TERMS AND CONDITIONS - TEST & BUY PROGRAM
Created: 20 December 2019
Effective Date: 30 December 2019
You wish to engage in the Test & Buy program of Decathlon USA LLC (“Decathlon”) for the product(s) listed in your checkout cart (the “Product(s)”).
By ticking the “I Accept the Terms and Conditions” box on the checkout page, you agree to be bound by the terms stated below. If you do not agree with all of these terms, then please do not accept them. However, you acknowledge and agree that by not accepting these terms, you will not be able to participate to the Test & Buy Program.
- You confirm this is the first time you are taking part in the testing of the Product(s).
- You hereby expressly authorize our payment gateway to register your payment card details (the “Card”) for a maximum of seven (7) days from the date of this transaction (the “Effective Date”). Decathlon will not charge the Card if you elect to return the Product(s) in a safe condition before expiry of the seven-day period.
- You agree that you are fully responsible for the Product(s) and if the Product(s) is/are not returned or the Product(s) is/are lost or stolen within seven (7) days from the Effective Date, the full sales price will be charged to the Card on the eighth (8th) day.
- Products are provided in a clean and working condition and must be returned in the same manner. Clean and working condition means normal wear and tear is accepted but does not include breakage from misuse and/or crashes.
- Any damaged parts or components will be repaired/replaced at Decathlon’s discretion and you agree that Decathlon will charge regular rates and retail prices for replaced components on the Card.
- You represent and warrant that you are in good health and suffer from no medical conditions which are likely to adversely affect your normal use of the product(s).
- YOUR USE OF THE PRODUCT(S) IS AT YOUR OWN RISK. IT IS YOUR RESPONSIBILITY TO CHECK THE PRODUCT(S) BEFORE USING IT/THEM. THE PRODUCT(S) AND ANY RELATED ITEMS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
- DECATHLON, ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS OR BUSINESS PARTNERS (“DECATHLON ASSOCIATES”), AND THEIR RESPECTIVE EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR USE OF THE PRODUCT(S).
- You agree to defend, indemnify and hold harmless Decathlon and Decathlon Associates, and their respective employees, agents, officers and directors, and their successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Legal Terms or your use of the Product(s).
- You agree that Decathlon will process your personal data in accordance with all applicable data protection legislation in California. Decathlon will process your personal data for the purpose of participation in the Test & Buy Program, to solicit feedback from you, including through surveys conducted by email, text messages or phone calls, to send you marketing communications and promotional material; or to provide you with information about our promotions, and our other products. Decathlon will retain and use your information only as necessary to comply with its legal obligations, resolve disputes, and enforce its agreements.
- You also agree that by giving any feedback on the Product(s), or any content related to your use of the Product(s) (“User Content”) to Decathlon, you grant to Decathlon, Decathlon’s parent companies and affiliates, its successors, and assigns, a perpetual, irrevocable, royalty-free, worldwide, non-exclusive right and license over any intellectual property rights owned by you on the User Content, or with respect to which you have a right to grant such rights and licenses, to the extent required by Decathlon, Decathlon’s parent companies and affiliates, its successors, and assigns, to exploit the User Content and/or to incorporate it in other works in any form, media or technology. You authorize the User Content to become automatically available on the internet, including on other websites and/or blogs and/or web pages including Decathlon’s website, Decathlon social media accounts (Instagram, Facebook, Twitter, etc.), or sites on which Decathlon users are allowed to share content.
- All matters relating to these terms shall be governed by and construed in accordance with the Federal Arbitration Act, applicable federal law, and laws of the State of California without regard to its conflict of laws principles.
- Any legal suit, action or proceeding arising out of, or related to, these terms shall be instituted exclusively in the relevant state or federal courts located in the City and County of San Francisco although we retain the right to bring any suit, action or proceeding against you for breach of these terms in your county of residence or any other relevant county. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.