Terms and Conditions
1 In General
Access to and use of this Website and the products and services available through
this Website (collectively, the "Services") are subject to the following terms,
conditions and notices (the "Terms of Service"). By using the Services, you are
agreeing to all of the Terms of Service, as may be updated by us from time to
time. You should check this page regularly to take notice of any changes we may
have made to the Terms of Service.
Access to this Website is permitted on a temporary basis, and we reserve the
right to withdraw or amend the Services without notice. We will not be liable if
for any reason this Website is unavailable at any time or for any period. From
time to time, we may restrict access to some parts or all of this Website.
This Website also contains links to other websites, which are not operated by
ASOS (the "Linked Sites"). ASOS has no control over the Linked Sites and accepts
no responsibility for them or for any loss or damage that may arise from your
use of them. Your use of the Linked Sites will be subject to the terms of use
and service contained within each such site.
2 Privacy Policy
Our privacy policy, which sets out how we will use your information, can be found
at Privacy Policy. By using this
Website, you consent to the processing described therein and warrant that all
data provided by you is accurate.
3 Prohibitions
You must not misuse this Website. You will not: commit or encourage a criminal
offence; transmit or distribute a virus, trojan, worm, logic bomb or any other
material which is malicious, technologically harmful, in breach of confidence or
in any way offensive or obscene; hack into any aspect of the Service; corrupt
data; cause annoyance to other users; infringe upon the rights of any other
person's proprietary rights; send any unsolicited advertising or promotional
material, commonly referred to as "spam"; or attempt to affect the performance
or functionality of any computer facilities of or accessed through this Website.
Breaching this provision would constitute a criminal offence under the Computer
Misuse Act 1990. ASOS will report any such breach to the relevant law
enforcement authorities and disclose your identity to them.
We will not be liable for any loss or damage caused by a distributed
denial-of-service attack, viruses or other technologically harmful material that
may infect your computer equipment, computer programs, data or other proprietary
material due to your use of this Website or to your downloading of any material
posted on it, or on any website linked to it.
4 Intellectual Property, Software and Content
The intellectual property rights in all software and content made available to
you on or through this Website remains the property of ASOS or its licensors and
are protected by copyright laws and treaties around the world. All such rights
are reserved by ASOS and its licensors. You may store, print and display the
content supplied solely for your own personal use. You are not permitted to
publish, manipulate, distribute or otherwise reproduce, in any format, any of
the content or copies of the content supplied to you or which appears on this
Website nor may you use any such content in connection with any business or
commercial enterprise.
You shall not modify, translate, reverse engineer, decompile, disassemble or
create derivative works based on any software or accompanying documentation
supplied by ASOS or its licensors. asSeenonScreen.comTM and ASOS.comTM
are trade marks belonging to ASOS. No licence or consent is granted to you to
use these marks in any way, and you agree not to use these marks or any marks
which are colourably similar without the written permission of ASOS.
5 Terms of Sale
By placing an order you are offering to purchase a product on and subject to the
following terms and conditions. All orders are subject to availability and
confirmation of the order price.
Dispatch times may vary according to availability and any guarantees or
representations made as to delivery times are limited to mainland UK and subject
to any delays resulting from postal delays or force majeure for which we will
not be responsible. Please see our
Delivery Charges notice for further information.
In order to contract with ASOS you must be over 18 years of age and possess a
valid credit or debit card issued by a bank acceptable to us. ASOS retains the
right to refuse any request made by you. If your order is accepted we will
inform you by email and we will confirm the identity of the party which you have
contracted with. This will usually be ASOS or may in some cases be a third
party. Where a contract is made with a third party ASOS is not acting as either
agent or principal and the contract is made between yourself and that third
party and will be subject to the terms of sale which they supply you. When
placing an order you undertake that all details you provide to us are true and
accurate, that you are an authorised user of the credit or debit card used to
place your order and that there are sufficient funds to cover the cost of the
goods. The cost of foreign products and services may fluctuate. All prices
advertised are subject to such changes.
(a) Our Contract
When you place an order, you will receive an acknowledgement e-mail confirming
receipt of your order: this email will only be an acknowledgement and will not
constitute acceptance of your order. A contract between us will not be formed
until we send you confirmation by e-mail that the goods which you ordered have
been dispatched to you. Only those goods listed in the confirmation e-mail sent
at the time of dispatch will be included in the contract formed.
(b) Pricing and Availability
Whilst we try and ensure that all details, descriptions and prices which appear
on this Website are accurate, errors may occur. If we discover an error in the
price of any goods which you have ordered we will inform you of this as soon as
possible and give you the option of reconfirming your order at the correct price
or cancelling it. If we are unable to contact you we will treat the order as
cancelled. If you cancel and you have already paid for the goods, you will
receive a full refund.
All prices are inclusive of VAT. Delivery costs will be charged in addition; such
additional charges are clearly displayed where applicable and included in the
'Total Cost'.
(c) Payment
Upon receiving your order we carry out a standard pre-authorisation check on your
payment card to ensure there are sufficient funds to fulfil the transaction.
Goods will not be dispatched until this pre-authorisation check has been
completed. Your card will be debited once the order has been accepted.
(d) Discount Codes
(i) Account discount codes - Discount codes may from time to time be offered to
account holders; such codes may only be applied to purchases made through the
account in respect of which the discount code was offered and registered.
(ii) Promotional discount codes - We may from time to time offer promotional
discount codes which may apply in respect of any, or certain specified,
purchases made though this Website.
(e) Gift Vouchers
(i) Gift vouchers are only valid for a limited time and the voucher must be
used by the date shown on the voucher – check your voucher to find out when to use it by.
