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DECATHLON PRO : GENERAL TERMS AND CONDITIONS OF SALES

  1. INTRODUCTION
    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. 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”, “we” or “us”), and any person making a corporate purchase with us via Decathlon's business-to-business unit, DecathlonPRO (hereinafter referred to as the “Customer”, “you” or “your”).
    2.  DecathlonandtheCustomershallcollectivelybereferredtoas“Parties”and“Party”shall refer to any of them, as the context may require.
    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.
    4.  These General Conditions, together with the General Terms and Conditions of Use and Privacy Policy, govern and apply to the relationship between the Parties and the supply of any product or services to the Customer (“Products”). In the event of discrepancies, these General Conditions shall prevail.
  2. REPRESENTATIONS AND WARRANTIES
    1.  By purchasing the Products, you are deemed to have agreed to be bound by these General Conditions, the Privacy Policy and any amendments issued by us from time to time and:
      1.  You represent and warrant that you are over 18 years of age;
      2.  You have the legal right, full power and authority to abide by these General Conditions and to form a binding contract;
      3.  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;
      4.  You represent and warrant that all information provided to Decathlon in connection with orders placed is true and accurate;
      5.  You are authorized to use the payment method you will provide for placement of orders;
      6.  You undertake that there are sufficient funds or credit facilities to cover the cost of the orders;
      7.  You are authorized to make purchases on behalf of the business, which shall include but shall not be limited to any company/sole proprietor/organization/school/club, that you are representing;
      8.  You represent and warrant that purchases are for the exclusive use of the organisation that you represent and you and/or the organization undertakes not to resell the products purchased.
  3. ORDERS
    1.  A Customer who wishes to purchase Products shall notify Decathlon in writing, via email at mydecapro@decathlon.com or text message at 012-2285208 or by submitting a form available on Decathlon.my (hereinafter referred to as the “Website”) to the DecathlonPro team. The notification in writing shall include, amongst others, your selected items or if you are unsure of which products best suits your needs, a list of your requirements so that we may assist in advising on suitable products and if you require the products to be customised.
    2.  Upon confirmation of Products to be purchased, a quotation will be issued. The quotation shall contain but shall not be limited to the following:
      1.  specifications of products to be purchased (including item code, colour and size);
      2.  quantity of products;
      3.  price per unit of products;
      4.  details of customisation (if any);
      5.  delivery fees (if applicable);
      6.  total price to be paid.
    3.  You will be required to provide a written confirmation of the Products you wish to purchase, your contact details and mode of delivery of the Products to the DecathlonPro team via email or text message within 30 days of the date of the quotation (“Order”), failing which the terms in the quotation will lapse.
    4.  Upon receipt of the Order, an invoice will be sent to you via email or text message and you will be required to make payment for the Order in accordance with the payment terms and via the payment method provided in the invoice (“Order Confirmation”). After payment has been made, an official receipt can also be issued to you upon request.
    5.  The Order Confirmation means that Decathlon has accepted your Order, which will then form a binding contract between the Parties. Changes and/or cancellation to the Order will not be allowed after Order Confirmation has been issued.
    6.  If the Products ordered is not available, you will be notified accordingly. We may replace the Products unavailable with a similar Products of similar quality or to postpone the delivery of the Products.
  4. PRICES
    1.  You may refer to the Website for prices of Products.
    2.  Products prices are displayed on the Website in Malaysian Ringgit (MYR).
    3.  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. Delivery charges will be included in the quotation issued.
    4.  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 the Order is made.
    5.  Products selection, prices and/or promotions offered on the Website may vary at any time from what is available or offered in Decathlon's physical locations or other e-commerce sites.
    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 Products, Decathlon will notify you in writing of this error and will give you the option of continuing to purchase the Products at the correct price or cancelling your Order. If you fail to revert with your instructions within seven (7) days from the date of notification, 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 Products to you at the incorrect (lower) price.
  5. METHOD OF PAYMENT
    1.  Payment of the Order shall be in accordance with the payment terms and payment method listed in the Order Confirmation.
