GENERAL TERMS AND CONDITIONS OF SALE

    Website: www.decathlon.ie

    Version: February 2018

     

    RECITALS
    1: ORDERS
    2: AVAILABILITY
    3: PRICE AND PAYMENT METHODS
    4: RETENTION OF TITLE
    5: CANCELLATION
    6: DELIVERY
    7: WARRANTIES
    8: LIABILITY
    9: MISCELLANEOUS PROVISIONS
    10: CUSTOMER RELATIONS CENTRE

     

    Recitals


    These general terms and conditions of sale apply to the www.decathlon.ie website (the “Website”), which belongs to Decathlon Sports Ireland ltd whose registered office is at 51 Bracken Road, Sandyford D18 CV 48 Dublin Ireland, Company number 589659(“Decathlon”, “We” or “Us”).


    VAT NUMBER: IE 3453760 HH


    The general terms and conditions of sale (the “General Terms and Conditions of Sale”) are entered into exclusively between Decathlon and any person who orders products and/or services (collectively, the “Products”) on the Website (the “User” or “You”). For the purposes hereof, the User and Decathlon are jointly referred to as the “Parties”.

    The User confirms that he/she is of full age or has received parental permission and has the legal capacity to enter into a contract and to place an order on the Website.

    By using the Website, You also accept:

    • Our Data Protection and Cookies Policy which applies to all information submitted to Us via the Website and which may be collected during that operation under prevailing laws. The policy may be accessed on the following internet page: https://www.decathlon.ie/personal-data-and-cookies;
    • Our General Terms and Conditions of Use for the Website may be accessed on the following internet page: https://www.decathlon.ie/general-terms-of-use;

    The applicable terms and conditions are those applicable on the Website on the date on which the order is placed on the Website. These terms and conditions may be amended. They may be accessed from the Website at any time and prevail over any other version or any other conflicting document. You have the option of printing it so that You may refer to it at a later date.

     

    1: ORDERS


    The placing of an order on the Website first requires the creation of a customer account in accordance with the Website’s Terms and Conditions of Use and pursuant to the prevailing laws on the processing of personal data. In order to register, Users are required to complete all mandatory fields, including but not limited to their email address and a password (the “Credentials”), on the registration form available on the following page of the Website: https://www.decathlon.ie/customer/account/create . We shall not be held liable if We do not receive an order or if We are sent incorrect information, whether intentionally or unintentionally.

    There are several stages to placing an order on the Website:

    • You fill your Product basket,

    • You identify yourself using your Credentials,

    • You choose your delivery method,

    • You choose your payment method,

    • You confirm that You consent to these terms and conditions when You finally confirm your order,

    • You make your payment request,

    • You receive an email from the Website acknowledging that your order has been received, which does not mean that your order has been accepted, but means that You agree to pay for your order if We accept it.

    • You will receive an e-mail from the Website confirming your order. Generation of an order confirmation e-mail means that the Website has accepted your order, which will then form the sales contract between the Parties.

     

    2: AVAILABILITY


    Our Product and price offers apply for as long as they remain visible on the Website, except when special offers are available, in which case the validity period will be stipulated on the Website. You are advised to check the availability of items and, where appropriate, spare parts, on the relevant Product information page.

    If an item ordered is not available, We reserve the right to cancel the order, in which case You will be notified by email, and apply a refund.

    If You place an order for several Products and one of those Products is unavailable, We will inform You that We are unable to send that Product. The rest of the order will be processed and dispatched to You by the deadline specified on the Website. We may also offer to replace the unavailable item with a similar item of a similar quality, with your prior agreement. In these circumstances, if You exercise your right to cancel the order after receiving the replacement item, You will be liable to pay the postage costs. You may, however, immediately opt to cancel your entire order, in which case You must inform the Customer Service department by phone or e-mail.

     

    3: PRICE AND PAYMENT METHODS


    3.1 – Displayed prices

    The prices of products are those displayed on the Website. They are stated in Euros including all applicable charge in the Republic of Ireland. Any relevant tax is applied at the rate applicable on the order date. The prices displayed on the Website may change but shall have no effect on orders that have already been accepted.

    Product prices displayed on the Website exclude postage/shipping, the cost of certain packaging and other optional services selected by the Internet User, for which there will be an additional charge. Any additional charges will be included in the summary of your order, displayed on-screen before the order is finally confirmed.

