The following conditions are intended to expressly regulate the purchase process carried out by the user in our online shop:
You are not bound to any conditions of permanence with Mediodía Marbella S.L.
These conditions may be updated at any time so before placing an order you should read them.
If you have any doubts, queries or suggestions, you can contact us through the contact form at firstname.lastname@example.org.
The user of this web site will have to communicate to Mediodía Marbella S.L. the necessary data for the access and use of the services that require identification; data that will have to be up to date and in accordance with the truth. With these data provided by you, we will be able to contact you if necessary. Consequently, we shall not be liable for: not being able to process your order or for possible delays or malfunctions in delivery due to error, omission, or failure to provide true and accurate information.
By placing an order, you are guaranteeing that you are over eighteen years of age and that you have full legal capacity to contract.
The products we offer in our online shop are distributed solely and exclusively in mainland Spain, excluding the Canary and Balearic Islands; Ceuta; Melilla; and abroad. Therefore, any order with delivery address located outside mainland Spain will be rejected.
You accept that the products offered in our online shop are subject to stock limits and, therefore, subject to availability, hence, if any product is not available once the order has been placed, we will inform you as soon as possible so that you can either modify your order or cancel it.
Mediodía Marbella S.L. reserves the right to modify the products and/or their prices offered on the website at any time and without prior notice.
Until such time as your proposed order is accepted by us no contract will exist between you and us. Your proposed order will be subject to our verification and acceptance. Only after acceptance of the order by us shall a contract exist. We will notify you of such acceptance in writing by sending you an e-mail confirming the order and the specific products which are available.
You may withdraw from the contract or return a product within fourteen (14) calendar days from the date of receipt of the order, unless the products are perishable or, by their nature, are likely to deteriorate or expire rapidly, which is why orders for oysters are expressly excluded from withdrawal and return.
The withdrawal or return will only be accepted if the product is returned in the same conditions in which you received it and, therefore, with its complete original packaging, labels and any accessories received by you; being so we will determine whether the returned product is in the same conditions in which it was sent and delivered to you so that the returned product that is damaged, incomplete, deteriorated, or used will not be refundable and will be sent back to you freight collect.
We will determine if the products are in the same condition in which they were sent to you. Products that have been returned damaged, incomplete, deteriorated, used or soiled will not be refunded and will be made available to the sender and resent to you freight collect.
The costs of returning the product will be at your own expense, and in no case will returns sent freight collect be accepted.
If you receive a defective or erroneous product, please contact us immediately, within a maximum period of 24 hours, through our contact form at email@example.com indicating the defect or error along with your personal details.
If you detect problems with the packaging, you must inform the courier company at the time of receipt of the order, indicating it on the delivery note or on the electronic tablet of the delivery person.
We will carefully examine the returned product and we will inform you by email whether or not the product can be returned or replaced if necessary.
The amount paid for a product that is returned and accepted by us will be refunded to you in full, including (I) the shipping costs of the product provided that such costs correspond in full to the returned product, as well as (II) the costs incurred by you in returning the product to us. The refund will be made in the same manner in which the product was purchased.
The procedure for purchasing a product from our online shop is as follows:
You, when accessing our online shop you will be able to view the products that you can purchase and which will contain the following information:
Once you have chosen the product/s, you must add them to the basket or shopping cart included on the website, indicating the units you wish to purchase; thus, once the order proposal has been completed, you will be able to access the purchase summary which you must accept by clicking on the option “finalise purchase” or similar, which will detail the products ordered, the sale price, applicable taxes and shipping costs.
If you have a promotional code, you must include it at that moment in order to benefit from the conditions applicable to it. If you wish, you may choose to send the order as a gift and write a card with a message.
If you agree with the order, you must register by completing the data collection form or identify yourself with your username and password if you are already a registered user.
Next, you will have to provide the delivery details and finally select the means or method of payment. During this process the system will show you the shipping costs applicable to your order according to the delivery zone and payment method selected.
Once you have completed payment, you will receive a confirmation e-mail with your order details. If you do not receive this message please contact us.
