Terms and conditions
Terms and conditions
Communicating changes to our Terms & Conditions
Berry Bros. & Rudd reserves the right to make changes to these terms including, without limitation, to reflect changes to our products and/or our services, changes in relevant laws and regulatory requirements. Minor changes will be notified to you via the website. Where we make material changes to the terms that will impact you (including, without limitation, changes to our prices), we will provide you with reasonable notice by email and if you do not agree to the changes, you can contact us to end the contract before the changes take effect. In some cases, where you have bought products rather than an ongoing service, you will remain on the same terms despite such changes. We will make clear which contracts are impacted by changes to these terms.
Our liability to all customers
Nothing in these terms and conditions shall limit or exclude our liability for:
- Death or personal injury caused by negligence;
- Fraud or fraudulent misrepresentation; and
- Any matter in respect of which it would be unlawful for us to exclude or restrict liability.
Where Berry Bros. & Rudd stores products on your behalf, 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 (except to the extent any such losses are due to an act or omission of Berry Bros. & Rudd). We provide drinking windows and maturity terms for all wines stored with us. If you are looking in your online cellar or on our app you can filter and sort by maturity status. Wines marked as “Ready - mature” (or “RM” code on your storage invoice) should be cross-referenced to their drinking windows. If you continue to store wines beyond their recommended drinking window Berry Bros. & Rudd will not be liable for any conditions that arise due to extended cellaring (e.g. oxidation).
Our liability to businesses
If you're a business, then, except in respect of the losses described in the 'Our liability to all customers' paragraph above:
- We exclude all statutory implied terms about the quality of goods and services.
- Berry Bros. & Rudd's total liability to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for all losses arising out of or in connection with these terms and conditions and/or our products or services shall be limited to the greater of (i) £2,500; and (ii) the total sums paid by you for the associated products and/or services.
- Berry Bros. & Rudd will not be liable to you for any:
- loss of profit;
- loss of use;
- loss of goodwill;
- loss of business;
- loss of business opportunity;
- loss of anticipated saving;
- loss or corruption of data or information; or
- special, indirect or consequential damage,
suffered by you that arises under or in connection with these terms and conditions and/or our products or services.
Our liability to consumers
If you are a consumer, Berry Bros. & Rudd's liability will be limited in accordance with this paragraph. We will not be responsible for any loss suffered by you that is:
- Unexpected. It was not obvious that it would happen and nothing you said to us before you entered into these terms meant we should have expected it (so, in the law, the loss was unforeseeable).
- Caused by a delaying event outside our control. If our supply of our product and/or services is delayed by an event outside our control (for example, third party shortages of stock, or failure by our delivery partners).
- Avoidable. Something you could have avoided by taking reasonable action. For example, where you do not take action to withdraw wines from our cellar and
- continue to store wines beyond their recommended drinking window, as further set out in the 'Our liability to all customers' section.
- A business loss. Our liability for any loss you suffer in connection with your trade, business, craft or profession is limited in accordance with the 'Our liability to businesses' paragraph above.
Berry Bros. & Rudd's total liability to you, for all losses arising out of or in connection with these terms and conditions and/or our products or services shall be limited to the greater of (i) £2,500; and (ii) the total sums paid by you for the associated products and/or services.
Allergen Information
Some of our foods contain allergens. 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 . Please note that all food served at Berry Bros. & Rudd is prepared in our kitchens where nuts are used and traces of nuts can be found. We regret that we cannot provide a nut-free environment for the preparation of dishes.
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 01.2025 and are subject to amendment.
BBX
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, 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.
Third-party claiming ownership
If a third party claims ownership of any wines you have transferred in to Berry Bros. & Rudd, you shall inform us 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 Cellar 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.
Listing wines for sale with BBX
Once you are registered as a BBX seller you shall be entitled to list any of your eligible wines from your Cellar with BBX. You shall be entitled to withdraw any wines you have listed for sale with BBX 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 bid on your listed wine, you cannot withdraw the wine unless the purchase does not complete for whatever reason.
BBX sale price
When listing any of your wines with BBX, 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 sale if it believes pricing will affect the commercial integrity of BBX 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 by editing your listing, 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. 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 sale 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
By storing your wine with Berry Bros. & Rudd you have access to our valuation guide to help you understand the valuation of your collection and to set the price for any wine you list for sale. 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.