    2.  Customers may make payment for Orders via the following methods: Credit or debit card, or bank transfer.
    3.  If you have chosen to make payment via bank transfer, details of the recipient and the bank account will be provided in the invoice. You will be required to provide proof of payment, which can be the remittance slip, bank in receipt, or proof of deposit of cheque(s), without which, your Order will not be processed. Payment must be made within the time limit as defined in the Order Confirmation. Failure to do so shall result in cancellation of your Order.
    4.  If you have chosen to make payment via credit or debit card, you will be required to make the payment physically at Decathlon KL City Centre.
    5.  If you are a Customer whose credit or debit card is not denominated in Malaysian Ringgit (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.
    6.  Decathlon reserves the right to reject an Order in the event of a payment dispute.
  6. DELIVERY/SELF-COLLECTION
    1.  We deliver to across Malaysia.
    2.  You may choose between delivery to your designated address (“Delivery”) or self- collection from one of Decathlon's physical stores (“Self Collection”). These delivery options will be specified prior to issuance of quotation.
    3.  Your Order will be ready to be despatched within four (4) to seven (7) working days after confirmation of payment. As soon as your Order is ready to be despatched, Decathlon will send a written confirmation to you confirming that your Order has been shipped and is on the way to the place of delivery you mentioned in your Order together with the tracking number (“Delivery”) or that your Order is ready for collection at whichever store location you chose (“Ready for Collection”).
    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 despatched.
    5.  The delivery time given (if any) is an estimate. 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 the delivery.
    6.  Unless otherwise agreed by the Customer, the Products will be delivered to the delivery address provided in your Order. In this regard, Decathlon reserves the right to accommodate any specific delivery instructions. On delivery of your Products, you will be required to acknowledge receipt of delivery of your Products and if no-one is available to take delivery of your Products, we and/or the appointed carrier will contact you to reattempt delivery of the Products but the additional costs will be borne by you (if any). In the event that the second attempt of delivery of Products to your delivery address is still unsuccessful, we will notify you to collect the Products from a Decathlon store.
    7.  Check your Products upon receipt! 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 in writing to us.
    8.  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.  An additional fee (“Urgent Order Fee”) may be imposed for Orders which you require to be delivered on an urgent basis. For avoidance of doubt, urgent delivery of Orders shall only be applicable for Orders to be delivered within West Malaysia and shall not be available for Orders to be delivered to East Malaysia. The Urgent Order Fee applicable shall be agreed to prior to the Order Confirmation.
  7. TRANSFER OF TITLE AND RISK
    Title to and risk of accidental loss of the Products purchased passes to the Customer upon issue of the Delivery or Ready for Collection email or text message. 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. PROOF OF ORDERS AND PAYMENT
    In the absence of proof to the contrary, the invoices issued and all correspondences via email and/or text messages sent and received will constitute proof of all transactions entered into between Decathlon and you. In accordance with the applicable regulations, all information is stored securely in a reliable medium.
  9. DECATHLON'S PRODUCTS
    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 from those pictures.
    2.  Decathlon has made every effort to ensure that:
      1.  all information published on the Website in relation to the Products are accurate,
      2.  the Website is updated regularly; and
      3.  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.
  10. RETURN POLICY
    1.  Products purchased via DecathlonPRO cannot be returned to Decathlon except where products are found to contain defects and/or Decathlon has delivered the wrong quantity, size or specifications. Such returns shall be subject to the following conditions:
      1.  Products must be returned and received by Decathlon within ninety (90) days from the date of receipt of purchase;
      2.  Products must be unused, unassembled and with labels intact;
      3.  Products that are deemed to be intentionally damaged or not properly maintained or, used outside of their intended means are exempted;
      4.  The original invoice must be provided as proof of payment.
      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. In the event a return is accepted, Decathlon reserves the right to choose the solution offered.
    2.  If you fulfil the conditions in 10.1, you shall submit a written request to notify the DecathlonPRO team that you wish to return the Products, specifying the defects of the Products and/or if Decathlon has delivered the wrong quantity, size or specifications, attaching photos and/or videos of the Products which you wish to return. The DecathlonPRO team will then inform you whether the Products are eligible for a return.
