Terms and conditions
What are the website’s terms and conditions?
This page provides information about who we are and the legal terms and conditions that may apply to your use of marksandspencergibraltar.com and any product you order from us.
To help you find the information you are looking for, we have divided these Terms and Conditions into 5 sections. These are:
View information about M&S
A. Information about Marks & Spencer: You can find out how to get in touch with us or view our registered company detail here
B. Website Terms: You can view the legal terms and conditions that apply when you access, browse and use marksandspencergibraltar.com
C. General Terms and Conditions of Sale: You can view the legal terms and conditions that apply to any product that you order from marksandspencergibraltar.com
View our Legal Terms
D. Legal Terms: You can view the legal terms and conditions that apply to these Terms and Conditions here
PART A: INFORMATION ABOUT MARKS & SPENCER
If you want to ask us anything (whether about our products and services, this website, any of our terms and conditions or otherwise), then please contact us.
PART B: WEBSITE TERMS
The Terms and Conditions apply to your use of the M&S website at www.marksandspencergibraltar.com (the "Website") 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.
YOUR 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 OF GIBRALTAR
The materials on this Website are displayed solely for the purposes of promoting Marks & Spencer's GIBRALTAR products available in GIBRALTAR.
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 and to waive any moral rights you acquire in or to the Website.
GUIDELINES FOR GIFT MESSAGES, PRODUCT REVIEWED AND QUESTION and ANSWER
Please read and understand the below before providing a gift message, posting a product review or any other user generated content on our Website or social media sites.
Ownership of Submissions
Other than personal data all comments, gift messages, 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”) 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.
Gift message service
If you use the gift message service, you acknowledge and agree that the gift message service is provided for your own personal and non-commercial use only. You are entirely responsible for the text and other content of your gift message and M&S accepts no liability for any such content and you will follow the rules for Submissions. We have the right to refuse to send messages and to terminate access to the gift message service at any time and without liability to you.
Social networking sites
Intellectual Property Rights
A disclosure, Submission or offer of any Submissions 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.
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:
- abusive, offensive or otherwise inappropriate language;
- profanity, blasphemy, spiteful, racist, sexually explicit, sexually gratuitous or discriminatory comments or content that might be considered to be harassment, abuse or threats against the personal safety or property of others
- comments about other reviewers or bloggers
- remarks that repeat criminal accusations, false, defamatory or misleading statements
- material which impersonates others or personal information about anyone, including yourself, such as phone numbers, postal addresses or credit card numbers
- spam or advertising
- third party brand names or trademarks
- HTML code, computer script or website URLs
- availability, price, promotions or alternative ordering or delivery information
- information about M&S suppliers or manufacturers
- an unsupported claim about the product producing an effect other than that for which it is indicated
- references to seasonal products which are no longer in season
- references to any products other than the product to which the Submission relates.
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 device
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.
PART C: GENERAL TERMS AND CONDITIONS OF SALE
These general terms and conditions of sale ("General Terms and Conditions of Sale") apply to any order you place through www.marksandspencergibraltar.com and any products you purchase from M&S in store.
IN STORE PURCHASES
Our Goodwill Refund Policy
Our “goodwill” refund policy does not affect your statutory rights under the Consumer Rights Act or other applicable legislation.
Our “goodwill” refund or exchange policy is offered on clothing and homeware when goods are returned in a resalable condition with a valid receipt within 35 days of purchase, excluding main sale items. Our goodwill policy applies where there is no statutory right to a refund or exchange under the Consumer Rights Act or otherwise. For a refund under our goodwill policy, items must be unused, returned in the original packaging and in a re-saleable condition.
Our refund or exchange policy for sale items purchased in store will be made clear to you at the time of purchase.
Exclusions from the goodwill policy
The following items are excluded from our "goodwill" returns policy:
Gift cards, beauty, food, food gifts, earrings, wine, hampers, duvets, pillows, mattress protectors, bra accessories*, swimwear*, toiletries. These products can only be returned in accordance with your statutory rights (for example, if they are not fit for purpose or not as described).
Some of these items may have their own terms and conditions which will be provided to you at the time of purchase.
*Please note that these products can only be returned under our goodwill policy if they are unopened and have the security or hygiene seal intact.
In respect of orders placed through the Website, these General Terms and Conditions of Sale apply regardless of how you access the Website, including via 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 General Terms and Conditions of Sale carefully. By placing an order through the Website, you confirm that you have read, understood and agree to these General Terms and Conditions of Sale in their entirety. If you do not agree to these General Terms and Conditions of Sale in their entirety, you must not order any product or service through the Website.
Please find below information regarding:
- Opening an account and placing an order
- Acceptance of your order
- Delivery and Collection
- Changes to your order
- Your right to cancel
- Our goodwill refund policy
- Returns to store
- Free delivery on qualifying orders
- Product and service description
- Age restricted products
- Product guarantees
- Gift cards
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 compulsory personal information. Alternatively, you can choose to place your order via the guest checkout
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 you access to your account and can delete the account.
