WEBSITE TERMS & CONDITIONS

Updated on February 06 2024.


 

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 marksandspencerme.com/en-kw whether as a registered user or as a guest 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 5 sections. These are:

 

View information about M&S A. Information about Marks & Spencer:
You can find out how to get in touch with us or view our registered company details here
View our 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 marksandspencerme.com/en-kw here
View our Legal Terms D. Legal Terms:
You can view the legal terms and conditions that apply to these Terms and Conditions.
View our Privacy and Cookie Policy E. Privacy and Cookie Policy:
You can learn what personal information marksandspencer.com/ae 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
 

Please read these Terms and Conditions and the Privacy and Cookie Policy carefully before you start to use the Website.

WEBSITE HELP

In addition to these 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 returns policy, as well as helpful information relevant to other questions you may have.

 

PART A: INFORMATION ABOUT MARKS & SPENCER

This website is owned and powered Al Futtaim Kuwait for Central Markets W.L.L, a limited liability company incorporated in Kuwait having its registered office at Salmiya, Salem Al Mubarak street, Block 2, The view tower., with registration number 340027 which uses the trade name " Marks & Spencer". Unless we say otherwise, we use the terms "M&S", "Marks & Spencer", "we" and "us" on this website to refer to Al Futtaim Kuwait for Central Markets W.L.L throughout the website terms and conditions, which include the Website Terms, our General Terms and Conditions of Sale, our Legal Terms and our Privacy and Cookie Policy ("Terms and Conditions").

Aramex is our fulfilment partner and will be the company that we contract with for any delivery services from M&S For full details of our returns and refunds policy, please go to Part C of our 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), or if you want to file a claim regarding an order or delivery, then please contact us.

PART B: WEBSITE TERMS

The Terms and Conditions apply to your use of the M&S website at marksandspencerme.com/en-kw and to any order you place on the Website. The Terms and Conditions 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 or on the move. You must read these Terms and Conditions carefully, and we recommend that you download or 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 Terms and Conditions in their entirety. If you do not agree to these Terms and Conditions 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.

OWNERSHIP OF RIGHTS

All rights, including copyright, know how, moral rights and other intellectual property rights over all material and content including (but not limited to) text, images, web pages, sound, software, software code, interfaces, website structure and videos, in and to this Website are owned by or licensed to M&S unless otherwise indicated.

Your use of the Website and its contents grants no rights to you in relation to our intellectual property rights, our other exclusive rights or those rights of third parties in either the Website or its contents.

By submitting information (other than your personal data), text, photos, graphics or other content to the Website you confirm that you have the right to use the same and grant us a right to use such materials at our own discretion (with or without accreditation) in any media including, without limitation, to edit, copy, reproduce, disclose, post and remove such materials from the Website.

You further agree to execute all such documents and do all such acts and things as we may reasonably require in order to assign any such rights to us and to waive any moral rights you acquire in or to the Website.

SUBMISSIONS

Ownership of Submissions

Other than personal data (which is subject to our Privacy and Cookie Policy) you hereby grant M&S a non-exclusive license to use in whatever form (copy and publish) the rights to all comments, gift messages, 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") once submitted. You must comply with the content standards set out in these Website 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 Website Terms govern any Submissions you make on any M&S related third-party website or page such as our Instagram, Facebook page, YouTube, Tiktok 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 sites must comply with these Website 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 Website Terms shall constitute a perpetual, irrevocable and non-exclusive licence to M&S of any intellectual property rights. Whenever you make use of a feature that allows you to upload material to the Website, including questions, or to make contact with other users of the Website 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 Website 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 Website 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, intellectual property rights or any other rights of others.

Confidentiality

Any material you upload to our Website in a Submission 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 the Website, 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 Arabic (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 trademarks
  • • HTML code, computer script or website URLs
  • • Availability, price or alternative ordering or delivery information
  • • Information about M&S suppliers or manufacturers
  • • Content that is in breach of the laws and regulations of the relevant region and its social values

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.

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. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of third-party websites or for the content of any third party websites.

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 www.marksandspencerme.com/en-kw. 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 or on the move. 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, and you agree to be bound by them. 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.

Please find below information regarding:

  • • Contractual partner
  • • Opening an account and placing an order
  • • Acceptance of your order
  • • Payment
  • • Delivery and Collection
  • • Changes to your order
  • • Our Returns and Refund policy
  • • Damaged or incorrectly supplied products
  • • Product and service description
  • • Liability
  • • Assignment, waiver and third-party rights
  • • Information about Online Dispute Resolution and Alternative Dispute Resolution
  • • Applicable law

Contractual partner

Aramex will be our contractual partner for delivery services of M&S products bought online from the website . Aramex will take payments and deliver products to you, should you choose to use a cash on delivery service

Opening an Account and Placing an Order

To place an order, you can open an account with us ("Your Account") which will require you to provide some compulsory personal information. Alternatively, you can choose to place your order via the guest checkout.

