TERMS & CONDITIONS

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 the Marks and Spencer website and any product or service you order from us.

To help you find the information you are looking for, we have divided Terms & Conditions into 6 sections. These are:

M&S-branded third party microsites

Marks & Spencer has partnered with certain trusted third parties to make available certain additional third party products and services to you. Each third party microsite has its own Terms & Conditions.  For more information, read our Privacy Policy.

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. Marks and Spencer plc is a company registered in England and Wales (company registration number 214436) whose registered office is at Waterside House, 35 North Wharf Rd, 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 page to refer to Marks and Spencer plc (including throughout the Website Terms and Conditions, the General Terms and Conditions of Sale, the Additional Terms and Conditions of Sale and the Corporate Ordering Terms and Conditions of Sale).
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 click here to contact us.

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PART B: WEBSITE TERMS AND CONDITIONS

These website terms and conditions ("Website Terms") apply to your use of the Marks & Spencer website at www.marksandspencer.com (the "Website"). 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 or registering with 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, you must not use this Website.

Privacy Policy

These Website Terms supplement (and are in addition to) the terms of our Privacy Policy. Our Privacy Policy explains what personal information we collect about you when you use the Website, and you can view our Privacy Policy online by clicking 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 Policy in its entirety.

Other applicable terms and conditions

If you order a Marks & Spencer product or service through the Website, our General Terms and Conditions of Sale will also apply. Depending on the product or service ordered, our Additional Terms and Conditions of Sale may also apply. You can view our General Terms and Conditions of Sale and our Additional Terms and Conditions of Sale below.

If you are a corporate customer, then our Terms and Conditions of Sale for Corporate Orders may also apply. By ordering a Marks & Spencer product or service through the Website, you shall be deemed also to have read, understood and agreed to our General Terms and Conditions of Sale and (where applicable) our Additional Terms and Conditions of Sale.

Your use of this Website

You may use, download and print content on the Website solely for your own personal use or internal business purposes. Other than for your own personal use or internal business purposes, you may not without our prior written consent:

• copy, reproduce, use or otherwise deal with any content on the Website;

• modify, distribute or re-post any content on the Website for any purpose;

• reproduce, crawl, frame, link to or deep-link into this Website on or from any other website;

• use the content of the Website for any commercial exploitation whatsoever.

If you are a corporate customer and would like to request permission to use photography or other content from our Business Solutions website for corporate use, please contact our Business Solutions team on 0870 6080505.

Use of this Website from outside the UK

Password/account security

Ownership of rights

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.

Accuracy of content

Damage to your computer or other device

Links to other websites

Exclusions of liability

Except to the extent required by applicable law, Marks & Spencer shall not be liable to any person for any loss or damage which may arise from the use of or reliance on any content or information displayed in or on this 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 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

Third party rights

Entire Agreement

Law, jurisdiction and language

Changes to these Website Terms

PART D:  GENERAL TERMS AND CONDITIONS OF SALE

Additional Terms and Conditions of Sale

• Large Technology Items
• Flowers, Plants and Fruit Baskets
• Furniture
• Large Appliances
• Made to Measure Shirts
• Gift Cards
• Food to Order
• Luggage
• Wine Plan Subscriptions
• Fine Jewellery, Wedding Dresses and Adults’ Fancy Dress
• Experience Days
• Chilled Hampers
• Writing Product Reviews
• M&S Energy Home Insulation
  
  

These additional terms and conditions do not affect your legal rights.

Whenever you order any of the above products or services from Marks & Spencer, you agree that you have read, understood and agree to the Additional Terms and Conditions of Sale applicable to that product or service in their entirety. If you do not agree to the Additional Terms and Conditions of Sale applicable to that product or service in their entirety, you must not order that product or service. If there is any conflict between these General Terms and Conditions of Sale and any applicable Additional Terms and Conditions of Sale, then the Additional Terms and Conditions of Sale shall prevail to the extent of that conflict.

Website Terms and Conditions

Whenever you use this Website to order an M&S product or service, our Website Terms and Conditions will apply to your use of the Website in addition to these General Terms and Conditions of Sale. By ordering a Marks & Spencer product or service through the Website, you shall be deemed also to have read, understood and agreed to our Website Terms and Conditions. 

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, 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.
• 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 restrictions on purchase

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 16 and over.
• The sale of M&S Mobile SIM packs or mobile phones. Mobile SIM packs and mobile phones can only be purchased by individuals aged 18 and over. If you purchase an M&S Mobile SIM pack or mobile phone for someone aged under 18, the service must be registered in your name.
• Liqueur chocolates. Liqueur chocolates can only be purchased by, and for individuals aged 16 and over.

Gift Messages

If you order a product or service as a gift for a friend or relative, we may offer you the opportunity to add a gift message to your purchase. If you choose to 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;
• the gift message you instruct us to send on your behalf to a third party will not contain anything which could be construed as harassing, threatening, vulgar, abusive, obscene, defamatory, racist or which may cause embarrassment or distress to any person or which is otherwise unlawful or objectionable;
• you will not impersonate any person, including but not limited to any of our employees or customers;
• you are entirely responsible for the text and other content of your gift message and Marks & Spencer accepts no liability for any such content;
• we do not pre-screen messages, but may monitor content from time to time for the purpose of guarding against unlawful or inappropriate gift message; and
• 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.

Acceptance of your order

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

If you supplied us with your email address when entering your payment details (or if you have a registered account with us), we will notify you by email as soon as possible to confirm that we have received your order.

All products that you order through the Website will remain the property of Marks & Spencer until we have received payment in full from you for those products.

During the checkout process, you will be asked to complete your payment details. All fields indicated as compulsory must be completed. Please note that we will collect and store your information, using an encrypted secure payment mechanism and will only use your information in accordance with our Privacy Policy.

All card payments are subject to authorisation by your card issuer and we take payment when we accept your order shortly before dispatch. If your payment is not received and you have already received the products you ordered from us, you must pay for the products or return those products to us in accordance with reasonable return instructions that we provide to you 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.

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 e-mail) and, if you have already paid for the product or service, refund you in full as soon as reasonably possible.

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. For full details of our delivery charges please click here.

Please note that certain products and services may be subject to Additional Terms and Conditions of Sale relevant to the delivery charges and/or timescales applicable to that product or service.

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.

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 contact your local authority Trading Standards department or consumer advice centre (for example the Citizen’s Advice Bureau for UK customers).

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. Marks & Spencer reserves the right to define what can and cannot be delivered to which destination.

