Terms and Conditions
This page provides information about who we are and the legal terms and conditions that may apply to your use of this website (www.madetomeasure-marksandspencer.com) (the “Website”) and any order you place with 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 details here|
|View our Terms and Conditions of Sale||B. Terms and Conditions of Sale: You can view the legal terms and conditions that apply to any product or service that you order from this Website here|
|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: TERMS AND CONDITIONS OF SALE
These terms and conditions of sale (“Terms and Conditions of Sale”) apply to any order you place for Made to Measure Curtains and Blinds through www.madetomeasure-marksandspencer.com (the “Website”), in-store or over the phone.
You must read these Terms and Conditions of Sale carefully. By placing an order through the Website, in-store or over the phone, you confirm that you have read, understood and agree to these Terms and Conditions of Sale in their entirety. If you do not agree to these Terms and Conditions of Sale in their entirety, you must not order any product.
- Prior to placing your order
- Price and Payment
- Placing your order
- Acceptance of your order
- Cancellation and Amendments
- Damaged or incorrectly supplied products
- Legal Compliance
THE ORDER PROCESS
Prior to placing your order
We strongly recommend that you order a free fabric sample to ensure colour and texture accuracy. Colour cannot always be truly represented due to variations in PC monitors.
It is essential that you check all of your measurements and that you have entered them correctly. It is your responsibility to ensure that the measurements are correct and have been entered correctly. Please note that measurements must be entered in centimetres.
Once processed, no changes can be made to the measurements.
Your order will be delivered to the address you have specified within 10 working days of placing your order. Your delivery will be fulfilled by our trusted third party delivery partner.
We can only deliver to the UK mainland, the Isle of Man and Northern Ireland.
Price and Payment
Please note that gift cards and e-gift cards are not accepted as a method of payment. Staff discount will not apply online, in store only.
Placing your order
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 prior to submission.
After you have placed your order, we will send you a confirmation email to your specified email address, which will contain details of your order.
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 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 Website but are not available, or are incorrectly priced or otherwise incorrectly described; or
- if M&S are unable to obtain authorisation of your payment.
Our acceptance of your order will take place only when we take payment from you. At any point up until then, we may decline your order for any reason.
Occasionally, the manufacture and/or delivery of your order may be delayed or postponed. We will, of course, make every effort to keep you informed and discuss revised delivery timescales.
Delivery will be to the UK address specified in your order. Your order will be delivered to your door and a signature will be required.
If no one is available at your specified address at the time of delivery, the delivery driver will try a neighbour as signature is required. If a signature cannot be obtained, your order will be returned to the depot. The driver will leave a card explaining where your parcel is and what to do next.
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.
Delays or Cancellation by M&S
Should adverse weather conditions or any other event outside our control result in a later or cancelled delivery, we will make every effort to keep you informed but shall be under no liability to you for such delay or cancellation. Should you incur any loss as a direct result of a delay, our liability to you shall be limited to the value of your order only.
If the fulfilment of an order (or any aspect of it) would be illegal or unlawful, M&S has the right to stop or cease to fulfil the order at any time, including after despatch of your order. You acknowledge that M&S shall incur no liability in such circumstances.
CANCELLATIONS OR AMENDMENTS
Your order is made specifically for you and so it is extremely important that you have checked the order thoroughly at the point of ordering. You cannot amend or cancel you order once you have clicked to confirm and pay. This does not affected your statutory rights. Full details of your rights are available from your local Citizens’ Advice Bureau or your Local Authority’s Trading Standards Office.
Our goodwill policy does not apply to orders placed via this Website. In the event of a conflict between these Terms and Conditions and any other terms and conditions, these Terms and Conditions shall apply.
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 through the Website, please note that:
- the weights, dimensions and capacities shown on the Website are approximate only and may be liable to change;
- packaging may vary from that shown on the Website;
- products shown may not be actual size;
- all prices are displayed in pounds Sterling inclusive of any VAT payable; and
- orders will only be accepted if there are no material errors in the description of the products or their prices as advertised on this Website.
We recommend you look after your product according to the care instructions provided. We will only give refunds in accordance with your statutory rights, for example if the goods are not fit for purpose or as described.
In the unlikely event that you have an issue with your order after delivery, we have a dedicated Customer Services team: Telephone number 0333 014 8404. Opening times: Monday – Friday 8am to 8pm, Saturday 8am to 5:30pm.
IMPORTANT – NEW SAFTEY REGULATIONS FOR BLINDS
If you have a complaint about a product, our Website or anything else, please use our customer service phone number, available on the contact us page of our Website.
In the unlikely event that we are unable to resolve a complaint with you directly, you have the right to refer the dispute to the EU’s Online Dispute Resolution Platform at http://ec.europa.eu/odr. If you decide to use this service, please use the following M&S email address when completing the form firstname.lastname@example.org.
You agree that you will not use, sell or supply any product(s) purchased from M&S in an unlawful manner.
There are certain liabilities which we cannot exclude by law and nothing in these 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. For further information about your statutory rights, contact your local authority Trading Standards Department or Citizen’s Advice Bureau. Nothing in these Terms and Conditions of Sale will affect these statutory rights and, in particular, we will perform our obligations under these Terms and Conditions of Sale with reasonable care and skill.
Any products we supply to you will be of satisfactory quality. If we deliver a product to you that is not of satisfactory quality, you can contact us for a replacement or repair 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 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 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.
The Website Terms apply to your use of the Website and to any order you place on the Website. The Website Terms 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 Website Terms 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 Website Terms in their entirety. If you do not agree to these Website Terms in their entirety, please do not use this Website.
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.
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 the UK
Except where otherwise specified on this Website, the materials on this Website are displayed solely for the purposes of promoting Marks & Spencer’s products and services available in the UK. Marks & Spencer will not accept orders for delivery or collection from locations outside of the UK.
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.
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.
Links to other websites
We have placed links on this Website to other websites we think you may want to visit. We do not vet these websites and do not have any control over their contents. Except where required by applicable law, M&S cannot accept any liability in respect of the use of these websites.
You are responsible for maintaining the confidentiality of your password and account and any activities that occur under your account. Marks & Spencer 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.
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.
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.
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.
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
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, whether by virtue of the Contracts (Rights of Third Parties) Act 1999 or otherwise.
No relaxation or delay by us in exercising any right or remedy under these Terms and Conditions shall operate as a 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.
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.
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.
Law, jurisdiction and language
Any matter that arise 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 England and Wales and subject to the exclusive jurisdiction of the courts of England and Wales. 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.