ABOUT OUR GENERAL TERMS AND CONDITIONS

This document is an electronic record in terms of the Information Technology Act 2000 and rules made therein as applicable and the amended provisions pertaining to electronic records in various statues as amended by the Information Technology act. This electronic record is generated by a computer system and does not require any physical or digital signature and the same has been incorporated by reference in the General Terms and Condition below.

This page provides information about who we are and the legal terms and conditions that may apply to your use of www.marksandspencer.in and any product you order from us.

Please read these General Terms and Conditions, Privacy Policy and Cookie Policy carefully before you start to use the Website. 

When it comes to quality, whether it's immaculate stitching or perfect shade, it’s all about the detail. Getting everything just right is why customers trust Marks & Spencer to make every moment special. And that is why we insist upon your reading these Terms very carefully. 

 

Website / Site

In addition to our legal terms and conditions, you may also find useful information on our delivery charges, delivery timescales and return policy, (as well as helpful information relevant to other questions you may have).

 

Information About Marks & Spencer

Marks and Spencer Reliance India Private Limited A company incorporated under the Companies Act, 1956 having its registered office at 4th Floor, Court House, Lokmanya Tilak Marg, Dhobi Talao, Mumbai 400002 and its Corporate Office at Ground Floor, Infinity Tower C, DLF Cyber City Phase-2, Gurgaon-122002 

This website is owned and operated by Marks and Spencer unless we say otherwise, we use the terms "M&S", "Marks & Spencer", "we" and "us" on this Website to refer to Marks and Spencer throughout the Website terms and conditions, which include our General Terms and Conditions, Privacy Policy & Cookie Policy (collectively referred to as “Terms and Conditions”).

If you want to ask us anything (whether about our products, this website, any of our terms and conditions or otherwise), then please contact us.

 

Website Terms

The Terms and Conditions apply to your use of the M&S website at www.marksandspencer.in and to any products you purchase from M&S. The Terms and Conditions apply regardless of how you access the website, including any technologies or devices by which M&S makes the website available to you at home, on the move or in store. You must read these Terms and Conditions carefully, and we recommend that you print and keep a copy for your future reference. By accessing, browsing, using, registering with, or placing an order on the website, you confirm that you have read, understood and agree to these Terms and Conditions in their entirety. If you do not agree to these Terms and Conditions in their entirety, please do not use this Website.  

All legal notices on this website which relate to your use of the website together with all applicable Terms and Conditions and our Privacy and Cookie Policy govern your use of this Website. 

The Agreement is governed by the provisions of Indian law, including, but not limited to:

 

Use Of This Website

You may only use this Website for lawful purposes, and you may not use it in a way that infringes the rights of anyone else or that restricts or inhibits anyone else's enjoyment of the website.

You may not, without our prior written consent, copy, reproduce, crawl, frame, republish, download, print, post, distribute, re-post, broadcast, record, transmit, edit, communicate to the public, link to, deep-link into, or distribute in any way the web pages or materials on the website or the computer codes or elements comprising the website other than solely for your own personal or internal business use. You may not use the content of the website for any commercial purposes whatsoever.

 

Use of This Website from Outside India

Except where otherwise specified on this Website, the materials on this Website are displayed solely for the purposes of promoting Marks & Spencer's products available in India. Marks & Spencer shall not accept orders for delivery to locations outside India. Those who choose to access this website from locations outside India are responsible for compliance with local laws of that country and to the extent local laws are applicable.

 

Ownership of Rights

All rights, including copyright and other intellectual property rights, in and to this website are owned by or licensed to M&S.

Your use of the website and its contents grants no rights to you in relation to our intellectual property rights, or that of third parties, in the website or its contents. By submitting information (other than your personal data), text, photos, graphics or other content to the website you confirm that you have the right to use the same and grant us a right to use such materials at our own discretion (with or without accreditation) in any media including, without limitation, to edit, copy, reproduce, disclose, post and remove such materials from the website.

You further agree to execute all such documents and do all such acts and things as we may reasonably require in order to assign any such rights to us.

