Any questions? Call us: +34 959 122 687

GENERAL TERMS AND CONDITIONS OF THE FÉLIX DE MÚRTIGA STORE

The proprietor of this Website is FÉLIX DE MÚRTIGA, S.L.U. (“FÉLIX DE MÚRTIGA”), with registered address at C/Marqués de Aracena 98, 21360 El Repilado (Huelva), with VAT code B-21596424, registered in the Trade Register of Huelva in Volume 1,121, Folio 126, Sheet nº H24800 and with sanitary registrations 10.15687/H and 10.08127/H.

You can contact us by the following means: 

– Telephone: 959 122 687

– E-mail: info@felixdemurtiga.es

Our Consumers or Users (hereinafter, “Users or Customers”) can purchase Products via the web portal felixdemurtiga.es. Once the Product has been selected, the screen shows the information available on it, its characteristics, utilities and price and one or more illustrative photographs. 

At present, purchases can only be made for shipments to the Peninsula and the Balearic Islands. We hope to be able soon to reach more places, and in the meantime we offer you our apologies.

Before formalising the contract, the Users must verify and evaluate whether it meets their needs. There may also appear information on technical assistance, after-sales services and other commercial guarantees which may correspond to the Customer if they exist.

The User must be aged 14 or over and must provide the necessary details and accept the present Conditions.

The fact that the User completes the order form does not imply the automatic acceptance of the order by FÉLIX DE MÚRTIGA, which will be understood to have accepted it when it sends the User an automatic e-mail acknowledging receipt of the order.

Purchasing procedure:

The Customer must follow the on-screen indications and add Products to the shopping cart, with no commitment to purchase. The Customer can visualise the cart or empty it by eliminating the Products.

If you wish to continue with the purchase, you must accept it by clicking on the “Complete Purchase” button and accepting the conditions, the legal notice and any particular conditions entailed by the purchase of the Product/s.

At that moment, if it has not been supplied previously, the Customer will be asked to register their personal information in fields marked with an asterisk which are obligatory for correct shipment. 

To complete the purchasing process, you have to click on the button marked “Place order” (or a similar expression), which entails confirming the purchase with the obligation to pay.

Help pages may appear during the purchasing process to give the Customer extra information.

When the purchase of an item is formalised, and once payment has been received and confirmed by FÉLIX DE MÚRTIGA, the acceptance of the purchase will be confirmed by e-mail, the order being shipped within 48 hours of purchase. If the Products are not available, the Customer will be duly informed by e-mail.

We inform you that FÉLIX DE MÚRTIGA implements all the necessary measures for you to make your purchases with complete confidence and security. All the commercial transactions are carried out in a secure server environment under the SSL (Secure Socket Layer) protocol, which guarantees the security and privacy of your data.

For further information on data protection, you can consult our Personal Data Protection Policy.

The contract terminates once the Product has been delivered, although the guarantees and the data are maintained for legal and commercial reasons (if you accepted them).

Under no circumstances will FÉLIX DE MÚRTIGA answer for any other type of damages, whether actual, direct, indirect or of any other type, or for any loss of income the purchaser may have suffered due to problems deriving from the sale and shipment of the Product.

FÉLIX DE MÚRTIGA will not answer for any delays of inaccurate or erroneous publication when these are the consequence of facts or circumstances beyond its control, including, to illustrative and non-limitative purposes, governmental action, pandemic, fire, flood, insurrection, earthquake, technical failure , hacking, mutiny, explosion, embargo, legal or illegal strikes, shortage of personnel or material, interruption of transport of any manner, delay in work, or any other circumstance beyond its control.

For any additional information concerning your order or billing, you can contact the Customer Attention Service via the e-mail address info@felixdemurtiga.es.

Delivery timescales:

The delivery period will be approximately 48-72 hours after the exit of the Product from our premises, for shipments within the Peninsula and the Balearic Islands, although this period will depend on the transport firm.

