Terms & ConditionsAbout our terms and conditions
This page provides information about who we are and the legal terms and conditions that may apply to your use of the Marks and Spencer website and any product or service you order from us.
To help you find the information you are looking for, we have divided Terms & Conditions into 3 sections. These are:
|View information about M&S||
A. Information about Marks & Spencer: If you would like to get in touch with Marks & Spencer or would like to view our registered company details, please see Part A.
|View our Website Terms and Conditions||
B. Website Terms and Conditions: To view the legal terms and conditions that apply when you access, browse and use this website (including registering with this website), please see Part B.
|View our General Terms and Conditions of Sale||
C. General Terms and Conditions of Sale: To view the legal terms and conditions that apply to any product or service that you order from Marks & Spencer through this website please see Part C.
If you are purchasing from marksandspencer.com these terms & conditions do not apply.
M&S-branded third party microsites
In addition to our legal terms and conditions, you may also find it helpful to visit the FAQs section of our website. Here you will find useful information on our delivery charges, delivery timescales, and returns policy, (as well as helpful information relevant to other questions you may have.
PART A: INFORMATION ABOUT MARKS & SPENCER
This website is owned and operated by Marks and Spencer.
Marks and Spencer plc is a company registered in England and Wales (company registration number 214436) whose registered office is at Waterside House, 35 North Wharf Rd, London, W2 1NW. Our registered VAT number is 232 128892. Unless we say otherwise, we use the terms "M&S OUTLET", "Marks & Spencer Outlet", "we" and "us" on this page to refer to Marks and Spencer plc (including throughout the Website Terms and Conditions and the General Terms and Conditions of Sale.
If you want to ask us anything (whether about our products and services, this website, any of our terms and conditions or otherwise), then please click here to contact us.
PART B: WEBSITE TERMS AND CONDITIONS
These website terms and conditions ("Website Terms") apply to your use of the Marks & Spencer Outlet website at www.outlet.marksandspencer.com (the "Website"). You must read these Website Terms carefully, and we recommend that you print and keep a copy for your future reference. By accessing, browsing, using or registering with the Website, you confirm that you have read, understood and agree to these Website Terms in their entirety. If you do not agree to these Website Terms in their entirety, you must not use this Website.
Your use of this Website
You must only use this Website for lawful purposes, and you must 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 use, download and print content on the Website solely for your own personal use or internal business purposes. Other than for your own personal use or internal business purposes, you may not without our prior written consent:
Except where otherwise specified on this Website, the materials on this Website are displayed solely for the purposes of promoting Marks & Spencer Outlet products and services available in the UK.
You are responsible for maintaining the confidentiality of your password and account and any activities that occur under your account. Marks & Spencer Outlet 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.
Ownership of rights
All rights, including copyright and other intellectual property rights, in and to this Website are owned by or licensed to Marks & Spencer plc. 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 those rights to us (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.
You further agree to execute all such documents and do all such acts and things as we may reasonably require in order to assign any such rights to us and to waive any moral rights you acquire in or to the Website.
Accuracy of content
To the extent permitted by applicable law, Marks & Spencer Outlet 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 Marks & Spencer or any of its group companies.
Damage to your computer or other device
Marks & Spencer Outlet 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, Marks & Spencer 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, Marks & Spencer cannot accept any liability in respect of the use of these websites.
Exclusions of liability
We exclude all representations, warranties, conditions and terms (whether express or implied by statute, common law or otherwise) to the fullest extent permitted by law. We accept no liability for any losses or damages which are not reasonably foreseeable arising out of or in connection with these Website Terms or your use of the Website.
Except to the extent required by applicable law, Marks & Spencer shall not be liable to any person for any loss or damage which may arise from the use of or reliance on any content or information displayed in or on this Website.
These exclusions shall be governed by and construed in accordance with English law. If any provision of these disclaimers and exclusions shall be unlawful, void or for any reason unenforceable then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
Nothing in these Website Terms shall exclude or limit our liability for personal injury or death caused by our negligence. In addition, these Website Terms shall not limit or exclude any other liability that we are not permitted to limit or exclude under applicable law.
