TERMS AND CONDITIONS OF DECATHLON HONG KONG’S MEMBERSHIP AND PRODUCTS

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

“Our website” means the website on www.decathlon.com.hk and any Decathlon’s applications for mobile devices and any other devices as Decathlon may deem fit.

“Hong Kong” means the Hong Kong Special Administrative Region of the People’s Republic of China.

In these Terms and Conditions unless the context otherwise requires:-

  1. (a) the singular includes the plural and vice versa and reference to any gender includes all genders;
  2. (b) headings are for convenience and do not affect the interpretation;
  3. (c) reference to the law shall be construed as a reference:-
    1. (i) to any statute or provision as from time to time enacted, amended, modified or re­enacted;
    2. (ii) to any statute or statutory provision which has not yet been repealed, amended, modified or re­ enacted at the time of execution of these Terms and Conditions; and
    3. (iii) to any orders, regulations, instruments or other subordinate legislation made under any statute or statutory provision.
  1. (d) a person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality) and that person’s legal and personal representatives, successors and permitted assigns.
  2. (e) references to writing include any modes of reproducing words in a legible and non-transitory form.
  3. (f) references to times of the day are to that time in Hong Kong.
  4. (g) general words introduced by the word "other" shall not be given a restrictive meaning by reason of the fact that they are preceded by words indicating a particular class of acts, matters or things.
  5. (h) general words shall not be given a restrictive meaning by reason of the fact that they are followed by particular examples intended to be embraced by the general words.
  6. (i) the words “including”, “includes” and “for example” shall be deemed to be followed by the words “ without limitation”.

Any provisions in Part One or Two of these Terms and Conditions shall not be applicable to any persons or entities who/which are not dealing with use for personal and non-commercial use solely that includes 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 Terms and Conditions at any time and from time to time without prior notice. Revised versions of these Terms and Conditions shall appear on our website and are rendered effective immediately. Continued maintaining any membership programme of Decathlon HK 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 HK’s decision whether to accept or refuse any request for refund or exchange shall be final.

PART ONE: DECATHLON HONG KONG’S MEMBERSHIP PROGRAMME FOR PERSONAL AND NON-COMMERCIAL USE

A User Membership programme has been set up by Decathlon HK.

The User Membership programme is offered to all users who can provide a valid email address, hereinafter referred to as the "Cardholder", "Member" or “you”.

On presentation of the Decathlon Virtual Card/Membership Number, the User Membership programme is valid for any purchase made online or in the store:

In all Decathlon stores in Hong Kong, where Decathlon’s passion brand is present and the User Membership programme is applied on www.decathlon.com.hk and any Decathlon’s applications for mobile devices and any other devices as Decathlon may deem fit.

The Decathlon Membership and Decathlon Virtual Card is free of charge.

DEFINITIONS

In these terms and conditions the following definitions apply:

Membership Programme means Decathlon’s User Membership programme under which a Member will be issued a Decathlon Virtual card;

Decathlon Card means a card issued to a Decathlon User that has successfully registered to the User Membership Programme; Decathlon Members will receive Virtual card which is a digital format Decathlon Card.

1 – Terms and conditions of use

1.1 These terms and conditions of use set forth the conditions upon which Decathlon administers its User Membership Programme. By agreeing to participate in the User Membership Programme the cardholder accepts the terms and conditions set out in this document.

1.2 These terms and conditions of use are available online at www.decathlon.hk.

1.3 All User Membership Programme cardholders must provide his/her email address for registration.

1.4 Cardholders of the User Membership Programme must keep Decathlon updated of any personal detail changes. Decathlon cannot be held responsible for any loss incurred by inaccurate personal detail. Cardholders should ensure that any name or address changes are reported via one of the following methods:

By logging in to the cardholder’s account on www.decathlon.com.hk and any Decathlon’s applications for mobile devices and any other devices as Decathlon may deem fit;

By sending an email to customer@decathlon.com

1.5 The User Decathlon Card, and/or Virtual card and/or any benefit conferred by such card is not transferable, cannot be sold, bought, traded and/or copied in any way and can only be used by the cardholder who is named and registered as the User Decathlon Card holder.

