DECATHLON AUSTRALIA MEMBERSHIP PROGRAM
TERMS AND CONDITIONS
Last Updated: 14 November 2017
ABOUT THE PROGRAM
A Membership Program has been established by Decathlon Australia Pty Ltd. The Membership Program is designed to build a community of sports-loving people around Decathlon products and services and offer them exclusive membership benefits. These terms and conditions apply to the Membership Program. By submitting a Membership application, you agree to be bound by these terms and conditions.
In these terms and conditions, the following definitions apply:
"Decathlon" means Decathlon Australia Pty Ltd (ABN 64 608 596 069).
“Decathlon Group” means Decathlon SA and any Decathlon SA subsidiary held directly or indirectly to an extent of at least 10% of the voting rights cast in the annual general meeting.
“Member” means a Member of the Membership Program.
“Membership” means an individual Membership of the Decathlon Membership Program.
“Membership Program” means the Decathlon Membership Program under which a Member will be issued a unique Decathlon Membership number.
“Test it! Program” means Decathlon’s “Test it! Love It” Program, which is a benefit of the Membership Program and enables Members (aged 18 and over) to use and test Decathlon products for a limited period of time (without first purchasing the product) and which is subject to these Terms, in particular, clause 4.
“Terms” means the terms and condition which apply to the Membership Program (including the Test it! Program), as amended from time to time at Decathlon’s discretion.
“Used Products” means the products have already been tested in the Test it! Program but are still fit for use and in reasonable condition (and may display signs of fair wear and tear), which will be determined by Decathlon on a case by case basis).
“Website” means Decathlon’s website at URL: www.decathlon.com.au.
1.1 These Terms set forth the conditions upon which Decathlon administers its Membership Program. By applying to join the Membership Program, the Member agrees to be bound by these Terms.
1.2 These Terms are available free of charge upon request at Decathlon’s in-store information desk or online on the Website.
1.3 No payment is required to become a Member.
1.4 The Membership, and/or any benefit conferred by Membership is not transferable and cannot be, sold, bought, traded, redeemed for cash in any way and can only be used by the Member who is named and registered as a Decathlon Member.
1.5 Decathlon may, at any time, decline to issue, withdraw, cancel or terminate any Decathlon Membership in whatever form, and/or remove a Member from the Membership Program where Decathlon reasonably believes there has been:
(a) any abuse or attempted abuse of the Membership Program;
(b) any fraudulent use of the Membership by the Member and/or any third party acting on behalf of the Member;
(c) any breach or attempted breach of these Terms;
(d) any inappropriate conduct relating to the Membership Program or Decathlon, for example, conduct that involves theft, misconduct, abusive or offensive behavior, or supplying false or misleading information.
1.6 To the extent permitted by law, where Decathlon declines to issue, withdraws, cancels or terminates any Decathlon Membership and/or benefit, the Member shall not be entitled to any compensation of any kind whatsoever.
1.7 A Member may leave the Membership Program at any time. By leaving the Membership Program, Members forfeit the right to any benefits already accrued or issued.
2.1 To participate in the Membership Program, individuals must complete an application form available either:
(a) on our “My Card” Tablets or “Touchscreen”, which are registration tools in Decathlon stores; or
(b) online - by going to the Website and clicking “My Account”.
2.2 To become a Member, an individual must provide, at a minimum:
(a) full name;
(b) his/her email address;
(c) phone number; and
(d) street address.
2.3 Members represent and warrant that they are 18 years or older or if under 18, have obtained parental or guardian permission to enter into the Membership Program.
2.4 Members must keep Decathlon updated of any changes to their personal information. Decathlon cannot be held responsible for any loss incurred by inaccurate personal information. Members should ensure that any name or address changes are reported via one of the following methods:
(a) by logging in to the Member’s account on the Website; or
(b) by sending an email to email@example.com.
2.5 The Member represents and warrants that the information they provide in respect of their application is current, correct and true.
2.6 The Membership Program is for personal, private and consumer use only. No Decathlon Membership and/or other benefit conferred by the Membership Program may be used for any business transaction or commercial purpose.
2.7 An individual may only hold one Membership.
2.8 The Membership Program is valid at all Decathlon stores in Australia and on the Website. Some benefits may be subject to further terms and conditions, such as restrictions on use.
