SECOND HAND: GENERAL TERMS AND CONDITIONS OF USE

Version 4 06/2020

1. ACCEPTANCE OF THESE TERMS

1.1

Welcome to Decathlon Second Hand! These General Terms and Conditions of Use and all content expressly or implicitly incorporated herein (as they may be updated from time to time, “Terms”) apply to all users (hereinafter referred to as “User”, “Users”, or “you”) of the Decathlon mobile application and the website found at https://secondlife.decathlon.ca (individually and collectively, “Website”), published and provided by Decathlon Canada Inc. (“Decathlon”, “we”, or “us”). Users browse for Decathlon products offered for sale by Decathlon through the Website.

1.2

The User is also subject to the Terms of Use of the Website, which are incorporated herein by reference and which are available at https://www.decathlon.ca/en/content/3- terms-and-conditions-of-use. In the event that there are inconsistencies between the Terms of Use of the Website and these Terms, the latter shall prevail. By browsing and/or purchasing an item through the Website, you agree to comply with and be bound by these Terms.

1.3

By installing the mobile application on your device and/or by accessing the Website as a visitor and/or User, you accept unconditionally and without any reservation all the Terms as defined hereinafter. These Terms may be subject to change. Accordingly, it is understood that the applicable Terms are those in force posted on the Website at the time of its use. You have the option to save or print the Terms.

2. DEFINITIONS

For the purpose of these Terms:

2.1

"Decathlon" shall refer to any entity belonging to the Decathlon Group, which includes Decathlon SE and all the companies directly or indirectly held by it with a minimum of 10% of the capital or voting rights.

2.2

“Excluded Items” means items that cannot be sold as Second Hand Products. Excluded Items may include, but are not limited to, the items listed in Section 5.2 and below :

  • All types of helmets (cycling, riding, ski, etc.);
  • All climbing equipment (climbing rope, harness, carabiner, ice ax, crampons, car ski holder, etc.);
  • Certain water sport equipment (hardware, regulators, life jackets, scuba tanks, computers, etc.);
  • Certain cycling equipment (baby carrier, car bicycle carrier, etc.);
  • Certain fitness equipment (electrodes for electro-stimulation device, expanders, etc.);
  • Certain horseback riding equipment (safety vests, etc.);
  • Certain hunting equipment (knives, rifles, weapons, ammunition, etc.);
  • All undergarment (including swimsuits).

2.3

“Purchaser” shall mean a User that purchases a Second Hand Product from Decathlon.

2.4

“Second Hand Products” shall mean the products offered for sale on the Decathlon Second Hand platform, which have been designated as Second Hand Products by Decathlon for reasons including, but not limited to, cosmetic defects and repairs. Products located on http://www.decathlon.ca are not Second Hand Products and do not fall under these Terms.

2.5

“Use” shall include any and all of the operations performed by the User as of the moment of access to the Website, including its mere consultation, regardless of the device used for access (in particular, computer, tablet, and smartphone), the connection type (private connection, third-party connection, or public wireless group), and the connection location (from Canada or abroad).

2.6

“User” shall refer to an individual that Uses the Website (including browsing). Users must be the age of majority in the province or territory of their residence in order to use the Website.

3. ROLES AND RESPONSIBILITIES

3.1

Use of the Website is free. The Website allows Users to browse Second Hand Products currently offered for sale at Decathlon stores or by Sellers. The Website lists the price of Second Hand Products but purchases must be completed in person. Second Hand Products clearly indicate whether the seller is Decathlon or a Seller.