Payment - Purchases will be made in pounds Sterling and inclusive of UK VAT. 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.

Click here for more information on International Deliveries

Click here for more information on International Returns and Refunds

Delays

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

Your right to cancel

If you are a UK/EU consumer, you have the legal right, under the Consumer Protection (Distance Selling) Regulations 2000 to cancel your order within seven working days following your receipt of the goods or the date on which we begin provision of the services. Refunds for orders cancelled under the provisions of the Consumer Protection (Distance Selling) Regulations will be processed in accordance with your legal rights. 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 Distance Selling Regulations available for UK or EU consumers do not apply to certain products and services (for example, made to measure orders, flowers, plants, food, gifts and personalised items);
• Additional cancellation terms: Where Additional Terms and Conditions of Sale are applicable to any product or service you have ordered from us, these may also govern your cancellation rights and you should review these carefully;
• 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 and inform us (by post, phone or e-mail only) within seven working days of delivery. You must return the products to us as soon as possible after informing us that the products are damaged or have been incorrectly supplied. Please note that we will not accept the return of any damaged or incorrectly supplied products where you fail to notify us of this within seven working days of receiving them.
• Other cancelled products:  If you want to cancel products that are not damaged or incorrectly supplied, then you must inform us of this within seven working days of delivery. You must take reasonable care of the products that you wish to cancel and not use them. Products should be returned unopened or in the case of furniture, collection arrangements made, promptly at your cost (up to £100 in some cases) 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 Distance Selling Regulations. Full details of your rights under the Distance Selling Regulations are available in the UK from your local Citizens’ Advice Bureau or your Local Authority’s Trading Standards Office.

The Regulations do not apply to flowers and plant gifts, made to order curtains and cushions, made to measure shirts, made to order furniture, chilled hampers or items that contain fresh or perishable food. Full details of how to exercise your rights under the Regulations are set out in the dispatch notification email.

• 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.
• Collection:  For certain, larger products, we may offer to arrange collection on your behalf and, where this is the case, you will be responsible to pay the costs of such collection (which we will notify to you in advance).

If you cancel your order in any of the circumstances set out above save for cancellation under the provisions of the Direct Selling Regulations, we will refund any money paid by you after any products, which have been delivered to you, are returned to us. 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 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

Our “goodwill” returns’ policy does not affect your legal rights under the Distance Selling Regulations or other legislation.

Our “goodwill” refund or exchange (where there is no legal right to a refund or exchange under the Distance Selling Regulations 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.

Toiletries, cosmetics, bra accessories, earrings for pierced ears, food, wine, gift cards, gift vouchers, furniture, large technology items, large appliances, flowers, plants, lunchtogo, opened bedding, opened technology products, the gift wrap service and made to measure items including cushions, curtains and shirts are excluded from goodwill returns. These items can only be refunded or exchanged in accordance with your legal rights. Additional Terms and Conditions of Sale apply to some of these items.

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. Gift items will be refunded as a dated credit receipt. Fine jewellery, adults' fancy dress costumes and wedding dresses can be returned by post only.

 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.

Free nominated day delivery offer

Offer applies to nominated day delivery within the UK for clothing, homeware and wine cases from marksandspencer.com when you spend £150 or more online in a single order to a single address. Orders containing gift cards and lunchtogo are excluded.

Offer is subject to availability, strictly non-transferable and cannot be used in conjunction with any other promotion.

Delivery charges are included in the price of flowers and plants, fruit baskets, Made to Measure Shirts, and selected food and wine gifts.
Furniture and large technology items are currently delivered free as standard (free delivery excludes Isle of Man).

To take advantage of the free delivery offer, enter FREENDAY in the promotions box at checkout and click 'Apply'.

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.

Liability

We will use reasonable skill and care in fulfilling any order placed by you which is accepted by us. However, we exclude all other representations, warranties, conditions and terms express or implied by statute, common law or otherwise to the fullest extend permitted by law and, except where required by law, we will not be liable for any special, indirect, incidental, consequential or economic loss or for loss of profits or revenues howsoever caused arising in connection with any order placed by you.

Notwithstanding the above, our total liability (whether in contract, tort, negligence or on any other basis) to you, for any loss or damage shall be limited to the sums paid or payable for the relevant product or service you ordered from us.

We will not be liable to you where we breach these General Terms and Conditions of Sale due to any cause that is beyond our reasonable control, including acts of God, explosions, floods, tempests, fires or accidents; wars or threats of war, sabotage, insurrection, civil disturbance or requisition; acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority; import or export regulations or embargoes; strikes, lock-outs or other industrial actions or trade disputes; difficulties in obtaining materials; labour, fuel, parts or machinery; power failure or breakdown in machinery.

Nothing in these General Terms and Conditions of Sale shall limit our liability for personal injury or death caused by our negligence or for any other liability the exclusion of which is not permitted by applicable law.

Nothing in these terms will reduce your 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.

Other important terms

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.

These General Terms and Conditions of Sale supersede any other terms and conditions previously published by us and any other representations or statements made by us to you, whether oral, written or otherwise.

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 English law. In the event of any matter or dispute arising out of or in connection with these General Terms and Conditions of Sale, you and we shall submit to the exclusive jurisdiction of the English courts.

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PART E: ADDITIONAL TERMS AND CONDITIONS OF SALE

These terms and conditions apply to any order which you place through the Marks & Spencer website at www.marksandspencer.com (the "Website") for the products specifically listed below and apply in addition to our General Terms and Conditions of Sale

When you order a product or service listed below, you must read these Additional Terms and Conditions of Sale carefully. By placing an order through the Website for the specific goods listed below, you confirm that you have read, understood and agree to the applicable Additional Terms and Conditions of Sale in their entirety as well as to our General Terms and Conditions of Sale. If you do not agree to the applicable Additional Terms and Conditions of Sale in their entirety or to our General Terms and Conditions of Sale, you must not place any order for the below-specified products or services through the Website.

If there is any conflict between these Additional Terms and Conditions of Sale and our General Terms and Conditions of Sale, these Additional Terms and Conditions of Sale prevail to the extent of that conflict.

What products and services do these Additional Terms and Conditions of Sale apply to?

