By using the Site in any manner, including but not limited to visiting or browsing the Site, you (the "user" or "you") agree to be bound by this Agreement, including those additional terms and conditions and policies refered to here and/or available by hyperlink. This Agreement applies to all users of the Site, including without limitation users who are sellers, customers, merchants, contributors of content, information and other materials or services on the Site.
If you have any questions, please refer to the Help section of the Site.
What is ASOS Marketplace?
The ethos of ASOS Marketplace is to support both emerging and established boutique businesses sell items in a fashion environment.
ASOS Marketplace is a fashion website which provides a platform for boutiques. Boutiques are small businesses selling their own label, vintage collections or multi brands products
ASOS Marketplace meets the needs of the ASOS 20-something customer by providing unique brands and vintage fashion from independently-run boutiques. We reserve the right to remove sellers that do not fall within this framework at any time.
ASOS Marketplace champions the diversity of fashion. ASOS Marketplace supports boutiques that collect vintage and are selling via their boutique. ASOS Marketplace supports independent labels that are small businesses, and ASOS Marketplace supports multi-brand boutiques that may have their own store and are looking to diversify their selling options. In essence we support sellers that have a legitimate business and are taking fashion seriously.
ASOS Marketplace supports creativity and small businesses. ASOS Marketplace champions sellers that physically own their stock and take their own pictures for ASOS Marketplace. We do not support the drop shipping business model. If a seller is thought to be running their business as a drop shipper then ASOS Marketplace at its own discretion may remove that seller’s account(s) from the site without notice or prior warning.
ASOS Marketplace permits boutiques to list mobile phone cases and selected stationery/lifestyle items to complement their clothing and/or accessory ranges. Designs must be appropriate to ASOS’s 20-something customer. The Marketplace Review Team reserve the right to remove any listing which they feel does not meet this criteria. Phone cases: If making reference to third parties intellectual property rights, you must ensure that their intellectual property rights are used only where it is necessary to indicate the intended purpose of the mobile phone case, in accordance with intellectual property law.
ASOS Marketplace is a Venue
ASOS Marketplace acts as a venue to allow users, who comply with ASOS Marketplace's policies, to offer, sell and buy certain fashion goods within a fixed-price format. ASOS Marketplace is not directly involved in the transactions between buyers and sellers. As a result, ASOS Marketplace has no control over the quality, safety, morality or legality of any aspect of the items listed, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. ASOS Marketplace does not pre-screen content or information provided by users. ASOS Marketplace cannot ensure that a buyer or seller will actually complete a transaction.
Consequently, ASOS Marketplace does not transfer legal ownership of items from the seller to the buyer.
ASOS Marketplace cannot guarantee the true identity, age, and nationality of a user and encourages you to communicate directly with potential transaction partners through the tools available on the Site.
You agree that ASOS Marketplace is a venue and as such is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other users, or outside parties on ASOS Marketplace. You use the ASOS Marketplace service at your own risk.
Age: ASOS Marketplace's services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. You represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful. ASOS Marketplace may, in its sole discretion, refuse to offer access to or use of the Site to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Site is revoked in such jurisdictions.
Compliance: You agree to comply with all local laws regarding online conduct and acceptable content. You are responsible for all applicable taxes. In addition, you must abide by ASOS Marketplace's policies as stated in the Agreement and the ASOS Marketplace policy documents listed below (if applicable to your activities on or use of the Site) as well as all other operating rules, policies and procedures that may be published from time to time on the Site by ASOS Marketplace, each of which is incorporated herein by reference and each of which may be updated by ASOS Marketplace from time to time without notice to you:
In addition, some services offered through the Site may be subject to additional terms and conditions published by ASOS Marketplace from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into this Agreement by this reference.
Password: Keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify ASOS Marketplace of any unauthorised use of your password or any breach of security. You also agree that ASOS Marketplace cannot and will not be liable for any loss or damage arising from your failure to keep your password secure. You agree not to provide your username and/or password information to any other party other than ASOS Marketplace without ASOS Marketplace's express written permission.
Account Information: You must keep your account information up-to-date and accurate at all times, including a valid email and address. To sell items on ASOS Marketplace you must provide and maintain a valid PayPal business account and postal address.
Account Transfer: You may not transfer or sell your ASOS Marketplace account and 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 this Agreement.
