Terms & Conditions

Marks & Spencer

  1. General Information

1.1 Welcome to marksandspencerfood.gr (hereinafter referred to as the “Website”). marksandspencerfood.gr is an online website that displays the catalogue of food products (FOODS) of the “Company”. The licensor of this Website is the company “Marks and Spencer – Marinopoulos Hellas S.A.” (“Company”), located in Athens, at 33-35 Ermou Street, P.O. Box 105 63, Athens, Greece, with the capacity of a Merchant Trading in Clothing Items. Regarding the rights and obligations of Customers in relation to the Products, Marks and Spencer – Marinopoulos Hellas S.A. (“Company”) is considered the Seller of the Products.

In these Terms & Conditions:

  • Company“, “We” or “Us“: Marks and Spencer – Marinopoulos Hellas S.A.
  • Customer“, “You” or “Your” is the person (natural or legal) who orders products through the “Website”, by placing an order to the “B2B” department and whose order is accepted by the “Company”.
  • Contract” is the contract containing these Terms and Conditions and is effective from the moment the “Company” accepts your order.
  • Products“: the items offered for sale in the catalogue presented on the “Website”
  • Services” all services offered through the “B2B” department of the “Company”, e.g. shipping services.
  • B2B“: the Business to Business department and finally,
  • Business Day” is considered to be a weekday on which the “Company” has commercial activity.

1.2 Access to this Website, and to the products and services offered through this Website (hereinafter referred to as the “Services”), the use thereof and the placing of orders are subject to these terms, conditions and notes (hereinafter referred to as the “Terms and Conditions”). By browsing the Website and using the Services and/or placing orders for Products, you accept all current Terms and Conditions, as well as their updates from time to time, which govern the relationship between us. In the event of your disagreement or reservation about any or all of these Terms, you may contact the “B2B” department of our “Company” via the Contact Us section before browsing or using the Services or placing an order, or you may even send us a written letter to our address otherwise your acceptance of all Terms is unconditional.

1.3 Marks & Spencer – Marinopoulos Hellas S.A. Terms of Business Amendment. You should visit this website regularly to monitor any changes to the Terms and Conditions. However, it is clarified that the change of terms does not cover orders you have already placed but applies to future orders. Our Company reserves the right to modify, renew or upgrade at any time and without prior notice to the user/consumer/visitor/member/purchaser (hereinafter collectively referred to as the user) of the “Website” (in whole or in part): a) part or all of these terms of use, b) part or all of the content of the “Website” and c) part or all of the interface, structure or configuration of the “Website” and its technical specifications, as well as restricting access to the entire website or part of it. The Company also reserves the right at any time, without justification and without prior notice to the user of the “Website” to cancel, suspend or terminate the operation of the “Website”. Access to this Website is permitted subject to these terms and conditions and we reserve the right to remove or change the Services without prior notice.

1.4 Although we take great care with the information we publish or send, we do not exclude the possibility of inaccuracies, clerical errors or misrepresentation of prices. The “Company” assumes no responsibility for this. The “Company” is entitled to amend and correct at any time information relating to products, prices and other information published by the “Company”.

1.5 Please note that the “Help – Frequently Asked Questions” section and the “B2B” department via the Contact Us section are solely for the purpose of providing assistance and information and are in no way a substitute for the “Terms and Conditions”. The Privacy Policy is an integral part of the “Terms and Conditions” and shall bind the parties (the company and the users) as a whole under the terms of article 1.2. above.

1.6 If you wish, you can subscribe to our company’s newsletter/newsletters. Subscription is also possible for non-members.

  1. Privacy Policy

You can find our Privacy Policy, which explains how we will use your information, in the section entitled “Privacy Policy”. By using this Website, you agree to the contents of this section and warrant that all data you provide is accurate, true and up to date.

  1. Restrictions on access and use of the Website

3.1 You may not misuse this Website, obstruct or in any way interfere with the operation of the Website, or replace or alter its content. You must not commit or encourage criminal acts, transmit or distribute viruses, Trojan horses, worm viruses, logic bombs or post any other malicious or technologically harmful material, and generally do not take any action that may lead to an unacceptable or extensive load on the infrastructure or operation of the Website. You are also prohibited from violating the obligation of confidentiality or using the website in any other offensive or obscene manner.

