version 4th April 2017
1: ORDER PROCESS
2: PRODUCT AVAILABILITY
4: PRODUCT RETURNS AND EXCHANGES
5: WARRENTIES/AFTER-SALES SERVICE
6: RESERVATION OF TITLE
7: ENTIRE AGREEMENT
9: APPLICABLE LAW/DISPUTES
These General Terms and Conditions of Sale are agreed exclusively between Decathlon Switzerland SA, whose registered office is located at c/o Chambre du commerce et d'industrie France Suisse, route de chêne 5, 1207 Genève, hereinafter referred to as ‘Decathlon Website’ or ‘we’ and any person placing an order on the Decathlon website, hereinafter referred to as the ‘User’ or ‘you’. For the purposes hereof, the User and Decathlon are hereinafter collectively referred to as the ‘Parties’.
You represent that you have attained the legal age of majority or, failing this, that you have parental permission, and that you have the legal capacity to enter into this contract, allowing you to place an order on Decathlon Website.
If you have any questions relating to an order placed on Decathlon Website, please contact Decathlon Team : firstname.lastname@example.org.
Decathlon reserves the right to amend these General Terms, as of right. The new General Terms shall take effect on the date on which they are posted online on your Decathlon website. The Parties agree that their relationship shall be governed by the General Terms published on the website when the order is validated on the Decathlon website.
1: ORDER PROCESS
How to place an order online on Decathlon
You will need to complete the following stages:
- add the items you wish to order to your basket,
- select a delivery method,
- select a payment method,
- make your payment,
- confirm your order.
- You will then receive an order confirmation from Decathlon by e-mail.
The order confirmation e-mail represents Decathlon website’s acceptance of your order and thus forms the contract of sale between the Parties.
As soon as your order is ready to be dispatched, you will receive an e-mail confirming that your order has been shipped.
The prices displayed on the website are automatically stated in euros or in the currency of the place of delivery. If you change the country of delivery while browsing the website or during the order validation or payment process, the prices may be displayed in another currency.
Also, different prices apply in different countries, owing to the specific context of certain countries and accordingly, if you change the country of delivery this may affect the prices charged.
If our prices are displayed in a currency that is not your local currency, your bank will use the exchange rate in force on the date of purchase. However, your bank may decide to use a different exchange rate and/or charge additional fees for international payments, but this is not something we can control.
The prices stated include Value-Added Tax (VAT), where applicable, at the rate in force when the order is validated but do not include other charges or fees, the price of other optional services or specific packaging or any additional taxes.
The applicable delivery charges are stated when the method of delivery is selected.
The total price (excluding any fees that may be charged by your bank) will be stated in your order summary, displayed prior to the final validation of the order.
Moreover, despite our efforts to avoid this type of problem, the wrong price may sometimes be displayed for certain products. Subject to more favourable mandatory public policy provisions applicable to consumers due to their place of residence, the following shall apply if the wrong price is displayed:
if the product costs more than the price displayed on the website, you may either purchase the product at the correct price or cancel the order placed at the wrong price;
if the product costs less than the displayed price, we will bill you the lower price and send the ordered product.
All our prices include taxes (VAT and customs).
How can I pay for my order?
The permitted methods of online payment vary from one country to another and therefore depend on your country of residence. The main methods of payment used are debit or credit card (Visa or MasterCard) or PayPal, a secure payment system. Information on the permitted methods of payment will be provided during the order process.
The amount of the products and services selected will be debited from your bank account once the order, or part of an order to be sent separately, has been fulfilled and is ready to be dispatched.
In order to ensure that customer transactions remain secure, we conduct anti-fraud controls and as part of this, we reserve the right to ask you to provide any documents that may be required for the validation of your order, such as, for example, one or more documents proving your address and/or a copy of your identity papers, to be sent by e-mail or fax before your order is validated for dispatch.
In such a case, your order will not be binding until Decathlon has received the said documents and a confirmation e-mail has been sent. If you fail to provide these documents or if the documents provided do not constitute conclusive proof of the identity of the person placing order and his/her address, we reserve the right to refuse the order.
We also reserve the right to refuse an order if there is a pending payment dispute or if a private individual places an unusually large order.
Proof of an order/payment
In the absence of evidence to the contrary, the IT records of Decathlon website and our service providers, kept in reasonably secure conditions, shall constitute proof of all of the transactions completed by Decathlon with you. Pursuant to applicable regulations, we will archive all orders on a reliable storage medium. You may view your order history on the Decathlon website in the ‘My account’ section. However, we recommend that you always keep a copy of the e-mail validating your order for your own records.
