Website: www.Decathlon.co.il version [25/06/2017]
This document sets forth the terms and conditions of use or sale with respect to the website www.decathlon.co.il (the "Website")
The purpose of this document is to define how the site is used by you (the "User").
The Website is operated by Decathlon Israel Ltd., Company number 515523256 (the “Company"). The Company is a registered retail Company in Tel Aviv and a member of the Decathlon Group.
The Company reserves the right to change these terms and conditions from time to time by making changes to the document on the Website, all in accordance with its sole discretion.
Everything denoting singular shall also mean plural and vice versa.
Access to the Website
The registration in the Website, including the creation of a username and password, is personal and non-transferable. When registering, the User is required to provide basic details such as his full name, email address, address for delivering products and telephone numbers.
In order to use the Website, the User must be an adult (aged 18 years or older) or obtain the approval of his legal guardians and be legally competent to use the Website and perform actions or transactions through the Website. The User must be an individual and use the Website at regular frequency. This means that the Website cannot be used for business purposes or as part of an associated business.
It is the User's responsibility to ensure that the equipment (computer, laptop, netbook, tablet or other mobile device) meets all the technical requirements necessary in order to allow the User to access and use the Website and to ensure that the equipment is suitable to use in the Website.
The Company may, from time to time, restrict access to certain areas, parts or content of the Website, or access to the entire Website to registered Users only. In this case, the User must ensure that all registration information provided to the Company is accurate. The User accepts without reservation that all of his information will be proof of his identity.
If the User chooses to receive login information for connecting to the Website (such as a username and password or other identification information) as part of the security procedures, he must personally secure the information and not disclose it to anyone else. The User will be responsible for all activities that occur when using the identification information and for any action or transaction executed through the User's account, and he must immediately notify the Company of any unauthorized use or breach of security that he is aware of.
The Company does not check the identity of the Users in advance and no claim against the Company shall be made in this matter.
The Company shall not be responsible for any damage or loss caused to the User as a result of the User’s account being hacked or the User’s activity in his account.
The Company reserves the right to cancel any identification information in the Website or to prohibit access to the Website at any time if it deems that the User has breached any part of these terms and conditions or if it becomes apparent that any information provided by the User for the purpose of his registration as a User is false. Third party identity may not be used, and violation of this prohibition may result in a claim. The Company may delete or block a User who has breached the provisions of these terms without providing any advance notice, at any time and according to its sole discretion.
The Company cannot guarantee that the Website activity will be continuous, without interruption or without errors. It is possible that at certain times, certain areas, parts or content of the Website, or the entire Website, may not be available (either pre-planned or not pre-planned) or modified, removed or deleted by the Company at its sole discretion without providing any notice. The Company shall not be liable towards the User or towards any third party for any non-availability, modification, removal or deletion of the Website or any areas, parts or content on the Website.
The Website will allow, inter alia, (1) to see the products and services offered by the Decathlon Group; (2) to make purchases on the Website in accordance with the terms of sale and in accordance with the applicable law; (3) to publish opinions about products sold by the Decathlon Group; (4) publish images or videos related to products sold by the Decathlon Group; (5) to participate in various games and competitions offered on the Website; (6) to ask questions regarding products sold by the Decathlon Group to the community of Users of the Decathlon Group.
Please note that the list of options included here is for informational purposes only. The Company reserves the right to add or delete, temporarily or permanently, any option without the prior consent of the User.
Undertaking of the User when Using the Website
The User undertakes to use the Website and any Content existing on the Website for lawful purposes only (which comply with all applicable laws and regulations), in a responsible manner, and not in a manner that may harm the name or reputation of the Company or the name or reputation of parties connected with the Company or the name or reputation of other third parties.
The User undertakes and agrees to refrain from any offensive behavior and any action that is contrary to the law, ethics, accepted values and values of the Decathlon Group.
