General Terms and Conditions

Before making any purchase through the Website or by phone, you should carefully read these General Terms and Conditions.

 

These General Terms and Conditions are an integral part of and accompany any purchase made via the Website or by phone, from Exolaire – Comércio de Mobiliário, LDA (Alaire Portugal) with tax number 507 662 628 and registered offices at Rua do Cruzeiro, No. 27, 2710-306 Linhó, Sintra (Portugal).

Definitions

Buyer: The consumer, as defined below, or the legal person purchasing the Item(s).


Consumer:  An individual to whom items for personal use or items which do not fall within the scope of their commercial, industrial, artisanal, or professional activity are supplied, by a person who professionally performs an economic activity aimed at obtaining benefits.


Seller: Exolaire – Comércio de Mobiliário, LDA (Alaire Portugal) with tax number 507 662 628 and registered offices at Rua do Cruzeiro, no. 27, 2710-306 Linhó, Sintra (Portugal), with whom the Customer enters into the agreement for the sale and purchase of the Product(s).


Price: All prices are presented in net values, with VAT being included in delivery prices and shipping costs.


Item(s): Unless otherwise stated, the Item(s) are the sample or model presented as per the respective description at the time of the purchase. However, the models’ colour, structure, and production may be subject to changes. Exolaire cannot be held liable for any failures or errors which are external to its actions, including those arising from its purchasing system or information provided by its suppliers.


Territorial Validity

The Seller ships the Products to Portugal (Mainland and Autonomous Regions of the Azores and Madeira). Delivery times for the Autonomous Regions of the Azores and Madeira, as well as for areas outside the Lisbon and Oporto metropolitan areas, may be longer. The Seller undertakes to make every effort to comply with the delivery times given to the Buyer/Consumer, which, as they do not solely depend on the Seller, are purely indicative. The Seller cannot be held liable for damages or inconveniences caused by any delays.


The cost of any shipment associated with an order varies based on the following parameters: the destination and the total weight of the purchased Items and will be stated during the ordering process (either on the website or via e-mail).


On the order summary page, the Buyer/Consumer is provided with the costs or calculation methods related to home delivery.


All costs include VAT at the applicable legal rate.


For any additional information, custom orders, or orders with special characteristics, you can contact us by sending an e-mail to comercial@alaire.pt.


Shipments

Any specified delivery timeframes and dates are to be considered as referring to business days (Monday to Friday). The estimated delivery time is 15 days.


Our Items are delivered within the specified delivery times, as described on our website, except in the event of unforeseen circumstances for which we cannot be held liable.


There will be no compensation in case of delivery delays or failure to deliver the Items within the specified delivery dates. Delivery is carried out by a freight/shipping service, which does not include specialized delivery and assembly services. The delivery will be made on the pavement near your residence, as close as the transport vehicle can reach.


The Consumer shall incur an additional cost for deliveries to the Autonomous Regions of Madeira and the Azores. Delivery times for deliveries to these autonomous regions shall be longer, on account of the distance, and should be discussed with the customer service team. Deliveries to traffic-free areas or roads incompatible with delivery vehicles may result in an additional charge for the customer.

The services provided are non-refundable.


Payments

Bank Transfer

You can pay for your order through a bank transfer made online or at your bank branch. You will receive the necessary information to make the payment after placing your order. Once we receive your payment, we will send you an e-mail confirming your purchase.


Multibanco Reference

Another great advantage of using the Multibanco reference is the ability to make the payment 24 hours a day, any day of the week, with the amount being directly deducted from your bank account. You will receive an “entity” code and a “reference” code, which you should use to pay for your order.


Payment via MB Way

MB Way is an application that offers an interbank solution for immediate purchases and transfers through a smartphone or tablet.

If you choose this payment method, you will receive a payment request notification in the application’s “Activities” section. The transaction amount and the institution managing our payments will be displayed. At this point, Alaire will register your purchase, and we can start processing your items for shipment.


PayPal

We also accept PayPal in our online store. All your financial information (such as bank account details or credit card number) will be stored with PayPal, and for more information, you should consequently refer to the policies and terms provided at https://www.paypal.com/pt/home. Payments will be confirmed immediately through the PayPal system, ensuring that your order is processed promptly.


Intellectual Property

Alaire Portugal is the owner of all intellectual property rights regarding the website.

