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Terms and conditions of use and sale for the ASDA Food Box Website

Last Updated: [06.05.2020]

We have set out below the conditions under which You are allowed to use the Site, what You can expect from Us and see the terms on which You place Your order. These terms and conditions apply together with Our Privacy Policy.

1. DEFINITION OF TERMS

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

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

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

"Deliver" means Us (or a third party delivery agent nominated by Us) delivering the goods that You order to the address stated in Your order (and that address must be within Our Delivery Area) and "Delivery" and "Delivered" shall be interpreted accordingly.

Delivery Area” means mainland England, Wales and Scotland only. This excludes Northern Ireland, the Highlands, the Islands and the following postcodes: AB31 - AB35, AB41 - AB54,AB36 - AB38, AB55 - AB56, FK17 - FK21, GY1 - GY10, HS1 - HS9, IV1 - IV63, JE1 - JE5, KA27, KA28, KW0 - KW14, KW15 - KW17, PA20 - PA78, PH15 - PH18, PH19 - PH29, PH32 - PH33, PH45 - PH48, PH30 - PH31, PH34 - PH44, PH49 - PH50, ZE1 - ZE3. We also reserve the right to exclude other addresses from Our Delivery Area where it is not possible for Our third party delivery agent to Deliver (such as a very remote or inaccessible location). If We cannot Deliver to Your address We will let You know.

“Food Box”, “Food Boxes” or “goods” or “items” or “products” means the goods that You may order from Us through this Site.

“eVoucher” means an electronic voucher for a monetary value redeemable either on the ASDA groceries website or in an ASDA store (or both) but not redeemable for use on this Site.

"Let Us Know" means:

  1. Within 30 minutes of placing Your order by going to your Orders, selecting the relevant Order ID and clicking “Cancel Order”; or
  2. After 30 minutes of placing your order by calling Our Contact Centre:
  • Monday to Friday between 8am and 8pm (GMT)
  • Saturday between 9am and 5:30pm (GMT)
  • Sunday between 10am and 4pm (GMT)

By Telephone: 0800 952 0101

By Minicom: 0800 0683003

"Site" or "Website" means Our Food Box website at foodboxes.asda.com and for the avoidance of doubt, excludes purchases of financial services goods, and from all other areas of ASDA.com.

2. TERMS OF USE

This section explains how You are allowed to access and use the Site.

2.1 Use of and access to the Site

2.1.1 From time to time it will be necessary for Us to carry out maintenance on the Site which may result in occasional periods of downtime. We‘d love to satisfy all our customer orders but from time to time We may have to ask You to come back another day to place an order if We have reached Our order capacity for that day. .

2.1.2 We can't promise that the Site will be uninterrupted or error-free or that defects in the Site will be corrected.

2.1.3 You can use the Site to browse and buy goods from Us and to manage your Account but not for any other purpose.

2.1.4 You must not use Your ASDA email/username and password combination to access the Site, or any part of the Site, including Your shopping list or favourite items, from anyone else's site. That is because access to the Site by commercial organisations, whether or not acting on behalf of Our customers, is strictly prohibited.

2.2 Content of the Site

2.2.1 We may update the Site from time to time, and may change the content at any time. However, please note that any of the content on the Site may be out of date at any given time, and we are under no obligation to update it. Although we try to update the information on the Site, we make no representations, warranties or guarantees, that the content on the Site is accurate, complete or up-to-date.

2.2.2 We do not guarantee that the Site, or any content on it, will be free from errors or omissions.

2.2.3 All rights, including without limitation any intellectual property rights, in any data on the Site, or any part of the Site, provided by Us or You, or any third party, (the Data) will automatically be owned by ASDA. 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.

2.2.4 You are responsible for configuring Your information technology, computer programmes and platform in order to access the Site. You should use Your own virus protection software.

2.2.5 You must not misuse the Site 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 Site, the server on which the Site is stored or any server, computer or database connected to the Site. You must not attack the 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 Website will cease immediately.

2.3 Non ASDA Websites

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

2.4 Governing Law

These terms of use are subject to English law and the exclusive jurisdiction of the English courts.

2.5 Changes to these Terms

If We make any changes to these terms of use We will let You know as soon as possible by posting the changes on Our Site.

3. TERMS OF SALE

These terms of sale will apply if You place orders on Our Site.

