Please read these Terms and Conditions (“Terms”) carefully before accessing or using the website www.esm.co.mz (the “Website”) or placing any order with Espuma de Moçambique, Lda, operating under the Eden Colchões e Mobília brand (“we”, “our”, “us”, or the “Company”). By accessing, browsing, or using the Website, or by placing an order, you (“Customer” or “you”) acknowledge that you have read, understood, and agree to be bound by these Terms, as well as by our Privacy Policy. If you do not agree with all of these Terms, you must not access the Website or use our services. We reserve the right to update, amend, or replace any part of these Terms at any time by publishing the revised version on this page, together with the corresponding revision date. It is the Customer’s responsibility to review this page periodically. Your continued use of the Website following the publication of any changes constitutes your acceptance of those changes.
1. Definitions
“Website” means the online store www.esm.co.mz and any associated subdomains, applications, or platforms. “Product(s)” means the goods and items offered for sale by the Company, including customised products and products manufactured to order. “Order” means a purchase request for one or more Products submitted by the Customer through an Official Sales Channel. “Official Sales Channels” means the purchasing channels recognised by the Company, as set out in Clause 4.1. “Business Days” means Monday to Friday, excluding public holidays in the Republic of Mozambique.
2. Scope of Application
These Terms govern all purchases of Products made through the Website or any Official Sales Channel and apply to all Customers, whether they are individual consumers purchasing Products for personal, non-commercial use or legal entities purchasing Products for commercial purposes. Where applicable, the consumer protection provisions set out in Law No. 22/2009 of 28 September, together with any other applicable Mozambican legislation, shall prevail over any provision of these Terms that conflicts with such legislation. Any new functionality, Product, or service added to the online store shall also be subject to these Terms.
3. Customer Registration and Account
Completion of a registration form containing accurate, complete, and up-to-date information (including the Customer’s name, telephone number, email address, and delivery address) is required in order to place Orders online. The Customer is responsible for maintaining the confidentiality of their account credentials and for all activities carried out through their account. Customer accounts are intended for the use of a single individual only. Usernames and passwords must not be shared with third parties.
4. Orders
4.1 Official Sales Channels
Orders shall only be recognised by the Company when submitted through one of the following Official Sales Channels:
(i) directly through the Website;
(ii) by telephone through an authorised Company representative;
(iii) by email sent to an official Company email address; or
(iv) in person at one of the Company’s stores or showrooms.
Orders submitted through any other means (including social media platforms not officially managed by the Company or through unauthorised intermediaries) shall not be binding upon the Company and may not be processed.
4.2 Order Confirmation and Binding Effect
All Orders submitted through the Website are subject to review and approval by the Company’s sales team. Once approved, the Order will be reserved pending payment, which must be made by bank transfer or any other payment method made available by the Company. Proof of payment must be sent by email within three (3) Business Days following the Order confirmation. If proof of payment is not received within this period, the Order shall be automatically cancelled. An Order shall only become final and binding when: (a) the payment (whether in full or the applicable deposit) has been validated and the Customer has received an Order confirmation by email from the Company; or (b) in the case of in-store Orders, upon payment and the Customer’s signature of the pro forma invoice or order form.
4.3 Order Amendments or Cancellation by the Customer
Any request to amend or cancel an unpaid Order must be submitted in writing to the Company representative who registered the Order within forty-eight (48) hours of the Order confirmation. After this period, or once the Order has been paid, the Company reserves the right to refuse any amendment or cancellation, without prejudice to the provisions of Clause 11 (Withdrawal, Returns and Refunds).
4.4 Products Available in Stock
For Products that are available in stock, the Company will require full payment (100%) before collection or dispatch. Products cannot be reserved or held without the corresponding payment.
5. Customised or Made-to-Order Products
Products manufactured according to specific measurements, fabrics, colours, or non-standard configurations are subject to specific conditions. Once an Order has been confirmed with the preferences selected by the Customer (including fabric, design, size, colour, or other specifications), it will not be cancelled, amended, exchanged, or returned, except in cases of evident manufacturing defects or proven non-conformity, in accordance with Clause 10 (Warranty). Production lead times for these Products are typically longer than those applicable to standard Products and will be communicated to the Customer at the time of Order confirmation.
