Please read these website terms of use ("Terms of Use") carefully as they set out the terms under which you may use the marksandspencerpersonalised.com website (the "Website"). This Website is owned by Marks and Spencer p.l.c, a company registered in England and Wales (company registration 00214436) whose registered offices are at Waterside House, 35 North Wharf Road, London, W2 1NW ("we" and "us"; and "our" shall be construed accordingly).

These Terms of Use should be read alongside, and are in addition to, our privacy policy (“Privacy Policy”) and our Terms and Conditions of Sale (“Product Terms”).

We recommend that you print off and keep a copy of these Terms of Use for your future reference. By using this Website, you agree that you have read, understood and agree to these Terms of Use, the Privacy Policy and the Product Terms in their entirety (including as amended from time to time). If you do not agree to these Terms of Use, you must stop using this Website immediately.

If you have any questions about these Terms of Use or wish to contact us for any other reason, please contact us using any of the contact details specified on our Contact Us page.

Your obligations when using this Website

By using this Website, you confirm that you are aged 18 or over and are a resident of the United Kingdom. If you are not, you must not use this Website.

You agree to use this Website only for lawful purposes and in a way which does not infringe the rights of any anyone else or restrict or inhibit anyone else's use and enjoyment of this Website.

You may download and print content from this Website solely for your own personal use. However, you must not copy, use or otherwise deal with Website content for any other reason. You must not modify or redistribute the content of this Website or reproduce, link, frame or deep-link it on any other website without our express written permission. You are not entitled to use the content of this Website for commercial exploitation in any circumstances.

Accessing our Website

Access to our Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our Website without notice. We will not be liable if for any reason our Website is unavailable at any time or for any period.
From time to time, we may restrict access to some parts of our Website, or our entire Website, to users who have registered with us.

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms of Use.

You are responsible for making all arrangements necessary for you to have access to our Website. You are also responsible for ensuring that all persons who access our Website through your internet connection are aware of these Terms of Use, and that they comply with them.

Third Party Software

As a convenience to our users, we may make third party software available via this Website. To use the third party software, you must agree to the terms and conditions imposed by the third party provider and the agreement to use such software will be solely between you and the third party provider.

We do not guarantee that any software downloaded via this Website will be free from viruses or other forms of malicious code. We make no representations or warranties concerning the performance, effectiveness or any other aspect of any third-party software downloaded via this Website. In no event shall we be liable for claims of any nature arising from or related to any third party software downloaded via this Website

Product Terms

You acknowledge and agree that, in addition to these Terms of Use, the Product Terms apply to any transaction you make through this Website. By ordering any products or services through this Website, you agree that you have read, understood and agree to our Product Terms in their entirety (including as amended from time to time).

Website content

We own or are licensed to use all present and future copyright, registered and unregistered trade marks, design rights, unregistered designs, database rights and all other present and future intellectual property rights and rights in the nature of intellectual property rights existing in or in relation to this Website and its content ("IPR").

If any IPR vests in you, whether by operation of law or otherwise, you hereby assign to us all right, title and interest (whether legal or beneficial) in such IPR throughout the world absolutely to the fullest extent possible, including any and all renewals and extensions of such IPR. You unconditionally and irrevocably waive any and all moral rights you may have either now or in the future existing in or in relation to this Website.

You agree to execute all such deeds and documents, and do such acts and things as we may reasonably require in order to assign any IPR to us, to carry out the intended purpose of these Terms of Use, or to establish, perfect, preserve or enforce our rights under these Terms of Use.

Uploading Material to our Website

Whenever you make use of a feature that allows you to upload or otherwise submit material to our Website, you must comply with the content standards set out below. You warrant that any such contribution does comply with those standards, and you indemnify us for any breach of that warranty.

You hereby grant us and our agents and subcontractors a perpetual, worldwide, non-exclusive right to copy, display, modify, transmit, make derivative works of and distribute any content transmitted or provided to us by you, solely for the purpose of fulfilling your product orders.

You remain the owner of all content that you submit to this Website and as a condition of use, you represent and warrant to us that you are the owner of the copyright to such content or that you have written permission from the copyright owner to submit such content.

We have the right to remove any material you submit to our Website if, in our opinion, such material does not comply with the content standards set out below.

