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B2B WEBSITE TERMS AND CONDITIONS

 

1)      The terms and conditions published herein is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

 

2)      The terms and conditions published herein in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms and Conditions for access or usage of www.decathlon.in website.

 

3)      The domain name b2b.decathlonin.net (hereinafter referred to as "Website") is owned by Decathlon Sports India Pvt. Ltd. (hereinafter referred to as "Decathlon") a company incorporated under the Companies Act, 1956 with its registered office at Survey No. 78/10 A20- Chikkajala Village, Bellary Road, (PO Box No. 1, Bettahalsoor Post Office) Bangalore – 562157, Karnataka, India.

 

4)      Business entities who wish to access the Website and/or wish to become Business to Business (B2B) registered customers agree to the following terms and conditions of Decathlon Sports India Pvt. Ltd. (hereinafter referred to as "Decathlon") a company incorporated under the Companies Act, 1956 with its registered office at Survey No. 78/10 A20- Chikkajala Village, Bellary Road, Bangalore – 562157, Karnataka, India.

 

5)      For the purpose of these Terms and Conditions, wherever the context so requires “User” shall mean any legal entity or individual who visits, surfs and uses the features of the Website and any legal entity which has agreed to become a B2B Registered Customer on the Website by providing Registration Data while registering on the Website using the computer systems. Decathlon allows Users to surf the Website without registering on the Website. However to make purchases, the User must be registered as a User on the Website.

 

6)      For the purpose of registration as a User, a business entity must be in the capacity to form legally binding contracts under the Indian Contract Act, 1872.

 

7)      When Users use any of the services provided by Decathlon through the Website, including but not limited to, product reviews, pricing, purchasing etc., the User will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into this Terms and Conditions and shall be considered as part and parcel of this Terms and Conditions. Decathlon reserves the right, at Decathlon’s sole discretion, to change, modify, add or remove portions of these Terms and Conditions, at any time without any prior written notice to the User. It is the User’s responsibility to review these Terms and Conditions periodically for updates/changes. The User’s continued use of the Website following the posting of changes will mean that the User accepts and agrees to the revisions. As long as the User comply with these Terms and Conditions, Decathlon grants the Users a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website.

 

8)      Accessing, browsing or otherwise using the Website indicates the User’s agreement to all the terms and conditions, so please read the terms and conditions carefully before proceeding. By impliedly or expressly accepting these Terms and Conditions, the Users also accept and agree to be bound by Decathlon Policies (including but not limited to Privacy Policy etc.) as amended from time to time.

 

9)      At the time of registration, business entities wishing to register themselves on the Website must produce the following Registration Data for successful registration –

a)      Business License or Registration Certificate

b)      Goods and Service Tax Registration Certificate

c)      Company PAN Card or Proprietor’s PAN card

d)     Authorisation Letter or Board Resolution in favour of the Authorised Signatory

e)      Cancelled Cheque bearing bank A/C details linked to submitted PAN Card

f)       Valid phone number

g)      Valid email ID

h)      Valid contact person name

i)        Registered Address of the User

j)        Address for Delivery (if applicable)

 

10)  All documents submitted at the time of registration shall be signed by the Authorised Signatory along with the company seal or designation seal (e.g. proprietor, partner seal) where applicable. Unsigned/unstamped documents shall not be accepted as valid documents.

 

11)  The registration form must be signed by the authorised signatory of the business entity accompanied by a signature proof and an authority to sign.

 

12)  Proprietorships can be registered as a single entity only.

 

13)  Fee Policy: Decathlon does not charge any fee for browsing the Website and for Users buying on the Website. Decathlon reserves the right to change its Fee Policy from time to time. In particular, Decathlon may at its sole discretion introduce new services and modify some or all of the existing services offered on the Website. In such an event Decathlon reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the Fee Policy shall be posted on the Website and such changes shall automatically become effective immediately after they are posted on the Website. Unless otherwise stated, all fees shall be quoted in Indian Rupees. The Users shall be solely responsible for compliance of all applicable laws including those in India for making payments to Decathlon.

 

14)  If Users use the Website and register as a User, such User shall be responsible for maintaining the confidentiality of User’s Display Name and Password and User shall be responsible for all activities which occur under User’s Display Name and Password. The User agrees that if the User provides any information that is untrue, inaccurate, not current or incomplete or Decathlon has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the this Terms and Conditions, Decathlon shall have the right to indefinitely suspend or terminate or block access of User’s membership on the Website and refuse to provide the User with access to the Website.