6. Prices
All prices displayed on the Website are expressed in Mozambican Meticais (MZN) and include Value Added Tax (VAT) at the applicable legal rate. Prices communicated to the Customer in a quotation or pro forma invoice remain valid fifteen (15) days from the date of issue, unless otherwise stated. The Company reserves the right to change prices at any time, without prior notice, for Orders that have not yet been confirmed. No price change shall affect Orders that have already been confirmed and paid for. We make every effort to ensure the accuracy of the information provided on the Website and in invoices; however, discrepancies may occur due to model changes, pricing typographical errors, or stock availability updates. The Company shall not be held liable for good-faith errors and reserves the right to correct the price or cancel the affected Order, promptly informing the Customer and offering the option to proceed with the purchase at the correct price, select an alternative Product, or receive a full refund of any amounts already paid.
7. Payment Methods
Accepted payment methods include: cash, debit or credit card (Visa and Mastercard), direct bank transfer, cheque, and other electronic payment methods that may become available (including E-Mola, M-Pesa, and M-kesh, where applicable). Online payments may be made through direct bank transfer or through the electronic payment methods indicated on the Website. Payments made by bank transfer or cheque shall only be considered valid once receipt and clearance of funds into the Company’s bank account have been effectively confirmed. Any amount with a status of “pending clearance” shall not be considered payment until the bank confirms the release of funds. No Order shall be processed, dispatched, or made available for collection before such confirmation. Products shall remain the exclusive property of the Company until full payment of the corresponding purchase price has been received. For any questions regarding the online purchasing process, please contact us at esales@esm.co.mz.
8. Delivery and Shipping
8.1 Delivery Coverage Area and Free Delivery
For Orders with a value equal to or greater than 100,000.00 Meticais, delivery is free of charge, provided that delivery service is available in the Order’s city, that the delivery address is located within a maximum distance of 10 km from the nearest shop or warehouse, and that the Company’s delivery vehicle can access the location without obstacles. The Company does not provide deliveries to certain municipalities, rural properties, plots of land, or peripheral areas with difficult access, nor to locations beyond the maximum delivery distance stated above. Delivery is subject to service availability in the relevant city and to confirmation that the address falls within the applicable distance limit. The eligibility of a delivery address shall be confirmed prior to placing the Order.
8.2 Delivery Times
Delivery shall take place once all items included in the Order are available. For Products that are not immediately available in stock or that are customized, the estimated delivery timeframe shall be communicated to the Customer. Typical lead times are three (3) to five (5) Business Days for mattresses and two (2) to four (4) weeks for furniture. These timeframes are estimates only. Any delays shall be communicated to the Customer and shall not, by themselves, grant the Customer the right to compensation, penalties, or cancellation of the Order, except where the delay is attributable to wilful misconduct or gross negligence by the Company.
8.3 Access to the Delivery Location
The Customer is responsible for ensuring that the delivery location is accessible, including through doors, corridors, stairways, and lifts/elevators under normal conditions of use. Unloading shall be carried out by the Company; however, handling and final placement of the Product inside the residence shall be the Customer’s responsibility. The Company may provide occasional assistance where such assistance is simple and safe to perform. In the event of insufficient or impossible access, the Products may be left at the entrance of the property, under the Customer’s sole responsibility, with all interior placement being entirely the Customer’s responsibility. Any delivery requiring exceptional procedures (for example, through balconies, windows, or rope systems) shall be carried out using the Customer’s own resources and under the Customer’s full responsibility. Any damage caused to the Product during such maneuvers shall be borne by the Customer.
8.4 Delivery Attempts and Customer Absence
The Company shall contact the Customer at least twenty-four (24) hours in advance of the scheduled delivery date. If the Customer is unjustifiably absent at the agreed delivery time, the Customer shall either bear an additional charge for a new delivery attempt, or collect the Order at the Company’s warehouse during business days and business hours, at the Customer’s own expense, within one (1) week of the failed delivery attempt. If the Customer fails to collect the Order within the aforementioned one (1) week period, the Company reserves the right to charge a daily storage fee of 500.00 (Five Hundred) Meticais per item, effective from the day following the expiry of the said period. If the Order remains uncollected, or if any amount due under this clause remains unpaid, for a period of sixty (60) days from the date on which the Customer was notified of the Order’s availability, the Company reserves the right to dispose of the Products (including by selling them to third parties) in order to recover any costs incurred, without prejudice to any amounts that may still be owed by the Customer. Any change to the delivery address must be communicated at least twenty-four (24) hours in advance.
