GeneralTerms & Conditions
BERRY BROS. & RUDD Terms and Conditions vs 115 (4)
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 ("the Customer" or "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 ("Berry Bros. & Rudd”, “we” or “us”).
You can contact us by telephoning our Customer Service team on 0800 280 2440, by email to firstname.lastname@example.org or by post to Berry Bros. & Rudd, FREEPOST BZ747, Basingstoke, Hampshire RG21 2BR. Telephone calls may be recorded.
- How to order
- Our contract with you
- Description & Prices
- How to Pay
- Payment terms and non-payment
- Gift Vouchers
- Cellar Plan
- Quality Guarantee and Policy
- Receipt of Goods
- Export Orders
- Return of Goods/Cancellation
- En Primeur Cancellations
- Your right to end the contract
- Wine Tasting & Dinner Tickets
- Wine School
- Sale or Return
- Glassware, Accessories & Books
- Exchange of Gifts
- Verification Checks
- Distance Selling Code of Practice
- Customers' Private Reserves
- Other services, exclusive offers and vouchers etc
- Mystery Cases
- Daftmill Ballot
- Allergen Information
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 the Company’s age verification policy and to comply with UK licencing law, attendees may be asked to produce photographic identification with proof of age. If you are not able to do so, you may be refused entry.
You may order wines, spirits or other goods or order tickets to wine tasting(s), dinner services, our Wine School services or other services by the various methods mentioned below (unless stated otherwise). You have a right to cancel such orders, 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 email@example.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,
Basingstoke, Hampshire RG21 2BR
(No stamp is required if posted within the UK).
- The Customer will be contacted by either email, letter or telephone and payment must be arranged immediately. Notice will be given at this time that at the next contact for payment an administration fee will be charged.
- If after 60 days from the invoice date the debt remains unpaid, an administration charge will be applied to the Customer’s account.
- Should the debt still remain unpaid at 90 days from the invoice date, a further administration charge will be applied to the Customer’s account.
- We reserve the right to carry out any additional or other methods to recover the debt, including issuing proceedings.
- Preferred method for overdue payment is debit card or bank transfer. We also accept credit card but may levy a surcharge to cover handling and administration costs as follows: Mastercard/Visa 2% of total invoice inc VAT and American Express 2.6% of total invoice inc VAT.
- Gift vouchers cannot be used to discharge indebtedness on previous orders or in respect of accounts held at Berry Bros. & Rudd, or 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.
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. You may not be admitted if you do so.
If we are unable to accept your order, we will inform you of this and will not charge you for the goods. This might be because certain goods are out of stock, because a credit reference we have obtained for you does not meet our minimum requirements, because we have identified an error in the price or description of the goods or because we are unable to meet a delivery deadline you have specified.
Description & Prices
The description and prices payable for the items or services that you order are set out in our emails, price list, brochure and/or website. If, by mistake, we have underpriced 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, if 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 to pay the correct price in which case we will proceed with your order. In the event that you have been overcharged for an item, 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.
Unless otherwise stated, prices listed for wines are quoted per bottle and per case, and include VAT at the current rate.
Prices are subject to currency and market fluctuations, changes in duty and VAT as well as stock remaining unsold. 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 your bank to speed up this process if the order is required urgently. Credit cards are always debited in Pound Sterling (GBP). 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.
Payment terms and non-payment
Standard payment terms:Our standard policy is to process payment at the time of ordering. On occasion, this may not be required, for example, when a Cellar Plan customers is purchasing within their three months’ Cellar Plan credit allowance, or for orders for Fine Wine offers, or when a consented payment method has not been registered. In such instances, we will confirm customer orders for a wine allocation and then request payment within seven days by bank transfer or payment card. If payment is not received, we reserve the right to cancel the allocation.
On occasion, we do offer credit terms to customers. If you would like to discuss this, please contact your Account Manager or contact Customer Service on 0800 280 2440.
Our Cellar Plan Credit Policy: Cellar Plan members can use a maximum of three months’ advance Cellar Plan payments as credit to help fund purchases from Berry Bros & Rudd. However, if the outstanding balance exceeds this advance credit amount, customers are required to make a payment in accordance with our Standard Payment Terms.
BBX payment terms: Purchases cannot be acquired on credit terms as BBX is a marketplace platform, so payment is required at point of ordering. For high-value purchases exceeding card payment limits, we will hold your order for five working days to allow for a bank transfer. Should funds not be received within five days, we would be obliged to cancel the order.
Registering a default payment card: In order to make payment as simple as possible we recommend that customers register a default payment card with us. This can be done by logging in to your online account and clicking on ‘Your Payment Details’. If you have never logged into your online account then you simply need to click the 'Forgotten your password' link to set your own password.
