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ASOS Marketplace Terms & Conditions (Boutiques)

The legal bits...

We’re ASOS Marketplace Limited (company number 07289272), a company registered in England and Wales. Our HQ is at Greater London House, Hampstead Road, London NW1 7FB.

These terms apply when you list items for sale on ASOS Marketplace (https://marketplace.asos.com/) or access our services and websites (our ‘Website(s)’). They’re important for both of us as they set out what we expect from each other, and they also give you helpful info. Of course, if you need anything else, please get in touch with the team on sell@asos.com!

We keep these terms and any related documents or policies updated and we amend them every so often, so remember to regularly check back as the latest set will apply. In the event of a significant change to one or more of the clauses in these terms, we will notify you of the change in advance by giving you at least 30 days’ notice, including your right to terminate your account with ASOS Marketplace if you disagree with the revised terms. If you do not terminate your account with ASOS Marketplace before the date the revised terms become effective, your continued access to or use of the ASOS Marketplace Website will constitute acceptance of the revised terms. We recommend you print a copy of the terms to keep for your own reference.

Setting up an ASOS Marketplace Boutique

For details on opening an ASOS Marketplace Boutique (a ‘Boutique’) please click here. You may close your Boutique at any time.

You may not transfer or sell your Boutique account or User ID to another party. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to these terms.

By setting up a Boutique you must:

You are responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality!

ASOS Marketplace reserves the right to refuse service to anyone, including restricting, suspending or terminating Boutiques that breach these terms or its Code of Conduct.

Selling on ASOS Marketplace

By listing an item for sale on your Boutique, you confirm that the item complies with the Code of Conduct and that you have the right to sell the item.

The price stated in each item listing description must be an accurate representation of the sale. Boutiques may charge reasonable shipping and handling fees to cover the costs for packaging and posting the items, however Boutiques may not charge excessive shipping fees or otherwise avoid fees.

All sales are final and binding. The Boutique is responsible for shipping up to the point of delivery or otherwise completing the transaction with the buyer within 20 days of the order being placed, unless the following exceptional circumstances apply:

You may issue promotional codes for your Boutique or include certain selected items in your Boutique for promotional purposes only. Promotional codes have no cash value and cannot be exchanged for money or credit.

Please note, ASOS Marketplace does not support the drop shipping business model. If a Boutique is thought to be running their business as a drop shipper, then we may remove that Boutique from the Website without notice or prior warning.

The placement of products for sale via Boutiques in ASOS Marketplace’s search results may vary and depends on a variety of factors including search parameters and preferences. For further information into rankings, please see the ‘Our Marketing Channels’ guide provided to you when you open an account.

ASOS Marketplace’s fees and features

Further information as to the fees charged for Boutiques can be found here (the ‘Fees’). Unless otherwise stated, all Fees are quoted in UK Pounds (GBP). If Fees are due, we will invoice the Boutique for the amount due that month, which will be taken automatically by ASOS Marketplace from the boutique’s registered PayPal account 2 working days later.

All Fees are inclusive of UK VAT where applicable. In certain circumstances Fees will not be subject to UK VAT but may be subject to taxes under a different jurisdiction. ASOS Marketplace recommends that you research whether you are liable to declare such taxes to the relevant tax authorities. A valid VAT identification number is required from EU boutiques who are VAT-registered. EU boutiques are liable to notify ASOS Marketplace of any change in VAT status.

It is your responsibility to ensure that your Boutique stays up to date with all Fees owed to ASOS Marketplace, or your account may be suspended until all outstanding Fees are paid in full. Please note that, if your Boutique’s product count falls to zero, the Boutique will no longer show on the Website, but the monthly Boutique Fee will still be debited from the boutique owner’s PayPal / Stripe account until the account has been officially closed.

ASOS Marketplace may decrease the Fees charged at any time in its sole discretion, however we will give you at least 30 days' notice of any Fee increases. ASOS Marketplace may, at its sole discretion, change some or all of ASOS Marketplace's services or features (‘Features”) at any time, however you will receive at least 30 days’ written notice of any material changes to the Features, if any such changes require a significant adjustment to the way you use ASOS Marketplace.

If ASOS Marketplace suspends or terminates a listing or your account, if you close your account for any reason, or if the payment of Fees due cannot be completed for any reason, all unpaid Fees for the Boutique will still be payable, all outstanding orders need to be fulfilled and ASOS Marketplace may also apply penalties such as the suspension of privileges, interest and/or legal action.