3.2 In addition, you must not violate any part of the Services, destroy data, cause dissatisfaction to other users, infringe the proprietary rights of others, send unsolicited advertising or promotional material, commonly known as “spam”, or attempt to interfere with the performance or functionality of any features of the Website or features accessed through the Website. Violation of this provision constitutes a criminal offence under Greek law. The “Company” will report any such violation that may come to its attention to the competent law enforcement authorities and will disclose to them your identification details, subject to the requirements of the law.

3.3 Your connection to our website is subject to the terms of Articles 4.4. and 15 by your own means and through companies and providers selected by you.

  1. Intellectual Property, Software and Content

4.1 The intellectual property rights regarding all software and content that you access on or through this Website remain the property of the “Company” or its licensors and are protected by international copyright laws and treaties. All such rights are owned by the “Company” and its licensors.

4.2 Under no circumstances shall the display and viewing of the content of the Website be construed as a transfer and/or assignment of a license and/or right to use it.  You can store, print and display the available content exclusively for personal use. You may not publish, manage, distribute, copy in whole or in part, transfer, process, store, republish, modify or otherwise reproduce, in any form, any part of the content or copies of the content provided to you or displayed on this Website, nor may you use such content in connection with any business or commercial activity unless you have received written permission from the “Company”. You also are not permitted to modify, translate, decompile, reconstruct or create derivative works using any software or accompanying documentation offered by the “Company” or its licensors. In addition, you do not have any license or consent to use, in any manner, the trademarks of “Company” and you agree not to use these marks, or any marks of similar colors, without the written permission of the  “Company”.

4.3. Photographic representation of our products. We have made every effort to ensure realistic and accurate photographic representation of the majority of our products presented through our Website. However, due to technological limitations, these photographs may differ from the actual condition, form and appearance of the products. This is entirely natural given the limited technological capabilities, even using the latest technological developments in the field of photographic imaging. Please note that although the “Company” has tried to accurately display the colours of its products, the actual colours you see depend on the specifications of your monitor and, consequently, may not be accurate. In addition, there may be information or items in photographs or videos that do not correspond to the most recent depiction of the product, as they were photographed or videotaped in an earlier state. In addition, the weight, dimensions and features shown on the catalogue presented on the Website” are only approximate.

4.4. Permission to access the website. We hereby grant you a limited license to access and make personal use of this Website, but not a license to download or modify it or any part of it, except with the express written permission of the “Company”. This license does not authorize any resale or commercial use of this Website or its contents; any collection and use of any catalogs, descriptions or product prices; any derivative use of this Website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots or similar data gathering and extraction tools.

4.5 You may not reproduce, copy, duplicate, sell, resell, visit or otherwise exploit this Website or any part of this Website for any commercial purpose without our express written permission. We have exclusive rights to our company’s domain name and all trade names appearing on our website are duly subject to legal protection.

4.6 You may not use frames or framing techniques to enclose any trademark, logo or other proprietary information (including video, images, text, page layout or format) of the ” Website ” without our written consent. In the event of unauthorized use, the license granted by “Company” will be terminated.

4.7 You may not use any “Company” logo or other proprietary graphics or trademark or open-source code or any part of the link without our prior written consent.

  1. Terms of sale

5.1 By placing an order, you agree that you are purchasing a product in accordance with the following terms and conditions:

