These terms and conditions (the “Terms”) relate to the purchase and collection of Your Christmas food order from Marks and Spencer plc (“M&S”, “We”, “Us”, “Our”). We recommend that You read these terms for an explanation of Your rights and before placing an order. We also recommend that You print and keep a copy of these terms for Your future reference. Click here to print or download.
M&S own and operate this microsite www.christmasfood.marksandspencer.com (“the Microsite”). By accessing, browsing and/or using the Microsite, You agree to be bound by these terms in their entirety whether or not You place a Christmas food order through this Microsite. These terms will apply regardless of how the Microsite is accessed and will cover any technologies or devices by which M&S make the e available to You.
Please note that these terms and conditions are different to the terms and conditions that govern any purchases that You may make on the Marks and Spencer website [www.marksandspencer.com] (“the Website”).
If You do not agree to abide by these terms, please do not use or access the Microsite or order any products made available to You on or via the Microsite.
Please note our offer of £5 off when you spend £30, featured on page 35 of the Christmas Food to Order brochure, applies to our all year round Food to Order range and does not include our Christmas Food to Order range.
Who We Are
Marks and Spencer plc is a company incorporated in England and Wales (Company Number 214436) whose registered office is at Waterside House, 35 North Wharf Road, London, W2 1NW. Registered VAT number is 232 128892.
M&S is part of a group of companies which are wholly or partly owned by Marks and Spencer plc (“M&S Group”).
If You have any questions, complaints or comments relating to the products, the collection of the products, the Microsite or these Terms please contact us on the details below:
Marks and Spencer plc
Waterside House, 35 North Wharf Road, London, W2 1NW
1.1. M&S is registered as a data controller for the purposes of the Data Protection Act 1998. Our registration number on the register of data controllers maintained by the Information Commissioner is Z6046528.
1.2. When You use the Microsite or place an order with M&S through this Microsite Your personal data may be collected and processed by M&S and/or the M&S Group.
- only use this Microsite for lawful purposes and not in a way that may lead to the encouragement, procurement or carrying out of any criminal activity;
- not use this Microsite in a way that infringes the rights of anyone else or that restricts or inhibits anyone else's enjoyment of the Microsite;
- not breach the provisions of section 12 of these Terms (usage of Intellectual Property);
- not knowingly or negligently introduce viruses, Trojans, worms or other harmful material onto the Microsite or Our servers;
- not penetrate or attempt to penetrate the Microsite security measures, or attack the Microsite servers via a denial-of-service attack or a distributed denial-of service attacks;
- not use this Microsite other than for your own personal use.
2.3. M&S has an unlimited right to take any appropriate action against You in order to defend Our rights or those of any other person, which may include the suspension, restriction and/or termination of your access to the Microsite and the Website.
3. General Terms of Sale and Purchase
3.1. M&S has taken reasonable precautions to try to ensure that prices quoted on the Microsite are correct and that all products have been described fairly. However, when ordering products through the Microsite, please note that:
- the weights, dimensions and capacities shown on the Microsite are approximate only and may be liable to change;
- packaging may vary from that shown on the Microsite;
- products shown are not the actual size;
- numbers of serving in the product description are for guidance only;
- any garnish, decoration, serving dish, utensils are not included unless stated in the product description;
- all products are subject to availability, meaning We may not always be able to supply Your order. We will inform You as soon as possible if the product(s) You have ordered are not available and, if agreeable to You, We may offer You alternative product(s) of equal or higher quality and of a similar value;
- orders will only be accepted if there are no material errors in the description of the products or their prices as advertised on this Microsite and subject to the authorisation of Your payment card; and
- the products and promotions which are offered on the Microsite may not be available in-store and vice-versa.
3.2. Products containing alcohol can only be sold and collected by people aged 18 or over. If We reasonably believe that You are not legally entitled to order a product, We reserve the right to cancel Your order.
3.3. Certain products may contain eggs, nuts and/or gluten. Please look at individual product packaging for guidance on ingredients, freshness guarantee and use by dates as M&S will, as far as allowed by law, not accept liability for any reactions that result from the consumption of products that contain ingredients you are allergic or intolerant to, when such ingredients are stated on the packaging.