1.6 Decathlon Virtual card remains the responsibility of the User Membership Programme cardholder, as do any security details relating to the account. Decathlon cannot be held responsible for any loss arising from the cardholder failing to ensure the safe-keeping of these items.

1.7 Decathlon may, at any time, decline to issue, withdraw, suspend or terminate any Decathlon Card and/or Virtual Card in whatever form, and/or suspend or terminate any Decathlon Membership (as the case may be) if in the opinion of Decathlon there is:

1.7.1 any abuse or attempted abuse of the scheme;

1.7.2 any fraudulent use of the card by the cardholder and/or any third party acting on behalf of the cardholder;

1.7.3 any breach or attempted breach of these terms and conditions;

1.7.4 any behaviour relating to the User Membership Programme or Decathlon that involves theft, misconduct, abusive or offensive behaviour, or supplying false or misleading information; or

1.7.5 any Membership being unused for a period more than two (2) years.

For the avoidance of doubt, when Decathlon declines to issue, withdraws, cancels or terminates any Decathlon Card, Virtual Card, Gift Card and/or suspends or terminates any Decathlon Membership as specified in paragraphs 1.7.1 to 1.7.5 above (as the case may be), you shall not be entitled to any compensation of any kind whatsoever and Decathlon may cancel any outstanding points (if any) at the time of making such decision.

1.8 A cardholder of the User Membership Programme may leave the scheme at any time. By leaving the User Membership Programme, cardholders forfeit the right to any gift cards and benefits already accrued or issued.

1.9 You may terminate your Membership at any time by giving notice in writing to us; Decathlon will cancel any outstanding points (if any) after receiving the aforesaid notice.

1.10 The Decathlon Virtual Card is free of charge.

2 Application for the Decathlon User Membership Programme

2.1 By application you are making a statement, upon which we are entitled to rely, that you are aged 18 years or above and capable of forming a legally binding contract.

2.2 To participate in the User Membership Programme, Users must complete an application form available:

2.2.1 On our 'My Card' Tablets from which their Decathlon Virtual Cards will be dispensed; or

2.2.2 Online - by going to www.decathon.hk then clicking ‘my Decathlon card’ and clicking ‘Create your Decathlon account’. Subject to correctly completing the application form, Users will be issued with an online User Membership account and a Virtual Card; or

2.2.3 By downloading Decathlon Application and registering from User Membership Account in the application (if applicable).

2.3 The User Membership Programme is for individual and normal consumer use only. No Decathlon Card, Virtual Card, Voucher, e-Voucher or Gift Card and/or other benefit conferred by the User Membership Programme may be used for any business transaction or purpose.

2.4 The User Membership Programme and any Decathlon Card and/or Virtual Card are valid at all Decathlon stores in Hong Kong. The programme is also valid online at www.decathlon.hk.

3 Benefits of the User Membership Programme

3.1 User Membership Programme cardholders will be able to take advantage of the following benefits:

3.1.1 Exclusive product testing for Members.

3.1.2      Enrolment to events held by Decathlon.

3.1.3 Exclusive services, e.g. with regard to the product(s) supplied by us, Refund/Exchange for a period of time as determined by Decathlon at its sole and absolute discretion from time to time.

3.1.4 E-Receipts for Easy Exchanges/Refund. You can do any refund/exchange without a receipt as the details of your purchases are registered in your Decathlon Card when presenting it at the moment of the purchase.

3.1.5 Personalized Sports Advice and Content. Regularly issue sports news, tips and other exciting content that are custom-made for Members only.