  • Product deliveries are made to addresses anywhere within the Attica Region.
  • All orders to the “B2B” department of the “Company” must have been accepted by the “B2B” department of the “Company”. The Company’s B2B department is entitled to accept or reject an order.
  • The Company’s “B2B” department may confirm the receiving of the order by e-mail or otherwise (including by telephone). Such confirmation of receiving an order is not an acceptance of an order.
  • When an order placed by e-mail is accepted, the “B2B” department of the “Company” has the freedom to decide whether to send the confirmation of acceptance of the order by e-mail or by other written means. The “Company” reserves the right to confirm or accept verbally (by telephone) orders placed through the “B2B” department.
  • The signing of a contract presupposes that the “Company” has checked the availability of the specific products and has accepted both your order and payment by cash, card or other means. Until the “Company” has confirmed both of these points, it is not obliged to make the products available.
  • For seven (7) years from the date of dispatch of the Products, we will retain the details of orders, order entry confirmations and contracts (as well as these Terms and Conditions). Customers do not generally have access to this data but if you need it and request it expressly and in writing, we will make it available to you. We recommend that you print out these Terms, your order, order confirmation, order acceptance, payment method confirmation and invoice, and keep them with a note attached so that they can be used as proof of purchase.

In any case, by ordering products through the “B2B” department as a “Customer”, you are considered to have consented to and unconditionally accepted the Terms and Conditions set forth herein, without exception.

The purchase contract is binding only after Marks and Spencer – Marinopoulos Greece S.A. has notified you that it has accepted the order.

5.2.Orders may be dispatched on all 5 working days of the week (Monday to Friday). For this reason and in order to keep you fully informed and to protect you as much as possible from unforeseen circumstances, orders are completed as follows:

5.3. i)Upon completion of your order request, your total order is displayed, including all the details of the order. If you choose to pay for your order on delivery to your chosen location (cash on delivery) then you will receive an Order Confirmation on the basis of which the products will be delivered to you subject to appropriate payment on delivery and subject to article 5.7 below and subject to the conditions of article 10.1 see below. In the event of the “deposit to bank account” option of the “Company” the order shall not be executed until the Company’s bank account has been credited. If you choose to pay for your order by credit card, you are connected to the third-party payment service provider in order to complete the payment of the agreed price under the terms.

Upon successful completion of the payment, you will receive an automated Order Confirmation message, which is sent to the e-mail address you have provided.

  1. ii) Our Company, in order to ensure the greatest possible security of transactions, may (but is not obliged to) carry out a check through its partner payment service providers as regards the correctness of the payment details you send us (in the case of payment by credit card) during the process of completing your order and the connection with the third party payment service provider, may reject your order if it detects or there is a possibility that there may be any problem with these details.

5.4 i) Your order then passes to the stage of collection in order to be processed and an e-mail will be sent to you when the products are ready to be dispatched to the delivery address you have indicated or picked up from one of the “Company’s” FOODS stores located within the Attica Region. The delivery of your products is governed by the Terms of Article 7 below. ii) If for any reason it is determined that there is an unexpected shortage in any of the products you have ordered or that there is a problem in relation to the products included in your request, then our Company will make every effort to contact you either by e-mail to the e-mail address you have provided or by telephone through a representative of our Company (or all of the above) in order to discuss with you any modification, correction or replacement of the product(s). If it is not possible to contact you for a period of 7 calendar days then your order will be fulfilled to the extent of availability and cancelled for the remaining part. In any case, any modification of your order will again be sent to you by e-mail to the e-mail address you have provided us with, and this message will be the confirmation of your order, on the basis of which your order will be executed. The dispatch of the products will then be carried out on the basis of Article 7 below).

5.5. To place an order on the “Website” you must be over 18 years of age. Visitors under the age of 18 are not allowed to exchange data or any information with us. It is your responsibility 1) to provide true, accurate, current and complete personal data as requested by the “Company” or the “B2B” department employee when confirming your order and 2) to take care of the data and update it immediately after any change to ensure its correctness, timeliness and completeness. When you place an order, you commit that all the information you provide is true and accurate, that you are an authorized user of the credit or debit card you used to place your order and that there is a sufficient balance to cover the cost of the products. In any case, the Company reserves the right to carry out the audits referred to in Article 5.3. ii) above.

Restrictions on the purchase of products due to age:

The purchase of certain products available through “B2B” is subject to the age requirements set by law. We are not permitted by law to supply these products to persons who do not meet these age requirements and, if you are a minor, you should not attempt to order these products through B2B. In particular, please note that age restrictions apply in Greece for the purchase of the products listed below. By placing an order for any of the products below you confirm that you (or, the recipient of the products) meet the age requirements necessary to purchase that product:

– Alcohol. Alcohol may only be purchased by individuals aged 18 years or older.

