You are entering into this agreement with:

• http://ASOS.com Limited, Dutch Branch (“we”, “us”, “ASOS”)

We are a branch registered in the Netherlands, headquartered at Prinsengracht 769 A Unit 2.02 in 2.03, 1017JZ Amsterdam, and registered in the commercial register of the Chamber of Commerce of the Netherlands (Kamer van Koophandel) under number 86697129.

When you place an order on http://eu.topshop.com the seller is http://ASOS.com Limited, Dutch Branch and ASOS operates http://eu.topshop.com . 

When you shop with us (or access our services, and website at eu.topshop.com (our “Website”)) these terms apply. They’re important for both of us as they set out what each of us expects 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 from us, get in touch with Customer Care – we always love to hear from you!

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 accept; 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 Website may not be suitable for under 18s.

The sale of Topshop products in the European Union are to consumers only (and will therefore also be unable to supply VAT invoices to businesses).

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

When you place an order, you should receive an acknowledgement e-mail confirming receipt of your order. We 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 have debited the payment card (and then the contract is made based on these terms). The transaction will appear on your payment method as a debit from ASOS.

You may be able to cancel (not change) your order within a short period of ordering - timings depend on your chosen delivery method (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 until full payment of the purchase price is received by us.

Very occasionally, we may need to refuse or cancel an order or close, block 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. 

Some payment services we offer are not always available to select. We may determine not to offer specific payment services based on conditions of use, such as shopping history or suspected misuse. To continue with your order, you will need to select one of our other payment types at checkout. 

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 in full.

Prices include VAT (where applicable) at the rate of the corresponding billing country within the EU, but keep in mind that there may be other taxes that you need to pay which aren’t imposed by us and you may also have to pay for any costs incurred by your bank during the currency conversion.

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’.

We may personalise your user experience on our website (e.g., by recommending, prioritising, or deprioritising the display of certain products or product categories) by taking into account your browsing and shopping history, including items you have viewed, added to your bag, or purchased, as well as other signals used by Shopify’s recommendation system. For more information, please visit 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.

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 returns and refunds policy here.

Returning an unwanted item? 

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 of charge, subject to the rules below which includes rules listed below.

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. 

For customers in the Netherlands: the return period is 14 days from delivery or available for collection. Once you have started the return process, you have another 14 days to return the item.

We aim to refund you within 14 days of receiving the returned item. The transaction will appear on your payment method as a credit from ASOS. Please note that transit times vary by country and may take up to 21 days in some regions before your return reaches us.

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 and refunds for items are subject to our Returns Policy and the 'Keep it Clean' and 'Original Condition' sections below. 

14-day statutory right of withdrawal

When you purchase items online from eu.topshop.com, you have a legal right to change your mind about your purchase within 14 days of that order being delivered to you or your order being made available for collection.

 If you wish to cancel your contract with us in accordance with your legal rights, you must choose to return all products in your order within 14 days of the delivery date or the date the order was made available for collection, using your usual process for returning products. You must then return the products to us within 14 days of completing the returns process.

 If you do this, we will give you a full refund for the items you purchased, plus the cost of standard delivery (if you paid for this). If the item received is incorrect or faulty, we will refund the full shipping cost (regardless of the method chosen). If you only return part of your order, we will not refund any shipping costs.

 Other Conditions

We will do our best to issue you your refund within 14 days of receiving the returned item.

If you request a refund for an item within the timescales above but are unable to return it to us for any reason, please contact us - in this case a refund will be at our discretion.

All returns and refunds for items are subject to our Returns Policy and the 'Fair Use' and 'Original condition' sections below.

 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 elect to send it back to you and ask you to cover the delivery costs.

Proof of postage

For Topshop products 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: GXO Logistics Poland Sp. z o. o, ul. Stachowska 16, 62-023 Robakowo, Poland.

Keep it clean

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

•  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 Topshop 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

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 and/or close 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 Topshop customer would order - as well as the number and value of orders made by you; 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. 

