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 Malaysia under the Registration No. 201401034750 (1110849-T) and with its registered office at Unit No. 17-2, Level 17, Wisma UOA II, No.21, Jalan Pinang, 50450 Kuala Lumpur, Wilayah Persekutuan, Malaysia and its corporate office at M2-G-01, 8trium Tower, Jalan Cempaka SD 12/5, Bandar Sri Damansara, 52200 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”).
1.2. Decathlon and the Customer shall collectively be referred to as “Parties” and “Party” shall refer to any of them, as the context may require.
1.3. These General Conditions may be amended, modified or updated from time to time by Decathlon without notice. You are encouraged to check this page regularly to take notice of any changes we may have made to the General Conditions.
2. REPRESENTATIONS AND WARRANTIES
2.1. By using the Website or purchasing any Products:
- You represent and warrant that you are over 18 years of age;
- You have the legal capacity to abide by these General Conditions and to form a binding contract;
- 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;
- You represent and warrant that all information provided to Decathlon in connection with orders placed is true and accurate;
- You are authorized to use the payment method you will provide for placement of orders.
3.1. A Customer who wishes to purchase Products shall place an order through the Website (“Order”).
3.2. Prior to submitting an Order, the Customer shall set up an account on the Website. You are responsible for maintaining the confidentiality of your account and password and you agree to accept responsibility for all activities that occur under your account or password.
3.3. When placing an Order, you will be required to:
- add your chosen items to your basket;
- select a delivery method;
- select a method of payment;
- make your payment.
3.4. Upon payment, you will receive an acknowledgement email confirming receipt of your Order. Once your payment has been approved by us and once we have debited your accounts accordingly, you will receive an email confirming your payment and an email confirming your Order (“Order Confirmation”). As soon as your Order is ready to be dispatched, Decathlon will send an email with details of the delivery, including the tracking number (“Delivery Confirmation”). If you have chosen to collect your Order, you will receive an email confirming that your Order is ready for collection at whichever location you have chosen (“Ready for Collection”).
3.5. 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 each page of the Order process.
3.6. The Order Confirmation email means that Decathlon has accepted your Order, which will then form a binding 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 are not fulfilled, unavailability of Products or limitation of the quantities of Products ordered. If Decathlon cancels your Order after the Order Confirmation, Decathlon will refund you for the Order of the Products, inclusive of delivery charges if applicable, based on your original mode of payment.
4.1. Prices of Products are displayed in Malaysian Ringgit (MYR) on the Website.
4.2. Prices of Products displayed exclude delivery costs 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 Cart at the check-out page, before you proceed to payment.
4.3. Prices of Products 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 make payment for your Order.
4.4. 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 unmistakable 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.
4.5. Availability of Products, prices and/or promotions offered on the Website may vary at any time from what is available or offered in physical stores.
5. METHOD OF PAYMENT
5.1. You are required to pay for the Order via any of the payment options available on the Website. All transactions made on the Website are secured using the Secure Socket Layer (SSL) technology.
5.2. You undertake that the card or account used for payment on the 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.
5.3. If you are a Customer whose card or account is not denominated in Malaysian Ringgit (MYR), the final price may vary, depending on the exchange rate applied by your card issuer or bank. For the avoidance of doubt, Decathlon shall under no circumstances be responsible for any foreign transaction fees charged by your card issuer or bank if you are using an international card or paying from a bank account overseas.
5.4. Once Decathlon has received the funds in relation to your Order, you will receive an email from Decathlon confirming payment (“Payment Accepted”).
6. PROOF OF ORDERS AND PAYMENT
6.1. 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 orders you place on www.decathlon.my by going to “My Account”. In all cases, Decathlon advises Customers to retain their order confirmation emails.
7. TRANSFER OF TITLE AND RISK
7.1. Title to and risk of accidental loss of the Products purchased passes to the Customer upon issue of the Delivery Confirmation or Ready for Collection email. To the extent permitted by law, Decathlon shall not be liable to any Customer for any losses, liabilities or damages upon passing of risk to the Customer.