Please see our Privacy and Cookie Policy for more information on what personal information and how that personal information will be used and stored.

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. If M&S is suspicious of any fraudulent activity coming from your account, it can reserve the right to refuse you access to your account and can delete the account.

When you order through the Website via our guest checkout you will still need to provide us with certain compulsory personal information in order for us to process your order. However, you can choose to register an account with us after submitting your order. Please see our Privacy Policy to see how your personal information will be used and stored.

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. We will notify you by email as soon as possible to acknowledge that we have received and are processing your order. Our acceptance of your order will take place only when we dispatch the product(s) or on commencement of the services that you ordered from us. This will be no later than 1 week after we have received payment from you. Prior to dispatch of the product(s), M&S has the right to decline an order for any reason, including legal and regulatory reasons.

The duration of our contract with you will start from when you receive the order dispatch email and last until the last day of your right to return the products.

If we cannot supply you with the product or service you ordered, we will not process your order and inform you of this in writing (via email) and, if you have already paid for the product or service, we will refund you in full as soon as reasonably possible, but in any event no later than 30 days after receipt of your payment.

If the fulfilment of an order (or any aspect of it) would be illegal or unlawful, including by reason of breach of export controls or sanctions rules, M&S and Aramex have the right to stop or cease to fulfil the order at any time, including after dispatch of products and/or notification to you that the order has been received and is being processed. You acknowledge that M&S and Aramex shall not incur any liability in such circumstances.

Payment

Accepted Payment Methods

You may pay by debit card, credit card or another alternative payment method specified as part of the checkout process and will be able to view and print an invoice in the order history of the signed in page. M&S may change the payment methods at any time, but this will not affect any existing order. The availability of a certain payment method may depend on your geographical location.

Payment

If you place an order on our Website, then you acknowledge and agree that: (i) M&S will charge you through the payment method you have selected for your order and such other amounts that may accrue in connection with the order; (ii) that you will provide valid and current information for (a) yourself and (b) if applicable, another person, but only if you have first obtained their express consent to do so; (iii) that M&S may use tools, software or services of payment processors to process transactions on their behalf; and (iv) if your payment is not received by M&S for any reason from your card issuer, you agree to promptly pay all amounts due upon request and using the method that M&S reasonably prescribes.

Currency

The price of products mentioned on a site will be in the respective local currencies of the country that the site is based in.

Taxes

All prices on the Website are inclusive of VAT. Customer will be issued with a Tax Invoice and in case of any refunds or returns, a Tax Credit Note will be issued as per local VAT regulations (if any).

Delivery and Collection

Delivery (including delivery charges and timescales)

Delivery charges (inclusive of VAT) 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 below.

If no fixed date or timeline has been agreed upon, our deliveries are performed within a maximum period of 30 days.

Please note that certain products and services may be subject to alternative delivery charges, restrictions and/or timescales. If delivery cannot be made to a customer due to the customer not being present at the address at the time allotted by the carrier or if a customer refuses to accept the products, M&S reserves the right to deduct the cost for returning products to the M&S returns center from the customer's refund for the order.

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.

Delivery Charges
Delivery fee KWD 2.00
Delivery threshold All orders above KWD 20 are free delivery
Service charge for COD orders Free* (Subject to change)
Return collection fee KWD 1.00
 

Click and Collect

If you are shopping on marksandspencerme.com/en-kw you can choose for your online order to be delivered free of charge to the following Marks & Spencer click and collect stores operated by, Al Futtaim Kuwait for Central Markets W.L.L

M&S Avenues Mall
M&S 360D Mall
M&S Views Mall
M&S Al Kout Mall
 

You will be notified by email when your order is ready to collect in store. Orders will be ready to collect from midday and will be kept in the store for 13 calendar days. If an order has not been collected after 13 days, the order will be returned, and you will be refunded.

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. For the avoidance of doubt, this paragraph does not exclude or affect in any way any statutory right that is afforded to you to cancel an order when a product is delayed or not provided.

Our Returns and Refund Policy

A refund is permitted only in the same country of purchase. Our returns policy entitles you to a refund for any item that’s bought online, within 35 days for a full price item and within 14 days for a sale item with a valid receipt. For a refund, items must be unused, returned in the original packaging and in re-saleable condition. You will be refunded in the same method you originally used for all prepaid transactions.

Refunds and COD Payment Method

Refunds for transactions made with Cash on Delivery (COD) payment method will be processed according to the following terms and conditions.

1. Refund to Blue Wallet Account:

1.1. If the mobile number used for ordering is linked to a registered Blue Wallet account, the refund amount will be issued to the Blue Wallet account.

Note: Customers are responsible for ensuring that the mobile number used for ordering is registered with a Blue Wallet account to facilitate refunds to the account.

2. Refund to Blue Prepaid Card:

2.1. If the mobile number used for ordering is not registered with a Blue Wallet account, the refund amount will be credited in the form of a Blue prepaid card. The Blue prepaid card number details and PIN will be sent to the registered email address used for the order. Customers must maintain an active and accessible email address for the timely receipt of Blue prepaid card details and PIN.