 

15)  When Users use the Website or send emails or other data, information or communication to Decathlon, the Users agree and understand that the Users are communicating with Decathlon through electronic records and the User consent to receive communications via electronic records from Decathlon periodically and as and when required. Decathlon may communicate with the Users by email or by such other mode of communication, electronic or otherwise

 

16)  All orders raised by the User shall be placed only through the User’s dedicated membership account.

 

17)  Whenever there is a change of authorised signatory, the User shall produce to Decathlon, the authorisation letter in favour of the new authorised signatory.

 

18)  Users shall not resell Decathlon products on any online portals or online marketplaces. Reselling shall be strictly restricted to offline reselling only in cities where there are no Decathlon Stores.

 

19)  In Decathlon, consignment sales are strictly prohibited to Users.

 

20)  Users shall not resell Decathlon products above the MRP value affixed on the product.

 

21)  Users shall bear any and all delivery charges of products ordered from Decathlon.

 

22)  Delivery of the products ordered from Decathlon shall be made only to the registered address which the B2B customer provides at the time of registration and strictly shall not be made to any other address. If the B2B customer wishes for the delivery of ordered products to any other address other than the registered address, such address for delivery must be registered through a separate request with Decathlon. Any addition or changes of delivery address shall be entertained at the sole discretion of Decathlon and Decathlon reserves the right to refuse any such requests.

 

23)  Invoices shall be raised by Decathlon only to the registered address provided by the User at the time of registration.

 

24)  Returns and exchanges shall be limited to manufacturing defects only. In such instances, Users shall initiate the returns and exchanges within 7 days of the date of delivery of products to the Users.

 

25)  In the case of an order cancelled for non-defective reasons, Decathlon shall not be liable to accept any returns or exchanges or process any refund of the amount unless –

a)      The goods are not yet dispatched from Decathlon

b)      Wrong products have been received by the User which shall be brought to the notice of Decathlon within 24 hours from the time of delivery. Such instances shall be intimated to b2b.india@decathlon.com with photographic / video evidence attached.

c)      When the products delivered by Decathlon to the User are in unsaleable condition and the same is brought to the notice of Decathlon within 24 hours from the time of delivery. Such instances shall be intimated to b2b.india@decathlon.com with photographic / video evidence attached.

 

26)  Decathlon shall not accept cancellation, returns/exchanges of customised products ordered by the Users.

 

27)  The customers of the User cannot avail returns, exchanges, and claims directly at Decathlon. All such returns, exchanges and claims must be resolved by the User only.

 

28)  B2B customers cannot avail any credit facility whatsoever. Delivery of the products ordered will be made to the registered address only when Decathlon successfully receives full payment for the products ordered by the User.

 

29)  The payment mode shall be made by an electronic transfer (NEFT/ RTGS) in favour of Decathlon with the details as below. No other modes of payment is accepted –

Bank Name: Credit Agricole Corporation & Investment Bank 
Account Owner: Decathlon Sports India Pvt.Ltd
Account Number: 05003170100004
IFSC Code: CRLY0000005
Branch: Residency Road, Bangalore

 

30)  Any dispute regarding any transaction between Decathlon and the Users shall be settled through mutual discussions and friendly negotiations.  In the event of a failure to resolve disputes amicably, the courts in Bangalore shall have jurisdiction over the matter of such disputes.

 

31)  During disputes of any sort, including but not limited to disputes regarding payment, orders placed, delivery of products or quality/quantity of products, if the User fails to make any communication for or against any claim within 48 hours of such dispute, then the decision by Decathlon regarding such dispute shall be held binding and enforceable.

 

32)  The Users shall not host, display, upload, modify, publish, transmit, update or share any information which:

a)      Belongs to Decathlon or another person and to which the User does not have any right to;

b)      Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;

c)      Is misleading in any way or threatens to defame or harm the goodwill of Decathlon;

d)     Is patently offensive to the community, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;

e)      Harasses or advocates harassment of another person;

f)       Involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";

g)      Promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;

h)      Infringes upon or violates any Decathlon or third party's rights including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity;

i)        Provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;

j)        Contains video, photographs, or images of another person (with a minor or an adult).

k)      Engages in commercial activities and/or sales without Decathlon’s prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of products related to Decathlon;

l)        Solicits gambling or engages in any gambling activity which in Decathlon’s sole discretion, believes is or could be construed as being illegal;

m)    Interferes with another Users use and enjoyment of Decathlon’s services;

n)      Harm minors in any way;

o)      Infringes any patent, trademark, copyright or other proprietary rights or third party's trade secrets or rights of publicity or privacy or shall not be fraudulent;

p)      Violates any law for the time being in force;

q)      Threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.

r)       Shall be false, inaccurate or misleading;

s)       Shall, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.

t)       Shall create liability for Decathlon or cause Decathlon to lose (in whole or in part) the services of any third parties.