3.2

Users are prohibited from:
  • Committing any illegal act;
  • Extracting or collecting personal data from Users of the Website by any means;
  • Extracting, recording, or using, for purposes other than the sole display while browsing this Website, the content of third parties subject to intellectual property rights, relating to privacy, personal data, or image rights;
  • Storing, distributing, or publishing any content that is illegal, harmful, abusive, racist, inciting hatred, revisionist, contrary to morality, infringing on privacy, or infringing the private rights of third parties, in particular, the right to image of persons and goods, intellectual property rights, or the right of privacy.
  • Storing, disseminating, or publishing any information revealing, directly or indirectly, their political, philosophical, or religious opinions, their trade union membership, their state of health, or their sexual orientation;
  • Submitting content on behalf of a third party;
  • Impersonating a third party and/or publishing any personal information of a third party;
  • Storing, distributing, or publishing any content that may directly or indirectly harm the interests of Decathlon.

3.3

In general, User undertakes to refrain from any behaviour contrary to sports ethics or to the values ​​and interests of Decathlon.

3.4

The content on the Website is subject to property rights and protected by intellectual property rights, in particular, copyrights, designs and models, brands, domain names, patents, know-how, software, and/or databases. Decathlon and its partners remain the owners of all of this content and associated rights. On this content, Decathlon grants Users a limited, non-exclusive, revocable license, without the right to sub-license for simple access, navigation, and use linked to the Website. This license does not grant Users any other rights, in particular, any commercial exploitation rights of this content.

4. AVAILABILITY

4.1

The Second Hand Products offered for sale on the Website are used sports or leisure equipment in the sense that the product itself and/or the packaging are not entirely complete or in perfect condition, have been repaired, or were previously purchased and used by another individual.

4.2

Not all brands in the Decathlon brand family are available on the Website. Second Hand Products offered through the Website depend on the quantities of Second Hand Products in our inventory. We do not manufacture, import, or otherwise obtain products with the goal of designating and selling them as a Second Hand Product.

4.3

Prices of Second Hand Products sold by Decathlon are valid as long as they are visible on the Website and are non-negotiable.

4.4

We do our best to keep the Website up to date. However, Second Hand Products appearing on the Website may no longer be available for purchase by the time a Purchaser arrives in-store. Decathlon will not place Second Hand Products on hold for Purchasers. Decathlon makes no guarantees as to the availability of Second Hand Products offered through the Website.

5. EXCLUDED ITEMS

5.1

Not all Decathlon products are eligible to be sold as Second Hand Products (“Excluded Items”). Decathlon reserves the right to assess at its sole discretion and without any possible dispute whether or not an item enters the list of Excluded Items.

5.2

Excluded Items include, but are not limited to:
  • All types of helmets (cycling, riding, ski, etc.);
  • All climbing equipment (climbing rope, harness, carabiner, ice ax, crampons, car ski holder, etc.);
  • Certain water sport equipment (hardware, regulators, life jackets, scuba tanks, computers, etc.);
  • Certain cycling equipment (baby carrier, car bicycle carrier, etc.);
  • Certain fitness equipment (electrodes for electro-stimulation device, expanders, etc.);
  • Certain horseback riding equipment (safety vests, etc.);
  • Certain hunting equipment (knives, rifles, weapons, ammunition, etc.);
  • All undergarment (including swimsuits).

6. PRODUCT LISTING, PRICING, AND PURCHASE

6.1

All amounts indicated on the Website are in Canadian dollars.

6.2

The User is informed that two Products with the same product model may be offered for sale at different prices: the price of sale depends in particular on the condition of each Product and the specific reason for which it was designated as a Second Hand Product.

6.3

A purchase takes place through the following steps:
  • Purchasers search and browse available items through the Website;
  • Purchasers click on Second Hand Products to learn more about the Product;
    • Online purchase is not possible;
    • Posted price does not include taxes;
    • Post indicates from which store the Product may be purchased;
    • Purchasers present themselves at the physical store and locate the Second Hand Product, if it is still available for purchase;
    • Purchasers purchase the Second Hand Product in the same way they would any other Decathlon product, including federal and provincial taxes, which are calculated based on the address of the store where the Second Hand Product is offered for sale.

