TERMS AND CONDITIONS OF USE

VERSION : JUNE 25, 2021

PREAMBLE

These terms of use concern the website www.decathlon.ch (hereinafter referred to as the "Site"). Their purpose is to define the terms and conditions of provision and use of the Site by the User (hereinafter referred to as "You"). The term "Use" refers to all operations carried out by the User upon access to the Site, including its simple consultation, whatever the access device (in particular, computer, tablet and Smartphone), the type of connection (private connection, third-party connection or public Wi-fi) and the place of connection.
The Site is operated by Decathlon Switzerland SA (hereinafter referred to as "we" or "us"), a public limited company with registered office at Route de Meyrin 171, 1214 Vernier, Switzerland. We belong to the "DECATHLON GROUP". This term refers to DECATHLON SA and all the companies in which it holds, directly or indirectly, at least 10% of the capital or voting rights (hereinafter referred to as "DECATHLON Subsidiaries" or "DECATHLON GROUP Companies").
Any connection to the Site is subject to compliance with these terms and conditions and implies that You accept them without reservation. By using the Site, You also agree to accept the following conditions:
-Our General Terms and Conditions of Sale which govern all purchases of products on the Site;
-Our Data Protection and Cookie Policy concerning all information submitted to Us via the Site and which may be collected during this operation in compliance with current legislation;
All these conditions can be consulted at any time on the Site. You can also print or download them at format PDF. They may be modified from time to time, but it is understood that the applicable conditions are those in force on the Site at the time You use it.

ARTICLE 1 - CONDITIONS OF USE OF THE SITE

To use this Site, You must be of legal age or have parental consent. We encourage any person responsible for a minor to monitor the minor's use of the Site. In addition, You may use the Site for business purposes or as part of an ancillary business activity.
It is Your responsibility to ensure that Your equipment (computer, laptop, netbook, tablet or other mobile device) meets all the specifications required to enable You to access and be compatible with the Site.
Access to the services offered by the Site is subject to the creation of an account requiring the disclosure of personal information concerning You in compliance with the Federal Data Protection Act. If You wish to access these services, You agree to provide accurate, complete and reliable information to enable Us to perform all of Our obligations. You also unreservedly accept that Your identification constitutes proof of Your identity.
If You choose or receive a login (such as a username, password or other identifier) as part of Our security procedures, You must treat such information as confidential and not disclose it to any other person. You are responsible for all activities that occur under Your Login ID. You must inform Us immediately of any unauthorized use or other breach of security of which You become aware.
We reserve the right not to confirm, suspend or remove any Login ID and/or prohibit use of and/or access to the Site, at any time, if We believe that You have not complied with these Site Terms of Use or if any information You have provided to Us for the purpose of registering as a User is false. We remind You that it is forbidden to usurp the identity of a third party, under penalty of criminal prosecution. Such modification or deletion may be made without prior notice, notification or warning, at any time and at Our sole discretion.
We cannot guarantee continuous, uninterrupted or error-free operation of the Site. There may be times (whether scheduled or not) when certain features, parts or content of the Site are unavailable or are modified, suspended or removed by Us, at Our sole discretion, without notice to You. You agree not to hold Us liable to You or to any third party for the unavailability, modification, suspension or removal of the Site, or any feature, part or content of the Site.

ARTICLE 2 - FUNCTIONS OFFERED BY THE SITE

You may only use the Site for non-commercial purposes and in accordance with the terms and conditions set forth. You may retrieve and display the contents of the Site on a computer screen, and print and copy individual pages. Additional terms may apply to certain features, parts or content of the Site. If they apply, they will be displayed on screen or accessible via a link.
The Site allows You :
Discover the products and services offered by the Decathlon Group;
-Make online purchases in accordance with the Site's General Terms and Conditions of Sale and current legislation;
Publish reviews of items sold by the Decathlon Group;
Publish photos and/or videos related to items sold by the Decathlon Group;
-Participate in the various games and competitions offered by the Site.
The list of features is provided for information purposes only. The Site reserves the right to add or remove features, temporarily or permanently, without being required to obtain Your prior consent.

