WEBSITE 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 marksandspencer.com/au whether as a registered user or as a guest and any product or service you order from us.
To help you find the information you are looking for, we have divided these Terms and Conditions into 5 sections. These are:
|View information about M&S||A. Information about Marks & Spencer:
You can find out how to get in touch with us or view our registered company details here
|View our Website Terms||B. Website Terms:
You can view the legal terms and conditions that apply when you access, browse and use marksandspencer.com/au here
|View our General Terms and Conditions of Sale||C. General Terms and Conditions of Sale:
You can view the legal terms and conditions that apply to any product or service that you order from marksandspencer.com/au here
|View our Legal Terms||D. Legal Terms:
You can view the legal terms and conditions that apply to these Terms and Conditions.
You can learn what personal information marksandspencer.com/au collects and uses about you when you access, browse and use this website (including registering with this website) and see what rights you have to control our use of your personal information here
In addition to these 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
Global-E is our international sales facilitation and fulfilment partner and will be the company that you contract with for any purchase of products or services. Global-E will take your payment and approved carriers will deliver your orders. For full details of our returns and refunds policy, please go to Part C of our Terms and Conditions.
If you want to ask us anything (whether about our products and services, this website, any of our terms and conditions or otherwise), or if you want to file a claim regarding an order or delivery, then please contact us.
PART B: WEBSITE TERMS
The Terms and Conditions apply to your use of the M&S website at www.marksandspencer.com/au and to any order you place on the Website. The Terms and Conditions apply regardless of how you access the Website, including any technologies or devices by which M&S makes the Website available to you at home, on the move or in store. You must read these Terms and Conditions carefully, and we recommend that you download or print and keep a copy for your future reference. By accessing, browsing, using, registering with, or placing an order on the Website, you confirm that you have read, understood and agree to these Terms and Conditions in their entirety. If you do not agree to these Terms and Conditions in their entirety, please do not use this Website.
YOUR USE OF THIS WEBSITE
You may only use this Website for lawful purposes and you may not use it in a way that infringes the rights of anyone else or that restricts or inhibits anyone else's enjoyment of the Website.
You may not, without our prior written consent, copy, reproduce, crawl, frame, republish, download, print, post, distribute, re-post, broadcast, record, transmit, edit, communicate to the public, link to, deep-link into, or distribute in any way the web pages or materials on the Website or the computer codes or elements comprising the Website other than solely for your own personal or internal business use. You may not use the content of the Website for any commercial purposes whatsoever.
OWNERSHIP OF RIGHTS
All rights, including copyright, know how, moral rights and other intellectual property rights over all material and content including (but not limited to) text, images, web pages, sound, software, software code, interfaces, website structure and videos, in and to this Website are owned by or licensed to M&S unless otherwise indicated.
Your use of the Website and its contents grants no rights to you in relation to our intellectual property rights, our other exclusive rights or those rights of third parties in either the Website or its contents.
By submitting information (other than your personal data), text, photos, graphics or other content to the Website you confirm that you have the right to use the same and grant us a right to use such materials at our own discretion (with or without accreditation) in any media including, without limitation, to edit, copy, reproduce, disclose, post and remove such materials from the Website.
You further agree to execute all such documents and do all such acts and things as we may reasonably require in order to assign any such rights to us and to waive any moral rights you acquire in or to the Website.
Ownership of Submissions
Social networking sites
Intellectual Property Rights
A disclosure, Submission or offer of any Submissions and your agreement to these Website Terms shall constitute a perpetual, irrevocable and non-exclusive licence to M&S of any intellectual property rights. Whenever you make use of a feature that allows you to upload material to the Website, including questions, or to make contact with other users of the Website or to make Submissions on any M&S related third party website or page, you must comply with the content standards set out below and these Website Terms. Any third-party advertising on M&S pages of third party social networking sites are not the responsibility of, or endorsed by M&S. All rights, including copyright on M&S Website pages are owned by or licensed to M&S. Any use of any M&S social networking pages or their contents, including copying or storing them in whole or in part, other than for your own personal, non-commercial use is prohibited without the permission of M&S. By making a Submission you confirm that the Submission is your own and that the content does not infringe the material, trade marks, intellectual property rights or any other rights of others.