 

Ownership of Submissions / Comments

Other than personal / sensitive data (which is subject to our Privacy Policy) all comments, blogs, feedback, suggestions, questions, ideas, artwork, images, product or marketing ideas and any other submissions disclosed, submitted or offered to M&S on or through the website or otherwise disclosed, submitted or offered by you (collectively, “Submissions/Comments”) shall become and remain the property of M&S once submitted. You must comply with the content standards set out in these terms. You warrant that you own or have the right to use any submissions and that your submissions will comply with these standards and guidelines.

 

Social networking sites

These Website Terms also govern any submissions you make on any M&S related third party website or page such as our Facebook page, Twitter, Pinterest, YouTube or social networking site. All comments, images, videos and any other type of material posted on any third party’s social networking site do not necessarily reflect the opinions or ideas of M&S or its employees and M&S is not responsible for any such content. In any event, all material posted on any third-party social networking site must comply with these Website Terms and the third party social networking sites’ Terms of Use, as applicable.

 

Intellectual Property Rights

A disclosure, comments and your agreement to these Website Terms 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 Website Terms. Any third-party advertising on M&S pages of third-party social networking sites are not the responsibility of, or endorsed by M&S. All rights, including copyright on M&S Website pages are owned by or licensed to M&S. Any use of any M&S social networking pages or their contents, including copying or storing them in whole or in part, other than for your own personal, non-commercial use is prohibited without the permission of M&S. By making a submission you confirm that the submission is your own and that the content does not infringe the material, trademarks or intellectual property of others.

 

Confidentiality

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.

 

Rules for Submissions

You must be 18 years of age or older and registered to post a submission. Suppliers or manufacturers are not eligible to post a submission.

Please be polite. 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:

M&S, in its absolute discretion, reserves the right to not publish the submission or remove it, take any appropriate action if deemed necessary or remove reviews which do not comply with the rules above.

Please let us know if you see any submissions which do not comply with our rules.

 

Accuracy of content

To the extent permitted by applicable law, M&S disclaims all representations and warranties, express or implied, that content or information displayed in or on this website is accurate, complete, up-to-date and/or does not infringe the rights of any third-party.

The views expressed in user generated content are the opinions of those users and do not represent the views, opinions, beliefs or values of M&S or any of its group companies.

 

Damage to your computer or other devices

M&S uses reasonable efforts to ensure that this Website is free from viruses and other malicious or harmful content. However, we cannot guarantee that your use of this Website (including any content on it or any website accessible from it) will not cause damage to your computer or other device. It is your responsibility to ensure that you have the right equipment (including antivirus software) to use the website safely and to screen out anything that may damage or harm your computer or other device. Except where required by applicable law, M&S shall not be liable to any person for any loss or damage they suffer as a result of viruses or other malicious or harmful content that they access from or via the website.

 

Links to other websites

We have placed links on this website to other websites we think you may want to visit. We do not vet these websites and do not have any control over their content. M&S shall not accept any liability in respect of the content or use of these websites.

 

Opening an Account and Placing an Order

To place an order, you can open an account with us which will require you to provide some mandatory personal information. Alternatively, you can choose to place your order via the guest checkout. 

Please see our Privacy and Cookie Policy for more information on how your personal information will be used. 

You confirm that all information and details provided by you to us (including on registration) are true, accurate and up to date in all respects and at all times. You can update or correct your details at any time by going to Your Account.

When you create an account, we may provide you with and/or ask you to use passwords or other means to allow you to access certain areas of the website and/or to maintain your account security. It is your responsibility to maintain the confidentiality of your password and account information. M&S shall not be liable to any person for any loss or damage which may arise as a result of any failure by you to protect your password or account. Should you become aware of or suspect any unauthorised use of your password or account, please contact us. If M&S is suspicious of any fraudulent activity coming from your account, it can reserve the right to refuse your access to your account and delete the account.

When you order through the website via our guest checkout you will still need to provide us with certain compulsory personal information for us to process your order. We will not store the details that you provide via guest checkout (except to save it for processing your order, or if you have opted to receive marketing from us). However, you can choose to register an account with us after submitting your order. Please see our Privacy and Cookie Policy to see how your personal information will be used and stored.  

