GENERAL TERMS AND CONDITIONS OF USE
1.1 These are the General Terms and Conditions of Use for www.decathlon.my and play.decathlon.my (collectively, the “Website”). The Website is operated by Decathlon Malaysia Sdn Bhd, a company incorporated in Malaysia under the Registration No. 201401034750 (1110849-T) and with its registered office at Unit No. L25-1, Level 25, TSLAW Tower, No. 39, Jalan Kamuning, 55100 Kuala Lumpur, Wilayah Persekutuan Kuala Lumpur, 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”).
1.2 Users of the Website (“Customer”, “User”, “you” and “your”) will be subject to these General Terms and Conditions of Use. Decathlon and the User shall collectively be referred to as “Parties” and “Party” shall refer to any of them, as the context may require.
1.3 These General Terms and Conditions of Use consist of miscellaneous provisions, which shall be applicable to all Users of the Website, terms and conditions of sale on www.decathlon.my, which shall be specifically applicable to Users of www.decathlon.my and terms and conditions of use of play.decathlon.my, which shall be specifically applicable to Users of play.decathlon.my.
1.4 By using the Website, you agree to be bound by these General Terms and Conditions of Use.
1.5 These General Terms and Conditions of Use 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 Terms and Conditions of Use.
2. REPRESENTATIONS AND WARRANTIES
2.1 By using the Website and utilizing the services available via the Website:
- You represent and warrant that you are over 18 years of age;
- You have the legal capacity to abide by these General Terms and Conditions of Use and to form a binding contract;
- You undertake to accept and be bound by these General Terms and Conditions of Use 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 you are authorized to provide the personal data necessary and all personal data provided to Decathlon is true and accurate;
- You are authorized to use the payment method you will provide for placement of orders
These Terms and Conditions of Sale (hereinafter referred to as the “T&C of Sale”) apply exclusively between Decathlon and any Customer placing an order on Decathlon's website – www.decathlon.my (“Decathlon.my”).
These T&C of Sale governs the supply of any product or services on Decathlon.my (“Products”) to the Customer. By accessing and/or using the Decathlon.my and/or purchasing the Products, you are deemed to have agreed to be bound by these T&C of Sale and any amendments as well as issued by us from time to time.
3.1 A Customer who wishes to purchase Products shall place an order through Decathlon.my (“Order”).
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 Decathlon.my.
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 Decathlon.my at the time you make payment for your Order.
4.4 Decathlon.my contains a large number of Products. It is always possible that despite Decathlon's reasonable efforts, some of the Products on Decathlon.my 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 Decathlon.my 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 Decathlon.my. All transactions made on Decathlon.my are secured using the Secure Socket Layer (SSL) technology.
5.2 You undertake that the card or account used for payment on Decathlon.my 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 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.
8.1 Where do we deliver?
The Website 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 or Click and Collect in Decathlon Stores. These delivery options are specified during the process of your Order and explained as well in the main page of Decathlon.my: Delivery.
8.3 In case of Home Delivery:
- you will receive a “Delivery Confirmation” email with the tracking number of your delivery.
- 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.
- 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.
- 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.
- 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.
8.4 In case of Click and Collect:
- Your order will be ready for collection within 24 hours from the time the order was placed. You will receive an email notifying you of such (“Ready to Collect e-mail”).
- Please collect your order promptly during your preferred stores’ operating hours. Your order must be collected within 7 days from the time the Ready to Collect email is sent, failing which, the order will be restocked and you will be refunded the cost of your order.
- If part of or the whole of your order is not available in your preferred store, you will have three options:
- to wait for the whole order to be available in your preferred store. In such case, you will be notified of the estimated date when your order will be ready for collection;
- to replace the item that is not available with another item of the same price;
- to collect only the items that are available in your preferred store and you will be refunded the cost of the items that are not available.
- To collect the order, you must present a copy of the Ready to Collect e-mail at the customer service desk of your preferred store. Alternatively, you may ask someone else to collect the order on your behalf. He/She will need to present a copy of the Ready to Collect e-mail.
- Please note that Click and Collect will not be available for voluminous items. Free home delivery is offered for voluminous items.
9. DECATHLON'S PRODUCTS
9.1 The pictures of the Products on Decathlon.my 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 Decathlon.my in relation to the Products are accurate,
- the Website is updated regularly; and
- errors are corrected within a reasonable time of discovery.
Decathlon reserves the right to make changes to Decathlon.my at any time including the Product prices, specifications, descriptions, offers and availability.
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 Decathlon.my;
- 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 Decathlon.my);
- 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 Decathlon.my may be returned to Decathlon for a refund subject to the following:
- Products must be returned 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 based on our assessment, taking into consideration factors such as the condition of the Products and length/frequency of use.
