M&S

Terms & Conditions

 

These terms & conditions set out the basis on which you can visit and use our website. Please read them carefully as they contain important information.


General terms and conditions


This site is owned and operated by Marks and Spencer plc ("Marks & Spencer",  "we" or "us").  Registered office:Waterside House, 35 North Wharf Rd, London, W2 1NW.  Registered number 214436 (England and Wales).  Vat No: 232 128892.  If you want to ask us anything about these terms and conditions or have any comments or complaints on or about our website, please contact us.

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Ownership of rights


All rights, including copyright, in this website are owned by or licensed to Marks & Spencer. Any use of this website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without the permission of Marks & Spencer. You may not modify, distribute or re-post something on this website for any purpose.


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Accuracy of content


Marks & Spencer has taken every care in the preparation of the content of this website, in particular to ensure that prices quoted are correct at time of publishing and all products have been fairly described. However, orders will only be accepted if there are no material errors in the description of the goods or their prices as advertised on this website. All prices are displayed inclusive of VAT. Packaging may vary from that shown. The weights, dimensions and capacities given are approximate only. Wine vintages and labels may vary from those shown. We have made every effort to display as accurately as possible the colours of our products that appear on the website. However, as the actual colours you see will depend on your monitor, we cannot guarantee that your monitor's display of any colour will accurately reflect the colour of the product on delivery. To the extent permitted by applicable law, Marks & Spencer disclaims all warranties, express or implied, as to the accuracy of the information contained in any of the materials on this website. Marks & Spencer shall not be liable to any person for any loss or damage which may arise from the use of any of the information contained in any of the materials on this website.


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Damage to your computer


Marks & Spencer makes every effort to ensure that this website is free from viruses or defects. However, we cannot guarantee that your use of this website or any websites accessible through it won't cause damage to your computer. It is your responsibility to ensure that the right equipment is available to use the website and screen out anything that may damage it. Marks & Spencer shall not be liable to any person for any loss or damage which may arise to computer equipment as a result of using this website.


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Password/account security


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


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Availability


All items are subject to availability. We will inform you as soon as possible if the goods you have ordered are not available by emailing you.


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Ordering errors


You are able to correct errors on your order up to the point at which you click on ‘place order’ on the final page of our ordering process.


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Delivery charges


Delivery charges vary depending on the type of products ordered and the service you select and cannot be refunded. For full details please refer to our Delivery Services and Charges section.


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Acknowledgment and acceptance of your order


If you have supplied us with your email address, we will notify you by email as soon as possible to confirm receipt of your order. Our acceptance of your order will take place upon despatch of the product(s) ordered.


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Delays


Occasionally, the manufacture of your furniture may be delayed. This can be for various reasons such as material shortages, import delays or higher than anticipated demand. We will, of course, make every effort to keep you informed.


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Cancellation right


Under the distance selling regulations you have the legal right to cancel your order within seven working days of receipt of the goods (with the exception of flowers and made to order curtains). Where goods are delivered to a third party (e.g. through our Gift Registry service) 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.


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Substitution


For flower orders, in the event of supply difficulties, we reserve the right to substitute goods or packaging of equal quality and value. We will reimburse you for the cost of returning substitute goods that you do not wish to accept.

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Restrictions on purchase


Where the order concerns:
a. Knives (including sheath knives, all kitchen/cutlery knives) or bladed articles, by placing an order you confirm that you are over the age of 18.
b. Alcohol, by placing an order you confirm that you or the recipient of an alcohol gift are over the age of 18.
c. Classified videos and DVDs, by placing an order you confirm that you are over the age classified by the video/DVD.
d. Christmas crackers, by placing an order you confirm that you are over the age of 16.
e. The sale of M&S Mobile SIM packs or mobile phones, you confirm that you are over the age of 18. If you purchase an M&S Mobile SIM pack or mobile phone for someone who's under 18, the service must be registered in your name.