 

Acceptance of Your Order

Please note that completion of the online checkout process does not constitute our acceptance of your offer to purchase products from us. We will notify you by email as soon as possible to acknowledge that we have received and are processing your order. Our acceptance of your order will take place only when we take payment from you and dispatch the product(s) that you order from us. Prior to dispatch of the product(s), M&S has the right to decline an order for any reason, including legal and regulatory reasons. 

The duration of our contract with you will start from when you receive the order dispatch email and last until the last day of your right to return the products.

If we cannot supply you with the product you ordered, we will not process your order, inform you of this in writing (including email) and, if you have already paid for the product or service, refund you in full as per the Returns & refunds policy.

If the fulfilment of an order (or any aspect of it) would be illegal or unlawful, M&S has the right to stop or cease to fulfil the order at any time, including after despatch of products and/or notification to you that the order has been received and is being processed. You acknowledge that M&S shall incur no liability in such circumstances.

 

Payment

During the checkout process, you will be asked to enter your payment details. By completing your payment details, you confirm that the credit or debit card being used is yours. All fields indicated as compulsory must be completed. Please note that we may collect and store your information, using an encrypted secure payment mechanism and will only use your information in accordance with our Privacy and Cookie Policy. Please be advised that where you select PayU as a payment method, we will pass certain information to PayU (name, address, delivery address, email address, and phone number) so that they can process your application and provide the service. Once this information has been passed to PayU, M&S shall remain a data controller and PayU shall also be a data controller in relation to that data. 

All card payments are subject to authorisation by your card issuer. We take full payment immediately for all products save for items paid for by PayU .

All products ordered will remain the property of M&S until we have delivered the products to the address specified by you. If your payment is not received and you have already received the products you ordered from us, you must pay for it (in full) or return those products to us in accordance with our return instructions 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 product(s) that are the subject of an unpaid order.

 

Changes to Your Order

Any changes to your order must be notified to us in writing and within a reasonable time. If you amend or change your order you may find there are changes to your delivery timetable and/or the price you pay for the item (you will be charged the current selling price on the day you amend your order).

For further details, please see the Return section of this Website. 

 

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 and you must inform us (by post, phone or email only) within a reasonable period of time. We may offer you a replacement product and any refunds given by us will be made to the debit/credit card account (as applicable) provided when you placed your order and will be subject to our right to withhold amounts for products which are damaged on return.

 

Product Specific Terms and Conditions

If you’d like to speak to us about our products, please contact us:

 

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 through the website, please note that:

 

Legal Compliance

You agree that you will not use, sell or supply any product(s) purchased from M&S in an unlawful manner.

 

Liability

You have certain rights as a consumer, including statutory rights relating to faulty or misdescribed goods. Your statutory rights operate in addition to our goodwill policy. 

Nothing in these general Terms and Conditions of Sale will affect these statutory rights and, in particular, we will perform our obligations under these general Terms and Conditions of Sale with reasonable care and skill.

Any products we supply to you will be of satisfactory quality. If we deliver a product to you that is not of satisfactory quality, you can contact us for a replacement or, where this is not possible, for a refund.

We are only responsible for losses that are a natural, foreseeable consequence of our breach of these general Terms and Conditions. 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) do or fail to do or due to events which are beyond our reasonable control.

You acknowledge and undertake that you are purchasing products at your own risk and that you are using prudent judgment before placing an order for a product on this website. M & S shall, at no point, be held liable or responsible for any representations or warranties in relation to the products. Refund of the price paid for the purchase of a product or replacement thereof shall be governed by the Return and Refund Policy which may be accessed here.

M & S does not provide or make any representation, warranty or guarantee, express or implied about the products, and all implied warranties under law or contract are to the maximum extent possible hereby disclaimed.

The maximum aggregate liability of M & S, in respect of all services provided, and all transactions undertaken by the user shall be limited to a maximum of INR 1,000 (Indian Rupees one thousand).

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.