These Additional Terms and Conditions of Sale apply when you order any:

• Large Technology Items
• Flowers, Plants and Fruit Baskets
• Furniture
• Large Appliances
• Made to Measure Shirts
• Gift Cards
• Food to Order
• Luggage
• Wine Plan Subscriptions
• Fine Jewellery, Wedding Dresses and Adults’ Fancy Dress
• Experience Days
• Chilled Hampers
• Product Review Guidelines
• M&S Energy Home Insulation

Additional Terms & Conditions - large technology items for home delivery (includes large televisions 26” and above and large wine fridges)

Cancellations, Amendments, Returns & Refunds

• Ultimately, any changes you make to your order must be notified to 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).
• If we have to collect a product that you have cancelled, we will charge you the cost of collection (up to £100) which will be notified to you at the time of cancellation.

Payment

• All methods of payment, including credit cards are processed once your order is prepared for despatch.

Delivery and/or Collection

Delivery Company

• All orders are available for delivery within the UK mainland and Northern Ireland only and are delivered by our home delivery service. Furniture orders for Isle of Man deliveries may only be placed at our Douglas, Isle of Man store and a delivery charge of £100 per order is payable.

Delivery Arrangements

• When your order is ready, the home delivery service team will contact you to confirm your delivery date and either an am or pm timescale. Your delivery will not happen until you’ve been contacted by phone or by letter and you have accepted the delivery offered.
• 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.

Connection of Televisions

• Following connection, to make sure you’re completely satisfied the crew will ask you to inspect your items carefully before signing for delivery and connection. It is therefore essential that you’re present for the delivery and connection. If you’re not satisfied for any reason, please inform the crew.

Delivery only Items

• Some technology products do not qualify for a connection service and will therefore be delivered to your door and left packaged. Some products may require self-assembly (instructions will be provided). A signature on receipt will be required.

Guarantee

Your product is supported by a guarantee in the form of your receipt or parcel summary document received with your delivery.

• All of our technology products sold and delivered in the UK are guaranteed for 2 years, except large televisions (26" screen and over), which are guaranteed for 5 years.
• Please retain your parcel summary document which is proof of purchase and will validate the date from which your guarantee will start. It is essential to keep your parcel summary document to preserve the guarantee. Please also retain the original packaging in case you need to return the product.
• In the unlikely event of a fault, please call our Technology Customer Service Centre on 0845 671 0665. Alternatively, if the product costs under £150, please return it with your original packaging to any Marks & Spencer store (except Outlet and Simply Food Stores). You can also return the item by Royal Mail using the Return Postage Paid label provided. If it is within  35 days of purchase we will offer a refund or exchange for a new product. (Please note exchanges can only be done in stores). After 35 days and for the remainder of your guarantee period, we will arrange for the product to be repaired. Should a repair not be possible, we will exchange the product for a new one or the nearest equivalent. In the unlikely event of being unable to exchange we will offer a full refund.
• This guarantee is only valid within the United Kingdom, Republic of Ireland and/or Channel Islands. This guarantee excludes faults caused by accident, neglect, misuse, not following the instructions and normal wear and tear.
• We are unable to offer a refund or exchange on technology products once opened unless they are faulty.

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Additional Terms & Conditions – Flowers,  Plants & Fruit Baskets

Deliveries

• Prices include nominated day delivery.
• Orders received by 5pm (1pm for fruit baskets) will be delivered the next day (except Sundays and bank holidays) to most UK addresses, Monday to Saturday 7.30am to 7.30pm. 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.
• Product accords with the written description. All bouquets exclude vases and containers unless otherwise stated.
• Some outdoor plants will be subject to seasonal changes.
• Hospital deliveries are delivered to the reception or post room only. We cannot guarantee they will be accepted. Please check the hospital’s policy before placing your order.

Amendments

• Amendments and cancellations can be accepted until your order is prepared for despatch. Amendments can be made online through “My Account” or by telephoning 0845 603 1 603.

Returns

• Flowers, plants and fruit baskets cannot be returned or refunded, except in accordance with your legal rights, for example in the event they are not of satisfactory quality. 
• The cancellation right under the Consumer Protection (Distance Selling) Regulations 2000 does not apply to flowers, plants or fruit baskets.

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Additional Terms & Conditions – Furniture

Cancellations, Amendments, Returns & Refunds

• Ultimately, any changes to your order you make must be notified to 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 0845 7 624 624.
• If collection of an item is required, we will charge you the cost of collection (up to £100) of which you will be notified at time of cancellation. In addition any delivery charges are also non refundable unless the goods are faulty or the cancellation has been made in accordance with your legal rights.
• If the product does not fit into your home, it will be classed as a cancelled order and costs will be incurred by you.

Payment

• Payment is processed when you place your order.

Delivery and/or Collection

• All furniture orders are delivered free within the UK mainland and Northern Ireland by our home delivery service.  Furniture orders for Isle of Man deliveries may only be placed at our Douglas, Isle of Man store and a delivery charge of £100 per order is payable.

Delivery arrangements

• 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.

Assembly

• We offer a delivery and assembly service in relation to certain furniture products. These products will be identified by us at the time of ordering. This service is conditional upon our crew having normal ground floor access and assuming that the route and the room are large enough to accommodate your order. To make sure you’re completely satisfied the crew will ask you to inspect your items carefully before signing for delivery and any assembly. If you’re not satisfied for any reason, please inform the crew.
• We offer a bed disposal service. Where this has been offered and accepted we shall remove and dispose of your old bed upon delivery of your new bed. This service is conditional upon the product having been disassembled prior to our collection and not being infested, wet or heavily soiled.

Delivery Only Items

• 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.

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Additional Terms & Conditions – Large Appliances

M&S Large Appliances and its delivery service are offered under partnering arrangements with a third party under its own terms and privacy policy.

Click here for Large Appliances Terms & Conditions 

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Additional Terms & Conditions – Made to Measure Shirts

Cancellations, Amendments, Returns & Refunds

• As your shirt is made specifically for you, once payment is taken, no changes to the order or any cancellation may be made, except in accordance with your legal rights (examples of when returns are acceptable for made to measure shirts, in accordance with your statutory rights, are set out below. Please note that the cancellation right under the Consumer Protection (Distance Selling) Regulations 2000 does not apply to made to measure shirts.
• Additionally we will only accept returns in accordance with your legal rights; for example:
  - if there is a fault with your shirt; 
  - if the shirt has not been manufactured as specified; 
  - if the sizing of the shirt relating to the sleeve length or body is incorrect.
• If you are returning a shirt due to a fault, or you believe it has not been made to the specification given by you, we will re-make a new shirt to the correct specifications provided that you notify us of the fault within 28 days following your receipt of the shirt. The new shirt will arrive 4-5 weeks from the date of return - we will contact you by email to update you on the progress of your order.
• Goods should be returned in the original packaging by freepost using the pre-paid returns label provided. Take the parcel to any post office, and obtain a receipt as proof of purchase.
• Made to Measure Shirts cannot be returned to any of our stores.

