M&S Corporate Gifts Terms and Conditions
Any company, partnership, individual or other legal entity (“you”) purchasing Christmas hampers, food gifts and gift cards (including e-gift cards) (together the “Products“) from Marks and Spencer plc does so subject to these terms and conditions. Marks and Spencer plc is 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“, “our” and “us” to refer to Marks and Spencer plc throughout these terms and conditions.
- If we have opened a credit account for you, we will despatch Products ordered to you as soon as reasonably possible after we receive your order.
- If we have not opened a credit account for you, we will despatch Products ordered upon receipt of payment in full for the Products ordered in cleared funds. For payments by cheque, cleared funds means 10 days after the cheque has cleared.
- While we shall use reasonable endeavours to deliver any Products ordered by you as soon as reasonably possible, if we receive a number of large orders at or around the same time, this may delay delivery.
- Risk in the Products purchased will remain with us until the Products are delivered to you, at which point risk shall pass to you. Title in the Products will remain with us until you pay for the Products in full. If you sell or transfer any Product to any third party, you must make clear to the recipient that title remains vested in Marks and Spencer plc until we have been paid in full.
- Occasionally our delivery to you may be affected by an Event Outside Our Control. See clause 11 (Events outside our control) for our responsibilities when this happens.
- We reserve the right to refuse any order at any time and for any reason, without the need to state the reason for any such refusal.
- We do not deliver to addresses outside the UK.
- You may place an order for Products from outside the UK, but this order must be for delivery to an address in the UK.
- If we have opened a credit account for you, we will send you an invoice for the Products you have ordered within 2 days of receiving your order. You must settle all invoices within 28 days of the date of the invoice.
- If you are late in paying any overdue invoices:
a. you will forfeit any discount that we have previously agreed to give you, which will then become payable by you;
b. interest from the due date until and including the date of actual payment, accruing on a daily basis, at the rate of 4% per annum above the base rate for the time being of Barclays Bank plc will be levied on all amounts which have not been settled within 28 days of the invoice date;
c. we will suspend your account until payment has been received in full, which means that you will not be able to order any more Products from us until you have settled your account in full; and
d. we may suspend any outstanding balances left on any gift cards you have ordered from us until payment has been made in full.
- The prices of the Products will be as quoted on our site at the time you submit your order. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system.
- Prices for our Products may change from time to time, but changes will not affect any order you have already placed.
3. Loading of Physical Gift Cards
- Marks & Spencer will despatch unloaded physical gift cards to the nominated address requested in your order. Upon receipt of the gift cards it is your responsibility to inform us that the gift cards have arrived so that we can activate and load value onto the gift cards. You need to inform us by sending an email stating your order number to MandSforBusiness.CardActivation@marks-and-spencer.com. Upon receipt of the email we will load the applicable value onto the gift cards as soon as reasonably possible and in any event within two business days of receipt of your email.
4. Use of M&S E-Gift Card Platform
- Should you choose to purchase e-gift cards which you require us to send directly to the recipient, it is your responsibility to ensure that you input the correct email address to which the e-gift card should be sent. No refunds will be made if the email address you have entered is incorrect and M&S will not be liable for any losses as a result of the incorrect email address being provided to M&S.
- Should you suspect that an e-gift card has been sent to the incorrect email address, please inform us immediately.
5. Use of M&S Brand
- You may not use any product image, corporate title, designation, service mark, trade mark or any other trading name or style of Marks & Spencer (“M&S Brand”) without having first obtained our consent in writing. You may not despatch any gift cards to any third party if we have not previously approved any document incorporating the M&S Brand in writing. We may withdraw any consent or approval referred to in this clause at any time by notifying you of such withdrawal.
- If you receive Products and there are any discrepancies in the Products delivered as against your order, you must notify M&S within 3 days of receiving the Products otherwise you are deemed to have accepted the order as correct. If you have paid by cheque, you should notify us within 15 days of placing your order.
7. Terms Governing the Gift Cards
- You may not sell the gift cards to any third parties without our consent. If we do give our consent then such consent may be subject to any conditions which we impose. In any event you may not sell the gift cards through the internet without our express written consent, which you must obtain before making any such sale. We reserve the right at all times to refuse to permit any sale of gift cards by you to a third party.
- You may change your order if we have not yet despatched it. However once we have despatched your order you may not change it. If you do make a change to your order this may result in a delay in despatch.
- The terms governing the use of the gift cards themselves are available here.
- If for any reason we suspect, acting reasonably, that the gift cards are being used or purchased fraudulently we reserve the right at any time to deactivate the gift cards without any liability to you. We will inform you that the gift cards have been deactivated as soon as reasonably possible. We will require your co-operation to evidence that there has been no fraudulent activity before the gift cards are re-activated.
8. Data Protection
- We are a registered data controller under the Data Protection Act 1998. To the extent that we capture personal data when fulfilling your order to you we will process data in accordance with these terms and conditions and applicable data protection laws.
- We never make personal details available to other companies for marketing purposes other than for the marketing of our branded products and services. We (and our representatives) may hold personal details in order to process your order and/or maintain your account.
