GENERAL TERMS AND CONDITIONS

In these General Terms and Conditions, “Decathlon”, “Decathlon Hong Kong”, “we” or “us” means Decathlon Hong Kong Company Limited and “you”, “user” or “customer” means any person or entity which places an order with us and/or uses any functions on our website.

These General Terms and Conditions shall not be applicable to any persons or entities who/which are not dealing as consumers, which may include B2B members, persons who purchased the product(s) for purposes which do not correspond to reasonable individual or household needs (subject to the Assessment (as defined below)), companies, professionals, businesses, NGOs, clubs, schools or government bodies.

We may revise these General Terms and Conditions at any time and from time to time without prior notice. Revised versions of these General Terms and Conditions shall appear on our website and are rendered effective immediately. Continued placing an order with us or use of our website upon any such changes signifies your consent to or acceptance of such amendments.

To the fullest extent as permitted by the relevant laws and regulations, should any dispute, inconsistency or controversy arise, Decathlon Hong Kong retains the right to accept or refuse the request for refund or exchange, and this decision shall be final.

Your order will be fulfilled by the delivery date set out in the Order Confirmation or, if no delivery date is specified, then within 30 days after the date of the Order Confirmation, unless there are exceptional circumstances or Public Holidays. Business account orders are subject to individual approval, hence their delivery date may vary case by case.

Your order will be delivered to the delivery address within Hong Kong (subject to the restrictions in the paragraph below) you specify when placing your order, unless you opt (where available) to collect it from your local Decathlon store. A list of available delivery options will be displayed when you check out your order on Decathlon.com.hk. The options shown will vary based on the items in your basket, their size, weight, the destination address and the day & time when the order is confirmed. If you opt for Click & Collect at our stores, please take with you the order number and confirmation SMS or email, along with some form of identification with a picture (such as an ID card or a passport).

Orders cannot be delivered to PO Box, similar addresses or locations that require queuing up for pick up or delivery, such as the airport, restricted areas, warehouses, areas where trucks are prohibited, etc.. Products within the same order cannot be delivered to different addresses.

We offer a variety of couriers for product deliveries. It is not possible to specify a precise time at which a delivery will take place. Please note that the courier may require deliveries to be signed for.

Deliveries will be made to your door provided that there is a lift service to your premises. If no lift service is available at your premises, the courier will charge you an additional fee for each floor except the ground floor. For details of the additional fee, please contact the courier.

Subject to the terms herein,

Decathlon member: can return and seek refund (“Return & Refund”) or exchange the product(s) (“Exchange”) (individually or collectively, “Return”) which was/were purchased from Decathlon Hong Kong’s site (“Online Purchase”) or in Decathlon stores in Hong Kong (“In-Store Purchase”) for a period of time as determined by Decathlon at its sole and absolute discretion from time to time. For products purchased in the period from 1st October 2020 to a date to be determined by Decathlon at its sole and absolute discretion, such a period is indefinite (“Lifetime Return”); for products purchased on or before 30th September 2020, such a period is 365 calendar days (“365-Day Return”). The Return extends only to Decathlon members who have valid membership at the time of the purchase and are the first consumer purchasers of the products, and is not transferable. For the avoidance of doubt, the Return set forth hereinabove is not applicable to any products to which special terms and conditions in respect of Refund/Exchange and/or warranty apply.

Non-Decathlon member: can only request an Exchange in respect of product(s) which was/were purchased In-Store Purchase within 30 calendar days of the purchase (“30-Day Exchange”). For the avoidance of doubt, the 30-Day Exchange set forth hereinabove is not applicable to any products to which special terms and conditions in respect of Refund/Exchange and/or warranty apply.

Notwithstanding anything to the contrary, if there is any damage to our product delivered to you in case of an Online Purchase, regardless of whether you are a Decathlon member or Non-Decathlon member, you undertake to notify us of the damage in writing within twenty-four (24) hours from the time of delivery of the products failing which we may assume that there is no damage to the aforesaid product.

Subject to the foregoing, save where there is product quality issue, each product is allowed Refund/Exchange once only, such product for Refund/Exchange must be in a saleable condition. Further, the original packaging and labelling must be presented upon the Refund/Exchange. Our Decathlon team will carry out the assessment of the conditions of the product(s) in question (“Assessment”) and will reserve the right at its sole and absolute discretion to determine whether the requested Refund/Exchange can be accepted.

