GENERAL TERMS OF USE

 

DECATHLON. LT




INTRODUCTION

1. WEBSITE FEATURES

2. TERMS OF USE OF THE WEBSITE

3. UPLOADING CONTENT TO THE WEBSITE

4. CONDUCT ON THE WEBSITE

5. INTELLECTUAL PROPERTY

6. LIABILITY

7. REMOVAL OF CONTENT UPLOADED BY USER

8. DISPUTES



INTRODUCTION

 

All internet users using the Website (hereinafter referred to as the User) and UAB DECATHLON LIETUVA, registered in the Register of Legal Entities under number 304590430, having its registered office at Jogailos st. 4, LT-01116 Vilnius (hereinafter referred to as the Provider), which provides its users with the Website DECATHLON.LT, hereinafter referred to as www.decathlon.lt or DECATHLON.LT, and services offered on the Website, agree on these General Terms of Use.

 

The Website DECATHLON.LT belongs to DECATHLON GROUP. DECATHLON GROUP consists of DECATHLON SA and all companies directly or indirectly owned by it, where DECATHLON SA has at least 10% of capital or voting rights (hereinafter referred to as the DECATHLON branches or DECATHLON GROUP companies).

 

The Website DECATHLON.LT is a website which is usually accessible at URL www.decatlon.lt, where Users can make use of the services described in Article 2.



DECATHLON.LT allows using its Website only by those Users, who are natural persons and use it at usual frequency. Use of the Website for professional purposes or in the course of an additional professional activity by any natural persons or legal entities is strictly prohibited.

 

In these Terms the concept “use” covers all internet user’s actions from the moment of accessing the Website, including opening it, irrespective of the device used for accessing (i.e. computer, tablet and smartphone), access type (private access, access via a third party or public wireless network) and access place (from Lithuania or abroad).

 

When accessing the Website, these Terms must always be complied with and the User accepts them without reservations. These Terms may be amended. It shall be deemed that the applicable terms are those which are valid in the Website when it is used.



1. WEBSITE FEATURES

 

1.1 On the Website, the User can:

  • find goods and services offered by DECATHLON;

  • shop online;

  • post an opinion on goods offered for sale by DECATHLON GROUP;

  • post photos and/or videos related to goods offered for sale by DECATHLON GROUP;

  • take part in various games and contests offered on the Website.

 

The list of features is given for information purposes only. The Website retains the right to temporarily or permanently add new features or remove them without a prior consent of the User.

 

2. TERMS OF USE OF THE WEBSITE

 

2.1 The Website is intended for adult natural persons, also minors with parental permission. In any case DECATHLON.LT urges all persons responsible for minors to control their use of the Website.

 

2.2 In order to make use of services offered on the Website, one may need to create an account, where the User’s personal data will have to be indicated. The User agrees to provide his/her accurate and complete personal data and not to assume identity of a third party, which could lead to legal liability. If that is not done, the Website retains the right not to approve the account, to suspend or remove it.



3. UPLOADING CONTENT TO THE WEBSITE

 

3.1 In order to encourage cooperation among Users, DECATHLON.LT can offer them various services and tools designed to upload content to the Website. In these Terms, the Content covers everything that a User uploads to the Website: a text, a comment, a picture, a photo, a video or any type of file, regardless of its content or form.

 

3.2 The User is responsible for everything, which may happen by use of his/her name or using the Website from his/her computer. If the User has any reason to believe that his/her user name or e-mail address is or may be known to a person unauthorized to use them, he/she undertakes to immediately notify the Website about it. The Website shall not be responsible if any unauthorised third party uses the User’s data.

 

3.3 The Website can be used only for personal, not for commercial purposes. The User may not upload any commercial information in any manner or undertake any commercial activity on the Website, regardless of its form or nature.



