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Terms and Conditions for the Purchase of Goods
Please read the following important terms and conditions before you submit an order to buy anything on our Website and check that they contain everything which you want and nothing that you are not willing to agree to.
1. Use of and Access to the Handset Shop
"You" and "Your" means the person creating an account on the Site.
"ASDA" or "We" or "Us" or "Our" means ASDA Stores Limited whose registered office is at ASDA House, Southbank, Great Wilson Street, Leeds, LS11 5A
"Goods" means any goods You purchase under these terms and conditions.
"Order" means Your order for Goods.
"Site" or "Website" means the Website available at mobile.asda.com.
When buying any Goods on this Site you also agree to be legally bound by our website terms and conditions which will form part of this contract as though set out in full here:
2. Your contract with Us
2.1 Order Placement. You place an Order on the Site by clicking on the 'Pay Now' button. Please read and check your Order carefully before submitting it. However, if You need to correct any errors You can do so before submitting it to Us.
2.1 Order Acknowledgement. Once You have placed an Order on the 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.
2.3 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.
2.4 Ownership. Ownership of an item will not pass to You until it has been delivered to You. Once an item is delivered You will be responsible for the damage or loss of the item.
2.5 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 accept your order to supply a particular item, for example because We have identified an error in the price or description of the product or because We are unable to meet a delivery deadline You have specified, 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.
3. Price and Payment
3.1 Pricing errors. We reserve the right to change prices on the 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 prior to dispatch of Your Order 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:
3.2 VAT or other sales tax. All prices are in pounds sterling (£) and expressed inclusive of any VAT or other sales tax 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 VAT or other sales tax is chargeable on the sale. The price of each item does not include the cost of delivery.
3.3 Method of Payment. You must pay for Your Order in pounds sterling using a credit or debit card. All payments shall be transacted through the Worldpay gateway. 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. All credit and debit card payments need to be authorised by the relevant card provider.
3.4 Debit of Payment. Payment will be debited from Your account upon submission of Your Order. This is not when the contract between Us and You is formed (see 'Your contract with Us' section above).
4.1 Delivery charges. You can choose to have Your item(s) delivered to Your home. Our standard delivery charges can be found on our Website and will be displayed at checkout when You place Your Order.
4.2 Delivery time estimates. We will provide You with an estimated delivery date when we email You to confirm we have accepted Your Order. Please note that while We aim to deliver within the timescales set out on the Website, these are only estimates and are not guaranteed delivery times. In any event We will deliver the Goods within 30 days after we have accepted Your Order. If the delivery address is in a remote location Your delivery may take a little longer to arrive.
4.3 Delivery and Goods requiring signature. Delivery of the Goods will take place when We deliver them to the address that You gave to Us. A signature may sometimes be required at delivery. By placing an Order You are authorising Us to accept acceptance of delivery from another person at the same address on Your behalf if You are not present at the time of delivery.
4.4 If you are not at home when the Goods are delivered. If no one is available at Your address to take delivery, our authorised courier will leave a card and make a further attempt to deliver the Goods on a separate day. If the second delivery attempt is unsuccessful, we will contact you by email to ask you to book a new delivery slot (within the next 30 days). You must book the new delivery slot within 72 hours of receiving the email. If You have not booked the new delivery slot or if the third delivery slot is unsuccessful the Goods will be returned to Our supplier, and We will cancel the Order and provide You with a full refund.
Delays outside our control. If our supply of the Goods is delayed by an event outside our control then We will contact You as soon as possible to let You know and take reasonable steps to minimise the delay. Provided We do this We will not be liable for delays caused by the event, but if there is a risk of substantial delay, You may contact Us to end the contract and receive a refund for any Goods You have paid for but not received.
5. Your right to cancel
5.1 Changing your mind. For Goods bought online, You have a right to change your mind and cancel Your contract with Us within 30 calendar days, without giving any reason and receive a refund. The cancellation period will expire 30 days after the day You receive delivery of the Goods.
5.2 How to tell us you want to cancel. To exercise your right to cancel, please let us know by doing one of the following:
Email - email us at firstname.lastname@example.org. Please provide your details in the form set out below;
Model Cancellation Form
To: ASDA Stores Limited, ASDA House, Southbank, Great Wilson Street, Leeds LS11 5AD
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract for the supply of the following service [*],
Ordered on [*]/received on [*],
Name of consumers(s),
Address of consumers(s),
Signature of consumers(s) (only if this form is notified on paper),
[*] Delete as appropriate.
Upon delivery - Simply notify our authorised courier that you will not accept delivery of the Goods.
5.3 Cancelling an Order prior to delivery. If at the time of cancellation, the Goods have not yet been delivered, the Goods may have already been dispatched and we may be unable to prevent the delivery. Upon delivery You should refuse to accept delivery or sign for the Goods and they will be returned to Us.
