Terms and conditions
Terms and conditions
1. About these terms
1.1 These terms apply to products and services supplied in the United Kingdom by BB&R Limited, trading as Berry Bros. & Rudd ("BB&R", "we", "us" or "our"). They apply alongside any specific terms shown when you order, book or use a service, including the BBX terms, auction terms, event terms, Wine School terms, gift-voucher terms, website terms and privacy policy.
1.2 If specific terms conflict with these terms, the specific terms for the relevant product or service will prevail to the extent of the conflict. The version displayed on our website when the relevant contract is formed will apply, except where we notify you that an updated version applies to an ongoing service. If you were our customer before 12 October 2026, these terms apply to you from 12 November 2026. Until then, the terms that previously applied to you continue to apply, except that you may benefit from membership levels from 12 October 2026. If you do not agree to these terms, you may end any ongoing service before 12 November 2026 under clause 2.3.
1.3 These terms primarily govern UK private customers. Different terms may apply to trade customers and customers contracting with our businesses outside the UK.
1.4 Age restrictions
You must be at least 18 years old to purchase alcohol from us. By placing an order for wine, spirits or another alcoholic product, you confirm that you are at least 18 years old.
All attendees at Berry Bros. & Rudd ticketed events involving alcohol must be aged 18 or over. In accordance with our age-verification policy and applicable licensing law, customers, recipients and attendees may be asked to provide photographic identification containing proof of age. If satisfactory identification cannot be provided, our delivery or events partners or we may refuse the sale, delivery, collection or admission.
Where you arrange for another person to collect or receive alcohol on your behalf, that person must also be aged 18 or over and may be required to provide satisfactory photographic identification.
2. Changes to these terms and benefits
2.1 We may change these terms to reflect changes to our products, services, customer proposition, systems, costs, legal or regulatory requirements, or the way we operate.
2.2 Minor changes and clarifications may be notified through our website. If we make a material change that adversely affects an ongoing service, including a material change to a core economic benefit, we will give reasonable notice by email or another durable medium. Unless a specific clause states otherwise, we will give at least 30 days’ notice.
2.3 If you do not agree to a material change affecting an ongoing service, you may contact us to end that service before the change takes effect, subject to payment of any outstanding sums and arrangements for goods held in storage.
2.4 We may add, change, suspend or withdraw Discretionary Benefits (see clause 5.2) at any time, and this will not be treated as a material change. We will only change a Core Economic Benefit (see clause 5.1) to your disadvantage by giving notice under clause 2.2.
3. Customer membership levels
3.1 Eligibility and scope
Our global customer proposition has five membership levels: Member, Cellar Club, Green, Gold, and Black. The membership level structure is intended for private customers. Eligibility is determined from the account classifications and exclusions recorded in our systems. We may exclude trade, staff, overseas or other specially managed accounts where a different commercial arrangement applies.
3.2 Qualification
You receive the highest membership level for which you qualify through any of four routes: qualifying spend, the qualifying value or cost of products held in your Cellar, an active monthly commitment or a time-limited manual override. Current thresholds are set out in Schedule 1. Membership levels apply from 12 October 2026. Your first membership level is the highest level for which you qualify under any route, using the higher of your qualifying spend for the 2025 calendar year and your qualifying spend in 2026 before 12 October 2026. Membership levels are recalculated on 1 January 2027 and then as described in this section 3.
Qualifying spend is calculated using the invoice date. During the year, it is measured from 1 January to the end of the previous day. It includes customer transactions recorded as spend, including purchases for delivery or storage, En Primeur and wine lying abroad purchases, and cellar storage fees. VAT and Duty count where they have been paid. For a sale through BBX or a buyback by BB&R, 25% of the sale value is added to the seller’s qualifying spend. For a lot sold at a Berry Bros. & Rudd auction, the full hammer price is added to the qualifying spend of both the seller and the successful bidder. If a transaction is refunded on the same invoice date, we correct the calculation immediately. Other later refunds do not normally cause a mid-year downgrade and are reflected at the next annual recalculation.
Cellar value is calculated from eligible products physically held by us. For the purposes of determining your Membership Level, we use whichever is higher: the total cost of those products or their total current value. This means that if the current value of your cellar falls below what you paid for it, for example because of changes in market valuations, we’ll use the total cost instead. Current valuations are indicative rather than guaranteed sale values.
3.3 Linked accounts
Where accounts are formally linked in our systems, qualifying spend, Cellar value or cost and monthly commitments are aggregated across those accounts. The same resulting membership level and qualifying values are applied to the master and linked accounts. Accounts are only treated as linked where the required link is recorded in our systems. If accounts are linked or delinked during a year , we will recalculate using the values available under our membership level rules. A delinking will not normally cause the former master account to be downgraded mid-year unless its membership level depended on a monthly commitment.
3.4 Calculation and corrections
Membership level calculations are normally run overnight using information available to the end of the previous day. Updates take effect after the calculation and relevant system transfers have completed . We may correct an inaccurate membership level and may apply a manual override to increase a membership level for a stated period. An override has a start date and an end date. When it expires, the customer returns to the highest membership level supported by the other qualifying routes.
