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Applicable Law

These terms and conditions will be governed by and construed in accordance with the laws of Hong Kong. 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 Hong Kong courts, and you hereby submit to its jurisdiction.

Nothing in these terms and conditions limits or excludes your statutory rights as a consumer. These terms and conditions relate to Version 115 (4) and are subject to amendment – please refer to our website https://www.bbr.com/customer-support/terms-conditions for the latest version or contact us per credentials below.

Contact us:
Telephone: +852 2511 2811
Email: HKenquiries@bbr.com
Post: Berry Bros & Rudd (HK)
1702, H Queen’s, 80 Queen's Road Central, Central, Hong Kong

Selling on BBX

What is BBX?

BBX is an online only, fine wine, trading service that enables customers to sell privately stored wines to other customers, and to buy privately stored wines from other customers, where those wines are held in Berry Bros. & Rudd’s UK bonded warehouses. For more details, please see the BBX FAQs section of our website.

Access to the BBX service

BBX is an online-only service and therefore your use of this service is subject to Berry Bros. & Rudd website terms and conditions, privacy policy and terms appearing specifically on the BBX webpages, in addition to the terms set out below. By using the BBX service you hereby agree to such terms and conditions. If there is any conflict with any terms appearing specifically on the BBX pages and the terms set out below, the terms set out below will prevail.

To sell your wines through BBX you must:

- Be an existing customer of Berry Bros. & Rudd who has placed an order for wine with Berry Bros. & Rudd which is stored by Berry Bros. & Rudd or you already have wines stored with Berry Bros. & Rudd; and
- Register with Berry Bros. & Rudd as a BBX seller by completing the online registration found on the BBX webpage.

To list your wines for sale on BBX they must be:

- Physically located in Berry Bros. & Rudd’s temperature-controlled warehouses
- In bond
- In unsplit cases or a large-format bottle such as an imperial; and
- Owned by you (goods paid for in full)
- The person registering as a BBX seller must be the same as the person on Berry Bros. & Rudd records as owning the wines in Berry Bros. & Rudd warehouse (in BB&R terms you must be both the “account payer” and “beneficiary”); and
- In good condition, as determined by Berry Bros. & Rudd at its absolute discretion. Berry Bros. & Rudd is committed to retaining the highest levels of quality and standards of product and all wines will be subject to Berry Bros. & Rudd's rigorous quality control process. Please refer to Berry Bros. & Rudd’s Inspection Guidelines which are available on request.

Eligibility of your other wines

Subject to Berry Bros. & Rudd approval and setting up a Customers’ Private Reserves (CPR) account with Berry Bros. & Rudd (and agreeing to the terms and conditions relating to a CPR account) you may introduce wines not currently held by Berry Bros. & Rudd for sale through the BBX service in accordance with the following provisions: - You must arrange at your cost and risk for the relocation and delivery of such wine for storage in Berry Bros. & Rudd’s temperature-controlled warehouses as part of your CPR
- The wine must remain in bond
- You must pay a fee of £7.50 (approx. HKD79*) per case to cover receiving/handling into our warehouse, inspection and administration
- You must pay all CPR account fees to Berry Bros. & Rudd.

To be eligible for sale through BBX the wine so relocated must:

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

Third party claiming ownership

If a third party claims ownership of any wines you have relocated to Berry Bros. & Rudd as referred to in the above paragraph Berry Bros. & Rudd shall inform you as soon as is practical and if such claim:

Occurs before that wine is sold through the BBX service then Berry Bros. & Rudd:
- Shall have the right to withdraw the wine from the BBX sale list;
- Shall be entitled to retain such wine as part of your CPR account until you and the third party have resolved the claim and have provided sufficient evidence to Berry Bros. & Rudd as to ownership;
- Notwithstanding the above, if the third party produces to Berry Bros. & Rudd sufficient evidence of its ownership or a court order or other legal process for the delivery up of the wine then Berry Bros. & Rudd shall be entitled to transfer the wine to the third party without any liability to you.

Occurs after the sale of the wine through the BBX service then:
- If Berry Bros. & Rudd has yet to pay you for the wine, Berry Bros. & Rudd shall be entitled to retain such sums until you and the third party have resolved the claim and have provided sufficient evidence to Berry Bros. & Rudd as to ownership at which point Berry Bros. & Rudd shall be entitled to pay the person who has proved ownership without further liability to you.
- You hereby agree to indemnify and reimburse, on demand and on a full indemnity basis, Berry Bros. & Rudd for any claims, damages, costs, liabilities and expenses (including legal costs and storage charges) incurred as a result of a third party claim referred to above or in connection with Berry Bros. & Rudd dealing with the wine on the understanding that it is owned by you where this proves not to be the case.