    The website contains a large number of Products and it may be the case, despite our best efforts, that certain Products listed on the Website are incorrectly priced. We generally check prices as part of our shipping procedures so that, where the correct price of a Product is lower than the price displayed, We invoice You for the lower amount.

    3.2 - Payment methods

    Users may pay for their purchases by debit or credit card (Visa or Mastercard) or by PayPal.

    Users may also pay for their Products using a Decathlon gift card or Store credit from your account.

    3.2.1 Payment by debit or credit card

    Where You choose to pay by debit card, the price of your selected Products and services will be debited from your bank account once your order, or the part of the order which You have asked to be dispatched separately, is complete and ready to be dispatched.

    During the payment transaction process, We ask the card issuer to block the amount of any order before the first item is selected. That means that, even if You order an item, it will seem that You have been invoiced for it but, if We notify the card issuer that the order has been cancelled, the funds will be immediately refunded.

    Online payment transactions are put through validation systems by your card issuer. We are not liable if your card issuer refuses to authorise payment for any reason whatsoever. We draw your attention to the fact that your card issuer may charge You processing or online processing fees. We are not responsible for such fees.

    3.2.2 Payment security

    We guarantee the security of card payments by engaging a third party company to process payments. Your bank details are forwarded to this company using the Secure Socket Layer (SSL) protocol, with the result that they do not pass through the Website’s IT system at any time, and are not accessible by the Website or its employees.

    If You decide to store the details of your bank card on the Website so that You do not have to re-enter the information when You make a subsequent payment, We undertake to only hold a key which, in conjunction with other information, allows You to pay for the transaction, while the details of your bank card continue to be stored and processed by the third party company.

    If an anti-fraud check is carried out to ensure the security of customer transactions, We may ask You to provide one or more documents containing proof of your address and/or a copy of a valid identity card(s) by email, before your order is confirmed. Your order will only be final once the Website has received these documents and issued a confirmation e-mail. In the absence of these documents or if the documents do not adequately establish your identity and address, We reserve the right to reject the order.

    The Website also reserves the right to refuse an order in the event of an ongoing payment dispute or an unusually large order.

    In order to evidence the contractual relationships We have entered into, orders are stored on a reliable medium. You may access orders You have placed on the Website by going to ‘My account’. In the absence of proof to the contrary, our electronic databases and those of our service providers that are kept under adequate security conditions will constitute proof of all transactions entered into between us. In any event, We recommend that You save the order confirmation email.

     

    4: RETENTION OF TITLE


    We will retain full title to items purchased by You until You have fulfilled all your obligations, particularly by paying the full price of the order, plus interest where applicable.

     

    5: CANCELLATION


    5.1 Right to cancel

    You have a period of 14 clear days from receipt of your order in which to cancel.

    This cancellation period does not apply to:

    • purchases of perishables such as foodstuffs.
    • purchases of audio or video recordings and computer software applications that You have unwrapped.
    • purchases of Products made to the customer's specifications or that are clearly personalized.


    The right to cancel will be exercised at your expense, in accordance with the terms and conditions below.


    5.2 Exercising the right to cancel

    Go to ‘My account’ and click on ‘Track my orders’ to obtain a return number identifying the reason for the return.

    You may also notify your decision to cancel this contract by sending a clear, unambiguous notification to the following address:


    - by post: Decathlon Sports Ireland 51 Bracken Road Sandyford D18 CV48 Dublin

    - by contacting us via the website: https://www.decathlon.ie/contact-us

     

    You must return the Product to the following address: Decathlon Belfast - Online Return Hollywood Exchange Retail Park  Airport Rd W Belfast BT3 9EJ.

    If You need to return a product, You must package the relevant item carefully and enclose the return number(s) in the package, either by printing them off the website or copying them onto plain paper (if You wish to follow the returns procedure detailed on the Website).

    You may choose how to return your item and whether You wish to take out insurance for loss, theft or destruction of your parcel. We do not cover any of your expenses or postage/shipping costs and will not be liable if We do not receive your parcel. The Website advises Users to send parcels tracked. Generally, all costs and risks arising in connection with returns are to be borne by You.

    Only returned items that are complete, in perfect condition, in their original packaging and accompanied by a return number shall be accepted. Otherwise, the return will be deemed non-compliant and You will not receive a refund from Decathlon.

     

    5.3 Effects of cancellation

    If You follow the returns procedure described above, You will be refunded within 14 days of the date on which Decathlon receives the returned items. This repayment date may be deferred until the earlier of the date on which We receive the Product and the date on which proof of delivery for the Product is sent to Us.