7. PRODUCT RETURNS

7.1

It is important to us that your experience on the Website be as pleasant as possible. If you are not entirely satisfied with your purchase of Second Hand Product, you may return the item to any Decathlon store in Canada within 60 days of purchase. We will be pleased to provide a refund or credit your account for the amount of your purchase after our store team checks the return. Products must be in the packaging in which they were originally received. All technical Products will be subject to a quality check at the time of return.

7.2

A Second Hand Product purchased from Decathlon may be returned for exchange or refund, with the exception of the Excluded Items, which are final sale. Customer Service will confirm whether or not a Second Hand Product is eligible for return or refund. In case of any doubt, Purchaser should contact Customer Service prior to purchasing a Second Hand Product at [email protected]

7.3

A returned Second Hand Product must be fit for resale, any labels that were present when the Second Hand Product was originally sold to Purchaser must be attached to the Second Hand Product, and all components of the returned Second Hand Product must be returned with the Second Hand Product. The store reserves the right to refuse any return that is considered to be non-compliant. Processing of the return and crediting your account may take up to fifteen (15) days. All reimbursements will be made by the same mode of payment used at the time of the purchase.

7.4

Decathlon’s Returns and Refund Policy is herein incorporated.

8. WARRANTLY

8.1

Certain Second Hand Products sold on the Website by Decathlon may be covered by a commercial warranty for the period stated on the Product page for the items concerned.

8.2

Products subject to wear and tear are not covered by the warranty: tubes, chains, and brake shoes and pads.

8.3

The commercial warranty covers defects present in a Product in the course of normal use.

8.4

This warranty does not apply to any problem caused by negligence, deterioration, or inappropriate use of the product by the Purchaser. Decathlon will draw the Purchaser’s attention to defects or malfunctions that can only be the consequence of improper installation or handling of the equipment. Accordingly, Decathlon urges Purchasers to follow the instructions in the troubleshooting guides available on the Website and to perform a number of tests on the equipment received.

8.5

In the event that the Purchaser’s product is determined to be defective during the period covered by the statutory or commercial warranty, the Purchaser must submit a request to Customer Service.

8.6

To return an item to Decathlon, the Purchaser must contact Customer Service and state the problems or malfunctions encountered with the Second Hand Product(s) concerned.

8.7

Under the warranty, Decathlon allows the Purchaser to bring their Second Hand Product to a Decathlon store in Canada or to send the product back to Decathlon at the Purchaser’s expense.

8.8

After the Second Hand Product is processed by Decathlon, which will check whether the Second Hand Product is covered by a statutory or commercial warranty, the standard repair or replacement of the Second Hand Product will be provided. If the cause of the problem is covered by the statutory or commercial warranty and the Second Hand Product cannot be repaired or be replaced with an identical or equivalent Second Hand Product, the Purchaser will be reimbursed by providing a credit note or refund.

8.9

If a return is irregular or improper or the Purchaser has not read and followed the instructions in the troubleshooting guides made available on the Website, the return will be considered to be non-compliant and treated as such.