Adding wines to the BBX sale list

Once you are registered as a BBX seller you shall be entitled to add any of your eligible wines from your CPR account onto the BBX sale list through your online account. To list the wines follow the instructions on the relevant web page. You shall be entitled to withdraw any wines you have listed on the BBX sale list through your online account at any time prior to a purchaser confirming their order to purchase your wine. Once a purchaser has confirmed their order within the purchase process or you as a seller has accepted a BBX bid on your cellared wine, you cannot withdraw the wine unless the purchase does not complete for whatever reason. Wines listed must be in unsplit cases and must not be a mixed case.

BBX sale price

When listing any of your cases of wine on the BBX list, you must also state the case selling price (price in bond, exclusive of duty and VAT). You are free to set whatever price you wish for the case, save that where you set a case price less than your purchase price at which point you will receive a warning and you will have the opportunity to change the price. Berry Bros. & Rudd reserves the right in its absolute discretion to withdraw your wine from the BBX list if it believes pricing will affect the commercial integrity of the BBX platform and/or in Berry Bros. & Rudd’s reasonable opinion, the price set is far below or far in excess of the market value of the wine.

You may vary the price of any case at any time through your online account, provided it is prior to a purchaser confirming their order to purchase your wine. Once a purchaser has confirmed their order you cannot change the price unless the purchase does not complete for whatever reason, e.g. the purchaser’s payment is not authorised or the purchaser exercises their right to cancel within 14 days – see Return of Goods / Cancellation in standard terms.

There is a 60-day time limit on BBX listings at the same selling price. Wine that has been listed for 60 days at the same selling price will be removed from the BBX list and the seller will receive an email notification. The seller then has the option of re-listing the wine for a further 60 days at a selling price of their choice.

Valuation guide

Berry Bros. & Rudd shall give you access to an online valuation guide to help you set the price for your wine. The valuation guide shall comprise a combination of Berry Bros. & Rudd own valuations (based on current and recent lists and transaction data), as well as externally sourced guide valuations. Please note that valuation information will only be available on wines where recent data exists. Berry Bros. & Rudd shall use its reasonable endeavours in the collation of these valuations however the valuation guide is illustrative only and Berry Bros. & Rudd does not guarantee or warrant the contents of the guide nor shall Berry Bros. & Rudd be responsible for your reliance upon it.

BBX sale list

Berry Bros. & Rudd shall make the sale list available online for all its customers through Berry Bros. & Rudd’s online search engine. Customers looking for wines can search the BBX list and Berry Bros. & Rudd’s own wines. The BBX list will show all the wines you have listed for sale together with all other BBX sellers’ wines. It may be that other BBX sellers and or Berry Bros. & Rudd will be selling the same vintage wine at the same time as you, therefore all BBX wines will appear in any search results in the same way as a Berry Bros. & Rudd wine. - As each BBX seller sets their own price for their wine independently of Berry Bros. & Rudd and a search for a specific wine may show that wine being sold at different prices, Berry Bros. & Rudd shall be under no obligation to vary its current wine price list or the manner in which Berry Bros. & Rudd determines the price for its wines as a result of the prices set by BBX sellers.
- If the same wine is listed at an identical price by two or more BBX sellers then the wine that was listed for sale first will be sold first.

Sale and purchase of wine on BBX

If a purchaser wishes to purchase your BBX wine or you as seller accepts a BBX bid, an order will be placed through us. We will email you to advise you of a pending order for your wine. We will act as agent to arrange the transaction between the seller and the buyer. We will at no time take title to or ownership of the wine. Title will pass to the buyer from the seller on completion of the transaction. A commission of 10 percent of the sale price allocated by the seller will be paid to BBX. The sum agreed payable to you will be paid to the account of your choosing within 10 working days of the completion of the order, subject to being paid in full by the purchaser.

Please note that the transfer may take up to a minimum of 3 working days to reach your designated account.

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

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

Payment of the purchase price to you shall be by either crediting your Berry Bros. & Rudd account or by BACS payment to your bank account the details of which appear in your BBX seller registration. Any overdue debt on your Berry Bros. & Rudd account will be deducted from the sale price net of commission if a BACS payment is made. You may change those details online by logging into your BBX account.

Cancellation of BBX orders

After an order is placed for your listed wine or after you have accepted a bid for your cellared wines, you are unable to cancel the order or withdraw the wine.

