Terms & Conditions

FOR CUSTOMERS IN THE UNITED STATES THESE TERMS INCLUDE A CLASS ACTION WAIVER AND REQUIRE BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES. DETAILS ARE SET FORTH IN THE “Complaints or need to speak to us?” SECTION BELOW, UNDER THE HEADING “U.S. Arbitration Agreement & Class Action Waiver”. 

The legal bits… 

We’re ASOS.com Limited. Our HQ is at Greater London House, Hampstead Road, London NW1 7FB (company number 3584121), a company registered in England and Wales.

When you shop with us (or access our services, apps and websites (our “Websites”)), these terms 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). Of course, if you need anything else, get in touch with Customer Care – we always love to hear from you!

For customers in the United States: 

(i) your payment will be processed by, and your order will be distributed by, our group company ASOS US Sales LLC of Suite 209, 300 Creek View Road, Newark, Delaware, USA; and

(ii) to the extent Customer Care cannot resolve any issues for you, we agree to participate in binding arbitration with you individually, unless you opt-out of this agreement as described below.

When you place an order on www.asos.com or on our apps, the seller is ASOS.com Limited, UNLESS the product is identified as being sold by an ASOS brand partner (each an “ASOS Brand Partner”). Where this is the case, the product will be stated to be:

• 'Sold by [ASOS Brand Partner] and shipped by ASOS'

When the seller is ASOS.com Limited, your sales contract is with ASOS.com Limited. When the seller is an ASOS Brand Partner, you enter into a contract to buy products with the respective ASOS Brand Partner and a contract with ASOS Payments UK Limited (“ASOS Payments”) to pay for those products in the way described below.

We keep these terms and Help pages updated and we amend them every so often, so remember to check back in before you shop, as the latest set will apply.

To shop with us, you need to:

• be at least 16 years old;
• have a credit or debit card that we and ASOS Payments accept (see bottom of page for details of current payment providers); and
• be authorised to use that credit or debit card (e.g. it is in your name or you have permission to use it).

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

You can only place an order for an ASOS Brand Partner product if you are a consumer. We are unable to sell ASOS Brand Partner products to businesses (and will therefore also be unable to supply VAT invoices in relation to any ASOS Brand Partner orders).

Where you are buying a product directly from us, you will use your card to pay us directly for the product.

Where you are buying a product from an ASOS Brand Partner, you will be paying ASOS Payments to load a credit of an equal amount to an account with ASOS Payments, and then spending that credit to pay the ASOS Brand Partner. In order to do this, you need to access ASOS Payments service by logging in via your ASOS account in the usual way, selecting the product you wish to buy from the ASOS Brand Partner, and then pressing the “Place Order” button. By pressing that button, you will be both (1) authorising ASOS Payments to take a payment from your card to pay ASOS Payments for a credit to your ASOS Payments account; and (2) instructing ASOS Payments that you wish to spend the credit to pay the ASOS Brand Partner. You can only instruct ASOS Payments to use credits to pay ASOS Brand Partners.

When you place an order, you should receive an acknowledgement e-mail confirming receipt of your order. We or (if you’re buying from an ASOS Brand Partner) ASOS Payments then carry out a standard pre-authorisation check to make sure there’s enough money on your card to pay for or towards the order.

We only accept your order once payment has been approved and we or ASOS Payments have debited the payment card (and then the contract is made based on these terms).

You may be able to cancel (not change) your order within a short period of ordering – timings depend on your chosen delivery method and whether you purchased from an ASOS Brand Partner (and will be set out in the acknowledgement email). You can’t change your order – you’ll need to cancel (and/or return original item(s)), and re-order.

All orders are subject to availability and confirmation of the order price. Don’t worry, if there’s an issue with an order, we’ll get in touch with you.

All products remain ASOS property or the property of the relevant ASOS Brand Partner until full payment of the purchase price is received by either us or ASOS Payments, as the case may be.

Very occasionally, we may need to refuse or cancel an order or close or freeze an account (even if we have previously confirmed your order) – e.g. if we notice something unusual on an order or an account or if your order goes against unit limits as detailed on the product display pages of specific products. If your account has been blocked and you think we’ve made a mistake, please get in touch with Customer Care and they’ll be happy to speak to you about it.