3.1 Becoming a Customer

3.1.1 To place an order on Our Site You must be over 18 years of age, require Delivery in Our Delivery Area and have a credit or debit card acceptable to Us in Your name.

3.1.2 When You register You will create a username and password which You must use whenever You shop with Us on the Site, the username and password which You use to access Your other ASDA accounts is not automatically registered on this Site. You will need to create a new Account but once You have registered on this Site We will remember You. You must treat Your username and password as confidential and must not disclose it to any third party. Please keep this information in a safe place because You will be responsible for all activities and orders made under Your password and username. If You think that someone else may either know or be using Your username and password, please Let Us Know.

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

3.2 Our Contract

3.2.1 Our Site invites You to buy goods from Us. Once You have placed an order on the Site We will send You an order acceptance by email setting out what You have ordered and the price of Your order. A legally binding contract with You will be created by this confirmation email (the “Order Confirmation Email”).

3.2.2 Please note that sometimes We may have to cancel Your order either before or after You have received the Order Confirmation Email and We will let you know if We need to do this. This might be because of circumstances out of Our control such as stock availability within our supply chain or our third party delivery agent is unable to deliver to Your specified address (or your address is not in the Delivery Area). If this happens, We will process a refund for you back onto the payment card You paid with. We will process this refund within 14 days of the Order Confirmation Email. The refund will be shown in Your available balance once cleared in Your bank account. Please note that from point of refund this process could take up to 20 days to show in Your account depending on which bank you use and where it is located.

3.2.3 We will be responsible for the goods until they are Delivered to You. At this time You become the owner of the goods.

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

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

3.3 Price

3.3.1 The price of the Food Box You order will be the price on the Site at the time You place Your order. If a new price (increase or decrease) or promotion is in place after You have placed Your order these prices and promotions will not be applied to Your order.

3.3.2 The total price of Your order includes Delivery. However, we reserve the right to change this and charge a separate Delivery charge at any time for any future orders You may place on the Site and You will be notified of this amount at checkout.

3.3.3 At the time of the Order Confirmation Email, We will debit Your payment card with the full price of Your order.

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

3.4 Order cancellation or amendments

3.4.1 If You realise you have made a mistake with Your order details or change Your mind within 30 minutes of receipt of the Order Confirmation Email then please follow the instructions in Your Order Confirmation Email and go to Your Orders on Your Account, select the relevant Order ID and click “Cancel Order”. We will then send you a confirmation email to let You know your order has been cancelled “Cancellation Confirmation”. We will then process a refund for You back onto the payment card You paid with within 14 days of the Cancellation Confirmation. The refund will be shown in Your available balance once cleared in Your bank account. Please note that from point of refund this process could take up to 20 days to show in Your account depending on which bank you use and where it is located.

3.4.2 If You realise you have made a mistake with Your order details or change Your mind after 30 minutes of receipt of the Order Confirmation Email then please Let Us Know as soon as possible, but please note it will be too late for Us to cancel the order or make any amendments, so You will be required to accept Delivery of the order and follow Our refunds policy set out at clause 3.5 below.

3.5 Orders which fail to meet our usual high standards or orders that are cancelled after 30 minutes from the Order Confirmation Email

3.5.1 When Your items are Delivered please check that the order is not damaged. In the event that Your order is visibly damaged or in any way does not meet Our usual high standards, please accept the order and Let Us Know as soon as possible.

3.5.2 If You have accepted the order and subsequently discover that an item is damaged or faulty or in any way does not meet Our usual high standards, please Let Us Know as soon as possible.

3.5.3 Where You have an issue with Your goods under clauses 3.5.1 or 3.5.2 please retain the original packaging. You are responsible for the goods from Delivery and You must store the goods in a safe place and they must remain sealed (as far as possible) as We may require them to be returned and they must be returned to Us in the same condition as they were Delivered to You. The refund policy for damaged items is set out below.

3.5.4 Where You have made a mistake or changed your mind in accordance with clause 3.4.3 and you wish to cancel Your order please Let Us Know and return the Food Box in its entirety, the Food Box must remain sealed. You are responsible for the Food Box and all its contents until it is received by Us in accordance with clause 3.5.8.

Refund Policy

3.5.5 If You Let Us Know before the expiry of the “use by” or “best before” date indicated on the item(s) where it arrives to You damaged or does not meet Our usual high standards we will happily offer you:

(a) a replacement item(s); or

(b) a goodwill voucher in the form of an eVoucher against that item(s); or

(c) a refund for the equivalent value of that item(s) back to the payment card You paid with.