BBX privacy

You hereby agree that Berry Bros. & Rudd may, but is under no obligation to do so, from time to time contact prospective purchasers with your listing price details to increase the possibility of your listing being purchased. Please note Berry Bros. & Rudd does not disclose any of your personal data. Berry Bros. & Rudd will merely advise prospective purchasers of the wines you have listed and the price you have allocated.

Broking

On occasion, and at our sole discretion, we are prepared to offer you a wine brokerage service where we will seek third-party buyers for your wine. If we agree a sale of your wine to a third party we will purchase your wine from you and then sell it on to the third party. Our purchase from you will be conditional upon the third party purchasing and completing the purchase of the wine from Berry Bros. & Rudd. Please note that this arrangement is not part of BBX (Berry Bros. & Rudd Broking Exchange) and should be regarded as a separate arrangement to which these conditions apply.

In agreeing to Berry Bros. & Rudd’s broking terms, you are authorising and granting Berry Bros. & Rudd to have a two-week exclusivity period to offer the wine for general sale. We will agree a price that we will pay you for the wine. If we sell the wine to a third party within the two-week exclusivity period, then our purchase from you will be deemed to have occurred immediately before our sale and the sum agreed payable to you will be paid within 20 working days of the receipt by us of the proceeds of our sale to the third party. If the wine has not been sold within two weeks, Berry Bros. & Rudd will contact you to discuss a renewal of the period, a price adjustment, the return of the wine to you or storage of the wine.

The purchase and resale of your wines is conditional on their safe receipt (at your expense) onto Berry Bros. & Rudd premises and that the condition of the wines is, in the opinion of Berry Bros. & Rudd, as agreed and suitable for resale. Typically, if you are offering wines for broking from outside Berry Bros. & Rudd’s storage facility then the wines must be in original wooden case (OWC) and in good condition (see Berry Bros. & Rudd’s “Inspection Guidelines”). The brokerage service only applies to wine by the case and not individual bottles. It does not apply to a mixed case unless specifically agreed otherwise. We may introduce additional terms and conditions in relation to the brokerage service which will be advised to you at the time.

Where the purchaser cancels the sale contract (where they are permitted by law to do so) we have the option to cancel the contract for the purchase of the wine from you, by written notice to you (including by email). Where payment is withheld by the purchaser and goods are to be returned (either by the purchaser or at your request prior to the sale, or where the wines cannot be sold or the contract is cancelled), transportation to you of the wine will be at your expense using Berry Bros. & Rudd’s standard delivery charges.

Cellar Plan

The minimum monthly payment, by direct debit, is £250 (HKD2,647*). You can make additional payments or change your monthly payment at any time through our website or by telephone. Non-UK customers will be able to pay by credit card.

Cellar Plan members receive preferential storage rates. For up-to-date storage costs please visit our wine storage page. We can only accept unmixed cases into our warehouse.

All purchases of wines and spirits and other goods and services from Berry Bros. & Rudd are subject to Berry Bros. & Rudd’s standard terms of sale in addition to any terms stated on our website. You may have a right to cancel any order. Please refer to the standard Terms and Conditions for further details.

Complimentary case: After a year, and provided 12 consecutive payments of at least £250/£500/£1000 (approx. HKD2,647/HKD5,294/HKD10,588*) 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 in UK when withdrawn), 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 on BBX, our fine wine exchange.

Collection

If you stipulate at the time of placing your order, it is possible to collect from ou HK warehouse at the address of KLN Logistics (Hong Kong) Limited, 4-6 Kwai Tai Road, Kwai Chung, Hong Kong. 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 (approx. HKD79*) per product. Photographic identification is required for the collection of all orders.

Customers' Private Reserves in UK warehouses

Our brand-new, state-of-the-art, secure, bonded warehouse is kept in a strictly controlled environment: temperatures are regulated to within half a degree, and movement of stock is kept to a minimum. Before entering the warehouse, bottles and their original packaging are assessed, checked and gently acclimatised to ensure we can guarantee the perfect condition of everything we store. For added peace of mind, all wines are insured at full replacement value.

To be eligible for storage in our warehouses, cases must be complete and in their original packaging. We can only accept wines from HMRC registered, bonded UK warehouses.

Wines purchased from Berry Bros. & Rudd can be stored (by the complete unmixed case) in our cellars and are recorded in the customer’s own name separately from Berry Bros. & Rudd’s stock. Case pricing is based on a 9-litre case (12 x 750ml bottles). We invoice for the total volume in litres stored with us, and pro-rata the price accordingly. Rent is payable annually in advance. For up-to-date storage costs please visit our wine storage page. A pro-rata monthly charge is made to enter wines into Private Reserves at the time of purchase to cover the initial period; thereafter the annual charge is payable in advance. Berry Bros. & Rudd reserves the right to increase the annual charge on giving prior notice of not less than 30 days to the customer. Photographs of the wine in your reserves can be provided and will be charged at £12 (approx. HKD127*) per case, regardless of case size.