9. ACCESS AND USE OF THE WEBSITE

9.1

TO THE EXTENT PERMITTED BY LAW, THE WEBSITE AND ITS CONTENT ARE PROVIDED “AS IS” AND WHEN AVAILABLE. TO THE EXTENT PERMITTED BY LAW, DECATHLON, ITS SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, LICENSORS, CONTENT PROVIDERS, SERVICE PROVIDERS, REPRESENTATIVES, AND AGENTS (COLLECTIVELY, THE “DECATHLON REPRESENTATIVES”) MAKE NO REPRESENTATIONS OR WARRANTIES, PROVIDE NO GUARANTEES, ASSUME NO COMMITMENTS, AND EXPRESS NO CONDITION, WHETHER EXPRESS OR IMPLIED, AND DISCLAIM ANY REPRESENTATIONS, GUARANTEES, COMMITMENTS, OR CONDITIONS UNDER APPLICABLE LAWS OR OTHERWISE, AND DO NOT AND CANNOT OFFER ANY GUARANTEES WITH RESPECT TO THE WEBSITE OR ITS CONTENT, INCLUDING:
  • AN IMPLIED GUARANTEE OR CONDITION OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ANY IMPLIED STATEMENT OR GUARANTEE ARISING OUT OF THE PERFORMANCE OR GIVEN IN THE ORDINARY COURSE OF BUSINESS OR ACCORDING TO BUSINESS PRACTICE;
  • A GUARANTEE THAT THE WEBSITE OR ITS CONTENT WILL MEET THE REQUIREMENTS OF THE USER OR WILL BE COMPATIBLE WITH THE USER’S REQUIREMENTS CONCERNING COMPUTERS OR RELATED EQUIPMENT OR SOFTWARE;
  • A GUARANTEE THAT THE WEBSITE OR ITS CONTENT IS ACCURATE, VALID, RELIABLE, AUTHENTIC, UP-TO-DATE, OR COMPLETE; OR
  • A GUARANTEE THAT THE WEBSITE WILL CONTINUE TO BE OPERATED OR WILL BE OPERATED WITHOUT INTERRUPTION OR ERROR. THEREFORE, THE USER UNDERSTANDS AND AGREES THAT THEY MUST VERIFY ANY INFORMATION BEFORE MAKING ANY DECISION REGARDING THE CONTENT OF THE WEBSITE.

9.2

THE DECATHLON REPRESENTATIVES MAKE NO REPRESENTATIONS AND DO NOT GUARANTEE THAT THE WEBSITE OR ITS CONTENT IS APPROPRIATE OR AVAILABLE FROM ANY LOCATION. THE ACCESS TO THE WEBSITE FROM A COUNTRY IN WHICH ITS CONTENT IS ILLEGAL IS PROHIBITED. THOSE WHO CHOOSE TO ACCESS THE WEBSITE FROM A LOCATION OTHER THAN CANADA DO SO ON THEIR OWN INITIATIVE AND ARE REQUIRED TO COMPLY WITH LOCAL LAWS.

9.3

USERS WHO BROWSE THE WEBSITE ACKNOWLEDGE THAT THEY ARE DOING SO AT THEIR OWN RISK. DECATHLON AND ANY DECATHLON REPRESENTATIVE CANNOT BE HELD RESPONSIBLE FOR ANY DAMAGE OR HARM THAT THE USER MAY SUFFER WHEN ACCESSING AND/OR USING THE WEBSITE, INCLUDING THE PRESENCE OF VIRUSES OR DESTRUCTIVE ITEMS THAT MAY HAVE INFECTED THE APP, EVEN IF DECATHLON KNEW OR WAS AWARE OF THIS POSSIBILITY. THE USER AGREES THAT NEITHER DECATHLON NOR THE DECATHLON REPRESENTATIVES HAVE ANY LIABILITY IN CONNECTION WITH THE WEBSITE OR ITS CONTENT TOWARDS THE USER OR ANY OTHER PERSON OR ENTITY WITH RESPECT TO ANY LOSS OR DAMAGE WHATSOEVER, IN PARTICULAR, ANY CONSEQUENTIAL, INDIRECT, PUNITIVE, EXEMPLARY, OR SPECIAL DAMAGES ARISING OUT OF THE USE OF THE WEBSITE OR ITS CONTENTS OR ACCESS THERETO, OR ANY INCONVENIENCE, DELAY, OR IMPOSSIBILITY OF ACCESS OR USE RELATING TO THE WEBSITE OR ITS CONTENT, OR TO THE CONTENT OF ANY RELATED SITE, OR THE FAILURE OF SUCH A SITE AND/OR RELATED WEBSITE.