3.1 Members may be entitled to take advantage of the following benefits of Membership:
(a) Exclusive product testings by participating in our “Test it! Program (if aged 18 or over). See clause 4.
(b) Invitations to events held by Decathlon.
(c) E-Receipts for Easy Exchanges/Refund. Members are able to obtain a refund/exchange without a receipt as the details of their purchases will be registered in their Decathlon Account when presenting their Membership Number at the time of purchase.
(d) Personalised Sports Advice and Content. Regularly issued sports news, tips and other exciting content that is custom-made for Members only.
(e) Communications about special offers, news and sporting events organized by a Member’s local Decathlon store (unless the Member has expressly opted-out of receiving these communications).
(f) In the unlikely event that Decathlon (or one of its suppliers) needs to send a Member an alert or notice (including a statutory notice) regarding a product they have purchased, Decathlon will be able to contact each Member who purchased the product the subject of the notice. The notification will be sent, at Decathlon’s discretion, by email, mail or phone. Decathlon does not take responsibility if the Member details are not correct.
(g) Exclusive services, e.g. an extended Refund & Exchange Period to 365 days if Members are not completely satisfied with their purchase for any reason. This is in addition to any rights and remedies which may be available under the Australian Consumer Law and is not intended to limit the applicability of those rights and remedies.
3.2 The above Member benefits are determined by Decathlon from time to time and may be subject to availability and modifications. Some Member benefits, such as promotions and events, may be subject to separate terms and conditions.
3.3 The benefits provided by Decathlon to Members, including product warranties, (which vary depending on the product) and are in addition to the rights and remedies available under the Australian Consumer Law when a product does not comply with a statutory guarantee and are not intended to limit the availability of those rights and remedies. Please refer to the product webpage or product packaging (or packaging inserts) to determine the warranty term and warranty conditions.
4.1 The Member acknowledges and agrees that their participation in the Test it! Program is subject to the Terms of this clause 4.
4.2 Members may only test products in the Test it! Program where those products are available and in-stock in store on the date of the Member's request. It is not possible to order or specifically reserve products for testing.
4.3 The Test it! Program is not available in respect of food and cosmetic products.
4.4 The products in the Test it! Program may be brand new products and/or Used Products.
4.5 The Test it! Program is valid at all Decathlon stores in Australia. The Test it! Program is not available on the Website.
4.6 To test the products, individuals must be:
(a) aged 18 or over; and
(b) a current Member of the Membership Program.
4.7 Each Member may only request to borrow and test one product at a time, subject to availability in store, for a maximum period of 7 calendar days commencing from the time of collection of the product from the Decathlon store (hereinafter “Testing Period”).
4.8 At the time of collection of the product:
(a) Decathlon will not provide any documentation to the Member. The product’s identification and condition (brand new or used) at the time of collection shall be indicated in Decathlon’s system. However, Decathlon will provide this information to the Member at the Member’s request.
(b) The Member must provide Decathlon with:
(i) their Membership number ;
(ii) their valid Driver's Licence or Passport,
in order for Decathlon to make a copy of the Member’s document. Such documents will be stored in a secured file in the Decathlon store and returned to the Member at the completion of the Testing Period or destroyed.
(c) Unless the information in (b) is provided, the Member will not be entitled to participate.
4.9 The Member acknowledges and agrees:
(i) to the Decathlon store from which it was collected by the Member on or before the end of the Testing Period; and during the store’s opening hours; and
(ii) in the same condition in which it left the Decathlon store;
(b) s/he will be solely responsible for the use of the product during the Testing Period; and
(c) that, shortly after the product is returned at the completion of the Testing Period, Decathlon will evaluate the condition of the product to determine whether the product has been damaged and can continue to be used as a testing product. If not, Decathlon will inform the Member of the amount to be paid (the recommended retail price of the said product) and the Member must attend the Decathlon store in order to pay the corresponding amount.
4.10 The Member acknowledges and agrees that:
(a) In event that the Member fails to return the product in accordance with paragraph 4.9(a) s/he shall pay the recommended retail price of the product in full. In this case, shortly after the completion of the Testing Period, Decathlon will contact the Member and require payment to be made. An E-receipt will be issued after the payment is received.
(b) In the event that Decathlon determines at its sole discretion that the product was returned in a damaged condition (for example, where the product is broken and/or an accessory part of the product is missing), the Member shall be solely responsible for the payment of the product’s current recommended retail price.
