Asda Terms & Conditions
These terms and conditions (‘T&Cs’) govern your use of www.opticians.asda.com (the ‘Website’). The Website is operated by ASDA Stores Limited ('we', 'us' or 'Asda Opticians’).
By using the Website you are agreeing to the T&Cs on this page so please read them carefully. If you do not agree to these T&Cs, you may not use the Website.
At www.opticians.asda.com you can order a range of items (‘Items’) which may include contact lenses, glasses, contact lens solutions and eye drops and by accessing this Website and/or ordering any Items from our Website, you agree to be bound by these T&Cs. Please take time to read these T&Cs carefully as they affect your rights and liabilities under law.
By placing an order for any of our Items via the Website, you are deemed to have read and accepted the T&Cs and other documents expressly referred to in these T&Cs and be bound by them. Please note that before placing an order you will be asked to agree to these T&Cs. Please click on the button marked "I Accept" at the end of these T&Cs if you accept them. If you refuse to accept these T&Cs, you will not be able to order any Items from the Website.
We may make changes to the T&Cs and any changes will be notified to you via a suitable notice on the Website. Please review the T&Cs regularly for any updates and changes to ensure that you understand the terms which will apply at the time of your order. The use of the Website will be deemed to be your acceptance of these updates and changes and if you do not wish to accept the new T&Cs you should not continue to use the Website. If you continue to use the Website after the date on which any change(s) to the T&Cs come into effect, your use of the Website indicates your agreement to be bound by the updated T&Cs.
1. Use of the Website
1.1 Use. Subject to these T&Cs, we authorise you to access and use the Website for personal use only.
1.2 Accuracy of content. We reserve the right to change the content of the Website at any time. Although we try to keep the information on the 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 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 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 Website or any part of the 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 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 Website, the server on which the Website is stored or any server, computer or database connected to the Website. You must not attack the Website in any way including, but not limited to 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. Becoming a Customer
2.1 Registering on the Website. To place an order on the 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 true name, address, phone number, email address and any other details requested;
- be resident in the UK and provide a delivery address within the United Kingdom (which means England, Wales, Scotland and Northern Ireland) (the ‘UK’); 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 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 the Items you ordered have been dispatched. The contract will be formed in, and subject to the laws of, England. If for any reason your order is not accepted (for example if your payment method is declined) you will receive a notification via email of cancellation from us and no legally binding contract will be formed.
3.3 Ownership. Ownership of an Item will not pass to you until it has been delivered to you in accordance with term 6 below, provided payment for the Item has been received by us. 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. Online Glasses & Contact Lens Supply
4.1 We can only supply glasses and contact lenses to the specification provided by your optician for the period for which it is valid.
4.2 By placing an order from this Website for glasses/contact lenses, you are confirming that:
(a) the order placed through this Website represents a request for glasses and/or contact lenses by you, which fulfils the needs of you yourself and no other person;
(b) you have a valid and current glasses/contact lens specification which has not exceeded the expiry date noted on it and which has been issued by a General Optical Council registered optician or contact lens practitioner for the glasses/contact lenses which you are ordering;
(c) the data you provide concerning the condition of your eyes corresponds to the data found on your current glasses/contact lens specification;
(d) you have not been advised to stop wearing contact lenses by an eye care or medical practitioner and have not, within the last 12 months suffered from any eye condition requiring treatment;
(e) you have not been advised to stop wearing glasses by an eye care or medical practitioner and have not, within the last 12 months suffered from any eye condition requiring treatment;
(f) you consent to us contacting your optician or contact lens practitioner to verify your glasses/contact lens specification if required, and that if the verified details do not match those provided by you, we will be unable to complete the sale to you until you undergo an eye test with an optician or contact lens practitioner. If, for any reason, you do not wish to undergo an eye test, you may cancel the order;
(g) you know of no reason why the glasses/contact lenses which you are ordering would not be appropriate for you;
(h) you are not experiencing any discomfort with the glasses/contact lenses you are currently prescribed to wear;
(i) you understand that you should not attempt to wear any contact lens where the contact lens specification does not match your current contact lens specification and that the left and right lenses should be worn only in the corresponding eye. You undertake that you shall use any contact lenses sent to you by us strictly in accordance with any accompanying user and safety instructions;
(j) in respect of contact lenses, you undertake to have a contact lens check at least once in any period of twelve months or more frequently, if recommended by your optician;
(k) in respect of glasses, you undertake to have an eye test at the intervals recommended by your optometrist;
(l) the information and details provided by you either during registration or at any time are true, accurate, current and complete in all respects;
(m) you will notify us immediately of any changes to the personal information by emailing us at optical.service@asda.co.uk or telephoning our Customer Service representatives on 0800 479 8716 between 9.00am and 5.30pm (GMT) Monday to Friday; and
(n) you are not registered blind or partially sighted.
