Terms and conditions of use for the ASDA Groceries Website

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Last Updated: 24/06/2011

The ASDA Groceries Website aims to give You a superb home shopping service. We have set out the guidelines below to let You know what You can expect from Us and see the terms on which You place Your order.

Collection Service Trial: Please note that the ASDA Grocery Website Collection Service is currently only available on a trial basis in a limited area. You will receive a notification upon signing into your ASDA grocery account if You are located in Our trial Collection catchment area. If you do not receive this notification, We unfortunately are not able to provide the Collection Service in Your area at the moment.



Definition of Terms


"You" and "Your" means the person ordering Goods from ASDA, who must be over 18 years of age.

"ASDA or "We" or "Us" or "Our" means ASDA Stores Limited whose registered office is at ASDA House, Southbank, Great Wilson Street, Leeds, LS11 5AD.

"Account" means Your details and shopping history which is created when You register to shop through the Our Groceries Website.

"Deliver" means Us delivering the goods that You order to the address stated in Your order (and that address must be within Our delivery area) and "Delivery" and "Delivered" shall be interpreted accordingly.

"Collect" means You collecting the goods that You order from the ASDA store address that is stated in Your order (and that address must be within Our collection catchment area) and "Collection", "Collecting" and "Collected" shall be interpreted accordingly.

"Let Us Know" means change or cancel Your order via Our Groceries Website or call Our Groceries Contact Centre. You may also write to Us at Head of Home Shopping, ASDA House, Southbank, Great Wilson Street, Leeds, LS11 5AD.

"Site" or "Website" means Our Groceries Website at http://groceries.asda.com and for the avoidance of doubt, excludes purchases of financial services goods, and from all other areas of ASDA.com.



http://groceries.asda.com:80/asda-estore

Becoming a Customer


1.1 To place an order on Our Website You must be over 18 years of age, require Delivery in Our delivery area or a Collection in Our collection catchment area and have a credit or debit card acceptable to Us in Your name.

1.2 When You register You will create a username and password which You must use whenever You shop with Us. Please keep these in a safe place as You will be responsible for all activities and orders made under Your password and username. If You think that someone else may either know or be using Your username and password, please contact Us immediately.

1.3 We reserve the right to decline a new customer registration or suspend Your Account at any time and at Our sole discretion.



Our Contract


2.1 Our Website invites You to buy goods from Us. Once You have placed an order on the Website We will send You an order acknowledgement by email setting out what You have ordered with the in-store prices on the day of order. This is not an order confirmation or acceptance from Us. A legally binding contract with You will only arise once We have completed Delivery of the goods to You or You have completed Collection of the goods from Us. At this time You become the owner of the goods. This means that You will have no legal liability in connection with Your order until Delivery or Collection (as applicable) is completed.

2.2 These terms regulate the supply of goods to You by ASDA. Any other terms, conditions or representations (other than those made fraudulently or implied by statute) are excluded.

2.3 The failure of ASDA to take any action in respect of a breach of these terms and conditions shall not constitute a waiver of their enforceability. ASDA reserves its rights in respect of these terms and conditions at all times.



Price


3.1 Prices on the website are the prices charged in store on that day. As prices may change on a daily basis, and the website is updated overnight, prices are therefore a guide only. There may be variations by the time We are due to Deliver, or You are due to Collect, Your order. When You shop online You will pay the same price (excluding Our online only promotions) that You would pay if You came to Our Store to do Your shopping on that day.

3.2 As it is difficult to select loose items such as fruit, vegetables, meat and poultry etc to an exact weight, We'll charge You for the actual weight picked - and We always try and get as near as possible to the weight You ordered.

3.3 In addition to the price, a Delivery or a Collection charge as shown at checkout will also be payable by You.

3.4 There is a minimum order value of £25.00.

3.5 Pre-Authorisation Procedure: For Your protection and security, and in order to verify the debit or credit card details provided, We will contact Your card issuer on the day You checkout Your order to request a pre-authorisation of £1.00. We will verify Your card for £1.00 each time You amend Your order. It is important to point out that this pre-authorisation is NOT a charge to Your card and will not be billed to You. Your card issuer may hold this amount for a short period, but this will never be taken from Your account. Then, on the evening before Delivery or Collection We will request another pre-authorisation for the full order amount in addition to the £1.00 pre-authorisation amount. We do this to ensure that the card details are still valid and that You have sufficient funds to complete the transaction. We take NO payments from Your account before Your order is Delivered or Collected, so You will only be charged for items once they are Delivered or Collected as stated in 3.6 below. In the unlikely event that the £1.00 pre-authorisation is initially unsuccessful (and subsequently approved), and You amend Your order following the full value pre-authorisation, You may be pre-authorised twice. However, only one payment will be taken from Your payment card. In a small number of cases, some card issuers may hold the full pre-authorisation amount for a limited time (usually 3-10 days). This money will NOT be taken from Your account and is not held by ASDA.