8. HOME DELIVERY / SELF COLLECTION
8.1. Where do we deliver?
The Website (www.decathlon.my) is intended for use by Customers who reside in Malaysia.
8.2. 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.
8.3. In case of Home Delivery, you will receive a “Delivery Confirmation” email with the tracking number of your delivery.
In case of Self Collection, you will receive a “Ready for Collection” email to inform you about the availability of your Products in the Decathlon Stores you chose.
8.4. 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.
8.5. The delivery time given on the Website is an estimate and 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.
8.6. 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.
8.7. 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.
9. DECATHLON’S PRODUCTS
9.1. 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.
9.2. Decathlon has made every effort to ensure that:
- all information published on the Website in relation to the Products are accurate,
- the Website is updated regularly; and
- errors are corrected within a reasonable time of discovery.
9.3. 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, we 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 by phone or by email (for contact details, please check the link “Contact Us” on the Website);
- We may also offer to replace the unavailable item with a similar product of similar quality with your prior agreement.
10. RETURN POLICY
10.1. Products purchased on the Website may be returned to Decathlon for a refund or exchange subject to the following:
- Products must be returned or exchanged within three hundred and sixty five (365) days from the date of purchase;
- Products that are deemed to be intentionally damaged or not properly maintained, used outside of their intended means and Products such as foods and drinks, cosmetics, pharmaceutical products, gas canisters, personalised items and personal safety equipment are exempted;
- Decathlon reserves the right to accept or refuse the return or exchange based on our assessment, taking into consideration factors such as the condition of the Products and length/frequency of use. In the event a return is accepted, Decathlon reserves the right to choose the solution offered.
10.2. For online purchases, the Customer may return or exchange the Products:
- at any Decathlon Malaysia’s physical stores in Malaysia; or
- by post.
10.3. The Customer will be responsible for the shipping costs of Products returned or exchanged by post. The transfer of title and risk of the Products will remain with the Customer until the Products have reached Decathlon’s warehouse/store. The Customer must package the item carefully and include the relevant return number(s) printed out from the Website or written on a loose sheet of paper.
10.4. The Products will be inspected once received and in the event the Products are not eligible for a return or exchange pursuant to Clause 10.1, Decathlon may send the Products back to the Customer at the Customer’s cost and/or refuse to provide a return or exchange.
10.5. Products which are eligible for a return or exchange will be processed within fourteen (14) to twenty (20) days after Decathlon receives it. Refunds will be based on the original mode of payment for the Order of the Products, inclusive of delivery charges (if applicable). Once the refund has been processed, you will receive an email informing you of such. Delivery charges for exchange of products will be borne by the Customer.
10.6. In the event Decathlon has sent you an incorrect or defective item or a Product has been mis-described on the Website, and you would like to return or exchange it, Decathlon shall bear the cost of return shipping. Please contact the Decathlon Customer Service team (contact details can be obtained via the "Contact Us" section on the Website) for further instructions on how to proceed. Provided that the Product is returned with reasonable care having been taken, the refund to be provided by Decathlon shall be based on your original mode of payment for the Order of the Product.
11. PRODUCT WARRANTY
11.1. 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 cases, at least a two (2) years warranty from the date of receipt of purchase.
11.2. During the warranty period, the Customer has the right to return any defective Product, in order to obtain repair or replacement of the defective parts, depending on 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 offer the Customer an exchange with a product of equivalent value. If no product with an equivalent value is available, Decathlon will refund the Customer the full purchase price of the Product paid by the Customer.
11.3. The sales warranty described in Clauses 11.1 and 11.2 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.
11.4. 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 11.3 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.
11.5. 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”.