9. Store Collection
Orders must be collected during the Company’s normal business hours upon presentation of the reservation form or proof of payment. Without these documents, the Order will not be released. The Customer agrees to collect the Order within thirty (30) days after being notified of its availability. If the Order has not been collected within this period, the Company reserves the right to charge a daily storage fee of 500.00 (Five Hundred) Meticais per item, effective from the day following the expiry of the aforementioned period. If the Order remains uncollected, or if any amount due under this clause remains unpaid, for a period of sixty (60) days from the date on which the Customer was notified of the Order’s availability, the Company reserves the right to dispose of the Products (including by selling them to third parties) in order to recover any costs incurred, without prejudice to any amounts that may still be owed by the Customer.
10. Warranty
Products manufactured by the Company are covered by a warranty period of six (6) months against manufacturing defects, provided the products are used under normal conditions of use, except for products intended for short-term use, which are not covered by this warranty. The Customer must verify the proper functioning of the Products within three (3) days following receipt. Products not manufactured by the Company (third-party resale products) are covered by a warranty period of one (1) month against manufacturing defects under normal conditions of use. The Customer is solely responsible for selecting the Product appropriate to its intended use. The warranty shall be void if the Product is used for a purpose other than that for which it was designed or intended. The warranty shall become void if the Product presents damage resulting from transportation by third parties not contracted by the Company, misuse, improper handling, or inadequate maintenance or storage. Presentation of proof of purchase is mandatory in order to make a warranty claim. Any part repaired or replaced under warranty shall retain the remaining period of the original warranty or shall benefit from a period of ninety (90) days from the date of repair or replacement, whichever period is longer for the Customer. The replaced part shall become the property of the Company. Without prejudice to mandatory consumer rights provided for under Law No. 22/2009 of 28 September, the Company, its shareholders, employees, and agents shall not be liable for any indirect, incidental, or consequential damages, including loss of income or business, arising from the provision of services or supply of Products, to the maximum extent permitted under applicable Mozambican law. The warranty is provided on a best-efforts basis. The Company does not guarantee the immediate availability of replacement parts and undertakes to inform the Customer of any relevant limitations.
11. Withdrawal, Returns and Refunds
In accordance with Law No. 22/2009 of 28 September, consumer Customers have the right to clear and accurate information regarding the Products purchased. Where the lack or insufficiency of such information prevents the proper use of the Product, the Customer may exercise the right to withdraw from the contract within seven (7) Business Days from receipt of the Product, by providing written notice to the Company. Outside of this scope, and without prejudice to mandatory legal provisions, the Company does not accept the cancellation of Orders that have already been paid for. The Customer agrees to reasonably inspect the Product prior to purchase. Any non-conformity, transport damage, or dissatisfaction with the Order received must be communicated to the Company within three (3) Business Days following receipt, together with photographs and proof of purchase. The following are excluded from return, exchange, or refund: • Customised Products or Products manufactured to order (except in cases of proven defects in accordance with Clause 10); • Products sold under clearance or promotional conditions and identified as such; and • Damage resulting from improper use, handling, or storage after delivery.
12. Customer Responsibilities
The Customer is responsible for the accuracy of the information provided (including measurements of the intended installation or placement area), verifying in advance the suitability and dimensions of the Product for the intended location, ensuring accessibility of the delivery site, and ensuring their presence or that of an authorised representative at the time of delivery or collection.
13. Personal Data Protection
The Company is committed to adopting all reasonable measures to protect Customers’ personal data, in accordance with applicable Mozambican data protection legislation and our Privacy Policy, available on the Website. Personal data collected through the Website, including but not limited to the Customer’s name, contact details, delivery address, order information, and payment-related information, shall be processed for the purposes of managing Orders, invoicing, payment processing, delivery, customer support, and after-sales service. To provide the online shopping service, the Company may use trusted third-party service providers, including website hosting providers, e-commerce platform providers, payment service providers, delivery partners, and technology providers. These entities may process personal data strictly to the extent necessary to provide their contracted services and maintain the operation, security, and functionality of the Website. The Company does not sell, rent, or transfer Customers’ personal data to third parties for marketing purposes unrelated to the services provided, except where required by law or where the Customer has provided explicit consent. Where applicable, Customer data may be processed or stored outside Mozambique by service providers engaged by the Company, subject to appropriate safeguards and confidentiality obligations. The Customer may exercise their rights of access, correction, updating, or deletion of their personal data by contacting esales@esm.co.mz.