4. CONDUCT ON THE WEBSITE

 

The User:

– shall not perform any illegal actions; 

– shall not try to obtain and shall not collect personal data of the Website users by any means;

– shall not obtain, record or use any third party content, protected by intellectual property rights or the right to privacy, or which contains personal data or data that is protected by the right to one’s image, for any purposes other than submission when browsing in this Website;

– shall not keep, spread or publish any content that is illegal, harmful, offensive, racist, hate inducing, disinformational, discriminatory, pornographic, violent, contrary to morals, promoting harmful habits, posing a threat to privacy or third parties’ ownership rights, especially the right to a person’s image or ownership, intellectual property rights or the third party rights to privacy, honour and dignity, and any other content, keeping, spreading and/or publication of which is prohibited or restricted by applicable laws;

– shall not keep, spread or publish any information which would directly or indirectly reveal political, philosophical or religious beliefs, trade union membership, health or sexual orientation;

– shall not upload any content on behalf of a third party;

– shall not use a third party identity, shall not create accounts in the name of non-existent persons and/or shall not publish any personal information related to a third party;

– shall not keep, spread or publish any content that can directly or indirectly harm interests of DECATHLON GROUP.

 

In general, the User undertakes to refrain from any conduct contrary to ethics, particularly sports ethics, or values and interests of DECATHLON GROUP.

 

5. INTELLECTUAL PROPERTY

 

5.1 Content published on the Website

The general structure of the Website and its Content and its individual elements (to be specific, texts, graphics, images, audio and video material, etc.) is the exclusive property of the Provider, DECATHLON GROUP companies or their partners. All rights to drawings and models, trade marks, signs, domains, inventions and/or patents, know-how, computer programs and databases on the Website, as well as copyrights and related rights to the Website, its elements and its Content are preserved. Any full or partial copying and/or reproduction and/or use of the Content and services on the Website, irrespective of the manner in which it is carried out, without a prior written permission of the Provider and/or DECATHLON GROUP companies and/or their partners, is strictly prohibited.

With regard to this Content, DECATHLON GROUP gives Users a non-exclusive, revocable and non-assignable licence, which allows only usual access to the Website, its browsing and use. This licence does not grant any other right to Users, in particular no right to use the Content for commercial purposes.

 

  1. User posted Content

 

All Content that a User can post (to be specific, texts, comments, files, images, photos, videos, creative works, etc.) and that is protected by rights to property, intellectual property rights, the right to one’s image or other property rights, shall remain the property of the User, except for limited rights given to DECATHLON GROUP  within the limits of the above-indicated licence, or, as the case may be, under other special conditions agreed in advance regarding specific services, which could be provided on the websites of DECATHLON GROUP. Using the photo sharing service, Users decide themselves whether to post or not to post Content on the Website and consent that the Content would become public and freely accessible online. They consent that the Content can be used in some commercial communications of DECATHLON GROUP.

 

Users confirm, undertake and warrant that they will have all rights and authorizations necessary for such posting on the Website and, first of all, will take into account effective laws and will not infringe the right to privacy, ownership, intellectual property, image, contractual provisions and any other rights. Posting Content on the Website, Users understand that under the law they are held responsible as the Content publishers and grant to DECATHLON a non-exclusive, gratuitous, global licence to the Content for the entire time such a post exists, which licence includes the right to reproduce, copy, download, publish, transmit, store, release, adapt, modify, distribute, publicly perform, publicly display, broadcast, rebroadcast the Content or otherwise make it public, including making it publicly accessible via computer networks (online), and also the right to assign this licence to DECATHLON branches, technical partners and other Users of the Website.

 

Users also allow to link their name to the Content and agree that sometimes it may be not linked (the author may be not indicated).

 

Posting Content, Users agree that the Content would automatically become available on the Internet (including elsewhere), that is on other portals and/or blogs and/or websites of DECATHLON GROUP, including DECATHLON GROUP accounts on social networks, moreover, it accepts that the Content may be shared by Users of DECATHLON GROUP websites. Users may request that DECATHLON cease publishing Content under the procedure set in Article 7 hereof.

 

6. LIABILITY

 

6.1 DECATHLON.LT liability

 

6.1.1 The User visits and uses the Website at his/her own risk and declares that he/she accepts internet characteristics and limitations and, among other things, admits that the Provider is not responsible for internet access services and does not control anyhow which data may be sent through its servers.

The Website may contain links to other websites. Clicking on these links, the User acknowledges that DECATHLON.LT cannot provide guarantees with regard to their content, so he/she agrees that he/she visits them at his/her own risk. Therefore, DECATHLON.LT will not be liable for any damage caused by the visit to and/or use of the Website and the information contained therein.

