PREAMBLE
These general terms and conditions of sale (hereinafter the "Terms and Conditions") are those of the website www.decathlon.ch (hereinafter "the Site") which belongs to Decathlon Sports Switzerland SA, a public limited company, CHE-106.127.042, whose registered office is located at Route de Meyrin 171, 1214 Vernier, Switzerland (hereinafter " Decathlon " and "We").
The General Terms and Conditions of Sale are entered into exclusively between Decathlon and any person (hereinafter the "User" and "You") who places an order for products and/or services on the Site or in store (including "Second Life" Products) (collectively the "Products"). For the purposes hereof, the User and Decathlon will be collectively referred to as the "Parties".
The User confirms that he/she is of legal age or has parental authorization and has the legal capacity to contract, enabling him/her to place an order on the Site or in a store. We reserve the right to ask to see an identity card in store.
By using the Site, You also agree to accept:
-Our Data Protection and Cookies Policy concerning all information submitted to Us via the Site and which may be collected during this operation in compliance with current legislation. This can be consulted on the following web page: Click here;
-Our General Conditions of Use of the Site, which can be viewed on the following web page: Click here;
The General Terms and Conditions of Sale applicable are those in force on the Site at the time of the order on the Site or in store, which may be subject to modification. They are accessible at all times on the Site and prevail over any other version or any other contradictory document. They are deemed accepted by the User as soon as they are published. You may print them out or download them at format PDF for future reference. You can also obtain a copy at the store reception desk.
The General Terms and Conditions of Sale are entered into exclusively between Decathlon and any person (hereinafter the "User" and "You") who places an order for products and/or services on the Site or in store (including "Second Life" Products) (collectively the "Products"). For the purposes hereof, the User and Decathlon will be collectively referred to as the "Parties".
The User confirms that he/she is of legal age or has parental authorization and has the legal capacity to contract, enabling him/her to place an order on the Site or in a store. We reserve the right to ask to see an identity card in store.
By using the Site, You also agree to accept:
-Our Data Protection and Cookies Policy concerning all information submitted to Us via the Site and which may be collected during this operation in compliance with current legislation. This can be consulted on the following web page: Click here;
-Our General Conditions of Use of the Site, which can be viewed on the following web page: Click here;
The General Terms and Conditions of Sale applicable are those in force on the Site at the time of the order on the Site or in store, which may be subject to modification. They are accessible at all times on the Site and prevail over any other version or any other contradictory document. They are deemed accepted by the User as soon as they are published. You may print them out or download them at format PDF for future reference. You can also obtain a copy at the store reception desk.
ARTICLE 1 - ORDERING ON THE SITE
To place an order on the Site, a customer account must first be created, in compliance with the Site's Terms of Use and current legislation on the processing of personal data. To register, the User is required to fill in all mandatory fields, including (but not limited to) his e-mail address and a password (hereinafter referred to as the "Identifiers"), in the registration form available on the following web page:
https://www.decathlon.ch/en/account/dashboard.
We cannot be held responsible for the non-receipt of an order or information in the event of the voluntary or involuntary transmission of incorrect data. Ordering on the Site then takes place in several stages: - You fill in your shopping cart, - You identify yourself using your Login and Password, - Choose your delivery method, - Choose your payment method, - You confirm Your agreement to the present terms and conditions when finally validating Your order, - You make Your payment request, - You receive an e-mail recording Your order. This does not mean that Your order has been accepted, but that You undertake to pay for Your order if We accept it. - You will receive an order validation e-mail. The order validation e-mail signifies the Site's acceptance of Your order and thus formalizes the sales contract between the Parties (which is still subject to cancellation, as indicated in art. 2). As soon as the order is ready for dispatch, Decathlon will send You a dispatch e-mail. Users who have chosen in-store delivery will receive an order availability e-mail.
https://www.decathlon.ch/en/account/dashboard.
We cannot be held responsible for the non-receipt of an order or information in the event of the voluntary or involuntary transmission of incorrect data. Ordering on the Site then takes place in several stages: - You fill in your shopping cart, - You identify yourself using your Login and Password, - Choose your delivery method, - Choose your payment method, - You confirm Your agreement to the present terms and conditions when finally validating Your order, - You make Your payment request, - You receive an e-mail recording Your order. This does not mean that Your order has been accepted, but that You undertake to pay for Your order if We accept it. - You will receive an order validation e-mail. The order validation e-mail signifies the Site's acceptance of Your order and thus formalizes the sales contract between the Parties (which is still subject to cancellation, as indicated in art. 2). As soon as the order is ready for dispatch, Decathlon will send You a dispatch e-mail. Users who have chosen in-store delivery will receive an order availability e-mail.
ARTICLE 2 - AVAILABILITY
We attach great importance to displaying availability as accurately as possible on the Site. However, due to production constraints, delays may occur. For this reason, all information concerning availability is given purely as an indication and may be modified at any time by Decathlon.