4.11 Any costs associated with the return of the product to the store shall be the sole responsibility of the Member.
4.12 No title in the product shall pass to the Member until the Member pays Decathlon for the borrowed product in full.
(a) the Member shall be liable to pay and shall pay to Decathlon, a fee calculated at a rate of 20% (twenty percent) of the recommended retail price in dollars, for each day of delay, after the completion of the Testing Period. Such fee shall apply for up to 3 days after the date the product was required to be returned to the store; and
(b) after this 3 days period, Decathlon will consider that the product is non-delivered and the Member will be liable to pay and shall pay to Decathlon, a fee equivalent to the recommended retail price of the product, less any amount charged and paid by the Member for the daily late delivery fee.
4.14 In the event that the Member fails to:
(a) return the product to the store by the date which is three (3) days after the conclusion of the Testing Period; and
(b) to pay the amounts payable under clause 4.13for the product directly in store within 72 (seventy two) hours and, following Decathlon’s instructions, the corresponding amount if need be,
Decathlon reserves all its rights, including the right to report the theft of the product to the police and/or to commence a debt recovery action against the Member to recover an amount equivalent to the recommended retail price of the product which is not returned.
4.15 To the maximum extent permitted by law, Decathlon is not responsible for any damages, accidents or other events resulting from the use of the product during the period in which it is held by the customer.
4.16 Risk Warning: The Member acknowledges, understands and agrees that:
(a) there may be an inherent risk associated with the product he/she has selected for use in the Test it! Program and that the product selected may be potentially hazardous and/or may cause injury or illness, which may or may not depend on the manner in which the Member uses the product. Injuries that may occur due to the Member’s participation in the Test it! Program may include temporary or permanent disability and even death and the Member’s use of the product may involve other risks not noted in these Terms.
(b) their participation in the Test it! Program is at his/her own risk, on a voluntary basis and there is no guarantee of his/her safety and that the risks noted above may be caused by his/her own acts or omissions, the acts or omissions of others, the condition and/or layout of the location where the product is used or other risks not known to the Member or that are readily foreseeable at the time of becoming a Member.
4.17 Acknowledgment and Consent: The Member acknowledges and confirms that:
(a) s/he is in good health (physically and mentally) and does not suffer from any known medical problem, disability or condition (physical or mental) that would limit his/her participation, adversely affect his/her physical well-being or increase his/her risk of injury or illness as a result of participating in the Test it! Program;
(b) s/he agrees to participate in the Test it! Program in a manner that is not reckless or dangerous to themselves or other people and with all necessary personal protective equipment; and
(c) the product shall be used according to the rules and instructions for each product.
4.18 Assumption of Risk: Notwithstanding the risks of physical harm and injury which may be inherent in the Member’s participation in the Test it! Program, some of which are noted above, s/he agrees to participate in the Test it! Program at his/her own risk.
4.19 Waiver, Release and Indemnity
(a) The Member agrees that the provisions of the Competition and Consumer Act 2010 (Cth) and any similar State/Territory legislative provisions (which provide for an implied warranty that services be rendered with due care and skill and that any materials supplied in connection with those services will be reasonably fit for purpose) are excluded and do not apply to this Agreement in so far as they relate to liability for death or personal injury from the Member’s participation in the Program.
(b) In consideration for the Member’s participation in the Test it! Program and to the full extent permitted by law, the Member hereby agrees to release, waive, discharge and forever hold harmless, and to indemnify Decathlon (including its related companies in the Decathlon Group and their respective officers, directors, employees) from and against any and all claims, rights, demands, lawsuits or causes of action (known or unknown) resulting from his/her voluntary participation in the Test it! Program or in any event incidental to the Test it! Program, whether direct, consequential or foreseeable, and whether caused by accident or negligence or wilful omission, breach of law, breach of statutory duty or otherwise in connection with the Test it! Program.
(c) The Member agrees that the above waiver, release, discharge and indemnity shall operate in favour of Decathlon (including its related companies in the Decathlon Group and their respective officers, directors, employees) and shall so operate whether or not the loss, injury or damage is due to or attributable to any act, negligence or omissions of any one or more of them.
5.1 Decathlon is not responsible for Membership Numbers which are lost, stolen or fraudulently used. In the event that the Membership account is unable to be accessed or a Membership Number is lost or stolen, the Member must inform Decathlon Member Services as soon as possible. The Member’s Membership Number will be canceled and a new Membership Number will be issued. The Decathlon Membership Account may also be retrieved from the My Account page on our Website.