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Gift list gift messages and gift wrapping


The Gift List and Gift Message Service is for your own personal and non-commercial use. You agree that any messages posted by you on your Gift List or sent by us 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 are otherwise unlawful or objectionable. You also agree that you will not impersonate any person, including but not limited to any of our employees or customers. You are entirely responsible for any text or other material which you post or send on this message system and Marks & Spencer accepts no liability for any such content. We do not pre-screen messages, but may monitor content from time to time. We have the right to refuse to send or display messages and terminate access to the Gift Registry message service at any time and without liability to you.

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Technology Guarantee – Products & Accessories


All of our Technology products are guaranteed for 2 years, 5 years for televisions.
Please retain your parcel summary document which is proof of purchase and will validate the data 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 90 days of purchase we will offer a refund or exchange for a new product.  (Please note exchanges can only be done in stores).  After 90 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.  This does not affect your statutory rights.


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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. Marks & Spencer cannot accept any liability in respect of the use of these websites.


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Exclusions of liability


Any disclaimers and exclusions of liability in these terms & conditions shall not apply to any damages arising from death or personal injury caused by the negligence of Marks & Spencer or any of its employees or agents or fraud. These disclaimers and exclusions shall be governed by and construed in accordance with English Law. If any provisions 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.


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Other legal notices


There may be legal notices on other areas of this website which relate to your use of this website, all of which will, together with these terms & conditions govern your use of this website.


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Changes to legal notices


We reserve the right to change these terms & conditions from time to time and you should look through them as often as possible.


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Use of this website from outside the UK


Unless otherwise specified, the materials on this website are displayed solely for the purposes of promoting Marks and Spencer's products and services available in the United Kingdom and Marks & Spencer make no representation that any products or services referred to in the materials on this website are appropriate for use in or available for delivery to other locations outside of the UK. Those who choose to access this site from other locations are responsible for compliance with local laws if and to the extent local laws are applicable.


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Law, jurisdiction and language


This website, any content contained herein and any contract brought into being as a result of usage of this website are governed by and construed in accordance with English Law. The parties to any such contract agree to submit to the exclusive jurisdiction of the courts of England and Wales. All contracts are concluded in English.


These terms and conditions do not affect your legal rights.


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


Please read the sections below, which will tell you what will happen at each stage of your order.You will be called within two days (excluding Sundays and Public Holidays) to confirm receipt of your order.

Cancellations, amendments & returns

As soon as you realise that you need to change your order please contact us on 0845 6031603 and one of our advisors will help you. If you amend 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 the order).  Once you have taken delivery of your order, you have a legal right to cancel your order within 7 days. The packaging may be opened but the goods should not be used.  Items should be in a resaleable condition and returned or collection arrangements made promptly at your cost.  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.

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Payment

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

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Delivery Company

All orders are delivered by our home delivery service.  Each vehicle has a trained crew of two people, who carry identification cards at all times.

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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.
If access to your delivery address is restricted, please let us know when speaking to the delivery team.
Specific product connection requirements will be discussed with you at this time. Please raise any connection questions during this call.
At the time of booking, you can ask the crew to contact you up to an hour before expected delivery to enable you to plan around this timeslot. On the delivery day the crew will contact you to inform you of any delays.; please make sure we have the best number to use.

If you are unable to take immediate delivery, we can provide a storage service at a cost of £25 per full week.

If you need to change your delivery for any reason please call customer services on 0845 7624624.

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Delivery & Connection

Our crews will use protective coverings before taking your items into the room. Please make sure that there is normal ground floor access, and that the route and the room are large enough to accommodate your order.
Please Note: We are unable to install fridges as these need to stand for a specified period before being switched on – see product manual for details.

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Television Connection

The crew will disconnect your old equipment and make room for your new television. They will connect & tune your television and any other related M&S product(s), plugging into a suitable power supply. In addition, They will also connect any exisiting, pre-tuned DVD player/recorder, VHS video, PVR, set top box, satellite or cable system (excluding Broadband) using your existing connectivity ( subject to compatibility and available connections).
Please Note: All digital televisions require a strong signal to provide the best viewing experience and you may need to upgrade your current signal. Further information available at www.digitaluk.co.uk

All packing materials will be taken away, disposed of and recycled where possible.
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.