3.5 Upgrades and downgrades
You may upgrade during a calendar year when a threshold is met. A membership level achieved through qualifying spend or Cellar value or cost is normally retained until the end of that calendar year. No one will move down a membership level as a result of the recalculation on 1 January 2027. A membership level held on 31 December 2026, or reached at that recalculation, is kept until the review on 1 January 2028, except in the circumstances described in the next paragraph or in clause 16. Ordinary downgrades are assessed at the next annual recalculation. The first ordinary downgrade review under the new proposition will take place on 1 January 2028.
If you cancel, place on hold or reduce a monthly commitment below a threshold, your membership level may be reassessed from the following calculation. A manual override may also expire during the year. These are the normal circumstances in which a customer may be downgraded mid-year. The revised membership level will be the highest membership level supported by the remaining qualifying routes.
A benefit already confirmed before a downgrade, such as a confirmed event or booking, will normally be honoured subject to its specific terms. Storage remains at the rate invoiced for the paid storage year. Discretionary Customer Payment Terms may be reviewed, reduced or withdrawn separately.
3.6 Service access
A membership level may provide access to an Account Manager, specialist team or other service . We may allocate, reallocate or provide cover through another suitably qualified colleague. Membership level status does not guarantee service from a named individual, a particular response time or uninterrupted access to a particular service channel unless expressly confirmed in writing.
4. Cellar Club and monthly commitments
4.1 Cellar Club
You may qualify for Cellar Club through annual spend, Cellar value or cost or an active monthly commitment of at least £250. Only customers maintaining an eligible monthly commitment receive the recurring-commitment storage discount and may be offered BB&R Choose (see clause 4.4).
4.2 Setting up and changing a commitment
A monthly commitment begins when we successfully set it up and record it in our systems. You may ask us to increase, reduce or cancel it. A reduction may change your membership level and benefits after the next calculation. A pause facility is not available.
If a payment fails, we may contact you and attempt to take payment again. A single failure will not normally remove your membership level automatically. Repeated failure may lead us to cancel the commitment and reassess your membership level.
4.3 Account balances
Amounts paid to your account may be combined with other credits, including refunds and BBX sale proceeds. You may use an available balance for eligible purchases and services. Any request to withdraw a credit balance is subject to verification, reconciliation of pending transactions, deduction or set-off of amounts owed to us and our reasonable fraud, identity and payment-source checks.
We may delay or refuse a withdrawal while transactions remain pending, a payment may be reversed, an actual or contingent liability remains unresolved, or we reasonably need to establish the person entitled to receive the funds. We will only pay a withdrawal to a bank account in the same name as your Berry Bros. & Rudd account, and we may check the account name before making payment.
4.4 BB&R Choose
If you select BB& R Choose, our specialists may select and add products to your Cellar within the preferences, budget and parameters agreed with you. Each addition remains subject to availability, the order terms communicated to you and applicable statutory rights. You may change or cancel your collecting preference by contacting us.
5. Benefits
5.1 The only membership level benefits we commit to provide are the storage discounts and BBX seller commission rates shown in Schedule 1 (“ Core Economic Benefits ”). Eligibility is assessed at the point specified for each benefit. Unless expressly stated, benefits are personal, non-transferable, have no cash value and cannot be combined with another offer.
5.2 All other membership level benefits (“Discretionary Benefits”) are provided at our discretion and are not contractual entitlements. They include Account Manager and specialist access, priority access, first refusal, allocations, invitations, events, hosting and handling-charge concessions at No.3, delivery by our own vehicles, trips, gifts and partner offers. Discretionary Benefits are subject to availability, capacity, eligibility, separate booking or promotional terms and, where relevant, payment. An invitation or priority window does not guarantee stock, a place or attendance. We describe current Discretionary Benefits on our website.
5.3 We may use a fair allocation, ballot or other reasonable method where demand exceeds availability. Partner benefits are provided subject to the partner’s terms and may be changed or withdrawn by the partner.
6. Payment terms
6.1 Our standard basis is payment at the time of ordering. We will not process an order until cleared funds are received unless we agree otherwise in writing.
6.2 We may, at our discretion, offer deferred payment terms (“Discretionary Customer Payment Terms”) to customers we consider eligible, taking into account factors such as annual spend, the value of products held in your Cellar and any monthly commitment. No membership level or other status gives you a right to payment terms or an associated credit limit. Any Discretionary Customer Payment Terms are subject to separate approval, identity and credit checks, payment history, a credit limit and any conditions we specify. We may decline, vary, suspend or withdraw them at any time, including following a membership level change.
6.3 Unless we expressly agree otherwise, invoices under Discretionary Customer Payment Terms are payable by the end of the month following the month of invoice. We do not charge interest or fees for Discretionary Customer Payment Terms, other than under clause 6.5 if payment is late. Any current 45-day, 60-day or other exceptional term remains subject to review and may be replaced on notice.
6.4 If your legacy payment terms and credit limit are being reduced or withdrawn as part of the move to our new customer proposition, the migration communication sent to you will explain how and when this will happen and how any outstanding balance is to be repaid. New purchases remain payable under your current payment terms or at point of order, as communicated to you.
