Terms and Conditions of Use

GENERAL TERMS AND CONDITIONS OF SALE FOR THE ONLINE STORE WWW.MOS-PORTUGAL.PT

1. Ownership of the MOS-PORTUGAL online store www.mos-portugal.pt

Deartis - Cerâmicas, Lda. (hereinafter referred to as the "COMPANY" or simply the "Seller"), headquartered at Rua Principal, nº 23 Casais de Baixo 2480-154 Porto de Mós, Portugal, with a share capital of €100,000, VAT No. PT 502 090 014, registered with the Commercial Registry Office of Porto de Mós, is the legitimate owner of the official website of the MOS Portugal brand, whose domain can be found at http://www.mos-portugal.pt.

2. Contacts and Customer Support

For additional information, you can contact the COMPANY via email at [email protected]. If you prefer, you can also call us from Monday to Friday, from 9:00 AM to 12:00 PM and from 2:00 PM to 5:00 PM, at (+351) 244 491 420.

3. Purpose and Scope

3.1. These General Terms and Conditions of Sale exclusively regulate purchases made in the COMPANY’s online store, between the "Final Consumer" as the buyer and the "COMPANY" as the seller, and apply to all visitors of the website www.mos-portugal.pt as well as any commercial transactions carried out through this virtual store.

3.2. Browsing the website, as well as purchasing any product on www.mos-portugal.pt, implies acceptance of these general conditions of use and contracting.

3.3. Deartis - Cerâmicas, Lda. markets all products of the MOS Portugal collection and is responsible for selling the brand’s articles on www.mos-portugal.pt, with all "e-commerce" services being exclusively available to final consumers.

3.4. A "Final Consumer" or "User" or "Buyer" is considered to be any person who acts/purchases with a strictly personal intent, outside their business or profession, and thus without any intention of reselling the items purchased in the COMPANY's online store.

3.5. Deartis - Cerâmicas, Lda reserves the right to change these terms and conditions without prior notice, as well as to modify the information and commercial offers regarding products, prices, promotions, commercial conditions, and services at any time. Any changes will always be published on www.mos-portugal.pt.

3.6. The COMPANY reserves the right not to process any order received from users who are not "Final Consumers" or those that do not comply with the "Seller’s" (COMPANY) general sales conditions.

3.7. The "Final Consumer" must provide the COMPANY, as the seller, with a correct and complete email or postal address, or other valid contact details, and accepts that the COMPANY may contact them using these details if necessary.

4. Information about the COMPANY's online store content

4.1. The website www.mos-portugal.pt is intended for personal use only. Reproduction, transfer, distribution, or storage of the content from the COMPANY's online store without prior written authorization is prohibited for any purpose other than strictly personal use.

4.2. The introduction of links to our website for commercial purposes or without the COMPANY’s prior authorization, as well as any abusive use of the domain www.mos-portugal.pt, will be subject to legal action.

4.3. If you find links to www.mos-portugal.pt or references to the COMPANY's online store on other websites, please be aware that Deartis - Cerâmicas, Lda has no responsibility for those links, pages, or their content.

4.4. We are committed to ensuring that the information presented on www.mos-portugal.pt is free of typographical errors. If any errors occur, we will correct them as soon as possible.

4.5. All contractual information is provided in Portuguese, as well as product details, email communications, and sales formalization, except for specific terms related to ceramics and candles.

5. Commercial Policy

5.1. If the information presented does not correspond to the product characteristics, the Customer has the right to terminate the purchase contract under the applicable legal terms.

5.2. The photos displayed on the website are for illustrative purposes only. We recommend that you carefully check the product details for more accurate information about the items you wish to purchase.

5.3. Product prices and specifications are subject to change without prior notice. Despite the COMPANY's best efforts to keep all information up to date, some products may have an incorrect price. Prices will always be verified when processing orders. If the product price is lower than advertised, we will refund the difference. If the price is higher, we will inform the "Final Consumer" by email and wait for their decision to accept the new offer or cancel the order.

5.4. All promotional campaigns have limited stock.

5.5. Validating a purchase order implies that the "Buyer" is aware of and accepts the General Terms and Conditions of Sale of www.mos-portugal.pt.

5.6. All records kept by the COMPANY serve as proof of transactions made between the "Seller" and the "Final Consumer". The COMPANY is responsible for storing the electronic document formalizing the contract and making it accessible.

