DECATHLON FOR BUSINESS GIFT CARD TERMS AND CONDITIONS OF SALE
These terms and conditions are the only terms and conditions between Decathlon UK Limited, registered in England and Wales (no. 3140144) at: Canada Water Retail Park, Surrey Quays Road, London, SE16 2XU, United Kingdom (“DECATHLON”) that govern the purchase and use of the DECATHLON Gift Cards (as defined below), and will apply to any and all persons (each a “Customer” “You”) purchasing Gift Cards from the DECATHLON website at decathlonforbusiness.co.uk (the “Website”).
The term “Gift Card” refers to all the products sold by DECATHLON, such as the physical Gift Card, e-Gift Card or any equivalent medium by which DECATHLON decide to facilitate the purchase of its products. In order to purchase a DECATHLON Gift Card each Customer must be at least 18years old and declares that s/he has the legal capacity to contract, allowing him/her to place an order with DECATHLON.
The products and services, including but not limited to the Gift Cards, sold by DECATHLON are intended solely for the personal use of the Customer, who undertakes not to resell them, in accordance with the following provisions.
Both DECATHLON and the Customer agree by applying for a Gift Card these Decathlon Gift Card Terms and Conditions of Sale shall apply to the Gift Cards use, and by applying the Customer accepts them in full and without reservation. These conditions may be changed by DECATHLON at its sole discretion by amending these terms and conditions online and Customers shall by their continued use of the Gift Card be deemed to agree to them.
ARTICLE 1 – CONDITIONS OF USE
The Gift Card is a voucher that allows the holder to pay for purchases of DECATHLON products from DECATHLON’s UK stores and online by means of the Website. It may be used more than once and its use may be supplemented by other payment methods, as necessary. It should be treated with the same care as cash, DECATHLON will not replace it or its value should it be lost. In order to use the Gift Card online, the Gift Card number and the code under the scratch-off area on the back of the card must be provided.
The Gift Cards are sold only to individuals for their personal use or to businesses for their employees or customers, for a variable amount, which is determined by the Customer at purchase, between: £5.00 and £250.00, and up to and including two (2) decimal places (eg£25.20).
Gift Card’s will only be valid for a period of twenty four (24) months from its activation (the “Term”). Physical Gift Cards are sent inactive to the Customer or the Cards recipient(s) and are activated after 72 hours, however if Gift Cards are sent to Customer’s (or Card recipients) by email, then they are automatically activated.
The Gift Card can be used for any number of purchases until its value is completely exhausted or the expiry of its Term. There is no cash alternative to a Gift Card. Gift Cards, even partially consumed, cannot be exchanged for cash. Information about the Card balance and its expiry date are available online under “Have you received a Gift Card?”
ARTICLE 2 – ORDER
A. CREATING AN ACCOUNT
In order to make a purchase with your DECATHLON Gift Card for the first time, you must first open an account online. An online account is easily created with a few clicks by filling out the online form provided on the Website. You will need to provide certain personal information that we will require to identify you, some of which is mandatory (marked with *), if you do not provide the mandatory information your order will not be processed by DECATHLON.
B. ENTERING YOUR ORDER ONLINE
You will need to follow the instructions that are provided online in order to make your order
You must provide only true and accurate information. DECATHLON reserves the right to refusal to sell its products to you, in its sole discretion. Your order will only be saved after valid account has been created and the order has been processed online.
Any online order for DECATHLON products will only be accepted once payment by the Customer has been received. Once an online order is accepted, the Customer will be sent a confirmation of receipt by email. Until the goods are despatched the order may not be accepted by DECATHLON.
Confirmed orders are processed and shipped after receipt of payment, Monday to Friday, excluding public holidays. When an error occurs while processing an order, the order is cancelled and the payment is cancelled and/or refunded. The refund is made by bank transfer to the same bank account of the same Customer who performed the original transaction. A refund confirmation is sent by email to that same Customer at the same email address as was originally used to confirm the original order.
It is the responsibility of the Customer to ensure that the all of details provided at the time of order are correct. DECATHLON will not be responsible for errors that are a result, in whole or in part, of mistakes made by the Customer. In the event that the Customer does not receive the order confirmation it is his/her responsibility to promptly contact DECATHLON in order to check that a mistake has not been made.