Prior to customers receiving their annual invoice they will be notified to view their cellar and further advice and valuations are available on request. When withdrawing stock, delivery within the UK mainland, Hong Kong and/or overseas 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 (approx. HKD106*) administration charge will be applied to each part-case delivered per delivery address. UK Premium delivery services (Next Working Day, Saturday and Pre-10am) are chargeable at the prevailing rate. Please note that Standard deliveries to Northern Ireland, the Isle of Man, the Isle of Wight, the Scilly Isles and some areas of Scotland, whilst free of charge, may take longer. Next Working Day, Saturday, Specified Date and Pre-10am delivery services are not available in these areas.

Please contact us for details. We require three working days’ notice for duty paid wines or five working days’ notice for bonded reserves if wines are being collected from our London or Basingstoke shops or to be delivered. If stock is withdrawn within a month of the rent invoice date the rental charge will be refunded.

Limitation of Liability

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; *1
· 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 “Very mature” (or “VM” code on your storage invoice) are beyond their recommended drinking window and should seriously be considered for withdrawal. If you continue to store wines beyond their recommended drinking window (or when they are labelled “Very mature”) 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, to the extent permitted by law and except in respect of the losses described in the 'Our liability to all customers' paragraph above:
· We exclude all conditions, warranties, and other terms (including about the quality of goods and services) that might otherwise be implied by statute or law, to the extent permitted by law, including Sections 15, 16 or 17 of Hong Kong’s Sale of Goods Ordinance (seller’s implied undertakings as to conformity of goods with description or sample, or as to their quality or fitness for a particular purpose). *2
· 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 (approx. HKD26,471*); and (ii) the total sums paid by you for the associated products and/or services. *3
· Berry Bros. & Rudd will not be liable to you for any:
o loss of profit;
o loss of use;
o loss of goodwill;
o loss of business;
o loss of business opportunity;
o loss of anticipated saving;
o loss or corruption of data or information; or
o 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 to the extent permitted by law.
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 products and/or services is delayed by an event outside our control (for example, third party shortages of stock, natural disasters, pandemic or epidemic, 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 above.
· 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' section 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 (approx. HKD26,471*); and (ii) the total sums paid by you for the associated products and/or services. *4

BBX:

Berry Bros. & Rudd is committed to retaining the highest levels of quality and standards of product and all wines will be subject to Berry Bros. & Rudd’s rigorous quality control process. Please refer to Berry Bros. & Rudd’s Inspection Guidelines which are available on request. Subject to approval by Berry Bros. & Rudd, where stock has been declined eligibility for listing with BBX, we may offer to continue to store the stock in Private Reserves recorded as “ineligible for listing on BBX”.

If you transfer the ownership of wines an administration charge of £15 (approx. HKD159*) will be applied per request. We can arrange to transfer your In Bond wine from the Berry Bros. & Rudd warehouse to another bonded warehouse. This won’t incur any duty or VAT or GST charges. We charge a delivery fee which we calculate per transferred case and based on the destination warehouse. To get an accurate quote please email customergoodsout@bbr.com.

You hereby agree that Berry Bros. & Rudd may contact you to make an offer to purchase any of your wines held in your Private Reserves or to advise you of a potential third-party purchaser. To opt out of this service, please email selltobbr@bbr.com.

Insurance:

Customers’ Private Reserves are fully insured at our estimate of the replacement market value. We accept no liability should replacement stock not be available at our estimated value.

Change of personal details:

It is the responsibility of the customer to notify us of any change in contact details (telephone, email or postal address). You can do this in your account or by emailing help.hk@account.bbr.com.

Storage charges:

Please note that all storage charges are payable annually in advance. In the event of non-payment, the Right of Sale section below shall apply. 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, then our right of sale shall apply as set out in the Right of Sale section below.

Third party beneficiaries:

Irrespective of whether the wines in your Reserve have been bought for a third party or ownership is actually or beneficially transferred to that third party (whether related to you or not) and whether or not we have been informed of this, you, and only you, shall be our client in respect of your Reserves and shall be solely responsible for all payments and for providing all instructions in relation to the Reserve. You hereby agree to indemnify us against all and any liability, losses, expenses and costs arising from any claim of whatever nature made by such third parties and incurred by us in complying with your instructions and/or refusing to act upon such third parties’ instructions or otherwise.