6. Obligations of Customers and Users

6.1. Any visitor to the website www.mos-portugal.pt is required to comply with and respect these general conditions, particularly by observing the following obligations:

• It is forbidden to introduce, store, or disseminate through the COMPANY's website defamatory, obscene, offensive, xenophobic content and/or any other kind that violates general legal principles and public order;
• Keep and not disclose your login password to prevent third parties from accessing your account and personal data;
• Do not use false identities;
• Provide accurate personal data and addresses so that Deartis - Cerâmicas, Lda (Deartis) can properly process orders;

6.2. The "Final Consumer" is solely responsible for the accuracy of the personal data communicated to the COMPANY and undertakes to insert and immediately update any changes through their Registration Account at www.mos-portugal.pt.

6.3. The COMPANY is not responsible for any delay or inability to process an order due to an error or insufficiency of the data provided by the "Final Consumer," particularly at the time of delivery.

7. Placing an Online Order

7.1. To place an order on www.mos-portugal.pt, the "User" must have a valid and frequently used email account and register as a COMPANY Client by filling out the online form. Once registered, simply add all the products the "Final Consumer" wishes to purchase to the virtual shopping cart, following all the purchase steps until the order is successfully completed.

7.2. Placing an order on www.mos-portugal.pt is very simple:

• Browse through the MOS Portugal online store and find the products you wish to purchase;
• Add your preferred products to the Shopping Cart using the "Add" button;
• When you have selected all the items you wish to purchase, finalize the order by clicking "Order" in the shopping cart;
• Next, fill in your personal details in a simple form (pay close attention when entering your address);
• Then, select the payment method;
• Review your order;
• Proceed with payment by confirming the order;
• Finally, you will receive an order confirmation via email;

7.3. As soon as you complete your purchase, you will receive an automatic email confirming the transaction. We suggest printing or downloading this copy for future reference. If the data is incorrect, you may immediately request its correction or even cancel the purchase made.

7.4. In case of non-confirmation of payment or non-compliance with these General Terms and Conditions of Sale, the COMPANY reserves the right not to accept your order or to cancel it, in whole or in part, even after its automatic confirmation.

8. Product Availability and Order Confirmation/Cancellation

8.1. The COMPANY only processes an order placed by a customer after confirmation of the respective payment, so the COMPANY cannot guarantee the availability of the items until the said processing begins.

8.2. In the order confirmation, you will find the estimated shipping date for the products, after payment confirmation. Naturally, the estimated shipping time may vary depending on the carrier's delivery time.

8.3. The COMPANY only ships orders on business days. Therefore, weekends and holidays are not counted for estimating order delivery times. Any delays in shipping items compared to the estimated dates do not grant the right to compensation.

8.4. The fulfillment of all orders placed on the site is subject to product availability. The COMPANY strives to ensure that all items offered for sale on the website are in stock. However, the COMPANY reserves the right not to accept any orders or to cancel already confirmed orders for products that are out of stock. In the event of product unavailability and/or stock outage, the COMPANY will immediately inform the "Final Consumer" of the partial or total cancellation of their order, and the buyer will be entitled to a refund of the respective amount paid.

9. Order Confirmation or Cancellation

9.1. The COMPANY may not validate an order if there is insufficient assurance of successful payment, if the order is incomplete or incorrect, or if the ordered products are no longer available. In any of these cases, the COMPANY will inform the "Final Consumer" via email that the sales contract has not been completed and that the COMPANY has not proceeded with the sale, specifying the reasons for this.

9.2. If the products ordered on www.mos-portugal.pt are no longer available at the time of your last website access, despite receiving order confirmation, or when the COMPANY receives your request, the "Seller" will immediately inform the "User" about the unavailability, never exceeding 30 days from the date of order receipt.

9.3. If the products ordered on www.mos-portugal.pt are no longer available at the time of your last website access, despite receiving order confirmation, or when the COMPANY receives your request, the "Seller" will immediately inform the "User" about the unavailability, never exceeding 30 days from the date of order receipt.

9.4. The COMPANY reserves the right to refuse any order, regardless of the reason, and is exempt from liability for any damages or costs. Additionally, the COMPANY reserves the right to cancel any purchase, even if already accepted or confirmed, particularly in the following situations:

• The invoice details are incorrect or unverifiable;
• The order is flagged by the website’s Security Systems as incorrect, irregular, or potentially fraudulent;
• Payment for the order has not been received within five business days after order acceptance;
• It is not possible to deliver the order to the address provided by the "User";
• The "Buyer" is deemed incapable of completing the transaction;
• An error occurred in the presentation of the product price;
• The order appears to be placed by a reseller.

10. Payment Terms and Security Guarantees

10.1. The available payment methods will be displayed on www.mos-portugal.pt. We do not accept any payment methods other than those mentioned.

10.2. You can pay for your products using your usual credit and debit cards via the pay.me payment system. You can also pay via MULTIBANCO or bank transfer. The COMPANY website will provide the necessary instructions for these payment methods (entity/reference/total amount; NIB, IBAN, and SWIFT).

