Hide Filters
Filters 0
Sort by :
Filters 0

TERMS OF USE DECATHLON

1. INTRODUCTION

2. FEATURES OFFERED BY THE WEBSITE

3. CONDITIONS OF USE

4. DEPOSIT OF CONTENT ON THE WEBSITE

5. CONDUCT ON THE WEBSITE

6. GOODS ORDERED, PRICING AND AVAILABILITY

7. INTELLECTUAL PROPERTY

8. LIMITATION OF LIABILITY

9. CONTROL OF CONTENT SUBMITTED BY THE USER

10. DISPUTES

11. GENERAL INFORMATION

 INTRODUCTION

  1. This Website can be accessed at [ https://www.decathlon.co.za/] and is owned by Decathlon South Africa Sports (Pty) Ltd, 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/or voting rights)
    collectively, referred to as the “Decathlon Group”). In turn, the Website is operated by Decathlon South Africa Sports Proprietary Limited (“Decathlon”, “We”, “Us” and “Our”), a subsidiary of Decathlon Société Anonyme and a member of Decathlon Group.

  1. The terms of use set out herein (“Terms of Use”) apply in addition to Our privacy policy (“Privacy Policy”), which may be accessed at https://www.decathlon.co.za/content/149-legal-documents- These Terms of Use are entered into between Decathlon and every person that visits the Website (“You”, “Your” or “User”). For purposes of these Terms of Use, the User and Decathlon shall hereinafter collectively be referred to as the “Parties”.

  1. You may not access this Website for any purpose other than for utilizing the services offered on it in the normal manner. You must not Use the Website in any manner of form, in whole or in part for the purpose of redistributing or otherwise using any of our content for your own or another’s business purposes unless you are expressly licensed thereto by us in writing.

  1. For the purposes hereof, the term "Use", “Used” and “Using” includes accessing the Website and all transactions and/or browsing via the Website, regardless of the device, type and place of connection used to access the Website (computer, tablet or Smartphone), connection type (private connection, connection to a third party or public Wi-Fi) and the place of connection (from South Africa or abroad).

  1.  By Using the Website, or purchasing goods or services from us, You accept and agree to be bound by these Terms of Use and Our Privacy Policy, without modification. You understand that these Terms of Use may change from time to time. As such, the Terms of Use applicable shall be those terms in force as at the date of Use of the Website.  It is Your responsibility to familiarize Yourself with the most recent terms and conditions every time you enter the Website. If you do not accept Our terms and conditions of use, You may not access our Website or use any of the services available on the Website.

  1. The effect of this clause is that by using the Website, or purchasing goods or services from Us, it will be presumed that You have read and understood these Terms of Service and that you agree to comply with them. 

FEATURES OFFERED BY THE WEBSITE

  1. The Website allows the User:

  1. To find goods and services (collectively, the “Goods”) offered by Decathlon;

  2. To conduct online purchases;

  1. To publish consumer reviews on Goods sold by Decathlon;

  2. To participate in various games and competitions provided by Decathlon.

  3. The abovementioned list is provided for information purposes only. Decathlon reserves the right to add or remove features offered by the Website, either temporarily or permanently, without the consent of or notification to the User.

CONDITIONS OF USE

  1. The Website is intended for adult South African consumers. Minors are required to seek the assistance of their parents or legal guardians should they wish to browse and/or make purchases on the Website. Decathlon and/or Decathlon Group shall not be held liable for any claim arising out of the incorrect or improper Use of the Website.

  1. Access to the features provided by the Website as listed in clause 2, may be subject to the creation of an account requiring the disclosure of personal information about the User. Should You elect to register as a User on the Website, You will be required to provide Us with personal information which may include, without limitation, to the following:

  1. name and surname;

  2. email address;

  3. physical address;

  4. gender;

  5. mobile number; and

  6. date of birth.

  1. The User agrees to provide accurate, complete and current information as to his/her identity and shall not impersonate any third party or misrepresent either himself/herself. To the extent that You impersonate any third party and/or misrepresent Yourself, Decathlon reserves the right to suspend or delete Your account.

  1. When You use the Website and/or send emails (or any forms of communication) to Decathlon, you acknowledge that you are communicating with Decathlon using electronic records. In turn, Decathlon may also communicate with you through email and other forms of communication in response to any of your queries.

  1. You will be held liable for the maintenance of all confidentiality of Your username and password for Your Decathlon account. You will also be responsible for all activities that occur on the Website under your username.

  1. Please refer to Our Privacy Policy document for information on how Decathlon will manage and protect Your personal data (which shall include Your personal information, and has the meaning as set out in the Protection of Personal Information Act No. 4 of 2013 (“POPI”) (“Data”). View Privacy Policy.

  1. We have made every effort to ensure that the information on our products displayed in Our stores, in Our promotional material, on Our Website, or any other form of communication to You, is accurate. 

  1. While We use Our best endeavours to ensure that the image representing the product, the features, descriptions and specifications pertaining to the product are correct, the actual product may be subject to variations in appearance as the packaging may differ over time, or colour representation in marketing material may depend on the medium on which the image is displayed. 

  1. In the event that We identify an inadvertent and obvious error in the product description, price, or image, We will not be obliged to provide the affected product to You. We will correct and notify you of any errors as soon as reasonably practicable. 

  1. We reserve the right to discontinue or change the specifications of our Products and Services from time to time without notice.

  1. Where a service is rendered by a third party, We may nevertheless invoice you for their services to ensure a single contact point and to ensure a smooth customer journey. However please note that when services are performed by a third party (even if We invoice you directly), We will not be liable for the obligations of a third party – You will only have a claim against the service provider directly.  

UPLOADING OF CONTENT TO THE WEBSITE

    1. In order to facilitate interaction between Users, the Website may offer certain services for uploading Content on the Website. For purposes of these Terms of Use “Content” is defined as anything submitted by the User from time to time on the Website, such as text, comments, pictures, photos, videos, or any other type of file regardless of its content or form.

  1. The User is responsible for anything that may occur in his/her name and from his/her computer terminal. The User undertakes to notify Decathlon immediately, in the event that he/she has reason to believe that his/her username or e-mail address is/or may be known by an unauthorized person. Decathlon accepts no responsibility/liability whatsoever should any claims arise as a result of the Use of personal data of a User by an unauthorized third party.

CONDUCT ON THE WEBSITE

  1. The User agrees when using the Website not to:

  1. commit any illegal act or violate any law, ordinance or regulation;

  2. remove or collect personal information of other Users of the Website by any means;

  3. retrieve, save or exploit any content for any purpose, without prior authorisation;

  4. Post Content that will give rise to any claims of infringement, invasion of privacy or publicity, or infringe on any rights and/or interests of any third party, or give rise to any claims whatsoever;

  5. Store, broadcast or publish any defamatory, unlawful, harmful, abusive, racist, hateful, revisionist, indecent Content or anything that may infringe on the intellectual property, proprietary rights or privacy rights of third parties.

  6. Store, distribute or publish any information revealing, directly or indirectly, political, philosophical or religious opinions, trade union membership, health condition or sexual orientation of any person, including himself/herself;

  7. Add content to the account of a third party;

  8. Do anything that could restrict or inhibit the use or enjoyment of this Website by any other person;

  9. Impersonate a third party and/or publish any personal information to a third party; and

  10. Store, distribute or publish any element that may infringe, directly or indirectly, the interests of Decathlon and/ or Decathlon Group and/or any other person.

  1. More generally, the User agrees to refrain from any behaviour that may be contrary to the values of Decathlon and/or Decathlon Group and/or sporting ethics.

