TERMS AND CONDITIONS OF USE

Last Update: April 10, 2016

PREAMBLE

These Terms and Conditions of Sale (hereinafter referred to as “Terms”) apply exclusively between DECATHLON (AUSTRALIA) PTY LTD (ACN 608 596 069), (trading as Decathlon), a company registered in Australia whose head office is located at: 4/37 union street, Pyrmont, Nsw 2009, Australia (hereinafter referred to as “Decathlon”, “we”, or “us”) and any person who access, uses or makes a purchase on decathlon.com.au (the “Website”), (hereinafter referred to as the "Customer" or "You") and collectively referred to as the "Parties".

 

You confirm that you are 18 years old or older  or, if you are under the age of 18, that you have received parental permission and that you have the legal capacity to enter into a contract and to subsequently place an order on decathlon.com.au.

The Website delivers to Customers in the countries listed at Clause 3.

 

Should you have any questions concerning an online purchase, please contact the Decathlon Customer Relations Centre as stipulated below: 

  •         By email: contact.australia@decathlon.com
  •         By contacting us on our Facebook page: Decathlon Australia

 

The Parties agree that their relationship will be governed exclusively by the Terms and the Decathlon Privacy Policy, each of which are available on decathlon.com.au.   Please read these Terms carefully before using the Website and/or making a purchase.  By using the Website and/or making an order or purchase, you are deemed to have accepted the Terms.

 

These Terms may be varied from time to time. Accordingly, the Parties agree that their relationship will be governed by the Terms applicable on the Website on the day the order is placed on decathlon.com.au.   If we change these Terms, we will publish the updated Terms on our Website at http://www.decathlon.com.au/c/3-terms-and-conditions-of-use and the date of the last revision will appear at the top of this page. These Terms will apply from the date they are posted online.  We encourage you to check these Terms regularly for updates and changes.  By continuing to use the Website, our services and/or by continuing to make purchases on the Website, after these changes have been published on the Website, you confirm your acceptance of the changes to the Terms.

 

1- ORDERS

HOW TO PLACE AN ORDER ON WWW.DECATHLON.COM.AU

You will be required to complete several stages when placing an order:

- Add your chosen items to your basket; 
- Select a delivery method and insert your delivery details;  
- Select a method of payment and insert your payment information;
- Make your payment by confirming that you wish to make the purchase;
- You will receive an e-mail from Decathlon.com.au confirming that your order has been logged; 
- Finally, once your order has been processed, You will receive an e-mail confirming your order, including a link to download or print your invoice. and an invoice for your order.

Generation of an order confirmation e-mail means that Decathlon.com.au has accepted your order, which will then form the sales contract between the Parties.

As soon as your order is ready to be dispatched, Decathlon.com.au will send You a further e-mail confirming that your order has been dispatched.

Each of the emails referred to above will be sent to the email address which You have provided in when making the order. 

 

OUR PRICES

The prices displayed by default on the Website are stated in Australian Dollars (AUD) and include all charges applicable in Australia (including GST).  GST is applied at the rate applicable on the order date.

 

Product prices displayed on Decathlon.com.au exclude postage/shipping, the cost of certain packaging and other optional services selected by You, for which there will be an additional charge.  Any additional charges will be included in the summary of your order displayed on-screen before the order is finally confirmed and before any payment is charged.

You are hereby informed that the products and services available and the prices applicable in Decathlon stores in your country of residence, if any, do not apply to purchases on the decathlon.com.au and vice versa.

 

PAYMENT methods

You may pay for your order by bank card, using a Visa or MasterCard card. Card payments made on Decathlon.com.au are secured using the Secure Socket Layer (SSL) protocol and payments are processed by our secure payment processors, Adyen.

 

The total price of your order (including any GST, postage/shipping, packaging or other costs previously identified to you on the payment confirmation page) will be debited from your bank account once you complete your payment.

 

If an anti-fraud check is carried out to ensure the security of customer transactions, we may ask You to provide order and identity validation documentation by e-mail, such as one or more documents containing proof of your address and/or a copy of your identity card (i.e a driver’s licence), before your order is confirmed.  Please note that any information collected by us as part of this process will be handled in accordance with our Privacy Policy accessible on the Website. 


