Terms and Conditions
BRIGHT BRANDS SPORTSGOODS, S.A., trading under the Deeply trademark, is a Portuguese company, registered at the Commercial Registry Office of Oporto under number 514 485 680, with head office at Via do Castelo do Queijo, n.º 395 Edifício Transparente Lojas 22 e 23, 4100-429 Oporto. Our tax identification number is PT 514 485 680, with a share capital of 5.208.780,00€, known as “BRIGHT BRANDS” for short.
This document governs the terms and conditions of the use of this website and the agreement between Deeply and the User. These terms and conditions contain the rights and obligations of all Users and of Deeply regarding the goods/services offered on this website or on any other website to which there is a hyperlink (Deeply Services). These terms and conditions may be altered, for which you are advised to read them before placing any order. If you do not agree with these terms and conditions in full, you shall abstain from placing any order.
Use of this site
In order to place any order, Users must follow the online purchase process. Users should bear in mind that does not mean the order was accepted. The order constitutes merely a purchase proposal for one or more of our products. Any order is subject to Deeply’s respective acceptance, which shall always be confirmed by sending the User an email communicating the product(s) shipment. If the order is not accepted after any user account has been debited, the respective amount shall be returned in full.
In order to place an order, you must follow the online purchase process and press the "CONFIRM ORDER" button.
Then you get an email confirming that the Trader received your order (the "Confirmation of Order"). You should note that this does not mean that your order has been accepted. The order is just a purchase proposal for one or more of our products.
Any order is subject to the respective acceptance by the Trader, which is always confirmed by sending an email saying the products have been shipped - Shipping Confirmation.
The purchase and sale agreement between the Trader and the user (Contract) is only finalised with the Shipping Confirmation communication. The Contract only covers the products mentioned in the Shipping Confirmation. The Trader is under no obligation to supply any other products that may be contained in the order until the shipping is covered in another Shipping Confirmation.
A In order to place any order, Users must follow the online purchase process. Users should bear in mind that does not mean the order was accepted. The order constitutes merely a purchase proposal for one or more of our products. Any order is subject to Deeply’s respective acceptance, which shall always be confirmed by sending the User an email communicating the product(s) shipment. If the order is not accepted after any user account has been debited, the respective amount shall be returned in full.
Refusing an order
Deeply is not liable towards the User or any third party for the removal of any product shown on this website, for the alteration or elimination of any materials or content on this website or for any refusal to conclude the processing or acceptance of any order that has had the Order Confirmation sent.
Right of Termination
Any User who contracts as a consumer can freely terminate the Contract within 30 days as of the date of product delivery. In this case, the User shall be fully refunded for the amount paid, in accordance with the provisions set in Return Conditions (See Returns and Refunds).
If available, Deeply shall endeavour to ensure that, apart from exceptional circumstances, the products on the Shipping Confirmation are delivered to the User within the announced time. If, for any reason, Deeply is not able to deliver on the foreseen date, the User can decide whether to keep the order, despite the delay, or cancel the order and get a full refund. For the purpose of these Terms and Conditions, a "delivery" is considered to have been made or a product is considered to have been "delivered" upon the signature of the delivery receipt at the agreed address.
Price and payment
The prices shown on this website include VAT (when applicable), but do not include delivery costs, which are added to the final price. Except in the case of an obvious mistake, the price of the products is as shown at any time on our website. Even though Deeply strives to ensure that all the prices shown on the website are correct, mistakes can happen. If Deeply finds the price of a product in an order is wrong, Deeply will inform the User as soon as possible, giving the possibility to either reconfirm the order at the correct price, or cancel it. If the User cannot be contacted, the order is considered to have been cancelled and the User is refunded the total amount of the order in case it has already been paid. Deeply has no obligation to supply any product at an incorrect price (if lower), even if a Shipping Confirmation has already been sent, if the mistake was obvious, unequivocal and should have been noticed by the User under reasonable circumstances. Deeply reserves the right to refuse orders of a large size or amount. All prices and available quantities can be altered at any time but, except as mentioned above, this alteration does not affect orders for which a Shipping Confirmation has already been. Users can see all available payments methods under “Payment Methods”.