The contents made available by Alaire Portugal through the website, including texts, images, trademarks, logos and source codes, are protected by intellectual property laws, inter alia those governing copyright and industrial property rights. They are owned or licensed by ALAIRE and its suppliers or licensors and may not be fully or partially copied, imitated, or used without prior written consent from Alaire Portugal or the applicable intellectual property rights holder, which the Buyer/Consumer acknowledges and accepts.


The Buyer/Consumer undertakes not to make any abusive use of said contents, which may noy be copied, disclosed, used or reproduced in any way, and no software tools, including robots, crawlers, or other automated mechanisms., shall be used to collect protected contents.


The Buyer/Consumer will not copy, translate, disassemble, decompile, or create or attempt to create, through reverse engineering or any other means, the Platform’s source code and object code, as well as that pertaining to third-party tools and applications and the associated software required for its operation, and will not remove any confidentiality or intellectual property notices.


The Buyer/Consumer undertakes to fully indemnify Alaire Portugal against any damages, costs, or expenses incurred as a result of claims of any kind or nature brought against Alaire Portugal by third parties based on the infringement of third-party rights, including intellectual property rights related to the use of contents made available through the website and its associated services, including indemnities paid to third parties by agreement with them.


Liability and Applicable Laws

These General Terms and Conditions are governed by Portuguese law, and any disputes arising herefrom and/or from the fulfilment of any order placed shall be exclusively subject to the jurisdiction of the Portuguese courts, namely the court with territorial jurisdiction over the location of Alaire’s registered offices.

Alaire shall not be liable for any damages resulting from causes that have not been influenced by it or that do result from its actions.


Complaints, Warranty and Returns

General Warranty Guidelines

For Consumer/Buyers, our products have a 3-year warranty, which starts from the delivery of the items. Under the current legislation, Alaire is liable towards the Consumer for any defect existing at the time of delivery of the Item that becomes apparent within three (3) years from the date the items were received. If the defect becomes apparent more than two (2) years after the delivery of the Item, the burden of proving that the defect or non-conformity already existed when the Item was delivered shall fall upon the Consumer.


For non-consumers, the applicable legal rules regarding the deadlines for non-conformity of items apply.


Any complaints shall be submitted as soon as possible after the delivery of the items. Any other defects that arise later during the warranty period shall be reported promptly. The description of and detailed information on the defect or damage, including supporting evidence, must be provided to Alaire no later than 7 days after reporting the issue.


To activate the warranty, the Buyer is required to present the proof of purchase or any other document that proves the purchase and delivery dates.


Without prejudice to cases where price reduction and termination measures apply, Alaire will inform the procedures for repair or replacement of the Items covered by the warranty. Where necessary, Alaire will arrange for the defective Items to be collected by express mail, directly from the address indicated by the Buyer. In this case, unless otherwise instructed by Alaire, the Buyer must ensure that the Items are complete and ready to be collected. Upon receipt of the product, Alaire will assess the alleged non-conformity of the Items and, in the case of a positive response, will proceed with their repair or replacement at its own expense, no later than 30 (thirty) days after receipt.


If the warranty does not apply, Alaire will immediately inform the Buyer that no replacement Items will be sent and provide the reasons for the refusal. In any event, and without prejudice to the applicable law, the Buyer may, at their own expense, collect the Items from Alaire up to 30 (thirty) days after being notified of the rejection of the complaint.


Unless otherwise provided by applicable law and without prejudice to consumers’ non-waivable rights, Alaire will not be liable and will not be required to provide indemnification for any pecuniary or non-pecuniary damages, including, but not limited to, loss of profit, loss of income, production limitations, administrative or personal costs, loss of customers, or third-party legal actions.


The following shall not be covered by the warranty:

  1. Any damage resulting from wear and tear, aging, or improper handling, as well as minor damages. After the warranty period lapses, Alaire may offer replacement parts at discounted prices. Minor damages are damages that are not perceptible to the naked eye under natural lighting conditions at a distance of 3 meters diagonally from a damaged product.
  2. Items that have been processed or altered in any way, despite any recognizable defects they may present.
  3. All colours captured photographically may slightly differ from the actual color due to the significant disparity in digital settings and specifications. Alaire is committed to presenting products with the most realistic characteristics possible. The sizes of certain products may also slightly deviate from the sizes specified on our homepage. The margin of error is +/- 5 cm.