– Chocolates with Liqueur. Chocolates with Liqueur can only be purchased by adults, and by people aged 16 years or older.

5.6 Please note that due to the nature of our products, the majority of which are products that can be altered or expire soon, or are perishable and therefore sensitive products, it is the customer’s responsibility to follow the instructions provided on the product packaging or on our Website. The customer is also responsible for the products from the moment they are delivered by the carrier. Similarly, due to the nature of the products offered, we do not assume responsibility in case the product is not received by the customer when payment is made at the time of delivery at the customer’s premises or when the product is picked up from one of the FOODS stores within the Attica Region, on the day of delivery through the customer’s own fault, i.e. on the first delivery attempt. The “Company” reserves the right to change at any time the specifications listed on its website with respect to any product without prior notice.

5.7 When you place an order, you will receive an e-mail confirming that we have received and accepted your order. Cash payment is valid in case of receiving your order from one of the FOODS stores of “Company” within the Attica Region.

In case you choose “deposit to a bank account” of the “Company”, the order will not be executed until the bank account of the Company is credited. Please note that payment by cash on delivery or cash is only possible in euros.

5.8 In the course of completing your order you will receive a series of automated e-mails, which will report the progress of your order.

  1. I) These e-mails concern the following steps:
  2. a) Order confirmation: as provided for in Articles 5.3 and 5.4 above.
  3. b) Order processing: When the products of the order have been collected and have been scheduled for shipment to your location which will be accompanied by the delivery note.
  4. c) Order pending: If any of the products in your order have not been collected and are pending, we will contact you.
  5. d) Customer receipt: Your order has been delivered to the address you provided. Receipt/invoice included.
  6. e) Cancelled: Your order was cancelled for reasons stated in the present Terms and Conditions
  7. II) Also, in case any pending issue or problem arises during the processing of your order, then you will receive a corresponding e-mail and/or we will contact you by telephone at the numbers you have given us during the registration or listing of the order on our website.

5.9 By sending an order request, you consent to receiving the above notifications, which are a prerequisite for the proper progress of your order. We kindly ask you to make sure that these e-mails can reach you and to keep them throughout the duration of our transaction. In the event you do not receive the relevant e-mails, it is your obligation to contact the Company’s “B2B” department via the Contact Us section. The parties agree and accept that the communication described in Article 5.8. and the way of conducting it (via e-mail or telephone communication) also covers the legal requirements of written notification to you, notification of you, confirmation of your order, where and when required by law.

In case you wish to express objections, or for us to provide you with clarifications about the content of an e-mail you have received as described above, or for any other reason, you can contact us through the “Contact us” section.

  1. Prices

6.1 The “Company” generally reserves the right, and the user of the “Website” accepts it, to freely update its pricing policy, to modify the prices displayed on the website and to change and/or withdraw the offers at any time with or without prior notice to the users of the “Website”, who will be informed of the current pricing at any time by the relevant notice posted on the website. The prices of the products are those in force at the time of acceptance of the customer’s order by the “Company”. Specific prices are shown in the online catalogue of the “Company” on the “Website”. However, the final selling price of the product is the price communicated to the customer upon acceptance of the order by the Company. Although we endeavour to ensure that all details, descriptions and prices displayed on this Website are accurate, errors may occur.

In case the customer orders something with the wrong price, the “Company” will inform the customer of the correct price, and if the customer wishes to continue the order, then the new price -corrected by the “Company”- will apply to the order. If we are unable to contact you, we will consider the order cancelled.

Prices are in Euro and are combined. They include the corresponding statutory VAT. Possible other costs will be included as agreed and indicated in the respective offer e.g. shipping costs.

The “Company” is not responsible and does not cover price differences of products purchased from a physical store of the “Company” for which the customer has subsequently found out that a lower price exists in its online catalogue or vice versa.

The various product offers are valid until stocks are exhausted.

  1. Policy on delivery

7.1 For your convenience, our “Company” provides you with alternative ways of receiving and delivering products. When you place your order, you are requested to choose how you wish to receive or ship the products you have ordered. Depending on the method you choose, the total final cost of your order will be determined, and the payment will be included in the order confirmation.

