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Terms and Conditions
Revised Duty Charges
Please click here for the most recent information on VAT, and Duty charges.
Allergen Information
Allergen information is available upon request; please contact our Customer Services team for assistance by calling 0800 280 2440 or by emailing bbr@bbr.com. Allergen information regarding our Private Wine Events menu can be found here.
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 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.
Contact us:
Telephone: 0800 280 2440
Email: bbr@bbr.com
Post: Berry Bros. & Rudd, Hamilton Close, Houndsmills, Basingstoke, RG21 2BR
Selling on BBX
What is BBX?
BBX 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.
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.
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.
To list your wines for sale on BBX 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.
To be eligible for sale through BBX 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.
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 within the purchase process or you as a seller has accepted a BBX bid on your cellared wine, 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 any time 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’s 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 two or more BBX sellers then the wine that was listed for sale first will be sold first.
Sale and purchase of wine on BBX
If a purchaser wishes to purchase your BBX wine or you as seller accepts a BBX bid, an order will be placed 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 be paid to the account of your choosing within 10 working days of the completion of the order, subject to being paid in full by the purchaser.
Please note that the transfer may take up to a minimum of 3 working days to reach your designated account.
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 Berry Bros. & Rudd account or by BACS payment to your bank account the details of which appear in your BBX seller registration. Any overdue debt on your Berry Bros. & Rudd account will be deducted from the sale price net of commission if a BACS payment is made. 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 cellared 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.
Buying on BBX
What is BBX?
BBX 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.
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.
Trade customers are forbidden to place bids on BBX; trade customers can purchase at listed price. Any bids placed will be cancelled and may result in your access to BBX being withdrawn.
Purchases
Purchases of BBX wines shall be from the seller and will be subject to Berry Bros. & Rudd’s 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 by adding to your basket. This service is not available by telephone, post or email. The price for the BBX wine shall be as stated online against the BBX wine you select. You should check the BBX list and search against that wine in Berry Bros. & Rudd’s 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 lower selling price so customers are advised to search the Berry Bros. & Rudd website before making BBX purchases.
By selecting a particular 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 dispatch the item concerned or, in the case where we are not dispatching an item, within seven 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 can only be bought by the case, in bond and for delivery to Berry Bros. & Rudd’s bonded warehouses. Should you require delivery of wine purchased through BBX to another address, 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 and VAT will be charged (calculated on the actual price paid by the purchaser) should you require delivery of the wine.
Purchases
Purchases of BBX listed wines will be added to your basket and standard payment checkout process applied. However, for successful BBX bids, payment will follow settings on your bidder registration that allows either a combination of any credit balance on account and card payment or card payment only.
As BBX purchases are from private customers, no credit can be offered including those customers who have an arranged credit facility with Berry Bros. & Rudd.
Payment
Purchases of BBX listed wines will be added to your basket and standard payment checkout process applied. However, for successful BBX bids, payment will follow settings on your bidder registration that allows either a combination of any credit balance on account and card payment or card payment only.
As BBX purchases are from private customers, no credit can be offered including those customers who have an arranged credit facility with Berry Bros. & Rudd.
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. 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.
Basingstoke Shop Loyalty Card
You will receive one stamp for each visit to the Basingstoke Shop where you spend over £100 in one transaction. Upon your sixth qualifying visit in-store, you will receive a 10% saving on your purchase. This saving is not available in conjunction with any other offer, or on wine from our fine wine cabinet or bin-end display. This offer can be removed at the discretion of Berry Bros. & Rudd.
Broking
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.
Cellar Plan
The minimum monthly payment, by direct debit, is £250. 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. If you want to build a cellar with guidance from our experts, there are two options as part of Cellar Plan. You can spend between £250 and £499 a month, and get access to our expert
Cellar Plan Team, who will be on hand to help you with any queries. Alternatively, you can spend £500 or more a month, and you’ll get a dedicated Account Manager to help you build your cellar.
Cellar Plan members receive preferential storage rates. For up-to-date storage costs please visit our wine storage page. We can only accept unmixed cases into our warehouse.
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.