 

33)  The Users shall not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. Decathlon reserves the right to bar any such activity.

 

34)  The Users shall not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any server, computer, network, or to any of the services offered on or through the Website, by hacking, password "mining" or any other illegitimate means.

 

35)  The Users shall not probe, scan or test the vulnerability of the Website or any network connected to the Website nor breach the security or authentication measures on the Website or any network connected to the Website. The Users may not reverse look-up, trace or seek to trace any information on any other the User of or visitor to Website, or any other customer, including any account on the Website not owned by The Users, to its source, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than the User’s own information, as provided for by the Website.

 

36)  The Users shall not make any negative, denigrating or defamatory statement(s) or comment(s) about Decathlon or the brand name or domain name used by Decathlon including but not limited to the terms “Decathlon”, “decathlon.in”, “b2b.decathlonin.net”, or otherwise engage in any conduct or action that might tarnish the image or reputation of Decathlon on platform or otherwise tarnish or dilute any Decathlon's trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by us. The Users agree that they will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or Decathlon's systems or networks, or any systems or networks connected to Decathlon.

 

37)  The Users agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person's use of the Website.

 

38)  The Users may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal the Users send to Decathlon, on or through the Website or any service offered on or through the Website. The Users shall not pretend that The Users are, or that The Users represent, someone else, or impersonate any other individual or entity.

 

39)  The Users may not use the Website or any content for any purpose that is unlawful or prohibited by these Terms and Conditions, or to solicit the performance of any illegal activity or other activity which infringes the rights of Decathlon and / or others.

 

40)  The Users shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules thereunder as applicable and as amended from time to time and also all applicable Domestic laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to GST, Income Tax, Service Tax, Central Excise, Custom Duty, Local Levies) regarding the User’s use of Decathlon’s service and the User’s listing, purchase, solicitation of offers to purchase, and sale of products or services. The Users shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.

 

41)  Solely to enable Decathlon to use the information the Users supply to Decathlon, so that Decathlon is not violating any rights the Users might have in the User’s Information, the Users agree to grant Decathlon a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights The Users have in the User’s Information, in any media now known or not currently known, with respect to the User’s Information. Decathlon will only use the User’s information in accordance with the Terms and Conditions and Privacy Policy applicable to use of the Website.

 

42)  The Users shall be responsible to up keeping the providing information relating to the products proposed to be sold by Us. In this connection, the Users undertake that all such information shall be secured in all respects. the Users shall not defame the attributes of such products or services so as to mislead other the Users in any manner.

 

43)  The Users shall not engage in advertising to, or solicitation of other the Users of the Website to buy any products, including, but not limited to, products or services related to that being displayed on the Website or related to us. The Users may not transmit any chain letters or unsolicited commercial or junk email to other the Users via the Website. It shall be a violation of these Terms and Conditions to use any information obtained from the Website in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person without Decathlon’s prior explicit consent. In order to protect Decathlon’s the Users from such advertising or solicitation, Decathlon reserve the right to restrict the number of messages or emails which a the User may send to other the Users in any 24-hours period which Decathlon deems appropriate in its sole discretion. The Users understand that Decathlon have the right at all times to disclose any information (including the identity of the persons providing information or materials on the Website) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. In addition, Decathlon can (and The Users hereby expressly authorize Decathlon to) disclose any information about The Users to law enforcement or other government officials, as we, in Decathlon’s sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.

 

44)  Decathlon reserves the right, but has no obligation, to monitor the materials posted on the Website. Decathlon shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms and Conditions. Notwithstanding this right, the Users remain solely responsible for the content of the materials the users post on the website and in the User’s private messages. In no event shall Decathlon assume or have any responsibility or liability for any Content posted by another the User or for any claims, damages or losses resulting from use of Content and/or appearance of Content on the Website. The Users hereby represent and warrant that the content the Users publish on the Website shall not infringe any proprietary or other rights of Decathlon or any third parties or contain any libellous, tortious, or otherwise unlawful information.