    For payments made by bank card, repayment will be made directly to the account connected to your bank card.

    If only part of an order is returned, We will refund postage/shipping costs (one way) in proportion to the total amount of the order. If an entire order is returned, We will refund to the customer all postage costs paid when the order was placed. We are not legally required to refund You for additional delivery costs if You choose a more expensive delivery method than the standard method offered on the Website.

     

    6: DELIVERY


    6.1 - Delivery deadline

    Your order will be delivered on the delivery date specified on the order confirmation or, where no delivery date is specified, within 30 days of the order confirmation, save in exceptional circumstances. The delivery time given on the Website begins on the date on which the products You have ordered are dispatched from our warehouse. You will be sent an e-mail confirming that your order has been dispatched.

     

    6.2 - Place of delivery

    Products will only be delivered in the Republic of Ireland to the delivery address specified by You when You place your order.

    The transfer of risks to You takes place on delivery. It is important that You take all precautions to ensure that your order is received at the address specified by You and that the goods correspond to your order, as set out in the warranties granted by the Website. We strongly encourage You to open parcels in the carrier’s presence to ensure that no item is damaged.

    Where a delivery is to be made to a multi-occupancy address, You acknowledge that the order delivery service provided by the carrier is to the multi-occupancy address stipulated in your order, meaning that a delivery may be received by a third party. A “multi-occupancy” address is an address of an establishment such as a school, crèche or association.

    Deliveries to certain areas that are not easily accessible will be made to the nearest coastal centre. You should then arrange for the order to be delivered to You by a carrier that is different from the carrier used by the Website. This delivery may be subject to an additional charge by the carrier, which will not be borne by the Website.

    We are unable to deliver to military premises owing to the large number of items that have gone missing.

    We strongly encourage You to open parcels in the carrier’s presence to ensure that no item is damaged.

     

    6.3 - Customer not present for delivery

    If You are unable to take delivery of items delivered by post, You will have a period of fifteen (15) days in which to collect the parcel from the place specified on the order tracking service. Thereafter, the parcel will be returned to the Website. Once the returned order is received at the warehouse, You will be deemed by the Website to have cancelled your order, and You will be refunded the amount of the order after deduction of delivery costs.

    For deliveries by appointment (heavy or large Products), the carrier will contact You directly to arrange a delivery time. You must notify Us at least five (5) days prior to the agreed delivery date if You will not be available at the agreed delivery time. If You fail to do so, additional charges will be applied by the carrier.

     

    7: WARRANTIES


    7.1 - Product Information

    Although We take reasonable steps to describe the Products as accurately as possible, using the photographs and other images displayed on the Website, the details (such as the colour, design and texture, etc.) that You see on the screen depend on your monitor and, accordingly, do not exactly reflect the actual details of a Product that You receive.

    Any information on the Website about a Product’s dimensions is included solely for information purposes. If You have any doubts about the size of any Product You need, We recommend that You contact Us before placing an order.

    We invite You to follow the instructions in the help guides available on the Website and to conduct several tests on the equipment received. Certain Products sold on the Website are covered by a sales warranty for the term specified on the relevant Product’s information web page and the information that comes with the actual Product. Please contact us if You have any questions on a Product’s after-sales care or warranty.

     

    7.2 – Statutory warranty

    Separately from any commercial warranty provided to Users, Decathlon remains liable for defects in sold Products under the legal warranty.

    We remind You that, under the statutory warranty on product defects:

    • You are required to demonstrate the existence of the defect and the time at which it came into existence;

    • You have a period of six years from delivery of the Product in which to take action;

    • You may choose between a replacement item, a price reduction or cancellation of the agreement;

     

    Please also note that the statutory warranty on product conformity applies separately from any commercial warranty that is offered.

     

    7.3 - Sales Warranty

    Certain items sold on the Website may be covered by a sales warranty for the term stipulated on the relevant Product page.

    If the item ordered by You is covered by a sales warranty, You will receive, at the latest when the order is delivered, a document detailing the contents of the sales warranty, how it works, the cost, duration, territorial scope, and the name and address of the warranty company.

    This warranty does not cover problems caused by negligence, damage or inappropriate use of the item, or defects and problems that can only be caused by incorrect installation or handling of the equipment.

     

    7.4 - Procedure for exercising warranties/after-sales services

    If your Product proves to be defective during the statutory or commercial warranty period, or does not conform to the order, You should contact the Website’s After-Sales Department.