Complimentary case: After a year, and provided 12 consecutive payments of at least £250/£500/£1000 have been made into your Cellar Plan account, ownership of the stated complimentary case of wine will then pass to you. Please note, the complimentary case is In Bond and only applies to the liquid. We will not cover the costs of any taxes applicable (Duty and VAT when withdrawn), premium or internaional delivery charges or, should the wine be sold, the 10% commission on BBX.
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. Cellar Plan has an active membership and so 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 will make contact to discuss termination of the Cellar Plan membership.
Promotions and special offers: Unless specified otherwise, Cellar Plan promotions and special offers cannot be used in conjunction 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 BBX, our fine wine exchange.
Collection
If you stipulate at the time of placing your order, it is possible collect from 63 Pall Mall 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.
Customers' Private Reserves
Our brand-new, state-of-the-art, secure, bonded warehouse is kept in a strictly controlled environment: temperatures are regulated to within half a degree, and movement of stock is kept to a minimum. Before entering the warehouse, 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 full 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, bonded 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. Case pricing is based on a 9-litre case (12 x 750ml bottles). We invoice for the total volume in litres stored with us, and pro-rata the price accordingly. Rent is payable annually in advance. For up-to-date storage costs please visit our wine storage page. 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.
Prior to customers receiving their annual invoice they will be notified to view their cellar and further advice and valuations are 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. If you are looking in your online cellar you can filter and sort by maturity status. Wines marked as “Drink up” (or “W” code on your invoice) should be considered for withdrawal as they 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 with 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. We can arrange to transfer your In Bond wine from the Berry Bros. & Rudd warehouse to another bonded warehouse. This won’t incur any duty or VAT charges. We charge a delivery fee which we calculate per transferred case and based on the destination warehouse. To get an accurate quote please email customergoodsout@bbr.com.
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 email selltobbr@bbr.com.
Insurance: Customers’ Private Reserves are fully 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 personal details: It is the responsibility of the customer to notify us of any change in contact details (telephone, email or postal address). You can do this in your account or by emailing customerservice@bbr.com
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. 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 above), 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.
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, our fine wine 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 with 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 with BBX at prices based on Wine-Searcher/Liv-ex 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 with 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 BBX 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.
For any further advice, please contact Customer Service
2011 Daftmill, Summer Release
The 2011 Daftmill, Summer Release will be available solely through our website and not as part of a ballot.
We regret that due to the very limited availability of these bottles, orders are limited to one bottle per customer and per delivery address.
Any orders which are found to be contravening these limits will be cancelled.
Delivery
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 8am and 6pm Monday to Friday within 3 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.
Premium Services (Next Day, Saturday, before midday): 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 £20.00 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 before midday (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 before midday delivery is specified. Stock in our London shop is available for delivery within the M25 at a charge of £20.00 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.
Withdrawing your wines: It can take up to 2 additional working days to process your request to deliver your wine. During peak times (for instance Christmas) this can take longer but we will communicate this in advance. As a result we do not offer Premium Services for wines withdrawn from your cellar. When you withdraw your wine, you will need to pay Duty and VAT at the current rate, based on the original cost of your wine. If you want to withdraw part of a case, there is an additional charge of £10 (inc. VAT, where applicable) per product.
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 before midday delivery services are not available in these areas. Please contact us for details.
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.
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.
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.
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.
Feedback Forum
The Berry Bros. & Rudd Feedback Forum is a group of customers that have volunteered to test our new products and services. If you would like to sign up email collecting@bbr.com with Feedback Forum in subject line. We reward customers that test with us in a variety of ways. For the reduced BBX commission reward the terms are that the survey has to be submitted successfully by 8am on Monday 20th November and the commission rate will be lowered until 5th January 2024. The reward is only eligible for members of the Feedback Forum.
Gift Vouchers
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.
- 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.
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 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, Hampshire RG21 2BR
(No stamp is required if posted within the UK).
How to Pay
We accept Maestro, Visa, Mastercard, American Express 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. We will not process the order until cleared funds are received, unless specifically agreed otherwise in writing.
Cash Payments
We operate a cash limit in our London and Basingstoke shops. Any purchase where payment is made in cash (either in full or part of total order value) is limited to £5,000. This limit applies for a period of 30 days per customer. Any payment made in cash over £1,000 will need to be placed using a Berry Bros. & Rudd account. If the customer does not have an account, one will have to be created and identification will need to be presented to shop staff.
