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DECATHLON SPORTS INDIA GENERAL TERMS AND CONDITIONS
We are a wholesale company which consists of the sale of goods to retailers, industrial,
commercial, institutional, or other wholesalers and related subordinated services.
All our Customers
shall submit to DECATHLON SPORTS INDIA (DSI) a photocopy of a valid certificate of Registration along with a
completed registration form, the signed General Terms and Conditions of Sale and authorisation letter (if the
authorised signatory further authorises another person of the organisation). The submitted documents for
registration must be true, complete and correct. Any liability or damages arising to DSI due to any wrong
declaration or due to a purchase made in violation of this agreement shall be indemnified to DSI by the
Customers. Persons below the age of eighteen years cannot be authorised. The present Terms and Conditions of
Sale have been drawn up exclusively to govern dealings between DSI and any organisation making a purchase
via DSI‟s website or directly at DSI‟s distribution centre, hereinafter referred to as “the Customer”, and together
as “the Parties”.
Protected Elements: All the elements protected in conformance with the rights of Intellectual
property - Territory: As a defined area, including INDIA only.
The Customer can take a close look at DSI‟s website or catalogues for a complete description of
the products. In spite of DSI 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 DSI, there
may be inadvertent errors, and DSI shall not under any circumstances be held liable should this arise. The
photographs of products shown on DSI website and/or catal ogues are not contractually binding. Under no
circumstances may DSI be held liable on the basis of said photographs.
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 Customer. DSI shall have the right to refuse or cancel any orders placed
by the Customer.
The Products will be delivered only at the Organisation‟s registered address. If the Organisation
has branches in the same State, the address proof of the branches must be provided. If the Organisation has
branches in different States, every branch must be registered with us in ca se of delivery to the concerned State.
Transfer of Risks In the case of delivery by a transporter, DSI shall be responsible for all risks until the
transporter takes charge of the order. DSI shall make the products available to the Customer at the branch
address communicated by the Customer. In case of inter -state delivery, the relevant documents for shipment
must be provided. In the event of any anomaly (spoilt, tampered packaging, missing, spoilt or broken products),
the Customer must immediately provide details of the anomaly to DSI. The delivery charge paid by the Customer
shall cover the preparation and dispatch of the packages, the cost of transportation calculated on the basis of the
weight and destination of the products ordered and all the insurance costs.
For online purchases, Customer may pay for his/her purchase by using an EFT (Electronic Fund
Transfer) or credit card belonging to the respective. When purchase is made at a DSI Store, the payment should
be either by cash (Indian Rupees) or Member‟s credit/debit card acceptable by DSI (MasterCard, Visa and
The Customer may return his product for any one of the following two reasons: a non compliance
with the order or damage to product during transport (for home delive ry only). Only those products returned
complete, in perfect condition and in their original packaging shall be accepted. The Customer must check the
condition of the package on delivery or purchase. The Customer may within 2 working days from receipt of th e
product apply to DSI to exchange the product. If the product is no longer available, DSI shall refund the price
that the Customer has already paid for the product. If the amount is above Rs. 5000/ - DSI shall reimburse the
amount by issuing a cheque withi n 2 working days. The Customer agrees that these conditions for any return
and/or repair / warranty specified shall be applicable only when the customer follows the above procedure
related to „Returns‟. Note: Refund of money on any purchase and exchange is subject to above specified
WARRANTY & DEFECTIVE PRODUCTS:
The Customer undertakes to take all the necessary measures to
preserve in good condition all the products ordered. Term: Most of the DSI brand products are covered by a
contractual one year warranty unless otherwise specified on the product or its packaging or by DSI at the time of
sale. However, this warranty shall not apply in the case of natural wear and tear of the product, damage caused
by negligent use of the product, or by use in a manner for which the product was not intended. Defective
products: DSI proposes an after sales service, allowing the products to be covered. In the event where a product
is defective, DSI will replace the said products subject to the above conditions.
DSI is the owner of all the rights of intellectual property attached to the products
ordered by the Customer. DSI reserves the right to proceed to the necessary formalities with the aim of their
protection on the Territory. DSI undertakes to the Customer a non exclusive right of use on the brands and
Protected Elements owned by DSI. The Customer recognises the existence and validity of the trademark
applications or registrations and use of DSI‟s products and undertakes never to chal lenge their validity,
registration and use in the Territory. The Customer undertakes not to derive any right from the use of DSI‟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 DSI‟s trademarks or
constitute unfair competition. In case the Customer applies for or uses any identical or similar trademark or
domain name to DSI‟s products, he shall immediately tak e all necessary actions, at his own expense, to cancel or
transfer the infringing trademarks or domain names to DSI upon DSI‟s first demand. The Customer undertakes to
inform and to immediately notify DSI of illicit imitation and more generally of any unfa ir competition practices
based on the Protected Elements.
