Terms and Conditions
Updated on 25.09.19.
This page provides information about who we are and the legal terms and conditions that apply to your use of this website www.marksandspencersflowersubscription.com (the “Website”) and any flower subscription order you place with us. 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 http://marksandspencer.com.
To help you find the information you are looking for, we have divided these Terms and Conditions into 5 sections. These are:
| Part A: Information about Marks & Spencer. You can find out how to get in touch with us or view our registered company details below. |
| Part 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 below. |
| Part C: Website Terms. You can view the legal terms and conditions that apply when you access, browse and use this Website below. |
| Part D: Legal Terms. You can view the legal terms and conditions that apply to these Terms and Conditions below. |
| Part E: Privacy Policy. You can learn what personal information www.marksandspencersflowersubscription.com collects and uses about you when you access, browse and use this Website (including registering with this Website) and see what rights you have to control our use of your personal information below. |
PART A: INFORMATION ABOUT MARKS & SPENCER
This Website is controlled and operated by Marks and Spencer plc a company registered in England and Wales (company registration number 214436) whose registered office is at Waterside House, 35 North Wharf Road, London, W2 1NW. Our registered VAT number is 232 128892. Unless we say otherwise, we use the terms "M&S", "Marks & Spencer", "we" and "us" on this Website to refer to Marks and Spencer plc throughout the Website terms and conditions, which include the Terms and Conditions of Sale, Website Terms, Legal Terms and our Privacy Policy (“Terms and Conditions”).
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 by phone on 0333 014 3535 or by email at FlowerSubscription@customersupport.marksandspencer.com.
PART B: TERMS AND CONDITIONS OF SALE
These terms and conditions of sale ("Terms and Conditions of Sale") apply to any order you place through www.marksandspencersflowersubscription.com (the "Website"). These 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 or on the move. You must read these Terms and Conditions of Sale carefully. By placing an order through the Website, 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 through the Website.
· Placing your order
· Acceptance of your order
· Delivery and Collection
· Substitutions
· Cancellation
· Goodwill policy
· Damaged or incorrectly supplied products
· Products
· Complaints
· Legal Compliance
· Liability
Opening an account
In order to place an order, you will need to open an account with us which will require you to provide some compulsory personal information. Please see our privacy policy (www.marksandspencer.com/c/data-protection-policy) for more information on how your personal information will be used.
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 call us on 0333 014 3535 or email
Subscription flowers
Your purchase of flowers on this Website is done on the basis of purchasing a continuing subscription. This means that regular advance payments will automatically be made in recurring periods every week, every two weeks or every month (depending on the subscription cycle selected by you). Your contract and subscription will start when we have successfully received your first payment and have sent you a confirmation email.
All our flowers are sourced from sustainable farms and we guarantee freshness for 5 days.
You will have no ability to select the flowers that you will receive. The selection will be done by M&S and the selection will change on a weekly basis.
Price and continuing payments
During the checkout process, you will be asked to enter your payment details. All fields indicated as compulsory must be completed. Please note that we may collect and store your information, using an encrypted secure payment mechanism and will only use your information in accordance with our Privacy Policy (www.marksandspencer.com/c/data-protection-policy).
By completing your payment details, you confirm that the credit or debit card being used is yours. All card payments are subjected to authorisation by your card issuer. When your payment details have been authorised, you will see a confirmation on screen notifying you of this.
The advance cost for each set of flowers to be delivered in each subscription cycle is £20, inclusive of delivery charges.
We will process payment on the day of your order and your subscription will start when we send you a confirmation email that payment has been received. We will then continue to take recurring subscription payments on the same day of the week, fortnight or month that your subscription started, depending on your subscription cycle. [provide response[MS3]]
Please note that by submitting you card details as part of the subscription order, you are agreeing to a continuous payment authority, which enables M&S to take automatic payments on a recurring basis in accordance with the subscription cycle that you have selected. You may cancel or pause this continuous payment authority at any time (see information on pausing or cancelling your subscription below).
Please note that gift cards and e-gift cards are not accepted as a method of payment. Staff discounts will not apply.
You will not receive M&S loyalty points or M&S Sparks points for orders placed on this Website.
Placing your order
Before you submit your order, you will have the opportunity to review and confirm your order. This will allow you to correct any input errors 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 and payment.
Acceptance of your order
The placement of your order constitutes your offer to purchase products from us and the completion of the online checkout process does not mean that we have accepted your order. 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 is unable to obtain authorisation of your payment.
Our acceptance of your order will take place only when the first payment has been authorised by your card issuer and we have sent you an email confirming payment. You will receive an email when the order has been confirmed or declined. At any point up until then, we may decline your order for any reason.
Our contract with you will start from when you receive your first order confirmation email and last until your final delivery following your request to cancel your subscription.