4 Additional Benefits of the User Membership Programme:

4.1 When Decathlon or one of its providers, makes a decision for quality reasons and / or safety, to cancel a sale and / or request the return of a product, Decathlon has the possibility to contact personally each customer present in the scheme (service offered for all purchases made online and using the Decathlon Virtual Card at the till). The information will be sent, subject to Decathlon, by email, mail, or phone call. Decathlon doesn’t take responsibility if the member’s details are out of date.

4.2 Possibility to exchange items purchased online without presenting the receipt.

4.3 The customer will automatically receive emails related to the Membership programme.

4.4 Decathlon HK will communicate to customers about special offers, news and sporting events organized by your local store, unless the customer has expressly communicated the desire not to receive these communications.

5 Lost and/or stolen Membership

In the event that the Decathlon Membership account is not able to be accessed or is stolen, the cardholder should inform Decathlon User Services as soon as possible. The Decathlon Account can also be retrieved from My Account page in our website: www.decathlon.hk.

6 Liability

User’s liability

The Decathlon Card is personal and non-transferrable. Consequently, the User is responsible for his/her Decathlon Card, which he /she undertakes to use according to these terms and conditions. The User is solely liable for any use he/she may make of his/her username and password and is the sole guarantor of their confidentiality, and of any use made of his/her Membership card account. As such, the User undertakes in particular (non-limiting list):

(a) to create only one DECATHLON Membership card in his/her name;

(b) to guarantee the accuracy of all information given to DECATHLON when joining the User Membership Programme;

(c) to ensure that the data communicated to DECATHLON in order to make it possible to contact him/her (mobile number, email), are secure and used solely by the Membership cardholder;

(d) not not to hold Us liable and to indemnify Us and our officers, directors, employees and agents against any direct or indirect losses, liabilities, costs or expenses (including legal fees) arising as a result of any use by an unauthorised third party of the benefits acquired by the User as part of its Membership programme;

(e) to inform DECATHLON as soon as possible of any unauthorised use of his/her Membership card and of any breach of the confidentiality and security of his/her means of identification.

7 Modifications to or suspension of the Decathlon User Membership Programme

7.1 The Decathlon Card/ Virtual card is valid for the lifetime of the User Membership Programme. However, Decathlon reserves at all times.

7.2 All cardholders that continue to use the User Membership Programme scheme after such a change will be deemed to have accepted the updated terms and conditions.

7.3 All cardholders acknowledge and accept that these terms and conditions replace all previous versions.

7.4 The User is invited to read regularly the last updated version, accessible on our website on www.decathlon.com.hk and any Decathlon’s applications for mobile devices and any other devices as Decathlon may deem fit.

PART TWO: SERVICES AND PRODUCTS SOLD BY DECATHLON HK

For the avoidance of doubt, this Part Two is applicable to services and products sold by Decathlon HK only and is not applicable to services and products made available and sold by third-party sellers.

1 – DELIVERY POLICY AND ORDER LEAD TIME

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.

2 – Refund/Exchange Eligibility Criteria

Subject to the terms herein,

Decathlon Members: can return and seek refund (“Return & Refund”) or exchange the product(s) (“Exchange”) (individually or collectively, “Return”) which was/were purchased from our website (“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 members: 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, each product for Refund/Exchange must be in a saleable condition. Further, the original packaging and labelling must be presented upon the Refund/Exchange. Decathlon 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 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; 

- 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 battery, wheels, strings on rackets and gases; (ii) cosmetic damage including 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 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). 

3 – Return & Refund Procedure

(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), Decathlon 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 packaging 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), Decathlon 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.

4 – Exchange Procedure

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, if applicable (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), Decathlon 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 one of our stores.

PART THREE: DECATHLON HONG KONG BUSINESS MEMBERSHIP PROGRAMME

1 – DEFINITIONS

Business-to-business members (“B2B members” or “you”) are Decathlon customers who purchase the product(s) for purposes which do not correspond to reasonable individual or household needs, the definitions of which are subject to our sole and absolute discretion, including individuals, companies, joint ventures, partnerships, enterprises, trusts, unincorporated organizations, government agencies, statutory bodies and other legal entities.