4.3 Glasses/contact lens wear can affect the health of your eyes. In the supply of all glasses/contact lenses, all eye care practitioners have to meet certain legal obligations in the interest of their patient’s ocular health. We only supply glasses/contact lenses as detailed specifically in your written contact lens or glasses prescription. We will not supply any other type of contact lenses or glasses.
4.4 Contact Lenses Specification. We undertake to supply you with the exact type and brand of contact lens specified by your optician in the contact lens specification sent by you to us. Contact lenses will be packaged in the original manufacturer’s sealed package. Each set of contact lenses supplied to you by us will be dispatched in a container which will bear an identifying lens prescription for each lens. While we use our reasonable endeavours to ensure that lenses of the correct prescription are supplied to you, please let us know if any identifying lens prescription description provided to you is inaccurate.
4.5 If you require contact lens aftercare, you can contact your local ASDA Optical store and arrange an appointment with one of our opticians.
4.6 If you require glasses adjustments, you can contact your local ASDA Optical store and arrange an appointment with one of our optical colleagues.
Reminders and Reorders of Contact Lenses
4.7 Re-ordering contact lenses is easy as we will retain your contact lens prescription for future orders although we can only supply enough contact lenses to last until the end of your prescription. Each time we prepare a repeat order we will assume that the confirmations which you provided in clause 4.2 remain true at the time of the repeat order. If you think that any of these confirmations are no longer true, you should notify us immediately of any changes to the personal information by emailing us at optical.service@asda.co.uk or telephoning our Customer Service representatives on 0800 479 8716 between 9.00am and 5.30pm (GMT) Monday to Friday. If your prescription is out of date, we will not be able to supply your contact lenses and you will need to re-enter the details of your new and valid prescription online. If we identify that your prescription is out of date, we will be unable to fulfil your repeat order and will notify you of this.
4.8 If you would like to take advantage of our reorder process which gives you the opportunity to set up a regular order, whether it is monthly, quarterly or bi-annually, you can do this by selecting this option when completing your online order form. You will be presented with a tick box for a repeat order and an option to set up a reminder for that repeat order. By ticking that box, you consent to us contacting you by email and/or SMS to remind you of your repeat order. We will send you a reminder of your repeat order by email and/or SMS within 7 working days of the order due date (unless otherwise agreed with you). You will then have 5 working days to cancel the repeat order before we process it. If you do not cancel the repeat order before expiry of that 5 working day period, your order will be placed and you will receive an order confirmation email acknowledging the details of your repeat order. This email is not an acceptance of your repeat order and is only confirmation that we have received it, and the contract between us for your repeat order will only be formed as set out in paragraph 3.2 above.
5. Online Price and Payment
Price
5.1 Prices may differ online and instore. From time to time, prices of Items published on our site may differ from the price offered at the same time in ASDA stores or in our catalogues.
5.2 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 within 14 days of you placing your order on the 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.
5.3 VAT or other sales tax. All prices are expressed inclusive of any VAT or other sales tax payable. The price of each Item includes a charge for dispensing services and a separate charge for frames and lenses or contact lenses (where applicable) but does not include the cost of delivery or any other services.