Without derogating from the generality of the aforesaid, the User may not do the following: (1) exclude, register or use any content belonging to third parties in respect to which intellectual property rights apply, or rights connected to privacy, personal information or rights to images; (2) "extract information" or store content from the Website on a server or other storage device connected to the network or create an electronic database by systematically downloading and storing the content in the Website; (3) remove or alter any content in the Website or attempt to circumvent the security mechanisms or interfere with the proper functioning of the Site or the servers hosting it; (4) create links to the Website from any other site without obtaining the Company's prior written consent, and yet the User may create a link from a site operated by him provided that the link is not misleading or false and it fairly noted its destination. This does not mean that the Company supports the User, his site, or any product or service that the User offers and has linked (and that he has not duplicated or displayed in a framework which is external to the site) to the Website’s homepage and that the site containing the link contains no content that is unlawful, threatening, violent, defamatory, pornographic, obscene, vulgar, callous, offensive or infringing intellectual property rights or other rights of any third party; (5) store, display, or publish any unlawful, prejudicial, violent, racist, inflammatory, protesting content, or that could infringe the privacy or privacy rights of third parties, and in particular privacy rights in respect to images and property, intellectual property rights, or the right to privacy, belonging to third parties; (6) impersonate any person or other legal entity using the services; (7) provide wrong or incorrect information or information which is not accurate when registering or using the Website; (8) upload, send or transmit any material containing any type of computer virus or any other computer code designed to destroy, interfere with or limit the use (including any other use, other than fair and reasonable use of the Website) on any of the computers, servers, hardware and the software used by the Company for the provision of services on the Website; (9) spread spam or flooding the servers with any other mail by which the services are operated; (10) modify, process, adapt, sublicense, translate, sell, reverse engineer, disassemble, or reassemble any parts of the code that make up the Website, and the such actions regarding hardware and software used for the provision of the services; (11) the use of any robot, "spider", retrieval and information search engine, or any automated or other manual tool designed to index, retrieve, and locate information in the services or in the Website, or any such tool that is designed to expose the structure of the database and the code in the services or in the Website.
All the rights conferred according to these terms and provisions will immediately terminate in the event of a breach of any term or condition in this document.
Content published by the Company
Although the Company endeavors to ensure that all the information contained in this Website (other than any User generated content) is correct, the purpose of the Website is not to serve as a source of authority or advice on which it is possible to rely. The User must check with the Company or with the relevant source of information prior to implementation. Furthermore, the Company may change the form and content of the Website from time to time. The User agrees that the use of the Website, is on an "as is" and “as available” basis.
The Company does not guarantee the level of accuracy, completeness, updating, correctness, reliability, uniformity, quality, fitness for purpose, or originality of any content on the Website, and to the fullest extent permitted by law, the Company does not guarantee any implied liability. The Company shall not be liable for any loss or damage of any kind caused by the use of the User or by any other person in the Website or as a result of relying on the content therein.
The Company cannot guarantee, and the Company does not guarantee that any content on the Website will be free from viruses or other programs that may contain contaminating or destructive components. It is the responsibility of the User to take appropriate safety measures for computers and technology (including antivirus and other security checks) in order to satisfy your specific requirements regarding the safety and reliability of the content.
Content published by Users
The Website may from time to time allow the User to upload user-generated content and may allow such content to be published, whether for other users or public areas, such as comment pages, chat rooms, forums or newsgroups (collectively referred to as "User Content Areas"). The Company does not control content sent to User Content Areas (collectively referred to as "User Content"), and User Content Areas are not actively monitored.
The term "content" means any element sent from the User to the site, such as text, response, image, photograph, video or file of any kind, in any form and containing any content. The User will be responsible for the User's content created by him as sent by him and the contents of the Users express the opinions of the writers, and not the opinions of the Company.
Upon such publication, the User warrants that all User Content will be relevant to the purposes of the User Content areas and the nature of each subject, and to publish or share content that respects and is compatible with the field of sport and the values of the Decathlon Group. The User undertakes not to upload content with the following characteristics: (1) it is illegal, threatening, violent, defamatory, pornographic, obscene, vulgar, callous, offensive or infringing intellectual property rights or other rights of any third party; (2) it contains viruses and/or any other software containing contaminating or destructive components; (3) it contains advertisements of any kind; and/or (4) it impersonates or misrepresents a relationship with any person or entity.
The User will be responsible for anything that could or may occur from his computer terminal in general, and especially in the case of publishing content on the site. The User declares and undertakes that he has all the rights and permissions necessary to publish content on the Site, and in particular under applicable law and intellectual property rights.
