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Asda Direct Product Terms & Conditions for the Czech Republic and Slovakia

 

Last Updated : 6 June 2013

Please take time to read these terms and conditions carefully as they affect your rights and liabilities under the law. By accessing this site and/ or placing an order, you agree to be bound by these terms and conditions.

These terms and conditions also govern purchases fulfilled via ASDA Delivery Limited, ASDA Guernsey Limited and any of our fulfilment partners. Additional terms and conditions relating to International Delivery outside of the UK apply*. To view please click here.

*UK (United Kingdom) means [England, Wales, Scotland and Northern Ireland.]

 

1. Descriptions, prices and product information

1.1 We aim to show items as accurately as possible, but they may look different in the flesh. We take great care to reproduce item descriptions and specifications provided by manufacturers accurately, but occasionally we make mistakes. If there is anything which is unclear, or if you wish to obtain further information, please contact our Customer Services by emailing us or call (+44) (0)800 952 3003 between 8am and 8pm (GMT), 7 days a week.

1.2 From time to time prices of items published on our website may differ from the price offered at the same time in ASDA or George stores or in our catalogues.

1.3 All prices are expressed inclusive of any VAT payable (where applicable). This means that the total price you pay for the item, and for the delivery, is always the same, regardless of whether or not UK VAT is chargeable on the sale. The price of each item does not include the cost of delivery or any other services. We reserve the right, however, to change prices on our websites at any time without notice to you. We make every effort to ensure that prices shown are accurate when you place your order. If within 14 days of receiving your item(s),a pricing error is found in respect of any or all of the items you have ordered, we will notify you as soon as possible and offer you the option of:-

  • placing a new order at the correct price for the mis-priced item(s);
  • cancelling your order for the mis-priced item(s); or
  • cancelling the whole of your order.

1.4 If, within 7 days of receipt of our notice to you, you have not responded by selecting one of the available options above then:

  • if all of the items you have ordered are found to be mis-priced the entire order will be cancelled automatically and we will refund or re-credit you for any sum you have paid for those items; or
  • If only some of the items you have ordered are found to be mis-priced, we will deliver the correctly priced items but we will not be obliged to supply you with the mis-priced items. In these circumstances we will refund or re-credit you for any sum you have paid for the mis-priced items.

1.5 In the event that a pricing error is found by us, then the above options shall only apply if your order delivery has not been completed.

2. The ASDA Pre-order Price Promise – how it works

2.1 The ASDA Pre-order Price Promise is available on ASDA Direct (www.ASDA.com/direct) for all pre-order CDs, DVDs, Blu-Rays, Games software, hardware and accessories*. On pre-ordering an itemfrom ASDA Direct, you will be required to pay the amount shown at the checkout. From the point you order – if ASDA reduces the price in store or online up to and including the day of release, ASDA will refund you the difference in price**. This means you always get ASDA's lowest price from the point you pre-order. For example, if a game costs £40 at the point of your order – you will be charged £40 at the checkout. If we reduce this game to £35 the week before its launch date – we will refund you £5. *The Pre-order Price Promise does not apply to items that have already been released. The Pre-order Price Promise excludes books. It excludes all other items on ASDA Direct and is only valid on pre-order CDs, DVDs, Blu-rays, Games software, games hardware (consoles) and accessories. ** ASDA will process the refund within 7 days of the release date. The refund will automatically be credited to your payment card.

3. Eligibility to Order

3.1 To be eligible to purchase items from this site, you must be (a) be 18 years of age or over; and (b) have a credit or debit card acceptable to us in your name and (c) stipulate a delivery address within the UK or within one of our International delivery locations (which may vary according to the items ordered); (d) and give your real name, address, phone number, email address and any other details requested.

3.2 We cannot sell knives or any other sharp items which includes such items as scissors and DIY kits that include bladed tools to you if you are under the age of 18 years.

3.3 We reserve the right to decline a new customer registration or suspend your account at any time.

3.4 We also reserve the right not to accept your order for any reason.

4. Availability

4.1 We try our best to ensure that all items on our site are in stock. If an item is out of stock, it will normally be labelled as 'out of stock' on our website. If, for any other reason beyond our control, we are unable to supply a particular product, we will not be liable to you except to ensure that you are not charged for that product. Some items are not held in stock (e.g. furniture) and these therefore will have a longer delivery time.

