Home .IRELAND WEBSITE TERMS & CONDITIONS
WEBSITE TERMS & CONDITIONS
Last updated 1 July 2014
About Our Terms and Conditions
Who We Are
Use of the Website
Terms and Conditions of Sale and Purchase
Product and Service Descriptions
Age Restrictions on Purchase
Opening an Account and Placing an Order
Acceptance of Your Order
Shop Your Way (in store ordering and collection)
Additional Terms and Conditions for Purchase of Luggage
International Pricing Issues
Cancellation and Returns
Return Policy (applicable to Germany only)
Refund Policy under the Directive
Our Goodwill Refund Policy
General Website Terms
Ownership of Rights and User Content
Promotion Codes and Gift Cards
Exclusions of Liability
General Contractual Clauses (Sections 14 to 19)
Changes to these Terms
Additional Terms & Conditions – Guidelines for Product Reviews and Question & Answer
Contact Us Details
ABOUT OUR TERMS AND CONDITIONS
Marks and Spencer (Ireland) Limited owns and operates this website, www.marksandspencer.eu/.fr/.ie (including the websites (the Website”) for Austria, Belgium, France, Germany, Holland, Ireland, Luxembourg and Spain) (the ”International Website Territories”).
These terms are available in Spanish, English, Dutch, German and French.
These Terms will apply to all users of the Website regardless of how the Website is accessed and will cover any technologies or devices by which Marks and Spencer (Ireland) Limited makes the Website available to You.
These terms and conditions, including any other policies or documents referred to in these terms and conditions, (together the “Terms”) are the Terms on which this Website and all products and services are made available to you ("You"/"Your").
You must read these Terms carefully before using the Website and before ordering or registering with Marks and Spencer (Ireland) Limited. By accessing, browsing and/or using the Website You agree to be bound by these Terms in their entirety, whether or not You open an account through the Website, register with the Website or log into Your account.
Whilst not compulsory, We recommend that You print and keep a copy of these Terms for Your future reference. Click here to print or download. Alternatively You can review these Terms via the Website.
If You do not agree to abide by these Terms, do not use, access or order via the Website.
Certain products which are made available to You on or via the Website, and which You may order, are subject to additional terms and conditions. You will be notified of these additional terms and conditions when You access the relevant parts of the Website that relate to these products. Please note that if You order products that are subject to additional terms and conditions You will be seen as accepting them.
If You have any questions, complaints or comments relating to this Website or these Terms, then please click here to contact us.
WHO WE ARE
Marks and Spencer (Ireland) Limited is a company incorporated in Ireland (Company Number 16855) whose registered office is at 24-29 Mary Street, Dublin 1, Ireland. Please click here for details of our VAT registration number.
Marks and Spencer (Ireland) Limited (“M&S”, “We”, “Us” and “Our”) is part of the group of companies which are wholly or partly owned by Marks and Spencer plc (“M&S Group”). The M&S Group includes Marks and Spencer plc, Marks and Spencer (Ireland) Limited and other associated companies from time-to-time.
1. Use of the Website
1.1. By using this Website You confirm that all the information you provide when You place an order and/or register an account with M&S is true and accurate and that You will keep this information up-to-date.
1.2. You agree that when using the Website and ordering any products You shall:
a. only use this Website for lawful purposes;
b. not use this Website in a way that may lead to the encouragement, procurement or carrying out of any criminal activity;
c. not access or attempt to access the accounts of other users;
d. not use this Website in a way that infringes the rights of anyone else or that restricts or inhibits anyone else's enjoyment of the Website;
e. not breach the provisions of Section 10 of these Terms (usage of Intellectual Property);
f. not knowingly or negligently introduce viruses, Trojans, worms or other harmful material onto the Website or Our servers; and
g. not penetrate or attempt to penetrate the Website security measures, or attack the Website servers via a denial-of-service attack or a distributed denial-of service attack.
1.3. M&S has the right to remove any material or posting You upload or make on the Website and reserves the right to suspend, restrict or terminate Your access to the Website at Our sole discretion and at any time without notice to You if We have reasonable grounds to believe that You have breached any of the Terms.
1.4. M&S has an unlimited right to take any appropriate action against You in order to defend Our rights or those of any other person.
1.5. When You use the Website, place an order with M&S, have Your order delivered and/or where You have chosen to collect Your products from an M&S store in Your country ( where possible in accordance with Section 3.19 below), Your personal data may be processed and stored by M&S and/or M&S Group.