Although the Company does not filter User Content in advance, the Company reserves the right, in its sole discretion, to delete any User Content posted, and to close any thread, at any time and without notice to you. The User will be entitled to complain about the content of users. The complaint should be sent to firstname.lastname@example.org through which Decathlon can be contacted to handle a User complaint and it must include the details of the specific User Content for which the complaint was sent. For example, with respect to content published through the “Image Sharing” service, the information should be as follows: name, first name, e-mail address used when posting content, year of content delivery, content title.
Any founded and legitimate request will be processed as soon as possible by the Company, but we cannot guarantee denial of immediate access to the Content. The Company shall not bear any liability in this matter, in particular due to the time required to handle the request, technical constraints or a material inability to respond to it, especially if the content is taken over by third parties.
Links to External Sites
From time to time, the Site may contain links to external sites that may contain links to offers and promotional deals belonging to third parties. The purpose of posting the links is to provide the User with access to information, products, or services that may be of interest to or useful to the User. The Company shall not be liable for the content of such sites or for anything existing in them, and the Company does not guarantee that they will be continuously available. The fact that the Company publishes links to those external sites does not mean that it supports its operators or their advertisers, or that it is affiliated with them in any way.
The links contained in the services should not be construed as a recommendation, preference, or authorization to use the material or content or products appearing on the external sites. Furthermore, these links should not be construed as a guarantee of the reliability, accuracy or completeness of the information contained therein. By clicking the link, the User waives any claim or demand or lawsuit against the Company for any damage or payment or loss caused to it (if caused) as a result of the reliance or use of the information appearing on such external sites.
Sale and Purchase in the Website
Placing an Order
Before placing any order, the User must identify himself with the system in accordance with the provisions above. The identification is performed by entering the e-mail address and the identification information that the User received from the Website at the time of registration. The identification information will be proof of the User’s identity.
In order to register and place an order, the User will be asked to fill in the information required for identification in the registration form. If the information entered is complete and accurate, confidential identification information will be sent to the User by the Website (the "Identification Information"). The Company will not be liable for not receiving an order or information in the event of an error, intentional or otherwise, in the personal information provided by the User to us when filling out the registration form, and providing false personal information is strictly prohibited.
You can order products by clicking the items that the User wants to purchase, and then by filling out the options that appear on the screen, such as choosing the shipping option and payment type. The User will be required to check and correct any error in the information he filled in the order up to the point where the order will be sent to the Company by clicking the "Buy Now" button at the check- out.
After placing the order, the User will receive an e-mail confirming that the order has been received including the order number. This e-mail does not mean that the order has been confirmed. The order constitutes an offer to purchase a product. All orders are subject to approval by the Company. The Company will not be obliged to confirm the order, and it will be entitled, at its discretion, to refuse to approve any order.
Without derogating from the aforesaid by clicking on the "Buy Now" button, the User undertakes to pay for the product (s) in the event the order is confirmed. Upon confirmation of the order, the User will be sent another email regarding the order confirmation. If such notice is not received within 3 business days, the User must contact the Company according to the contact details appearing below or through the contact box on the Website.
The order contract between the User and the Company regarding the products ordered (the "Contract") will come into force only after the order confirmation has been sent. An additional e-mail message confirming that the product has been shipped, along with a tracking number (if applicable) will be sent to the User.
The contract will only refer to products approved in the order confirmation. The Company will not be obligated to provide any other product that was part of an order that was not approved.
There may be cases in which the order confirmation will be conditional upon the receipt of additional details and documents from the User, and for this purpose a representative on behalf of the Company will contact the User.
The offers of the products and services are valid as long as they are posted on the Website, except in the case of special offers, in which case the date of expiry of those special offers shall be noted on the site. The User is required to check the product availability on the relevant product page.
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It is possible that the Company may offer to replace a product that is not available with a similar product or a product of similar quality. In this case, if the User chooses to exercise his right to cancel the order for a similar product or product of a similar quality after it is received, in accordance with the provisions in this document, the User will be required to bear the return shipping costs.