 

45)  The User’s correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Website, including payment and delivery of related products, and any other terms, conditions, warranties or representations associated with such dealings, are solely between The Users and such advertiser. Decathlon shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Website.

 

46)  It is possible that other the Users (including unauthorized the Users or "hackers") may post or transmit offensive or obscene materials on the Website and that The Users may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about The Users due to the User’s use of the Website, and that the recipient may use such information to harass or injure The Users. Decathlon does not approve of such unauthorized uses, but by using the Website The Users acknowledge and agree that Decathlon is not responsible for the use of any personal information that The Users publicly disclose or share with others on the Website. Please carefully select the type of information that The Users publicly disclose or share with others on the Website.

 

47)  Decathlon shall have all the rights to take necessary action and claim damages that may occur due to the User’s involvement/participation in any way on the User’s own or through group/s of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).

 

48)  The Users shall not have the right to resell any of the products purchased from the Website or any other Decathlon’s selling platforms (both online and offline) unless such right is expressly granted to the User in writing by Decathlon.

 

49)  The Website is a platform that Users utilize to discover Decathlon products and where Users show interest in purchasing these products.

 

50)  All commercial/contractual terms are offered by and agreed to between the Users and Decathlon. The commercial/contractual terms include without limitation, price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to products and services and after sales services related to products and services.

 

51)  The Users can take a close look at the Website for a complete description of the products. In spite of Decathlon doing its best to describe and present the articles being sold on the website as accurately as possible, some product characteristics may be altered slightly. Despite all precautions by Decathlon, there may be inadvertent errors, and Decathlon shall not under any circumstances be held liable should this arise. The photographs of products shown on the Website are not contractually binding. Under no circumstances may Decathlon be held liable on the basis of said photographs or description of the products being sold. Decathlon also does not make any representation or Warranty as to specifics (such as quality, value, saleability, etc.) of the products to be sold or offered to be sold or purchased on the Website.

 

52)  The Users shall be responsible for any non-performance or breach of any contract entered into between Users and Decathlon.

 

53)  Decathlon attempts to keep the elements mentioned on its website accurate and complete. In particular the information about pricing, specifications and in general case all information about Decathlon’s products is subject to change without notice. It is possible that there could be errors or omissions in the information provided in this website. The information could also be incomplete. Decathlon is not responsible for any errors, omissions or representations on any of Decathlon’s pages or any links on any of Decathlon’s pages.

 

54)  Disclaimer: The prices displayed on products are expressed in Indian Rupees and shall include all taxes applicable by law. Product prices shall not include delivery charges, the cost of certain forms of packing or charges for certain optional services selected by the Users. Decathlon shall have the right to refuse or cancel any orders placed by the User. Pricing on any product(s) as is reflected on the Website may be subjected to some technical issue, typographical error or product information published may be incorrectly reflected and in such an event Decathlon may cancel the User’s order(s).

 

55)  The Users release and indemnify Decathlon and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the Website and specifically waive any claims that the Users may have in this regard under any applicable law. Notwithstanding its reasonable efforts in that behalf, Decathlon cannot take responsibility or control the information provided by other Users which is made available on the Website. The Users may find other Users’ information to be offensive, harmful, inconsistent, inaccurate, or deceptive. Please use caution and practice safe trading when using the Website.

 

56)  Please note that there could be risks in dealing with Users acting under false pretence or false declarations.

 

57)  In relation to the products offered on the website, the text, graphics, User interfaces, visual interfaces, photographs, trademarks, logos, sounds, music and artwork (collectively, "Content"), is Decathlon generated Content.

 

58)  Except as expressly provided in these Terms and Conditions, no part of the Website and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, Website or other medium for publication or distribution or for any commercial enterprise, without Decathlon's express prior written consent.

 

59)  The Users may use information on the products and services purposely made available on the Website for downloading, provided that the Users (1) do not remove any proprietary notice language in all copies of such documents, (2) use such information only for User’s personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) do not make any additional representations or warranties relating to such documents.

 

60)  The Users shall be responsible for any notes, messages, emails, billboard postings, photos, drawings, profiles, opinions, ideas, images, videos, audio files or other materials or information posted or transmitted to the Website (under the scope of “Content”). Such Content will become Decathlon’s property and The Users grant Decathlon the worldwide, perpetual and transferable rights in such Content. Decathlon shall be entitled to, consistent with Decathlon’s Privacy Policy as adopted in accordance with applicable law, use the Content or any of its elements for any type of use forever, including but not limited to promotional and advertising purposes and in any media whether now known or hereafter devised, including the creation of derivative works that may include the Content The Users provide. The Users agree that any Content the Users post may be used by us, consistent with Decathlon’s Privacy Policy on the Website as mentioned herein, and The Users are not entitled to any payment or other compensation for such use.