3.5.6. Note that sometimes it will not be possible for Us to provide a replacement for an item. In these circumstances We will offer you goodwill eVoucher or a refund for the specific item only.

3.5.7 If you Let Us Know within 14 days after You received Your order (and so long as the expiry of the "use by" or "best before" date indicated on the item(s) has not passed within that period) where there is nothing wrong or damage to the goods, but You simply want to cancel Your order, We will happily offer (subject to receipt by Us of the returned order):

(a) a goodwill voucher in the form of an eVoucher against the Food Box price; or

(b) a refund for the Food Box back to the payment card You paid with.

3.5.8 To be eligible for this refund policy You must store the item(s) in a safe place and as far as possible in the same packaging and sealed as We may require the item(s) to be returned and they must be returned to Us in the same condition they were Delivered to You. Where the item arrives to You damaged or does not meet Our usual high standards We will not charge You to return the items. However, if You simply want to change Your mind and cancel Your order, We reserve the right to ask You to return the Food Box at Your cost in accordance with Our directions and to the address that We specify to You. You must return Your Food Box via a recorded delivery method so You can provide proof of the return in the same packaging as it was Delivered to You. Please note the Food Box must be returned to Us prior to the goods “best before” or “use by” date.

3.5.9 Please note that if You require a refund (rather than an eVoucher or replacement item) a refund can take up to 20 days to appear in your bank or credit card account after We have processed it. This may depend on which bank You use and where it is located. We will make any refunds within 14 days of receiving Your request via Our customer call centre, or if We require collection of the goods from You, within 14 days of receiving Your returned goods.

3.5.10 You will not be able to return any goods ordered through the Site to an ASDA store in return for a refund. Any return or exchange you do attempt to make within an ASDA store of goods purchased through this Site shall be without a receipt and the ASDA store reserves the right to refuse a refund and/or apply its own standard in-store refunds policy.

3.5.11 Many of Our own brand products carry the Try Me Love Me promise and they may be contained in Your Food Box. If You’re not 100% satisfied with them please Let Us Know and We will arrange for a refund and also an e-voucher (to the equivalent value of that particular item(s) within the Food Box) to allow You to choose a replacement product as part of your next online or in-store shop with Us. Our Try Me Love Me promise applies to any item featuring Try Me Love Me on the packaging.

3.5.12 Your rights under UK or your national consumer legislation are not affected.

3.6 Stock Shortages on Popular Goods

3.6.1 We do Our best to ensure that We have amazing availability but We do occasionally run out of some goods. We list an indicative list of items that Your Food Box may contain on Our Website, however, We cannot offer a guarantee that all products will be available but We will do our best to substitute the item with a like for like product. If You are not happy with the substitution, please Let Us Know as soon as You can so that We may handle this in accordance with clause 3.5.

3.6.2 Please read all information on the product label carefully including any substituted products.

3.7 Delivering Your Goods

3.7.1 We always aim to Deliver Your goods within the estimated Delivery timescales We have quoted to You on the Site or in your Order Confirmation Email, but We cannot accept liability if We Deliver the goods outside of this timeframe or don't Deliver all or any of the goods in Your order. Instances where it may not be possible to Deliver Your order may include (but not limited to):

  • where the driver believes it is unsafe or impractical to approach the property;
  • where the driver believes it is unsafe to deliver due to an uncontrolled/dangerous dog;
  • where the driver cannot deliver to the property due to bad weather,

where these occur the delivery driver will contact You to arrange a re-delivery or delivery to an alternative location such as a safe place or with a neighbour.

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

3.7.3 We can only Deliver to an address You provided to Us at the time of the order and We may not be able to amend this address after the order has been made. We can only make a Delivery to an address within Our Delivery Area.

3.7.4 Our commitment is to deliver Your order to Your front door in a contactless manner. There may be circumstances where this may not be possible (including but not limited to):

  • where the driver believes they are at risk of injury;
  • where the driver believes any stairs to Your front door are structurally unsafe;
  • where the driver believes it is unsafe to enter the property;
  • where the driver has not received clear permission to enter the property;
  • where the driver is under instructions from Us not to enter the property (for example, due to Government guidelines relating to COVID-19).