2. Terms and Conditions of Sale and Purchase
Product and service descriptions
2.1. M&S has taken reasonable precautions to try to ensure that prices quoted on the Website are correct and that all products have been described fairly. However, when ordering products through the Website, please note that:
a. the weights, measurements, sizes dimensions and capacities shown on the Website are approximate only;
b. packaging may vary from that shown on the Website;
c. 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 display settings and We cannot guarantee that Your monitor's display of any colour will accurately reflect the colour of the products on delivery and/or receipt;
d. whilst We ensure that all the products will correspond with their Website description, variations in the manufacturing processes, Your monitor settings and Your computer hardware may affect the appearance of fabrics and designs of the products meaning that products delivered may have minor differences in appearance to how they are displayed and described on the Website;
e. all M&S products are subject to availability, meaning We may not always be able to supply Your order. We will inform You as soon as possible if any product You have ordered is not available and, if agreeable to You, We may offer You an alternative product of equal or higher quality and of a similar value;
f. please note that We will only process Your order if there are no material errors in the description of the product(s) as advertised on this Website and on authorisation of Your payment card, invoicing request or alternative approved payment method;
g. the products, services and promotions which are offered on the Website may not be available in any or all M&S stores in Your country (if applicable) and vice-versa.
2.2. The purchase of certain products which are made available on the Website may be subject to age restrictions as specified on the Website. We are not permitted by law to supply these products to individuals who do not satisfy these age requirements and, if You are underage, You must not attempt to order these products through the Website.
Age restrictions on purchase
2.3. If You order a product to which a minimum age requirement applies, by ordering that product You confirm that You (and, if different, the recipient of the product) are of the required age necessary to buy that product. If We reasonably believe that You are not legally entitled to order a product, We reserve the right to cancel Your order.
3. Your Order
Opening an Account and Placing an Order
3.1. For information on how to place an order with Us using the Website, please click here.
3.2. When placing an order with Us You can choose to place Your order via the guest checkout or by opening an account with Us.
3.4. When You register for 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, such as in the My Account section of the Website. It is Your responsibility to maintain the confidentiality of Your password and account information.
3.6. If You have any problems whilst processing Your order please Contact Us.
Acceptance of Your order
3.7. If You are a resident of the International Website Territories (save for Spain), please note that all orders submitted by You are an offer to purchase and are subject to acceptance by Us in accordance with paragraph 3.9 below. Please also note that completion of the online checkout process does not constitute Our acceptance of Your order. Our acceptance of Your order will take place when We notify You that We have dispatched Your order.
3.8. If You are a resident in Spain, please note that Your order will be subject to the precedent and material condition that We are able to take payment from You. Confirmation of Your order will be provided when We notify You that We have dispatched Your order.
3.9 We may choose not to accept and/or confirm that any contract between You and Us is complete for any reason without liability to You if We have valid reasons. Examples of such valid reasons include, but are not limited to:
a. If products are shown on the Website but are not available or are incorrectly priced or otherwise incorrectly described;
b. If M&S is unable to obtain authorisation of Your payment or payment method; or
c. Incorrect/inaccurate delivery address details being entered.
d. If shipping restrictions apply to particular products.
3.10. Before You submit Your order, You have the opportunity to review and confirm all the products You are ordering, in order to check the total price of Your order and see the items in Your shopping basket. This will allow You to correct any input errors and will show You any applicable discounts to the products prior to submission.
3.11. You will be asked to input Your delivery details before confirming Your order. Once You have confirmed Your order You will then be asked to input Your payment details. This process is explained in more detail below at Section 4.
3.12. If You place Your order for products over the telephone with the customer services team or in an M&S store in Your country (if applicable) (see Section 3.19), M&S will confirm acceptance of Your order and/or that any contract between You and Us is complete when We notify You that We have dispatched Your order.
3.13. When You have supplied Us with Your email address after entering Your payment details, You will receive an email notification to confirm that M&S has received Your order (“Acknowledgment email”). Please note that this Acknowledgment email does not mean that We have accepted Your order and/or confirmed that any contract between You and Us is complete. This Acknowledgement email will contain an order number, details of the products You have ordered from M&S and details of delivery.
3.14. We will retain a copy of any orders made by You and Acknowledgment emails We send You. If You have registered for an account with Us, You can access details of Your orders via Your account; if not, please contact Us if You need information about any of Your orders.
3.15. All products that You order through the Website will remain the property of M&S until they have been delivered to the address specified.
3.16. 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 or, where specified, to Your nominated safe place. Where You nominate a safe place, all risk in the products shall pass to You once they are delivered to that safe place.
3.17. If M&S cannot supply You with the products You have ordered, We will not process Your order but instead will inform You of this in writing (including by e-mail) and, if You have already paid for the products, We will give You a full refund, as soon as reasonably possible, being no more than 30 days from the date on which Your order was cancelled. If You have chosen to be invoiced for the products You have ordered, the invoice will be amended accordingly.
