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What are the website's terms and conditions?

Updated on 23rd October 2017.

We have recently updated our terms and conditions in accordance to the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (the "Regulations"). 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 5 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

B. Website Terms: 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 Legal Terms

D. Legal Terms: You can view the legal terms and conditions that apply to these Terms and Conditions here. 

View our
Privacy and Cookie Policy

E. 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

Please read these Terms and Conditions and the Privacy and Cookie policy carefully before you start to use the Website. 

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 our Website Terms, General Terms and Conditions of Sale, Legal Terms and Privacy & Cookie Policy (“Terms and Conditions”).

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

The Terms and Conditions apply to your use of the M&S website at www.marksandspencer.com (the "Website") and to any products you purchase from M&S. The Terms and Conditions 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 Terms and Conditions 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 Terms and Conditions in their entirety. If you do not agree to these Terms and Conditions 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 and Cookie 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 Website 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 Website 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 Website Terms 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 Website 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 Website 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. 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:

  • abusive, offensive or otherwise inappropriate language;
  • 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, promotions or alternative ordering or delivery information
  • information about M&S suppliers or manufacturers
  • an unsupported claim about the product producing an effect other than that for which it is indicated
  • references to seasonal products which are no longer in season
  • references to any products other than the product to which the Submission relates.

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 do not comply with the rules above.

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.

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 and any products you purchase from M&S in store.

IN STORE PURCHASES

Our Goodwill Refund Policy

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

Our “goodwill” refund or exchange policy (where there is no statutory 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 valid receipt within 35 days of purchase, excluding sale items. For a refund under our goodwill policy, items must be unused, returned in the original packaging and in a re-saleable condition.

Sale policy

Our refund or exchange policy for sale items purchased in store will be made clear to you at the time of purchase.

Exclusions from the goodwill policy

The following items are excluded from our "goodwill" returns policy:

Gift cards, beauty*, food, food gifts, Food to Order, Lunch to You, earrings, wine, hampers, duvets*, pillows*, mattress protectors*, bra accessories*, made to measure orders, flowers, plants, fruit baskets, lingerie (not including bras), swimwear*, single use carrier bags, toiletries*, furniture**, non-M&S branded toys and gifts*, Non-M&S branded luggage*, kitchen electrical goods and personalised items and any products with a seal where the seal is broken. These products can only be returned in accordance with your statutory rights (for example, if they are not fit for purpose or not as described).

Some of these items may have their own terms and conditions which will be provided to you at the time of purchase.

*Please note that these products and electronic items can only be returned under our goodwill policy if they are unopened and have the security seal intact.

** Next day delivery furniture (T84 furniture) only can be returned in accordance with our goodwill returns policy. Please call 0333 014 8000 to arrange collection (T84 furniture cannot be returned to store).

WEBSITE PURCHASES

In respect of orders placed through 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.

Please find below information regarding:

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

OPENING AN ACCOUNT AND PLACING AN ORDER

To place an order, you can open an account with us which will require you to provide some compulsory personal information. Alternatively, you can choose to place your order via the guest checkout

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. If M&S is suspicious of any fraudulent activity coming from your account, it can reserve the right to refuse you access to your account and can delete the account.

When you order through the Website via our guest checkout you will still need to provide us with certain compulsory personal information in order for us to process your order. We will not store the details that you provide via guest checkout (save for processing your order, or if you have opted in to receive marketing from us). However, you can choose to register an account with us after submitting your order. Please see our Privacy Policy to see how your personal information will be used and stored. 

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. We will notify you by email as soon as possible to acknowledge that we have received and are processing your order. Our acceptance of your order will take place only when we take payment from you and despatch the product(s) or on commencement of the services that you ordered from us. Prior to despatch of the product(s), M&S has the right to decline an order for any reason, including legal and regulatory reasons. 

The duration of our contract with you will start from when you receive the order despatch email and last until the last day of your right to return the products.

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.

If the fulfilment of an order (or any aspect of it) would be illegal or unlawful, including by reason of breach of export controls or sanctions rules, M&S has the right to stop or cease to fulfil the order at any time, including after despatch of products and/or notification to you that the order has been received and is being processed.  You acknowledge that M&S shall incur no liability in such circumstances.

 

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 full payment immediately for all products save for Christmas Food to Order, where we take an immediate deposit of 30 pounds or euros depending where you are and take the remainder of the payment on collection of the products.

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: specific terms and conditions may apply. Please see the individual product pages for details.  
  • 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.
  • Alcohol: for alcohol, we operate a “Challenge 25” policy, which means the person collecting the order or receiving delivery of the order may be asked for valid photo identification if they look under 25. 
  • Wine Club Subscriptions: specific terms and conditions apply. Please see our Wine Club Terms and Conditions for details.


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 marksandspencer.com for orders over £50 online in a single order delivered to a single address. Offer excludes wine, 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 statutory rights under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 and other applicable legislation. Similar rights may apply for some international deliveries. For further information about your statutory 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 placed on the Website 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.

Where applicable, it will be your sole responsibility to comply with any export controls or sanctions rules applicable to goods supplied to you.  

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).


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 Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (the "Regulations")), 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. This right to cancel does not apply to goods or services purchased in store.

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 that the delivery charge refund will be to the value of standard delivery.

If you wish to cancel (or are considering cancelling) a product you have ordered from us, please be aware that statutory rights of cancellation under the Regulations 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) or any products with a hygiene seal where the seal is broken.

Exercising your right to cancel

To exercise your right of cancellation, you must inform us of your decision to cancel the contract in writing within 14 calendar days after the day on which you receive the goods or services you ordered, which you can do by filling in the parcel summary when you return your order.

You must take reasonable care of the goods while in your possession. You shall send back any goods or hand them over to us, without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation from the contract to us. The deadline is met if you send back any goods before the period of 14 days has expired. You will have to bear the direct cost of returning any goods to us. In the case of wine and furniture, collection arrangements must be made promptly at your cost (currently a charge of £50 for furniture (except next day delivery (T84) furniture), see individual product pages for details).

Products should be returned in or with their original packaging. You are only liable for any diminished value of the goods resulting from the unnecessary handling of the goods in excess of what is necessary to establish the nature, characteristics and functioning of the goods.

We will process your refund with 14 days of receipt of the products to the following Specified Returns Address:

PO Box 672
Warrington
Cheshire
WA1 4WA

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).

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

For further details, please see the Returns and Refunds section of the Help pages to this Website.

OUR GOODWILL POLICY

Our “goodwill” refund or exchange policy (i.e. where there is no statutory right to a refund or exchange under the Regulations or otherwise) is offered on clothing and homeware when goods are returned with a valid parcel summary document within 35 days of receipt, excluding sale items. For a refund or exchange under our goodwill policy, items must be unused, returned in the original packaging and in a re-saleable condition.

Sale policy

For sale items purchased via our Website, we will be happy to either refund or exchange an item if you change your mind within 14 days of receipt. 

Our “goodwill” refund policy does not affect your statutory rights under the Regulations or other consumer legislation.

Exclusions from the goodwill policy

The following items are excluded from our "goodwill" returns policy:

Gift cards, beauty*, food, food gifts, Food to Order, Lunch to You, earrings, wine, hampers, duvets*, pillows*, mattress protectors*, bra accessories*, made to measure orders, flowers, plants, fruit baskets, lingerie (not including bras), swimwear*, single use carrier bags, toiletries*, furniture**, non-M&S branded toys and gifts*, Non-M&S branded luggage*, kitchen electrical goods and personalised items and any products with a seal where the seal is broken. These products can only be returned in accordance with your statutory rights (for example, if they are not fit for purpose or not as described).

Some of these items may have their own terms and conditions which will be provided to you at the time of purchase.

*Please note that these products and electronic items can only be returned under our goodwill policy if they are unopened and have the security or hygiene seal intact.

** Next day delivery furniture (T84 furniture) only can be returned in accordance with our goodwill returns policy. Please call 0333 014 8000 to arrange collection. T84 furniture cannot be returned to store.

Products lost or damaged in transit

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.


Exclusions from Returns to Store

Certain products, such as fine jewellery, wedding and bridesmaid dresses, adults’ fancy dress costumes, maternity clothing, 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 with their hangers, protective coverings, carriers and wherever possible, in the original outer 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.

Returns by post

Alternatively you may return your online order by post. Items returned by post will have to be returned at your cost unless in accordance with your statutory rights. Please see our FAQs for details.

The following products are excluded from postal returns: beauty, pillows, duvets, Christmas trees, mirrors, furniture, electrical items, lighting, food, wine, flowers, gift cards, hampers, made to measure shirts and personalised cards.

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. We may offer you a replacement product and 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 (such as furniture and wine), as outlined above.

PRODUCT SPECIFIC TERMS AND CONDITIONS

If you’d like to speak to us about your food, wine, flowers, plants, technology or a Made to Measure items, please contact us (lines open 8am-7pm every day).

Furniture: Specific terms and conditions may apply to your furniture order. Please see the individual product pages for details. To speak to us about furniture items, please find our furniture customer services number on our contact us page.

Wine Club: Specific terms and conditions will apply to your wine club subscription. Please see our wine club page for details.

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.

Technology products: M&S stopped selling technology products in 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 contact us. 

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 statutory rights.