You are invited to consult the availability of the items sold, as well as any spare parts, on the information page for each Product.
In the event of an order for an item that proves to be unavailable, We reserve the right, even after acceptance of your order, to cancel the order, subject to notifying You by e-mail and proceeding with the refund.
In the case of an order for several Products, if one of the Products proves to be unavailable, We will inform You of the impossibility of dispatching it (said information being valid as cancellation of the sale for the unavailable Product only). The remainder of the order will be processed and dispatched to You within the timeframe announced on the Site or in an e-mail sent to the User in the event of delay. Subject to certain products, We may also offer to replace the unavailable item with a similar one of similar quality, with Your prior agreement. In this case, we will pay the shipping costs; however, if You exercise Your right to return the order after receiving the replacement item, You will be required to pay the shipping costs. You may, however, choose to cancel Your order before receiving it, provided that You inform our customer service department by telephone or e-mail. Customer Service will take all necessary steps to cancel Your order if possible.
You are invited to consult the availability of the items sold, as well as any spare parts, on the information page for each Product.
In the event of an order for an item that proves to be unavailable, We reserve the right, even after acceptance of your order, to cancel the order, subject to notifying You by e-mail and proceeding with the refund.
In the case of an order for several Products, if one of the Products proves to be unavailable, We will inform You of the impossibility of dispatching it (said information being valid as cancellation of the sale for the unavailable Product only). The remainder of the order will be processed and dispatched to You within the timeframe announced on the Site or in an e-mail sent to the User in the event of delay. Subject to certain products, We may also offer to replace the unavailable item with a similar one of similar quality, with Your prior agreement. In this case, we will pay the shipping costs; however, if You exercise Your right to return the order after receiving the replacement item, You will be required to pay the shipping costs. You may, however, choose to cancel Your order before receiving it, provided that You inform our customer service department by telephone or e-mail. Customer Service will take all necessary steps to cancel Your order if possible.
ARTICLE 3 - PRICES AND PAYMENT TERMS
3.1 - Displayed prices
The prices of Products (including "Second Life" Products) are those displayed on the Site (or, in the case of in-store purchases, those displayed in the store concerned). By default, they are indicated in Swiss francs and include all charges applicable in Switzerland. Any related taxes will be applied at the rate in force at the time of the order. Prices displayed on the Site are subject to change but will not affect an order on the Site that has already been accepted.
The prices of Products displayed on the Site do not include shipping costs, the price of certain packaging or the price of other optional services subscribed to by the User. The latter will be brought to Your attention on the summary screen before final validation of the order.
The Site allows You to view the prices of Products and services available on the Site only. Please note that the prices of Products mentioned on the Site may differ from those charged in stores. They may also vary from one store to another, depending on the commercial policy of each store. Product and service offers and prices in stores do not apply to purchases on the Site, and vice versa.
The site contains a large number of Products and it is always possible that, despite our efforts, some of the Products listed on the website may be associated with an incorrect price. However, We carefully check prices as part of our shipping procedures. Thus, when the correct price of a Product is lower than Our price indicated on the Site, We will charge You the lower amount.
The prices of Products displayed on the Site do not include shipping costs, the price of certain packaging or the price of other optional services subscribed to by the User. The latter will be brought to Your attention on the summary screen before final validation of the order.
The Site allows You to view the prices of Products and services available on the Site only. Please note that the prices of Products mentioned on the Site may differ from those charged in stores. They may also vary from one store to another, depending on the commercial policy of each store. Product and service offers and prices in stores do not apply to purchases on the Site, and vice versa.
The site contains a large number of Products and it is always possible that, despite our efforts, some of the Products listed on the website may be associated with an incorrect price. However, We carefully check prices as part of our shipping procedures. Thus, when the correct price of a Product is lower than Our price indicated on the Site, We will charge You the lower amount.
3.2 - Payment methods
The User can pay for his purchases by credit card (Visa, Mastercard, La Poste), his Paypal account or via the payment on invoice service (CembraPay).
Links to third-party services are not owned or controlled by Decathlon. We therefore have no control over, and assume no responsibility for, the content, privacy policies or practices of third-party services.
The User may also pay for purchases via Decathlon gift card or, solely on the Site, with the balance available on his/her customer account (e.g.: in the event of a product return, You choose to have a balance on Your account, rather than a refund).
Links to third-party services are not owned or controlled by Decathlon. We therefore have no control over, and assume no responsibility for, the content, privacy policies or practices of third-party services.
The User may also pay for purchases via Decathlon gift card or, solely on the Site, with the balance available on his/her customer account (e.g.: in the event of a product return, You choose to have a balance on Your account, rather than a refund).
