What are the website's terms and conditions?

Updated on 13th June 2014

 

What are the website's terms and conditions?

 

We have recently updated our terms and conditions in accordance to the Consumer Rights Directive (CRD). Please click here for more details.

 

ABOUT OUR TERMS AND CONDITIONS

This page provides information about who we are and the legal terms and conditions that may apply to your use of marksandspencer.com and any product or service you order from us.

To help you find the information you are looking for, we have divided these Terms and Conditions into 4 sections. These are:

 

View information about M&S

A. Information about Marks & Spencer: You can find out how to get in touch with us or view our registered company details here

View our
Website Terms of Use

B. Website Terms of Use: You can view the legal terms and conditions that apply when you access, browse and use marksandspencer.com here

View our
General Terms and Conditions of Sale

C. General Terms and Conditions of Sale: You can view the legal terms and conditions that apply to any product or service that you order from marksandspencer.com here

View our
Privacy and Cookie Policy

D. Privacy and Cookie Policy: You can learn what personal information marksandspencer.com collects and uses about you when you access, browse and use this website (including registering with this website) and see what rights you have to control our use of your personal information here




WEBSITE HELP

In addition to our legal terms and conditions, you may also find it helpful to visit the
Help section of our website. Here you will find useful information on our delivery charges, delivery timescales, and returns policy, (as well as helpful information relevant to other questions you may have.


PART A: INFORMATION ABOUT MARKS & SPENCER

This website is owned and operated by Marks and Spencer plc a company registered in England and Wales (company registration number 214436) whose registered office is at Waterside House, 35 North Wharf Road, London, W2 1NW. Our registered VAT number is 232 128892. Unless we say otherwise, we use the terms "M&S", "Marks & Spencer", "we" and "us" on this website to refer to Marks and Spencer plc throughout the website terms and conditions, which include the Website Terms of Use, Privacy & Cookie Policy and our General Terms and Conditions of Sale (“Website Terms”).

If you want to ask us anything (whether about our products and services, this website, any of our terms and conditions or otherwise), then please contact us.


PART B: WEBSITE TERMS OF USE

The Website Terms apply to your use of the M&S website at
www.marksandspencer.com (the "Website") and to any order you place on the Website. The Website Terms apply regardless of how you access the Website, including any technologies or devices by which M&S makes the Website available to you at home, on the move or in store. You must read these Website Terms carefully, and we recommend that you print and keep a copy for your future reference. By accessing, browsing, using, registering with, or placing an order on the Website, you confirm that you have read, understood and agree to these Website Terms in their entirety. If you do not agree to these Website Terms in their entirety, please do not use this Website.

If you are a corporate customer please see our corporate terms and conditions.
 

All legal notices on this Website which relate to your use of the Website together with all applicable terms and conditions and our Privacy Policy govern your use of this Website. 


YOUR USE OF THIS WEBSITE

You may only use this Website for lawful purposes and you may not use it in a way that infringes the rights of anyone else or that restricts or inhibits anyone else's enjoyment of the Website.

You may not, without our prior written consent, copy, reproduce, crawl, frame, republish, download, print, post, distribute, re-post, broadcast, record, transmit, edit, communicate to the public, link to, deep-link into, or distribute in any way the web pages or materials on the website or the computer codes or elements comprising the Website other than solely for your own personal or internal business use. You may not use the content of the Website for any commercial purposes whatsoever.


USE OF THIS WEBSITE FROM OUTSIDE THE UK

Except where otherwise specified on this Website, the materials on this Website are displayed solely for the purposes of promoting Marks & Spencer's products and services available in the UK. However Marks & Spencer may accept orders for delivery to locations outside of the UK subject to customs, legal, regulatory and certain practical restrictions. Those who choose to access this Website from locations outside the UK or place orders for delivery to locations outside the UK are responsible for compliance with local laws if and to the extent local laws are applicable.


OWNERSHIP OF RIGHTS

All rights, including copyright and other intellectual property rights, in and to this Website are owned by or licensed to M&S.

Your use of the Website and its contents grants no rights to you in relation to our intellectual property rights, or that of third parties, in the Website or its contents. By submitting information (other than your personal data), text, photos, graphics or other content to the website you confirm that you have the right to use the same and grant us a right to use such materials at our own discretion (with or without accreditation) in any media including, without limitation, to edit, copy, reproduce, disclose, post and remove such materials from the website.

You further agree to execute all such documents and do all such acts and things as we may reasonably require in order to assign any such rights to us and to waive any moral rights you acquire in or to the Website.


