ASDA online overcharge on the day of delivery

Rich400

Has anyone else been overcharged by ASDA when they actually deliver their groceries? I have, and even making them aware of it does not get a refund.
The stock reply I get is that it says in their terms and conditions that they are allowed to charge you whatever price they choose on the day, so you are not entitled to a refund.
This is despite receiving a email from them confirming the price and agreeing the delivery time (this should be regarded as a written contract).
The last order i made (last night at 11:35) had this issue where i ordered m&m's at 98pence each only to be charged £2.09. I ordered 4 of these which was agreed by email at £3.92 and I was actually charged £8.36.

It was delivered less than 9 hours after the order but overcharged massively. This really is the last straw with ASDA as over the years I have made countless calls to them regarding this issue, and must be out of pocket by £100's.
I can understand a mistake but when you make them aware and they still do not do anything about it, their honesty as a firm is thrown out of the window. I even asked them to come and collect the groceries, and they refused to do that also. Please comment if this has happened to you.
Richard

sarah1972

Rich400 wrote: »

Has anyone else been overcharged by ASDA when they actually deliver their groceries? I have, and even making them aware of it does not get a refund.
The stock reply I get is that it says in their terms and conditions that they are allowed to charge you whatever price they choose on the day, so you are not entitled to a refund.
This is despite receiving a email from them confirming the price and agreeing the delivery time (this should be regarded as a written contract).
The last order i made (last night at 11:35) had this issue where i ordered m&m's at 98pence each only to be charged £2.09. I ordered 4 of these which was agreed by email at £3.92 and I was actually charged £8.36.

It was delivered less than 9 hours after the order but overcharged massively. This really is the last straw with ASDA as over the years I have made countless calls to them regarding this issue, and must be out of pocket by £100's.
I can understand a mistake but when you make them aware and they still do not do anything about it, their honesty as a firm is thrown out of the window. I even asked them to come and collect the groceries, and they refused to do that also. Please comment if this has happened to you.
Richard

All supermarkets clearly state that you pay the price on the day that it is picked so thats right that you are not entitled to a refund.

Tesco:
http://www.tesco.com/termsandconditions/termsconditionsGroc.htm
Please note that the prices on our Grocery website are guide prices only. The actual price you pay will be the price charged in store at the time your order is picked for delivery. The actual order value cannot be determined until the day of delivery because the prices stated on the website may vary either above or below the prices in store on the day your order is picked and delivered.

Sainsburys:
http://www.sainsburys.co.uk/sol/iw_container_page.jsp?pageRef=sites/www/site_furniture/terms_and_conditions/Buying_Online_TC.page#section12The prices shown on this Website at the time of ordering are guide prices. They are the in-store selling prices that day at the store at which your goods will be selected. The prices you will be charged for goods will be the actual prices displayed in that store on the day of delivery, including any promotional offers if applicable. You accept that prices of goods may, therefore, increase or decrease between the day of ordering and the day of delivery.

Rich400

Hi thanks for your comment, are you saying that they are able to overturn the agreed written order, which in UK law is regarded as a binding contract? I am aware that the supermarkets state this, but what I am saying that overcharging by over 200% or indeed reserving the right to charge whatever they like AFTER you have agreed the order price with them, is not only trying to litigate over UK law but down right dishonest.

sarah1972

Rich400 wrote: »

Hi thanks for your comment, are you saying that they are able to overturn the agreed written order, which in UK law is regarded as a binding contract? I am aware that the supermarkets state this, but what I am saying that overcharging by over 200% or indeed reserving the right to charge whatever they like AFTER you have agreed the order price with them, is not only trying to litigate over UK law but down right dishonest.

There is absolutely no dishonesty at all.

You are agreeing to the stores t&c's so of course they can do that.

It does state on your email confirmation at the bottom:

*Please note: all prices are Guide Prices only and offers are subject to change.
You will be charged the price of the items on the day they are picked.

They are not overcharging you, they are charging you the price when the items are picked which is correct!

Would you be so upset if it worked out the other way for you?
I have had various shops deliver to me and it worked in my favour, especially Asda because they price match all subs which I along with others have had some serious money saving from.

Rich400

Hi, with respect thats dishonest.
And no i would not call them up after it had gone down and offer to pay them an additional fee it it went up, as that was not the price I agreed with them!
To clarify if there is a law in this country, you cannot write in your terms and conditions that if you sign up to something, you forgo those rights!
Take another scenario, you order £100 of bricks from your local merchant for delivery the next day. They have the same ASDA clause in their T&C's, and when you order they do not say that the price you agreed will be doubled when they are delivered. They are delivered, and they charge you £210. That is clearly dishonest, and contradicts UK law, especially if they sent you a written estimate.
You may be the sort of person that would accept that, but I don't believe the majority of people i know would.
I am glad you are engaging with this conversation as ASDA's behaviour in this issue needs to be discussed so everyone knows what they are up to.

sarah1972

Rich400 wrote: »

Hi, with respect thats dishonest.
And no i would not call them up after it had gone down and offer to pay them an additional fee it it went up, as that was not the price I agreed with them!
To clarify if there is a law in this country, you cannot write in your terms and conditions that if you sign up to something, you forgo those rights!
Take another scenario, you order £100 of bricks from your local merchant for delivery the next day. They have the same ASDA clause in their T&C's, and when you order they do not say that the price you agreed will be doubled when they are delivered. They are delivered, and they charge you £210. That is clearly dishonest, and contradicts UK law, especially if they sent you a written estimate.
You may be the sort of person that would accept that, but I don't believe the majority of people i know would.
I am glad you are engaging with this conversation as ASDA's behaviour in this issue needs to be discussed so everyone knows what they are up to.