3.2.1 - Payment by credit or debit card
If You choose to pay by credit card, Your bank account will be debited with the amount of the Products and services selected, once the order, or part of the order, is complete and awaiting shipment.
However, if We inform the card issuer that the order has been cancelled, the funds will be refunded directly to You.
Online payment transactions are subject to validation by Your card issuer. We are not responsible if Your card issuer refuses to authorize payment for any reason whatsoever. We would also like to draw Your attention to the fact that We are also not liable if Your card issuer charges You a processing or online processing fee.
However, if We inform the card issuer that the order has been cancelled, the funds will be refunded directly to You.
Online payment transactions are subject to validation by Your card issuer. We are not responsible if Your card issuer refuses to authorize payment for any reason whatsoever. We would also like to draw Your attention to the fact that We are also not liable if Your card issuer charges You a processing or online processing fee.
3.2.2 - "Payment on invoice" service
We offer You the possibility of benefiting from an alternative method of payment: "payment on invoice". This service, reserved for customers over the age of 18, enables You to purchase items and pay for them at a later date after placing the order. In principle, You are required to pay Your invoice in full within 20 days of receipt.
If You wish to return unwanted items, You have two options:
1) You have paid Your invoice: You can either return Your items to the store of Your choice in Switzerland, or by post. These items will either be reimbursed or exchanged in store, according to the terms and conditions set out in article 5.2.
2) You have not paid Your invoice: You can either return Your items to the store of Your choice in Switzerland, or by post. These items will then be deducted from Your invoice, but no new invoice will be issued.
In the case of payment by invoice, a claim is assigned to CembraPay AG.
When You use this service, Your purchase remains governed by these General Terms and Conditions. In particular, We remain responsible for general customer requests (e.g. delivery times, shipping, complaints, guarantees). The general terms and conditions of CembraPay AG also apply.. A credit check is carried out by Intrum AG.
If You wish to return unwanted items, You have two options:
1) You have paid Your invoice: You can either return Your items to the store of Your choice in Switzerland, or by post. These items will either be reimbursed or exchanged in store, according to the terms and conditions set out in article 5.2.
2) You have not paid Your invoice: You can either return Your items to the store of Your choice in Switzerland, or by post. These items will then be deducted from Your invoice, but no new invoice will be issued.
In the case of payment by invoice, a claim is assigned to CembraPay AG.
When You use this service, Your purchase remains governed by these General Terms and Conditions. In particular, We remain responsible for general customer requests (e.g. delivery times, shipping, complaints, guarantees). The general terms and conditions of CembraPay AG also apply.. A credit check is carried out by Intrum AG.
3.2.3 - Payment security
We guarantee the security of credit card payments by using a third-party company to process payments. Your bank details are retransmitted to this third-party company using the SSL (Secure Socket Layer) protocol encryption system. Consequently, at no time will Your data be transmitted on the Site's computer system or be brought to the knowledge of the Site or its staff.
In the event that You decide to store Your credit card details on the Site so that You do not have to re-enter the information when making a subsequent payment, We undertake to hold only one key which, combined with other information, ensures payment of the transaction. All Your credit card details are still held and processed by the third-party company.
In the case of anti-fraud controls, which aim to secure customer transactions, We may ask You to provide, by e-mail, one or more proofs of address and/or a copy of valid identity document(s), before validating Your order. The order will only be definitive once the Site has received these documents and after the confirmation e-mail has been sent. If these documents are not received, or if they do not make it possible to identify with certainty the identity of the person placing the order and the reality of his/her address, We reserve the right not to accept the order.
The Site also reserves the right to refuse an order if there is an ongoing dispute over payment or an abnormally high level of orders.
In order to prove the contractual relationship between us, orders are archived on a reliable medium. You can access this on the Site in the "My account" area. In the absence of proof to the contrary, Our computer records and those of our service providers are kept in conditions of security that comply with the law, and will constitute proof of all transactions between us. In any case, We recommend that You keep the order validation e-mail.
In the event that You decide to store Your credit card details on the Site so that You do not have to re-enter the information when making a subsequent payment, We undertake to hold only one key which, combined with other information, ensures payment of the transaction. All Your credit card details are still held and processed by the third-party company.
In the case of anti-fraud controls, which aim to secure customer transactions, We may ask You to provide, by e-mail, one or more proofs of address and/or a copy of valid identity document(s), before validating Your order. The order will only be definitive once the Site has received these documents and after the confirmation e-mail has been sent. If these documents are not received, or if they do not make it possible to identify with certainty the identity of the person placing the order and the reality of his/her address, We reserve the right not to accept the order.
The Site also reserves the right to refuse an order if there is an ongoing dispute over payment or an abnormally high level of orders.
In order to prove the contractual relationship between us, orders are archived on a reliable medium. You can access this on the Site in the "My account" area. In the absence of proof to the contrary, Our computer records and those of our service providers are kept in conditions of security that comply with the law, and will constitute proof of all transactions between us. In any case, We recommend that You keep the order validation e-mail.