10.3. When paying by credit or debit card, all details (such as card number, expiration date, or security code) will be sent via an encrypted protocol to the remote electronic payment service provider, pay.me, ensuring that no third party can access the transmitted information. This information will not be used by the COMPANY except to complete the purchase transaction, issue refunds in case of returns, or report fraud cases to authorities.

10.4. If the "Final Consumer" chooses to pay via MULTIBANCO or bank transfer, order processing will only begin after payment has been received. Therefore, we recommend making the payment as soon as possible to ensure timely order fulfillment. If payment is not received within five calendar days after placing the order, the order will be canceled.

10.5. The purchase price of the products and shipping costs, as indicated in the order form, will be charged to the bank account when the purchased products are effectively shipped.

10.6. We advise you not to attempt payment via any method not specified on www.mos-portugal.pt. If you do so, the COMPANY will not be responsible for any payment loss or any resulting damages.

11. Security of the COMPANY Online Store and All Transactions

11.1. The COMPANY's online store uses the latest and most advanced security technologies available for encryption platforms. All payment information you provide will be encrypted from the moment of the transaction until the order is processed and will not be stored on any public server.

11.2. Despite using highly advanced encryption software, any online payment or email transmission carries some risks, particularly if the "User" does not take proper precautions and responsible conduct.

11.3. The COMPANY shall not be liable for any damages resulting from the use of electronic communication, including but not limited to transmission failures or delays, interception or manipulation of electronic communications by third parties, or computer programs used for communication or virus transmission.

12. Retention of Ownership of Sold Products

The COMPANY retains ownership of the products until full payment has been received.

13. Prices

13.1. The prices of products displayed on the website www.mos-portugal.pt include Value Added Tax (VAT).

13.2. The total price specified at the final checkout menu includes taxes and shipping costs. Prices are confirmed at the time of order confirmation, which can be printed or downloaded for future reference. Please transfer only the exact amount specified in the order confirmation and make individual transfers per order. Shipping fees are calculated per order, and the exact fee depends on the destination country.

13.3. All prices are stated in Euros. Any change in the destination country of the order may affect prices due to shipping costs.

14. Quality and Warranty

14.1. The COMPANY only sells high-quality products on www.mos-portugal.pt and never sells second-hand, defective, or substandard products.

14.2. The products offered for sale on www.mos-portugal.pt may not exactly match their displayed images, especially in terms of color, due to differences in internet browsers and screen settings.

15. Shipping and Delivery of Products

15.1. Products ordered from the COMPANY's online store will be shipped and delivered on business days, from Monday to Friday.

15.2. We can only guarantee successful delivery of an order if the shipping address provided by the "User" is correct.

15.3. A delivery is considered completed, or a product is deemed delivered, once the delivery receipt is signed at the agreed address.

16. Shipping Costs and Delivery Times

16.1. The shipping costs associated with your order will be charged per order, meaning if you order more than one item, you will only pay shipping costs once. However, the COMPANY reserves the right to split the delivery of an order, for example, if part of the order is delayed or unavailable. If we split an order, the customer will be notified by email of our intent. The email provided at the time of purchase will be used for this purpose.

16.2. For deliveries in mainland Portugal, shipping costs will be a maximum of €10 per order but will be offered to the "Buyer" by the COMPANY on purchases of €150 or more.

16.3. For deliveries in the Madeira and Azores archipelagos, shipping costs will be a maximum of €30 per order but will be offered to the "Buyer" by the COMPANY on purchases of €150 or more.

16.4. For all other European Union countries (except Portugal) and non-EU countries, shipping costs will be confirmed according to the order.

16.5. Upon delivery, the "Buyer" must inspect the package and the products to check for any damages. If the products are damaged, the customer should not accept the delivery and should return the package immediately using the "Returns" mechanism provided on www.mos-portugal.pt. The COMPANY will refund the amounts paid for the order and shipping once it receives and processes the return at its headquarters.

For returns, please contact us at [email protected] or use the "Contact Us" form.

16.6. The order is considered accepted if the "Buyer" does not return the order within 15 days of receipt.

17. Delivery Times

17.1. Once your order is registered, payment is confirmed, and all items in your order are available, the COMPANY estimates the following delivery times:

• In mainland Portugal, within a maximum of 5 business days.
• In the Madeira and Azores archipelagos, between 5 and 10 business days.

17.2. The COMPANY will not be liable for any failure to deliver, or delays in delivery, due to a force majeure event, i.e., an event, act, or omission beyond its reasonable control.

18. Exchanges and Returns

18.1. All products are individually identified with a label. If you wish to return the purchased product, do not remove the label from the product.

18.2. If you decide to return the purchased products, the COMPANY has the right to refuse the return if the returned items do not have the original label or security seal, or if the labels have been altered or damaged.