GUIDELINES FOR GIFT MESSAGES, PRODUCT REVIEWED AND QUESTION and ANSWER

Please read and understand the below before providing a gift message, posting a product review or any other user generated content on our Website or social media sites.

Ownership of Submissions

Other than personal data (which is subject to our Privacy and Cookie Policy) all comments, gift messages, blogs, feedback, suggestions, questions, ideas, artwork, images, product or marketing ideas and any other submissions disclosed, submitted or offered to M&S on or through the website or otherwise disclosed, submitted or offered by you (collectively, “Submissions”) shall become and remain the property of M&S once submitted. You must comply with the content standards set out in these terms. You warrant that you own or have the right to use any Submissions and that your Submissions will comply with these standards and guidelines.

Gift message service

If you use the gift message service, you acknowledge and agree that the gift message service is provided for your own personal and non-commercial use only. You are entirely responsible for the text and other content of your gift message and M&S accepts no liability for any such content and you will follow the rules for submissions. We have the right to refuse to send messages and to terminate access to the gift message service at any time and without liability to you.

Social networking sites

These terms also govern any Submissions you make on any M&S related third party website or page such as our Facebook page, Twitter, Pinterest, YouTube or social networking site. All comments, images, videos and any other type of material posted on any third party social networking site do not necessarily reflect the opinions or ideas of M&S or its employees and M&S is not responsible for any such content. In any event, all material posted on any third party social networking site must comply with these terms and the third party social networking sites’ Terms of Use, as applicable.

Intellectual Property Rights

A disclosure, submission or offer of any Submissions and your agreement to these terms and conditions shall constitute an assignment to M&S of any intellectual property rights. Whenever you make use of a feature that allows you to upload material to our site, including questions, or to make contact with other users of our site or to make Submissions on any M&S related third party website or page, you must comply with the content standards set out below and these terms. Any third-party advertising on M&S pages of third party social networking sites are not the responsibility of, or endorsed by M&S. All rights, including copyright on M&S pages are owned by or licensed to M&S. Any use of any M&S social networking pages or their contents, including copying or storing them in whole or in part, other than for your own personal, non-commercial use is prohibited without the permission of M&S. By making a Submission you confirm that the Submission is your own and that the content does not infringe the material, trade marks or intellectual property of others.

Confidentiality

Any material you upload to our Website will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any material in the Submissions for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our site or any M&S related third party social networking site constitutes a violation of their intellectual property rights, or of their right to privacy. We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our Website. We have the right to remove any Submissions you make on our Website if, in our opinion, such Submission does not comply with the content standards set out below.

Rules for Submissions

You must be 18 years of age or older and registered to post a submission. Suppliers or manufacturers are not eligible to post a submission.

Please be polite and only write in English (or the applicable language for the M&S Website on which you are posting a submission). If you require an immediate response from us or have a comment about our service please contact us directly for a quicker response.

Submissions should not include:

  • profanity, blasphemy, spiteful, racist, sexually explicit, sexually gratuitous or discriminatory comments or content that might be considered to be harassment, abuse or threats against the personal safety or property of others
  • comments about other reviewers or bloggers
  • remarks that repeat criminal accusations, false, defamatory or misleading statements
  • material which impersonates others or personal information about anyone, including yourself, such as phone numbers, postal addresses or credit card numbers
  • spam or advertising
  • third party brand names or trade marks
  • HTML code, computer script or website URLs
  • availability, price or alternative ordering or delivery information
  • information about M&S suppliers or manufacturers

M&S, in its absolute discretion, reserves the right to not publish the Submission or remove it, take any appropriate action if deemed necessary or remove reviews which relate to seasonal products which are no longer in season.

Please let us know if you see any Submissions which do not comply with our rules.

Accuracy of content

To the extent permitted by applicable law, M&S disclaims all representations and warranties, express or implied, that content or information displayed in or on this Website is accurate, complete, up-to-date and/or does not infringe the rights of any third party.


The views expressed in user generated content are the opinions of those users and do not represent the views, opinions, beliefs or values of M&S or any of its group companies.

Damage to your computer or other device
 

M&S uses reasonable efforts to ensure that this Website is free from viruses and other malicious or harmful content. However, we cannot guarantee that your use of this Website (including any content on it or any website accessible from it) will not cause damage to your computer or other device. It is your responsibility to ensure that you have the right equipment (including antivirus software) to use the Website safely and to screen out anything that may damage or harm your computer or other device. Except where required by applicable law, M&S shall not be liable to any person for any loss or damage they suffer as a result of viruses or other malicious or harmful content that they access from or via the Website.