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% 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 listed wine 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 y
our Berry Bros. &
Rudd account or by BACS payment to your bank account the details of which appear in your BBX seller registration area.
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.
Businesses operating on BBX
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 despatch the item concerned or, in the case where we are not despatching 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 our website for all current prices.
BBX wines can only be bought by the case and In Bond. Upon purchase and completed payment the ownership of the case is transferred to you and the case moves to your cellar. Should you require delivery of the wine you can arrange that via the My Cellar section of our website. Please note that Duty and VAT will be charged (calculated on the actual price paid by the purchaser) if you arrange delivery of the wine.
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.
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 as set out in our limitation of liability section above. More details can be found here
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 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 (our fine wine 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 here). 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. Customers without a UK bank account, and therefore unable to use the Direct Debit facility, can pay by credit card on the condition that we are given permission to charge it automatically on a monthly basis. 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.
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 withd rawn), premium or international 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 with BBX.
Collection
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, if your order is being collected by someone other than yourself we must be notified (contact us here) and they must bring photo ID.
Customers' Private Reserves / Customer's Cellar
Our 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 r
eplaceme
nt 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 75cl 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
Storage Service 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, further advice and valuations are available on request. When withdrawing items, 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.
If items are withdrawn within 30 days of the storage invoice date the storage charges will be
refunded
.
Items stored in our warehouse 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.
You hereby agree that Berry Bros. & Rudd may contact you to make an offer to purchase any of your wines held in your Cellar or to advise you of a potential third-party purchaser. To opt out of this service, please email selltobbr@bbr.com.
Change of personal details
It is the customer's responsibility 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 of storage invoice
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:
- selling at our discretion some or all of the Customer’s wines and spirits and applying commission to cover late payment costs.
- 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 10%.
In either case the Customer hereby authorises u
s to s
ell 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. 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 WineSearcher/Liv-ex price for that day. Where no WineSearcher/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.
If you have credit on your balance and u npaid s torage invoice, we reserve the right to clear the debt owed to us from your credit balance.
Third party beneficiaries
Irrespective of whether the items in your Cellar 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 Cellar and shall be solely responsible for all payments and for providing all instructions in relation to the Cellar. 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.
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. 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 items from your cellar for delivery
We do not offer Premium Services for items withdrawn from your cellar. When you withdraw In Bond items, 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, Unit 9 Baden Place, Crosby Row, London, SE1 1YW.
Description & Prices
The description and prices payable for the items or services that you order are set out in our emails, brochures and/or website. If, by mistake, we have under-priced an item or service, we will not be liable to provide that item to you at the stated price provided that we notify you before we despatch the item concerned or, 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 our website for all current prices. Please note prices issued 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
Any products ordered En Primeur must 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 notification by email of the cancellation of the order. Due to the unique nature of en primeur sales we regret that orders cannot be cancelled after this time.
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.
Gift Vouchers
Gift vouchers may be redeemed in Berry Bros. & Rudd’s shops in the UK, over the phone and through Berry Bros. & Rudd’s website at www.bbr.com . When redeeming gift vouchers on www.bbr.com or over the phone 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, 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 sel l or s upply 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 a ttendees 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).
- Telephone, on 0800 280 2440
- Via our website at [ www.bbr.com ](http://www.bbr.com/)
- By e-mail to [ bbr@bbr.com ](mailto:bbr@bbr.com)
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. In such instances, we will confirm the order and then request payment within seven days by bank transfer or payment card. We reserve the right to cancel the order if payment is not received.
BBX payment terms:
Payment is required at the point of order. We will hold your order for five working days for high-value purchases exceeding card payment limits to allow for a bank transfer. Should funds not be received within five days, we will 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 here . 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. We require your consent to do this, which you can give by emailing customercard@bbr.com . Please do not include your credit card details in 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. Furthermore, if a card expires and a new one is issued, consent will be presumed transferred to the new card.
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: 2% of total invoice including VAT for all payment cards (debit or credit)
Recovery of amount due from a Customer’s Private Reserve:
Where a Customer has items stored in our warehouse 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” above 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 (affected by cork taint) 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 refund or 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 simpl e drinking guide to help clarify the optimum drinking time of all our wines. If a wine has been kept too long or stored inappropriately by you (or by us on your instructions), we may not be able to offer a refund and will not be liable to you, as set out in 'Our liability to you' section [insert LINK to top].