With your permission, we can automatically charge your default card, either at the time or shortly after confirming your allocation. If you would like us to do this, we do require your consent, which you can give by emailing firstname.lastname@example.org. Please do not include your credit card details within this email.
Consent to charge your payment card: Unless you instruct us otherwise, permission to charge your card will be valid until your card’s expiry date. We will notify you when your card is nearing its expiry date so that you can add a new default payment card. We will charge your card at the point when your payment is due. We are authorised to charge up to £25,000 in a single transaction; values above this will be taken in multiple transactions on the same day. Your consent to charge your payment card applies to all transactions (both on- and offline), and to all products and services.
Late payment: If payment is not received by the requested due date, we may charge interest on the overdue amount at the yearly rate of 4% above the base lending rate of the Bank of England. This interest shall accrue on a daily basis from the due date until the date of actual payment (in cleared funds) of the overdue amount, whether before or after judgment. If demanded the Customer must pay us interest together with other debt collection charges incurred and the overdue amount.
Debt collection for non-payment: Without limiting our right to recover any sum due from the Customer at any time, we may, at our sole discretion, invoke our debt collection process as follows:
Recovery of amount due from a Customer’s Private Reserve: Where a Customer has a Private Reserve account and there is an amount due to us, then the provisions set out under the paragraph “non-payment” in the section on “Customer’s Private Reserves” below shall apply, allowing us to recover the amount due from sale of the Customer’s wines.
Gift vouchers may be redeemed in Berry Bros. & Rudd’s shops in the UK, through our mail order and telephone order services, and through Berry Bros. & Rudd’s website at 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 this may invalidate the voucher.
When redeeming gift vouchers in Berry Bros. & Rudd’s shops or through our 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 Customer’s Berry Bros. & Rudd account. Where the Customer does not already have a Berry Bros. & Rudd account, an account will be created and the difference will be credited to the new account.
Standard and Specified Date services: Orders of £200 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 £200 (excluding delivery charge and/or purchases of tasting tickets, gift vouchers and wines bought en primeur or in bond); this is chargeable at £10.00 per delivery address for Standard and Specified Date deliveries within the UK. Please note that deliveries cannot be consolidated after they have been placed, with a delivery fee applying per individual order. Tickets for Berry Bros. & Rudd 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 £15.00 per delivery address, whatever the value of your order. We also offer Saturday delivery at a charge of £15.00 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 £25.00 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.
We are able to make deliveries to Northern Ireland, the Isle of Man, the Isle of Wight, the Scilly Isles and some areas of Scotland at a charge of £25 per delivery. Next Working Day, Saturday, Specified Day and Pre-10am delivery services are not available in these areas. Please contact us for details.
If you stipulate at the time of placing your order, it is possible collect from 4 St James’s Street or our Warehouse Shop in Basingstoke. Your order will be available for collection for 14 days from the date on which your order is accepted, after which it will be returned and your account will be refunded, please allow 28 days for this. Wines returned to a Customer’s Private Reserve will incur an administration fee of £7.50 per product. Photographic identification is required for the collection of all orders.
The minimum monthly payment, by direct debit, is £100. You can make additional payments or change your monthly payment at any time through our website or by telephone. Non-UK customers will be able to pay by credit card.
Cellar Plan customers receive preferential storage rates.Storage charges are £12.60 inc. VAT per case per year. We can only accept unmixed cases into Customers' Private Reserves.
Cellar Plan holders wishing to withdraw wines from their Cellar Plan should allow between 3-5 days’ notice before despatch or collection. Delivery is free within mainland UK*, provided the consignment is at least one case. Deliveries of less than a case are charged at £10 per consignment. *See delivery terms for outside mainland UK.
All purchases of wines and spirits and other goods and services from Berry Bros. & Rudd are subject to Berry Bros. & Rudd’s standard terms of sale in addition to any terms stated on our website. You may have a right to cancel any order. Please refer to the standard Terms and Conditions for further details.
Surplus monies on Cellar Plan accounts: All payments into the Cellar Plan are to be used solely for the purchase of wines and spirits into your Cellar Plan. If a purchase has not been made for 12 months or the funds accrued equal or exceed the value of 12 months’ Cellar Plan payments we reserve the right to make discretionary purchases based on your preferences or cancel your Cellar Plan and related benefits. All funds will be held in an undesignated account in the name of a company within the Berry Bros. & Rudd group and will be a debt owed by us 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, in the first instance, offer a replacement bottle; or if we are unable to replace the bottle from our stocks, we will offer a credit to the replacement value of the wine. We will ask for 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 email@example.com and we will be happy to make arrangements to have the wine collected and tested.