Any material you upload to our Website in a Submission will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any material in the Submissions for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to the Website or any M&S related third party social networking site constitutes a violation of their intellectual property rights, or of their right to privacy. We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our Website. We have the right to remove any Submissions you make on our Website if, in our opinion, such Submission does not comply with the content standards set out below.
Rules for Submissions
You must be 18 years of age or older and registered to post a Submission. Suppliers or manufacturers are not eligible to post a Submission.
Please be polite and only write in English (or the applicable language for the M&S Website on which you are posting a submission). If you require an immediate response from us or have a comment about our service please contact us directly for a quicker response.
Submissions should not include:
- • profanity, blasphemy, spiteful, racist, sexually explicit, sexually gratuitous or discriminatory comments or content that might be considered to be harassment, abuse or threats against the personal safety or property of others
- • comments about other reviewers or bloggers
- • remarks that repeat criminal accusations, false, defamatory or misleading statements
- • material which impersonates others or personal information about anyone, including yourself, such as phone numbers, postal addresses or credit card numbers
- • spam or advertising
- • third party brand names or trade marks
- • HTML code, computer script or website URLs
- • availability, price or alternative ordering or delivery information
- • information about M&S suppliers or manufacturers
M&S, in its absolute discretion, reserves the right to not publish the Submission or remove it, take any appropriate action if deemed necessary or remove reviews which relate to seasonal products which are no longer in season.
Please let us know if you see any Submissions which do not comply with our rules.
Accuracy of content
To the extent permitted by applicable law, M&S disclaims all representations and warranties, express or implied, that content or information displayed in or on this Website is accurate, complete, up-to-date and/or does not infringe the rights of any third party.
The views expressed in user generated content are the opinions of those users and do not represent the views, opinions, beliefs or values of M&S or any of its group companies.
Damage to your computer or other device
M&S uses reasonable efforts to ensure that this Website is free from viruses and other malicious or harmful content. However, we cannot guarantee that your use of this Website (including any content on it or any website accessible from it) will not cause damage to your computer or other device. It is your responsibility to ensure that you have the right equipment (including antivirus software) to use the Website safely and to screen out anything that may damage or harm your computer or other device. Except where required by applicable law, M&S shall not be liable to any person for any loss or damage they suffer as a result of viruses or other malicious or harmful content that they access from or via the Website.
Links to other websites
We have placed links on this Website to other websites we think you may want to visit. We do not vet these websites and do not have any control over their contents. Except where required by applicable law, M&S cannot accept any liability in respect of the use of these websites. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of third party websites or for the content of any third party websites.
PART C: GENERAL TERMS AND CONDITIONS OF SALE
These general terms and conditions of sale (“General Terms and Conditions of Sale”) apply to any order you place through www.marksandspencer.com/au. These General Terms and Conditions of Sale apply regardless of how you access the Website, including via any technologies or devices by which M&S makes the Website available to You at home or on the move. You must read these General Terms and Conditions of Sale carefully. By placing an order through the Website, you confirm that you have read, understood and agree to these General Terms and Conditions of Sale in their entirety and you agree to be bound by them. If you do not agree to these General Terms and Conditions of Sale in their entirety, you must not order any product or service through the Website.
Please find below information regarding:
- • Contractual partner
- • Opening an account and placing an order
- • Acceptance of your order
- • Payment
- • Delivery
- • Changes to your order
- • Your right to cancel
- • Our goodwill refund policy
- • Product and service description
- • Liability
- • Assignment, waiver and third party rights
- • Information about Online Dispute Resolution and Alternative Dispute Resolution
- • Applicable law
The seller on record for all contracts for the purchase and sale of M&S products from the Website is Global-E. Global-E will take your payment and approved carriers will deliver your orders.
Opening an Account and Placing an Order
To place an order, you can open an account with us (“Your Account”) which will require you to provide some compulsory personal information. Alternatively, you can choose to place your order via the guest checkout.