Our products and services are valid only for so long as they are visible on the Website, subject always to such limitations to offers and promotional items as may be specified. For orders of items that are unavailable, the Customer will be notified and may choose one of the following options:
- DECATHLON may, in its sole discretion, offer to the Customer a product of a quality and an equivalent or higher price (for example, a digital Gift Card instead of a physical Gift Card), at no extra cost for the Customer (subject to his/her acceptance of it);
- cancel the order of the unavailable item.
When ordering multiple items, if one of them is unavailable, DECATHLON will inform the Customer. Orders will be processed and dispatched only once all the items of the same order are available unless the Customer chooses to receive the items that are available first. For multiple deliveries of items of the same order, the Customer is only charged the shipping price as indicated at the time the entire order has been placed. To the extent that there are any unavailable items, the Customer can also opt for the partial cancellation of the order.
D. PROOF OF ORDER / PAYMENT
You now agree that, unless proved otherwise, our computer records and those of our contractors, to the extent that their systems are reasonably secure, shall be considered to be proof of all transactions between DECATHLON and the Customer. DECATHLON keeps all of its orders in a secure system. In all cases, DECATHLON strongly recommends that the Customer retains the order confirmation e-mail and invoice as proof of purchase.
E. WITHDRAWAL PERIOD
Customers are provided with the right to cancel an order within a period of 14 days under Consumer Protection Regulations 2013. That 14 day period begins the day after the day goods are received. The Customer’s right to cancel will not apply to certain goods, for example: the provision of services, the performance of which has begun, with the agreement of the Customer, before the end of the 14 days, period made-to-order items, personalised Gift Cards, flowers, audio or video recordings, food items, computer games and software, toiletries, cosmetics, and pierced earrings. Customers may not return Gift Cards that have been fully or partially used before the end of the relevant 14 day period. Customers must cancel an order in writing, either by letter or email, within the 14 day period.
Goods must be returned in their original packaging, undamaged wherever possible, as soon as reasonably possible after notifying us of your desire to cancel. DECATHLON will not be responsible for loss or damage to goods returned to us during transit and we recommend that you use a recorded or secure delivery method. Whilst in your possession, you must take care of any goods you wish to return and though you may inspect and assess them, you may not use them. The delivery to DECATHLON of any goods returned under this section E shall be at the Customer’s risk.
Items should be shipped by the Customer (by a means of its choosing) in the goods original packaging, together with the order invoice and the Customer’s bank details to:
Canada Water Retail Park,
Surrey Quays Road,
On safe receipt of the goods, in accordance with these terms and conditions, the total amount of the order shall be refunded (shipping to the Customer included). In case of a partial return of an order, DECATHLON will refund the original shipping costs in pro rata proportion to the total amount of the order.
Refunds are made within a maximum period of thirty (30) days from the date the right of withdrawal has been exercised in accordance with these terms and conditions, provided goods are returned as required under these terms and the Consumer Protection Regulations 2013. Any Gift Card, that is damaged or missing credit, will not be refunded or exchanged and will be shipped back to the Customer. DECATHLON won’t refund by cash.
DECATHLON does not refund packaging and shipping costs for returns and cannot be liable for any loss or damage. The Customer must ensure that the goods being returned are sufficiently packaged to protect against loss and/or damage during carriage, handling and/or sorting.
In general, all costs and risks involved in returning goods are the responsibility of the Customer.
ARTICLE 3 – BILLING AND PAYMENT
The prices displayed by default on the Website are in British pounds (£) and inclusive of all tax and charges.
The Gift Cards are electronic payment products and are not themselves subject to VAT, though the products they may be used to purchase may be. Offer prices are valid only for so long as they are visible on the Website, except special offers the duration and value for which shall be specified on the Website and will subject to change in the VAT rate. Any change in the VAT rate is immediately reflected on the sale price.
Product prices are exclusive of the price of postage, the price of certain packaging or the price of other optional services subscribed by the Customer, which will be in addition. Any such additional prices will appear on the summary screen before the order is finalised, proposed by the Customer and accepted by DECATHLON. DECATHLON reserves the right to change prices at any time.
Invoices are made out to the Customer (name, address) and are issued to the Customer on the date that the order is processed and accepted. Invoices are available for download from the Customer’s space on the website from that date.
The purchase of Gift Cards or other electronic payment products cannot be performed with other Gift Cards. All orders are payable in British pounds (£). DECATHLON accepts the following methods of payments for Business to Business purchases: BAC’s payment, internet banking and cheques. The payment must be received prior to delivery.
