Terms of sale

These terms of sale govern the sale of teas, herbal infusions and accessories on birdofparadise.pt. Prices include VAT. The 14-day withdrawal right applies under Portuguese law and Directive 2011/83/EU, except sealed goods that cannot be returned for hygiene reasons if the seal is broken.

If the Portuguese and English versions differ, the Portuguese text prevails.

1. These terms of sale

Sales on birdofparadise.pt are made by Anna Zgurskaya, a sole trader, NIF 312535090, under the trade name Bird of Paradise. The establishment is at 614 Rua do Rei Ordonho I, 4990-298 Ponte de Lima, Portugal. Contact: loja@birdofparadise.pt.

For an order or for these terms of sale, email loja@birdofparadise.pt or info@birdofparadise.pt, or use WhatsApp +351 925 215 092.

By ordering on birdofparadise.pt you agree to these terms of sale. Please read them before you pay. You confirm that you have legal capacity to contract. In Portugal that means you are at least 18.

Your order is an offer to buy. The contract is made when we accept that offer by email, after your payment has cleared. If we cannot accept the order, we tell you and refund any sum already paid.

2. Products

We aim to describe each tea, herbal infusion and accessory accurately. Photographs come from samples of the products we sell and are illustrative only. Leaf, colour and aroma may vary from batch to batch. That variation alone is not a defect.

These products are foods, not medicines. It is for you to decide whether a tea suits you, including where you take medication or have a health condition. Ingredients, and any allergen notice on the product page, form part of the description you accept.

3. Prices and payment

Prices are in euro and include VAT. Teas and herbal infusions include VAT at the reduced rate. Accessories include VAT at the standard rate. The price of your order is the price at checkout, plus the delivery charge shown before you pay.

We may change a price or an offer for a later order. A confirmed order keeps the price you accepted.

You pay when you place the order. Checkout may offer MB WAY, Multibanco and card, processed by Ifthenpay, and PayPal. We do not store your full card number.

4. Delivery

The delivery charge is shown before you pay. It depends on destination and weight. Delivery is free when the goods total 40 euro or more, including VAT.

We deliver in Portugal with CTT, to the address you give us or to a pickup point you choose at checkout.

Teas and herbal infusions offered for sale are in stock. We dispatch them the same working day if you order before 13:00, mainland Portugal time, and otherwise on the next working day. An accessory that is not in stock may take up to 72 hours to dispatch. These times are estimates. Unless we agree another date, we deliver within 30 days of confirmation.

A working day is Monday to Friday, excluding public holidays in mainland Portugal.

If an item cannot be dispatched, we contact you and refund what you paid for it.

We send tracking when the carrier provides it. Risk passes to you when you, or a person you name other than the carrier, receive the goods. If you choose a carrier we do not offer, risk passes when we hand the parcel to that carrier.

If we miss the agreed delivery time, or the 30-day limit where none was agreed, you may ask us to deliver within a further reasonable period. If we still do not deliver, you may end the contract and we refund what you paid. You may end it at once if we refuse to deliver, or if you told us before ordering that a stated date was essential.

5. Right of withdrawal

If you buy as a consumer, you may withdraw within 14 days without giving a reason, under Decree-Law 24/2014 and Directive 2011/83/EU.

The 14 days are counted from the day after you, or a person you name other than the carrier, receive the goods. If the order arrives in more than one parcel, they are counted from receipt of the last parcel. If the last day is a Saturday, Sunday or public holiday, the period ends on the next working day.

Tell us before the period ends, by email to loja@birdofparadise.pt or info@birdofparadise.pt. You can write: "I withdraw from my contract for order [number], received on [date]. My name and address: […]." Sending the message before the deadline is enough.

Send the goods back within 14 days of that message, to Bird of Paradise, 614 Rua do Rei Ordonho I, 4990-298 Ponte de Lima, Portugal. You pay the cost of the return, unless the goods are defective or we failed to tell you that this cost is yours.

We refund all sums received from you, including ordinary delivery. We do not refund the extra you paid for a delivery option dearer than the cheapest ordinary delivery we offered. The refund uses the same means of payment, unless you agree otherwise, and we charge no fee for it.

We may wait until we have the goods back, or until you prove you sent them, whichever comes first. We refund within 14 days of your message, subject to that.

You answer for a loss in value only if you handle the goods more than is needed to examine their nature, qualities and functioning.

How to send a parcel back, and the model withdrawal form, are set out on the returns page.

6. When withdrawal does not apply

Withdrawal does not apply to sealed goods that cannot be returned for health or hygiene reasons if the seal is broken after delivery. That is Article 17(1)(e) of Decree-Law 24/2014. An opened pack of tea or herbal infusion falls under that exception. It is not the rule for goods that go out of date quickly. A pack that is still sealed may be returned. An accessory may be returned. If you use it beyond the check you would make in a shop, you answer only for the loss in value.

7. Defects

Withdrawal is separate from your rights where goods are not as agreed. Under Decree-Law 84/2021 we are liable for a lack of conformity that appears within three years of delivery. If it appears in the first two years, it is presumed to have existed on delivery, unless that presumption does not fit the goods or the defect.

You may require repair or replacement or, where the law allows, a lower price or the end of the contract. In the first 30 days after delivery you may choose replacement or the end of the contract directly.

Write to us before you post a product back. If the goods are defective, we pay the return. These rights cannot be cut down by these terms of sale.

8. Liability

These terms of sale do not limit any right or liability that the law does not allow us to limit. Outside those mandatory rules, we are not liable for indirect loss.

9. Changes

We may update these terms of sale for future orders by publishing the new text on this website. The version in force when we confirm your order is the one that applies to it.

10. Data, complaints and law

We use your email, address and order details to perform the contract. See the privacy policy.

You may use the electronic complaints book at livroreclamacoes.pt. You may also refer a consumer dispute to an arbitration centre under Law 144/2015. Going to arbitration is not a condition of bringing a claim in court.

Portuguese law governs these terms of sale. If you live in the European Union and buy as a consumer, you keep the mandatory protection of the law of your country of residence.

Thank you for trusting Bird of Paradise.