Payment
5.4 Method of payment. You must pay for your order in pounds sterling using a credit or debit card or Asda Money Credit Card. 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.
5.5 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).
5.6 Asda Money Credit Card. The use of an Asda Money Credit Card for orders placed on the Asda Opticians website shall be subject to the Asda Money Credit Card terms and conditions.
6. Online Orders Delivery
6.1 Delivery Charges. You can choose to have your Item(s) delivered to an address of your choice or to your local ASDA store in the UK (the "Collect in Store option"). Delivery to your home may incur a charge which will be displayed at checkout.
6.2 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.
6.3 Collect in Store. When using the Collect in Store 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 have your order number ready, this was provided at the time of ordering and will be on our email communication.
6.4 Verification. We will only take payment of your order once we have verified your glasses/contact lenses specification with your optician. We aim to deliver your order as soon as possible once verification from your optician is received. If we don’t yet have your details verified or for more unusual specifications this may take longer. If for any reason we are unable to verify your specification we will contact you to let you know.
7. Cancelling Your Online Order
7.1 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 12 ‘Contacting us’ below). If at the time of cancellation, the Item(s) has not been dispatched 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 via a signed delivery service 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.
7.2 Cancelling an order prior to collection. If you cancel a Collect in Store order 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.
7.3 Failure to collect. If you fail to collect your Collect in Store order within 10 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 12 ‘Contacting us’ below) or your chosen optical store. Please be aware that you can only extend your collection date once.
7.4 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.
8. Returns After Delivery/Collection for online orders only
Changing your mind
8.1 Changing your mind. Other than in the case of the excluded items listed at term 8.2 below, you are entitled to change your mind and cancel your order for any reason within 14 calendar days after delivery or collection for an exchange or full refund.
8.2 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:
- perishable items; and
- items which cannot be resold for health and hygiene reasons once unwrapped (e.g. eye drops and solutions, personal grooming items, and medicines).
8.3 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, 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.
8.4 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, damaged or mis-described Items
8.5 When your Items are delivered please check that the order is complete and not damaged. If your Items appear visibly damaged, and have been delivered by a courier using signed for delivery, we suggest you do not accept the Items from the courier and contact Customer Services as soon as possible on 0800 479 8716 between 9.00am and 5.30pm (GMT) Monday to Friday. If the courier refuses to accept the rejected Items, please follow the returns process in paragraph 8.6.
8.6 If you have accepted the Item(s) and subsequently discover that they are damaged, faulty or mis-described, do not continue to use the damaged, faulty or mis-described Item(s) and call Customer Services as soon as possible on 0800 479 8716 between 9.00am and 5.30pm (GMT) Monday to Friday as you may be offered a refund, price reduction or replacement. The Item(s) must be returned with all of its components, in its original and re-sealable packaging.
8.7 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
8.8 If you wish to request a return or report any problems with your purchase,
we can offer help and assistance. Please contact our Customer Services by
emailing us at optical.service@asda.co.uk or calling us on 0800 479 8716 between 9.00am and 5.30pm (GMT) Monday
to Friday.
8.9 For store T’s and C’s, please speak to a store colleague.
9. Online Orders - Refunds
9.1 Payment card. All refunds will be made by crediting the card you paid with.
9.2 Processing time. We will make any refunds within 14 days of receiving the Item(s) back or, following a returned item being deemed lost in transit by the relevant courier or postal service, within 14 days of the date that you supplied us with satisfactory proof that you have returned the Item(s) to us (for example, proof of posting certificate). The refund will be shown in your available balance once cleared in your account.
9.3 Costs incurred in returning Item(s). We will not be responsible for your costs in returning Item(s) unless they are damaged in transit, faulty, or otherwise permitted by these terms.
9.4 Exchange Rates. Any refunds paid to you will be in Pounds Sterling and will match the amount you paid in Pounds 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.