You can end this agreement with ASOS Payments at any time by ceasing to use the ASOS Payments service to purchase Brand Partner products, but if you do you won’t be able to pay for ASOS Brand Partner products. You can’t cancel any payments that you’ve already made through ASOS Payments.

Products sold by ASOS Brand Partners are excluded from affiliate cashback reward schemes. You therefore won’t receive cashback on any order made with an ASOS Brand Partner.

Using Klarna or Afterpay to try before you buy? Some different terms apply – see here for more details on Pay in 4 payments with Klarna and here for more details on paying with Afterpay. 

Delayed Payment Services

There’s a lot going on here at ASOS HQ and from time to time our busy ASOSers may price up or describe a product or promo wrongly. If we discover an error for any goods you’ve ordered, we will tell you ASAP and give you the option of reconfirming your order (at the correct price) or cancelling it.

If we can’t get in touch with you, we will treat the order as cancelled. If you cancel and you’ve already paid, we will refund you.

Prices include VAT (where applicable) but keep in mind that there may be other taxes that you need to pay which aren’t imposed by us or ASOS Payments.

Depending on the value of your order or the delivery option or address you choose, delivery costs may also be charged (see below). Such additional charges will be clearly shown during the checkout process and included in the 'Total Cost'.

Personalisation

We may personalise your user experience on our Apps and Website (including for example, by recommending, prioritising or deprioritising the display of certain products or categories of products) by taking into account your browsing and shopping history including your rate of returns and number and value of orders, as well as other factors. For more detail, please see this page.

Before you finalise your order, you’ll be given various delivery options to choose from with estimated delivery time and dates depending on the delivery address.

Orders are generally shipped to your delivery address from a designated warehouse. If part of your order is shipped from one of the other warehouses in our global network, this part of your order will be delivered by Standard Delivery. You’ll see your estimated delivery date at the checkout.

You’ll only be charged one delivery fee for all items, even if they’re coming from different warehouses.

All delivery services we offer for all ASOS items will also be available for items sold by an ASOS Brand Partner and shipped by ASOS. 

To see more about how delivery works with ASOS Brand Partners, just click here.

We work hard to meet all of our delivery times but sometimes there may be delays – e.g. because of postal/carrier delays, logistics or bad weather. We will keep you updated as much as we can and you should be able to track your parcel’s progress.

ASOS cannot be held liable for any parcels that are lost or stolen as a result of any specific delivery instructions left for the carrier.

Please check out our Delivery and Returns page for more info. Any problems with your delivery? Please let us know within 30 days of the date which your order should have been delivered and we’ll do our best to help you.

Check out our full Returns and Refunds Policy here.

Please note, products marked as Final Sale are not eligible for return or refund. 

Returning unwanted ASOS products or items that were sold by an ASOS Brand Partner and shipped by ASOS?

We get it, sometimes something just doesn't work for you and you want your money back. Don't worry, as long as an item is still in its original condition, we accept returns for free, subject to the rules below, which includes rules around Fair Use.

If you return an item requesting a refund within 28 days of the item being delivered to you or available for collection, we'll give you a full refund by way of the original payment method. Where you purchased Brand Partner products, you authorise ASOS Payments to make the applicable refund to the original funding method you used to credit your ASOS Payments account.  

We aim to refund you within 14 days of receiving the returned item.

If you request a refund for an item during the above time frames but you can't return it to us for some reason, please get in touch – but any refund will be at our discretion.

All returns are subject to our ASOS Returns Policy. 

After that?

We don't accept returns for unwanted items after the relevant returns period above. If you try to make a return, we may have to send it back to you and ask you to cover the delivery costs.

What happens to my return I ordered using Klarna? 

If you've placed an order with 'Pay in 4 Payments with Klarna', you'll be paying for your order in regular instalments. If you return an item within 28 days of it being delivered to you, or available for collection, we'll give you a refund with the return charge deducted (if applicable).

ASOS has no liability to you for any instalments or additional charges incurred to Klarna, so make sure you pay them off in full!

To find out more about returns with 'Pay in 4 Payments with Klarna' here.

Keep it clean

Hygiene and your and all of our customer' safety is super important, so certain items can't be returned for refunds, including:

• Face + Body products if opened, used or protective seal is not intact
• Sexual Wellness products if opened, used or protective seal is not intact
• Underwear if the hygiene seal is not intact or any labels have been broken
• Swimwear if the hygiene seal is not intact or any labels have been broken
• Pierced jewellery if the seal has been tampered with or is broken

None of this affects your statutory rights. 

