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General Terms & Conditions 113(3)

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
Our contract with you
Description & Prices
How to Pay
Gift Vouchers
Delivery
The Wine Club
Quality Guarantee
Receipt of Goods
Substitutes/availability
Ownership
Export Orders
Return of Goods/Cancellation
En Primeur Cancellations
Broking
Wine Tasting & Dinner Tickets
Wine School
Sale or Return
Glassware, Accessories & Books
Exchange of Gifts
Privacy Policy
Verification Checks
The Wine by Mail Order Code
Privacy Policy
Customers' Private Reserves
Social Media Offers
Other services, exclusive offers etc
Applicable Law

How to order
It is against the law to sell or supply alcohol to anyone under 18 years of age in the UK. By placing an order you confirm that you are at least 18 years old.

All attendees of Berry Bros. & Rudd ticketed events must be 18 years or older. In line with BBR's Age verification Policy and to comply with UK licencing law, attendees that look under the age of 18 will be asked to produce photographic identification with proof of age.

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 0800 280 2440
  • Via our website at www.bbr.com
  • By e-mail to bbr@bbr.com
  • By Facebook at www.facebook.com/berryswine
  • 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 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 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.

Prices listed for wines are quoted per bottle and per case, unless otherwise stated and include VAT at the current prevailing rate. 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' or interbank transfers (by arrangement). 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. Please allow 7 days for cheques to clear and we will not process the order until cleared funds are received unless specifically agreed otherwise in writing. For authorised 30 day credit accounts, we will not accept credit card payments to clear the balance outside the credit terms.


Gift Vouchers

Gift vouchers may be redeemed in Berry Bros. & Rudd’s shops in the UK, and through the company’s mail order and telephone order services, and through Berry Bros. & Rudd’s website www.bbr.com.

When redeeming gift vouchers on www.bbr.com or through Berry Bros. & Rudd’s telephone ordering service you will be prompted to give the code beneath the scratch off panel on the front of the gift voucher. Please ensure you do not remove the silver panel until prompted because once the scratch-off panel has been tampered with or removed this gift voucher can no longer be redeemed in any of the company’s shops or through its mail order service.

When redeeming gift vouchers in Berry Bros. & Rudd’s shops or through the company’s mail order service the scratch off panel must be intact and not removed.

Berry Bros. & Rudd Gift Vouchers can be exchanged for goods listed by Berry Bros. & Rudd. When the price of the goods is lower than the value of the gift voucher, the difference will be credited to the buyer’s Berrys’ account.

  • Gift Vouchers cannot be used to discharge indebtedness on previous orders or in respect of accounts held at Berry Bros. & Rudd, nor any of its associated companies.
  • Gift Vouchers cannot be exchanged for cash or credit.
  • Damaged or defaced gift vouchers cannot be redeemed or refunded. Once the scratch-off panel has been tampered with or removed the gift voucher can no longer be redeemed in any of the company’s shops or through its mail order service.
     
Delivery

Standard and Specified Date services: Orders of £100 or more (per delivery address) are delivered free of charge throughout the UK for standard and Specified Date deliveries. We normally deliver between 9am and 5pm Monday to Friday within 5 working days from receipt of order. We offer a delivery service for orders of less than £100 (excluding delivery charge and/or purchases of tasting tickets, gift vouchers and wines bought en primeur or in bond) per delivery address throughout the UK; this is chargeable at £7.50 per delivery address for standard and Specified Date deliveries. Tickets for BB&R events are delivered by post free of charge.
 
Premium Services (Next Day, Saturday, Pre-10am): We offer a next working day (Monday to Friday) UK delivery service provided we receive your order by 12 noon. This service is offered at a charge of £12.50 per delivery address, whatever the value of your order. We also offer Saturday delivery at a charge of £12.50 per delivery address, whatever the value of your order – please ensure your order arrives with us by 6pm the previous Thursday. Furthermore, we offer a Pre-10am (Monday to Friday) delivery service at a charge of £15.00 per delivery address, whatever the value of your order. We cannot guarantee morning deliveries unless a Pre-10am delivery is specified. Stock in our London Shop is available for delivery within the M25 at a charge of £15.00 per delivery address. 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 or where the customer is not available or not present to take receipt of the delivery.
 
