General terms and conditions of use
Last updated: September 3, 2019
These terms and conditions apply solely between Décathlon Canada Inc., headquartered at 2151 Boulevard Lapinière, Brossard, QC J4W 2T5, hereinafter “Décathlon” or “Website”, and any person who makes a purchase at www.decathlon.ca, hereinafter “Customer”, collectively “the Parties”. The Customer declares that s/he is of full age or has parental permission and has the legal capacity to contract and is accordingly able to place an order on this Website. The Parties agree that their relationship will be governed solely by these terms and conditions.
Although Décathlon endeavours to ensure that the information on the Website is complete and accurate, the Website may contain errors or inaccuracies. Décathlon reserves the right to correct such errors or inaccuracies and, at any time, to change or update the information on the Website relating to the prices, availability and description of the products offered. It is therefore agreed that the applicable terms and conditions are those in effect on the Website at the time the order is placed on the Website.
The products and prices we offer are valid for as long as they are visible on the Website, other than for special offers, which are valid for the period stated on the Website. The Customer is urged to check the availability of the articles sold on the information page for each product.
If an item is ordered that is determined to be unavailable, Décathlon reserves the right to cancel the order, provided that it gives the Customer notice.
if one of the products ordered is unavailable, Décathlon will inform the Customer that the unavailable item cannot be shipped. The rest of the order will be processed and shipped to the Customer within the time stated in the email providing information about tracking the order.
The material posted by Décathlon on the Website consists of offers to purchase relating to the products presented on the Website (the “Offer”). Décathlon reserves the right to reject, correct, cancel or terminate any Offer for any reason whatsoever, without notice, and/or to limit the quantity that may be purchased of any item presented in an Offer. The product order that you submit to Décathlon through the Website constitutes your order (the “Order”). It may be necessary, at any time, for Décathlon to verify personal information or information relating to credit cards or payment cards with your credit card issuer or our payment solution provider before accepting any Order. Once payment for an Order has been verified, you will receive an email confirming the transaction.
To place an Order, you must follow several steps:
- the Customer must create an account on the Website and identify him/herself, to place the Order;
- the Customer places products in his/her basket;
- the Customer chooses a delivery method (items may be picked up only in-store or at a pickup point shown on the Website);
- the Customer chooses a payment method;
- the Customer makes the payment;
- the Customer then receives an email from Décathlon recording the payment; and
- the Customer receives an email confirming that the package is ready to be picked up at the pickup point.
The order validation email constitutes Décathlon’s acceptance of the Customer’s order and accordingly forms the contract of sale between the Parties. When the Customer has selected in-store delivery or delivery to a pickup point, he/she will receive an email informing him/her that the Order is available at the location selected.
3. PRICE AND PAYMENT METHODS
You agree to pay the price and all charges shown for the transaction. Unless otherwise indicated, federal and provincial taxes are calculated based on the address where the product is made available for pickup. All amounts are in Canadian dollars.
The prices of products shown on the Website are understood to be excluding shipping charges, the price of certain packaging, or the price of other optional services selected by the Customer, which are charged separately. The Customer will be informed of those charges on the Order summary page before final validation of the Order. We usually charge purchases to your credit card before the process of sending your order has begun. In case of out of stock on the product, we operate the refund on your credit card or payment card.
The Customer may pay for his/her purchases by credit card or by Visa or MasterCard payment card.
Decathlon.ca guarantees the security of payment by bank card by using the SSL (Secure Socket Layer) protocol encryption system and by having payments processed by Adyen.
The Customer is informed that the offers of products and services and the prices offered for purchase in Décathlon stores are not applicable to purchases on the decathlon.ca website and vice versa. The prices may vary according to the commercial policy of each Décathlon store.
Where do we deliver?
Products can be delivered only to a Décathlon store or to a listed pickup point as shown on the Website.
The delivery times shown on the Website are counted from the date on which the Order is validated by the Website. The Customer will be informed when the package is available at a pickup location.
The Customer may check the opening hours of the store and the delivery date at the pickup point on the Website.
The Customer will have ten days from the date on which the package is received at the pickup point or at a Décathlon Store to pick it up. After that time, the package will be returned to Décathlon. A refund will be initiated when the returned Order is received at the warehouse.
5. OUR PRODUCT WARRANTY
Certain products sold on the Website may be covered by a commercial warranty for the period stated on the product page for the items concerned.
BTWIN brand products offer an appropriate warranty for each category of its products:
Life: on frames, brackets and seat posts.
5 years: on carbon products.
2 years: on mechanical components: gear-shift lever, derailleur, etc.
Products subject to wear and tear are not covered by the warranty: tubes, chains, and brake shoes and pads.
The commercial warranty covers defects present in a product in the course of normal use.
This warranty does not apply to any problem caused by negligence, deterioration or inappropriate use of the product by the Customer. Décathlon will draw the Customer’s attention to defects or malfunctions that can only be the consequence of improper installation or handling of the equipment. Accordingly, Décathlon urges the Customer to follow the instructions in the troubleshooting guides available on the Website and to perform a number of tests on the equipment received.
