BBX - Terms& Conditions

Specific terms & Conditions relating to BBX (Berrys’ Broking Exchange)






What is BBX?

It is an online only, fine wine, trading service that enables customers to sell and buy privately stored wines held in Berrys’ UK bonded warehouse. For more details please see the BBX FAQs section of our website.

These terms and conditions are divided into Part A and Part B. Part A applies to customers who wish to sell their wines through the BBX service, Part B applies to customers who wish to purchase BBX wines.

 


Access to the BBX service:

BBX is an on line only service and therefore your use of this service is subject to Berrys’ website terms and conditions, privacy policy and terms appearing specifically on the BBX web pages as well as the terms set out below. By using the BBX service you hereby agree to such terms and conditions. If there is any conflict with any terms appearing specifically on the BBX pages and the terms set out below, the terms set out below will prevail.


PART A – SELLING on BBX

Specific Terms and Conditions relating to customers wishing to sell their wines through BBX

Eligibility to sell wines:

In order to sell your wines through BBX you must



  • Be an existing customer of Berrys who has placed an order for wine with Berrys and which is stored by Berrys or you already have wines stored with Berrys; and
  • register with Berry’s as a BBX seller by completing the online registration found on the BBX webpage.

Following approval of your registration, Berrys will e-mail to confirm you are a registered BBX seller. Berrys reserves the right to withdraw your access to the BBX platform upon notice to you for the reasons set out in terms and conditions below, or if Berrys withdraw the BBX service for any reason.

 

Eligibility of your wines held by Berrys:

In order to place your wines for sale on the BBX service they must be:


  • physically located in Berrys’ temperature-controlled warehouses; and
  • In Bond; and
  • in unsplit cases or a large format bottle such as an Imperial; and
  • owned by you (goods paid for in full), the person registering as a BBX Seller must be the same as the person on Berrys’ records as owning the wines in Berrys’ warehouse (in BB&R terms you must be both the “account payer” and “beneficiary”); and
  • in good condition as determined by Berrys’ in its absolute discretion. BB&R is committed to retaining the highest levels of quality and standards of product and all wines will be subject to BB&R’s rigorous quality control process. Please refer to BB&R’s Inspection Guidelines which are available on request.

 

Eligibility of your other wines:

Subject to Berrys approval and setting up a customer private reserve (CPR) account with Berrys (and agreeing to the terms and conditions relating to a CPR account) you may introduce wines not currently held by Berrys for sale through the BBX service in accordance with the following provisions:

You must:


  • arrange at your cost and risk for the relocation and delivery of such wine for storage in Berrys’ temperature-controlled warehouses as part of your CPR; and
  • the wine must remain In Bond; and
  • pay a fee of £7.50 per case to cover receiving/handling into our warehouse, inspection and administration
  • pay all CPR account fees to Berrys.

In order to be eligible for sale through the BBX service the wine so relocated must:


  • be in unsplit cases or a large format bottle such as an Imperial; and
  • owned by you, and
  • be in its original packaging (wooden case or otherwise); and
  • in good condition as determined by Berrys’ in its absolute discretion. BB&R is committed to retaining the highest levels of quality and standards of product and all wines will be subject to BB&R’s rigorous quality control process. Please refer to BB&R’s Inspection Guidelines which are available on request.

Berrys shall inform you of any wine that does not comply with the above provisions and you shall have the option of requesting by written notice that it be returned to an address specified by you and at your cost or retaining the wine as part of your CPR account. If you fail to request the return of the wine within 14 days of notification by Berrys then you shall be deemed to have agreed to Berrys retaining the wine as part of your CPR account. Such wine will not be eligible for sale through the BBX service.

Third party claiming ownership

If a third party claims ownership of any wines you have relocated to Berrys as referred to in the above paragraph Berrys shall inform you as soon as is practical and if such claim:


  • Occurs before that wine is sold through the BBX service then:
    • Berrys shall have the right to withdraw the wine from the BBX sale list;
    • Shall be entitled to retain such wine as part of your CPR account until you and the third party have resolved the claim and have provided sufficient evidence to Berrys as to ownership;
    • Notwithstanding the above if the third party produces to Berrys sufficient evidence of its ownership or a court order or other legal process for the delivery up of the wine then Berrys shall be entitled to transfer the wine to the third party without any liability to you.
  • Occurs after the sale of the wine through the BBX service then:
    • If Berrys has yet to pay you for the wine Berrys shall be entitled to retain such sums until you and the third party have resolved the claim and have provided sufficient evidence to Berrys as to ownership at which point Berrys shall be entitled to pay the person who has proved ownership.

