Please read these terms and conditions carefully as they set out the terms under which marksandspencer-appliances.com (the "Website") sells and otherwise makes available products available to you ("Terms and Conditions"). The Website is owned and operated by DRL Limited (Marks & Spencer trademarks used under license from Marks and Spencer plc). By purchasing products available on the Website, you as the customer will transact with DRL Limited.

These Terms and Conditions should be read alongside, and are in addition to, our privacy policy ("Privacy Policy") and our Terms of Use ("Terms of Use").

We recommend that you print off and keep a copy of these Terms and Conditions for your future reference. By purchasing any product available on the Website, you agree that you have read, understood and agree to these Terms and Conditions, the Privacy Policy and the Terms of Use in their entirety (including as amended from time to time). If you do not agree to these Terms and Conditions, you must not purchase any product available on this Website.

Prices

The prices payable for the items that you order are clearly set out on the Website. All prices are expressed inclusive of any VAT payable. Prices can change and we always bring you the latest prices as quickly as possible.

Please note that there is an additional charge of £9.99 for deliveries made on a Saturday and Sunday, £14.99 for next day deliveries and £6.99 for rapid deliveries (available for selected postcodes only).

Product dimensions, weights, colours & specifications

It is important to note that the product dimensions do not include any protruding features such as, controls and handles etc. Product dimensions represent the casing of the appliance only.

Whilst we try to be as accurate as possible, all sizes, weights and measurements quoted on this website are approximate.

Images of the products shown on this website are for illustrative purposes only. We have made every effort to display all product colours accurately. However we cannot guarantee that the image displayed on your monitor will accurately reflect the true colour of the product delivered to you. Please be aware that colours may differ between manufacturers.

Whilst every effort has been made to ensure that product specifications are correct on this website due to continual product development through research & design specifications may change without notice.

Availability

If for any reason beyond our reasonable control, we are unable to supply a particular item, we will notify you as soon as possible. We will contact you to confirm that you are happy to proceed with the order and agree to wait for the appliance. If you are happy to proceed, payment will be taken for out of stock appliances to secure stock.

Contract

There will be no contract of any kind between you and us until payment for your goods is authorised by your bank or credit card issuer. At any point up until then, we may decline to supply the goods to you without giving any reason. At the moment that payment for the goods is authorised (and not before) a contract will be made between you and us. Authority for payment must be given at the time of the order. Payment for your order will be taken once stock availability has been confirmed. If for any reason the goods cannot be supplied then payment will be refunded in full. Refunds will be made within 30 days from cancellation of the sale in compliance with distance selling legislation.

Delivery

Delivery will be made to the UK address specified by you. Please note that our standard delivery of products is within the UK on weekdays (Monday- Friday) only. A Saturday and Sunday delivery is available for selected postcodes only at a charge of £9.99, also next day delivery is available for a charge of £14.99. Our courier will make all deliveries to you. We do our best to secure standard delivery within 3-7 working days of the date of your order, although for Northern Ireland this will be slightly longer and your appliance(s) will normally arrive within 14 working days. If you order and specify items with different delivery dates, we will ship them separately. There is an additional charge of £9.99 for deliveries made on a Saturday and Sunday, £14.99 for next day deliveries and £6.99 for rapid deliveries (Please note, these service is only available to selected postcodes). Surcharges may apply for special deliveries where there are access restrictions. If, on the date of a pre-arranged delivery, there is no one at the delivery location who is able to accept delivery then we reserve the right to charge you £ to redeliver your order to cover additional delivery charges we will incur. If you wish to change the delivery date or delivery location after you have placed your order then please give us 3 or more working days' notice prior to the scheduled delivery date.

On delivery, you will be required to sign a Proof of Delivery which shall be conclusive evidence that you have received your order.

After your delivery, we advise you to check the goods and inform us of any obvious cosmetic damage. If there is any noticeable damage to the goods, please advise us as soon as possible on 0844 809 4930.

Signing the delivery note to accept receipt is a condition of the sale and we reserve the right not to complete the delivery if you refuse this condition. If we refuse delivery then the goods will be returned and all monies paid will be refunded.

Subject to the other provisions of these conditions we shall only be liable for any foreseeable consequence to both of us at the time you make the relevant order. Our liability shall not in any event include pure economic loss, loss of profits, loss of business, depletion of goodwill and similar loss), costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the goods.

Deliveries to commercial properties could void your manufacturer's warranty.

Rapid delivery

Rapid delivery is available for selected postcodes on selected products only. We will endeavour to get your appliances to you within 2 working days of the date of your order. When we are unable to offer you rapid delivery, a suitable alternative delivery date will be offered. There is a small additional charge of £6.99 for this service. All other Terms and Conditions apply.

Next day delivery

There is an additional charge of £14.99 payable for next day deliveries. In order to qualify for next day delivery, orders must be placed before 7pm on the day before your required delivery date*. We will endeavor to get your new appliances to you the next day. When this is not possible a suitable alternative delivery date will be offered. All other Terms and Conditions apply, including those for additional services.

