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 privately stored wines to other customers, and to buy privately stored wines from other customers, where those wines are held in Berry Bros. & Rudd's UK bonded warehouses. 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 online only service and therefore your use of this service is subject to Berry Bros. & Rudd website terms and conditions, privacy policy and terms appearing specifically on the BBX webpages, in addition to 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 Berry Bros. & Rudd who has placed an order for wine with Berry Bros. & Rudd which is stored by Berry Bros. & Rudd or you already have wines stored with Berry Bros. & Rudd; and
  • Register with Berry Bros. & Rudd as a BBX seller by completing the online registration found on the BBX webpage.

Following approval of your registration, Berry Bros. & Rudd will email to confirm you are a registered BBX seller. Berry Bros. & Rudd 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 Berry Bros. & Rudd withdraw the BBX service for any reason.

 

Eligibility of your wines held by Berry Bros. & Rudd:

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


  • physically located in Berry Bros. & Rudd's temperature-controlled warehouses
  • In Bond
  • 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 Berry Bros. & Rudd records as owning the wines in Berry Bros. & Rudd warehouse (in BB&R terms you must be both the “account payer” and “beneficiary”); and
  • In good condition, as determined by Berry Bros. & Rudd at its absolute discretion. Berry Bros. & Rudd is committed to retaining the highest levels of quality and standards of product and all wines will be subject to Berry Bros. & Rudd's rigorous quality control process. Please refer to Berry Bros. & Rudd's Inspection Guidelines which are available on request.

 

Eligibility of your other wines:

Subject to Berry Bros. & Rudd approval and setting up a Customers' Private Reserves (CPR) account with Berry Bros. & Rudd (and agreeing to the terms and conditions relating to a CPR account) you may introduce wines not currently held by Berry Bros. & Rudd 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 Berry Bros. & Rudd's temperature-controlled warehouses as part of your CPR
  • The wine must remain in bond
  • You must pay a fee of £7.50 per case to cover receiving/handling into our warehouse, inspection and administration
  • You must pay all CPR account fees to Berry Bros. & Rudd.

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
  • Be owned by you
  • Be in its original packaging (wooden case or otherwise)
  • Be in good condition as determined by Berry Bros. & Rudd in its absolute discretion. Berry Bros. & Rudd is committed to retaining the highest levels of quality and standards of product and all wines will be subject to Berry Bros. & Rudd's rigorous quality control process. Please refer to Berry Bros. & Rudd's Inspection Guidelines which are available on request.

Berry Bros. & Rudd 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 Berry Bros. & Rudd then you shall be deemed to have agreed to Berry Bros. & Rudd 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 Berry Bros. & Rudd as referred to in the above paragraph Berry Bros. & Rudd shall inform you as soon as is practical and if such claim:


  • Occurs before that wine is sold through the BBX service then Berry Bros. & Rudd:
    • 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 Berry Bros. & Rudd as to ownership;
    • Notwithstanding the above, if the third party produces to Berry Bros. & Rudd sufficient evidence of its ownership or a court order or other legal process for the delivery up of the wine then Berry Bros. & Rudd 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 Berry Bros. & Rudd has yet to pay you for the wine, Berry Bros. & Rudd shall be entitled to retain such sums until you and the third party have resolved the claim and have provided sufficient evidence to Berry Bros. & Rudd as to ownership at which point Berry Bros. & Rudd shall be entitled to pay the person who has proved ownership.

You hereby agree to reimburse, on demand and on a full indemnity basis, Berry Bros. & Rudd for any claims, costs, liabilities and expenses incurred as a result of a third party claim referred to above or in connection with Berry Bros. & Rudd 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. Berry Bros. & Rudd 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 Berry Bros. & Rudd’s reasonable opinion, the price set is far below or far in excess of the market value of the wine.

You may vary the price of any case at anytime through your online account, provided it is 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 email 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

Berry Bros. & Rudd shall give you access to an online valuation guide to help you set the price for your wine. The valuation guide shall comprise a combination of Berry Bros. & Rudd 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. Berry Bros. & Rudd shall use its reasonable endeavours in the collation of these valuations however the valuation guide is illustrative only and Berry Bros. & Rudd does not guarantee or warrant the contents of the guide nor shall Berry Bros. & Rudd be responsible for your reliance upon it.

BBX sale List

Berry Bros. & Rudd shall make the sale list available online for all its customers through Berry Bros. & Rudd’ online search engine. Customers looking for wines can search the BBX list and Berry Bros. & Rudd's own wines. The BBX list will show all the wines you have listed for sale together with all other BBX sellers’ wines. It may be that other BBX sellers and or Berry Bros. & Rudd will be selling the same vintage wine at the same time as you, therefore all BBX wines will appear in any search results in the same way as a Berry Bros. & Rudd wine.

As each BBX seller sets their own price for their wine independently of Berry Bros. & Rudd and a search for a specific wine may show that wine being sold at different prices, Berry Bros. & Rudd shall be under no obligation to vary its current wine price list or the manner in which Berry Bros. & Rudd 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 wine on BBX and Berry Bros. & Rudd's brokerage service.

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

We will act as agent to arrange the transaction between the seller and the buyer. We will at no time take title to or ownership of the wine. Title will pass to the buyer from the seller on completion of the transaction. A commission of 10 percent of the sale price allocated by the seller will be paid to BBX. 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.

You authorise us, as your agent, to agree a lower selling price on your behalf with the buyer, provided that the reduction in the sale price is matched by an equal reduction in the amount of our commission, so that the sale price net of commission remains the same.

If the purchaser defaults on payment or cancels the purchase, then our purchase from you will not be completed and your BBX wines will remain in your ownership. We will advise you by email 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 is 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 wines on BBX.

Eligibility:

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

Purchases

Purchases of BBX wines shall be from Berry Bros. & Rudd and will be subject to Berry Bros. & Rudd’ 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 Berry Bros. & Rudd 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 Berry Bros. & Rudd at a different or lower selling price so customers are advised to search the Berry Bros. & Rudd' 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 Berry Bros. & Rudd wine is incorrect Berry Bros. & Rudd 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 Berry Bros. & Rudd’ 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 Berry Bros. & Rudd 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.