(ii) We’re afraid we can’t accept any responsibility for stolen or deleted gift vouchers.
(iii) We’ll despatch your gift voucher either as soon as payment has been cleared or
on your specified delivery date (if this is later). We’re afraid we can’t be responsible
for any delays, no matter how they are caused.
(iv) If you are the purchaser, please double check the delivery email address you enter –
it is your responsibility to do so and we’re afraid we can’t be held responsible if a
gift voucher is used by someone other than your recipient if the email address entered is
incorrect.
In addition, we can’t take responsibility for any gift vouchers that are lost or used by
someone other than your recipient after delivery. Make sure your recipient has received
their gift voucher, as it is their responsibility to keep the voucher details safe.
(v) From time to time, gift vouchers may get caught in pesky spam filters, and it’s
up to the recipient to check these filters. We can’t take responsibility if a gift
voucher cannot be delivered to the recipient’s email address because of spam filters,
firewalls, the capacity of the recipient’s mailbox or any other factors outside of our
control.
(vi) If you need a refund, this will be made in the same way as the original payment
method (such as onto a gift voucher, debit/credit card account, or a combination of the two).
(vii) As you’d expect, we reserve the right to vary these terms and conditions.
The conditions of use relating to any discount code will be specified at the time
of issue.
6 Disclaimer of Liability
The material displayed on this Website is provided without any guarantees,
conditions or warranties as to its accuracy. Unless expressly stated to the
contrary to the fullest extent permitted by law ASOS and its suppliers, content
providers and advertisers hereby expressly exclude all conditions, warranties
and other terms which might otherwise be implied by statute, common law or the
law of equity and shall not be liable for any damages whatsoever, including but
without limitation to any direct, indirect, special, consequential, punitive or
incidental damages, or damages for loss of use, profits, data or other
intangibles, damage to goodwill or reputation, or the cost of procurement of
substitute goods and services, arising out of or related to the use, inability
to use, performance or failures of this Website or the Linked Sites and any
materials posted thereon, irrespective of whether such damages were foreseeable
or arise in contract, tort, equity, restitution, by statute, at common law or
otherwise. This does not affect ASOS's liability for death or personal injury
arising from its negligence, nor for fraudulent misrepresentation,
misrepresentation as to a fundamental matter or any other liability which cannot
be excluded or limited under applicable law.
7 Linking to this Website
You may link to our home page, provided you do so in a way that is fair and legal
and does not damage our reputation or take advantage of it, but you must not
establish a link in such a way as to suggest any form of association, approval
or endorsement on our part where none exists.
You must not establish a link from any website that is not owned by you.
This Website must not be framed on any other site, nor may you create a link to
any part of this Website other than the home page. We reserve the right to
withdraw linking permission without notice.
8 Disclaimer as to ownership of trade marks, images of personalities and third
party copyright
Except where expressly stated to the contrary all persons (including their names
and images), third party trade marks and images of third party products,
services and/or locations featured on this Website are in no way associated,
linked or affiliated with ASOS and you should not rely on the existence of such
a connection or affiliation. Any trade marks/names featured on this Website are
owned by the respective trade mark owners. Where a trade mark or brand name is
referred to it is used solely to describe or identify the products and services
and is in no way an assertion that such products or services are endorsed by or
connected to ASOS.
9 Indemnity
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 this Website or your breach of the Terms of Service.
10 Variation
ASOS shall have the right in its absolute discretion at any time and without
notice to amend, remove or vary the Services and/or any page of this Website.
11 Invalidity
If any part of the Terms of Service is unenforceable (including any provision in
which we exclude our liability to you) the enforceability of any other part of
the Terms of Service will not be affected all other clauses remaining in full
force and effect. So far as possible where any clause/sub-clause or part of a
clause/sub-clause can be severed to render the remaining part valid, the clause
shall be interpreted accordingly. Alternatively, you agree that the clause shall
be rectified and interpreted in such a way that closely resembles the original
meaning of the clause /sub-clause as is permitted by law.
12 Complaints
We operate a complaints handling procedure which we will use to try to resolve
disputes when they first arise, please let us know if you have any complaints or
comments.
13 Waiver
If you breach these conditions and we take no action, we will still be entitled
to use our rights and remedies in any other situation where you breach these
conditions.
14 Governing Law and Jurisdiction
These terms and conditions are to be construed in accordance with the laws of
England and in the event of any dispute or claim associated with these terms and
conditions, that dispute or claim shall be subject to the exclusive jurisdiction
of the English courts.
15 Entire Agreement
The above Terms of Service constitute the entire agreement of the parties and
supersede any and all preceding and contemporaneous agreements between you and
ASOS. Any waiver of any provision of the Terms of Service will be effective only
if in writing and signed by a Director of ASOS.
16 Ethical Sourcing Policy
As a reputable and trusted business committed to offering its customers high
quality products, ASOS recognizes its obligation to ensure that suppliers are
operating ethically.
We expect our suppliers to consistently provide an environment which protects
their employees' health and safety and basic human rights.
All suppliers are expected to comply with their national employment laws and
regulations with particular regard to:
- Minimum age of employment
- Freely chosen employment
- Health and safety
- Freedom of association and the right to collective bargaining
- No discrimination
- No harsh or inhumane treatment
- Working hours
- Rates of pay
- Terms of employment
ASOS will never knowingly source stock from countries which are in breach of the
above principles. We also look to our suppliers to instil these principles when
dealing with their own supplier base.
Because of the sometimes complex nature of our suppliers' supply chain, it is not
always possible to monitor and control the conditions of each individual
involved in the production of our products. However, as ASOS continues to grow
it recognises the importance of being proactive and doing everything within its
power to support the rights of those involved in the manufacture of its goods.