4.2 We will let you know as soon as possible if any particular item is unavailable for purchase.

4.3 To ensure availability of all our items, we may place restrictions on how many units of a particular product you can order at a time. We reserve the right to withdraw any product from sale for any reason.

5. Payments, our acceptance of your order and how the contract between us is formed

5.1 We only accept payment in Pound Sterling and by credit or debit card.

5.2 If an exchange rate is applicable to your order your card provider will determine the rate of exchange and may add an administration charge which you will be liable to pay.

5.3 We are able to accept ASDA Credit Card, MasterCard, Visa, Maestro, Delta, Solo, Visa Electron, or American Express although we reserve the right to refuse to accept any of these cards from time to time without notice. We try hard to ensure that using your credit or debit card when you shop online or when using the click and collect option is safe and secure. Our secure server encrypts your credit card number details and your personal information before securely transmitting them. Your browser will show you are in a secure environment by showing either a locked padlock or an image of a key in the grey bar at the bottom of the page; it may let you know that you are entering secure mode as you go to place your order.

5.4 When you have made your choice and your order has been placed, you will receive an order confirmation email acknowledging the details of your order. This email is not an acceptance of your order, just confirmation that we have received it.

5.5 The contract between us for the items you have ordered will only be formed when we email you to confirm that the items have been dispatched. The contract will therefore be formed in England and the language of the contract will be English.

5.6 Payment will be debited from your account upon submission of your order online. This will not be when the contract between ASDA and you is formed (see above).

5.7 All refund payments will be paid to you in Pound Sterling and will match the amount you paid in Pound Sterling for the item(s) and delivery (if the delivery charge is refundable). If an exchange rate is applicable to your order the amount you receive in your local currency will depend on the exchange rate applied by your credit or debit card provider when it receives our refund payment and may therefore be different from the price paid for the item(s) in your local currency. We will not be liable for any losses caused to you as a result of any currency fluctuations or exchange rates applied by your credit or debit card provider.

6. Delivery in the Czech Republic or Slovakia

6.1 By selecting International Delivery as the delivery method for your item(s), you are authorising us to arrange for ASDA Delivery Ltd ("ADL") to supply the international delivery service to you. Please view the terms and conditions relating to your International Delivery. International Delivery terms and conditions can be viewed by clicking here.

6.2 Ownership of an item will pass to you when it is passed on to ADL to provide the international delivery service to you.

7. Cancelling an order - Due to change of mind prior to or at the time of delivery

7.1 If the product(s) has not been dispatched we will cancel the order and the full price paid will be refunded.

7.2 If the product(s) has been dispatched and we are unable to prevent the delivery you should refuse to sign for the items and they will be returned to us and the cost of your order refunded as well as the cost of delivering the items to you.

7.3 If you cancel an order due for click and collect you do not need to come in to store to refuse the item. The order will be cancelled and the price paid for the item will be refunded. You do not need to take any further action.

7.4 In some instances you may not be able to part cancel an order but you may be able to return the order and claim a refund, if this is the case customer services will explain this to you. If you have selected installation or assembly of the product, once our fitters have started the installation/assembly you cannot cancel your order.

8. Cancelling an order within 28 calendar days after delivery

8.1 You are able to cancel your order for any reason and without any sanction within 28 calendar days after delivery to your home or to your local ASDA UK store using click and collect.

8.2 For certain George clothing items, if you are not satisfied with your purchase, you are entitled to return the item(s) within 100 days after delivery. This policy does not apply to the following George items: all accessories (not made from cloth), footwear, jewellery and George bedding. The normal 28 day return policy applies to these exclusions subject to Clause 8.8 below.

8.3 You are able to cancel the item by returning the items as set out in the "Returning Item(s)" section below and will be entitled to a refund according to our "Refund Policy" set out below. Your order confirmation email or delivery note (if provided) will contain specific instructions on how to exercise your right of cancellation.

8.4 You will be responsible for the cost of returning the items which are not damaged, faulty or mis-described, subject to any rights you have under UK or your national consumer legislation.

8.5 You must take reasonable care of the items whilst they are in your possession. If you do not exercise reasonable care and the items are damaged whilst in your possession or in transit we will not be able to accept the items. We therefore recommend that when you return the item(s) you use a postal service which insures you for the value of the item(s) you are returning.