3.6 We will debit the price, plus any Delivery or Collection charge, from Your debit or credit card once We have Delivered Your goods or You have Collected Your goods.

3.7 All prices quoted are inclusive of any Value Added or other tax



No Excuses Guaranteed


4.1 You can cancel or amend Your order at any time. Due to how Our systems work, if You want to add goods to Your order and keep the same Delivery or Collection date, You need to Let Us Know before 10pm on the day before Your order is due to be Delivered or Collected. If You want to remove goods from Your order or cancel it altogether, it is preferable if You Let Us Know before 5pm on the day before Your order is due to be Delivered or Collected. This helps Us keep Our costs down and Our prices low and releases Delivery and Collection slots for other customers. However if You forget or change Your mind later, simply tell Our driver when s/he Delivers Your order or Our Collection colleague when You Collect Your order, and s/he will initiate a refund and take away the goods You don't need.

4.2 You can change Your order anytime up to Delivery or Collection, but We won't necessarily be able to Deliver during Your originally selected Delivery slot, or provide Your Collection during Your originally selected Collection slot. We may need to agree another day and time to complete Your order.

4.3 If, on Delivery or Collection, the quality of any of Your shopping is not to Our usual high standards, We will happily refund the money. You must Let Us Know as soon as possible (You can tell Our driver when he makes the Delivery or You can tell Our Collection colleague when You make the Collection) and at the latest within 7 working days after We Deliver Your order to the delivery address or You Collect Your order from the Collection address. You are responsible for the goods from Delivery or Collection and You must store the goods in the manner appropriate to the type of goods (e.g. keep chilled items chilled, frozen item frozen etc.) as We may require them to be returned and they must be returned to Us in the same condition as they were Delivered to, or Collected by, You.

4.4 Other than for any goods set out in clause 4.5 or goods which by reason of their nature cannot be returned or are liable to deteriorate, or expire rapidly, You may also cancel Your order at any time up to 7 working days from the day after the day the goods are Delivered to You or are Collected by You. Please Let Us Know and We will then let You know whether You are able to cancel. You must store the goods in a manner appropriate to the type of goods as explained in clause 4.3 above. Other than for goods which are faulty or misdescribed when We Deliver them to You or when You Collect them from Us, We may require You to return goods at Your cost and in the same condition as they were Delivered to, or Collected by, You.

4.5 Your right to return an item does not apply to certain goods unless these goods are faulty on Delivery or Collection or mis-described. Such items include:

  • Newspapers and magazines;
  • CDs, DVDs, videos and computer software, which may be restricted to an exchange for the same title to reduce the risk of unlicensed copying;
  • perishable items;
  • items which cannot be resold for health and hygiene reasons once unwrapped (for example body jewellery, mattresses, bedding, certain items of clothing, personal grooming products, medicines and certain baby products etc.);
  • flat pack furniture that has been partially or fully assembled; and items which have been installed using Our installation service.

You are required to take reasonable care of items. Please return an item in its original and undamaged packaging with all of its components. If an item is returned undamaged in its original and undamaged packaging, We will offer You a refund in accordance with Our refund policy in clause 4.4.Your rights under consumer legislation for these goods are not affected.

4.6 If You return goods or cancel Your order under this clause 4 and We have already debited Your card, We will reimburse any sum received from You in respect of such goods by crediting the card You paid with.

4.7 Country of Origin. We take great care to source Our fresh produce from sustainable and ethical sources, supporting growers when seasonality and availability permit. This involves produce being sourced when it is in season from countries around the world. Consequently You may receive the same product from a number of different countries throughout the year. You will be able to see the country of origin on the pack at the point of Delivery or Collection, or alternatively You can ring Your local store and ask for the country of origin of any item of produce. If the country of origin of Our produce does not meet Your expectations We will happily refund the money. Please let Us know as soon as possible after You receive Your order. But remember, We need to receive this within 7 days after You received Your order. You must store the goods in the manner appropriate to the type of goods (e.g. keep chilled items chilled) as We may require them to be returned and they must be returned to Us in the same condition they were Delivered to, or Collected by, You.