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, are offered free of charge but with a minimum order value of £100 (excluding delivery charge and/or purchases of tasting tickets, gift vouchers and wines bought en primeur or in bond). We regret that we cannot deliver items below £100 to these areas. Furthermore, Next Day, Saturday, Specified days and Pre-10am delivery services are not available in these areas. Please contact us for details. 


The Wine Club
Please see www.bbr.com/wine-club 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 or mixed cases 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 and Policy
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 0800 280 2440 or email us at bbr@bbr.com and we will be happy to make arrangements to have the wine collected and tested.

Where wines are submitted to BB&R for purchase by BB&R or for sale on BBX please refer to BB&R’s “Inspection guidelines”.


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 0800 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 0800 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 0800 280 2440 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. View our FAQs  and specific terms & Conditions relating to En primeur and Customers' Private Reserves  or contact us on 0800 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 and granting 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 (see BB&R “Inspection Guidelines”). The Brokerage service only applies to wine by the case and not individual bottles. It does not apply to a mixed case unless specifically agreed otherwise. We may introduce additional terms and conditions in relation to the brokerage service which will be advised to you at the time.

Where the purchaser cancels the sale contract (where they are permitted by law to do so) we have the option to cancel the contract for the purchase of the wine form you, by written notice to you (including e-mail). 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 or the contract cancelled), transportation to you of the wine 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.

All attendees of Berry Bros. & Rudd ticketed events must be 18 years or older. In line with BBR's Age verification Policy and to comply with UKlicencing law, attendees that look under the age of 18 will be asked to produce photographic identification with proof of age.



Wine School
In the event of cancellation full refunds will only be given if we are notified at least 8 weeks before the date of the first session. Refunds will only be given after this time if we are able to re-sell your place.


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.


Glassware, Accessories & Books
We regret that glasses, accessories and books cannot be sent to overseas addresses. Please contact us on 0800 280 2440 or email bbr@bbr.com for more information.


Exchange of Gifts
We are only able to accept returned gifts and arrange refunds where this is sought by the purchaser with evidence of the relevant sales receipt and only 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 of the gift, 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/privacy or write to: Janet Impey, Company Secretary, Berry Bros. & Rudd, 3, St. James’s Street, London, SW1A 1EG.


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 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 on standard and Specified Date services provided the consignment is of at least one unmixed case. Where part of a case is delivered, a £10 administration charge will be applied to each part case delivered per delivery address. Premium Delivery Services are chargeable at the prevailing rate. Please note that deliveries to Northern Ireland, The Isle of Man, The Isle of Wight, The Scilly Isles and some areas of Scotland, whilst free of charge, may take longer and therefore the Next Day, Saturday, Specified Date and Pre-10am delivery services are not available in these areas.

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. If stock is withdrawn within a month of the rent invoice date the rental charge will be refunded.

Limitation of Liability: Berry Bros. & Rudd are not liable for any loss of condition or decline in market value due to natural processes, ullage, or being cellared too long. N.B. Wines currently marked “W” (which in our opinion should be withdrawn for immediate consumption) may suffer in time from ullage/ low levels and are held at customers’ risk. Additionally, once a wine’s maturity code has changed to “W” BB&R has no liability for its condition 12 months after the maturity code has changed.

BBX - 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. Subject to approval by Berry Bros. & Rudd, where stock has been declined eligibility for listing on BBX, we may offer to continue to store the stock in Private Reserves recorded as “ineligible for listing on BBX”.

If you transfer the ownership of wines an administration charge of £15 will be applied per request. For the physical transfer of bonded wines a £15 delivery charge will be applied per delivery. If stock not purchased from BB&R is accepted into reserves an administration fee of £7.50 per case will apply. Contact us for details.

