manager that he was never asked if he wanted to spend $5 per shot and matter of factly tells the manager that we are going to pay the 75 cents a shot, as they are advertised plus whatever we owe for food and other drinks and if he has a problem with us, go ahead, call the police

Well, he called our bluff and called the police.

Again I ask you, are you kidding?? So I am at Tiki Palace waiting for the police to come to settle our dispute over a few shots of Baccardi 151. Could I possibly be ANY MORE Braintree?

And all this over a $20 discrepancy, but at this point it was like, we are already in this deep we may as well follow through. While part of me wanted to sneak out the back and call my brother and Adam from the parking lot like "meet me at the corner!", I honestly could not believe what an asshole the owner was being and simply could not stomach just giving him the money he thought was owed him, such a d-hole was he.

So the police come within a few minutes (Can you fucking believe this? The whole time we were waiting for them to get there I am like "Are you kidding? This is my life?) and OF COURSE it is a cop who I went to high school with and he ends up "mediating" between my brother and the manager and to make a long story short he ends up telling us we have to pay the bill because, and I quote "of a little something called Buyer Beware"

????

According to the dear officer, if something is advertised as a certain price, like in a menu, it is up to the consumer to verify that that is actually the price of the product before purchasing. Because, you know, at any dining establishment normal people say "I would like to order the Caesar Salad..can you confirm that it's $7.95?". So even though the price in the menu was 75 cents, because we didn't confirm this before placing the order then the manager can charge us whatever he wants for it.

Nice, right? Makes perfect sense. Totally.

So let's end my synopsis of the night by saying it was probably The Most Embarrassing Yet Most Hilarious Night Ever! Quintessential fucking Braintree.

But it has lead me to this, I never bad mouth any establishment as you know. I believe before you say something nasty about someone or someplace online you should offer them a chance to apologize but I have to say that Tiki Palace is an abomination. The manager, who I hope someday reads this, is such an idiot that rather than act like an adult and honor what his menu says, or at least try to come to some kind of deal with us, he calls the Police, who of course have nothing better to do and send no less than THREE officers down to deal with the fact that a small party of tired people don't want to be dicked around by an irate restaurant owner. It was seriously sad. They all show up all psyched for some drama and Adam, Peter and I are seated calmly in the lobby, talking about The DaVinci Code. One of them even came in, turned around and left immediately because there was So Nothing To See.

Utterly pathetic.

But, as I said to the officers as we left the restaurant, "At least this will make one hell of a blog entry"

19 comments:

Amber T. said...

That's insane. I've never heard of the whole "buyer beware" thing. Considering my funds are severely limited, I'll be more cautious...

To Be Announced said...

That is completely RIDICULOUS! I think there are only two options of guys we went to high school with who are cops....

Libby said...

Are you kidding me? I mean, really! Is the high school buddy on the take or something? It's called false and deceptive advertising for crying out loud!

Sarah said...

Caity it wasn't B.E., although I did ask about him and they were like "we love him". That's what was so funny, they were trying to mediate and meanwhile we're like "omg so how are you? what have you been up to?".

Rebecca said...

hahaha, sounds like one for "Hank Phillipe Ryan" or whomever she is from Channel 7! hahaha. That's ridiculous. One would think that they'd have a little (*) next to the additional shot price that would be a caveat saying that not ALL liquors are that price and that one should ask their server for pricing.

Buyer Beware was basically the cop's quick thinking on how he could peacefully and quietly make it all go away and keep everyone happy. Buyer Beware truly doesn't apply to false advertising.

The real downside to this is that if their Chinese food is that good - will you feel like you can go there again and eat?

Lys said...

OK - I'm heated and TikiPalace, while they might have good food - so not my fave puppy!

That sux that you had to go through that and, in talking with one of the attorneys' here they had suggested calling the Better Business Bureau and lodging a complaint due to the false advertising, shoddy service and inept management.

Thankfully you knew the copy and, as for the manager - yeah - he needs to be F.I.R.E.D. Crappy customer service.

But you were right - it's one hell of a blog entry...

Dink said...

i love that you called to tell me this story on friday night. so so funny (well...you know what i mean) then adam called me on saturday morning and sort of told me the story again. so braintree. i kind of love it and hate it all at the same time! <3 danielle

AnnaB said...

Now I know what it will take for you to bad mouth a business! That is seriously ridiculous. We should organize a group to show up and order the 75 cent rum shots over and over. I am more than willing to use my liver to teach this ass a lesson.

NY KAT said...

That cop was full of bull! I've never heard what he said ANYWHERE! Have they never heard of false advertising?

Anonymous said...

In addition to reporting this to the BBB, you might want to report it to your state Liquor commission - it sounds illegal to me.

Anonymous said...

Massachusetts has some extremely strict consumer protection laws. Get a copy of the menu and complain to the AG. If you are feelling really vindictive and are willing to spend some time on this, sue for the difference. You will likely get 3 times your damages.

Anonymous said...

Okay, I know by now this not terribly helpful but as a baby-lawyer and long-time lurker I am utterly irate on your behalf!

Caveat emptor, or buyer beware, is a first-year Contracts course concept. It applies to the CONDITION of a product, NOT its price. So as the buyer you would have the burden to verify that the rum you drank was actually Bacardi and not some cheap substitution - but not whether that rum should cost anything other than the price advertised on the menu. FOR CRYING OUT LOUD.

I wholeheartedly support the idea of complaining to the BBB and/or AG and/or suing these jerks. Who knows how many other people have been screwed in this way?

Bravo to you guys for sticking up for yourselves. Dang it!

Anonymous said...

That was absolutely ridiculous! Like the last comment said, buyer beware is about the condition of a product. How freakin rude! Who ever heard of confirming the price of an item on a menu. Just TRIFE!

Mandy said...

This is total BS! You should take them to small claims court. They can't advertise one price and then charge another--that's called bait and switch. And what if he'd decided the shots were $100 apiece? You'd just have to pay it? No freakin way! Good for you for standing up to them--even if the cops didn't.

Krista said...

omfg

that is all.

Martini said...

I don't even know you, and yet I am so proud of you for going the whole nine yards and waiting for the police. I would have done the exact same thing. You (and your brother) are awesome. I love it when screwed consumers stick up for themselves. They get taken advantage of so easily.

Jenni said...

GOOD FOR YOU!!! That is SO absolutely ridiculous! I've been in a similar situation, except it was at a nail salon. The sign posted outside said that a mani/pedi was $25, but when I went to pay they charged me $35. I questioned it and they explained to me (?)...in another lanquage! I didn't argue...I just paid my extra $10 and didn't leave a tip. I can't believe that you guys were forced to pay the difference. What is this world coming to!?!?

Anonymous said...

I have never in my life heard of that but what that owner did was false advertising. The police officer as "helpful" as he was trying to be doesn't have a good grasp of the law. It is only the obligation of the buyer to confirm the purchase price if it isn't in writing. Once it's in writing, unless it says "Prices subject to change" all bets are off because there is no disclaimer. Bad mouth the restaurant to all of your friends, write a letter to the editor of your local paper and never and I repeat never (no matter how great the food is) set foot in that establishment again.

Sarah said...

Thank you all so much for your comments and support! I just wanted to let you know I filed a consumer complaint with the AG today. I will let you know if anything comes of it!