TERMS & CONDITIONS
LAST UPDATE: JANUARY, 2017
1.1. These General Terms and Conditions of Sale (hereinafter referred to as the “General Conditions”) apply exclusively between DECATHLON MALAYSIA SDN BHD., a company incorporated in the Federation of Malaysia under Company Registration No, 1110849-T, and having its registered office at Decathlon Malaysia Sdn Bhd, Unit C-12-4, Level 12, Block C, Megan Avenue II, 12, Jalan Yap Kwan Seng, 50450 Kuala Lumpur, Wilayah Persekutuan – Malaysia (hereinafter referred to as “Decathlon” or “we”), and any person placing an order on Decathlon’s website www.decathlon.my (the “Website”), (hereinafter referred to as the “Customer” or “you” and collectively with Decathlon, the “Parties”).
1.2. These General Conditions govern and apply to anyone accessing or using the Website, the relationship between the Parties and the supply of any product on the Website (“Product”) to the Customer.
1.3. By using the Website or purchasing any Product:
(i) You represent and warrant that you are over 18 YEARS of age and have the legal capacity to abide by these General Conditions;
(ii) You undertake to accept and be bound by these General Conditions and to comply with all applicable laws, regulations and rules in relation to your access to and use of the Website.
1.4. These General Conditions may be amended, modified or updated from time to time by Decathlon. Accordingly, the Parties agree that their relationship will be governed by the Terms and Conditions of Sale applicable and available on www.decathlon.my on the day you place an Order on the Website
A Customer who wishes to purchase Products shall place an order through the Website (“Order”).
By placing an Order, you are representing that (i) you are over 18 years of age and have the legal capacity to form a binding contract, (ii) you are an end user, (iii) all information provided to Decathlon in connection with such Order is true and accurate and (iv) you are authorised to use the payment method you will provide for such Order.
2. The term of this Limited Lifetime Warranty runs from the date of receipt of the date of purchase from our retail touchpoints for the lifetime of the product.
3. Any claim under this Limited Lifetime Warranty may only be made in the country where the B'TWIN frame or B'TWIN bike was purchased.
4. Only the original legal owner of the relevant B'TWIN frame or B'TWIN bike may avail of this Limited Lifetime Warranty. This Limited Lifetime Warranty shall not extend to any B'TWIN frame or B'TWIN bike that is purchased second hand (including any ex-demonstration frames or bikes) or that is purchased from anyone other than B'TWIN.
2.1 HOW TO PLACE AN ORDER ON THE WEBSITE?
Prior to submitting an Order, the Customer shall set up an account on the Website.
Then, you will be required to complete several stages when placing an Order:
- add your chosen items to your basket;
- select a delivery method;
- select a method of payment;
- make your payment;
- You will receive an e-mail confirming that your Order has been logged; and
- Lastly, you will receive an e-mail confirming your Order (“Order Confirmation”).
The Order process allows you to check and amend any errors before submitting your Order to Decathlon. Please take the time to read and check your Order at each page of the Order process.
The Order Confirmation e-mail means that Decathlon has accepted your Order, which will then form the sales contract between the Parties. Prior to such acceptance, Decathlon reserves the right to cancel your Order for any reason whatsoever, including but not limited to Decathlon having reasonable grounds to believe that the conditions to place an order- as above described – are not fulfilled, unavailability of Products or limitation of the quantities of Products ordered. If Decathlon cancels your Order before it has accepted it, Decathlon will refund you based on your original mode of payment for the Order of the Products, inclusive of delivery charges (if applicable).
As soon as your Order is ready to be dispatched, Decathlon will send an email confirming that your Order has been shipped and is on the way to the place of delivery you mentioned (“Dispatch Confirmation”) or that your Order is ready for collection at whichever store location you chose (“Ready for Collection”).
2.2 OUR PRICES
2.2.1. Product prices are displayed in the Website in Malaysian Ringgit (MYR). GST deduction is applied at the date of the Order Confirmation
2.2.2. Prices of Products displayed on the Website exclude delivery costs which may be added to the amount of your Order, as such delivery costs may vary, depending on the amount of your Order, the delivery destination and the delivery method chosen. Any additional charges for delivery will be included in the summary of your Order shown on-screen at the check-out page, before the Order is finally confirmed by the Customer.