For any further advice, please contact Customer Service.

Delivery

Standard and Specified Date services:

Orders of £200 (approx. HKD2,118*) or more (per delivery address) are delivered free of charge throughout Hong Kong 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 (approx. HKD2,118*) (excluding delivery charge and/or purchases of tasting tickets, gift vouchers and wines bought en primeur or in bond); this is chargeable at £10 (approx. HKD106*) per delivery address for Standard and Specified Date deliveries within Hong Kong. Please note that deliveries cannot be consolidated after they have been placed, with a delivery fee applying per individual order.

Withdrawing your wines:

It can take up to 2 additional working days to process your request to deliver your wine. During peak times (for instance Christmas) this can take longer but we will communicate this in advance. As a result we do not offer Premium Services for wines withdrawn from your cellar. When you withdraw your wine, you will need to pay Duty and VAT in UK 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 HKD96 (inc. VAT in UK, 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.

For the UK 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. *5

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 in the UK. Many of the UK’s leading wine merchants commit to the code and each member works within its regulations. For further details please contact: 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, price list, brochure and/or website. If, by mistake, we have underpriced an item or service, we will not be liable to provide that item to you at the stated price provided that we notify you before we despatch the item concerned or, if we are not despatching an item, within 7 working days of our acceptance of your order and we may cancel your order provided we refund you any payments you have made. You may agree to pay the correct price in which case we will proceed with your order. In the event that you have been overcharged for an item, a full refund of the difference will be given.

We reserve the right to change our prices. Please refer to the latest price list or our website for all current prices. Please note prices issued in the latest price list or on our website supersede any prices set out in these terms and conditions if they are different.

Unless otherwise stated, prices listed for wines are quoted per bottle and per case, and include VAT in UK at the current rate.
Prices are subject to currency and market fluctuations, changes in duty, VAT, tariffs, Goods and Services tax (GST), and/or any other taxes of UK or of any jurisdiction applicable, as well as stock remaining unsold. If any other currency is stated, this is subject to currency fluctuations and is an indication only.

En Primeur Cancellations

Wines ordered through our en primeur service can only be cancelled within 7 days of placing the order. A full refund of the purchase price of the wines will be given on receipt of formal notification in writing of cancellation of the order. Due to the unique nature of en primeur sales we regret that orders cannot be cancelled after this time. For specific terms and conditions relating to en primeur and Customer’s Private Reserves visit www.bbr.com/terms or contact us on +852 2511 2811.

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, United Kingdom.

Quality Guarantee and Policy

We are committed to providing our customers with an unsurpassed level of service and are equally committed to ensuring we provide a safe and legal product. If a wine is corked or faulty, we will, in the first instance, offer a replacement bottle; or if we are unable to replace the bottle from our stocks, we will offer a refund or credit to the replacement value of the wine. However, we will first require the return of the affected bottle for verification purposes. Many wines are sold to drink young so we offer a simple drinking guide to help clarify the optimum drinking time of all our wines. If a wine has been stored for longer than recommended, or stored inappropriately by you (or by us on your instructions), we will not be able to offer a refund and will not be liable to you, as set out in 'Our liability to you' section. If you believe a wine to be faulty, please contact us on +852 2511 2811 or email us at HKenquiries@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 product is faulty and in any event:

• where 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 doubt, where the drinking window for a wine has expired, no guarantee applies.

If you are a consumer, you may 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 , you have a right to reject our products within 30 days *6 if our products are faulty 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 UK Citizens Advice website www.citizensadvice.org.uk (for UK customers), the Consumer Council of Hong Kong website www.consumer.org.hk (for Hong Kong customers).
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.
Where wines are submitted to us for purchase by Berry Bros. & Rudd or for sale on BBX please refer to Berry Bros. & Rudd’s "inspection guidelines".

Other services, exclusive offers and vouchers etc

Promotional Vouchers

Unless specified otherwise, promotional vouchers cannot be used in conjunction with any other promotions or offers. Promotional vouchers may not be used to purchase events, En Primeur or In-bond wines or wines listed on our BBX fine wine exchange. Promotional vouchers cannot be used as payment for Duty and VAT in UK on wines for delivery from customers' private reserves. Promotional vouchers cannot be exchanged for cash or credit and cannot be used to discharge indebtedness on previous orders or in respect of accounts held at Berry Bros. & Rudd, nor any of its associated companies.

Promotions and special offers

Unless specified otherwise, promotions and special offers cannot be used in conjunction with any other promotions, promotional vouchers or offers. Promotions and special offers may not be used when purchasing events, En Primeur or In-bond wines or wines listed on our BBX fine wine exchange.