    In order to return an item to Decathlon, You should go to ‘My account’, click on ‘Track my orders’ and specify the problems or malfunctions encountered with the relevant Product(s). You will then be provided with a returns number.

    Under the warranty, the Site offers you two choices:

    • return your Product to the Website: Decathlon Sports Ireland 51 Bracken Road Sandyford D18 CV48 Dublin

    Postage/shipping costs must be paid as provided for by law, regardless of the solution You have chosen. However, You are solely liable for all product postage/shipping costs relating to a return under a sales warranty.

    Once the Product has been processed by the Website, which will check whether it is covered by the legal or sales warranty, the Product will be repaired or exchanged.

    If the cause of the problem is covered by the legal or sales warranty and the Product is irreparable and cannot be exchanged for an identical or equivalent Product, You will be given a credit note or a refund. In all cases, We will suggest the most appropriate solution (replacement of the faulty part, replacement of the item or reimbursement).

    If an item is returned inappropriately or 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 items that are returned without a returns number will be systematically processed as non-compliant returns.

    You are reminded that You may choose how to return your item and whether You wish to take out insurance for loss, theft or destruction of your parcel. The Website does not cover any of these expenses and will not be liable if your parcel is not received. Lastly, You are responsible for packaging your Product to ensure that there is no risk of damage or deterioration in transit.

     

    8: LIABILITY


    Nothing in these conditions limits or excludes our liability for death or personal injury caused by our negligence or for a fraudulent declaration or any other liability that, under applicable prevailing laws, may not be limited or excluded.

    Subject to the foregoing, if You are a consumer and not a professional user, in no circumstances shall We be liable for your commercial losses and, if You are a professional user, in no circumstances shall We be liable for any indirect losses, consequential losses, loss of profit, income, contracts, data, goodwill or other similar losses, and any liability We may have in respect of your losses shall be strictly limited to losses that are reasonably foreseeable.

    In general terms and without limitation, in no circumstances may We be held liable for:

    - any network malfunction that disrupts the Website;

    - the consequences of any computer virus, bug, problem or fault; or

    - any damage caused to a User’s computer.

     

    9: MISCELLANEOUS PROVISIONS


    9.1 - Entire Agreement

    These General Terms and Conditions of Sale comprise all the clauses herein. They may not be amended without our written explicit consent. If We choose not to enforce any of the clauses of these terms and conditions at any time, We shall not be deemed to have waived our right to subsequently rely on those clauses. If any clause is held to be invalid, the other clauses shall remain valid.

    Should any provision of these terms and conditions be held to be null or void pursuant to a law or regulation or following a final judicial or administrative decision, the other provisions hereof shall remain in full force and effect. We will replace the provision at issue with a valid provision that has a scope similar to the spirit of these terms and conditions.  

    You may not transfer or assign any of your rights or obligations under any agreement. Any comments that You send Us on these general terms and conditions of sale must be sent in writing to the address stated at the end of these general terms and conditions. We may contact You either via email or by using the postal address that You gave Us when You placed your order.

     

    9.2 Sales agreement between a business and a consumer

    These General Terms and Conditions of Sale shall be governed by Irish law. The competent court in the event of a dispute will be the court with jurisdiction over the defendant's address or, at the claimant's choice, the place where the Product was delivered. You are informed that, in the event of a dispute, You may use any other alternative dispute resolution method.

     

    9.3 Sales agreement between businesses

    In connection with a business-to-business sales contract, the Parties expressly agree that this agreement shall be governed by Irish law. The Parties expressly agree that the Vienna Convention on Contracts for the International Sale of Goods shall not apply to their relationship. Accordingly, any dispute that is not resolved amicably will be referred to the exclusive jurisdiction of the competent local courts, even in the event of multiple defendants and/or if a third party is joined to the proceedings, even for urgent proceedings or protective proceedings brought on an urgent application or an ex parte application.

     

    9.4 Language

    The present contract is concluded in English.

     

    10: CUSTOMER RELATIONS CENTRE


    Should You have any questions or issues concerning a purchase made or to be made via the Website, please contact the Customer Relations Centre:

    - by telephone between 9 a.m. and 5:30 p.m. from Monday to Friday, excluding public holidays: 0877930680

    - by Email: customer.experience.team@decathlon.com

    - by post: Decathlon Sports Ireland 51 Bracken Road Sandyford D18 CV48 Dublin- If You already have a customer account on the Website, You can go to the ‘My account’ page