You hereby agree to reimburse, on demand and on a full indemnity basis, Berrys from any claims costs liabilities and expenses incurred as a result of a third party claim referred to above or in connection with Berrys dealing with the wine on the understanding that it is owned by you where this proves not to be the case.

Adding wines to the BBX sale list

Once you are registered as a BBX seller you shall be entitled to add any of your eligible wines from your CPR account onto the BBX sale list through your online account. To list the wines follow the instructions on the relevant web page. You shall be entitled to withdraw any wines you have listed on the BBX sale list through your online account at any time prior to a purchaser confirming their order to purchase your wine. Once a purchaser has confirmed their order by clicking on the “place order” button within the purchase process you cannot withdraw the wine unless the purchase does not complete for whatever reason. Wines listed must be in unsplit cases and must not be a mixed case.

BBX Sale Price

When listing any of your cases of wine on the BBX list you must also state the case selling price (price in bond, exclusive of duty and VAT). You are free to set whatever price you wish for the case save that where you set a case price less than your purchase price at which point you will receive a warning and you will have the opportunity to change the price. Berrys reserves the right in its absolute discretion to withdraw your wine from the BBX list if it believes pricing will affect the commercial integrity of the BBX platform and/or in Berrys’ reasonable opinion, the price set is far below the market value of the wine.

You may vary the price of any case at anytime through your online account prior to a purchaser confirming their order to purchase your wine. Once a purchaser has confirmed their order you cannot change the price unless the purchase does not complete for whatever reason e.g. the purchaser’s payment is not authorised or the purchaser exercises their right to cancel within 14 days – see Return of Goods / Cancellation in standard terms.

There is a 60 day time limit on BBX listings at the same selling price. Wine that has been listed for 60 days at the same selling price will be removed from the BBX list and the seller will receive an e-mail notification. The seller then has the option of re-listing the wine for a further 60 days at a selling price of their choice.

Valuation Guide

Berrys shall give you access to an online valuation guide to help you set the price for the case. The valuation guide shall comprise a combination of Berrys own valuations based on current and recent lists and transaction data as well as externally sourced guide valuations. Please note that valuation information will only be available on wines where recent data exists. Berrys shall use its reasonable endeavours in the collation of these valuations however the valuation guide is illustrative only and Berrys does not guarantee or warrant the contents of the guide nor shall Berrys be responsible for your reliance upon it.

BBX Sale List

Berrys shall make the sale list available on line for all its customers through Berrys’ online search engine. Customers looking for wines can search the BBX list and Berrys own wines sales. The BBX list shall show all the wines you have nominated for sale together with all other BBX sellers’ wines. It may be that other BBX sellers and or Berrys will be selling the same vintage wine at the same time as you and therefore all BBX wines will appear in any search results in the same way as with a Berrys wine.

As each BBX seller sets their own price for their wine independently of Berrys and a search for a specific wine may show that wine being sold at different prices, Berrys shall be under no obligation to vary its current wine price list or the manner in which Berrys determines the price for its wines as a result of the Prices set by BBX sellers.

If the same wine is listed at an identical price by 2 or more BBX sellers then the wine that was listed for sale first will be sold first.

Sale and Purchase of BBX wine and Berrys Brokerage service.

If a purchaser wishes to purchase your BBX wine they will place an order through us. We will e-mail you to advise you of a pending order for your wine.

The legal transaction will be that we will purchase your BBX wine from you and then sell it on to the third party. Our purchase from you will be conditional upon the third party purchasing and completing the purchase of the BBX wine from us and without cancelling the purchase during any statutory cancellation period applicable to the purchaser.