Payment

• You can pay for your order using the M&S Credit Card, Visa, MasterCard, American Express, JCB or Delta. Please note that we don't accept Maestro, M&S Budget and M&S Chargecards for Made to Measure Shirt orders.
• M&S Points - Please note that if you buy from our Made to Measure shirt range you will earn only one M&S point for every £2 you spend on your M&S card. Credit subject to status. Reward scheme subject to terms and conditions. Cards issued by Marks and Spencer Financial Services plc. 17.9% APR typical (variable).  

Delivery and/or Collection 

• Made to Measure shirt orders will be delivered within 21 days of placing your order. The cost of delivery is included in the price for the made to measure shirt.

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Additional Terms & Conditions – Gift Cards 

Cancellations, Amendments, Returns & Refunds

• Marks & Spencer reserves the right to cancel the card if, in our sole discretion, we deem such action necessary.
• Gift Cards cannot be exchanged for cash or used to pay for M&S Money Services, M&S Money Products or outstanding &More or Chargecard balances. 
• Gift Cards cannot be returned or refunded, except in accordance with your legal rights, for example in the event they are not of satisfactory quality. 

Product Information

• Gift cards may be used to purchase goods of a higher price than the amount on the gift card, on payment of the difference.
• Gift cards can be used in all Marks & Spencer stores in the UK, Eire and the Channel Islands, including Outlet, railway, motorway and airport stores. M&S Gift Cards cannot be used as payment for M&S products in BP stores.
• Gift Cards purchased in Eire 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.
• Gift cards 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.
• Gift Cards can be activated with a minimum balance of £1 or 1 Euro and have a maximum limit of £500 or 700 Euros. Cards can be topped up (in stores) to the maximum value limit.
• Marks & Spencer will not accept liability for lost, stolen or damaged cards.

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Additional Terms & Conditions – Food to Order

Cancellations, Amendments, Returns & Refunds

• You can amend or cancel your order up to 5pm before the order deadline Your order total will update to reflect the new cost.
• Please note that cancellation rights under the Consumer Protection (Distance Selling) Regulations 2000 do not apply to food orders. You will not be able to cancel your order after the order deadline.
• If you are dissatisfied with the quality of any Food to Order product, please return it to your local store or telephone 0845 604 4604.
• Prices and weights may be liable to change. If the price of a particular product is more than stated, you have the right to cancel your order for that product with no obligation and a refund will be made.
• In the event of non-collection or cancellation of your order after the order deadline has passed, we will return 50% of the total order value to you as a refund. We will retain 50% of the total order value as a charge against the costs incurred by Marks & Spencer in processing and supplying your order.

Payment

• We will take full payment when we pass your order details to our suppliers at the order deadline.
• For store ordering, please speak to a customer adviser as some stores require a non-returnable deposit.

Delivery and/or Collection

Order Arrangements/Timescales

• The ordering service is available at participating UK and Republic of Ireland stores only. We regret that orders cannot be placed in UK stores or online for collection in the Republic of Ireland and cannot be placed in stores in the Republic of Ireland for collection in the UK.
• There are a number of collection timescales for Food to Order, dependent on the type of food ordered. When ordering products with different collection timescales, the longest timescale will apply for the whole order. Please click here for details of the order deadlines and collection timescales which apply.

Collection from Store

• You will be able to choose a timed slot for collection, subject to availability. You will need to bring a printout of your order confirmation (and deposit receipt where applicable) when you collect your order.

Product information

• Product supplied accords with the written description. 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 products are subject to availability. In the event of supply difficulties or with discontinued products, we reserve the right to offer alternative goods or packaging of equal quality and value.
• For personalised cakes, you are unable to change your message once you have added the product to your basket. If you need to change the message, you will need to delete the item from your basket and select the cake again.
• Products containing alcohol can only be sold or delivered to people aged 18 and over. www.drinkaware.co.uk

• Products may contain nuts, egg, milk, gluten and other allergens. Please refer to individual product details for further information.

Miscellaneous

Order Acceptance

• For Food to Order, orders are accepted when we pass your details to our suppliers.

Promotions

• The Food to Order range online is not included in any special offers or promotions within store. Any special promotions or vouchers on Food to Order will be sent to you by email or post.

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Additional Terms & Conditions – Luggage

All of our value luggage products sold and delivered in the UK are guaranteed for three years and all other luggage products sold and delivered in the UK are guaranteed for five years against faulty workmanship. 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. Should any airline damage occur it is vital that you inform the airline or their representative before you leave the terminal. Should a fault occur within three years of the date of purchase on value luggage and within five years of the date of purchase on all other luggage with the exception of leather bags, please take your luggage back to any Marks & Spencer store, except Outlet stores and Simply Food stores at service stations, railway stations or airports. Don't forget to take your parcel summary, as proof of purchase, for a full refund of the purchase price. This guarantee is in addition to, and does not affect your legal rights, for example your right to a refund in the event the product is not of “satisfactory quality”.

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Additional Terms & Conditions – Wine Plan Subscriptions

Cancellations, Amendments, Returns & Refunds

• You will be notified via email of upcoming Wine Plan orders. Amendments and cancellations can be accepted up until your order is prepared for dispatch.  For any amendments and cancellations, please visit ‘View and Edit Subscriptions’ in ‘My Account'.  During busy periods your order may be prepared up to 3 days before your wines are ready to be dispatched.
• If some or all of the bottles of wine in a case are broken or spoiled when they are delivered, you should notify us as soon as possible. You will be refunded in full for the particular wine/s.
• Under the Distance Selling Regulations, you have the legal right to cancel your order within 7 working days of receipt of the wine. Where wine has been delivered to a third party you will only be able to exercise this right if you are able to return to us the goods you ordered. For details of how to exercise this right please see our Returns and Refunds section or call our Customer Services team on 0845 60 90 200.

Payment

• 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/or Collection

• We deliver 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.
• Please ensure any address changes are notified to us. You can make the change online in ‘My Account’ in ‘View and Edit Subscriptions’.

Product Information

• Please note that wine vintages and labels may vary from those shown on the Website.
• Wines can only be purchased and delivered to customers over the age of 18.
• All products are subject to availability and changes. In the unlikely event of a wine becoming unavailable, a substitute of similar style and of equal or greater value will be supplied.