ARTICLE 4 - RETENTION OF TITLE
We retain full ownership of the items purchased by you until you have fulfilled all your obligations, and in particular until full payment of the price, plus interest where applicable in the case of payment by invoice.
Decathlon reserves the right to register the reservation of ownership in any public register kept for this purpose. You agree to assist in any such action.
ARTICLE 5 - RIGHT OF RETURN
5.1 - Conditions of the right of return
If an order has already been paid for (for an unpaid order: see art. 3.2.2), You have 365 days from the date of receipt of the order to return it.
This return does not apply in particular to:
- for the purchase of perishable goods, such as foodstuffs.
- for the purchase of audio or video recordings, computer software, when they have been unsealed by the User.
- for the purchase of Products made to the consumer's specifications or clearly personalized.
- for damaged Products (subject to a guarantee in accordance with art. 7.2).
You are responsible for the return of the Products in accordance with the terms and conditions set out below.
This return does not apply in particular to:
- for the purchase of perishable goods, such as foodstuffs.
- for the purchase of audio or video recordings, computer software, when they have been unsealed by the User.
- for the purchase of Products made to the consumer's specifications or clearly personalized.
- for damaged Products (subject to a guarantee in accordance with art. 7.2).
You are responsible for the return of the Products in accordance with the terms and conditions set out below.
5.2 - How to return an order or an exchange
In the event of a return, reimbursement may be made by bank transfer or by a customer credit on Your account (for handling of shipping costs, see art. 5.3).
The refund of a "Seconde Vie" Product is equivalent to the price of the "Seconde Vie" Product purchased by the User.
In the case of an exchange, the refund will only be made by a customer credit on Your account (for the treatment of shipping costs, see art. 5.4).
You can go to "My account" => "Track my orders" to obtain a returns number enabling you to qualify the reason for the return.
You must return the goods to the following address:
DECATHLON, Champs-du-Port 2, 1425 Onnens (VD)
You can also return Your Product(s) to one of the DECATHLON stores of Your choice in Switzerland, or send the Product(s) back carefully packaged by post.
You are free to choose how to send Your Product(s) and whether or not to take out insurance in the event of loss, theft or destruction of Your package. We do not assume any of your expenses, nor the cost of transport, and We decline all responsibility in the event of non-receipt of Your package. The Site therefore advises Users to opt for tracked delivery. In general, all costs and risks related to the return of the Product are at Your expense.
Only Products returned complete, in perfect condition, in their original packaging and with a return number will be accepted. Otherwise, the return will be considered as non-compliant and will not be reimbursed or exchanged by the Site or Decathlon.
The refund of a "Seconde Vie" Product is equivalent to the price of the "Seconde Vie" Product purchased by the User.
In the case of an exchange, the refund will only be made by a customer credit on Your account (for the treatment of shipping costs, see art. 5.4).
You can go to "My account" => "Track my orders" to obtain a returns number enabling you to qualify the reason for the return.
You must return the goods to the following address:
DECATHLON, Champs-du-Port 2, 1425 Onnens (VD)
You can also return Your Product(s) to one of the DECATHLON stores of Your choice in Switzerland, or send the Product(s) back carefully packaged by post.
You are free to choose how to send Your Product(s) and whether or not to take out insurance in the event of loss, theft or destruction of Your package. We do not assume any of your expenses, nor the cost of transport, and We decline all responsibility in the event of non-receipt of Your package. The Site therefore advises Users to opt for tracked delivery. In general, all costs and risks related to the return of the Product are at Your expense.
Only Products returned complete, in perfect condition, in their original packaging and with a return number will be accepted. Otherwise, the return will be considered as non-compliant and will not be reimbursed or exchanged by the Site or Decathlon.
5.3 - Effects of restitution
Assuming that You comply with the returns procedure described above, the refund will be made within 14 days of the date of receipt of the Products by Decathlon. The refund date may be deferred until the Product has been recovered or, if Decathlon so wishes, until proof of shipment of the Product has been sent to Us.
In the event of payment by credit card, the refund will be made directly to the account linked to Your credit card.
In the case of an order for a "small parcel" product delivered to your home and a refund to a bank account:
No shipping costs will be reimbursed, as these were offered to You at the time of Your order. In the case of a home-delivered "large parcel" order and a refund to a bank account
No shipping costs (CHF 59.-) will be refunded.
In the case of "Click and Collect" in-store delivery and reimbursement in the form of a credit on the customer account:
Regardless of the value of Your order, and whether it is returned in full or in part, the cost of postage (one-way) is free of charge.
In all cases, the "return" shipping costs will always be at Your expense. We are not legally bound to reimburse You for additional delivery costs if You have chosen a delivery method that is more expensive than the standard method offered on the Site.
In the event of payment by credit card, the refund will be made directly to the account linked to Your credit card.
In the case of an order for a "small parcel" product delivered to your home and a refund to a bank account:
No shipping costs will be reimbursed, as these were offered to You at the time of Your order. In the case of a home-delivered "large parcel" order and a refund to a bank account
No shipping costs (CHF 59.-) will be refunded.
In the case of "Click and Collect" in-store delivery and reimbursement in the form of a credit on the customer account:
Regardless of the value of Your order, and whether it is returned in full or in part, the cost of postage (one-way) is free of charge.
In all cases, the "return" shipping costs will always be at Your expense. We are not legally bound to reimburse You for additional delivery costs if You have chosen a delivery method that is more expensive than the standard method offered on the Site.
5.4 - Effects of an exchange
In the event that You make a return with a request for a product exchange and a refund in the form of a credit on the customer account, the initial shipping costs of CHF 59.00 will also be credited to Your customer account.
ARTICLE 6 - DELIVERY
6.1 - Delivery times
Delivery or collection of ordered Products is agreed between the User and Decathlon. Normally, ordered Products are delivered / made available within the delivery period specified in the acceptance confirmation or, if no delivery date is specified in the acceptance confirmation, within a maximum of 60 days from the acceptance confirmation, barring exceptional circumstances. Normally, the delivery times stated on the confirmation of acceptance apply from the date on which the Products ordered by You leave our warehouse. You will be informed of the dispatch of Your order by e-mail.
If a Product cannot be delivered temporarily, the User will be informed. The User accepts that the delivery time cannot be guaranteed and that deliveries taking place up to 60 days after the date mentioned in the confirmation of acceptance are not considered late deliveries and do not give the User any right to refuse receipt of the Products, to terminate the contract, to claim compensation or to claim reimbursement of the purchase price. Decathlon excludes its liability for any acts of its auxiliaries, including the Post Office or an external carrier in charge of delivering the Product.
If a Product cannot be delivered temporarily, the User will be informed. The User accepts that the delivery time cannot be guaranteed and that deliveries taking place up to 60 days after the date mentioned in the confirmation of acceptance are not considered late deliveries and do not give the User any right to refuse receipt of the Products, to terminate the contract, to claim compensation or to claim reimbursement of the purchase price. Decathlon excludes its liability for any acts of its auxiliaries, including the Post Office or an external carrier in charge of delivering the Product.
6.2 - Place of delivery
Products can only be delivered in Switzerland, to the delivery address provided by You when placing Your order. You may also opt for delivery to the Collection Point of Your choice (insofar as it is offered by the Site and including in-store delivery), when placing the order on the Site.
Delivery is always made "on the sidewalk" and never to the door or upstairs. It is specified that the Post Office has the right to leave a parcel in the milk box if it remains there.
Delivery is always made "on the sidewalk" and never to the door or upstairs. It is specified that the Post Office has the right to leave a parcel in the milk box if it remains there.
6.3 - Control duty
As the transfer of risk to You takes place at the time of delivery, it is important that You take every precaution to ensure that You receive Your order at the address You have provided. You must also be vigilant as to the conformity of the good sold (difference between the Product received and the one ordered), as well as to the Product guarantees applicable under the present General Terms and Conditions of Sale. We therefore strongly encourage You to open the parcel in the presence of the carrier, to ensure that nothing has been damaged.
As Decathlon is no longer responsible for loss, damage, destruction or theft once the parcel has been delivered, please contact La Poste or another service provider directly within 7 days in the event of loss, damage, destruction and/or theft.
In the case of delivery to an address which is not a home address (e.g.: school, crèche, association, etc.), You acknowledge that the Site's service for the delivery of the order ends with the actual delivery to the address indicated in Your order, even though the product may be received by a third party.
In the case of delivery to certain areas which are difficult to access, delivery may be made by a carrier independent of the carrier used by the Site. This delivery may give rise to additional invoicing by this carrier, as the Site does not cover this extra cost.
Due to numerous losses at these addresses, we are unable to deliver to the premises of the Swiss Army.
As Decathlon is no longer responsible for loss, damage, destruction or theft once the parcel has been delivered, please contact La Poste or another service provider directly within 7 days in the event of loss, damage, destruction and/or theft.
In the case of delivery to an address which is not a home address (e.g.: school, crèche, association, etc.), You acknowledge that the Site's service for the delivery of the order ends with the actual delivery to the address indicated in Your order, even though the product may be received by a third party.
In the case of delivery to certain areas which are difficult to access, delivery may be made by a carrier independent of the carrier used by the Site. This delivery may give rise to additional invoicing by this carrier, as the Site does not cover this extra cost.
Due to numerous losses at these addresses, we are unable to deliver to the premises of the Swiss Army.
6.4 - Absence on delivery
In the case of delivery by post, and if You are absent at the time of delivery, You have seven (7) days to collect Your parcel from the location indicated in Your order tracking. After this period, the parcel will be returned to the Site. Upon receipt of the returned order at the warehouse, the Site will consider that You have cancelled Your order, which will give rise to a refund of the order amount after deduction of shipping costs (cf. art. 5.2).
For delivery by appointment (heavy and bulky products), the carrier will contact You directly to arrange a delivery time. In the event of absence from the agreed delivery time, You must notify Us at least five (5) days before the agreed delivery date. Failure to do so will result in the carrier invoicing You for additional services.
For delivery by appointment (heavy and bulky products), the carrier will contact You directly to arrange a delivery time. In the event of absence from the agreed delivery time, You must notify Us at least five (5) days before the agreed delivery date. Failure to do so will result in the carrier invoicing You for additional services.
6.5 - Collecting Click & Collect orders
If a User does not collect the Products ordered (from a Click & Collect point mentioned in the order confirmation) within 14 working days of the date agreed in the confirmation e-mail, Decathlon reserves the right to release the Product ordered for sale and/or to terminate the contract. After this 14-day period, Decathlon does not guarantee the availability of the Product ordered by the User.
For orders of Products reserved in-store, the User has a period of 48 working hours following the order confirmation e-mail to collect the Products from the chosen store. After this 48-hour period, Decathlon reserves the right to put the reserved Product back on sale and/or to cancel the contract. Consequently, Decathlon does not guarantee the availability of the Product reserved by the User after the 48-hour period.
For orders of Products reserved in-store, the User has a period of 48 working hours following the order confirmation e-mail to collect the Products from the chosen store. After this 48-hour period, Decathlon reserves the right to put the reserved Product back on sale and/or to cancel the contract. Consequently, Decathlon does not guarantee the availability of the Product reserved by the User after the 48-hour period.
ARTICLE 7 - WARRANTIES
7.1 - Product information on the Site
Although We make every effort to describe Products as accurately as possible through photographs and other images presented on the Site, the details (such as color, pattern and texture, etc.) that You see on the screen depend on Your monitor and, as such, do not accurately reflect the actual details of a Product when You receive it.
The difference on some products may also depend on production runs.
Any information on the Site concerning Product dimensions is included for guidance only. If You have any doubts about the size of any Product You require, We recommend that You contact Us before placing an order. We invite You to follow the instructions in the troubleshooting guides available on the Site and to carry out several tests on the material received.
Some Products sold on the Site are covered by a warranty longer than the legal two-year warranty. Please refer to the relevant product page. If you have any questions about after-sales services or Product warranties, please do not hesitate to contact us.
The difference on some products may also depend on production runs.
Any information on the Site concerning Product dimensions is included for guidance only. If You have any doubts about the size of any Product You require, We recommend that You contact Us before placing an order. We invite You to follow the instructions in the troubleshooting guides available on the Site and to carry out several tests on the material received.
Some Products sold on the Site are covered by a warranty longer than the legal two-year warranty. Please refer to the relevant product page. If you have any questions about after-sales services or Product warranties, please do not hesitate to contact us.
7.2 - New products and "Second Life" products
Products are considered new if they have not been used beforehand. If a Product has been unpacked before being put up for sale, this does not give the User any right to obtain any reduction or refund of the price or to cancel the contract. Any Product that has already been used by a customer is considered a "Second Life" Product.
7.3 - Legal warranty
Irrespective of any commercial warranty that may be granted to the User, Décathlon remains liable for defects in the goods sold in accordance with Articles 197 to 210 of the French Code of Obligations (CO), reproduced in part below.
Art. 197 CO: "The seller is obliged to guarantee the buyer both in respect of the promised qualities and in respect of defects which, materially or legally, deprive the item of either its value or its foreseen usefulness, or which diminish them to a significant extent. He is liable for these defects, even if he was unaware of them.
Art. 200 CO: "The seller is not liable for defects of which the buyer was aware at the time of sale. He is only liable for defects which the buyer should have noticed himself by examining the thing with sufficient care, if he has assured him that they did not exist."
We remind you that in the context of the legal warranty relating to defects :
- You must examine the Product as soon as possible and notify Us of any defects without delay;
- You must prove the existence of the defect and the time at which it existed;
- You have two years from delivery of the Product to take legal action;
These rules and duties apply insofar as they are not derogated from by article 7.6 below. You are also informed that the legal warranty of conformity applies independently of any commercial warranty that may have been granted. Furthermore, irrespective of any legal or commercial warranty that You may benefit from, We remain obliged to guarantee You against any lack of conformity of the goods sold in accordance with the Federal Product Liability Act.
Art. 197 CO: "The seller is obliged to guarantee the buyer both in respect of the promised qualities and in respect of defects which, materially or legally, deprive the item of either its value or its foreseen usefulness, or which diminish them to a significant extent. He is liable for these defects, even if he was unaware of them.