10.2 The Customer can initiate a request to return the Products by:
- reaching out to the Decathlon Customer Service team (contact details can be obtained via the "Contact Us" section on the Website); or
- filling out the form that can be found on the “Online Returns” page on the Website.
10.3 The Customer may return Products purchased online for a refund:
- at any Decathlon Malaysia's physical stores in Malaysia; or
- by courier.
The Customer will be responsible for the shipping costs of Products returned by courier. 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 return form leaflet completed with all necessary details. After shipping the Products, the Customer must provide the Decathlon Customer Service team with the airway bill or tracking number for traceability purposes.
10.4 The Products will be inspected once received and in the event the Products are not eligible for a refund 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 refund.
10.5 Products which are eligible for a refund 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.
10.6 If Decathlon has sent you an incorrect or defective item or a Product has been mis-described on Decathlon.my, and you would like to return it, either a refund or an exchange will be offered. In this event, 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 Decathlon.my) 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 Decathlon.my 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 The Customer can initiate a request to return a defective Product by:
- reaching out to the Decathlon Customer Service team (contact details can be obtained via the "Contact Us" section on the Website); or
- filling out the form that can be found on the “Online Returns” page on the Website.
11.6 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”.
11.7 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 Decathlon.my
12. USER-GENERATED CONTENT
12.1 Decathlon does not claim ownership of the content you provide to Decathlon (including product reviews, ratings, suggestions, pictures) or post, upload or submit to Decathlon.my for review by the general public, or by the members of any public or private community (collectively, “User-Generated Content”).
12.2 Any User-Generated Content posted, uploaded or submitted on Decathlon.my 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.
12.3 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 Decathlon.my 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 Decathlon.my.
12.4 You agree that any User-Generated Content that you post, upload or submit to Decathlon.my:
- 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.
12.5 You agree that you shall not post, upload or submit to Decathlon.my, 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 Decathlon will determine, in its own discretion, whether there has been a breach of this Clause 12 through your use of Decathlon.my 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 Decathlon.my at any time and for any reason and/or your right to use Decathlon.my;
- 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).
These Terms and Conditions of Use (hereinafter referred to as the “TOU”) apply exclusively between Decathlon and any User accessing and/or using Decathlon's website – play.decathlon.my (“PLAY”).
By accessing and/or using PLAY, you are deemed to have agreed to be bound by the TOU and any amendments issued by us from time to time.
13. USER CONTENT
13.1 PLAY, from time to time, may allow you to upload content (including articles, videos, comments, and other forms of content) and may also allow you to communicate that content either to selected recipients or in public areas such as the front page, the pages containing articles, comments pages, chat rooms, message boards, and/or news groups (collectively, “User Content Areas”).
13.2 We do not control the material submitted to User Content Areas (collectively, “User Submissions”), nor are User Content Areas actively moderated.
13.3 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 not our views.
13.4 If you participate in any User Content Areas, you must:
- keep all User Submissions relevant to the purpose of the User Content Area and the nature of any topic;
- ensure your User Submission comply with the User Submission Content Standards set out in paragraph 13.5;
- 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 unauthorized advertising; and
- not impersonate, or misrepresent an affiliation with, any person or entity.
13.5 User Submission Content Standards:
- If you submit a User Submission, you shall ensure that the content of your User Submission must:
- be accurate (where it states facts);
- be genuinely held (where it states opinions); and
- comply with the law applicable in Malaysia and in any country from which it is posted.
- Your User Submission shall not:
- be defamatory of any person;
- be obscene, offensive, hateful or inflammatory;
- promote sexually explicit material;
- promote violence;
- promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
- infringe any copyright, database right or trademark of any other person;
- be likely to deceive any person;
- breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
- promote any illegal activity;
- be in contempt of court;
- be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety;
- be likely to harass, upset, embarrass, alarm or annoy any other person;
- impersonate any person, or misrepresent your identity or affiliation with any person;
- give the impression that the content emanates from Decathlon, if this is not the case;
- advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse;
- contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism; or
- contain any advertising or promote any services or web links to other sites.
13.6 You agree that, by submitting any User Submission, you grant us and the Decathlon Group a perpetual, irrevocable, worldwide, non-exclusive, royalty-free and fully sub-licensable right and licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Submission (in whole or part) and/or to incorporate it in other works in any form, media or technology, and you waive any moral rights you may have in, or to be identified as the author, of such User Submission.
13.7 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.
13.8 Complaints about the content of any User Submission must be sent to [email protected] and must contain details of the specific User Submission giving rise to the complaint.
