Terms & Conditions

This page (together with our Privacy Policy,) tells you information about us and the legal terms and conditions (Terms) on which we sell any of the products (Products) listed on our website (our site) to you.

These Terms will apply to any contract between us for the sale of Products to you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any Products from our site.  Please note that by ordering any of our Products, you agree to be bound by these Terms and the other documents expressly referred to in it

You should print a copy of these Terms for future reference.

We amend these Terms from time to time as set out in clause 7. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time. These Terms were most recently updated on 4th October 2013.

These Terms, and any Contract between us, are only in the English language.

1. Information about us

1.1 We operate the website http://www.uptonwines.co.uk. We are Upton Upon Severn Wines Limited, a company registered in England and Wales under company number 04601936 and with our registered office at 8 New Street, Upton Upon Severn, Worcestershire WR8 0HR.  Our main trading address is Upton-upon-Severn Wines Ltd, 8 New Street, Upton-upon-Severn, Worcestershire, WR8 0HR. Our VAT number is 687967643.

1.2 To contact us, please see our Contact Us page.

2. Our Products

2.1 All Products shown on our site are subject to availability. We will inform you by e-mail as soon as possible if the Product you have ordered is not available and we will not process your order if made.

3. How we use your personal information

We only use your personal information in accordance our Privacy Policy. For details, please see our Privacy Policy. Please take the time to read these, as they include important terms which apply to you.

4. If you are a consumer

This clause 4 only applies if you are a consumer.

4.1 Age:

(a) If you are a consumer, you may only purchase Products from our site if you are at least 18 years old; 

(b) By placing an order with us you confirm that you are at least 18 years of age at the time and date the order is placed;

(c) If you are buying a case of wine as a gift, the recipient must also be over 18 years old;

(d) If our couriers are in any doubt about the age of the recipient on delivery, they will request some form of ID. If the person receiving the wine is unable to produce appropriate ID, unfortunately our couriers will be unable to leave the wine; and

(e) Once the wine has been delivered, according to your original delivery instructions, it becomes the recipient's responsibility. This does not affect your right to a replacement case if it is stolen as set out in our delivery promise.

4.2 As a consumer, you have legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.

5. If you are a business customer

This clause 5 only applies if you are a business.

5.1 If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our site to purchase Products.

5.2 These Terms and our Privacy Policy, constitutes the entire agreement between you and us. You acknowledge that you have not relied on any statement, promise or representation made or given by or on behalf of us which is not set out in these Terms or our Privacy Policy.

6. How the contract is formed between you and us

6.1 For the steps you need to take to place on order on our site, please see our Help page.

6.2 Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.

6.3 After you place an order, you will receive an e-mail from us acknowledging that we have received your order.  However, please note that this does not mean that your order has been accepted.  Our acceptance of your order will take place as described in clause 6.4.

6.4 We will confirm our acceptance to you by sending you an e-mail that confirms that the Products have been dispatched (Dispatch Confirmation) or are ready for collection from our premises (Collection Confirmation).  The Contract between us will only be formed when we send you the Dispatch Confirmation or Collection Confirmation.

6.5 If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because of an error in the price on our site as referred to in clause 12.5, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount as soon as possible.

7. Our right to vary these terms

7.1 We may revise these Terms from time to time in the following circumstances:  

(a) changes in how we accept payment from you;  and

(b) changes in relevant laws and regulatory requirements.

7.2 Every time you order Products from us, the Terms in force at that time will apply to the Contract between you and us.

7.3 Whenever we revise these Terms in accordance with this clause 7, we will keep you informed and give you notice of this by stating that these Terms have been amended and the relevant date at the top of this page.

8. Corked wine

8.1 A corked wine does not mean that it has particles of cork floating in the bottle. 'Corked' is term for wine that has become contaminated by TCA (2,4,6-Trichloroanisole). TCA is formed when natural fungi (which may reside in cork) come in contact with certain chlorides found in bleaches and other winery sanitation / sterilisation products. If a winery uses infected corks the wine may become tainted. Whilst unpleasant to taste, cork taint is not in any way harmful to humans. Corked wines smell and taste of damp, soggy, wet, or rotten cardboard. Cork taint dulls the fruit in a wine, renders it lackluster and cuts the finish.