You confirm that all information and details provided by you to us (including on registration) are true, accurate and up to date in all respects and at all times. You can update or correct your details at any time by going to Your Account.
When you create an account we may provide you with and/or ask you to use passwords or other means to allow you to access certain areas of the Website and/or to maintain your account security. It is your responsibility to maintain the confidentiality of your password and account information. M&S shall not be liable to any person for any loss or damage which may arise as a result of any failure by you to protect your password or account. Should you become aware of or suspect any unauthorised use of your password or account, please contact us. If M&S is suspicious of any fraudulent activity coming from your account, it can reserve the right to refuse you access to your account and can delete the account.
Acceptance of your order
Please note that completion of the online checkout process does not constitute our acceptance of your offer to purchase products or services from us. We will notify you by email as soon as possible to acknowledge that we have received and are processing your order. Our acceptance of your order will take place only when we despatch the product(s) or on commencement of the services that you ordered from us. This will be no later than 1 week after we have received payment from you. Prior to despatch of the product(s), M&S has the right to decline an order for any reason, including legal and regulatory reasons.
The duration of our contract with you will start from when you receive the order despatch email and last until the last day of your right to return the products.
If we cannot supply you with the product or service you ordered, we will not process your order and inform you of this in writing (via email) and, if you have already paid for the product or service, we will refund you in full as soon as reasonably possible, but in any event no later than 14 days after receipt of your payment.
If the fulfilment of an order (or any aspect of it) would be illegal or unlawful, including by reason of breach of export controls or sanctions rules, M&S and Global-E have the right to stop or cease to fulfil the order at any time, including after despatch of products and/or notification to you that the order has been received and is being processed. You acknowledge that M&S and Global-E shall not incur any liability in such circumstances.
Payment is taken by our international sales facilitation and fulfilment partner, Global-E.
Accepted Payment Methods
You may pay by debit card, credit card or another alternative payment method specified as part of the checkout process. Global E may change the payment methods at any time but this will not affect any existing order. The availability of a certain payment method may depend on your geographical location.
If you place an order on our Website, then you acknowledge and agree that: (i) Global-E will charge you through the payment method you have selected for your order and such other amounts that may accrue in connection with the order; (ii) that you will provide valid and current information for (a) yourself and (b) if applicable, another person, but only if you have first obtained their express consent to do so; (iii) that Global-E may use tools, software or services of payment processors to process transactions on their behalf; and (iv) if your payment is not received by Global-E for any reason from your card issuer, you agree to promptly pay all amounts due upon request and using the method that Global-E reasonably prescribes.
The price of products is calculated according to the rate of exchange between the base currency on our Website and the currency that you select as part of the purchase process at the time you place your order. Global-E reserve the right to update such exchange rates regularly at its sole discretion, and you acknowledge that such updates may affect product pricing on the Website. You will be charged according to the applicable exchange rate at the time you place your order via the Website.
For certain shipping destination countries and/or products, you may be offered the option to pre-pay applicable taxes, which will then be calculated and included in the final price when you place an order through the Website. You acknowledge that such taxes are set by the shipping destination country and therefore may vary from country to country.
For clarity, the option to pre-pay taxes may not be available for your shipping destination country and/or your products, in which case: (a) you acknowledge that the amount of taxes displayed under the pre-pay option on the Website is an estimate only, and the actual taxes payable by you may be more or less than such estimate; and (b) you will be fully responsible for paying all applicable taxes directly to the relevant authority (and for reclaiming them in the event of a cancellation of your order or the return of products, to the extent permitted in the these Terms) as determined by the authorities of the shipping destination country, and Global-E shall have no responsibility or liability in connection with the foregoing.