I f 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. In order to benefit from our guarantee, you must tell us within a reasonable time of discovery that a p r oduct is faulty and, in any event:
- w here products are purchased from our physical stores, within 12 months of purchase;
- where products are purchased on our website, within 12 months of delivery or collection; or
- where products are stored in our cellars, once withdrawn from our cellars, the shorter of ( i ) the remainder of its drinking window, and (ii) 12 months from withdrawal. For the avoidance of dou b t, where there is no remaining drinking window, there is no guarantee.
If you are a consumer, you have statutory rights if something is wrong with our products and those rights are not affected by this guarantee. Subject to 'Our liability to you' section [insert LINK to above], you have a statutory right to reject our products within 30 days if our products are faul ty and you will be entitled to a full refund. Alternatively, you can ask us to replace the product and, if we're unable to do so, we will offer you a full or partial refund (subject to statutory limitations). Please contact us using the same details above to exercise your consumer rights. For detailed information please visit the Citizens Advice website www.citizensadvice.org.uk .
Berry Bros. & Rudd follows rigorous inspection guidelines on all items which are accepted into our warehouse for on-going sale through our business. We strongly recommend that customers intending to submit such wines to Berry Bros. & Rudd read these guidelines first and pre-inspect their wines before submission as an administration and delivery charge will be applied to any wines rejected and returned. These inspection guidelines set the threshold for what Berry Bros. & Rudd define as minimum acceptability of quality and condition. All wines will automatically be opened and inspected on receipt or will be inspected prior to confirmation of sale and approved against these guidelines. If you do not consent to your wines being opened and inspected in this way Berry Bros. & Rudd reserve the right to refuse receipt. For the purposes of this guarantee, the guarantor is BB&R Limited, trading as Berry Bros. & Rudd, 3 St James's Street, London, SW1A 1EG.
Promotional codes
Unless specified otherwise, promotional vouchers cannot be used in conjunction with any other promotions or offers. Promotional vouchers may not be used to purchase events, En Primeur, In Bond wines, or wines listed with BBX. Promotional vouchers cannot be used as payment for Duty and VAT on wines for delivery from customers' cellars. 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 conjunction with any other promotions, promotional vouchers or offers. Promotions and special offers may not be used when purchasing events (except in limited circumstances), En Primeur or In Bond wines or wines listed for sale with BBX.
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. When 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. 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
You should inspect delivered goods as soon as possible and notify us immediately of breakages or any shortages. We are unable to guarantee credit or replacements unless we are not ified withi n 14 days of delivery of the order. Please be aware that multi-case orders can be delivered separately. 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 are unlikely to 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 in this safe place. Contact us on 0800 280 2440 or email bbr@bbr.com .
Return of Goods/Cancellation
If you are eligible, then you have a statutory right to cancel your purchase with Berry Bros. & Rudd within 14 days without giving any reason. The cancellation period will expire after 14 days. In the case of In Bond purchases, or where you wish for the wine to be kept by Berry Bros. & Rudd in our warehouse as part of your cellar, from the date you receive our confirmation of your purchase; or in the case of Duty Paid purchases and where the items will be delivered to you, from the date the items is delivered to you or your nominated address. For more information about cancellation click here.
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.
Cancelling events and experiences
Wine School :
In the event of cancellation by the Customer, full refunds will only be given if we are notified at least 4 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.
Tutored tasting, lunch and dinner tickets :
In the event of cancellation by the Customer, full refunds will only be given if we are no tified at le ast 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, Cellar Plan Member events and external tastings tickets :
In the event of cancellation by the Customer, fu ll ref unds will be given if we are notifie d 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.
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 the purchaser 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 can still 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 to create the validation flag for subsequent transactions. Logging onto your online account to delete and re-add a stored card will create the necessary transaction identifier. The SCA regulation will not apply to telephone orders, in-store 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.
Out of stock
All wines and spirits and other goods are subject to availability. If an item you order goes out of stock a member of the customer service team will get in touch to discuss and alternative or refund you the price of the out of stock item.
Your right to end the contract
You can end your contract with us by cancelling your order, if the product you have purchased is faulty, (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.