PLATFORM TERMS & CONDITIONS
INTRODUCTION
This page provides information about who we are and the legal terms and conditions that may apply to your use of marksandspencer.qa/en & marksandspencer.qa/ar ("Website"), the M&S application ("Application") and any other digital platform, channel or service (all together defined as the "Platform") through which M&S makes its products or services available to you, 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 6 sections. These are:
Please read these Terms and Conditions and the Privacy and Cookie Policy carefully before you start to use the Platform.
PART A: INFORMATION ABOUT MARKS & SPENCER
This website is owned and powered by Hamad and Mohamed Al Futtaim Co. LLC a company registered under the laws of Doha, Qatar having a trade license 32760 and having its registered address at P.O.Box 13040 Doha, the State of Qatar 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 Hamad and Mohamed Al Futtaim Co. LLC 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: PLATFORM TERMS
The Terms and Conditions apply to your use of the M&S website at marksandspencer.qa/en & marksandspencer.qa/ar and, where applicable, the M&S application and any other digital platform, channel or service through which M&S makes products or services available to you, and to any order you place. The Terms and Conditions apply regardless of how you access the Platform, including any technologies or devices by which M&S makes them 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 Platform, 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 the Platform.
All legal notices on this Platform which relate to your use of the Platform, together with all applicable terms and conditions and our Privacy Policy, govern your use of this Platform.
YOUR USE OF THIS PLATFORM
You may only use this Platform 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 Platform.
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, application content, user interfaces, web pages, sound, software, software code, interfaces, website or application structure and videos, in and to this Website are owned by or licensed to M&S unless otherwise indicated. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy and may download extracts of any page(s) from the Website for your personal use and you may draw the attention of others within your organization to content posted on the Website. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. You must not use any part of the content on the Website for commercial purposes without obtaining a license to do so from Us or Our licensors. If you print off, copy or download any part of the Website in breach of these Terms of Use, your right to use the Website will cease immediately and you must, at Our option and without prejudice to our other rights, return or destroy any copies of the materials you have made.
Except as expressly stated otherwise, your use of the Platform and their contents grant no rights to you in relation to our intellectual property rights, our other exclusive rights or those rights of third parties in the Platform and its contents. By submitting information (other than your personal data), text, photos, graphics or other content to the Platform 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 Platform.
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 Platform.
SUBMISSIONS
Ownership of Submissions
Other than personal data (which is subject to our Privacy and Cookie Policy) you hereby grant M&S a perpetual, irrevocable, royalty free, worldwide, sub-licensable and non-exclusive license to use in whatever form (copy, modify, edit, transmit, distribute 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 Platform or otherwise disclosed, submitted or offered by you (collectively, "Submissions") once submitted. You must comply with the content standards set out in these Platform 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 Platform 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 Platform 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 Platform Terms shall constitute a perpetual, irrevocable, royalty free, worldwide, sub-licensable 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 Platform 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 or Application 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 Platform 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 Platform, 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 Platform. We have the right to remove any Submissions you make on our Platform 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. If you are under the age of 18, you must have permission from your parent or guardian before accessing the Platform.
You warrant, represent and undertake that you possess the legal right and ability to access the Platform in accordance with these Terms and Conditions and, where relevant, to make purchases and submissions through the Platform.
Please be polite and only write in English or Arabic (or the applicable language for the M&S Platform 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:
• Be defamatory of any person.
• Be obscene, offensive, hateful or inflammatory.
• Bully, insult, intimidate or humiliate.
• Promote sexually explicit material.
• Include child sexual abuse material.
• Promote violence.
• Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
• Infringe any copyright, database right or trademark of any other person.
• Be likely to deceive any person.
• Breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
• Be in contempt of court.
• Be threatening, abusive, invade another's privacy, or cause annoyance, inconvenience or needless anxiety.
• Be likely to harass, upset, embarrass, alarm or annoy any other person.
• Advocate, promote, incite any party to commit, or assist any unlawful or criminal act, including copyright infringement or computer misuse.
• Contain any advertising, spam, promote any services, or include web links to other websites.
A submission must:
• Be accurate (where it states facts).
• Be genuinely held (where it states opinions).
• Comply with the law applicable in any country from which it is posted.