We will use reasonable efforts to store any digitial photos that you upload to our Website, subject to your active participation i.e. your purchasing products via this Website at least once every 365 days. If you do not purchase any products during such period, we may remove and discard any photos or material submitted by you. You should retain copies of all material and photos you submit, as we accept no liability for their loss or destruction at any time.

Content Standards

You must not upload or submit any photos, text or other works which:

• are obscene, sexually explicit, offensive, defamatory, hateful or inflammatory;
• promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
• infringe any copyright or trade mark of any other person, or which would breach any legal duty owed to a third party, such as a duty of confidence;
• promote any illegal activity or violence;
• are threatening, abusive or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;
• are likely to harass, upset, embarrass, or alarm any other person; or
• contain computer viruses or other malicious programs.

Our liability to you

All representations, warranties, conditions and terms express or implied by statute, common law, equity, custom or otherwise are expressly excluded to the fullest extent permitted by law. We shall not be liable for any special, indirect, incidental, consequential or economic loss (including loss of profits, loss of opportunity and loss of business) howsoever caused arising out of or in connection with these Terms of Use or your use of this Website.

We provide the content on this Website in good faith but give no warranty or representation that the content is accurate, complete or up-to-date, nor that this Website does not infringe the rights of any third party. Except as permitted under the Product Terms, we accept no responsibility or liability for your use of content on this Website and such use is entirely at your own risk. While we take reasonable precautions to prevent the existence of computer viruses and/or other malicious programs on this Website, we cannot accept any liability for them.

Information transmitted via this Website will pass over public telecommunications networks. We make no representation or warranty that the operation of this Website will be uninterrupted or error free and disclaim all liability in respect thereof.
This Website may contain links to other websites. We accept no responsibility or liability for any material supplied by or contained on any third party website which is linked from or to this Website, or any use of personal data by such third party.

Any claim arising out of or related to use of this Website must be filed within two (2)years from the date on which the claim or cause of action was discovered or reasonably could have been discovered, failing which such claim or cause of action shall be forever barred.
Nothing in these Terms of Use shall exclude or limit our liability for personal injury or death or for any other liability the limitation or exclusion of which is prohibited by law.

Amendments to these Terms of Use

We may update or amend these Terms of Use 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 this Website. By continuing to use this Website, you agree to be bound by the terms of these updates and amendments
These Terms of Use were last updated on 3rd September.

Other important terms

If any of these Terms of Use are found to be illegal, invalid or unenforceable by any court of competent jurisdiction, the rest of these Terms of Use shall remain in full force and effect.
Only you and we shall be entitled to enforce these Terms of Use. No third party shall be entitled to enforce any of these Terms of Use, whether by virtue of the Contracts (Rights of Third Parties) Act 1999 or otherwise. These Terms of Use 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.
These Terms of Use are governed by English law. In the event of any matter or dispute arising out of or in connection with these Terms of Use, you and we shall submit to the exclusive jurisdiction of the English courts.

Service Availability

Our Website is only intended for use by people resident in the United Kingdom.  We do not accept orders from individuals outside the UK. By placing an order through our Website, you warrant that you are legally capable of entering into binding contracts; you are at least 18 years old; and you are resident in, and are accessing our Website from, the United Kindom.

Prices

The prices payable for the items that you order are clearly set out on this Website. All prices are expressed inclusive of any VAT payable. Prices can change and we always bring you the latest prices as quickly as possible.

Availability

If for any reason beyond our reasonable control, we are unable to supply a particular item, we will notify you as soon as possible. We will contact you to confirm that you are happy to proceed with the order and agree to wait for the product(s). If you are happy to proceed, payment will be taken for out of stock products to secure stock.

Contract

There will be no contract of any kind between you and us until payment for your goods is authorised by your bank or credit card issuer. At any point up until then, we may decline to supply the goods to you without giving any reason. At the moment that payment for the goods is authorised (and not before) a contract will be made between you and us ("Contract"). Authority for payment must be given at the time of the order. Payment for your order will be taken once stock availability has been confirmed. If for any reason the goods cannot be supplied then payment will be refunded in full within 30 days from cancellation of the sale in compliance with distance selling legislation.

Delivery

Delivery will be made to the UK address specified by you. We will make reasonable endeavours to dispatch orders received before 2pm on the same day: orders received after 2pm on the following day; and orders received after 2pm on Friday to Sunday inclusive (or on public holidays) on the next working day. Customers may also select the day of delivery upto 3 months in advance. All orders will be delivered by Royal Mail (or other commercial carrier at our discretion).