GIFT CARDS AND E GIFT CARDS/VOUCHER CODES

Activation

  • The minimum and maximum activation amounts are as follows:

 

Minimum activation amount

Maximum activation amount

Gift cards purchased online at marksandspencer.com

£10

£500

Gift cards purchased in store

£1

£1000


Redemption

  • Gift cards and e-gift cards can be redeemed at M&S stores in the United Kingdom, ROI and the Channel Islands (including outlet, railway, motorway and airport stores, but excluding BP connect stores) and online at marksandspencer.com.
  • They 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, personalised cards, Lunch to Go,  M&S Energy or to buy another gift card or e-gift card.
  • A maximum of five gift cards or e-gift cards/voucher codes (or a combination of) can be redeemed in any one transaction online.
  • If any item purchased with a gift card or e-gift card is subsequently exchanged for an item of a lower price or refunded, any money owing will be added to the remaining balance on the card.
  • If you do not spend the entire balance on the gift card / e-gift card, the remaining balance will be updated after each transaction.  If spent in store, the remaining balance is shown on your printed till receipt.

Period of validity

  • Gift cards and e-gift cards are valid for the period which is the later of 24 months from:
    • the date of issue, or
    • the date of the last transaction (transactions include balance enquiries).  

Any remaining balance will be cancelled on expiry of the validity period.

  • Balance enquiries can be obtained online or by calling 0333 014 8777 for the UK and Channel Islands (local rates apply) or 1890 719380 for ROI (mobile rates may vary).
  • Should be treated as cash; they are not cheque guarantee, credit or charge cards. M&S will not accept liability for lost, stolen or damaged cards.

Cancellation

  • Cannot be returned or refunded, except in accordance with your statutory rights, for example in the event they are not of satisfactory quality.
  • Under the Regulations, (as outlined above), if you are contracting with us as a consumer online or by phone, you have the right to cancel all or part of your order for either a gift card or an e-gift card at any time up to 14 calendar days after the day on which you place your order, provided none of the balance has been spent. Further details are set out above. Please note that if you cancel a gift card you will not be required to return the physical gift card to M&S.

Gift cards purchased in ROI and Channel Islands

  • Gift cards 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.

Changes to the Gift Card Terms and Conditions

M&S reserves the right to amend the terms and conditions of gift cards and e-gift cards at any time and to take appropriate action, including the cancellation of the card, if, in its discretion, it deems such action necessary. This does not affect your statutory rights.

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.

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 marksandspencer.com when you spend £50 or more online in a single order delivered to a single address. Offer excludes wine, 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; and
  • 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.

LEGAL COMPLIANCE

You agree that you will not use, sell or supply any product(s) purchased from M&S in an unlawful manner and, in particular, will comply with all export controls and sanctions rules.

LIABILITY

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

You have certain rights as a consumer, including statutory rights relating to faulty or misdescribed goods. For further information about your statutory rights in the UK, contact your local authority Trading Standards Department or Citizen’s Advice Bureau. Nothing in these General Terms and Conditions of Sale will affect these statutory rights and, in particular, we will perform our obligations under these General Terms and Conditions of Sale 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 of Sale. We will not be liable to you if we are prevented or delayed from complying with our obligations under these General Terms and Conditions of Sale 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.

COMPLAINTS

If you have a complaint about a store or the customer service you received in store, you are best to raise the complaint during your visit by speaking to a manager who can deal with it appropriately. You can ask any member of store staff who will be happy to call the relevant manager. 

If your complaint is about a product, our Website or anything else, please use our customer service phone number, available on the contact us page of our Website. 

In the unlikely event that we are unable to resolve a complaint with you directly, you have the right to refer the dispute to the EU’s Online Dispute Resolution Platform at http://ec.europa.eu/odr.  If you decide to use this service, please use the following M&S email address when completing the form retailcustomer.services@marks-and-spencer.com.

PART D: LEGAL TERMS

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 Terms and Conditions or your use of the Website.

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 Terms and Conditions shall exclude or limit our liability for personal injury or death caused by our negligence or for fraud. In addition, these Terms and Conditions 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 Terms and Conditions govern your use of this Website.

Assignment and third party rights

We may update or amend these Terms and Conditions e 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 Terms and Conditions to any third party unless we agree in writing.

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

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

Waiver

No relaxation or delay by us in exercising any right or remedy under these Terms and Conditions 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.

Severability

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

Entire Agreement

These Terms and Conditions 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 arises 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 any disputes shall be subject to the exclusive jurisdiction of the courts of England and Wales. All contracts shall be concluded in English.

Changes to these Terms and Conditions

We reserve the right to change and update these Terms and Conditions from time to time and recommend that you revisit this page regularly to keep informed of the current Terms and Conditions 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 Terms and Conditions.

PART E: 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 Terms and Conditions shall be deemed also to have read and understood our Privacy and Cookie Policy in its entirety.

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