 

61)  Privacy: Decathlon views protection of the User’s privacy as a very important principle. Decathlon understands clearly that the User and User’s Details is one of Decathlon’s most important assets. Decathlon stores and processes the User’s Data, including but not limited to any sensitive financial information collected (as defined under the Information Technology Act, 2000), Registration Data collected through the website, trends, analytics, email IDs, names etc., if any, on computers that may be protected by physical as well as reasonable technological security measures and procedures in accordance with Information Technology Act 2000 and Rules there under. Decathlon’s current Privacy Policy is available at the Privacy Policy Page. If The Users object to User’s Information being transferred or used in this way please do not use Website.

 

62)  Decathlon may share User’s Data with Decathlon’s other corporate entities and affiliates. These entities and affiliates may market to the Users as a result of such sharing unless the Users explicitly opt-out.

 

63)  Decathlon may disclose Data to third parties. This disclosure may be required for Decathlon to provide the Users access to Decathlon’s Services, to comply with Decathlon’s legal obligations, to enforce Decathlon’s Agreements, to facilitate Decathlon’s marketing and advertising activities, or to prevent, detect, mitigate, and investigate fraudulent or illegal activities related to Decathlon’s Services. Decathlon does not disclose User’s Data to third parties for their marketing and advertising purposes without the User’s explicit consent.

 

64)  Decathlon may disclose Data if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to respond to subpoenas, court orders, or other legal process. Decathlon may disclose personal information to law enforcement offices, third party rights owners, or others in the good faith belief that such disclosure is reasonably necessary to: enforce Decathlon’s Terms or Privacy Policy; respond to claims that an advertisement, posting or other content violates the rights of a third party; or protect the rights, property or personal safety of Decathlon’s Users or the general public.

 

65)  Decathlon and Decathlon’s affiliates will share / sell some or all of User’s Data with another business entity should Decathlon (or Decathlon’s assets) plan to merge with, or be acquired by that business entity, or re-organization, amalgamation, restructuring of business. Should such a transaction occur that other business entity (or the new combined entity) will be required to follow this privacy policy with respect to User’s Data.

 

66)  Disclaimer of Warranties and Liability

This Website, all the materials and products (including but not limited to software) and services, included on or otherwise made available to The Users through this Website are provided on "as is" and "as available" basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, Decathlon does not warrant that:

a)      This Website will be constantly available, or available at all; or

b)      The information on this Website is complete, true, accurate or non-misleading.

 

67)  Decathlon will not be liable to the User in any way or in relation to the Contents of, or use of, or otherwise in connection with, the Website. Decathlon does not warrant that this Website; information, Content, materials, product (including software) or services included on or otherwise made available to the Users through the Website; their servers; or electronic communication sent from Decathlon are free of viruses or other harmful components.

 

68)  Nothing on Website constitutes, or is meant to constitute, advice of any kind. All the Products sold on Website are governed by different state laws and if Decathlon is unable to deliver such Products due to implications of different state laws, Decathlon will return or will give credit for the amount (if any) received in advance by Decathlon from the sale of such product that could not be delivered to the User.

 

69)  Payment: While availing any of the payment method/s available on the Website, Decathlon will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to the Users due to:

a)      Lack of authorization for any transaction/s, or

b)      Exceeding the pre-set limit mutually agreed by The Users and between "Bank/s", or

c)      Any payment issues arising out of the transaction, or

d)     Decline of transaction for any other reason/s

 

70)  All payments made against the purchases/services on Website by the Users shall be compulsorily in Indian Rupees acceptable in the Republic of India. Website will not facilitate transaction with respect to any other form of currency with respect to the purchases made on Website.

 

71)  Before shipping/delivering User’s order to the Users, Decathlon may request the Users to provide supporting documents (including but not limited to Govt. issued ID/Business License and address proof) to establish the ownership of the payment instrument used by the Users for User’s purchase. This is done in the interest of providing a safe online shopping environment to Decathlon’s Users.

 

72)  Transactions, Transaction Price and all commercial terms such as Delivery, Dispatch of products and/or services are as per principal to principal bi partite contractual obligations between User and Decathlon and payment facility is merely used by the User and Decathlon to facilitate the completion of the Transaction.