Original Condition

All returned items should be sent back to us in their original condition together with the original packaging and all ASOS and brand tags, and security devices attached.

Footwear – only try on footwear on carpeted floors to protect the soles. They must also be returned with the original box (if any) and any original shoe or dust bags (if any).

All items are inspected on return. Of course, it’s fine to try an item on like you would in a store, but don’t actually wear or use it. When trying on clothing please be careful with the item (don’t use unnecessary force) and don’t wear make-up, perfume, cologne, deodorant or antiperspirant as these can mark and leave scents on the item.

If an item is returned to us worn, used, damaged or in an unsaleable condition, or where the above instructions have not been followed, we won’t be able to give you a refund and we may have to send it back to you and ask you to cover the delivery costs. Alternatively, we (at our sole discretion) may choose to reduce your refund to reflect any reduction in the value of an item.

None of this affects your statutory rights.

Fair Use Policy

Partial Refunds

Our Fair Use Policy exists to ensure we can continue offering free returns to the vast majority of our customers.

For the small group of customers who consistently take actions that make providing them with free returns unsustainable, we deduct and retain $4.99 from their refund to help cover the cost of getting the goods back to us.

When deciding whether to make this deduction from your future refunds, we apply an objective formula based on your shopping behaviour, taking into account whether you have made particularly excessive returns well beyond the average ASOS customer’s returns, as well as the number and value of orders made by you.

If you fall into this group, you will still enjoy free returns when you keep $50 or more of any order.

If this $4.99 deduction will apply to your future orders and refunds for returns, we will send you an initial e-mail notification.

You will also see a message at the checkout and on returns pages, reminding you how much of the order you need to keep to avoid having $4.99 deducted from your refund. If you don’t see these messages, good news! You’ll continue to receive free returns on your orders.

Faulty and Incorrect Items

You can continue to make free returns for products that are faulty or where we have sent you a product that you did not order.

If your item has a fault, please return it to us as soon as possible so we can get this sorted for you. Don’t forget to select ‘Faulty/Broken’ when selecting a reason for your return. Unable to create a return or your item is in an unreturnable condition? Please get in touch with our Customer Care team here and provide a photo of the faulty item, we’ll be happy to help.

Worn your favourite item one too many times? Please bear in mind that all items are inspected on return, and those with wear and tear rather than a fault will not be refunded.

If you received a wrong item, please send it back to us as soon as you can. You’ll need to select ‘Incorrect Item Received’ as the reason for return when creating your return. Find out how to return something here. Some brands have non-UK sizes displayed on products, so to check if you received the right size, please have a look at our size guide.

PLEASE NOTE: If you have selected the category of return incorrectly or falsely, and we determine that the item is the correct item you ordered or does not in fact have a fault (as applicable), we reserve the right to deduct $4.99 for your return.

This section doesn’t affect your statutory rights.

Suspicious Activity

If we suspect fraudulent activity and/or notice any unusual or suspicious activity with your account, we may refuse to issue a refund and suspend your account and any associated accounts.

Such activities include, but are not limited to: complaints relating to unreceived orders, missing items, ordering and returning large quantities - much, much more than even the most loyal ASOS customer would order; unusual patterns of returns activity; if we suspect that someone is not just trying on their items, but wearing them for an extended period of time and then returning them; if we refuse multiple returns from you (see “When we may refuse a refund” below); or items are returned that are worn/used and do not correspond to the original order.

If your account has been deactivated and you need to make a valid return, please see the account closure email we sent you. There you will find information on how to make a valid return. You will be responsible for the costs of returning the goods to us. All returns will be processed as usual once they reach our warehouse.

Please note that we reserve the right to take legal action against you if the items you return do not match those you ordered.

Proof of postage

For ASOS products and items that were sold by an ASOS Brand Partner and shipped by ASOS, we strongly recommend you get proof of postage and follow our returns process (for more information on how to return, see here). Our returns address is:

DHL Supply Chain, 4505 Derrick Industrial Parkway, Union City, GA 30349, USA

From time to time, we may give you Promo Codes that you can use to reduce the price of specified products. Remember, it’s up to you to enter the code at checkout!

