Terms and Conditions
(Version effective as of 1 June 2022)
Please read the terms and conditions outlined below very carefully. The domain name https://decathlonpro.co.za is owned and operated by Decathlon South Africa Sports (Pty) Ltd, a company duly incorporated in terms of the laws of the Republic of South Africa with the registration number 2015/118486/07.
Our primary address is at Decathlon Bryanston, corner Wedgewood Link Road and William Nicol Drive, Bryanston, Sandton, 2191 and we will accept service of all legal documents here.
When the user enters and/or transacts on the website, the user will be in contract with Decathlon and bound by the policies enclosed on the website.
The user’s purchase of any products offered on the website is subject to these terms and conditions and by placing an order for any item, the user agrees to be bound by them.
When the user uses any of the services provided by Decathlon through the website, the user will be bound to the rules, guidelines, policies, terms and conditions applicable to the service and which rules, guidelines, policies and terms are deemed incorporated by reference into these terms and conditions.
The website terms and conditions contain specific provisions to limit our liability. These terms and conditions have been set out in capital letters. Users should pay particular attention to these terms since they may limit your ability to recover losses that you may incur in connection with your use of the website.
“Decathlon”, “we”, “us” or “our”
means Decathlon South Africa Sports (Pty) Ltd;
means the products that the users have chosen while constructing their online shopping carts;
means the collective items that the user has purchased and paid for on the website;
means all products and services listed on the website for purchase;
“user”, “you”, “your”
means the user of this website and/or its services; and
We reserve the right to change these terms and conditions from time to time by changing them on the website, although no such change will affect any order you have already placed with us prior to such change. It is your responsibility to familiarize yourself with the most recent terms and conditions every time you enter the website or place an order. If you do not accept our terms and conditions of use, you may not access our website or use any of the services available on the website.
You may not access this website for any purpose other than for utilizing the services offered on it in the normal manner. You must not access our site for the purpose of redistributing or otherwise using any of our content for your own business purposes unless you are expressly licensed to do so by us in writing. You may not use your access to this website in a manner that would bring us or our business into disrepute. Furthermore, you may not access this site for unlawful purposes or use it in a manner which infringes our rights or the rights of any other person or restricts or inhibits the use or enjoyment of this website by any other person. In this regard, you must comply with the laws, regulations and codes of conduct applicable to your use of this website.
ACCESS TO THE WEBSITE SERVICES IS PROVIDED TO YOU FREE OF CHARGE. RELIANCE AND USE OF THE WEBSITE, CONTENT AND SERVICES ARE THEREFORE AT YOUR OWN RISK. IN NO EVENT WILL WE BE HELD LIABLE TO YOU FOR ANY LOSS OR DAMAGE OF ANY KIND IN CONTRACT, DELICT (INCLUDING NEGLIGENCE) STATUTE OR OTHERWISE ARISING IN CONNECTION WITH YOUR RELIANCE ON OR USE OF THE WEBSITE OR THE CONTENT OR SERVICES PROVIDED, SAVE TO THE EXTENT THAT SUCH LIABILITY CANNOT BE EXCLUDED BY LAW OR THE CONTRARY IS EXPRESSLY STATED.
The user agrees to provide accurate, complete and current information and will not impersonate a third party or misrepresent themselves. The user warrants that all the information provided by it is current, accurate and correct.
To be able to buy any products from the website, the user warrants the following:
- The user is at least 18 years of age; and
- The user will only transact on our website after having thoroughly read the terms and conditions.
You are not permitted to, directly or indirectly, without the prior written consent of Decathlon –
- Market, distribute or sell the products to third parties; or
- Market, distribute or sell the products on any online marketplace; or
- Purchase the products from third party resellers, authorized distributors of Decathlon, agents or sale representatives for resale or redistribution in any manner whatsoever.
User’s Account and Registration Obligations
Users are free to use the website without having registered thereon. You will, however, be required to register on https://decathlonpro.co.za should you wish to transact on the website.
If you are already registered on the website you will be required to provide login details each time you wish to make a new purchase from the website.
When you use the website and/or send emails (or any forms of communication) to Decathlon, you acknowledge that you are communicating with Decathlon using electronic records. In turn, Decathlon may also communicate with you through email and other forms of communication in response to any of your queries.
