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“Website” means the website on www.decathlon.com.hk and any Decathlon HK’s applications for mobile devices and any other devices as Decathlon HK may deem fit.
As a condition of your access and use of the Website, You warrant that:
You are 18 years old or older;
You never had criminal conviction(s) either in or outside Hong Kong;
You have the legal authority and capacity to enter into this Agreement and to use the services proposed and to purchase the services and products on the Website in accordance with this Agreement;
You are fully conversant in English and/or Chinese;
All the information You supply is true, current, complete, reliable, accurate and enables Us to comply with all our obligations;
You will use the Website with normal frequency and only place orders for You and others for whom You are legally authorised to act;
You are not using the Website or any of the services or products on the Website as a business or even if not as a business, for any financial gain.
(a) the singular includes the plural and vice versa and reference to any gender includes all genders;
(b) headings are for convenience and do not affect the interpretation;
(c) reference to the law shall be construed as a reference:-
(i) to any statute or provision as from time to time enacted, amended, modified or reenacted;
(iii) to any orders, regulations, instruments or other subordinate legislation made under any statute or statutory provision.
(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.
(e) references to writing include any modes of reproducing words in a legible and non-transitory form.
(f) references to times of the day are to that time in Hong Kong.
(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.
(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.
(i) the words “including”, “includes” and “for example” shall be deemed to be followed by the words “without limitation”.
Notwithstanding that We make available and sell our services and products on the Website, We allow third-party sellers to make available and sell their services and products thereon. If any service or product is made available and sold by a third-party seller on the Website, the third-party seller shall be specified on the respective page of the service or product or in any reasonable manner as Decathlon HK shall determine to be appropriate. In connection with services and products sold by third-party sellers, whilst We are responsible for managing and administering the Website and facilitating transactions thereon, We are neither the purchaser nor the seller of such services or products. Any content on the Website describing the services or products to be provided to you by a third-party seller is for the purpose of providing you with access to information, products or services provided by the third-party seller, as well as the terms and conditions under which the third-party seller will provide them to you. We are not liable for the content provided by those third-party sellers or any of their services or products and are unable to provide a guarantee that they shall remain permanently available. The fact that We include such content does not mean that We endorse the third-party seller; our relationship with them is governed by separate terms, which We use reasonable endeavours to enforce in order to ensure that they act in a professional manner in relation to what they provide. Notwithstanding anything to the contrary, all contracts in respect of such services or products are formed between You and the third-party seller who makes available and sells such services or products, whereas Decathlon HK is not a party to the aforesaid contracts. You are purchasing directly from third-party sellers rather than Decathlon HK, which is not an agent, partner, joint venturer or in any other capacity on your behalf or on behalf of any of the third-party sellers. Apart from that, where a third-party seller who provides products or services needs a licence under Hong Kong law or regulations, please note that We do not hold such a licence.
We arrange for delivery of all services or products sold by Decathlon HK. Any provision or delivery of any third-party seller's service or product on the Website is arranged by third-party sellers and/or their contractors or any third parties to whom Decathlon HK is not related save and except that We may decide to offer and provide fulfilment including delivery services.
Notwithstanding anything to the contrary, the limitations set out herein apply in relation to the provision or delivery of any third-party seller’s service or product.
You are responsible for ensuring that your equipment is compatible with, and meets all specific requirements enabling You to access the Website. You are further responsible for ensuring to have appropriate IT security in place (including antivirus software and other security controls) to satisfy your specific requirements in terms of content security and reliability.
You may access and display the Website’s contents on a computer screen and a screen on an applicable device, and print individual pages. Additional terms and conditions may apply to certain services of, parts of, or content on the Website. Where applicable, they will be displayed on the screen or will be accessible via a link.
If You choose or receive connection credentials (such as a username or password) as part of our security procedures, You must keep that information confidential and not disclose it to any other person. You unreservedly accept that your identification constitutes proof of your identity and You agree to safeguard your account information, to supervise and to be completely responsible for any use of your account by anyone other than You, including your interaction and communication with others. You must immediately notify Us of any unauthorised use or any security breach of which You become aware.
We retain the right at our sole discretion not to confirm, to suspend or to delete any Credentials and/or to prohibit use and/or access to the Website and/or to deny anyone access to the Website, at any time and for any reason, including for violation of this Agreement. In particular, any user who attempts to make a false or fraudulent reservation, whether intentionally or unintentionally, may have his or her account terminated.