Account Ownership: ASOS Marketplace BOUTIQUES may only hold and operate one active selling account at any one time and the selling account must only be operated by the named account holder. If a secondary account is required then the BOUTIQUE must request prior written permission from ASOS Marketplace. ASOS Marketplace reserves the right to reject any such request and may, at its discretion, terminate additional selling accounts or selling accounts being operated by a person other than the named account holder without prior warning.
Feedback: Marketplace takes feedback integrity seriously. Sellers may offer small incentives for general feedback, however manipulation and/or bribery is not tolerated. This includes feedback from a related account, offering incentives/bribes in return for specific feedback. The Marketplace team reserve the right to remove any feedback which it suspects has been posted as a result of such manipulation or bribery and may close the seller account to which it relates.
Right to Refuse Service: ASOS Marketplace reserves the right to refuse service to anyone at any time. ASOS Marketplace's services are not available to temporarily or indefinitely suspended ASOS Marketplace members. ASOS Marketplace reserves the right, in ASOS Marketplace's sole discretion, to cancel unconfirmed or inactive accounts.
Fees and Services
Boutiques are charged a monthly subscription fee. ASOS Marketplace charges a percentage of the sale price when the item sells. ASOS Marketplace's Features and Fees, which are subject to change, are incorporated into this Agreement by reference. Increase to the Features & Fees for ASOS Marketplace's services are effective after ASOS Marketplace provides you with at least thirty (30) days' notice by posting the changes on the Site. However, ASOS Marketplace may choose to temporarily change the Features & Fees for it's services for promotional events; such changes are effective when ASOS Marketplace posts the temporary promotional event on the Site. ASOS Marketplace may decrease the fees as stated in the Features & Fees with no notice. ASOS Marketplace may, at it's sole discretion, change some or all of ASOS Marketplace's services at any time. In the event ASOS Marketplace introduces a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in UK Pounds (GBP).
Boutique accounts must stay up-to-date with all fees owed or the account may be suspended until all outstanding fees are paid in full. In the event that a Boutique’s product count falls to zero their Boutique storefront will no longer show on site but the monthly Boutique fee will still be debited from the Boutique owner’s PayPal account until the account has been officially closed or downgraded. A Boutique account can be closed or downgraded at any time and it is the responsibility of the Boutique owner to manually terminate their Boutique status from their Account Status page.
You are responsible for paying all fees and applicable taxes associated with using ASOS Marketplace. ASOS Marketplace keeps accepted payment information on file. If a seller has fees due to ASOS Marketplace then they will be invoiced for that month for the amount due. This amount will be taken automatically by ASOS Marketplace from the seller’s registered PayPal account 2 working days later. If the Seller fails to pay the amount due in full they risk penalties such as termination of their boutique subscription, suspension of their selling privileges or termination of their account.
All fees are inclusive of UK VAT where applicable. In certain circumstances fees will not be subject to UK VAT but you may be liable to indirect taxes in your own country. 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 sellers who are VAT-registered. EU sellers are liable to notify ASOS Marketplace of any change in VAT status.
Fees and Termination: If ASOS Marketplace terminates a listing or your account, if you close your account, or if the payment of your ASOS Marketplace fees cannot be completed for any reason, you remain obligated to pay ASOS Marketplace for all unpaid fees plus any penalties, if applicable. If the seller's account is not paid in full, the seller risks penalties such as the suspension of privileges, termination of the account and/or legal action. If you have a question or wish to dispute a charge, contact ASOS Marketplace.
Listing and Selling
Listing Description: By listing an item on the Site you warrant that you and all aspects of the item comply with ASOS Marketplace's published policies. You also warrant that you may legally sell the item. You must accurately describe your item and all terms of sale in your listing. Your listings may only include text descriptions, pictures and other content relevant to the sale of that item. All items must be listed in an appropriate category with appropriate tags. You must not list an item more than once, unless the item’s listing has naturally expired. If the "in stock" quantity is more than one, all items in that listing must be identical with the only exception being colour variations details of which must be included on the listing.
Binding Sale: All sales are binding. The seller is obligated to ship the order or otherwise complete the transaction with the buyer in a prompt manner, unless there is an exceptional circumstance, such as: (a) the buyer fails to meet the terms of the seller's listing (such as payment method), or (b) the seller cannot authenticate the buyer's identity. The buyer is obligated to deliver appropriate payment for items purchased, unless there is an exceptional circumstance.