Without prejudice to cases where price reduction and termination measures apply, after verifying compliance with the foregoing, Alaire will inform the Buyer of the procedures for repair or replacement of the Items covered by the warranty.


Transportation Damages

The Buyer is required to review and immediately check the accuracy, amount (if all packages are present) and integrity of the delivered Items – if they are correct, complete and intact. Damages to the item received must be communicated to Alaire as soon as possible, preferably no later than 24 hours after delivery, in writing by e-mail to apoiocliente@alaire.pt.


Pursuant to our instructions, the Buyer shall check the condition of the package, as well as of the products delivered at the time of delivery: all damages must be attested by the transporter in the delivery notice or proof of delivery.


In the event of anomalies or damages, the complaint must be immediately made to the carrier by refusing the delivery or noting “ACCEPTED WITH RESERVATION” on the receipt document provided by the carrier, and promptly notifying the incident to Alaire, without prejudice to the application of other relevant legislation regarding the exercise of the right to terminate and the legal warranty.


The Buyer shall provide a short and concise description of the issue, preferably with photographs of the affected areas/defects, the complete product and the packaging in which the products were delivered (photographs with as much detail as possible highlighting the damages to the packaging and the order number in question).


Alaire will reply to the Buyer’s request within 14 days after receiving the complaint notification. The reply to the Buyer’s complaint will be sent to the email address provided by the Buyer at the time of the complaint’s submission.


Returns Policy

The Buyer/Consumer is entitled to unilaterally terminate the sale and purchase agreement, regardless of the respective grounds, without having to offer any explanations and without any penalty, no later than 14 days from receiving the Items. To exercise said right of unilateral termination, the Buyer/Consumer shall, no later than 14 days from receiving the Items, send Alaire’s Customer Service a notice to that effect to e-mail address apoiocliente@alaire.pt., necessarily stating the order information, failing which the notice shall not be enforceable. The Buyer/Consumer may use the unilateral termination form provided here to that effect.


The refund may be issued as a credit note for future use at Alaire or made through the original payment method used at the time of the purchase.


Bespoke products or products made-to-measure following the Buyer’s instruction cannot be returned

The Buyer/Consumer shall in no way be liable for exercising their right to unilateral termination, but shall keep the Items in a manner that enables their return in a proper operating conditions, and shall be liable for any damages or losses thereto. such that they will be capable of being returned a condition that allows them to be returned in proper and usable condition, being responsible for any damages or losses. The Buyer/Consumer shall only be liable for any decrease in the Items’ value resulting from handling them in any way other than that required for establishing their nature, characteristics, and operation. The Items shall, in any event, be handled with normal care and returned intact, complete with all their components, fully operational, complete with all accessories, manuals and illustrations and disposable seals, if any, still attached to the Items and intact and untampered and preferably in their original package.


The Buyer/Consumer may exercise their right to unilateral termination in the terms stated and with regard to each purchased Item as a whole, and cannot exercise said right in relation to one or more of its components.


To make a return, the Buyer may deliver the Items to any Alaire Showroom or request our team’s item pick-up service at the corresponding cost. The Item shall be adequately packaged in order to be transported and be ready for pick-up on the pavement.


The Buyer/Purchaser may further return the Item(s) through a courrier/transportation company of their choosing and directly assume the respective costs.


The Buyer/Consumer shall be solely responsible for returning the Item in the same conditions as they received it.


Alaire shall examine the Item upon receipt to assess any damages or adulterations. If, following the assessment, the returned Item is found not to be in the same condition as it was at the time it was sent (e.g. mechanical damages caused during the assembly or dismantling or signs of wear and tear), Alaire reserves itself the right to charge the cost of the replacement parts or of the Item’s depreciation following the assessment of the damages.


Following the Item’s receipt, the Buyer shall receive their money back within 7 days, through the original payment method used at the time of the purchase. Unless a different payment method is agreement with the Buyer, but with no additional costs for Alaire.


If you have any questions regarding a return, our customer service team will be happy to assist you.


We do not guarantee full accuracy and completeness


The information posted on the website is provided by Alaire solely for personal use and informational purposes and may be changed at any time without prior notice. Alaire does not guarantee that the information posted on the website is accurate, complete and up-to-date, even when the strictness required was applied in collecting information from sources considered reliable. Furthermore, Alaire waives any liability for divergent or incomplete assembly instructions for which the manufacturer is liable.


