Terms and Conditions

Last Updated: 06/10/2016

These Terms and Conditions govern your use of https://direct.asda.com/ (the 'ASDA George Website'). The ASDA George Website is operated by ASDA Stores Limited ('we', 'us' or ‘Asda’).

By using the ASDA George Website you are agreeing to the Terms and Conditions on this page so please read them carefully. If you do not agree to these Terms and Conditions, you may not use the ASDA George Website.

Contents:

1. Use of the Asda George Website

2. Becoming a customer

3. Your contract with us

4. Price and payment

5. Delivery

6. Cancelling your order

7. Returns after delivery/collection

8. Refunds

9. General provisions

10. Contacting us

11. Company information

 

1. Use of the ASDA George Website

1.1 Use. Subject to these Terms and Conditions, we authorise you to access and use the ASDA George Website for personal use only.

1.2 Accuracy of content. We reserve the right to change the content of the ASDA George Website at any time. Although we try to keep the information on the ASDA George Website up‑to‑date, we make no representations, warranties or guarantees that the content on it is accurate or complete, or that it will be free from errors or omissions.

1.3 Maintenance. From time to time it will be necessary for us to carry out maintenance to the ASDA George Website and this may result in occasional periods of downtime.

1.4 Your computer equipment. You are responsible for configuring your information technology, computer programmes, platform and virus protection software in order to access the ASDA George Website.

1.5 Non‑ASDA websites. To help you in your shopping experience, sometimes we may include links to other non‑ASDA websites. ASDA is not responsible for the content of those non-ASDA websites.

1.6 Data. All rights (including any intellectual property rights) in any data on the ASDA George Website or any part of the ASDA George Website which is provided by us or you, or any third party, (collectively, the 'Data') will automatically be owned by us. The Data includes your shopping list or favourite items. You agree that you are not allowed to use the Data, or permit any third party to use it, without our express permission. If the law prevents us from automatically owning any rights in the Data, you now assign such rights to us.

1.7 Privacy Policy. All personal information, including the collection of cookies, is dealt with in accordance with our Privacy Policy .

1.8 Improper use. You must not misuse the ASDA George Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the ASDA George Website, the server on which the ASDA George Website is stored or any server, computer or database connected to the ASDA George Website. You must not attack the ASDA George Website via a denial of service attack or a distributed denial of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the ASDA George Website will cease immediately.

2. Becoming a Customer

2.1 Registering on the ASDA George Website. To place an order on the ASDA George Website you must first register as a customer. In order to register as a customer you must:

     · be over 18 years of age;

     · provide your real name, address, phone number, email address and any other details requested;

     · provide a delivery address within the UK or within one of our international delivery locations (which may vary according to the items ordered); and

     · have a credit or debit card acceptable to us in your name.

2.2 Your username and password. Please keep your username and password confidential because you will be responsible for all activities and orders made using these details. If you think that someone else may either know or be using your username and password, please contact us immediately.

2.3 Right to decline registration or order. We reserve the right to decline a new customer registration or order or to suspend or disable your account at any time and at our discretion.

3. Your Contract With Us

3.1 Order acknowledgement. Once you have placed an order on the ASDA George Website, we will send you an order acknowledgement by email setting out the item(s) you have ordered. This is an order acknowledgement only and not an acceptance of your order by us.

3.2 Formation of contract. A legally binding contract between you and us will only be formed when we email you to confirm that the items you ordered have been dispatched. The contract will be formed in, and subject to the laws of, England.

3.3 Ownership. Ownership of an item will not pass to you until it has been delivered to you (either directly, or by leaving it in a safe place or with a neighbour) or where you have signed for it when using the Click & Collect option. Once an item is delivered or collected, you will be responsible for damage or loss of the item.

3.4 Availability. If an item is out of stock, it will normally be labelled as 'out of stock' on our website. If, for any other reason, we are unable to supply a particular item, we will not be liable to you except to ensure that you are not charged for that item. To ensure availability of all our items, we may place restrictions on how many units of a particular item you can order at a time. We reserve the right to withdraw any item from sale for any reason.

4. Price and Payment

 

Price

4.1 Pricing errors. We reserve the right to change prices on the ASDA George Website 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 you placing your order on the ASDA George Website, a pricing error is found in respect of any of the items you have ordered but which have not yet been dispatched, 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.

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 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.

4.2 VAT. All prices are expressed inclusive of any VAT payable. This means that the total price you pay for an 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.

Payment

4.3 Method of payment. You must pay for your order in pounds sterling using a UK based credit or debit card or PayPal. 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. We reserve the right to refuse to accept certain payment cards from time to time without notice.

