Terms and Conditions

Introduction

DEEPLY, SLU, operating under the brand name Deeply, is a Spanish company, registered in the Mercantile Registry of Seville with its registered office at Calle Isaac Newton 4 – 6th floor, Postal Code 41092, Seville, with tax identification number ESB44839868 and registration details T 7381, F 20, S 8, H SE138607, I/A/ 1 (30.03.23), with a share capital of R$ 3,001.00, known in abbreviated form as “DEEPLY”.

General Provisions

This document governs the terms and conditions of use of this website and the agreement established between Deeply and the user. These terms establish the rights and obligations of all users and Deeply regarding the goods/services available on this site or any other site to which a hyperlink/link exists (Deeply Services). These terms are subject to change, so you should read them before placing any order. If you do not agree to these terms in their entirety, you should refrain from placing any order.

Use of the site

To place an order, you must follow the online purchase process. Please keep in mind that this does not mean your order has been accepted. The order only constitutes a purchase offer for one or more of our products. Any order is subject to acceptance by Deeply, which will always be confirmed by sending an email notifying you of the shipment of the product(s). If the order is not accepted after any debit has been made to the user's account, the corresponding amount will be fully refunded.

Request Refusal

Deeply will not be liable to you or any third party for the removal of any product featured on this website, for altering or deleting any materials or content from this website, or for refusing to complete the processing or accept any order for which an Order Confirmation has been sent.

Cancellation of orders

Users who contract as consumers may freely terminate the Contract within 30 days of the product delivery date. In this case, the user will be reimbursed for the full price paid for the products.

Delivery

Delivery time is approximately 3 to 5 business days. During promotional periods, delivery time may be extended up to 10 business days. Subject to availability, Deeply will make its best efforts to ensure that, except in exceptional circumstances, the products listed in a Shipping Confirmation are delivered to the user within the stated timeframe.

If, for any reason, Deeply is unable to deliver on the scheduled date, the user will have the option to maintain the order with an extended delivery date or to cancel it with a full refund. For the purposes of these terms, a "delivery" is considered completed or a product is considered "delivered" upon signature of the delivery receipt at the agreed address.

Expedition

Orders over €49 within the Iberian Peninsula will be shipped free of charge. For orders below this amount, a delivery fee of €3.99 or €5.99 will be charged (depending on the region).

Price and payment

The prices shown on this website include VAT (where applicable), but do not include delivery costs, which will be added to the final price. Except in cases of obvious error, the price of the products will be as indicated on our website at any given time. Even though Deeply strives to ensure that all prices shown on the website are correct, errors may occur. If Deeply finds that the price of a product in an order is incorrect, it will inform the user as quickly as possible, giving them the option to reconfirm the order at the correct price or cancel it. If it is impossible to contact the user, the order will be canceled and the user will be refunded the full amount of the order, if already paid. Deeply will not be obliged to supply any product at an incorrect (if lower) price, even if a Shipping Confirmation has already been sent, if the error is noticeable, unambiguous and should have been identified by the user under reasonable circumstances. We reserve the right to refuse large or high-value orders. All prices and quantities available are subject to change at any time, but, except as mentioned above, such change will not affect orders for which a Shipping Confirmation has already been sent.

Returns and refunds

Consumers wishing to return any unused purchased products have 30 days from the date of purchase to do so free of charge. Damaged, worn, spoiled, or incomplete items (including labels and packaging) will not be accepted. Returned wetsuits must be folded to avoid creases and in their original packaging. Refunds will be issued using the same payment method as the original order. There will be no additional cost for this refund. Shipping costs charged on the original order will not be refunded in case of return.

Return of defective products

If the user believes that the product delivered does not conform to the terms of the Contract, they must promptly contact Deeply via electronic form, informing them of the product's status and any defects. Deeply will inspect the returned product and inform the user of their right to a replacement or refund (if applicable) via email within a reasonable timeframe. The analysis of the defective product and its refund (if applicable) will occur as soon as possible, within the legally established 30-day period. Products returned by the user due to defects, if confirmed, will be refunded in full, including delivery and return shipping costs. Refunds will always be processed via the payment method used for the purchase. These provisions do not prejudice any rights the user may have arising directly from the law.

Privacy Policy

Deeply respects your privacy. Any and all information collected on the site will be kept confidential and will not be sold, provided, or reused by third parties without your authorization. Any information you provide to us will be treated with care and used solely for the purpose of fulfilling your order and improving your experience on our site. – Privacy Policy.

Intellectual Property

The user acknowledges and accepts that all intellectual property rights relating to any and all material and content that forms part of this website remain at all times the property of Deeply or its licensors. The user is permitted to use said material only within the limits expressly authorized by Deeply or its licensors. This does not prevent the user from using this site to obtain a copy of an order or the terms of the Agreement.