For more info on Promo Codes and the rules on how to use them, click here. There are some key things to remember:

Each Promo Code has its own terms, which will be made clear at the time it’s issued to you (e.g. what products, single/multiple use, when it can be used etc).

Unless we tell you otherwise, Promo Codes can’t be used to buy ASOS Premier or ASOS Gift Vouchers. Promo codes, including student discounts, can't be applied to any items sold by ASOS Brand Partners. More details on students Ts&Cs, including any further exclusions that may apply, can be found here.

If you’re given a unique Promo Code that is meant just for you (e.g. a student Promo Code) please keep it secret and don’t let anyone else use it or abuse it (e.g. don’t post it on social media). If we think there is or has been misuse of a Promo Code in any way (e.g. selling it or sharing it with others), we can cancel your Promo Code and/or suspend or even close your account without telling you.

We don’t like to do this, but if a Promo Code can’t run properly because someone or something is spoiling the fun for everyone – e.g. fraud, tampering, technical errors or anything else that is beyond our control that affects the running or fairness of the Promo Code – we can cancel, modify or suspend the Promo Code.

When we may withhold issuing a refund

We will refuse a return:

• on grounds of hygiene (see 'Keep it Clean' above); or
• if an item has been damaged, soiled, washed, altered or worn, or if the original tags or labels are no longer intact and/ or attached to the relevant item (see 'Original Condition' above); or
• if the item(s) returned to us do not match what you have received; or
• if you have returned items after expiry of the returns period (see 'Returning an unwanted item?' above).

If we refuse a return for any of these reasons, we will not issue you with a refund and we will send the item(s) back to you. If you attempt to return a refused item a second time, we will dispose of the returned item in a responsible way and we will continue to withhold a refund.

In certain cases, for example where we have had to refuse multiple returns by you, or there are suspicious circumstances relating to the return, we might also have to block your account and any associated accounts (see ‘Fair Use’ above).  

If any of the above happens to you and you think we’ve made a mistake, please get in touch with Customer Care and we’ll be happy to discuss it with you.

This does not affect your statutory rights.

If you’re the lucky recipient of an ASOS Gift Voucher or ASOS Gift Card (high five!) head over to our Customer Care pages to find out how and when they can be used. A few points to bear in mind:

It’s best to lock your Gift Voucher or Gift Card to your ASOS account ASAP to keep it safe.

Gift Vouchers and Gift Cards can’t be used to buy ASOS Gift Vouchers. They can only be used to buy ASOS products, or to load credits to your ASOS Payments account in order to pay for ASOS Brand Partner products in the way described above (please see the “Placing an order” section above). 

If you’re being super generous and buying someone else an ASOS Gift Voucher, please make sure you get their email address correct! If you get it wrong and the Gift Voucher is emailed to someone else who uses it, there’s not much we can do. Check, double check and even triple check before you buy it.

Speaking of emails, sometimes pesky (but useful) spam filters send our emails into junk or spam folders. So, if you’ve not been thanked for your generous gift, it’s worth giving them a nudge because there might be something wonderful waiting for them in their junk or spam folder!

Gift vouchers bought with UK as the browsing country will expire 2 years from the date of receipt. Gift vouchers bought with the US as the browsing country do not have an expiry date. Gift vouchers bought from an ASOS browsing country outside of the US or the UK will expire 10 years from the date of receipt.

ASOS reserves the right to cancel any Gift Vouchers in its sole discretion where fraud or misuse is suspected.

Our Privacy Policy sets out how we and ASOS Payments use your information. If your details change, remember that you need to update My Account so we can continue giving you our best service (you can also update your marketing preferences there).

At ASOS, we love being able to interact with and chat to you through social media. However, we can’t control those social media platforms or how you set your profiles on them. Please check and set your privacy settings so that you understand and are comfortable with how your personal information on those platforms will be used.  

We know it’s obvious, but you must not misuse or tamper with our or ASOS Payments’ websites, apps or other services (“Websites”) (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 ouror ASOS Payments tech or functionality or steal our ASOS Payments or our or ASOS Payments 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 or ASOS Payments 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.

ASOS and ASOS Payments 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.

By submitting a product review or rating to ASOS you agree to comply with the Bazaarvoice terms of use which can be viewed when submitting a rating via the Bazaarvoice platform. For more information on these terms of use please contact privacy@bazaarvoice.com.