You are required to be a member of Decathlon HK to use the Website and place an order thereon. By registering Decathlon HK membership, You accept the Terms and Conditions of Decathlon HK’s Membership and Products [https://www.decathlon.com.hk/en/help/services/_/R-a-terms-and-conditions].
To the fullest extent permitted by law, should any dispute, inconsistency or controversy arise, we retain the right to accept or refuse the request for refund or exchange, and this decision shall be final.
Please refer to the Terms and Conditions of Decathlon HK’s Membership and Products [https://www.decathlon.com.hk/en/help/services/_/R-a-terms-and-conditions], which govern, inter alia, the services and products made available and sold to You by Decathlon HK.
In additional to the prices of the services or products shown on the Website, we may charge you any delivery charges, service fees and other applicable charges in the Hong Kong Special Administrative Region. The prices are shown on the Website in Hong Kong Dollars.
If we introduce any new or additional charges in the future, which We reserve the right to do, we will notify You by making the change in charges clear on the Website but this would not affect existing orders made prior to the change in charges.
There are several payment methods. You can pay by credit card, debit card, online payment system or any other method as We may notify to You from time to time.
If You choose to pay by card, the prices of your selected services and/or products will be debited from your account once your order is ready to be taken into account.
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.
We engage third-party companies and payment processors from time to time to process payments securely including banks and online payment systems (and such payment processors may be varied by us at our discretion in the future). Your bank details are forwarded to this company securely, 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 save and except that We are given by the payment processors partial information, including last 4 digits of the card number and the holder name and the expiry month and year of the card (in case of credit or debit credit) and the email address associated with your payment account (in case of online payment system), for reference. Please note that this third-party company processes your payment, not Us. You agree to review and be bound by its policies and procedures before making an order through the Website.
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 email. 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.
In order to evidence the contractual relationships you and Decathlon HK have entered into, your order information is stored on a reliable database. 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 you and Decathlon HK. In any event, We recommend that You save the confirmation email.
The order via the Website is individual to You. We and third-party sellers may verify your identity.
The Website is provided to you as an individual and not as a business or, even if You are not carrying on a business, for the purpose of making any type of financial gain from making purchases. If We discover that you are using the Website or making purchases as a business or for any type of financial gain we will immediately cancel all orders made by you without any refund and without liability to You.
The Website’s general structure and all contents published by the Website (including text, graphics, software, photographs and other images, videos, sounds, trademarks and logos) constitute our exclusive property or that of our licensors, which may be companies in Decathlon HK and/or its affiliates, contractors and/or suppliers and/or third-party sellers. They are protected by intellectual property rights, in particular copyright and ancillary rights relating to trademarks, designs and models, domain names, patents, know-how, software and databases.
In respect to the Website’s contents, We grant You a non-exclusive and revocable licence limiting to accessing, browsing and using the Website, without the right to grant sub-licences. This licence does not grant You any rights over any Intellectual property belonging to Us or to our licensors. You acknowledge that You do not obtain any ownership right by downloading content from the Website, in particular any right to commercially exploit the Website’s contents.
Any representation and/or reproduction and/or partial or total exploitation of the services and/or products on the Website or the Website itself, in any manner whatsoever, is strictly prohibited without our prior written consent and/or third-party sellers. If You print, or store pages from the Website (uniquely in accordance with the terms of this Agreement), You must ensure that all copyright, trademark or other intellectual property right notices in the original content are reproduced.
In relation to the content that you may publish on the Website, you agree that, by submitting it to the area for receiving content, you grant Us and our affiliates a perpetual, irrevocable, worldwide, non-exclusive and royalty-free right and licence to use, reproduce, represent, upload, execute, transmit, store, modify, adapt, publish, translate, create derivative works, distribute, sub-license (in particular to our affilitates, technical partners and other Users of the Website) and display the content (in whole or in part) that You have sent to Us and/or incorporate it in other works in any form whatsoever, or in other media or technologies. You also agree to it being used by Decathlon HK and/or its affiliates, contractors and/or suppliers and/or third-party sellers in certain marketing communications, being associated with your name, although the association may not always be made, being transmitted to third parties for the purpose of service reviews, being automatically made public and freely accessible, in particular on the Internet and other websites and/or blogs and/or web pages of Decathlon HK and/or its affiliates, contractors and/or suppliers and/or third-party sellers, including Decathlon HK and/or its affiliates and/or third-party sellers’ social network pages and/or websites where Users may share content.