Stock Shortages on Popular Goods


5.1 We do Our best to ensure that We have amazing availability but We do occasionally run out of some goods. When You place Your order We will ask if You would like Us to substitute an alternative similar product if Your chosen goods are not in stock at the time We dispatch Your order. If You do and when You receive Your order, You are not happy with the substitution, please Let Us Know as soon as You can so that We may handle this in accordance with clause 4. Our drivers are trained to take You through the substitutions on the doorstep so if You let Our driver know s/he will take the goods away at that time. Our Collection colleagues are also trained to take You through the substitutions upon Collection, so if You let Our Collection colleague know s/he will take the goods away at that time.



Delivering Your Goods


6.1 We always aim to Deliver Your goods within the Delivery slot We have agreed with You, but We cannot accept liability if We Deliver the goods outside of this slot or don't Deliver all or any of the goods in Your order.

6.2 Ownership of, and risk in, the goods will pass to You once We have Delivered Your order. If the delivery address stated on Your order is not the address where You live We will not be liable for any damage or detriment to the goods caused by their onward delivery to You.

6.3 We can only Deliver to an address stored in Your address book in the Your Account section of Our Website. We can only make a Delivery to an address within Our delivery area.

6.4 If there is no one at the Delivery address who is 18 years of age or over, We'll leave notification of Our visit and will return the goods to Our store. We'll then contact You to arrange re-Delivery at a convenient time. You may have to pay another Delivery charge for this. Customers who are lucky enough not to look 25 or over, will be asked by Our driver to provide proof of age to show that they are 18 or over. Orders can only be Delivered to persons over 18 years of age to ensure that We comply with laws regarding the sale of age-restricted goods e.g. alcohol.

6.5 Due to licensing restrictions We can only Deliver alcohol during the licensing hours that are within Our Delivery times. These will vary by store but are currently 8am - 10pm Monday to Saturday and 10am - 10pm Sunday.



Collecting Your Goods


7.1 We always aim for You to be able to Collect Your order within the Collection slot We have agreed with You, but We cannot accept liability if We provide the goods for Collection outside of this slot or do not provide all or any of the goods in Your Collection order.

7.2 Ownership of, and risk in, the goods will pass to You once You have Collected Your order.

7.3 We can only allow Collection of orders from the ASDA store address stated in your order (and that address must be within our collection catchment area). Your address (as stated in Your address book in the Your Account section of Our Website) must also be within Our collection catchment area.

7.4 For security reasons, Our Collection colleague will ask You a security question at the point of Collection of Your order.

7.5 If there is no one to collect Your order at the Collection point who is 18 years of age or over, We will notify You and return the goods to Our store. We'll then contact You to re-arrange Collection at a convenient time. You may have to pay another Collection charge for this. Customers who are lucky enough not to look 25 or over, will be asked by Our Collection colleague to provide proof of age to show that they are 18 or over. Orders can only be Collected by persons over 18 years of age to ensure that We comply with laws regarding the sale of age-restricted goods e.g. alcohol.

7.6 Due to licensing restrictions We can only provide alcohol for Collection during the licensing hours that are within Our Collection times. These will vary by store but are currently 8am - 10pm Monday to Saturday and 10am - 10pm Sunday.



What We are Not Liable For


8.1 Whilst We take every care to Deliver Your order or provide Your order for Collection (as applicable), We cannot be liable for any indirect or consequential loss or damage or loss of profits or reliance You had in having the goods Delivered to You or having the goods available for Collection from Us, arising out of Our supply or failure to supply the goods to You.

8.2 Nothing in this Agreement shall in any way limit Our liability for death or personal injury resulting from Our breach of contract, tort or negligence nor limit any legal rights You have as a consumer.

8.3. The goods are sold to You on the basis that You are a consumer therefore We will not be liable for any special losses that You might suffer using, re-distributing or reselling the goods as part of a business.

8.4 With the exception of faulty goods or returns made in accordance with these paragraphs 4.1 to 4.6 of these terms, We shall not be liable for goods once they have been Delivered to the delivery address, or Collected from us at the collection address, stated in Your order and if You ask a third party to move, transport or deliver the goods to any other address following Our Delivery or Your Collection, We shall not be liable for anything that that third party might do to the goods.



Use of Cards


9.1 If You find Your card has been used without Your authority please tell Us within 24 hours of finding out. You must also tell Your card issuer within the time limits You agree in Your card scheme rules.