Digital Millennium Copyright Act (DMCA)

ASOS respects the intellectual property rights of others, and requires others who use this Website do the same. ASOS is registered as a service provider with the United States Copyright Office. If you believe your work has been copied in a way that constitutes copyright infringement, you may send a notification of the claimed infringement to ASOS’s Designated Copyright Agent, designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2) (the "DMCA"), named below:

Joseph V. Norvell
Norvell IP llc
P.O. Box 2461
Chicago, Illinois 60690
Phone: 888-315-0732
Email: dmca@norvellip.com

Pursuant to the DMCA, your notification must include:

• Your name, address, telephone number, and email address;
• Identification of the copyrighted work that you claim has been infringed;
• Identification of the precise location where the alleged infringing material is located, such as the URL or other location of the materials claimed to be infringing;
• A statement by you, the complaining party, that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and
• An electronic or physical signature of the owner of the copyright, or a person authorized to act on behalf of the owner of the copyright.

ASOS has adopted a policy to identify users who have repeatedly been the subject of infringement claims. As part of this policy, ASOS may in its sole discretion suspend, disable, and/or terminate services provided to or the accounts of users who have been identified as repeat infringers, or for any other related reasons as determined by ASOS.

It’s fine for you to link to 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.

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

• Email us here
• Post: ASOS Customer Care, Hercules Way, Leavesden Park, Leavesden, Watford, WD25 7GR

If Customer Care are unable to resolve your complaint to your satisfaction, you may refer your complaint to RetailADR, or if you are a U.S. Customer, you must pursue a claim through binding arbitration as described below. 

RetailADR is an Alternative Dispute Resolution provider to which ASOS subscribes and is free for consumers to use. RetailADR is approved by Chartered Trading Standards Institute (CTSI) to provide dispute resolution services and undertake an independent review of your complaint, pursuant to the Alternative Dispute Resolution (ADR) for Consumer Disputes (Competent Authorities and Information) Regulations 2015.

Complaints can be raised to RetailADR in the following ways:

• Online - via RetailADR’s online complaint form which can be accessed at www.cdrl.org.uk/retail-adr/
• In writing by post – in order to accept your complaint, RetailADR requires you to send a completed paper complaint form by mail to the address detailed in the complaint form that can be accessed and downloaded via www.cdrl.org.uk/retail-adr/.
• If you require Reasonable Adjustments to assist you in submitting your complaint, pursuant to the Equality Act 2010, RetailADR are able to discuss your request for assistance via telephone at 0203 540 8063. RetailADR has a voicemail system set up specifically for calls of this nature so please follow the steps as directed on the automated message.

Please be aware that when submitting your complaint form, this will be your only opportunity to submit any facts or evidence that you consider relevant to your complaint in support of your case.

Once you have submitted your complaint form, RetailADR have an obligation to process claims within 90 days of receiving evidence from both you and ASOS. Once RetailADR have completed an initial assessment of your complaint they refer it to ASOS to request a response within 28 days.

Should you have any questions, RetailADR has a dedicated online Support Centre which operates Monday to Friday, 4.00am-12:30pm, and is on hand to provide information and assistance to consumers who require information about its complaint handling process. This can be accessed at www.support.cdrl.org.uk.

U.S. Arbitration Agreement & Class Action Waiver

If you are a U.S. Customer, please read this section carefully.  It provides that you and we are agreeing to resolve most disputes through binding individual arbitration instead of court trials and class actions.

Governing Law and Jurisdiction 

You and we agree that this agreement evidences a transaction in interstate commerce and will be interpreted and enforced in accordance with the U.S. Federal Arbitration Act and federal arbitration law. New York law will otherwise govern, consistent with the Federal Arbitration Act, regardless of conflict of law rules.   

Any disputes or claims not subject to arbitration, as set forth in this section, will be resolved exclusively in the federal or state courts of New York, New York, and you and we consent to personal jurisdiction in those courts.   

Scope

This agreement is intended to be given the broadest interpretation and application to encompass all disputes or Claims arising between us now or in the past, regardless of the legal theory. By using our website, you agree that any and all Claims arising out of or relating to your use of the website, or other products or services provided by ASOS.com or our partners (including the interpretation and scope of this agreement and the arbitrability of the dispute), or your relationship with us or any subsidiary, parent or affiliate company or companies, will be resolved via mandatory, binding arbitration unless expressly excluded as set forth below (each a “Claim” and collectively “Claims”).