“Delivery” or “Pick Up”
At the time of placing the order, the User will be required to choose between picking up the purchased items himself or the delivery option.
The items may be picked up in accordance with the Company's notice of the location and time at which the product can be collected.
Delay in Delivery
The delivery of the order will be carried out by the date specified in the order confirmation, except in the event when unusual circumstances exist. We cannot specify the exact time the delivery will arrive.
If the User cannot receive the delivery of products, the User will be required to collect the products from the delivery service named on the order confirmation within a certain time period. A
Address for Delivery
Your order will be sent to a delivery address within the borders of the country (subject to the restrictions specified in the next paragraph) that you provide to us at the time of the order, unless you choose (in the relevant case) to pick up the product from one of our local stores ("pick-up by clicking") or from one of our shipping services from time to time, in the event that the shipping service o
You can access the list of pick-up points when you choose the shipping option when paying at the checkout on the Website. If the User selects pick - up services, the entire order will be sent to the pick-up point, and the order can be collected from the date specified in the order confirmation.
Please note that when collecting your order, you must bring your order confirmation along with any identification means (such as a credit card or driver's license). It is possible that the delivery service will request to sign the delivery.
If you order a large, heavy or cumbersome product, we recommend that you make sure that its size (including packaging) allows it to pass freely through the doors and corridors of the shipping address (or your vehicle if you choose "pick-up" option). Our shipping service will not be responsible for any additional carrying, opening or placement of the Products.
The Company will not be responsible for delays in the delivery of the order due to events that are not under its control (such as computer malfunctions, downtime or sorting errors in the mail service, malfunctions in the computer system or telephone systems that will harm the completion of the purchase process or malfunctions in the e-mail service or courier service or that were caused as a result of force majeure etc…) It is emphasized that since the Company has no control over the courier Company, the Company is not responsible for any delay in arrival or any other malfunction related to the arrival of the products at the time determined for this purpose. Therefore, the User releases the Company in advance from any liability in advance in this matter and any claim that it will have in this regard will be directed by him only against the courier Company.
Danger and Ownership
Products that were ordered will be under the User’s responsibility starting from the time of delivering the delivery or from the time the products were collected (as the case may be). Ownership of the ordered products will also be transferred to the User at the time of delivery or at the time of collection (as the case may be) provided that all payment amounts in relation to the products, including any shipping costs, have been fully received.
Price and Payment
Presenting the Price
The price of the products is as stated on the Website from time to time. The prices include VAT (unless specifically stated otherwise) however they do not include shipping charges, certain packaging prices or the prices of other optional services that the User will choose when these prices are added (at the specified rate) to the final payment amount after the User chooses the preferred shipping method. In the case of purchase in installments, the Company may charge the User all the handling, packaging and shipping fees on the first billing date.
The Website may provide information about prices of products and services in certain stores. These prices are presented to you for information only and they may be different from the prices indicated on the Website. There may also be differences in prices between stores, according to the commercial policy of each store. In any case, it is clarified that the offers of the products and the services, as well as the prices offered for purchase in stores, will not apply to purchases on the site.
Credit Card or Debit Card
The Company will debit the User's credit card or debit card with the full amount payable as soon as the Company collects the first product in the order from the warehouse. If one of the products is found to be unavailable, the Company will immediately notify you of this and the User may choose to cancel the entire order or receive a partial refund.
As part of the process of the payment transaction, the credit card Company will create a ring fence for the amount of each order before the first product is collected from the warehouse. This means that even if one product is ordered, it may appear as a product which was paid, but once the credit Company receives a cancellation notice, the amount will be released and returned directly to the User account.
Online payment transactions are subject to credit card verification by the credit card Company and the Company will not be held liable if the credit card Company refuses to authorize payment for any reason. It is possible that the credit Company will charge the User a fee for handling the payment transaction in the internet. The Company shall not be responsible for this.
PayPal - (currently not available on the Website)
When this option shall be available, if the User chooses to pay via PayPal, the User will be asked to move to the Website of the Company's partner. The Username will be asked to enter his password if they have a PayPal account. If he does not have such an account, the User can open an account on that Website. The personal and financial information is automatically encrypted when transmitting any sensitive information to PayPal servers. In case of a product refund, the refund will be made directly in the form of a refund to the PayPal account through which the original order amount was paid. The details of the account holder are of course confidential.
