ABOUT OUR GENERAL TERMS AND CONDITIONS

This document is an electronic record and is governed by the provisions under the Information Technology Act, 2000 and rules made thereunder as may be applicable, and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

Marks and Spencer Reliance India Private Limited is a company registered in India under Companies Act 1956 having its registered office at 4th Floor, Court house Lokmanya Tilak Marg, Dhobi Talao, Maharashtra – 400002, India and its corporate office at Ground Floor, Infinity Tower C, DLF Cyber City Phase-2, Gurgaon-122002 (referred to as "M&S", "we" or "us" in this General Terms and Conditions).

This page provides information about who we are and the legal terms and conditions that may apply to your use (“you”, “your” or “User”) of the mobile application and/or M&S website www.marksandspencer.in (collectively referred to as the “M&S Platform”) and any Product you order from us. “Products” shall mean the menswear, womenswear, baby/kidswear, unisex apparels, lingerie, accessories, footwear, toiletries, perfumes and beauty products under the brand name “Marks and Spencer”, “M&S”, “M and S”, “Marks & Spencer” including its sub-brands offered for sale to you on the M&S Platform.

Please take a moment to familiarize yourself with our General Terms and Conditions, Privacy Policy and Cookie Policy (collectively referred to as “Terms and Conditions”). Before you start to use the M&S Platform. If you do not agree with any provisions of the Terms and Conditions, we advise you to not use or access the M&S Platform.

The Terms and Conditions apply to your use of the M&S Platform and to any Products you purchase from the M&S Platform. The Terms and Conditions apply regardless of how you access the M&S Platform, including any technologies or devices by which M&S makes the M&S Platform available to you, at home, on the move or in store. By accessing, browsing, using, registering with, or placing an order on the M&S Platform, you confirm that you have read, understood and you expressly agree to be bound by the Terms and Conditions in their entirety.

Please note that we may from time to time change the Terms and Conditions that govern your use of the M&S Platform. Every time you wish to use our M&S Platform, please check these Terms and Conditions to ensure you understand the terms and conditions that apply at that time. Further, please note that we reserve the right to either change the format and the content of the M&S Platform or suspend the operation of the M&S Platform for support or maintenance work, in order to update the content or for any other reason, at any time.

Only persons who can enter into legally binding contracts as per Indian Contract Act, 1872, i.e., persons who are 18 (Eighteen) years of age or older, are of sound mind, and are not disqualified from entering into contracts by any law, can use M&S Platform and place an order with us. If you are a minor i.e., under the age of 18 (Eighteen) years, you may purchase the Product on M&S Platform only with the involvement of a parent or guardian.

By accepting these Terms and Conditions, you affirm that you are 18 (Eighteen) years of age or above and are fully competent to enter into these Terms and Conditions, and to abide by and comply with these Terms and Conditions. In the event we are made aware that a user is under the age of 18 years and is using/browsing the M&S Platform without the supervision of his/her parent or legal guardian, we reserve the right to deactivate such user’s account without further notice.

Use of the M&S Platform

Registration of your account:

In order to purchase Products on the M&S Platform and/or avail the services, you will have to register on the M&S Platform. Registration is a one-time process. You will be eligible to further access and avail the services only upon receipt of a confirmation e-mail from us after filling in the necessary forms and after providing the necessary details as may be required by us at the time of your registration.

You are solely authorized to operate the account created by you. Consequently, it is your responsibility to maintain the confidentiality of the log in credentials of your account on the M&S Platform and for restricting access to your computer/mobile/other similar devices to prevent unauthorized access to your account. You shall remain solely liable for all the actions undertaken through your account.

You will: (a) immediately inform us of any unauthorized use of the account or any other security breach; and (b) ensure that you log out of your account at the end of each session. We, our employees, agents, directors and officers will not be liable for any loss or direct or indirect damage arising from your failure to comply with these Terms and Conditions. You may be held liable for any losses incurred to us or any other user due to unauthorized use of their account by you. We reserve the right to refuse access to the M&S Platform, terminate accounts, remove or edit content at any time without notice to you.