You warrant that any content you upload, post or submit to the Platform complies with those content standards, and will not violate any law or the rights of any person, and indemnify M&S for any breach of that warranty. This means you will be responsible for any loss or damage M&S suffers as a result of your breach of warranty.
M&S, in its absolute discretion, reserves the right not to publish a Submission or to remove it, and to take any appropriate action if deemed necessary, including the immediate, temporary or permanent withdrawal of your right to use the M&S Platform and disclosure of such information to law enforcement authorities as required. M&S may also remove reviews which relate to seasonal products that are no longer in season.
Please let us know if you see any Submissions which do not comply with our rules.
M&S excludes their liability for all action taken in response to breaches of the Submission Rules. The actions M&S may take are not limited to those described above, and We may take any other action deemed reasonably appropriate.
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 Platform 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. This information and these materials have not been verified or approved by M&S.
The content on the Platform is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from taking, any action on the basis of the content on the Platform.
Although We make reasonable efforts to update the information on the Platform, We make no representations, warranties or guarantees, whether express or implied, that the content on the Platform is accurate, complete or up to date. We may revise or withdraw the content, in whole or in part, at any time without notice.
Damage to your computer or other device
M&S uses reasonable efforts to ensure that this Platform is free from viruses and other malicious or harmful content. However, we cannot guarantee that your use of this Platform (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 Platform 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 Platform. You must not misuse the Platform by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Platform, the server on which the Platform is stored or any server, computer or database connected to the Platform. You must not attack the Platform via a denial-of-service attack or a distributed denial-of service attack.
Links to other websites
We have placed links on the Platform 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 apply to any order you place through marksandspencer.qa/en & marksandspencer.qa/ar, the M&S application or any other digital platform, channel or service through which M&S accepts orders from you. These General Terms and Conditions of Sale apply regardless of how you access the Platform, including via any technologies or devices by which M&S makes its products or services 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 Platform, 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 Platform.
Please find below information regarding:
• Contractual partner
• Opening an account and placing an order
• Acceptance of your order
• Payment
• Delivery and Collection
• Our Returns and Refund Policy
• Damaged or incorrectly supplied products
• Product and service description
• Special Products
• Legal Compliance
Contractual partner
Aramex will be our contractual partner for delivery services of M&S products bought online from the Platform. 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 when registering or checking out are true, accurate and up to date in all respects and at all times, this includes but is not limited to your contact information and delivery address. 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 Platform 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 Platform 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
1. You agree that your order is an offer to buy, under these terms, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered. If we are unable to accept your order, we will inform you of this and will not charge you for the product or service, 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 45 days after receipt of your payment. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because a credit reference we have obtained for you does not meet our minimum requirements, because we have identified an error in the price or description of the product or service or because we are unable to meet a delivery deadline you have specified. 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. However, during peak seasons, promotional events, holidays, or due to unforeseeable circumstances beyond our reasonable control, dispatch may take longer but shall not exceed 14 days. 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. We may end the contract for a product or service at any time by writing to you if:
(a) you do not make any payment to us when it is due
(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the product
(c) you do not, within a reasonable time, allow us to deliver a product to you or collect them from us;
(d) you do not, within a reasonable time, allow us access to your premises (as applicable) to deliver a product.
You must compensate us if you break the contract. If we end the contract in the situations set out in above we will refund any money you have paid in advance for products and services we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
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 despatch 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 receive an invoice to the registered email in English and Arabic. 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. You represent and warrant that (i) the credit card information you supply to us is true, correct and complete, (ii) you are duly authorised to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Platform at the time of your order.
Payment
If you place an order on our Platform, 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.
Prices
Prices posted on the Platform may be different than prices offered by us at our showrooms and stores. All prices, discounts, and promotions posted on the Platform are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. We strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
Taxes
All prices on the Platform 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.
Promotions
We may from time to time offer promotions on the Platform that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.
Delivery and Collection
Delivery charges
We operate a flexible delivery fee and free delivery threshold, which may be reviewed and updated from time to time. The applicable delivery charges, free delivery threshold, delivery options, and any related service fees will be displayed at checkout before you place your order.