Links to other websites

We have placed links on this Website to other websites we think you may want to visit. We do not vet these websites and do not have any control over their contents. Except where required by applicable law, M&S cannot accept any liability in respect of the use of these websites.

Exclusions of liability

We exclude all representations, warranties, conditions and terms (whether express or implied by statute, common law or otherwise) to the fullest extent permitted by law. We accept no liability for any losses or damages which are not reasonably foreseeable arising out of or in connection with these Website Terms or your use of the Website.


Password/account security

You are responsible for maintaining the confidentiality of your password and account and any activities that occur under your account. Marks & Spencer shall not be liable to any person for any loss or damage which may arise as a result of any failure by you to protect your password or account.

These exclusions shall be governed by and construed in accordance with English law. If any provision of these disclaimers and exclusions shall be unlawful, void or for any reason unenforceable then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.

Nothing in these Website Terms shall exclude or limit our liability for personal injury or death caused by our negligence. In addition, these Website Terms shall not limit or exclude any other liability that we are not permitted to limit or exclude under applicable law.

Other legal notices

There may be legal notices on other areas of this Website which relate to your use of the Website, all of which will, together with these Website Terms govern your use of this Website.

Third party rights

Only you and M&S shall be entitled to enforce these Website Terms. No third party shall be entitled to enforce any of these Website Terms, whether by virtue of the Contracts (Rights of Third Parties) Act 1999 or otherwise.

Entire Agreement

These Website Terms set out the entire agreement between you and us and supersede any and all prior terms, conditions, warranties and/or representations to the fullest extent permitted by law.

Law, jurisdiction and language

Any matter that arise out of your use of this Website (including any contract entered between you and us through the Website) shall be governed by the laws of England and Wales and subject to the exclusive jurisdiction of the courts of England and Wales. All contracts shall be concluded in English.

Changes to these Website Terms

We reserve the right to change and update these Website Terms from time to time and recommend that you revisit this page regularly to keep informed of the current Website Terms that apply to your use of the Website. By continuing to access, browse and use this Website, you will be deemed to have agreed to any changes or updates to our Website Terms.

PART C: GENERAL TERMS AND CONDITIONS OF SALE

These general terms and conditions of sale ("General Terms and Conditions of Sale") apply to any order you place through
www.marksandspencer.com (the "Website"). These General Terms and Conditions of Sale apply regardless of how you access the Website, including via any technologies or devices by which M&S makes the Website available to You at home, on the move or in store. You must read these General Terms and Conditions of Sale carefully. By placing an order through the Website, you confirm that you have read, understood and agree to these General Terms and Conditions of Sale in their entirety. If you do not agree to these General Terms and Conditions of Sale in their entirety, you must not order any product or service through the Website.

Opening an account and placing an order
Acceptance of your order
Payment
Delivery and Collection
Changes to your order
Your right to cancel
Our goodwill refund policy
Returns to store
Substitution
Free delivery on orders over £50
Product and service description
Age restricted products
Product guarantees
Gift cards and e-gift cards/voucher codes
Gift experience days
Other M&S services
Liability
Assignment, waiver and third party rights

Opening an Account and Placing an Order

When placing an order with us you need to open an account with us and provide us with some compulsory personal information.

Please see our Privacy and Cookie Policy for more information on how your personal information will be used.

You confirm that all information and details provided by you to us (including on registration) are true, accurate and up to date in all respects and at all times. You can update or correct your details at any time by going to Your Account.

When you create an account we may provide you with and/or ask you to use passwords or other means to allow you to access certain areas of the Website and/or to maintain your account security. It is your responsibility to maintain the confidentiality of your password and account information. M&S shall not be liable to any person for any loss or damage which may arise as a result of any failure by you to protect your password or account. Should you become aware of or suspect any unauthorised use of your password or account please contact us.

Acceptance of your order

Please note that completion of the online checkout process does not constitute our acceptance of your offer to purchase products or services from us. Our acceptance of your order will take place only when we despatch the product(s) or commencement of the services that you ordered from us.

We will notify you by email as soon as possible to acknowledge that we have received and are processing your order. The duration of our contract with you will start from when you order and we take payment and dispatch the products, until the last day of your right to cancel.

In relation to orders for flowers, plants and fruit baskets amendments and cancellations can be accepted until your order is prepared for despatch. Amendments can be made online through “Your Account” or by calling us on 0333 014 8000.