6.5 If payment is late, we may charge interest at 4% above the Bank of England base rate, accruing daily, and recover reasonable debt collection costs where permitted by law. We may set off amounts owed to us against an available credit balance, BBX proceeds or other sums payable to you.
7. Orders, pricing, ownership and availability
7.1 Contract formation
Your order is an offer to buy. For goods to be delivered, a contract is formed when we despatch the goods, unless we expressly confirm acceptance earlier. Payment authorisation or receipt of an order acknowledgement does not by itself mean that we have accepted the order.
7.2 Availability and errors
We may decline or cancel an order if goods are unavailable, a credit or verification check is unsatisfactory, the price or description is incorrect, the product was listed in error, or we cannot meet a stated delivery requirement. We will notify you and release any authorisation or refund any payment received.
We take reasonable care over prices. Where an item has been listed, offered or sold at an obvious or material pricing error, including a price materially disconnected from prevailing market value, we may correct the price, withdraw the item, decline the order or cancel the transaction. If we cancel after payment, we will refund the payment and may offer purchase at the corrected price.
7.3 Prices
The description and price payable for products and services are those shown in our emails, brochures, website, checkout or other order confirmation. Current website prices supersede prices shown in older material. Unless stated otherwise, quoted Duty Paid prices include VAT at the applicable rate. In Bond prices exclude Duty and VAT payable on withdrawal.
Prices may change because of currency movements, market movements, Duty or VAT changes and stock availability. We reserve the right to change prices before a contract is formed.
7.4 Ownership, title and risk
All wines, spirits and other goods supplied by us remain the property of Berry Bros. & Rudd or the relevant owner until we have received payment in full, in cash or cleared funds, for those goods and any other sums that have become due in connection with them.
Unless specific terms state otherwise, title to goods will not pass to you until we have received payment in full.
For goods delivered to you, responsibility for loss or damage passes to you when the goods are delivered to the address you have provided, left in a safe place in accordance with your instructions or collected from us by you or a carrier organised by you.
Where eligible goods are placed directly into your Cellar, title will pass subject to full payment and the goods will then be recorded separately from our own stock in accordance with section 9. Where goods are sold through BBX, the BBX Terms (see section 10) govern contract formation, completion, payment and title transfer.
8. Payment cards and verification
8.1 We accept the payment methods displayed at checkout or agreed with you. Card payments are taken in pounds sterling. Transfers and authorisations may delay an order until cleared funds are received.
8.2 You may store one or more payment cards on your account and authorise us to charge them for agreed transactions, including invoices payable under Discretionary Customer Payment Terms. Your continuous payment authority remains in place on your account until you withdraw it, including if a stored card expires. It will apply to any replacement card you add to your account and, subject to applicable payment rules, to any replacement card issued through the card network.
8.3 We may carry out identity, fraud, sanctions, credit or payment verification checks and may disclose necessary information to appropriate third parties in accordance with our privacy policy and applicable data protection law.
8.4 We operate cash-payment limits in our shops. Any purchase where payment is made wholly or partly in cash is limited to £5,000 in any 30-day period per customer. A cash payment over £1,000 must be placed through a Berry Bros. & Rudd account, and satisfactory identification may be required.
8.5 If you store only one card and give us a continuous payment authority, that card will be your default card. If you store more than one card, you must choose your default card. We will normally remind you before your default card expires. If your default card expires and you do not replace it, we may make another valid card stored on your account your default card and charge it under your continuous payment authority. You should keep your stored cards up to date and remove any card you do not want us to charge.
9. Customers’ Private Reserves and storage
9.1 Storage service and eligibility
Our secure bonded warehouses are maintained in a controlled environment. We regulate temperatures and keep stock movement to a minimum. Before we accept products into storage, we may assess, inspect, and acclimatise bottles and packaging .
Unless we expressly agree otherwise, products transferred into our warehouses must be eligible wines or spirits, be complete cases in their original packaging, meet our inspection and condition requirements, come from Berry Bros. & Rudd or an HMRC-registered bonded UK warehouse and be accompanied by the information and documentation reasonably required by us.
Wines purchased from Berry Bros. & Rudd may be stored in complete, unmixed cases and are recorded in the customer’s name separately from our own stock. We may agree to accept incomplete cases, mixed cases, individual bottles or other formats in limited circumstances. Acceptance in one case does not require us to accept similar products in the future.
9.2 Charges and discounts
Storage is charged annually in advance and pro-rated when products enter storage. The prevailing standard rate is published on our storage page. For UK customers, whether VAT is charged is determined using the registered address and applicable tax rules.
Storage charges are based on the total volume stored with us. A standard case may be expressed as a nine- litre case, equivalent to 12 bottles of 75cl. Part cases and other bottle and case formats are charged pro rata to the volume of liquid they contain compared with a standard case, based on the stated volume of each bottle and calculated to two decimal places.
Schedule 1 shows the applicable membership level or recurring-commitment discount . We assess the rate for the next annual period at the storage anniversary. A later upgrade does not create a retrospective refund and a later downgrade does not increase the amount already invoiced for that period.
We may change the standard storage rate or discount structure by giving not less than 30 days’ written notice. A longer or transitional period may be applied where stated in a migration communication.