8.6 You will also be charged the cost of the initial delivery unless you cancel your order within 7 working days starting the day after the date of home delivery or collection from store if using the click and collect option.

8.7 Clause 8.6 shall not apply to items delivered in the Czech Republic, and in such case you will be charged for the cost of the initial delivery of your items unless you cancel your order within 14 calendar days starting the day after the date of home delivery.

8.8 When you return your items please return an item undamaged, in a saleable condition, and with all of its components, including the original packaging.

8.9 Please note that your right to cancel and return an item does not apply to certain items unless these items are damaged, faulty or mis-described. Such items include:

  • 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, , 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.

8.10 Your rights under Czech or Slovakian consumer legislation for these items are not affected.

9. Failure to collect an Item ordered under the click and collect option

9.1 Where you have chosen the click and collect option, if you fail to collect your item within 14 calendar days of being notified that the items have arrived in store, then your order will be cancelled if you want to extend your collection for a further 14 days after this period then you must contact Customer Services on 0800 952 3003. Note you can only extend your collection date once.

10. Returning Item(s)

10.1 you can return your item by posting it together with a completed International Returns Form, click here, to ASDA Direct, PO Box 9564, Newark, NG24 9GF, United Kingdom, indicating which item(s) you are returning.

10.2. If you are posting an item back to us we recommend that you obtain a proof of posting certificate or receipt.

11. Return of damaged, faulty or mis-described items

11.1 When your items are delivered please check that the order is complete and not damaged. In the event that your order is visibly damaged, do not accept the order and enter on the Returns Form or delivery note "Damaged" along with a brief description of how or where the item is damaged.

11.2 If you have accepted the item(s) and subsequently discover that they are damaged/ faulty/mis-described or parts are missing, you are entitled to a refund, price reduction, replacement or repair. Where a replacement/repair is not possible e.g. because the product/parts no longer exist then a refund will be offered. If you are a consumer, the same applies in the cases the fault occurs within the product’s warranty period. Unless otherwise provided in the description of an ordered item, the warranty period will be 24 months as from the day you receive the items; we will settle such a warranty claim and the fault without delay, and at the latest within 30 days, unless we can agree to a longer period.

11.3 Please note that for courier companies to accept liability for damage caused in transit we must inform them of any damage within 24 hours of delivery. Therefore, you should inform us as soon as possible following delivery of the item(s). Any claims made after this time but within 5 days will be subject to our discretion and thereafter any such claims may be considered unreasonable.

11.4 Do not continue to use your item once you have discovered a fault. As soon as you detect that your item is faulty, please return the item to us indicating on the Delivery Note or International Returns Form what the issue is and whether you would like a refund, price reduction, replacement or for the item to be repaired (if possible). Please return the item with all of its components, including the original packaging.

11.5 If you have any problems with your purchase, we can offer help and assistance. Please contact Customer Services by emailing us or call (+44) (0)800 952 3003 between 8am and 8pm (GMT), 7 days a week.

11.6 Your rights under Czech or Slovakian consumer legislation and any Manufacturer Guarantees are not affected.

12. Refund Policy

12.1 Please note that refunds can take 7-10 days to appear in your bank or credit card account. This may depend on which bank you use and where it is located. We will make any refund payment which is due to you within 30 days from the day the order is cancelled.

For items returned which are not damaged faulty or mis-discribed:

12.2 If you are returning the items within 28 days after delivery to your home or, we will refund the price you paid for the items and the initial delivery charges (where applicable) in Pounds Sterling if you return the items within 7 working days after the day on which the items are delivered to you. If items were delivered in Slovakia, we will make any payment which is due to you within 15 days from the day you cancelled your order is cancelled or returned.

12.3 If you return the items after 7 working days from the day after the date of delivery, we will not refund the initial delivery charges which you paid to deliver the items you are returning.

12.4 Clause 12.2 and 12.3 shall not apply to items delivered in the Czech Republic and in such case if you are returning the items within 28 days after delivery to your home, we will refund the price you paid for the items and the initial delivery charges (where applicable) in Pounds Sterling if you return the items within 14 calendar days after the day on which the items are delivered to you. If you return items delivered in Belgium or Denmark after 14 calendar days from the day after the date of delivery, we will not refund the initial delivery charges which you paid to deliver the items you are returning.