If we cannot supply you with the product or service you ordered, we will not process your order, inform you of this in writing (including email) and, if you have already paid for the product or service, refund you in full as soon as reasonably possible.

Payment

During the checkout process, you will be asked to enter your payment details. By completing your payment details you confirm that the credit or debit card being used is yours. All fields indicated as compulsory must be completed. Please note that we may collect and store your information, using an encrypted secure payment mechanism and will only use your information in accordance with our Privacy and Cookie Policy.

All card payments are subject to authorisation by your card issuer. We take payment immediately for most products save for Food to Order, where in most circumstances, we take payment at the earliest order deadline for the products you have ordered. In some instances we will require the payment of a non-returnable deposit and payment of any balance on collection in store.

All products ordered will remain the property of M&S until we have delivered the products to the address specified by you or they have been collected in store. If your payment is not received and you have already received the products you ordered from us, you must pay for or return those products to us in accordance with our reasonable return instructions and in the same condition that you received them at your own expense. If you do not do this within 30 days of the date on which we cancel your order, we may collect or arrange for collection of the products at your expense. We reserve the right to charge you for any and all damage to (or other adverse interference with) any products that are the subject of an unpaid order.

Please note that for Wine Club subscriptions you consent to our holding and using your credit card or other card details for the purpose of obtaining payment for each case of wine whilst you are on the Plan.

Delivery and Collection
Delivery (including delivery charges and timescales)


Delivery charges and timescales vary depending on the type of products ordered, the service you select and the delivery address. You’ll find full details of our delivery charges here.

Please note that certain products and services may be subject to alternative delivery charges, restrictions and/or timescales. In particular:

  • Furniture can only be delivered within the UK mainland and Northern Ireland and a signature will be required on receipt (orders for furniture to the Isle of Man may only be placed at our Douglas, Isle of Man store and a delivery charge of £100 per order is payable). Our Home Delivery company will contact you to book a delivery date within 2-3 days of your placing an order. If you postpone your delivery within 5 days of the agreed date a re-arrangement charge of £50 will apply. If you are unable to accept the delivery offered or you wish us to hold your order for a period of time, we can provide a storage service at a cost of £25 per week. Where we offer an assembly service (on certain furniture products) our crew must have normal ground floor access and the route and the room must be large enough to accommodate your order. If the product does not fit into your home, it will be classed as a cancelled order and costs will be incurred by you. The crew will ask you to inspect your items carefully before signing for delivery and any assembly. If you’re dissatisfied for any reason, please inform the crew. Where you have been offered our bed disposal service (whereby we remove and dispose of your old bed on delivery of your new bed) provision of this service is conditional upon the product having been disassembled prior to our collection and not being infested, wet or heavily soiled. Some furniture products will be delivered to your door and left packaged. Some products may require self-assembly (instructions will be provided). These products are identifiable as you will be able to book delivery online. Delivery is arranged by phone for other furniture items. A signature on receipt will be required.
  • Orders for flowers, plants and fruit baskets received by 6pm (1pm for fruit baskets) will be delivered the next day (except Sundays and bank holidays) to most UK addresses, Monday to Saturday 7.00am to 7.00pm (at peak times we may require orders to be place earlier). Amendments and cancellations may be accepted before your order is prepared for despatch. At peak times we may set final amendment dates. The earliest delivery date for orders placed on Sunday will be the following Tuesday. Deliveries to the Isle of Man, Northern Ireland and some Scottish addresses will take 48 hours and we are unable to deliver on Mondays. For these regions, orders placed on Sunday will be delivered on Wednesday. We cannot deliver flowers to British Forces Post Offices. Hospital deliveries are delivered to the reception or post room only and we cannot guarantee they will be accepted. Please check the hospital’s policy before placing your order.
  • Chilled hampers cannot be delivered to British Forces Post Offices, PO boxes, Scottish Highlands and Islands, Isle of Wight, Northern Ireland, Scilly Isles, Channel Islands or overseas. You must ensure that the recipient or another person will be available to take receipt of the delivery. We are unable to make a second delivery attempt due to the perishable nature of the component products.
  • Wine Club Subscriptions can be delivered to most UK addresses (excluding the Channel Islands) Monday to Saturday, 7.30am to 6pm. Deliveries to Isle of Man, Northern Ireland and some Scottish addresses will take 48 hours longer. We cannot deliver to PO Box addresses or BFPO boxes.


