LAST UPDATE: 2nd August 2021
TERMS AND CONDITIONS OF USE
These Terms and Conditions of Sale (hereinafter referred to as “Terms”) apply exclusively between Decathlon New Zealand Limited (trading as Decathlon), a company registered in New Zealand (company number: 7110978, NZBN: 9429047114173) whose head office is located at: c/o TMF Group, Level 11, 41 Shortland Street, Auckland 1010 (hereinafter referred to as “Decathlon”, “we”, or “us”) and any person who accesses, uses or makes a purchase on decathlon.nz (the “Website”), (hereinafter referred to as the "Customer" or "You") and collectively referred to as the "Parties".
You confirm that you are 18 years old or older or, if you are under the age of 18, that you have received parental permission and that you have the legal capacity to enter into a contract and to subsequently place an order on decathlon.nz.
The Website delivers to Customers exclusively in New Zealand.
Should you have any questions concerning an online purchase, please contact the Decathlon Customer Service Team as stipulated below:
- By email: email@example.com
- By contacting us on our Facebook page: Decathlon New Zealand
These Terms may be varied from time to time. Accordingly, the Parties agree that their relationship will be governed by the Terms applicable on the Website on the day the order is placed on decathlon.nz. If we change these Terms, we will publish the updated Terms on our Website at https://www.decathlon.nz/pages/terms-of-use and the date of the last revision will appear at the top of this page. These Terms will apply from the date they are posted online. We encourage you to check these Terms regularly for updates and changes. By continuing to use the Website, our services and/or by continuing to make purchases on the Website, after these changes have been published on the Website, you confirm your acceptance of the changes to the Terms.
HOW TO PLACE AN ORDER ON WWW.DECATHLON.NZ?
You will be required to complete several stages when placing an order:
- Add your chosen items to your basket;
- Select a delivery method and insert your delivery details;
- Select a method of payment and insert your payment information;
- Make your payment by confirming that you wish to make the purchase;
- You will receive an e-mail from Decathlon.nz confirming that your order has been logged and another email confirming your order is being processed (the “Order Confirmation E-mail) and including an invoice for your order;
- Finally, once your order has been processed, You will receive an e-mail providing your shipping information, including a tracking number.
Generation of an Order Confirmation E-mail means that Decathlon.nz has accepted your order, which will then form the sales contract between the Parties.
Each of the emails referred to above will be sent to the email address which You have provided in when making the order.
The prices displayed by default on the Website are stated in New Zealand Dollars (NZD) and include all charges applicable in New Zealand (including GST). GST is applied at the rate applicable on the order date.
Product prices displayed on Decathlon.nz exclude postage/shipping and other optional services selected by You, for which there will be an additional charge. Any additional charges will be included in the summary of your order displayed on-screen before the order is finally confirmed and before any payment is charged.
You are hereby informed that the products and services available and the prices applicable in Decathlon stores in your country of residence, if any, do not apply to purchases on the decathlon.nz and vice versa.
You may pay for your order by bank card, using a Visa or MasterCard card or a Decathlon Gift Card. Card payments made on Decathlon.nz are secured and are processed by our Payment Service Provider (PSP), Shopify.
The total price of your order (including any GST, postage/shipping, packaging or other costs previously identified to You on the payment confirmation page) will be debited from your bank account once you complete your payment.
Your order will only be final once we have received these documents and issued a confirmation e-mail. In the absence of these documents or if the documents do not establish your identity and address, Decathlon.nz reserves the right not to confirm and process the order.
We also reserve 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 or services. If we reject your order, we will notify you promptly by email to the email address you provided when making the order.
REJECTION OF AN ORDER
Decathlon reserves the right to accept or reject your order for any reason, including (without limitation) if the requested product is not available, if there is an error in the price or the product description posted on the Website.
If We need to reject an order, You will be notified accordingly within a reasonable time.
PROOF OF ORDERS AND PAYMENT
In the absence of proof to the contrary, our electronic databases and those of our service providers that are kept under adequate security conditions will constitute proof of all transactions entered into between the Parties. In accordance with applicable regulations, we store orders in a reliable medium. If You have an account on our Website, You may also access orders placed by You on Decathlon.nz by going to My Account. In all cases, Decathlon advises Customers to retain their order confirmation e-mail.