Your order will only be final once we have received these documents and issued a confirmation e-mail. In the absence of these documents or if the documents do not establish your identity and address, Decathlon.com.au reserves the right not to confirm and process the order. 


We also reserve the right to reject an order in the event of an ongoing payment dispute or if a Customer has ordered an unusually high number of products or services.  If we reject your order, we will notify you promptly by email to the email address you provided when making the order.

 

PROOF OF ORDERS AND PAYMENT

In the absence of proof to the contrary, our electronic databases and those of our service providers that are kept under adequate security conditions will constitute proof of all transactions entered into between the Parties. In accordance with applicable regulations, we store orders in a reliable medium. If You have an account on our Website, You may also access orders placed by You on Decathlon.com.au by going to My account. In all cases, Decathlon advises Customers to retain their order confirmation e-mail.

 

2- AVAILABILITY

Our product and service offers apply for as long as they remain visible on the Website, except when special offers are available, in which case the term of validity of those offers will be stipulated on the Website. You are advised to check the availability of items on the relevant product information page. Availability of products on the Website is aimed to be accurate, but errors can occur.


If an item ordered is not available, we reserve the right to cancel the order, in which case You will be notified accordingly. 


If You place an order for several products one of which is unavailable, we will inform You accordingly. The rest of the order will be processed and dispatched to You within the time limit indicated on the Website. 


You may also choose to cancel your entire order, in which case You must inform our customer services department by phone or e-mail using the contact details listed below.

 

The Website may also offer to replace the unavailable item with a similar item of similar quality with your prior agreement. In this case, if You then exercise your right to cancel the order after receipt of the substitute item, You will be required to pay the return postage costs.

 

3- DELIVERY

WHERE DO WE DELIVER ?

Products are delivered to the delivery address provided by You in your order, exclusively in mainland Australia.

DO WE DELIVER TO MULTI-OCCUPANCY ADDRESSES?

Where a delivery is to be made to a multi-occupancy address, You acknowledge that the order delivery service provided by Decathlon is to the multi-occupancy address stipulated in your order, meaning that a delivery may be received by a third party. Risks relating to the products are passed on at delivery.

DELIVERY TIMES

The delivery time given on the Website begins on the date on which the products You have ordered are dispatched from our warehouse, such date not to be more than 30 days after confirmation of the order by the Website. You will be sent an e-mail confirming that the order has been dispatched.

WHAT HAPPENS IF I AM NOT AT HOME WHEN MY ORDER IS DELIVERED?

If you chose “e-parcel” service:

If You are unable to take delivery of items delivered by the carrier, the carrier will leave You a document (called a "Calling card") requesting You to go to the post office to collect your registered parcel within two weeks.

If the parcel is not collected within this two week period, the parcel will be returned to Decathlon. Decathlon will then send You a reminder. If You fail to respond to the reminder within 7 days, Decathlon will consider that You have exercised your right to cancel the order.

If you chose the DHL express service:

If You are unable to take delivery of items delivered by the carrier, your parcel will be shipped back to the carrier's warehouse, a new attempt will be done on the next (up to two) business day. After three unsuccessful attempts of delivery and without being able to reach you, we will consider you have exercised the right to cancel your order.

For deliveries of heavy or large items, (more than 22 kg):

The carrier will contact You directly to arrange a delivery time. You must notify Decathlon at least two business days prior to the agreed delivery date if You will not be available at the agreed delivery time. If you fail to do this, additional charges might be imposed by the carrier.

 

CHECK YOUR ITEMS ON RECEIPT!

With respect to the acceptance of packages, Decathlon strongly advises Customers to check the apparent condition of items on delivery. In the event of a problem (damaged packaging or missing, damaged or broken items), You:

- Must describe the condition of the parcel being delivered in detail on the delivery note;

- Must have the carrier countersign the delivery note;

- Will have a period of 3 calendar days (excluding public holidays and bank holidays) in which to notify Decathlon by any means.

 

You are therefore strongly advised to open your parcel in the presence of the carrier to check that no item has been damaged. This is not intended to exclude any rights or remedies which may be available to You under any applicable law.