Communications

By using this website, the user accepts that communication between them and Deeply will primarily be in electronic form. Deeply will contact the user by email or provide information by posting notices on this website. For contractual purposes, the user accepts this means of communication electronically and acknowledges that any contracts, notices, information, and other communications that Deeply transmits electronically satisfy the legal requirement that such communications be in writing. This provision does not prejudice any rights of the user that result directly from the law. All communications from the user to Deeply must be sent via electronic form. Without prejudice to the provisions of clause 10, Deeply may communicate with the user either by email or by post to the address indicated in the order. Any communication will be deemed received at the moment it is posted on the website, 24 hours after sending an email, or on the third day following the date of its dispatch by post. To prove that a communication was sent, in the case of postal delivery, it is sufficient to prove that the letter was correctly addressed, sealed, and delivered to the post office; and in the case of email delivery, that the email was sent to the email address indicated by the user.

Responsibilities and exclusions

From the moment of delivery, the risks relating to the supplied product will be borne by the user. Ownership of the supplied products will only be transferred to the user when Deeply has received full payment of the amounts due for the supply of the product, including delivery costs, or after delivery, whichever occurs last. Deeply's liability in relation to any product purchased through this website is limited exclusively to the respective purchase price. Nothing in these Terms has the effect of excluding or limiting the Seller's liability.

For death or personal injury caused by your negligence;

Due to fraud or fraudulent misinformation;

With respect to any matter in which the exclusion or limitation, or the attempt to exclude or limit, of the Seller's liability is unlawful.

Without prejudice to the provisions of the preceding paragraph, Deeply, to the fullest extent permitted by law and unless otherwise stated in these terms, disclaims any liability for indirect losses or damages that occur as a consequence of the main losses or damages, even if arising from tort, whether contractual or extra-contractual, including mere negligence, whether or not foreseeable, including, for example: loss of business; loss of income or revenue; loss of results or contracts; loss of profits; loss of data; loss of management time and working hours. Due to the open network nature of this website and the possibility of errors in the storage and transmission of digital information, Deeply does not guarantee the accuracy and security of information transmitted or obtained through it, except where expressly stated otherwise herein. All product descriptions, information and materials contained on this site are provided "as is" and without any express, implied or consequential warranty of conformity for any reason whatsoever. To the fullest extent permitted by law, Deeply makes no warranties of any kind, without, however, excluding any liability that cannot be legally excluded under consumer rights. Nothing in this clause prejudices the user's legal rights as a consumer, nor does it affect their right to terminate the Contract.

Events beyond the seller's control.

Deeply will not be liable for failure to perform, or failure to perform, any obligation arising from the Contract that is due to an event beyond its reasonable control ("Force Majeure Event"). A Force Majeure Event comprises any event, act or omission, beyond the reasonable control of the Seller and includes, in particular (but not exclusively), the following:

  • Strikes, leases, and other labor lawsuits
  • Civil uprisings, riots, invasion, terrorist attack or threat of terrorist attack, war (declared or undeclared) or threat of war preparations.
  • Fire, explosion, storm, flood, earthquake, shipwreck, epidemic, or other natural disaster.
  • Impossibility of using railways, maritime transport, air transport, road transport or other public or private means of transport.
  • Impossibility of using public or private telecommunications networks.
  • Laws, decrees, regulations, or restrictions imposed by the Government.
  • Any strikes, disruptions or accidents affecting relevant postal or transport services.

Deeply's obligation to perform under any Contract will be suspended for the duration of a Force Majeure Event and will give rise to an extension of the respective term equivalent to that duration. Deeply will make reasonable efforts to bring an end to a Force Majeure Event, or to find a solution that allows it to fulfill its contractual obligations despite the existence of a Force Majeure Event.

Transfer of rights and obligations

The Contract between Deeply and you binds the parties and their respective successors and assigns. The user may not transfer, assign or encumber their contractual position, or otherwise dispose of the Contract or any rights or obligations arising from it, without the prior written consent of the Seller. Deeply may transfer, assign or encumber its contractual position, subcontract or otherwise dispose of the Contract or any rights or obligations arising from it, at any time during its term. Notwithstanding, no transfer, assignment or encumbrance of such position, or act of disposal of the contract, may have the effect of limiting the user's legal rights as a consumer or reducing, or limiting in any way, any warranty provided by Deeply to the user, whether express or implied.