14.1 By registering for any events and/or services (“Activity”) available on PLAY, you and/or participants of the Activity (collectively referred to as “Participant”) are deemed to have understood, accepted and agreed to abide by this TOU.
14.2 All Participant are required to be 18 years and above at the time of registration. Participants below the age of 18 years are required to seek parental/guardian consent to participate in any Activity and are prohibited from registering for Activities on PLAY. Parents/guardians must register for the Activity on behalf of participants who are below the age of 18 years. Parents/guardians who register for Activities on behalf of their children or dependants shall ensure that they are able to legally provide consent on behalf of their children or dependants. Parents/guardians will also be responsible for ensuring that all rules, instructions, terms and conditions imposed by Decathlon for participation in the Activity shall be respected and followed by their child.
14.3 Participants declare that they are in good health and have not been infected by any virus, disease or sickness. Participants are responsible for their own wellbeing and must take precautions to ensure that social distancing, sanitization and face masks are used in accordance with precautionary measures as prescribed under the law are followed.
14.4 Participants must be sufficiently fit and able to take part in the Activity, which is physical in nature, and has not been advised otherwise by a qualified medical professional.
14.5 Participants agree to comply with all the rules and regulations as stipulated in the description of the Activity or given during the day of the Activity, including but not limited to the requirement of appropriate sports attire and/or footwear, usage of applicable protective equipment, usage of the equipment and instructions for the Activity.
14.6 We will use photos and videos which are captured during the Activity for our communications, both online and offline. Participants declare that they have no objection to such usage of the photos and videos and will not claim any compensation or any form of payment for such use of the photos and videos. We may modify the photos and videos to suit the purpose and reach of the posting and display.
14.7 While we make every effort to ensure the safety of Participants, Participants understand that participation to the Activity involves a risk of injury, death and/or a risk of damage to property belonging to others and/or to the Participants. In consequence, Participants agrees to release, waive and discharge Decathlon, partners and its employees, from and against any claims, damages, expenses, actions and causes of action, whether in law or in equity, in respect of any accident, injury, death, loss, economic loss or damages or other consequences suffered by Participants or any other person, arising or resulting directly or indirectly from the participation at the Activity to the fullest extent permitted by law.
14.8 Participants also agree to indemnify fully, defend and hold harmless Decathlon, partners and its employees from and against any claims, causes for action, damage, liabilities, fines imposed, fees (including legal fees), costs and expenses incurred by them as a result of the acts, omissions, misconduct, default, or negligence during the Activity.
14.9 Decathlon is not responsible for any cancellation, interruption or postponement of any Activity. As such, Decathlon will not be responsible for any loss or inconvenience caused.
15.1 Payment for Activity may be made via any of the payment options available on PLAY. All transactions made on PLAY are secured using the secure socket layer (SSL) technology.
15.2 You undertake that the card or account used for payment on PLAY is your own or and that there are sufficient funds or credit facilities to cover the cost of the Activity.
15.3 Prices of Activities displayed on PLAY are in Malaysian Ringgit (MYR) and unless specified otherwise, shall include all applicable taxes. The prices displayed shall not include the cost of any additional services that you have selected unless it is specifically mentioned in the description of the Activity that the price shall be inclusive of the additional services.
15.4 Prices of Activities as displayed on PLAY may be subjected to technical issues or typographical errors. The description of the Activity including but not limited to fees and availability may be incorrectly reflected. In such an event, we may cancel your registration or purchase.
15.5 All payments made for the Activity shall be in Malaysian Ringgit (MYR). If your 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 avoidance of doubt, we 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.
15.6 Once we have received the funds in relation to your registration for the Activity, you will receive an email from us or from our authorized service provider confirming payment.
15.7 We reserve the right to refuse, cancel, or restrict the number of registrations and purchases that you have made or seek to make.
GENERAL LEGAL PROVISIONS
16. ACCESS AND USE OF WEBSITE
16.1 Access of Website
16.1.1 It is your responsibility to ensure your equipment (computer, laptop, netbook, tablet or other mobile device) meets all the necessary technical specifications to enable you to access and use the Website and is compatible with the Website.
16.1.2 Unavailability of features, parts, or content:
- We cannot guarantee the continuous, uninterrupted or error-free operability of the Website;
- There may be times when certain features, parts or content of the Website, become unavailable (whether on a scheduled or unscheduled basis) or are modified, suspended or withdrawn by us, in our sole discretion, without notice to you;
- You agree that we will not be liable to you or to any third party for any unavailability, modification, suspension or withdrawal of the Website, or any features, parts or content of the Website.
16.2 Use of Website
16.2.1 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.