If you have any questions about Fees, please contact ASOS Marketplace at sell@asos.com.

Brexit Transition: New rules for 2021 in relation to VAT on overseas goods sold to customers in Great Britain using online marketplaces. From 1st January 2021, there will be changes to the way that UK VAT is collected at the point of sale on certain marketplace sales. From 1st January 2021 ASOS Marketplace will be responsible for collecting VAT on the sale of goods from overseas into Great Britain if the total value of the consignment is £135 or less. You will be responsible for calculating the value of the goods that are outside of Great Britain at the point of sale to a customer in Great Britain. We will update these terms in due course from the point that ASOS will require you to charge and account to ASOS Marketplace for the UK VAT and we will provide you with 30 days’ notice of such change to the terms. For full details of the UK Government guidance please refer to: https://www.gov.uk/guidance/vat-and-overseas-goods-sold-to-customers-in-great-britain-using-online-marketplaces-from-1-january-2021.

ASOS’ Intellectual Property

ASOS Marketplace, and any other ASOS graphics, logos, designs, page headers, button icons, scripts, and service names are trademarks or trade dress of ASOS PLC and its subsidiaries.

You may use the “Find me on ASOS Marketplace” badge to advertise and promote your listings, however ASOS Marketplace reserves the right to ask a Boutique to remove this badge in its sole discretion if it considers the use to be unreasonable or detrimental to ASOS Marketplace.

ASOS Marketplace considers any unsolicited suggestions, ideas, proposals or other material submitted to it by users via the Website or otherwise (other than the Content posted by you (as set out below) and the tangible items sold on the Website by boutiques) (collectively, the "Material") to be non-confidential and non-proprietary, and ASOS Marketplace shall not be liable for the disclosure or use of such Material. If, at ASOS Marketplace's request, you send Material to improve the Website (for example to customer support), ASOS Marketplace will also consider that Material to be non-confidential and non-proprietary and ASOS Marketplace will not be liable for use or disclosure of the Material. Any communication by you to ASOS Marketplace is subject to these terms.

Your Intellectual Property

You hereby grant ASOS Marketplace a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable right to exercise the copyright, publicity, database rights and all other intellectual property rights you have in any logos, trade marks, brand names, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you on ASOS Marketplace (“Content”), in any media now known or not currently known. You agree to allow ASOS Marketplace to store or re-format your Content on ASOS Marketplace and display your Content on ASOS, ASOS Marketplace, third party comparison sites and digital advertising (including but not limited to use on ASOS Marketplace approved third party affiliate and/or partner websites and retargeting creative and smart display advertising and/or in web banner creative displayed on websites across the internet) in any way as ASOS Marketplace chooses, acting reasonably.

You also grant and agree to grant ASOS Marketplace, under all of your rights in the Material, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sublicensable and transferable right and license to incorporate, use, publish and exploit such Material on ASOS, ASOS Marketplace, third party comparison sites and digital advertising (including but not limited to use on ASOS Marketplace approved third party affiliate and/or partner websites and retargeting creative and smart display advertising and/or in web banner creative displayed on websites across the internet for any purpose whatsoever, commercial or otherwise, including but not limited to incorporating it in the systems, documentation, or any product or service, without compensation or accounting to you and without further recourse by you.

In addition, you waive all moral rights you have in the Content and the Material to the fullest extent permitted by law.

By uploading Content to ASOS Marketplace you promise that you own and/or have the right to use such Content and that the Content does not infringe any third-party intellectual property rights. If ASOS Marketplace receives a complaint in respect of any Content posted by you, it shall be your sole responsibility to deal with such a complaint and to compensate ASOS Marketplace for any loss suffered. ASOS Marketplace reserves the right to remove any such Content immediately upon receipt of a complaint.

By posting Content on ASOS Marketplace, it is possible for an outside website or a third party to re-post that Content. You agree to hold ASOS Marketplace harmless for any dispute concerning this use. If you choose to display your own ASOS Marketplace-hosted image on another website, the image must provide a link back to its listing page on ASOS Marketplace.

