GENERAL TERMS AND CONDITIONS OF USELast updated December 6, 2018
These General Terms and Conditions of Use are entered into between Decathlon Canada Inc. (hereinafter "DECATHLON") and any person using the Decathlon.ca site (hereinafter the "Site") or the Decathlon application (hereinafter the "Application") from their computer device (hereinafter the "User").
For the purposes of these terms and conditions, the term "Use" includes all the operations performed by the User upon accessing the Site or Application, including its consultation, irrespective of the access device (including a computer, tablet and smartphone), the type of connection (private connection, connection via a third party or public Wi-Fi) and the location of connection (in Canada or abroad).
The Application and/or Site are reserved for private individuals that are the legal age of majority as well as minors with parental authorization. In any event, DECATHLON encourages any person responsible for a minor to monitor the latter's use of the Application.
The Use of the Application and/or the Site implies the unequivocal acceptance of these general terms and conditions by the User. These conditions may be subject to amendment. Therefore, it is understood that the applicable conditions are those in force on the Site at the time of its Use.
The Application and the Site allow the User to benefit from several features. Some can be used without creating a User account (hereinafter "Guest Mode"). Others require the setting up of a User account (hereinafter "Custom Mode"). Some features can only be used on the Application, while others only on the Site. The User is informed that the features listed below are only included by way of information. DECATHLON reserves the right to modify or delete them at any time.
This feature allows the User to view the entire catalogue of products posted for sale. It is available in Guest Mode.
This feature allows the User to make orders on the decathlon.ca website. This feature is only available in Custom Mode.
This service allows the User to share his or her appreciation for the products, services and stores. These notices are formulated and viewable from the Application or Site and directly from the product, service or store webpage, which is the object of the notice. This service requires Custom Mode.
This service allows the User to find answers to questions about products and services. The User has the option of choosing whether to ask a question in the Q&A section to the community of Users or to a DECATHLON representative (namely, an in-store salesperson, Customer Service, a member of a DECATHLON brand, etc.). The User may also answer questions from other Users who have purchased the same product or service. This service requires the Custom Mode.
This service allows the User to access information relating to certain Decathlon brand products from a Decathlon store (customer reviews, prices and inventory in the nearby Decathlon stores). The User is informed that the information on the inventory and prices of the other stores is provided by way of indication and has no contractual value. Access to information is done by scanning the QR code on the product sheet for the relevant article. The User is informed of the need to have a mobile terminal with a QR code reader to access this feature. In-store mode is available in Guest Mode.
This feature allows the User to view his or her purchase history. This feature also allows the User to modify his or her personal data. This feature is only available in Custom Mode.
This feature allows the User to receive information about the Decathlon store selected by the User as their "favourite" (exceptional openings/closures, events, business operations, etc.). The User has the option to set up the Application to limit or block notifications. This feature is available in Guest Mode.
This feature allows the User to receive a variety of personalized information (such as store information, sports tips, usage tips based on purchase history, ongoing commercial operations, etc.). This feature is available in Guest Mode, however, the customization level is higher in Custom Mode.
BEHAVIOUR ON THE SITE
In particular, the User is prohibited from :
- Committing an illegal act;
- Extracting or collecting personal data from Users of the Site by any means;
- Extracting, recording or exploiting the contents of third parties subject to intellectual property rights, relating to privacy, personal data or copyrights for purposes other than their displayed when browsing this Site;
- Storing, disseminating or publishing any content that is illegal, harmful, offensive, racist, incites hatred, revisionist, contrary to morality, breaches privacy or the private rights of third parties, including copyright and property rights, the right to intellectual property or the right to the respect for privacy.
- Storing, disseminating or publishing any information that directly or indirectly reveals their political, philosophical or religious opinions, union membership, health status or sexual orientation;
- File content on behalf of a third party;
- Steal the identity of a third party and/or publish any personal information of a third party;
- Store, disseminate or publish any content that may directly or indirectly affect the interests of the DECATHLON Network.
In general, the User undertakes to refrain from any behaviour contrary to sports ethics or to the values and interests of the DECATHLON Network.
The User is free to publish content (including notices) and accepts that the content will become public and freely accessible, especially on the Internet. He/she acknowledges, undertakes and guarantees to possess all the necessary rights and authorizations for such publication, especially in accordance with existing legislation and rights with respect to privacy, ownership, intellectual property, copyright, contract or rights of any other nature.
By such publication, the User is aware of his/her responsibility as a publisher of the Content within the meaning of the law, and grants DECATHLON, for the entire duration of the publication, a non-exclusive, gratuitous, worldwide licence, including the rights to reproduce, represent, load, display, execute, transmit, store and sub-license it to its subsidiaries, technical partners and other Users of the Site.
The User also authorizes the association of his or her name with the Content and accepts that this association may not always be made.
By virtue of its publication, the User authorizes that the Content may become automatically accessible on the Internet, in particular on other applications, sites, blogs and/or DECATHLON's webpages, including DECATHLON's social network pages.
Consultation and use of the Application and/or Site is the User's responsibility. The Application and the Site may host links to third party sites. By clicking on these links, the User acknowledges that DECATHLON cannot guarantee their content, and therefore accesses it at his/her own risk. Accordingly, DECATHLON cannot be held liable for any damages resulting from the access and/or use of the Application and the information contained therein. The User is also informed that DECATHLON may temporarily interrupt access to the Application and/or the Site for technical reasons, especially with regards to its maintenance. The User accepts these interruptions and renounces all claims as a result.
The Use of the Application and/or Site by the User implies an acknowledgement and acceptance of the features and limitations of technologies that are inherent to the Internet, especially with regard to the response times to consult or querying the servers hosting the Application and the Site, the technical performances, the risks of interruption and, more generally, any risk incurred during the transmission of the data.
Therefore, under no circumstances shall DECATHLON be held liable for, but not limited to:
- Any information consulted via the Application and/or the Site, which was not placed online by DECATHLON
- For any network malfunction preventing the correct operation of the Application and/or Site
- For the loss of any data
- For the malfunction of any software
- For a malfunction by virtue of any computer virus, bug, anomaly or failure
- For any damage caused to the User's device.
By using the Application, the User agrees to release DECATHLON from any and all liability and to hold it harmless for any damages, costs and legal costs, direct and indirect, arising from the violation of these General Terms and Conditions of Use.
PROTECTION DES DONNÉES PERSONNELLES
Using the Application and/or the Site in Custom Mode involves the processing of personal data. This processing is necessary for the customization of the Application, the management of the User account or the completion of an order. The information collected by DECATHLON can be shared with other companies in the DECATHLON group.
The User can avoid any processing of information by using the Application in "Guest" mode. The User has the right to access and correct the data being processed, which may concern him/her, by contacting firstname.lastname@example.org (attach copy identification document).
If one or more clauses of the General Terms and Conditions of Use are declared null or void by application of the law, regulation or following a final judicial or administrative decision, the other clauses shall retain their force and effect. DECATHLON undertakes to do its best to proceed as soon as possible to replace it with a valid stipulation closely reflecting the same spirit of these terms and conditions. The fact that one of the parties did not require the application of any particular clause set out in these terms, in a permanent or temporary manner, shall under no circumstances be construed as a waiver of that clause.
These General Terms and Conditions of Use are governed by Canadian law, unless a more favourable provision is applicable in the country of residence of the User.
In the event of a dispute which has not been resolved amicably, the competent court of jurisdiction shall be that of the defendant's domicile. However, if the action is instituted by the User, the latter has the choice of seizing the jurisdiction of his/her place of residence.