You will be held liable for the maintenance of all confidentiality of your username and password for your Decathlon account. You will also be responsible for all activities that occur on the website under your username.
Price and Payment
The website operates as a separate business unit to www.decathlon.co.za and the Decathlon physical stores. Therefore, prices of products displayed on the website may differ from those displayed by these other business units. All products are quoted in South African Rands and include VAT. Delivery costs are excluded from the price of products quoted on our website.
Orders will at all times be subject to availability of products.
You shall be entitled to purchase the products from Decathlon at the prices recorded on the Decathlon Pro website by placing an order on the website. Once an order has been placed, Decathlon shall have the election to accept or reject the order. Should Decathlon accept the order, you shall pay the purchase price of such order to Decathlon, in accordance with the payment terms below.
Any terms and/or conditions of an order that is accepted by Decathlon will form part of this agreement.
Decathlon reserves the right at any time to change the prices and products listed on the website. Any changes to the product and/or the prices thereof will not affect the purchase price of any orders that have been accepted by Decathlon prior to such change.
Decathlon may, in its sole discretion, delete certain products from its product line and discontinue the sale of any products. Nothing in this agreement shall be construed in any way to limit Decathlon’s right to delete certain products from its product line, or to change the specifications of, or to discontinue the sale of any product. Such right of modification and discontinuation is hereby accepted and agreed to by the user. DECATHLON DOES NOT REPRESENT OR WARRANT TO THE USER ANY CONTINUED AVAILABILITY OF THE PRODUCTS AND THE USER EXPRESSLY RELEASES AND WAIVES DECATHLON FROM LIABILITY FOR ANY LOSS OR DAMAGE TO THE USER ARISING OUT OF OR BY VIRTUE OF THE FAILURE OF DECATHLON TO ACCEPT OR FILL ANY ORDERS.
The purchase price of accepted orders and all monies payable by the user to Decathlon shall be due and payable in advance prior to delivery of the products to the user, unless otherwise agreed in writing between the Decathlon and the user..
It is specifically recorded and agreed that payment of the purchase price or payment of other monies which may be due and payable by the user to Decathlon will be made free of exchange, without deduction, set-off or demand by the user. The user will make payment of all amounts due under this agreement by means of electronic transfer, unless otherwise expressly agreed between the parties. Payment of any amount due under this agreement shall be deemed to have been made only when the relevant amount has been duly credited to the banking account of Decathlon.
Without prejudice to and in addition to the other rights and remedies of Decathlon, the user shall pay to Decathlon, interest on any moneys due but unpaid by the user, with such interest at the prevailing interest rate on overdraft of Standard Chartered Bank from time to time, calculated from the due date of payment of the moneys in respect of which the interest is chargeable until the payment of such moneys in full.
As soon as your payment is validated, we will begin to arrange your order. Should we find that your order is short in stock, we will notify you and you will be presented with the opportunity to choose between requesting (i) a refund, (ii) waiting for the stock to become available, or (iii) choosing another item worth the same value as the item that has run out of stock.
Decathlon uses external delivery partners to deliver the orders countrywide. We do not deliver outside the borders of South Africa. Orders cannot be delivered to P.O Box or similar addresses.
Risk and Ownership
ITEMS ORDERED WILL BE AT YOUR OWN RISK FROM THE TIME OF DELIVERY OR COLLECTION..
Ownership of the items will transfer upon full and final payment of the items by the user to Decathlon which occurs only when the relevant amount has been duly credited to the banking account of Decathlon. Where permitted by law, Decathlon retains a security interest in the items until full payment is received.
In order to successfully make use of our guarantees you will be required to use the products:
- For its intended sport and in accordance with its intended purpose.
- In accordance with the product description and within its limitations. If you are unsure you can log onto www.decathlon.co.za to see the product description.
If a product is replaced during the warranty period, the replacement product will be warranted for the remainder of the warranty period of the original product.
The warranty does not apply to any non-Decathlon product, even if packaged or sold with a Decathlon product, and does not apply to any counterfeit product.
