TERMS AND CONDITIONS OF SALE

1. General Provisions and Seller Identification

1.1. These terms and conditions of sale (the “Terms”) govern the purchase and sale of goods via the website www.giocup.pt (“Website”), between the consumer (“Customer”) and Turtle Petals, Lda, owner of the GIOCUP® brand, company registration number 516 034 790, with its registered office at Zona Industrial da Jardoeira, Rua 1, Lt 316, N3, 2440‑001 Batalha, Portugal.

1.2. Before placing an order, the Customer declares that they have read, understood, and fully accepted these Terms, as well as the Privacy Policy and the Cookie Policy.

1.3. Contacts: giocup@giocup.pt | +351 925 853 551.

1.4. For the purposes of these Terms:
・“Turtle Petals”, “Seller”, “we” and “our” refer to the legal entity responsible for the commercial and contractual operations, and the owner of the “GIOCUP®” trademark.
・ “GIOCUP®” refers to the trademark, the Website and the Products sold.
・ “Customer” refers to the consumer who makes purchases on the Website.

2. Purpose, Scope, and Languages

2.1. These Terms apply to orders placed by a Customer through the Website, with delivery in Portugal and in European countries (EU/EEA).

2.2. The Website and these Terms are available in Portuguese and English. Before completing any purchase, checkout clearly displays the essential information required for distance contracts, including the total price (including taxes and shipping) and clear “obligation to pay” wording. For sales to other countries, this information is provided without prejudice to mandatory consumer rights in the destination country.

3. Pre-Contract Information, Products, and Essential Characteristics

3.1. Produtos e finalidade de uso
A Turtle Petals comercializa copos menstruais destinados à recolha do fluxo menstrual para uso interno vaginal por pessoas com menstruação, sob a marca GIOCUP® (os “Copos”, “Copo”). Os copos estão disponíveis nos tamanhos 0, 1 e 2, bem como em várias cores (atualmente quatro), mantendo a mesma composição de material independentemente da cor. A sua forma, flexibilidade e dimensões foram concebidas para facilitar a inserção, a vedação e a remoção, quando utilizados de acordo com as instruções.

3.2. Materials, certifications, and material safety
The Cup is made of medical-grade silicone. The included accessory consists of a recyclable plastic case, FDA-certified, allowing for a practical and safe sterilization routine. The materials were selected to reduce the risk of allergies/irritation; however, the Customer should discontinue using the product and consult a doctor in case of any reaction.

3.3. Package contents, single units, and double packs

3.3.1. Single unit: includes (i) 1 Cup in the selected size, (ii) 1 recyclable plastic case, (iii) an instruction leaflet with safety warnings and a QR code linking to updated digital content, and (iv) outer packaging with a tamper-proof hygiene seal.

3.3.2. Double pack: includes (i) 2 Cups in two different sizes (e.g., 0+1 or 1+2), (ii) 1 recyclable plastic case, (iii) an instruction leaflet with safety warnings and a QR code linking to updated digital content, and (iv) outer packaging with a tamper-proof hygiene seal.

3.3.3. For sustainability reasons, the Cup(s) do not have additional individual packaging; the outer packaging displays a life-size image of the Cup(s), allowing visual verification without opening.

3.3.4. The exact contents are always shown on the product page and at checkout before payment.

3.4. Size selection and fit guidance
Size selection should consider factors such as age, history of vaginal delivery/C-section, pelvic floor tone, flow intensity, and cervix position. It is common to require adjustments to folding/insertion angle and a few cycles for adaptation.

3.5. Essential instructions for use and sterilization
The Website provides a summary of instructions and safety warnings, with a link to the full leaflet and content via QR code. The Customer undertakes to read and follow the instructions before using the product. In summary:
・ Sterilization in boiling water: perform at the beginning of each menstrual cycle (boil for 4–5 minutes).
・ Usage time: remove, empty, and wash the cup according to the instructions within a maximum interval of 12 (twelve) hours during your period.
・ Cleaning between uses: warm water and mild soap; rinse thoroughly; avoid residues.
・ Safe removal: break the vacuum before removal to reduce traction and discomfort.
・ Storage: after the cycle, wash/dry and store in a clean, dry place, preferably in the provided plastic case.
・First uses: minor adjustments are normal; if you experience pain, discomfort, unusual odor, irritation, or atypical symptoms, discontinue the use and consult a doctor.