3.4. Please note that Christmas food to order products ordered through this Microsite will not be delivered. All products must be collected from your selected participating store. Please click here for the list of stores from which Your Christmas orders can be collected.
Purchase of Meat and Poultry
3.5. When purchasing meat and/or poultry, prices quoted on the Microsite are an estimated price only as price is based upon weight and size. This may mean that upon collection of your Christmas food order You will find that Your estimated total order price has been adjusted.
3.6. The price adjustment, mentioned in section 3.5 above, may increase or decrease Your estimated Christmas food order total. Where there is a variation in price, M&S will try to ensure that the meat and/or poultry You are provided with will be as similar in value to the price quoted to You upon ordering.
3.7. Please note that the price adjustment will never be so great that Your final Christmas order total is less than the non-refundable deposit sum paid upon ordering.
4. Placing Your Order and Payment
4.2. All orders submitted by You are an offer to purchase and are subject to acceptance by Us.
4.3. We may choose, in Our sole discretion, not to accept Your order for any reason without liability to You. Examples of when We may not accept Your order include, but are not limited to:
- If products are shown on the Microsite but are not available or are incorrectly priced or otherwise incorrectly described; or
- If M&S are unable to obtain authorisation of Your payment.
4.4. Before You submit Your order, You will have the opportunity to review and confirm all the products You are ordering. This will allow You to correct any input error and show You any applicable discounts to the products prior to submission.
4.5. You will then be asked to choose a date and time (together the “Collection Time”) and store (“Collection Store”) from which You would like to collect Your Christmas food order. For more information on the collection of Christmas food orders, please click here.
4.6.& When You have confirmed Your preferred Collection Time and Collection Store along with all the products that You wish to order, You will be given an estimated total order price which will also set out the deposit sum that You are required to pay to M&S upon completion of Your order. The deposit sum will be taken following the authorisation of Your payment details and this sum is non-refundable. Our acceptance of Your order takes place upon payment of the deposit sum.
4.7.& All compulsory fields on the payment details screen will be marked and these must be completed. You will not be able to complete Your order until these details have been entered.
4.8. All card payments are subject to authorisation by Your card issuer.
4.9. When Your payment details have been authorised You will see a confirmation message on screen, notifying you that the deposit has been charged.
4.10. Please note that any outstanding sums owed, as set out in Your estimated total order price, will need to be paid in store upon collection of Your Christmas food order.
4.11. You will also receive a confirmation email, sent to Your specified email address, which will contain details of Your order. Please keep this email safe and take it with You when You go to collect Your Christmas food order.
4.12. Please note that in order for M&S to process Your order in time for Christmas and/or New Year You must submit Your order to Us by a certain date, as specified in section 4.13 below.
4.13. Please be aware that:
4.13.1. If you are placing Your order for Christmas, the last date goods can be ordered via the Microsite is 3pm on 15th December 2012;
4.13.2. notwithstanding section 4.14.1 , the last date that you can collect Your order in time for Christmas is 24th December 2012;
4.13.3. if you are placing Your order for New Year’s but for collection after Christmas the last date goods can be ordered via the Microsite is 3pm on 22nd December 2012;
4.13.4. notwithstanding section 4.14.3, the last date that you can collect Your order in time for New Year’s Day is 31st December 2012.
4.14.Please note that You do not have to have an M&S online Account to be able to place an order through the Microsite.
5.1.& When ordering Your products You will be asked to choose Your Collection Store and then select Your chosen Collection Time. Click here for a list of participating stores.
5.2. As the Christmas food orders are organised through a system of time slots, Your preferred Collection Time may not always be available. If You are unable to select Your desired Collection Time from Your preferred Collection Store You can check availability of the other participating stores and choose to collect from these instead.
5.3. Orders placed for collection before Christmas can be picked up only on the following range of dates: 22nd, 23rd or 24th December 2012. Orders placed for collection after Christmas but before New Year can be picked up only on the following dates: 30th or 31st December 2012. You will be asked to select your preferred Collection Time from this range of dates.