All orders are subject to random validation checks to secure transactions. For this purpose DECATHLON is entitled to request that Customers provide one or more proof of address and/or a copy of their driving licence or passport by email or fax before accepting the order.
The order is final upon receipt of these documents. DECATHLON notifies the Customer in writing that his/her order is complete by sending a confirmation email. Failing receipt of these documents or if these do not identify with certainty the identity of the Customer who placed the order and the reality of his domicile, DECATHLON reserves the right to not accept the order. DECATHLON also reserves the right to refuse an order if there is a prior litigation in progress on the payment or if there is an unusually high number of orders.
ARTICLE 4 – DELIVERY
Postage and packaging costs are stated before confirmation of the order and are charged to the Customer as stated. Postage and packaging costs will depend on the product ordered, the destination and the shipping method chosen when placing the order, for a single delivery point, per order and per customer, in the following countries: UK, France, Belgium, Germany, Italy, Spain Denmark, Finland, Ireland, Luxembourg, Netherlands, Portugal, Sweden and Switzerland.
Orders will be delivered after the order is accepted by DECATHLON together with receipt of the full payment by the Costumer and all documents requested by DECATHLON.
Shipping is made by post or by courier. DECATHLON strives to meet delivery deadlines. Expected delivery dates are for information only. Any delay cannot result in compensation or interest payments.
Delivery can be made to an address different from the billing address provided it is specified during the ordering process.
Goods will only be delivered to a ground level residence, and only to a spot that does not present the delivery driver with any risks to the delivery vehicle.
It is the Customer’s responsibility to ensure that the delivery address provided when ordering is correct. If details in the delivery address are incorrect, DECATHLON cannot be held liable for any item(s) which are consequently not received.
In any event, it is the Customer’s or the recipient’s responsibilities to ensure orders are adequately received. If no one is available to accept the order a missed delivery notice will be left at the delivery address. Costs for re-delivery will be borne by the Customer. Should the delivery have to be left on the premises or with a neighbour and it is lost, that loss shall be borne by the Customer.
It is the Customer or recipient’s responsibility to check the order before signing the delivery paperwork and to check if there are any missing or damaged items. Goods that are damaged or are missing must be clearly noted and specified on the delivery notice. Once accepted the Order cannot be referred to as having been damaged or have missing parts.
Claims for missing or damaged items must be made in writing and sent by registered post to the delivery company within three (3) business days, i.e. excluding bank holidays. If the gift is “sport as a gift” then the Customer must inform Decathlon within the same period.
For Gift Cards sent by email the Customer chooses the date and time of sending the order to the email address of their choice.
The email containing the link to the Gift Card is considered received by the recipient when it has been sent to the email address provided by the Costumer. Gift Card Customers and recipients are advised to check their Spam or Trash mail folder if they haven’t received the confirmation of their order or the link to their Gift Card. The Customer and the recipients of the Gift Card(s) are responsible for their e-mail as they are the only people that are able to access it.
If the Gift Card recipient hasn’t received the link by email, the Customer can download it again from his/her online DECATHLON account under “My Cards “and resend it to recipient’s email address.
ARTICLE 5 – GIFT CARD PERSONALISATION
Customers can personalise their DECATHLON e-Gift Card(s) at no additional cost.
The chosen picture and text shall not in DECATHLON’s sole discretion be considered: immoral, unethical, or to have poor ethical values. DECATHLON will not print cards that it considers contravenes the respect for human dignity, the protection of minors (and their photographs) as well as the values of DECATHLON and the Decathlon Group.
As a result, the following elements will be systematically refused by DECATHLON: any content that is vulgar, defamatory, offensive, obscene, racist or xenophobic, pornographic, harmful to minors, illegal or capable of being illegal, encouraging the consumption of alcohol, tobacco, or more broadly anything that would be considered as indecent or otherwise objectionable, contrary to morality and or not in accordance with the law.
DECATHLON also refuses to reproduce any element or content:
- With any political or religious connotations or relating to trade-unions,
- intended to harm individuals, including personalities and/or
- intended to harm brand and company names.
In any such case DECATHLON will refuse to carry out the requested services and the Customer expressly accepts that no claim for compensation can be made. However, should DECATHLON inadvertently print a card in contravention of these rules it should be considered to be an endorsement of that cards content or values.