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On Delivery – Delivery only items

Some basic products will be delivered to your door and left packaged. These products will be identified at time of ordering. A signature on receipt will be required.

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Delays

Occasionally, delivery of your order may be delayed or postponed.  We will, or course, make every effort to keep you informed and discuss revised delivery timescales.

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After Delivery

Your product is supported by a Marks & Spencer guarantee. (Information available from selected stores and online at www.marksandspencer.com)
Operate it according to the instructions and it’ll give you good service. If you have any issues, we have a customer help team who can be contacted on   0845 6710665

(In all cases you will be dealt with in accordance with your legal rights).

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Furniture Terms & Conditions

Will it fit?

Please remember to make a note of your furniture’s dimensions and check that it’ll fit into your house and into your chosen room.

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Cancellations & amendments

As soon as you realise that you need to change your order please contact our service team on 0845 7 624 624 and one of our advisors will help you. You will be asked to confirm the change or cancellation 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).
You have a legal right to cancel your order within 7 days of receiving your goods. All items returned must be in a resalable condition.  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.
Any change or cancellation of furniture orders on our 48 hour delivery service can only be made on the day of placing your order. Should you need to cancel after this, the delivery charge of £50 is non refundable.

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Payment

If you’ve bought your furniture (this excludes Furniture To Go) using the interest free loan option, your first payment will be 6 weeks from the date M&S Money receive your signed application. Please note, applying for an interest free loan may affect the delivery lead time shown on your order confirmation.

Currently, all card transactions will be processed when your complete order has been received by our home delivery service.

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Delivery

All furniture orders are delivered within the UK mainland and Northern Ireland by our home delivery service
Each vehicle has a trained crew of two men, who carry identification cards at all times.

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Delivery arrangements for furniture

When your order is ready, our home delivery service will contact you to confirm your delivery date and a four hour timescale, e.g. 10 am to 2 pm. Your delivery won’t happen until you’ve been contacted by phone or by letter and you have accepted the delivery offered.
To help you plan your day, at the time of booking, you can ask the crew to contact you up to an hour before expected delivery. On the delivery day the crew will contact you to inform of any delay.
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.
If you have used our 48 hour delivery service, the home delivery service will contact you (excludes Bank Holidays) to confirm your delivery. we will specify a morning (7am-1pm) or afternoon (1pm- 8pm) for delivery.

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On delivery

Before our crew arrive, please ensure that normal ground floor access and the room itself have enough space for your new furniture to be delivered, our crew will unpack and assemble your furniture. All packing materials will be taken away, disposed of and recycled where possible. To make sure you’re completely satisfied the crew will ask you to inspect your items carefully and will give you a checklist to help you do this. After this, you’ll be asked to sign for the furniture. It’s therefore essential that you’re present. If you’re not satisfied for any reason, please inform the crew.
Furniture to Go items will be delivered to your room of choice and left packaged. Some products may require self-assembly (instructions will be provided). A signature on receipt will be required.

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Delays

Occasionally, the delivery of your furniture may be delayed or postponed.We will, or course, make every effort to keep you informed and discuss revised delivery timescales.

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After delivery

Your furniture is manufactured to the highest standards. Look after it according to the care instructions and it’ll give you good service. should you have any issues, we have a dedicated customer service team who can be contacted on 0845 7 624 624.

(In all cases you will be dealt with in accordance with your legal rights).

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Large Appliances Terms & Conditions

Cancellations, amendments & returns (Tel: 0870 197 4333)
If you wish to cancel your order we ask that you give us at least 48 hours notice before your planned delivery date and you will receive a full refund. 

Once you have accepted delivery of your order, you have the legal right to cancel within 7 working days of receipt.  Items should be in a resaleable condition.  Due to the size and nature of the goods, you cannot return the goods to us yourself, but you will have to meet the cost of collection (up to £100) of which you will be notified at the time of cancellation.

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

Delivery & Connection
Please make sure there is normal ground floor access, and that the route and the room are large enough to accommodate your order. Our crews will use protective coverings before taking the appliance into your Home.