5.4. In rare circumstances, You may select a specific Collection Time which is accepted by Us but upon review by Our Customer Service Team, who are manually managing this system to ensure a smooth collection process, they may decide that the Collection Time will need to be varied.
5.5. If Your Collection Time needs to be varied, a member of Our Customer Service Team will contact You, on the details You have provided, to discuss an alternative Collection Time.
5.6. By accepting these terms You agree that M&S can vary your Collection Time at their discretion, further to confirmation with You.
5.7. If, having placed your order, You then need to change Your Collection Time, simply contact Our Customer Service Team to amend either Your date and/or time. Any amendments will be subject to Collection Time availability.
5.9. Please note that orders placed online in the UK cannot be collected outside of the UK or from any Republic of Ireland, Jersey and/or Guernsey stores. Please see the list of participating stores from which orders can be collected.
5.10.If You miss Your Collection Time, the participating store will hold Your order for two (2) hours following Your specified Collection Time. After this time Your order will be cancelled, unless non-collection is due to unforeseeable circumstances, as described in sections 7.8 and 7.9. Please be aware that Your deposit will not generally be refunded.
6. Amending your order
6.1. You can amend and/or cancel Your Christmas food order up until 5pm on 11th December 2012. You can do this by phoning Our Customer Service Team. This does not affect Your Distance Selling Rights, as applicable.
6.2. Please see section 7 for more information on Your cancellation and return rights.
7. Cancellation and return of your order
7.1. If You are a UK consumer, under the Consumer Protection (Distance Selling) Regulations 2000 (“Regulations”), You are entitled to cancel Your contract with Us as follows, regardless of whether the product is damaged or incorrectly supplied, if You place your order via this Microsite.
7.2. Under the Regulations, You can cancel a goods order anytime within seven working days after the day on which You received the goods.
7.3. Please note that these cancellation rights do not apply to perishable goods and/or products, which would include but is not limited to turkeys and chilled/refrigerated products. As such you are unable to cancel any perishable items that You order via the Microsite.
7.4. During the above cancellation period for non-perishable products, You have a duty to take reasonable care of the products and retain possession of them.
7.5. All valid order cancellation requests must either be over the phone to Our Customer Service Team or in person meaning You must go to a participating store to cancel Your order and You must take Your confirmation email along with You. The date of Your notice is deemed to be the date on which You phone Our Customer Service Team or come into the store.
7.6. You should check all products You collect against Your order email to confirm that You have received everything You ordered. If the products You receive are damaged or incorrect then please make a note of the damage or error and inform us (by post, phone or e-mail only) within a reasonable period of time. You must return the products to M&S as soon as possible after informing Us that the products are damaged or have been incorrectly supplied. Please note that We will not accept the return of any damaged or incorrectly supplied products where You fail to notify Us of this within a reasonable period of time. In the case of damaged or incorrectly supplied goods, We may offer you a replacement product.
7.7. Please note in normal circumstances, the cancellation of Your order will not result in the return of Your deposit.
7.8. If due to unforeseeable circumstances, as determined on a case by case basis, such as severe weather conditions, You are unable to reach a participating store to cancel/collect Your order or M&S is unable to supply Your order, M&S will, in these limited circumstances, accept cancellation of Your order over the phone and refund Your deposit in line with sections 7.9 and 9.4 below. Please click here for the relevant contact details.
7.9. If under section 7.8, Your order has been cancelled due to unforeseeable circumstances, M&S may, in these limited circumstances, refund Your deposit. Any refunds made by Us will be made to the debit/credit card account provided when You placed Your order
7.10.This paragraph is not intended to be a full statement of all Your rights under the Regulations. For further information about Your statutory rights, contact Your local Trading Standards department or consumer advice centre (for example the Citizen’s Advice Bureau for UK customers).
8. Refund Policy
8.1. M&S will give You a refund where You cancel or return a cancelled product in line with the terms of section 7.
8.2. All such refunds will be processed in accordance with Your legal rights and M&S will refund You within no less than 30 days from the date on which We receive the cancellation of Your order and upon the return of the product, if the product has been collected by You.