11.6. Limited Lifetime Warranty
Decathlon offers a limited lifetime warranty against defects in material and workmanship in relation to all B’TWIN bike frames purchased fully assembled from Decathlon. The limited lifetime warranty extends to metal frames, rigid metal forks (forks without suspension), handlebars and handlebar stems (excluding carbon handlebars and carbon handlebar stems). For more information on Limited Lifetime Warranty, you may refer to “B’TWIN Lifetime Warranty” on the Website.
12. ACCESS AND USE OF WEBSITE
12.1. 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.
12.2. Use of Website
12.2.1. 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.
12.2.2. 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.
12.3. Member Account and Password
12.3.1. 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.
12.3.2. You agree to notify Decathlon immediately if you know of or suspect any unauthorised use of your account or any other breach of security.
12.4.1. 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.
12.4.2. 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.
12.4.3. 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(s) is at your own risk and may be subject to that third party’s terms and conditions.
12.5. Intellectual Property Rights
12.5.1. 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.
12.5.2. Except as expressly permitted by Decathlon, you may not use, reproduce, copy, modify, publish, transmit, distribute, display, download, licence, transfer or sell any Content.
12.6. User-Generated Content
12.6.1. 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”).
12.6.2. 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.
12.6.3. 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.
12.6.4. 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 Decathlon’s rule of publishing and with the applicable laws in the country from which they are posted.
12.6.5. 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.
12.6.6. Decathlon will determine, in its own discretion, whether there has been a breach of this Clause 12 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).
13. DISCLAIMER AND LIMITATION OF LIABILITY
13.1. Decathlon assumes no liability or responsibility for:
- errors, mistakes or inaccuracies of the Content, User-Generated Content, Products or any other information or material set out or made available through the Website;
- any unauthorised 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;
- 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, Products or any other information or material set out or made available through the Website or any linked third party website(s);
- any interruption or cessation of transmission to or from the Products provided on the Website or any linked third party website(s);
- 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);
- any errors or omissions in the Content, User-Generated Content, information or material set out or made available through the Website or any linked 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.
13.2. Any Content, User-Generated Content and Products made available or obtained through the Website or any linked third party website is done at the Customer’s own discretion and risk. The Customer shall be solely responsible for any damage to their computer system or electronic device, or any loss of data that results therefrom.
13.3. Use and reliance upon any and all of the Content or 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 be expressly stated herein, Decathlon makes no warranties or representations about the accuracy or completeness of the Content, User-Generated Content, Products or any other items or material made available or linked to from the Website.
14.1. 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.
15. FORCE MAJEURE
15.1. 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 but shall not be limited to any act 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.
15.2. Decathlon shall not be liable for any failure or delay in performing its obligations under these General Conditions as a result of a force majeure event, provided that it notifies the Customer as soon as reasonably practicable upon knowing that it will not be able to fulfil its obligations.
15.3. Obligations which arose prior to the occurrence of the force majeure event causing the suspension of performance shall remain enforceable and shall not be excused.
15.4. Where the force majeure event affects Decathlon’s delivery of Products to the Customer, Decathlon will arrange to deliver the Products to the Customer after the force majeure event is over.
16. GENERAL LEGAL PROVISIONS
16.1. Remedies and Waivers
No failure on Decathlon’s part to exercise or any delay or failure on Decathlon’s part in exercising any right, power or remedy provided by law or under these General Conditions shall be deemed as a waiver of such right, remedy or power. The rights provided under these General Conditions are cumulative and are not exclusive of any rights or remedies provided by law. Any waiver provided by Decathlon to the Customer will be valid only if in writing.
If at any time, any provisions of these General Conditions is or becomes illegal, invalid or unenforceable in any respect, that shall not affect the legality, validity or enforceability of any other provisions of these General Conditions.
16.3. Governing Law
These General Conditions shall be governed by and construed in accordance with the laws of Malaysia and the Parties submit to the exclusive jurisdiction of the Courts of Malaysia in all matters arising out of or in connection with these General Conditions.
UPDATE: APRIL 2021