Where wines are submitted to us for purchase by Berry Bros. & Rudd or for sale on BBX please refer to Berry Bros. & Rudd’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 5 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 email firstname.lastname@example.org
All wines and spirits and other goods are subject to availability. When selecting the wines or other goods from 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.
All wines and spirits or other goods ordered remain the property of Berry Bros. & Rudd or its associates until payment is received in full. Title to the goods shall not pass to the Customer until we receive payment in full (in cash or cleared funds) for those goods and any other goods that we have supplied to you in respect of which payment has become due.
Goods will become your responsibility from the time we deliver the goods to the address you gave us or you/a carrier organised by you collect them from us.
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 the time of placing the order.
All overseas orders will be re-packed in export cartons for safe transit; we may be able to arrange to ship original cases if requested when the order is placed.
Please contact us on 0800 280 2440 or email email@example.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 14 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. You can tell us you want to cancel your order by emailing us at firstname.lastname@example.org, by post, by printing off the model cancellation form and posting it to Berry Bros. & Rudd, FREEPOST BZ747, Basingstoke, Hampshire RG21 2BR. Any cancelled order will be refunded as soon as possible, usually within a week, but in any event within 30 days. A charge of £10 for collections will be payable in the UK. If the order has been exported, upon cancellation the customer will be liable for all delivery charges incurred, and applicable taxes will also be charged back to the Customer. 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 email@example.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 and conditions relating to en primeur and Customer’s Private Reserves visit www.bbr.com/terms or contact us on 0800 280 2440.
Your right to end the contract
You can end your contract with us by cancelling your order (see above), if the product you have bought is faulty (see "Quality guarantee and policy") (in which case you may be due a refund), or because of something we have done or told you which we are going to do. This could be that we have told you about an upcoming change to these terms or any specific terms governing your purchase, which you do not agree to; or if we have told you about an error in the price or description of the goods you have ordered and you do not wish to proceed. See "Return of goods/cancellation" for further details of how to cancel.
On occasion, and at 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 Berry Bros. & Rudd. Please note that this arrangement is not part of BBX (Berry Bros. & Rudd Broking Exchange) and should be regarded as a separate arrangement to which these conditions apply.
In agreeing to Berry Bros. & Rudd’s broking terms, you are authorising and granting Berry Bros. & Rudd to have a two week exclusivity period to offer the wine for general sale. We will agree a price that 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, Berry Bros. & Rudd will contact you to discuss a renewal of the period, a price adjustment, 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) onto Berry Bros. & Rudd premises and that the condition of the wines is, in the opinion of Berry Bros. & Rudd, as agreed and suitable for resale. Typically, if you are offering wines for broking from outside Berry Bros. & Rudd’s storage facility then the wines must be in original wooden case (OWC) and in good condition (see Berry Bros. & Rudd’s “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 from you, by written notice to you (including by email). 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 cannot be sold or the contract is cancelled), transportation to you of the wine will be at your expense using Berry Bros. & Rudd’s standard delivery charges.
Wine tasting and dinner tickets
In the event of cancellation by the Customer, full refunds will only be given if we are notified at least 7 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’s ticketed events must be 18 years or older. In line with Berry Bros. & Rudd’s age verification policy and to comply with UK licencing law, attendees may be asked to produce photographic identification with proof of age.
In the event of cancellation by the Customer, 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 firstname.lastname@example.org 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. The item must be returned to either our London or Basingstoke shops where an alternative product or gift vouchers to the value of the gift 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.
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.
Distance Selling Code of Practice
Berry Bros. & Rudd is a member of the Distance Selling Code of Practice, as set out by the Wine & Spirit Trade Association. 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 Trade Association, International Wine & Spirit Centre, 39-45 Bermondsey Street, London, SE1 3XF.
Customers' Private Reserves
Our state-of-the-art, secure, bonded warehouses are strictly controlled environments: temperatures are regulated to within half a degree, and movement of stock is kept to a minimum. Before entering the warehouses, bottles and their original packaging are assessed, checked and gently acclimatised to ensure we can guarantee the perfect condition of everything we store. For added peace of mind, all wines are insured at replacement value.
To be eligible for storage in our warehouses, cases must be complete and in their original packaging. We can only accept wines from HMRC registered, UK warehouses. 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 annually in advance. Our current standard storage charge is £13.80 (inc. VAT) per case per annum; Cellar Plan members benefit from a reduced charge of £12.60 (inc. VAT) per case per annum. 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 on giving prior notice of not less than 30 days to the customer. Photographs of the wine in your reserves can be provided and will be charged at £12 per case, regardless of case size.
The minimum annual charge for storing wine with Berry Bros. & Rudd is £41.40. This amount can be used to cover rent for the first three 12-bottle cases (or equivalent) that you have in your Private Reserve, including any under beneficial ownership.