 

73)  The Users have specifically authorized Decathlon or its service providers to collect, process, facilitate and remit payments and / or the Transaction Price electronically or through Cash on Delivery to and from other Users in respect of transactions through Payment Facility. User’s relationship with Decathlon is on a principal to principal basis.

 

74)  The Users understand, accept and agree that the payment facility provided by Decathlon is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, receiving payment through Cash On Delivery, collection and remittance facility for the Transactions on the Decathlon Website using the existing authorized banking infrastructure and Credit Card payment gateway networks. Further, by providing Payment Facility, Decathlon is neither acting as trustees nor acting in a fiduciary capacity with respect to the Transaction or the Transaction Price.

 

 

75)  Payment Facility for Users: The Users understand that upon initiating a Transaction the Users are entering into a legally binding and enforceable contract with Decathlon to purchase the products using the Payment Facility, and The Users shall pay the Transaction Price through User’s Issuing Bank to Decathlon using Payment Facility.

 

76)  The Users may agree with Decathlon through electronic communication and electronic records and using the automated features as may be provided by Payment Facility on any extension / increase in the Dispatch and/or Delivery time and the Transaction shall stand amended to such extent. Any such extension / increase of Dispatch / Delivery time or subsequent novation / variation of the Transaction should be in compliance with Payment Facility Rules and Policies.

 

77)  The Users shall electronically notify Payment Facility using the appropriate Decathlon Website features immediately upon Delivery or non-Delivery within the time period as provided in Policies. Non notification by The Users of Delivery or non-Delivery within the time period specified in the Policies shall be construed as a deemed Delivery in respect of that Transaction. In case of Cash on Delivery transactions, User is not required to confirm the receipt of products or services.

 

78)  The Users shall be entitled to claim a refund of the Transaction Price (as User’s sole and exclusive remedy) in case The Users do not receive the Delivery within the time period agreed in the Transaction or within the time period as provided in the Policies, whichever is earlier. In case the Users do not raise a refund claim using Website features within the stipulated time than this would make The Users are ineligible for a refund.

 

79)  The Users understand that the Payment Facility may not be available in full or in part for certain category of products and/or services and/or Transactions as mentioned in the Policies and hence The Users may not be entitled to a refund in respect of the Transactions for those products and /or services.

 

80)  Except for Cash on Delivery transaction, refund, if any, shall be made at the same Issuing Bank from where Transaction Price was received.

 

81)  For Cash on Delivery transactions, refunds, if any, will be made via demand draft in favour of the User (As per registration details provided by the User)

 

82)  Refund shall be made in Indian Rupees only and shall be equivalent to the Transaction Price received in Indian Rupees.

 

83)  For electronics payments, refund shall be made through payment facility using NEFT / RTGS or any other online banking / electronic funds transfer system approved by Reserve Bank India (RBI).

 

84)  Refund shall be conditional and shall be with recourse available to Decathlon in case of any misuse by User.

 

85)  Refund shall be subject to User complying with Policies.

 

86)  Decathlon reserves the right to impose limits on the number of Transactions or Transaction Price which Decathlon may receive from on an individual Valid Credit/Debit/ Cash Card / Valid Bank Account/ and such other infrastructure or any other financial instrument directly or indirectly through payment aggregator or through any such facility authorized by RBI to provide enabling support facility for collection and remittance of payment or by an individual User during any time period, and reserves the right to refuse to process Transactions exceeding such limit.

 

87)  Decathlon reserves the right to refuse process Transactions by Users with a prior history of questionable charges including without limitation breach of any agreements by User with Decathlon or breach/violation of any law or any charges imposed by Issuing Bank or breach of any policy.

 

88)  Decathlon may do such checks as it deems fit before approving the receipt of/Users commitment to pay (for Cash On Delivery transactions) Transaction Price from the User for security or other reasons at the discretion of Decathlon. As a result of such check if Decathlon is not satisfied with the creditability of the User or genuineness of the Transaction / Transaction Price, it will have the right to reject the receipt of / Users commitment to pay Transaction Price.

 

89)  Decathlon may delay notifying the payment confirmation i.e. delay to Dispatch, if Decathlon deems suspicious or for Users conducting high transaction volumes to ensure safety of the Transaction and Transaction Price. In addition, Decathlon may hold Transaction Price and Decathlon may not Dispatch or remit Transaction Price to law enforcement officials (instead of refunding the same to User) at the request of law enforcement officials or in the event the User is engaged in any form of illegal activity.