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Additional Terms & Conditions – Fine Jewellery, Wedding Dresses and Adults’ Fancy Dress

Returns

• Fine jewellery, wedding dresses and adults’ fancy dress costumes cannot be returned, exchanged or refunded in any of our stores. Unwanted products must be returned in their original packaging, using the Royal Mail pre-paid postage label.  Take the parcel to any post office, and obtain a receipt as proof of purchase.

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Additional Terms & Conditions – Experience Days

Returns, Refunds and Exchanges

• Unused experience day packs may be returned by post or to stores (except Outlet stores and Simply Food stores including Simply Food stores at airports, railways stations and service stations). The box must be intact.
• Experiences may be exchanged for a different Experience by telephoning the service centre on 0845 6028225 and quoting M&S. There will be a charge if the Experience is exchanged for one of higher value.
• If you are dissatisfied with the quality of an Experience, telephone the service centre 0845 6028225 and quote M&S.
• If you wish to make changes after booking, telephone the service centre 0845 6028225 and quote M&S. There may be a charge.

Expiry

• Gift Experiences must be used by the expiry date stated on the product. You may be able to extend the expiry date at the discretion of the supplier by telephoning 0845 6028225 quoting M&S.  There may be an additional charge for extensions.

Age Limits

• Age limits do not apply to the purchase of Experiences however they may apply on booking and redemption, depending on the activity.

Other applicable terms and conditions

• Other terms and conditions may apply, depending on the individual experience. For example, a driving licence would be required for a driving experience. See individual packs for details.

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Additional Terms & Conditions – Chilled Hampers

Delivery

• 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.
• Before placing an order for chilled hampers, 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.

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Additional Terms & Conditions - M&S Energy Home Insulation

FOR ASSESSMENTS AND FOR INSTALLATIONS OF HOME INSULATION AT YOUR PROPERTY 

1. Definitions
1.1 Some words have specific meanings in these Conditions.
 Assessment: our assessment as to the suitability or otherwise of your Property for installation of Home Insulation;
 Assessment Form: the Home Insulation suitability and assessment form prepared by us in accordance with our Contract for the Assessment;
 Booking Confirmation Letter: the written confirmation from us to you to confirm the date for the Assessment;
 Conditions: the terms and conditions set out in this document;
 Contract: the contract that is formed between us a) in relation to an Assessment following your signature of the Customer Declaration Form; and b) in relation to an Installation following your signature of the Assessment Form.  This contract incorporates these Conditions, together with (for Assessments) the Customer Declaration Form and (for Installations) the Assessment Form and any separate quote you are given for extra works connected with the Installation;
 Customer Declaration Form: the declaration form sent to you, (or the copy form provided by our assessor), which must be signed by you (at section 1 of the form) should you wish to continue with the Assessment;
 Customer, you: the person named on the Customer Declaration Form or the Assessment Form;
 Home Insulation: the home insulation available through M&S (including, but not limited to, cavity wall insulation and loft insulation);
 Equipment: any equipment, including tools, systems, cabling or facilities, provided by us or our subcontractors when we carry out Assessments and Installations;
 Installation: the installation of the Home Insulation by us under our Contract as set out in the Assessment Form, together with any extra work which we agree to carry out in connection with the Installation;
 M&S, us, we: Marks & Spencer plc a company incorporated in England and Wales and registered with company number 214436, whose registered office is at Waterside House, 35 North Wharf Road, London W2 1NW;
 Order Confirmation Letter: the written confirmation from us to you to confirm the date for any Installation we agree to carry out;
 VAT: value added tax chargeable in the UK for the time being and any similar additional tax; and
 your Property: the premises at which the Assessment or the Installation will be provided set out in the Customer Declaration Form or Assessment Form.

2. Background
2.1 Where you want M&S to install Home Insulation at your Property we will first send an assessor to your Property to carry out an Assessment and prepare an Assessment Form.  The Assessment Form will set out details of the Home Insulation we could install and the costs involved. 
2.2 If you want M&S to install Home Insulation as set out in the Assessment Form, we will then book a time with you for the Installation and send an installer to your Property to carry out this work. 
2.3 These Conditions apply both to Assessments we carry out on your Property and also to any Installation we agree to perform. 

3. The Contract Between Us
3.1 When our assessor visits your Property, they will ask you to sign our Customer Declaration Form to confirm that you accept these Conditions.  Please give the signed Customer Declaration Form to the assessor.  A Contract between you and M&S will come into being for the Assessment when you sign the Customer Declaration Form and hand it to our assessor.  Please note that we cannot carry out any Assessment until you have done this.
3.2 After the Assessment is complete we will give you an Assessment Form.  If you want to go ahead with an Installation you can sign the Assessment Form to confirm that you accept the quotation and the conditions set out in the Assessment form and that you accept these Conditions.  You can either sign up with the assessor on the spot or you can sign later and return the Assessment Form to M&S.  A Contract between you and M&S will come into being for the Installation when you return the signed Assessment Form either to our assessor (when you sign up on the spot) or to the address we give you.  Again, you should note that we cannot proceed with any Installation until we have received your signed copy of the Assessment Form.
3.3 Please note that any quotation we give you for an Installation is only valid for 28 days from completion of the Assessment.  If you want to proceed with an Installation more than 28 days afterwards, then we will need to update your quote.
3.4 You should make sure you keep a copy of the Customer Declaration, the Booking Confirmation Letter, the Order Confirmation Letter, the Assessment Form, any quote for extra works and these Conditions for your records.