Mediodía Marbella S.L. accepts the following payment methods: Visa, Visa Electron, Mastercard; and bank transfer.
If you choose to pay by credit/debit card, you will be redirected to the payment gateway.
If the chosen method of payment is by bank transfer, you will have a period of three (3) calendar days to make the payment to the bank account number indicated below, and you must send us the proof of payment by e-mail to firstname.lastname@example.org. If the transfer has not been made within this period, the order will be cancelled. We remind you that when selecting this method of payment you should bear in mind that the final cost of the order may be increased by the commission charged by your bank.
The details to make the transfer are:
Beneficiary: MEDIODIA MARBELLA S.L.
IBAN: ES0400810552980002016112 (Banco Sabadell S.A.)
Subject: (indicate the order number; name and surname)
The products will be shipped by courier service, which will carry out the door-to-door service, usually within 24/48 hours from our confirmation of shipment. For products that by their nature require cold, they will be sent by cold courier transport service (controlled temperature between +2ºC and +8ºC) guaranteeing that in no case will the cold chain be broken, with deliveries preferably before 13:30 to ensure the best conditions for your order. However, in extreme cases, transport incidents may occur, assuring you that the maximum period will never exceed three (3) calendar days from confirmation of shipment, or we will refund the full amount of your order.
We do not deliver on Mondays, Sundays or holidays in Marbella.
The cost of delivery will be €8.50 for standard deliveries and €17.90 if any product in the order requires cold transport. If the sum of the items included in the order exceeds 120,00 € the shipping will be free of charge regardless of whether it requires cold or not. Saturday deliveries will have an extra cost of 10,00 € over the cost of standard or refrigerated delivery.
Orders will be shipped to the delivery address you have provided on your order form, so it is essential that you provide accurate delivery address details. We will not be responsible for incorrect or incomplete delivery addresses. If you have ordered products that require refrigeration for transport, please ensure that you have a suitable place to store them until they are used. Likewise, make sure that there is someone at home during the entire delivery time of the order.
Notwithstanding the above, you can pick up your order directly at our physical shop located in 29602 Marbella, Mercado Central de Abastos, Stalls 67-68 “Mediodía Champagne & Oysters” from 11:00 to 16:00 from Tuesday to Saturday; you must contact us beforehand by calling 637741514 in order to arrange the day and time of collection.
The prices on our website are shown in euros, and all purchases made from our online shop will be subject to VAT according to the rates in force at any given time depending on the product in question, informing you that foodstuffs are currently subject to 10% VAT.
The shipping costs will be added in the summary of the purchase, before making the payment.
Gift option: We offer you the possibility to send gifts through our website. You make the purchase from your computer as usual, select the exact address to send the gift to and check the option for gifts. You will be able to write a personalised message to the recipient. At this point you will be informed of the added cost of the gift option if applicable. Each “gift option” must be associated with a single order and a specific delivery address.
In the event that you provide personal data of third parties, you guarantee that you have the necessary authorisations for their processing. You are also obliged to inform such third parties of the terms and conditions of the processing of their data.
If you have received a gift item, to return it you will have to follow the return procedure described above. The amount of the refund will be reimbursed to the person who made the purchase and in the same form of payment used.
We will not be liable for any failure or delay in the performance of any of the obligations we assume under a contract whose cause is due to events beyond our reasonable control, ie “Force Majeure” among which, by way of example are: strikes; lockouts; restrictions of any kind by health emergencies and / or health control to prevent the spread of disease; violent acts of any kind; natural disasters that make it impossible to service; legal provisions, etc..
The relationship between Mediodía Marbella and you as a customer shall be governed by the Spanish legislation in force and any dispute shall be submitted to the Courts and Tribunals of the town of Marbella (Spain), unless you are a consumer in which case the jurisdiction shall correspond to the Courts and Tribunals of the place of your habitual residence.
Notwithstanding the foregoing, you are expressly informed of the existence of a European Platform for Online Dispute Resolution, to which consumers have the possibility of resorting for the resolution of any dispute related to the online purchase through our online shop. You can access this platform via the link (https://webgate.ec.europa.eu/odr/).