 

90)  The Users acknowledge that Decathlon will not be liable for any damages, interests or claims etc. resulting from not processing a Transaction/Transaction Price or any delay in processing a Transaction/Transaction Price which is beyond control of Decathlon.

 

91)  User shall comply with all the applicable laws (including without limitation Foreign Exchange Management Act, 1999 and the rules made and notifications issued there under and the Exchange Control Manual as may be issued by Reserve Bank of India from time to time, Customs Act, Information and Technology Act, 2000 as amended by the Information Technology (Amendment) Act 2008, Prevention of Money Laundering Act, 2002 and the rules made thereunder, Foreign Contribution Regulation Act, 1976 and the rules made there under, Income Tax Act, 1961 and the rules made there under, Export Import Policy of government of India) applicable to them respectively for using Payment Facility and Decathlon Website.

 

92)  User's arrangement with Issuing Bank: All Valid Credit / Debit/ Cash Card/ and other payment instruments are processed using a Credit Card payment gateway or appropriate payment system infrastructure and the same will also be governed by the terms and conditions agreed to between the User and the respective Issuing Bank and payment instrument issuing company.

 

93)  All Online Bank Transfers from Valid Bank Accounts are processed using the gateway provided by the respective Issuing Bank which support Payment Facility to provide these services to the Users. All such Online Bank Transfers on Payment Facility are also governed by the terms and conditions agreed to between User and the respective Issuing Bank.

 

94)  Profanity Policy: Decathlon prohibits the use of language that is racist, hateful, sexual or obscene in nature in a public area. This policy extends to text within listings, on Decathlon pages and all other areas of the Website that another User may view. If the profane words are part of a title for the item being sold, Decathlon will 'blur' out the bulk of the offending word with asterisks (i.e., s*** or f***).

Please report any violations of this policy to the correct area for review:

a)      Report offensive Display Names

b)      Report offensive language in a listing or otherwise

 

95)  If a feedback comment; or any communication made between Users on the Website; or email communication between Users in relation to transactions conducted on Website contain profanity, please review Decathlon’s feedback removal policy and submit a request for action/removal.

 

96)  Disciplinary action may result in the indefinite suspension of a User's account, temporary suspension, or a formal warning. Decathlon will consider the circumstances of an alleged policy violation and the User's trading records before taking action.

97)  Violations of this policy may result in a range of actions, including:

a)      Limits placed on account privileges;

b)      Loss of special status;

c)      Account suspension.

 

98)  Indemnity – The User agrees to indemnify, defend and hold Decathlon harmless from and against any claim, liability, obligation, loss, damage, deficiency, assessment, judgment, cost or expense (including, without limitation to costs and expenses incurred in preparing and defending against or prosecuting any litigation, claim, action, suit proceeding or demand) of any kind or character, arising out of or in any manner incidental, relating, or attributable to any inaccuracy, breach, or failure by the User to perform and observe the representations, warranties and obligations described in these Terms and Conditions, or arising out of any wrongful acts or omissions, negligence or misconduct of the User, its affiliates, or its employees or its agents. The User also agrees to indemnify Decathlon against any claims, losses or damages that Decathlon may suffer in the event the User does not comply with any law or statutory obligations, including but not limited to GST.  Notwithstanding anything contained elsewhere to the contrary, the User agrees that if a remedy at law for any breach of the foregoing covenants be inadequate, Decathlon, in addition to any other remedies available, shall also be entitled to apply for specific performance or injunction either prohibitory or mandatory.

 

99)  Damages - Decathlon shall have the right to claim from the User any financial loss or penalties suffered by Decathlon either due to any non-compliance of the law or statutory obligations, or due to any violation of these Terms and Conditions on the part of the User.

 

100)          Limitation of Liability: In no event shall decathlon be liable for any special, incidental, indirect or consequential damages of any kind in connection with these terms and conditions, even if User has been informed in advance of the possibility of such damages.

 

101)          Contact Details –

b2b.india@decathlon.com

Address:

Decathlon Sports India Private Limited

Omni-Commerce Department

Survey No. 78/10, A2- 0, Chikkajala Village,

Bellary Road, Bangalore 562157, KA, IN

Phone: 076767 98989

 

102)          Grievance officer: In accordance with Information Technology Act 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below:

 

Mr. Urender Singh

Decathlon Sports India Pvt Ltd.

Survey No. 78/10 A20- Chikkajala Village,

Bellary Road, Bangalore – 562157, Karnataka, India.

