Terms of service

Welcome to BirdWalk’s online shop, available at www.birdwalkdesign.com. These Terms and Conditions govern the relationship between BirdWalk (referred to as "we," "our," or "us") and any user or customer ("you" or "your") regarding the use of our online shop and the purchase of products therein. By accessing or using this website, you agree to comply with these Terms and Conditions. If you do not agree, please refrain from using this website.

LEGAL INFORMATION
Provider Identification
BirdWalk is operated by Sara Cortes Ventura, registered at Rua Padre Francisco Álvares 13, 3º esq, 1500-476, Lisboa, Portugal, VAT Number PT238425606. For any inquiries, contact us via email at info@birdwalkdesign.com.

By accessing or using this website, you agree to the following Terms and Conditions, which govern your use of this site, including all purchases made from BirdWalk.

Scope of Application
These Terms apply to all users of the website and all sales made via the BirdWalk online shop. By agreeing to these Terms & Conditions and placing an order on our website, you confirm that you are at least 18 years old or have parental/guardian consent to enter into contracts. Agree to provide accurate and up-to-date information when registering or making purchases. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).


ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.


ORDER CONFIRMATION AND PAYMENT
All orders placed through this website are subject to confirmation and acceptance by BirdWalk. We reserve the right to refuse or cancel orders for reasons including, but not limited to, fraud suspicion, technical issues with the payment system, stock unavailability, or non-compliance with these Terms.
Payment methods accepted: Credit/Debit Cards (Visa, MasterCard, etc.), PayPal, MB WAY.
Your payment is processed through a secure third-party payment provider (e.g., PayPal or Stripe). BirdWalk does not store your payment information.


SHIPPING AND DELIVERY
We strive to process and ship your order within 2-5 business days of order confirmation, depending on availability. Shipping times may vary based on your location.

Shipping Fees: Shipping costs will be calculated at checkout based on the delivery address.
International Shipping: For international orders, customs duties and taxes are the responsibility of the customer.
Delivery Delays: We are not responsible for delays caused by third-party carriers or customs processes.

We work with CTT Expresso and Iberomail for shipping worldwide. Each order is assigned a tracking number, which you will receive via email as soon as your order is shipped. For more information about estimated delivery times, please visit the Deliveries page. Please be aware that delivery times can vary based on your location and the time of the year.
If you change your address for some reason and your order has already been confirmed, you’re responsible for any additional shipping costs. We shall not be liable for any delay caused by circumstances beyond reasonable control. If you have any questions concerning your delivery or in the event of delay or non-delivery, please contact us at info@birdwalkdesign.com. We will investigate and, where applicable, provide a refund or replacement as required by law.


RIGHT OF WITHDRAWAL
You have the right to withdraw from your purchase within 14 calendar days of receiving the goods, without needing to provide a reason.

To exercise this right, please contact us at info@birdwalkdesign.com to inform us of your decision. Once notified, you must return the items to us at your own expense. Products must be returned in their original, unused condition with all tags and packaging intact. Alternatively, you may return the items in person at our Lisbon shop. For further details, please visit our Returns page or reach out to us via email.

Exceptions:
The right of withdrawal does not apply to custom-made or personalized products.

Upon receiving and inspecting the returned items, we will process a full refund (excluding return shipping costs) within 14 calendar days. Refunds will be issued using the same payment method as the original transaction unless otherwise agreed upon.


PRODUCTS AND PRICES
Product Information
We strive to ensure all product descriptions, images, and prices are accurate. However, small deviations in color or appearance may occur due to screen settings. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or Service made on this site is void where prohibited.
We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

Prices and Taxes
All prices include applicable VAT. Any additional fees, such as shipping costs, are calculated and presented at checkout.

Errors and Omissions
In case of pricing or typographical errors, we reserve the right to cancel or amend orders. You will be informed promptly and offered the option to proceed with the corrected price or cancel the order.

Modifications to the service and prices
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.


PRIVACY AND DATA PROTECTION
We are committed to protecting your privacy. We collect and process your personal data in accordance with the General Data Protection Regulation (GDPR).
Data Collection: When you make a purchase or subscribe to our newsletter, we collect your personal information (name, email, address, etc.) to process your order and communicate with you.
Data Use: We use your data only for processing orders, customer support, and marketing (if you have subscribed to our communications).
Data Retention: We retain your data only for as long as necessary for business purposes or to comply with legal obligations.
For more details, please see our Privacy Policy.


INTELECTUAL PROPERTY
All of the content that appears on the Site, including all visuals, text, audio and video clips are subject to copyright protections and/or other intellectual property rights or licenses held by BirdWalk (“Content”). We either own or have a licence to all such Content.
Subject to your compliance with these Terms, BirdWalk grants you a limited, non-exclusive, non-transferable, non-sublicensable licence to access and view the Content solely in connection with your permitted use of the Services and solely for your personal and non-commercial purposes. It’s completely forbidden to manipulate, distribute or reproduce by any means any of the content that appears on this website.


USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.


PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new Services and/or features through the website (including the release of new tools and resources). Such new features and/or Services shall also be subject to these Terms of Service.


THIRD-PARTY LINKS
Certain content, products and Services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or Services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, Services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.


DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
BirdWalk provides its products and services on an "as is" and "as available" basis, without any warranties, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement. While we strive to ensure the accuracy and reliability of the information on our website, we do not guarantee that the website will operate without interruptions, errors, or vulnerabilities.
To the extent permitted by applicable Portuguese law, including Decree-Law no. 24/2014, BirdWalk disclaims any liability for indirect, incidental, consequential, or punitive damages arising out of or related to the use of our website or services. This limitation of liability includes, but is not limited to, loss of data, revenue, or profits.

Our liability for direct damages, where legally applicable, will not exceed the total amount paid by the customer for the purchased product or service giving rise to the claim. This exclusion does not apply in cases of willful misconduct, fraud, gross negligence, or where liability cannot be excluded under Portuguese law.
BirdWalk is not responsible for damages resulting from external events beyond its control, such as natural disasters, strikes, or interruptions caused by third-party service providers, including hosting and payment platforms. Additionally, BirdWalk assumes no liability for the content, accuracy, or availability of third-party links or resources accessed through its website.

In no case shall BirdWalk, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, Service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility.


ALTERNATIVE DISPUTE RESOLUTION
If a dispute arises out of or in connection with these Terms & Conditions, the parties agree to first attempt to resolve the matter informally by contacting the other party. If the dispute cannot be resolved within [30 days], either party may request to resolve the matter through mediation conducted by a neutral third party, chosen jointly by the parties.

If mediation is unsuccessful, alternative dispute resolution is available to all consumers. These are official bodies to help them resolve, or guide, any conflict. The Online Dispute Resolution website is an official website run by the European Commission dedicated to helping consumers and traders resolve their disputes out of court: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage

Clients who are defined as consumers by Law 144/2015 and who have entered into purchase and sale and/or service contracts have the right to resort to official entities to help them in the resolution of any conflict regarding such contracts, without prejudice to resorting to the Courts. The updated list of Alternative Dispute Resolution entities available under article 17 of Law No. 144/2015 of 8 September is available from the Consumer Portal, accessible through www.consumidor.pt. For more information, you may also consult Law 144/2015. For further information, to settle disputes arising from online purchases, you may use a resolution system, called "ODR Platform - Online Dispute Resolution/ RLL", created by the EU.

In any case, you may contact one of the centres below.

Alternative dispute resolution entities
CNIACC - Centro Nacional de Informação e Arbitragem de Conflitos de Consumo
http://www.arbitragemdeconsumo.org

CIMAAL - Centro de Informação, Mediação e Arbitragem de Conflitos de Consumo do Algarve
http://www.arbitragemdeconsumo.org

Centro de Arbitragem de Conflitos de Consumo do Distrito de Coimbra
http://www.centrodearbitragemdecoimbra.com

Centro de Arbitragem de Conflitos de Consumo de Lisboa
http://www.centroarbitragemlisboa.pt

Centro de Informação de Consumo e Arbitragem do Porto
http://www.cicap.pt/

Centro de Arbitragem de Conflitos de Consumo do Vale do Ave
http://www.triave.pt/

European online platform for resolution of disputes
https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage


ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). 
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.


PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy, which can be viewed here: Privacy Policy


INDEMNIFICATION
You agree to indemnify, defend and hold harmless BirdWalk and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, Service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.


WAIVER OF RIGHTS
By agreeing to these Terms and Conditions, you acknowledge that any rights or provisions that may be waived in the future, whether in part or in whole, shall not be deemed a waiver of any other right or provision of these Terms. A failure or delay by BirdWalk to exercise any rights, powers, or privileges granted under these Terms will not constitute a waiver of such rights, powers, or privileges. Furthermore, no waiver shall be binding unless in writing and signed by a duly authorized representative of BirdWalk.
 

SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.


TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).


ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.


GOVERNING LAW
These Terms and Conditions and any separate agreements whereby we provide you Services are governed by and construed in accordance with Portuguese law. In case of disputes arising from the use of this website, the competent courts in Lisbon will have jurisdiction, unless otherwise specified by mandatory consumer law.
Consumer Dispute Resolution: In compliance with European Union law, customers have the option to resolve disputes through the Online Dispute Resolution (ODR) platform or contact the Centro de Arbitragem de Conflitos de Consumo (Consumer Arbitration Centre), which can provide a neutral space for resolving disputes outside of court.


CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.


CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at info@birdwalkdesign.com. We will get back to you within 2 business days.