Resignation

If Deeply, at any time during the term of the Contract, refrains from demanding strict compliance with any obligation that the user has under the Contract or these Terms, or from exercising any right or power provided therein to end such non-compliance, this shall not constitute a waiver of such rights and powers and shall not exempt the user from fulfilling their obligations. Deeply's waiver of the exercise of any right or power in the face of a specific situation of user default does not imply a waiver of rights or powers in the face of a subsequent situation of default. Deeply's waiver of any right arising from the Contract or these Terms shall only be effective if it is contained in a written communication sent to the user in the manner provided for in the Communications clause, where the user expressly declares that they are waiving such right or power.

Reduction

The declaration of invalidity, illegality, or ineffectiveness, by a competent authority, of any of the provisions of these Terms & Conditions shall not affect any of the remaining provisions, which shall remain in full force and effect.

Comprehensive Agreement

These Terms and any document referred to herein constitute the entire agreement between the parties relating to the formation of a Contract and supersede any prior agreement, understanding or arrangement, whether written or oral. Both parties acknowledge that, in entering into the Contract, neither party based its decision on any statement, undertaking or promise made by the other, or which could be considered implied by anything said or written in negotiations between the parties prior to the execution of the Contract, except as otherwise provided in these Terms. Neither party may rely on the fact that the other party made an untrue statement, whether oral or written, prior to the execution of a Contract (except where such statement was made fraudulently) and may only resort to the rules of breach of contract arising from these Terms.

Changes to the terms of service by the seller/applicable law and jurisdiction

Contracts for the purchase and sale of products through this website are governed by Spanish law.
Any dispute arising out of or relating to these Contracts shall be subject to the non-exclusive jurisdiction of the Spanish courts.
The provisions of this clause do not prevail over any legal rights of the user as a consumer.

The Seller's waiver of any right or power in the event of a specific situation or a breach by the User does not imply a waiver of its rights or powers in the event of a subsequent breach.

The Seller's waiver of any right arising from the Contract or these terms and conditions shall not take effect until written notice is sent to the User, in accordance with the provisions of the Communications clause, in which the waiver is expressly stated.


In the event of a consumer dispute, the consumer may resort to a Consumer Dispute Resolution Entity: 

CIMAAL - Algarve Consumer Dispute Information, Mediation and Arbitration Center 
Business Incubator Building - Penha Road 
8005-131
Faro 
www.consumidoronline.pt. 

CNIACC - National Center for Information and Arbitration of Consumer Disputes 
Faculty of Law, NOVA University of Lisbon - Campolide Campus 
www.arbitragemdeconsumo.org. 

Consumer Conflict Arbitration Center of the District of Coimbra 
Fernão Magalhães Avenue, No. 240, 1st floor 
3000-172 
Coimbra 
www.centrodearbitragemdecoimbra.com. 

Lisbon Consumer Conflict Arbitration Center 
Douradores Street, 116, 2nd floor 
1100-207 
Lisbon 
www.centroarbitragemlisboa.pt. 

Contracts concluded in the Autonomous Region of Madeira 
Rua da Figueira Preta, No. 10, 3rd floor 
9050-014 
Funchal 
centroarbitragem.sras@gov-madeira.br. 

Porto Consumer Information and Arbitration Center 
Damião de Góis Street, 31 – Store 6 
4050-225 
Harbor 
www.cicap.br. 

Consumer Conflict Arbitration Center of the Ave Valley 
Captain Alfredo Guimarães Street, No. 1 
4800-019 
Guimarães 
www.triave.br. 

Consumer Information, Mediation and Arbitration Center (Consumer Arbitration Court) 
BRAGA: Rua D Afonso Henriques, nº 1 (Ed Junta de Freguesia da Sé), 4700 - 030 Braga 
VIANA DO CASTELO: Av. Rocha Paris, nº 103 (Edifício Vila Rosa), 4900 - 394 Viana do Castelo. www.ciab.pt 

In the event of an online consumer dispute, the consumer may resort to an online dispute resolution system (ODR), the ODR Platform ("online dispute resolution"), which is competent to resolve disputes relating to contractual obligations arising from online sales or service contracts. 

Access the Electronic Platform for Alternative Dispute Resolution in Contracts Concluded Remotely here. 
More information is available on the Consumer Portal - www.consumidor.gov.br

The user may not transfer, assign, or encumber their contractual position, or by any other means dispose of the Contract or any rights or obligations arising from it, without the prior written consent of the Seller.

The Seller may transfer, assign or encumber its contractual position, subcontract or otherwise dispose of the Contract or any rights or obligations arising from it, at any time during its term. Notwithstanding, no transfer, assignment or encumbrance of such position, or act of disposal of the contract, may have the effect of limiting the user's legal rights as a consumer or reducing, or limiting in any way, any guarantee provided by the Seller to the user, whether express or implied.