16.2.2 Except to the extent expressly set out herein, you are not allowed to:
- 'scrape' content or store content of the Website on a server or other storage device connected to a network or create an electronic database by systematically downloading and storing all the content of the Website;
- remove or change any content of the Website or attempt to circumvent security or interfere with the proper working of the Website or the servers on which it is hosted;
- use any part of the content on the Website for commercial purposes without obtaining a license to do so from us or our licensors;
- modify the physical or electronic copies of the content of the Website you have printed, copied, or stored; or
- create links to the Website from any other website without our prior written consent, although you may link from a website that is operated by you provided the link is not misleading or deceptive and fairly indicates its destination, you do not imply that we endorse you, your website, or any products or services you offer, you link to (and do not frame or replicate) the home page of the Website, and the linked website does not contain any content that is unlawful, threatening, abusive, defamatory, pornographic, obscene, vulgar, indecent, offensive or which infringes on the intellectual property rights or other rights of any third party;
- transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);
- 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; or
- use the Website in any way that breaches any applicable law, regulation or rule;
- use the Website in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
17.1 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.
17.2 We may change the format and content of the Website from time to time. You agree that your use of the Website is on an 'as is' and 'as available' basis and at your sole risk.
17.3 Whilst we try to make sure that all information contained on the Website (other than any User-Generated Content and/or User Submission) is correct, it is not intended to amount to authority or advice on which reliance should be placed. You should check with us or the relevant information source before acting on any such information.
17.4 Decathlon makes no re7resentations, warranties or guarantees, whether express or implied, as to the accuracy, completeness, currency, correctness, reliability, integrity, quality, fitness for purpose or originality of any Content of the Website and, to the fullest extent permitted by law, all implied warranties, conditions or other terms of any kind are hereby excluded and we accept no liability for any loss or damage of any kind incurred as a result of you or anyone else using the Website or relying on any of its content. Decathlon reserves the right, in its sole discretion, to amend, modify, update, change or otherwise alter the Content at any time without providing notice.
17.5 We cannot and do not guarantee that any Content of the Website will be free from viruses and/or other code that may have contaminating or destructive elements. It is your responsibility to implement appropriate IT security safeguards (including anti-virus and other security checks) to satisfy your particular requirements as to the safety and reliability of content.
17.6 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.
18. INTELLECTUAL PROPERTY RIGHTS
18.1 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.
18.2 All intellectual property rights in any Content of the Website (including text, graphics, software, photographs and other images, videos, sound, trademarks and logos) are owned by Decathlon or our associated/affiliated companies or our licensors and except where expressly permitted by us, you may not use, reproduce, copy, modify, publish, transmit, distribute, display, download, licence, transfer or sell any Content.
18.3 Nothing in these General Terms and Conditions of Use gives you any rights in respect of any intellectual property owned by us or our associated/affiliated companies or our licensors and you acknowledge that you do not acquire any ownership rights by downloading Content from the Website. If you print off, copy or store pages or Content from the Website (only as permitted by these General Terms and Conditions of Use), you must ensure that any copyright, trademark or other intellectual property right notices contained in the original Content are reproduced.
19. DISCLAIMER AND LIMITATION OF LIABILITY
19.1 Decathlon assumes no liability or responsibility for:
- errors, mistakes or inaccuracies of the Content, User-Generated Content, User Submission, 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 or User's access to and use of or reliance on any Content, User-Generated Content, User Submission, 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, User Submission, 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.
19.2 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.
19.3 Use and reliance upon any and all of the Content, User Submission 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 Submission, User-Generated Content, Products or any other items or material made available or linked to from the Website.
20.1 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.
21. FORCE MAJEURE
21.1 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.
21.2 Decathlon shall not be liable for any failure or delay in performing its obligations under these General Terms and Conditions of Use 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.
21.3 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.
21.4 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.
22.1 When we consider that a breach of these General Terms and Conditions of Use has occurred, we may take such action as we deem appropriate.
22.2 A material breach of these TOU may result in:
- immediate, temporary or permanent withdrawal of your right to use the Website;
- immediate, temporary or permanent removal of any User-Generated Content and/or User Submissions uploaded by you to the Website;
- legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
- further legal action against you; or
- disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.
22.3 We exclude our liability for all action we may take in response to breaches of these General Terms and Conditions of Use. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.
23. PERSONAL INFORMATION
24. REMEDIES AND WAIVERS
24.1 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 Terms and Conditions of Use shall be deemed as a waiver of such right, remedy or power. The rights provided under these General Terms and Conditions of Use 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.
25.1 If at any time, any provisions of these General Terms and Conditions of Use 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 Terms and Conditions of Use.
26. GOVERNING LAW
26.1 These General Terms and Conditions of Use 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 Terms and Conditions of Use.
As at: 3th May 2023