- The Marks & Spencer Group (and our representatives who supply Marks & Spencer branded goods and services, including gift cards) may, where permitted under applicable laws, also use your details to send you further information on Marks & Spencer branded products and services, to keep you up-to-date on goods, services, new collections and promotional offers you may be interested in or for research purposes. If you prefer not to receive such information or be a part of such research, please email CGV@marks-and-spencer.com.
- Without limiting any of our other rights, we may suspend the supply or delivery of the Products to you, de-activate any gift cards which have not been paid for by you, or terminate our contract with you with immediate effect if:a. you fail to pay any amount due under our contract with you on the due date for payment;
b. you take any step or action in connection with you entering administration, provisional liquidation or any composition or arrangement with your creditors (other than in relation to a solvent restructuring), being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of your assets or ceasing to carry on business, (being an individual) you are made bankrupt or, if the step or action is taken in another jurisdiction, in connection with any analogous procedure in the relevant jurisdiction;
c. you suspend, threaten to suspend, cease or threaten to cease to carry on all or a substantial part of your business; or
d. your financial position deteriorates to such an extent that in our opinion your capability to adequately fulfil your obligations under this contract has been placed in jeopardy.
- Unless otherwise agreed with you in writing, we only supply the Products for internal use by your business, and you agree not to use the Products for any resale purposes.
- Nothing in this contract limits or excludes a party’s liability for:a. death or personal injury caused by our negligence;
b. fraud or fraudulent misrepresentation;
c. breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
d. any other liability that cannot be limited or excluded by law.
- Subject to clause 10.2, we will under no circumstances be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with this contract for:a. any indirect or consequential loss, cost or damage you suffer;
b. any loss of profits, loss of business, loss of revenue, loss of data or loss of goodwill; or
c. any liability for damage to any Products we have supplied caused by your failure to follow any instructions provided to you pursuant to clause 10.6.
- Subject to clause 10.2, our total liability to you for all losses arising under or in connection with you ordering Products from us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, will in no circumstances exceed 100% of the value of Products which you ordered from us.
- Except as expressly stated in this contract, we do not give any representations, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into this contract by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.
- You must follow any instructions we give you in relation to storage of the Products (including any instructions or product manuals provided with the Products).
- Subject to clause 10.6, if we deliver any Products to you that are not of satisfactory quality, you can contact us for a replacement or, where this is not possible, for a refund.
11. Events Outside Our Control
- We will not be liable to you if we are prevented or delayed from complying with our obligations under these terms and conditions by anything you (or anyone acting on your behalf) does or fails to do (including for example a failure to inform us to activate the gift cards) or due to events which are beyond our reasonable control (an “Event Outside Our Control“).
- If an Event Outside Our Control takes place that affects the performance of our obligations under this contract:
a. we will, save where the Event Outside Our Control is caused by you or anyone acting on your behalf, contact you as soon as reasonably possible to notify you; and
b. our obligations under this contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
- You may cancel our contract with you if it is affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will refund the price you have paid, including any delivery charges.
12. Product Information
- Please note, the products contained in Christmas hampers and gifts may contain nuts, sesame or other allergenic ingredients.
- All contents have been fairly described and photographic props such as plates, glasses, cutlery and other utensils are not included in any sale unless expressly stated.
- In the event of supply difficulties in respect of any element of the Products, we reserve the right to substitute goods and packaging of equal quality and value.
- Wine vintages and labels may vary from those shown.
- All Products are subject to availability.
- The images of the Products are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflect the colour of the Products. The colour of your Products may vary slightly from those images.
- Although we have made every effort to be as accurate as possible, all sizes, weights, capacities, dimensions and measurements indicated are approximate only and may differ from that shown.
- The packaging of your Products may vary from the images shown.
- 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.
- No relaxation or delay by us in exercising any right or remedy under these terms and conditions 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.
- 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.
- 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.
- These terms and conditions are governed by the laws of England and Wales and any disputes shall be subject to the exclusive jurisdiction of the courts of England and Wales.
Delivery and Discount info
All orders are made subject to the M&S Corporate Gifts Terms and Conditions which can be found at http://marksandspencerforbusiness.com/terms-conditions/.
All hamper, food and drink gifts are delivered free of charge on a date of your choosing. The specific delivery slots are available between 31 October and 22 December 2017 to UK addresses. UK addresses include the Scottish Highlands and Islands, Isle of Man, Isle of Wight, Northern Ireland and Scilly Isles. We are unable to deliver to BFPO Boxes, PO Boxes, the Channel Islands or overseas. For the Scottish Highlands and Islands you cannot select next day delivery. Last orders must be received by 15 December for delivery by 22 December 2017.
Please note that the last delivery date of 22 December applies to most UK mainland addresses only and all orders are subject to availability. Payment must be cleared before we can process the order and assign a delivery date. Our Gluten Free Hamper is not available for delivery until 13 December.
Gift cards are delivered free of charge to a single address within 48 hours of your order being processed. Payment must be cleared for an order to be processed.
PLACING AN ORDER & DISCOUNTS
If you wish to place an order, please contact us on 0333 014 8444.
Hampers, food and drink gifts
Early Bird Discount
All orders over £1,000 placed and paid for by 22 November 2017 will get a fantastic 10% discount.
5% on orders over £1,000
7.5% on orders over £5,000
10% on orders over £10,000
Gift card and e-gift cards
£2,500 – £50,000 2.5%