Returns

We are unable to accept returns, or provide refunds, in respect of personalised products, unless the product is defective or we are otherwise in breach of our agreement with you and are obliged to do so.

To obtain a refund you must return the product(s) to us in the same condition in which you received them. We will examine the returned product(s) and will notify you of your refund via e-mail within a reasonable period of time.  We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund for the defective product. Products returned by you because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to you and the reasonable cost incurred by you in returning the item to us. 

We will usually refund any money received from you using the same method originally used by you to pay for your purchase.

Payment & Security

You can pay with any Visa, MasterCard, American Express, Maestro or Delta card. Your payment card details will be encrypted to minimise the possibility of unauthorised access or disclosure. Authority for payment must be given at the time of order. It may be necessary to re-confirm your security number for data protection reasons. Payment will be taken for out of stock product(s) to secure stock, only if you are happy to proceed with the order and agree to wait for the product(s). Payments for products will be itemised on your bank statements as showing payment to M&S eCommerce GBR.

Liability

To the fullest extent permitted by applicable law, our liability to you in respect of an order shall be limited to the value of that order, and we shall not be liable to you for any indirect, consequential, special or punitive loss, harm or damage (including economic loss, loss of profit, loss of revenue, loss of business, wasted expenditure or depletion of goodwill) whatsoever or howsoever caused, including, without limitation, as a result of our negligence. For the avoidance of doubt nothing in these terms and conditions excludes our liability in respect of death or personal injury caused by our negligence; under section 2(3) of the Consumer Protection Act 1987; or for fraud or fraudulent misrepresentation.

We use Internet standard encryption technology to protect your data when you transmit it to us. When you use your credit card, all your data is encrypted and held on a Secure Socket Layer (SSL) server. We are constantly updating our technology to provide you with the maximum practicable level of security. To check that you are in a secure area of our Website look at the bottom right of your internet browser and you will see a closed padlock or an unbroken key.
If using a public computer or terminal, always close the browser when you complete an online session.

We will never ask you to confirm any account or credit card details via email and if you receive an email claiming to be from marksandspencerpersonalised.com asking you to do so then please ignore it and do not respond.

Except as expressly set out in these Terms and Conditions, all implied warranties and representations (whether implied by statute, custom, common law or otherwise) are excluded to the fullest extent permitted by law.

Written Communications

Applicable laws require that some of the information or communications we send to you should be in writing.  When using our Website, you accept that communication with us will be mainly electronic.  We will contact you by e-mail or provide you with information by posting notices on our Website.  For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.  This condition does not affect your statutory rights.

Our Right to Vary these Terms and Conditions

We have the right to revise and amend these Terms and Conditions from time to time. You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these Terms and Conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these Terms and Conditions before we send you the dispatch confirmation (in which case we have the right to assume that you have accepted the change to the Terms and Conditions, unless you notify us to the contrary within 7 working days of receipt by you of the products.

General

The Contract between you and us is binding on you and us and on our respective successors and assigns. You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent. We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control ("Force Majeure Event"). Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.

No failure or delay by us to exercise any right or remedy provided under a Contract or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.

These Terms and Conditions and any document expressly referred to in them represent the entire agreement between you and us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing. You and we both acknowledge that, in entering into any Contract, you and we have not relied on, and shall have no right or remedy in respect of, any statement, representation, assurance or warranty (whether made negligently or innocently) other than as expressly set out in these Terms and Conditions (and any document expressly refered to herein). Nothing in this clause shall limit or exclude any liability for fraud.

These Terms and Conditions shall be governed by and construed in accordance with the laws of England and Wales and any disputes will be decided only by the English courts. If any of these Terms and Conditions are held by any court of competent authority to be unlawful, invalid or unenforceable, in whole or in part, this will not affect the validity of the remaining Terms and Conditions which will continue to be valid and enforceable to the fullest extent permitted by law. Only you and we shall be permitted to enforce these Terms and Conditions.

Customer services

If you have an order query, please email us at customer.services@marksandspencerpersonalised.com. You can call us on 0845 373 4099 from Monday to Friday between 8am and 8pm; on Saturday from 9am to 6pm; or on Sunday from 10am to 4pm. Please note telephone calls may be recorded for training and quality purposes. Alternatively you can write to us at the following address: