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Terms and Condition

Definitions

  1. “Authorized Signatory” shall mean any such individual who has been authorized by the Buyer to sign on behalf of the Buyer;
  2. “B2B” shall mean business to business;
  3. “Buyer” shall mean any natural or legal person who has agreed to become a buyer by providing Registration Data while registering on the Website. Decathlon allows the Buyer to surf the Website without registering on the Website, however to make purchases, the Buyer must be registered on the Website.
  4. “Buyer Content” shall mean, including but not limited to, 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;
  5. “Buyer’s Data” shall mean the 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 thereunder;
  6. “Content” shall mean either Decathlon Content, or Buyer Content, or both, as the context may require;
  7. “Decathlon” shall mean Decathlon Sports India Private Limited;
  8. “Decathlon Content” shall mean in relation to the products offered on the Website, the text, graphics, Buyer interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and any other Intellectual Property in the name of Decathlon post or prior these Terms and Conditions;
  9. “Registration Data” shall mean the entire list of documents as mentioned in Clause 9 of the Terms and Conditions;
  10. “Terms and Conditions” shall mean the terms and conditions enshrined in this document along with any other applicable policies, changes to this document and set of rules applicable from time to time;
  11. “Website” shall mean the “b2b.decathlon.in” that Buyers utilize to discover Decathlon products and where Buyers show interest in purchasing these products;

General Terms and Conditions

  1. 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. 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 b2b.decathlon.in website.
  3. 3. The domain name b2b.decathlon.in (hereinafter referred to as "Website") is owned by Decathlon Sports India Private Limited (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. 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" 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. 5. For the purpose of registration as a Buyer, a business entity must be in the capacity to form legally binding contracts under the Indian Contract Act, 1872.
  6. 6. When Buyers use any of the services provided by Decathlon through the Website, including but not limited to, product reviews, pricing, purchasing etc., the Buyer 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 Buyer. It is the Buyer’s responsibility to review these Terms and Conditions periodically for updates/changes. The Buyer’s continued use of the Website following the posting of changes will mean that the Buyer accepts and agrees to the revisions. As long as the Buyer comply with these Terms and Conditions, Decathlon grants the Buyers a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website.
  7. 7. Accessing, browsing or otherwise using the Website indicates the Buyer’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 Buyers also accept and agree to be bound by all Decathlon Policies, present and future (including but not limited to Privacy Policy etc.) as amended from time to time.
  8. 8. 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 Buyer j) Address for Delivery (if applicable)
  9. 9. 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.
  10. 10. The registration form must be signed by the authorised signatory of the business entity accompanied by a signature proof and an authority to sign.
  11. 11. Proprietorships can be registered as a single entity only.
  12. 12. Fee Policy: Decathlon does not charge any fee for browsing the Website and for Buyers 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 INR. The Buyers shall be solely responsible for compliance of all applicable laws including those in India for making payments to Decathlon.
  13. 13. If Buyers use the Website and register as a Buyer, such Buyer shall be responsible for maintaining the confidentiality of Buyer’s display name and password and Buyer shall be responsible for all activities which occur under Buyer’s display name and password. The Buyer agrees that if the Buyer 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 these Terms and Conditions, Decathlon shall have the right to indefinitely suspend or terminate or block access of Buyer’s membership on the Website and refuse to provide the Buyer with access to the Website.
  14. 14. When Buyers use the Website or send emails or other data, information or communication to Decathlon, the Buyers agree and understand that the Buyers are communicating with Decathlon through electronic records and the Buyer consent to receive communications via electronic records from Decathlon periodically. As and when required, Decathlon may communicate with the Buyers by email or by such other mode of communication, electronic or otherwise.
  15. 15. All orders raised by the Buyer shall be placed only through the Buyer’s dedicated membership account.
  16. 16. Whenever there is a change of Authorised Signatory, the Buyer shall produce to Decathlon, the authorisation letter in favour of the new authorised signatory.
  17. 17. Buyers shall not resell Decathlon products on any online portals or online marketplaces. Reselling shall be strictly restricted to offline reselling only.
  18. 18. Buyers shall not under any circumstance resell Decathlon products above the MRP value affixed on the product.
  19. 19. In Decathlon, consignment sales are strictly prohibited to Buyer.
  20. 20. Buyers shall bear any and all delivery charges of products ordered from Decathlon, wherever applicable.
  21. 21. 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/or confirmation of the order and strictly shall not be made to any other address. 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.
  22. 22. Invoices shall be raised by Decathlon only to the registered address provided by the Buyer at the time of registration.

Returns

  1. 23. The Buyer shall be entitled to apply for the below reasons – a. Products having manufacturing defect b. If the Buyer has received the product(s) in a physically damaged condition and/or has missing parts or accessories compared to the description of the product at the time of purchase of the same.
  2. 24. Returns shall be limited the conditions mentioned above alone. In such instances, Buyers shall initiate the return within 48 hours from the date of delivery of products to the Buyers. Such instances shall be intimated to [email protected] with photographic / video evidence attached.
  3. 25. For avoidance of any doubts, all health, hygiene, personal care and wellness products including but not limited to intimate apparel, gym supports, guards, socks, swimsuits and perishable product are non-returnable products. However, in the unlikely event of the Buyer receiving damaged, defective, or different product(s), Decathlon will provide an option to the Buyer to initiate return once the Buyer has provided Decathlon with a photographic/video evidence.
  4. 26. In the event an order is cancelled for non-defective reasons, Decathlon shall not be liable to accept any returns and process any refund of the amount unless – a) The goods are not yet dispatched from Decathlon b) Wrong products have been received by the Buyer which shall be brought to the notice of Decathlon within 48 hours from the time of delivery. Such instances shall be intimated to [email protected] with photographic / video evidence attached.
  5. 27. Decathlon reserves the right to accept or reject any request for returns made by the Buyer.
  6. 28. Decathlon shall process the returns only in the event – a) Decathlon determines that the product was not damaged while in possession of the Buyer, and; b) The product is returned in its original condition – with Decathlon’s / manufacturer’s packaging, MRP tag/label intact, user manual, warranty card (if any) and all accessories in place. c) Decathlon shall not accept cancellation, returns or exchanges of customised products ordered by the Buyers.
  7. 29. The customers of the Buyer cannot avail returns, exchanges, and claims directly at Decathlon. All such returns, exchanges and claims must be resolved by the Buyer only.
  8. 30. The Buyer cannot avail any credit facility whatsoever. Delivery of the products ordered will be made to the address provided only when Decathlon successfully receives full payment for the products ordered by the Buyer.

Invoicing & Payments

  1. 31. The Buyer shall make payments for purchase on the Website through payments modes available on the Website to the Buyer or by an electronic transfer (NEFT/ RTGS) in favour of Decathlon with the details as below. –
  2. 32. Any dispute regarding any transaction between Decathlon and the Buyers 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.

Payments & Refunds

  1. 33. Payment: While availing any of the payment method/s available on the Website or by an electronic transfer (NEFT/ RTGS) in favour of Decathlon with the details as below – Bank Name: Credit Agricole Corporation & Investment Bank Account Owner: Decathlon Sports India Pvt.Ltd Account Number: 05003170100004 IFSC Code: CRLY0000005 Branch: Residency Road, Bangalore
  2. 34. In the event, the Buyer is making payment via NEFT/RTGS, the payment details shall be mailed to [email protected].
  3. 35. Decathlon will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to the Buyers due to: a. Lack of authorization for any transaction/s, or b. Exceeding the pre-set limit mutually agreed by The Buyers and between "Bank/s", or c. Any payment issues arising out of the transaction, or d. Decline of transaction for any other reason/s
  4. 36. All payments made against the purchases/services on Website by the Buyers 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.
  5. 37. Before shipping/delivering the Buyer’s order to the Buyers, Decathlon may request the Buyers 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 Buyers for Buyer’s purchase. This is done in the interest of providing a safe online shopping environment to Decathlon’s Buyers.
  6. 38. 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 Buyer and Decathlon and payment facility is merely used by the Buyer and Decathlon to facilitate the completion of the Transaction. 39. The Buyers have specifically authorized Decathlon or its service providers to collect, process, facilitate and remit payments and / or the Transaction Price electronically to and from other Buyers in respect of transactions through Payment Facility. Buyer’s relationship with Decathlon is on a principal to principal basis. 40. The Buyers 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, 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.
  7. 39. The Buyers have specifically authorized Decathlon or its service providers to collect, process, facilitate and remit payments and / or the Transaction Price electronically to and from other Buyers in respect of transactions through Payment Facility. Buyer’s relationship with Decathlon is on a principal to principal basis.
  8. 40. The Buyers 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, 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.
  9. 41. Payment Facility for Buyers: The Buyers understand that upon initiating a Transaction the Buyers are entering into a legally binding and enforceable contract with Decathlon to purchase the products using the Payment Facility, and The Buyers shall pay the Transaction Price through Buyer’s Issuing Bank to Decathlon using Payment Facility.
  10. 42. The Buyers 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.
  11. 43. The Buyers 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 Buyers 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, Buyer is not required to confirm the receipt of products or services.
  12. 44. The Buyers 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 Buyers may not be entitled to a refund in respect of the Transactions for those products and /or services.
  13. 45. Refund shall be made in Indian Rupees only and shall be equivalent to the Transaction Price received in Indian Rupees.
  14. 46. 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).
  15. 47. Refund shall be conditional and shall be with recourse available to Decathlon in case of any misuse by Buyer.
  16. 48. Refund shall be subject to Buyer complying with Policies.
  17. 49. 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 Buyer during any time period, and reserves the right to refuse to process Transactions exceeding such limit.
  18. 50. Decathlon reserves the right to refuse process Transactions by Buyers with a prior history of questionable charges including without limitation breach of any agreements by Buyer with Decathlon or breach/violation of any law or any charges imposed by Issuing Bank or breach of any policy.
  19. 51. Decathlon may delay notifying the payment confirmation i.e. delay to dispatch, if Decathlon deems suspicious or for Buyers 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 Buyer) at the request of law enforcement officials or in the event the Buyer is engaged in any form of illegal activity.
  20. 52. The Buyers 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.
  21. 53. Buyer 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.
  22. 54. Buyer'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 Buyer and the respective Issuing Bank and payment instrument issuing company.
  23. 55. 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 Buyers. All such Online Bank Transfers on Payment Facility are also governed by the terms and conditions agreed to between Buyer and the respective Issuing Bank.

Representations and Warranties of the Buyer

  1. Use of the Website
  2. 56. The Buyers 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 Buyer 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 Buyers 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 applicable 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.
  3. Content posted on Website
  4. 57. The Buyers 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 restrict any such activity.
  5. 58. The Buyers 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.
  6. 59. The Buyers 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 Buyers may not reverse look-up, trace or seek to trace any information on any other the Buyer of or visitor to Website, or any other customer, including any account on the Website not owned by the Buyers, 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 Buyer’s own information, as provided for by the Website.
  7. 60. The Buyers 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 of 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.
  8. 61. The Buyers 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.
  9. 62. The Buyers 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.
  10. 63. The Buyers may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal the Buyers send to Decathlon, on or through the Website or any service offered on or through the Website. The Buyers shall not pretend that the Buyers are, or that The Buyers represent, someone else, or impersonate any other individual or entity.
  11. 64. The Buyers 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.
  12. 65. The Buyers 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 Buyer’s use of Decathlon’s service and the Buyer’s listing, purchase, solicitation of offers to purchase, and sale of products or services. The Buyers 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.
  13. 66. In order to enable Decathlon to use the information the Buyers provide to Decathlon, and to ensure that that Decathlon is not violating any rights the Buyers might have in the Buyer’s Information, the Buyers 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 Buyers have in the Buyer’s Information, in any media now known or not currently known, with respect to the Buyer’s Information. Decathlon will only use the Buyer’s information in accordance with the Terms and Conditions and Privacy Policy applicable to use of the Website.
  14. 67. The Buyers shall be responsible for the up keeping of the information related to the products sold by Decathlon. In this connection, the Buyers undertake that all such information shall be secured in all respects. The Buyers shall not defame the attributes of such products or services so as to mislead anyone.
  15. 68. The Buyers shall not engage in advertising to, or solicitation of other Buyers 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 Decathlon. The Buyers may not transmit any chain letters or unsolicited commercial or junk email to other Buyers 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 Decathlons’ the Buyers from such advertising or solicitation, Decathlon reserve the right to restrict the number of messages or emails which a the Buyer may send to other the Buyers in any 24-hours period which Decathlon deems appropriate in its sole discretion. The Buyers understand that Decathlon has 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 Buyers hereby expressly authorize Decathlon to) disclose any information about the Buyers 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.
  16. 69. 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 Buyers remain solely responsible for the content of the materials the Buyers use in the Buyer’s messages and communication for promotion. In no event shall Decathlon assume or have any responsibility or liability for any Content posted by the Buyer or for any claims, damages or losses resulting from use of Content and/or appearance of Content on the Website. The Buyers hereby represent and warrant that the content the Buyers 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 and shall take complete responsibility for the Content posted, legally and otherwise.
  17. 70. The Buyer’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 Buyers 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.
  18. 71. It is possible that other the Buyers (including unauthorized Buyers or "hackers") may post or transmit offensive or obscene materials on the Website and that the Buyers may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about the Buyers due to the Buyer’s use of the Website, and that the recipient may use such information to harass or injure the Buyers. Decathlon does not approve of such unauthorized uses, however, by using the Website the Buyers acknowledge and agree that Decathlon is not responsible for the use of any personal information that the Buyers publicly disclose or share with others on the Website. Please carefully select the type of information that the Buyers publicly disclose or share with others on the Website.
  19. 72. All commercial/contractual terms are offered by and agreed to between the Buyers 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.
  20. 73. The Buyers 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.
  21. 74. The Buyers shall be responsible for any non-performance or breach of any contract entered into between Buyers and Decathlon.
  22. 75. 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.
  23. 76. Please note that there could be risks in dealing with entities posing as Decathlon acting under false pretence or false declarations. The Buyers shall practice caution and beware of such incidents.

Data and Content Handling

  1. 77. In relation to the products offered on the website, the text, graphics, Buyer interfaces, visual interfaces, photographs, trademarks, logos, sounds, music and artwork (collectively, "Decathlon Content"), is Decathlon generated Content.
  2. 78. 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.
  3. 79. The Buyers may use information on the products and services purposely made available on the Website for downloading, provided that the Buyers (1) do not remove any proprietary notice language in all copies of such documents, (2) use such information only for Buyer’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.
  4. 80. The Buyers 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 “Buyer Content”). Such Content will become Decathlon’s property and the Buyers 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 in perpetuity, 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 Buyers provide. The Buyers agree that any Content the Buyers post may be used by Decathlon, consistent with Decathlon’s Privacy Policy on the Website as mentioned herein, and the Buyers are not entitled to any payment or other compensation for such use.

Contents Posted on Website

  1. In relation to the products offered on the website, the text, graphics, Buyer interfaces, visual interfaces, photographs, trademarks, logos, sounds, music and artwork (collectively, "Content"), is Decathlon generated content.
  2. 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.
  3. The Buyers may use information on the products and services purposely made available on the Website for downloading, provided that The Buyers (1) do not remove any proprietary notice language in all copies of such documents, (2) use such information only for Buyer’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.
  4. The Buyers 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 (collectively, "Content"). Such Content will become Decathlon’s property and The Buyers 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 Buyers provide. The Buyers agree that any Content the Buyers post may be used by us, consistent with Decathlon’s Privacy Policy and Rules of Conduct on Site as mentioned herein, and The Buyers are not entitled to any payment or other compensation for such use.

Privacy

  1. 81. Decathlon views protection of the Buyer’s privacy as a very important principle. Decathlon understands clearly that the Buyer and Buyer’s Data is one of Decathlon’s most important assets. Decathlon stores and processes the Buyer’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 Buyers object to Buyer’s Information being transferred or used in this manner please do not use Website.
  2. 82. Decathlon may share Buyer’s Data with Decathlon’s other corporate entities and affiliates. These entities and affiliates may market to the Buyers as a result of such sharing unless the Buyers explicitly opt-out.
  3. 83. Decathlon may disclose Buyer’s Data to third parties. This disclosure may be required for Decathlon to provide the Buyers 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 Buyer’s Data to third parties for their marketing and advertising purposes without the Buyer’s explicit consent.
  4. 84. 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 Buyers or the general public.
  5. 85. Decathlon and Decathlon’s affiliates will share / sell some or all of Buyer’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 Buyer’s Data.

Disclaimers

  1. 86. 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 Buyers 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: e. This Website will be constantly available, or available at all; or f. The information on this Website is complete, true, accurate or non- misleading.
  2. 87. Decathlon will not be liable to the Buyer 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 Buyers through the Website; their servers; or electronic communication sent from Decathlon are free of viruses or other harmful components.
  3. 88. 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 Buyer.
  4. 89. 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 Buyers. Decathlon shall have the right to refuse or cancel any orders placed by the Buyer. 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 Buyer’s order(s).
  5. 90. The Buyers 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 Buyers of the Website and specifically waive any claims that the Buyers 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 Buyers which is made available on the Website. The Buyers may find other Buyers’ information to be offensive, harmful, inconsistent, inaccurate, or deceptive. Please use caution and practice safe trading when using the Website.

Profanity Policy

  1. 91. 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 Buyer 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: g. Report offensive Display Names h. Report offensive language in a listing or otherwise
  2. 92. If a feedback comment; or any communication made between Buyers on the Website; or email communication between Buyers in relation to transactions conducted on Website contain profanity, please review Decathlon’s feedback removal policy and submit a request for action/removal.
  3. 93. Disciplinary action may result in the indefinite suspension of a Buyer's account, temporary suspension, or a formal warning. Decathlon will consider the circumstances of an alleged policy violation and the Buyer's trading records before taking action.

Intellectual Property

  1. 94. Decathlon is the owner of all the rights of intellectual property attached to the products ordered by the Buyers. Decathlon reserves the right to proceed to the necessary formalities with the aim of their protection on the Territory. Decathlon undertakes to the Buyers a non-exclusive right of use on the brands and Protected Elements owned by Decathlon. The Buyer recognises the existence and validity of the trademark applications or registrations and use of Decathlon's products and undertakes never to challenge their validity, registration and use in the Territory. The Buyer undertakes not to derive any right from the use of Decathlon's products and undertakes never to attempt to register, directly in his name or indirectly by a third party, any identical or confusingly similar trademark or internet domain name that may infringe Decathlon's trademarks or constitute unfair competition. In case the Buyer applies for or uses any identical or similar trademark or domain name to Decathlon's products, they shall immediately take all necessary actions, at their own expense, to cancel or transfer the infringing trademarks or domain names to Decathlon upon Decathlon's first demand. The Buyers undertake to inform and to immediately notify Decathlon of illicit imitation and more generally of any unfair competition practices based on the Protected Elements
  2. 95. This site is controlled and operated by Decathlon and products are sold by Decathlon. All material on this site, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights. Material on Website is solely for Buyer’s personal, non- commercial use. The Buyers must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly and The Buyers must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other website or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which The Buyers receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause.

Indemnity

  1. 96. The Buyer 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 Buyer 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 Buyer, its affiliates, or its employees or its agents. The Buyer also agrees to indemnify Decathlon against any claims, losses or damages that Decathlon may suffer in the event the Buyer does not comply with any law or statutory obligations, including but not limited to GST regulations. Notwithstanding anything contained elsewhere to the contrary, the Buyer 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.
  2. 97. Damages: Decathlon shall have the right to claim from the Buyer 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 Buyer.
  3. 98. 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 Buyer has been informed in advance of the possibility of such damages.
  4. 99. Contact Details – [email protected] 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
  5. 100. 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: [email protected] Time: Mon-Sat, 9 am to 6 pm
  6. 101. Unless otherwise specified, the material on the Website is presented solely for the purpose of sale in India. Decathlon makes 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 shall do so on their own initiative and Decathlon shall not responsible for supply of products/refund for the products ordered from other locations/countries other than India, and jurisdictions where compliance with local laws, if and to the extent local laws are applicable. If a Buyer operates outside India, please refer to the partners within the Decathlon GROUP.

Dispute Resolution

  1. 102. Disputes (Resolutions) Policy: Generally, transactions are conducted smoothly on the Website. However, there may be some cases where both the Buyers and Decathlon may face issues. All disputes shall be subjected to Decathlon’s Dispute Resolution process in order to resolve disputes between Buyers and Decathlon.
  2. 103. What is a 'dispute'? A 'Dispute' can be defined as a disagreement between a Buyer and Decathlon in connection with a transaction on the Website.
  3. 104. How does a 'dispute' occur? Disputes are filed as a result of a disagreement between the Buyer 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 Buyer/Decathlon raises a dispute, they should attempt to solve the issue.
  4. 105. How to report a dispute?? Whenever there is a disagreement, the Buyer can write to [email protected], in order to raise a dispute. Disputes can be raised at a particular transaction level.
  5. 106. 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 i. Unsaleable item
  6. 107. Disputes via Chargeback: Whenever a chargeback (CB) comes from a payment gateway/bank, following situations may arise: a. Item not received CB - Buyer hasn't received the item. Refund will be created in accordance with the dispute policies b. Unauthorized CB - Buyer 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 Buyer expected. Dispute will be decided in accordance with the dispute policies.
  7. 108. Decathlon expressly agrees that issuing the correct and complete invoice is the sole and primary responsibility of Decathlon.
  8. 109. During disputes of any sort, including but not limited to disputes regarding payment, orders placed, delivery of products or quantity of products, if the Buyer 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
  9. 110. Email Abuse & Threat Policy: Private communication, including email correspondence, is not regulated by Decathlon. Decathlon encourages its Buyers to be professional, courteous and respectful when communicating by email. However, Decathlon will investigate and reserves the right to 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 Buyers to send explicit threats of bodily harm. b. Misuse of Decathlon System - Decathlon allows Buyers to facilitate transactions through the Decathlon system, but will investigate any misuse of this service. c. Spoof (Fake) email - Decathlon will never ask the Buyers to provide sensitive information through email. In case the Buyers receive any spoof (fake) email, the Buyers 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 Buyers. Decathlon Buyers are not allowed to send spam messages to other Buyers. 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 Buyers and Decathlon. f. Decathlon policy prohibits Buyer-to-Buyer threats of physical harm via any method including, phone, email and on Decathlon’s public message boards
  10. 111. Consequences of Violation of the Terms and Conditions 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 e. Legal recourse as per these Terms and Conditions
  11. 112. In the event the Buyer is found to be violating Decathlon’s intellectual property rights, any proprietary rights, or has breached the Terms and Conditions,
  12. 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 does 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.