GENERAL TERMS AND CONDITIONS OF SALE
5 COOLING OFF PERIOD
6 WARRANTIES – AFTER-SALES SERVICE
7 RISK AND OWNERSHIP
8 ENTIRE AGREEMENT
9 GOVERNING LAW
10 ELECTRONIC COMMUNICATIONS
11 LIMITATION OF LIABILITY
12. GENERAL INFORMATION
1.1. This Website can be accessed at [www.decathlon-sports.co.za] and is –
1.1.1. owned by Decathlon Société Anonyme, a company duly incorporated in terms of the company laws of France with registration number [2015/118486/07] and its affiliates (i.e. any company in which Decathlon Société Anonyme owns, directly or indirectly, at least 10% of the share capital and voting rights) (collectively referred to as the “Decathlon Group”);and
1.1.2. operated by Decathlon South Africa Proprietary Limited (“Decathlon”, “We”, “Us” and “Our”), a subsidiary of Decathlon Société Anonyme and, accordingly, a member of the Decathlon Group.
1.2. The general terms and conditions of sale set out hereunder (“Terms and Conditions”) shall govern the ordering, sale and delivery of products and/or services (collectively the “Goods”) purchased on the Website.
1.4. These Terms and Conditions are entered into exclusively between Decathlon, , and every person that accesses and/or places an order on the Website, (“You”, “Your” or “User”). For purposes of these Terms and Conditions, the User and Decathlon shall hereinafter collectively be referred to as the “Parties”.
1.6. It is Your responsibility to familiarise Yourself with the provisions of these Terms and Conditions. Should there be any provision that You do not understand, it is Your responsibility to raise any concerns and/or questions You may have before accepting the Terms and Conditions. If you do not agree to the Terms and Conditions, then do not continue to use the Website and/or order the Goods.
1.7. You confirm that You have reached the age of majority in South Africa, alternatively that you have obtained parental consent to transact on the Website , alternatively that You are duly assisted and/or supervised by Your parents or legal guardian and that You have the legal capacity to contract with Decathlon and to subsequently place an order on the Website. Decathlon delivers to Users in the areas set out further in Clause 4 below.
1.8. Should You have any questions concerning any online purchase, please contact Decathlon’s Customer Relations Centre as stipulated below:
1.8.1. should You have an account on the Website, by clicking on“My account”; or
1.8.2. by calling [+27 10 592 1066] (Monday to Friday between 9 am and 7 pm, excluding public holidays and weekends).
1.9. The User acknowledges and understands that these Terms and Conditions may be varied at any point from time to time without prior notice to the User. Accordingly, the Parties agree that their relationship will be governed by those Terms and Conditions applicable as at the date of the transaction. The varied Terms and Conditions shall be binding from the date that they are made available on the Website.
How to place an order on the Website?
2.1. You will be required to complete the following steps when placing an order with Decathlon:
2.1.1. add Your chosen Goods to Your basket;
2.1.2. select a delivery method;
2.1.3. select a method of payment;
2.1.4. make Your payment;
2.1.5. You will receive an e-mail from Decathlon confirming that Your order has been logged; and finally?
2.1.6. You will receive an e-mail confirming Your order.
2.2. Decathlon is deemed to have accepted Your order once the email confirmation (from Decathlon confirming that Your order has been logged) has been generated, which shall constitute a binding contract of sales between the Parties.
2.3. As soon as Your order is ready to be dispatched, Decathlon will send You an e-mail confirming that Your order will be dispatched.
2.4. Our Prices
2.4.1. All prices displayed on the Website are expressed in South African Rand (ZAR) and are inclusive of VAT at the rate applicable on the order date.
2.4.2. The prices displayed on the Website exclude additional service charges such as postage/shipping, the cost of certain packaging and other optional services selected by You. You will be responsible to pay for those additional charges, if applicable.
2.4.3. Any additional charges payable by You will be included in the summary of Your order, which shall be displayed on-screen before the final confirmation of the order by You.
2.4.4. You are hereby notified that the Goods available on the Website and the prices applicable at the date of the transaction apply exclusively to the Goods purchased on the Website and thus do not apply to any Goods available in any Decathlon retail store in South Africa or elsewhere and vice versa.
2.5. Payment methods
2.5.1. Decathlon is committed to providing secure online payment facilities. As such, all transactions and card payments are secured using the Secure Socket Layer (SSL) protocol. Payments are processed by Ogone.
2.5.2. Payment may be made electronically via the Website by using Your Visa card or Mastercard..
2.5.3. The price of Your selected Goods will be debited from Your specified bank account once Your order, or the part thereof, which You have asked to have dispatched separately, is complete (after having completed the steps listed in clause 2.1) and ready to be dispatched.
2.6. Decathlon reserves the right to reject an order under certain circumstances, including in the event of an ongoing payment dispute with a User, or if a User has ordered an unusually large number of Goods.