Delivery will be to the UK or international address or store specified in your order. If no one is available at a residential or other address at the time of delivery, a note will be left to advise whether your order has been left in a safe place e.g. with a neighbour, or returned to depot.

Free delivery applies within the UK for clothing, home and beauty from marksandspencers.com when you spend £50 or more online in a single order delivered to a single address. Offer excludes furniture, gift cards and Made to Measure shirts. The basket value is calculated inclusive of any other promotions.

All risk in the products you order (including risk of loss and/or damage to the products) shall pass to you when they are delivered to the delivery address specified in your order.

We shall be under no liability for any delay or failure to deliver products if the delay or failure is wholly or partly caused by circumstances beyond our control.

In the UK, delivery charge refunds can only be made in accordance with your legal rights under the Consumer Protection (Distance Selling) Regulations 2000 and other applicable legislation. Similar rights may apply for some international deliveries. For further information about your legal rights see “Your Right to Cancel” section below and contact your local authority Trading Standards department or consumer advice centre (for example the Citizen’s Advice Bureau for UK customers).

Collection from Store
You will need to bring a printout of your order confirmation (and deposit receipt where applicable) when you collect your order. We’ll be in touch when your order is ready to be collected from your chosen store. Food orders can be collected anytime on your collection date. All other orders can be collected from 12pm.

International Delivery

Due to customs, legal, regulatory and certain practical restrictions applicable to orders placed for international delivery, some of our products may not be available for delivery to certain destinations outside the UK. M&S reserves the right to define what can and cannot be delivered to which destination.

Payment - Purchases will be made in Pounds Sterling. International credit card providers or banks will determine the exchange rate and may add an additional processing or administration charge in relation to such payment which international credit card holders will be liable to pay.

Marks & Spencer products are sold on a delivery duty unpaid basis. The recipient may have to pay import duty or a formal customs entry fee prior to or on delivery. Additional taxes, fees or levies may apply according to local legislation and customers are required to check these details before placing an order for international delivery.

You’ll find more information on international delivery, returns and refunds, and VAT delays in our
help section.

Delays

Where the supply of your product(s) or service(s) is delayed or prevented for reasons beyond our control (for example, material shortages, import delays or higher than anticipated demand) we will make every effort to keep you informed but shall be under no liability to you for such delay or failure.

Changes to your order

Any changes to your order must be notified to us in writing and within a reasonable time. If you amend or change your order you may find there are changes to your delivery timetable and / or the price you pay for the item (you will be charged the current selling price on the day you amend your order).

You can change your order up until the evening before we start making it. This means up until: 2 days before collection for sushi and sandwiches, 5 days before collection for most mains, desserts, salads and platters, 7 days before collection for personalised cakes, 21 days before collection for wedding cakes. We'll confirm your collection date when you place your order. To make any changes to your order, please call us on 0333 014 8222 (lines are open 8am-7pm every day).


Your right to cancel

If you are contracting with us as a consumer online or by phone, you have the right to cancel (under the Consumer Rights Directive 2011/83 as implemented in the applicable EU member state ("CRD")), all or part of your contract at any time up to 14 calendar days after the day on which you receive the goods or services you ordered. Any paid delivery charge will be included in your refund once we have received all (not part) of your order to the specified address below. Please note the delivery charge refund will be to the value of standard delivery. M&S will process your refund with 14 days of receipt of the products, to the specified address. You must take reasonable care of the goods while in your possession and they must be returned to us before we can issue your refund.

 

Specified Returns Address:

PO Box 672

Warrington

Cheshire

WA1 4WA

 

For further information about your statutory rights, contact your local authority Trading Standards department or consumer advice centre (for example the Citizen’s Advice Bureau if you are in the UK). If you are a non-EU customer, please see our international returns policy.

If you wish to cancel (or are considering cancelling) a product or service you have ordered from us, please be aware of the following terms that apply:

