PREAMBLE

These conditions are agreed between the company Omnipellets, Lda., with registered office at Rua Nossa Senhora de Fátima, 225, Zona Industrial das Areias, 2420-193 Colmeias – Leiria, Share Capital of €1.200.000, registered at CRC Leiria under the unique number of legal and tax entity 510255639, hereinafter referred to as “Martos” and between any natural person of legal age or legal person who wishes to make a purchase through the Martos brand website, www.martos.pt, telephone +351 244 723 389 (call the national fixed network), mail or e-mail, hereinafter referred to as “User”.

Orders will be shipped to mainland Portugal. Martos currently does not deliver to the Islands and abroad. We are making every effort to make this service available.

The parties agree that their relations will be governed exclusively by the general conditions described here.

The Martos, Lda website uses an SSL security certificate for your protection, in order to respect the good practices and uses in force in the e-commerce sector.

ARTICLE 1 – OBJECT

The purpose of these conditions is to define the general conditions of sale, established between Martos and the User, from the time of ordering to the various services provided by Martos, including payment methods and delivery conditions for the goods.

These conditions regulate all the steps necessary to place the order.

ARTICLE 2 – ORDERING

The User may place their order online, on the website www.martos.pt, by telephone, by electronic mail (e-mail), by post.

To place your order, the User must register on the website www.martos.pt, providing certain personal data for this purpose, such as their name, address, etc. For this purpose, the User must complete all mandatory fields on the registration form. Once registration is complete, Martos services will assign you a customer number. Only natural persons who are of legal age or legal entities may create an account on the website www.martos.pt.

If you are already a registered User, you must identify yourself by entering your email address or your customer number, as well as your password.

The User may also register, obtain their customer number and place their order by telephone, in which case their personal data and order data will be collected by the telephone operator.

Validation of the order implies that the User has become aware of and expressly accepts these General Distance Sales Conditions, available for consultation on the website www.martos.pt. as well as the prices and description of the products available for sale.

As soon as your purchase is complete, the User will receive an automatic email confirming the transaction. If the data is not correct, you can immediately request its change, or even cancel the purchase made.

In the case of an order by telephone or by post, Martos will deliver to the consumer the legally stipulated pre-contractual information, including these general distance selling conditions, via email sent the day following the order, confirming this the purchase and sale contract concluded with the User.

In the event of lack of availability of the product, Martos undertakes to inform the User and reimburse him for any amounts he may have paid within a maximum period of 30 (thirty) days from the date of knowledge of this unavailability.

In accordance with the provisions of Decree-Law no. 7/2004 of 7 January (with the amendments conferred by Decree-Law no. de Agosto), regarding electronic commerce, Martos reserves the right to unilaterally cancel the order whenever there is a programming error, a malfunction in Martos' computers, as well as if the contractual proposal arrives deformed at its destination and the error concerns an essential element of the contract.

ARTICLE 3 – DELIVERY

The cost of shipping charges will vary depending on your zip code. You must simulate the shipping cost when placing your order.

Orders can be delivered:

- In your home

Transport will be carried out by an external company specialized in transport, equipped with a lifting platform and pallet trucks to unload the pallet. Delivery will be made using a heavy, 3-axle truck, which will place the pallet in the place where the vehicle can access it. Narrow, sloping or unpaved streets may make delivery unfeasible and lead to new costs. It is up to the customer to meet the necessary conditions for delivery as well as answer the telephone call made by the carrier, in no case will Martos be held responsible for a delivery that is not viable because the conditions for unloading are not met.

The request to collect your order from our facilities will be made the following day after payment confirmation, (except for stock outs, which will be duly communicated), with delivery taking place within 48 hours, except in the Alentejo, Algarve area. , Trás-os-Montes, Interior Zone, where delivery may take up to 72 hours;

Deliveries will be made on working days from 8am to 6pm, without an appointment (it is possible to have a time window, but only informed/defined on the day of delivery). The transport company will call one hour before unloading so that someone is at the address to receive the order.

– At another address

Martos delivers your order wherever you want. Simply indicate the desired address on the order form or by calling our assistants.