9.3 Insurance
Products held in our warehouses are insured at our estimate of their replacement market value. Our estimate may take account of available market information, product condition, provenance, vintage, format and the availability of equivalent replacement stock. A valuation used for insurance purposes is not a guaranteed sale value or an offer by us to purchase the products.
If equivalent replacement stock is not reasonably available following an insured loss, our liability will be limited to the amount recoverable under the applicable insurance valuation and the other provisions of these terms. We do not guarantee that identical replacement stock will be available.
9.4 Withdrawal and refunds
If items are withdrawn within 30 days of the storage invoice date, the storage charges invoiced for the items withdrawn will be refunded at the rate, including any discount, shown on that invoice. This rule does not apply where separate promotional, quarterly or discounted-plan terms expressly state otherwise.
9.5 Inspection and additional services
We may open and inspect cases or packaging where reasonably necessary to confirm eligibility, provenance, identity, condition, security or compliance with warehouse requirements. We may refuse products where inspection is not permitted, or the products do not meet our published inspection requirements.
Where photographs, reports, valuations or other additional services are requested, the customer may be charged at the prevailing rate notified before the service is provided.
9.6 Non-payment
If a storage invoice or another amount remains unpaid, we may contact you and require payment. We may apply an available account credit. If the debt remains unpaid, we may exercise contractual and legal recovery rights, including selling sufficient products from your Cellar as your agent or taking agreed products into our own stock at a reasonable current market value less a 10% allowance for commission, administration and recovery costs.
Where we sell through BBX to recover debt, we may select full cases, set a reasonable market-based listing price and accept a reasonable bid. We will account to you for any surplus after deducting the debt, commission and permitted costs. Berry Bros. & Rudd will not itself purchase a listing created through this debt-recovery process.
9.7 Changes of details and third-party interests
You must keep your contact details current. You remain our contracting customer and are responsible for payment and instructions even if another person has a beneficial interest in products held in your Cellar, unless we expressly agree otherwise in writing.
9.8 Ending the storage service
You may end the storage service by paying all outstanding amounts and arranging for the relevant products to be delivered, collected, transferred to another eligible warehouse, sold or otherwise dealt with in accordance with our available services and your lawful instructions.
We may terminate your storage service by giving not less than three months’ written notice, expiring at the end of the relevant storage year, unless a shorter period is permitted because of serious or repeated breach, fraud, sanctions, legal risk, non-payment or another circumstance expressly covered by these terms.
Where storage is ending, you must collect your products or provide complete delivery or transfer instructions no later than seven working days before the end of the relevant storage year or another deadline stated in our notice. You remain responsible for storage, handling, delivery, transfer, Duty, VAT and other applicable charges until the products have left our custody or have otherwise been dealt with under these terms.
9.9 Failure to provide instructions
If you do not collect your products or provide valid delivery or transfer instructions by the required date, we may continue to store the products and charge the applicable storage and administration costs.
After giving reasonable further notice, and subject to applicable law, we may arrange delivery to your last notified address, transfer the products to another suitable storage arrangement, sell the products as your agent, take agreed products into our own stock at a reasonable current market value or otherwise dispose of products where lawful and reasonably necessary.
We may deduct from sale proceeds or other sums payable to you any unpaid storage charges, delivery or transfer charges, reasonable administration and sale costs and any other amounts you owe us. Any remaining balance will be credited to your account or paid to you following the verification and withdrawal process in section 4.3.
9.10 Ownership disputes and verification
We may retain products and decline to act on a delivery, collection, transfer, sale or account-closure instruction while ownership is disputed, a third party asserts an interest, we cannot verify the person giving the instruction, a court order or regulatory restriction applies, payment remains outstanding, or a related transaction or payment reversal remains unresolved. We will explain the information or action reasonably required before products or funds can be released.
10. BBX
10.1 Application of BBX Terms
BBX is an online service through which eligible customers may list and purchase qualifying wines held in our UK bonded warehouses. Use of BBX is governed by these terms, the BBX Terms (defined below), our website terms, our privacy policy and any specific terms displayed during the listing, bidding, purchase, cancellation or settlement process.
“BBX Terms” means this section 10 together with the rules on bidding, listing, alerts and payment published on our BBX customer support page ( www.bbr.com/customer-support/bbx ), as updated from time to time. The BBX Terms form part of the contract between each BBX user and us. If there is a conflict between this section 10 and that page, this section 10 will prevail.
10.2 Operating model
BBX operates within a bonded-warehouse regime. Except where Berry Bros. & Rudd is the purchaser, we act as agent arranging sales between private sellers and buyers and do not normally take title. Where Berry Bros. & Rudd purchases a listing in accordance with the BBX Terms, it acts as principal buyer and title passes directly from the seller to Berry Bros. & Rudd on completion.
10.3 Eligibility and listings
Once registered and approved as a BBX seller, you may list eligible wines held in your Cellar. You may withdraw a listing or change its price before a purchaser confirms an order or before you accept a bid. Once an order has been confirmed or a bid accepted, you cannot normally withdraw the wine or change the price unless the transaction does not complete or a right arises under applicable law or the BBX Terms.
