Home»Terms and Conditions

Terms & Conditions

About our terms and conditions

This page provides information about who we are and the legal terms and conditions that may apply to your use of the Marks and Spencer website and any product or service you order from us.

To help you find the information you are looking for, we have divided Terms & Conditions into 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

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

Website Help

In addition to our legal terms and conditions, you may also find it helpful to visit the 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 plc. Marks and Spencer is working with Amazon to provide M&S Outlet online. You will need to log in and place orders using your Amazon account. Amazon will also take payment and deliver your orders.

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.

Privacy Policy

These Website Terms supplement (and are in addition to) the terms of our Privacy Policy. Our Privacy Policy explains what personal information we collect about you when you use the Website, and you can view our Privacy Policy online by clicking here. Please note that when you agree to these Website Terms you shall be deemed also to have read, understood and agreed to our Privacy Policy in its entirety.

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:

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

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

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

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

Use of this Website from outside the UK

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.

Password/account security

You are responsible for maintaining the confidentiality of your password and account and any activities that occur under your account. Marks & Spencer 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

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 Website Terms and our Privacy Policy (and, where applicable, the General Terms and Conditions of Sale, the Additional Terms and Conditions of Sale govern your use of this Website.

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.

Entire Agreement

These Website Terms (including, where applicable, our Privacy Policy, our General Terms and Conditions of Sale our Additional Terms and Conditions of Sale set out the entire agreement between you 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 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.

Product descriptions

We have taken reasonable precautions to try to ensure that prices quoted on the Website are correct and that all products have been fairly described. However, when ordering products or services through the Website, please note that:

orders will only be accepted if there are no material errors in the description of the goods or services or their prices as advertised on this Website;

all prices are displayed in pounds Sterling inclusive of UK VAT 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

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) of equal or higher quality and value.

Age restrictions on purchase

The purchase of certain products and services made available on the Website are subject to age requirements specified by law. We are not permitted by law to supply these products or services to individuals who do not satisfy these age requirements and, if you are underage, you must not attempt to order these products or services through the Website.

In particular, please note that age restrictions apply in the UK to the purchase of 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. Amazon acceptance of your order will take place only when Amazon's dispatch the product(s) or commencement of the services that you ordered.

Amazon 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.

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

There is a 30 minute window provided by Amazon 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 Amazon Webstore do not take payment until the item is shipped.

If we cannot supply you with the product or service you ordered, Amazon 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:

Applicability of cancellation rights: Legal rights of cancellation under the Distance Selling Regulations available for UK or EU consumers do not apply to certain products and services;

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 e-mail 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.

Other cancelled products: If you want to cancel products that are not damaged or incorrectly supplied, then you must inform us of this in writing within seven working days following the date of receipt in accordance with the Distance Selling Regulations or otherwise as soon as possible. You must take reasonable care of the products that you wish to cancel and not use them. Products should be returned at your cost with their original packaging or in the case of furniture, collection arrangements made, promptly at your cost (up to £100 in some cases) which will be notified to you at the time of cancellation.

Damage during the course of returning products: If you choose to return any products to us, we will not be responsible for any loss or damage to them in transit and, for this reason, we recommend that you use a recorded delivery service. If returned products are lost or damaged in transit, we reserve the right to charge you (or not to refund any amounts attributable to) such loss or damage.

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

Liability

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.

Delivery Arrangements

Amazon's carriers will be responsible for the delivery of your products. Amazon.co.uk.

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.