8.2 Subject to clause 9, If you feel that a wine is Corked as defined within this clause 8 then please contact us in accordance with clause 17.  We will be happy to accept the return of Corked wine for testing by us.  If the returned wine is found to be Corked no charge will be made for the return and we will either refund the cost of the bottle or replace the bottle with a bottle of that product or where unavailable a bottle of a product that is of equivalent value and or type.  Where returned wine is found not to be Corked then a charge will be made for its return and no refund of the product will be made.

9. Your consumer right of return and refund

9.1 If you are a consumer, you have a legal right to cancel a Contract under the Consumer Protection (Distance Selling) Regulations 2000) during the period set out below in clause 9.5. This means that during the relevant period if you change your mind or for any other reason you decide you do not want to keep a Product, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract under these regulations is available from your local Citizens' Advice Bureau or Trading Standards office.

9.2 If some or all of the bottles of wine in a case are broken when they are delivered, you should notify us as soon as possible. You may choose either to return the whole case or just the affected bottles for a refund.

9.3 You must notify us of all wines which are due to be returned for any of the reasons stated in this clause within 90 days from delivery of the wine, otherwise you cannot rely on Clause 9.2 above. Please notify us in accordance with clause 17.

9.4 However, this cancellation right does not apply in the case of any bottles that have been opened or which are not intact.

9.5 Your legal right to cancel a Contract starts from the date of the Dispatch Confirmation or the Collection Confirmation, which is when the Contract between us is formed. If the Products have already been delivered to you, you have a period of 7 (seven) working days in which you may cancel, starting from the day after the day you receive the Products. Working days means that Saturdays, Sundays or public holidays are not included in this period.

9.6 To cancel a Contract, please contact us in writing to tell us by sending an e-mail to This email address is being protected from spambots. You need JavaScript enabled to view it. or by sending a letter to Upton-upon-Severn Wines Ltd, 8 New Street, Upton-upon-Severn, Worcs WR8 0HR. You may wish to keep a copy of your cancellation notification for your own records. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you sent us the e-mail or posted the letter to us. If you call us to notify us of your cancellation, then your cancellation is effective from the date you telephone us. You will receive a full refund of the price you paid for the Products and any applicable delivery charges you paid for. We will process the refund due to you as soon as possible and, in any case, within 30 calendar days of the day on which you gave us notice ofcancellation as described in clause 9.6. If you returned the Products to us because they were faulty or mis-described, please see clause 9.7.

9.7 If you have returned the Products to us under this clause 8 because they are faulty or mis-described, we will refund the price of a defective Product in full, any applicable delivery charges, and any reasonable costs you incur in returning the item to us.

9.8 We refund you on the credit card or debit card used by you to pay.

9.9 Whether the Products were delivered to you or collected from our premises:

(a) you must return the Products to us as soon as reasonably practicable. If the Products require collection, we will collect the Products from the address to which they were delivered. We will contact you to arrange a suitable time for collection;

(b) unless the Products are faulty or not as described (in this case, see clause 9.7), you will be responsible for the cost of returning the Products to us or, where relevant, the cost of us collecting the Products from you.

(c) you have a legal obligation to keep the Products in your possession and to take reasonable care of the Products while they are in your possession.

9.10 Any wines collected by our carrier must be in their original box to avoid further breakages, where possible.

9.11 Details of your legal right to cancel and an explanation of how to exercise it are provided in the Dispatch Confirmation or Collection Confirmation.

9.12 As a consumer, you will always have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by the returns policy in this clause 8 or these Terms. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.

10. Delivery and or Collection

10.1 Your order will be fulfilled or ready for collection by the estimated delivery date set out in the Dispatch Confirmation or Collection Confirmation, unless there is an Event Outside Our Control. If we are unable to meet the estimated delivery or collection date because of an Event Outside Our Control, we will contact you with a revised estimated delivery or collection date.

10.2 Delivery will be completed when we deliver the Products to the address you gave us.

10.3 If no one is available at your address to take delivery, we will leave you a note stating that we have attempted delivery and that delivery will be attempted again within an identified time period. .f no one is present to accept delivery after it has been reattempted then our courier will leave a note stating that the Products have been returned to our courier’s premises for collection by you.  Where the product is not collected from our courier within [ ] days it will be returned to us and you will have to pay for further delivery..

10.4 The Products will be your responsibility from the completion of delivery or collection from our premises where appropriate.