    3.  If the Products are eligible for a return, the DecathlonPRO team will inform you:
      1.  10.3.1. on how to proceed, which include, the particulars of how to return the Products; and
      2.  10.3.2. whether Decathlon will proceed to (i) exchange the Products with the same Products or with a similar Products of similar quality; or (ii) to refund the amount of the Products based on the original mode of payment for the Order of the Products.
    4.  The Products may be returned (i) by way of collection of the Products from the Customer's delivery address at a date and time fixed by Decathlon; or (ii) by post where the Customer will be required to post the Product(s) to a location designated by Decathlon at the Customer's own costs.
    5.  Returns shall be performed by the Customer only, and not beneficiaries of the Products.
    6.  Returns are not allowed if there are no defects to the Products, but you simply changed your mind.
  11. CUSTOMISED PRODUCTS
    1.  The Products which you wish to purchase/have purchased may be customised (“Customised Products”) upon request. We reserve the right to accept or reject the request for customisation of the Products.
    2.  You warrant and represent that you have the necessary rights and permissions to use any submitted artwork, logo, design, words or any combination thereof submitted to us to be printed on any Products, and that such use does not and will not violate the intellectual property rights (including, but not limited to, trademark, copyright or patent rights) of any other entity or person.
    3.  We shall begin with the production of a sample of the Customisation Products after we confirmed that payment has been made.
    4.  Once a sample of the Customised Products is ready, we will send you a photo of the said sample. You shall provide us with a confirmation that we may proceed with the production of the Customised Products based on the said sample before we begin with the production of the Customised Products. Any delays in your confirmation may also result in the estimated completion date of the Customised Products being delayed.
    5.  In the event that you wish to change the details of the customisation after the production of the sample, you shall submit to us a request for change particularising the change, in writing (“Request for Change”). We reserve the right to accept or reject the Request for Change. In the event we accept the Request for Change, we may charge you the additional cost of any such changes arising out of the Request for Change and will notify you of the costs. We also reserve the right to change the estimated completed date.
    6.  The estimated completion date for the Customised Products is between seven (7) to thirty (30) working days from the date of confirmation of payment, depending on the complexity and scope of the customisation.
    7.  There shall be no returns allowed for Customised Products. Notwithstanding this, if you discovered material errors in the Customised Products, you may submit a request for returns within seven (7) working days of your receipt of the Customised Products. The DecathlonPRO team will then inform you on how to proceed. In the event, Decathlon reserves the right to accept or reject the request for returns. If the returns is accepted, Decathlon reserves the right to choose the solution offered.
    8.  For the avoidance of doubt, the Returns Policy in clause 10 shall not apply for Customised Products.
    9.  No cancellations are allowed for any orders for Customisation Products.
  12. GIFT CARDS
    1.  The terms and conditions of use of gifts cards as provided on the Website shall be applicable and your purchase of gift card(s), whether physical or electronic, via DecathlonPRO (the “Gift Card”), redemption or attempted redemption of the Gift Card constitutes your acceptance to be bound by such terms and conditions.
    2.  In the event of any inconsistency between the terms and conditions of use of gift cards as provided on the Website and this General Conditions, this General Conditions shall take priority.
    3.  The Gift Card is not interchangeable with cash and e-Vouchers.
    4.  The Gift Card is valid for 2 years from the date of activation. The activation of the Gift Card is within ten (10) working days from the date of payment. The Customer will receive a notification when the Gift Card is activated.
    5.  The minimum amount on the Gift Card is RM10 and can be purchased in the multiples of RM10. The maximum amount that can be loaded on a Gift Card is RM1,000.