4.4 Gift cards. The ASDA Gift Card can be used in any ASDA store within the UK. Unfortunately at this time you cannot use the card when shopping online. Please visit http://asdacards.co.uk/terms-and-conditions for full terms and conditions.

4.5 Debit of payment. Payment will be debited from your account upon submission of your order online. This is not when the contract between ASDA and you is formed (see 'Your Contract with Us' section above).

4.6 eVouchers. The use of any eVouchers for orders placed on the ASDA George Website shall be subject to the following terms and conditions:

     · eVouchers that have not been issued by ASDA George cannot be used on the ASDA George Website. eVouchers can be applied on the payment page before your order is processed. eVoucher value(s) may be adjusted if the total discount value is greater than the value of your order;

     · unless expressly stated otherwise eVouchers cannot be used in ASDA stores, are not transferable and are not exchangeable for cash. No eVoucher may be copied, reproduced, published in any form for use by anyone other than the original recipient. In using an eVoucher you warrant that you are the duly authorised recipient of it. We reserve the right to reject or cancel the use of an eVoucher where fraud or illegal misuse is suspected;

     · all eVouchers automatically expire 90 days from the date of issue and will be removed from your account following expiry. We reserve the right to withdraw or cancel any eVoucher at any time. We shall not be liable to any customer for any financial loss arising out of the cancellation or withdrawal of an eVoucher or any failure or inability of a customer to use an eVoucher for any reason; and

     · eVouchers may be issued subject to other specific terms and conditions of use.

5. Delivery

5.1 Delivery charges. You can choose to have your item(s) delivered to your home or to your local ASDA store in the UK. Delivery charges are detailed on our 'UK Delivery Information' page.

5.2 Large item charge. The delivery charge is charged on your total order. If your order is made up of a mixture of small/medium sized items you will incur a 'standard delivery' charge but if you include a large item your delivery charge will be at the higher price.

5.3 Delivery time estimates. Please note that while we aim to deliver within the timescales set out on our 'UK Delivery Information' page, these are only estimates. If you live in remote location within the UK or have ordered some larger item(s) your delivery may take a little longer to arrive. On certain items there is a longer delivery period of up to 28 days. For orders that are delivered direct to you by our suppliers, after placing your order they will contact you to arrange a delivery date that is convenient for you.

When using the Click & Collect option we will email and/or text you to confirm when your order is ready for collection providing you supplied these contact details when ordering. When collecting your order please take your order confirmation email and the payment card you used to place the order or if you paid using PayPal or eVouchers only, a valid form of ID. Please ensure the name on your ID matches the name provided when ordering.

5.4 Items requiring signature. A signature may sometimes be required at delivery. By placing an order you are authorising us to accept signature from another person at the same address on your behalf if you are not present at the time of delivery.

5.5 Instructions to leave an item in an alternative location. For some items that do not require a signature at delivery you may be able to give instructions explaining if and where you would like the item to be left if no one is present at the time of delivery, such as with a neighbour.

5.6 Large items. Should your order include a large domestic electrical item or furniture item, it is your responsibility to ensure you check access to your premises before placing your order. We advise that you do not book kitchen fitters or installation engineers until your items have arrived, as we will not be held responsible for any costs associated with this.

5.7 Installation services. Installation and assembly services are offered for selected large domestic electrical items and furniture. You will be charged for this service if you select it. In some instances we will also be happy to take away your old large electrical items if required. Again, you will be charged for this service if it is selected. Please select the appropriate installation and/or removal services when placing your order as they cannot be added later.

5.8 Wine Shop. If you are purchasing alcoholic beverages from our Wine Shop please be aware that the following additional terms apply and take priority over any other conflicting terms:

     · Orders from our Wine Shop can be delivered to your home or can be collected via our Click & Collect service;

     · Delivery is free for orders for £40.00 or more (for UK addresses only). For orders under £40.00 there is a £2.95 delivery charge. Delivery is only available to UK addresses and cannot be delivered internationally;

     · The person taking receipt of the item(s) must be 18 years old. If that person does not look 25 or over, they will be asked to provide proof of age to show that they are 18 or over;

     · Deliveries are fulfilled by a third party courier. If, upon delivery, there is no one at the delivery address to receive your order, or if the third party courier reasonably suspects that the signee is not 18 years of age or over, the courier may leave a notification of the visit at the delivery address, and will return the item(s) to the nearest depot. The notification will explain how you can reschedule the delivery of your order. Alternatively the third party courier may leave the item(s) in a place that they deem safe e.g. with a neighbour. In these circumstances the courier will leave a notification in your letter box explaining where the item has been left;

     · the courier will attempt delivery twice before holding the delivery at the nearest depot for 5 days. If you do not collect your order during this 5 day period the item(s)s will be returned to us and we will refund the cost of the order back to the payment card you used to buy the item(s);

     · delivery usually takes place within 48 hours of placing your order. Deliveries to Northern Ireland and islands may take longer; and

     · if you want to return your wine order, you can do so by taking your item(s) to any ASDA store (with the exception of ASDA Living stores) in the UK along with the delivery note you received in your parcel and the payment card you used to buy the item(s).