Code of Conduct

When you set up a Boutique you agree to comply with the terms, all applicable local laws regarding online conduct and this Code of Conduct which includes the following ASOS Marketplace policies which may be updated from time to time:

You are solely responsible for your conduct and activities on your Boutique. Your Boutique and your use of ASOS Marketplace must not:

We know it’s obvious, but you must not misuse or tamper with our Website or other services (e.g. hack, introduce viruses, trojans, worms, logic bombs or other technologically harmful material or carry out denial of service attacks etc) or otherwise mess with our tech or functionality or steal our or our customers’ data. Doing any of these things may be a criminal offence, but they also get in the way of us giving our loyal ASOS customers the best service, so we take them really seriously. ASOS will report any such breach or activity (and all information about the people carrying it out) to the relevant law enforcement authorities.

We recommend you use virus protection software when using any website, including ours. Although we have a dedicated team who work hard to stop people messing with our Website, we can’t guarantee that it will always be secure from bugs, viruses or troublemakers.

Oh, and you’re not allowed to use automated systems or software to extract data from our Website (AKA 'screen scraping').

Troublemakers take note: you agree to indemnify, defend and hold harmless ASOS, its directors, officers, employees, consultants, agents, and affiliates, from any and all third-party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use (or misuse) of this Website or your breach of the Terms and Conditions.

Linking to this Website

It’s fine for you to link to marketplace.asos.com, as long as you do so in a way that is not commercial, is fair and legal, and doesn’t damage or take advantage of our reputation.

Please don’t link in a way that suggests any form of approval or endorsement by ASOS where none exists.

Our Website must not be framed on any other site without our permission.

Interactions with customers & other boutiques

You are solely responsible for how you interact with other users (whether customers or other boutique owners (“Users”)) on the Website. You understand that ASOS Marketplace does not in any way screen its Users and all Users agree to exercise caution and good judgment in all interactions with others.

Without limiting any other remedies, ASOS Marketplace may, without notice, and without refunding any fees, delay or immediately remove Content, warn ASOS Marketplace's community of a User's actions, issue a warning to a User, temporarily suspend a Boutique, temporarily or indefinitely suspend a User's account privileges, terminate a User's account, prohibit access to the Website, and take technical and legal steps to keep a user off the Website and refuse to provide services to a User if any of the following apply:

Messaging is your way to communicate privately with other Users. Messages are primarily intended for communicating about transactions and orders that are underway. You must not:

Please note: as an anti-spam measure, sending too many messages too quickly may auto-disable your account. Please contact the Marketplace Team who will review account activity and enable your account if spam-free.

Your Information

Except as detailed below, ASOS Marketplace will only use personal information in accordance with the ASOS Privacy Notice.

How we use the Personal Details you provide when your register your Boutique.

This information includes your Boutique name, Boutique contact number, other website links and/or store names that you sell on, your social media accounts, and your Boutique background information.

What we do Why we do it Why we need to do it (the legal stuff!)
Identify you when you visit our website or contact us Checking your identity helps us to keep your information safe from fraudsters Legally, we have to do this and it is also important for us
Manage your ASOS Marketplace Boutique account in accordance with our Marketplace Terms and Conditions We may need to contact you about your account and we will need to respond to you when you contact us Legally, we have to do this, it’s an important part of our contract commitment to you.
Send you account and service updates, such as updates to our Marketplace Terms and Conditions To keep you informed of any changes to ASOS Marketplace services Legally, we have to do this, it’s an important part of our contract commitment to you.
Manage your participation in any Marketplace promotions To ensure you receive the services you have asked for We will treat this as an important contract commitment to you if you choose to participate

Your rights in relation to your personal information and details of the information we share with third parties are listed in the ASOS Privacy Notice.

As part of a transaction, you may obtain personal information, including email addresses and shipping information, from a User. Without obtaining prior permission from the User, this personal information shall only be used for that transaction or for ASOS Marketplace-related communications regarding the transaction. Without obtaining consent from the User, you shall not add the User to your marketing or mailing list.

ASOS Marketplace Disputes

In the event that a Boutique wishes to make a complaint against ASOS Marketplace concerning the Website or the services provided by ASOS Marketplace, the Boutique owner can contact MPcomplaints@asos.com.

If ASOS Marketplace is unable to resolve your complaint to your satisfaction, you may refer your complaint to:

Any dispute arising from or relating to the subject matter of these terms shall be subject to the exclusive jurisdiction of the courts of England and Wales. Use of the Website is not authorised in any jurisdiction that does not give effect to all provisions of the Agreement, including without limitation, this section.

For transactions completed by PayPal, ASOS Marketplace will not make judgements regarding legal issues or claims, and all disputes related to financial transactions will ultimately be determined by PayPal.

