Terms of service

1. General Provisions and Identification of the Seller

1.1. These terms and conditions of sale (the “Terms”) govern the purchase and sale of goods through the website www.giocup.pt (the “Website”) between the consumer (the “Customer”) and Turtle Petals, Lda, owner of the GIOCUP® brand, legal entity no. 516 034 790, with registered office at Zona Industrial da Jardoeira, Rua 1, Lt 316, N3, 2440‑001 Batalha, Portugal.

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

1.3. Contact details: giocup@giocup.pt | WhatsApp +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, owner of the “GIOCUP®” brand.
・ “GIOCUP®” refers to the trade mark, the Website and the Products marketed.
・ “Customer” refers to the consumer who makes purchases on the Website.

2. Subject Matter, 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, English, Spanish and French; in the event of any discrepancy between versions, the Portuguese version shall prevail. Before any purchase is completed, the checkout unambiguously displays the essential information required for distance contracts, including the total price (inclusive of taxes and shipping costs) and clear wording indicating an obligation to pay. For sales to other countries, this information is provided without prejudice to the mandatory rights of consumers in the countries of destination.

3. Pre-Contractual Information, Products and Essential Characteristics

3.1. Products and intended use
Turtle Petals markets menstrual cups intended to collect menstrual flow, for internal vaginal use by people who menstruate, under the GIOCUP® brand (the “Cups”, “Cup”). The cups are available in sizes 0, 1 and 2, as well as in various colours (currently four), with the same material composition regardless of colour. Their shape, flexibility and dimensions have been designed to facilitate insertion, sealing and removal when used in accordance with the instructions.

3.2. Materials, certifications and material safety
The Cup is made from medical-grade silicone. The accessory included is a reusable, FDA-certified plastic box, allowing for a practical and safe sterilisation routine. The materials have been chosen to reduce the risk of allergies/irritation, without prejudice to the need for the Customer to discontinue use and consult a doctor in the event of a 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 reusable plastic box, (iii) an instruction leaflet with safety warnings and a QR code for up-to-date digital content, and (iv) outer packaging with an unbroken hygiene seal.

3.3.2. Double pack: includes (i) 2 Cups of different sizes (e.g. 0+1 or 1+2), (ii) 1 reusable plastic box, (iii) an instruction leaflet with safety warnings and a QR code for up-to-date digital content, and (iv) outer packaging with an unbroken hygiene seal.

3.3.3. To avoid unnecessary components, the Cup(s) have no additional packaging; the outer packaging displays a life-size image of the Cup(s), allowing visual inspection without opening.

3.3.4. The exact contents are always indicated on the product page and when completing the purchase, before proceeding to payment.

3.4. Choice of size and fitting guidance
The choice of size should take into account factors such as age, history of vaginal births/caesarean sections, pelvic floor tone, flow intensity and cervical position. It is common for adjustments to the fold/insertion angle and a few cycles of adaptation to be necessary.

3.5. Essential instructions for use and sterilisation
The Website provides a summary of the instructions and safety warnings, with reference to the full leaflet and to content available via the QR code. The Customer undertakes to read and follow the instructions before using the product. In summary:
・ Sterilisation in boiling water: carry out at the start of each menstrual cycle (boil for 4-5 minutes).
・ Wearing time: remove, empty and wash the cup in accordance with the instructions at intervals of no more than 12 (twelve) hours during menstruation.
・ Washing between uses: warm water and pH-neutral soap; rinse thoroughly; avoid residue.
・ Safe removal: break the suction before removing to reduce pulling and discomfort.
・ Storage: after the cycle, wash/dry and store in a clean, dry place, preferably in the plastic box provided.
・ First uses: minor adjustments are normal; in the event of pain, discomfort, unusual odour, irritation or atypical symptoms, stop using the cup and consult a doctor.