  • Applicability of cancellation rights: Legal rights of cancellation under the CRD available for UK or EU consumers do not apply to certain products and services (for example, made to measure orders, flowers, plants, fruit baskets, lingerie (for hygiene reasons), food, gifts and personalised items), any products with a seal where the seal is broken.
  • Damaged or incorrectly supplied products: You should check all products you receive against your order. If the products you receive are damaged or incorrectly supplied on delivery then you must note the details of any damage or error in supply on the delivery documentation or if you are unable to view the items on receipt, you must inform us (by post, phone or email only) within a reasonable period of time. You must return the products to us as soon as possible after informing us that the products are damaged or have been incorrectly supplied.
  • Damage during the course of returning products: If you choose to return any products to us, we will not be responsible for any loss or damage to them in transit and, for this reason, we recommend that you use a recorded delivery service. If returned products are lost or damaged in transit, we reserve the right to charge you (or not to refund any amounts attributable to) such loss or damage.
  • Other cancelled products: If you want to cancel products that are not damaged or incorrectly supplied, then you must inform us of this within 14 calendar days the day after you receive the goods or services in accordance with the CRD or otherwise as soon as possible. You must take reasonable care of the products that you wish to cancel. Products should be returned in or with their original packaging or in the case of furniture, collection arrangements made, promptly at your cost (currently a charge of £50) which will be notified to you at the time of cancellation.

This is not intended to be a full statement of all your rights under the CRD. Full details of your rights under the CRD are available in the UK from your local Citizens’ Advice Bureau or your Local Authority’s Trading Standards Office.

In the case of damaged or incorrectly supplied goods, we may offer you a replacement product. Any refunds given by us will be made to the debit/credit card account or by cheque (as applicable)  provided when you placed your order and will be subject to our right to withhold amounts for products which are damaged on return or for which we arrange collection, as outlined above.

Where we deliver products to a third party in accordance with your order, you will only be able to exercise this cancellation right if you can return the goods to us (or arrange for us to collect them).

For further details about how to exercise your cancellation rights, please see the
Returns and Refunds section of the Help pages to this Website.

Our Goodwill Refund Policy

Christmas returns policy - From 5th September 2014 to 14th December 2014 we will be extending our returns policy  for items accompanied by a receipt. The last date for returning items purchased during this period will be 17th January 2015. Please note that items purchased after 14th Decemeber 2014 will be subject to our Goodwill refund policy (35 days).


Our “goodwill” refund policy does not affect your legal rights under the CRD or other legislation.

Our “goodwill” refund or exchange policy (where there is no legal right to a refund or exchange under the CRD or otherwise) is offered on clothing and homeware when goods are returned in a resalable condition with a receipt or parcel summary document within 35 days of purchase.

Exclusions to "goodwill" refund policy: Toiletries, cosmetics, bra accessories, earrings for pierced ears, food, wine, gift cards, gift vouchers, furniture, flowers, plants, lingerie, Lunch to You, opened bedding, the gift wrap service and made to measure items such as cushions, curtains and shirts. Bra accessories include straps, tape, nipple covers and silicone enhancers. These items can only be refunded or exchanged in accordance with your legal rights and any other terms provided to you at the time of purchase.

Most eligible products can be returned to UK stores (apart from Simply Food and Outlet stores, service and railway stations) or by post. When items are returned by post, the credit adjustment is made to the credit, debit, charge card account or gift card used as payment for the original order and in some circumstances you may be refunded by cheque. Gift items will be refunded as a dated credit receipt. See credit receipt for validity dates. Fine jewellery, adults' fancy dress costumes and wedding dresses can be returned by post only.

Furniture: If you wish to make any changes to your furniture order you must notify us in writing. If you amend or change your order, you may find there are changes to your delivery timescale and/or the price you pay for the item (as you’ll be charged the current selling price on the day you amend or cancel the order). Once you have taken delivery of your furniture, we will only give refunds in accordance with your legal rights, for example, if the goods are not fit for purpose or as described. Our furniture customer service team can be contacted on 0333 014 8111.

Food to Order: In the event of non-collection or late cancellation (i.e. after the applicable "order by" deadline) of your order, M&S reserves the right to retain a proportion of the total value of the food order to cover costs.

If you choose to return any products to us, we will not be responsible for any loss or damage to them in transit and, for this reason, we recommend that you use a recorded delivery service. If returned products are lost or damaged in transit, we reserve the right to charge you (or not to refund any amounts attributable to) such loss or damage.

Returns to Store

Certain products, such as fine jewellery, wedding dresses and adults’ fancy dress, and any other products as notified at the time, cannot be returned, exchanged or refunded in any of our stores. Unwanted products must be returned in or with their original packaging using the Royal Mail pre-paid postage label. Please take the parcel to any post office and obtain a receipt as proof of purchase.

Substitution

For certain products and services (for example, flowers and food) we reserve the right to substitute alternative products or services of equal or greater quality and value at no extra cost to you if we experience supply difficulties.