Art. 200 CO: "The seller is not liable for defects of which the buyer was aware at the time of sale. He is only liable for defects which the buyer should have noticed himself by examining the thing with sufficient care, if he has assured him that they did not exist."
We remind you that in the context of the legal warranty relating to defects :
- You must examine the Product as soon as possible and notify Us of any defects without delay;
- You must prove the existence of the defect and the time at which it existed;
- You have two years from delivery of the Product to take legal action;
These rules and duties apply insofar as they are not derogated from by article 7.6 below. You are also informed that the legal warranty of conformity applies independently of any commercial warranty that may have been granted. Furthermore, irrespective of any legal or commercial warranty that You may benefit from, We remain obliged to guarantee You against any lack of conformity of the goods sold in accordance with the Federal Product Liability Act.
7.4 - Commercial warranty
Certain products sold on the Site or in store may benefit from a commercial warranty, the duration of which is mentioned on the Product page of the items concerned, i.e. a longer warranty than that imposed by law.
In the event that the item You have ordered is covered by a commercial warranty, You will receive, at the time of delivery of Your order at the latest, a document specifying the content of the commercial warranty, its implementation procedures, its possible price, its duration, its territorial scope, as well as the name and address of the guarantor.
In the event that the item You have ordered is covered by a commercial warranty, You will receive, at the time of delivery of Your order at the latest, a document specifying the content of the commercial warranty, its implementation procedures, its possible price, its duration, its territorial scope, as well as the name and address of the guarantor.
7.5 - Defect not attributable to Decathlon
Any legal or commercial warranty will not apply in the event of problems caused by negligence, deterioration or inappropriate use of the Product, or defects or malfunctions which may be the consequence of incorrect installation or handling of the equipment.
7.6 - Warranty and after-sales service procedures
If Your Product proves to be defective during the legal or commercial warranty period, or if it does not conform to the order, You may make an after-sales service request to the Site.
To make a return to Decathlon, You must go to the "My account" section => Select Your order and click on "return".
Fill in the return form and send it to us. You can add several items to Your return request by clicking on the "Add an item" button.
We will send you a confirmation e-mail.
As part of the legal or commercial warranty, the Site offers You :
either to bring Your Product to a store of Your choice in Switzerland; return Your Product to the Site. If You choose to return Your Product to the Site, You must send this parcel to the address indicated on the return form (return costs are at Your expense). Once received at Our depot, We will inspect the parcel (allow 48 hours) and then respond to Your request (exchange with online voucher or refund).
This will provide You with a returns number.
It is hereby specified that all shipping costs for the Product, related to a return under a legal or commercial warranty, will be at Your exclusive expense.
Once the Product has been processed by the Site or the store concerned, which will check in particular whether the Product qualifies for the legal or commercial warranty, the Product will be repaired or, if You so wish, exchanged. All other warranty rights (in particular, any right to a reduction in price and any claim for damages) are expressly excluded.
If, however, the cause of the breakdown or defect falls within the scope of the legal or commercial warranty, but the Product is not repairable and cannot be exchanged for an identical or equivalent Product, the latter will be reimbursed in the form of a credit to Your customer account or a refund to Your bank account. In all cases, We will offer You the most appropriate solution (replacement of the defective part, replacement of the item or refund).
It is specified that You are free to choose the method of shipment of Your Product and whether or not to take out insurance in the event of loss, theft or destruction of Your parcel. The Site does not assume any of these costs and cannot be held responsible for the non-receipt of Your package. Finally, You are responsible for the way in which Your Product is packaged, which must be done in such a way that the Product can travel without risk of breakage or damage.
In the event of an abnormal or abusive return, or if You have not read and applied the instructions in the troubleshooting guides provided on the Site, the return will be considered as non-compliant and treated as such. In such a case, Decathlon assumes no responsibility for defects in the Product in question.
To make a return to Decathlon, You must go to the "My account" section => Select Your order and click on "return".
Fill in the return form and send it to us. You can add several items to Your return request by clicking on the "Add an item" button.
We will send you a confirmation e-mail.
As part of the legal or commercial warranty, the Site offers You :
either to bring Your Product to a store of Your choice in Switzerland; return Your Product to the Site. If You choose to return Your Product to the Site, You must send this parcel to the address indicated on the return form (return costs are at Your expense). Once received at Our depot, We will inspect the parcel (allow 48 hours) and then respond to Your request (exchange with online voucher or refund).
This will provide You with a returns number.
It is hereby specified that all shipping costs for the Product, related to a return under a legal or commercial warranty, will be at Your exclusive expense.
