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TERMS OF SALE
GENERAL PROVISIONS
These General Terms and Conditions of Sale describe the terms under which Murmells sells, and a consumer (“you”) purchases, Murmells products through the website https://www.murmells.com/
Our General Terms and Conditions shall apply to any contract for the sale of products by Murmells to you through the website.
The sale of products through the website is available only to consumers, meaning natural persons acting for personal consumption purposes (i.e. for purposes outside their trade, business, craft or profession and without profit intent). If you are a minor, you must expressly confirm that you have obtained the consent of a parent or legal guardian to purchase a product before placing an order.
We reserve the right to modify or update all or part of our General Terms and Conditions from time to time. When we do so, we will publish the revised version and indicate the “Last Updated” date at the top of these Terms. The contract between you and us will be governed by the Terms in force at the time you place an order.
These General Terms and Conditions should be read together with our Privacy Policy, available at https://www.murmells.com/politica-de-privacidad, which explains how we use your personal data, and our Cookie Policy, available at https://www.murmells.com/politica-de-cookie.
PRODUCT INFORMATION
Information about our products and the corresponding prices is available on the website.
The images of products displayed on the website are for illustrative purposes only. While we have made every effort to display the products accurately, we cannot guarantee that the display of our products on any device will reflect them precisely. In particular, the colours, fabric, tone, grain and texture of the products shown on your screen may vary from those of the actual product. You should therefore rely exclusively on the product descriptions and their characteristics as provided on the website.
We may change or discontinue a product or any of its features, as described on the website, at any time and without prior notice (this does not affect products for which an order confirmation has already been issued, as defined below, at the time of the change). During the checkout process, we will inform you if your order cannot be processed, in whole or in part, due to the unavailability of one or more requested products. If one or more of the requested products are unavailable, your order will be cancelled in whole or in part (as applicable), and you will only be charged for the available product(s).
In the event of a failure in your connection to the website, your selection of products may be lost. In such case, you will be required to re-enter your selection. Please note that products in your shopping cart are not reserved and may be purchased by other customers. Under no circumstances shall we be liable to you for the unavailability of a product as a result of a failure or loss of your connection to the website.
PRICING
Product prices are indicated on the website in euros and include VAT, sales taxes or any other applicable taxes. Prices do not include shipping costs, which, where applicable, will be added to the price of the products and communicated to you during the checkout process before you confirm your order.
We make all reasonable efforts to ensure that all product prices displayed on the website are accurate. In the unlikely event that a product is listed at an incorrect price (including pricing errors or typographical mistakes), we will cancel your order and terminate the contract.
Notwithstanding the foregoing, we reserve the right to modify product prices at any time and without prior notice. However, such changes will not apply to products for which we have already received an order.
ORDER PROCESS
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When placing an order, you may be required to create an account/profile with us and complete certain mandatory fields. By selecting “Create my profile”, you confirm that you accept our Privacy Policy.
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Before placing your order, you will have the opportunity to review your selection, check the total price and correct any errors.
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Once your order has been placed, a contract will be formed between you and us, and you will receive an email from us confirming your order. Notwithstanding the foregoing, we reserve the right to cancel your order and terminate our contract with you, in whole or in part, without any liability to you, for legitimate reasons such as:
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Our inability to obtain authorization for your payment;
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A report or suspicion of fraudulent, illegal or unauthorized activities, including suspicion of purchases made for commercial purposes.
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In the above situations, we will send you an email informing you of the cancellation of your order and the termination of the contract between you and us.
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The order confirmation will include the order number and all information required under applicable law, including, without limitation, key details of the purchased products, the price and the delivery address. Details of your accepted orders are available in “My Account” or “My Profile” if you have created an account/profile.
PAYMENT TERMS
You must pay the price of the products (including VAT, sales taxes or any other applicable taxes), the cost of any additional services you request (e.g. additional charges for customized products), where applicable, and any associated shipping costs.
We accept payments made in the currency specified for the destination country/region using the payment methods presented to you before placing your order. We may also offer payment methods (such as Klarna or PayPal), for which you will be required to accept the terms and conditions of the relevant payment service provider. You may review these terms by clicking on the link provided before confirming your order.
We accept no responsibility for (i) the terms of such payment service providers, their privacy and security practices, or the way in which they conduct their operations, or (ii) your use of the relevant payment method. Such payment methods provided by third-party service providers may not be available for all purchases, and your eligibility to use them will be determined solely by the payment service provider.
If your payment cannot be processed for any reason, we will cancel your order and our contract with you will terminate immediately, without any liability to you. We will notify you accordingly in writing.
You are responsible for any charges or fees, if applicable, applied by your card issuer, bank or other payment provider as a result of our processing of your payment.