We constantly monitor the user’s account in order to avoid fraudulent accounts and transactions. Users with more than one account or availing referral vouchers fraudulently shall be liable for legal actions under law and we reserve the right to recover the cost of goods, collection charges and lawyer fees from persons using the M&S Platform fraudulently. We reserve the right to initiate legal proceedings against such persons for fraudulent use of the M&S Platform and any other unlawful acts or omissions in breach of these terms and conditions. In the event of detection of any fraudulent or declined transaction, prior to initiation of legal actions, we reserve the right to immediately delete such account and dishonour all past and pending orders without any liability. For the purpose of this clause, we shall owe no liability for any refunds.

You will use the M&S Platform for lawful purposes only and will not use it in a way that infringes the rights of anyone else or that restricts or inhibits anyone else's enjoyment of the M&S Platform. You will not undertake any activity that is harmful to the M&S Platform or its content or otherwise not envisaged through the M&S Platform. You have a limited license to access and use the M&S Platform, solely for the purpose of availing the services and purchasing the Products offered on it, subject to these Terms and Conditions.

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 M&S Platform or the computer codes or elements comprising the M&S Platform. You may not use the content of the M&S Platform for any commercial purposes whatsoever.

We authorise you to view and access the M&S Platform solely for identifying Products, carrying out purchases of Products and processing returns and refunds, in accordance with Terms and Conditions. We therefore, grant you a limited, revocable, non-exclusive and non-transferable permission to access and use the M&S Platform for the aforesaid purpose.

The license granted to you does not include a license for: (a) resale of products or commercial use of the M&S Platform or any content therein, (b) any collection and use of product listings, description, or prices, (c) any use of M&S Platform, the services and/or of any content therein other than as contemplated in these Terms and Conditions, (d) any downloading or copying of login credentials of user, (e) any use of data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) any parts of M&S Platform, and (f) creating and/ or publishing your own database that features parts of the M&S Platform.

In your use of M&S Platform, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of advertisers or members or sponsors of M&S Platform or access any other third-party website linked to the M&S Platform. Unless otherwise stated, any such correspondence, advertisement, purchase or promotion, including the delivery of and the payment for goods and/or services, and any other term, condition, warranty or representation associated with such correspondence, purchase or promotion, is solely between you and the applicable third party. You agree that we have no liability, obligation or responsibility for any such correspondence, purchase or promotion, access or usage of any third-party website and the contract under such instances remains between you and any such third party.

Use of the M&S Platform from Outside India

Except where otherwise specified on the M&S Platform, the materials on the M&S Platform are displayed solely for the purposes of promoting our Products available in India. Marks & Spencer shall not accept orders for delivery to locations outside India. Those who choose to access the M&S Platform from locations outside India are entirely responsible for compliance with all the applicable local laws of that country and to the extent any local laws are applicable. These Terms and Conditions do not constitute, nor may these Terms and Conditions be used for or in connection with any promotional activities or solicitation by anyone in any jurisdiction in which such promotional activities or solicitation are not authorized or to any person to whom it is unlawful to promote or solicit.

We have several websites offering Products, services, content and various other functionalities to specific regions worldwide. The Products and services offered in one region may differ from those in other regions due to availability, local or regional laws, shipment and other considerations. We do not make any warranty or representation that a user in one region may obtain the Products or services from our site in another region and we may cancel a user's order or redirect a user to the site for that user’s region if a user attempts to order Products or services offered on a site in another region.

Information that we publish on the world wide web may contain references or cross references to our Products, programs and services that are not announced or available in your country. Such references do not imply that we intend to announce such Products, programs or services in your country. Consult our local business contact for information regarding the Products, programs and services that may be available to you.

Ownership of Submissions / Comments

Other than personal / sensitive data (which is subject to our Privacy Policy), You grant to us a royalty-free, perpetual, irrevocable, non-exclusive right and license to adopt, publish, modify, reproduce, disseminate, transmit, distribute, copy, use, create derivative works from, display worldwide, or act on any material, 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 M&S Platform 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 does not breach any applicable agreement and will not cause injury to any person or entity (including that the content or material is not defamatory). If at any time, the submissions provided by you is found to be false or inaccurate, we will have the right to reject registration, cancel all orders, and restrict you from using the services and other affiliated services in the future without any prior intimation whatsoever. You agree to indemnify us and our affiliates for all claims brought by a third party against us or our affiliates arising out of or in connection with a breach of any of such warranties made by you.

