Last updated: 18/08/2016
TERMS AND CONDITIONS
Where you purchase Products using our Site, these Terms set out the agreement between us for the sale of Products to you ("Contract").
The delivery of your Product(s) will be subject to a separate set of terms (“International Delivery Terms”), which set out the agreement between you and the delivery provider, ASDA Delivery Limited, for delivery of the Product(s) to you.
Please read both these Terms and the International Delivery Terms carefully and make sure that you understand them before ordering any Products. Before registering or placing an order you will be asked to confirm that you agree to both these Terms and the International Delivery Terms. If you refuse to accept either or both of them, you will not be able to register or order any Products from our Site.
1. INFORMATION ABOUT US
1.1 - We operate this Site and will be the party you enter into a Contract with for the purchase of Products from this Site. We are ASDA Stores Limited, a company registered at Companies House UK with registered number 464777, VAT number GB 362 0127 92 and our registered address at ASDA House, Southbank, Great Wilson Street, Leeds LS11 5AD. Please see clause 15 for further information about us. We refer to ourselves as "we", "us", "our" or "ASDA" in this document.
1.2 - If you wish to contact us for any reason regarding this Contract, or for any other reason in relation to our Site (including any complaints) please contact our customer service team at: Customer Services, ASDA Stores Limited, ASDA House, Southbank, Great Wilson Street, Leeds, LS11 5AD; Email: email@example.com; Telephone: (+44) (0)800 952 3003 (lines are open between 7am and 11pm (GMT/BST), 7 days a week).
2. THESE TERMS
2.1 - All purchases made through our Site shall be governed by these Terms.
2.2 - Every time you order Products from us, the Terms in force at the time of your order will apply to the Contract between you and us. You can see at the top of the page when these Terms were last updated. Please note that we will also provide you with a link to the full set of the Terms that apply to your purchase: before you place your order; in our email to you confirming your purchase and in our email confirming dispatch of your Products, as set out below in clause 4. You may download these Terms and/or print them at any time during the order process.
3. CUSTOMER REGISTRATION
3.1 - To be eligible to purchase items from our Site, you must:
3.1.1 - be 18 years of age or over;
3.1.2 - have a credit or debit card acceptable to us (as set out in clause 6) and in your name;
3.1.3 - stipulate a delivery address within the UK or within one of our international delivery locations, as set out in the International Delivery Information; and
3.1.4 - provide us with all the information we require to allow you to complete your purchase and to perform our obligations under the Contract, as requested by us (e.g. your real name, address, phone number, email address etc.).
3..2 - We reserve the right to decline any requests to become a registered user of our Site and/or to suspend your account (or access to your account) at any time. A suspension of your account will not affect any orders which have already been made.
4. THE ORDER PROCESS
4.1 - When you submit your order, you are making an offer to purchase the Product(s) selected. We reserve the right not to accept your order for any reason, in which case we will inform you of this by e-mail and will not process your order.
4.2 - Our shopping pages will guide you through the steps you need to take to place an order with us. Before confirming your purchase, you may go back to any page in this process to check and amend the information you have provided. You will also be shown an overview page, as a final step before confirming your purchase. This will set out all the information you have provided and contain links to these Terms and other applicable contractual information. Please take this opportunity to review your order, check the total price, confirm that the information you have provided is accurate and correct any errors before confirming your purchase (in addition to reading and checking your order at each page of the order process).
4.3 - Before confirming your order you will be asked to agree to these Terms. After checking the checkbox, confirming that you have read and accepted these Terms, you may confirm your order by clicking the "Confirm order and pay" button.
4.4 - After you place an order, you will receive an e-mail from us acknowledging receipt. However, please note that this does not mean that your order has been accepted. We will confirm our acceptance of your order by sending you an e-mail stating that the Products have been dispatched ("Dispatch Confirmation"). The Contract between us will only be formed when we send you the Dispatch Confirmation. Please note that we will provide you with a link to the full set of the Terms that apply to your purchase and all contractual information. This will be contained both within our email acknowledging receipt of your order and in our Dispatch Confirmation.
4.5 - These Terms and all other information relating to this Contract will be in the English language.