In the event that the Customer’s product is determined to be defective during the period covered by the statutory or commercial warranty, or not to be as ordered, the Customer must submit a request to Customer Service.
To return an item to Décathlon, the Customer must contact the Customer service and state the problems or malfunctions encountered with the product(s) concerned.
Under the warranty, Décathlon allows the Customer to bring his/her product to a Décathlon store in Canada or to send the product back to Décathlon at the Customer’s expense.
After the product is processed by Décathlon, which will check whether the product is covered by a statutory or commercial warranty, the standard repair or replacement of the product will be provided. If the cause of the problem is covered by the statutory or commercial warranty and the product cannot be repaired or be replaced with an identical or equivalent product, the Customer will be reimbursed by providing a credit note or refund.
If a return is irregular or improper or the Customer has not read and followed the instructions in the troubleshooting guides made available on the Website, the return will be considered to be non-compliant and treated as such.
6. ORDER CANCELLATION
If you wish to cancel your order, contact email@example.com as soon as possible. We will make every effort to accommodate your request. Please read our return policy for information about returning items that you have ordered once the product has been delivered.
Out of stock items: In the event that your Order cannot be fulfilled within the scheduled time because an item is out of stock, an email will be sent to you before the Order is cancelled. You can then let us know whether you wish to cancel your Order. If only one of the products in your Order is out of stock, we will cancel your entire Order. If you wish, you can place a new Order for the products that are available.
7. PRODUCT RETURNS
It is important to us that your online purchasing experience on the Website be as pleasant as possible. If you are not entirely satisfied with your purchase on the Website, you can go to a Décathlon store in Canada within 60 days after delivery of your product.
We will be pleased to credit your account for the amount of your purchase after our store team checks the return. Products must be in their original packaging. All technical products will be subject to a quality check at the time of return.
A product may be returned for exchange or refund within 60 days (with the exception of safety products, cycling helmets, riding helmets, and climbing items, which are final sales). A product must be new and fit for resale and the labels must be attached to the product, and all components of the returned product must be returned with the product. The store reserves the right to refuse any return that is considered to be non-compliant.
Processing of the return and crediting your account may take up to 15 days. All reimbursements will be made by bank transfer to the account used at the time of the purchase.
8. FORCE MAJEURE
Décathlon will not be liable for failure to perform any of its obligations to you, in whole or in part, or for damage or losses that you may incur, if such non-performance, damage or losses result from a case of force majeure or a natural disaster.
9 - EXCLUSIONS AND LIMITATIONS OF LIABILITY
NOT APPLICABLE TO CONSUMERS IN QUEBEC: TO THE EXTENT PERMITTED BY THE APPLICABLE LAWS, ALL PRODUCTS PURCHASED THROUGH THE WEBSITE ARE SUBJECT ONLY TO THE APPLICABLE WARRANTIES, IF ANY, OFFERED BY THE MANUFACTURERS, DISTRIBUTORS AND SUPPLIERS OF THE PRODUCTS. TO THE EXTENT PERMITTED BY THE APPLICABLE LAWS, DECATHLON MAKES NO REPRESENTATIONS, WARRANTIES, COVENANTS OR CONDITIONS OF ANY NATURE WHATSOEVER, WHETHER EXPRESS OR IMPLIED, AND DOES NOT AND CANNOT OFFER ANY WARRANTY OTHER THAN THE WARRANTY EXPRESSLY STATED ON THE WEBSITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING PROVISIONS, DECATHLON EXPRESSLY DISCLAIMS ALL LIABILITY FOR CLAIMS RELATING TO NORMAL WEAR AND TEAR, MISUSE OR IMPROPER USE OF THE PRODUCT, MODIFICATION OF THE PRODUCT, INCORRECT PRODUCT SELECTION, OR MISAPPROPRIATION. DECATHLON’S LIABILITY IN THE EVENT OF PROCEEDINGS UNDER THESE TERMS AND CONDITIONS OF ONLINE SALE WILL BE LIMITED TO THE PURCHASE PRICE PAID BY YOU TO DECATHLON.CA FOR THE ORDER IN QUESTION.
APPLICABLE TO CONSUMERS IN QUEBEC ONLY: DECATHLON IS NOT LIABLE FOR ANY DAMAGE OR CLAIM RELATING TO MISUSE OR IMPROPER USE OF THE PRODUCT, MODIFICATION OF THE PRODUCT, INCORRECT PRODUCT SELECTION, OR MISAPPROPRIATION.
10. ENTIRE CONTRACT
If a clause or clauses in these terms and conditions are declared to be invalid or void pursuant to any law or regulation or to a decision of a court or administrative authority, the other clauses will continue to have force and effect.
Décathlon will make its best efforts to replace such clauses with a valid clause, the effect of which is closest to the spirit of these terms and conditions. In the event that a party does not require that any clause of these terms and conditions be enforced, whether permanently or temporarily, such forbearance may not in any case be considered to be a waiver of the clause.
11. JURISDICTION AND APPLICABLE LAW
These terms and conditions are governed by the laws applicable in the province of Quebec in Canada and that the competent courts are those located in the judicial districts of Montreal or Longueuil.