Listings may be subject to time limits. A listing that remains at the same price for 60 days may be removed, after which the seller may choose whether to relist it.
We may remove or refuse a listing where we reasonably believe the product is ineligible or not in a sellable condition (including where it is past its drinking window, as described in clause 12.4), ownership or authority to sell is uncertain, the description or price is incorrect, the price risks market manipulation or dumping, the listing threatens BBX’s integrity, or it breaches these terms or the BBX Terms.
10.4 Seller pricing and valuations
A seller is generally free to set the listing price, subject to BBX eligibility, integrity and pricing-error controls. Where the case price is below the price paid by the seller, the seller may receive a warning and an opportunity to change the listing price.
Our valuation guide may combine Berry Bros. & Rudd valuations, current or recent listing and transaction information and externally sourced guide valuations. Valuations are illustrative. We do not guarantee their accuracy, the ability to sell at the stated value or the future value of a product.
10.5 Berry Bros. & Rudd purchases through BBX
Berry Bros. & Rudd may purchase wines listed on BBX at the publicly displayed listed price only through the same customer-facing process and visible interface available to other BBX users. Berry Bros. & Rudd will not place bids, receive preferential treatment, receive advance sight of non-public orders or offers, purchase debt-recovery listings or circumvent the listed-price process through a group company or third party.
The same applicable matching, sequencing, queueing, throttling and payment processes will apply. Nothing requires Berry Bros. & Rudd to purchase a BBX listing.
10.6 Information barriers and conflicts
Teams involved in BBX operations and pricing integrity must not provide non-public listing, bid or order information to a Berry Bros. & Rudd buying function.
Berry Bros. & Rudd will not purchase a listing where, in the preceding 90 days, it provided a valuation or pricing recommendation relied upon by the seller to set the price. Any colleague involved in preparing such a valuation must be excluded from a subsequent purchase decision relating to that listing.
Berry Bros. & Rudd purchases require recorded internal approval by an authorised person independent of BBX operations. The record will identify the product, quantity, price, timestamp and whether a relevant valuation was provided in the preceding 90 days. Records will be retained for at least six years and made available to our statutory auditors on request.
10.7 Sale and seller commission
Where a buyer places an order for listed wine or a seller accepts a bid, we will arrange the transaction in accordance with the BBX Terms. Seller commission is calculated as a percentage of the BBX Sale Price and is determined by the seller’s membership level on the date the BBX Sale is formed. Current rates are shown in Schedule 1. A later upgrade or downgrade does not change the commission applicable to a BBX Sale already formed. Seller commission is deducted from the sale proceeds when the BBX Sale completes.
“BBX Sale Price” means the final gross transaction price agreed between the seller and buyer through BBX before deduction of seller commission and excluding Duty and VAT.
“BBX Sale” means a binding contract for the sale of listed wine, formed when a buyer places an order at the listed price through BBX or when a seller accepts a bid. A BBX Sale completes when we have received the buyer’s payment in full in cleared funds and ownership has transferred to the buyer.
If a buyer fails to pay for or complete a BBX Sale, we may cancel it. The wine will remain the seller’s property and the seller will not pay commission. We may require the buyer to pay us an amount equal to the seller commission that would have been payable on that BBX Sale, and may charge this to the buyer’s registered payment method or set it off against the buyer’s account balance. This does not apply where the failure is caused by us or where the buyer validly cancels the BBX Sale, including under a statutory cancellation right.
10.8 Seller payment
Subject to receiving full payment from the buyer and completion of the transaction, the net amount payable to the seller will be paid to the nominated account or credited to the seller’s Berry Bros. & Rudd account. Where payment is to a bank account, the transfer will normally be initiated on the tenth working day after completion, and the account must be in the same name as the seller’s Berry Bros. & Rudd account. A bank transfer may require additional working days to reach the nominated account.
We may deduct overdue amounts owed to us from net sale proceeds where the BBX Terms and applicable law allow. If the buyer defaults, fails to provide cleared payment or validly cancels the purchase, the transaction may not complete, and the wine will remain in or return to the seller’s ownership.
10.9 Buyer selection, payment and delivery
BBX wines are ordinarily purchased online through the BBX interface. The displayed price applies to the specific listing selected. The same wine may be available through another listing or directly from Berry Bros. & Rudd at a different price. The buyer is responsible for reviewing the listing before submitting the order.
BBX wines are sold by the case and In Bond unless specific terms state otherwise. Following completion and payment, ownership transfers in accordance with the BBX Terms and the product is moved to the buyer’s Cellar. If delivery is requested, Duty, VAT, delivery and other applicable charges will be payable.
Payment is required at the point of order. A successful bid may be paid using the methods permitted by the bidder’s registration and payment settings. Discretionary Customer Payment Terms cannot be used for BBX purchases. For a high-value transaction exceeding card-payment limits, we may hold the order for up to five working days to allow payment by bank transfer. If cleared funds are not received, we may cancel the order.
10.10 Cancellations
After a buyer has placed an order or a seller has accepted a bid, the seller cannot normally cancel the transaction or withdraw the wine. A consumer buyer may have a statutory cancellation right. The cancellation information provided with the purchase will explain whether that right applies, when it begins and how it may be exercised. Where Berry Bros. & Rudd purchases as a business, no statutory consumer cancellation right applies to that purchase.