Fee Avoidance: The price stated in each item listing description must be an accurate representation of the sale. Sellers may charge reasonable shipping and handling fees to cover the costs for packaging and posting the items. Sellers may not charge excessive shipping fees or otherwise avoid fees. You may not alter the item's price after a sale for the purpose of avoiding ASOS Marketplace transaction fees, misrepresent the item's location, or use another user's account without permission. Sellers may not encourage buyers to purchase an item listed on ASOS Marketplace outside of the ASOS Marketplace site, such as directly through PayPal. This may also constitute fee avoidance.
Site Currency Conversion Tool: 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.
Promotional Codes: Sellers may issue promotional codes for promotional purposes only and these are to be used against purchases from the issuing seller’s boutique only. Promotional codes have no cash value and cannot be exchanged for money or credit. Sellers are expressly prohibited from selling promotional codes for their Boutique, ASOS Marketplace and/or the ASOS website. If the Seller is found to be selling promotional codes this may constitute fee avoidance.
If a Seller would like to use the “Find me on ASOS Marketplace” badge to advertise and promote their listing on ASOS Marketplace, they will need to ASOS’ prior written permission to do so. Please contact your account manager for more information.
Prohibited, Questionable and Infringing Items and Activities
You are solely responsible for your conduct and activities on and regarding to ASOS Marketplace and any and all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links (together, "Content") that you submit, post, and display on ASOS Marketplace.
Restricted Activities: Your Content and your use of ASOS Marketplace:
Must not be false, inaccurate or misleading
Must not be fraudulent or involve the sale of illegal, counterfeit or stolen items
Must not involve the sale of real fur items. See our Animal Welfare Policy.
Must not infringe upon any third-party's copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy (see also, ASOS Marketplace's Copyright Policy)
Must not violate this Agreement, any site policy or community guidelines, or any applicable law or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising)
Must not contain items that have been identified as hazardous to consumers
Must not be defamatory, libellous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person (including ASOS Marketplace staff or other users), or falsely state or otherwise misrepresent your affiliation with any person, through for example, the use of similar email address, nicknames, or creation of false account(s) or any other method or device
Must not be obscene
Must not contain or transmit any code of a destructive nature that may damage, interfere with, intercept or expropriate any system, data or personal information
Must not modify, adapt or hack ASOS Marketplace or modify another website so as to falsely imply that it is associated with ASOS Marketplace;
Must not link directly or indirectly, reference or contain descrtions of goods or services that are prohibited under this Agreement or other policy documents as posted on ASOS Marketplace.
By uploading boutique images to ASOS Marketplace, you agree that ASOS Marketplace has the right to use your images to promote ASOS Marketplace and/or your boutique store in any external press as well as across all ASOS Websites and ASOS social media channels.
Re-Posting Content: 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.
Idea Submissions: ASOS Marketplace considers any unsolicited suggestions, ideas, proposals or other material submitted to it by users via the Site or otherwise (other than the Content and the tangible items sold on the Site by users) (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, any member sends Material to improve the site (for example through the Forums or 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 this Agreement. You hereby 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 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.
Messaging is your way to communicate privately with other ASOS Marketplace members. It’s essentially email, but purely for ASOS Marketplace members. Messages are primarily intended for communicating about transactions and orders that are underway.
You must not use Messages to send unsolicited advertising or promotions, request samples, loans, donations or "spam”. You must not pass on email addresses or any other information on to third parties.
Spamming other boutiques in order to ask them to ‘follow’ your own boutiques will not be tolerated.
Please use common sense when giving out personal information to others via messaging, for example don’t send someone your credit card details.
You must not use messages to knowingly harass, threaten, blackmail or abuse another member.
If someone explicitly tells you not to contact them, you must not use Messages to contact them again, unless you are involved in an open transaction.
You must not use Messages to interfere with a transaction. This means…
You must not contact another member to buy or sell an item listed on ASOS Marketplace outside of the ASOS Marketplace site. This may also constitute fee avoidance.
You must not communicate with a member involved in an active or completed transaction to warn the member away from a particular buyer, seller or item.
As an anti-spam measure, sending too many messages too quickly may auto-disable your account. Contact The Marketplace Team who'll review your message activity and enable your account if spam-free.
ASOS Marketplace does not control the Content provided by users that is made available on ASOS Marketplace. You may find some Content to be offensive, harmful, inaccurate, or deceptive. There are also risks of dealing with underage persons or people acting under false pretence.
Additionally, there may also be risks dealing with international trade. By using ASOS Marketplace, you agree to accept such risks and that ASOS Marketplace (and ASOS Marketplace's officers, directors, agents, subsidiaries, joint ventures and employees) is not responsible for any acts or omissions of users on ASOS Marketplace. Please use caution, common sense, and practice safe buying and selling when using ASOS Marketplace.