5. OUR PRODUCTS
5.1 - Unfortunately, not everything we sell online is eligible for international delivery. Please note that the following Products listed on our Site are not eligible for delivery to international customers (i.e. to locations out with the UK):
5.1.1 - Disney;
5.1.2 - Barbara Hulanicki;
5.1.3 - George Home;
5.1.4 - Lingerie brands;
5.1.5 - Mandi;
5.1.6 - Threads;
5.1.7 - Voulez Vous;
5.1.8 - G21;
5.1.9 - Moda;
5.1.10 - Christmas jumpers.
5.2 - You will find a detailed description of the Products on our Site. We aim to show and describe all Products as accurately as possible however they may look different in the flesh. We take great care to reproduce descriptions and specifications provided by manufacturers (and to display prices) accurately however occasionally we do make mistakes. In particular, please note that:
5.2.1 - the images of the Products on our Site are for illustrative purposes only and although we have made every effort to display colours accurately, we cannot guarantee that your computer's display of the colours will accurately reflect the colour of the Products; your Products may vary slightly from those images;
5.2.2 - the packaging of Products may vary from that shown on our Site; and
5.2.3 - all sizes, weights, dimensions and capacities indicated on our Site are approximate only.
5.3 - All prices are expressed in Pounds Sterling, inclusive of any UK VAT payable (where applicable). This means that the total price you pay for the item, and for the delivery, will be as stated, regardless of whether or not UK VAT is chargeable on the purchase. We may change the prices of our Products from time to time, but these changes will not affect any order you have already placed. The price of a Product does not include delivery charges. Our delivery charges will be set out during the check-out process, before you confirm your order. However, to find out which delivery charges will apply, please refer to the International Delivery Information (for international deliveries).
5.4 - If there is anything which is unclear in relation to our Products, or for further information, please contact our Customer Services (using the details set out in clause 1.2 above).
6.1 - We only accept payment in Pounds Sterling and by credit or debit card or via PayPal.
6.2 - In particular, 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 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 displaying 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 proceed to place your order.
6.3 - 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.
6.4 - Payment will be debited from your account upon submission of your order online and acceptance of your order by us.
6.5 - Any refunds paid to you will be in Pounds 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.
7.1 - We may issue 'eVouchers' from time to time, at our discretion and at no cost to you. These can, as described below, be used to pay for Products purchased through our Site in accordance with these Terms.
7.2 - To apply an eVoucher to your order, either select the appropriate eVoucher from the list on the 'Payment' page in our order process, or enter the relevant code (as shown on your eVoucher) in the text box indicated on the same page. The value of the eVoucher will then be deducted from the price of the Product(s) purchased. If the value of your Product(s) is less than the value of the eVoucher, the remaining balance will be retained and the eVoucher may be used for subsequent purchases.
7.3 - EVouchers are non-transferable and can only be used if issued by us to you (as the original recipient). They may not be used by any other person, re-sold or otherwise exchanged except for applicable Products in accordance with these Terms. In particular, eVouchers must not be copied, re-published or otherwise reproduced.
7.4 - EVouchers are valid for 90 days only and will automatically expire 90 days from the date of issue. After the expiry date the eVoucher will be removed from your account and you will be unable to redeem it.
7.5 - In addition to these Terms, additional conditions and/or restrictions may apply to each individual eVoucher. Where this is the case, these will be clearly stated on the eVoucher itself. You must read each eVoucher carefully before use in order to understand the conditions and restrictions which apply. For example, an eVoucher may state that it is only valid for orders placed within a specified time period or for Products up to a certain value.
7.6 - We reserve the right to withdraw, cancel or refuse to accept eVouchers at any time, either as a whole or in part. If this happens, then eVouchers may not be used for any orders placed after the date of withdrawal, cancellation or refusal. In particular, we reserve the right to reject the use of an eVoucher where fraud or illegal misuse is suspected. Where possible, we will notify you of any withdrawal or cancellation in advance (for example by placing a notice on our website or by email). Any orders placed using a valid eVoucher before such date will continue to be valid.
7.7 - You will have no claim against us in respect of the withdrawal, cancellation or rejection of an eVoucher in accordance with these Terms and we shall not be liable for any financial loss arising from the same.