14. Intellectual Property
All content available on the Website — including texts, images, trademarks, logos, layout, and software — is the property of the Company or its licensors and is protected under applicable intellectual and industrial property laws in Mozambique. The reproduction, distribution, or use of such content, whether in whole or in part, is prohibited without the Company’s prior written authorisation. By submitting content (including comments, reviews, or images) to the Website, the Customer grants the Company the right to use, reproduce, and disclose such content for commercial and promotional purposes, in any format and through any channel.
15. User Conduct
When using the Website, the Customer agrees not to publish, upload, or distribute any content that is unlawful, offensive, and defamatory, infringes third-party rights, or contains viruses or malicious code. The Customer also agrees not to collect data from other users for the purpose of sending unsolicited communications.
16. Website Disclaimer
The Website and its content are provided on an “as is” and “as available” basis, without warranties of any kind regarding their accuracy, uninterrupted availability, or absence of errors. To the maximum extent permitted under Mozambican law, the Company shall not be liable for any damages arising from the use of, or inability to use, the Website, nor for third-party content or functionalities accessible through the Website.
17. Force Majeure
The Company shall not be held liable for any total or partial failure to perform its obligations where such failure results from circumstances of force majeure or unforeseeable events, including, without limitation, natural disasters, acts of public authorities, strikes, supply chain disruptions, or any other circumstances reasonably beyond the Company’s control.
18. Amendments to These Terms
The Company reserves the right, at its discretion, to amend these Terms at any time without any prior notice. Any amendments shall become effective from the date of their publication on the Website, subject to the minimum advance notice period indicated in the preamble of these Terms, where applicable. Customers are advised to review this page periodically.
19. Severability and No Waiver
If any provision of these Terms is deemed invalid, unlawful, or unenforceable by a competent authority, such provision shall be severed from the remaining provisions, which shall remain in full force and effect. No tolerance, delay, or failure by the Company to exercise any right provided under these Terms shall be interpreted as a waiver of such right or of any other right. Any addition, amendment, or cancellation of these Terms, when individually agreed with a Customer, shall only become effective if made in writing and signed by both parties.
20. Applicable Law and Dispute Resolution
These Terms shall be governed by the laws of Mozambique. In the event of a dispute, the parties shall make good-faith efforts to reach an amicable resolution. If no agreement is reached, the dispute shall be submitted to the competent courts of Matola, Maputo Province, Republic of Mozambique, without prejudice to any rights granted to consumers to seek assistance from legally established consumer protection authorities.
21. Communications and Email
The Customer agrees that the telephone number(s) and email address provided constitute valid means of contact for the purposes of these Terms, including the delivery of legal notices. Information contained in emails sent by the Company, including attachments, may be confidential and intended exclusively for the recipient. If received in error, the recipient must notify the sender and delete the communication, and must not reproduce, distribute, or use its contents.
22. Limitation of Liability
The Company implements reasonable technical and security measures to protect its infrastructure, servers, and Customer data. However, without prejudice to mandatory consumer rights under Law No. 22/2009 of 28 September, and to the maximum extent permitted under applicable Mozambican law, the Company shall not be held liable for any loss, damage, or alteration of data resulting from unauthorized third-party access, hacking, malware, phishing, ransomware, or other malicious cyberattacks targeting its infrastructure, servers, or third-party vendors, provided such incidents are not the result of the Company’s gross negligence or willful misconduct.
23. Company Information and Contacts
Espuma de Moçambique, Lda, with registered office at Av. Samora Machel, Witbank KM21, Parcela 3380/06, Tchumene, Matola, Maputo Province, Mozambique, holder of NUIT No. 400309809, operating the Website under the Eden Colchões e Mobília brand.
Telephone / WhatsApp: +258 87 000 3388
Email: esales@esm.co.mz
Website: www.esm.co.mz
By placing an Order or using this Website, the Customer declares that they have read, understood, and accepted these Terms and Conditions in their entirety.