You can access this information from any operating system, platform or browser. If you have any problem, please contact us.

Price, payment methods and certifying documentation 

The price of the Products is defined in Euros and will be that established in the corresponding pages of the Website for each Product, being valid throughout the time they remain accessible in the Website.

The payment method for the Product will be by means of a credit card via a Virtual POS with a Redsys payment gateway. For individual retail Customers, payment can also be made via Bizum.

The VAT currently in force in Spain at each time is understood to be included in the price of the Product.

The price of the Products does not include the shipping costs, which will be on the Customer’s account, unless expressly stated otherwise. The Customer will be duly informed of the amount of these costs, which will be set out prior to the confirmation of the order and the payment, and the costs of transporting the order to your address must be confirmed and accepted before formalising the order, since they vary according to the size and weight of the Product or the place of delivery.

In general, FÉLIX DE MÚRTIGA will send the confirmation of reception of payment by e-mail.

The prices and shipping costs indicated in the Website apply exclusively to the Products offered via the Website and during the time they remain published. FÉLIX DE MÚRTIGA expressly reserves the right to modify the prices at any time by means of publication in the Website itself. However, the current rates indicated in the Website will be applied to each order at the moment when it is placed.

Guarantee

In the matter of guarantees, FÉLIX DE MÚRTIGA, in its condition as seller, will answer towards the Customer in the terms laid down in Royal Decree nº 1/2007 of 16 November passing the redrafted text of the General Act on Defence of Consumers and Users and other complementary laws. In accordance with this legislation, and without prejudice to the right of FÉLIX DE MÚRTIGA to examine defects and determine their origin and moment of appearance, the Consumer and User is entitled to request the collection of the defective Product within a maximum of one month of receiving it, being obliged to inform FÉLIX DE MÚRTIGA in writing of the nature of the problem at the moment of its appearance. 

The provisions of these General Conditions will not contradict in any manner the terms of said legislation, which will prevail in all cases.

All the Products indicate their “best before” date and the necessary conditions for their appropriate conservation.

All the Products have been submitted to careful quality control and are placed on the market according to the standards homologated by the applicable legislation and the brand. Personal opinions on the salt point, degree of curing or aesthetic characteristics of the piece will not be considered to identify defects of the Product.

If a complaint is accepted, the Product may be returned via the Store by completing the web form attached to the request for return, or by way of the Customer Attention Service.

Without prejudice to the right of FÉLIX DE MÚRTIGA to examine defects and determine their origin and moment of appearance, the Customer must request the collection of the defective Product within one month of receiving it.

In the case of hams and shoulders, under no circumstances will complaints be accepted on pieces which do not conserve 80% of their original weight. In the case of sausages, they must maintain 90% of their original weight.

If FÉLIX DE MÚRTIGA observes that the Product was actually not in good condition and this is not imputable to the Customer (particularly to inappropriate conditions of conservation), FÉLIX DE MÚRTIGA will take charge of replacing it at no cost to the Customer.

If, on the contrary, FÉLIX DE MÚRTIGA understands that the defect originating the complaint is due to a cause imputable to the Customer, or that the piece is in good condition, it will return the Product to the User, who must accept the costs of collection and return.

User’s obligations

Any commercial use of the Products with a registered trademark is expressly prohibited except with the express authorisation of FÉLIX DE MÚRTIGA or the proprietor of the registered trademark.

The User undertakes to pay the price of the Product and to make use of it in accordance with the Law and these General Conditions.

The User undertakes to maintain the confidentiality of their password and to notify us immediately if they suspect any unauthorised use of their account or access to their password.

The User undertakes not to use the account, the username or password of any other User.

Obligations of FÉLIX DE MÚRTIGA

FÉLIX DE MÚRTIGA undertakes to place at the User’s disposal the necessary information relating to the Product and, once the purchase has been made, to send them confirmation by e-mail stating the receipt of the order made and confirming the payment.

