Please read these website terms of use ("Terms of Use") carefully as they set out the terms under which you may use the marksandspencer-appliances.com website (the "Website"), which is owned and operated by DRL Limited (Marks and Spencer trade marks used under licence from Marks and Spencer plc).
These Terms of Use should be read alongside, and are in addition to, our privacy policy (“Privacy Policy”) and our Terms and Conditions of Sale (“Product Terms”).
We recommend that you print off and keep a copy of these Terms of Use for your future reference. By using the Website, you agree that you have read, understood and agree to these Terms of Use, the Privacy Policy and the Product Terms in their entirety (including as amended from time to time). If you do not agree to these Terms of Use, you must stop using the Website immediately.
Who are Marks & Spencer Appliances?
Marks & Spencer Appliances is a website owned and operated by DRL Limited for the purposes of selling kitchen and other electrical and electronic appliances to you. DRL Limited is not part of the Marks and Spencer group, but uses Marks and Spencer trade marks on this Website with the permission of, and under licence from, Marks and Spencer plc.
DRL Limited (referred to in these Terms of Use as “we”, or “us”) is a company registered in England and Wales (company registration no. 03914998) whose registered offices are at Aspinall House, Aspinall Close, Middlebrook, Bolton Lancashire, BL6 6QQ. Our VAT registration number is GB 3914998.
If you have any questions about these Terms of Use or wish to contact us for any other reason, please contact us using any of the contact details specified on our Contact Us page.
Your obligations when using this Website
By using this Website, you confirm that you are aged 18 or over. If you are not, you must not use this Website. This Website is intended only for residents of the United Kingdom. If you are not resident in the United Kingdom, you must not use this Website.
You agree to use the Website only for lawful purposes and in a way which does not infringe the rights of any anyone else or restrict or inhibit anyone else's use and enjoyment of the Website.
You may download and print content from the Website solely for your own personal use. However, you must not copy, use or otherwise deal with Website content for any other reason. You must not modify or redistribute the content of this Website or reproduce, link, frame or deep-link it on any other website without our express written permission. You are not entitled to use the content of the Website for commercial exploitation in any circumstances.
Product Terms
You acknowledge and agree that, in addition to these Terms of Use, the Product Terms apply to any transaction you make through the Website. By ordering any products or services through the Website, you agree that you have read, understood and agree to our Product Terms in their entirety (including as amended from time to time).
Website content
We own or are licensed to use all present and future copyright, registered and unregistered trade marks, design rights, unregistered designs, database rights and all other present and future intellectual property rights and rights in the nature of intellectual property rights existing in or in relation to the Website and its content ("IPR").
All rights and IPR in or relating to Marks and Spencer branding, logos and registered and unregistered trade marks are owned by Marks and Spencer plc or its group companies.
If any IPR vests in you, whether by operation of law or otherwise, you hereby assign to us (or, in relation to any Marks and Spencer branding, logos and registered and unregistered trade marks, to Marks and Spencer plc) all right, title and interest (whether legal or beneficial) in such IPR throughout the world absolutely to the fullest extent possible, including any and all renewals and extensions of such IPR. You unconditionally and irrevocably waive any and all moral rights you may have either now or in the future existing in or in relation to the Website.
You agree to execute and do all such deeds, documents, acts and things as we (or Marks and Spencer plc) may reasonably require in order to assign any IPR to us (or Marks and Spencer plc), to carry out the intended purpose of these Terms of Use, or to establish, perfect, preserve or enforce our rights (or those of Marks and Spencer plc) under these Terms of Use.
Our liability to you
You acknowledge and agree that this Website is owned and operated by DRL Limited and that these Terms of Use govern your relationship with DRL Limited when using the Website. Accordingly, you acknowledge and agree that Marks and Spencer plc and its group companies cannot accept any responsibility or liability for content that is displayed in or on or made accessible via this Website. In the event that you suffer any harm, loss or other damage as a consequence of using this Website, any rights you may have will be solely against DRL Limited, subject to these Terms of Use, the Product Terms and the Privacy Policy.
All representations, warranties, conditions and terms express or implied by statute, common law, equity, custom or otherwise are expressly excluded to the fullest extent permitted by law. We shall not be liable for any special, indirect, incidental, consequential or economic loss (including loss of profits, loss of opportunity and loss of business) howsoever caused arising out of or in connection with these Terms of Use or your use of the Website.
We provide the content on the Website in good faith but give no warranty or representation that the content is accurate, complete or up-to-date, nor that the Website does not infringe the rights of any third party. Except as permitted under the Product Terms, we accept no responsibility or liability for your use of content on the Website and such use is entirely at your own risk. While we take reasonable precautions to prevent the existence of computer viruses and/or other malicious programs on the Website, we cannot accept any liability for them.
Information transmitted via this Website will pass over public telecommunications networks. We make no representation or warranty that the operation of this Website will be uninterrupted or error free and disclaim all liability in respect thereof.
This Website may contain links to other websites. We accept no responsibility or liability for any material supplied by or contained on any third party website which is linked from or to this Website, or any use of personal data by such third party.
Nothing in these Terms of Use shall exclude or limit our liability for personal injury or death or for any other liability the limitation or exclusion of which is prohibited by law.
Amendments to these Terms of Use
We may update or amend these Terms of Use 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. By continuing to use the Website, you agree to be bound by the terms of these updates and amendments
These Terms of Use were last updated on 04/08/08
Other important terms
If any of these Terms of Use are found to be illegal, invalid or unenforceable by any court of competent jurisdiction, the rest of these Terms of Use shall remain in full force and effect.
Except where provisions in these Terms of Use are expressly specified to be for the benefit of Marks and Spencer plc (in which instance, Marks and Spencer plc shall have rights to enforce these Terms of Use), only you and we shall be entitled to enforce these Terms of Use. No third party (other than Marks and Spencer plc) shall be entitled to enforce any of these Terms of Use, whether by virtue of the Contracts (Rights of Third Parties) Act 1999 or otherwise.
These Terms of Use 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.
These Terms of Use are governed by English law. In the event of any matter or dispute arising out of or in connection with these Terms of Use, you and we shall submit to the exclusive jurisdiction of the English courts.