For transactions completed by Stripe, ASOS Marketplace will not make judgements regarding legal issues or claims. ASOS Marketplace will only intervene when a boutique does not resolve a financial transaction which they are rightfully obliged to, in line with these terms and conditions.

Liability limit

You will not hold ASOS Marketplace responsible for any loss you may incur as a result of ASOS Marketplace taking any of the actions described in the Terms of Use, Privacy Policy or Intellectual Property Policy above nor for other Users' actions or inactions, including, without limitation, things they post, items they list or their destruction of allegedly fake items.

Should you have a dispute with one or more Users, or an outside party, you release ASOS Marketplace (and its officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

In no event shall ASOS Marketplace, and (as applicable) its officers, directors, employees or suppliers be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Website, ASOS Marketplace’s services, or these terms, including without limitation, lost profits, emotional distress, or any special, incidental or consequential damages.

ASOS Marketplace’s liability, and (as applicable) the liability of ASOS Marketplace’s officers, directors, employees, and suppliers, to you or any third parties in any circumstance is limited to the greater of (a) the amount of fees you pay to ASOS Marketplace in the 12 months prior to the action giving rise to liability, or (b) £100.

Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.

Nothing in these terms shall limit or exclude our liability for fraudulent misrepresentation, for death or personal injury resulting from our negligence or the negligence of our agents or employees or for any other liability that cannot be limited or excluded by law.

Indemnity

You agree to indemnify and hold ASOS Marketplace and (as applicable) ASOS Marketplace’s parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of these terms or the documents it incorporates by reference, or your breach of any law or the rights of a third party.

Legal stuff

By using ASOS Marketplace, you agree that sales of items are made directly by you to the ASOS Marketplace customer (the “Customer”) and the contract for sale of an item is between you and the Customer.

By using ASOS Marketplace, you agree to comply with all applicable domestic and international laws and regulations regarding your use of the Website and any of the Website’s Features including the listing and sale of items via a Boutique.

You are responsible for compliance with all laws, regulatory guidance and codes of conduct applicable to the sale of an item, both in the Customer’s location and in your location, including, for the avoidance of doubt, those contained in Directive (EU) 2019/2161 (the “Omnibus Directive”) (“Applicable Law”). It is a material breach of these Terms if you do not comply with Applicable Law.

These terms and our dealings with you are subject to the laws of England and Wales and the exclusive jurisdiction of the courts of England and Wales.

When you offer and sell items via ASOS Marketplace, you must comply with all refund, replacement or cancellation rights that a Customer may have under Applicable Law.

Representation and Warranties

By entering into these Terms You represent and warrant to ASOS Marketplace that:

• You are a business, duly registered and of good standing under the laws of the jurisdiction where you are established and you will provide statutory consumer rights to your Customers on the basis of your status as such;

• You have the authority and rights to enter into these Terms and perform the obligations placed on you under these Terms;

• all product listing and pricing information provided by you complies with Applicable Laws; and

• You will comply with Applicable Law including but not limited to the Omnibus Directive.

What Happens if You Breach These Terms?

If ASOS Marketplace knows or reasonably suspects that you are in breach of these Terms, ASOS Marketplace may take corrective measure(s), including:

• temporarily suspending your ability to list items for sale via ASOS Marketplace;

• temporarily suspending your access to ASOS Marketplace; and/or

• in serious cases which may be determined at ASOS Marketplace’s sole discretion, terminating these Terms and your access to the ASOS Marketplace.

ASOS Marketplace's Rights to Restrict or Suspend Your Access to ASOS Marketplace

ASOS Marketplace may suspend or restrict your access to ASOS Marketplace immediately if:

• you are in material breach of these Terms;

• ASOS Marketplace has reason to believe that you have used ASOS Marketplace for fraudulent or illegal activity;

• your use of ASOS Marketplace is at risk of harming Customers, or ASOS and its brand reputation or legitimate interests;

• ASOS Marketplace is subject to a legal or regulatory obligation which requires it to suspend or restrict your access to ASOS Marketplace; or

• ASOS Marketplace has received an unreasonable number of Customer complaints in relation to your items or activity on ASOS Marketplace.

Any suspension or restriction will remain in place at ASOS Marketplace’s sole discretion. You will be required to provide confirmation that you have remedied the breach and/or evidence that the activity or harm described is not or is no longer a threat.

Price of Products and Delivery

You are solely responsible for, and have full control over, the price of items listed and sold via ASOS Marketplace, which you upload through the ASOS Marketplace back office system made available to you.