3.6. Compatibility and restrictions
To protect the material and ensure 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 cleansers that are not pH-neutral and suitable for intimate contact.
・ Use during physical activity: the Cups may be used during sport and physical activity, including swimming and training, provided they are correctly inserted and properly sealed; it is recommended to try them first in less demanding situations and to observe the removal/cleaning intervals (see 3.5). In the event of discomfort, stop using the cup and readjust the insertion.
・ Pregnancy/postpartum: do not use without medical advice, as anatomy and clinical risks may change significantly.
・ Intrauterine devices (IUDs): the cup may be used by people with an IUD subject to prior medical advice; it is essential to break the suction before removal (see clause 19).
・ Clinical conditions: a history of TSS (Toxic Shock Syndrome), active infections or gynaecological conditions require prior medical advice; in the event of symptoms, stop using the cup immediately and seek medical assistance.
・ Allergies: despite the careful selection of materials, allergic reactions are possible; in the event of signs of hypersensitivity, stop using the cup immediately and consult a doctor.
・ Anatomical conditions and medical consultation: People with uterine prolapse, uterine retroversion or anteflexion should consult a doctor/gynaecologist before using the menstrual cup.
・ Discontinuation and clinical assessment: In the event of continuous and prolonged inflammation, pain, burning sensation or irritation after starting to use the cup, stop using it immediately, check that the cup has been inserted correctly and consult a doctor.

3.7. Pre-contractual information and transparency at checkout
Before payment is confirmed, the checkout clearly sets out: the essential characteristics of the product, the total price (including VAT and shipping costs), indicative delivery times, the existence of the right of withdrawal and the respective health/hygiene exception where applicable, as well as information on the guarantee of conformity. The final button includes wording indicating an obligation to pay, ensuring informed consent.

3.8. Packaging
Turtle Petals adopts packaging with a second life, minimising superfluous components without compromising hygiene or consumer information. The hygiene seal is applied to the outer packaging to guarantee its integrity; the life-size photograph provides transparency when choosing, without the need to open the product before purchase.

3.9. Updates to instructions
The instructions and safety content may be updated to reflect technical improvements or new good practice. The QR code links to the most recent version.

3.10. Double packs
To support Customers who are unsure about size, Turtle Petals offers double packs that include two cups of different sizes (e.g. 0+1 or 1+2), at a better price than buying them individually. The pack contents, the sizes included and the final price are clearly displayed when completing the purchase, before proceeding to payment. The packaging bears the hygiene seal and the life-size image.

4. Prices, Taxes and Promotions

4.1. The prices displayed are in euros and include VAT at the rate applicable in Portugal (at present, 6% for the product in question), unless otherwise indicated.

4.2. For sales to other countries, the applicable VAT may vary according to the VAT rules of the country of destination; 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 according to the delivery address and delivery method, and are communicated before the order is completed, ensuring transparency.

4.4. Promotions/discounts (including influencer codes) comply with transparency criteria, cannot be combined unless expressly stated, and, where applicable, comply with the requirement to indicate the lowest price previously applied.

5. Payment Methods

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

5.2. The accepted methods are displayed at checkout, before the order is confirmed. Any fees/costs of the chosen method are communicated at checkout before the order is confirmed, and no additional payments are made without express consent.

5.3. The order is deemed completed once payment has been validated.

6. Formation of the Contract, Communications and Invoicing

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

6.2. The Customer receives notifications of: order placed, payment processed, order completed, and dispatch (with tracking, where available).

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

7. Deliveries: Portugal and Europe

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

7.2. Europe (indicative):
・ Standard: 4-10 working days (EU/EEA), varying by country, carrier and delivery method
・ Express: up to 4 working days, subject to availability

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

7.4. Failure attributable to the Customer (incorrect address, repeated absence): may result in a new delivery attempt at additional cost.

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 give any reason, in accordance with the regime for distance contracts laid down in Decreto‑Lei n.º 24/2014, of 14 February, which transposes Directive 2011/83/EU.

8.2. The right may be exercised by means of an unequivocal statement (for example, by email) or by using the model withdrawal form available on the Website. The right is exercised in time if the communication is sent before the legal deadline expires. Whenever the request is sent electronically (including by email and the online form), Turtle Petals Lda. acknowledges receipt on a durable medium within 24 hours (working days).

8.3. In the event of withdrawal, and provided that the product is eligible (see clause 9), the Customer may choose between: (i) a refund of the price paid; or (ii) an exchange for another available size/variant. In the event of a price difference, the difference will be charged/refunded before the item is re-sent. The exchange option is a commercial courtesy offered by Turtle Petals and does not limit the consumer’s statutory right to a refund.

8.4. Eligibility for withdrawal requires the outer hygiene seal to remain intact after delivery (see clause 9). For logistical and verification purposes, the accessories and the original packaging must be returned in a condition suitable for transport and for proof of the integrity of the seal. This solution reconciles the right of withdrawal with health and hygiene requirements, as well as with the possibility of returning the goods to the market without any health risk.

8.5. In the event of withdrawal, the costs of return are, as a rule, borne by the Customer, except in cases of dispatch error or defective product.