At point of order you can request that our delivery crew connect your freestanding washing machine, tumble dryer, and dishwasher. Included in the connection will be the removal of transit brackets and a testing of the appliance. We are unable to connect refrigeration or cooking appliances. Connection can only be carried out to an existing standard domestic appliance water connection, situated within one metre of the appliance’s location, and to a suitable existing 13 amp socket within reach of the appliance’s power lead. The delivery crew will be unable to connect your new appliance if:-


1. The old machine is not disconnected.
2. Any electrical/plumbing supplies needed, fail the delivery crew’s testing or are considered unsuitable.
3.Any drainage waste facilities needed are unsuitable.
4.Mechanical adjustments are required to the appliance(s)
to overcome such issues as water pressure problems.

All packing materials will be taken away and recycled where possible. To make sure you are completely satisfied, the delivery crew will ask you to inspect your items carefully before signing for delivery and connection if applicable. It is therefore essential that you are present to sign. If you are not satisfied for any reason, please inform the delivery crew before signing.


Delays
Occasionally, delivery of your order may be delayed or postponed. We will, of course make every effort to keep you informed and discuss revised delivery timescales with you.

After Delivery
If you have any issues, please call our customer services department on 0870 197 4333 or email largedomesticappliances@marks-and-spencer.com (in all cases you will be dealt with in accordance with your legal rights).

How can I recycle my old electrical items in the UK?
On 1st July 2007, the Waste Electrical and Electronic Equipment (WEEE) Regulations were implemented in the UK in order to reduce the quantity of electronic waste being sent to landfill and thereby protect our environment. Marks & Spencer has joined a new body - the Distributor Take-Back Scheme (DTS) - which will allow you to deposit your old electrical and electronic items at UK recycling sites, free of charge.
To find your nearest recycling site for waste electrical and electronic items, visit www.recycle-more.co.uk and simply type your postcode into the recycling bank locator. You'll find advice and tips on other aspects of recycling too. It couldn't be easier!

Q) How will I know if the products I buy can be recycled?
A) All electrical and electronic products and/or packaging now carry a "crossed out wheelie bin" logo to help you identify products that are recyclable.

Q) Will M&S take back my old electrical and electronic items in store?
A) No, our UK stores will not accept electrical items in store for recycling. Instead, M&S has contributed to the funding of an alternative network of UK recycling facilities as stated above. Store colleagues will however be able to advise you as to the location of recycling facilities in your area.

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Made to Measure Shirts Terms & Conditions

Cancellations, amendments & returns
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.

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. 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 &MORE Credit Card, the &MORE Chargecard, 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.

    &MORE points
    Please note that if you buy from our Made to Measure shirt range you will earn only one &MORE point for every £2 you spend on your &MORE 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
    Made to Measure shirt orders will be delivered within 21 days. Delivery is free.

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    Gift Card Terms & Conditions

  • Gift cards can be redeemed at Marks & Spencer stores in the UK, Eire and the Channel Islands, including Outlets but excluding BP stores.
  • Gift cards may be exchanged for goods of a higher price than the value stored on the card on payment of the difference.
  • If any product purchased with a gift card is subsequently exchanged for a product of a lower price or a refund, any money owing will be added to the remaining balance on the card.
  • This gift card cannot be exchanged for cash or used to pay for M&S Money services, products or outstanding card balances.
  • If you do not spend the entire balance on the gift card the remaining balance will be updated after each transaction and shown on your printed till receipt.
  • Gift cards can be activated with a minimum value £1 or €1 and have a maximum value limit of £500 or €700.  Cards can be topped up (in stores) to the maximum value limit.
  • 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.
  • Please check in store for balance enquiries or contact us by phone (local rates apply) on 0845 604 5 604 in the UK and Channel Islands or 1890 719380 in Eire (mobile rates may vary).
  • Please treat gift cards as cash. Marks & Spencer will not accept liability for lost, stolen or damaged cards.
  • Gift cards cannot be returned or refunded, except in accordance with your legal rights.
  • Marks & Spencer reserves the right to amend the terms and conditions of the gift card at any time and to take appropriate action, including the cancellation of the card if, at its discretion, it deems such action necessary. This does not affect your legal rights.

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