In addition, it will issue an invoice or ticket and provide it to the Consumer along with their order.

Withdrawal

If you are not satisfied with the Products purchased in our online Store, you are entitled to withdraw from the contract by returning your purchases as set out in the following paragraphs.

In accordance with Article 68 of Royal Legislative Decree nº 1/2007 of 16 November, the withdrawal period will expire 14 calendar days after the day on which you or a third person designated by you, other than the haulier, received the order, the User assuming the amount of the costs of return.

Returns of Products due to withdrawal will only be accepted if they meet the following requirements:

  • The order must be returned with all its Products, with is original packaging and its original unbroken seal, with all its accessories and in perfect condition. 
  • No returned Products will be accepted which are not sent in their original packaging, unless they have suffered some type of damage during shipment or for some other justified cause.

The User must return the purchased Product in perfect condition (neither damaged, nor dirtied, nor opened), correctly protected and in its original packaging. Before returning the Product, the User must ensure that it is correctly protected and sealed to prevent any damage during transport.

Once the Product is received, we will repay you both the principal amount and the shipping costs you paid at the time, but the return transport costs will be on your account.

The Consumer will be liable for any decrease of value of the Products resulting from being handled in a manner different from that necessary to conserve their nature, their characteristics or their functioning.

The Consumer must announce their intention to withdraw by any means admissible in law: by calling the telephone number 959 122 687 and/or sending an e-mail to info@felixdemurtiga.es or a letter to the address set out in these Conditions, and by returning the Product by postal package, assuming the costs of said return. In the communication, the Consumer must state all the details of the order, identification, reasons for the return and a photograph of the Product as it was delivered in the event of being defective.

The mere fact of returning the package to the address C/Marqués de Aracena 98, 21360 El Repilado (Huelva) will be sufficient to consider that said right has been exercised, provided the package complies with the conditions for being returned.

However, we provide you with a withdrawal form at the end of this section, which it is not obligatory to use.

Once FÉLIX DE MÚRTIGA has received the announcement of return (as the case may be) and the returned Product, it will refund the monetary amounts paid by the User within a maximum of 14 days, including taxes and shipping costs, not applying any discount or penalty whatsoever provided the returned Product complies with the requirements laid down in these Terms and Conditions. The refund will be carried out by the same method as the User’s original payment.

The User will only have to refund an amount for any decreased value of the Product resulting from use not complying with the agreed terms or the characteristics of the Product, for imprudent damage caused by not following the maintenance instructions of the item, or for wilful damage.

In the event that the return is due to defects of the Product, the legal rights and warranties on defective products apply under the provisions of the legislation applicable to that effect, the Company assuming the return transport costs.

The right of withdrawal is only valid for Consumers, including any legal persons and entities without legal personality which act on a non-profit basis in a sphere foreign to a commercial or entrepreneurial activity. Any traders or companies which acquire Products within the framework of a commercial or entrepreneurial activity will not enjoy the right of withdrawal.

Liabilities

The User will be entirely liable for the use they make of the purchased Product, and holds FÉLIX DE MÚRTIGA harmless from any liability arising out any damage which may be caused by any incorrect use of the Product. Specifically, the User will be liable for:

  1. Any acts which breach the provisions of these General Conditions, the Law, morality, generally accepted customs and public order.
  2. Any act the User may perform in a manner different from that stipulated in the indications or instructions concerning the functioning and use of the Product.
  3. The truthfulness, accuracy, validity and currency of the details the User enters into each one of the forms which FÉLIX DE MÚRTIGA requires in the Website.
  4. Any direct or indirect loss or damage which may have been caused by any third person if the User has lost, disclosed, mislaid or in any other way allowed a third person to know for imputable causes their personal data required for contracting the Product.