Opt Out Procedure

Notwithstanding the above, you may opt out of the arbitration requirement within 30 days after this agreement comes into effect (the “Opt Out Deadline”), which shall be the earliest of (a) the date you first used our website, (b) the date you first used our services or purchased our products, or (c) the date you started a relationship with us.  You may opt out of the agreement by sending us a written notice by email to arbitration@asos.com with the subject line:  “Arbitration -- Opt-Out Notice”.  

Pre-Dispute Resolution

Prior to initiating any dispute or Claim, whether in arbitration or otherwise, you must first give us an opportunity to resolve any complaints you have by submitting them in writing to arbitration@asos.com. Your email to arbitration@asos.com must contain the following information: (1) your name, (2) your address, (3) the email address you used to make your purchase, (4) your order number, (5) the date of your order, (6) a brief description of the nature of your complaint, and (7) the resolution that you are seeking. Additionally, the subject line of your email must state, “Request Under Arbitration Agreement.” This requirement is intended to inform us that you have a dispute you want to resolve with us.  If we are not able to resolve your complaint within 60 days of receiving the proper email, you may seek relief as laid out in this agreement. 

Arbitration Procedure

Arbitration shall be initiated through and administered by the American Arbitration Association (“AAA”), unless the AAA declines or is unable, then ASOS.com will select an alternative arbitral forum. 

We agree that we will pay all filing, administration and arbitrator fees other than the initial filing fee that you must pay to file the initial arbitration demand. If your Claim is for less than $1,000 we will reimburse you for the filing fee if you provide a written request for reimbursement with evidence of insufficient funds to pay the fee yourself.  In the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, ASOS.com will pay as much of your filing fee in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the costs of litigation.  Otherwise, we will each bear the fees and expenses of our respective attorneys, experts, witnesses and preparation and presentation of evidence at the arbitration. 

Arbitration will be conducted in accordance with the AAA’s rules, including the AAA’s Consumer Arbitration Rules (as applicable), as modified by this agreement.  The AAA rules and information about arbitration and fees are available online at www.adr.org or by calling the AAA at 1-800-778-7879.  

The arbitration will be conducted in English by one arbitrator, who will be appointed by the AAA. For claims under $25,000, the arbitration will not involve any personal appearance by the parties or witnesses but will instead be conducted based solely on written submissions, unless you request an in-person or telephonic hearing or the arbitrator determines that an in-person or telephonic appearance is required. In the case of a hearing, the presumption shall be in favor of a telephonic hearing, unless the arbitrator determines that a party’s right to a fundamentally fair process would be impaired without an in-person hearing. In the case of an in-person hearing, the hearing shall be conducted in a mutually convenient location. ASOS.com will ordinarily request that the hearing be held in New York, New York. You may petition the arbitrator to select an alternative location for the hearing. The arbitrator’s selection of a hearing location shall be final and binding. You agree that in the event of an in-person hearing, any ASOS.com Limited employee or affiliate who is based outside of the United States and who is participating in the hearing may participate by telephone or video conference, and his or her physical presence will not be required.  

Any arbitration will be confidential, and neither you nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award.  Judgment on any arbitration award may be entered in any court having proper jurisdiction. 

Ordinarily, pre-hearing information exchange will be limited to the reasonable production of non-privileged documents directly relevant to the dispute. Unless the arbitrator determines that an additional form of information exchange is necessary to provide for a fundamentally fair process, those documents will be limited to your order and communications directly about that order among you and ASOS.com. Any issues regarding discovery, or the relevance or scope thereof, will be determined by the arbitrator, and the arbitrator’s determination will be conclusive. 

Arbitration Award

The arbitrator will have the power to grant declaratory or injunctive relief, whether interim or final, only in favor of you individually and only to the extent necessary to provide relief warranted by your individual claim without affecting other ASOS.com customers, and any provisional measures ordered by the arbitrator may be enforced by any court of competent jurisdiction.  Nothing in these Terms will prevent you from seeking public injunctive relief separately from arbitration in court pursuant to these Terms, and any such application will not be deemed incompatible with the agreement to arbitrate or as a waiver of the right to arbitrate your individual claims. You and ASOS.com agree that any proceedings seeking a remedy of public injunctive relief will proceed after the arbitration of all arbitrable Claims, remedies, or causes of action, and will be stayed pending the outcome of the arbitration pursuant to section 3 of the Federal Arbitration Act.

