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August 5, 2014 - 4:59pm

Daphne's Restaurant on South Swan closes

posted by Howard B. Owens in batavia, business, Daphne's Restaurant & Lounge.

Daphne's Restaurant & Lounge, at 341 S. Swan St., Batavia, has closed.

The restaurant opened in September 2010 at the former location of St. Nick's Social Club.

Brian Graz
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I have a pre-paid $20 certificate for Daphne's that I purchased thru Today's Deals on The Batavian... so what now? I'm SOL???

Howard B. Owens
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If purchased within the past 30 days, return it to

The Batavian
200 E. Main St., #5
Batavia, NY 14020

tom hunt
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Location, location, location.....sad.

Jason Crater
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I still miss St. Nick's. We ate at Daphne's a couple times while it was open. Good food.

Timothy Scheuerlein
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I disagree about location it is a lot easier getting in and out of that parking lot on a Friday night compared with any restaurant on the west end of town. Without a doubt the restaurant business is one of the hardest things to be successful in. You have to have great food great service and not just on opening night but every night you have to be consistent and even that doesn’t guarantee success I have a good friend who I went to school with great chef had a great partner and they had a hard time. Hopefully someone will keep things rolling with another try at the old St Nicks it’s a wasted building if they don’t.

Jeremy Yasses
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The building is for sale or for rent.....if anyone is interested or know of anyone have them call 585-343-3755

Brian Graz
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So how did 30 days become the magic #? I can't remember when I purchased the Daphne's certificate as I have purchased a few others also in the past couple months. Seems The Batavian should have ready access to the transactions. I can possibly find it in my PayPal account history, but right now it's too late and I need to get to bed.

Scott Ogle
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" So how did 30 days become the magic #?" I can't remember when I purchased the Daphne' certificate as I have purchased a few others also in the past couple months. Seems The Batavian should have ready access to the transactions. "

Gosh, Brian, the Batavian gave you their terms. What other agency do you want to care for and protect your $20 investment -- the SEC? As it ever was-- it's about whose ox has just been gored.

I kid you . I'm a good liberal, and I'm all about marketplace protections and regulations. Just not on this scale, I think.

Howard B. Owens
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From the rules for Deal of the Day:

http://thebatavian.com/8692/deal-day-rules

"The gift certificate must be used by within 30 days of purchase, unless it states otherwise."

This has been the rule since the beginning of deal of the day.

We're not responsible for for any gift certificate not used within 30 days of purchase.

The rules are frequently, though not always, included in a link at the bottom of the post.

Brian Graz
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"The rules are frequently... included in a link at the bottom of the post." So I guess I'm at fault, because I've never read them before now.

Well a quick check back of the last 30 times Deals of the Day were posted, going all the way back to Feb 2, the link for the rules was only included on one of those 30! http://thebatavian.com/tags/deal-day

I'd say disclosure and transparency is sorely missing here.

Howard B. Owens
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I know Billie has included them several times recently. It's possible any links were deleted when buttons were deleted.

The rules have been the rules for five years. There's no lack of disclosure or transparency here.

Howard B. Owens
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Brian, having researched this -- you made your purchase well more than two months ago, which, rules or not, is plenty of time to have used the gift certificate. We can't be responsible for people not using gift certificates in a timely manner. That would be a greater financial burden than we could bear.

Further, in researching this, we figured out that you're not using your real last name for commenting on The Batavian. Please update your profile appropriately if you wish to continue to comment on the site.

Brian Graz
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Wonder of wonders, checking again I see the "rules link" showing on 5 of the last 10 Deals of the Day postings... I guess when someone owns and controls a website post-date changes are always an option. I'm not saying that this has happened, I just wish I'd have taken a snapshot of the page earlier this morn when I first checked it.

In post #10 you say "The gift certificate must be used by within 30 days of purchase, unless it states otherwise." The gift certificate I purchased from the Batavian for Daphne's says it "EXPIRES 1 YEAR FROM DATE ISSUED" and it was issued 4-16-14.

Besides Howard, I haven't use my full last name on the Batavian for almost 4yrs [since becoming a member 3yr and 46 mos ago], we have discussed this in the past and I explained how less people would recognize me by my full last name of Graziaplena than by the Brian Graz that I have used for 50+ years in our community. I recall at that time you finally accepted that. Interesting how now once again it has become an issue. It couldn't have anything to do with the fact that I have just criticized the Batavian for lack of disclosure??? I still feel that the rules should be plainly displayed on every listing of any items for sale. Not on a different page with a small link [***For the rules, click here.] pointing to it occasionally, but not always... not even usually.

Howard B. Owens
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No posts were altered.

The subject of your name has never come up before as far as I can recall.

That said, I do realize that your e-mail and Facebook accounts are Graz. That is probably your more commonly known name though not your legal name. The point of our real name policy is that people know who is making statements. You can stick with Graz if you prefer.

Also, the situation with this gift certificate hasn't come up before. Since we didn't create the gift certificate, we have don't have control of the expiration date on it. Return it to us for a refund.

Brian Graz
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I have already changed my user name to be in compliance with your request... even though my grandkids won't even recognize my posts now, because I'm Papa Graz to them.

I have to say that your offer to refund is the reasonable thing to do, and also I believe that though this situation hasn't come up before, it was inevitable and now has happened. I don't have an answer to how to avoid against this happening again, but there needs to be something more than simply a policy saying that the purchase needs to be used within 30 days. IMO that is not reasonable.

I will not have you refund my money, because your offer to do so satisfied my complaint. [If it was a larger amount, then I'd agree, or at least split the difference with you]. However, you can buy me a beer when you see me out... I'll order something good.

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