GENERAL TERMS OF USE OF THE SITE

 

Version: 25th February 2019 

 

INTRODUCTION

1 - TERMS OF USE OF THE SITE
2 - FEATURES OFFERED BY THE SITE
3 - CONDUCT ON THE SITE
4 - CONTENT PUBLISHING
5 - EXTERNAL LINKS
6 - INTELLECTUAL PROPERTY RIGHTS
7 - LIABILITY
8 - MISCELLANEOUS PROVISIONS

 

INTRODUCTION

These terms of use are for the website www.decathlon.ch (hereinafter "the Site"). They are intended to define the terms of provision and the terms of use of the Site by the User (hereinafter “User”, "You" or “Your”). The term “Use” means all operations performed by the User from the time of accessing the Site, including simply consulting it, regardless of the access device used (including computer, tablet and smartphone), the type of connection (private connection, third-party connection or public Wi-Fi connection) and the place of connection.

The Site is under the control of Decathlon Sports Switzerland SA (hereinafter “We” or “Us”), which is a public company, CHE-106.127.042, whose head office is located at 20bis Rue de Lausanne, Geneva, Switzerland. We belong to the “DECATHLON group”. This term designates the DECATHLON SA company and all the companies owned by it, directly or indirectly, with a minimum of 10% of the capital or of the voting rights (hereinafter referred to as “Decathlon subsidiaries” or “Decathlon group”).

Any connection to the Site is subject to these terms and implies their unreserved acceptance on Your part.

If You use the Site, You also agree to the following terms:

- Our General Terms and Conditions of Sale governing all purchases of Products on the searchable Site at the URL: https://www.decathlon.ch/ch_en/terms-and-conditions-of-sale/

- Our Cookies Policy and Data Protection Policy regarding all information submitted to Us via the Site and which may be collected during this process in compliance with the legislation in force. It is available at the following link: https://www.decathlon.ch/ch_en/personal-data-and-cookies/

All of these terms are available at any time on the Site. You also have the possibility to print them or download them in PDF format. They may be subject to change, but it is understood that the applicable terms are those in force on the Site at the time when You use said Site.

 

1 - TERMS OF USE OF THE SITE

To use this Site, You must be over 18 years of age or hold parental consent. We encourage anyone responsible for a minor to regulate the use of the Site by the latter. In addition, You can use the Site for professional purposes or for ancillary business purposes.

 

It is Your responsibility to ensure that Your equipment (computer, laptop, netbook, tablet or other mobile devices) meets all of the specifications required for You to access the Site and to be compatible with it.

 

Access to the services offered by the Site is subject to the creation of an account requiring the disclosure of personal information about You, in accordance with Federal law on the protection of data. If You wish to access the Site, then You agree to provide accurate, complete and reliable information to allow Us to carry out all of Our obligations. You also agree unreservedly that Your identification is proof of Your identity.

 

If You choose or receive access credentials (such as a user name, password or other identifiers) as part of Our security procedures, You must treat such information as confidential and not reveal it to other people. You are responsible for all activities that occur under Your access credentials. You must notify Us immediately of any unauthorised use or any other breach of security known to You.

 

We reserve the right to refuse, suspend or remove any access credentials and/or prohibit the use of and/or access to the Site, at any time, if We believe that You have breached these terms of use of the Site or that any information that You provided to Us for user registration purposes is false. We remind You that it is forbidden to impersonate a third party, under penalty of criminal prosecution. This alteration or deletion can be made without notice or prior warning, at any time and at Our sole discretion.

 

We cannot guarantee that operation of the Site is continuous, uninterrupted or without errors. There may be times (whether scheduled or not) where certain features, parts or content of the Site are not available or are modified, suspended or withdrawn by Us, at Our sole discretion, without having notified You. You agree not to hold Us responsible to You or to a third party for the unavailability, modification, suspension or withdrawal of the Site, or any feature, part, or content of the Site.

 

 

 

2 - FEATURES OFFERED BY THE SITE

You may only use the Site for non-commercial use and in compliance with the stated terms. You may retrieve and display content from the Site on a computer screen, and print and copy individual pages. Additional terms may apply to certain features, parts or content of the Site. If they apply, they will be displayed on the screen or be accessible via a link.