3.18. If You order products or a 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:
a. the gift message service is provided for Your own personal and non-commercial use only;
b. the gift message You instruct M&S 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;
c. You will not impersonate any person, including but not limited to any of M&S Group’s employees or customers;
d. You are entirely responsible for the text and other content of Your gift message and M&S accepts no liability for any such content;
e. M&S does not pre-screen messages, but may monitor content from time to time for the purpose of guarding against unlawful or inappropriate content; and
f. M&S has the right to refuse to send messages which are in breach of these Terms and to terminate access to the gift message service at any time and without liability to You.
Shop Your Way (In store ordering and collection) – France, Holland and Ireland only.
3.19. You can place orders for products via the Website or in a store for delivery to Your home. In some stores You can also place orders for products via the Website or a store for delivery to a store for collection. For more information please visit Our FAQs.
Additional Terms and Conditions for Purchase of Luggage
3.20. We have extended product guarantees on all luggage that You purchase through Our Website. From the date of purchase, value luggage is guaranteed for three years and all other luggage for five years, both against faulty workmanship, unless otherwise stated. Please note that leather bags are excluded from these guarantees.
3.21. Should a fault occur as set out in Section 3.20, please contact Customer Services. Please click here for details of Customer Services.
3.22. The above guarantee will not cover damage to Your luggage caused by overloading, airline damage, accidental damage, neglect or normal wear and tear. If Your luggage is damaged by an airline You should inform the airline or their representative in order to make a claim against the airline.
3.23. Please note that the above guarantee is in addition to Your legal rights and does not affect Your other legal rights, for example Your right to a refund in the event the product is not of “satisfactory quality”.
4.1. Unless otherwise expressly agreed by Us or when You choose an invoicing payment method, all shipments by Us shall require advance payment (to be made in the manner specified during the checkout process).
4.2. During the checkout process, You will be asked to enter and complete Your payment details. All compulsory fields will be marked and must be completed. You will not be able to complete Your order until these details have been entered.
4.3. Please note that some payment methods available on the Website may be subject to additional terms and conditions. Where this is the case, You will be provided with details of such additional terms and conditions and asked to agree to them before confirming Your order.
4.5. You confirm that all payments made by You will be from Your own credit/debit card or payment account (as applicable).
4.6. All payments are subject to authorisation by the relevant payment processor or card issuer (as applicable). If Your card issuer or the relevant payment processor refuses to authorise payment it will not be possible to complete Your order and M&S will not be liable for any delay or non-delivery of Your product(s). M&S will take payment at the same time as You place Your order or shortly before shipment of Your order (depending on the payment method chosen), except where You choose to be invoiced for the product(s) You have ordered, in which case You will be sent an invoice for payment on or after delivery of the product(s) You have ordered. This payment will include both the sum payable for the products ordered and, where applicable, the sum owing for the delivery of Your products.
4.7. Except where You choose to be invoiced for the product(s) You have ordered, if there is an error and Your payment is not received by M&S but You still receive or already have received the products You ordered, You must immediately pay for these products or return the products to M&S at the address provided or to an M&S store in Your country (if applicable) in accordance with M&S’s reasonable return instructions and in the same condition that You received them. You must do so at Your own expense, unless the products were delivered to You in Germany and You return the products using the freepost return option. If You do not do this within 30 days of the date We notify You of the non-receipt of Your payment, We may cancel Your order and collect (or arrange for the collection of) the products at Your expense.
4.8. M&S reserves 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 where the damage is a result of Your actions or Your failure to take reasonable care of the products.
4.9. More information about the various payment methods that M&S will accept can be found within Our FAQs.
5.1. M&S uses all reasonable efforts to ensure that all pricing information on the Website is correct and up-to-date, but errors do sometimes occur. If an error occurs and a product is mispriced, M&S is entitled to not accept Your order and/or confirm that any contract between You and Us is complete, as set out above at Section 3.9. M&S is not obliged to supply or deliver any products which are incorrectly priced, as long as payment has not been received from You and has not been processed.
5.2. All product prices are displayed in Euros and are inclusive of the current rate of any applicable VAT due in the country of delivery, unless expressly indicated otherwise, and do not include the additional cost of any delivery.
5.3. The total cost for delivery will be itemised and identified on the payment screen and in Your Acknowledgment email.
5.4. Occasionally specific products displayed on the Website will be subject to certain promotions and/or discounts. Promotions and discounts are subject to additional terms and conditions. To avoid confusion and to understand Our promotions and/or discounts, We suggest that You always read the additional terms and conditions when applicable on the relevant product page.