Liability Disclaimer

Alaire shall in no way be liable for any losses or damages of any kind – whether direct, indirect, or consequential – that may arise from the use and consequent access to the Alaire website or links to third-party websites. Alaire does not guarantee that individual segments of its website will function perfectly. Furthermore, Alaire shall not be liable for unauthorized tampering with the Internet user’s computer system.


As such, Alaire hereby explicitly draws attention to the dangers of viruses and the possibilities of targeted hacker attacks. To combat viruses, we recommend using the latest web browser versions and installing regularly updated antivirus software. Opening e-mails from unknown sources and unexpected e-mail attachments should be categorically avoided.


PRIVACY AND PERSONAL DATA PROTECTION

Any personal data collected on the website will be kept confidential and not be sold, disclosed, or reused in any way by third parties without your authorization. Any personal data provided will be processed in accordance with the current data protection legislation and best practices. The collected personal data will be used solely for the purpose of providing the functionalities and services offered on the website and improving your experience on it. The user’s personal data shall be properly protected through technical and organizational mechanisms adopted to that effect and security protocols suited to internet communications and shall be on a secure server with restricted access. For more information on how we process your personal data, please refer to our Privacy Policy and Cookies Policy.


For any further information regarding the privacy policy, the Customer can either submit a specific request to info@alaire.pt by e-mail, or a letter to our registered offices at Rua do Cruzeiro, nº27, 2710-306 Linhó, Sintra (Portugal).


Links to other websites

Certain links on the Alaire website may redirect to third-party websites. These websites are completely beyond Alaire’s control and, as such, Alaire cannot accept any liability for the accuracy, completeness, and legitimacy of their contents or for any offers and services contained therein.


APPLICABLE LEGISLATION AND DISPUTE RESOLUTON

These General Terms and Conditions are governed by Portuguese law, and any disputes arising herefrom and/or from the fulfilment of any order placed shall be exclusively subject to the jurisdiction of the Portuguese courts, namely the court with territorial jurisdiction over the location of Alaire’s registered offices.


Alaire informs the Consumer/Buyer that a European platform for online consumer dispute resolution (the so-called ODR platform) has been established. The ODR platform can be accessed at the following address: http://ec.europa.eu/consumers/odr/. Through the ODR platform, the consumer can consult the list of ODR entities, find the link to each entity’s website, and initiate an online dispute resolution procedure for the dispute in which they are involved.


The Consumer/Buyer may also resort to the following alternative consumer dispute resolution entities:


l- CNIACC – Centro Nacional de Informação e Arbitragem de Conflitos de Consumo, Tel.: 213 847 484; E-mail: cniacc@fd.unl.pt


– CIMAAL – Centro de Informação, Mediação e Arbitragem de Conflitos de Consumo do Algarve, Tel.: 289 823 135; E-mail: cimaal@mail.telepac.pt; info@consumoalgarve.pt


– Centro de Arbitragem de Conflitos de Consumo do Distrito de Coimbra, Tel.: 239 821 690/289. E-mail: geral@centrodearbitragemdecoimbra.com


– Centro de Arbitragem de Conflitos de Consumo de Lisboa Tel.: 218807030. E-mail: juridico@centroarbitragemlisboa.pt; director@centroarbitragemlisboa.pt


– Centro de Informação de Consumo e Arbitragem do Porto, Tel.: 225 508 349 / 225 029 791; E-mail: cicap@mail.telepac.pt


– Centro de Arbitragem de Conflitos de Consumo do Vale do Ave/Tribunal Arbitral, Tel.: 253 422 410; E-mail: triave@gmail.com


– Centro de Informação, Mediação e Arbitragem de Consumo (Tribunal Arbitral de Consumo), Tel.: 253 617 604; E-mail: geral@ciab.pt


– Centro de Arbitragem de Conflitos de Consumo da Região Autónoma da Madeira, Tel.: 291 215 070; E-mail: centroarbitragem.srias@madeira.gov.pt.


CHANGES AND UPDATES

Alaire reserves the right to modify these General Terms and Conditions without prior notice, with any changes being posted on the Website. The changes to these General Terms and Conditions will only apply to orders placed after the date on which they are posted on the Website.


Accessing and using the Website, as well as purchasing products, imply reading, understanding, and accepting these General Terms and Conditions.


For any other legal information, please refer to the Terms of Use and Privacy Policy.


Effective from January 2023.