 

Complaints

If your complaint is about a product, our website or anything else, please use our customer service phone number, available on the Contact Us page of our website. 

In the unlikely event that we are unable to resolve a complaint with you directly, you have the right to refer the dispute to the Grievance Officer.

 

Exclusions of liability

We exclude all representations, warranties, conditions and terms (whether express or implied by statute, law or otherwise) to the fullest extent permitted by law. We accept no liability for any losses or damages which are not reasonably foreseeable arising out of or in connection with these Terms and Conditions or your use of the website.

In addition, these Terms and Conditions shall not limit or exclude any other liability that we are not permitted to limit or exclude under applicable law.

 

Other legal notices

There may be legal notices on other areas of this website which relate to your use of the website, all of which will, together with these Terms and Conditions govern your use of this website.

 

Assignment and third party rights

We may update or amend these Terms and Conditions from time to time to comply with law or to meet our changing business requirements without prior notification. Any updates or amendments will be posted on the website.

You may not assign or sub-contract any of your rights or obligations under these Terms and Conditions to any third party unless we agree in writing.

We may assign, transfer or sub-contract any of our rights or obligations under these Terms and Conditions to any third party at our discretion.

Only you and we shall be entitled to enforce these Terms and Conditions. No third party shall be entitled to enforce any of these Terms and Conditions

 

Waiver

No relaxation or delay by us in exercising any right or remedy under these Terms and Conditions shall operate as waiver of that right or remedy shall affect our ability to subsequently exercise that right or remedy. Any waiver must be agreed by us in writing.

 

Severability

If any of these Terms and Conditions are found to be illegal, invalid or unenforceable by any court of competent jurisdiction, the rest of these Terms and Conditions shall remain in full force and effect.

 

Entire Agreement

These Terms and Conditions 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 Indian laws as applicable and any disputes shall be subject to the exclusive jurisdiction of the courts at Delhi. All contracts shall be concluded in English.

All disputes will be subject to arbitration at Delhi in accordance with the Arbitration and Conciliation Act, 1996. The arbitration proceedings shall be conducted in the English language. M & S and the disputing User shall be entitled to appoint 1 (one) arbitrator each and the 2 (two) arbitrators so appointed will jointly appoint the 3rd (third) arbitrator.

Arbitration awards shall be reasoned awards and shall be final and binding on M&S and the disputing user shall be enforceable in any court of competent jurisdiction.

 

Notices

All notices and communications shall be in writing, in English and shall be deemed given if delivered personally or by commercial messenger or courier service, or mailed by registered or certified mail (return receipt requested) or sent by email, with due acknowledgment or complete transmission to the following address:

Postal Address: Marks and Spencer Reliance India Private Limited, Ground Floor, Infinity Tower - "C", DLF Cyber City, Phase -II, Gurugram (Haryana) – 122002, India

Email id: care.india@marks-and-spencer.com

 

Grievance Officer

Any grievances which you may have with respect to the information shared by you with M & S hereunder and its treatment, may be directed by you to the Grievance Officer of M & S at grievance.officer@marks-and-spencer.com or at the below mentioned coordinates:

Postal Address: Marks and Spencer Reliance India Private Limited, Ground Floor, Infinity Tower - "C", DLF Cyber City, Phase -II, Gurugram (Haryana) – 122002, India

Phone: 0124-457-4739

Timings: Monday to Friday: 9:00 am – 6:00 pm

 

Changes to these Terms and Conditions

We reserve the right to change and update these Terms and Conditions from time to time and recommend that you revisit this page regularly to keep informed of the current Terms and Conditions that apply to your use of the website. By continuing to access, browse and use this website, you will be deemed to have agreed to any changes or updates to our Terms and Conditions.

 

General information

We've designed this site with accessibility in mind. Some of the general features include:

 

Interpretation

Headings, subheadings, titles, subtitles to clauses, sub-clauses and paragraphs are for information only and shall not form part of the operative provisions of the Agreement and shall be ignored in construing the same.

Words denoting the singular shall include the plural and words denoting any gender shall include all genders.

The words “include” and “including” are to be construed without limitation.

 

 

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