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Delivery proposition |
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Standard / next-day delivery |
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Flowers delivery |
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Large / bulky item delivery |
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Delivery Fee |
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Free delivery threshold |
Free delivery on orders above QAR 250, subject to change |
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COD service charge |
Free, subject to change |
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Return collection fee |
Delivery timescales are estimates and may be affected by peak trading periods, sale periods, public holidays, weekends, adverse weather, stock availability, payment verification, or events outside our reasonable control.
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 centre from the customer's refund for the order.
Click and Collect
If you are shopping on marksandspencer.qa/en & marksandspencer.qa/ar you can choose for your online order to be delivered free of charge to the following Marks & Spencer click and collect stores operated by Hamad and Mohamed Al Futtaim Co. LLC:
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M&S, Landmark Store |
Doha |
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M&S, Villaggio Mall Store |
Doha |
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M&S, Doha Festival City |
Doha |
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M&S Vendome Mall Store |
Lusail |
Click & Collect orders will be available for collection for 13 calendar days from the date we notify you that your order is ready. If the order is not collected within this period, we reserve the right to cancel the order and return the item(s). Any refund due will be processed to the original payment method in accordance with our refund policy and applicable laws.
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(s) free of charge to any of our Marks & Spencer stores in the region. Alternatively, please call our contact centre, which will arrange a pick-up of your item(s) from your residence for a fixed charge (delivery terms and conditions 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, safety, freshness, and other reasons
all food items, drinks, flowers and plants, earrings, beauty products including cosmetics, skincare, fragrance and toiletries, duvets, pillows, mattress and pillow protectors, bra accessories, stick-on bras, underwear, swimwear, other personal hygiene items, and any products with a hygiene seal where the seal has been broken or removed.
Return Locations
You can return your online order free of charge to the following Marks & Spencer click and collect store:
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M&S, Landmark Store |
Doha |
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M&S, Villaggio Mall Store |
Doha |
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M&S, Doha Festival City |
Doha |
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M&S Vendome Mall Store |
Lusail |
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) in accordance with our Returns and Refunds Policy above. You must return the products to us as soon as possible after informing us by contacting us on Phone 00 800 971 667 – or e-mail care@marksandspencer.qa 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 Platform or other relevant platform are correct and that all products have been fairly described. However, when ordering products or services through the Platform or other relevant platform, 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 Platform;
• 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 Platform;
• the weights, dimensions and capacities shown on the Platform are approximate only; and
• whilst we try to display the colours of our products accurately on the Platform, 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.
• The images of the products on our Platform are for illustrative purposes only. Your product may vary slightly from those images.
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.
Special Products
Third Party Brands
Certain clothing, food and other items presented for sale on the Website, the M&S application or any other relevant digital platform may be sourced from, manufactured by, supplied by or branded with the names, trademarks or labels of third-party providers or external brands. All trademarks, logos, brand names and product names appearing on such products remain the property of their respective owners. Product descriptions, images, ingredient lists, specifications and other content relating to third-party branded products are provided by manufacturers or suppliers and may change without notice. Customers are encouraged to review product packaging and manufacturer information before use.
Food Products
Selected food products may be offered for sale online for home delivery and/or Click & Collect through the Website, the M&S application or any other relevant digital platform, subject at all times to the final service proposition made available by M&S at the time of order and any applicable delivery area, slot, availability or operational restrictions. Subject to availability and our applicable delivery terms, food orders placed by 7:00 p.m. may be eligible for next day delivery within the country.
• Notwithstanding anything to the contrary in these General Terms and Conditions of Sale or in our general returns and refund policy, once a food order has been placed, food items may not be cancelled, exchanged, returned or refunded except where the item delivered is damaged, defective or not in line with your order, or where otherwise required by applicable law. Any such claim shall remain subject to our provisions on damaged or incorrectly supplied products.
• Information provided on the Platform in relation to ingredients, dietary suitability, nutritional values and allergens is provided for general information only and may be updated from time to time. Customers should always read and rely on the product label, packaging and any accompanying product information before consuming or using any food product, particularly if they suffer from allergies, intolerances or have specific dietary requirements.
• Upon delivery or collection, customers are responsible for checking food products promptly and for storing, refrigerating, freezing, preparing and consuming them in accordance with the product label, packaging instructions and any applicable use-by or best-before date. We shall not be responsible for any deterioration in quality, spoilage or damage resulting from any delay in collection, failure to accept delivery, or failure to store or handle food products appropriately after delivery or collection.