2.2.3. Product prices are subject to change at any time and without notice, but you will always be charged the price which is displayed on the Website at the time you confirm your Order. If Decathlon has retail store(s) in your country/region, Product selection, prices and/or promotions offered on the Website may vary at any time from what is available or offered in the other retail locations.
2.2.4. GST price is deducted by single product in Website and in Total (single receipt amount) in retail store(s)
2.3 METHOD OF PAYMENT
2.3.1. You shall pay for the Product in full upon submitting your Order. Payment for Orders may be made by Visa Card or MasterCard issued by a credit or debit card company acceptable to Decathlon. Decathlon reserves the right to change the payment options at any time for any reason.
2.3.2. All credit/debit card transactions made on the Website are secured using the Secure Socket Layer (SSL) technology and payments are processed by ADYEN.
2.3.3. You undertake that the card or account used for payment on Website is your own and that there are sufficient funds or credit facilities to cover the cost of your Order. Decathlon reserves the right to reject an order in the event of an ongoing payment dispute or if a Customer has ordered an unusually high number of products.
2.3.4. If you are a Customer whose credit or debit card is not denominated in Malaysian Ringgits (MYR), the final price may vary, depending on the exchange rate applied by your card issuer or issuing bank. For the avoidance of doubt, Decathlon shall under no circumstances be responsible for any foreign transaction fees charged by your issuing bank if you are using an international credit/debit card.
2.3.5. Once Decathlon has received cleared funds in full in relation to your Order, you will receive an e-mail from Decathlon confirming your payment (“Payment Accepted”).
2.3.6. The Website contains a large number of Products. It is always possible that despite Decathlon’s reasonable efforts, some of the Products on the Website may be incorrectly priced. If Decathlon discovers an error in the price of any Product you have ordered, Decathlon will inform you of this error and will give you the option of continuing to purchase the Product at the correct price or cancelling your Order. Decathlon will not dispatch your Order until your instructions have been obtained. If Decathlon is unable to contact you using the contact details you have provided, Decathlon will treat the Order as cancelled and notify you in writing. If the Order is cancelled, Decathlon will refund you based on your original mode of payment for the Order of the Products, inclusive of delivery charges (if applicable). For the avoidance of doubt, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, Decathlon does not have to provide the Product to you at the incorrect (lower) price.
2.4 PROOF OF ORDERS AND PAYMENT
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 Decathlon and you. In accordance with applicable regulations, we store orders in a reliable medium. You may access to the orders you place on www.decathlon.my by going to “My Account”. In all cases, Decathlon advises Customers to retain their order confirmation e-mails.
2.5 TRANSFER OF TITLE AND RISK
Title to and risk of accidental loss of the Products purchased passes to the Customer upon issue of the Dispatch Confirmation or Ready for collection email. To the extent permitted by law, Decathlon shall not be liable to any Customer for any losses, liabilities, damages, upon passing of risk to the Customer.
3. HOME DELIVERY / SELF COLLECTION
3.1. Where do we deliver?
The Website (www.decathlon.my) is intended for use by Customers who reside in Malaysia.
3.2. What are the delivery options for online orders?
You may choose between Home Delivery and Self Collection in Decathlon Stores. These delivery options are specified during the process of your Order and explained as well in the main page of the Website: Delivery.
3.3. In case of Home Delivery, you will receive in “Dispatch Confirmation” email with the time/tracking number of your delivery as well as the contact details of the Carrier you chose.
In case of Self Collection, you will receive a notification “Ready for Collection” by email to inform you about the availability of your Products in the Decathlon Stores you chose.
3.4. The Products shall be packaged in accordance with Decathlon’s standard packing procedures. Decathlon reserves the right to accommodate any specific packing instructions and in such cases, any additional charges which may apply shall be paid by the Customer before the Products are dispatched.
3.5. The delivery time given on the Website Delivery and in your “Dispatch Confirmation” begins on the date on which the Products you have ordered are dispatched from our store. Decathlon may contact you if an estimated delivery date cannot be met by the Carrier but Decathlon shall in no circumstances be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery.
3.6. Unless otherwise agreed by the Customer, Decathlon will deliver your Products to the delivery address provided in your Order. On delivery of your Products, you will be required to sign for delivery and if no-one is available to take delivery of your Products, the appointed carrier may leave a card giving you instructions on either re-delivery or collection from the carrier.
