Last Updated: June 2021
TERMS AND CONDITIONS OF MEMBERSHIP
ABOUT THE PROGRAM
A Membership Program has been established by Decathlon New Zealand. The Membership Program is designed to build a community of sports loving people around Decathlon products and services and offer them exclusive membership benefits. These terms and conditions apply to the Membership Program. By submitting a Membership application, you agree to be bound by these terms and conditions.
In these terms and conditions, the following definitions apply:
"Decathlon" means Decathlon New Zealand Limited (company number: 7110978, NZBN: 9429047114173).
“Decathlon Group” means Decathlon SE and any Decathlon SE subsidiary held directly or indirectly to an extent of at least 10% of the voting rights cast in the annual general meeting.
“Member” means a Member of the Membership Program.
“Membership” means an individual membership of the Decathlon Membership Program.
“Membership Program” means the Decathlon membership program under which a Member will be issued a unique Decathlon Membership number.
“Terms” means the terms and condition which apply to the Membership Program, as amended from time to time at Decathlon’s discretion.
“Website” means Decathlon’s website at url: www.decathlon.nz.
“Payment” means the Payment processed by Decathlon using the credit card information provided by the Member before the beginning of the Test.
- These Terms set forth the conditions upon which Decathlon administers its Membership Program. By applying to join the Membership Program, the Member agrees to be bound by these Terms.
- These Terms are available free of charge online on the Website.
- No payment is required to become a Member.
- The Membership, and/or any benefit conferred by Membership is not transferable and cannot be sold, bought, traded, redeemed for cash in any way and can only be used by the Member who is named and registered as a Decathlon Member.
Decathlon may, at any time, decline to issue, withdraw, cancel or terminate any Decathlon Membership in whatever form, and/or remove a Member from the Membership Program where Decathlon reasonably believes there has been:
- any abuse or attempted abuse of the Membership Program;
- any fraudulent use of the Membership by the Member and/or any third party acting on behalf of the Member;
- any breach or attempted breach of these Terms;
- any inappropriate conduct relating to the Membership Program or Decathlon, for example, conduct that involves misconduct, abusive or offensive behaviour, or supplying false or misleading information.
- To the extent permitted by law, where Decathlon declines to issue, withdraw, cancel or terminate any Decathlon Membership and/or benefit, the Member shall not be entitled to any compensation of any kind whatsoever.
- A Member may leave the Membership Program at any time. By leaving the Membership Program, Members forfeit the right to any benefits already accrued or issued.
2. Membership Application
- To participate in the Membership Program, individuals must complete an application form available online - by going to the Website and clicking “My Account”.
To become a Member, an individual must complete their profile which may include:
- full name;
- his/her email address;
- phone number;
- street address;
- date of birth
- Members represent and warrant that they are 18 years or older or, if under 18, have obtained parental or guardian permission to enter into the Membership Program.
Members must keep Decathlon updated of any changes to their personal information. Decathlon cannot be held responsible for any loss incurred by inaccurate personal information. Members should ensure that any name or address changes are reported via one of the following methods:
- by logging in to the Member’s account on the Website; or
- by sending an email to firstname.lastname@example.org.
- Member represent and warrant that the information they provide in respect of their application is current, correct and true.
- The Membership Program is for personal, private and consumer use only. No Decathlon Membership and/or other benefit conferred by the Membership Program may be used for any other business transaction or commercial purpose.
- An individual may only hold one Membership.
- The Membership Program is valid on the Website. Some benefits may be subject to further terms and conditions, such as restrictions on use.
3. Benefits of the Program
Members may be entitled to take advantage of the following benefits of Membership:
- Promotional in online Vouchers. See Clause 4.
- Invitations to events held by Decathlon.
- E-Receipts for Easy Exchanges/Refund. Members are able to obtain a refund/exchange without a receipt as the details of their purchases will be registered in their Decathlon Account when presenting their Membership Number at the time of refund or echange.
- Personalised Sports Advice and Content. Regularly issued sports news, tips and other exciting content that is custom-made for Members only.
- In the unlikely event that Decathlon (or one of its suppliers) needs to send a Member an alert or notice (including a statutory notice) regarding a product they have purchased, Decathlon will be able to contact each Member who purchased the product the subject of the notice. The notification will be sent, at Decathlon’s discretion, by email or phone. Decathlon does not take responsibility if the Member details are not correct.
- Exclusive services, e.g. an extended Refund & Exchange Period to 365 days if Members are not completely satisfied with their purchase for any reason. This is in addition to any rights and remedies which may be available under New Zealand consumer law and is not intended to limit the applicability of those rights and remedies.
- The above Member benefits are determined by Decathlon from time to time and may be subject to availability and modifications. Some Member benefits, such as promotions and events, may be subject to separate terms and conditions.
- The benefits provided by Decathlon to Members, including product warranties, (which vary depending on the product), are in addition to the rights and remedies available under New Zealand consumer law when a product does not comply with a statutory guarantee, and are not intended to limit the availability of those rights and remedies. Please refer to the product webpage or product packaging (or packaging inserts) to determine the warranty term and warranty conditions.