To monitor the status of the order, the User can do so directly online, clicking on “My customer account” and choosing the option “Status of my Order” or calling Martos Customer Service at following number: +351 244 723 320 (call to the national landline network) from Monday to Friday from 8:00 am to 7:00 pm.

If the items in your order are all available, the delivery time is on average around 3 to 5 working days, after payment has been confirmed in our bank accounts. If any item in your order is temporarily out of stock, you will receive an email and this information will appear on the invoice that will be sent to you with the remaining items. Items marked out of stock will not be shipped.

ARTICLE 4 – PAYMENT

Martos offers the User the following payment methods:

- By Bank transfer;

You will receive an email with the details to make the payment. Make your payment by bank transfer or direct deposit into our account. Please indicate the order number as a reference for the transfer or deposit. Your order will not be shipped until confirmation of the amount in our account.

After payment, send proof to email martos@martos.pt, mentioning the order number in the subject line. If payment is not made within 5 days, your order will be cancelled.

– With credit card (Visa and Mastercard);

Your order and card details will be sent, duly encrypted, to the bank on the date of your order.

– With Multibanco:

You will receive an email with the details to make the payment at an ATM or Internet Homebanking service. After receiving the data, you have 3 days to make the payment. Your order will not be shipped until confirmation of the amount in our account.

– With MB WAY:

With MB WAY you can pay for your order quickly and conveniently using your smartphone, simply by having an MB WAY account. MB WAY orders will only be processed after payment confirmation. For more information or to find out how to create an account, see the page: https://www.mbway.pt

Payment methods

Métodos de pagamento

ARTICLE 5 – PRICES

Prices must be expressed in euros, with fees and taxes included. The prices shown take into account the VAT applicable on the invoice date. Any change in the applicable VAT rate will be reflected in product prices.

The prices announced on the website www.martos.pt do not include shipping costs, which will be indicated to the User before validating the order.

Prices and specifications are subject to change without notice. However, once the order has been validated, prices cannot be changed in any way. Despite our efforts, some products may be incorrectly priced, which is why Martos checks prices every time it processes orders. If the price of the product is lower than the advertised price, Martos will refund the difference. If the price is higher, Martos will inform the User of this situation by email and will await their decision to accept the new proposal or cancel the order within 15 days from the date on which this was communicated to the User.

ARTICLE 6 – EXCHANGES & RETURNS

All items can be exchanged or returned. The User has a period of 15 (fifteen) days, counting from the date of receipt of the items, to try out the items and if one is not to their liking, they can return them.

The User may also choose to freely terminate the contract, under the applicable legal terms. In order to exercise their right of free termination, the User must communicate to Martos Customer Service their decision to terminate this contract by means of an unequivocal statement (for example, postal mail, or email to martos@martos.pt or telephone +351 244 723 320 (call to the national landline)).

For the free resolution period to be respected, it is sufficient that your communication regarding the exercise of the right to free resolution is sent to Martos before the end of the resolution period.

In the event of termination of this contract, the User will be refunded all payments made, with the exception of delivery costs as well as additional costs resulting from the collection of items by Martos, without undue delay and, in any case, no later than period of 14 (fourteen) days from the date on which Martos is informed of the User's decision to terminate this contract.

Martos hereby informs that it may withhold the refund until it has received the returned goods, or until the User provides proof of sending the goods, whichever comes first.

The User must return the goods without undue delay and no later than 14 (fourteen) days from the day on which he informed Martos of the free termination of the contract, considering that it is respected if the User returns the goods before the end of this period of 14 (fourteen) days.

When returning and exchanging items, the User must respect the following conditions:

Return of items in good condition, with complete original packaging and accompanied by the respective original invoice, and without any signs of actual use; All items will be checked upon arrival at our service and only those that comply with the return conditions will be accepted for exchange or return.

When a refund is due, Martos will proceed as follows:

The refund will be made by bank transfer, with the User indicating the IBAN.