8. DELIVERY (INTERNATIONAL ORDERS) AND CHANGES TO ORDERS
8.1 - The delivery of your Product(s) will be carried out by ASDA Delivery Limited ("ADL"), which is a separate company from us. The International Delivery Terms (and not these Terms) set out your agreement with ADL for delivery of your Product(s). Before completing your purchase, you will be asked to confirm your acceptance of the International Delivery Terms and will be unable to complete your purchase if you do not accept them.
8.2 - The risk of accidental destruction, damage or loss of the delivered Product shall pass to you upon delivery of the Product to you.
8.3 - If, following submission of your order, you need to change details of your delivery address, remove items from your order or cancel it completely, please contact our Customer Services (using the details set out in clause 1.2 above). Please be ready to quote your order number and order date. If your order has already left our warehouse for delivery to you, then you'll need to follow our Returns procedure below in the event of any unwanted items.
8.4 - If you'd like to add items to an existing order before delivery has been completed, please place a new order for these items, as set out above in clause 4. Unless we notify you otherwise, this will be processed as a separate order and will be delivered and charged separately.
8.5 - If you have any further queries in relation to delivery of your Product(s) or changes to your order, please take a look at our Customer Service pageshttps://asda.custhelp.com, email us at firstname.lastname@example.org or call 0800 952 3003 between 7am and 11pm (GMT/BST), 7 days a week.
9. WARRANTIES AND OUR LIABILITY
9.1 - Nothing in these Terms restricts any implied rights which you are entitled to under any applicable legislation (including any implied warranties, e.g. that Products will be fit for purpose), except where permitted under such legislation and expressly stated in these Terms.
9.2 -In addition, nothing shall limit our liability in respect of:
9.2.1 - death or personal injury;
9.2.2 - fraud or fraudulent misrepresentation; /
9.2.3 - losses caused by breach of our material obligations under this Contract (i.e. any failure by us to perform our key obligations under this Contract, such as provision of the correct Products);
9.2.4 - non-conformance of any Product with any specific guarantee which we expressly provide (e.g. in relation to the condition of the Product or its durability); and
9.2.5 - defective Products.
10. YOUR STATUTORY RIGHT OF RETURN AND REFUND
NOTICE OF CANCELLATION
You have the right to cancel this Contract within 28 days, without giving any reason. Where you cancel this Contract your agreement with ADL for delivery of your Product(s) will also automatically be cancelled in accordance with this clause 10.
The period of cancellation is 28 days from the date on which you receive your Products. If your order contains more than one Product and these are delivered separately, the cancellation period will be 28 days from the date on which you receive the last Product.
To cancel your order you need to clearly inform us of your decision to cancel (e.g. by way of a letter sent by post a fax or an email), using the following details ASDA Direct, PO Box 9564, Newark, NG24 9GF; Email: email@example.com; Telephone: (+44) (0)800 952 3003 (lines are open between 7am and 11pm (GMT/BST), 7 days a week). You may use our template Cancellation Form, which is available at the following link: Cancellation Form, although there is no requirement to do so.
Your cancelation will be effective as long as you communicate your decision to cancel (i.e. send the relevant letter, fax, email or similar) within the 28 day cancellation period, as described above.
EFFECT OF CANCELLATION
If you cancel this Contract, we will issue a full refund of all payments received from you, including delivery costs. Payment will be processed without delay and within 14 days from the date of our receipt of your notice of cancellation. Your refund will be granted using the same means of payment you used for the original transaction, unless we agree otherwise with you. In no circumstances will you be charged any additional amounts in relation to this refund, except as described in this clause 10.
We may retain the refund payment until we have received the Products to be returned or until you provide us with proof that the Products have been returned, whichever is the earlier.
You must return the Products to us without delay and no later than 14 days from the date of your notice of cancellation. As above, proof that the Products have been returned (e.g. proof of postage) within 14 days will also be sufficient for this purpose. You will be responsible for the immediate costs of returning the items.
Please note that you will be liable for any decrease in the value of the Products due to unnecessary handling or usage prior to cancellation (i.e. any handling or usage of the Products that is not necessary to ascertain the nature and functionality of the Products).