However, where this is the case, you will always have the right to accept or refuse any products or services that we substitute. If you choose to refuse any alternative product that we have substituted, we will offer a refund or replacement.

Free delivery on orders over £50

Free delivery applies within the UK for clothing, home and beauty from marksandspencers.com when you spend £50 or more online in a single order delivered to a single address. Offer excludes furniture, gift cards and Made to Measure shirts. The basket value is calculated inclusive of any other promotions.

Product and service descriptions

We have taken reasonable precautions to try to ensure that prices quoted on the Website are correct and that all products have been fairly described. However, when ordering products or services through the Website, please note that:

  • orders will only be accepted if there are no material errors in the description of the goods or services or their prices as advertised on this Website;
  • all prices are displayed in pounds Sterling inclusive of UK VAT where applicable (except for our International Deliveries, please see the International Delivery section below for further detail) unless expressly indicated otherwise
  • packaging may vary from that shown on the Website;
  • the weights, dimensions and capacities shown on the Website are approximate only;
  • whilst we try to display the colours of our products accurately on the Website, the actual colours you see will depend on your monitor and we cannot guarantee that your monitor's display of any colour will accurately reflect the colour of the product on delivery
  • Food to Order products shown may not be actual size. Any garnish, decoration, serving dishes or utensils are not included unless stated in the product description. The number of servings given is for guidance only.
  • all items are subject to availability. We will inform you as soon as possible if the product(s) or service(s) you have ordered are not available and we may offer alternative product(s) or service(s) of equal or higher quality and value.

Age restricted products

The purchase of certain products and services made available on the Website are subject to age requirements specified by law. We are not permitted by law to supply these products or services to individuals who do not satisfy these age requirements and, if you are underage, you must not attempt to order these products or services through the Website.

In particular, please note that age restrictions apply in the UK to the purchase of the products and services listed below. By placing an order for any of the following products or services you confirm that you (and, if different, the recipient of the product and/or service) satisfy the age requirements necessary to buy that product or service:

  • Knives (including sheath knives, all kitchen/cutlery knives) or bladed articles. Knives and bladed items can only be purchased by, and for, individuals aged 18 and over.
  • Alcohol. Alcohol can only be purchased by, and for, individuals aged 18 and over.
  • Videos and DVDs. Videos and DVDs can only be purchased by, and for, individuals who satisfy the British Board of Film Classification or other age classification criteria applicable to the relevant video or DVD. Videos and DVDs can only be purchased by, and for, individuals who satisfy these age classification criteria.
  • Christmas crackers. Christmas crackers can only be purchased by, and for, individuals aged 12 and over.
  • Liqueur chocolates. Liqueur chocolates can only be purchased by, and for individuals aged 16 and over.

Product Guarantees

  • Technology products: M&S stopped selling technology products October 2012. All of our technology products sold and delivered in the UK were guaranteed for 2 years, except large televisions (26” screen and over), which were guaranteed for 5 years from the date of purchase. If you have any queries about your technology product please see this FAQ.
  • Luggage: All of our value luggage products (as identified) are guaranteed for three years and all other luggage products are guaranteed for five years against faulty workmanship where they are sold and delivered within the UK. Leather bags are excluded from this guarantee. This guarantee does not cover damage due to overloading, airline damage, accident, neglect or normal wear and tear. Where a fault occurs within the guarantee period please take your luggage back to any M&S store (except Outlet stores and Simply Food stores at service stations, railway stations or airports) with your parcel summary or receipt, as proof of purchase. This guarantee is in addition to and does not affect your legal rights.

Gift Cards and E gift cards/voucher codes

Gift Cards and E-gift Cards/Voucher codes:

  • may be used to purchase goods of a higher price than the amount on the card, on payment of the difference.
  • cannot be exchanged for cash or used to pay for M&S Bank services, products or outstanding card balances, made to measure shirts, domestic appliances, personalised cards or M&S Energy or to buy another gift card or e-gift card.
  • can be used in all M&S stores in the UK and the Channel Islands, including Outlet, railway, motorway and airport stores but not in BP Connect stores
  • are valid for 24 months from the last transaction (transactions include balance enquiries). Any remaining balance will be cancelled on expiry of the validity period.
  • cannot be returned or refunded, except in accordance with your legal rights, for example in the event they are not of satisfactory quality.
  • should be treated as cash, M&S will not accept liability if lost, stolen or damaged.