3.7. Check your Products on reception!
With respect to the acceptance of packages, Decathlon strongly advises Customers to check the apparent condition of items on delivery. In the event of a problem (damaged packaging or missing, damaged or broken items), you shall describe the condition of the parcel being refused in detail on the delivery note and have the carrier countersign the delivery note.
You are therefore strongly advised to open your parcel in the presence of the carrier to check that no item has been damaged during its transportation.
4. DECATHLON'S PRODUCTS
4.1. The pictures of the Products on the Website are for illustrative purposes only. Although Decathlon has made every effort to display the colours accurately, Decathlon cannot guarantee that your computer's display of the colours accurately reflect the colour of the Products. Products purchased may vary slightly from those pictures.
4.2. Decathlon has made every effort to ensure that (i) all information published on the Website in relation to the Products are accurate, (ii) the Website is updated regularly and (iii) errors are corrected within a reasonable time of discovery. Decathlon reserves the right to make changes to the Website at any time including the Product prices, specifications, descriptions, offers and availability.
4.3. If an item ordered is not available, Decathlon reserves the right to cancel the order, in which case, you will be notified accordingly.
If you place an Order for several products and one of which is unavailable, the customer service of Decathlon will inform you accordingly:
- The rest of the Order might be processed and dispatched to you within the time limit indicated on the Website,
- You may also choose to postpone the delivery until the availability of all items ordered or to cancel your entire Order, in which case you must inform Decathlon Customer Service by phone or by e-mail (for contact details, please check the link “Contact Us” on the Website).
- The Customer Service may also offer you to replace the unavailable item with a similar product of similar quality with your prior agreement.
5. RETURN POLICY
5.1. Products purchased online can be returned to Decathlon for a refund subject to the following conditions:
- Products must be returned and received by Decathlon within three hundred sixty five(365) days from the date of receipt of purchase, this period will not apply with respect to the following in particular: purchases of perishables such as foodstuffs; and purchases of audio or video recordings and computer software applications which You have unwrapped also for Underwear, swimming wear, sports bra and lingerie.
- Products must be unused, unassembled and with labels intact,
- Safety products such as helmets, protection pads, ropes, harnesses cannot be returned or exchanged. Kindly try the items in store and ensure you have purchased the correct size,
- Foodstuffs, beverages or other goods intended for everyday consumption cannot be returned or exchanged, and
- Last piece, last price promotion items cannot be returned or exchanged.
*You become a Decathlon Member by registering an Account on our Website.
5.2. For online purchases, the Customer may return the Products:
- Either in Decathlon Stores in Malaysia for a refund or an exchange
- Or by post for a refund (no exchange in case of return by post) according to the proceeding available on “My account” / “History and details of my order’/”Make Return” by selecting the products concerned on https://www.decathlon.my
5.3. The return by post and the subsequent refund is only valid:
- For home delivery orders (for self collection, please return in store for exchange or refund)
- For the same mode of payment
- With the same carrier the Customer selected during his/her purchase online
5.4. The return shipping fees by post will be paid by Decathlon, but the Customer will be responsible for the Products returned until they reach Decathlon’s warehouse/store. The Customer must package its item carefully and include the relevant return number(s) printed out from the Website or written on a loose sheet of paper.
5.5. The Products will be inspected once received and in the event that the Products are in an unsuitable condition; Decathlon may have to send back the Products to the Customer at the Customer’s cost and/or refuse to provide a refund.
5.6. Provided that the Products are returned with reasonable care having been taken (no wear and tear or damage and are in the condition that permits Decathlon to resell them), refunds will be processed within fourteen (14) to twenty (20) days after Decathlon has received your return. Decathlon will offer you a refund based on your original mode of payment for the Order of the Products, inclusive of delivery charges (if applicable).
5.7. In the event that you are returning the Products because Decathlon has delivered the wrong Product to you or a Product has been mis-described on the Website and provided that the Product is returned with reasonable care having been taken, Decathlon will offer you a refund based on your original mode of payment for the Order of the Product, inclusive of delivery charges (if applicable) and any reasonable costs incurred by you in returning the Product to Decathlon.
5.8. The Customer can go to “Contact Us” section on the Website to exchange with Decathlon Customer service for any question regarding its return.