Our product offers apply for as long as they remain visible on the Website, except when special offers are available, in which case the term of validity of those offers will be stipulated on the Website. You are advised to check the availability of items on the relevant product information page. Availability of products on the Website is aimed to be accurate, but errors can occur.
If an item ordered is not available, we reserve the right to cancel the order, in which case You will be notified accordingly.
If You place an order for several products one of which is unavailable, we will inform You accordingly. The rest of the order will be processed and dispatched to You within the time limit indicated on the Website.
You may also choose to cancel your entire order, in which case, You must inform our customer services department by e-mail using the following email address: firstname.lastname@example.org.
Decathlon may during a particular time restrict the quantity of products ordered through our Website. If We do so, We will communicate to You and provide a full refund of the total order, or lower the quantities to an acceptable quantity. You will be notified within a reasonable time and We will refund the whole order or part of the order, if You have not breached the Terms.
WHERE DO WE DELIVER?
Products are delivered to the address provided by you in your order, exclusively in New Zealand.
Delivery is done by our courier partners. Delivery times, prices, and conditions are provided by these partners. They include New Zealand Post and couriers. You accept that the risks associated with delivery times, conditions and the handling of the products are not within Decathlon’s control and the liability are passed on to our courier partners at the time of delivery.
An item is considered bulky if it is greater than 1 metre in length or heavier than 10kg. Bulky items do not receive any free shipping benefits.
4- EXCHANGES AND RETURNS
The Decathlon return policy is not intended to limit or exclude any rights and remedies which may be available to You under the New Zealand Consumer Law if there is a breach of any statutory guarantee contained in the New Zealand Consumer Law.
At Decathlon we pride ourselves on the quality of our products and our dedication to customer satisfaction.
When returning unwanted goods you can choose to be refunded or to exchange. In this case we will refund or exchange your item on the condition that the items are:
- Unused: Not worn, damaged or used.
- Original packaging: Must have the original packaging with all accessories, tags attached and not ripped off or cut off, packaging must be intact with all stickers.
Please note that we will not accept:
- products purchased in clearance sale (all products purchased in clearance are final sales and no exchanges or returns will be accepted)
- products that are deemed to be damaged by You or not properly maintained
- products used outside of their intended means
- products subject to normal wear and tear
- Climbing products such as ropes, carabiners, belay devices, harnesses, quickdraws. (This is a non-exclusive list).
- Swimwear, underwear briefs or face coverings for hygiene reasons
Based on our assessment (condition of the product and length/frequency of use), our Decathlon team retains the right to accept or refuse the return, and in the case of a return, may choose the adapted or appropriate solution (for example repair, exchange, partial or full refund).
Please refer to Warranties and After-Sales service below for further information regarding the return and exchange of faulty products.
In both cases, you will need to provide your Decathlon Membership and a proof of purchase.
Decathlon will proceed to return or exchange based on the price that the product was initially purchased at.
This policy applies only to any purchase made on the Decathlon New Zealand website.
EXERCISING THE RIGHT TO EXCHANGE/RETURN
To return your online order by post, please contact our Customer Service Team via this email address: email@example.com. One of our team members will provide you with a return label and information on how to book a free collection of your product(s) from your home address or your work address. You should package your item carefully and attach the return label provided.
Only returned items that are complete, in perfect or original condition, in their original packaging and accompanied by a return number will be accepted. Otherwise, the return will be deemed non-compliant and you will not receive a refund from Decathlon. If your refund request is rejected, You will be notified by Decathlon promptly.
Costs of shipping for a return / exchange: The cost of returning any unwanted product, for an exchange or a refund, will be at Decathlon’s expense.
WHEN WILL I RECEIVE A REFUND ON MY ORDER IF I EXERCISE THIS RIGHT?
- Return for refund: If you follow the returns procedure described above, you will be refunded within 7 business days of the date of receipt of the returned items by Decathlon. You will be refunded directly to the account connected to your bank or credit card.
- Return for an exchange: Please be mindful that the time of exchange process will vary based on the location. Please contact our Customer Service Team via email (firstname.lastname@example.org) to organise the exchange.