8.6. Turtle Petals issues refunds using the same means of payment and may withhold the refund until the goods have been received or proof of dispatch has been provided, in order to prevent fraud and ensure the proper conduct of the process.

8.7. Withdrawal terminates the obligations to perform the contract without penalty for the consumer; however, the rules on depreciation continue to apply where the goods have been handled beyond what is necessary for mere inspection (see clause 10).

8.8. The depreciation regime (clause 10) applies only where the right of withdrawal remains (that is, where the health/hygiene exception in clause 9 does not apply). In the case of sealed hygiene goods, breaking the hygiene seal after delivery means that there is no right of withdrawal and, consequently, neither a return nor depreciation applies.

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

9.1. Pursuant to Article 17(e) of Decreto-Lei n.º 24/2014, in line with Article 16(e) of Directive 2011/83/EU, where sealed goods are concerned which, for reasons of health protection or hygiene, are not suitable for return once unsealed, the consumer does not benefit from the right of withdrawal if the hygiene seal has been broken after delivery.

9.2. In the specific case of GIOCUP®, the product is supplied in packaging with an unbroken hygiene seal, applied to the outside of the packaging containing the Cup(s) and the box. To avoid unnecessary components, the Cup has no additional packaging. To allow visual inspection without compromising hygiene, the packaging displays an image showing the exact size of the Cup(s). Before purchase, the Website clearly and prominently states that opening the seal after delivery entails the loss of the right of withdrawal. The packaging includes a visible notice about the seal and the consequences of opening it.

9.3. In the event of a return, Turtle Petals carries out a documentary check and records evidence (photographs/checklist) to establish whether the hygiene seal is intact or broken, ensuring transparency and objective proof. If the hygiene seal has not been broken after delivery, the Customer retains the right of withdrawal, without prejudice to liability for depreciation where the goods have been handled beyond what is strictly necessary for inspection (cf. clause 10).

9.4. Double packs (clause 3.10) have a single outer seal; opening it precludes withdrawal from the pack as a whole.

9.5. The health/hygiene exception prevails over any other return rule: whenever the hygiene seal has been broken after delivery, there is no withdrawal, nor any calculation of depreciation (see point 10).

9.6. This health/hygiene exception does not exclude or limit the consumer’s rights to have conformity restored in respect of manufacturing or material defects (legal guarantee), nor does it restrict Turtle Petals’ liability in the event of lack of conformity.

9.7. Whenever the health/hygiene exception applies (outer hygiene seal broken after delivery), exchanges under the right of withdrawal are likewise excluded. In such cases, only the legal guarantee remedies remain available (clause 11).

10. Depreciation due to Handling

10.1. Liability for depreciation applies only where the right of withdrawal is applicable (that is, where the health/hygiene exception in clause 9 does not apply) and the Customer’s handling has exceeded what is necessary to establish the nature, characteristics and functioning of the goods.

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

10.3. Depreciation is compensatory in nature, proportional to the reduction in the value of the returned goods compared with their condition when new, and is substantiated with objective evidence
(photographs/description). The Customer is informed of the calculation and the proposed amount before the refund is completed.

10.4. Where adequate information on the right of withdrawal has not been provided, there is no liability for depreciation.

10.5. An item with a broken seal is not eligible for withdrawal (clause 9), and neither a return nor depreciation applies; any remedies will be provided under the legal guarantee of conformity (clause 11), where applicable.

11. Guarantee of Conformity and After-Sales Service

11.1. GIOCUP® products benefit from the legal guarantee of conformity applicable to consumer goods, covering manufacturing/material defects existing at the time of delivery or whose original defect is demonstrated. This guarantee aims to ensure that the goods deliver the promised functionality, quality and safety, protecting the consumer against any lack of conformity not attributable to use.

11.2. In the event of lack of conformity, conformity is restored in accordance with the legal hierarchy of remedies: first, repair or replacement, free of charge, within a reasonable period and without significant inconvenience to the Customer. If such remedies are impossible, excessively onerous, inappropriate or not carried out in good time, the Customer may demand an appropriate price reduction or termination of the contract with a refund.

11.3. The guarantee does not cover situations unrelated to the original conformity of the goods, namely: misuse, failure to follow the instructions for use/sterilisation, use of non-recommended or aggressive methods (excessive temperatures, chemicals), inadequate storage, and normal wear and tear consistent with the nature and service life of the product.