2 – LIMITATION

These Terms and Conditions apply to B2B members orders only. With regard to individual orders for individual and normal consumer use, please refer to the Terms and Conditions of Decathlon Hong Kong Membership Programme.

This part applies to B2B members orders only. With regard to individual orders for individual and normal consumer use, please refer to the other parts of these terms and conditions.

After joining this Decathlon Hong Kong Business Membership Programme, if you form any contract with us whether it is a quotation, purchase order or otherwise, in case of any conflict or discrepancy between the contract and these Terms and Conditions, the former shall prevail.

3 – BUSINESS USER PURCHASE POLICY

The minimum purchase requirement for a B2B member may be decided by Decathlon from time to time. Decathlon Hong Kong withholds the rights to change the pricing without any prior notice. Company stamp, business registration and person in charged endorsement is required on the quotation issued by the B2B team before confirmation of order. All items are subjected to stock availability. Bulky items are delivered unassembled and/or uninstalled. For an installation service, please contact our team for a service quotation. All purchases are strictly for internal usage, no reselling or redistribution of Decathlon goods are allowed.

4 – DELIVERY POLICY AND ORDER LEAD-TIME

Door to Door Delivery

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.

5 – PAYMENT TERMS

We offer a NET 30-days payment term for B2B orders equal or below HK$15,000. The 30-days payment period starts from the shipment date. For B2B orders over HK$15,000, we require complete payment before order preparation and shipment. Accepted payment methods are:

(a) Bank Transfer

(b) Cheque

6 – RETURN AND REFUND POLICY

We do not accept returns or refunds for B2B orders. A B2B member can only request an Exchange for defective items within 30 days of their delivery and upon presentation of the formal invoice which identifies the product(s) unequivocally). The product conditions will be assessed by the Decathlon team. Based on such assessment, our Decathlon team reserves the right as its sole and absolute discretion to acknowledge the defect of the item and accept or refuse the exchange. Please note that we do NOT accept requests for exchange of:

- Perishable products, personal safety equipment and personalized products including underwear, socks, footwear and swimwear;

-  products that are used without paying due regard to the instructions and/or directions provided by the user manual or attached or affixed to the packaging or the product itself;

- products that are damaged due to use for longer than service life or improper purpose;

- products that show material differences from their original condition;

- 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.

For delivered order quantity and sizing issues, please report to our team upon order received for investigation and support. 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. To request for exchange, please contact our team.