ARTICLE 7 – WARRANTY & AFTER-SALES ASSISTANCE

LEGAL GUARANTEE

In accordance with current legislation (Decree-Law no. 67/2003, of April 8, with changes introduced by Decree-Law no. 84/2008, of May 21), all products sold at www.martos .pt are covered by an ENplus A1 conformity guarantee, in the case of pellets.

If the purchased product is defective or malfunctioning, the User must report the situation to the Martos User Support Service, stating their order number and the description of the defect or malfunction:

by email: martos@martos.pt

by mail: Martos & Cª, Lda Rua Nossa Senhora de Fátima, 200, Zona Industrial das Areias, 2420-193 Colmeias – Leiria

by telephone: +351 244 723 320 (Call to the national landline network) from Monday to Friday from 8am to 7pm.

The costs of returning or collecting items within the warranty period will be borne by Martos.

Upon receipt of the item at Martos' facilities, it will be checked and, in the event of any lack of conformity, the item will be repaired or replaced, if repair is not possible. In this case, Martos will send the repaired item or the new item to the User's address at no additional cost.

If the item is no longer available and cannot be repaired, Martos will reimburse the User for the amount paid for it, as well as the shipping and return costs.

If the check carried out by Martos reveals signs of misuse, and/or any problem that may have caused the defect or malfunction of the item (e.g. falling, humidity, etc.) the User will be contacted to indicate whether they wish to repair the item if it is capable of repair. In this case, the item will be sent to the brand's technical assistance services.

ARTICLE 8 – RESPONSIBILITY

All Products sold on the website www.martos.pt are in compliance with Portuguese legislation.

Martos is not responsible for losses resulting from interference, interruptions, computer viruses, malfunctions or disconnections of the operating system that may temporarily prevent access, navigation or the provision of services to the User.

Martos declines any responsibility for any delay or impossibility of processing the order, particularly at the time of delivery, resulting from an error or insufficient data communicated by the User. Likewise, Martos cannot be held responsible if the failure to fulfill its obligations is attributable to an unpredictable or insurmountable fact of a third party or to a case of force majeure.

ARTICLE 9– INTELLECTUAL PROPERTY

All elements of the Martos website, whether visual or sound, including the underlying technology, are protected by copyright, trademarks or patents. They are the exclusive property of the Martos company.

Therefore, under the terms of the Copyright and Related Rights Code, its use will only be authorized for private purposes, without prejudice to more restrictive provisions contained in the aforementioned Code. Any total or partial reproduction or representation of the website www.martos.pt or of all or part of the elements included therein is strictly prohibited, and must be subject to prior written authorization from Martos, under penalty of recourse to the competent legal means against anyone who act in this way.

The User who has a personal website on the Internet and who wishes to place, for personal use, on his website a simple direct link to the homepage of the Martos website, must request authorization from the company Martos. In this case, it will not be an implicit affiliation or partnership agreement.

On the other hand, any hypertext link directed to the Martos website and using the framing or in-line linking technique requires prior acceptance.

In all cases, any hyperlink, even tacitly authorized, must be removed with a simple request from the company Martos.

ARTICLE 10 – TOTAL AGREEMENT

These general conditions of sale constitute the entire agreement between the parties in question.

If one of the clauses of these conditions becomes null and void, due to a legislative, regulatory change or sentence, this shall in no case affect its validity and respect.

ARTICLE 11 – EXPIRY DATE

All Martos items are valid until available stocks last.

ARTICLE 12– TEST

Portuguese law applies to the sales conditions presented.

To resolve any dispute, there is always the possibility of appealing to an arbitration entity.

The European Union has created a website to help consumers submit complaints about any dispute they are involved in. In this context, Martos provides all the information so that you can exercise your right to complain to an official, third-party entity that is impartial to the process, which will help you resolve the dispute in question. Therefore, if you are dissatisfied with the purchase of a good or service on our website, or with the solution we presented to resolve the situation, you can access this official website https://ec.europa.eu/consumers/odr/main/ ?event=main.adr.show2 and expose your objection.

In the absence of resolution by agreement of the parties, any dispute arising from these General Conditions of Sale will be submitted to the competent Portuguese court.

Colmeias, 05/25/2018