7.2. The “Company” shall do its utmost for prompt shipment. However, there may be reasons that will prevent it from meeting the scheduled delivery date. For this reason, any date for the dispatch of goods for which you give notice is merely an estimate and the Company cannot guarantee that the dispatch will actually take place on the predefined date.

Your order is considered binding and cannot be cancelled once you receive an e-mail from the “Company”‘s “B2B” department indicating “In Shipment” or “Available for Delivery”. Returns to the products are not accepted.

In the event that the “Company” is unable to dispatch the products on the predetermined or agreed date, it has the option to cancel the order and to refund the “Customer” any amounts paid. If an order is cancelled, the “Company” is only obliged to refund the customer the amounts paid.

  1. i) Picking up your order from one of the “Company’s” Food Shops (FOODS) located within the Attica Region can be done during the days when the “Company” is exercising commercial activity, i.e. Monday – Saturday and during the hours when the respective store is open, excluding public holidays. Upon receipt of the order from one of the “Company’s” Food Shops (FOODS) located within the Attica Region, the Customer can benefit from the privileges of the M&S Bonus Card according to those applicable in our stores.
  2. ii) In the event that you wish the order to be shipped to a delivery address that “YOU” will choose, within the Attica Region, then the delivery will be made by our “Company’s” means of transport for deliveries within the Attica Region, Greece. Our “Company” will take all necessary measures to ensure the timely delivery of the order to the Buyer within its basic delivery schedule. We cannot guarantee either the time of arrival or the exact time of delivery of the products of the order. Our Company is not responsible for any delays caused by force majeure or fortuitous events or events beyond its control. In the event of any delays, our “Company” will make every effort to contact you as set out in Articles 5.4 i) and 5.8 above.

For orders that will be delivered to the Customer in the manner described in paragraph 7.2.ii), it is not possible to use the M&S Bonus Card and, by extension, the Customer cannot benefit from the privileges offered by the Company by using the M&S Bonus Card (offers, points, discount coupons, etc.).

7.3. Product deliveries are made to addresses anywhere within the Attica Region. The products will be sent to the address you have indicated in your e-mail, by means of transport of our “Company”. The product(s) will be received by the person referred to in the order as the recipient or by a person who appears to act on his/her behalf, at the delivery address of the order, by showing his/her police ID or passport (recommended). The details of the person (name and surname in capital letters) who received the order are recorded on the slip of the delivery document that must be returned to the “Company” signed by the recipient. Shipping will be done in a way that “We” will choose. In areas where it is not possible to send your order, we will inform you to choose which FOODS store of the “Company” (within the Attica Region) you prefer in order to receive your order. Shipments will be made daily, excluding Saturdays, Sundays and holidays.

7.4. The “Company” has the right to make partial deliveries of products and in the order of dispatch of its choice. In this case, each departmental delivery is the subject of a separate contract. In the event that the “Company” delays one or more partial shipments or cannot even carry them out, this does not affect contracts for products that have already been shipped or are to be shipped in the future. If the “Company” notifies you that it is unable to make certain partial deliveries, it assumes that you accept the shipments already received.

7.5. Without prejudice to any special charges for transport and delivery that will be expressly provided for in a product posted on our website, the general pricing policy is the following:

Regarding shipments within the Attica Region (Greece) with our own means of transport, when the value of the order is greater than or equal to €40, the delivery to the location of the customer’s choice is free. For orders whose value is less than €40, delivery to the location of the customer’s choice is not possible unless the order is picked up from a MARKS & SPENCER FOOD store within the Attica Region.

Please note that all the above prices may change at any time.

7.6. Receiving products from you: It is your responsibility to check the condition and completeness of the products upon delivery. If you did not check the products during or immediately after receipt and did not inform the “Company” within 24 hours after receiving the products from “WE” of any defects or deficiencies, they are considered received in perfect condition and with all other items intended to be in the package.

7.7. Free shipping: Free shipping for deliveries within the Attica Region of Greece is only valid for orders over €40 (including VAT).