Service “Purchase on account "
We provide a method of payment for our customers: "Purchase on account". This service, reserved for customers over 18 years old, allows you to purchase your items on the Internet and pay them only after actual receipt of the goods and invoice.
In this context, an assignment of debts takes place in favor of the "Privatbank AG 1891" network (hereinafter the "Bank").
When you use this service, your purchase remains governed by the present General Terms of Sale. In particular, we remain responsible for general customer requests (for example, for delivery time, shipping, claims, warranties.)
The use of this service is subject to prior verification of your creditworthiness. This verification is carried out through our service provider payolution GmbH (www.payolution.com)
In case of validation, you are immediately informed of the assignment of receivables. The goods remain the property of the Bank until they are fully paid.
2: PRODUCT AVAILABILITY
Our product and price offers are valid until removed from the Decathlon website, save in the event of special operations with a specified period of validity. You are advised to check the availability of items on the relevant product information page.
If you order an item that is not available, we reserve the right to cancel the order provided that you are notified accordingly.
If you order more than one item and one item turns out to be unavailable, we will inform you that we were unable to ship the unavailable item. The rest of the order will be processed and shipped to you within the times stated online.
You may also decide to cancel the whole order, in which case you must inform customer services of your decision.
We may also replace the unavailable product by a product of like quality and use, with your prior consent.
Where do you ship to?
The products will be delivered to the delivery address you provided when you placed your order, provided that Decathlon Website delivers to the relevant country.
When will the products be delivered?
The delivery times stated on the website commence when the relevant products are dispatched from our warehouse and they must be delivered within 30 days of the date on which we validated the order. In the event of a late delivery, you will be informed of the new delivery date and you may accept the new date or cancel your order.
What happens if I am not at home when my order is delivered?
If your order is delivered by a delivery service and you are not at home when your order is delivered, please follow the instructions stated on the attempted delivery card, which may include information on the deadline for collecting your parcel or, where applicable, information on how to make an appointment with the carrier. After the said deadline, your parcel will be returned to us. In such a case, the carrier will send you an initial reminder and if you fail to reply within 14 days, you will be treated as having exercised your right to cancel the order.
If an appointment needs to be made for the delivery of your order (primarily for the delivery of heavy or bulky items), the carrier will contact you directly to agree a delivery time. If you need to change the agreed delivery time, you must give at least five (5) business days’ notice prior to the agreed delivery date. Failing this, the carrier will bill you for additional services.
Please check your products on receipt. We strongly recommend that you open the parcel in the carrier’s presence to check that no item has been damaged.
Please note that we disclaim all liability in the event that a product fails to comply with the legislation applicable in the country of delivery. You are responsible for checking that the products you wish to import do not breach the relevant regulations before placing your order.
4: PRODUCT RETURNS and exchanges
4.1. Consumer right to cancel
Conditions for the exercise of the right to cancel
You have the right to cancel your order. Subject to more favourable mandatory public policy provisions applicable to consumers due to their place of residence, any exercise of your right to cancel shall be at your expense, in accordance with the provisions set out below.
You can cancel anytime up to the end of a period of 14 clear days after you receive the relevant order. This right does not apply, in particular, to:
Perishable foods, such as foodstuffs.
Audio or video recordings or computer software, if unsealed by you.
Goods made to the consumer’s specification or that are clearly personalised.
Opened goods which are not suitable for return for health and safety reasons.
How can I cancel my order?
Go to the ‘My account’ section and then ‘Help’ in order to contact customer services and ask for a refund. You may also complete the cancellation form appended hereto and send it to the following address: email@example.com
You will need to carefully pack the relevant item and include the product return number(s) printed from the website or copied onto a piece of paper (numbers valid for returns using the procedure provided for on the website).
You may choose how you wish to return the product to us and whether or not to take out insurance covering the loss, theft or destruction of your parcel. We will not cover any of these costs or the cost of sending the parcel back to us and we will not be liable if your parcel goes missing. We recommend that you choose a postage option with a parcel tracking service. As a general rule, you will bear all costs and risks associated with the return of the relevant product.
Incomplete or damaged returns will be refused as will any products that are not returned in their original packaging. In such a case, the product return will be treated as defective and no refund will be given.
I’ve exercised my right to cancel my order, when will I receive a refund?
If you follow the returns procedure described above, you will receive a refund within 10 days of the date on which we received the returned products. If you paid for the order by debit or credit card, your refund will be credited directly to the relevant bank account.