6. PRODUCT WARRANTY
6.1. Most of Decathlon’s Products offered for sale on the Website are covered by a sales warranty for the period stipulated on the relevant web page of the Product, which is in most of the case, at least a two (2) years warranty from date of purchase.
6.2. During the warranty period, the Customer has the right to return any defective product, in order to obtain repair or replacement of the defective product, depending of the nature of the defect. If such repair or replacement would be either impossible, disproportionate in cost or cannot be managed by Decathlon within a reasonable time, Decathlon will refund the Customer with a credit equal to the full purchase price of the Product paid by the Customer. In this circumstances, we thank you to contact the Decathlon Customer Service (please refer to “Contact Us”).
6.3. The sales warranty described in Clauses 6.1 and 6.2 does not apply to any defect in the Products arising from:
- fair wear and tear or natural deterioration,
- misuse, inappropriate storage, lack of proper maintenance, wilful damage, accident, negligence by the Customer or by any third party;
- failure to install, operate or use the Products in accordance with the user instructions, specifications or conditions made available to the Customer by Decathlon; or
- any alteration or repair by the Customer or a third party who is not one of Decathlon’s authorised repairers.
6.4. If a Product is returned to Decathlon without a valid reason or due to a defect arising from any one of the circumstances described in Clause 6.3 above, Decathlon reserves the right to dismiss the Customer’s request and return the Product to the Customer at the Customer’s cost and expense.
6.5. If the Product has no defect and has not been used, but you simply change your mind, please refer to the conditions of the “Return Policy”.
7. ACCESS AND USE OF WEBSITE
7.1. Access to the Website
Decathlon will not be liable if for any reason the Website or any content on it is unavailable or interrupted. Decathlon reserves the right to suspend, withdraw, discontinue or change all or any part of the Website without notice.
7.2. Use of Website
7.2.1. Unless otherwise specified, the Website is solely for your personal and non-commercial use and you agree that you are only authorised to visit, view and retain a copy of any information or services obtained from the Website for informational use. You understand and agree that you are strictly prohibited from duplicating, adapting, modifying, commercially distributing, publishing, licensing or selling any information, material or services obtained from the Website.
7.2.2. You may not use the Website:
- In any way that breaches any applicable law, regulation or rule;
- In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
- To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); or
- To knowingly transmit any data, send or upload any material that contains viruses, trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
7.3. Member Account and Password
7.3.1. If you choose to create an account on the Website, you must complete the registration process by providing Decathlon with current, complete and accurate information. You are responsible for all use of your account and for keeping your user name and password confidential.
7.3.2. You agree to notify Decathlon immediately if you know of or suspect any unauthorised use of your account or any other breach of security.
7.4.1. All information, text, descriptions, data, graphics, images, logos, illustrations, designs, icons, video clips, audio clips, sounds, files, specifications, advertisements, titles, names, intellectual property rights and any other information provided on the Website (hereinafter referred to as the “ Content”) are owned by Decathlon or its associated companies.
7.4.2. Decathlon makes no representations, warranties or guarantees, whether express or implied, that the Content on the Website is accurate, complete or up-to-date. Decathlon reserves the right, in its sole discretion, to amend, modify, update, change or otherwise alter the Content at any time without providing notice.
7.4.3. The Website may include links to third party websites that let you leave the Website. These linked sites are not under the control of Decathlon and Decathlon is not liable or responsible for the accuracy, completeness, timeliness or availability of any third party Content. Links to any third party websites are provided for your convenience only and the inclusion of any link does not imply endorsement by Decathlon of the website. Your use of such third party website is at your own risk and may be subject to that third party’s terms and conditions.
7.5. Intellectual Property Rights
7.5.1. Decathlon and/or its associated/affiliated companies are the owner(s) or the licensee(s) of all intellectual property rights in the Website. Such intellectual property rights shall include but are not limited to copyrights, trademarks, industrial design rights, patents, know-how, privileged or similar information, whether registered or not, as well as all other rights related to Decathlon or its associated companies’ trademarks, Products or business activities.
7.5.2. Except as expressly permitted by Decathlon, you may not use, reproduce, copy, modify, publish, transmit, distribute, display, download, licence, transfer or sell any Content.