4. Promotional Vouchers
- Decathlon may provide Members with promotional vouchers from time to time. Promotional vouchers are valid on the Website.
To receive your voucher, Members must:
- Be aged 18 or over; and
- Be a current Member of the Membership Program
- Have completed their profile in store or online and subscribed to receive our promotional material, newsletters and updates (opt out options available)
- Vouchers require a minimum purchase of $50.
- Vouchers cannot be used for shipping purposes or in conjunction with any other discount codes.
- The voucher is for one time use only and has an expiry date attached to it.
- If a refund is requested by the Member after use of the voucher then Decathlon will provide an exchange in the form of Decathlon Store Credit, which will need to be used as a one-time payment for another product.
- Vouchers cannot be used towards the purchasing of gift cards.
5. Lost or Stolen Membership Numbers
- Decathlon is not responsible for Membership numbers which are lost, stolen or fraudulently used. In the event that the Membership account is unable to be accessed or a Membership number is lost or stolen, the Member must inform Decathlon’s customer service team as soon as possible. The Member’s Membership number will be cancelled and a new Membership number will be issued.
- The Decathlon Membership account may be retrieved from the My Account page on our Website.
Liability of Members
- to create only one Membership in his/her name;
- to guarantee the accuracy of all information given to Decathlon when joining the Membership Program;
- to ensure that the data communicated to Decathlon makes it possible to contact him/her (mobile number, email), is secure and used solely by the Membership holder;
- to relieve Decathlon of liability in the event of use by an unauthorised third party of the benefits acquired by the Member as part of its Membership Program;
- to inform Decathlon of any unauthorised use of his/her Membership and of any breach of the confidentiality and security of his/her means of identification;
- The Membership is personal and non-transferrable. Consequently, the Member is responsible for their Membership, which s/he undertakes to use according to these Terms. The Member is solely liable for any use s/he may make of his/her Membership number and password, is the sole guarantor of their confidentiality, and is solely responsible of any use made of his/her Membership or Membership account.
- Members indemnify Decathlon for and against any loss or claim suffered or incurred by Decathlon arising from or in connection with a breach of these Terms.
Liability of Decathlon
- To the maximum extent permitted by the law, Decathlon shall not be liable to any Member for any damages, losses, costs and/or expenses incurred whether in contract, tort, negligence or otherwise and howsoever arising relating to the Membership Program or the Member’s use of the Membership and/or any benefit conferred on the Member by virtue of the Membership Program, including (without limitation) in respect of any delays, delivery errors, technical malfunctions, connection problems or any failure to provide a benefit.
- Nothing in this clause 6 shall affect any statutory rights that the Member has, including any rights in relation to products or services supplied by us which do not comply with the consumer guarantees contained Consumer Law in New Zealand.
7. Modifications to or Suspension of the Membership Program
- The Decathlon Membership shall be valid for the lifetime of the Membership Program unless otherwise cancelled by the Member or Decathlon.
- Decathlon reserves its right to amend the Terms at its discretion. Where material amendments are made to the Terms, reasonable notice of the amendments will be provided to Members before the amendments take effect. Amended Terms will be published on the Website. All Members that continue to use the Membership Program after a change is posted on the Website will be deemed to have accepted the updated Terms. If a Member does not accept the amendments to the Terms, s/he may cancel their Membership.
- The Member is invited to regularly review the most recent version of the Terms, accessible on our Website.
8. Collection and Protection of Personal Information
- Decathlon collects all personal information in adherence with the Privacy Act 2020.
- Decathlon is collecting your personal information to create and manage a Member account, deliver the Membership Program and its associated benefits and process orders etc. We will use your personal information to provide you with offers adapted to your sporting preferences and to monitor the quality of our products.
- We may disclose your personal information to third parties, such as our related companies in the Decathlon Group, service providers whom we have engaged to provide services on our behalf (such as payment processors, delivery services) or as required by law. Some third parties may be located overseas.
- We may use your personal information for the purposes of marketing our products, for example, to send newsletters and promotional offers about our products.
- By providing your personal information, you consent to the use of your information in this way. If you do not wish to receive our marketing materials, you can unsubscribe by clicking the unsubscribe function in any electronic communication we send or contacting us at email@example.com.
- If you would like to seek access to or correct your personal information, you can do so via your personal Membership Account available on the Website or through our customer service team at firstname.lastname@example.org.
- Decathlon will not be liable or responsible for any failure to perform, or delay in performance of any of our obligations under these Terms that is caused by events outside Decathlon’s reasonable control (a “Force Majeure Event”). Decathlon’s obligations under these Terms are suspended for the period that the Force Majeure Event continues, and Decathlon will extend the time to perform these obligations for the duration of that period.
- If any clause of these Terms, or any part of any clause, is or becomes illegal, invalid or unenforceable, then that part shall be severed and the remainder of the Terms shall continue to be in force.
- These Terms shall be governed by law of New Zealand. Each of the Member and Decathlon agrees to submit to the non-exclusive jurisdiction of the courts of New Zealand.