5- WARRANTIES AND AFTER-SALES SERVICE
YOUR ITEM IS DAMAGED OR FAULTY
Notwithstanding Decathlon’s commercial warranty (details of which are set out below) covering items sold on our Website, Decathlon accepts liability for all legal guarantees and warranties expressed or implied to the transactions under the Consumer Guarantee Act 1993 and the Fair Trading Act 1993 the effect of which cannot be excluded (Together “New Zealand Consumer Law”).
All items sold on the Website are covered by a commercial warranty on the terms stipulated below.
GENERAL LEGAL RIGHTS
Our goods come with guarantees that cannot be excluded under the New Zealand Consumer Law. Under the New Zealand Consumer Law, You are entitled to a repair, replacement or refund when goods are faulty and compensation for other reasonably foreseeable loss or damage. If the failure is minor and the item can be repaired, then the retailer can choose to repair or replace. However, if the failure is of serious nature (e.g. it cannot be fixed), then You are entitled to a full refund.
In addition to any statutory guarantees, rights and remedies which may be available to You under the New Zealand Consumer Law, Decathlon offers its customers a general free, 2-year warranty and some specific Warranties permitting an exchange or a refund in event of defects in material of the product, in conditions of use corresponding to its destination.
However, these contractual Decathlon warranties do not apply in case of problems, damage or defects which arise as a result of the improper, negligent, abusive or inappropriate use of the product, the unauthorised modification of the product or any failure to comply with the installation, maintenance or use instructions of the product. In this respect, Decathlon asks You to follow the instructions in the help guides available on the Website and to conduct several tests on the equipment received.
Decathlon will examine the product and decide if it is covered under this contractual warranty. Decathlon will then, at its choice, either repair the defective product or replace it with the same or a comparable product.
The Decathlon warranty does not exclude or limit any legal warranties, rights or remedies that may apply in respect of a product under the New Zealand Consumer Law.
HOW CAN I HAVE MY ITEM REPAIRED DURING THE WARRANTY PERIOD?
As stated above, Decathlon offers its customers a free, 2-year warranty permitting an exchange or refund in the event of defects in material of the product, in conditions of use corresponding to its destination. The warranty applies for 2 years, starting from the date of purchase of the relevant product.
In case of a fault during the warranty period, contact us via email: email@example.com.
Please provide us with your order number, receipt of purchase, online tax invoice or other proof of purchase such as a credit card or bank statement, full details of the problem that has arisen and your full contact details. You will then be provided with return instructions.
Postage/shipping costs will be borne by Decathlon.
Once the item has been processed by Decathlon, which will check in particular whether it is covered by the commercial warranty, the item will be repaired or exchanged. If the cause of the problem is covered by the commercial warranty and the item suffers a major failure or is irreparable and you do not wish to exchange the item for an identical or equivalent item, you will be provided with, at your option, a credit note or a refund. In any case, if the problem is covered by the commercial warranty, Decathlon will offer the most appropriate solution (by replacing the faulty part, replacing the item or issuing a refund).
If an item is returned without good reason or if you have not read and followed the instructions in the help guides provided on the Website, the return will be deemed non-compliant and processed as such. Similarly, any items that are returned without a returns number will be processed as non-compliant returns.
Lastly, You are responsible for packaging your item such that there is no risk of damage or deterioration in transit.
The above is not intended to limit or exclude any rights and remedies which may be available to You under the New Zealand Consumer Law if there is a breach of any statutory guarantee contained in the New Zealand Consumer Law.
6- RETENTION OF TITLE
Decathlon will retain full title to items purchased by you until you have fulfilled all of your obligations, particularly by paying the full price of the order.
7- ENTIRE AGREEMENT
These Terms comprise all of the clauses herein. No forbearance in relying on a clause of these Terms at any time will constitute a waiver of the right to subsequently rely on those clauses. If one clause is invalid, the other clauses will remain valid.
8- GOVERNING LAW
These Terms are governed by the laws of New Zealand.
In connection with a business-to-business sales contract, the Parties expressly agree that this contract is governed by the laws of New Zealand. The Parties expressly agree that the Vienna Convention on Contracts for the International Sale of Goods will not apply to their relationship. Accordingly, any dispute that is not resolved amicably will be referred to the exclusive jurisdiction of the competent court of New Zealand, even in the event of multiple defendants and/or if a third party is joined to the proceedings, even for urgent proceedings or protective proceedings brought on an urgent application or an ex parte application.