Global-E may contract with a local licensed customs broker in your country, in which case, by placing an order through the Website, you authorise the applicable customs broker to act as your agent to: (a) conduct transactions with the local customs authority, (b) execute related documents on your behalf in connection with the import of products in your order, (c) facilitate your payment of applicable taxes; and (d) if applicable, return such products to M&S (subject to these General Terms and Conditions of Sale) and (if applicable) handle the associated reimbursement claim for taxes paid. You acknowledge that, in the case of a return of products under the General Terms and Conditions of Sale below, if Global E are able to obtain on your behalf reimbursement of taxes paid on orders, any such reimbursement will be paid by the applicable tax authority to the customs broker, and then Global-E will reimburse such amounts directly to you if and to the extent, and only after, Global-E receives such amounts from the customs broker.
Delivery (including delivery charges and timescales)
Delivery charges and timescales vary depending on the type of products ordered, the service you select and the delivery address. You’ll find full details of our delivery charges here.
If no fixed date or timeline has been agreed upon, our deliveries are performed within a maximum period of 30 days.
Please note that certain products and services may be subject to alternative delivery charges, restrictions and/or timescales. If delivery cannot be made to a customer due to the customer not being present at the address at the time allotted by the carrier or if a customer refuses to accept the products, M&S reserves the right to deduct the cost for returning products to the M&S returns centre from the customer's refund for the order.
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.
Where the supply of your product(s) or service(s) is delayed or prevented for reasons beyond our control (for example, material shortages, import delays or higher than anticipated demand) we will make every effort to keep you informed but shall be under no liability to you for such delay or failure. For the avoidance of doubt, this paragraph does not exclude or effect in any way any statutory right that is afforded to you to cancel an order when a product is delayed or not provided.
Our Goodwill Refund Policy
Our “goodwill” refund policy does not affect your legal rights under the CRD or other applicable legislation.
Our “goodwill” refund or exchange policy (where there is no legal right to a refund or exchange under the CRD or otherwise) is offered on clothing and homeware when goods are returned in a resalable condition with a parcel summary document within 35 days of placing your order. For a refund under our goodwill policy, items must be unused, returned in the original packaging and in a re-saleable condition.
To return your items under our “goodwill” refund policy, please use our returns portal to print a returns label and returns note. You will need to return all or part of your order at your own cost through your preferred carrier.
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.
If you are a non-EU customer please note you may have cancellation rights governed by local legislation. Nothing in these General Terms and Conditions of Sale will affect these statutory rights.
Exclusions from the goodwill policy
The following items are excluded from our "goodwill" returns policy:
Gift cards, beauty*, food, food gifts, Food to Order, Lunch to You, earrings, wine, hampers, duvets*, pillows*, bra accessories, made to measure orders, flowers, plants, fruit baskets, lingerie (not including bras), swimwear*, toiletries*, non-M&S branded toys and gifts*, non-M&S branded luggage and personalised items and any products with a seal where the seal is broken. These products can only be returned in accordance with your legal rights (for example, if they are not fit for purpose or not as described).
*Please note that these products and electronic items can only be returned under our goodwill policy if they are unopened and have the security seal intact.
Some of these items may have their own terms and conditions which will be provided to you at the time of purchase.
Damaged or incorrectly supplied products
You should check all products you receive against your order. If the products you receive are damaged or incorrectly supplied on delivery then you must note the details of any damage or error in supply on the delivery documentation or if you are unable to view the items on receipt, you must inform us (by post, phone or email only) within a reasonable period of time. You must return the products to us as soon as possible after informing us that the products are damaged or have been incorrectly supplied.
In the case of damaged or incorrectly supplied goods, we will offer you a refund. Any refunds will be given by Global-E and 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.
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 your local currency and local tax where applicable 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; and
• all items are subject to availability. We will inform you as soon as possible if the product(s) or service(s) you have ordered are not available and we may offer alternative product(s) or service(s) of equal or higher quality and value.
You agree that you will not use, sell or supply any product(s) purchased from M&S in an unlawful manner and, in particular, will comply with all export controls and sanctions rules.
Nothing in these General Terms and Conditions of Sale limits our liability for personal injury or death caused by our negligence, fraud or any matter that cannot be limited or excluded by law. Nothing in these General Terms and Conditions will affect your statutory rights and, in particular, we will perform our obligations under these General Terms and Conditions of Sale with reasonable care and skill.