Social networking sites

Any submissions you make on any third party website or page such as Facebook page, Twitter, Pinterest, YouTube or other social networking site (“Third Party Website/Platform”) are governed by the terms of use and policies of the respective Third Party Website/Platform. The user should read the terms of use, privacy policy and/or other policies of the respective Third Party Website/Platform and any access or use of the Third Party Website/Platform is entirely at the user’s own risk. 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.

Ownership of Rights

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

Your use of the M&S Platform and its contents grants no rights to you in relation to our intellectual property rights, or that of third parties, in the M&S Platform or its contents. By submitting information (other than your personal data), text, photos, graphics or other content to the M&S Platform 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 M&S Platform.

A disclosure, comments and your agreement to the M&S Platform 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 M&S Platform, including questions, or to make contact with other users of our M&S Platform or to make submissions on any M&S related Third Party Website/Platform, you must comply with the content standards set out below and the M&S Platform Terms. Any third-party advertising on M&S pages of third-party social networking sites / Third Party Website/Platform are not the responsibility of, or endorsed by M&S. Any use of any M&S social networking pages or their contents, including copying or storing them in whole or in part, is prohibited without the permission of M&S. You confirm that the submissions made by you on M&S Platform or any Third Party Website/Platform is your own and that the content does not infringe the material, trademarks or intellectual property of others.

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.

All the trade names associated with us and all Products and logos denoted with TM or ® are trademarks or registered trademarks of us or our affiliates. Our trademarks may not be used in connection with any product or service that is not our product or service.

Confidentiality

Any material you upload to our M&S Platform 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 M&S Platform 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 M&S Platform. We have the right to remove any submissions you make on our M&S Platform 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.

Submissions should not include any:

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

User Warranties and Restrictions

You are prohibited from hosting, displaying, uploading, modifying, publishing, transmitting, updating or sharing on or through M&S Platform, any information that:

Disclaimer of Warranties and Accuracy of content

We will try to ensure that all information and recommendations, whether in relation to the Products, services, offerings or otherwise (hereinafter “Information”) provided as part of this M&S Platform is correct at the time of inclusion on the M&S Platform. We do not guarantee the accuracy of the Information. We make no representations or warranties as to the completeness or accuracy of Information. 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 the M&S Platform 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.

You agree that information is being supplied to you on the condition that you will make your own determination as to the suitability of such information for your purpose prior to use or in connection with the making of any decision. No information on the M&S Platform shall constitute an invitation to invest in us or any affiliates. Any use of the M&S Platform or the information is at your own risk. Neither we, our affiliates, nor their officers, employees or agents shall be liable for any loss, damage or expense arising out of any access to, use of, the M&S Platform, the information, or any third-party website linked to the M&S Platform. We are not responsible for the content of any third-party sites and do not make any representations regarding the content or accuracy of material on such sites. If you decide to access links of any third-party platforms, you are doing so entirely at your own risk and expense.

As means to assist the users in identifying the Products of their choice, we provide visual representations on the M&S Platform including graphics, illustrations, photographs, images, videos, charts, screenshots, infographics and other visual aids. While reasonable efforts are made to provide accurate visual representation, we disclaim any guarantee or warranty of exactness of such visual representation or description of the Product, with the actual Product ultimately delivered to users. The appearance of the Product when delivered may vary for various reasons.

Nothing contained herein is to be construed as a recommendation to use any product, process, equipment or formulation, in conflict with any patent, or otherwise and we make no representation or warranty, express or implied that, the use thereof will not infringe any patent, or otherwise.