Gifting
If you select a subscription as a gift, you will be asked when you wish the subscription to start. Confirmation of your subscription will be sent to you after completing checkout. The subscription start date selected during checkout will be the first subscription payment date. You will also have the option to choose a subscription that will continue until you cancel or a subscription that will last for the duration of 1,3,6 or 12 subscription cycles. The subscription cycle is the frequency you selected for your subscription, either weekly, fortnightly, or monthly.
Delivery
Delivery will be to the UK address that you have specified in your order. We reserve the right to restrict deliveries in certain areas, and this includes the right to exclude certain areas from our delivery schedule altogether. Furthermore, if your postcode begins with the following codes, we will unfortunately be unable to deliver to you (and any advance payment that we have taken will be refunded to you):
GY1-10, HS1-9, JE1-5, KW15-17, PA41-80, ZE1-3.
In most cases, your delivery will take place on Wednesdays between 7am and 7pm on a weekly, fortnightly or monthly basis, depending on your subscription cycle. However, if your postcode begins with the following codes, your order will be delivered on Thursdays:
AB36-38, AB55-56, FK17-21, IM, IV, KA27-28, KW0-14, PA20-40, PH15-99.
Your first delivery will take place on the first Wednesday or Thursday following receipt by us of your first subscription payment. If your order is placed after Monday 5pm, your first flower delivery will be on the following week. [when does billing[MS4] occur?]
Your delivery will be fulfilled by our trusted third party delivery partner. If no one is available at your specified address at the time of delivery, the driver will attempt to deliver to a neighbour or leave the item in a safe place, if a neighbour or safe place is not available, your order will be returned to our depot and we reserve the right to dispose of the perishable products without issuing a refund.
Risk
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 reasonable 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 that was within our reasonable control, our liability to you shall be limited to the value of the flower delivery to you that was affected (£20).
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.
Substitutions
All products are subject to availability, and in some cases, we may have to substitute all or part of a subscription flowers delivery if a product is unavailable. We will always substitute with product that is of equal or higher quality and of similar value.
You will always have the right to accept or reject any products that we substitute at the time of delivery. We will also offer you a full refund if you are unhappy with the substitution we have provided.
Cancelling your contract
The statutory rights in relation to cancellation and return under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 do not apply to perishable products such as flowers.
However, you can cancel your contract and subscription with us at any time. You can cancel by selecting ‘manage your subscription’ within your account settings.. You will receive a refund for any advance payments to your registered credit/debit card account between 5-10 working days after you confirm your subscription cancellation. However, if you cancel after 11:59pm on the Monday prior to the Wednesday or Thursday that you are due to receive a flower delivery, you will still receive that delivery and your cancellation will take effect after that final delivery. You will not be entitled to a refund for that final delivery. No further charges will apply following your cancellation.
Pausing your subscription
You can pause your subscription at any point by selecting ‘manage your subscription’ within your account settings. If you pause your subscription after a Monday at 11:59pm on the week a flower delivery is due, your subscription will be paused from the next subscription period..
Changing your subscription period frequency
You can only change the frequency of your subscription by calling us on 0333 014 3535 When you change the subscription cycle, it will take effect within 24 hours... If you are due to receive flowers that week and the change happens after a Monday 11:59pm (delivery cut-off), you will receive flowers due for that subscription period and not receive a refund.
Damages
If the products you receive are damaged on delivery, then please contact us so that we can arrange a free replacement or a refund. Any refunds given by us will be made to your registered debit/credit card account.
Product 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 through the Website, please note that:
- the 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;
- the subscription flower product is only offered on the Website and is not available in-store;
- all prices are displayed in pound 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.
Our flower products are guaranteed freshness for a minimum of 5 days from the day of the delivery.
Promotions
The packaging of the products do not imply any additional promotions or discounts beyond those outlined on the Website. You will be required to pay the total order price as specified on checkout of your order.
Complaints
If you have a complaint about a product, our Website or anything else, call us on 0333 014 3535 or email FlowerSubscription@customersupport.marksandspencer.com
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 retailcustomer.services@marks-and-spencer.com.
Legal Compliance
You agree that you will not use, sell or supply any product(s) purchased from M&S in an unlawful manner.
Liability
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 and it is our responsibility to supply you with goods that are consistent with your consumer rights. 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. If you have any concerns that we have not met our legal obligations, please contact us (contact details below).
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) do or fail 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.
PART C: WEBSITE TERMS
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.
All legal notices on this Website which relate to your use of the Website together with all applicable terms and conditions and our Privacy Policy govern your use of 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 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. Where the Website allows you to submit 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.
Where the Website enables user generated content, 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.
Password/account security
You are responsible for maintaining the confidentiality of your password and account and any activities that occur under your account. 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.
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.
Waiver
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.
Entire Agreement
These Terms and Conditions set out the entire agreement between you and us and supersede any and all prior terms, conditions, warranties and/or representations to the fullest extent permitted by law.
Severability
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.
PART E: PRIVACY POLICY
Our Privacy Policy explains what personal information we collect about you when you use the Website, and you can view our Privacy Policy at www.marksandspencer.com/c/data-protection-policy.