5.5. M&S may vary the prices for any product, as listed on the Website at any time and without any notice to You. You will not be charged, nor will any price change be applied retrospectively to products already ordered by You and for which M&S has already received payment.
International Pricing Issues
5.6. International credit/debit card providers or banks will determine the exchange rate of Your purchase and may add an additional processing or administration charge in relation to such payment which You will be liable to pay if You are an international credit card holder.
6.1 Where M&S elects, or is required by applicable law to issue or make available an invoice, M&S reserves the right to issue or make available electronic invoices and You agree to such form of invoicing. M&S will not send You an invoice by any other method, including post.
6.2 If You choose to pay for the product(s) You have ordered by invoice, M&S or Our approved provider will issue You with an electronic invoice (which shall be subject to Our approved provider’s terms and conditions, if applicable) and You agree to such form of invoicing.
7.1. Please note that these Terms do not affect Your statutory rights as a consumer. For more information on Your statutory rights, contact Your local trading standards authority or the equivalent consumer advice body.
7.2. If You have any questions, complaints or comments relating to the delivery of the products, or these Terms, please Contact Us.
7.3. Orders will be sent to the delivery address that You have provided in Your online order form. M&S cannot be held responsible if that delivery address is incorrect or incomplete.
7.4. You may have the option to select delivery to a variety of addresses and to an address that is different from Your billing address. Please note that M&S does not deliver to PO boxes and there are restrictions on the locations to which M&S can deliver products purchased from Our Website.
7.5. Due to customs, legal, regulatory and certain practical restrictions applicable to orders placed, some of the products may not be available for delivery to certain destinations. M&S reserves the right to define what can and cannot be delivered to which destination. Details of the locations to which M&S can deliver to, along with details of delivery charges and timescales can be found here. Prices and timescales may vary depending on the types of products ordered, delivery service selected and Your delivery address.
7.6. Please note that products ordered through this Website cannot be collected from all of Our stores. Please visit Our FAQs for more information.
7.7. These Terms will apply regardless of how You choose for Your products to be delivered.
7.7. Occasionally, the supply of Your product(s) may be delayed or prevented for reasons beyond M&S’s control – for example, supplier material shortages, import delays or higher than anticipated demand. Where this is the case, We will make every effort to keep You informed but shall be under no liability to You for such delay or failure where payment has not been taken.
7.8. In certain circumstances M&S will pay for delivery of Your products. This offer will only be available at certain times and only as specified from time to time by M&S.
7.9. You will be notified when such offer is operating on the homepage of the Website or when You are placing Your order. Further details of the rules governing the offer will be provided on the M&S Offers page, which will be updated regularly.
8. Cancellation, Returns and Refunds
8.1. Please note that where You have a right to return product(s) to M&S under these Terms, You cannot return product(s) to any M&S store in Your country (if applicable) which is an M&S franchise store. For a list of local M&S stores in Your country please click here.
Cooling Off Period and Cancellation Form
8.2. The duration of our contract with You will start from when you order, and we take payment and dispatch the products and until the last day of Your right to cancel. 8.3. Under the EU Directive 2011/83 on protection of consumers in respect of distance contracts (“CRD”) as implemented in Your country, You are entitled to cancel Your contract with Us as follows, regardless of whether the product is damaged or incorrectly supplied:
8.3.1. Your right to cancel products: You can cancel Your order anytime within fourteen calendar days after the day on which You received the products.
8.3.2. Your right to cancel services: You can cancel Your order within fourteen calendar days from the date on which We begin the provision of services to You.
8.4. During the above cancellation period, You have a duty to take reasonable care of the products and retain possession of them.
8.5. All order cancellation requests under the CRD may be sent to Us by email (or Contact Us if You do not have email) or by completing the cancellation form available on our Website and, as the date of Your notice is deemed to be the date on which You send Your notice to Us, please keep some record of this.
8.6. Unless otherwise specified, the right of revocation/cancellation does not exist for the following distance selling contracts:
a. for the delivery of goods which are manufactured according to the customer’s specifications or which are clearly tailored to personal needs or which are not suitable for return due to their condition i.e. for hygiene purposes or which may spoil quickly or whose expiration date would be exceeded; or
b. for the delivery of audio or video recordings or of software where the seal on the data carriers has been broken by the consumer or any other products with a tamper seal where the seal has been broken
8.7. Please note that if You receive the product(s) before cancellation, You must return the product(s) to M&S at Your own cost to the address provided or to an M&S store in Your country (if applicable).
The CRD does not apply to certain products and services : made to measure orders, flowers, plants, fruit baskets, lingerie (for hygiene reasons), food, gifts and personalised items and any products with a seal where the seal is broken.
8.8. Please note that if You receive the product(s) before cancellation, You must return the product(s) to M&S at Your own cost to the address provided or to an M&S store in Your country (if applicable).
8.9. You must return any cancelled products to M&S as soon as reasonably possible after informing Us that: (i) the products are damaged; (ii) the products have been incorrectly supplied; or (iii) You are cancelling Your order under the CRD using one of the available methods.
8.10. If You choose to return any products to M&S, We will not be responsible for any loss or damage that occurs in transit and, for this reason, We recommend that You use a recorded delivery service at your cost. If returned products are lost or damaged in transit, We reserve the right to charge and reclaim from You amounts related to such loss or damage.
8.11. Where You choose not to return product(s) to an M&S store in Your country (if applicable), or where there is no M&S store in Your country, returns should be processed by Your local post office. In order to process all postal returns, we need your order information and quantities of the returned products and advise You to use the pre-filled returns form on the parcel summary which accompanies the product(s) You received from Us to handle your returns successfully and send the completed returns form to Us along with the product(s) You wish to return. A sample copy of the returns form can be found here . We recommend You obtain a receipt of proof of postage as if Your products do not reach Us, We may ask for proof that they were sent to Us.
8.12. To the extent permitted by applicable law, 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 a reasonable period of time. In the case of damaged or incorrectly supplied products, We may offer You a replacement product(s).
8.13. You must not use and/or wear any products You wish to cancel and return and, where possible, products should be returned in or with their original packaging. Fine jewellery must be returned and will only be accepted by M&S if it is in its original packaging.
8.14. Please note that We can only accept returns of products You have purchased via this Website to certain stores; click here for a list of such stores.
8.15. Paragraphs within this Section 8 are not intended to be a full statement of all Your rights under the CRD. For further information about Your statutory rights, contact Your local trading standards authority or local consumer advice centre.
8.16. For further details about how to exercise Your cancellation rights and to access the cancellation form, please see the Returns and Refunds section of the Website.
8.17. M&S will give You a refund where You cancel or return a cancelled product under the CRD. All such refunds will be processed in accordance with Your legal rights and M&S will refund You within 14 days from the date on which We receive the returned products to the specified returns address. Where You have chosen to be invoiced for the product(s) that You have cancelled or returned to Us, You will either be sent an amended invoice or a new invoice will be issued (as applicable).
8.18. If the products have already been delivered to You, You must return the products to M&S as soon as possible at the address specified on the parcel summary or to an M&S store in Your country (if applicable) and We suggest You obtain proof of Your postage. Where You only return part of Your order, We will refund the cost of the products only but not Your delivery charge.
8.19. Any refunds made by Us will be made to the method of payment provided when You placed Your order and will be subject to Our right to withhold amounts for products which are found damaged on return.
Our Goodwill Refund Policy
8.20. Our Goodwill Refund Policy (“GRP”) is separate and distinct to the legal rights available to You under the CRD as implemented in Your country and/or other applicable legislation.
8.21. Our GRP allows You to refund clothing, bedding, towels and soft furnishings, where there is no legal right to a refund or exchange under the CRD or otherwise and where the returned products are in a condition which is suitable for re-sale. To benefit from Our GRP, all products must be returned with a receipt or parcel summary document to the address specified on the parcel summary or to an M&S store in Your country (if applicable) within 35 calendar days of purchase.
8.22. Toiletries, cosmetics, bra accessories, earrings for pierced ears, gift vouchers, gift cards and opened bedding are excluded from goodwill returns. These items can only be refunded or exchanged in accordance with Your legal rights under the CRD as implemented in Your country. 8.24. All applicable refunds will be processed in accordance with Your legal rights and We will refund You within 30 days from the date on which We receive Your products. Where You have chosen to be invoiced for the product(s) that You have returned to Us under Our GRP, You will either be sent an amended invoice or a new invoice will be issued (as applicable).
8.23. All applicable refunds will be processed in accordance with Your legal rights and We will refund You within 30 days from the date on which We receive Your products. Where You have chosen to be invoiced for the product(s) that You have returned to Us under Our GRP, You will either be sent an amended invoice or a new invoice will be issued (as applicable).
8.24. Any refunds made by Us will be made to the method of payment provided when You placed Your order and will be subject to Our right to withhold amounts for products which are found damaged on return.
9. General Website Terms
Accuracy of content
9.1. 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.
Damage to Your computer or other device
9.2. 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 this 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 this Website.
Links to other websites
9.3. M&S has placed links on this Website to other websites that You may want to visit. We do not have control over the content of these websites nor do We vet these websites. You agree, should You access a linked website from this Website, that We are not responsible for the content of these websites, including any advertising or products made available to You through such sites. Furthermore, M&S will not be responsible for any offence, damage or loss caused by or connected to Your use of such websites except where required by applicable law. Use of this Website from outside the International Website Territories.
9.4. Except where otherwise specified on this Website, the materials on this Website are displayed solely for the purposes of promoting M&S products available in the International Website Territories.
9.5. M&S will only accept orders through this Website for delivery in the International Website Territories and Metropolitan France (including Corsica but excluding any overseas territories) and Monaco If You attempt to access this Website from outside of these countries, You shall be responsible for compliance with local laws in the country in which You access this Website if and to the extent that local laws are applicable.
10. Intellectual Property
10.1. You agree that all intellectual property rights (including, but not limited to, database rights, copyright, trademarks and any other intellectual property rights) in all material or content (including, but not limited to, logos, graphics, photographs, animations, videos, text, data compilation, audio and/or visual clips, music, software and any combination of the foregoing) supplied or made available on this Website is owned or licensed by M&S or the M&S Group and is protected by applicable copyright laws and treaties throughout the world. You are only permitted to use these materials/content as expressly authorised by Us or Our licensors.
10.2. You may use, download and print content on the Website solely for Your own personal use or personal non-commercial use. Other than for Your own personal use or internal business purposes, You may not without M&S’s prior written consent:
a. copy, reproduce, use or otherwise deal with any content on the Website;
b. modify, distribute or re-post any content on the Website for any purpose;
c. reproduce, crawl, frame, link to or deep-link into this Website on or from any other website;
d. use the content of the Website for any commercial exploitation whatsoever.
10.3. Except as set out at Sections 10.1 and 10.2 above, You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit, tamper with or create derivative works of such material and content.
10.4. The “Marks and Spencer” and “M&S” trade mark as well as all trade marks, whether they are figurative or not, and all other marks, trade names, service marks, brand names, business names, illustrations, images, logos which appear on Our products, Website, accessories or packaging, whether registered or not (the "Trade Marks"), are and remain the exclusive property of M&S Group and/or its partners and/or licensors and are proprietary marks protected by applicable copyright laws and treaties throughout the world and may not be reproduced or otherwise used without express permission.
Ownership of rights and user content
10.5. If You acquire any copyright or other intellectual property rights in the Website (whether by operation of law or otherwise), then You agree to assign (or, if assignment is not possible in Your country, grant a non-exclusive licence of) those rights to M&S Group (including any rights You may have in user generated content that You submit through the Website) on a worldwide basis absolutely to the fullest extent permitted by law. You will also unconditionally and irrevocably waive any and all moral rights You acquire in or to the Website, if applicable and to the fullest extent possible in Your jurisdiction.
10.6. 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 M&S Group and to waive any moral rights You acquire in or to the Website, if applicable and to the fullest extent possible in Your jurisdiction.
10.7. Any material that You upload to this Website will be considered non-confidential and non-proprietary and M&S has the right to use, copy, distribute and disclose to third parties any such material for any purpose. M&S also has the right to disclose Your identity to any third party who is claiming that any material posted or uploaded by You to Our site constitutes a violation of their intellectual property rights or of their right to privacy.
10.8. M&S will not be responsible, or liable to You or any third party, for the content or accuracy of any materials posted by You or any other user of this Website and You hereby agree to be responsible to M&S for and indemnify M&S and keep M&S indemnified against all costs, damages, expenses, losses and liabilities incurred and/or suffered by M&S as a result of any claim in respect of Your content, any materials posted by You and/or any use by You of the Website which is in breach of these Terms.
10.9. M&S has the right to remove any material or posting You make on the Website if M&S reasonably suspects that such material or posting infringes M&S’s rights or guidelines or any third party’s rights.
11. Promotion Codes and Gift Cards
11.1. In certain circumstances M&S will provide You with an online promotion code for a discount on products. We may display the promotion code on the M&S’s Offers page, via email or press marketing. When using a promotion code, please check the applicable terms and conditions.
11.2. Please note that You can only purchase gift cards or gift vouchers in an M&S store in Your country (if applicable) but not via this Website. Unless stated otherwise, gift cards and gift vouchers bought in an M&S store cannot be used for online purchases on this Website, and are territory specific, meaning that generally they can only be used in M&S stores in the country of their purchase and are not redeemable in other international stores. Please see Your gift card or gift voucher terms and conditions for details.