6.1 Liability of Members
(a) The Membership is personal and non-transferrable. Consequently, the Member is responsible for their Membership, which s/he undertakes to use according to these Terms. The Member is solely liable for any use s/he may make of his/her Membership Number and password, is the sole guarantor of their confidentiality, and is solely responsible for any use made of his/her Membership or Membership account. As such, the Member undertakes to Decathlon as follows:
(i) to create only one Membership in his/her name;
(ii) to guarantee the accuracy of all information given to Decathlon when joining the Membership Program;
(iii) to ensure that the data communicated to Decathlon makes it possible to contact him/her (mobile number, email), is secure and used solely by the Membership holder;
(iv) to relieve Decathlon of liability in the event of use by an unauthorized third party of the benefits acquired by the Member as part of its Membership program;
(v) to inform Decathlon of any unauthorized use of his/her Membership and of any breach of the confidentiality and security of his/her means of identification.
(b) Members indemnify Decathlon for and against any loss or claim suffered or incurred by Decathlon arising from or in connection with a breach of these Terms.
6.2 Liability of Decathlon
(a) To the maximum extent permitted by the law, Decathlon shall not be liable to any Member for any damages, losses, costs and/or expenses incurred whether in contract, tort, negligence or otherwise and howsoever arising relating to the Membership Program or the Member’s use of the Membership and/or any benefit conferred on the Member by virtue of the Membership Program, including (without limitation) in respect of any delays, delivery errors, technical malfunctions, connection problems or any failure to provide a benefit.
(b) Nothing in this clause 6 shall affect any statutory rights that the Member has including any rights in relation to products or services supplied by us which do not comply with the consumer guarantees contained in the Australian Consumer Law.
7.1 The Decathlon Membership shall be valid for the lifetime of the Membership Program unless otherwise canceled by the Member or Decathlon.
7.2 Decathlon reserves its right to amend the Terms at its discretion. Where material amendments are made to the Terms, reasonable notice of the amendments will be provided to Members before the amendments take effect. Amended Terms will be published on the Website. All Members that continue to use the Membership Program after a change is posted on the Website will be deemed to have accepted the updated Terms. If a Member does not accept the amendments to the Terms, s/he may cancel their Membership.
7.3 The Member is invited to regularly review the most recent version of the Terms, accessible at your Decathlon local store or on our Website.
8.1 Decathlon is collecting your personal information to create and manage a Member account, deliver the Membership Program and its associated benefits and process orders etc. We will use your personal information to provide you with offers adapted to your sporting preferences and to monitor the quality of our products and services.
8.2 Failure to provide your personal information may prevent you from being able to create a Member account.
8.3 We may disclose your personal information to third parties, such as our related companies in the Decathlon Group, service providers whom we have engaged to provide services on our behalf (such as payment processors, delivery services)or as required by law. Some third parties may be located overseas, including members of the Decathlon Group, which are primarily located in the European Union. Personal information is stored in Singapore.
8.4 We may use your personal information for the purposes of marketing our products and services, for example, to send newsletters and promotional offers about our products and services. Our marketing may be conducted by, for example, phone, email and social media.
8.5 By providing your personal information, you consent to the use of your information in this way. If you do not wish to receive our marketing materials, you can unsubscribe by clicking the unsubscribe function in any electronic communication we send or contacting us via our details set out below.
8.6 If you would like to seek access to or correct your personal information, you can do so:
(a) by making a request at the reception of your local store (upon presentation of proof of identity); or
(b) via your personal Membership Account available on the Website.
9.1 Decathlon will not be liable or responsible for any failure to perform, or delay in performance of any of our obligations under these Terms that is caused by events outside Decathlon’s reasonable control (“Force Majeure Event”). Decathlon’s obligations under these Terms are suspended for the period that the Force Majeure Event continues, and Decathlon will extend the time to perform these obligations for the duration of that period.
9.2 If any clause of these Terms, or any part of any clause, is or becomes illegal, invalid or unenforceable, then that part shall be severed and the remainder of the Terms shall continue in force.
9.3 These Terms shall be governed by law of New South Wales. Each of the Member and Decathlon agrees to submit to the non-exclusive jurisdiction of the courts of New South Wales.