Promotions

ASOS Marketplace may advise you from time to time of any promotions it intends to run via ASOS Marketplace and offer you the opportunity to also participate in such promotions by having such promotions applying to your items. You are not obliged to participate in any promotions and any such participation will be subject to your agreement.

If you do agree, you agree you will comply with the relevant requirements and rules for the promotion as specified by ASOS Marketplace.

ASOS Marketplace Terms & Conditions (Customers)

The legal bits…

We’re ASOS Marketplace Limited (company number 07289272), a company registered in England and Wales. Our HQ is at Greater London House, Hampstead Road, London NW1 7FB.

When you shop with us on ASOS Marketplace (https://marketplace.asos.com/) (or access our services, apps and websites (our “Websites”)), these terms and ASOS’s general terms and conditions apply. They’re important for both of us as they set out what we expect from each other, and they also give you helpful info. You can also find out more on our Help pages (which also form part of these terms).

We keep these terms and Help pages updated and may amend them every so often, so remember to check back in before you shop.

About You

To shop with us, you need to:

Just FYI, some of the goods sold through our Websites may not be suitable for under 18s.

The boring stuff – your Boutique contract

ASOS allows third party sellers (our Boutiques) to list and sell their products on ASOS Marketplace. In each case this is indicated on the respective product page. While ASOS Marketplace (as a service provider) helps facilitate transactions that are carried out on ASOS Marketplace, ASOS Marketplace is neither the buyer nor the seller of the items for sale on ASOS Marketplace. When you buy an item on ASOS Marketplace, you enter into a contract with the Boutique – they are solely responsible for providing you with your items and any issues or complaints you may have in respect of the items. . ASOS Marketplace is not a party to this contract nor assumes any responsibility arising out of or in connection with it nor is it the agent of any Boutique. That said, ASOS Marketplace wants to make sure you have a positive buying experience and will assist you in resolving any disputes that arise between you and a Boutique. For details of how you can access this help, please see the ‘Feedback, Interactions with Boutiques, Complaints or need to speak to us?’ section below.

Placing an Order

When you place an order on ASOS Marketplace you should receive an acknowledgement e-mail confirming receipt of your order. All orders are subject to availability and confirmation of the order price.

You may be able to cancel an order within a short period of ordering, depending on your chosen delivery method and whether the Boutique has already shipped the item. Most Boutiques will not be able to change your order – you’ll need to cancel (and/or return original item(s)), and re-order.

Very occasionally, a Boutique may need to refuse or cancel an order even if it has previously confirmed your order – e.g. if they notice something unusual on an order. If this happens to you and you think they’ve made a mistake, please don’t take offence – get in touch with the Boutique and they’ll be happy to speak to you about it.

ASOS Marketplace may, very occasionally, need to close or freeze an account if we notice something unusual on an order or an account.

Prices and Product Descriptions

The price and product descriptions for items available on ASOS Marketplace are the sole responsibility of the Boutique owners. ASOS has no liability to you for any items which are incorrectly priced or described. Prices include VAT (where applicable).

All transactions on ASOS Marketplace are paid in GBP and can be paid via PayPal or Stripe (credit/debit card payments). We provide a currency converter tool to allow you to see an approximate cost in selected currencies. The currency data is regularly updated from multiple sources to create one guideline rate. This guidance rate may differ to that offered by PayPal or your card provider. The correct billing amount in GBP will always be displayed before you enter your payment details.

Please contact the Boutique owner if you have any questions about an item available for sale on Marketplace.

ASOS gift cards and gift vouchers cannot be used to purchase goods on ASOS Marketplace.

Delivery

Before you finalise your order, you’ll be given various shipping options to choose from with estimated delivery time and dates depending on the delivery address and the methods of shipping the Boutique has decided to offer. If a certain shipping method is not available, you should contact the Boutique and ask if they would be prepared to offer the alternative shipping method and add it to their listing.

Unfortunately, you cannot use ASOS' Premier Delivery service on ASOS Marketplace.

Delivery timeframes can vary based on the delivery method that the Boutique has provided or that you have chosen, as well as where the item is being delivered from or to. A number of Boutiques offer free UK delivery – just refine by "Free Delivery" on your favourite category pages. If you want more information, please contact the Boutique by clicking on the envelope icon on their store front or on any of their items for sale.