However, customers have the option by registering their mobile number with a Blue Wallet account before initiating the refund.

2.2. To register for a Blue Wallet account, customers can download the Blue Wallet app from Google Play or the App Store. By completing the registration process, customers ensure a seamless refund experience with the amount credited directly to their Blue Wallet account, providing additional convenience and accessibility.

3. Refund Process:

3.1. Refunds will be initiated promptly upon the completion of the return process and in accordance with the specified refund method (Blue Wallet account or Blue prepaid card).

4. Non-Transferability:

4.1. Refunds are non-transferable and will be processed only to the Blue Wallet account or Blue prepaid card associated with the original order.

To return your items under our refund policy, you can return the item/items free of charge to any of our Marks & Spencer stores in the region alternatively please call our contact center who will arrange a pick-up of your item/items from your residence for a fixed charge.(delivery T&C’s apply)

If you choose to return any products to us we recommend that you use our recorded delivery service.

Please note that you may have cancellation rights governed by local legislation. Nothing in these General Terms and Conditions of Sale will affect these statutory rights.

Exclusions from the policy

The following items are excluded from our returns policy:

It’s in our customer’s best interests that the following products are not refunded for hygiene reasons: perishable items (food and drinks), earrings, beauty & branded beauty (including toiletries), duvets, pillows, mattress & pillow protectors, bra accessories, stick-on bras, other personal hygiene items including underwear and any products with a hygiene seal, where the seal is broken.

You can return your online order free of charge to the following Marks & Spencer click and collect store:

M&S Avenues Mall
M&S 360D Mall
M&S Views Mall
M&S Al Kout Mall
 

Damaged or incorrectly supplied products

You should check all products you receive against your order. If the products you receive are damaged or incorrectly supplied on delivery then you must note the details of any damage or error in supply on the delivery documentation or if you are unable to view the items on receipt, you must inform us (by post, phone or email only) within a reasonable period of time. You must return the products to us as soon as possible after informing us that the products are damaged or have been incorrectly supplied.

In the case of damaged or incorrectly supplied goods, we will offer you a refund. Any refunds will be given by M&S and will be made to the mode of payment when purchase was made except for COD purchases which will be refunded as per the conditions mentioned under the Refunds and COD Payment Method and will be subject to our right to withhold amounts for products which are damaged on return or for which we arrange collection.

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 your local currency and local tax 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; and
  • • whilst we try to display the colours of our products accurately on the Website, the actual colours you see will depend on your monitor and we cannot guarantee that your monitor's display of any colour will accurately reflect the colour of the product on delivery.

Please note that all items are subject to availability. If the product(s) you have ordered are not available we will dispatch your order without this item(s). You will not be charged for any undelivered item. You can verify this by checking the invoice that will be sent to you prior to the item(s) being dispatched.

You agree that you will not use, sell or supply any product(s) purchased from M&S in an unlawful manner and, in particular, will comply with all export controls and sanctions rules.

Liability

Nothing in these General Terms and Conditions of Sale limits our liability for personal injury or death caused by our negligence, fraud or any matter that cannot be limited or excluded by law. Nothing in these General Terms and Conditions will affect your statutory rights and, in particular, we will perform our obligations under these General 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 repair or replacement 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 General 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 General Terms and Conditions of Sale by anything you (or anyone acting on your behalf) does or fails to do or due to events which are beyond our reasonable control.

You must follow any advice we give you to keep products we supply to you safe (including any instructions or product manuals provided with the products). We cannot accept liability for damage to products we have supplied which is caused by your failure to follow this advice.

In any event we will not be liable for any losses related to any business of yours including (without limitation) lost data, lost profits, lost revenues or business interruption.

Exclusions of liability

Except as expressly provided in these Terms and Conditions, 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.

These exclusions shall be governed by and construed in accordance with the law of Kuwait. 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 Terms and Conditions shall exclude or limit our liability for personal injury or death caused by our negligence. 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.

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. However, where we have engaged a third party to perform part of the contract with you, we remain liable towards you for the full performance of our agreement and also for the performance by the third party.

Only you, and M&S shall be entitled to enforce these Terms and Conditions. No third party shall be entitled to enforce any of these Terms and Conditions, by virtue of the applicable local legislation.

Waiver

No relaxation or delay by us in exercising any right or remedy under these Terms and Conditions 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.

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.

Entire Agreement

These Terms and Conditions and any document expressly referred to in them 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 Kuwait and the Federal laws of the Land and subject to the jurisdiction of the courts of Kuwait. All contracts for the purchase and sale of M&S products from the Website shall be concluded in the language of these Terms and Conditions.

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. In the event of a change or an update to these Terms and Conditions we will flag it in an appropriate way on 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.

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. Please note that when you agree to these Terms and Conditions you shall be deemed also to have read and understood our Privacy and Cookie Policy in its entirety.