THIS WARRANTY AND THE REMEDIES SET FORTH IN THIS DOCUMENT ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES AND CONDITIONS, WHETHER WRITTEN OR ORAL, EXPRESS OR IMPLIED. WE SPECIFICALLY DISCLAIM ANY AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
WE DO NOT WARRANT THAT WE WILL BE ABLE TO REPAIR ANY PRODUCT UNDER THIS WARRANTY OR PRODUCE A REPLACEMENT PRODUCT THAT MEETS ALL THE CHARACTERISTICS AND FUNCTIONALITIES OF THE ORIGINAL PRODUCT.
You shall not ordinarily be permitted to return any products to Decathlon, unless the you are permitted to do so in terms of the (i) Consumer Protection Act, 68 of 2008, (ii) Decathlon’s warranty conditions in respect of the products or (iii) as otherwise expressly authorised by Decathlon.
In the event that a product qualifies for a replacement but the product is no longer available, we will substitute the product for a same price product chosen by you. If the product is irreparable and cannot be exchanged for an identical product, you may be provided with a credit note or refund.
If the items you would like to order require Decathlon to order the products offshore, a 30% deposit of the total purchase price will be required and no returns will be accepted.
Cancelation of Advanced Orders
In the event that the user cancels an advanced order for products, Decathlon may impose a reasonable charge for cancelation of the order, taking into consideration (i) the nature of the products ordered, (ii) the length of notice of cancellation provided by the Buyer, (iii) and the reasonable potential of Decathlon being able to sell the products itself.
The content posted on the website is subject to property rights protected under intellectual property laws, including, but not limited to, designs, trademarks, domain names, patents, know-how, software or database rights. Decathlon and its relevant affiliates retain ownership of all content displayed on the website and any associated rights.
All intellectual property rights owned by Decathlon or any of its affiliates shall remain the sole and exclusive property of Decathlon.
Any agreement between you and Decathlon shall not operate to assign any title, interest or right in any of Decathlon’s intellectual property rights which shall continue to be vested in Decathlon.
“Confidential Information” means all information of a confidential nature, whether commercial, financial, technical or otherwise, disclosed by or at the discretion of one Party to the other, either prior to or during the term of this Agreement which information may be contained in or discernible from any form whatsoever, whether or not that information is marked or designated as confidential or proprietary, which may include all matters arising in the course of this Agreement which relates to research, development, know-how, ideas, concepts, formulae, processes, designs, specifications, past, present and prospective business, current and future products and services, internal management, data sheets, sales, sales information, marketing programs, price lists or pricing structure, cost data, sales aids, personal information as defined in POPI and the General Data Protection Regulation (EU) 2016/679, any other information about customers and employees, and all materials and information relating to the business of either Party which not otherwise accessible to the general public..
LIMITATION OF LIABILITY
THE USER HEREBY AGREES AND UNDERSTANDS THAT, FROM TIME TO TIME, DECATHLON AND/OR DECATHLON’S AFFILIATES MAY HAVE TO TEMPORARILY SUSPEND ACCESS TO THE WEBSITE FOR TECHNICAL REASONS. THE USER ACKNOWLEDGES THE CHARACTERISTICS AND LIMITATIONS INHERENT WITH THE INTERNET. THEREFORE, DECATHLON CANNOT BE HELD LIABLE FOR:
- LOSS OF DATA;
- SOFTWARE MALFUNCTION AND THE CONSEQUENCE OF COMPUTER VIRUS, COMPUTER BUG, ANOMALY OR FAILURE; OR
- DAMAGE TO THE USER’S COMPUTER
WE ARE NOT RESPONSIBLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, AND WHETHER CAUSED BY DELICT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE EVEN IF FORESEEABLE, TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
ALL ORDERS ARE SUBJECT TO AVAILABILITY. WE MAKE THE BEST EFFORT POSSIBLE TO ENSURE THAT ADVERTISING INFORMATION IS CORRECT AT THE TIME OF PUBLISHING. HOWEVER, IF MISTAKES OR INACCURACIES OCCUR WE WILL MAKE EFFORTS TO ENSURE THAT ANY ERRORS ARE RECTIFIED. COLOURS DISPLAYED ARE SIMILAR TO THE ACTUAL COLOUR OF THE PRODUCTS, BUT COULD DIFFER SLIGHTLY IN CERTAIN CASES.