Overseas buyers may be subject to import duties and taxes, which are levied once the package reaches your country. Any additional charges for customs clearance must be covered by you; we have no control over these charges and can’t predict what they may be. Customs policies vary widely from country to country, so you should contact your local customs office for further information. Additionally, please note that when ordering from a Boutique at ASOS Marketplace, you are considered the importer of the item and must comply with all laws and regulations of the country in which you are receiving the goods.

If an item hasn’t been delivered within the estimated delivery timeframes, please see the ‘Feedback, Interactions with Boutiques, Complaints or need to speak to us?’ section below.

Returns and Refunds

We get it, sometimes something just doesn’t work for you and you want your money back. As long as the item is unworn and still in the condition in which it was received, Marketplace customers are entitled to receive from the Boutique a full refund by way of the original payment method if you return an item requesting a refund within 28 days of the item being delivered to you or available for collection. Exchanges are also permitted by some Boutiques – please contact the relevant Boutique if you wish for an exchange rather than a refund.

To request a refund, select the item from the Orders section of your Account and use the drop down available to select ‘Request Refund’. The Boutique will then provide you instructions on how to return your item and (subject to our fair use policy) they will process your refund to your original payment method once they have received the item. Please note, a Boutique may refuse to cancel an order or accept an exchange or return if an item has been used, opened or unsealed, or been made according to your precise measurements (i.e. made-to-measure) or has been customised or personalised at your request. Boutiques are unable to accept returns without original packaging or labels. Where products are sealed for health protection or hygiene purposes, A Boutique will not be able to accept a return once the product has been unsealed.

If you do not receive a satisfactory outcome from the Boutique, ASOS Marketplace will assist in resolving the issue. Please see the ‘Feedback, Interactions with Boutiques, Complaints or need to speak to us?’ section below.

You may also use the withdrawal form to let the Boutique know if you wish to cancel your contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (the “CCRs”). Cancellations received under the CCRs must be made within 14 days of receiving the item and sent to cancellations@asosmarketplace.com. If you cancel your contract under the CCRs, any standard shipping charges that you have paid to receive your purchase will be included as part of your refund.

If you have received a faulty or incorrect item, please contact the Boutique in order to resolve the issue, providing a detailed description of the fault together with photographic evidence.

Return postage is your responsibility unless the item is incorrect or faulty, in which case the Boutique will refund the return postage. Please do not send returns to ASOS or use ASOS.com's freepost label. Marketplace cannot recover items incorrectly sent to ASOS.com.

Fair Use Policy

ASOS Marketplace follows a fair use policy for returns – items being returned must be unworn and in the condition in which it was received save for your right to inspect the goods and try on the garments. It is your responsibility to ensure that you package the returned goods adequately so that it arrives back to the Boutique undamaged. If you have any further questions on returns, refunds or cancellations please contact the Boutique.

Promo Codes and Student Discount

We do not offer student discount on items purchased via ASOS Marketplace, however boutiques have the option to set up promotion and discount codes so it is a good idea to keep an eye out for these. Each promo code will have its own terms which will be made clear at the time they are issued to you.

Your Information

For all ASOS services, including ASOS Marketplace, the data controller — the company that’s responsible for protecting your privacy— is ASOS.com Limited (ASOS).

ASOS use your personal information as described in the ASOS Privacy Notice . We do not sell your personal information and we will only share it with other companies as a part of being able to provide our services to you.

To use ASOS Marketplace, you’ll need to choose your nickname. We treat your nickname as a screen name and as part of your Personal Details. The table below shows how we use your nickname and why we do it.

What we do Why we do it Why we need to do it (the legal stuff!)
Identify you when you visit our website or contact us Checking your identity helps us to keep your information safe from fraudsters Legally, we have to do this and it is also important for us

Things you shouldn’t do…

We know it’s obvious, but you must not misuse or tamper with our Website or other services (e.g. hack, introduce viruses, trojans, worms, logic bombs or other technologically harmful material or carry out denial of service attacks etc) or otherwise mess with our tech or functionality or steal our or our customers’ data. Doing any of these things may be a criminal offence, but they also get in the way of us giving our loyal ASOS customers the best service, so we take them really seriously. ASOS Marketplace will report any such breach or activity (and all information about the people carrying it out) to the relevant law enforcement authorities. 

We recommend you use virus protection software when using any website, including ours. Although we have a dedicated team who work hard to stop people messing with our Website, we can’t guarantee that it will always be secure from bugs, viruses or trouble-makers.