2.7. Proof of orders and payment
In the absence of proof to the contrary, Our electronic databases and those of Our service providers (kept under adequate security conditions) will constitute proof of all transactions entered into between Decathlon and You. In accordance with the applicable regulations, We store orders in a reliable and secured medium. You may access orders placed by You on the Website by clicking on the tab “My account”. In all cases, Decathlon recommends that all Users retain the email from Decathlon confirming their order.
3. AVAILABILITY AND CANCELLATION
3.1. Offers relating to Goods on Our Website apply for so long as they remain visible on the Website, except when special offers are available, in which case the terms of validity of those offers will be stipulated on the Website. You are advised to check the availability of the Goods on the relevant product information page.
3.2. If Goods are ordered, but unavailable, Decathlon reserves the right to cancel the order, in which case You will be notified accordingly, and You will be refunded within 30 days of notification.
3.3. If You place an order for several Goods, one of which is unavailable, Decathlon will inform You accordingly via email and You will be refunded within 30 days of notification.
3.4. Where Decathlon cannot fulfil your entire order, You may elect to cancel Your entire order, in which case You must inform Decathlon’s customer services department via telephone or e-mail within 48 hours of receipt of the email referred to in clause 3.3 above. The balance of the order will be processed and dispatched to You upon expiration of this 48 hour period within the time frame indicated on the Website.
3.5. The Website may also offer to replace unavailable Goods with similar Goods of similar quality with Your prior written consent. In this case, if You then exercise Your right to cancel the order after receipt of the substitute Goods, You will be required to pay the return postage costs.
4.1. How do we deliver: courier/post office :
4.2. Where do We deliver?
Goods are delivered to the delivery address provided by You in Your order, in South Africa (excluding, Prince Edward Islands, Dassen Island and Robben Island).
4.3. Do We deliver to multi-occupancy addresses?
4.3.1. Where a delivery is to be made to an address occupied by two or more persons, You acknowledge and accept that the Goods may be received by a third party residing or present at that address.
4.4. Delivery times
4.4.1. The delivery time given on the Website commences on the date on which the Goods You have ordered are dispatched from Our warehouse, with such date of dispatch not being more than 30 days after confirmation of the order by the Website. You will be sent an e-mail confirming that Your order has been dispatched.
4.5. What happens if I am not at home when my order is delivered?
4.5.1. If You are unable to take delivery of the Goods delivered by the post office, You will have the requisite period of time determined by the post office in which to collect the Goods from such post office. Thereafter, the Goods will be returned to Decathlon. Decathlon will then send a reminder to You. If You fail to respond to this reminder within 7 days, Decathlon will consider that You have exercised Your right to cancel the order.
4.5.2. With regard to the delivery of heavy or large Goods, by appointment, the carrier will contact You directly to arrange a delivery time. You must notify Decathlon at least five (5) business days prior to the agreed date of delivery if You will not be available at the agreed delivery time. If You fail to do this, additional charges will be imposed by the carrier.
4.6. Check Your Goods on receipt
4.6.1. Once the Goods are delivered and received by You, Decathlon strongly recommends that You check the condition of the Goods on delivery. In the event of a problem (whether packaging is damaged, or missing, or broken), You may refuse to accept delivery. In such instance, You must describe the condition of the Goods and/or packaging being refused in detail on the delivery note and have the carrier countersign the delivery note.
4.6.2. You are therefore strongly advised to open Your packaging in the presence of the carrier to check that the Goods have not been damaged.
4.6.3. [what happens then- full refund?]
4.7. No Liability for late or failed delivery
4.7.1. Subject to its compliance with applicable legislation, and although Decathlon will endeavour to deliver the Goods, in accordance with the provisions of clause 4.4 above, Decathlon shall not be liable in any manner whatsoever for a failure or delay in the delivery of the Goods.
4.7.2. Although reasonable care shall be taken, Decathlon accepts no responsibility whatsoever for incorrect delivery details, or if an unauthorised person at the delivery address, accepts delivery of the order and Goods.
5. COOLING-OFF PERIOD
5.1. You have a period of seven (7) days after the date of receipt of the Goods in which to cancel Your order without reason and without penalty. However, You accept and agree that this cooling-off period will not apply with respect to the electronic transactions relating to:
5.1.1. the supply of foodstuffs, beverages or other goods intended for everyday consumption supplied to the home, residence or workplace of the User;
5.1.2. services which began with the User’s consent before the end of the seven-day period;
5.1.3. instances where the Goods are made to the User’s specifications, are clearly personalised, by reason of their nature cannot be returned, or are likely to deteriorate or expire rapidly;
5.1.4. instances where audio or video recordings or computer software were unsealed by the User;
5.1.5. the sale of newspapers, periodicals, magazines and books.
5.2. Where You have exercised Your right to cancel in terms of the cooling-off period, You will be responsible for the cost of returning the Goods, in accordance with clause 5.3 below. .