Returning defective products
If the User believes, upon delivery, that the product received is not in accordance with the Contract, the User shall contact Deeply at once using the electronic form, informing on the condition of the product and respective defects. Deeply shall inspect the returned product and inform the User of the right to a replacement or a refund (if that is the case) by email in a reasonable period of time. The analysis of the defective product and corresponding refund (if applicable) shall occur as soon as possible, within the legally established deadline of 30 days. Products returned by Users because of a defect, if confirmed, are refunded for the total amount paid, including shipping fees and return expenses. The refund of any amount paid is always done so using the same method used in the purchase of the product. These dispositions do not prejudice any of the User's rights under the law.
Deeply respects the User’s privacy. Any information collected on our website shall be kept confidential and shall not be sold, provided or reused by third parties without the User’s consent. Any information provided to Deeply shall be carefully handled and used with the sole purpose of carrying out the User’s order and improving their experience on our website.
Liability and Exclusions
As of the moment of delivery, all risks pertaining to the products provided shall be incurred by the User. Ownership of the supplied products shall only be transmitted to the User when Deeply receives full payment of the amounts owed for supplying the product, including delivery costs or after the delivery, depending on which happens last. Deeply's liability regarding any product acquired through this website is exclusively limited to the respective acquisition price. No provision in these Terms and Conditions excludes or limits Deeply’s liability: . For death or personal injury caused by its negligence; . For fraud or fraudulent wrong information;
Deeply shall not be liable for any breach, or delay in compliance, of any obligation under this Contract that is due to events beyond its reasonable control ("Force Majeur"). A Force Majeur event covers any event, act or omission beyond Deeply’s reasonable control, including (but not exclusively), the following:
- strikes, lock-outs and other labour actions;
- civil uprisings, turmoil, invasion, terrorist attack, or threat of terrorist attack, war (declared or otherwise) or the threat of preparation for war;
- fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disasters;
- the impossibility of using the railway, maritime, air, road transport, or other public or private means of transport;
- the impossibility of using public or private telecommunications networks;
- laws, decrees, regulations or Government restrictions;
- any strikes, interruptions or accidents that affect postal services or relevant transport. Deeply’s obligation with any Contract is suspended for the time that the Force Majeur event lasts and shall give rise to an extension of the respective time limit equal to that duration. Deeply shall make all reasonable efforts to end the Force Majeur event, or to find a solution that allows to meet its contractual obligations despite the existence of the Force Majeur.
Transmission of rights and obligations
The Contract between Deeply and the User binds the parties and respective successors and assignees. The User may not transfer, assign or burden its contractual position, or dispose of the contract or of any rights or obligations arising from it by any other means without the prior written consent from Deeply. Deeply may transfer, assign or burden its contractual position, subcontract, or dispose of the contract or of any rights or obligations arising from it by any other means at any time while it is valid. However, no transfer, assignment or encumbrance of that position, or act of disposal of the contract can have the effect of limiting the User's legal rights as a consumer or reduce, or in any way limit, any guarantee provided by Deeply to the User in an express or implicit manner.
If Deeply abstains from requiring the strict compliance with any obligation which for the User is a result of this Contract or these Terms and Conditions, or to exercise any right or power provided in them to end such a breach at any time during the validity of the Contract, this is not a waiver of these rights and powers and does not exempt the User from complying with their obligations. Deeply’s waiver of any right or power in a given situation of a breach by the User does not mean it waives any rights or powers in a later case of a breach. Deeply’s waiver of any right as a result of this Contract or of these Terms and Conditions shall only be effective if explicitly mentioned in a written communication sent to the User, as foreseen in the Communications clause, where Deeply expressly declares the waiver.
The declaration of invalidity, illegality or inefficiency of any one of the provisions in these Terms and Conditions by a competent authority shall not affect any of the other provisions, which remain in force.
These Terms and Conditions and any document here mentioned constitute the integral agreement established between the parties regarding the creation of a Contract and prevail over any written or oral previous agreement or understanding. Both parties recognise that by entering into the Contract, neither of them based the respective decision on a declaration, commitment or promise made by the other one, or that could be considered implicit in something that had been said or written in negotiations between the parties prior to entering into the Contract, except when the contrary results from these Terms and Conditions. Neither party can avail themselves of the fact that the other issued an untrue oral or written statement prior to entering into a Contract (unless that statement was made fraudulently) and can only draw upon the breach of contract that results from these Terms and Conditions.
Changes to the terms of service by vendor/law and applicable court
The purchase and sale Contracts of products through this website are governed by Portuguese law. Any litigation arising or related to these Contracts is subject to the non-exclusive jurisdiction of Portuguese courts. The provision on this clause does not prevail over any of the User’s legal rights as consumer.