12.5 You will be responsible for the cost of returning the items which are not damaged, faulty or mis-described, subject to any rights you have under your national consumer legislation.

For damaged, faulty or mis-described items:

12.6 If you are entitled to a refund on damaged, faulty or mis-described grounds, we will refund you as follows:

12.6.1 Any items from your order which are damaged, faulty or mis-described we will refund the cost of your order and all delivery charges, including the postage cost of returning these item(s).

12.7 With the exception of damaged, faulty or mis-decribed items, delivery charges will not be refunded if you return only part of the order (e.g. you have ordered two items but only return one). If items are parts of a set (e.g. dining table and chairs) you must return all parts in order to qualify for a refund.

12.8 For large household items delivered to your home, a refund of £14.00 will be made if you paid the higher basket delivery charge of £18.95 and then subsequently the «large» item that created the higher delivery charge was returned on «damaged», «faulty» or «mis-described» grounds]. All refunds are credited via your original payment method. If you wish to exchange a faulty product that is part of a larger order you will not be charged when we re-deliver the item to you.

13. ASDA Direct eVouchers

13.1 ASDA Direct may issue eVouchers from time to time at no cost to you.

13.2 ASDA Direct eVouchers are valid only on ASDA Direct shopping orders placed with ASDA Direct subject to these ASDA Direct Product Terms & Conditions. Your use of an ASDA eVoucher indicates your agreement to be bound by these terms and any ASDA Direct terms on the ASDA Voucher itself. We will only honour an ASDA eVoucher if it is used in line with these terms.

13.3 ASDA eVouchers that have not been issued by ASDA Direct cannot be used with ASDA Direct.

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

13.5 To apply an ASDA eVoucher to your order you must either select it from the list in the eVoucher section on the Payment page, or enter the eVoucher code.

13.6 Use of an ASDA eVoucher may by subject to you providing proof of entitlement to use the ASDA eVoucher.

13.7 . Unless expressly stated otherwise:

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

13.8 Each ASDA Direct eVoucher issued may be subject to other specific 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 on specific day(s);
  • only for use on orders for delivery 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 items;
  • may specifically exclude certain items (which will always be tobacco, infant formula milk and prescription medicines but may exclude other items as notified from time to time);
  • cannot be used in conjunction with either specific ASDA Voucher(s) or any other eVoucher(s) whatsoever.

13.9 All ASDA eVouchers automatically expire 90 days from the date we issue them to you. We'll send you an email reminder when you have 30 days left to redeem your eVoucher. After the expiry date the ASDA Voucher will be removed from your account.

13.10 All ASDA Direct eVoucher offers are subject to availability and while stocks last.

13.11 ASDA Direct eVoucher value(s) may be adjusted if the total discount value is greater than the value of your order.

13.12 We reserve the right to withdraw or cancel any of our ASDA eVouchers at any time, either as a whole or for specific items or delivery areas. If this happens, then the ASDA eVouchers may not be used for any orders placed after the date of withdrawal or cancellation. We reserve the right to reject or cancel the use of an ASDA Direct eVoucher where fraud or illegal misuse is suspected.

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

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

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

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

13.17 You will have no claim against us in respect of such rejection or cancellation of an ASDA Voucher.

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

14. General

14.1 If you are not a consumer and we are in breach of these ASDA Direct Product Terms & Conditions, we will only be responsible for any losses that you suffer as a result to the extent that they are a foreseeable consequence to both of us at the time you make the relevant order. Our products are for personal use only and our liability towards non-consumers shall not in any event include business losses such as lost data, lost profits or business interruption.

14.2 The above statement shall not limit or affect our liability resulting from any items sold being found to be unsafe or if something we do negligently causes death or personal injury. Our liability to you in connection with any order will not exceed the total price charged for the items, subject to any rights under your national consumer legislation.

14.4 You may not transfer any of your rights under these ASDA Direct Product Terms & Conditions to any other person. We may transfer our rights under these ASDA Direct Product Terms & Conditions to another business where we reasonably believe your rights will not be affected.

14.5 If you breach these ASDA Direct Product Terms & Conditions and we choose to ignore this, we will still be entitled to use our rights and remedies at a later date or in any other situation where you breach these ASDA Direct Product Terms & Conditions.