The Customer is fully liable for any and all personalised content used upon Gift Cards and gift wrap of any kind (markings, texts, photos, logos, names, etc.) and the Customer will be careful not to infringe the intellectual property rights of third parties in personalising the Gift Cards he/she wishes to order in the way that he/she does. DECATHLON provides no warranty and assumes no control in the matter. In case of doubt or in the absence of supporting documents provided by the Customer within the time set, DECATHLON reserves the right to refuse to put an element on the product, if affixing of this element represents a risk in terms of infringement and/or unfair competition – but is not responsible for checking for infringement.
In any event, the Customer guarantees that he/she holds all of the intellectual property rights and permissions for all the images, names, logos, registration, photos that he/she wants to use to personalise the purchased Gift Cards with. The Customer undertakes to provide all supporting documents and certificates of these rights and permissions to DECATHLON on request. In the event of claims or further litigation particularly resulting from counterfeit, violations of privacy, against the Customer and if necessary against DECATHLON, the Customer undertakes to cover all fees (lawyer, procedural costs, …) as well as fees for the eventual condemnation of DECATHLON.
ARTICLE 6 – CUSTOMER OBLIGATIONS
The Customer undertakes to inform any recipient of DECATHLON products of their date of validity and their conditions of use.
ARTICLE 7 – EXCHANGE / RENEWAL / LOSS / THEFT
The Gift Cards are non-refundable (except within the withdrawal period according to the article 2.E) and non-exchangeable, particularly in case of loss or theft.
In case of any loss, theft or damage, the Customer should contact DECATHLON Customer Service Centre. The Gift Card can then be blocked using the card number, and the remaining value on the Gift Card can be transferred to a new Card, less a flat fee of ten (10) £all taxes incl. for the activation, manufacturing and shipping the new Card.
ARTICLE 8 – NO RESALE
The resale of Gift Cards is not permitted in any form whatsoever.
ARTICLE 9 – RETENTION OF PROPERTY
Gift Cards that are sold by DECATHLON remain the full property of DECATHLON until payment is made for them in full. However upon delivery of the card, all risks are transferred to the Customer or recipient, who must get insurance (should it so desire) in order to cover the card accordingly.
ARTICLE 10: LEGAL GUARANTEES / AFTER-SALE SERVICE
All products sold on the Website benefit from the application of the Sale of Goods Act 1979 and related legislation, as provided by law.
ARTICLE 11 – DATA PROTECTION
Under the Data Protection Act of 6 January 1978, the Customer has a right to access, modify and / or delete personal data.
The Customer may exercise these rights by written request to the following address:
DECATHLON Customer services,
Canada Water Retail Park,
Surrey Quays Road,
The personal data of Customers can be used for commercial purposes, provided a prior agreement has been given for the commercial purposes requested. By the Customer’s agreement to these terms that consent is now expressly given.
The personal data of Customers is electronically processed by DECATHLON and used for managing Customer’s accounts and are intended to DECATHLON as well as subsidiaries of the DECATHLON group. The collection of personal data of Customers is a crucial element for Decathlon’s customer relationship and remains in accordance with Decathlon’s data protection policy available online at the following address: http://corporate.decathlon.com/en/personal-data
ARTICLE 12 – CUSTOMER RELATIONSHIP
For any questions, information or complaint, the Customer should not hesitate to contact DECATHLON either:
- By e-mail at the following address: firstname.lastname@example.org
- By phone at (price of a local call from a landline) 0345.450.7936 Monday-Friday 9am -6PM
- By mail at the following address:
DECATHLON Customer services,
Canada Water Retail Park,
Surrey Quays Road,
ARTICLE 13 – ENTIRETY
These Terms and Conditions of Sale are the only terms and conditions that relate to the sale of DECATHLON gift cards. In the event that DECATHLON does not immediately invoke any one of these provisions such a delay shall not be deemed to constitute a waiver of those rights. The legal invalidity of one or more provisions of this contract shall in no way affect the validity of the remaining provisions.
ARTICLE 14 – APPLICABLE LAW – JURISDICTION
These terms and conditions and any dispute or claim arising out of or in connection with them or their subject matter shall be governed by and construed in accordance with the law of England and Wales. Both DECATHLON and the Customer now irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these terms and conditions.