7.8. If you are not present at the time of delivery to collect your package, the courier will leave you a note with instructions on how to collect your order. In this case, the risk of loss or damage to the goods is transferred to the buyer, taking into account their fragile nature as expressly stated in article 5.6. above. The distributor will attempt to deliver the product to you up to 2 times. In the event that you have chosen payment by cash on delivery and you do not contact the “B2B” Department of our Company through the “Contact Us” section to receive the product within 3 days of the failed delivery attempt, your order will be automatically cancelled.

  1. Reservation of Proprietary Rights

The “Company” retains unlimited ownership of the products shipped until all invoices have been paid in full and (to the extent permitted by applicable law) in cases where you have already paid for other products you ordered. If the invoices are not paid on the date they are due or the credit card company refuses payment or for any reason requires the “Company” to refund the amount paid for certain products, the “Company” retains (subject to applicable legal regime) the right to prohibit the customer from using or reselling these products, to enter the customer’s premises and take back possession of the products (or to authorize a third party to do so).

  1. Right and terms of refund or exchange of products

The possibility of returning or changing products lies in the Company’s commercial policy.

9.1. Our goal is to ensure total customer satisfaction. In any case, we invite you to check the products upon receipt. However, if you receive a defective product or if any other problem occurs, please contact our “Company” B2B Department immediately (within 24 hours) via the Contact Us section for more details. Please also read Article 7 of the Delivery Policy which governs the issues of returns and applies in its entirety with this one.

9.2. In the case of a defective product, it will be replaced with the same one or, in case of lack of the specific product, with an alternative product of equal or greater quality and value, at no additional cost to you. However, in this case, you will always have the right to accept or decline any products or services that will replace the original ones.

  1. Payments

10.1. In order to improve our services, our Company offers you the opportunity to choose the method of payment for the products you are interested in buying. In this context, you are given the opportunity to choose, as mentioned below, the method of payment for the products you are interested in buying, i.e. a) via credit card, b) via debit card c) by cash on delivery, d) payment by cash e) by deposit into the Company’s bank account. Please note that it is possible to combine different payment methods for an order.

10.2. Specifically, we accept payments with VISA, VISA Debit, MasterCard, Maestro cards. Cash on delivery at no additional charge for orders over €40. We also accept a deposit to the company’s bank account as a payment method. It is clarified that we do not accept checks as a means of payment for purchases.

10.3. As long as you have chosen the credit card as a method of payment, the process will be carried out and completed through our trusted partner, a banking institution that provides all the security guarantees of electronic transactions and in an environment of its own responsibility. The collection and processing of the payment details you send to us are only received by the partnered financial institutions who are solely responsible for processing them for the completion of the payment.

10.4. If you choose to pay by credit card, you must be present when receiving your order with your credit card and/or ID. In case the order is made in the details and on behalf of a company, then the credit card you use must be corporate. That is, it must have been issued to the data of the respective company. Also, during delivery, the authorized owner must be present with his credit card and identification. If, however, a person appears before the distributor at the delivery address you have picked, who declares that he/she is acting in your name and on your behalf following your relevant verbal authorization, then it is reasonably assumed by the distributor that he/she is acting in that capacity.

10.5. It is pointed out that payment upon receipt of the order at your location “REFUNDABLE” applies without additional charge. Pay with cash or credit / debit card and only in euros to the employee of our company, with the delivery of your order to your place, after first checking the product(s) you receive.

10.6. According to the applicable tax provisions, documents worth more than €500 to individuals (Retail Receipt) and to professionals/businesses (Sales Invoice) should be paid ONLY in the following ways:

  • Charge to credit or debit card
  • Bank account deposit

10.8. Discount coupons, promo codes, special offers

From time to time, we may offer promotional or discount coupons that will apply to specific purchases made through this Website. The terms of use of any discount coupon or promotional code will be specified at the time of issue and will clearly state their expiry date. In addition, the Free Shipping Service applies per promotional event, as it is not applicable in all cases. We also reserve the right to withdraw an offer, discount coupon or promotional code at any time due to limited availability in stock and for any other reason or reason, or to replace the product in an offer with a similar product from stock where possible.