3.6. Compatibility and restrictions
For material protection and safe use, the following rules apply:
・Temperatures: do not exceed the temperatures indicated in the instructions; avoid direct heat sources and abrasive surfaces.
・ Chemicals: do not use bleach, solvents, essential oils, caustic/abrasive products, or detergents that are not mild/neutral and suitable for intimate contact.
・ Use during physical activity: Cups may be used during sports and physical activities, including swimming and training, provided they are correctly inserted and properly sealed; prior testing is recommended in a less demanding context, and attention should be paid to removal/cleaning intervals (see 3.5). If discomfort occurs, discontinue the use and adjust insertion.
・Pregnancy/postpartum: do not use without medical guidance, as anatomy and clinical risks may change significantly.
・ Intrauterine devices (IUD): the Cup may be used by people with an IUD subject to prior medical advice; it is essential to break the seal/vacuum before removal (see Section 20).
・ Clinical conditions: history of TSS (Toxic Shock Syndrome), active infections, or gynecological conditions require prior medical advice; if symptoms occur, discontinue the use immediately and seek medical assistance.

・Allergies: despite material selection, allergic reactions are possible; in case of hypersensitivity, discontinue the use immediately and consult a doctor.
・Anatomical conditions and medical consultation: people with uterine prolapse, uterine retroversion, or anteflexion should consult a doctor/gynecologist before using a menstrual cup.
・ Discontinue the use and seek medical advice: if you experience inflammation, pain, burning sensation, or continuous/persistent irritation after starting use, immediately stop the use, check correct placement, and consult a doctor.

3.7. Pre-contract information and checkout transparency
Before payment confirmation, the checkout clearly displays: the essential product characteristics, the total price (including VAT and shipping), indicative delivery timeframes, the existence of the right of withdrawal (14 days) and the applicable health/hygiene exception, as well as information on the statutory conformity warranty. The final button includes “obligation to pay” wording, ensuring informed consent.

3.8. Sustainability and packaging
Turtle Petals adopts sustainable packaging options, minimizing non-essential components without compromising hygiene or consumer information. The hygiene seal is placed on the outer packaging to ensure integrity; the life-size image supports transparency in product selection without having to open the product before purchase.

3.9. Instruction updates
Instructions and safety content may be updated to reflect technical improvements or new best practices. The QR code links to the most recent version.

3.10. Double packs
To help customers who are unsure about sizing, Turtle Petals offers double packs containing two cups of different sizes (e.g. 0+1 or 1+2) at a better value than buying them individually. The contents of the pack, the sizes included and the final price are clearly displayed at the checkout stage, before proceeding to payment. The packaging features the hygiene seal and a life-size image.

4. Prices, Taxes, and Promotions

4.1. Prices are displayed in euros and include VAT at the rate applicable in Portugal (currently 6% for the relevant product), unless stated otherwise.

4.2. For sales to other countries, applicable VAT may vary depending on the destination VAT rules; the Website will always display the final price including all applicable taxes and costs before payment.

4.3. Shipping costs and any additional charges are calculated at checkout based on the delivery address and shipping option and are communicated before the order is finalized, ensuring transparency.

4.4. Promotions/discounts (including influencer codes) are subject to transparency criteria, are not cumulative unless expressly stated, and, where applicable, comply with the indication of the lowest price previously applied.

5. Payment Methods

5.1. Payments are processed via EU PAGO (PSP – payment service provider).

5.2. Accepted payment methods are displayed at checkout before order confirmation. Any fees/costs associated with the chosen method are disclosed at checkout before confirmation; no additional payments are applied without the Customer´s express consent.