The Site allows You to:

- Find items and services offered by the Decathlon group;

- Make purchases online, according to the General Terms and Conditions of Sale of the Site and in accordance with the legislation in force;

- Post reviews on items sold by the Decathlon group;

- Publish photos and/or videos about items sold by the Decathlon group;

- Participate in various games and competitions offered by the Site.

The list of features is provided for guidance only. The Site reserves the right to add or delete content, temporarily or permanently, without Your prior consent being required.

 

3 - CONDUCT ON THE SITE

You must only use the Site and anything that is available on the Site for legal purposes and in accordance with all applicable laws and regulations, responsibly and avoiding harm to Our name or reputation or those of Our affiliates. To that extent, You are not permitted in particular to:

- extract, save or use, for purposes other than display when browsing this Site, any third-party content subject to intellectual property rights or privacy rights, containing personal data or giving rise to image rights;

- “harvest” or store the Site content on a server or other storage device connected to a network, or to create an electronic database by systematically downloading and storing all content from the Site;

- remove or change any content of the Site or attempt to bypass security, or interfere with the correct functioning of the Site or the servers on which it is hosted;

- create links to the Site from any other website without Our prior written consent. However, You may refer to Us through a Site that You publish, with the following restrictions: 1) the link must not be misleading; 2) You exactly specify its destination and that this does not imply that We have approved this link, Your site or the products or services You offer; 3) You do not replicate the homepage of Our Site; 4) the linked website does not contain any content that is unlawful, threatening, abusive, defamatory, pornographic, obscene, vulgar, indecent, offensive or that violates intellectual property rights or other third-party rights;

- store, distribute or publish any content that is illegal, harmful, abusive, racist, revisionist, contrary to public decency, promotes hatred, or may cause a breach of privacy or private third-party rights, including image rights of people and goods, any intellectual property rights or the right to privacy of third parties.

Any right granted by these terms will end when any one of them is not met.

 

4 - CONTENT PUBLISHING

4.1 CONTENT PUBLISHED BY THE SITE

We try to ensure that all the information contained on the Site (other than user-generated content) is correct. However, the information is not intended to be authoritative or to constitute advice to be relied upon. Before taking any action based on the information on the Site, please contact Us or use a relevant source of information. In addition, We may change the format and content of the Site from time to time. You agree to the use of the Site "as is”, “as available” and at Your own risk.

We cannot guarantee the accuracy, completeness, validity, reliability, quality, interest or originality of any content on the Site and, to the extent permitted by law, any implied guarantee. Any condition of this kind is therefore hereby excluded, and We accept no responsibility for any loss or damage of any kind caused by You or any other person using the Site or by relying on any of its content.

We cannot guarantee that all Site content is free of viruses or other code that may have elements that infect or are destructive. It is therefore Your responsibility to implement the appropriate security safeguards (including anti-virus and other security checks) to satisfy Your specific requirements for the safety and reliability of the content.

 

4.2 - CONTENT PUBLISHED BY USERS

The Site allows You to post Your customer reviews in a space named "user content areas".

You are responsible for the content that You post, and You acknowledge that user content areas contain the opinions of those who have submitted them, and not Our views. The term "Content" means the text posted as an opinion.

We wish to make You aware that published or shared content needs to be relevant to the Product You wish to review, and that it should be respectful and in accordance with the ethics and values of sport advocated by the Decathlon group.

In addition, if You participate in a user content area, You must not post:

- content that is illegal, threatening, abusive, defamatory, pornographic, obscene, vulgar, indecent, offensive, or violates intellectual property rights or other third-party rights;

- content containing viruses and / or any other code containing infecting or destructive elements;

- content that contains advertising of any kind;

- content using a false or disguised identity, or falsely representing an affiliation with a person or entity.

You are responsible for anything that may occur in Your name and from Your computer, especially in the case of publication of content on Our Site. Ensure that You have all the rights and permissions required for any such publication under the legislation in force, including those concerning the rights to privacy, property, intellectual property, images and contracts.

In the event that You have reason to believe that Your username or Your email address are, or may be, known to an unauthorised person, You agree to notify the Site immediately.

 

4.3 - REMOVAL OF CONTENT

Although We do not prescreen User submissions, We reserve the right, at Our sole discretion, to remove or edit any content that You submit to Us, or to close any discussion page, at any time and without informing You.

