Terms and Conditions

ABOUT OUR TERMS AND CONDITIONS

This page provides information about who we are and the legal terms and conditions that may apply to your use of personalised.marksandspencer.com and any product or service you order from us.

To help you find the information you are looking for, we have divided these Terms and Conditions into 4 sections. These are:

View information about M&S Personalised

 A. Information about Marks & Spencer and M&S Personalised: You can find out how to get in touch with us or view our registered company details here

View our
Website Terms of Use

 B. Website Terms of Use: You can view the legal terms and conditions that apply when you access, browse and use personalised.marksandspencer.com here

View our
General Terms and Conditions of Sale

 C. General Terms and Conditions of Sale: You can view the legal terms and conditions that apply to any product or service that you order from personalised.marksandspencer.com here

View our
Privacy and Cookie Policy

 D. Privacy and Cookie Policy: You can learn what personal information personalised.marksandspencer.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 here

WEBSITE HELP

In addition to our legal terms and conditions, you may also find it helpful to visit the Help section of our website. Here you will find useful information on our delivery charges, delivery timescales and refund policy (as well as helpful information relevant to other questions you may have).

PART A: INFORMATION ABOUT M&S PERSONALISED

This Website is owned and operated by Marks and Spencer plc, a company registered in England and Wales (company registration 00214436) whose registered office is at Waterside House, 35 North Wharf Road, London, W2 1NW. Our registered VAT number is 232 128892. Marks & Spencer Personalised is a trading name of Marks and Spencer plc. Unless we say otherwise, we use the terms "M&S", "Marks & Spencer", “M&S Personalised”, “Marks & Spencer Personalised”, “Marks and Spencer Personalised”, "we" and "us" on this website to refer to Marks and Spencer plc throughout the website terms and conditions, which include the Website Terms of Use, Privacy & Cookie Policy and our General Terms and Conditions of Sale (“Website Terms”).

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 OF USE

The Website Terms apply to your use of the M&S Personalised website at personalised.marksandspencer.com (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 Personalised's products and services available in the UK. However Marks & Spencer Personalised may accept orders for UK delivery from locations outside of the UK subject to customs, legal, regulatory and certain practical restrictions. Those who choose to access this Website from locations outside the UK or place orders for UK delivery from locations outside the UK are responsible for compliance with local laws if and to the extent local laws are applicable.

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, and any text and photos used in the personalisation of cards and/or gifts), 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.

Uploading text or photos to our Website to be used in Product Personalisation

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 to be used in Product Personalisation 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 digital 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.

Facebook has separate terms and conditions to the M&S Personalised website terms and conditions. Please read these before uploading photos using our Facebook Photo Uploader. Facebook is not responsible or liable for the quality of any photographs uploaded for the purposes of creating any personalised card and/or gift.

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.

See also: Rules for Submission

GUIDELINES PRODUCT REVIEWS

Please read and understand the below before posting a product review or any other user generated content on our Website or social media sites.

Ownership of Submissions

Other than personal data (which is subject to our Privacy and Cookie Policy) and any text or photos used in the personalisation of cards and/or gifts (see Uploading text or photos to our Website to be used in Product Personalisation ) all other comments, 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.

Social networking sites

These terms also govern any Submissions you make on any M&S related third party website or page such as our Facebook page, Twitter, Pinterest, YouTube or social networking site. All comments, images, videos and any other type of material posted on any third party social networking site do not necessarily reflect the opinions or ideas of M&S or its employees and M&S is not responsible for any such content. In any event, all material posted on any third party social networking site must comply with these terms and the third party social networking sites’ Terms of Use, as applicable.

Intellectual Property Rights

A disclosure, submission or offer of any Submissions and your agreement to these terms and conditions 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 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 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.

Confidentiality

Other than text and photos uploaded to the Website for use in Product Personalisation, 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 and only write in English (or the applicable language for the M&S Website on which you are posting a submission). 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:

  • 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 trade marks
  • HTML code, computer script or website URLs
  • availability, price or alternative ordering or delivery information
  • information about M&S suppliers or manufacturers

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 relate to seasonal products which are no longer in season.

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.

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.

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 Website Terms or your use of 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. 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.

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 Website Terms shall exclude or limit our liability for personal injury or death caused by our negligence. In addition, these Website Terms 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 Website Terms govern your use of this Website.

Third party rights

Only you and M&S shall be entitled to enforce these Website Terms. No third party shall be entitled to enforce any of these Website Terms, whether by virtue of the Contracts (Rights of Third Parties) Act 1999 or otherwise.

Entire Agreement

These Website Terms 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 matters 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 Website Terms

We reserve the right to change and update these Website Terms from time to time and recommend that you revisit this page regularly to keep informed of the current Website Terms 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 Website Terms.

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 personalised.marksandspencer.com (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.

Opening an Account and Placing an Order

When placing an order with us you need to open an account with us and provide us with some compulsory personal information.

Please see our Privacy and Cookie 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 contact us.

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. Our acceptance of your order will take place only when we despatch the product(s) or commencement of the services that you ordered from us.

We will notify you by email as soon as possible to acknowledge that we have received and are processing your order. The duration of our contract with you will start from when you order and we take payment and dispatch the products, until the last day of your right to cancel.