4- EXCHANGES AND RETURNS

EXCHANGE AND REFUND TERMS

You have a period of 365 days in which to exchange/return unsuitable items. In the case of an exchange, Decathlon will reimburse to your bank account the transport cost to send back the not wanted product (s).

However, we will not accept items that we consider to have been damaged on purpose or used in a manner not intended. 

You may also choose to receive a refund for items returned to the Website.

You have a period of 365 clear days from receipt of your order in which to exchange/return. This period will not apply with respect to the following in particular: purchases of perishables such as foodstuffs; and purchases of audio or video recordings and computer software applications which You have unwrapped.

EXERCISING THE RIGHT TO EXCHANGE/RETURN

Go to My account and click on "Track my orders" to obtain a return number identifying the reason for the return.  You should package your item carefully and include the relevant return number(s) printed out from the Decathlon.com.au website or written on a loose sheet of paper. 

You may choose how to return your item and whether You wish to take out insurance for loss, theft or destruction of your parcel. We do not cover the return postage/shipping costs, insurance or transport costs and will not be liable if your parcel goes missing. The Website advises Customers to choose a postage option whereby they can track their parcel. Generally, concerning this possibility to return/exchange if you are not completely happy with the items, all costs and risks arising in connection with returns are to be borne by the Customer, while costs arising in connection of exchange are to be borne by Decathlon.

Only returned items that are complete, in perfect or original condition, in their original packaging and accompanied by a return number will be accepted. Otherwise, the return will be deemed non-compliant and you will not receive a refund from Decathlon.  If your refund request is rejected, You will be notified by Decathlon promptly.

WHEN WILL I RECEIVE A REFUND IF I EXERCISE THIS RIGHT?

If you follow the returns procedure described above, You will be refunded within 5 business days of the date of receipt of the returned items by Decathlon. You will be refunded directly to the account connected to your bank or credit card.

WHAT HAPPENS IF MY ITEM IS FAULTY OR IS NOT WHAT I ORDERED?

Faulty item attributable to the carrier

Please refer to Clause 3 (Delivery), "Check your items on receipt!".

Item not as ordered

If an item does not correspond to the item You ordered (incorrect model, size, color or reference), You have a period of 14 days from receipt of the parcel in which to ask to return the item to Decathlon.

In both cases (faulty item / item not as ordered): 

You should refer to the A5 leaflet with instructions delivered with the parcel setting out how to return an item and regarding returns. If you can't find the A5 leaflet anymore, you can download it here.

- dispatch the ordered item within 30 days of receipt of the returned item, at its expense, subject to availability.

If the ordered item is no longer available on the return date, Decathlon will issue a refund for the relevant item. Postage costs will be refunded on the same terms as when a Customer exercises the right to cancel.

The above is not intended to limit or exclude any rights and remedies which may be available to You under the Australian Consumer Law if there is a breach of any statutory guarantee contained in the Australian Consumer Law.

5- WARRANTIES AND AFTER-SALES SERVICE

YOUR ITEM IS DAMAGED OR FAULTY

Notwithstanding Decathlon’s commercial warranty (details of which are set out below) covering certain items sold on our Website, Decathlon accepts liability for all legal guarantees and warranties expressed or implied to the transactions under the Competition and Consumer Act 2010, or any other legislation (such as the Fair Trading Acts (or equivalent legislation) in each State and Territory) the effect of which cannot be excluded.

All items sold on the Website are covered by a commercial warranty on the terms stipulated below.

 

DECATHLON WARRANTY – AUSTRALIA

 

Our goods come with guarantees that cannot be excluded under the Australian Consumer Law.  You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage.  You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. 

 

In addition to any statutory guarantees, rights and remedies which may be available to you under the Australian Consumer Law, Decathlon.com.au offers its customers a free, 2-year warranty permitting an exchange or refund which covers the normal wear and tear of the product, in conditions of use corresponding to its destination.   This warranty applies exclusively to all products sold on the website, decathalon.com.au, or products sold in any Australian Decathlon store, if any.  The warranty applies for 2 years, starting from the date of purchase of the relevant product.