DELIVERY
The purchased products will be delivered by a courier service selected by us. Products will be delivered to the address you provided in the order form or to one of our stores offering a click & collect service in the destination country/region, as selected by you. We shall not be responsible for delivery issues arising from incomplete or incorrect addresses. Please note that we do not deliver to P.O. boxes.
We will take all reasonable measures to deliver the purchased products within the estimated timeframes communicated to you during the checkout process before placing your order, and in any event no later than thirty (30) days from the order confirmation, except in cases of force majeure.
We will send you an email to notify you once your order has been dispatched. If delivery has not taken place within thirty (30) days from the order confirmation, you may (i) notify us of your intention to suspend payment of all or part of the price until the product is delivered, or (ii) specify a new delivery date and, if this new date cannot be met, you may terminate the contract. In such case, we will refund all amounts paid under the contract within fourteen (14) days from the date of termination.
At the time of delivery of the products by the courier, we recommend that you (or the person designated by you):
(i) verify that the number of packages delivered corresponds to that indicated on the delivery note;
(ii) verify that the packages and their seals are intact, undamaged, not wet and have not been tampered with in any way.
Any claims relating to damage to the packages or discrepancies in the number of packages must be notified in accordance with applicable law.
TITLE AND RISK
Ownership of the products shall pass to you upon delivery.
The risk of loss, damage and/or destruction of the products shall pass to you when you (or a person designated by you, other than the carrier) take physical possession of the products at the delivery address you have provided, or at the time of collection of the products by you or by the person designated by you at the selected store.
LIABILITY
You have the right to withdraw from the contract without providing any reason within thirty (30) days from the date on which you (or a person designated by you) take physical possession of the products or, in the case of delivery of multiple packages for a single order, from the delivery of the last package.
The right of withdrawal does not apply to orders for customized products or to products identified on our website as non-returnable.
To exercise your right of withdrawal, you must inform us of your decision by means of an unequivocal statement via the contact section: https://www.murmells.com/contacto
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of this right before the withdrawal period has expired (30 days from the delivery date).
If you withdraw from the contract, we will reimburse all payments received from you, including delivery costs (except for additional costs resulting from your choice of a delivery method other than the least expensive standard delivery option offered by us), without undue delay and, in any event, no later than fourteen (14) days from the date on which we are informed of your decision to withdraw from the contract.
We will carry out the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold the reimbursement until we have received the returned products or until you have provided proof of return, whichever occurs first.
You must return the products or hand them over to us at the address indicated in the instructions included with the return label, without undue delay and, in any event, no later than fourteen (14) days from the date on which you notify us of your withdrawal from the contract. The deadline is met if you send back the products before the 14-day period has expired.
You will bear the direct cost of returning the products if you do not use the provided return label.
The products must be returned in their original condition, unaltered, unused, undamaged, in their original packaging and with all original tags attached, together with all accessories and related documents.
If a returned product does not meet the return conditions set out above, we will send the product back to the address provided in your return form or, if such address is invalid, to the address provided when placing the order. This return will take place within fourteen (14) days from the date on which we inform you of the rejection of the returned products, unless prevented by force majeure or circumstances beyond our reasonable control.
You are responsible for any diminished value of the products resulting from handling other than that necessary to establish their nature, characteristics and functioning.
RESPONSIBILITY
Nothing in these General Terms and Conditions is intended to exclude or limit our liability for:
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Personal injury or death resulting from our negligence;
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Fraud or fraudulent misrepresentation;
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Breach of any obligation implied by applicable consumer protection laws; or
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Any other liability that cannot be limited or excluded under applicable law.
Subject to the above, we shall remain liable for any damages suffered by you as a result of our breach in relation to all claims and causes of action arising under or in connection with these General Terms and Conditions and each contract, except for any delay or failure in the performance of our obligations where such delay or failure is caused by an event of force majeure.
SPECIAL PROMOTIONS AND OFFERS
We may occasionally offer promotions and special offers. The terms of such promotions and special offers will be specified on the website (e.g. start and end dates of the promotion or offer, minimum order value, if applicable).
Promotions and offers cannot be combined with any other promotion or offer. To benefit from a discount or offer, you must place your order within the specified time period. The promotional or special offer code must be entered at checkout.
Exceptionally, we reserve the right to refuse your participation in a promotion or special offer for legitimate reasons (for example, if we suspect that you are acting fraudulently).
APPLICABLE LAW AND JURISDICTION
OUR GENERAL CONDITIONS AND, THEREFORE, THE CONTRACTS ENTERED INTO WITH YOU, WILL BE GOVERNED BY AND INTERPRETED IN ACCORDANCE WITH THE LAWS OF SPAIN.
contact us
For more information and support regarding the website, you can contact us in one of the following ways:
Through the contact form