ARTICLE 3 - BEHAVIOUR ON THE SITE

You must only use the Site and anything available on the Site for lawful purposes and in accordance with all applicable laws and regulations, in a responsible manner and in a manner that does not damage Our name or reputation or that of Our affiliates. In this regard, You agree not to:
extracting, recording or exploiting, for any purpose other than the sole purpose of displaying while browsing this Site, any third-party Content subject to intellectual property rights, relating to privacy, containing personal data or giving rise to image rights;
-harvest" or store Site Content on a server or other storage device connected to a network or create an electronic database by systematically downloading and storing all Site Content;
-delete or modify any Site content or attempt to circumvent the security of or interfere with the proper working of the Site or the servers on which it is hosted;
-create links to the Site from any other site without Our prior written consent. You may, however, refer to Us through a site that You publish, subject to the following conditions:
1) the link must not be misleading;
2) You state exactly what the link is for, and that this does not imply that We endorse the link, Your site, or the products or services You offer;
3) You do not replicate the home page of Our Site;
4) the linked website does not contain any content that is unlawful, threatening, abusive, defamatory, pornographic, obscene, vulgar, indecent, offensive or infringes the intellectual property rights or other rights of third parties
;
-to store, disseminate or publish any content that is illegal, harmful, abusive, racist, hateful, revisionist, immoral, invasive of privacy or of the private rights of third parties, in particular the right to the image of persons and property, intellectual property rights or the right to privacy belonging to third parties.
Any rights granted by these conditions shall terminate in the event of any breach thereof.

ARTICLE 4 - PUBLICATION OF CONTENT

4.1 - Content published by the site

We try to ensure that all information contained on the Site (other than User-generated content) is correct. However, it is not intended to be authoritative or to constitute advice on which reliance should be placed. Before acting on any information on the Site, please contact Us or use a relevant source of information. In addition, We may change format and the content of the Site from time to time. You therefore agree that use of the Site is on an "as is", "as available" basis and at your own risk.
We cannot guarantee the accuracy, completeness, timeliness, reliability, quality, interest or originality of any content on the Site and, to the fullest extent permitted by law, of any implied warranties, so any such conditions are hereby excluded and We accept no liability for any loss or damage of any kind incurred by You or any other person using the Site or relying on any of its content.
We cannot guarantee that any content on the Website is free from viruses and/or other code that may contain contaminating or destructive elements. It is therefore your responsibility to implement appropriate computer security safeguards (including anti-virus and other security controls) to meet your particular requirements for content security and reliability.

4.2 - Content published by the user

The Site allows You to leave Your customer review on a space called "user content zones".
You are responsible for the content that You publish and You acknowledge that the user content areas contain the opinions of those who have submitted them, and not Our points of view. The term "Content" refers to text left for review.
We would like to draw Your attention to the need to publish or share content that is relevant to the Product on which You wish to leave a review, and that is respectful and consistent with the ethics of sport and the values of the Decathlon Group.
Furthermore, if You participate in a user content area, You must not submit :
-any content that is illegal, threatening, abusive, defamatory, pornographic, obscene, vulgar, indecent, offensive or that infringes the intellectual property rights or other rights of third parties;
-content containing viruses and/or any other code containing contaminating or destructive elements;
-content containing any form of advertising;
-content using a false identity, disguising or falsely representing an affiliation with a person or entity.
You are responsible for everything that may happen on Your behalf and from Your computer, in particular in the event of publication of content on Our Site. You warrant that you have all the rights and authorizations required for such publication, in particular with regard to current legislation and rights to privacy, property, intellectual property, image and contracts.
In the event that You have reason to believe that Your username or e-mail address is, or may be, known by a person not authorized to use it, You agree to immediately notify the Site.

4.3 - Content removal

Although We do not pre-screen User Submissions, We reserve the right, at Our sole discretion, to remove or edit any content You submit to Us and/or close any discussion page, at any time and without notice to You.
You may also submit a request to remove content. It should be sent to [email protected] and must contain all the information required to process Your request, i.e. information enabling identification of the Content that is the subject of Your complaint.
We undertake to process any legitimate request as quickly as possible, without however being able to guarantee the immediate removal of the Content. You acknowledge that We may not be held liable in this respect, in particular due to the time required to process Your request, technical constraints or the material impossibility of responding, particularly in the event that the Content has been taken over by third parties.