18.3. After receiving the order, the "Buyer" has 15 days to return or exchange the item(s) if they are defective, non-compliant with the ordered products, or for simple withdrawal without the need to specify a reason.

18.4. The costs of returns or exchanges will be borne by the customer (except for quality-related issues).

18.5. Once all ordered products, or part of them, have been received at our facilities, we will process the return within approximately one week. If the return is validated, the refund will be issued using the same payment method. Refunds will only be processed to the account/card used for the original purchase. If you are exchanging an item, color, or size, and the item is available, it will be sent to the address provided during the exchange process.

19. Order Cancellation

Contact Customer Support at Contact Us and provide the reference number generated when you placed your order to request a cancellation.

20. Validity of Promotions or Commercial Campaigns

20.1. Promotional offers or commercial campaigns advertised on www.mos-portugal.pt are only valid at the time they are displayed on the website and under the conditions specified unless otherwise stated on the website.

20.2. In the case of returns or exchanges of products purchased during promotional campaigns or sales, only the amount actually paid for the item being returned or exchanged will be refunded or credited.

21. Liability

21.1. The COMPANY will only be liable for damages suffered by the "Buyer" if such damages result from a breach of the COMPANY's contractual obligations to the "Final Consumer" or if liability arises under applicable legal provisions.

21.2. If the "Buyer" has suffered damages related to website activities, the COMPANY's liability will be limited to: damages to COMPANY products, reasonable and verifiable costs incurred by the "Buyer" due to the COMPANY's breach of these General Terms and Conditions of Sale.

21.3. The COMPANY will not be liable for damages suffered by third parties due to the use of any of our products. The COMPANY will not be liable for damages suffered by the "Buyer" resulting from improper use of our products.

21.4. The COMPANY is not responsible for damages resulting from incorrect information on the website.

21.5. All products sold by the COMPANY comply with Portuguese and European legislation.

21.6. The COMPANY disclaims any liability in the event of a breach of the laws of the country where the order is delivered. It is the Customer's responsibility to check with local authorities regarding the conditions of importation or use of the products they wish to order.

22. Intellectual and Industrial Property

22.1. All texts, comments, works, illustrations, artworks, and images reproduced or represented on the website www.mos-portugal.pt are strictly reserved under copyright law and intellectual property rights worldwide.

22.2. Accordingly, and under the Intellectual Property Code, information may only be used for private purposes, subject to more restrictive provisions of the code.

22.3. Any total or partial reproduction or representation of the website www.mos-portugal.pt, including all elements contained therein, is strictly prohibited.

22.4. The company names, trademarks, and distinctive signs reproduced on www.mos-portugal.pt are protected under applicable industrial property laws. The reproduction or representation of any distinctive signs, in whole or in part, is strictly prohibited and must be subject to prior written authorization from the COMPANY.

22.5. If the "User" wishes to use any information or materials from the website, they must obtain prior written authorization from the COMPANY.

23. Applicable Law

23.1. These General Terms and Conditions of Sale and all disputes arising in connection with these general conditions, including their validity, the use of the website www.mos-portugal.pt, or any purchase on it, shall be governed by Portuguese law.

23.2. In the event of a dispute regarding the interpretation or execution of these General Terms and Conditions of Sale, the COMPANY and the "Buyer" agree to make efforts to reach an amicable solution that is fair and appropriate, within a maximum period of 60 (sixty) days from the receipt of the communication addressed for that purpose by either of the parties involved.

23.3 In the absence of an amicable solution, under the terms set forth in the previous paragraph, and in the event of non-compliance with these General Terms and Conditions of Sale, both PARTIES agree to establish the Court of Leiria as the competent forum, with express waiver of any other.

24. Dispute Resolution

24.1 The COMPANY has entered into a Consumer Arbitration Agreement in the form of full adhesion.

In case of a dispute, the consumer can resort to a Consumer Dispute Resolution Entity:

Centro de Arbitragem de Conflitos de Consumo do Distrito de Coimbra
Av. Fernão Magalhães, n.º 240, 1º
3000-172 Coimbra
www.centrodearbitragemdecoimbra.com

Centro de Arbitragem de Conflitos de Consumo de Lisboa
Rua dos Douradores, 116, 2º
1100-207 Lisboa
www.centroarbitragemlisboa.pt

In case of a consumer dispute on the online platform, the consumer can resort to an "online" dispute resolution system (ODR), the ODR Platform ("online dispute resolution"), competent for resolving disputes related to contractual obligations arising from online sales or service contracts.

Access through this link to the Electronic Platform for Alternative Dispute Resolution in online sales or service contracts.

For more information, visit the Consumer Portal (www.consumidor.pt)

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These terms were updated on 10/03/2025