Other Resources: ASOS Marketplace is not responsible for the availability of outside websites or resources linked to or referenced on the Site. ASOS Marketplace does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You agree that ASOS Marketplace shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resources.
Interactions with Other Users
Users are solely responsible for interactions with others. Users understand that ASOS Marketplace does not in any way screen its users. All users agree to exercise caution and good judgment in all interactions with others, particularly if meeting offline or in person.
Resolution of Disputes and Release
In the event a dispute arises between you and ASOS Marketplace, please contact ASOS Marketplace.
Any dispute arising from or relating to the subject matter of this Agreement shall be subject to the exclusive jurisdiction of the courts of England and Wales. Use of the Site is not authorised in any jurisdiction that does not give effect to all provisions of the Agreement, including without limitation, this section.
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.
ASOS Marketplace, for the benefit of users, may try to help users resolve disputes. ASOS Marketplace does so in its sole discretion, and it has no obligation to resolve disputes between users or between users and outside parties. To the extent that ASOS Marketplace attempts to resolve a dispute it will do so in good faith based solely on its policies. ASOS Marketplace will not make judgments regarding legal issues or claims and all disputes related to transactions will ultimately be determined by PayPal.
ASOS Marketplace's Intellectual Property
ASOS Marketplace, and other ASOS graphics, logos, designs, page headers, button icons, scripts, and service names are trademarks or trade dress of ASOS plc and its subsidiaries. ASOS Marketplace's copyright, trademarks, service marks, logos, business name, domain name, rights in get up and trade dress and all other intellectual property rights may not be used, including without limitation as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.
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 user, temporarily or indefinitely suspend a user's account privileges, terminate a user's account, prohibit access to the Site, and take technical and legal steps to keep a user off the Site and refuse to provide services to a user if any of the following apply:
ASOS Marketplace is unable to verify or authenticate any of your personal information or Content
ASOS Marketplace believes that a user is acting inconsistently with the letter or spirit of ASOS Marketplace's policies, has engaged in improper or fraudulent activity in connection with ASOS Marketplace or the actions may cause legal liability or financial loss to ASOS Marketplace's users or to ASOS Marketplace.
ASOS MARKETPLACE, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS PROVIDE ASOS MARKETPLACE'S WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. ASOS MARKETPLACE, ITS OFFICERS, DIRECTORS, EMPLOYEES AND SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM ASOS MARKETPLACE SHALL CREATE ANY WARRANTY.
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 SITE, ASOS MARKETPLACE'S SERVICES, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, 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, AND (B) £100.
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 THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.
ASOS Marketplace does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside ASOS Marketplace's control.
Legal Compliance; Taxes
You shall comply with all applicable domestic and international laws and regulations regarding your use of the Site and any ASOS Marketplace service and, if applicable, your listing, purchase, solicitation of offers to purchase, and sale of items. In addition, you shall be responsible for paying any and all taxes applicable to any purchases or sales of items you make on the Site.
If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of this Agreement shall remain in full force and effect.
You and ASOS Marketplace are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
ASOS Marketplace Service
Choice of Law
This Agreement shall in all respects be interpreted and governed by the laws of England and Wales.
Sections ASOS Marketplace Is A Venue, Membership Eligibility, Fees And Services, Listing And Selling, Prohibited, Questionable And Infringing Items And Activities, Content, Information Control, Interactions With Other Users, Resolution Of Disputes And Release, ASOS Marketplace's Intellectual Property, Breach, Privacy, No Warranty, Liability Limit, Indemnity, No Guarantee, Legal Compliance; Taxes, Severability, No Agency, ASOS Marketplace Service, Choice of Law, Survival, Notices, Disclosures shall survive any termination or expiration of this Agreement.
Except as explicitly stated otherwise, any notices shall be given by post to ASOS Marketplace; Greater London House, Hampstead Road, London NW1 7FB (in the case of ASOS Marketplace) or, in your case, to the email address you provide to ASOS Marketplace (either during the registration process or when your email address changes). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, ASOS Marketplace may give you notice by post to the address provided to ASOS Marketplace. In such case, notice shall be deemed given three days after the date of posting.
For issues with intellectual property, please provide the notice as specified in ASOS Marketplace's Copyright Policy.
The services hereunder are offered by ASOS Marketplace Limited, located at Greater London House, Hampstead Road, London NW1 7FB