PART FOUR: MISCELLANEOUS

  1. 1. Liability: Whilst Decathlon uses reasonable skill and care to provide to the User optimal use of the benefits associated with the Decathlon Card, to the maximum extent permitted by applicable law, We are not liable to any User Membership Programme cardholder (whether such liability is in contract (by way of indemnity or otherwise), tort (including negligence) misrepresentation, breach of statutory duty, restitution or otherwise) for any damages, losses, costs and/or expenses incurred howsoever arising relating to the User Membership Programme or the cardholder's use of the card and/or any benefit conferred on the cardholder by virtue of the User Membership Programme, including (without limitation) for all or any of the following:
    1. a. any delays, delivery errors and/or connection problems
    2. b. any order that has not been accepted
    3. c. any delivery which is late or proves impossible or any delay in informing you of the same 
    4. d. any losses that could not reasonably be expected to result from Our negligence or breach of these Terms and Conditions 
    5. e. any loss, damage, costs, expenses or liability that is caused by events outside Decathlon’s reasonable control (“Force Majeure Event”). Decathlon’s obligations under these Terms and Conditions are suspended for the period that the Force Majeure Event continues, and Decathlon will extend the time to perform these obligations for the duration of that period 
    6. f. any loss, damage, costs, expenses or liability that You may suffer in connection with Your use of the Decathlon Card or orders from third parties including loss of profits, loss of revenue, loss of opportunity, loss of business or employment, save to the extent that we are found to have failed to perform Our obligations to you to the standard of a diligent and professional provider of the Website
  1. 2. If We are liable to you in connection with Your use of the Decathlon Card or the services provided in connection with your membership, Our liability will be limited to a sum of HK$2,500 in aggregate.
  1. 3. Nothing in these Terms and Conditions will limit or exclude Our liability to you for personal injury or death caused directly by Our negligence.
  1. 4. If in breach of these Terms and Conditions you are in fact a business or a person making a financial gain but not carrying on a business, We are not liable to You (whether such liability is in contract (by way of indemnity or otherwise), tort (including negligence) misrepresentation, breach of statutory duty, restitution or otherwise) for:
    1. a. any loss relating to your business or the business of your employer or any other person; or
    2. b. any loss of profits, loss of revenue, loss of opportunity, loss of business or employment (whether or not such loss could be reasonably expected to flow from our negligence or breach of these Terms and Conditions)
    3. to the maximum extent permitted by applicable law. 
  1. 5. To the maximum extent permitted by applicable law, You agree not to hold Us liable and to indemnify Us and our officers, directors, employees and agents against any direct or indirect losses, liabilities, costs or expenses (including legal fees) arising as a result of: (a) your use of the Decathlon Card or the services provided in connection with your membership; (b) your breach of these Terms and Conditions;  
  1. 6. As a user of the Decathlon Card, You understand and agree that We will not have any liability to You and others for any unauthorised transactions made using your personal information such as your password or account. The unauthorised use of your personal information could cause you to incur liability to Decathlon, its corporate affiliates and/or others. In addition, We cannot be liable for any use of a user’s personal data by an unauthorised third party.
  1. 7. You are deemed to be aware of and to have accepted the characteristics and limitations of Internet technologies, particularly the response times, the risks of service interruptions and, generally, the transmission of data. We are unable to guarantee that the access to the membership benefits will be continuous, uninterrupted or error-free. There may be times (whether scheduled or not) at which certain benefits are unavailable or are modified, suspended or withdrawn by Us, at our sole discretion, without notifying You. You agree that We shall not be liable to You or any third party as a result of the unavailability, modification, suspension or withdrawal of any benefits.
  1. 8. Finally, to the maximum extent permitted by applicable law, We will have no liability with respect to the acts, omissions, errors, negligence, breaches, warranties, representations of any third party or for any personal death, injuries, property damage or other damages or expenses resulting from or in connection with your interactions and communications with you or a third party.
  1. 9. Decathlon will not be liable or responsible for any failure to perform, or delay in performance of any of our obligations under these Terms and Conditions that is caused by events outside Decathlon’s reasonable control (“Force Majeure Event”). Decathlon’s obligations under these Terms and Conditions are suspended for the period that the Force Majeure Event continues, and Decathlon will extend the time to perform these obligations for the duration of that period.
  1. 10. Notwithstanding anything to the contrary, if you are in the European Union, the European Economic Area or the United Kingdom of Great Britain and Northern Ireland, you shall not use your Membership or our website including without limitation placement of any order. 

     

     

  1. 11. You shall not assign, transfer or otherwise dispose of all or any of your rights and obligations under these Terms and Conditions to any other third party without our prior written consent.
  1. 12. If any provisions of these 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 Terms and Conditions. The illegal or invalid provision shall be deleted from these Terms and Conditions and no longer incorporated herein but all other provisions of these Terms and Conditions shall continue.
  1. 13. These 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.
  1. 14. 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 Terms and Conditions.
  1. 15. These Terms and Conditions are prepared in English and Chinese in case of any conflict or discrepancy between the two versions, the former shall prevail.
  1. 16. These 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 Terms and Conditions.