Customers receive annual notification of the maturity of wines with further advice and valuations available on request. When withdrawing stock, delivery within the UK mainland 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 (Next Working Day, Saturday and Pre-10am) are chargeable at the prevailing rate. Please note that Standard 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. Next Working 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 five 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 is not liable for any loss of condition or decline in market value due to natural processes, ullage, or being cellared too long. NB 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 the Customer’s risk. Additionally, once a wine’s maturity code has changed to “W” Berry Bros. & Rudd has no liability for its condition from 12 months after the maturity code has changed.
BBX: 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. 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. Stock can be transferred into our warehouses from another bonded warehouse subject to an administration fee of £7.50 per case. Delivery to a UK bonded warehouse will incur a charge of £15 for the first case and £1 per additional case. Contact us for details.
You hereby agree that Berry Bros. & Rudd may contact you to make an offer to purchase 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 email@example.com or call (+44) 1256 247 900.
We may terminate your cellarage upon not less than three 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 any time prior to seven working days of the expiry of the relevant rental year. If you fail to do so then, in addition to our right of sale for non-payment (see below), we reserve the right to dispose of, 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 replacement stock not be available at our estimated value.
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. In the event of non-payment, within 30 days from the date of the rent invoice sent to the Customer’s last known address or at our sole discretion at the end of our debt collection process, we reserve the right to recover all sums due from the Customer by either a) selling at our discretion some or all of the Customer’s wines and spirits and to deduct from the proceeds of sale all outstanding sums due 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 authorises 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 and credited to the Customer’s account and may be utilised to settle any other amounts due to us from the Customer and any surplus refunded to the Customer pending receipt of the Customer’s written request for payment. Should the proceeds of sale not cover the amount due from the Customer we reserve the right to recover the balance from the Customer.
If we exercise our right to sell any wines held in the Customer’s Private Reserve as referenced above, we may do so through BBX (Berry Bros. & Rudd’s Broking Exchange) and the Customer authorises us to do so on the Customer’s behalf. We reserve the right to select the Customer’s wines to be listed for sale on BBX from the Customer’s holding with us and an administrative listing fee of £30 will also be charged. In order not to affect the value of the Customer’s wine holding we will only list full case quantities for sale and not single bottles or split cases. This could mean we are listing wines in excess of the value of the outstanding debt. The Customer’s selected wines will be listed on BBX at prices based on Wine-Searcher/Livex price for that day. Where no Wine-Searcher/Liv-ex price is available we will be entitled to list your wines at the estimated market rate, at our sole discretion. You will be informed of the listing price by email or post. As we will be listing wines on BBX on the Customer’s behalf, we reserve the right to accept any reasonable bid made for your wines. We will ensure that only the best market rate bids on your wine placed through the BBX system are accepted. However, we cannot be held liable for any market variation should the Customer’s wines be sold at less than the original value or the price paid by the Customer for the wines.
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 on 01256 247 900 or by email: firstname.lastname@example.org
Allergen information is available upon request; please contact our Customer Services team for assistance by calling 0800 280 2440 or by emailing email@example.com. Allergen information regarding our Private Wine Events menu can be found here.
Other services, exclusive offers and vouchers etc
Unless specified otherwise, promotional vouchers cannot be used in conjuction with any other promotions or offers. Promotional vouchers may not be used to purchase events, En Primeur or In-bond wines or wines listed on our BBX Broking platform. Promotional vouchers cannot be used as payment for Duty and VAT on wines for delivery from customers' private reserves. Promotional vouchers cannot be exchanged for cash or credit and 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.
Promotions and special offers
Unless specified otherwise, promotions and special offers cannot be used in conjuction with any other promotions, promotional vouchers or offers. Promotions and special offers may not be used when purchasing events, En Primeur or In-bond wines or wines listed on our BBX Broking platform.
Virgin Atlantic Airways Mix & Match
The Virgin Atlantic Airways Mix & Match exclusive offer is subject to stock and only valid on selected Mix & Match products.
Cases of wine bought as ‘mystery cases’ are subject to our standard terms and conditions. Each case will contain 12 x 75cl bottles of wine with a guaranteed minimum value (see specific offer for details), however we cannot guarantee the exact contents of individual cases, or whether they will include red, white, rosé, sparkling or fortified wines. Due to the nature of this offer, bottles may only be returned if they are faulty, in which case they are subject to our standard terms and conditions.
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 in the English courts.
Nothing in these terms and conditions limits or excludes your statutory rights as a consumer. These terms and conditions relate to Version 115 (4) and are subject to amendment – please refer to our website www.bbr.com/about/terms for the latest version or contact us on 0800 280 2440.
Telephone: 0800 280 2440
Post: Berry Bros. & Rudd, Hamilton Close Houndsmills Basingstoke RG21 2BR