  1. Payment Terms

11.1. Payment by Credit Card: The “Company” accepts payment for the order via credit card. For purchases with your credit card, you should select “You” through the “Website”, specifically when choosing the payment method, if you wish to pay by credit card. In this case, you should be present when your card is charged, having your credit card and your ID with you. Payment upon receipt of the order at your location, for orders over €40 (free cash on delivery):

You can pay our “Company” employee by credit card, upon delivery of your order to your selected location. This particular payment method applies to the Attica Region.

  • Purchase with payment of the entire amount in one installment:

For purchases with a retail receipt / Sales invoice up to €120, payment is made in one installment via your credit card,

For purchases with a retail receipt / Sales invoice of €120 or more, you can choose to purchase products by charging the total amount in one installment via your credit card,

  • Purchase with Interest-Free Installments: You can buy products in 6 interest-free installments via your credit card, for retail receipts / Sales invoices worth €120 or more.

11.2. Payment by Debit Card:

The “Company” accepts payment for the order via debit card. For purchases with your debit card, you should select “You” through the “Website”, specifically when choosing the payment method, if you wish to pay by debit card. Payment upon receipt of the order at your location, for orders over €40 (free cash on delivery): You can pay our “Company” employee by debit card, upon delivery of your order to your location. This particular payment method applies to the Attica Region.

11.3. Cash payment:

Payment upon receipt of the order at your location, for orders over €40 (free cash on delivery): You can pay our “Company” employee in cash, upon delivery of your order to your location. This particular payment method applies to the Attica Basin.

11.4. By deposit to a bank account:

You can pay off your order to one of the following bank accounts and send us the copy of the bank payment order by fax to 211-1087301 or by e-mail to info@marksandspencerfood.gr. Upon receiving the copy of the bank payment order, we send you your order.

11.5. Payment of your order at the FOODS store of the “Company” that serves you:

You can choose from the FOODS store list the closest store that serves you and there we can arrange the payment of your order at our store’s cash desk.

  1. Order change/cancellation

12.1. Change or cancellation of an order is accepted only if the Order Confirmation has not been sent, i.e. the order has not been completed. It must be pointed out that after Order Confirmation it is NOT possible to change the declared delivery address for any reason, for security reasons (anti-fraud). Since no confirmation e-mail has been sent for the order from the “B2B” department of the Company, a change can be made, after the Customer contacts the “B2B” Department of the “Company” through the “Contact us” section, while the total value of the order that will be formed after the change will not be of lower value than the original one.

12.2 In case of any problem, please contact the “B2B” Department of the “Company” for further details through the Contact Us section.

  1. Returns in case of actual defect or lack of agreed quality

13.1 Our aim is to ensure total customer satisfaction. However, if you receive a defective product due to our fault, or if any other problem occurs due to our fault, please contact our “Company’s B2B Department immediately through the Contact Us section for more details.

13.2. In all cases of product returns due to an established real defect or an established lack of agreed quality due to our fault, which were purchased from our online store, the following applies:

  1. j) The receipt of the product from our Company will only be done by our carrier after first contacting in time (within 24 hours after receiving your order from “EMAS”) the “B2B” Department of our “Company” through the section “Please contact us” to inform us about the identified problem that has occurred with a specific product. The product to be returned will be received exclusively from the delivery address you indicated when placing your order.
  2. ii) For a return to be accepted, the product must be in the condition it was received, unused, complete with the original packaging intact and the correct storage conditions have been maintained.

iii). The products, which are returned must be accompanied by the Retail Receipt/Sales Invoice or the Shipping Note. We especially point out that if there is none of the aforementioned documents accompanying the product, your request cannot be satisfied and the product will not be received by our Company.

  1. Disclaimer

14.1. We are not responsible for any loss or damage that may be caused by a denial of service attack, viruses or other technologically harmful material that may infect your hardware, software, data or other proprietary material due to your use of this Website or downloading any material posted on this or any Website linked to it.

