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ASOS returns tool: CRA/CCRs limits on return fees and restocking, and UK GDPR obligations for return‑rate profiling and automated decisions

Published on: 26 March 2026

Published by a LexisNexis Commercial expert
Legal News
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Article summary

Does the new returns tool unlawfully penalise consumers for exercising their right to return items?

The consumer–trader relationship sits under the Consumer Rights Act 2015 (CRA) and the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (CCRs). Under the CCRs, individuals who enter contracts by distance means (for instance, online) enjoy a right to cancel a retailer contract. In particular, a shopper may cancel an online purchase at any point within the cancellation window, although this can be subject to enhanced delivery charges, deductions for any use, the expense of sending goods back, and the price of any services supplied during that window. Ordinarily, the period for cancelling is 14 days (though some businesses do allow longer return timeframes). When a cancellation is made, the retailer must return any sums paid by the customer, including standard delivery charges (but excluding any enhanced delivery costs). As for the ASOS fees, ASOS can lawfully require customers to cover the cost of returning items, provided this was communicated before the contract was formed. Yet what about restocking charges? This right covers distance contracts, including online purchases, and lasts for the cancellation period set by the law or extended by retailers...

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