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.
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 customercard@bbr.com. 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:
- 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.
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.
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: Company Secretary, Berry Bros. & Rudd, 3 St James’s Street, London, SW1A 1EG.
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 bbr@bbr.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".
Other services, exclusive offers and vouchers etc
Promotional Vouchers
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.
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.
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. 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.
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 bbr@bbr.com.
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 10 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 bbr@bbr.com, 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 bbr@bbr.com.
Sale or Return
All sale or return orders must be arranged in advance either through your account manager or by contacting our customer service team. They 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.
Substitutes/availability
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.
Wine School
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.
Wine tasting and dinner tickets
Tutored tasting, lunch and dinner tickets
In the event of cancellation by the Customer, full refunds will only be given if we are notified at least 7 days before the date of the event. Refunds will only be given after this time if we are able to re-sell your tickets.
En Primeur and external tastings tickets
In the event of cancellation by the Customer, full refunds will be given if we are notified at least 7 days before the date of the event. Credits will be given if we are notified less than 7 days before the date of the event.
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.
US Customer Survey competition
The ‘US Customer Survey’ will be open for responses from 9am on 16th September 2024 and shall close for responses at 9am on 25th September 2024. Respondents who have fully completed the ‘US Customer Survey’ during this period, have provided their email address and have indicated that they wish to enter the competition, will be entered into our US Customer Survey Competition.
The competition winner will be drawn at random, from those who have entered, on 25th September 2024 and shall be notified by email on 25th September 2024. The winner shall receive the equivalent of $300 in pounds sterling credited to their Berry Bros. & Rudd account. This credit can only be redeemed against products and services purchased from Berry Bros. & Rudd. There will be no requirement for the competition winner to take part in any post-survey activity.
This competition is only open to customers who were directly invited by email to respond to our ‘US Customer Survey’, and for persons over the age of 18. Strictly one entry per person. You may be disqualified if you are found to be entering multiple times. We hold no responsibility for lost, damaged or incomplete entries.
If the winner of this competition is unable to accept the prize for any reason, or if Berry Bros. & Rudd has not been able to contact the winner, after making reasonable efforts, then Berry Bros. & Rudd reserves the right to award the prize (without notice to the first winner chosen) to an alternative winner after a period of one month. In this case, the first winner chosen shall not be eligible for any share of the prize whatsoever. Berry Bros. & Rudd shall not have any liability in such eventuality.
We reserve the right to provide an alternative prize of an equal value. Berry Bros. & Rudd’s decision will be final; no correspondence will be entered into. Standard Berry Bros. & Rudd terms apply, find out more at http://www.bbr.com/terms. This competition is promoted by Berry Bros. & Rudd, 3 St James’s Street, London, SW1A 1EG and the agreement is governed by the laws of England and Wales.
Updating your stored payment card
Strong Customer Authentication (SCA) makes buying online more secure and reduces the potential for fraud. Regulations have changed meaning debit and credit card issuers will be legally required to verify cardholders’ identities through a process known as 2 factor authentication (2FA). Authentication can be satisfied in many ways with your card issuer. These range from a code sent to your mobile, a phone call to your landline, the use of a card reader or having to log into your banking app to verify the transaction. It’s important that you keep up-to-date contact details with your card issuer. Authentication must be satisfied with the card issuer first before the merchant can request the transaction to be authorised. Once the cardholder has authenticated it’s unlikely they will be repeatedly challenged on subsequent transactions with that merchant. However, customers do have the option to ‘white list’ merchants they shop with online if they want to remove future challenges from the card issuer.
If the transaction is challenged but not authenticated, the card issuer will decline the request for payment authorisation. Your transaction will not be processed. Online merchants like Berry Bros. & Rudd are still able to initiate recurring payments if the customer has stored their card credentials with the merchant. However, a record of the original customer transaction must be stored in order to create the validation flag for subsequent transactions.
Logging onto your BBR account to delete and re-add a stored card will create the necessary transaction identifier. The SCA regulation will not apply to telephone orders, instore purchases, bank transfers or direct debits.
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 or credit card companies as may be appropriate.
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.
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