Gift cards only:

  • You can pay using a UK M&S gift card in our Paris, ROI and Channel Island stores. You can also use a gift card bought in our Paris store to pay in any of our UK stores.
  • where purchased in the Republic of Ireland and the Channel Islands can be used in UK stores. Where necessary, our systems will convert Euro card balances to Sterling using a regularly updated exchange rate.
  • can be activated with a minimum balance of £1 or 1 Euro and have a maximum limit of £1000 or the equivalent in Euros. Cards can be topped up (in stores) to the maximum value limit.

E gift cards/voucher codes only:

  • have a maximum value limit of £1000 and can be topped up to this limit.
  • can be redeemed online at marksandspencer.com or one of our other websites (subject to the e-gift card/voucher code terms and conditions).

Gift Experience Days

M&S stopped selling Experience Days September 2013. Please check about the terms of redemption of your Experience Day if you have any queries.

Other M&S services

M&S has partnered with certain trusted third parties to make available certain additional services and third party products and services to you. Each third party microsite has its own terms and conditions and privacy policy. We may also place links on this Website to other websites. We do not vet these websites and do not have any control over their contents. Except where required by applicable law, M&S cannot accept any liability in respect of the use of these websites.

  • Made to Measure Shirts terms and conditions
  • M&S Energy terms and conditions
  • M&S Wine Club terms and conditions
  • For outlet terms and conditions please visit M&S Outlet
  • The M&S Lunch to You service is offered under partnering arrangements with a third party under its own terms and privacy policy. See the Lunch to You terms and conditions here.  
  • Any company, partnership, individual or other legal entity (“you”) purchasing gift vouchers or other stored value instruments (“Vouchers”) from M&S does so as a corporate customer. More information about Your M&S for Business can be found here: Your M&S for Business FAQs.

Liability

There are certain liabilities which we cannot exclude by law and nothing in these General Terms and Conditions limits our liability for personal injury or death caused by our negligence or for fraud.

You have certain rights as a consumer, including legal rights relating to faulty or misdescribed goods. For further information about your legal rights in the UK, contact your local authority Trading Standards Department or Citizen’s Advice Bureau. Nothing in these General Terms and Conditions will affect these legal rights and, in particular, we will perform our obligations under these General Terms and Conditions with reasonable care and skill.

Any products we supply to you will be of satisfactory quality. If we deliver a product to you that is not of satisfactory quality, you can contact us for a repair or replacement or, where this is not possible, for a refund.

We are only responsible for losses that are a natural, foreseeable consequence of our breach of these General Terms and Conditions. We will not be liable to you if we are prevented or delayed from complying with our obligations under these General Terms and Conditions by anything you (or anyone acting on your behalf) does or fails to do or due to events which are beyond our reasonable control.

You must follow any advice we give you to keep products we supply to you safe (including any instructions or product manuals provided with the products). We cannot accept liability for damage to products we have supplied which is caused by your failure to follow this advice.

In any event we will not be liable for any losses related to any business of yours including (without limitation) lost data, lost profits, lost revenues or business interruption.

Assignment, waiver and third party rights

We may update or amend these General Terms and Conditions of Sale from time to time to comply with law or to meet our changing business requirements without notice to you. Any updates or amendments will be posted on the Website.

You may not assign or sub-contract any of your rights or obligations under these General Terms and Conditions of Sale to any third party unless we agree in writing.

We may assign, transfer or sub-contract any of our rights or obligations under these General Terms and Conditions of Sale to any third party at our discretion.

No relaxation or delay by us in exercising any right or remedy under these General Terms and Conditions of Sale shall operate as waiver of that right or remedy or shall affect our ability to subsequently exercise that right or remedy. Any waiver must be agreed by us in writing.

If any of these General Terms and Conditions of Sale are found to be illegal, invalid or unenforceable by any court of competent jurisdiction, the rest of these General Terms and Conditions of Sale shall remain in full force and effect.

Only you and we shall be entitled to enforce these Terms of Sale. No third party shall be entitled to enforce any of these Terms of Sale, whether by virtue of the Contracts (Rights of Third Parties) Act 1999 or otherwise.

These General Terms and Conditions of Sale are governed by the laws of England and Wales and any disputes shall be subject to the exclusive jurisdiction of the courts of England and Wales.


PART D: Privacy and Cookie Policy

Our Privacy and Cookie Policy explains what personal information we collect about you when you use the Website, and you can view our Privacy and Cookie Policy
here. You can also read about M&S’ accessibility policy here. Please note that when you agree to these Website Terms you shall be deemed also to have read, understood and agreed to our Privacy and Cookie Policy in its entirety.

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