4. Arranging an Appointment for an Assessment or for the Installation
When you contact us to arrange an Assessment or where you want us to carry out an Installation, we will agree a date with you for the Assessment or Installation to take place (provided you are able to supply us with all information we need to be able to make the booking).
4.2 Where you have asked us to carry out an Assessment we will give you a Booking Confirmation Letter setting out the date we agreed for the Assessment to take place. 
4.3 Where we have agreed to carry out an Installation, we will give you an Order Confirmation Letter setting out the date we agreed for the Installation, together with confirmation of the details of the Home Insulation and the cost to you.
4.4 We will try to carry out the Assessment or the Installation on the date we agree, but if we need to rearrange the Assessment or the Installation due to unforeseen circumstances beyond our control we will tell you as soon as we can and we will try to arrange an alternative date with you.  If we cannot agree an alternative date within a reasonable time then you may cancel the Assessment or Installation and we will refund any money that you have paid.
4.5 If you need to change the date for the Assessment or the Installation you must call us as soon as you are able to and we will try to arrange an alternative date with you.
4.6 We will use reasonable efforts to carry out an Assessment at your Property within 7 working days of your request (so long as you have provided us with all of the information required by us to carry out the assessment) and to carry out an Installation within 8 weeks of receipt of your signed Assessment Form (as long as you are able to arrange a time to give us access to your Property).  In the Highlands of Scotland these timescales will be each be extended by 10 working days due to the remoteness of certain areas. 
4.7 If, due to our delay, we cannot carry out the Assessment or Installation within the timescales set out at paragraph 4.6 of these Conditions, then you may cancel any Assessment or Installation and we will refund any money that you have paid.
4.8 We will try to arrange a date for an Assessment or Installation when you first call us.  If we cannot do so, or if you write to us with your request, we will try to call you and, if we can’t get hold of you, we will contact you by post asking you to call us.  If we don’t hear back from you, we reserve the right to close your file until you contact us, however we may follow up with you at a later stage to see if you are still interested.

5. The Assessment
5.1 We will carry out an Assessment at your Property in accordance with the Contract.  Please note that we may take photographs of your Property during the Assessment, where we need to keep a visual record of the work that is required.
5.2 Following completion of the Assessment we will give you an Assessment Form setting out the details of the Home Insulation we could install at your Property and how much this would cost.  Please note that it may not always be possible for us to install Home Insulation at your Property and we will tell you if this is the case and explain what the problem is.
5.3 In some cases there may be extra works that are needed before the Installation takes place (including, without limitation, removing boarding, erecting scaffolding and clearing out your loft).  We will tell you about any such works and, if you want us to do them, we will give you a quote for carrying them out. 
5.4 In some cases it may not be possible for us to complete the Assessment on our first visit.  If this is the case then we will arrange a time to come back to your Property to complete the Assessment.
5.5 If, for any reason, we are unable to access the loft space then we must estimate the size of your loft from the rooms below.  Where we estimate the size, we will carry out the Installation at the price we quoted, except where there is any significant extra cost or anything that stops us from doing the works which we could not see during the Assessment.  If extra works are required, we will stop the Installation and discuss and agree the costs of the extra works before we proceed.
5.6 Where we carry out an Assessment for cavity wall insulation, we will need to drill test holes in your walls.  Please note that these holes will be filled by us with silicon only.

6. The Installation
6.1 We will carry out the Installation in accordance with the Contract.  Please note that we use a range of materials in our Installations throughout the country and some of these materials may not be available in your area.
6.2 If you arrange to carry out any extra works yourself (or through any other contractor), then you agree to do so before the date for any Installation and you will ensure that the works are carried out in a professional manner, are safe and are in accordance with any relevant professional standards.  We will not be liable for any delays or damage that are caused by any extra works you arrange yourself.
6.3 If we are installing cavity wall insulation we will need to make a number of holes in the walls of your Property.  We will fill these holes with the closest match we can make to your existing walls, but we cannot guarantee that we will exactly match your walls or that the holes will not be visible.
6.4 Ventilation is sometimes necessary to prevent condensation in your roof.  Where the Assessment identifies that any ventilation is required, you must agree to have this ventilation installed alongside the Home Insulation, otherwise we will not be able to carry out the Installation.
6.5 In order to help us maintain our standards of work we monitor a selection of the Installations at our Customers’ properties.  Where your Property is selected for monitoring, you agree to give our technical monitor access to your Property on a date we agree with you (on at least 48 hours notice) so that the monitoring can take place.
6.6 When we have completed the Installation to your satisfaction you must sign the grant voucher we give you to enable us to claim funding.  If you are not happy with the Installation please contact your CJA as soon as possible.  Please note that signature of the grant voucher will not affect any of your rights under the Contract – in particular it will not affect your rights in respect of any defect in the work we have done or any damage to your Property.

7. Price and Payment
7.1 There is no charge for an Assessment – we agree to provide the Assessment for your Property in consideration of you agreeing to your obligations under these Conditions.
7.2 The price of any Installation will consist of:
(a) the charges as set out in the Assessment Form plus the costs of any extra works that we have quoted for; and
(b) any other amounts that we subsequently agree with you in writing for further work or for any change to the scope of the Installation.
7.3 You must pay all the costs and charges we have quoted for the Installation to us before we start to carry out the Installation.  We will take this money from the card details you give to us.  We need to do this as we engage specialist contractors to carry out the work for you and we need to make sure they are paid on time.  However, we will not pay our contractors until you have signed off on the work as being completed (see paragraph 6.6 above).
7.4 If we subsequently agree extra fees for any additional works or any change to the scope of the Installation you must pay these extra fees promptly following our agreement.
7.5 You agree that we may claim any available grants from energy companies connected with the Home Insulation we install at your Property.  The price we quote to you already takes these grants into account.  You will not apply to any energy company for grants in your own name in respect of any Installation.

8. CIGA Guarantee
8.1 You will be provided with a 25-year CIGA (Cavity Insulation Guarantee Agency) guarantee for any cavity wall insulation following completion of the Installation.

9. Our Rights to Cancel
9.1 We may cancel any Contract between you and M&S or withdraw any quotation we give you by writing to you at any time where:
(a) the funding we receive from third parties is decreased or withdrawn;
(b) you fail to do any of the things you need to do under the Contract between us and this prevents us from carrying out an Installation or Assessment, or makes the Installation or Assessment materially more difficult to perform;
(c) we discover anything that we could not have seen during the Assessment that prevents us from carrying out the Installation.
9.2 When we write to you to cancel the Contract between us or to withdraw a quote, we will set out the reasons for the cancellation in our letter and we will refund the fees to you (less any fees relating to work which you have had the benefit of – for instance if we have been able to insulate some of your loft space).

10. Our Contact Centre
10.1 We have a contact centre available to take your calls and e-mails and the hours when it is open will be published on our website.
10.2 We will try to answer your call or e-mail as soon as we can, however please bear in mind that responses may be slower in busy periods.
10.3 We also have a special out-of-hours line for use in emergencies where there is a problem with your Property as a result of the work we do.  Please only use this line in a genuine emergency.  If you need to report an emergency while our contact centre is open, please use the usual number. 

