Asda Direct policy on refunds

Fair_is_fair

Hi,

I'm new to posting on forums so please forgive me if I'm a little unfamiliar with the etiquette or if I've missed an earlier post.

I could really do with some help and advice on how to deal with Asda Direct regards getting a refund. I ordered two large sofas and two foot stools at the start of February this year. They took full payment immediately, even though they were 'build to order' items that were expected to take 2 months to be delivered. I got the foot stools about 2 weeks ago and I was told that I could expect delivery of the Sofas on Friday 4th April, between 7.15-11.15am.

I waited in all morning and there was no sign of them. Then I picked up a card at 12.15pm that said that they attempted delivery at 11.30am. This is absolute nonsense because I checked the door at 11.30 and there was nothing there. The driver didnt knock on the door, ring the door bell or make any attempt to call my mobile. I suspect that as he was already running late and as parking is a bit difficult on our street he decided he could skip my delivery and make up time for other deliveries later in the day.

I'd waited in especially for this delivery and so was very upset, as you might imagine. I called the number on the Arrow XL card that they left behind to complain and to request delivery later the same day. The girl I spoke to was totally unhelpful and kept putting me on hold and after about 15mins on the phone she decided she'd just put the phone down on me. I called back and complained and eventually got a call back from the depot. They refused to deliver later in the day but told me that they would make sure I was have my sofa's the following morning (Saturday) and that as the drivers were coming from Worcester (I live in Birmingham) I could expect to be one of the first customers on there list. I waited in all morning on Saturday and there was no sign of them - not even a card this time!

I've had enough now. It costs me time and money to sit in for deliveries and I just want to cancel my order. I called Asda to cancel the order and request a full refund and I'm being told I have to wait 2 weeks for a refund (they have to go through a process apparently?). I dont see how this is right or fair? I appreciate they have to pick up the foot stools (which is a minor portion of the value of the order) but they could do that on Monday if they wanted to. How is it that Asda can take full payment for a complete order from day one, have my money for over 2 months, completely mess up on delivery and then tell me that they can't refund me for possibly 2 weeks even though I still haven't received the bulk of the order???

I could really do with some advice folks. What should I be doing right now?

unholyangel

Under DSRs, they have 30 days to refund you. 2 weeks is actually pretty quick!

Probably not what you were wanting to hear but unfortunately, they're doing it faster than required by law.

cattie

I think you'll find that retailers have up to 30 days to refund a card payment.

I know & understand how angry you are at the shambles regarding delivery of your sofa, but from what you say, it is not actually Asda's fault that they haven't been delivered & if they are offering to refund you, then you are very lucky.

unholyangel

cattie wrote: »

I think you'll find that retailers have up to 30 days to refund a card payment.

I know & understand how angry you are at the shambles regarding delivery of your sofa, but from what you say, it is not actually Asda's fault that they haven't been delivered & if they are offering to refund you, then you are very lucky.

I'm sorry but I'm pedantic. OP isnt lucky they're offering a refund - they're required to provide a refund by law under distance selling regulations.

Bantex_2

unholyangel wrote: »

I'm sorry but I'm pedantic. OP isnt lucky they're offering a refund - they're required to provide a refund by law under distance selling regulations.

Are you sure, they were "built to order"?

wealdroam

Bantex wrote: »

Are you sure, they were "built to order"?

"built to order" is not a reason to refuse a cancellation request under DSRs.

Perhaps you are thinking about "goods built to the customer's specification".

The OFT explain it quite well in their guide:

3.38 Unless you have agreed that they can, your consumers cannot cancel if the order is for:
the supply of goods made to the consumer’s own specification such as custom-made blinds or curtains. But this exception does not apply to upgrade options such as choosing alloy wheels when buying a car; or opting for add-on memory or choosing a combination of standard-off-the shelf components when ordering a PC, for example

jackieblack

Why could they not deliver the sofas another day if you've got to be at home another day anyway in order to have the footstools collected? :huh:

honeybean

Surely your complaint is with the delivery company not ASDA as they have supplied your order but it is the delivery company that has failed in its duty to deliver.

wealdroam

honeybean wrote: »

Surely your complaint is with the delivery company not ASDA as they have supplied your order but it is the delivery company that has failed in its duty to deliver.

It is Asda's responsibility to manage the delivery company.

The Op made a purchase from Asda... it is Asda's responsibility to get the goods to the OP.

The OP has no contract with the carrier.

From MSE's Failed Delivery guide:

YOUR RELATIONSHIP IS WITH THE RETAILER -
NOT THE COURIER COMPANY

From the moment you pay for your goods or service to the second it's delivered, the retailer - and not the courier or delivery company - is responsible, as that's who your contract is with. So the retailer should always be your first port of call for any complaints.

unholyangel

Bantex wrote: »

Are you sure, they were "built to order"?

As wealdroam says, made to order/build to order is not the same as made to the customers specifications. Even selecting from available options does not count as customised.

Furthermore, even for customised orders, if they fail to perform their obligations within 30 days (or within the timeframe agreed at the time of entering into the contract) the effect of non-performance is to treat the contract as if it had not been made.

DSRs do apply to customised items, just the unconditional right to cancel does not (doesnt mean you cant cancel under any circumstances though).

Fair_is_fair

Hey all,

Thanks for the advice folks. I guess I could understand that I may have to wait for a refund on goods that I was actually in possession of that had to be collected and returned etc but to expect to have to wait 2 weeks (let alone 30 days), for a refund on goods that I have never actually taken delivery of seems a little strange to me?

I have had the stools for about 2 weeks but whats stopping them from refunding me the value of the sofas and then refunding me the value of the foot stools when they've been collected and processed?

Its really frustrating for me as I paid upfront for these sofas and then had to wait over 2 months for delivery but it costs me to wait in for deliveries and they've let me down badly twice already now. I get the impression the folks at Arrow XL really just couldn't give a heap about how much inconvenience this has caused me.

Jackie is right also in that unless they can collect the foot stools, I'm not likely to get a full refund and so I'm at a complete loss as to what I can do right now. Am currently toying with the idea of sticking the stools in the boot of my car and driving over to my nearest Asda Store to dump them off and demand a full refund while I wait in the store. Maybe they'll be a little more accommodating when the queue at their CS desk starts building up???