Email: urender.singh@decathlon.com

Time: Mon-Sat, 9 am to 6 pm

 

103)          Unless otherwise specified, the material on the Website is presented solely for the purpose of sale in India. Decathlon make no representation that materials in the Website are appropriate or available for use in other locations/Countries other than India. Those who choose to access this Website from other locations/Countries other than India do so on their own initiative and Decathlon is not responsible for supply of products/refund for the products ordered from other locations/Countries other than India, compliance with local laws, if and to the extent local laws are applicable. If a User operates outside India, please refer to the partners within the Decathlon GROUP.

 

104)          Disputes (Resolutions) Policy: Generally, transactions are conducted smoothly on decathlon.in. However there may be some cases where both the Users and Decathlon may face issues. Decathlon s a Dispute Resolution process in order to resolve disputes between Users and Decathlons.

 

105)          What is a 'dispute'?

A 'Dispute' can be defined as a disagreement between a User and Decathlon in connection with a transaction on the Website.

 

106)          How does a 'dispute' occur in the Marketplace?

Disputes are filed as a result of a disagreement between the User and Decathlon. Disputes arise out of an issue that is raised by either party not being completely satisfied with the resolution of their complaint/issue. It is important that before a User/Decathlon raises a dispute, they should attempt to solve the issue.

 

107)          How is a 'dispute' created?

Whenever there is a disagreement, the User can write to b2b.india@decathlon.com, in order to raise a dispute. Disputes can be raised at a particular transaction level.

 

108)          What are the various types of 'disputes'?

Following are the indicative examples of potential disputes:

a)      Wrong item received

b)      Item Not as described

c)      Damaged or Seal broken on Product

d)     Part/Accessory missing

e)      Item not Compatible

f)       Decathlon Description/Specification Wrong

g)      Defective (Manufacturing defects)

h)      Product not working and Decathlon claims invalid Invoice

 

109)          Disputes via Chargeback: Whenever a chargeback (CB) comes from a payment gateway/bank, following situations may arise:

a)      Item not received CB - User hasn't received the item. Refund will be created in accordance with the dispute policies

b)      Unauthorized CB - User hasn't made this particular transaction. Refund will be created in accordance with the dispute policies.

c)      Item not as described - meaning item is not what User expected. Dispute will be decided in accordance with the dispute policies.

 

110)          Decathlon expressly agrees that issuing the correct and complete invoice is the sole and primary responsibility of Decathlon.

 

111)          Email Abuse & Threat Policy: Private communication, including email correspondence, is not regulated by Decathlon. Decathlon encourages its Users to be professional, courteous and respectful when communicating by email. However, Decathlon will investigate and can take action on certain types of unwanted emails that violate Decathlon policies. Such instances include but are not limited to:

a)      Threats of Bodily Harm - Decathlon does not permit Users to send explicit threats of bodily harm.

b)      Misuse of Decathlon System - Decathlon allows Users to facilitate transactions through the Decathlon system, but will investigate any misuse of this service.

c)      Spoof (Fake) email - Decathlon will never ask the Users to provide sensitive information through email. In case the Users receive any spoof (fake) email, the Users are requested to report the same to Decathlon through 'Contact Us' tab.

d)     Spam (Unsolicited Commercial email) - Decathlon's spam policy applies only to unsolicited commercial messages sent by Decathlon Users. Decathlon Users are not allowed to send spam messages to other Users.

e)      Offers to Buy or Sell Outside of Decathlon - Decathlon prohibits email offers to buy or sell listed products outside of the Decathlon Website. Offers of this nature are a potential fraud risk for both Users and Decathlon.

f)       Decathlon policy prohibits User-to-User threats of physical harm via any method including, phone, email and on Decathlon’s public message boards.

 

112)          Violations of this policy may result in a range of actions, including:

a)      Limits on account privileges

b)      Account suspension

c)      Cancellation of listings

d)     Loss of special status

 

113)          Other Businesses: Decathlon does not take responsibility or liability for the actions, products, content and services on the Website, which are linked to Affiliates and / or third party websites using Website's APIs or otherwise. In addition, the Website may provide links to the third party websites of Decathlon’s affiliated companies and certain other businesses for which, Decathlon assumes no responsibility for examining or evaluating the products and services offered by them. Decathlon do not warrant the offerings of, any of these businesses or individuals or the content of such third party website(s). Decathlon does not endorse, in any way, any third party website(s) or content thereof.

 


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