Exceptions to Arbitration Agreement

You and we each agree that the following causes of action and/or claims for relief are exceptions to the Claims covered by the arbitration agreement and will be brought in a judicial proceeding in a court of competent jurisdiction (as outlined in this agreement): (i) any claim alleging actual or threatened infringement, misappropriation, or violation of a party’s trade secrets or intellectual property rights; (ii) any claim or cause of action seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack); or (iii) a request for the remedy of public injunctive relief, where such remedies are permitted and cannot be waived by applicable law.  In addition, to the extent your dispute or Claim qualifies under applicable law, you may elect to proceed in small claims court. 

Class Action Waiver

YOU AND WE EACH AGREE THAT ANY PROCEEDING, WHETHER IN ARBITRATION OR IN COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION, EXCEPT FOR ACTIONS FOR INJUNCTIVE RELIEF AS DESCRIBED BELOW AND IN THIS PARAGRAPH.   

Upon motion of one or more affected parties, and after providing all other affected parties an opportunity to be heard, the arbitrator may, in its discretion, coordinate more than one arbitration proceeding initiated under this arbitration agreement, in order to promote efficiency in discovery and to avoid inconsistent legal rulings.  For the avoidance of doubt, any coordination under the preceding sentence will be limited only to currently-pending arbitrations initiated under this agreement, and the arbitrator may not preside over any form of a representative or class proceeding.  All parties will retain the right to request an individualized hearing. 

If a court or arbitrator determines in an action between you and us that this class action waiver is unenforceable, this arbitration agreement will be void as to you.

Jury Waiver 

IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN THROUGH ARBITRATION, YOU AND WE EACH WAIVE ANY RIGHT TO A JURY TRIAL. 

We have the right to amend, remove or vary our services and/or any part of the Website (including our Ts&Cs) at any time.

See section “Complaints or need to speak to us?” and heading “Governing Law and Jurisdiction” for more information on the management of claims and disputes arising under this agreement.

If you have an issue where you have entered into a contract with an ASOS Brand Partner you may bring legal proceedings against the ASOS Brand Partner in the jurisdiction where the ASOS Brand Partner is located or in the courts of your country of residence.

Monthly Active Recipients

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

We make this warning as a result of Proposition 65, the Safe Drinking Water and Toxic Enforcement Act of 1986, which requires us to inform citizens in California about exposures to certain chemicals. WARNING: Products sold on this site may expose you to chemicals known to the State of California to cause cancer, birth defects or other reproductive harm.

LEAD

Some of our products such as phone accessories, wallets, handbags, purses, clutches, totes, clothing, jewellery, accessories, homewares or shoes made of vinyl or imitation leather may contain traces amounts of lead. In accordance with Proposition 65, we issue the following warning to our California customers: "WARNING: The materials used on the exterior of some products may expose you to lead, a chemical known to the State of California to cause birth defects or other reproductive harm."

For more information on Proposition 65, click here.

Have we reached out to you on social media to feature your content on our social media channels? Congrats! It means we love your style. 

By agreeing to let us feature your content on our social media channels and platforms, you agree that:

• we can use your handle and the content (the “Content”) on ASOS.com, the ASOS app, collusion.com, ASOS’ and affiliated social media platforms (including but not limited to Instagram, Facebook and TikTok) and/or any other ASOS marketing materials;
• we can modify the content (for example we may edit, crop, adapt, enhance or use only a part of it, but ASOS will not treat your Content in a derogatory manner).

You promise that you:

• have the permission of everyone in the Content;
• have the right to grant ASOS the above rights; and
• are at least 16.

If you (or anyone in the Content) asks us to remove the Content, we will remove the Content from the social media accounts that we control. We may remove Content from our accounts or platforms in our complete discretion, without asking you.

You understand that users of social media platforms and ASOS platforms can share and make use of the Content once posted.  In particular, a user of these platforms can take a screenshot of and save an image of the Content to their device, share the Content on social media platforms or websites which feature the Content (and sharing capabilities). If you do not want to grant the permissions set out above, then please do not give us consent to use the Content.