If part only of an order is returned, the delivery charges paid, for the initial shipping of the products only, will be refunded on a proportional basis, based on the total amount of the order. If the whole of an order is returned, we will refund all delivery charges paid when the order was placed.
Product returns will not be processed and no refund will be made in the following cases:
If the product has been modified or tampered with;
If the product has been taken apart;
If the product was made to your specification or clearly personalised;
If the product is an audio or video recording or computer software, unsealed after delivery.
5: WARRANTIES/AFTER-SALES SERVICE
Your product is broken or faulty
In addition to the manufacturer’s warranty that may apply to certain products, Decathlon is bound by the statutory conformity and latent defect warranties for all products sold on its website, as prescribed by law. Subject to more favourable mandatory public policy provisions applicable to consumers due to their place of residence, these warranties shall apply for a period of two years from the date of purchase (for the conformity warranty) or from the discovery of the defect (for the latent defects warranty).
Some of the products sold on the website may be covered by a manufacturer’s warranty, for the period stated on the relevant product page.
However, the manufacturer’s warranty does not apply to any problems caused by your negligence, damage by you or your improper use of the product. We wish to draw your attention to the fact that some defects and faults can only result from an improper installation or handling of the equipment after delivery. Accordingly, please follow the instructions contained in the explanatory leaflets for the products, where applicable, and the troubleshooting guides available online. We also recommended that you carry out several tests of the equipment received.
Product repairs during the warranty period
If your product develops a defect during the period of validity of the statutory or manufacturer’s warranty or if it does not conform to the order, you should contact our after-sales service by sending a request on our Help Center. In order to return a product to us, go to the ‘My account’ section and then ‘Track my order’ and state the problems or faults affecting the relevant product(s). Following this, you will be provided with a product return number.
Under the warranty, Decathlon asks Users to return their products. Return shipping costs will be covered by Decathlon.
After Decathlon has processed the product, meaning after it has checked, in particular, that the product is covered by a statutory or manufacturer’s warranty, the product will be repaired or replaced.
If the cause of the problem is covered by the statutory or manufacturer’s warranty but the product cannot be repaired or replaced by an identical or equivalent product, a credit note or a refund will be issued for the relevant product. In each case, Decathlon will propose the most suitable solution (replacement of the defective part, replacement of the item or refund).
In the event of an abnormal or abusive return or if the User has failed to read and follow the instructions contained in the troubleshooting guides available online, the product return will be treated as a defective return with the following consequences: return of the product to you with no refund or replacement. Likewise, all products returned without a product return number will be automatically treated as a defective return (and in such a case, Decathlon will bill the relevant delivery charges).
Users are reminded that they are free to choose how they wish to return the product and whether or not to take out insurance covering the loss, theft or destruction of their parcel. Decathlon will not cover any of these costs and will not be liable if a User’s parcel goes missing. Also, Users are responsible for the way in which they pack their product and must ensure that there is no risk of the product breaking or being damaged in transit.
6: RESERVATION OF TITLE
Full title to the items purchased by the User shall not pass from Decathlon to the User until the User has fulfilled all of his/her obligations and, in particular, until he/she has paid the price in full, plus any interest that may be payable.
7: ENTIRE AGREEMENT
These General Terms are composed of all of the clauses set out herein. If Decathlon website fails to enforce performance of any one of the clauses hereof at any time whatsoever, this shall not be treated as a waiver of its right to enforce performance thereof at any time thereafter. If one of the said clauses is invalid, this shall not affect the validity of the other clauses.
To the extent permitted by law, Decathlon is only liable for direct damage sustained by a User as a direct result of a failure to perform its contractual obligations or a breach of a law.
To the extent permitted by law and subject to more favourable mandatory public policy provisions applicable to consumers due to their place of residence, Decathlon website’s liability is hereby limited to the amount paid by the User for the order implicating Decathlon website’s liability.
9: APPLICABLE LAW/DISPUTES
9.1 Applicable law
These General Terms are governed by French law, with the exception of private international law provisions.
If a court ruling on a dispute holds, under mandatory rules, that French law does not apply, the relationship between the Parties shall be governed by the laws of the country of delivery.
In all cases, if any mandatory public policy rules of the consumer’s place of residence are more favourable than the provisions of French law, these shall apply to the relationship between the Parties.
The Parties expressly agree that the Vienna Convention on contracts for the international sale of goods shall not apply to their relationship.
Any dispute shall be subject to the jurisdiction of the court of the defendant’s place of residence. However, if the action is instigated by you, you may refer the matter to the court of your place of residence instead.
The consumer is informed that in the event of a dispute, he/she may use an out-of-court mediator or any other form of alternative dispute resolution.