5.3. Exercising of cooling-off period
5.3.1. Go to “My account” and click on “Track my orders” to obtain a return number identifying the reason for the return.
5.3.2. You should package Your Goods carefully and include the relevant return number(s) printed out from the Website or written on a loose sheet of paper.
5.3.3. You may choose how to return the Goods and whether You wish to take out insurance for loss, theft or destruction of the Goods. Decathlon does not cover the return postage/shipping costs, insurance or transport costs and will not be liable should the Goods go missing. The Website advises Users to choose a reliable courier service whereby the Goods may be tracked. Generally, all costs and risks arising in connection with returns are to be borne by You.
5.3.4. Only returned Goods that are complete, in perfect/their original condition, in their original packaging and accompanied by a return number will be accepted. If the Goods are found not to be in an acceptable condition, the return will be deemed non-compliant and You will not receive a refund from Decathlon.
5.4. When will I receive a refund if I exercise my right to cancel?
5.4.1. Provided that You follow the returns procedure described above, You will be refunded within 30 days of the date of receipt of the returned Goods by Decathlon.
5.4.2. For payments made by Visa card or Mastercard, You will be refunded directly into the account connected with Your debit or credit card.
5.4.3. Subject to clause 5.3, if only part of an order is returned, Decathlon will refund postage/shipping costs (one way) proportionate to the total amount of the order. If an entire order is returned, Decathlon will refund all postage costs paid when the order was placed.
6. WARRANTIES – AFTER-SALES SERVICE
6.1. Your item is damaged or faulty
6.1.1. CPA warranty:
You will be entitled to the statutory warranties provided for in the Consumer Protection Act 68 of 2008 (“CPA”).
6.1.2. Commercial Warranty
Certain Goods sold on the Website could be covered by a sales warranty for the term stipulated on the relevant web page. However, this warranty does not cover problems caused by negligence, damage or inappropriate use of the Goods by You. Decathlon draws Your attention to defects and problems which can only be caused by incorrect installation or handling of the Goods. The Goods supplied by Decathlon shall be suitable only for the purpose designed and intended and the User shall ensure the Goods are handled, stored, installed, used, worn or otherwise dealt with in a normal and reasonable manner, and where applicable, in a manner consistent with the instructions given by Decathlon.
6.2. How can I have my Goods repaired during the warranty period?
6.2.1. In case of a defect during the warranty period, contact Decathlon’s after-sales department, details of which may be found on the Website In order to return the defective Goods to Decathlon, go to “My account”, click on “Track my orders” and specify the defect(s) encountered with the relevant Good(s). You will then be provided with a return number. As part of this warranty, Decathlon provides You with the option to choose whether to return Your defective Goods in store at any Decathlon outlet within South Africa or via the Website. Postage/shipping costs, regardless of the method chosen, will be for Your account.
6.2.2. After a determination by Decathlon as to whether a particular defect is covered by the warranty, Decathlon will process the claim accordingly, and the defective Goods will be repaired or exchanged, in Decathlon’s sole discretion. If the cause of the defect is covered by the sales warranty and the defective Goods are irreparable, and cannot be exchanged for any identical or equivalent Goods, You will be provided with a credit note or a refund. In any case, if the defect is covered by the CPA and/or commercial warranty, Decathlon will offer the most appropriate solution (by replacing the defective part, replacing the defective Goods or issuing a refund).
6.2.3. If Goods are 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 Goods that are returned without a return number will be systematically processed as non-compliant returns.
7. RISK AND OWNERSHIP
7.1. Decathlon will retain full ownership of Goods purchased by You on the Website until You have fulfilled all of Your obligations, particularly by paying the full purchase price of the order, plus interest where applicable.
7.2. Risk shall pass to the User upon delivery of the Goods to the User.
8. ENTIRE AGREEMENT
9. GOVERNING LAW – DISPUTES
9.2. In the event of any dispute arising between You and Decathlon, You hereby consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa.
10. ELECTRONIC COMMUNICATIONS
11. LIMITATION OF LIABILITY
12. GENERAL INFORMATION
12.1. For purposes of section of the Electronic Communications and Transactions Act (“ECTA”), Decathlon’s information is as follows:
12.1.1. Full name: Decathlon South Africa Sports, a private company duly incorporated in terms of the Company laws of South Africa, registration number 2015/118486/07
12.1.2. Main business: RETAIL OF SPORT GOODS, E-COMMERCE AND REAL ESTATE ACTIVITIES
12.1.3. Physical address for receipt of legal service (also postal and street address): New Market Mall, Cnr Heidelberg Road & Ring Road East, Alberton 1449
12.1.4. Office bearers: PostNet Suite #4 Private Bag X9976 Sandton 2146
12.1.5. Phone number: +27 10 592 1066
12.1.6. Official email address: firstname.lastname@example.org