8.3. Any refunds made by Us will be made via the same method of payment used when You placed and/or collected Your order, as shown on your email confirmation or receipt, and will be subject to Our right to withhold amounts for products which are found damaged on return.
8.4. Please remember that Your deposit is non-refundable. The only circumstance in which we will refund Your deposit is if You are unable to collect Your Christmas food order due to unforeseeable circumstances, as determined on a case by case basis, such as severe weather which has prevented collection or Our supply of the order. In this circumstance we will refund Your deposit to the debit/credit card account provided when You placed Your order.
9. Bundle Offers
9.1. In certain circumstances particular groupings of products will have a discount applied to them.
9.2. Where this is the case We will display these products as a special bundle offer.
9.3. All bundle offers are limited offers and will be subject to availability.
9.4. IIf, under a certain bundle offer, a product within the offer becomes unavailable, We will offer You an alternative product of equal or higher quality, of a similar value and of similar characteristics so that You may still benefit from the bundle offer. We will notify You when a product has been substituted.
9.5. These terms and conditions still apply in their entirety in relation to bundle offers and there may be additional terms and conditions associated with the bundle offer. Please ensure You check these before purchase.
9.6. Please note that if You need to return a qualifying product, following collection and after full payment of Your Christmas food order, then the amount refunded will be that of the item price as discounted through the bundle offer, not the individual item price of the product if it had been purchase separately and had not been included in the bundle offer.
9.7. If You cancel a qualifying bundle item via Our Customer Services Team before collection and/or full payment of Your order, You will be charged the full individual item price for the remaining items that previously had been grouped in the bundle offer.
10.1. We may wish to use the personal information You provide through the Microsite to send You marketing materials from time to time relating to other M&S products and/or services such as future events, promotional activities and information about special offers that we feel may be of interest to You.
10.2. Your Information will not be disclosed to any external third parties for marketing purposes.
10.3. We may communicate with You by the following methods: post, email, SMS and/or telephone. You have the right to stop receiving these marketing communications at any time.
10.4. If You do not wish to receive these communications please indicate so on the Microsite by checking the relevant tick box about marketing communications.
10.5. If You stated You would like to receive Our marketing communications but would then like to stop receiving these communications or would like to change Your marketing preferences You can inform Us in a variety of ways, for example by clicking on the relevant link in Our marketing emails to You, by post to the following address , or over the phone. The marketing communications will then be stopped or modified as soon as reasonably practicable.
11. Intellectual Property
11.1. You agree that all intellectual property rights (including, but not limited to, database rights, copyright, trademarks and any other intellectual property rights) in all material or content (including, but not limited to, logos, graphics, photographs, animations, videos, text, data compilation, audio and/or visual clips, music, software and any combination of the foregoing) supplied or made available on this Microsite are owned or licensed by M&S or the M&S Group and are protected by applicable copyright laws and treaties throughout the world. You are only permitted to use these materials/content as expressly authorised by Us or Our licensors.
11.2. You may use, download and print content on the Microsite solely for Your own personal use or personal non-commercial use. Other than for Your own personal use or internal business purposes, You may not without M&S’ prior written consent:
- copy, reproduce, use or otherwise deal with any content on the Microsite;
- modify, distribute or re-post any content on the Microsite for any purpose;
- reproduce, crawl, frame, link to or deep-link into this Microsite on or from any other website;
- use the content of the Microsite for any commercial exploitation whatsoever.
11.3. Except as set out at section 12.2 above, You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit, tamper with or create derivative works of such material and content.
11.4. The “Marks and Spencer” and “M&S” trade mark as well as all trade marks, whether they are figurative or not, and all other marks, trade names, service marks, brand names, business names, illustrations, images, logos which appear on our products, Microsite, accessories or packaging, whether registered or not (the "Trade Marks"), are and remain the exclusive property of Marks and Spencer and/or its partners and/or licensors and are proprietary marks protected by applicable copyright laws and treaties throughout the world and may not be reproduced or otherwise without express permission.
12. Ownership of rights and user content
12.1. If You acquire any copyright or other intellectual property rights in the Microsite (whether by operation of law or otherwise), then You agree to assign those rights to M&S (including any rights You may have in user generated content that You submit through the Microsite) 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 Microsite.