5.3. The order is considered completed once payment is validated.

6. Contract Formation, Communications, and Invoicing

6.1. The contract is deemed formed upon payment confirmation and acceptance of the order by Turtle Petals.

6.2. The Customer receives communications regarding: order placed, payment processed, order completed, and shipment (with tracking, where available).

6.3. The Customer must ensure that email, address, and phone number are correct and up to date; changes after checkout may not be possible.

7. Deliveries: Portugal and Europe

7.1. Portugal (indicative):
・ Mainland: 3–10 business days (Standard); up to 3 business days (Express, where available)
・Autonomous Regions (Madeira/Azores): 3–10 business days (Standard); Express subject to availability

7.2. Europe (indicative):
・ Standard: 4–10 business days (EU/EEA), depending on country, carrier, and shipping option
・Express: up to 4 business days, subject to availability

7.3. Timeframes are counted from dispatch, in business days, and may vary during peak periods (e.g., campaigns, Christmas) and due to external conditions (weather, strikes).

7.4. Customer-related delivery failures (incorrect address, repeated absence) may result in a new delivery attempt with additional costs.

8. Right of Withdrawal (14 days)

8.1. The Customer has 14 days to exercise the right of withdrawal, counted from receipt of the goods, without having to provide a reason, in accordance with the distance contract regime under Decree-Law no. 24/2014 of 14 February, which transposes Directive 2011/83/EU.

8.2. The right may be exercised by an unequivocal statement (e.g., email) or using the model form available on the Website. The request is considered timely if sent before the end of the legal period. Where the request is submitted electronically (including email and online form), Turtle Petals, Lda will provide confirmation of receipt on a durable medium within 24 hours (business days).

8.3. Where withdrawal applies and the product is eligible (see Section 9), the Customer may choose between: (i) a refund of the price paid; or (ii) an exchange for another available size/variant. If there is a price difference, the difference will be charged/refunded before reshipment. The exchange option is a commercial courtesy and does not limit the consumer´s legal right to a refund.

8.4. Eligibility for withdrawal requires that the external hygiene seal remains intact after delivery (see Section 9). For logistical and verification purposes, accessories and original packaging must be returned in suitable conditions for transport and for confirming the seal´s integrity. This approach reconciles the right to change one´s mind with health and hygiene requirements and the ability to reintroduce the goods into commercial circulation without sanitary risk.

8.5. In the case of right of withdrawal, return shipping costs are generally borne by the Customer, except in cases of shipping error or defective product.

8.6. Turtle Petals will refund using the same payment method and may withhold the refund until receipt of the goods or proof of return shipment, to prevent fraud and ensure proper execution of the process.

8.7. Withdrawal terminates performance obligations under the contract without penalty to the consumer; however, rules on depreciation remain applicable where handling exceeds what is necessary for inspection (see Section 10).

8.8. The depreciation regime (Section 10) only applies when the right of withdrawal remains (i.e., when the health/hygiene exception in Section 9 does not apply). In the case of sealed hygiene goods, the opening of the hygiene seal after delivery determines that the right of withdrawal does not apply and therefore there is no return or depreciation.

9. Exception to the Right of Withdrawal for Health/Hygiene Reasons

9.1. Under Article 17(e) of Decree-Law no. 24/2014, in line with Article 16(e) of Directive 2011/83/EU, where sealed goods are involved that are not suitable for return for health protection or hygiene reasons once unsealed, the consumer does not benefit from the right of withdrawal if the hygiene seal has been broken after delivery.

9.2. No caso específico do GIOCUP®, o produto é disponibilizado em embalagem com selo higiénico inviolado, aplicado na parte exterior da embalagem que contém o(s) Copo(s) e a caixa. Por razões de sustentabilidade, o Copo não tem embalagem adicional. Para permitir a verificação visual sem comprometer a higiene, a embalagem exibe uma imagem com o tamanho exato do(s) Copo(s). Antes da compra, o Website informa de forma clara e destacada que a abertura do selo após a entrega implica perda do direito de livre resolução. A embalagem inclui um aviso visível sobre o selo e as consequências da sua abertura.