This has been posted numerous times with the same conclusion.

If you don't accept those terms then the only way to get over it is to never order your groceries online.

To answer you question about the bricks, if I had accepted the t&c's of the company and it stated that the price could change on the day of delivery then I would have no option other than either accept it or give it back to the driver which is the same as Asda.

Rich400

I'm afraid everyone has the right to enter into a contract with whoever they want, providing the vendor agrees to sell. What they are not allowed to do is bypass UK law, period.
I am surprised you would accept the delivery of bricks, and to be honest, if it actually happened to you, I don't really believe you WOULD accept it, no more than i would!
It is unfair, dishonest and unlawful.
I cannot understand why people accept this as you have to ask yourself, does ASDA have the technical know how, that when you order from their website to alert you to this when you make the order?
Of course they do.
They choose to continue overcharging, as it makes more money for them.
Over to you.

sarah1972

Rich400 wrote: »

I'm afraid everyone has the right to enter into a contract with whoever they want, providing the vendor agrees to sell. What they are not allowed to do is bypass UK law, period.
I am surprised you would accept the delivery of bricks, and to be honest, if it actually happened to you, I don't really believe you WOULD accept it, no more than i would!
It is unfair, dishonest and unlawful.
I cannot understand why people accept this as you have to ask yourself, does ASDA have the technical know how, that when you order from their website to alert you to this when you make the order?
Of course they do.
They choose to continue overcharging, as it makes more money for them.
Over to you.

You could of given them back to the driver as I stated above.

If you feel that Asda have broken the law then sue them along with all the other supermarkets that work this way and have done for many years with millions of customers who are happy to accept the t&c's.

At least Asda price match any subs which Sainsburys do not.

Anyway, you feel that you have been duped and that is your right, come back and post an update if you successfully sue them and manage to get them to change the t&c's in the future please.

Rich400

The reality of this situation, is that the overworked delivery driver, is standing there in the pouring rain, late for his next ten deliveries, and you want to check every item and sustitute in the order?

Of course you can scan over it and pick out anything obvious but it is unreasonable on the delivery driver to keep him there for ten minutes while you get the calculator out.

Most reasonable people feel sympathy for the driver and scan and sign.
ASDA play on this. And to hark back to the brick delivery, most times they are delivered when you are not there, and hence unable to reject in this way.

To respond to your comment on me taking ASDA to court, of course this is unreasonable. And again thats why these forums are here, to rally opinion, and publicise and debate wrong doings.
Most people are not bothered to take a multi-national to court over being charged for some M&M's and thats why it continues.
ASDA now no one is going to do this and this corrupt and illegal practice continues.

sarah1972

Rich400 wrote: »

The reality of this situation, is that the overworked delivery driver, is standing there in the pouring rain, late for his next ten deliveries, and you want to check every item and sustitute in the order?

Of course you can scan over it and pick out anything obvious but it is unreasonable on the delivery driver to keep him there for ten minutes while you get the calculator out.

Most reasonable people feel sympathy for the driver and scan and sign.
ASDA play on this. And to hark back to the brick delivery, most times they are delivered when you are not there, and hence unable to reject in this way.

To respond to your comment on me taking ASDA to court, of course this is unreasonable. And again thats why these forums are here, to rally opinion, and publicise and debate wrong doings.
Most people are not bothered to take a multi-national to court over being charged for some M&M's and thats why it continues.
ASDA now no one is going to do this and this corrupt and illegal practice continues.

As I stated before, its not only Asda, Sainsburys, Tesco etc are all the same and have been debated numerous times on here for your exact point.

The end result is, you accepted the t&c's so thats it.

Enjoy your next online shopping experience, I hope it works in your favour next time which it very often does for me.

Last week I ordered a 2 kilo joint of Beef from Asda and it was subbed for a 3.2 kilo joint and price matched! 2 Bottles of £4.99 wine were also subbed for 2 £9.99 bottles and price match.

Rich400

With respect "you accepted the t&c's so thats it" is no argument against breaking the law. Try the Citizens advice they will be able to clarify the law fully to you.
I am glad you benefited from ASDA's 'generosity' i doubt if an elderly person without the extra money in reserve you have would welcome an additional 200% levied against any item on their shopping list, when they have budgeted carefully with their pension.
I believe these people want to trust these big supermarkets. And just accept the extra hardship it will undoubtedly be placing on them.
Thats exactly why multi-nationals like ASDA have a responsibility to charge fairly, and not try to circumvent UK law with wooly and unlawful T&C's.