7.6. User-Generated Content
7.6.1. Decathlon does not claim ownership of the content you provide to Decathlon (including Product Reviews, ratings, suggestions, pictures) or post, upload or submit to the Website for review by the general public, or by the members of any public or private community (collectively, “ User-Generated Content”).
7.6.2. Any User-Generated Content posted, uploaded or submitted on the Website will be considered non-confidential and non-proprietary and Decathlon will be permitted to use, copy, distribute, reproduce, publish, sublicense and otherwise disclose to third parties such User-Generated Content for any purpose without providing any notice.
7.6.3. Decathlon has the right to disclose your identity to any third party who is claiming that any User-Generated Content posted or uploaded by you to the Website constitutes a violation of their intellectual property rights, or of their right to privacy and Decathlon will not be responsible, or liable to any third party, for the User-Generated Content or accuracy of any User-Generated Content posted by you or any other user of the Website.
7.6.4. You agree that any User-Generated Content that you post, upload or submit to the Website:
- is accurate (where they state facts);
- is genuinely held (where they state opinions); and
- complies with specific terms and conditions of Decathlon, such as Terms and Conditions of Decathlon Review and with the applicable laws in the country from which they are posted.
7.6.5. You agree that you shall not post, upload or submit to the Website, any User-Generated Content that:
- is not related to appropriate subject matters;
- is misleading to others;
- contains viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful;
- infringes any third party intellectual property rights;
- is unlawful, harmful, threatening, abusive, vulgar, obscene, defamatory, pornographic, indecent, hateful, offensive, or racially, ethnically or otherwise objectionable;
- promotes violence or any illegal activity or is likely to deceive any person;
- is in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
- advocates, promotes or assists any unlawful act such as (by way of example only) copyright infringement or computer misuse; or
- intentionally or unintentionally breaches any applicable local state, national or international law, regulations or rules.
7.6.6. Decathlon will determine, in its own discretion, whether there has been a breach of this Clause 7 through your use of the Website and reserves the right to take any such action as Decathlon deems appropriate, including but not limited to the following actions:
- immediate, temporary or permanent removal of any User-Generated Content from the Website at any time and for any reason and/or your right to use the Website;
- issue of a warning to you; or
- legal action against you for reimbursement of all costs on an indemnity basis (including but not limited to, reasonable administrative and legal costs)
8. DISCLAIMER AND LIMITATION OF LIABILITY
8.1. DECATHLON ASSUMES NO LIABILITY OR RESPONSIBILITY FOR (A) ERRORS, MISTAKES OR INACCURACIES OF THE CONTENT, USER-GENERATED CONTENT, SERVICES OR ANY OTHER INFORMATION OR MATERIAL SET OUT OR MADE AVAILABLE THROUGH THE WEBSITE, (B) ANY UNAUTHORIZED USE OF SECURE SERVERS (WHETHER PROVIDED BY DECATHLON DIRECTLY OR BY THIRD PARTIES APPOINTED BY DECATHLON) AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (C) ANY PROPERTY DAMAGE OF ANY NATURE WHATSOEVER RESULTING FROM A CUSTOMER’S ACCESS TO AND USE OF OR RELIANCE ON ANY CONTENT, USER-GENERATED CONTENT, SERVICES OR ANY OTHER INFORMATION OR MATERIAL SET OUT OR MADE AVAILABLE THROUGH THE WEBSITE OR ANY LINKED THIRD PARTY WEBSITE(S), (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES PROVIDED ON THE WEBSITE AND OR LINKED THIRD PARTY WEBSITE(S), (E) ANY VIRUSES, TROJAN HORSES, WORMS, TIME-BOMBS, KEYSTROKE LOGGERS, SPYWARE, ADWARE OR ANY OTHER HARMFUL PROGRAMS OR SIMILAR COMPUTER CODE DESIGNED TO ADVERSELY AFFECT THE OPERATION OF ANY COMPUTER SOFTWARE OR HARDWARE TRANSMITTED THROUGH THE WEBSITE OR ANY LINKED THIRD PARTY WEBSITE(S) AND/OR (F) ANY ERRORS OR OMISSIONS IN THE CONTENT, USER-GENERATED CONTENT, INFORMATION OR MATERIAL SET OUT OR MADE AVAILABLE THROUGH THE WEBSITE (INCLUDING BUT NOT LIMITED TO THIRD PARTY WEBSITE(S)) OR FOR ANY LOSS OR DAMAGE OF ANY NATURE INCURRED AS A RESULT OF THE USE OF OR RELIANCE ON ANY OF THE FOREGOING.