11. YOUR ADDITIONAL RIGHT OF RETURN AND REFUND
11.1 - Notwithstanding your statutory right of return and refund set out in clause 10, above, for certain Products a longer period of return and refund will apply. These Products include all clothing items, with the exception of accessories (not made from cloth), footwear and bedding Products. Where you exercise this right of return and refund your agreement with ADL for delivery of your Product(s) will also automatically be cancelled in accordance with this clause 11.
11.2 - If for any reason you are not satisfied with your clothing Product, simply return it to us within 100 days of the date of receipt of delivery, along with proof of purchase. Proof that the Product has been returned (e.g. proof of postage) within 100 days will also be sufficient for this purpose.
11.3 - You will be responsible for the immediate costs of returning the items.
11.4 - We will issue a refund of the purchase price of all products returned by you without delay and within 14 days from the date of our receipt of the returned Products. We will not refund the original delivery costs paid by you in respect of the Products.
11.5 - Please note that this additional right of return and refund is only applicable for returns of undamaged Products in a saleable condition and with all components intact (including the original packaging).
11.6 - You will be liable for any decrease in the value of the Products due to unnecessary handling or usage prior to cancellation (i.e. any handling or usage of the Products that is not necessary to ascertain the nature and functionality of the Products).
11.7 - This additional right of return and refund will not affect your warranty rights under statutory law.
11.8 - You may use our template Cancellation Form, which is available at the following link: Cancellation Form, although there is no requirement to do so.
12. SUBMISSION OF CUSTOMER REVIEWS
12.1 - You may post reviews, comments and other content to our Site and send communications, suggestions and questions (including via email) ("Customer Reviews") however you must do so only in accordance with the following rules.
12.2 - You must not post or send any Customer Reviews which:
12.2.1 - are (or contain any content which is) illegal, obscene, abusive, threatening, defamatory, invasive of privacy or otherwise objectionable or which infringes the intellectual property rights of us or any other party;
12.2.2 - contain any viruses, trojans or other malicious or harmful material;
12.2.3 - consist of chain letters, mass mailings, or any form of 'spam' (or which are sent or posted for any other commercial purpose); or
12.2.4 - involve the impersonation of any person or entity or misrepresent your affiliation with a person or entity.
12.3 - If you do post a Customer Review, and unless otherwise indicated by ASDA, you:
12.3.1 - warrant that you own or otherwise control all of the rights to the Customer Review;
12.3.2 - warrant that, as at the date that the Customer Review is submitted, it is accurate and that by posting or sending the Customer Review you are not in breach of any applicable laws or regulations; and
12.3.3 - grant ASDA a non-exclusive, royalty-free and fully sublicensable right to use, reproduce, edit, modify, adapt, publish, translate, create derivative works from, distribute, and display the content of the Customer Review throughout the world in any media.
12.4 - ASDA reserves the right to remove or edit any Customer Reviews which do not comply with the above rules to ensure that they are compliant. However, we make no commitment to remove or edit Customer Reviews.
13. HOW WE USE YOUR PERSONAL INFORMATION & COOKIES
14. OTHER IMPORTANT TERMS
14.1 - You may not transfer any of your rights under these Terms to any other person.
14.2 - This Contract is between you and us. No other person shall have any rights to enforce these Terms.
14.3 - Each of the clauses in these Terms operates separately. If any of them are deemed unlawful or unenforceable, the remaining clauses will remain in full force and effect.
14.4 - You shall have no right of set-off or retention in relation to any Products purchased on our Site, except as determined by a binding court decision.
14.5 - Please note that these Terms are governed by the laws of the jurisdiction in which you are resident. This means that 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 the laws of the country in which you reside. The provisions of the UN Convention on the International Sale of Goods are excluded in this regard, without prejudice to any mandatory conflict of laws provisions.
15. FURTHER INFORMATION ABOUT US
15.1 - We are ASDA Stores Limited. Our registered number is 464777 and our VAT number is GB 362 0127 92. Our registered address is ASDA House, Southbank, Great Wilson Street, Leeds LS11 5AD.
15.2 - Our Chief Executive Officer, at the date on which these Terms were last updated, is Sean Clarke.