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.

Payment

During the checkout process, you will be asked to enter your payment details. By completing your payment details you confirm that the credit or debit card being used is yours. 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 and Cookie Policy.

All card payments are subject to authorisation by your card issuer. We take payment immediately for most products. All products ordered will remain the property of M&S until we have delivered the products to the address specified by you. If your payment is not received and you have already received the products you ordered from us, you must pay for 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.

You can pay with any Visa, Visa Debit, MasterCard, Maestro or Electron. 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. Payments for products will be itemised on your bank statements as showing payment to M&S Personalised eCommerce GBR.

The purchase on our website will be made in pounds Sterling. International credit card providers or banks will determine the exchange rate and may add an additional processing or administration charge in relation to such payment which holders of international credit cards will be liable to pay.

Delivery and Collection (including delivery charges and timescales)

Delivery charges and timescales vary depending on the type of products ordered, the service you select and the delivery address. You’ll find full details of our delivery charges here.

Delivery will be made to the UK address specified by you. We will make reasonable endeavours to despatch 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 date of despatch up to 12 months in advance. All card orders will be delivered by Royal Mail (or other commercial carrier at our discretion).

Orders of more than 10 cards will be despatched within 2 working days by courier or first class post.

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.

In the UK, delivery charge refunds can only be made in accordance with your legal rights under the Consumer Protection (Distance Selling) Regulations 2000 and other applicable legislation. For further information about your legal rights see Your Right to Cancel section below and contact your local authority Trading Standards department or consumer advice centre (for example the Citizen’s Advice Bureau for UK customers).

Collection from Store

Collection from Store is not currently offered on products ordered from personalised.marksandspencer.com

International Delivery

International Delivery is not currently offered on products ordered from personalised.marksandspencer.com

Delays

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

As all items ordered at personalised.marksandspencer.com are custom-produced, once production of the product(s) in your order has commenced, we’re unable to make any changes.

However, if you would like to make changes to your order and production of the products therein has not yet commenced we will of course endeavour to assist. Please contact us at your earliest opportunity to confirm if this will be possible.

Your right to cancel

By law, we are not obliged to offer order cancellation rights on Personalised cards and gift products, which are custom-produced and therefore can’t be resold.

However, if you would like to cancel your order and production of the products therein has not yet commenced we will of course endeavour to assist. Please contact us at your earliest opportunity to confirm if this will be possible.

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 email 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.

If you have received a defective product, and need to organise a replacement, please contact us.

Defective products cannot be returned to or replaced at M&S Stores.

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 inclusive of UK VAT where applicable unless expressly indicated otherwise
  • 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 or display device 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) or service(s) you have ordered are not available and we may offer alternative product(s) or service(s) of equal or higher quality and value.

Other M&S services

M&S has partnered with certain trusted third parties to make available certain additional services and third party products and services to you. Each third party microsite has its own terms and conditions and privacy policy. We may also place links on this Website to other websites. 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.

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 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 Website Terms or your use of the Website.

Assignment, waiver and third party rights

We may update or amend these General Terms and Conditions of Sale 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 General Terms and Conditions of Sale to any third party unless we agree in writing.

We may assign, transfer or sub-contract any of our rights or obligations under these General Terms and Conditions of Sale to any third party at our discretion.

No relaxation or delay by us in exercising any right or remedy under these General Terms and Conditions of Sale 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 General Terms and Conditions of Sale are found to be illegal, invalid or unenforceable by any court of competent jurisdiction, the rest of these General Terms and Conditions of Sale shall remain in full force and effect.

Only you and we shall be entitled to enforce these Terms of Sale. No third party shall be entitled to enforce any of these Terms of Sale, whether by virtue of the Contracts (Rights of Third Parties) Act 1999 or otherwise.

These General Terms and Conditions of Sale 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.

PART D: Privacy and Cookie Policy

Our Privacy and Cookie Policy explains what personal information we collect about you when you use the Website, and you can view our Privacy and Cookie Policy here. You can also read about M&S’ accessibility policy here. Please note that when you agree to these Website Terms you shall be deemed also to have read, understood and agreed to our Privacy and Cookie Policy in its entirety.

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This name will be used for all your reviews from your account. For privacy reasons, please don't use your real name.
We recommend that we send you an email reminder 6 days before the event. This will give you enough time to browse our site, personalise a card and choose an appropriate despatch date. All cards are sent by 1st class Royal Mail which is a 1-3 working day delivery service.
Despatch Date
The day we post out your item(s) is classed as the despatch date. This is NOT the day it will be delivered.
All items ordered before 2pm Monday to Friday are despatched the same day, unless you've selected a later date. Please see the table below for further information.

Delivery Information
Order Placed Despatch Day
Before 2pm Monday to Friday Same Day
After 2pm Monday to Thursday The following day
After 2pm Friday The following Monday
Anytime Saturday and Sunday The following Monday
Bank Holidays The following working day


Royal Mail state that 93% of 1st Class mail is delivered the next working day (including Saturdays). In our experience most deliveries arrive within 3 working days following despatch.

Be sure to choose a despatch date allowing adequate time for delivery in order to avoid disappointment.

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