    6.  We offer both physical Gift Card and electronic Gift Card.
    7.  We offer both physical and electronic gift cards:
      1.  Physical Gift Cards
        if you have opted for Delivery of the Gift Card, you will receive a “Delivery” confirmation via email or text message within ten (10) working days from the date of payment to inform you that your Gift Card is out for delivery.
        if you have opted for Self-Collection of the Gift Card, you will receive a “Ready for Collection” via email or text message within ten (10) working days from the date of payment, to inform you that the Gift Card is ready to be collected at a Decathlon store as agreed between parties.
        The transfer of title and risk of accidental loss of the physical Gift Card passes to the Customer upon issue of the Delivery Confirmation or Ready for Collection email or text message.
      2.  Electronic Gift Cards
        The electronic Gift Card is issued electronically and delivered via email. The electronic Gift Card will be delivered via email within ten (10) working days from the date of receipt of payment, to the email address(es) you have provided to us.
        The transfer of title and risk of accidental loss of electronic Gift Card passes to the Customer upon delivery of electronic Gift Cards via email.
    8.  The Gift Card shall not be applicable for purchases via DecathlonPRO.
    9.  Decathlon reserves the right to amend the terms and conditions for Gift Card at any point.
  13. E-VOUCHERS
    1.  The terms and conditions of use of E-Voucher shall be applicable and your purchase of E-Voucher, via DecathlonPRO (the “E-Voucher”), redemption or attempted redemption of the E-Voucher constitutes your acceptance to be bound by such terms and conditions.
    2.  In the event of any inconsistency between the terms and conditions of use of E-Voucher as provided and this General Conditions, this General Conditions shall take priority.
    3.  The E-Voucher is not interchangeable with cash and Gift Cards.
    4.  The E-Voucher is valid for 2 years from the date of activation. The activation of the E- Voucher is within ten (10) working days from the date of payment. The Customer will receive a notification when the E-Voucher is activated.
    5.  The minimum amount on the E-Voucher is RM10 and can be purchased in the multiples of RM10. The maximum amount that can be loaded on an e-Voucher is RM1,000.
    6.  The E-Voucher is issued electronically and delivered via email. The E-Voucher will be delivered via email within ten (10) working days from the date of receipt of payment, to the email address you have provided to us.
    7.  The transfer of title and risk of accidental loss of E-Voucher passes to the Customer upon delivery of electronic Gift Cards via email.
    8.  The E-Voucher shall not be applicable for purchases via DecathlonPRO.
    9.  Decathlon reserves the right to amend the terms and conditions for E-Voucher at any point.
  14. ACCESS AND USE OF WEBSITE
    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.
    2.  Use of Website
      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.
      1.   You may not use the Website:
        1.  In any way that breaches any applicable law, regulation or rule;
        2.  In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
        3.  To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); or
        4.  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.
  15. DISCLAIMER AND LIMITATION OF LIABILITY
    1.  Decathlon assumes no liability or responsibility for:
      1.  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;
      2.  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;
      3.  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);
      4.  any interruption or cessation of transmission to or from the Products provided on the Website or any linked third party website(s);
      5.  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);
      6.  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.
    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.
    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.
  16. INDEMNITY
    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:
      1.  any claim made by any third party due to or arising out of any Content posted by the Customer on the Website;
      2.  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
      3.  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.
  17. FORCE MAJEURE
    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.
    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 and we will notify the Customer as soon as reasonably practicable upon knowing that we will not be able to fulfil its obligations.
    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.
    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.
  18. GENERAL LEGAL PROVISIONS
    1.   Notices
      Any notices required to be given to Decathlon shall be in writing by email to mydecapro@decathlon.com or text message at 012-2285208 or such other email address or phone number as may be designated. Any notices required to be given to the Customer shall be given to the Customer's contact details set out in the Order Confirmation.
      A notice shall be deemed to have been served where the email or text message is sent during a Business Day (hereinafter defined as a day other than Saturday, Sunday and gazetted public holidays in Kuala Lumpur and Selangor), by 5pm on the day the email or text message was sent. Where the email or text message is sent on a non-Business Day, the email or text message will be deemed to be received on the next Business Day.
    2.   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.
    3.   Illegality
      If at any time, any provisions of these General Conditions are 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.
    4.   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.
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