10.11 Third-party ownership claims
If a third party claims ownership of wine listed or sold through BBX, you must notify us as soon as reasonably practicable. Before sale, we may withdraw the wine, retain it while the dispute is resolved, require evidence of ownership or authority and transfer it in accordance with a court order, legal process or sufficient evidence of third-party ownership.
Where the claim arises after sale, we may retain unpaid sale proceeds until the dispute is resolved and then pay the person who establishes entitlement. You will be responsible for losses, liabilities, claims and reasonable costs incurred because you listed or sold wine that you did not own or were not authorised to sell, except to the extent caused by our breach or negligence and subject to applicable law.
10.12 Privacy, trade users and errors
We may contact prospective purchasers with details of wines and listing prices to support a potential sale. We will not identify a private seller except where necessary to complete the transaction, comply with law or resolve a dispute and where permitted by our privacy policy.
Trade customers may purchase eligible wines at the listed price but may not place bids unless expressly permitted. Any prohibited bid may be cancelled, and BBX access may be suspended or withdrawn. Berry Bros. & Rudd will not place bids.
If a BBX description or price is incorrect, we may cancel the transaction and refund payment or offer corrected terms. If completion fails because of buyer or seller default, we may cancel or unwind the transaction, return the wine, suspend access, recover commission or reasonable losses from the defaulting party and set off amounts due, subject to the BBX Terms and applicable law.
11. Delivery, collection and receipt
11.1 Delivery
Delivery options, charges, geographical limits and service timings are those displayed or quoted when you order. Deliveries will typically be made between 8am and 8pm; however, during busier periods, delivery may take place later in the evening. We may use an alternative suitable carrier. Delivery estimates are not guaranteed where delay is caused by events outside our reasonable control. Where we offer delivery by our own vehicles as a Discretionary Benefit, it is not available in all areas and depends on capacity, including at peak times. If it is not available, we may deliver using another carrier.
Inspect goods as soon as reasonably possible and tell us promptly of breakage, shortage or damage. We ask that you notify us within 14 days so we can investigate, without affecting statutory rights. If you authorise delivery to a safe place, responsibility for loss or damage arising after the goods are left there passes to you, except where the law provides otherwise.
11.2 Collection
Your order will normally be available for collection for 14 days from the date on which it is accepted. If it is not collected within that period, we may return it to stock or to your Cellar and refund or credit the amount due. Please allow up to 28 days for any refund. A prevailing administration charge may apply where products are returned to Private Reserves.
Photographic identification is required for collection. If another person is collecting on your behalf, you must notify us in advance, and that person must bring satisfactory photographic identification.
12. Cancellation, returns and faulty products
12.1 Consumer cancellation rights
If you are acting as a consumer and the purchase is eligible for cancellation, you have a statutory right to cancel the contract within 14 days without giving a reason.
For Duty Paid products delivered to you or a nominated recipient, the period normally expires 14 days after receipt. For eligible In Bond products or products purchased for storage in your Cellar, the period normally expires 14 days after we confirm the purchase and the products are allocated or transferred to your Cellar. Where an order contains multiple products delivered separately, the period may run from receipt of the final product where required by law.
To cancel, you must tell us clearly using the contact details or cancellation process supplied with your order. If products have been delivered, you must keep them safe and return them in accordance with our instructions. You may be responsible for direct return costs unless the products are faulty, incorrectly described or we agree otherwise.
Where permitted by law, we may deduct for reduced value caused by handling beyond what is reasonably necessary. Refunds will be made using the original payment method unless otherwise agreed and within the period required by law. We may withhold a refund until returned products are received or you provide evidence of return, where permitted.
12.2 Exceptions
A statutory cancellation right may not apply, or may apply differently, to personalised products, products liable to deteriorate rapidly, unsealed hygiene-sensitive products, event or leisure bookings for a specified date, En Primeur products, fully performed services and other products or services excluded under applicable consumer law. The cancellation information supplied with the order will identify any specific right or exception.
12.3 En Primeur cancellation
An order placed En Primeur must be cancelled within seven days of placing the order. We will provide a full refund of the wine purchase price upon receipt of the cancellation request. Because of the particular nature of En Primeur sales, an order cannot be cancelled after that period unless a further right arises under applicable law or we expressly agree otherwise.
12.4 Quality guarantee
If a wine is corked, affected by cork taint or otherwise faulty, we will normally offer a replacement bottle first. If a suitable replacement is unavailable, we may offer an appropriate refund or account credit. We may ask you to retain and return the bottle, closure, remaining contents and proof of purchase so that we can inspect and test the product.
Many wines are intended to mature over time. We provide drinking guides and maturity information. If a wine has been stored beyond its drinking window or stored inappropriately by you, or by us following your instructions, we may be unable to provide a replacement, refund or credit unless the issue results from our breach, negligence or failure to exercise reasonable care and skill. Each wine stored with us is given a drinking window, shown as a range of years in the maturity information for that wine (for example, “Drink 2015 – 2042”), and a maturity stage (Not ready, Ready – youthful, Ready – at best or Ready – mature). A wine’s drinking window ends on 31 December of the last year in that range. We recommend that you review your Cellar at least once a year.