6. Cancelling Your Order

6.1 Cancelling an order prior to delivery. If you wish to cancel an order prior to delivery, you can do this by contacting Customer Services by email or telephone (see term 10 'Contacting us'). Alternatively you can use the following cancellation form: click here.

If at the time of cancellation, the item(s) has not been despatched to your home we will cancel the order and the full price paid will be refunded to you. If the item(s) has already been dispatched and we are unable to prevent the delivery you should refuse to sign for the item(s) and it will be returned to us. The cost of your order will be refunded as well as the cost of any standard delivery charge for delivering the item(s) to you.

6.2 Cancelling an order prior to collection. If you cancel an order due for Click & Collect you do not need to come in to store to refuse the item(s). The order will be cancelled and the price paid for the item(s) will be refunded. You do not need to take any further action.

6.3 Failure to collect. If you fail to collect your Click & Collect order within 14 calendar days of being notified that your order has arrived in store your order will be cancelled. If you would like to extend your collection for a further 14 calendar days then you should contact Customer Services (see term 10 'Contacting us') or your local store. Please be aware that you can only extend your collection date once.

6.4 Part-cancellations. 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.

7. Returns After Delivery/Collection

 

Changing your mind

7.1 Changing your mind. Other than in the case of the excluded items listed at term 7.2 below, you are entitled to change your mind and cancel your order for any reason within 30 calendar days after delivery or collection for an exchange or full refund.

7.2 Excluded items. Your right to return an item does not apply to certain items unless these items are faulty on delivery or collection or mis‑described. These items are:

 

     · 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 (e.g. pierced jewellery, mattresses, personal grooming items, medicines and certain baby items); and

     · items which have been installed using our installation service.

7.3 George items. In addition to your statutory rights and the rights set out at 7.1 above, you are able to change your mind and cancel your order for a George clothing or George home item(s) for any reason within 100 days of the date of purchase for an exchange or full refund if you have proof of purchase. This applies to George branded clothing and home items only and excludes pierced jewellery, hair accessories, mattresses, all indoor and outdoor furniture (including flat pack furniture).

7.4 Storing items. You must take reasonable care of the items whilst they are in your possession and immediately stop using any item(s) which you have decided to return. When you return an item(s) please make sure that the item(s) is undamaged, in a sellable condition, and with all of its components including the original packaging. If you do not exercise reasonable care and the item(s) you are returning is damaged whilst in your possession, in transit or, in the case of flat packed furniture, if the item has been damaged by part-assembly, we reserve the right to reduce the amount of credit we give to you on refund. We therefore recommend that if you are returning the item(s) by post you use a service which insures you for the value of the item(s) you are returning.

7.5 Delivery charges. Other than in the case of the excluded items listed at 7.2 above we will refund your delivery charges if you change your mind and cancel your order for any reason within 30 calendar days after delivery or collection.

7.6 Costs incurred in returning item. You will be responsible for the cost of returning the item(s) which is not damaged, faulty or mis-described.

Faulty items

7.7 Faulty items. If you discover an item is damaged, faulty, mis‑described or parts are missing within the first 30 calendar days of delivery or collection you may return it and request either a full refund, a price reduction, or replacement or repair of the item. If you discover the item is damaged, faulty, mis‑described or parts are missing after 30 calendar days from delivery or collection, you may return the item and request either a repair or replacement. If the repair or replacement provided by us is not satisfactory, you can then request either a refund or price reduction. Where it is not possible for us to provide a replacement or repair for an item (e.g. because the item/parts no longer exist), we will offer you a refund or price reduction. Please note the special terms that apply to furniture items at 7.10 below.

7.8 Delivery costs. In circumstances where we process a refund for an item(s) which is damaged, faulty or mis-described or parts are missing we will also refund you for the full delivery costs you incurred to receive and return the item(s) and you will not be charged when we re-deliver item(s) to you.

How to return items to us

7.9 How to return items to us. You can return items to us either by:

     · taking your item(s)to any ASDA / ASDA Living store in the UK along with the delivery note you received in your parcel and the Debit / Credit card which you used to buy the items; or

     · posting the item(s) together with the delivery note which you received in your parcel to the following address indicating which item(s) you are returning: ASDA George, PO Box 9564, Newark, NG24 9GF.