9.2 You must pay for Your order using a UK based credit or debit card.



Expiry Dates


10.1 The colleagues who put together Your order are carefully trained to select goods with a reasonable amount of time left on the expiry date (just as You would if You were in store shopping Yourself). However, please note that some fresh produce items naturally only have limited shelf life when they arrive in the store, therefore it is reasonable for them to have a shelf life of less than two days when they are Delivered or Collected.



eVouchers


11.1 eVouchers are valid only on Grocery shopping orders placed on Our Groceries Website subject to these general terms and conditions. Your use of an eVoucher indicates Your agreement to be bound by these eVoucher terms and any eVoucher terms on the eVoucher itself. ASDA will only honour an eVoucher if it is used in line with these terms and conditions of issue.

11.2 eVouchers that have not been issued by ASDA cannot be used on Our Website.

11.3 eVouchers that have been issued by ASDA are and shall remain the property of ASDA.

11.4 eVouchers can be added to Your Account by entering the code at checkout or in the Your Promotions/eVouchers section in Your Account. To apply an eVoucher to Your order You must select it in the promotions section at checkout. Use of an eVoucher may be subject to You providing proof of entitlement to use the eVoucher.

11.5 Each eVoucher issued is subject to specific terms and conditions of use. Unless expressly stated otherwise:

  • eVouchers cannot be used in ASDA stores;
  • eVouchers are not transferable and there is no cash alternative available.

11.6 Each eVoucher issued may be subject to other terms and conditions of use which may include, amongst other things,

  • only for use on orders placed on specific day(s) or within a specified period;
  • only for use on orders for Delivery or Collection on specific day(s);
  • only for use on orders for Delivery or Collection within a specified timeslot;
  • only for use on orders of a specific value;
  • only for use on a first order by a new customer;
  • only valid on orders that must contain a specific product, or a combination of specific goods;
  • may specifically exclude certain goods (which will always be tobacco, infant formula milk and prescription medicines but may exclude other goods as notified from time to time);
  • cannot be used in conjunction with either specific eVoucher(s) or any other eVoucher(s) whatsoever.

11.7 All eVouchers have an expiry date. After the expiry date the eVoucher will be removed from Your Account.

11.8 All offers are subject to availability and while stocks last.

11.9 eVoucher value(s) may be adjusted if the total discount value is greater than the value of Your order.

11.10 ASDA reserves the right to withdraw or cancel any of its eVouchers at any time, either as a whole or for specific goods, or Delivery or Collection areas. If this happens, then the eVouchers may not be used for any orders placed after the date of withdrawal or cancellation. ASDA reserves the right to reject or cancel the use of an eVoucher where fraud or illegal misuse is suspected.

11.11 All eVouchers are, and will remain at all times, the property of ASDA and are not transferable or for resale.

11.12 No eVoucher may be copied, reproduced, published or distributed directly or indirectly in any form for use by anyone other than the original recipient.

11.13 In using an eVoucher You warrant that You are the duly authorised recipient of it. If You redeem or attempt to redeem an eVoucher to which You are not entitled You may be committing a civil or criminal offence.

11.14 If We believe that any eVoucher is being misused illegally or where fraud is suspected, ASDA reserve the right to withdraw or cancel an eVoucher and take any further action as ASDA deem appropriate.

11.15 You will have no claim against ASDA in respect of such rejection or cancellation of an eVoucher.

11.16 ASDA shall not be liable to any customer or household for any financial loss arising out of the cancellation or withdrawal of any eVoucher or any failure or inability of a customer to use an eVoucher for any reason.



Ownership of the ASDA Grocery Website


12.1 The contents of the ASDA Grocery Website is protected by rights such as copyright, design rights, patents, trademarks and other intellectual property rights. Of course You can download and view the contents of the ASDA Grocery Website on a computer screen or print one copy of the contents for Your own non-commercial use as long as You keep within the copyright and proprietary notices.



Non ASDA Websites


13.1 Sometimes to help You in Your shopping experience We may include links to other non ASDA websites. As You would expect, ASDA is not responsible for the content of those websites.



Governing Law


14.1 This contract is subject to English law and the exclusive jurisdiction of the English courts.



Changes to these Terms


15.1 If We make any changes to these terms We will let You know as soon as possible by posting the changes on Our Website - and We will update the date shown.



Company Info


The ASDA Groceries Website is run by ASDA Stores Limited whose registered office is at:
Southbank,
Great Wilson Street,
Leeds
LS11 5AD

VAT registration = GB 362 0127 92
Company Registration = 464777



Customer Services


Customer Services,
ASDA House,
Southbank,
Great Wilson Street,
Leeds,
LS11 5AD

Telephone: 0800 952 6060
Minicom: 0800 0683003


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