11.4. The after-sales procedure prioritises speed and safety: contact by email/telephone, presentation of proof of purchase, a description of the problem and, if necessary, dispatch for technical assessment. Turtle Petals communicates its decision and the proposed solution within a reasonable period.

12. Transparency at Checkout and Additional Payments

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

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

13. Newsletter, Discounts and Influencer Codes

13.1. The newsletter is sent subject to consent, and each communication provides a simple opt-out; data processing follows the terms of the Privacy Policy and of Regulation (EU) 2016/679 (GDPR).

13.2. Discount codes (including influencer codes) apply in accordance with the conditions communicated and cannot be combined unless expressly stated; they may be time-limited and subject to restrictions on the products covered.

14. Complaints, ADR, Governing Law and Jurisdiction

14.1. The Customer may submit complaints via support@giocup.pt and WhatsApp +351 925 853 551. We respond within 10 (ten) working days, ensuring diligent handling and the recording of all cases.

14.2. The Electronic Complaints Book (Livro de Reclamações Eletrónico) is made available with prominent access on the Website (direct link). A response is provided within 15 (fifteen) working days, in accordance with the applicable national regime (namely the framework of DL n.º 156/2005 in force).

14.3. RAL/ADR
For consumer disputes, Turtle Petals indicates the following Consumer Dispute Arbitration Centres (RAL/ADR):
・ Centro Nacional de Informação e Arbitragem de Conflitos de Consumo (CNIACC), national jurisdiction:
https://www.cniacc.pt/pt/apresentacao-de-reclamacao
・ Centro de Arbitragem de Conflitos de Consumo da Região de Coimbra, regional jurisdiction (includes the district of Leiria):
https://www.cacrc.pt/

14.4. Further information on alternative dispute resolution for consumer disputes is available on the Portuguese Consumer Portal (Portal do Consumidor): https://www.consumidor.gov.pt.

14.5. The indication of these centres is without prejudice to recourse to the courts.

14.6. These Terms are governed by Portuguese law and the Portuguese courts shall have jurisdiction, without prejudice to the applicable alternative dispute resolution (ADR) mechanisms.

15. Privacy and Cookies

15.1. The processing of personal data is governed by the Privacy Policy and the Cookie Policy, in accordance with the GDPR.

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

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

16. Intellectual Property

All content, trade marks, distinctive signs, texts, images and materials on the Website are the property of Turtle Petals or are used with authorisation, and any unauthorised use (reproduction, distribution, modification or exploitation) is prohibited.

17. Amendments 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. The information on the Website is provided for information purposes only (product use/maintenance) and does not replace clinical advice.

18.2. Our customer support team provides clarification based on the information supplied by the Customer and on the official product instructions. If you have any clinical questions, you should consult your doctor or gynaecologist.

19. Medical Warnings (IUD, TSS, Allergies)

19.1. IUD (Intrauterine Device)
The menstrual cup may be used with an IUD; prior consultation with a doctor/gynaecologist is recommended, as is care to break the suction before removal in order to reduce pulling on the device. There is no conclusive evidence of IUD displacement resulting from proper use of the cup. Turtle Petals accepts no liability for IUD failure or clinical consequences, and any questions should be addressed with a healthcare professional.

19.2. TSS (Toxic Shock Syndrome)
A rare but serious condition. To reduce the risk, you should sterilise the cup at the start of each cycle (boil for 4 to 5 minutes or use the recommended method), remove and wash it at intervals of no more than 12 hours, not use it if you have a history of TSS without medical advice, and wash your hands before handling it. Turtle Petals accepts no liability for cases of TSS associated with the use of the cup. If in doubt or if you have symptoms, seek medical assistance immediately.

19.3. Allergies
The materials (medical-grade silicone; plastic box) are selected to reduce the risk of allergies/irritation. In the event of a reaction, discontinue use and consult a doctor. Turtle Petals accepts no liability for allergic clinical consequences.

19.4. Pregnancy and postpartum
Use of the menstrual cup during pregnancy and in the postpartum period requires individual clinical assessment. Turtle Petals does not recommend its use without prior advice from a doctor/gynaecologist. In the event of suspected or confirmed pregnancy, use should be avoided until medical guidance has been obtained.

20. Force Majeure

Turtle Petals shall not be liable for delays or failures to perform resulting from force majeure, including natural disasters, strikes, acts of public authorities, widespread transport or logistics failures, or other unforeseeable and unavoidable situations that prevent timely performance, without prejudice to good faith and to keeping the customer informed.

21. Contact

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