Terms & Conditions

1. Company identification

• Molarte Colchões, Unipessoal, Lda.
• Tax number (NIF): 510315054
• Address: Rua Osvaldo Pinto, 74, 3720-514 Oliveira de Azeméis, Aveiro, Portugal
• Email: comercial@molarte.pt
• Phone: +351 961 151 480

2. Purpose of the website

The Molarte website is intended to present the company, its products, industrial capabilities, materials, certifications, catalogue, commercial contacts and sleep-system manufacturing solutions.

The information provided on the website is institutional, informative and commercial in nature and does not constitute, unless expressly stated otherwise, a binding contractual offer.

3. Use of the website

The user undertakes to use the website in a lawful, responsible and appropriate manner, refraining from:

• using the website for unlawful or fraudulent purposes;
• introducing viruses, malware or any harmful technology;
• attempting to access unauthorised systems, servers or databases;
• copying, reproducing or using website content for commercial purposes without Molarte's prior authorisation.

Molarte reserves the right to limit or suspend access to the website in the event of abusive, illegal use or use contrary to these Terms.

4. Product information

Molarte seeks to ensure that the information presented about products, materials, technical characteristics, images, collections, certifications and manufacturing processes is clear and up to date.

However, the information provided may be subject to changes, technical updates, material availability, adaptations to the client's request or production variations.

The images, descriptions and commercial references presented on the website are for illustrative and informative purposes.

5. Catalogue, proposals and orders

Submitting catalogue requests, proposal requests or commercial contacts through the website does not constitute automatic acceptance of any order.

All orders, prices, payment terms, lead times, minimum quantities, technical specifications, materials, packaging, transport and other commercial conditions must be confirmed in writing by Molarte.

Molarte reserves the right to refuse, suspend or cancel any request or order where there are justified reasons, including:

• unavailability of materials;
• technical impossibility of manufacturing;
• non-compliance with payment terms;
• incorrect or incomplete information provided by the client;
• logistical impossibility;
• force majeure or circumstances beyond the company's reasonable control.

6. Customised products, made-to-order manufacturing and price changes

Molarte develops manufacturing solutions for brands and professional clients, and products may be configured according to technical specifications, dimensions, fabrics, materials, firmness, finishes, labelling, packaging or other requirements defined by the client.

Where products are made to order, customised or produced to the client's specifications, the commercial conditions agreed between the parties apply, and there may be limitations on cancelling, returning or changing the order after production has been confirmed.

Molarte Colchões reserves the right to change the prices of the products shown on its website and in its physical stores at any time, without prior notice. However, orders already placed will be subject to the prices in force at the time the respective order was confirmed.

7. Prices and commercial conditions

Unless expressly stated, prices are not displayed publicly on the website and will be communicated through an individualised commercial proposal.

Proposals may be subject to specific conditions, including validity period, minimum quantities, transport costs, VAT, payment terms, production conditions, material availability and other relevant elements.

8. Production and delivery lead times

The lead times indicated on the website, catalogue or commercial communications are estimates and may vary depending on material availability, order volume, customisation, production capacity, technical requirements, transport, destination or other relevant circumstances.

Any definitive lead time must be set out in a commercial proposal, order confirmation or contract entered into between the parties.

Molarte will not be liable for delays caused by incomplete information provided by the client, delays by suppliers or carriers, force majeure situations, strikes, logistical disruptions or other circumstances beyond its reasonable control.

9. Delivery, receipt and risk

The conditions for delivery, transport, unloading, assembly, collection or dispatch will be defined on a case-by-case basis in the commercial proposal or agreement entered into between the parties.

The client must ensure that the delivery location is accessible, safe and suitable for receiving the products, and must check the apparent conformity of the products at the time of delivery.

Any visible damage, shortage, non-conformity or anomaly must be reported in writing within the period defined in the proposal or, failing that, within the shortest reasonable period after receipt.

10. Returns, cancellations and the right of withdrawal

The conditions for returning, cancelling or replacing products will be defined according to the nature of the order, the type of client, the applicable legislation and the agreed commercial conditions.

In the case of B2B commercial relationships, returns or cancellations will depend on the conditions agreed between the parties.

Where there is a sale to a final consumer through distance means, the consumer may benefit from the rights provided by law, including, where applicable, the right of withdrawal within the legal period, returning the item within 14 days of the delivery date, as provided for in Article 10 of Decree-Law No. 24/2014 of 14 February.

If you wish to exercise your right of withdrawal, you must communicate this intention in writing by email to comercial@molarte.pt, indicating the order number, client identification, product purchased and date of receipt of the item.

The right of withdrawal may not apply to goods made to the consumer's specifications, customised, or which by their nature cannot be returned under the legally provided terms.

11. Intellectual property

All content on the website, including texts, images, photographs, videos, logos, trademarks, design, layout, graphic elements, catalogues, technical data sheets and other materials, is the property of Molarte or used with the authorisation of its respective holders.

The copying, reproduction, modification, distribution, publication, transmission, commercial exploitation or unauthorised use of any website content without Molarte's prior written authorisation is prohibited.

12. Limitation of liability

Molarte makes efforts to ensure the proper operation of the website, but does not guarantee that it will be permanently available or free from errors, interruptions, technical failures, viruses or other harmful elements.

Molarte will not be liable for direct or indirect damages arising from the use or inability to use the website, except in cases where such liability arises mandatorily from the law.

The information provided on the website does not replace direct confirmation with Molarte regarding technical specifications, commercial conditions, lead times, availability or the suitability of products for a specific purpose.

13. Links to third parties

The website may contain links to third-party websites, platforms or services.

Molarte does not control and is not responsible for the content, privacy policies, security, operation or practices of these third parties.

14. Data protection and cookies

The processing of personal data carried out through the website is governed by Molarte's Privacy Policy.

The use of cookies and similar technologies is governed by Molarte's Cookie Policy.

15. Complaints and dispute resolution

For complaints or requests for clarification, the user may contact Molarte by email at comercial@molarte.pt or in writing to the address indicated in these Terms.

Where applicable to consumers, the user may use the Electronic Complaints Book and the competent alternative consumer dispute resolution bodies, under the applicable Portuguese legislation.

16. Changes to the Terms & Conditions

Molarte reserves the right to change, update or modify these Terms & Conditions at any time.

The current version will always be available on the website.

17. Applicable law

These Terms & Conditions are governed by Portuguese law.

In the event of a dispute, and unless a mandatory legal provision states otherwise, the legally applicable jurisdiction in Portugal will have competence.