Asda complaint

Bigfra46

Hi recently put through online order at Asda. Order paid for and arrived with bottle of jack daniels gentleman jack missing. I requested refund, this was received. But as item was a present  I had to get taxi to Tesco and back to purchase the missing item. Cost about £14 in taxis. Asda says as I have received refund claim is closed.

powerful_Rogue

Bigfra46 said:

Hi recently put through online order at Asda. Order paid for and arrived with bottle of jack daniels gentleman jack missing. I requested refund, this was received. But as item was a present  I had to get taxi to Tesco and back to purchase the missing item. Cost about £14 in taxis. Asda says as I have received refund claim is closed.

They're right.

photome

Bigfra46 said:

Hi recently put through online order at Asda. Order paid for and arrived with bottle of jack daniels gentleman jack missing. I requested refund, this was received. But as item was a present  I had to get taxi to Tesco and back to purchase the missing item. Cost about £14 in taxis. Asda says as I have received refund claim is closed.

Are you honestly expecting Asda to pay for a taxi to get you to Tesco and back ? 

saajan_12

The way these online grocery T&Cs are set up, they don't guarantee to have everything in stock that you can click on teh website. So you didn't have a contract to supply the JD bottle. Instead you requested a bunch of items and they only accepted the ones that they could deliver, so they corrected the payment to exclude those that they couldnt' supply. 

So you're essentially in the position you were in before placing the order. If the JD bottle was unavailable on the Asda website, you still would have had to travel to a store, or whatever alternatives. 

the_lunatic_is_in_my_head

Well you could claim foreseeable damages due to breach of contract but taking a taxi might be viewed as not mitigating your loses, in any event I’m sure Asda customer service is overseas and arguing the finer points of contract law is likely to be fruitless so probably one of those to chalk up to a bad experience  

elsien

Just to give an idea of timescales,I’m still waiting the response to an Asda complaint I put in September.

TELLIT01

The only liability ASDA had was to return you to the financial position you were in prior to purchase i.e. refund the cost.  That they presumably did.

powerful_Rogue

the_lunatic_is_in_my_head said:

Well you could claim foreseeable damages due to breach of contract but taking a taxi might be viewed as not mitigating your loses, in any event I’m sure Asda customer service is overseas and arguing the finer points of contract law is likely to be fruitless so probably one of those to chalk up to a bad experience  

Could you really argue breach of contract when they don't guarantee items will be instock when the pick them?

Desmond_Hume

elsien said:

Just to give an idea of timescales,I’m still waiting the response to an Asda complaint I put in September.

If your complaint is similar to this one, they’ve probably not stopped laughing yet. Give ‘em a few more weeks. 

the_lunatic_is_in_my_head

powerful_Rogue said:

the_lunatic_is_in_my_head said:

Well you could claim foreseeable damages due to breach of contract but taking a taxi might be viewed as not mitigating your loses, in any event I’m sure Asda customer service is overseas and arguing the finer points of contract law is likely to be fruitless so probably one of those to chalk up to a bad experience  

Could you really argue breach of contract when they don't guarantee items will be instock when the pick them?

It's an interesting question, they say acceptance occurs upon delivery so they if they said sorry we can't find the bottle so we aren't delivering any shopping and as such there isn't a contract that would be fine (equally you could refuse delivery, without reason, it's just withdrawing the offer)

I believe they send you a breakdown of what the shopping is noting substitutions and OOS which would outline the contract.

I guess if you or the driver noticed that can be an agreed change to the offer but if neither notice then I think it's a breach of contract. 

Obviously rather convoluted over something trivial  

As an aside recently we had a Morrisons delivery and a bottle of Jim Beam was missing, didn't notice until the next morning, I was more concerned about the thought of being erroneously viewed as dishonest more than anything else, but even with supermarkets be particularly far away from us it was possible to replace it without a taxi