14.6 We shall not be responsible for any breach of these ASDA Direct Product Terms & Conditions caused by circumstances beyond our reasonable control. Except as expressly set out in these ASDA Direct Product Terms & Conditions, all use of your personal information will be made in accordance with our Privacy Policy.

14.7 These ASDA Direct Product Terms & Conditions are subject to English law and the non-exclusive jurisdiction of the English courts.

15. Recycling household electrical equipment

15.1 With effect from July 2007, the UK's Waste Electrical and Electronic Equipment (WEEE) Regulations require that all producers of electrical equipment are now obliged to pay for recycling of household electrical goods, where previously this bill was met by councils or items were not recycled at all. These regulations also require that all retailers both actively assist in delivering a UK wide WEEE collection infrastructure and encourage the participation of consumers in recycling electronic equipment.

15.2 So that you can get your waste electrical goods recycled, ASDA have contributed towards a national fund to assist local councils to further develop their existing waste electronics collection facilities, which will in turn allow producers of this equipment to meet their obligations.

Not all council sites are suitable to collect all types of waste electrical goods but to find out your nearest participating site (including other collection facilities that may not be operated by the council) and for advice on all aspects of recycling at home, please visit www.recycle-more.co.uk Don't forget to have your postcode ready to use in the "recycling facilities" locator.

Electronic waste is one of the fastest growing waste streams and much of it can be recycled and resources recovered to make new consumer goods. To remind consumers of the collection methods available, which in turn allow recycling to take place, all electrical items sold now carry the crossed out wheeled bin symbol. To ensure your waste electronics don't contribute to damaging the environment, please use www.recycle-more.co.uk and recycle today.

16. Submitting Customer Reviews (Online Only)

16.1 You may post reviews, comments and other content; send communications; and submit suggestions, ideas, comments, questions, or other information (together referred to as "Customer Reviews"), as long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties, or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any content.

16.2 ASDA reserves the right to remove or edit any Customer Reviews to make them suitable for publication on ASDA.com.

If you do post a Customer Review, and unless otherwise indicated by ASDA, you:

  • grant ASDA a non-exclusive, royalty-free and fully sublicensable rights to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media; and
  • ASDA and its sublicensees the right to use the name and location that you submit in connection with such Customer Review, if they choose.

16.3 You represent and warrant that you own or otherwise control all of the rights to the Customer Review that you post; that, as at the date that the Customer Review is submitted to ASDA: (i) the Customer Review is accurate; (ii) use of the Customer Review you supply does not breach any applicable ASDA policies or guidelines and will not cause injury to any person or entity. You agree to indemnify ASDA for all claims brought by a third party against ASDA arising out of or in connection with a breach of any of these warranties. Customer Reviews will be moderated and stored by a third party. The only information shared with the third party is that which you submit in your review (e.g. nickname, rating, review, location).

17. Chosen by Mums, Tested by Kids

† Selected items have been chosen by mums and tested by kids. Please refer to the colleague service desk for more information. If for any reason you are not completely satisfied with your George clothing purchase, simply return it within 100 days with your proof of purchase for an exchange or refund. *The guarantee excludes all accessories (not made from cloth), footwear, jewellery and George bedding. The normal 28 day return policy applies to these exclusions with the exception of bedding which cannot be returned unless faulty or misdescribed, due to hygiene reasons. Your statutory rights are not affected.

Company Info

This website is owned and operated by ASDA Stores Limited, whose registered office is at:

ASDA House
Southbank,
Great Wilson Street,
Leeds
LS11 5AD
Company Registration: 464777
VAT registration: GB 362 0127 92

ASDA Guernsey Limited,
Registered address,
Legis House,
11 New Street,
St Peter Port,
Guernsey.
Company registration number 53766

ASDA Delivery Ltd
ASDA House
Southbank,
Great Wilson Street,
Leeds
LS11 5AD
Company Registration: 3873501
VAT registration: GB 142 8044 31

Customer Services
Customer Services (ASDA Direct),
ASDA House,
Southbank,
Great Wilson Street,
Leeds,
LS11 5AD
Email: Online here
Telephone: (+44) (0)800 952 3003 (lines are open between 8am and 8pm (GMT), 7 days a week)