In these circumstances the driver may ask to meet You in another location, as close as possible to Your front door. If You are unable to meet the driver in another location, or provide an alternative method of Delivery (such as delivery to a safe place or to a neighbour) then Your Delivery may not be completed. Please Let Us Know if you do not receive Your goods.

3.7.5 We will not be responsible for any losses you may incur (such as damage, theft, tampering with the goods or contamination of the goods) if You ask our third party delivery agent to Deliver your goods to a safe place or a neighbour.

3.7.6 If You are not in at the time of Delivery and have given special delivery instructions, Our third party delivery agent will try their utmost to follow these instructions. If no instructions are given, they may leave Your Delivery in a safe place at Your address (if one can be found), and they will leave You a card to inform You where the parcel has been left. If a safe place cannot be found, the Delivery agent will then attempt to leave the order with a neighbour and a card will be left to inform You which neighbour. The Delivery agent will contact You or leave a card if they have not been able to leave the order with a neighbour or in a safe place, please follow the instructions provided. After the final Delivery attempt by the Delivery agent has been made Your order will be returned to Us.

3.7.7 We are an ethical retailer and are committed to upholding both Our legal and social obligations as a retailer of products. To achieve this position, We have a number of control checks throughout Our purchase and delivery process, for example, We will only deliver to somebody who is, in Our reasonable opinion, aged 18 or over.

3.7.8 It is Your responsibility to ensure that the person accepting delivery is aged 18 or older and can demonstrate this to Us if challenged. If We are not satisfied that the person accepting Delivery is aged 18 or older, then We may not hand over Your Delivery. If there is no one at the Delivery address who is 18 years of age or over, we'll notify You of Our visit and Our third party Delivery agent will attempt re-Delivery at another time in accordance with clause 3.7.6.

3.8 What We are Not Liable For

3.8.1 Whilst We take every care to Deliver Your order, We cannot be liable for any indirect or consequential loss or damage or loss of profits or reliance You had in having the goods Delivered to You, arising out of Our supply or failure to supply the goods to You.

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

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

3.8.4 With the exception of faulty goods or returns made in accordance with clause 3.5 of these terms, We shall not be liable for goods once they have been Delivered to the Delivery address, stated in Your order and if You ask a third party to move, transport or deliver the goods to any other address following Our Delivery, We shall not be liable for anything that that third party might do to the goods.

3.9 Use of Cards

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

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

3.10 eVouchers

3.10.1 Any eVouchers provided to You as a goodwill gesture will not be valid on this Site. However, You are able to use eVouchers on grocery shopping orders placed on Our groceries site or in an ASDA store subject to the terms and conditions of the eVoucher.

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

3.10.3 Each eVoucher issued is subject to specific terms and conditions of use. Unless expressly stated otherwise eVouchers are not transferable and there is no cash alternative available.

3.10.4 ASDA reserves the right to withdraw or cancel any of its eVouchers at any time, either as a whole or for specific goods.

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

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

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

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

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

3.11 Goods information, ingredients and allergens

3.11.1 We are unable to guarantee to You the exact content of Our Food Boxes and are therefore unable to display allergen advice, ingredient lists and other product information on our Site. Please make sure You read the food packaging labels on all items contained in Your Food Box that is Delivered to You carefully to understand what allergens or ingredients are present in each product. If You are unable to consume specific allergens or ingredients, We cannot ensure nor take any responsibility that the goods in the Food Box We have Delivered to You will be suitable for You.

3.11.2 We do our best to ensure that the indicative content of Our Food Boxes displayed on our Site is accurate. However, it is possible that sometimes this information is out of date, incomplete or has errors. Where We spot any errors We will do Our best to update this as soon as possible. It also may mean that We are unable to provide those affected goods to You.

3.11.3 Please note that the images used on Our Site are for illustrative purposes only. We try Our best to ensure that the images accurately represent the products and the packaging of those items, however, We are unable to guarantee this. If You are unhappy with the goods Delivered to You, please Let Us Know.

4. CUSTOMER SERVICES

4.1 If you have any queries please Let Us Know by contacting our customer contact centre:

  • By Telephone: 0800 952 0101
  • By Minicom: 0800 0683003

During the following hours:

  • Monday to Friday between 8am and 8pm (GMT)
  • Saturday between 9am and 5:30pm (GMT)
  • Sunday between 10am and 4pm (GMT)

4.2 You may also write to us at:

Asda Customer Services

Customer Services,

ASDA House,

South Bank,

Great Wilson Street,

Leeds,

LS11 5AD