– the right to ask us to erase personal data held about you; if we no longer have a legal reason to keep it (the right to erasure or to be forgotten); If any of these Terms and Conditions are held by a court of competent jurisdiction to be illegal, invalid or unenforceable, the remaining Terms and Conditions shall remain in full force and effect. C. Terms and Conditions of Sale: You can review the legal terms that apply to each product or service you order from marksandspencer.com here. ABOUT OUR TERMS AND CONDITIONS This page contains information about who we are and the legal terms that may apply to your use of marksandspencer.com and any products or services you order from us. To help you find the information you are looking for, we have divided these Terms and Conditions into 5 sections. These are: – where we have the legal right or obligation to use or disclose your information (for example, in connection with an investigation by a public authority or a legal dispute). British retailer Marks & Spencer has added two new deputy general counsel to its legal team. E. Privacy and Cookies Policy: You can find out what personal data marksandspencer.com collects and uses about you when you access, browse and use this website (including registering on this website), and see what rights you have to control our use of your personal data here – your legal rights in relation to your personal data.
What is immediately apparent from M&S`s complaint documents is that the discrepancy appears to be the main plea, with trademark infringement being invoked as a secondary plea. M&S`s claim of trademark infringement is based on three registered trademarks: two word marks consisting of „COLIN THE CATERPILLAR“ and „CONNIE THE CATERPILLAR“, and a figurative mark covering the outer packaging of the product for goods in Class 30. Unless otherwise stated on this website, materials on this website are displayed solely for the purpose of promoting Marks & Spencer`s products and services available in the United Kingdom. However, Marks & Spencer may accept orders for delivery outside the UK, subject to customs, regulatory and certain practical restrictions. Those who access this website from locations outside the UK or place orders for delivery outside the UK are responsible for compliance with local laws if and to the extent local laws are applicable. OWNERSHIP OF RIGHTS Free UK delivery applies to clothing, home and beauty from marksandspencer.com for orders over £50 online in a single order delivered to a single address. Offer excludes wine, furniture, gift cards and custom shirts. The value of baggage is calculated including all other promotions. All risk of the Products ordered by you (including the risk of loss and/or damage to the Products) passes to you when they are delivered to the delivery address specified in your order.
We will not be liable for any delay or non-delivery of the Products if the delay or failure is due in whole or in part to circumstances beyond our control. In the UK, shipping refunds can only be made in accordance with your statutory rights under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 and other applicable laws. Similar rights may apply to certain international deliveries. For more information on your statutory rights, please see the `Your right of withdrawal` section below and contact your local authority`s business standards department or consumer advice centre (e.g. the Citizen`s Advice Bureau for UK clients). Please note that completing the online payment process does not constitute acceptance of your offer to purchase products or services from us. We will notify you by email as soon as possible to confirm that we have received and are processing your order. Our acceptance of your order will not take place until we have taken your payment and dispatched the product(s) or when we have commenced the services you have ordered from us. Prior to shipment of the Product(s), M&S has the right to refuse an order for any reason, including legal and regulatory reasons. In general, we only rely on consent as a legal basis for processing personal data in connection with sending direct marketing communications to customers via email or SMS.
These General Terms and Conditions of Sale („Terms and Conditions of Sale“) apply to all orders you place through www.marksandspencer.com and to all products you purchase in-store from M&S. PART B: WEBSITE TERMS AND CONDITIONS The Terms and Conditions apply to your use of the M&S website under www.marksandspencer.com (the „Website“) and to any products you purchase from M&S. The Terms and Conditions apply regardless of how you access the Website, including any technology or device used by M&S to make the Website available to you at home, on the road or at work. You should read these terms and conditions carefully, and we recommend that you print and retain a copy for future reference. By accessing, browsing, using, registering or placing an order on the Website, you acknowledge that you have read, understood and accepted these Terms and Conditions in their entirety. If you do not agree to these terms and conditions in full, please do not use this website. If you are a corporate customer, please read our Terms and Conditions. Proving that goodwill exists in the appearance and presentation of the product without indication of origin (in particular through the packaging and the reference to the name Colin) can be difficult for M&S. For example, Freddy SPA v. Hugz Clothing & Ors  EWHC 3032 concludes that disclosure may result from a false post-sale statement about a product`s design and aesthetics, as opposed to branding alone.
Although even with the Freddy SPA decision, there are questions as to whether the transfer after the sale is punishable, it will be interesting to see if the decision in this case is treated positively in court.