You hereby agree that BB&R may contact you to make an offer to purchase from any of your wines held in your Private Reserves or to advise you of a potential third party purchaser, to opt out of this service, please visit your account online at www.bbr.com, email finewine@bbr.com or call (+44) 1256 247 900.

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 anytime prior to 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.

Change of address: It is the responsibility of customers to notify us promptly of any change in their contact details.

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 either a) 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 or b) take back and incorporate as our stock some or all of the customer’s wines and spirits and to credit against the sums due from the Customer what we reasonably believe to be the current market value of the wines taken back less 8%. In either case the customer hereby authorise us to sell its wines as its agent and agree that ownership of the wine will transfer to the purchaser or to us as the case may be. We shall not be responsible or liable for any difference in the proceeds of sale or allocated value had the wine been sold through a third party or valued by a third party. Where we sell the wine for more than the sum due from the customer 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.

Limitation of liability: Berry Bros & Rudd are not liable for any loss of condition or decline in market value due to natural processes, ullage or being cellared too long. N.B. wines marked “W” (which in our opinion should be withdrawn for immediate consumption) may suffer in time from ullage/low levels and are held at customers’ own risk.

For any further advice, please contact the Fine Wine team.


Social Media Offers
Berry Bros. & Rudd offers other services, exclusive offers, discounts, promotions etc. via Facebook, hereafter referred to as ‘Facebook Exclusive Offer’. Such matters shall be subject to the below terms and conditions relating to such matters in addition to the standard Berry Bros. & Rudd terms and conditions. These terms and conditions can be viewed at www.bbr.com/terms, by emailing your request to bbr@bbr.com or by requesting a copy by telephoning 0800 280 2440.

The offers listed on Facebook are available while stocks last, and can only be availed of through our Facebook page. Berry Bros. & Rudd reserve the right to withdraw the offer at any time.The offer is limited to one offer per person.

It is against the law to sell or supply alcohol to anyone under 18 years of age in the UK. By placing an order you confirm that you are at least 18 years old. We ask that you don’t share our Facebook posts with anyone who is under the legal drinking age in their country or whose country prohibits the consumption of alcohol.

To request an order form for a Facebook Exclusive Offer, please reply in the comments with an email address to receive the order form; or send a private message to the official Berry Bros. & Rudd Facebook Page (https://www.facebook.com/berryswine) with an email address to receive the order form and a confirmation of the product to be purchased via Facebook Special Offer. We will not share your email with any other companies.

If the message is from a user deemed eligible to participate based on constraints indicated in the Facebook Exclusive Offer post published on the Berry Bros. & Rudd Facebook Page (e.g. received within the time constraints of the offer, product is still available) and the purchase is within all applicable terms and conditions and laws, Berry Bros. & Rudd will contact the user at the email address supplied with an order form. Once the order form has been submitted, it will be reviewed and Berry Bros. & Rudd will confirm if it has been accepted.
Gift vouchers may not be used for any Facebook Exclusive Offer.Premium delivery services are not available for any Facebook Exclusive Offer.We will not deliver orders of any Facebook Exclusive Offer outside of the United Kingdom. Export orders are excluded from any and all Facebook exclusive offers.

Returns will not be accepted on orders of any Facebook Exclusive Offer unless a wine is corked or faulty.

Calls may be recorded.


Other services, exclusive offers etc
From time to time Berry Bros. & Rudd may offer other services, exclusive 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 exclusive offers, discounts, promotions you agree to be bound by such additional terms and conditions.


Applicable Law
These Terms and Conditions will be subject to the laws of England and Wales. We will try to solve any disagreements quickly and efficiently. If you are not happy with the way we deal with any disagreement and you want to take court proceedings, you must do so within England.

Nothing in these terms and conditions limits or excludes your statutory rights as a consumer. These terms and conditions relate to Version 111 (2) and are subject to amendment - please refer to our website at www.bbr.com/terms for the latest version or contact us on 0800 280 2440. Contact us;

  • Telephone, on 0800 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