ARTICLE 5 - EXTERNAL LINKS

The Site may, from time to time, include links to external sites. We include them to give You access to information, products or services that You may find useful or interesting. We are not responsible for the content of these sites or anything they provide, and do not guarantee that they will be available at all times. The fact that We include links to external sites does not imply any endorsement or association with their operators or promoters.

ARTICLE 6 - INTELLECTUAL PROPERTY RIGHTS

The general structure of the Site and all published Content (including text, graphics, software, photographs and other images, videos, sounds, trademarks and logos) are Our exclusive property or that of our licensors, who may be Group companies Decathlon and/or its partners. They are protected by intellectual property rights, in particular copyright and related rights linked to trademarks, designs, domain names, patents, know-how, software or databases.
Concerning the content of the Site, We grant You a non-exclusive and revocable license, limited to simple access, browsing and use related to the Site, without the right to grant a sub-license. This license does not grant You any other rights with respect to any intellectual property owned by Us or Our licensors. You acknowledge that You do not accept any ownership rights by uploading content to the Site, in particular any right of commercial exploitation of the Site Content.
Any representation and/or reproduction and/or use, in whole or in part, of the Content and/or the services offered by the Site or of the Site itself, by any process whatsoever, without the prior written authorization of the Publisher and/or the companies of the Decathlon Group and/or their partners, is strictly prohibited. In the event that You print, copy or store pages from the Website (subject to the terms and conditions only), You must ensure that all copyright, trademark or other intellectual property rights notices embedded in the original Content are reproduced.
With respect to Content that You post on the Site, You agree that by submitting Content to the area designated for such Content, You grant Us and our affiliates a perpetual, irrevocable, worldwide, non-exclusive, royalty-free right and license to: use, reproduce, represent, upload, perform, transmit, store, modify, adapt, publish, translate, create derivative works from, distribute, sublicense (including to affiliates, technical partners and other Site Users) and display the content (in whole or in part) that You have submitted to Us and/or incorporate it into other works in any form, media or technology
.
In addition, You accept that it may: be used by the Decathlon Group in certain commercial communications; be associated with Your name but that this association is not always made; be transmitted to third parties for the purposes of reviewing the product; automatically become public and freely accessible, in particular on the Internet and other sites and/or blogs and/or web pages of the Decathlon Group including in particular the pages of the social networks of the Decathlon Group sites where Users of the Decathlon Group sites may share content.

ARTICLE 7 - LIABILITY

Your use of the Site implies your knowledge and acceptance of the characteristics and limits of the technologies inherent in the Internet, in particular response times for consulting or querying the server hosting the Site, technical performance, risks of interruption and, more generally, data transmission.
Generally speaking, We cannot under any circumstances be held responsible for, and this list is not exhaustive:
-Any information consulted on the Site which has not been put online by Us;
-Any use of a User's personal data by an unauthorized third party;
-Any network malfunction preventing the Site from operating properly;
-loss of any data;
-Malfunction of any software;
-The consequences of any computer virus, bug, anomaly or failure;
-Any damage caused to the User's computer.
For Your part, by using the Site, You agree not to incur Our liability and to indemnify Us for any damages, costs and expenses, direct or indirect, arising from :
-A claim by a third party concerning any content submitted in Your name, in particular for infringement of property rights, for any defamation, insult or slander or for any press offence in connection with the elements sent or published on the Site;
-Any activity on the Site contrary to these terms and conditions, including fraudulent activity;
-Violation of these Terms of Use.

ARTICLE 8 - MISCELLANEOUS PROVISIONS

The present General Terms of Use 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 remain valid.
These General Terms of Use are governed by Swiss law.

ARTICLE 9 - CONTACT

You may submit any questions You may have about these conditions to Us using the customer form, by email to [email protected].
You may also write to Us at the following address: Decathlon Sports Switzerland SA, Route de Meyrin 171, 1214 Vernier, Switzerland.