9.3. In the event of a return, Turtle Petals performs documentary verification and records evidence (photos/checklist) to confirm whether the hygiene seal is intact or broken, ensuring transparency and objective proof. If the hygiene seal is not broken after delivery, the Customer retains the right of withdrawal, without prejudice to liability for depreciation where handling exceeds what is strictly necessary for inspection (see Section 10).

9.4. Double packs (Section 3.10) have a single external seal. Opening the seal renders it impossible to exercise the right to withdraw the pack as a whole.

9.5. The health/hygiene exception prevails over any other return rule: whenever the hygiene seal is broken after delivery, the right of withdrawal does not apply and there is no depreciation calculation (see Section 10).

9.6. This health/hygiene exception does not exclude or limit the consumer´s rights to remedies for lack of conformity due to manufacturing/material defects (statutory warranty), nor does it limit Turtle Petals´ liability in the event of nonconformity.

9.7. Where the health/hygiene exception applies (external hygiene seal broken after delivery), exchanges under the right of withdrawal are also excluded. In such cases, only statutory warranty routes remain (Section 11).

10. Depreciation Due to Handling

10.1. Liability for depreciation applies only where the right of withdrawal is applicable (i.e., where the health/hygiene exception in Section 9 does not apply) and the Customer´s handling exceeded what was necessary to verify the nature, characteristics, and functioning of the goods.

10.2. For sealed hygiene goods with an intact seal, the assessment focuses on non-hygienic elements (namely, significant damage to the outer packaging) that reduce the resale value.

10.3. Depreciation is compensatory in nature, proportionate to the reduction in value compared to a new item, and supported by objective evidence (photos/description). The Customer is informed of the calculation and proposed amount before the refund is finalized.

10.4. If adequate information about the right of withdrawal was not provided, no depreciation may be charged.

10.5. An item with a broken seal is not eligible for withdrawal (Section 9); therefore, no return or depreciation applies. Any solutions may be handled under the statutory conformity warranty (Section 11), where applicable.

11. Statutory Conformity Warranty and After-Sales

11.1. GIOCUP® products are covered by the statutory guarantee of conformity applicable to consumer goods, covering manufacturing or material defects existing at the time of delivery or where a defect is shown to have existed from the outset. This guarantee is intended to ensure that the product meets the promised performance, quality and safety standards, protecting the consumer against non-conformities not attributable to normal use.

11.2. In case of nonconformity, remedies follow the statutory hierarchy: first, repair or replacement, at no cost, within a reasonable time and without significant inconvenience to the Customer. If such remedies are impossible, excessively burdensome, inappropriate, or not provided in a timely manner, the Customer may request an appropriate price reduction or contract termination with refund.

11.3. The warranty excludes situations not related to the original conformity of the goods, including: misuse, failure to follow instructions for use/sterilization, use of non-recommended or aggressive methods (excessive temperatures, chemicals), improper storage, and normal wear consistent with the nature and expected lifespan of the product.

11.4. The after-sales procedure prioritizes speed and safety: contact via email/phone, proof of purchase, description of the issue and, if necessary, return for technical assessment. Turtle Petals will communicate its decision and proposed solution within a reasonable timeframe.

12. Checkout Transparency and Additional Payments

12.1. Before payment, the Website clearly displays: the main characteristics of the product, the total price (including VAT and shipping), indicative delivery timeframes, the existence of the right of withdrawal/exceptions, the health/hygiene exception, and warranty information. The final button contains “Order with obligation to pay” (or equivalent), ensuring informed consent.

12.2. No additional payments are applied without the Customer´s express consent. Paid options are not pre-selected, preventing implied consent and ensuring free and informed choices.

13. Newsletter, Discounts, and Influencer Codes

13.1. Newsletter communications depend on consent and include an easy opt-out in each message; personal data processing follows the Privacy Policy and the GDPR.

13.2. Discount codes (including influencer codes) apply according to the communicated conditions and are not cumulative unless expressly stated; they may have time limits and restrictions on eligible products.

14. Complaints, ADR/ODR, Applicable Law and Jurisdiction

14.1. The Customer may submit complaints via support@giocup.pt and +351 925 853 551. We will respond within 10 (ten) business days, ensuring diligent handling and record-keeping.