ACCEPTANCE OF YOUR ORDER
Please note that completion of the online checkout process does not constitute our acceptance of your offer to purchase products or services 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 despatch the product(s) or on commencement of the services that you ordered from us. Prior to despatch 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 despatch email and last until the last day of your right to return the products.
If we cannot supply you with the product or service 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 soon as reasonably possible.
If the fulfilment of an order (or any aspect of it) would be illegal or unlawful, including by reason of breach of export controls or sanctions rules, 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.
All products ordered will remain the property of M&S until we have delivered the products to the address specified by you or they have been collected in store. If your payment is not received and you have already received the products you ordered from us, you must pay for (in full) or return those products to us in accordance with our reasonable 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 products that are the subject of an unpaid order.
DELIVERY AND COLLECTION
Delivery (including delivery charges and timescales)
Delivery charges are £5 with the exception of all orders over £50. Timescales for deliveries are between 3 to 5 working days
Please note that certain products and services may be subject to alternative delivery charges, restrictions and/or timescales. In particular:
- Alcohol: for alcohol, we operate a “Challenge 25” policy, which means the person collecting the order or receiving delivery of the order may be asked for valid photo identification if they look under 25.
Delivery will be only to a Gibraltar address. If no one is available at a residential or other address at the time of delivery, a note will be left to advise whether your order has been left in a safe place e.g. with a neighbour or returned to depot.
Free delivery applies within Gibraltar for clothing, home and beauty from marksandspencergibraltar.com for orders over £50 online in a single order delivered to a single address. The bag value is calculated inclusive of any other promotions.
All risk in the products you order (including risk of loss and/or damage to the products) shall pass to you when they are delivered to the delivery address specified in your order.
We shall be under no liability for any delay or failure to deliver products if the delay or failure is wholly or partly caused by circumstances beyond our control.
Payment - Purchases will be made in Pounds Sterling.
Where the supply of your product(s) or service(s) is delayed or prevented for reasons beyond our control (for example, material shortages, import delays or higher than anticipated demand) we will make every effort to keep you informed but shall be under no liability to you for such delay or failure.
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).
YOUR RIGHT TO CANCEL
If you are contracting with us as a consumer online or by phone, you have the right to cancel all or part of your contract at any time up to 14 calendar days after the day on which you receive the goods or services you ordered. This right to cancel does not apply to goods or services purchased in store. This statutory right is separate from our goodwill policy.
Any paid delivery charge will be included in your refund once we have received all (not part) of your order to the specified address below.
Exercising your right to cancel
To exercise your right of cancellation, you must inform us of your decision to cancel the contract in writing within 14 calendar days after the day on which you receive the goods or services you ordered, which you can do by filling in the parcel summary when you return your order.
You must take reasonable care of the goods while in your possession. You shall return any goods and hand them over to us in our store in Gibraltar.
Products should be returned in or with their original packaging in person. You are only liable for any diminished value of the goods resulting from the unnecessary handling of the goods in excess of what is necessary to establish the nature, characteristics and functioning of the goods.
You may return the goods to the address below:
Marks and Spencer Gibraltar
215B Main street
PO BOX 17
We will process your refund within 30 days of receipt of the products.
OUR GOODWILL POLICY
Our “goodwill” refund or exchange policy is offered on clothing and homeware when goods are returned ONLY in store at Marks and Spencer Gibraltar, 215B Main Street, with a valid parcel summary document and till receipt within 35 days of receipt of your goods. Our goodwill policy applies where there is no statutory right to a refund or exchange under the Regulations or otherwise. For a refund or exchange under our goodwill policy, items must be unused, returned in the original packaging and in a re-saleable condition.
For sale items purchased via our Website, we will be happy to exchange an item if you change your mind within 14 days of receipt of the goods. Our exchange policy on sale items is offered on clothing and homeware when goods are returned in store ONLY at Marks and Spencer Gibraltar, 215B Main Street, with a valid parcel summary document and till receipt within 14 days of receipt of your goods.
Our “goodwill” refund policy does not affect your statutory rights under the Regulations or other consumer legislation.
Exclusions from the goodwill policy
The following items are excluded from our "goodwill" returns policy:
Gift cards, beauty*, food, food gifts, earrings, wine, hampers, duvets*, pillows*, mattress protectors*, bra accessories*, swimwear*, toiletries*and any products with a seal where the seal is broken. These products can only be returned in accordance with your statutory rights (for example, if they are not fit for purpose or not as described).
*Please note that these products can only be returned under our goodwill policy if they are unopened and have the security or hygiene seal intact.