We will not accept any Return (Lifetime / 365-Day Return for Decathlon members and 30-Day Exchange for non-Decathlon members) for the following products:

• - Products that were/are obtained by you via Return unless a quality issue arises at the time of obtaining such products;
• - Perishable products, personal safety equipment and personalized products including but not limited to underwear, socks, footwear and swimwear;
• - Products that were/are used without paying due regard to the instructions and/or directions provided by the user manual or attached or affixed to the packing or the product itself (as the case may be);
• - Products that were/are damaged due to use for longer than service life or improper purpose
• - Products which exhibit material differences from their original condition; and
• - Products with unclean appearance.
• - Products which have been obtained by unlawful means; and
• - Food and beverage that passes the expiry, “use by” or “best before” date after the day of purchasing.

Without prejudice to the foregoing, neither Lifetime / 365-Day Return for Decathlon members nor 30-Day Exchange for non-Decathlon members apply to (i) consumable products or parts or products containing any parts or ingredients which are designed to diminish over time including but not limited to battery, wheels, strings on rackets and gases; (ii) cosmetic damage including but not limited to scratches, dents, cracks, broken plastic on ports or other cosmetic damage; (iii) damage caused by use with a third party component or product which is not certified by us; (iv) damage caused by accident, abuse, earthquake, fire, liquid contact, misuse or other external causes; (v) damage caused by unauthorised service or modification including but not limited to adjustment, alteration, commissioning, installation, maintenance or modification in any way by any person who is not authorised by us; and (vi) normal wear and tear or otherwise due to the normal ageing of the product(s).

(A) Subject to your entitlement, if you wish to process the Return & Refund in one of our stores, please identify whether the purchase is an In-Store Purchase or Online Purchase.

• - For In-Store Purchase(s), bring the product(s) you wish to return to any Decathlon stores in Hong Kong along with your Member ID and/or the proof of purchase (either a receipt or a formal invoice which identifies the product(s) unequivocally). If the purchase is made with a credit card, bring also the same card.
  In the event that you fail to produce and present the proof of purchase (either a receipt or a formal invoice which identifies the product(s) unequivocally) at the time of request for Return & Refund, we will not be able to process your request.


• - For Online Purchase(s), bring the product(s) you wish to return to any Decathlon stores in Hong Kong along with your Member ID or the email address or the phone number of your membership account used for the purchase.
  
  Based on the Assessment (subject to the limitations referred to in Refund/Exchange Eligibility Criteria), our Decathlon team will, at its sole and absolute discretion, determine whether the product(s) may be eligible for a refund. In case of an accepted Return & Refund, we will make the full refund of the purchase price through the same means of payment at the time of purchase of the returned product(s).

(B) Subject to your entitlement, if you wish to process the Return & Refund by courier to us the product(s) purchased from an Online Purchase:

• 1. Login to your Decathlon Account and apply for a refund.
• 2. Send the product(s) you wish to return in its original packing to one of our Decathlon stores in Hong Kong.
• 3. Based on the Assessment (subject to the limitations referred to in Refund/Exchange Eligibility Criteria), our Decathlon team will, at its sole and absolute discretion, determine whether the product(s) may be eligible for a refund. In case of an accepted Return & Refund, we will make the full refund of the purchase through the same means of payment at the time of purchase of the returned product(s). Where it becomes impossible or commercially impracticable to make the refund through the same means, such refund, shall, with regard to the then circumstances and at Decathlon’s sole and absolute discretion, be made through other suitable alternative means. The request for Return & Refund will be processed within two (2) to five (5) working days upon our receipt of the returned product(s).

IMPORTANT: In the event that Decathlon, after carrying out the Assessment, concludes that your Return & Refund request cannot be accepted, we will send you an email to inform you of the unsuccessful Return & Refund request (“Refusal Email”). We will keep the product(s) to which such request relates for two (2) weeks from the date of the Refusal Email for you to collect it. Where the product(s) is/are not yet collected from us within this two-week period, we reserve a right to levy a charge on the storage of the product(s) and you will be required to bear any costs incurred by us directly or indirectly arising from, in relation to or in connection with the late collection.

Decathlon members and non-Decathlon members may submit a request for an Exchange within the duration of the Return and 30-Day Exchange respectively. Both Decathlon and non-Decathlon members must follow the steps of the Exchange procedure listed below

• 1. Bring the product(s) you wish to Exchange to any Decathlon store in Hong Kong within 365 days (for Decathlon members) or 30 days (for non-Decathlon members) coupled with the proof of purchase (either receipt or a formal invoice which identifies the product(s) unequivocally).
  In the event that you fail to produce and present the proof of purchase (either a receipt or a formal invoice which identifies the product(s) unequivocally) at the time of request for Exchange, we will not be able to process your request.