• Images of food products on the Website, the M&S application or any other relevant digital platform are for illustrative purposes and serving suggestion only. Actual presentation may vary. Prices, promotions, availability and launch dates may differ between stores and the Platform and may change from time to time without notice.
• Certain food products sold on the Platform may not be M&S-branded and may be supplied under third-party or external brands. References to such products, including descriptions, images and branding, are provided for identification purposes only and remain subject to availability.
Flowers and Planted Gifts
• Flowers, bouquets, floral arrangements, plants and planted gifts offered on the Website, the M&S application and/or any other relevant digital platform may be prepared using flowers and plants sourced from approved growers, certified suppliers and/or selected third-party vendors. All products are subject to seasonal availability and stock availability at the time of fulfilment.
• Due to the natural characteristics of flowers and plants, actual products may vary in color, size, shape, bloom stage, packaging and overall appearance from the images shown online. Product images displayed on the Website, the M&S application and/or any other relevant digital platform are for illustrative purposes only.
• Certain flowers and plants may arrive in bud form to ensure freshness and longevity.
• Where a specific flower, plant, container, wrapping, accessory or component is unavailable, substitutions of equal or greater quality and comparable value may be made without prior notice.
• Any substitutions will aim to preserve the overall style, color scheme and presentation of the original arrangement as closely as reasonably possible.
• Customers are responsible for following any care instructions provided with flowers and plants. Fresh flowers and plants are perishable products and longevity may vary depending on environmental conditions, handling and aftercare.
• Notwithstanding anything to the contrary in these General Terms and Conditions of Sale or in our general returns and refund policy, once a flower or planted gifts order has been placed, the order may not be cancelled, exchanged, returned or refunded except where the item delivered is damaged, defective or not in line with your order, or where otherwise required by applicable law. Any such claim shall remain subject to our provisions on damaged or incorrectly supplied products.
• Anonymous Gifts: where a sender chooses to send a gift without disclosing their name or personal details to the recipient, we will treat the sender's identity and contact details as confidential. We will not disclose the sender's name, contact details, billing information, payment details, or any other personal information to the recipient, even where the recipient contacts us to request this information.
Legal Compliance
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 no event shall we be liable to you or any third party for consequential, indirect, incidental, special, exemplary, punitive or enhanced damages, lost profits or revenues or diminution in value, arising out of, or relating to, and/or in connection with any breach of these terms, regardless of (a) whether such damages were foreseeable, (b) whether or not we were advised of the possibility of such damages and (c) the legal or equitable theory (contract, tort or otherwise) upon which the claim is based. Our sole and entire maximum liability and your sole and exclusive remedy shall be limited to the actual amount paid by you for the products and services you have ordered through our Platform. The limitation of liability set forth above shall: (i) only apply to the extent permitted by law and (ii) not apply to death or bodily injury resulting from our negligent acts or omissions.
You represent and warrant that you are buying products or services from the Platform for your own personal or household use only, and not for resale or export. You further represent and warrant that all purchases are intended for final delivery to locations within the state of Qatar.
Force Majeure. We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
PART D: APPLICATION TERMS
These Application Terms apply to your download, access and use of the M&S application (the “Application”). These Application Terms form part of, and must be read together with, these Terms and Conditions. In the event of any inconsistency between these Application Terms and the other provisions of these Terms and Conditions, these Application Terms shall prevail only to the extent necessary to resolve that inconsistency in relation to your use of the Application.
Licence to Use the Application
Subject to your compliance with these Terms and Conditions, M&S grants you a limited, revocable, non-exclusive, non-transferable licence to download, install, access and use the Application on a device that you own or control, solely for your personal, lawful and non-commercial use and only in the manner permitted by these Terms and Conditions. The Application and all related software are licensed, not sold, and M&S and/or its licensors retain all rights not expressly granted to you.
Ownership and Restrictions
The Application, including all content, features, functionality, software, source code, object code, interfaces, graphics, text, images, audio, video, layout and design, is owned by or licensed to M&S and is protected by applicable intellectual property laws. You must not copy, reproduce, modify, adapt, translate, reverse engineer, decompile, disassemble, attempt to extract the source code of, create derivative works from, circumvent security, bypass or interfere with security-related features, or otherwise exploit the Application or any part of it except to the extent expressly permitted by applicable law or by us in writing. You also agree not to engage in the reproduction, distribution, public display, publication or commercial exploitation of any screenshots, screen recordings, or other reproductions of the Application interface or content, in whole or in part, without our prior written consent.