We do not covenant or provide any representations and warranties:

THIS M&S PLATFORM AND THE SERVICES ARE PROVIDED TO YOU ON AN “AS IS” AND “WHERE-IS” BASIS, WITHOUT ANY REPRESENTATIONS OR WARRANTIES. WE, FOR OURSELF AND ANY THIRD-PARTY PROVIDING MATERIALS, SERVICES, OR CONTENT TO M&S PLATFORM, MAKE NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT OF THIRD-PARTY RIGHTS, WITH RESPECT TO THE M&S PLATFORM, THE INFORMATION OR ANY PRODUCTS OR SERVICES TO WHICH THE INFORMATION REFERS. WE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, ARISING FROM OR CONNECTED WITH THE SITE, INCLUDING BUT NOT LIMITED TO, YOUR USE OF THIS SITE OR YOUR INABILITY TO USE THE SITE, EVEN IF WE HAVE PREVIOUSLY BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Disclaimer

To the extent permitted by applicable law, We, our officers, agents, employees and directors, disclaim any liability against any loss, damage, expenses, liabilities, claim, injury caused due to the failure of performance, omission, defect of products, or deletion, interruption, error, delay, virus, communication, unauthorised access, theft, destruction, alteration or use of records on the M&S Platform.

Damage to your computer or other devices

M&S uses reasonable efforts to ensure that the M&S Platform is free from viruses and other malicious or harmful content. However, we cannot guarantee that your use of the M&S Platform (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 M&S Platform safely and to screen out anything that may damage or harm your computer/ mobile phone or other device or other system or equipment through which the user uses and accesses the M&S Platform. 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 M&S Platform.

Communication and Unsubscribing

By providing your consent, you also accept to receive news, updates, offers/ campaign related SMS, to the email address and mobile phone number provided by you. By accessing and using the M&S Platform and/ or verifying your contact number with us, you explicitly consent to receive such communications (through call, SMS, email or other digital and electronic means) from us and/or our authorized representatives regarding any new services or offerings, even if your contact number is registered under the DND/NCPR list under the Telecom Commercial Communications Customer Preference Regulations, 2018.

You can unsubscribe/ opt-out from receiving marketing/ promotional communications, newsletters and other notifications from us at any time by following the instructions set out in such communications (if any) or by contacting our customer care.

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 and/or mobile confirming receipt of your order and containing the details of your order 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 ship or dispatch the product(s) that you order from us. We reserve the right, at our sole discretion, prior to dispatch of the product(s), to decline or refuse or cancel an order for any reason whatsoever, including legal and regulatory reasons.

If your order is dispatched in more than one package, you may receive separate shipment confirmations for each package, and each shipment confirmation and corresponding dispatch will conclude a separate contract of sale between you and us for the Product(s) specified in that shipment confirmation.

The duration of our contract with you will start from when you receive the order dispatch email and last upon delivery of the Products.

We list availability information for the products on the relevant webpage of the M&S Platform. Beyond what we say on that webpage or otherwise on the M&S Platform, we cannot be more specific about availability. Please note that dispatch estimates are not guaranteed and should not be relied upon as such. As we process your order, you will be informed by e-mail and/or mobile SMS if any Products you order turn out to be unavailable or out of stock.

Any communication from us shall be sent only to your registered mobile number and/or email address or such other contact number or email address that you may designate, for any particular transaction. You shall be solely responsible to update your registered mobile number and/or email address on the M&S Platform in the event there is a change. Further, we may also send you notifications and reminders with respect to scheduled deliveries of the purchased products. While we shall make every endeavour to share prompt reminders and notifications relating to the delivery of purchased Product(s) with you, we shall not be held liable for any failure to send such notifications or reminders to you.

If we cannot supply you with the Product you ordered, whether fully or partially, we will not process your order, to the extent we cannot supply the same, inform you of this in writing (including email) and, if you have already paid for the Product or service, refund you for the part of the order so cancelled, in full as per the Returns & Refunds terms herein.

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 dispatch 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.

All orders placed on M&S Platform are subject to the availability of such product, our acceptance of your offer and your continued adherence to these Terms and Conditions.

You hereby authorise us to declare and provide declarations to any governmental authority on request on your behalf, including that the products ordered by you are for personal, non-commercial use.

Terms for Cancellation, Return and Refund of Orders

Cancellation of Orders

You can cancel orders for Products in fully (not partially) till the time the cancel button is enabled against the order on the M&S Platform.

