General Terms & Conditions 109 (2)

Please read these terms of sale carefully before placing your order and retain a copy of these terms and your order for future reference.

These terms and conditions apply to all wines, spirits or other goods or services supplied by Berry Bros. & Rudd to you. Berry Bros. & Rudd is a trading name of BB&R Limited (company number 05492886, VAT Number: 872 5765 85) whose registered office address is at 3 St James's Street London SW1A 1EG (the "Company", "we" or "us")

How to order
You may order wines, spirits or other goods or order tickets to wine tasting, dinner services, our wine school services or other services by the various methods mentioned below (unless stated otherwise). You will have a right to cancel such order, please see the paragraph headed "return of goods / cancellation" below for details

You may order by;

• Telephone, on +44 (0)800 280 2440
• Via our website at www.bbr.com
• By e-mail to bbr@bbr.com
• By Post, please complete the specific order form in the relevant brochure and send it to
  Berry Bros. & Rudd,
  FREEPOST BZ747,
  Basingstoke RG21 2BR
  (only for mail coming from within the UK).

Our contract with you
Your order is an offer to buy from us. There will be no contract of any kind between you and us unless and until we accept your order and in the case of wines and goods to be delivered to you, when we actually despatch the goods to you. At any point up until then, we may decline to supply the goods or services to you without giving any reason. At the moment we accept your order or in the case of delivery of goods, when the goods are despatched, a contract will be made between you and us.

On acceptance of your order (application) for a place at any of our ticketed events we will despatch tickets which you are requested to bring with you. Customers are requested not to bring children or pets.

Description & Prices
The description and prices payable for the items or services that you order are clearly set out in our price list, brochure and or website. If, by mistake, we have under-priced an item or service, we 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 2 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 unlikely 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.

Prices listed for wines are quoted per bottle and per case, unless otherwise stated and include VAT at 15%. A case is equivalent to 12 x 75cl. bottles, 6 x l50cl magnums, 24 x 37.5cl. half bottles, 12 x 50cl. imps, 36 x 25cl. quarter bottles.

Prices are subject to currency and market fluctuations, changes in duty and VAT as well as stock remaining unsold. The case bottle price shows the discount available when wines are bought by the unmixed case. If any other currency is stated, this is subject to currency fluctuations and is an indication only.

How to Pay
We accept Maestro, Visa, Mastercard, American Express or cheques payable to `Berry Bros. & Rudd'. Orders may be delayed by transfers of money or credit card authorisations not being confirmed by the respective banks. Please note that it is the customer's responsibility to contact their bank to speed up this process if the order is required urgently. Credit cards are always debited in UK pounds sterling. Please note that payment will be taken in full at the time of ordering.

Delivery
Orders of £200 or more (per delivery address) are delivered free of charge throughout the UK*, orders between £100 and £199.99 (per delivery address) incur a delivery charge of £10 per delivery*. We normally deliver between 9am and 5pm Monday to Friday within 6 working days from receipt of order*. We regret we no longer offer a delivery service for orders of less than £100 (excluding delivery charge) per delivery address. Tickets for BB&R events are delivered by post free of charge.

We offer a next working day (Monday to Friday) UK delivery service provided we receive your order by 12 noon, at a charge of £15 per delivery address*. We offer Saturday delivery at a cost of £40.00 per delivery address*; please ensure your order arrives with us by 6pm the previous Thursday. We reserve the right to charge for re-delivery of orders that have not been completed due to incorrect address information being supplied by the customer.

Whilst we make every effort to deliver all your goods in the agreed time, we will not be liable if we fail to do so in part or in full due to circumstances beyond our control.

* Please note that deliveries to Northern Ireland, The Isle of Man, The Isle of Wight, The Scilly Isles and some areas of Scotland may take longer and are subject to a surcharge. Please contact us for details.

The Wine Club
Please see www.bbr.com/wineclub for full details of price and description of the types of wines. You will be required to register to join the wine club service. On registration you will be requested to stipulate whether you require red, white or a mixed case and the quantity of cases. Your registration shall be deemed an ongoing order for such wines which shall be delivered every 2 months until you cancel your membership or otherwise inform us. Please allow 30 days notice if you want to cancel your membership or make any permanent changes to your case requirements. Berry Bros. & Rudd reserves the right to select which wines are sent to you.