When we may refuse 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 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 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.

Warranties for customers based in Germany

a)   The warranty for defects in the purchased items complies with the statutory provisions, in particular §§ 434 et seq. of the German Civil Code (BGB) and the following provisions.

b)   If the customer is a merchant, he is obliged to inspect or inspect the goods immediately upon receipt and to report obvious defects in writing without delay (but no later than within six working days). Hidden defects must be reported within six days of their discovery. This has no effect on limitation periods. In order to meet the deadline, the timely dispatch of the notice of defects is sufficient. It is not sufficient for a representative or representative of the sellers to receive the complaint. The customer is obliged to indicate the order number of the respective shipment as well as the reason for the notice of defects. If the customer does not comply with his legal obligation regarding inspection and notification of defects in accordance with § 377 HGB, there is no warranty obligation towards the customer.

c)   Insignificant defects are considered to be customary or technically unavoidable deviations in the quality, colouring, size, equipment or design of the goods. The existence of such or other insignificant defects does not entitle the customer to withdraw from the purchase. The burden of proof to prove the materiality of such deviations for the customer lies with the customer.

d)   The warranty rights of the customer lose their validity if the customer has modified the goods and thus caused the defect. The customer is only entitled to compensation or reimbursement of futile expenses in accordance with these Terms and Conditions.

e)   If the customer is a merchant, warranty claims expire one year after receipt of the goods. Excluded from this are intent and claims for damages due to injury to life, limb or health or essential contractual obligations. If the customer is a consumer, the statutory limitation periods apply.

Limitation of liability for customers based in Germany

a)   http://ASOS.com Ltd. shall be liable without limitation for intent and gross negligence. For slight negligence, http://ASOS.com Ltd. is only liable in the event of injury to life, limb or health or essential contractual obligations. Material contractual obligations are duties whose fulfilment is necessary to achieve the purpose of the contract and on the fulfilment of which the customer relied and could rely.

b)   In the event of a material breach of contract as a result of slight negligence, the liability of http://ASOS.com Ltd. shall be limited to compensation for the foreseeable damage typical of the contract.

c)   The liability provisions listed above also apply to legal representatives and the representative of http://ASOS.com Ltd. Liability under the Product Liability Act remains unaffected.

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!

Head over to our Customer Care pages for full details on Promo Codes and the rules on how to use them – but here 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.).

If you’re given a unique Promo Code that is meant just for you, 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.

Promotional discounts may be offered to you on the basis of automated decision making. This type of decision making can result in you receiving certain promotions that other shoppers on http://eu.topshop.com may not receive and vice versa. This decision making is never done on the basis of protected characteristics such as race or gender. Automated decision making is based on your previous browsing and shopping history only. We will tell you via the email containing your discount code if you have received a promotional discount on the basis of automated decision making. More information on how we use your data can be found in our Privacy Policy.

You have the right to ask us to explain any computer-system decision about you, which can be done by contacting us.

Our Privacy Policy sets out how we 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).

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 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 our tech or functionality or steal 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 Topshop customers the best service, so we take them really seriously. We 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 owns or has permission to use the intellectual property rights in the 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 Topshop logo or trade mark (or any marks which are colourably similar) without our express permission.

It's fine for you to link to eu.topshop.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:

• Contact 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.

RetailADR is an Alternative Dispute Resolution provider to which Topshop 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 https://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 https://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 Topshop. Once RetailADR have completed an initial assessment of your complaint they refer it to Topshop to request a response within 28 days. 

Should you have any questions, RetailADR has a dedicated online Support Centre which operates Monday to Friday, 9.00am-5:30pm, and is on hand to provide information and assistance to consumers who require information about its complaint handling process. This can be accessed at https://support.cdrl.org.uk/.

You can save and print these terms if you need to.

If you breach any of these Ts&Cs, ASOS reserves the right to suspend or terminate your account.

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.

These terms and our dealings with you are subject to English law and the exclusive jurisdiction of the English courts.