11.3. Gift cards purchased in the UK, France, Holland or Ireland will be accepted as a valid method of payment at all M&S stores in those countries.
12.1 We will not be liable to You if We are prevented or delayed from complying with Our obligations under these Terms by anything You (or anyone acting on Your behalf) does or fails to do or due to events which are beyond Our reasonable control.
12.2 Any products M&S supplies to You will be of satisfactory quality and if the product is not of satisfactory quality, You can contact M&S for a repair or replacement or, where this is not possible, for a refund.
12.3 You must follow any advice We give You to keep products supplied 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.
Austria, Belgium, Holland and Spain
12.4 Nothing in these Terms shall exclude or limit the M&S’s liability for personal injury or death caused by their negligence or for fraud or fraudulent misrepresentation. In addition, these Terms shall not limit or exclude any other liability that is not permitted to be limited or excluded by applicable law.
12.5 You have certain rights as a consumer, including legal rights relating to faulty or incorrectly described products. For further information about Your legal rights in Your country, contact Your local trading standards department or equivalent consumer advice body. Nothing in these Terms will affect these legal rights and, in particular, M&S will perform its obligations under these Terms with reasonable care and skill.
12.6 M&S is only responsible for losses that are a natural, foreseeable consequence of Our breach of these Terms.
12.7 In any event, and to the extent permitted by the law of Your country, M&S will not be liable, arising out of or in connection with these Terms for any:
12.7.1 losses related to any business of Yours including (without limitation) lost data, lost profits, lost revenues or business interruption;
12.7.2 loss of goodwill or reputation; or
12.7.3 special or indirect losses suffered by You arising out of or in connection with these Terms; or
12.7.4 any other intangible consecutive and non-consecutive damages.
12.8 M&S will not be liable for any breach by You of the applicable laws of the country in which You are resident, order the product from or the country You request delivery of the product to. You must comply with all applicable laws and regulations of the country from which You are ordering the products and for where the products are destined. It is Your responsibility to determine whether there are any restrictions on what products You can order through the Website.
12.9 The aggregate liability of M&S or You under these Terms shall not exceed 100% of the price of the product(s) You have ordered from M&S plus the cost of delivery of such product(s) to You.
12.10 In the event of a pre-contractual, contractual or non-contractual breach of duty (also in the case of defective delivery) We shall be liable without restriction - subject to the further contractual or statutory liability requirements - for intent and gross negligence (as well as that of Our statutory representatives and vicarious agents) and for damage arising from damage to life, body or health which is the result of a negligent breach of duty by Us or an intentional or negligent breach of duty by Our statutory representatives or vicarious agents. Where We have provided a guarantee for quality or durability, We shall also be liable in the framework of this guarantee. For damage not directly caused to the products, however, We shall only be liable under such guarantee if the risk of such damage is clearly covered by the guarantee. There shall also not be any limitation of liability for liability under the product Liability Act (Produkthaftungsgesetz). In this respect the statutory limitation periods shall apply.
12.11 Apart from in the case of intent and gross negligence, Our liability shall be restricted to foreseeable typical damages. In the case of culpable breach of essential contractual duties (cardinal duties), Our liability is also restricted to foreseeable typical damages. Where the duties breached are not essential contractual duties (cardinal duties), Our liability for slight negligence shall be excluded.
12.12 Cardinal duties are essential contractual duties, i.e. duties which give the agreement its form and on which You are entitled to rely. These are therefore essential rights and duties which create the basis for performance of the contract and are indispensable for achieving the purpose of the contract.
12.13 An exclusion or restriction of Our liability also applies to Our statutory representatives and vicarious agents.
Exclusions of liability
12.14 M&S excludes all representations, warranties, conditions and terms (whether express or implied by statute, common law or otherwise) to the fullest extent permitted by law. M&S accepts no liability for any losses or damages which are not reasonably foreseeable arising out of or in connection with these Terms or Your use of the Website, except if You are a resident of Germany if such liability is due to M&S’s and/or Our statutory representatives and vicarious agents’ intent or gross negligence.
12.15 Except to the extent required by applicable law, M&S 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 the Website.
12.16 M&S will not be responsible for any charge issued by Your card issuer, bank or payment processor (as applicable), as a result of M&S processing Your payment in accordance with Your order.
12.17 These exclusions shall be governed by and construed in accordance with the law of the country in which You reside (being either Austria, Belgium, Germany, Holland or Spain). 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.
13.1 You may not assign or sub-contract or otherwise transfer any of Your rights or obligations under these Terms to any third party without the written consent of M&S.
13.2 M&S may assign, transfer, novate or sub-contract any of its rights and obligations under these Terms to any company within the M&S Group or any other third party at its discretion, provided that Your rights under these Terms are not affected.