Return of Products

Refund in case of Cancellation or Return

Terms of Shipping and Delivery

We partner with third party logistic service providers in order to effectuate product shipping and delivery to you ("Logistic Partners"). We shall provide the details of the Logistic Partner which will be responsible for processing the shipping and delivery of any Product(s) purchased by you on the M&S Platform at the time such Product is processed and successfully handed over to the Logistic Partner by us. The user will be provided with an estimated timeline for the delivery of the Product purchased from the M&S Platform through email/ sms on the e-mail ID and/or mobile number provided by you/ registered with us. This estimated timeline shall be notified to the user on the order confirmation page displayed at the time the order is confirmed by us. You agree and understand that though we effectuate product delivery to the users through our Logistic Partners, we reserve the right to ship and deliver the Products on our own without engaging any Logistic Partners or third party service providers.

You agree and understand that though we endeavour to ship and deliver our Products all across India, we may, in our sole discretion determine a select list of areas which are unserviceable for delivery of Products. We or our Logistic Partners do not provide shipping and delivery services in such unserviceable areas and may not process your orders on the M&S Platform in such cases. In the event an area has been deemed unserviceable by us, we shall notify such user at the time of placing an order for purchase of Products on the M&S Platform. You may also verify whether an area is unserviceable for deliveries by us by entering the relevant area pin-code on the M&S Platform.

You agree and acknowledge that to effectuate timely delivery of the purchased Products to you we may inquire or collect specific information like your name, shipping address, billing address, landmarks, contact details, etc. You shall ensure that all information that is submitted by you to us on the M&S Platform is true, complete, accurate and sufficient to identify the actual place of delivery. You understand that you shall bear absolute liability in case of any failure by us in delivering the purchased Products due to your failure to provide correct, complete, sufficient and accurate information at the time of placing the order. It is further clarified that we shall not be liable in any manner and at any point in time due to your failure to provide correct and complete information.

We will attempt to deliver the purchased Product to your designated address within the estimated timeline of delivery notified to you. In the event you are not available or present to accept the delivery of the Product, our Logistic Partners will make a maximum of three attempts to deliver the purchased Product(s) to you. If the last delivery attempt is unsuccessful and you continue to remain unavailable, we reserve the right to cancel the order of the purchased Products at our sole discretion and process the return of such Product to us. We further reserve the right to deduct the shipping and delivery charges borne by us while processing any refunds subsequent to such cancellation.

While we make reasonable endeavours in ensuring that purchased Products are delivered to you in a timely manner and within the timeline notified to you, you accept and acknowledge that the delivery may be delayed on account of:

(a) Logistical issues beyond our control;

(b) Unsuitable weather conditions;

(c) Political disruptions, strikes, employee-lockouts, etc.;

(d) Acts of God such as floods, earthquakes, etc.;

(e) Other unforeseeable circumstances.

In such events of delay, we shall make reasonable attempt to inform you by writing to your email ID and/or mobile number registered with us. We disclaim all liabilities that may arise on account of our failure to inform or notify you of delays in the delivery of purchased Products on the M&S Platform. Further, we shall be under no obligation to compensate you for any claim that may otherwise arise on account of delay in the shipment or delivery or use of the purchased Products.

We endeavour to engage Logistic Partners, employees, agents with the highest regard for ethics and integrity; and behave in a fashion that exudes thorough professionalism, competence and good mannerism. You agree and acknowledge that the actions, inactions of delivery individuals are not in our control, and it is not possible for us to monitor and observe each delivery executive. Since we are merely facilitating delivery of a Product purchased by you, we shall not be liable for any acts or omissions on part of our delivery agents, employees, or personnel and/ or the Logistic Partner or their employees, agents, or personnel including deficiency in service, wrong delivery of Product, time taken to deliver the Product, Product package tampering, etc. For the sake of abundant clarity, it is stated that any ill-mannerism, impoliteness, discourtesy or offensiveness shown by our delivery executives or the employees, agents, personnel of the Logistic Partners is beyond our control and any issue arising between you and our delivery executive or an employee, agent, personnel of the Logistic Partner will have to be resolved by the you, independently. You agree and acknowledge that you will not hold us responsible or require us to settle, mediate or resolve any disputes between you and the delivery personnel delivering the Products to you.