11. Things You Will Need to Do
1.1 You agree to:
(a) co-operate with us when we are providing any Assessment or Installation;
(b) give us (and anyone representing us) access to your Property on the dates we have agreed for the Assessment and the Installation, together with any extra dates we require to finish any work we do (and we will agree any extra dates with you at the relevant time).  We will tell you what times of day we need access when you are making your booking;
(c) make sure that we have access to supplies of water and electricity where we need these for any Assessment or Installation;
(d) give us any relevant information about you and your Property that we ask for (including, but not limited to, proof of benefits and proof of age) and to make sure we get this information as soon as possible;
(e) ensure that any information you give us is accurate and complete;
(f) make sure that you prepare your Property (at your own cost) for any Installation or Assessment in accordance with the instructions we give you.  This may include, without limitation, removing any hazardous materials, clearing access ways, clearing the loft, moving or protecting your possessions to keep them safe and clearing outside areas where we need to work.  You also agree to follow any instructions we give you in respect of your Property to make sure we can carry out an Installation or Assessment; and
(g) obtain any consent that is required from any landlord of your Property and, if you own the Property with anyone else, to ensure that all your co-owners have consented to the Installation.

12. Problems with the Work We Do and Damage to Your Property
12.1 We will use reasonable care and skill when we carry out Assessments and Installations.
12.2 However in the event that any damage is caused to your Property or there is any defect in the work we do as part of the Assessment or Installation:
(a) You must tell us about any damage or defect as soon as possible. 
(b) You must give us a reasonable opportunity to repair any damage caused to your Property or defect in the work we have done.
(c) We will try to repair any damage or defect:
(i) within 24 hours if the damage or defect affects the health and safety of anyone who lives in your Property;
(ii) within 24 hours if the damage or defect has a significant impact on any vulnerable people living in your Property (for instance children or anyone who is elderly or disabled);
(iii) within 10 days in all other circumstances.
12.3 We will use reasonable efforts to minimise the amount of dust and other debris that is caused during any Assessment or Installation.  We will advise you about the areas which are likely to be affected by dust and debris and you are responsible for ensuring that any possessions are suitably protected or moved from those areas.

13. Liability
13.1 There are certain liabilities that we are not permitted to exclude by law and nothing in these Conditions limits our liability for personal injury or death caused by our negligence or for fraud.
13.2 You also have certain rights as a consumer including, without limitation, those set out in the Unfair Contract Terms Act 1977, the Unfair Terms in Consumer Contracts Regulations 1999 and the Consumer Protection from Unfair Trading Regulations 2008, together with 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 the Contract will affect these legal rights and, in particular, we will carry out the services under the Contract with reasonable care and skill and any goods we supply to you will be of satisfactory quality.
13.3 You are responsible for following the advice we give you to keep your possessions safe and we do not have any liability for damage to your possessions caused by any failure to follow this advice.
13.4 Except as set out in paragraphs 13.1, 13.2 and 13.3 of these Conditions, our total liability to you (whether in contract, tort, negligence or on any other basis), for any loss or damage arising from or in connection with any Contract shall be limited to £100,000.
13.5 We will not be liable to you if we are prevented or delayed from complying with our obligations under any Contract by anything you or anyone acting on your behalf does or fails to do.
13.6 We are not responsible for losses that are not a natural, foreseeable consequence of any breach of the Contract.  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.

14. Changes
14.1 We may, from time to time, change any Assessment or Installation you ask us to carry out in order to comply with any change in laws or to comply with any applicable safety or statutory requirements.  If we do this, we will write to you giving you the reasons for the change.  If any such changes materially affect the nature or scope of our services, or the charges we make, you may cancel the Contract by writing to us and we will refund any fees you have already paid.

15. Circumstances Beyond Our Control
15.1 We will not be liable to you for any breach of the Contract or where there is any delay in performing our obligations due to any cause that is beyond our reasonable control.  Without limitation, examples of causes beyond our reasonable control include explosions, floods, tempests, fires or accidents; wars or threats of war, sabotage, insurrection, civil disturbance; any new laws or regulations that are introduced; any trade embargo; strikes or other industrial action; difficulties in obtaining materials, labour, fuel, parts or machinery; power failure or breakdown in machinery.

16. Data Protection
16.1 M&S is a registered data controller under the Data Protection Act and is committed to treating all information you provide in accordance with its legal obligations.
16.2 The personal information you provide to us, including your contact details, information regarding your Property, and payment card details, will be used by us to:
(a) undertake an Assessment and, with your agreement, the Installation;
(b) process payment for the above services; and
(c) with your agreement, to contact you about our services and products.
16.3 If you wish to change your marketing preferences at any time, or have any other queries regarding data protection please contact us on 0845 302 1234 or email us at chairman@marksandspencer.com.
16.4 Further information on how we use your data can be found at the detailed home insulation data protection policy available at www.marksandspencer.com.

17. Other Important Provisions
17.1 M&S intends to rely upon the written provisions set out in these Conditions and in the Customer Declaration Form and the Assessment Form.  If you require any changes, please make sure you ask for these to be put in writing. In that way, we can avoid any problems surrounding what M&S and you are expected to do.
17.2 We reserve the right to amend these Conditions or any products or services we supply where we need to do so because of a change in any law or regulation, a change in the funding that is available for these services or a change in the technology that is used for Home Insulation.  If we make any change that has a material impact on the Installation, then you may cancel the Contract by writing to us and we will refund any fees you have paid.
17.3 You may not assign or sub-contract any of your rights or obligations under the Contract to any third party, provided that you may transfer the benefit of any warranty or guarantee under the Contract to any purchaser of your Property.
17.4 We may at any time sub-contract or delegate in any manner any or all of our obligations under the Contract to any third party or agent at our discretion, but we will remain responsible to you for performance of the Contract.
17.5 Both you and M&S are acting on their own behalf and not for the benefit of another person.
17.6 If either you or M&S does not enforce any right or remedy under these Conditions or grants any extension of time this will not affect the ability of either of us exercise any right or remedy under the Contract at a later date.
17.7 We may correct any typographical error or omission in any documentation we supply to you without any liability on our part provided that, if the correction has a material impact on the services we provide or the price then we will inform you as soon as possible and offer you the option to cancel our Contract and to have any fees you have paid refunded to you.
17.8 If any of these Conditions are found to be illegal, invalid or unenforceable by any court, the rest of these Conditions shall remain in full force and effect.
17.9 Only you and M&S are entitled to enforce any Contract. No third party shall be entitled to enforce any provision of a Contract, whether by virtue of the Contracts (Rights of Third Parties) Act 1999 or otherwise.
17.10 The Contract is governed by the laws of England where your Property is located in England or Wales and by Scottish law where your Property is located in Scotland.
17.11 We will try and solve any disagreements quickly and efficiently.  If you are not happy with the way we deal with any disagreement and you want to take court proceedings, you must do this within the United Kingdom.