Our contract with you

Your order is an offer to buy from us. There will be no contract of any kind between you and us unless and until we accept your order and, in the case of wines and goods to be delivered to you, when we actually despatch the goods to you. At any point up until then, we may decline to supply the goods or services to you without giving any reason. At the moment we accept your order or in the case of delivery of goods, when the goods are despatched, a contract will be made between you and us.

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.

Payment

Invoices to Private Customers must be paid within 30 days after the invoice date; and
Invoices to Trade Customers must be paid on or before the 21st day of the month immediately following the month in which the invoice date falls.

All prices are quoted in Pounds Sterling or Hong Kong Dollars. Any applicable tax, duty and delivery charges will be added at the time of order or, in the case of Customer Reserves held in bond, when the relevant Reserves are delivered or collected.

For Customers outside Hong Kong, payment must (unless made at the time of order) be received prior to shipment of the relevant Goods or within 30 days after the date of invoice, whichever is the earlier. Customers outside Hong Kong who arrange their own delivery are responsible for the payment of any applicable tax and duty (or their equivalent) in the country of delivery.

Payments due to BB&R can be made by major credit or debit card, or by direct electronic transfer (bank details available on request). We reserve the right to reject any cash payments.

Any increase in freight charges, duty, tax and/or changes in rates of exchange following payment but prior to shipment or clearance from bond will be passed on to and be borne solely by the Customer. Similarly, if duties are reduced before shipping and/or clearance from bond, any reductions will be credited to the Customer.

If any amount remains unpaid after the due date for payment, then BB&R reserves the right at its sole and absolute discretion to do any or all of the following, without prejudice to any other rights or remedies of BB&R available at law or under these terms and conditions:

(a) Charge interest at 2% per month *7 on any amount remaining unpaid after the due date, calculated from the due date until the actual date of payment;

(b) Review and/or revoke retrospectively any special trading terms previously agreed in relation to the transaction(s) to which the Amounts Due (defined below) or any other unpaid amounts relate (including any previously agreed discounts, in which case BB&R may re-issue a revised invoice for the relevant goods at their full price);

(c) Require immediate payment upon demand by BB&R of all other unpaid amounts invoiced to the Customer (whether or not then due and payable); and/or

(d) Suspend or cancel any future deliveries to the Customer or orders from the Customer.

All payments payable to BB&R shall be made by the Customer in full, without any deduction, withholding, set-off or counterclaim.

BB&R reserves the right to correct any pricing errors at any time. Under no circumstances will BB&R be obliged to fulfil or proceed with a Customer's purchase of wine at an incorrect price even if BB&R has issued any automated acceptance of the Customer's order for wines displayed at the incorrect price and/or failed to inform the Customer of the error prior to purchase.

Ownership

All wines and spirits or other goods ordered remain the property of Berry Bros. & Rudd or its associates until payment of all sums due to us are received in full. Title to the goods shall not pass to the Customer until we receive payment in full (in cash or cleared funds):

(i) for those goods and any other goods that we have supplied to you;
(ii) all storage, transport and delivery charges; and
(iii) all other amounts due from you to us, whether related or unrelated to those goods or services in the said (i) and (ii) whatsoever;

in respect of which payment has become due (collectively “Amounts 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 collects them from us.

Right of Sale

All wines and spirits of the Customer which are held by us (i) for sale on BBX, or (ii) as your Private Reserves, or (iii) due to non-collection by the Customer, or (iv) for any other reason, are pledged to us as continuing security for the Amounts Due, as defined in the Ownership section above.

In the event of non-payment of any Amounts Due within 30 days from the date of the 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 such Amounts Due from the Customer by:

(a) selling to anyone at our absolute discretion some or all of the Customer’s wines and spirits and to deduct from the proceeds of sale the outstanding Amounts Due and any costs incurred in connection with the sale; and/or

(b) taking back and incorporating some or all of the Customer’s wines and spirits as our stock and to credit against the Amounts Due from the Customer what we reasonably believe to be the current market value of the wines and spirits taken back less 8% as administrative and handling charges.

In either case, the Customer hereby irrevocably appoints us as its attorney and agent and authorises us to sell its wines and spirits and execute all required agreements and documents to effect and perfect such sale on the Customer’s behalf. The Customer agrees that upon such sale, ownership of the wines and spirits 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, valued by a third party, or sold by auction or tender. Where we sell the wine for more than the Amounts 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. Any surplus will be refunded to the Customer interest-free upon receipt of the Customer’s written request for payment. Should the proceeds of sale not cover the Amounts Due from the Customer we reserve the right to recover the outstanding balance from the Customer as a debt.