The Company insures the safety of the payment by credit card by using a third Company to handle the payments. The User's billing information is sent to the same third-party Company by the Secure Socket Layer (SSL) layer system. Therefore, these details will never be sent to the computerized system of the Website and they will not reach W
In the event that the User decides to keep the credit information on the Website (in order not to re-enter the information for future payments), the Company undertakes to hold only one key which enables, together with additional information, to ensure payment for the transaction. Therefore, all credit details will always be kept and handled by the third Company.
The Company backs up documents and documentation on a regular basis in order to prove the contractual relationship between the parties. You can access this documentation on the Website in the "My Account" section. Unless proven otherwise, the computerized documentation kept in reasonable security conditions by the Company and by its service providers shall constitute proof of all transactions that have occurred. In any case, it is recommended that the User keep the e-mail confirming your order.
Liability for the Product
Description of the Product
Even though the Company takes reasonable steps to describe the Products as accurately as possible with photographs and other images on the Website, the details (such as color, pattern, texture, etc.) that appear on the screen are dependent on the computer screen used by the User, and in light of this, it is possible that they may not represent the true product information accurately, and therefore the Company bears no responsibility.
All information on the Website regarding product dimensions is included as a guide only. If the User has any doubts about the size or feature of any product the User will contact the Company for clarification prior to placing the order.
Some of the products sold on the Website are covered by warranty for the period specified on the product information page on the Website and the information accompanying the product.
Spare parts for products are sold on the Website and provided during the warranty period. Spare parts for the products sold on the Website which exceed more than NIS 300 are provided for one year after the end of the warranty period. This is indicated on the information page of the relevant product on the Website and in the information accompanying the product.
If the User requires information about handling the products after the purchase or if he has any questions about product liability, the User may contact the Company according to the contact details which appear below.
Cancellation and Return of Products
It is the responsibility of the User to check the products immediately upon receiving them. If the User wishes to replace a product purchased on the site, he will be entitled to do so within 14 (fourteen) days from the date of receipt of the product or from the date of receipt of the delivery certificate containing the details required in accordance with the Consumer Protection Law, 5741- 1981 (“discovery document”) or within 30 days from the date of purchase (and club member - 365 days from date of purchase) whichever is later, all against presenting an original invoice or receipt or other proof of execution of the transaction, provided that the product was not used, it was not damaged and the product will be returned in its original packaging.
If the User wishes to return a product purchased on the site and receive his money back, he may do so within 14 (fourteen) days from the date of receipt of the product or from the date of receiving the discovery document or within 30 days from the date of purchase (and club member - 365 days from date of purchase), whichever is later, all against the presentation of an original invoice or receipt or other proof of execution of the transaction, provided that the product was not used, the product was not damaged and the product will be returned in its original packaging. When a transaction is canceled, the User's money is returned to him within 14 (fourteen) days of receiving the cancellation notice by performing a credit transaction. For replacing or returning a product, the User will be required to contact customer service as described hereafter. The products will be returned by the User. The aforesaid does not derogate from the provisions of the Consumer Protection Law, 5741- 1981.
Notwithstanding the aforesaid, and pursuant to the directives of the Ministry of Health, and under the Consumer Protection Law, 5741- 1981 and the Consumer Protection Regulations (Cancellation of Transactions), 5771- 2010 the return or replacement of swimwear, underwear, food product and nutritional supplements will not be permitted.
Intellectual Property Rights
The Company or the Company's licensors hold all intellectual property rights to any content on the Website (including text, graphics, software, photographs and other images, videos, sounds, trademarks and trade symbols) and the general structure of the Website. Except as expressly provided in this section, any of these terms and conditions will not provide the User with any rights with respect to any intellectual property rights which are owned by the Company or its licensors, and the User does not acquire any proprietary rights whatsoever by downloading content from the Website. In the event that the User prints, copies or saves pages from the Website (only as permitted by these terms and conditions), he must ensure that any copyright, trademark or other intellectual property rights contained in the original content are also included in the copy.