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PART F: ADDITIONAL TERMS AND CONDITIONS OF SALE FOR CORPORATE ORDERS

By ordering a Marks & Spencer product or service through the Website, you shall be deemed also to have read, understood and agreed to our General Terms and Conditions of Sale and (where applicable) our Additional Terms and Conditions of Sale.

Terms and Conditions for the Sale of Vouchers

Any company, partnership, individual or other legal entity (“you”) purchasing gift vouchers or other stored value instruments (“Vouchers”) from Marks and Spencer plc (“us” or “we”, as applicable) does so subject to these terms and conditions.

Despatch

If we have opened a credit account for you, we will despatch Vouchers to you as soon as reasonably possible after we receive your order. If we have not opened a credit account for you, we will despatch Vouchers upon receipt of cleared funds in respect of the Vouchers. For payments by cheque, cleared funds means 10 days after the cheque has cleared. While we do keep a stock of Vouchers at all times, if we receive a number of large orders at or around the same time, that may delay delivery of your order as we will need to have more Vouchers printed.

Risk in the Vouchers will remain with us until the Vouchers are delivered to you, at which point risk in the Vouchers shall pass to you. Title in the Vouchers will remain with us until you pay for the Vouchers in full. If you sell or transfer the Vouchers to any third party, you must make clear to the recipient that title in the Vouchers remains vested in Marks and Spencer plc until we have been paid in full.

We reserve the right to refuse any order for Vouchers at any time and for any reason, withoutthe need to state the reason for any such refusal.

Payment

If we have opened a credit account for you, we will send you an invoice for the Vouchers you have ordered within 2 days of receiving your order. You must settle all invoices within 28 days of the date of the invoice.

If you are late in paying any overdue invoices:

• you will forfeit any discount that we have previously agreed to give you, which will then become payable by you;
• interest at the rate of 4% above HSBC base rate will be levied on all amounts which have not been settled within 28 days of the invoice date; and
• we will suspend your account until payment has been received in full, which means that you will not be able to order any Vouchers from us until you have settled your account in full.

Use of M&S Brand

You may not use any product image, corporate title, designation, service mark, trademark or any other trading name or style of Marks & Spencer (“M&S Brand”) without having first obtained our consent in writing. You may not despatch any Vouchers to any third party if we have not
previously approved any artwork incorporating the M&S Brand in writing. We may withdraw any consent or approval referred to in this clause at any time by notifying you of such withdrawal.

Discrepancies

If you receive Vouchers and there are any discrepancies in the number of Vouchers delivered as against your order, you must notify M&S Direct within 3 days of receiving the Vouchers otherwise you are deemed to have accepted the order as correct. Except where you have paid by cheque, if you do not receive any Vouchers within 5 working days of placing your order you should notify us. If you have paid by cheque, you should notify us within 15 days of placing your order.

Terms Governing the Vouchers

You may not sell the Vouchers to any third parties without our consent. If we do give our consent then such consent may be subject to any conditions which we impose. In any event you may not sell the Vouchers through the internet without our express written consent, which you must obtain before making any such sale. We reserve the right at all times to refuse to permit any sale of Vouchers by you to a third party.

You may change your order if we have not yet despatched the Vouchers. However once we have despatched the Vouchers you may not change the order. If you do make a change to order this may result in a delay in despatch.

The terms governing the use of the Vouchers themselves are available from us by writing to the following: the Gift Voucher Department, Marks & Spencer, Waterside House
35 North Wharf Road, London W2 1NW.

Data Protection

Marks & Spencer is a registered data user under the Data Protection Act. We never make your personal details available to other companies for marketing purposes other than for the marketing of Marks & Spencer branded products and services. We (and our representatives) may hold your personal details in order to process your order and/or maintain your account.

The Marks & Spencer Group (and our representatives who supply Marks & Spencer branded goods and services) may also use your details to send you further information on Marks & Spencer branded products and services, to keep you up-to-date on goods, services, new collections and promotional offers you may be interested in or for research purposes. If you prefer not to receive such information or be a part of such research, please write to: Marks & Spencer, Freepost Lon 2078, PO Box 6398, Derby DE1 1UN. No stamp is required. Please include your name, address and postcode along with any Marks & Spencer account number or correspondence reference you may have.

Your Insolvency

In the event that:

• you make any voluntary arrangement with your creditors, you become subject to an administration order, you go into liquidation, you suffer a petition for winding up to be issued against you or the equivalent occurs under any jurisdiction order other than for the purpose of a solvent amalgamation or reconstruction, or (being an individual) you are made bankrupt; or
• an encumbrancer takes possession of, or a receiver or an administrative receiver is appointed over any of your property or assets; or - you suspend or threaten to suspend any payments hereunder or cease or threaten to cease to carry on business or
• M&S reasonably considers that any of the events mentioned above is about to occur in relation to you then without prejudice to any other right or remedies available to us, we shall be entitled forthwith to cancel our contract with you and/or suspend any further deliveries of Vouchers without any liability to you.

We will be entitled at any time to require you to deliver up any Vouchers which have not been paid for to us and if you fail to do so immediately we shall be entitled to enter on to any premises where the Vouchers are stored and repossess the Vouchers.

Where we are in breach of these terms:

• we will not be liable to you (whether in contract, tort or otherwise) for any indirect or consequential loss, cost or damage you suffer;
• we will not in any event be liable for any loss of profits, loss of business, loss of revenue, loss of data or loss of goodwill, whether any such loss is direct or indirect.
• our maximum liability to you arising out of or in connection with your ordering Vouchers from us shall be limited to 10% of the value of Vouchers which you ordered.

Bulk Discounts

Bulk discounts on corporate orders apply on orders over £1,500 to clothing, flowers, hampers and wine cases.This offer is subject to availability and may be withdrawn without notice. The bulk discount offer excludes large appliances, electricals, technology, made to measure shirts and lunchtogo. Corporate bulk discounts are only available on full Retail Selling Price and cannot be used in conjunction with any other offer.

Click here for more information.

lunchtogo

The M&S lunchtogo service is offered under partnering arrangements with a third party under its own terms and privacy policy.

Click here for lunchtogo terms and conditions.

Further Information

More information about Your M&S for Business can be found here: Your M&S for Business FAQs or by contacting our corporate services team.  

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