Once you place an order on the M&S Platform, we process such order and hand over the purchased Product to our Logistic Partner. The user will receive a unique tracking identity number once the purchased Product is handed over to the Logistics Partner, which will enable the user in tracking the status of delivery of the purchased Products. The user may use the tracking identity number on the M&S Platform or the website and/or the mobile application of the Logistic Partner to check the status and location of the purchased Product and its estimated time of delivery. Our customer service team coordinates with the Logistic Partners to ensure that the Products are delivered to you at the earliest and make all reasonable efforts in ensuring that the Logistic Partners update the tracking status of the purchased Products on a real time basis. It is clarified that we engage third party service providers to effectuate deliveries of the products and hence, we do not guarantee the accuracy or correctness of the tracking status and the status may be subject to inconsistencies arising out of time-lags in updating the information and/ or other technical difficulties which are not in our control.

We reserve the right to charge or collect shipping fees (for delivery and/or return) on Products from time to time. Shipping charges may vary based on the value of the Product, type of Product, area of delivery, payment mechanism, etc. You agree that we are authorized to collect, on behalf of the Logistic Partner, the shipping and delivery fees for the service provided by the Logistic Partner. In the event we charge a shipping fees for the delivery of a purchased Product, such shipping fees will not be refunded by us pursuant to any return request raised by you. You acknowledge and accept that the title and risk of all products ordered by you shall pass on to you upon the delivery/ handover of the purchased Products to you.

Payment

In order to ensure user convenience, Marks and Spencer offers multiple payment options (“Payment Options”) to user. We, without prior notice to user, reserve the right to add or delete payment options from /to the ones listed below:

The ‘cash on delivery’ payment option allows Users to make a cash-only payment to our delivery executive or logistic partner at the time of delivery of the purchased Products to the User. Presently, we offer a maximum order value of INR 49,999 (Indian Rupees Forty Nine Thousand Nine Hundred and Ninety Nine only) under the cash on delivery payment option. In case we offer cash on delivery for the orders exceeding INR 49,999, we may request for additional documents like PAN, etc. from you at the time of placing of order/ delivery of the order. We reserves the right not to provide cash on delivery payment option for certain Products (these could be Products specified by us or Products with value exceeding a specified amount) or locations. User(s) are required to peruse and accept the terms set out under the Return, Refund and Cancellation for refunds in respect of transactions carried out using the cash on delivery payment option.

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 or any other prepaid payment instrument details being used is yours and is correct, complete and accurate. All fields indicated as compulsory must be completed. User(s) shall not use a credit/debit card or prepaid instrument which is not lawfully owned by him/her or which the user has not been lawfully authorised the user to use. The user shall solely be responsible for the security and confidentiality of his/her financial information. Marks and Spencer disclaims all liabilities that may arise as a consequence of any unauthorised use of the user’s financial information and/or identity, including, details relating the payment options referred above. 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.

It is expressly clarified that accepting a User’s payment through the Payment Options is solely at M&S’ discretion. M&S reserves the right to reject payment from a User through the Payment Options for any reason whatsoever. In order to further validate a User’s transaction, we may request the User to submit a copy of the User’s photo identity proof (such as the User’s PAN card), failing which, we reserves the right to reject a User’s payment made through the Payment Options.

We reserve the right to impose limits on the number of transactions a User may undertake over the M&S Platform. Should the User exceed such transaction limits imposed by us, we reserve the right to refuse to process such transactions. We may refuse to process transactions emanating from User(s) who have suspicious or questionable transaction history on the M&S Platform. Should M&S be dissatisfied with the credibility of a User or the genuineness of a transaction carried out on the M&S Platform, we shall have the right to reject such transactions. We may also choose to delay the dispatch of Products purchased by such User or cancel the entire purchase at our sole discretion. The User agrees that we shall not be liable for any damage, interests or claims resulting from our decision to not process a transaction or delay in the processing of a transaction on account of a User’s suspicious activity on the M&S Platform.

All Products ordered will remain the property of M&S until we have delivered/ handed over 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.