14. Third party rights
Only You and the M&S Group shall be entitled to enforce these Terms. Subject to Section 14.2, no third party shall be entitled to enforce any of these Terms.
No relaxation or delay by M&S in exercising any right or remedy under these Terms shall operate as waiver of that right or remedy or shall affect its ability to subsequently exercise that right or remedy. Any waiver must be agreed with You and the relevant party in writing.
If any of these Terms are found to be illegal, invalid or unenforceable by any court of competent jurisdiction, the rest of these Terms shall remain in full force and effect.
17. Governing Law and Jurisdiction
These Terms, all transactions and any matters arising out of Your use of the Website (including any contract entered between You and M&S through the Website) shall be governed by the law of the country in which You reside (being one of the applicable International Website Territories and subject to the non-exclusive jurisdiction of the courts of the country in which You reside (again, being one of the International Website Territories).
18. Entire Agreement
18.1 These Terms and any documents expressly referred to in them constitute the entire agreement between M&S and You and supersede any and all prior arrangements, terms, conditions, warranties and/or representations between M&S and You, relating to the subject matter of any contract, to the fullest extent permitted by law, whether oral, written or otherwise.
18.2 In agreeing to these Terms, (and the documents referred to herein), M&S and You warrant that none of the parties are relying on any statement, representation, assurance or warranty of any person (whether a party to that contract or not) other than as expressly set out in these Terms.
18.3 M&S and You agree that the only rights and remedies available to the parties arising out of or in connection with Your use of the products, delivery and/or Website shall be for breach of contract as provided in these Terms.
19. Changes to these Terms
19.1 M&S reserves the right, at its sole discretion, to change, modify, add or delete any part of these Terms at any time without further notice to You. Any changes to the Terms will be posted on the Website by M&S and the date at the top of these Terms will be amended to show when these Terms were last revised.
19.2 M&S recommends that You revisit these Terms regularly to keep informed of the current Terms that apply to Your use of the Website and the delivery of Your products.
19.3 Your continued access and use of the Website after any changes or updates constitutes Your acceptance of the new Terms. It is Your responsibility to regularly check the Website and determine if there have been any changes to these Terms.
19.4 Please note that these Terms do not affect Your legal rights as a consumer. For more information on Your legal rights, contact Your local trading standards office or equivalent consumer advice body.
Additional Terms & Conditions – Guidelines for Product Reviews and Question & Answer
By accessing, browsing, using, registering or contributing to the M&S website and any other area of our website where you can post submissions or reviews or ask questions you confirm that you have read, understood and agree to the following terms. If you do not agree to these terms in their entirety, you must not use this website.
Ownership of Submissions
Social networking sites
Intellectual Property Rights
A disclosure, submission or offer of any Submissions and your agreement to these terms and conditions shall constitute an assignment to M&S of any intellectual property rights. Whenever you make use of a feature that allows you to upload material to our site, including questions, or to make contact with other users of our site or to make Submissions on any M&S related third party website or page, you must comply with the content standards set out below and these terms. Any third-party advertising on Marks & Spencer pages of third party social networking sites are not the responsibility of, or endorsed by, Marks & Spencer. All rights, including copyright on Marks & Spencer pages are owned by or licensed to Marks and Spencer (Ireland) Limited. 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 Marks and Spencer (Ireland) Limited. © Marks and Spencer (Ireland) Limited. All worldwide rights reserved.
Any material you upload to our website will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any material in the Submissions for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our site or any M&S related third party social networking site constitutes a violation of their intellectual property rights, or of their right to privacy. We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our website. We have the right to remove any Submissions you make on our website if, in our opinion, such Submission does not comply with the content standards set out below.
Am I eligible to post a Submission?
- You must be 18 years of age or older
- You must be registered to post a submission Register now
- Suppliers or manufacturers are not eligible to post a submission
Rules for Submissions
- Please be polite and only write in English.
- You confirm that the Submission is your own and that the content does not infringe the material, trade marks or intellectual property of others
- 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
- spam or advertising
- third party brand names or trade marks
- personal information about anyone, including yourself, such as phone numbers, postal addresses or credit card numbers
- HTML code, computer script or website urls
- availability, price or alternative ordering or delivery information
- information about Marks & Spencer suppliers or manufacturers
Marks & Spencer, in its absolute discretion, reserves the right to:
- not publish the Submission or remove it
- take any appropriate action if deemed necessary
- 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.
20. Contact Us Details
If You have any questions, complaints or comments relating to the products, the delivery of the products, the Website or these Terms please contact Us. Please click here for our contact details.
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