12.2. You further agree to execute all such documents and do all such acts and things as we may reasonably require in order to assign any such rights to M&S and to waive any moral rights You acquire in or to the Microsite.
13.1. Nothing in these Terms shall exclude or limit M&S’ liability for personal injury or death caused by M&S’ negligence or for fraud or fraudulent misrepresentation. In addition, these Terms shall not limit or exclude any other liability that is not permitted to be limited or excluded by applicable law.
13.2. You have certain rights as a consumer, including legal rights relating to faulty or incorrectly described goods. For further information about Your legal rights in the UK, contact Your local Trading Standards Department or Citizen’s Advice Bureau. Nothing in these Terms will affect these legal rights and, in particular, M&S will perform their obligations under these Terms with reasonable care and skill.
13.3. Any products M&S supply to You will be of satisfactory quality and if the product, when collected by You is not of satisfactory quality, You can contact M&S for a replacement or, where this is not possible, for a refund, subject to the deposit provisions.
13.4. M&S are only responsible for losses that are a natural, foreseeable consequence of our breach of these Terms. We will not be liable to You if they are prevented or delayed from complying with their obligations under these Terms by anything You (or anyone acting on Your behalf) does or fails to do or due to events which are beyond their reasonable control.
13.5. You must follow any advice M&S give You to keep products supplied to You safe (including any instructions or guidance provided with the products or as listed on the packaging). M&S cannot accept liability for damage caused by Your failure to follow this advice.
13.6. In any event, M&S will not be liable, whether in contract, tort or otherwise, arising out of or in connection with these Terms for any:
- losses related to any business of Yours including (without limitation) lost data, lost profits, lost revenues or business interruption;
- loss of goodwill or reputation; or
- special or indirect losses suffered by You arising out of or in connection with these Terms.
13.7. M&S will not be liable for any breach by You of the applicable laws of the country in which You are resident or order the product from. You must comply with all applicable laws and regulations of the country from which You are ordering the products. It is Your responsibility to determine whether there are any restrictions on what products You can order through the Microsite.
13.8. The aggregate liability of either M&S under these Terms, whether arising under contract, tort (including negligence) breach of statutory duty or otherwise shall not exceed the price paid for the product You have ordered from M&S.
14. Exclusions of liability
14.1. M&S exclude all representations, warranties, conditions and terms (whether express or implied by statute, common law or otherwise) to the fullest extent permitted by law. M&S accept no liability for any losses or damages which are not reasonably foreseeable arising out of or in connection with these Terms or Your use of the Microsite.
14.2. Except to the extent required by applicable law, M&S shall not be liable to any person for any loss or damage which may arise from the use of or reliance on any content or information displayed in or on the Microsite.
14.3. M&S will be responsible for any charge issued by Your card issuer or bank, as a result of M&S processing Your credit/debit card payment in accordance with Your order.
14.4. 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.
15.1. You may not assign or sub-contract or otherwise any of Your rights or obligations under these Terms to any third party without the written consent of M&S.
15.2. M&S may assign, transfer, novate or sub-contract any of their rights and obligations under these Terms to any company within the M&S Group or any other third party at their discretion, provided that Your rights under these Terms are not affected.
16. Third party rights
Only You and/or M&S shall be entitled to enforce these Terms. No third party shall be entitled to enforce any of these Terms, whether by virtue of the Contracts (Rights of Third Parties) Act 1999 or otherwise.
No relaxation or delay by Marks and Spencer plc in exercising any right or remedy under these Terms shall operate as waiver of that right or remedy or shall affect their ability to subsequently exercise that right or remedy. Any waiver must be agreed with You and Marks and Spencer plc in writing.
If any of these Terms are found to be illegal, invalid or unenforceable by any court of competent jurisdiction, the rest of these Terms shall remain in full force and effect.
19. Governing Law and Jurisdiction
These Terms, all transactions and any matters arising out of Your use of the Microsite (including any contract entered into between You and us shall be governed by English law and subject to the non-exclusive jurisdiction of the courts of England and Wales.