If you are posting an item back to us we recommend that you obtain a proof of posting certificate or receipt. Please note the special terms that apply to furniture items at 7.10 below.

Furniture and Upholstery

7.10 Furniture and upholstery items. The following additional terms will apply to purchases of furniture and upholstery items from the ASDA George Website (including indoor and outdoor furniture, flat pack furniture and sofas) and take priority over any other conflicting terms:

     · Returning furniture or upholstery items. Furniture and upholstery items delivered to your home can only be returned via collection from your home. Please do not attempt to return furniture or upholstery items in store or arrange your own return to ASDA as your return will not be accepted. To arrange collection, or if you are unsure whether can you can return an item in store, please contact Customer Services (see term 10 'Contacting us').

     · Faulty items. The provisions of term 7.7 (Faulty items) above apply to all furniture and upholstery items. For furniture and upholstery items priced at £100 or more the following additional terms will apply:

     o If you discover a furniture or upholstery item is damaged or faulty within the first 30 days from delivery, we will offer to send an independent expert to visit your home to assess the damage or fault and advise you of the repair service appropriate for your item. This does not affect your rights to the remedies set out in term 7.6 (Faulty items).

     o If you discover a furniture or upholstery item is damaged or faulty after 30 days from delivery, we will send an independent expert to visit your home to assess the damage or fault and we will advise you of an appropriate remedy based on the recommendation of the independent expert. This does not affect your rights to the remedies set out in term 7.6 (Faulty items)

     o You will not be charged for the cost of the independent expert unless the expert determines that the furniture or upholstery item is not faulty or damaged, or that the fault or damage was not caused by ASDA or the manufacturer of the item (for example, if the item has been maliciously or negligently damaged).

8. Refunds

8.1 Payment card. All refunds will be made by crediting the card you paid with.

8.2 Processing time. We will make any refunds within 14 days of receiving the item(s) back or if we are collecting the item(s) from you, within 14 days of receiving your notification to us that you wish to return the item(s). Refunds can take up to 20 days to appear in your bank or credit card account depending on the bank you use and where it is located.

8.3 Costs incurred in returning item(s). We will not be responsible for your costs in returning item(s) unless they are faulty, or otherwise permitted by these terms.

8.4 Other legal remedies. Your rights under UK or your national consumer legislation and any manufacturer guarantees are not affected by anything in these terms and conditions.

9. General Provisions

9.1 Entire agreement. These Terms and Conditions regulate the supply of goods to you by us. Any other terms, conditions or representations (other than those made fraudulently or implied by statute) are excluded.

9.2 Non-waiver of future right to enforce. The failure of us to take any action in respect of a breach of these Terms and Conditions shall not waive our right to enforce them in the future and we reserve our rights in respect of these Terms and Conditions at all times.

9.3 Our liability. If we are in breach of these Terms and Conditions, we will only be responsible for any losses that you suffer as a result of our breach and to the extent that they are a foreseeable consequence to both of us at the time you placed the relevant order.

9.4 Limitation of liability. Our liability to you in connection with any order will not exceed the total price charged for the items.

9.5 Liability for death or personal injury. Nothing in these Terms and Conditions 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.

9.6 Business-to-consumer sale. Our item(s) are for personal use only and our liability shall not in any event include business losses such as loss of data, loss of profits or business interruption.

9.7 Transfer of rights. You may not transfer any of your rights under these Terms and Conditions to any other person. We may transfer our rights under these Terms and Conditions to another business where we reasonably believe your rights will not be affected.

9.8 Orders placed outside of United Kingdom. If you place an order for delivery outside the United Kingdom, a different set of Terms and Conditions will apply to your order. These can be accessed here.

9.9 Reservation of right to amend Terms and Conditions. We reserve the right to amend these Terms and Conditions at any time.

9.10 Governing law. These Terms and Conditions are subject to English law and the exclusive jurisdiction of the English courts.

10. Contacting us

10.1 Contact us. If you have any problems with your purchase, or want advice on whether your items are considered liable to deteriorate or expire rapidly, we can offer help and assistance. Please contact Customer Services by emailing us or call (+44) (0)800 952 3003 between 7am and 11pm (GMT/BST), 7 days a week.

11. Company Info

The ASDA George Website is owned and operated by ASDA Stores Limited whose registered office is at:

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

VAT registration: GB 362 0127 92
Company Registration: 464777

Customer Services:

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

Email: customer.services@asda.co.uk
Telephone: (+44) (0)800 952 3003 (lines are open between 7am and 11pm (GMT/BST), 7 days a week)