 

However, this contractual warranty does not apply in case of problems, damage or defects which arise as a result of the improper, negligent, abusive or inappropriate use of the product, the unauthorised modification of the product or any failure to comply with the installation, maintenance or use instructions of the product. This warranty does not exclude or limit any legal warranties, rights or remedies that may apply in respect of a product which does not comply with a statutory guarantee under the Australian Consumer Law. 

 

To enjoy the warranty and initiate an exchange or refund, please contact the Customer Relation Centre by contacting:

 

Decathlon (Australia) Pty Ltd

 4/37 union street, Pyrmont, Nsw 2009, Australia

contact.australia@decathlon.com

 

When making a warranty claim, please provide us with your receipt of purchase, online tax invoice or other proof of purchase via a credit card or bank statement, full details of the problem that has arisen and your full contact details.  The costs of claiming the warranty (for example, the postage/shipping costs for the return of product) will be borne by Decathlon.

 

 

As stated above, this commercial warranty does not cover problems caused by negligence, damage or inappropriate use of the item. Decathlon draws your attention to defects and problems which can only be caused by incorrect installation or handling of equipment. In this respect, Decathlon asks You to follow the instructions in the help guides available on the Website and to conduct several tests on the equipment received.

HOW CAN I HAVE MY ITEM REPAIRED DURING THE WARRANTY PERIOD?

In case of a fault during the warranty period, contact us via email: contact.australia@decathlon.com, and specify the problems or malfunctions encountered with the relevant item(s) and order number. You will then be provided with return instructions.

As part of this warranty, Decathlon allows you to to return your item to Decathlon. Postage/shipping costs, will be borne by Decathlon.

Once the item has been processed by Decathlon, which will check in particular whether it is covered by the commercial warranty, the item will be repaired or exchanged.  In some circumstances, you may be entitled to a refund. If the cause of the problem is covered by the commercial warranty and the item suffers a major failure or is irreparable and you do not wish to exchange the item for an identical or equivalent item, you will be provided with, at your option, a credit note or a refund. In any case, if the problem is covered by the commercial warranty, Decathlon will offer the most appropriate solution (by replacing the faulty part, replacing the item or issuing a refund).

If an item is returned without good reason or if you have not read and followed the instructions in the help guides provided on the Website, the return will be deemed non-compliant and processed as such. Similarly, any items that are returned without a returns number will be systematically processed as non-compliant returns. 
You may choose how to return your item and whether You wish to take out insurance for loss, theft or destruction of your parcel. Decathlon.com.au does not cover any of these expenses and will not be liable if your parcel goes missing. 
Lastly, You are responsible for packaging your item such that there is no risk of damage or deterioration in transit.

The above is not intended to limit or exclude any rights and remedies which may be available to You under the Australian Consumer Law if there is a breach of any statutory guarantee contained in the Australian Consumer Law.

6- RETENTION OF TITLE

Decathlon will retain full title to items purchased by you until you have fulfilled all of your obligations, particularly by paying the full price of the order, plus interest where applicable.

7- ENTIRE AGREEMENT

These Terms and Conditions of Sale comprise all of the clauses herein. No forbearance in relying on a clause of these Terms and Conditions at any time will constitute a waiver of the right to subsequently rely on those clauses. If one clause is invalid, the other clauses will remain valid.

8- GOVERNING LAW

These Terms and Conditions of Sale are governed by the laws of the State of New South Wales.

In connection with a business-to-business sales contract, the Parties expressly agree that this contract is governed by the laws of the State of New South Wales. The Parties expressly agree that the Vienna Convention on Contracts for the International Sale of Goods will not apply to their relationship. Accordingly, any dispute that is not resolved amicably will be referred to the exclusive jurisdiction of the competent courts, even in the event of multiple defendants and/or if a third party is joined to the proceedings, even for urgent proceedings or protective proceedings brought on an urgent application or an ex parte application.

9 - INTELLECTUAL PROPERTY

9.1 Content Posted on the Site

All content on the Website, including but not limited to, any brand names, trade marks, business or company names, domain names or images (the Content), is subject to property rights protected under the intellectual property, including copyright, designs, trade marks, domain names, patents, know-how, software or database rights. The Decathlon GROUP and its partners retain ownership of all such Content and associated rights.