9 - INTELLECTUAL PROPERTY
CONTENT POSTED ON THE WEBSITE
All content on the Website, including but not limited to, any brand names, trademarks, business or company names, domain names or images (hereinafter referred to as the “Content”), is subject to property rights protected under the intellectual property, including copyright, designs, trademarks, domain names, patents, know-how, software or database rights. The Decathlon Group and its partners retain ownership of all such Content and associated rights.
The Decathlon Group grants users a limited, non-exclusive, revocable right, without the right to sublicense, for simple access, navigation and use linked to the Website. This license does not grant users any other right, particularly any right of commercial exploitation of such Content.
CONTENT POSTED BY USERS
All content published by You (including, but not limited to, text, comments, files, images, photos, videos, work, etc.) (collectively referred to as “User Content”) on the Website, which may be subject to property rights, intellectual property rights, image rights or other private law, remain the property of the user, subject to limited rights granted by the licence set forth below. Users are free to publish or not publish such User Content on the Website and accept that this User Contents becomes public and freely accessible on the Internet. By posting and/or publishing any such User Content on the Website, You accept that this User Content can be used by the Decathlon Group into some commercial communications and grant your consent for the Decathlon Group to use the User Content in this manner.
You acknowledge, agree and guarantee that You have all necessary rights, licences and/or authorisations for the publication of User Content on the Site, including under relevant legislation in force and in accordance with any privacy, property, intellectual property, contractual rights or any other rights, including any such rights of a third party. You therefore acknowledge and agree that you remain solely responsible and liable for any User Content you publish or post on the Website and you agree to indemnify and hold harmless Decathlon or the Decathlon Group (and any related parties, affiliates, directors, officers, members, employees, partners, suppliers or agents of Decathlon) for any loss, liability, claim or demand (including reasonable legal costs), made by any third party due to or arising out of: any publication by You of any User Content, your use of the Website or services in violation of these Terms, your breach of these Terms, your violation of any third party right or any applicable laws, except to the extent that You are not responsible for such breach (for example, your acts or omissions were not negligent).
By such a publication on the Website, users are aware of potential liability as a publisher of the User Content within the meaning of the law, and agree in respect of that User Content to grant to Decathlon Group, a non-exclusive, royalty-free and global licence including the rights of reproduction, representation, loading, displaying, running, transmission, storage, and the right to sublicense, including to its subsidiaries, technical, other partners and other users.
Users also allow their name to be associated with the content and accept that this association is not always done. Users can authorise a content to automatically become available on the internet, including on other websites and/or blogs and/or web pages including Decathlon Group pages, including a social networking site of the Decathlon Group or site users.
10 – PRIVACY
Decathlon may collect, store, use and/or disclose certain personal information about You for the purposes of providing You with our products, including processing your registration for an account on decathlon.nz, assisting in the management of your account, verifying your age and identity, processing and administering your purchase orders, payments and transactions, in order to market to you and keep you informed of our products, promotions or offers that may be of interest to You or to respond to your queries, requests or feedback, for our internal business management purposes, for any other purpose required for us to comply with our legal and regulatory obligations or for any other purpose for which You have provided the personal information.
The types of personal information that we may collect include (without limitation) your full name, address, email address, phone numbers, date of birth, details of the products you have purchased from us and financial information (such as credit or debit card details or bank account information).
Decathlon may disclose your personal information to our affiliates or business partners, third party service providers, contractors, suppliers and vendors who may assist us in the provision of products and services to you or in the management of our business (for example, website hosting services, payment processors and services that assist in the distribution of marketing materials such as mailing houses), government or regulatory bodies, law enforcement bodies or courts of law in order to comply with our legal and regulatory obligations.
Occasionally, this personal information may be disclosed to recipients located outside of New Zealand, for example, to third party payment processors, website hosting services or information storage servers.
11 – CONTACT DETAILS
Please submit any queries or comments you may have about these Terms, an order you have placed or ordering in general by mail or email:
Decathlon New Zealand Limited
C/o TMF, Level 11, 41 Shortland Street, Auckland 1010, New Zealand