12.5 Notification periods
To claim under our additional quality guarantee, you must tell us within a reasonable period after discovering the fault and, in any event, within 12 months of purchase for products bought in our shops, within 12 months of delivery or collection for products purchased through our website, and, for products stored in our Cellars, within 12 months of withdrawal and no later than 12 months after the end of the wine’s drinking window.
The additional contractual guarantee does not apply to a wine withdrawn more than 12 months after the end of its drinking window. These periods do not limit statutory rights that cannot lawfully be restricted.
12.6 Statutory rights
If you are a consumer, you have statutory rights where products are faulty, not of satisfactory quality, not fit for purpose or not as described. Those rights may include a right to reject eligible products within 30 days and receive a refund, or to request repair or replacement where appropriate. Nothing in our quality guarantee replaces or limits those rights.
12.7 Products submitted to us
We follow inspection requirements for products submitted for storage, transfer, sale, broking or another service. Customers should review the current inspection guidelines and inspect products before submitting them. Administration, inspection, handling or delivery charges may apply to rejected products.
Products may be opened and inspected on receipt or before acceptance for sale. If you do not permit reasonable inspection, we may refuse to receive, store, market or sell them. Inspection confirms whether a product satisfies our acceptance requirements at that time. It is not a guarantee of future condition , drinking quality or market value.
12.8 Guarantor
For the purposes of this contractual quality guarantee, the guarantor is BB&R Limited, trading as Berry Bros. & Rudd, 3 St James’s Street, London, SW1A 1EG.
13. Events, tastings and Wine School
13.1 General
All events, tastings, lunches, dinners, courses and Wine School bookings are subject to availability and any specific terms shown at booking. Attendees must be aged 18 or over and may be required to provide photographic identification.
13.2 Wine School
If you cancel a Wine School booking, we will only issue a full refund if we receive notice at least four weeks before the first session. If we receive notice later, we will provide a refund only if we can resell the place, unless a statutory right applies or we agree otherwise.
13.3 Tutored tastings, lunches and dinners
If you cancel a tutored tasting, lunch or dinner, a full refund will only be given where we receive notice at least seven days before the event. If we receive notice later, we will provide a refund only if we can resell the ticket or place, unless a statutory right applies or we agree otherwise.
13.4 En Primeur and external tastings
For En Primeur and external tasting tickets, we will provide a full refund if we receive notice at least seven days before the event. Where notice is received later, we may provide a credit rather than a refund.
13.5 Changes by us
We may cancel, reschedule, relocate or alter an event where reasonably necessary. If we cancel and do not offer a suitable replacement, we will refund the affected ticket or booking. Unless required by law, we are not responsible for separate travel, accommodation or other attendee costs.
14. Promotions, gifts, vouchers and competitions
14.1 Promotions and competitions
Unless stated otherwise, promotions and vouchers cannot be combined, exchanged for cash, used to settle existing debt or used for events, En Primeur, In Bond wines, BBX wines, Duty, VAT or storage charges. Competition-specific rules, eligibility, closing dates and prizes will be published for each competition.
14.2 Exchange of gifts
We can only accept a returned gift and arrange a refund if the original purchaser makes the request and provides satisfactory evidence of purchase . Subject to product condition and statutory rights, a gift may be returned to our London or Basingstoke shop and exchanged for an alternative product or gift voucher to the value of the returned gift.
We cannot provide a cash or account refund to the recipient unless the recipient was the purchaser or the purchaser has expressly authorised the refund and we agree to it. Nothing in this clause limits rights relating to faulty, damaged or misdescribed products.
14.3 Gift-voucher redemption
Berry Bros. & Rudd gift vouchers may be redeemed in our UK shops, by telephone or through our website, subject to the redemption methods supported and any specific terms supplied with the voucher.
For a physical voucher, the code beneath the scratch-off panel must only be revealed when required. We may refuse a voucher if the security panel has been removed or tampered with before redemption or if it appears altered, copied, damaged or used without authority.
Where the price of goods is lower than the voucher value, the balance may be credited to the customer’s Berry Bros. & Rudd account. If the customer has no account, one may be created for this purpose.
14.4 Gift-voucher restrictions
Gift vouchers cannot be exchanged for cash, used to discharge indebtedness from previous orders, used to settle amounts owed on accounts held with Berry Bros. & Rudd or associated companies, or redeemed where damaged, defaced, altered, copied or invalidated. Additional restrictions may be stated when the voucher is issued. Statutory rights remain unaffected.
15. Broking and Sale or Return
15.1 Broking service
On occasion and at our sole discretion, we may agree to provide a wine brokerage service under which we seek a third-party buyer for your wine. If we agree a sale, we will purchase the wine from you and resell it to that third party. Our purchase is conditional upon the third party entering into and completing its purchase from us. Broking is separate from BBX.
15.2 Exclusivity, price and payment
By using the brokerage service, you authorise us to offer the relevant wine for general sale for an initial exclusivity period of two weeks. We will agree the amount payable to you if the wine is sold. If we complete a sale during that period, our purchase from you will be treated as taking place immediately before our sale to the third party.