8.2. ANY CONTENT, USER-GENERATED CONTENT AND SERVICES MADE AVAILABLE OR OBTAINED THROUGH THE WEBSITE OR ANY LINKED THIRD PARTY WEBSITE IS DONE AT THE CUSTOMER’S OWN DISCRETION AND RISK AND THE CUSTOMER SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THEIR COMPUTER SYSTEM OR ELECTRONIC DEVICE, OR ANY LOSS OF DATA THAT RESULTS THEREFROM.
8.3. USE AND RELIANCE UPON ANY AND ALL OF THE CONTENT, USER-GENERATED CONTENT IS AT THE CUSTOMER’S OWN DISCRETION AND RISK AND IS MADE AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS MAY EXPRESSLY BE STATED HEREIN, DECATHLON MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT, USER-GENERATED CONTENT, SERVICES OR ANY OTHER ITEMS OR MATERIALS MADE AVAILABLE OR LINKED TO FROM THE WEBSITE.
The Customer shall keep Decathlon fully indemnified against all actions, claims, demands, proceedings, liabilities, losses (whether direct, indirect or consequential), costs (including legal costs on a full indemnity basis) and expenses of every kind suffered or incurred by Decathlon, its officers, employees, servants, representatives, manufacturers, distributors, corporate affiliates and/or agents, arising out of or in connection with:
- any claim made by any third party due to or arising out of any Content posted by the Customer on the Website;
- any actual or alleged breach or non-performance or non-observance of any of the Customer’s obligations or warranties under these General Conditions, or otherwise arising in any way out of the Customer’s use of the Website or purchase of the Products; or
- any infringement or misappropriation by the Customer of any third party’s patent, copyright, trademark or other intellectual property rights in connection with the use of the Website or purchase of the Products.
10. FORCE MAJEURE
10.1. A “Force Majeure Event” means any cause which is not reasonably foreseeable and is beyond the reasonable control and not due to the fault or negligence of the Party affected (including its subcontractors, if any) and which could not have been avoided by due diligence and the use of reasonable efforts. A Force Majeure Event includes, without limitation, Acts of God, drought, flood, earthquakes, storm, fire, lightning, epidemic, war, riot, civil disturbance, sabotage, explosions, strikes, or labour disputes (excluding any strikes, labour disputes or other labour difficulties in which the employees of the affected Party (or its subcontractors, if any), are involved) and changes in law. A Force Majeure Event includes the failure of a subcontractor to furnish labour, services, materials or equipment in accordance with its contractual obligations only if such failure is itself due to a Force Majeure Event.
10.2. Decathlon shall not be liable for failure or delay in performing any of its obligations under these General Conditions to the extent that the failure or delay is due to a Force Majeure Event PROVIDED ALWAYS THAT:
- as soon as reasonably practicable upon knowing that it will not be able to fulfil its obligations, it notifies the Customer; and
- no obligations of Decathlon which arose before the occurrence of the Force Majeure Event causing the suspension of performance are excused as a result of the occurrence.
10.3. Where the Force Majeure Event affects Decathlon’s delivery of Products to the Customer, Decathlon will arrange a new delivery date with the Customer after the Force Majeure Event is over.
11. GENERAL LEGAL PROVISIONS
11.1. Remedies and Waivers
No failure on the part of Decathlon to exercise, and no delay on its part in exercising, any right or remedy under these General Conditions will operate as a waiver thereof, nor will any single or partial exercise of any right or remedy preclude any other or further exercise thereof or the exercise of any other right or remedy. The rights provided in under these General Conditions are cumulative and not exclusive of any rights or remedies provided by law. If Decathlon does waive a default by the Customer, it will only do so in writing.
The illegality, invalidity or unenforceability of any provision of these General Conditions under the law of any jurisdiction shall not affect its legality, validity or enforceability under the law of any other jurisdiction nor the legality, validity or enforceability of any other provision.
12. GOVERNING LAW
These General Conditions shall be governed by and construed in accordance with the law of Malaysia and the competent courts of Kuala Lumpur shall have exclusive jurisdiction.
UPDATE: January, 2017