If we exercise our right to sell any wines and spirits of the Customer held by us, 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 and spirits to be listed for sale with BBX from the Customer’s holding with us and an administrative listing fee of £30 (approx. HKD318*) will also be charged. In order not to affect the value of the Customer’s wines and spirits holding we will only list full case quantities for sale and not single bottles or split cases. This could mean we are listing wines and spirits in excess of the value of the outstanding debt in the Amounts Due. The Customer’s selected wines and spirits will be listed with BBX at prices based on Wine-Searcher/Liv-ex price for that day. Where no Wine-Searcher/Liv-ex price is available we will be entitled to list your wines and spirits 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 and spirits with BBX on the Customer’s behalf, we reserve the right to accept any reasonable bid made for your wines and spirits. We will ensure that only the best market rate bids on your wines and spirits placed through BBX are accepted. However, we cannot be held liable for any market variation should the Customer’s wines and spirits be sold at less than the original value or the price paid by the Customer for the wines and spirits.

In the event that any of your uncollected wines or spirits cannot be sold for any reason, we reserve the right to dispose of them to mitigate our losses from the expense of continued storage and claim the cost of such disposal reasonably incurred from you as a debt, in addition to any outstanding debt in the Amounts due.

You hereby agree to indemnify us and keep us indemnified from and against any and all liability, damages, losses, expenses and costs incurred by us in exercising the right of sale and/or disposal, including those arising from any claim of whatever nature made by any third parties.

Receipt of Goods

Deliveries from via the UK to Hong Kong can take time to be delivered due to some uncertainties with transportation logistics. These wines should be signed for as ‘Not Examined’ and you should inspect the goods as soon as possible and notify us immediately of breakages or wine shortages. We are unable to guarantee credit or replacements unless we are notified within 14 days of delivery of the order. Please be aware that multi-case orders can become separated. If you do not receive the balance of your order within 3 working days of the first delivery, please contact your local BB&R office. If wine has been purchased locally (via the website) it will be delivered between 2 to 5 working days, subject to local transportation logistics.

If you will not be at the delivery address at the time of delivery and wish us to leave your order in a safe place, please advise your local BB&R office. We regret that neither we nor our carriers can accept responsibility for any subsequent loss or damage which occurs once the consignment has been left.

Contact us via the following way:
HKenquiries@bbr.com / +852 2511 2811 for Hong Kong

Return of Goods/Cancellation

Subject to the specific cancellation provisions below in relation to specific services, orders for goods (to be delivered) may be cancelled within 10 working days of receipt of goods. A full refund will be offered provided that the goods remain in good condition and the request to cancel is received in writing. You can tell us you want to cancel your order by contacting us at HKenquiries@bbr.com / +852 2511 2811 for Hong Kong.

Any cancelled order will be refunded as soon as possible, usually within a week, but in any event within 30 days. If the order has been exported to outside the UK, upon cancellation the customer in Hong Kongwill be liable for all delivery charges incurred, and applicable taxes will also be charged back to the Customer. If returned wines are not deemed to be in a saleable condition, a re-delivery fee will also be charged. Contact us at HKenquiries@bbr.com / +852 2511 2811 for Hong Kong.

Sale or Return

All sale or return orders must be arranged in advance through contacting your local customer service team. They must include a minimum of £300 (approx. HKD3,177*) 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, with credit only being given for damaged or wrongly ordered stock. A collection charge of £10 (approx. HKD106*) per order will be applied to all sale or return order.

Substitutes/availability

All wines and spirits and other goods are subject to availability. When selecting the wines or other goods from our price list we try to ensure that they will remain available throughout the life of the list. However, some items will inevitably go out of stock, and we therefore reserve the right to select and deliver to you a substitute (of equal or higher value) to the wine you have ordered, to avoid delay in the delivery of orders. If we are unable to supply a particular item, or do not supply a substitute, we will not be liable to you except to ensure that you are not charged for that item.