Third-Party Platforms and App Stores
If you download or access the Application through a third-party platform, marketplace or app store, your use of the Application may also be subject to that third party’s terms and policies. M&S is not responsible for any third-party platform, marketplace or app store, and M&S does not provide any warranties or support for services provided by such third parties.
Updates, Availability and Notifications
We may from time to time deploy updates, upgrades, patches or modifications to the Application, which may be installed automatically or may require you to take action, and which may modify, suspend or remove certain features or functionality and/or be necessary to ensure your continued use of the Application. We do not guarantee that previous versions of the Application will remain available or compatible following any update. The Application may be temporarily unavailable, interrupted or degraded due to updates or maintenance, operating system changes or incompatibility, device limitations, or issues arising from third-party platforms or services (including app stores, network providers or other service providers). If you use Application notifications, including push notifications, you may manage your notification preferences through your device settings. To the fullest extent permitted by law, M&S shall not be liable for any loss, damage or disruption caused by such updates, changes, notifications, or any unavailability, interruption or degradation of the Application.
Device Features and Permissions
The Application may request access to certain features and data on your device, including (where available) biometric authentication, camera, location services, contacts and push notifications (“Device Features”). By enabling or using Device Features, you consent to the Application accessing and using them to provide, maintain and improve the Application’s functionality and services. You may disable access to Device Features at any time through your device settings; however, doing so may limit or prevent the proper functioning of certain features of the Application. To the fullest extent permitted by law, M&S shall not be liable for any loss, damage, or inability to use the Application arising from your decision to enable or disable Device Features, any failure, inaccuracy or limitation of Device Features, or any unauthorised access resulting from your use of biometric or device-based authentication methods.
Device Compatibility and Third-Party Services
The Application is provided for use on compatible devices and operating systems. M&S does not warrant that the Application will be compatible with all devices, operating systems, software configurations or settings, and the performance and availability of the Application may be affected by factors outside M&S’s control, including device limitations, operating system errors, updates or changes, and third-party services or platforms. To the fullest extent permitted by law, M&S disclaims all liability for any loss, damage or failure arising from device incompatibility, operating system errors or updates, or failures, interruptions or restrictions imposed by any third-party platform, marketplace, app store or other third-party service provider.
App-Specific Promotions
• Certain offers, discounts, promotions, competitions, vouchers or loyalty benefits may be made available exclusively through the Application and may not be available through other sales channels.
• Application-only promotions may be subject to additional terms and eligibility requirements, may require you to be logged in to your account, and may require presentation of an in-Application voucher or code at checkout.
• M&S reserves the right to modify, suspend, withdraw, cancel or refuse any Application promotion at any time in accordance with applicable law, including where it reasonably suspects misuse, fraud or breach of these Terms and Conditions.
PART E: LEGAL TERMS
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 Platform.
These exclusions shall be governed by and construed in accordance with the law of the state of Qatar. 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.
Suspension or Withdrawal
The Platform is made available free of charge. We do not guarantee that the Platform, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of the Platform for business and operational reasons.
You are also responsible for ensuring that all persons who access the Platform through your internet connection are aware of these Terms of Use and other applicable terms and conditions, and that they comply with them.
Other legal notices
There may be legal notices on other areas of this Platform which relate to your use of the Platform, all of which will, together with these Terms and Conditions govern your use of this Platform.
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 Platform (including any contract entered between you and us through the Platform) shall be governed by the laws of Qatar and the Federal laws of the Land and subject to the jurisdiction of the courts of Doha. All contracts for the purchase and sale of M&S products from the Platform 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 Platform. In the event of a change or an update to these Terms and Conditions we will flag it in an appropriate way on the Platform. By continuing to access, browse and use this Platform, you will be deemed to have agreed to any changes or updates to our Terms and Conditions.
PART F: PRIVACY AND COOKIE POLICY
Our Privacy and Cookie Policy explains what personal information we collect about you when you use the Platform, 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.