14.2. The company and its partners make every effort, regarding the technological audit they carry out at regular time periods, so that the services, content and transactions on the “Website” are completed smoothly and without interruption and that the high level of security is maintained. It is not responsible, however, in the event that for any reason, including the case of negligence, the operation of the “Website” is interrupted or access to it becomes difficult and/or impossible and/or, despite the observed security measures, “viruses” are detected or other harmful software and are transmitted to the terminals of users/visitors, or if unauthorized third parties interfere in any way with the content and operation of the Website, making it difficult to use it or causing problems in its proper operation or intercepting information concerning personal data of users. We are also not responsible in the event of interruption of access to our website for reasons beyond our control, as well as for any technical or other network failure or force majeure or fortuitous events.

  1. Links to this Website

You may create links to our home page, provided you act in a fair and legal manner, without harming or taking advantage of our reputation, but you may not create a link that implies any kind of relationship with us, or endorsement or support by us where there is none. You must not create links to any Website that is not owned by you. This Website may not be framed on any other website nor may you create a link to any part of this Website other than the home page. We reserve the right to remove your login permission without prior notice.

  1. Amendment

The “Company” has the right, at its absolute discretion, at any time and without notice, to modify, remove or change the Services and/or any page of this Website.

  1. Invalidity

If any part of the Terms and Conditions is invalid (including any provision in which we exclude our liability to you), the validity of any other part of the Terms and Conditions will not be affected – all other terms will remain in full force and effect. In any event, where possible, a term/sub-term or part of a term/sub-term can be taken into account separately in order to make the remaining part valid, the term will be interpreted accordingly. Otherwise, you agree that the term must be corrected and will be interpreted to approximate the original meaning of the term/sub-term as closely as possible under the law.

  1. Communication

18.1 We always appreciate our customers’ feedback information or other suggestions about our Website and our Company, but you must understand that the fact that we use this feedback does not imply any obligation to use it or to compensate you for it (just as you do not have no obligation to send it to us). By submitting any material to us, you agree to use the Website in accordance with these Terms and Conditions. If you do not wish to grant our Company the abovementioned license in relation to these terms, please do not submit or share any content on the Website, otherwise we will infer that you have accepted our Terms and Conditions.

18.2. When you visit the Website or send us e-mails, you are communicating with us electronically. We communicate with you by e-mail (e-mail – newsletters) or by posting announcements on the Website. As part of the contract, you agree to receive electronic communications (email – newsletters) from us, as well as that all agreements, announcements, disclosures and other communications that we provide to you electronically meet all legal requirements for written communication.

We have a procedure in order to deal with complaints and to resolve any dispute that may arise. If you have any complaints or comments, please contact our Company’s B2B Department immediately through the Contact Us section.

  1. Waiver

19.1 To the extent permitted, we hereby exclude liability for any claims, losses, demands or damages of any kind relating to the Website or the data appearing on it, including without limitation any direct, indirect, incidental or consequential losses or damages , whether these arise from the following indicative matters, loss of profits, loss of income, loss of data, loss of use or otherwise, whether or not the “Company” had notice of the possibility of such losses. The foregoing shall apply whether such claims, losses or damages arise in tort, in contract, in negligence, under applicable law or otherwise. However, when you use our Services, your legal rights are not affected. Please keep in mind that our website is provided “as is”. Consequently, access to it is solely the responsibility of the visitor/user.

  1. Applicable Law and Jurisdiction

These terms are governed by and interpreted in accordance with the laws of Greece and the European Union (EU). You agree, as do we, that you submit to the exclusive jurisdiction of the courts of Athens, Greece, Europe.

  1. Entire Agreement

21.1 The above Terms and Conditions and the Privacy Policy form an integral part of the “Terms and Conditions” and bind the parties (the company and the users) as a whole and constitute the entire agreement of the parties and supersede any and all prior and current agreements between “You” and “Us”.

21.2. In the event that any term of the contract is deemed to be abusive or invalidated, this does not affect the other terms of the contract which are still valid and binding on the parties.

21.3 Any delay by the parties in exercising part or all of the rights deriving from these terms does not result in a weakening or waiver of said right which may be exercised at any time at a later stage and at the reasonable discretion of the beneficiary.