Damaged or incorrectly supplied products
You should check all products you receive against your order. If the products you receive are damaged or incorrectly supplied on delivery then you must note the details of any damage or error in supply on the delivery documentation or if you are unable to view the items on receipt, you must inform us (by post, phone or email only) within a reasonable period of time. You must return the products to us as soon as our store is fully open again once COVID 19 restrictions are lifted after informing us that the products are damaged or have been incorrectly supplied. We may offer you a replacement product and any refunds given by us will be made to the debit/credit card account provided when you placed your order and will be subject to our right to withhold amounts for products which are damaged on return.
YOUR STATUTORY RIGHTS
In addition to our goodwill policy, you also have statutory rights. In addition to the cancellation rights noted above, these include that the goods you purchase are of satisfactory quality, fit for purpose and as described. Within 35 days of the delivery at our Marks and Spencer Gibraltar store ONLY you may exercise the right to a refund if the product purchased is not of satisfactory quality, fit for purpose or as described. After the 35 day period, but within six months of the date of delivery and where the product is faulty, you are entitled to a repair or replacement or where that is not possible, or the repair/ replacement does not resolve the fault, a refund. After six months of the date of delivery, similar rights exist, but only if you can prove that the fault was present at the point of delivery.
The minimum and maximum activation amounts are as follows:
Gift Vouchers purchased online at marksandspencergibraltar.com
- Gift vouchers can be redeemed at M&S stores in Gibraltar and the United Kingdom,
- This voucher cannot be exchanged for cash. It can only be exchanged for *goods including foods, wine and for articles of a higher price than the face value on payment of the difference. (*excluding financial services or products.)
- If any item purchased with a gift voucher is subsequently exchanged for an item of a lower price or refunded, any money owing will be given back as a credit note.
Period of validity
- Gift vouchers have no expiry date.
- Should be treated as cash. M&S will not accept liability for lost, stolen or damaged vouchers.
- Cannot be returned or refunded, except in accordance with your statutory rights, for example in the event they are not of satisfactory quality.
PRODUCT AND SERVICE DESCRIPTIONS
We have taken reasonable precautions to try to ensure that prices quoted on the Website are correct and that all products have been fairly described. However, when ordering products or services through the Website, please note that:
- orders will only be accepted if there are no material errors in the description of the goods or services or their prices as advertised on this Website;
- all prices are displayed in pounds Sterling;
- packaging may vary from that shown on the Website;
- the weights, dimensions and capacities shown on the Website are approximate only;
- whilst we try to display the colours of our products accurately on the Website, the actual colours you see will depend on your monitor and we cannot guarantee that your monitor's display of any colour will accurately reflect the colour of the product on delivery;
- all items are subject to availability. We will inform you as soon as possible if the product(s) you have ordered are not available.
You agree that you will not use, sell or supply any product(s) purchased from M&S in an unlawful manner and, in particular, will comply with all export controls and sanctions rules.
There are certain liabilities which we cannot exclude by law and nothing in these General Terms and Conditions of Sale limits our liability for personal injury or death caused by our negligence or for fraud.
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. For further information about your statutory rights in Gibraltar, contact your local authority Trading Standards Department or Citizen’s Advice Bureau. 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 repair or 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 of Sale. We will not be liable to you if we are prevented or delayed from complying with our obligations under these General Terms and Conditions of Sale by anything you (or anyone acting on your behalf) does or fails to do or due to events which are beyond our reasonable control.
You must follow any advice we give you to keep products we supply to you safe (including any instructions or product manuals provided with the products). We cannot accept liability for damage to products we have supplied which is caused by your failure to follow this advice.
In any event we will not be liable for any losses related to any business of yours including (without limitation) lost data, lost profits, lost revenues or business interruption.
If you have a complaint about a store or the customer service you received in store, you are best to raise the complaint during your visit by speaking to a manager who can deal with it appropriately. You can ask any member of store colleague who will be happy to call the relevant manager.
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.
PART D: LEGAL TERMS
Exclusions of liability
We exclude all representations, warranties, conditions and terms (whether express or implied by statute, common law or otherwise) to the fullest extent permitted by law. We accept no liability for any losses or damages which are not reasonably foreseeable arising out of or in connection with these Terms and Conditions or your use of the Website.
These exclusions shall be governed by and construed in accordance with English law. If any provision of these disclaimers and exclusions shall be unlawful, void or for any reason unenforceable then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
Nothing in these Terms and Conditions shall exclude or limit our liability for personal injury or death caused by our negligence or for fraud. 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 e from time to time to comply with law or to meet our changing business requirements without notice to you. Any updates or amendments will be posted on the Website.
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 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 or shall affect our ability to subsequently exercise that right or remedy. Any waiver must be agreed by us in writing.
If any of these 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.
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 the laws of Gibraltar and any disputes shall be subject to the exclusive jurisdiction of the courts of Gibraltar. All contracts shall be concluded in English.
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.