GOODS ORDERED, PRICING AND AVAILABILITY

  1. The Website operates as a separate business unit to the Decathlon’s physical stores, therefore prices of products displayed on the website may differ from those displayed in store. All products are quoted in South African Rands and include VAT. Delivery costs are excluded from the price of products quoted on Our website and will be automatically calculated and added to your final basket amount due once you have chosen your method of delivery.

  1. Your contract of sale with Us is only complete once We have accepted and dispatched your order. You will receive a notification from us once Your order has been processed and accepted.

  1. We make use of a third-party courier to deliver any products and, as such, the delivery process is not entirely within Our control. While We use our best endeavours to ensure that a product is delivered within the lead time suggested on the Website, such a lead time is an estimate only. 

  1. It is Your responsibility to ensure that the personal information provided by You, including the delivery address, is correct. We are not responsible for deliveries to an incorrect address.

  1. All orders will be subject to availability of products.

  1. We may limit the quantity of any product that You are allowed to purchase, either in store or on Our Website during promotional offers. Any such limitations will be clearly specified. 

  1. We reserve the right to change displayed pricing, however you will be charged the displayed price unless there is an obvious and inadvertent error in the price.

  1. As soon as Your payment is validated, we will begin to arrange your order. Should we find that Your order is short in stock, we will notify You and you will be presented with the opportunity to choose between requesting a refund or choosing another item worth the same value as the item that has run out of stock.

  1. Goods ordered will be at Your own risk from the time of delivery or collection. Ownership of the items ordered will pass to you on delivery or collection provided that full payment for the products has been received by Decathlon.

  1. You are responsible to ensure that the Product received by you is the correct Product as selected or ordered. If you have received the incorrect product, you must notify us within 10 business days of you receiving the product to allow us to correct the error. You are entitled to cancel the transaction and receive a refund within the 10 business day period. 

INTELLECTUAL PROPERTY

  1. Content Posted on the Website

The Content posted on the Website is subject to property rights protected under intellectual property laws, including, inter alia, copyright, designs, trademarks, domain names, patents, know-how, software or database rights. Both Decathlon and the Decathlon Group and its partners retain ownership of all such Content displayed on the Website and any associated rights. Visit Website 

  1. Content posted by Users

  1. Any Content published by You on the Website may be subject to property rights, intellectual property rights, image rights or other rights. Such Content shall remain the property of the User, subject to the User granting Decathlon and the Decathlon Group a worldwide, non-exclusive, perpetual, royalty free, fully-paid and irrevocable license to use, publish, display, reproduce, modify, edit, sub-license or otherwise use the Content for the purposes forth in these Terms of Use. 

  2. You acknowledge, agree and warrant that You possess all necessary rights and authorizations to any Content published by You on the Website , By such a publication on the Website, Users are aware of potential liability as a publisher of content within the meaning of the law.

  3. Should You upload any Content in breach of clause 5.1.6, Decathlon shall terminate Your profile with immediate effect.

  4. By uploading any Content onto the Website, You accept that Your name may, from time to time, be associated with such Content.

LIMITATION OF LIABILITY

Limitation of Decathlon and Decathlon Group’s liability

  1. Access to and use of the Website is at the sole risk of the User. You accept that, from time to time, the Website may contain links to third party websites (“Third Party Links”). By clicking on these Third Party Links, You acknowledge that Decathlon and/or Decathlon Group cannot guarantee the contents thereof. In these circumstances, You agree to access these Third Party Links at Your own risk. Accordingly, Decathlon and/or Decathlon Group shall not be held liable for any damages resulting from any access to and/or use of third party websites via the Website including any information it may contain.

  1. The User hereby agrees and understands that, from time to time, Decathlon and/or Decathlon Group may have to temporarily suspend access to the Website for technical reasons, including, but not limited to maintenance. As such, You accept that these interruptions may occur from time to time, and waive any claim You may have in this regard.