5.4 Storing Goods for return. You must take reasonable care of the Goods whilst they are in Your possession and immediately stop using any Goods which You have decided to return. When You return the Goods please make sure that the Goods are switched off, undamaged, in a sellable condition, and with all of its components including the original packaging and protective packaging.
5.5 Returning the Goods.You must return the Goods, or hand them over to Us if we have offered to collect them, without undue delay and in any event no later than 14 days from the day you informed Us that wish to cancel. For more information on returns please see Our returns policy here.
5.6 Refunds on cancellation. We will refund the full cost of the Goods including the costs of standard delivery charges within 14 calendar days after the day on which We receive the returned Goods back, or, the day on which You provide evidence of having sent the Goods back to Us, if earlier. All refunds will be made by crediting the same card You paid with.
5.7 Costs incurred in returning cancelled Goods. You will not be charged for the cost of returning the Goods to Us.
6. Nature of the Goods
6.1 Your legal rights as to the Goods. The Consumer Rights Act 2015 give You certain legal rights (also known as 'statutory rights') when You buy goods online, providing that the Goods must be: as described, fit for purpose and of satisfactory quality. We must provide You with Goods which comply Your legal rights. For detailed information regarding your rights please visit the Citizens Advice website here or call 03454 04 05 06.
6.2 Packaging. The packaging of the Goods may be different from that shown on Our Website.
6.3 Images of the Goods may vary. The images of the Goods on Our Website are for illustrative purposes only. While we try to make sure that the colours of our Goods are displayed accurately on our Website, the actual colours that You see on Your computer may vary depending on the monitor that You use.
7. Faulty Goods.
7.1 Your right in respect of faulty goods. If the Goods provided to You are damaged, faulty, mis-described or not of satisfactory quality, You may have a legal right to get the Goods repaired or replaced, or reject the Goods and get some or all of Your money back. The rights You have depend on when You discovered the Goods were damaged, faulty, mis-described or not of satisfactory quality, as follows:
(a) within the first 30 calendar days of delivery - You may reject the Goods and request a full refund, or elect for a replacement of the Goods;
(b) after 30 calendar days from delivery - You may return the Goods and request a replacement. If the replacement provided by Us is not satisfactory, You can then request a refund.
7.2 Where it is not possible for Us to provide a replacement for the Goods (e.g. because the Goods/parts no longer exist), We will offer You a refund or a price reduction.
7.3 Delivery costs. In circumstances where We process a refund for Goods which are damaged, faulty, mis-described or not of satisfactory quality We will also refund You for the full delivery costs You incurred to receive and return the Goods and You will not be charged when We re-deliver replacement Goods to You.
7.4 How to return faulty items to Us. You can return Goods to Us by Logging onto Your account and selecting the Order/item You would like to return and completing the returns form, adding as much detail as possible (especially for faulty Goods so that when We test the Goods We are able to identify the fault). You will be asked to select a preferred collection date and You will need to package the Goods for return and When the Goods are collected You will be provided with a returns label and a receipt for the return of the Goods. [If the faulty Goods are not returned to Us within 30 days of the date You raised the fault in Your online account, We will charge for the full cost of the replacement item.] For more information on returns please see Our returns policy here.
7.5 Costs of returning faulty Goods. Where the Goods are returned because they are faulty, mis-described or not of satisfactory quality, We will pay for the costs of the return or collection of the Goods.
7.6 Refunds for faulty Goods. Where we provide a refund because they are faulty, mis-described or not of satisfactory quality, we will pay the refund within 14 days, starting from the day We agree You are entitled to a refund. All refunds will be made by crediting the same card You paid with.
8. General Provisions
8.1 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.
8.2 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.
8.3 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.
8.4 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. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both We and You knew it might happen, for example, if You discussed it with Us during the sales process.
8.5 Limitation of liability. Our liability to You in connection with any Order will not exceed the total price charged for the items.
8.6 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 for breach of any legal rights You have as a consumer under consumer protection legislation (including the right to receive the Goods which are fit, for purpose, as described and which are of satisfactory quality).
8.7 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.
8.8 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.
8.9 Right to amend terms and conditions. We may amend these terms and conditions at any time, for one or more of the following reasons:
(a) to respond proportionately changes in any relevant laws or regulation; or
(b) to make them easier to understand or fairer to You;
we will inform You of any changes as soon as possible. Any Order placed by You for Goods will be subject to the terms and conditions in force at the time You place your order.
8.10 Governing law. These terms and conditions are subject to English law and the non-exclusive jurisdiction of the courts of the area in the United Kingdom in which you live.
10.1 If you wish to raise any complaints you can speak to us through one of the following ways:
11. Contacting Us
11.1 Contact Us. If You have any problems with Your purchase, or want advice please visit Our contact us page.
11.2 Language. Please note that Our Customer Service team is English speaking and can currently only respond in English.
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