Other legal notices
Third party rights
Only you and M&S shall be entitled to enforce these Website Terms. No third party shall be entitled to enforce any of these Website Terms, whether by virtue of the Contracts (Rights of Third Parties) Act 1999 or otherwise.
Law, jurisdiction and language
Any matter that arises out of your use of this Website (including any contract entered between you and us through the Website) shall be governed by English law and subject to the exclusive jurisdiction of the courts of England and Wales. All contracts shall be concluded in English.
Changes to these Website Terms
We reserve the right to change and update these Website Terms from time to time and recommend that you revisit this page regularly to keep informed of the current Website Terms that apply to your use of the Website. By continuing to access, browse and use this Website, you will be deemed to have agreed to any changes or updates to our Website Terms.
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 the Marks & Spencer website at www.marksandspencer.com (the "Website"). You must read these General Terms and Conditions of Sale carefully. By placing an order through the Website, you confirm that you have read, understood and agree to these General Terms and Conditions of Sale in their entirety. If you do not agree to these General Terms and Conditions of Sale in their entirety, you must not order any product or service through the Website.
Website Terms and Conditions
Whenever you use this Website to order an M&S Outlet product our Website Terms and Conditions will apply to your use of the Website in addition to these General Terms and Conditions of Sale. By ordering Marks & Spencer Outlet products through the Website, you shall be deemed also to have read, understood and agreed to our Website Terms and Conditions.
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:
Age restrictions on purchase
The purchase of certain products and services made available on the Website are subject to age requirements specified by law. We are not permitted by law to supply these products or services to individuals who do not satisfy these age requirements and, if you are underage, you must not attempt to order these products or services through the Website.
In particular, please note that age restrictions apply in the UK to the purchase of person products and services, for example crackers may only be purchased by and for persons aged 16 and over. By placing an order for any age restricted product or service you confirm that you (and, if different, the recipient of the product and/or service) satisfy the age requirements necessary to buy that product or service.
Acceptance of your order
Please note that completion of the online checkout process does not constitute our acceptance of your order. M&S acceptance of your order will take place only when M&S's dispatch the product(s) or commencement of the services that you ordered.
M&S will notify you by email as soon as possible to confirm that they have received your order.
All products that you order through the Website will remain the property of M&S Outlet until we have received payment in full from you for those products.
There is a 30 minute window provided by M&S to amend or cancel the order placed.
All card payments are subject to authorisation by your card issuer and we take payment when we accept your order shortly before dispatch. If your payment is not received and you have already received the products you ordered from us, you must pay for the products or return those products to us in accordance with reasonable return instructions that we provide to you and in the same condition that you received them at your own expense. If you do not do this within 30 days of the date on which we cancel your order, we may collect or arrange for collection of the products at your expense. We reserve the right to charge you for any and all damage to (or other adverse interference with) any products that are the subject of an unpaid order. Please note M&S do not take payment until the item is shipped.
If we cannot supply you with the product or service you ordered, M&S will not process your order, inform you of this in writing (including e-mail) and, if you have already paid for the product or service, refund you in full as soon as reasonably possible.
Delivery (including delivery charges and timescales)
Delivery charges and timescales vary depending on the type of products ordered, service you select and the delivery address. There are two services available; standard £3.50 & Expedited £4.95 For full details of our delivery charges please click here.
Delivery will be to the UK mainland (excludes: UK BFPO, Channel Islands, Northern Ireland & Outer Hebrides) address specified in your order. If no one is available at a residential or other address at the time of delivery, a note will be left to advise whether your order has been left in a safe place e.g. with a neighbour, or returned to depot.
All risk in the products you order (including risk of loss and/or damage to the products) shall pass to you when they are delivered to the delivery address specified in your order.
We shall be under no liability for any delay or failure to deliver products if the delay or failure is wholly or partly caused by circumstances beyond our control.
In the UK, delivery charge refunds can only be made in accordance with your legal rights under the Consumer Protection (Distance Selling) Regulations 2000 and other applicable legislation. Similar rights may apply for some international deliveries. For further information about your legal rights contact your local authority Trading Standards department or consumer advice centre (for example the Citizen's Advice Bureau for UK customers).