14.2. The Electronic Complaints Book is available with prominent access on the Website. A response is provided within 15 (fifteen) business days, in accordance with the applicable national rules (including Decree-Law no. 156/2005, as in force).

14.3. ADR and ODR
For consumer disputes, Turtle Petals identifies the following Alternative Dispute Resolution (ADR) entities:
・ National Consumer Information and Arbitration Center (CNIACC) – nationwide competence: https://www.cniacc.pt/pt/apresentacao-de-reclamacao
・ Consumer Dispute Arbitration Center of the Coimbra Region – regional competence (includes Leiria district): https://www.cacrc.pt/

14.4. In addition, the EU Online Dispute Resolution (ODR) platform is available at: https://ec.europa.eu/consumers/odr.

14.5. The identification of ADR entities does not prejudice access to courts.

14.6. These Terms and Conditions are governed by Portuguese law, and Portuguese courts have jurisdiction, without prejudice to applicable ADR/ODR mechanisms.

15. Privacy and Cookies

15.1. Personal data processing is governed by the Privacy Policy and the Cookie Policy, in compliance with the GDPR.

15.2. The Website uses a consent management platform (CMP) with “Accept”/“Reject”/“Configure” equivalent buttons, prior blocking of non-essential cookies, and a permanent “Manage Cookies” link.

15.3. Consents: newsletter; non-essential cookies (via CMP).

16. Intellectual Property

All content, trademarks, distinctive signs, text, images, and materials on the Website are owned by Turtle Petals or used with authorization. Unauthorized use (reproduction, distribution, modification, or exploitation) is prohibited.

17. Changes to the Terms and Conditions

17.1. Turtle Petals reserves the right to update these Terms; the applicable version is the one published on the Website at the time of purchase.

17.2. Material changes affecting consumer rights are communicated on a durable medium where legally required; continued use/purchase after an update implies acceptance of the new version, without prejudice to mandatory rights.

18. Support and Advice

18.1. Information on the Website is for informational purposes (product use/maintenance) and does not replace clinical advice.

18.2. Our customer support team provides guidance based on information provided by the Customer and the official product instructions. If you have a clinical concern, consult your doctor or gynecologist.

19. Medical Warnings (IUD, TSS, Allergies)

19.1. IUD (Intrauterine Device)
A menstrual cup may be used with an IUD, but we recommend prior consultation with a doctor/gynecologist and paying attention to breaking the vacuum before removal to reduce traction on the device. There is no conclusive evidence of IUD displacement due to proper cup use. Turtle Petals is not responsible for IUD failure or clinical consequences; any concerns should be addressed with a healthcare professional.

19.2. TSS (Toxic Shock Syndrome)
TSS is a rare but serious condition. To reduce risk, sterilize the cup at the start of each cycle (boil for 4–5 minutes or use the recommended method), remove and wash it at least every 12 hours. Do not use it if you have a history of TSS without medical advice and wash your hands before handling. Turtle Petals is not responsible for TSS cases associated with cup use. If in doubt or if symptoms occur, seek medical assistance immediately.

19.3. Allergies
Materials (medical-grade silicone; plastic case) are selected to reduce the risk of allergies/irritation. If a reaction occurs, discontinue the use and consult a doctor. Turtle Petals is not responsible for allergic clinical consequences.

19.4. Pregnancy and postpartum
Use of a menstrual cup during pregnancy and the postpartum period requires individualized clinical assessment. Turtle Petals does not recommend use without prior advice from a doctor/gynecologist. If pregnancy is suspected or confirmed, and until medical guidance is obtained, use should be avoided.

20. Force Majeure

Turtle Petals is not responsible for delays or failure to perform due to force majeure, including natural disasters, strikes, acts of public authorities, widespread transport/logistics disruptions, or other unforeseeable and unavoidable events preventing timely performance, without prejudice to good faith and customer information duties.

21. Contacts

For questions: support@giocup.pt | +351 925 853 551.

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