Once the Product has been processed by the Site or the store concerned, which will check in particular whether the Product qualifies for the legal or commercial warranty, the Product will be repaired or, if You so wish, exchanged. All other warranty rights (in particular, any right to a reduction in price and any claim for damages) are expressly excluded.
If, however, the cause of the breakdown or defect falls within the scope of the legal or commercial warranty, but the Product is not repairable and cannot be exchanged for an identical or equivalent Product, the latter will be reimbursed in the form of a credit to Your customer account or a refund to Your bank account. In all cases, We will offer You the most appropriate solution (replacement of the defective part, replacement of the item or refund).
It is specified that You are free to choose the method of shipment of Your Product and whether or not to take out insurance in the event of loss, theft or destruction of Your parcel. The Site does not assume any of these costs and cannot be held responsible for the non-receipt of Your package. Finally, You are responsible for the way in which Your Product is packaged, which must be done in such a way that the Product can travel without risk of breakage or damage.
In the event of an abnormal or abusive return, or if You have not read and applied the instructions in the troubleshooting guides provided on the Site, the return will be considered as non-compliant and treated as such. In such a case, Decathlon assumes no responsibility for defects in the Product in question.
ARTICLE 8 - LIABILITY
Nothing in these General Terms and Conditions of Sale shall limit or exclude Our liability for death or personal injury caused by Our negligence or for fraudulent misrepresentation or any other liability which, under applicable mandatory legal rules, cannot be limited or excluded. Subject to the foregoing and to what is stated in article 7, any liability of Decathlon for its own act or that of its auxiliaries is entirely excluded.
Furthermore and in general, We shall not be held liable under any circumstances, without this list being exhaustive:
any network malfunction preventing the proper operation of the Site ; the consequences of any computer virus, bug, anomaly or malfunction; any damage caused to the User's computer.
Furthermore and in general, We shall not be held liable under any circumstances, without this list being exhaustive:
any network malfunction preventing the proper operation of the Site ; the consequences of any computer virus, bug, anomaly or malfunction; any damage caused to the User's computer.
ARTICLE 9 - MISCELLANEOUS PROVISIONS
9.1 - Completeness
These General Terms and Conditions of Sale comprise all the clauses of which they are composed. They may not be modified without Our express written consent. Failure to invoke any of the clauses herein at a given time shall not constitute a waiver of the right to invoke the same clauses at a later time. In the event of the invalidity of one of these clauses, the other clauses shall remain valid.
If an article of the present General Terms and Conditions of Sale is declared null and void or ineffective by application of a law, regulation or following a final judicial or administrative decision, the other articles will retain their force and scope. We will replace the invalid article with another that is valid and similar in scope to the spirit of these Terms and Conditions.
You may not transfer or assign any of your rights or obligations under any contract. Any comments You send to Us concerning these General Terms and Conditions of Sale must be given in writing to the address shown at the end of these General Terms and Conditions of Sale. We may contact You, at Our discretion, via the e-mail or postal address provided by You when placing an order.
If an article of the present General Terms and Conditions of Sale is declared null and void or ineffective by application of a law, regulation or following a final judicial or administrative decision, the other articles will retain their force and scope. We will replace the invalid article with another that is valid and similar in scope to the spirit of these Terms and Conditions.
You may not transfer or assign any of your rights or obligations under any contract. Any comments You send to Us concerning these General Terms and Conditions of Sale must be given in writing to the address shown at the end of these General Terms and Conditions of Sale. We may contact You, at Our discretion, via the e-mail or postal address provided by You when placing an order.
9.2 - Sales contract between professional and consumer
These General Terms and Conditions of Sale are governed by Swiss law. The Parties expressly exclude the application of the Vienna Convention on the International Sale of Goods to their relationship. The place of jurisdiction in the event of a dispute shall be that of the User's domicile if the action is brought by Decathlon , and that of the User's domicile or that of Decathlon if the action is brought by the User.
9.3 - Sales contract between professionals
In the context of a business-to-business sales contract, the Parties expressly agree to submit this contract to Swiss law. The Parties expressly exclude the application of the Vienna Convention on the International Sale of Goods to their relationship. To this end, any dispute which has not been resolved amicably within 30 days of the request of the most diligent party shall be submitted exclusively to the competent local courts, notwithstanding multiple defendants and/or third-party claims. This applies even to emergency, conservatory or sequestration proceedings.
ARTICLE 10 - CUSTOMER RELATIONS CENTER
For any question or difficulty relating to a purchase made or to be made on the Site, You can contact Our customer relations center by :
-Internet : Contact
Postal address: Decathlon Sports Switzerland SA, Route de Meyrin 171, 1214 Vernier, Switzerland
If You already have a customer account You can go to the section "My account On our FAQ
-Internet : Contact
Postal address: Decathlon Sports Switzerland SA, Route de Meyrin 171, 1214 Vernier, Switzerland
If You already have a customer account You can go to the section "My account On our FAQ