Whilst We use reasonable skill and care to provide the Website, facilitate orders from third-parties and (where We provide fulfilment including delivery services) to deliver orders on the promised delivery date and to inform you promptly if delivery is delayed, to the maximum extent permitted by applicable law, 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 all or any of the following:
A. any order that has not been accepted
B. any delivery which is late or proves impossible or any delay in informing you of the same
E. any loss, damage, costs, expenses or liability that You may suffer in connection with Your use of the Website 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
F. If We are liable to you in connection with Your use of the Website or the services, products or Facilities, Our liability will be limited to a sum of HK$2,500 in aggregate.
G. any loss relating to your business or the business of your employer or any other person; or
to the maximum extent permitted by applicable law.
As a user of the Website, 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 HK, its corporate affiliates and/or others. In addition, We cannot be liable for any information consulted on the Website which is not published by Us and any use of a user’s personal data by an unauthorised third party.
You are deemed to be aware of and to have accepted the characteristics and limitations of Internet technologies, particularly the response times when browsing or querying the server on which the Website is hosted, technical performance, the risks of service interruptions and, generally, the transmission of data. We are unable to guarantee that the access to the Website will be continuous, uninterrupted or error-free. There may be times (whether scheduled or not) at which certain features, parts or content of the Website 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 the Website, or of any feature, part or content on the Website.
In addition, We are unable to guarantee that the Website’s contents are free from viruses and/or other codes that may have contaminating or destructive properties. By using the Website, You agree that We cannot be liable for any loss of data; any software malfunction; the consequences of any computer virus, bug, problem or fault; and/or any damage caused to a User’s computer and/or any other devices.
We are also unable to guarantee the accuracy, proprietary character, completeness, reliability, quality, interest or originality of any content available by and through the services proposed on the Website. We disclaim all liability for any errors or other inaccuracies relating to the information and the description of the products and services proposed by third parties. We expressly reserve the right to correct any availability and pricing errors on the services, products and/or on pending orders made under incorrect prices.
We have no liability and We will make no refund in the event of any delay, cancellation, failure in delivery, out of stock, overbooking, strike, force majeure, or other causes beyond our direct control. We have also no responsibility for any additional expense, omissions, delays, re-routing, or acts of any government or authority.
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 company or for any personal death, injuries, property damage or other damages or expenses resulting from or in connection with your interactions and communications with a third party.
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 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.
You must use the Website and everything available on the Website solely for legal purposes and in accordance with all applicable laws and regulations, in a responsible manner and without damaging our name or reputation or that of our affiliates, third-party sellers or others.
In particular, You agree not to
A. infringe upon or violate Decathlon HK’s intellectual property rights or the intellectual property rights of others, or rights pertaining to privacy or containing personal data or giving rise to image rights;
B. “harvest” or store the Website’s contents on a server or another storage device connected to a network or create an electronic database by systematically downloading and storing the Website’s contents;
C. delete or modify any content of the Website or attempt to circumvent the security, or interfere with the functioning, of the Website or the servers on which it is hosted;
D. create links to the Website from any other Website without our prior written consent, although You may refer to Us on a website that You publish provided that the link is not misleading and You accurately state its destination and the fact that We have not approved the link, your website or the products or services that You provide, and that You do not replicate Our Website’s home page or any part thereof or any of the services or products on the Website and that the linked website does not contain any illegal, threatening, abusive, defamatory, pornographic, obscene, vulgar, indecent or offensive content or content that may infringe the intellectual property rights or other rights of third parties;
E. store, distribute or publish any content that is illegal, harmful, insulting, racist, immoral, that incites hatred or that may constitute an invasion of privacy or an infringement of the personal rights of third parties;
F. submit false or misleading information;
G. transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter" or "spam" or any other similar solicitation.
Decathlon HK and the third-party sellers do not provide any of its services or products to persons who are in the European Union, the European Economic Area or the United Kingdom of Great Britain and Northern Ireland (collectively or individually, the “Region”). If you are accessing the Website whilst you are in the Region, you are not permitted to purchase any services or products.