Quality Guarantee
We are committed to providing our customers with an unsurpassed level of service and are equally committed to ensuring we provide a safe and legal product. If a wine is corked or faulty we will offer a replacement or credit on the return of the bottle in question. Many wines are sold to drink young so we offer a simple drinking guide to help clarify the optimum drinking time of all our wines. If a wine has been kept too long or stored inappropriately, we may not be able to offer a refund. If you believe a wine to be faulty please contact us on +44 (0)800 280 2440 or email us at bbr@bbr.com and we will be happy to make arrangements to have the wine collected and tested.

Receipt of Goods
Deliveries should be signed for as `Not Examined' and you should inspect the goods as soon as possible and notify us immediately of breakages or wine shortages. We are unable to guarantee credit or replacements unless we are notified within 14 days of delivery of the order. Please be aware that multi-case orders can become separated. If you do not receive the balance of your order within 3 working days of the first delivery please contact us. Standard UK deliveries should always arrive within 6 working days of the date of order. If you will not be at the delivery address at the time of delivery and wish us to leave your order in a safe place, please advise us. We regret that neither we nor our carriers can accept responsibility for any subsequent loss or damage which occurs once the consignment has been left. Contact us on +44 (0)800 280 2440 or e-mail to bbr@bbr.com

Substitutes/Availability
All wines and spirits and other goods are subject to availability. When selecting the wines or other goods for our price list we try to ensure that they will remain available throughout the life of the list. However, some items will inevitably go out of stock and we therefore reserve the right to select and deliver to you a substitute (of equal or higher value) to the wine you have ordered, to avoid delay in the delivery of orders. If we are unable to supply a particular item, or do not supply a substitute, we will not be liable to you except to ensure that you are not charged for that item.

Ownership
All wines and spirits or other goods ordered remain the property of Berry Bros. & Rudd or its associates until payment is received in full.

Export Orders
We deliver to a large number of countries worldwide using a network of experienced wine shippers. Export orders are subject to a minimum value of £100 (excluding delivery charges) per delivery address. 

Overseas orders may be liable to import taxes in the destination country, which the recipient shall be liable for unless paid in advance at time of placing the order. All overseas orders will be re-packed in polystyrene export cartons for safe transit; we may be able to arrange to ship original cases if requested when order is placed.

Please contact us on +44 (0)800 280 2440 or email bbr@bbr.com for further details and delivery charges.

Return of Goods/Cancellation
Subject to the specific cancellation provisions below in relation to specific services, orders for goods (to be delivered) may be cancelled within 7 working days of receipt of goods. A full refund will be offered provided the goods remain in good condition and that the request to cancel is received in writing. Any cancelled order will be refunded within 30 days. A charge of £10 for collections will be payable. If returned wines are not deemed to be in a saleable condition, a re-delivery fee will also be charged. Contact us on 0870 900 4300 or email bbr@bbr.com

En Primeur Cancellations
Wines ordered through our en primeur service can only be cancelled within 7 days of placing the order. A full refund of the purchase price of the wines will be given on receipt of formal notification in writing of cancellation of the order. Due to the unique nature of En Primeur sales we regret that orders cannot be cancelled after this time. For Specific terms & Conditions relating to En primeur and Customers' Private Reserves visit www.bbr.com/about/en-primeur-terms or contact us on +44 (0)800 280 2440.

Broking
On occasion, and in our sole discretion, we are prepared to offer you a wine brokerage service where we will seek third party buyers for your wine. If we agree a sale of your wine to a third party we will purchase your 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 wine from BB&R.

In agreeing to BB&R's broking terms, you are authorising BB&R to have a two week exclusivity on being able to offer the wine for general sale. We will agree a price we will pay you for the wine. If we sell the wine to a third party within the two week exclusivity period, then our purchase from you will be deemed to have occurred immediately before our sale and, the sum agreed payable to you will be paid within 20 working days of the receipt by us of the proceeds of our sale to the third party. If the wine has not been sold within two weeks, BB&R will contact you to discuss a renewal of the period and/or a price adjustment or the return of the wine to you or storage of the wine.