We will pay the agreed amount within 20 working days after we receive the completed sale proceeds. If the wine is not sold during the exclusivity period, we may discuss renewing the period, changing the proposed price, returning the wine, moving it into storage or another agreed course of action.
15.3 Receipt, condition and cancellation
Our purchase and resale are conditional upon safe receipt and our assessment that the wine’s identity, provenance, packaging and condition are as agreed and suitable for resale. Unless we agree otherwise, you are responsible for transport cost and risk. Wines submitted from outside our storage must normally be in their original wooden case and in good condition. The service normally applies to complete cases rather than individual bottles or mixed cases.
If the third-party purchaser validly cancels, fails to complete or fails to pay, we may cancel our conditional purchase by written notice. Where goods are returned, cannot be sold or must be sent back, transportation will be at your expense and prevailing charges will apply, except where the return results from our breach or the law requires otherwise.
15.4 Sale or Return
All Sale or Return arrangements must be agreed in advance through your Account Manager or Customer Service. Unless we expressly agree otherwise, the order must include at least £300 of eligible wine, Champagne, Port or spirits; no more than 20% of the original order quantity may be returned; returned goods must be unopened, undamaged and resaleable; no credit will be given for goods that are not resaleable; and a £10 collection charge will apply.
Sale or Return is discretionary. Previous acceptance does not oblige us to offer it for another order.
16. Preventing misuse
16.1 We may investigate suspected misuse of an account, membership level, commitment, promotion, benefit, BBX access or service and may temporarily withhold a benefit while we investigate.
16.2 Where we reasonably conclude that an unintended benefit has been obtained through deliberate misuse, multiple accounts, false or misleading information, artificial transactions (including making payments, monthly commitments or Cellar transfers mainly to obtain a membership level or benefit and then cancelling, reversing or withdrawing them), repeated failure to complete BBX purchases or activity contrary to the stated purpose of a promotion or benefit, we may refuse, withdraw, reverse or recover the benefit, correct the membership level, suspend access or close the account.
16.3 Any recovery will be proportionate and will not affect statutory rights. We may set off a recoverable amount against account balances, sale proceeds or other sums payable to you where legally permitted.
16.4 We may refuse to close an account while an actual or contingent liability, pending transaction, payment reversal, storage arrangement, ownership dispute or verification issue remains unresolved. We will explain any steps reasonably required to complete closure.
17. Liability
17.1 Nothing in these terms excludes or limits liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any liability that cannot lawfully be excluded or limited.
17.2 We are not responsible for natural ageing, ullage, decline in market value or loss of condition caused by storing wine beyond its drinking window (see clause 12.4), except to the extent caused by our act or omission.
17.3 If you are a consumer, we are responsible for losses that are a foreseeable result of our breach or failure to use reasonable care and skill. We are not responsible for business losses suffered by a consumer.
17.4 If you are a business, we exclude statutory implied terms relating to quality and fitness to the fullest extent permitted by law. Our total liability for losses arising from these terms, products or services will be limited to the greater of £2,500 and the total sums paid for the associated products or services.
17.5 If you are a business, we will not be liable for loss of profit, use, goodwill, business, business opportunity, anticipated saving, data or information, or for special, indirect or consequential loss, except where liability cannot lawfully be excluded.
18. Privacy
We process personal data in accordance with our privacy policy. This includes information needed to manage accounts, orders, storage, payments, benefits, fraud prevention, legal compliance and customer service. Our current privacy policy is available on our website.
19. Ending services and account closure
19.1 You may end an eligible ongoing service by contacting us, subject to its specific terms, outstanding payments and any arrangements needed for products held in storage.
19.2 We may suspend or end a service or close an account for serious or repeated breach, fraud, abuse, non-payment, sanctions or legal risk, threatening or unlawful conduct, or where continuing the relationship is not reasonably practicable. Where appropriate, we will give reasonable notice and explain what must happen to products, balances and pending transactions.
20. Law and disputes
These terms are governed by the law of England and Wales. If you are a consumer, you may bring proceedings in the courts applicable under consumer law. We will try to resolve complaints quickly and fairly. Nothing in these terms affects statutory consumer rights.
Schedule 1: UK customer membership levels and core economic benefits
Membership level
|
Annual spend
|
Cellar value or cost
|
Monthly commitment
|
Storage treatment
|
BBX seller commission
|
|---|---|---|---|---|---|
Member
|
£0
|
£0
|
£0
|
Standard rate
|
10%
|
Cellar Club
|
£3,000
|
£3,000
|
£250
|
Standard rate, or 12.5% discount with £250+ active commitment
|
10%
|
Green
|
£10,000
|
£50,000
|
£800
|
13% discount
|
9%
|
Gold
|
£40,000
|
£150,000
|
£3,300
|
14% discount
|
8%
|
Black
|
£100,000
|
£1,000,000
|
£8,300
|
15% discount
|
7%
|
A customer receives the highest membership level achieved through any one qualifying route. The storage treatment and BBX seller commission shown in this Schedule are the Core Economic Benefits referred to in clause 5.1. Membership levels apply from 12 October 2026 (see clause 3.2).