10.5 You own the Products once we have received payment in full, including all applicable delivery charges.

11. No international delivery

11.1 Unfortunately, we do not delivery to addresses outside the UK.

11.2 You may place an order for Products from outside the UK, but this order must be for delivery to an address in the UK.

12. Price of products and delivery charges

12.1 The prices of the Products will be as quoted on our site from time to time. We try to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However if we discover an error in the price of Product(s) you ordered, please see clause 12.5 for what happens in this event.

12.2 Prices for our Products may change from time to time, but changes will not affect any order which we have confirmed with a Dispatch Confirmation or Collection Confirmation.

12.3 The price of a Product includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.

12.4 The price of a Product does not include delivery charges. Our delivery charges are as quoted on our site from time to time. To check relevant delivery charges, please refer to our Delivery Charges page.

12.5 Our site contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our site may be incorrectly priced. If we discover an error in the price of the Products you have ordered we will inform you in writing  to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price.

13. How to pay

13.1 You can only pay for Products using a debit card or credit card and PayPal. We accept the following cards: VISA and MasterCard.

13.2 Payment for the Products and all applicable delivery charges is in advance.  Debit Card, Credit Card and PayPal is charged automatically once the checkout is complete.

14. Our liability if you are a business

This clause 14 only applies if you are a business customer.

14.1 We only supply the Products for internal use by your business, and you agree not to use the Product for any re-sale purposes.

14.2 Nothing in these Terms limit or exclude our liability for:

(a) death or personal injury caused by our negligence;

(b) fraud or fraudulent misrepresentation;

(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or

(d) defective products under the Consumer Protection Act 1987.

14.3 Subject to clause 14.2, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:

(a) any loss of profits, sales, business, or revenue;

(b) loss or corruption of data, information or software;

(c) loss of business opportunity;

(d) loss of anticipated savings;

(e) loss of goodwill; or

(f) any indirect or consequential loss.

14.4 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.

15. Our liability if you are a consumer

This clause 15 only applies if you are a consumer.

15.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.

15.2 We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

15.3 We do not in any way exclude or limit our liability for:

(a) death or personal injury caused by our negligence;

(b) fraud or fraudulent misrepresentation;

(c) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);

(d) any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and

(e) defective products under the Consumer Protection Act 1987.

15.4 Customers should also be aware of the following inherent risks and warnings:

(a) Alcohol should be consumed in moderation.

(b) A case of wine is heavy so extra care should be taken when lifting it. If you are concerned about the weight, we advise that you transfer the bottles one or two at a time.

(c) Red wine in particular may cause staining if spilt so extra care should be taken.

(d) Sparkling wines and champagnes can be volatile due to the build up of gases, so extra care should be taken when opening these.

16. Events outside our control

16.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 16.2. 

16.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

16.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:

(a) we will contact you as soon as reasonably possible to notify you; and

(b) our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.

17. Communications between us

17.1 When we refer, in these Terms, to "in writing", this will include e-mail.

17.2 If you are a consumer:

(a) To cancel a Contract in accordance with your legal right to do so as set out in clause 8, you must contact us in writing by sending an e-mail to This email address is being protected from spambots. You need JavaScript enabled to view it. or by sending a letter to Upton-upon-Severn Wines Ltd, 8 New Street, Upton-upon-Severn, Worcs., WR8 0HR OR please contact our Customer Services telephone line on 01684 592668 . You may wish to keep a copy of your cancellation notification for your own records. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you sent us the e-mail or posted the letter to us. [If you call us to notify us of your cancellation, then your cancellation is effective from the date you telephone us.]

(b) If you wish to contact us in writing for any other reason, you can send this to us by e-mail or by pre-paid post to Upton-upon-Severn Wines Ltd, 8 New Street, Upton-upon-Severn, Worcs., WR8 0HR. You can always contact us using our Customer Services telephone line 01684 592668.

17.3 If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.

17.4 If you are a business, please note that any notice given by you to us, or by us to you, will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter.  In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee. The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.

18. Other important terms

18.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms. We will always notify you in writing or by posting on this webpage if this happens.

18.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.

18.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.

18.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

18.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

18.6 If you are a consumer, please note that these Terms are governed by English law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.

18.7 If you are a business, these Terms are governed by English law. This means that a Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), will be governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

18.8 We will not file a copy of the Contract between us.

18.9 Contracts for the purchase of products through this site will be governed by English Law. Any dispute arising from or related to such contracts shall be subject to the exclusive jurisdiction of the English Courts.