Right to refuse the order

FÉLIX DE MÚRTIGA reserves the right to exclude or not to permit the purchase of the Product whenever it considers that this breaches the current regulations, the General Conditions, morality, generally accepted customs and public order, when it causes harm to a third party, or when for reasons related with its own image and the reputation of its Website FÉLIX DE MÚRTIGA does not consider such purchase advisable. In this case, if payment has already been made it will be refunded.

Information and amendment

FÉLIX DE MÚRTIGA warrants that it has shown the present Terms and Conditions to most of the possible interested parties, on a date prior to them being able to contract the Products, thereby complying with the prior information period. The User may consult these General Conditions at any time on our Website.

The validity period of these Conditions coincides with the time of their exhibition until any moment at which the terms and conditions stipulated here may be modified totally or partially in a unilateral manner, the User being obliged to consult our General Contracting Conditions every time they access our online Store.

If any clause of these Conditions is declared null and void, it will be deemed excluded without affecting the rest of the Conditions.

Assignment and subrogation

FÉLIX DE MÚRTIGA may contract service providers and collaborate or assign the formalised contracts to third parties in order to carry out the supply of the totality or a part of the Products which it undertakes by virtue of whatever operations are being formalised.

Discharge and termination

The present contract will be discharged when both parties fulfil the obligations which they undertake herein or when it is terminated by one of them in the event of any of the causes laid down for termination, or if the counterparty seriously breaches any of the obligations laid down in the contract.

Notices

Notices must be sent by any certified means to the following address: FÉLIX DE MÚRTIGA, at C/Marqués de Aracena 98, 21360 El Repilado (Huelva).

Applicable law, jurisdiction and validity period

FÉLIX DE MÚRTIGA informs you that the present Legal Notice and the General Contracting Conditions are governed in each and every one of their points by the Spanish legislation. The present contract is drafted in the Spanish language.

As the Consumer enjoys regulatory protection, they may submit claims or demands from the jurisdiction of their home address.

Both parties submit, expressly waiving any other jurisdiction, to the competent Courts and Tribunals in the domicile of FÉLIX DE MÚRTIGA, in El Repilado (Huelva, Spain), in the following cases:

  1. If the purchaser party has its domicile outside of the European Union in a country which has no bilateral or multilateral agreement with Spain which prevents the possibility of fixing the express submission of the jurisdiction;
  2. If the purchase is made by a company which is acting within the framework of its entrepreneurial or professional activity.

Contact us

If you have any question regarding the present Conditions, or if you would like to make any suggestion or recommendation, please contact us at the following e-mail address: info@felixdemurtiga.es.

Online Dispute Resolution

In accordance with Regulation EU 524/2013 on Online Dispute Resolution (ODR) in consumer matters, we inform you that as a consumer you have at your disposal a procedure for resolving disputes arising out of the online sale of goods and services in the EU.

You have at your disposal the EU’s ODR platform RLL:

http://ec.europa.eu/consumers/odr/

You can obtain further information in the following link:

http://eur-lex.europa.eu/legal-content/ES/TXT/PDF/?uri=CELEX:32013R0524

Form for exercising the right to cancel a remote purchase

(This form must only be completed and sent if the Consumer wishes to cancel the purchase contract.)

For the attention of _______________________ – Customer Attention (Returns)

C/Marqués de Aracena 98, 21360 El Repilado, Huelva

I, Mr./Ms. ________________________________ (forename(s) and surname(s)), resident at ________________________________ (full address), with telephone number  _______________  and e-mail address _____________________, or a third person designated by me (and different from the haulier), acquired the material possession of the items forming the object of the present contract, with order number ________________________.

I hereby inform you that I withdraw from my purchase contract of the following item: ___________________________________________ ordered on (date DD/MM/YY) //______ and received on (date DD/MM/YY) //_____, as I am within the period granted to me by law.

In (locality) _____________________ on the (day) _________ of (month) _______________ of (year) 20___.

Signed: Mr./Ms. ___________________________________________