 

In addition, the Provider cannot guarantee that the Website and/or the services will be available in terms of response time and quality and that the data transmission will be reliable and fast.

The Provider will not be liable in case it is impossible to access the Website and/or use the services.

 

In addition, the User is informed that DECATHLON.LT can at any time, without notice, briefly stop access to the Website for technical reasons, mainly due to technical maintenance. The User agrees to such interferences and waives any claims in this respect. 

 

Therefore, DECATHLON.LT and, in the more general sense, DECATHLON GROUP are not liable in any case for the following (the list is not exhaustive):

– for any information on the Website, which was not published by DECATHLON.LT online;

– for poor network performance, which disrupted the Website operation;

– for any data loss, modification, distortion;

– for improper operation of any computer program;

– for any computer virus, program error, malfunction or failure;

– for any damage to the User's computer.

 

6.1.2 DECATHLON.LT cannot be held liable for acts of other Users or Content posted by them on the Website. Illegal Content or Content that is not in line with DECATHLON.LT requirements/values will be removed from the Website without a prior notice.

 

DECATHLON.LT a priori does not have to check the quality, reliability, authenticity or lawfulness of the Content posted by Users.

 

6.2 User’s liability

 

6.2.1 Using the Website, the User agrees not to hold DECATHLON GROUP liable and assumes personal liability for any direct or indirect damage, losses and/or monetary obligations arising out of:

– any third party claims regarding the Content posted in the User’s name, including infringement on third party rights when the User posts Content on the Website and/or violations of legal acts applicable to providing information to the public when posting and/or publishing material on the Website;

– any acts linked to the participation in the Website, which are in conflict with these General Terms of Use, including any attempted fraud;

– violation of these General Terms of Use of the Website.

 

6.2.2 

DECATHLON.LT draws attention of its Users that in addition to the need to ensure that third party rights (copyright, related rights, rights to one’s image) are not infringed, publishing or sharing of photos, images or videos must also be done in line with the rules of sports ethics and values of DECATHLON GROUP. All inappropriate Content will be systematically removed from the Website.

 

7. REMOVAL OF CONTENT UPLOADED BY USER

 

7.1 DECATHLON.LT will be able to cancel any registration and/or remove any profile and/or Content and/or any information published on the Website and/or ban use of the Website and/or access to it if it becomes aware that the User fails to follow these General Terms of Use or for technical reasons. Such modification or removal can be done immediately, without a prior notice or warning, at any time, at the sole discretion of DECATHLON.LT.  

Following the abuse notification procedure, each User can inform the Website that it contains Content that may potentially violate these General Terms of Use and enclose all explanations necessary for examination of the request.

 

7.2 The User may also request removal of Content uploaded to the Website. For this purpose, he/she has to write a letter with a request to remove the Content at this e-mail address: pagalba@decathlon.com. In the request, he/she must present information necessary for identifying such Content, removal of which is requested. In order to remove Content uploaded by use of the photo sharing service, the following information is required: name, surname, the e-mail address used to upload the Content, the year of uploading, the Content title.

 

DECATHLON.LT will examine all reasonable and lawful requests as soon as possible, however it does not guarantee that it will (immediately) cancel access to the Content, and the User consents that DECATHLON.LT does not assume responsibility, first of all, regarding the duration of examination of the User’s request, technical restrictions or in case it is not technically possible to meet the User’s request, especially in case the Content was taken over by third parties.

 

8. DISPUTES

 

These General Terms of Use are governed by Lithuanian law.

If the User has any claims to the Provider, the User must state them in writing and submit at: lietuva@decathlon.com. If the User does not get an answer within 14 days or if the Provider does not satisfy the User’s claims, the User has the right to resolve the dispute by addressing  the State Consumer Rights Protection Authority (Vilniaus St. 25, 01402 Vilnius, e-mail: tarnyba@vvtat.lt, tel.: 852626751, website: www.vvtat.lt), or its territorial units, or completing the request form on the Online Dispute Resolution (ODR) platform  https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=LT).

In case of a dispute, which fails to be resolved amicably, the competent court shall be the court in the location of the respondent’s registered office. In any case, if an action is brought by a User, it is the User who shall choose the competent court: either the court of his/her place of residence or the court in the location of the respondent’s registered office.