*Please note, next day delivery is only available on orders placed Monday to Friday. This service is available in UK mainland only.

Connection

If you ask us to do so when placing your order and pay the applicable connection charge, our delivery team will connect any freestanding washing machine, washer dryer or dishwasher that you purchase from us. You must ask us to provide this connection service at the point of order and pay the applicable connection charge for each item you ask us to connect.

Connection can only be carried out to an existing standard domestic appliance water connection situated within one metre of the appliance's location and to a suitable existing 13 amp socket within reach of the appliance’s power lead. The connection service we provide includes removal of transit brackets from the appliance and a simple power-up test of the appliance.

The delivery team will be unable to connect your new appliance if:

• The old machine is not disconnected and removed from the connection location.
• Any electrical/plumbing supplies needed fail the delivery team's testing or are considered unsuitable.
• Any water supply needed cannot be isolated or is unsuitable.
• The pipes are not in full working order.
• A suitable domestic water connection is not situated within 1m of the appliance.
• A 13 amp socket is not within reach of the appliance's power lead.
• Any drainage/waste facilities needed are unsuitable.
• Mechanical adjustments are required to the appliance(s) to overcome such things as water pressure problems.
• Alterations to existing plumbing and electrical wiring are required e.g. Hard Wiring alterations.

Where you have requested us to provide a connection service which we are unable to fulfill for any of the reasons mentioned above, we reserve the right to retain the applicable connection charge.

All gas installations, connections and/or disconnections must be performed by a Gas Safe registered engineer. All mains wired equipment (e.g. electric cookers) should only be installed, connected and/or disconnected by a qualified electrician. We do not currently offer any installation, connection and/or disconnection service on gas or mains wired electrical products.

Recycling

If you ask us to do so when placing your order and pay the applicable collection charge, our delivery team will collect your old appliance for recycling. You must ask us to provide this collection service at the point of order and pay the applicable collection charge for each item you ask us to collect.

All goods that you ask us to collect for recycling must be fully disconnected from all water, electrical and gas supplies in advance of the collection date. All appliances should be emptied and, in the case of refrigeration units, defrosted. Please note that we only collect "like for like" appliances for recycling (i.e. if you have ordered a fridge from us, we can collect your old fridge for recycling, but not your washing machine).

Where you have requested us to provide a collection service which we are unable to fulfill for any of the reasons mentioned above, we reserve the right to retain the applicable collection charge.

All gas disconnections must be performed by a Gas Safe registered engineer. All mains wired equipment (e.g. electric cookers) should only be disconnected by a qualified electrician. We do not currently offer any disconnection service on gas or mains wired electrical products.

Goods that we collect for recycling from you are deemed to have zero monetary value.

We only charge for the cost of transporting your appliance for recycling. Alternatively if you wish to return your appliance to us with no charge then this can be accepted at our distributor’s premises;

Expert Logistics
Bury Road
Radcliffe
M26 2XH

Monday to Friday 10.00 to 16.00

Proof of your delivery will be required and they can only accept like for like items to those that were delivered.

Cancellation

If you wish to cancel your order and advise us of your decision to cancel prior to your scheduled delivery date you will receive a full refund. Where the goods have been already delivered to you, you must notify us of your decision to return them within the period of 7 working days following the date of delivery in line with our returns policy below. Please note that goods you purchase are supplied by DRL Limited and accordingly no goods can be returned to a Marks & Spencer store for a refund – all Cancellations must be processed via Marks & Spencer Appliances. This does not affect your statutory rights.

Returns

Non faulty goods

You have the right to return products purchased online or by telephone to us within 7 working days following the date of delivery in return for a full refund (but subject to a charge to collect those products from you). This right only applies if you have not installed or otherwise used the product, unless the product is faulty. If you decide to return your goods to us within 7 working days from the date of delivery we reserve the right to charge you £49.99 for collection. A collection charge will not be levied against the collection of any faulty goods. We will notify you of the cost of collection of goods that you wish to return to us. Please note that goods you purchase are supplied by DRL Limited and accordingly no goods can be returned to a Marks & Spencer store. Refunds can only be made by the same payment method used for purchase.

If for any reason you need to return an item within 7 working days following the day of receiving delivery, please call the Marks & Spencer Appliances customer help line 0844 809 4930 and advise a member of our team that you wish to return the product and the reason for return. We will then organise for the goods to be collected by our courier usually within 5-7 days of a return being agreed with our team. Under distance selling legislation you as the customer have a duty of care for the product whilst it is in your possession. If products are opened or damaged by you and subsequently returned, a charge will be made to repair the product to its original condition. Please be aware that where repair is not economically viable we will not be able to accept the return and no refund will be made. This returns policy does not affect your statutory rights.