Oh, and you’re not allowed to use automated systems or software to extract data from our Website (AKA 'screen scraping'). 

Troublemakers take note: you agree to indemnify, defend and hold harmless ASOS, its directors, officers, employees, consultants, agents, and affiliates, from any and all third-party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use (or misuse) of this Website or your breach of the Terms and Conditions.

Intellectual property, software and content

ASOS Marketplace owns or has permission to use the intellectual property rights in its Website and its content. These rights are protected around the world. All such rights are reserved.

You’re allowed to store, print and display our Website content only for your own personal use. You are not allowed to use any part of the Website for commercial purposes unless you have our express permission.

You’re also not allowed to use the ASOS logo or any ASOS brand or trade mark (or any marks which are colourably similar) without our express permission.

Linking to this Website

It’s fine for you to link to marketplace.asos.com, as long as you do so in a way that is not-commercial, is fair and legal, and doesn’t damage or take advantage of our reputation. 

Please don’t link in a way that suggests any form of approval or endorsement by ASOS where none exists. 

Our Website must not be framed on any other site without our permission.

Fashion not Fakes

ASOS Marketplace operates a zero tolerance policy towards the buying and selling of counterfeit goods. We just won’t stand for it, and you shouldn’t either. We have created the Fashion not Fakes campaign to make sure that every Marketplace member knows as much as they can to identify, report and prevent the buying of counterfeit goods.

Purchased an item you believe is counterfeit? You have the ability to report every Boutique on the site. Use your power! Even if you’re just suspicious, it’s better to speak up and alert ASOS Marketplace as we will investigate each claim. If you hit the report button on the product page you can send us a message highlighting your concerns. Take a look at our Fashion not Fakes policy.

Alternatively, mail us a link or a tip to fashionnotfakes@asos.com

Feedback, Interactions with Boutiques, Complaints or need to speak to us?

Once your item has been shipped a ‘Feedback required’ prompt will show up in the My Marketplace Dashboard area. Click through to leave either positive, neutral or negative feedback for the Boutique plus a comment. If you have left feedback incorrectly, or a Boutique has rectified a problem, you can change your feedback once by viewing the order details page or by visiting ‘Feedback’ in My Marketplace. Click on 'reconsidered' and change your feedback there. ASOS Marketplace reserves the right to remove incorrect or unjust feedback.

If you have a question for the Boutique or you have a problem with an order or return, please contact the relevant Boutique.

If you have contacted the Boutique and they have not responded to you within a reasonable time frame, or their response has not sufficiently resolved the issue in question then you can escalate the matter by emailing mpguarantee@asos.com where we will assist in resolving the issue including by raising a PayPal dispute.

If you have exhausted all methods of escalation you can raise a dispute with PayPal or raise a dispute/chargeback request with the issuing bank that you made the card transaction with. the card holder dispute or Stripe including PayPal disputes but the issue remains unresolved, please see our ASOS Marketplace Guarantee.

For transactions completed by Stripe or PayPal, ASOS Marketplace will not make judgements regarding legal issues or claims, and all disputes related to financial transactions will ultimately be determined by the payment provider.

For transactions completed by Stripe, ASOS Marketplace will not make judgements regarding legal issues or claims. ASOS Marketplace will only intervene when a boutique does not resolve a financial transaction which they are rightfully obliged to, in line with these terms and conditions.

Occasionally things do go wrong and you may want to get in touch with us. If that happens, please contact mpcomplaints@asos.com, who will work with you to resolve any issues you’re having with our services:

If we are unable to resolve your complaint to your satisfaction, you may refer your complaint to: 

The Retail ADR

Post: The Retail ADR,12-14 Walker Avenue, Stratford Office Village, Wolverton Mill, Milton Keynes, MK12 5TW (Tel: +44 20 3540 8063)

Email the Retail ADR at enquiries@cdrl.org.uk

or

The EU Online Dispute Resolution platform

Legal stuff

By using ASOS Marketplace, you agree to comply with all applicable domestic and international laws and regulations regarding your use of the Website. We have the right to amend, remove or vary our services and/or any part of the Website (including these terms) at any time.

These terms and our dealings with you are subject to the laws of England and Wales and the exclusive jurisdiction of the courts of England and Wales.

Monthly Active Recipients

Pursuant to the Digital Services Act, Article 24(2), our average monthly recipients are 33,831,151 for ASOS.com and ASOS Marketplace.