RETENTION OF TITLE:
Title to the products ordered by the Customer shall remain vested in DSI and shall not
pass to the Customer until the purchase price for the products ordered has been paid in full and received by DSI.
LIABILITY – FORCE MAJEURE: DSI may not be held liable in the case of a failure to fulfil its contractual
obligations as a result of circumstances beyond its control or a « force majeure » occurrence. Under no
circumstances may DSI be held liable for losses of profit, business losses, loss of data or loss of earnings, or for
any other indirect loss or loss that was not foreseeable when the website was used or when the contract of sale
was entered into by the Parties.
PROTECTION OF PERSONAL DATA:
All the personal information collected from the Customer is needed for
processing and dispatching the order and for drawing up the appropriate invoice. With the exception of the
Decathlon GROUP, the personal data obtained by DSI from the C ustomer will not be disclosed to any other third
organization for the purposes of direct marketing or for any other commercial gain. All or part of this information
may be circulated by DSI to its contractual partners for the purposes of processing the pay ments received,
executing the order, and in particular to transport the products ordered. The Customer is entitled to access,
modify or delete the data submitted concerning him. For this purpose, the Customer may alter his personal
information directly through the “My Account” section of the DSI website or by contacting the Company at the
contact address specified in DSI website. Online orders: DSI undertakes to protect the data provided by the
Customer in accordance with the provisions of the Information T echnology Act, 2000. CONFIDENTIALITY: All
the information and data concerning DSI to which the Customer may have access in the context of their
commercial relationship is confidential whether it relates to technical, commercial or economic elements, and
shall be kept confidential.
Members should always carry their Membership Card to purchase from DSI. This
Membership card is issued for the purchase and usage by Members only. DSI can stop the transaction if it is
found that the Membership card has been misused by the Member or any other person. Members shall be liable
to indemnify DSI for any liability arising to DSI on such misuse by the Member or any authorised representative.
DSI reserves the right to cancel the membership with immediate effect upon proved misconduct on part of the
Member. In the event the member does not make a purchase within 3 months of registration, the membership
will be terminated and a fresh should be made if required.
LOSS OF CARD OR PASSWORD FOR ONLINE PURCHASE :
The member is fully responsible for their own
Membership Card and/or password for online purchase. The member is responsible to intimate the loss of the
card to DSI Customer Care immediately to avoid misuse of the same. The Member should indemnify DSI fo r all
liabilities arising out of such misuse of the Membership Card issued to the Member. The Member is responsible to
intimate DSI on knowledge of their password being lost or hacked and is solely responsible to indemnify DSI for
misuse of online membership transactions. This includes usage of non-member credit or debit card for purchase
TERM & TERMINATION:
This agreement is contracted for an unspecified duration starting on the date of
execution hereof. The Parties shall be entitled to term inate this agreement at any time by giving notice with
reasonable time period specified by email to the other party or by registered letter with proof of receipt. In the
event that either party does not honor its obligations under this contract and that an y such breach is not
remedied within fifteen days of that party having received notice of the alleged breach from the other party,
which notice shall be sent by registered letter with proof of receipt, the notice period shall be one month.
Termination of this agreement in accordance with the conditions as stated above shall not render DSI liable to
pay any damages whatsoever. Upon termination of the contract, DSI undertakes to maintain the current orders
and the Customer undertakes to honour the said orders and, once they have been filled, to return all the
confidential information relating to the commercial relation belonging to DSI within 15 days. The Customer will
then cease to use all intellectual property rights belonging to DSI. In the event the author ised person is no longer
in the company, the registered company must inform DSI to deactivate the concerned person‟s authorisation. DSI
shall not be held liable for any misuse of such membership cards.
APPLICABLE LAW AND JURISDICTION: The present General Terms and Conditions of Sale shall be
construed in accordance with the applicable laws of India. Any disputes that cannot be resolved on an amicable
basis shall fall with in the exclusive jurisdiction of the Courts at Bangalore. The authorized representatives of DSI
and the Customer agree to the above Terms and Conditions the day mentioned herein below.