We will sell the BBX wine to the purchaser at the price you allocated to the BBX wine and we will pay you, for the purchase by us of that BBX wine, your allocated price less 10%. If we sell the BBX wine to a purchaser then our purchase from you will be deemed to have occurred immediately before our sale and, the sum agreed payable to you will, subject to being paid in full by the purchaser, be paid to you within 10 working days of the completion of the order.

If the purchaser shall default on payment or cancel the purchase then our purchase from you shall not be completed and your BBX wines shall remain in your ownership. We will advise you by e-mail of a completed purchase or a cancelled purchase.

Payment of the purchase price to you shall be by either crediting your CPR account or by BACS payment to your bank account the details of which appear in your BBX seller registration. You may change those details online by logging into your BBX account.

Cancellation of BBX orders.

After an order is placed for your listed wine or after you have accepted a Bid for your list wines, you are unable to cancel the order or withdraw the wine.

BBX Privacy.

You hereby agree that Berry Bros. & Rudd may, but shall be under no obligation to do so, from time to time contact prospective purchasers with your listing price details to increase the possibility of your listing being purchased. Please note Berry Bros. & Rudd does not disclose any of your personal data. Berry Bros. & Rudd will merely advise prospective purchasers of the wines you have listed and the price you have allocated.


PART B – BUYING on BBX

Specific Terms and Conditions relating to customers wishing to buy BBX wines.

Eligibility:

The BBX service is an online only service and therefore you will have to register with Berrys to set up an account to purchase BBX wines online. You can use this account to purchase other Berrys products online.

Purchases

Purchases of BBX wines shall be from Berrys and will be subject to Berrys’ standard terms and conditions, website use terms and conditions and privacy policy current at the time of purchase save as modified below. By using and purchasing BBX wines you hereby agree to these terms and conditions as well as those referred to above:

Selecting and purchasing wines

You may select the BBX wine and purchase it online only, by completing the online order form. This service is not available by telephone, post or e-mail. The price for the BBX wine shall be as stated in the online Fine Wine List against the BBX wine you select. You should check the BBX list and search against that wine in Berrys general search engine before selecting the wine as the same wine may be sold at different prices.

Wines on BBX may also be available from Berrys at a different or lower selling price so customers are advised to search the Berrys' website before making BBX purchases

By selecting a particular listed wine from the BBX list and submitting it to your shopping basket you are agreeing to purchase that wine for its stated price regardless of whether the same wine is being sold for a cheaper price elsewhere on the list or on the website.

If any description or price of the BBX wine or Berrys wine is incorrect Berrys will not be liable to provide that item to you at the stated price provided that we notify you before we despatch the item concerned or, in the case where we are not despatching an item, within 7 working days of our acceptance of your order and we may cancel your order provided we refund you any payments you have made. You may agree the correct price in which case we will proceed with your order. In the event that an item has been over charged a full refund of the difference will be given.

We reserve the right to change our prices. Please refer to the latest price list or our website for all current prices. Please note prices issued in the latest price list or on our website supersede any prices set out in these terms and conditions if they are different.

BBX wines are only sold by the case and are sold In Bond. BBX wines can only be bought In Bond and for delivery to Berrys’ bonded warehouse. Orders containing BBX wines cannot be delivered. If you require delivery of these wines then you will need to contact us and the terms and conditions relating to In Bond wines and delivery as set out in section 3 of our standard terms and condition shall apply. Please note that duty & VAT will be charged (calculated on the actual price paid by the purchaser) should you require delivery of the wine.

BBX wines and wines for delivery cannot be mixed on the same order and Berrys may reject any such order, however you can mix BBX wines and other In Bond wines or en primeur wines on the same order.

Your Right to Cancel

If you purchase wine through the BBX service as a consumer (you are an individual purchasing wine other than for business purposes) then you have a right to cancel the purchase within 14 days of the completion of your purchase. Please see the following link for more information on your right to cancel. Read More.

BBX Privacy.

You hereby agree that Berry Bros. & Rudd may from time to time contact, but shall be under no obligation to do so, prospective sellers with advising them of your bid price details to increase the possibility of your bid being accepted. Please note Berry Bros. & Rudd does not disclose any of your personal data.