When posting any User Content, the User grants the Company and its affiliates the right and license to use, reproduce, modify, adapt, publish, translate, create derivative works, distribute, perform and display the User Content (in whole or in part) or to combine it in other works in any form, media or technology, permanently, irrevocably, worldwide, non-exclusive, royalty-free and with a full sublicense, and the User waives any moral right that he may have with respect to that content or be mentioned as the author of that content. The Decathlon Group may use any User Content in certain commercial publications; send it to third parties for product review purposes; create a link between it and the Username, however without any obligation to maintain the link; the User's content will be automatically publicly publicized and will be accessible for free, especially on the Internet and on other sites or blogs or other web pages of the Decathlon Group, including, in particular, by the pages of the Decathlon Group sites on social networks or by Users of the Decathlon Group sites.
Without derogating from the aforesaid, the Company shall not be liable to the User for any loss of business, and if the User is a business, the Company shall not be liable to him for any indirect or consequential loss, or for any loss of profits, proceeds, contracts, data or reputation or any similar loss, and any liability that the Company bears for loss that shall be caused shall be limited only to loss that is reasonably foreseeable. In general, the Company shall not bear any liability and it shall be exempt from liability for any damage, loss or expense that may be caused to the User, directly or indirectly, in any event, for the events / causes set forth hereafter (without this list being limited): (1) any information published on the Website which will not be published by us; (2) any unauthorized use of any User's personal information by an unauthorized third party; (3) any network malfunction that interferes with the proper functioning of the Website; (4) the loss of any data; (5) a malfunction in any software; (6) any result of any virus, bug, exception or failure in the computer; (7) any damage that is caused to your computer.
Information Security Protection or Privacy, Database and Direct Mail
The filling out of the registration form or submission of the details, respectively, constitutes the User's consent that his details and any data obtained on the basis of an analysis of these details and any information about him that has reached or will reach the Company will be held in one or more databases of the Company or anyone acting on its behalf, and that such information shall be used in accordance with the following purposes: (a) for the purposes of marketing, advertising, sales promotion and sales, and for the purpose of contacting the User in any manner, including by way of direct mail in any means of media that it deems fit; (b) for the purpose of conducting surveys and any other online use in connection with a marketing issue; (c) for internal needs, such as the need to investigate complaints; and (d) for the purpose of analysis and delivery of statistical information to third parties. In this case, the data will not include any personal information that can identify the User.
The Company shall not be considered as infringing a privacy obligation under the Privacy Protection Law, 5741- 1981, or infringing the privacy of a User in respect of any information, as defined in the Computers Law, 5755- 1995, which may identify or trace a User by others, and which arises from use of electronic communications means in general and computer communications in particular.
Users who wish not to receive messages via direct mail will notify of this in writing on the Company's Website or through the removal mechanism found in any mail, in which case the Company will act within a reasonable time in accordance with the instructions given to it, and in such case, the records concerning the User will be deleted, except for the request itself to delete and data regarding actions of purchase which were performed by the User on the Website including orders.
In cases that are not under control or which are due to force majeure, the Company shall not be liable for any damage of any type, indirect or direct, caused to the User or anyone acting on his behalf, if information is lost or accessed by a hostile party or used without authorization.
The Company undertakes not to use the details of the Users registered on the Website, except for the purposes of operating the Website only, and in order to facilitate the execution of the order and the transfer of information to the User.
The User is not entitled to transfer or assign his rights or obligations under any contract, in full or in part. All notices sent by the User to the Company shall be in writing and they shall be addressed to the address written at the end of this document. The Company may send you e-mail messages or notices to the residential address you gave us when placing an order.
These Terms and Conditions may not be modified without express written permission of the Company. In the event that the Company does not act to enforce any right given to it, this does not mean a waiver of that right. In the event that it is not possible to enforce any term or provision of these terms and conditions, all other terms and conditions shall remain in effect. Failure to rely on any of the sections of this document at any time shall not mean a waiver of the right to rely on those sections at a later stage.
The law applicable to this Agreement is the law of the State of Israel, and the competent courts in Tel Aviv will have sole and exclusive jurisdiction with respect to this agreement.
The section titles are intended for convenience only and will not be used for interpreting the agreement.