The Decathlon GROUP grants users a limited, non-exclusive, revocable, without the right to sublicense for simple access, navigation and use linked to the Website. This license does not grant Users any other right, particularly any right of commercial exploitation of such Content.

9.2 Content posted by Users

All content  published by you (including, but not limited to, text, comments, files, images, photos, videos, work, etc ...) (collectively, User Content)on the Website, which may be subject to property rights, intellectual property rights, image rights or other private law, remain the property of the user, subject to limited rights granted by the licence set forth below in DECATHLON GROUP or application, in each case, other special conditions previously accepted for specific services potentially available on sites Decathlon GROUP. Users are free to publish or not publish such User Content on the Website including via the service "photo sharing" and accept that this User Contents becomes public and freely accessible on the Internet. By posting and/or publishing any such User Content on the Website, You accept that this User Content can be used by the Decathlon Group into some commercial communications and grant your consent for the Decathlon Group to use the User Content in this manner.

You acknowledge, agree and guarantee that You have all necessary rights, licences and/or authorisations for the publication of User Content on the Site, including under relevant legislation in force and in accordance with any privacy, property, intellectual property, contractual rights or any other rights, including any such rights of a third party. You therefore acknowledge and agree that you remain solely responsible and liable for any User Content you publish or post on the Website and you agree to indemnify and hold harmless Decathlon or the Decathlon Group (and any related parties, affiliates, directors, officers, members, employees, partners, suppliers or agents of Decathlon) for any loss, liability, claim or demand (including reasonable legal costs), made by any third party due to or arising out of: any publication by You of any User Content, your use of the Website or services in violation of these Terms, your breach of these Terms, your violation of any third party right or any applicable laws, except to the extent that You are not responsible for such breach (for example, your acts or omissions were not negligent).

 

By such a publication on the Website, users are aware of potential liability as a publisher of the User Content within the meaning of the law, and agree in respect of that User Content to grant to Decathlon Group, a non-exclusive, royalty-free and global licence  including the rights of reproduction, representation, loading, displaying, running, transmission, storage, and the right to sublicense, including to its subsidiaries, technical, other partners and other users.

Users also allow their name to be associated with the content and accept that this association is not always done. Users can authorise a content to automatically become available on the internet, including on other websites and / or blogs and / or web pages including Decathlon GROUP pages including a social networking site of Decathlon GROUP or site users. Decathlon GROUP can share some content.

10 – PRIVACY

Decathlon may collect, store, use and/or disclose certain personal information about You for the purposes of providing You with our products and services, including processing your registration for an account on decathlon.com.au, assisting in the management of your account, verifying your age and identity, processing and administering your purchase orders, payments and transactions, in order to market to you and keep you informed of our products, services, promotions or offers that may be of interest to You or to respond to your queries, requests or feedback, for our internal business management purposes, for any other purpose required for us to comply with our legal and regulatory obligations or for any other purpose for which You have provided the personal information.

The types of personal information that we may collect include (without limitation) your full name, address, email address, phone numbers, date of birth and financial information (such as credit or debit card details or bank account information).

Decathlon may disclose your personal information to our related entities, for example, our parent company Decathlon France SA and any of the brands owned by Decathlon France SA, our affiliates or business partners, third party service providers, contractors, suppliers and vendors who may assist us in the provision of products and services to you or in the management of our business (for example, website hosting services, payment processors and services that assist in the distribution of marketing materials such as mailing houses), government or regulatory bodies, law enforcement bodies or courts of law in order to comply with our legal and regulatory obligations. 

Occasionally, this personal information may be disclosed to recipients located outside of Australia, for example, to our parent company Decathlon France SA located in France and third party payment processors, website hosting services or information storage servers, most likely located in China or Europe.

For more information about Decathlon’s privacy practices, including how You may request access to, or seek the correction of, your personal information, or how you may make a complaint about a breach of your privacy, please see Decathlon’s Privacy Policy, available at: http://www.decathlon.com.au/c/3-terms-and-conditions-of-use

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11 – Contact details

 

Please submit any queries or comments you may have about these Terms, an order you have placed or ordering in general by mail or email:

Decathlon (Australia) Pty Ltd

 4/37 union street, Pyrmont, Nsw 2009, Australia

Email:

contact.australia@decathlon.com