9.5 Other legal remedies. Your rights under UK or your national consumer legislation and any manufacturer guarantees are not affected by anything in these T&Cs.
10. Liability
10.1 Non-waiver of future right to enforce. The failure of us to take any action in respect of a breach of these T&Cs shall not waive our right to enforce them in the future and we reserve our rights in respect of these T&Cs at all times.
10.2 Our liability. If we are in breach of these T&Cs we will only be responsible to you for any foreseeable loss that you suffer as a result. By "foreseeable" we mean that, at the time the contract was made, it was either (i) clear that you would suffer that loss; or (ii) you and we both knew that you might suffer that loss in normal circumstance, as a result of something we did (or failed to do). As an example, if we failed to deliver an item to you in breach of these terms, we would be responsible for a refund for the price of that item (as it is clear you would suffer that loss) but, if the item was intended as a present for which you felt you needed to find a replacement, we would not be responsible for the cost of the additional present, only for the cost of the item which we did not provide (as we would not know that you intended the item as a present, and require a replacement).
10.3 Limitation of liability. Our liability to you in connection with any order will not exceed the total price charged for the Items.
11. Force Majeure (events outside of Asda Optician’s control)
11.1 Asda Opticians will not be liable to the you or be deemed to be in breach of the T&Cs by reason of any delay in performing, or any failure to perform, any of Asda Optician’s obligations in relation to the Items, if the delay or failure was due to any Force Majeure or other cause beyond Asda Optician’s reasonable control.
11.2 ‘Force Majeure’ means any Act of God, explosion, flood, tempest, lightning strike, fire, accident, war or threat of war, sabotage, insurrection, civil disturbance or requisition, epidemic, pandemic, acts, restrictions, regulations, bye laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority, import or export regulations or embargoes, strikes, lock outs or other industrial actions or trade disputes (whether involving employees of Asda Optician’s or of a third-party), difficulties in obtaining raw materials, labour, fuel, parts or machinery or power failure or breakdown in machinery.
12. General Provisions
12.1 Entire agreement. These T&Cs 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.
12.2 Liability for death or personal injury. Nothing in these T&Cs 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.
12.3 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.
12.4 Transfer of rights. You may not transfer any of your rights under these T&Cs to any other person. We may transfer our rights under these T&Cs to another business where we reasonably believe your rights will not be affected.
12.5 Applicable laws require that some of the information or communications we send to you should be in writing. When using our Website, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This does not affect your statutory rights.
12.6 The names, images and logos identifying us and our products or third parties and their products and services are subject to copyright, design rights and trade marks of us, and/or third parties. Nothing contained in these terms shall be construed as conferring by implication, estoppels or otherwise any licence or right to use any trademark, patent, design right or copyright of ours, or of any other third party.
12.7 Each of the paragraphs of these T&Cs operates separately. If any court or relevant authority decides that any of them are invalid, unlawful or unenforceable to any extent, the remaining paragraphs will remain in full force and effect.
12.8 Reservation of right to amend T&Cs. We reserve the right to amend these T&Cs at any time.
12.9 Severance. If a court decides that part of the T&Cs is not enforceable in law, that decision does not alter the enforceability of the rest of the T&Cs.
12.10 Governing law. These T&Cs are subject to English law and the non-exclusive jurisdiction of the English courts.
13. Contacting us
13.1 Contact us. If you have any problems with your purchase, please first consult our Optical Customer Services Team:
Customer Services (Optical),
ASDA House,
Southbank,
Great Wilson Street,
Leeds,
LS11 5AD,
United Kingdom
email: optical.service@asda.co.uk
Telephone: (+44) (0)800 479 8716
13.2 Language. Please note that our Customer Service team is English speaking and can currently only respond in English.
14. Company Info
The Website is operated by ASDA Stores Limited whose registered office is at:
ASDA House
Southbank
Great Wilson Street
Leeds
LS11 5AD
United Kingdom
VAT registration: GB 362 0127 92
Company Registration: 464777