Any products we supply to you will be of satisfactory quality. If we deliver a product to you that is not of satisfactory quality, you can contact us for a repair or replacement or, where this is not possible, for a refund.
We are only responsible for losses that are a natural, foreseeable consequence of our breach of these General Terms and Conditions of Sale. We will not be liable to you if we are prevented or delayed from complying with our obligations under these General Terms and Conditions of Sale by anything you (or anyone acting on your behalf) does or fails to do or due to events which are beyond our reasonable control.
You must follow any advice we give you to keep products we supply to you safe (including any instructions or product manuals provided with the products). We cannot accept liability for damage to products we have supplied which is caused by your failure to follow this advice.
In any event we will not be liable for any losses related to any business of yours including (without limitation) lost data, lost profits, lost revenues or business interruption.
PART D: Legal Terms
Exclusions of liability
Except as expressly provided in these Terms and Conditions, we exclude all representations, warranties, conditions and terms (whether express or implied by statute, common law or otherwise) to the fullest extent permitted by law. We accept no liability for any losses or damages which are not reasonably foreseeable arising out of or in connection with these Terms and Conditions or your use of the Website.
These exclusions shall be governed by and construed in accordance with English law, subject to other mandatory laws which cannot be excluded in the country where you are resident. If any provision of these disclaimers and exclusions shall be unlawful, void or for any reason unenforceable then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
Nothing in these Terms and Conditions shall exclude or limit our liability for personal injury or death caused by our negligence. In addition, these Terms and Conditions shall not limit or exclude any other liability that we are not permitted to limit or exclude under applicable law.
Other legal notices
There may be legal notices on other areas of this Website which relate to your use of the Website, all of which will, together with these Terms and Conditions govern your use of this Website.
Assignment and Third Party Rights
You may not assign or sub-contract any of your rights or obligations under these Terms and Conditions to any third party unless we agree in writing.
We may assign, transfer or sub-contract any of our rights or obligations under these Terms and Conditions to any third party at our discretion. However, where we have engaged a third party to perform part of the contract with you, we remain liable towards you for the full performance of our agreement and also for the performance by the third party.
Only you, Global-E and M&S shall be entitled to enforce these Terms and Conditions. No third party shall be entitled to enforce any of these Terms and Conditions, whether by virtue of the Contracts (Rights of Third Parties) Act 1999 or the applicable local legislation.
No relaxation or delay by us in exercising any right or remedy under these Terms and Conditions shall operate as waiver of that right or remedy or shall affect our ability to subsequently exercise that right or remedy. Any waiver must be agreed by us in writing.
If any of these Terms and Conditions are found to be illegal, invalid or unenforceable by any court of competent jurisdiction, the rest of these Terms and Conditions shall remain in full force and effect.
These Terms and Conditions and any document expressly referred to in them set out the entire agreement between you, Global-E and us and supersede any and all prior terms, conditions, warranties and/or representations to the fullest extent permitted by law.
Law, jurisdiction and language
Any matters that arise out of your use of this Website (including any contract entered between you and us through the Website) shall be governed by the laws of England and Wales and subject to the non-exclusive jurisdiction of the courts of England and Wales. If you are a consumer resident in an E.E.A member state, you may bring a claim to enforce your consumer rights in connection with the use of this Website before the courts of England and Wales or the courts of your resident country, it being agreed and understood that in no case may this governing law prejudice the level of a consumer’s protection ensured by the laws of your country of residence. All contracts for the purchase and sale of M&S products from the Website shall be concluded in the language of these Terms and Conditions.
Changes to these Terms and Conditions
We reserve the right to change and update these Terms and Conditions from time to time and recommend that you revisit this page regularly to keep informed of the current Terms and Conditions that apply to your use of the Website. In the event of a change or an update to these Terms and Conditions we will flag it in an appropriate way on the Website. By continuing to access, browse and use this Website, you will be deemed to have agreed to any changes or updates to our Terms and Conditions.