Terms of sale

1. Seller

NÉCTAR ESPERANÇOSO, LDA. ("ŌYA", "we", "us")
Rua Newton, 5, Fração D
1170-275 Lisboa, Portugal
NIPC / Registo Comercial: 518 904 571
Capital Social: €5.000
Contact: info@drinkoya.com

2. Scope

These terms govern all sales made through drinkoya.com to consumers located in Portugal. By placing an order you accept these terms.

3. Products

We sell ŌYA Protein Water, a lifestyle drink with a spark of protein, in 6-can and 12-can packs. Product photos are illustrative; small variations in packaging may occur.

4. Prices, taxes & shipping

• Unit price: €2.99 per can, VAT included.
• 12-pack: 5% discount applied automatically at checkout.
• Shipping: flat €3.99 within mainland Portugal.
• We currently ship to Portugal only.

Prices may change at any time; the price shown at the moment you confirm the order is the one that applies.

5. How an order is formed

Placing an order is an offer to buy. The contract is formed when we send you an order confirmation email. If a product is unavailable we will contact you and refund any amount paid.

6. Payment

Payments are processed securely through Shopify Checkout and the payment methods displayed there. Card details are handled by the payment provider — we never see or store them.

7. Delivery

Orders are typically delivered within 3–5 business days from confirmation, subject to carrier availability. Risk of loss passes to you upon delivery.

8. Right of withdrawal

ŌYA Protein Water is a sealed food product supplied for consumption. For health, hygiene and food-safety reasons, and because it is a perishable consumable good, it falls within the exceptions to the right of withdrawal set out in Article 17 of Decreto-Lei n.º 24/2014.

This means the 14-day right of withdrawal (returning the product without reason) does not apply to our cans once your order has been delivered. We inform you of this clearly before you complete your purchase, and by placing an order you confirm you have been informed that the right of withdrawal does not apply to these products.

This exclusion does not affect your legal rights if a product reaches you faulty, damaged or otherwise not as it should be — see section 9.

9. Faulty or damaged products (legal conformity warranty)

Your cans should reach you intact, sealed, within their best-before date and fit to drink. Products benefit from the legal conformity warranty under Portuguese consumer law (Decreto-Lei n.º 84/2021).

Given the nature of the product, this warranty applies in practice to problems present at the time of delivery — for example, cans that arrive damaged, leaking, past their best-before date, or otherwise defective. If this happens, please email info@drinkoya.com within a reasonable time of delivery, keep the affected cans (do not discard them), and send us photos and the batch/lot code shown on the can. We will then arrange a replacement or a refund of the affected items, including any related delivery cost, at no charge to you. Nothing in this section requires you to bear costs or provide proof beyond what the law allows.

10. Complaints & dispute resolution

If you have a complaint, please write to info@drinkoya.com and we will do our best to resolve it quickly.

You may also use the Portuguese electronic complaints book, the Livro de Reclamações Eletrónico.

Alternative dispute resolution (RAL). In the event of a consumer dispute, you may refer the matter to a consumer-dispute arbitration centre (entidade de resolução alternativa de litígios de consumo). The competent centre is generally the one covering your area of residence. Where your area is not served by a regional centre, the competent body is the CNIACC – Centro Nacional de Informação e Arbitragem de Conflitos de Consumo (www.arbitragemdeconsumo.org). A full list of Portuguese arbitration centres is available at www.consumidor.pt.

11. Liability

Nothing in these terms limits our liability where it cannot be limited by law (for example, for personal injury caused by defective products). Outside of that, our liability is limited to the value of the affected order.

12. Force majeure

We are not liable for delays or failures caused by events outside our reasonable control (natural events, strikes, carrier disruption, etc.).

13. Governing law

These terms are governed by Portuguese law. The courts of Lisbon have jurisdiction, without prejudice to the mandatory rights of consumers to bring proceedings in their place of residence.