The purchase and resale of your wines is conditional on their safe receipt (at your expense) into BB&R premises and that the condition of the wines is, in the opinion of BB&R, as agreed and suitable for resale. Typically, if you are offering wines for broking from outside BB&R's storage facility then the wines must be in original wooden case (OWC) and in good condition.

Where payment is withheld by the purchaser and goods are to be returned (either by the purchaser or at your request prior to the sale, or where the wines can not be sold), transportation will be at your expense using BB&R's standard delivery charges.

Wine Tasting & Dinner Tickets
In the event of cancellation full refunds will only be given if we are notified at least 28 days before the date of the event. Refunds will only be given after this time if we are able to re-sell your tickets.

Sale or Return
All sale or return orders must include a minimum of £300 of wine, Champagne, Port or spirits. A maximum of 20% of the original order quantity can be returned. - All returned goods must be in re-saleable condition otherwise no credit will be given. A collection charge of £10 per order will be applied to all sale or return orders.

Special Delivery Terms for Glassware, Accessories & Books
All glassware, accessories and books are subject to special delivery terms regardless of whether they are part of a wine order. Glassware and decanters are despatched on a next working day service at £15 and are subject to the terms of our next day service. Accessories and books will be subject to a delivery charge of either £5.50 or £10 respectively. Please note that deliveries to Northern ireland, The Isle of Man, The Isle of Wight, The Scilly Isles and some areas of Scotland may take longer and are subject to a surcharge. Please call us on 44 (0)870 900 4300 or email bbr@bbr.com for more information. We regret that glasses, accessories and books cannot be sent to overseas addresses.

Exchange of Gifts
We are only able to accept returned gifts and arrange refunds where this is sought by the purchaser and if the item is returned to either our London or Basingstoke shops where an alternative product or gift vouchers can be provided. We are not able to exchange gifts on request of the recipient, except for reasons of quality control. We are unable to offer credit to the recipient of the gift.

Privacy Policy
Please note that in certain cases we may run a credit check on customers; this will be kept completely confidential. Alternatively if you register for some of our services we will collect information about you to provide such services. You have a right of access to all information we hold about you. If you wish to see this or to receive further information about our privacy policy, please visit our website at www.bbr.com/about/privacy or write to: Robin McMillan, Chief Operating Officer, Berry Bros. & Rudd, Hamilton Close, Houndmills, Basingstoke, Hampshire RG21 6YB.

Verification Checks
To ensure that your credit, debit or charge card is not being used without your consent, we will validate name, address and other personal information supplied by you during the order process against appropriate third party databases. By accepting these terms and conditions you consent to such checks being made. In performing these checks personal information provided by you may be disclosed to a registered Credit Reference Agency which may keep a record of that information. You can rest assured that this is done only to confirm your identity, that a credit check is not performed and that your credit rating will be unaffected. All information provided by you will be treated securely and strictly in accordance with the Data Protection Act 1998.

All information revealed through such checks shall be used by us in accordance with our Privacy policy although we may refer any information which appears to be fraudulent or unlawful to relevant third parties such as police or other enforcement authorities, banks, credit card companies as may be appropriate

The Wine by Mail Order Code
Berry Bros. & Rudd is a member of The Wine by Mail Order Code of Practice, as set out by the Wine & Spirit Association of Great Britain and Northern Ireland. Many of the UK's leading wine merchants commit to the code and each member works within its regulations. For further details please contact: The Wine & Spirit Association of Great Britain, International Wine & Spirit Centre, 39-45 Bermondsey Street, London SE1 3XF.

Customers' Private Reserves
Wines purchased from Berry Bros. & Rudd can be stored (by the complete unmixed case) in our cellars and are recorded in the customer's own name separately from Berry Bros. & Rudd's stock. The cost is charged per dozen bottles (75cl) or part thereof (or the equivalent in other sizes) and is payable per annum in advance. Contact us for information on current charges. A pro-rata monthly charge is made to enter wines into Private Reserves at the time of purchase to cover the initial period; thereafter the annual charge is payable in advance. Berry Bros. & Rudd reserves the right to increase the annual charge without prior notice.