Faulty goods

Notwithstanding our Delivery condition above If, after the goods have been fitted, you find a fault; we reserve the right to request that the following steps are complied with:

1. you provide written notice of the defect to us and/or telephone us quoting your order reference number within 7 working days following the delivery of discovering the defect ; and
2. you allow us to provide an engineer, you will be contacted to arrange a house visit to inspect the goods and confirm the fault or if asked by us we will arrange for the goods to be collected from you and returned Marks & Spencer Appliances at the our expense for the examination to take place there.

Upon confirmation from the engineer that there is fault, and the goods do not conform to the contract, we shall at our option repair or replace such goods (or the defective part) or refund the price of such goods, whichever is considered to be economically viable by Marks & Spencer Appliances.

Marks & Spencer Appliances shall not be liable for the goods if you continue to use the goods after giving such notice to us; or alter or repair the goods without the written consent of Marks & Spencer Appliances.

To resolve your problem with regard to Faulty products please contact one of our helpful and friendly customer service team on 0844 809 4930 who will be happy to resolve your problem as quickly and efficiently as possible with the minimum disruption possible.

Payment & Security

You can pay with any Visa, MasterCard, American Express, Maestro or Delta card. Please note that we do not currently accept M&S Budget, M&S Chargecard or Gift cards. Your payment card details will be encrypted to minimise the possibility of unauthorised access or disclosure. Authority for payment must be given at the time of order. It may be necessary to re-confirm your security number for data protection reasons. Payment will be taken for out of stock appliances to secure stock, only if you are happy to proceed with the order and agree to wait for the appliance. Payments for products will be itemised on your bank statements as showing payment to Kitchen Appliances.

Liability

The following provisions set out the entire financial liability of Marks & Spencer Appliances (including any liability for the acts or omissions of its employees, agents and sub-contractors) to you in respect of:

1. any breach of these conditions;
2. any use made or resale by you of any of the goods, or of any product incorporating any of the goods; and
3. any representation, statement or tortious act or omission including negligence arising under or in connection with the Contract.

All warranties, conditions and other terms implied by statute or common law (save for the conditions implied by section 12 of the Sale of Goods Act 1979) are to the fullest extent permitted by law excluded from the Contract.

Nothing in these conditions excludes or limits the liability of Marks & Spencer Appliances:

1. for death or personal injury caused by Marks & Spencer Appliances negligence; or
2. under section 2(3), Consumer Protection Act 1987; or
3. for any matter which it would be illegal for Marks & Spencer Appliances to exclude or attempt to exclude its liability; or
4. for fraud or fraudulent misrepresentation.

Subject to the above clauses:

5. Marks & Spencer Appliances total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the Contract shall be limited to the Contract price; and
6. we will only be responsible for any losses that you suffer as a result to the extent that they are a foreseeable consequence to both of us at a the time you make the relevant order. Our liability shall not in any event include loss of profit, loss of revenue, loss of business, wasted expenditure, depletion of goodwill, and loss of privacy or any other claims which arise out of or in connection with the Contract.

We use Internet standard encryption technology to protect your data when you transmit it to us. When you use your credit card, all your data is encrypted and held on a Secure Socket Layer (SSL) server. We are constantly updating our technology to provide you with the maximum practicable level of security. To check that you are in a secure area of our site look at the bottom right of your internet browser and you will see a closed padlock or an unbroken key.

If using a public computer or terminal, always close the browser when you complete an online session.

We will never ask you to confirm any account or credit card details via email and if you receive an email claiming to be from marksandspencer-appliances.com asking you to do so then please ignore it and do not respond.

Except as expressly set out in these Terms and Conditions, all implied warranties and representations (whether implied by statute, custom, common law or otherwise) are excluded to the fullest extent permitted by law. This does not affect any manufacturer's warranty that may be supplied with any product that you buy from us.

Points Promotions

All offers cannot be used in conjunction with any other offer or promotional code.
There are no cash alternatives to any offer.
We reserve the right to end any offer at any time, without notice.
All offers apply whilst stocks last.
All points awarded in a point’s promotion are in line with the product price and do not include charges for delivery, connection and recycling.

General

These Terms and Conditions shall be governed by and construed in accordance with the laws of England and Wales and any disputes will be decided only by the English courts. If any of these Terms and Conditions are held by any court of competent authority to be unlawful, invalid or unenforceable, in whole or in part, this will not affect the validity of the remaining Terms and Conditions which will continue to be valid and enforceable to the fullest extent permitted by law. Only you and we shall be permitted to enforce these Terms and Conditions.

Customer services

If you have an order query, please email us at customerservices@marksandspencer-appliances.com or call us on 0844 809 4930 Monday - Sunday 8am to 10pm.

Please note telephone calls may be recorded for training and quality purposes.

Marks & Spencer Appliances,
c/o DRL Limited,
Aspinall House,
Middlebrook,
Bolton.
BL6 6QQ

E&OE – Updated 1st April 2009.