Returns and refunds
Your right to cancel
If you are a UK/EU consumer, you have the legal right, under the Consumer Protection (Distance Selling) Regulations 2000 to cancel your order within seven working days following your receipt of the goods or the date on which we begin provision of the services. Refunds for orders cancelled under the provisions of the Consumer Protection (Distance Selling) Regulations will be processed in accordance with your legal rights. For further information about your statutory rights, contact your local authority Trading Standards department or consumer advice centre (for example the Citizen's Advice Bureau if you are in the UK). If you are a non-EU customer, please see our international returns policy on the main website.
If you wish to cancel (or are considering cancelling) a product or service you have ordered from us, please be aware of the following terms that apply:
This is not intended to be a full statement of all your rights under the Distance Selling Regulations. Full details of your rights under the Distance Selling Regulations are available in the UK from your local Citizens' Advice Bureau or your Local Authority's Trading Standards Office.
If you cancel your order in any of the circumstances set out above (save for cancellation under the provisions of the Distance Selling Regulations) we will refund any money paid by you after any products, which have been delivered to you, are returned to us. In the case of damaged or incorrectly supplied goods, we may offer you a replacement product. Any refunds given by us will be made to the debit/credit card account provided when you placed your order and will be subject to our right to withhold amounts for products which are damaged on return or for which we arrange collection, as outlined above.
Where we deliver products to a third party in accordance with your order, you will only be able to exercise this cancellation right if you can return the goods to us (or arrange for us to collect them).
For further details about how to exercise your cancellation rights, please see the Returns and Refunds section of the FAQs pages to this Website
There are certain liabilities which we cannot exclude by law and nothing in these General Terms and Conditions limits our liability for personal injury or death caused by our negligence or for fraud.
You have certain rights as a consumer, including legal rights relating to faulty or misdescribed goods. For further information about your legal rights in the UK, contact your local authority Trading Standards Department or Citizen's Advice Bureau. Nothing in these General Terms and Conditions will affect these legal rights and, in particular, we will perform our obligations under these General Terms and Conditions with reasonable care and skill.
Any products we supply to you will be of satisfactory quality.
We are only responsible for losses that are a natural, foreseeable consequence of our breach of these General Terms and Conditions. We will not be liable to you if we are prevented or delayed from complying with our obligations under these General Terms and Conditions 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.
Other important terms
We may update or amend these General Terms and Conditions of Sale from time to time to comply with law or to meet our changing business requirements without notice to you. Any updates or amendments will be posted on the Website.
These General Terms and Conditions of Sale supersede any other terms and conditions previously published by us and any other representations or statements made by us to you, whether oral, written or otherwise.
You may not assign or sub-contract any of your rights or obligations under these General Terms and Conditions of Sale to any third party unless we agree in writing.
We may assign, transfer or sub-contract any of our rights or obligations under these General Terms and Conditions of Sale to any third party at our discretion.
No relaxation or delay by us in exercising any right or remedy under these General Terms and Conditions of Sale shall operate as waiver of that right or remedy or shall affect our ability to subsequently exercise that right or remedy. Any waiver must be agreed by us in writing.
If any of these General Terms and Conditions of Sale are found to be illegal, invalid or unenforceable by any court of competent jurisdiction, the rest of these General Terms and Conditions of Sale shall remain in full force and effect.
Only you and we shall be entitled to enforce these Terms of Sale. No third party shall be entitled to enforce any of these Terms of Sale, whether by virtue of the Contracts (Rights of Third Parties) Act 1999 or otherwise.
These General Terms and Conditions of Sale are governed by English law. In the event of any matter or dispute arising out of or in connection with these General Terms and Conditions of Sale, you and we shall submit to the exclusive jurisdiction of the English courts.
M&S's carriers will be responsible for the delivery of your products. marksandspencer.com.
Reviews & Social Media
If at any time you post submissions or reviews on this Website or interact on social networking sites about M&S Outlet please see marksandspencer.com for details.