Customers receive annual notification of the maturity of wines and further advice and valuations are available on request. When withdrawing stock, delivery within the UK is free provided the consignment is of at least one unmixed case. Otherwise there is a £10 delivery charge per delivery address. Next working day delivery is £15. Please note that deliveries to Northern Ireland, The Isle of Man, The Isle of Wight, The Scilly Isles and some areas of Scotland may take longer and are subject to a surcharge. Please contact us for details. We require three working days' notice for duty paid wines or 5 working days notice for bonded reserves if wines are being collected from our London or Basingstoke shops or to be delivered. We reserve the right not to deliver if the request is to deliver a split case or single bottles. If stock is withdrawn within a month of the rent invoice date the rental charge will be refunded.

If you transfer the ownership of wines or request the physical transfer of wines (in either case where the wine is bonded) an administration charge (per product) will be made. Contact us for details.

We may terminate your cellarage upon not less than 3 months prior notice to you expiring at the end of the relevant rental year. In such event you agree to collect your reserves or provide us with delivery details within 7 working days of the expiry of the relevant rental year. If you fail to do so then, in additional to our right of sale for non payment (see below) we reserve the right to dispose by sale or otherwise your Reserves which have not been collected or where no instructions for delivery have been received. We shall have the right to deduct from the proceeds of sale any monies you owe us and will send you the balance subject to receiving your instructions to do so. We are not obliged to add interest to the balance.

Insurance: Customers' Private Reserves are insured at our estimate of the replacement market value. We accept no liability should our estimate be incorrect.

Non-Payment. Please note that all storage charges are payable annually in advance and, in the event of non-payment, within 30 days from the date of the rent invoice sent to the customer's last known address. We reserve the right to sell at our discretion some or all of the customer's wines and spirits and to deduct from the proceeds of sale all outstanding storage charges and any costs incurred in connection with the sale. The balance of the proceeds of the sale will be retained pending receipt of the customer's written request for payment.

Third party beneficiaries: Irrespective of whether the wines in your reserve have been bought for a third party or ownership is actually or beneficially transferred to that third party (whether related to you or not) and whether or not we have been informed of this, you, and only you, shall be our client in respect of your reserves and shall be solely responsible for all payments and for providing all instructions in relation to the reserve. You hereby agree to indemnify us against all and any liability, losses, expenses and costs arising from any claim of whatever nature made by such third parties and incurred by us in exercising our right of sale or disposal, or refusing to act upon such third parties' instructions or otherwise.

For any further advice, please contact the Fine Wine team

• Tel: 01256 340123
• Fax: 01256 340149
• E-mail: finewine@bbr.com

Other services, special offers etc
From time to time Berry Bros. & Rudd may offer other services, special offers, discounts, promotions etc together with services not specifically referred to in these terms and conditions. Such matters shall be subject, in addition to these terms and conditions, to specific terms and conditions relating to such matters. By taking the service or special offers, discounts, promotions you agree to be bound by such additional terms and conditions.

Applicable Law
From time to time Berry Bros. & Rudd may offer other services, special offers, discounts, promotions etc together with services not specifically referred to in these terms and conditions. Such matters shall be subject, in addition to these terms and conditions, to specific terms and conditions relating to such matters. By taking the service or special offers, discounts, promotions you agree to be bound by such additional terms and conditions.

Nothing in these terms and conditions limits or excludes your statutory rights as a consumer. These terms and conditions relate to Version 102 and are subject to amendment - please refer to our website at www.bbr.com/terms for the latest version or contact us on +44 (0)800 280 2440. Contact us;

• Telephone, on +44 (0)800 280 2440
• By e-mail to bbr@bbr.com
• By Post, please complete the specific order form in the relevant brochure and send it to
  Berry Bros. & Rudd,
  Houndsmills
  Basingstoke RG21 2BR