  1. You hereby acknowledge the characteristics and limitations inherent with the Internet, which shall include, without limitation, to technologies regarding response time, technical performance, the risk of interruption and, more generally, any risk involved in the transmission of any Data. As such, Decathlon and/or Decathlon Group cannot be held liable for :

  1. Information available on the Website not posted by Decathlon and/or the Decathlon Group;

  2. Any malfunction of the network that may prevent the proper functioning of the Website;

  3. Loss of any Data;

  4. Any software malfunction;

  5. The consequences of any computer virus, computer bug, anomaly or failure; and

  6. Any damage to the User’s computer.

  1. Furthermore, Decathlon shall not be held liable for any Content that is edited/manipulated by any third party (including any or other user). 

  1. DECATHLON is not required to exercise prior control/scrutiny over the quality, safety, truth or accuracy of the Content posted by Users.

  1. We shall not be liable to You or any other person in contract, delict (including for negligence) or otherwise:

  1. For any amount in respect of any damage or loss arising from the consequences of Your Use of or reliance on the Website the Content or the services provided, viruses received by You via the Website or of Our failure to provide the Website; or

  2. for any economic losses or damages, any indirect, special or consequential loss (including (without limitation) loss of data, goodwill or reputation or any wasted expenditure) including but not limited to losses arising from Your Use of or reliance on the Website or through any viruses; or

  3. for any failure to perform Our obligations or failure to perform Our obligations properly as a result of Our being prevented from doing so by an event beyond Our reasonable control (which may include, without limitation, strikes; labour disputes; acts of God; war; riot; civil action; malicious acts or damage; compliance with any law, governmental or regulatory order, rule, regulation or direction; any act or omission of any government or other competent authority; accident; equipment or services failure, including the unavailability of third party telecommunications services, lines or other equipment; the failure of third party suppliers to comply with their obligations to Us; fire; flood or storm).

  4. Each provision of this clause operates separately. If any part is held by a court to become unenforceable due to voidness, invalidity, illegality or unlawfulness, , then the other parts shall be severable and shall still apply in their entirety.

  1. By using the Website, You agree to indemnify and hold harmless Decathlon and/or Decathlon Group for any damages, costs and expenses, direct and indirect, resulting from, without limitation:

  1. any third party claims relating to any Content posted by You on the Website;

  2. Any activity or participation on the Website by You which is contrary to these Terms of Use and/or Privacy Policy, including activities of a fraudulent nature; and

  3. any other violation of these Terms of Use not specifically mentioned herein.

  1. Decathlon alerts the User about the need to publish Content in accordance with the ethical values of sport and the Decathlon Group.

CONTROL OF CONTENT SUBMITTED BY THE USER

    1. Decathlon may terminate any registration and/or remove any profile and/or any Content or information posted on the Website, and prohibit the use and/or access to the Website, should the User breach any of these Terms of Use, at the sole discretion of Decathlon, or for technical reasons. This modification or deletion may occur immediately without prior notice or warning, at any time.

  1. You have the option to remove Content posted on the Website. To do so, You must file an application for withdrawal of the Content by email at the following address: [email protected] This request must be accompanied by identifying information of said Content. Decathlon cannot guarantee that the removal of Content from the Website will also result in its permanent deletion from all servers or the removal thereof from existing commercial communications. User acknowledges that Decathlon does not commit to the immediate removal of the content, taking into consideration the time needed to process the request and/ or technical or operational constraints.

DISPUTES

Any dispute arising from or in connection with these Terms of Use shall be governed by and interpreted in accordance with the laws of the Republic of South Africa.

GENERAL INFORMATION

  1. Decathlon’s information is as follows:

  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

  2. Main business: RETAIL OF SPORT GOODS

  3. Physical address for receipt of legal service (also postal and street address): Cnr Wedgewood Link Road, and William Nicol Drive, Bryanston, 2191

  4. Phone number: 0104937400

  5. Official email address: [email protected]