• 2. Based on the Assessment (subject to the limitations referred to in Refund/Exchange Eligibility Criteria), our Decathlon team will, at its sole and absolute discretion, determine whether the product(s) may be eligible for an Exchange.


• 3. If we agree with the Exchange, we will exchange the product with a replacement product that is new or which has been reconditioned/refurbished or otherwise remanufactured from new or used parts and is functionally equivalent to the original product.

To the fullest extent permissible by the relevant laws and regulations, we shall not accept any Exchange request of product(s) by way of sending the product(s) to us by courier, even if you are a Decathlon member. In other words, any person who seeks to submit his/her Exchange request must visit any of our Decathlon Hong Kong stores.

If any provision of the Terms and Conditions is determined to be illegal, invalid or unenforceable, that provision will be deemed to be severed from the Terms and Conditions and will not cause the remainder of the Terms and Conditions to be illegal, invalid or unenforceable, and in lieu of such illegal, invalid or unenforceable provision, there will be added as part of the Terms and Conditions one or more provisions as similar in terms as may be legal, valid and enforceable under the applicable law.

The Terms and Conditions are prepared in English and Chinese. In case of conflict between the two versions, the former shall prevail.

Decathlon Hong Kong may, from time to time, allow you to upload user-generated content and may also allow you to communicate that content, either to selected recipients or in public areas, such as comments pages, chat rooms, message boards, and/or news groups (collectively “User Content Areas”). We do not control the material submitted to User Content Areas (collectively “User Submissions”), nor are User Content Areas actively moderated. You are solely responsible for the content of your User Submissions as submitted by you and acknowledge that all User Submissions express the views of their respective authors, and under no circumstances should any User Submission be taken as the view of Decathlon Hong Kong and/or its affiliates.

If you participate in any User Content Areas, you shall:-

• ● keep all User Submissions relevant to the purpose of the User Content Areas and the nature of any topic;
• ● not submit any User Submission that is unlawful, threatening, abusive, libellous, pornographic, obscene, vulgar, indecent or offensive or which infringes on the intellectual property rights or other rights of any third party;
• ● not submit any User Submission that contains any viruses and/or other code that has contaminating or destructive elements;
• ● not submit any User Submission containing any form of advertising; and
• ● not impersonate, or misrepresent an affiliation with, any person or entity.

You agree that, by submitting any User Submission, you grant us and our affiliates a perpetual, irrevocable, worldwide, non-exclusive, royalty-free and fully sub-licensable right and licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Submission (in whole or part) and/or to incorporate it in other works in any form, media or technology, and you waive any moral rights you may have in, or to be identified as the author, of such User Submission.

You agree that we can also pass on any User Submission to third parties for product reviewing purposes.

Whilst we do not pre-screen User Submissions, we reserve the right, in our sole discretion, to delete, edit or modify any User Submission submitted by you and/or to close any topic, at any time without notice to you.

Complaints about the content of any User Submission shall be sent to us by email via the page of CONTACT OUR TEAM on our website and shall contain details of the specific User Submission giving rise to the complaint.

1. We shall not be liable for any delay or failure to perform caused by or resulting from acts of God, fire, flood, accident, riot, war, government intervention, embargoes, strikes, labour difficulties, equipment failures or any other causes beyond our control.

2. You shall not assign, transfer or otherwise dispose of all or any of your rights and obligations under these General Terms and Conditions to any other third party without our prior written consent.

3. If any provisions of these General Terms and Conditions are construed to be illegal or invalid, they shall not affect the legality, validity and enforceability of the other provisions of these General Terms and Conditions. The illegal or invalid provision shall be deleted from these General Terms and Conditions and no longer incorporated herein but all other provisions of these General Terms and Conditions shall continue.

4. These General Terms and Conditions constitute the entire agreement between you and us with respect to the subject matter hereof and supersedes all other prior agreements and understandings, both written and oral, between the parties with respect to the subject matter hereof.

5. Notwithstanding anything to the contrary, for products to which special terms and conditions (if any) apply, these General Terms and Conditions shall comply with the special terms and conditions which shall prevail in case of any conflict or discrepancy between them.

6. No person other than you will have any right under the Contracts (Rights of Third Parties) Ordinance to enforce or enjoy the rights of any provisions of these General Terms and Conditions.

7. These General Terms and Conditions are prepared in English and Chinese. In case of any conflict or discrepancy between the two versions, the former shall prevail.

These General Terms and Conditions shall be governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region. Decathlon and you hereby irrevocably and unconditionally submits to the exclusive jurisdiction of the Hong Kong courts in any legal action or proceedings arising out of or in connection with these General Terms and Conditions.