Updating your stored payment card

Strong Customer Authentication (SCA) makes buying online more secure and reduces the potential for fraud. Regulations have changed in the UK meaning that debit and credit card issuers will be legally required to verify cardholders’ identities through a process known as 2 factor authentication (2FA). Similar requirements may also apply outside of UK. Authentication can be satisfied in many ways with your card issuer. These range from a code sent to your mobile, a phone call to your landline, the use of a card reader or having to log into your banking app to verify the transaction. It’s important that you keep up-to-date contact details with your card issuer. Authentication must be satisfied with the card issuer first before the merchant can request the transaction to be authorised. Once the cardholder has authenticated it’s unlikely they will be repeatedly challenged on subsequent transactions with that merchant. However, in the UK, customers do have the option to ‘white list’ merchants they shop with online if they want to remove future challenges from the card issuer.
If the transaction is challenged but not authenticated, the card issuer will decline the request for payment authorisation. Your transaction will not be processed. Online merchants like Berry Bros. & Rudd are still able to initiate recurring payments if the customer has stored their card credentials with the merchant. However, a record of the original customer transaction must be stored in order to create the validation flag for subsequent transactions.
Logging onto your BBR account to delete and re-add a stored card will create the necessary transaction identifier. The SCA regulation in the UK will not apply to telephone orders, instore purchases, bank transfers or direct debits.

Verification Checks

To ensure that your credit, debit or charge card is not being used without your consent, we will validate name, address and other personal information supplied by you during the order process against appropriate third-party databases. By accepting these terms and conditions you consent to such checks being made. In performing these checks personal information provided by you may be disclosed to a registered Credit Reference Agency which may keep a record of that information. You can rest assured that this is done only to confirm your identity, that a credit check is performed and that your credit rating will be unaffected. All information provided by you will be treated securely and strictly in accordance with the Personal Data (Privacy) Ordinance (Cap. 486) of Hong Kong and any other data protection laws applicable in your jurisdiction.

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.

Liability

Our liability to you arising from or relating to these Terms and Conditions, any contract with you, and/or any of our products or services shall not exceed and shall be limited to, for all causes of action, the total sum paid for the goods and any associated services. We shall not be liable for any indirect, special, incidental, consequential (including lost profits and loss of goodwill, opportunity costs, loss of business, damage to reputation), exemplary or punitive damages.

Your right to end the contract

You can end your contract with us by cancelling your order (see above), if the product you have bought is faulty (see "Quality guarantee and policy") (in which case you may be due a refund), or because of something we have done or told you which we are going to do. This could be that we have told you about an upcoming change to these terms or any specific terms governing your purchase, which you do not agree to; or if we have told you about an error in the price or description of the goods you have ordered, and you do not wish to proceed. See "Return of goods/cancellation" for further details of how to cancel.

Changes to these terms

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 a banner appearing on the homepage of our 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 terminate the contract before the changes take effect.
In some cases, where you have made one-off purchases of products (rather than obtained an ongoing service from us), you may continue to be governed by the same terms applicable during your purchase. Where relevant, we will make clear which contracts are subject to changes to the updated terms.

Rights of Third Parties excluded

No person or entity other than Berry Bros. & Rudd and the Customer, shall have any right under the Contracts (Rights of Third Parties) Act 1999 of Hong Kong to enforce any term of these Terms and Conditions or any Contract, regardless of whether such person or entity has been identified by name, as a member of a class or as answering a particular description.

WHAT IT COSTS

Storage costs are charged per case. This is based on a 9-litre case (12 x 750ml bottles).

We’ll send you a yearly invoice, asking you to pay in advance for the total volume in litres stored with us, and pro-rata the price accordingly.

Costs differ for UK and International customers, please check below for more details. Prices include VAT or other sales taxes in UK or Hong Kong, where applicable.

Hong Kong Customer costs

These costs exclude VAT or GST in UK or Hong Kong, where applicable.

Charge type	Amount	Details
Annual storage fee	£12.60 (approx. HKD135*)	Preferential rate for Cellar Plan members per 12-bottle case
Annual storage fee	£14.40 (approx.HKD155*)	Standard rate per 12-bottle case
Standard delivery to HK addresses	Free	Unsplit cases of wine
Standard delivery to HK addresses	£10 (approx. HKD107*)	If your delivery contains at least one split case of wine. For example if you only want to withdraw a single bottle from a case of 6.

* All prices and monetary thresholds specified in these Terms & Conditions are denominated and payable in GBP (Great British Pounds). Any approximate values provided in non-GBP currencies are for information purposes only and are not contractually binding. Payments made in non-GBP currencies shall be converted to GBP based on the prevailing exchange rate at the time of payment, as determined by a reputable financial institution chosen by us. In the event of late payment of any Amounts Due (as defined above), and without prejudice to our other remedies, we reserve the right to determine the equivalent amount payable in GBP by applying the most favourable exchange rate to us from one of the following points in time: (a) the date of receipt of payment, (b) the date the contract was entered into, (c) the date the amount became due, or (d) the date of our last demand for payment. It is agreed that this provision is intended to mitigate our any losses associated with currency fluctuations arising from delayed payment.