Marks and Spencer shall not be held responsible and shall not assume any liability in respect of any loss or damage suffered by a user owing to:

Despite our best efforts, there may be instances of mispricing of Products on the M&S Platform during or after the process of purchase of Products has been carried out by the User. While thorough processes of verification are carried out prior to the publication of Product prices on the M&S Platform, errors and discrepancies arising out of technical glitches and time lags is unavoidable. For avoidance of doubt, Marks and Spencer Reliance’s curative actions that will arise in the event of a price difference arising on the actual maximum retail price of a Products against the price published on the M&S Platform is set out below:

Product Descriptions

We have taken reasonable precautions to try to ensure that prices quoted on the M&S Platform are correct and that all products have been fairly described. However, when ordering Products through the M&S Platform, 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 misrepresented goods. Nothing in these Terms and Conditions will affect these statutory.

We are only responsible for losses that are a natural, foreseeable consequence of our breach of these Terms and Conditions. We will not be liable to you if we are prevented or delayed from complying with our obligations under these 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 the M&S Platform. Refund of the price paid for the purchase of a product or replacement thereof shall be governed by the Return and Refund terms herein.

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.

We shall not, under any circumstance, whether as a result of breach of contract or warranty, tort, or otherwise, be liable for any incidental, special or consequential damages, including loss of profits or revenues or any other costs or damages.

In no event, our aggregate liability, if any, that is proven and ordered by a court of competent jurisdiction pursuant to a claim by you or person acting on your behalf, shall extend beyond the money charged from you for purchases made pursuant to an order under which such liability has arisen and been established. We will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when a contract for the sale of Product by us to you was formed.

Indemnification and Limitation of Liability

You agree to indemnify, defend and hold harmless us, our affiliates, officers, directors, employees, consultants, licensors, agents, and representatives from and against any and all third- party claims, losses, liabilities, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of M&S Platform or the services, violation of these Terms and Conditions, or infringement of any of our or any third-party intellectual property or other rights. We will notify you promptly of any such claim, loss, liability, or demand, and in addition to the foregoing, you agree to provide us with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.

Other legal notices

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

Assignment and third party rights

We reserve the right to 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 M&S Platform. Your relationship with the M&S Platform will be governed by the most current version of these Terms and Conditions, as published on M&S Platform.

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 nor shall affect our ability to subsequently exercise that right or remedy. Any waiver must be agreed by us in writing.

Severability

Whenever possible, each section of these Terms and Conditions shall be interpreted in a manner so as to be valid under applicable law. However, if any of these Terms and Conditions are found to be illegal, invalid or unenforceable by any court of competent jurisdiction, such Terms and Conditions shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the remainder of such Terms and Conditions and 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 the M&S Platform (including any contract entered between you and us through the M&S Platform) shall be governed by Indian laws as applicable and any disputes regarding or arising out of these Terms and Conditions shall be subject to the exclusive jurisdiction of the courts at Delhi. All contracts shall be concluded in English.

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

Complaints

If your complaint is about a Product, our M&S Platform or anything else, you may reach our customer care, at the address /phone number detailed below.

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.

Customer Care

By email: care.india@marks-and-spencer.com

By phone: +91 80106 21621; we are open everyday Mon-Sat 08:00 am to 08:00 pm, excluding gazetted holidays.

By post:

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

Registered Office: Marks and Spencer Reliance India Private Limited, 4th Floor, Court House, Dhobi Talao, Lokmanya Tilak Marg, Mumbai- 400 002, India

**Calls may be chargeable as per your service provider.

Grievance Officer

Name: Mr. Ankur Vashisht

Designation: Grievance Officer

Email Address: grievance.officer@marks-and-spencer.com

Phone No: 0124-4574600

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

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

Nodal Officer

Name: Mr. Abhishek Lal

Designation: Nodal Officer

Email Address: nodal.officer-ecom@marks-and-spencer.com

Phone No:0124-4574600

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

Force Majeure

Notwithstanding anything contained in these Terms and Conditions or elsewhere, we shall not be held responsible for any delay, loss, damage or failure to comply with the obligations, if such loss, damage, delay or failure arises from any cause which is beyond our reasonable control and is attributable to a Force Majeure Event. A "Force Majeure Event" means any event that is beyond the reasonable control of M&S and includes, without limitation, pandemic, epidemic, fire, flood, explosion, acts of God, civil commotion, strikes, lock outs or industrial action of any kind, riots, insurrection, war, acts of government, power failure, sabotage, computer hacking, unauthorised access to computer data and storage device, system failure, virus, attacks, bugs, computer crashes, breach of security and encryption.

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.