You may also request the removal of content. The request must be sent to help.switzerland@decathlon.com and must contain all information necessary for processing Your request, including information allowing the identification of the content concerned.

We are committed to process any well-founded, legitimate request promptly, but do not guarantee an immediate removal of the content. You acknowledge that We cannot be held liable in this respect, in particular due to the time required to process Your request, technical constraints or material impossibility to respond, including where the content has been corrected by third parties.

 

5 - EXTERNAL LINKS

From time to time, the Site may include links to external sites. We include them to give You access to information, Products or services that You might find useful or interesting. We are not responsible for the content of these sites or anything they provide, nor do We guarantee that they will be permanently available. The fact that We include links to external sites implies no endorsement or association with their operators or promoters.

 

6 - INTELLECTUAL PROPERTY RIGHTS

The general structure of the Site and all published content (including text, graphics, software, photographs and other images, videos, sounds, brands and logos) are Our exclusive property or that of Our licensors, which may be Decathlon group companies and/or its partners. They are protected in respect of intellectual property, including copyright and similar rights related to trademarks, industrial designs, domain names, patents, expertise, software or databases.

Regarding the content of the Site, We grant You a non-exclusive, revocable, limited licence to simple access, navigation and use of the Site, without the right to grant a sub-licence. This licence does not grant You any other right with respect to any intellectual property that would belong to Us or to Our licensors. You acknowledge that You receive no ownership rights by downloading content from the Site, in particular no right to commercial exploitation of the content of the Site.

Any presentation and/or reproduction and/or partial or total exploitation of the content and/or services offered by the Site or of the Site itself, by any means whatsoever, without prior written permission from the Publisher and/or the Decathlon group and/or their partners, is strictly prohibited. In the event that You print, copy or store pages from the Site (solely in accordance with its terms and conditions), You must ensure that all notices of copyright, trademark or other intellectual property rights incorporated in the original content are reproduced.

Regarding the content that You post on the Site, You agree that by posting it to the area intended to receive it, You give Us, as well as Our affiliates, a perpetual, irrevocable, worldwide, non-exclusive, free right and licence to: use, reproduce, present, upload, execute, transmit, store, modify, adapt, publish, translate, create derivative works from, distribute, sub-licence (including to subsidiaries, technical partners and other Users of the Site) and display the content (in whole or in part) that You have posted, and/or to incorporate it in other work in any form, media or technology.

In addition, You agree that it may: be used by the Decathlon group in commercial communications; be associated with Your name, but that this association may not always be made; be passed on to third parties for purposes of product review; automatically become public and freely accessible on the internet and other sites and/or blogs and/or web pages belonging to the Decathlon group, including social network pages belonging to the Decathlon group where Decathlon group site Users can share content.

 

7 - LIABILITY

Your use of the Site implies the knowledge and acceptance of the characteristics and limits inherent to internet technology, including response times for viewing or querying the server hosting the Site, technical performance, interruption risks and, more generally, of data transmission.

In General, We cannot under any circumstances be held liable for (this list is not exhaustive):

- Any information found on the Site that has not been put online by Us;

- Any use of a User’s personal data by an unauthorised third party;

- Any network malfunction preventing the correct operation of the Site;

- The loss of any data;

- The malfunction of any software;

- The consequences of any computer virus, bug, anomaly or failure;

- Any damage caused to the User's computer.

By using the Site, You agree not to hold Us liable and to exclude Us from any damage, costs and expenses, direct and indirect, arising from:

- A third party claim regarding any content posted in Your name, including breach of property rights, defamation, libel or slander, or for any press offence in connection with content sent to or published on the Site.

- Any activity on the Site contrary to these terms, including for fraudulent purposes;

- The violation of these terms of use of the Site.

 

8 – MISCELLANEOUS PROVISIONS

These terms of use are composed of all the clauses that constitute them. They cannot be changed without Our express written consent. No waiver of any term of this agreement at any time shall be deemed a further or continuing waiver of such term or any other term. The invalidity of any term shall not invalidate any other term.

These terms of use are subject to the law of Switzerland.

 

9 - CONTACT

You may send any question You have about these terms using the client form or by email to help.switzerland@decathlon.com.

You can also write to Us at the following address: Decathlon Sports Switzerland SA, 16 bis Rue de Lausanne, 1201 Geneva, Switzerland.