9.4

THE USER EXPRESSLY ACKNOWLEDGES THAT DECATHLON, UNLESS PROVIDED FOR BY LAW, ITS SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, AND AGENTS CANNOT BE SUED BECAUSE OF DAMAGES SUFFERED BY THE USER FOR THE USE OF THE WEBSITE AND NO COMPENSATION WILL BE AWARDED TO THE USER.

9.5

IF THE USER SUFFERS ANY DAMAGE OR DISAGREES IN ANY WAY WITH THE TERMS, THE USER IS PROMPTED TO LOG OUT WITHOUT DELAY.

10. LIMITATION OF LIABILITY

10.1

EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW, UNDER NO CIRCUMSTANCE WILL DECATHLON NOR ITS PARENT, SUBSIDIARIES, AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS BE LIABLE FOR NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION, FUNDAMENTAL BREACH, DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING ANY DIRECT, SPECIAL, OR INCIDENTAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, BREACH OF PRIVACY, OR OTHERWISE, EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW, ARISING OUT OF OR IN CONNECTION WITH USE, OR INABILITY TO USE, OR RELIANCE ON, THE WEBSITE, ANY LINKED WEBSITES OR SUCH OTHER THIRD-PARTY WEBSITES, NOR ANY WEBSITE CONTENT, MATERIALS, POSTING, OR INFORMATION THEREON EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW. TO THE FULLEST EXTENT PERMITTED BY LAW, USER AGREES THAT DECATHLON’S ENTIRE LIABILITY FOR ANY CLAIM FOR DAMAGES AGAINST DECATHLON ARISING OUT OF THESE TERMS, WHETHER GROUNDED IN CONTRACT OR IN TORT, SHALL BE CAPPED AT AN AMOUNT OF $100CAD AND NO MORE.

10.2

TO THE FULLEST EXTENT PERMITTED BY LAW, DECATHLON SHALL NOT BE LIABLE TO USER FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR OTHER SIMILAR DAMAGES, INCLUDING BUT NOT LIMITED TO THE LOSS OF REVENUES, LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION, OR OTHER INTANGIBLE LOSSES (HOWEVER SUCH LOSSES ARE QUALIFIED), ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OR THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT DECATHLON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ANY AND ALL LOSSES RESULTING FROM ANY SUCH FAILURE WILL NOT BE COMPENSATED.

10.3

THESE TERMS DO NOT LIMIT OR EXCLUDE ANY CONDITION, WARRANTY, RIGHT, OR LIABILITY THAT IS LEGALLY BARRED FROM BEING EXCLUDED OR LIMITED. AS SUCH, ONLY LIABILITIES THAT MAY BE LIMITED OR EXCLUDED IN THE USER’S JURISDICTION ARE HEREBY LIMITED AND/OR EXCLUDED UNDER THESE TERMS, TO THE MAXIMUM EXTENT PERMITTED BY LAW.

11. PERSONAL INFORMATION

The collection, use, and disclosure of personal information concerning the User, which Decathlon may collect through the Website, are subject to the Privacy Policy, which is incorporated hereto by reference.

12. MISCELLANEOUS

12.1

The fact of not availing oneself at a given moment of any of the clauses of the present Terms does not constitute a waiver of any right, whether under these Terms or under law, equity, or otherwise, for the future.

12.2

Should one or more provisions of these Terms be declared null or void by application of a law, a regulation, or following a final judicial or administrative decision, all other stipulations will retain their force and scope. Decathlon shall make its best efforts to proceed as soon as possible to its replacement by a valid provision with a scope as near as possible to the spirit thereof. The fact that one of the parties has not insisted on the application of any provision of these Terms, whether permanently or temporarily, shall not be construed, under any circumstances, as a waiver of such a provision.

13. APPLICABLE LAW/DISPUTES

13.1

Except where prohibited by legislation, the validity, interpretation, and enforceability of these Terms are governed in accordance with the laws of the Province of Quebec and the laws of Canada applicable therein. By accessing the Website, you irrevocably accept the exclusive jurisdiction of the competent courts located in the judicial districts of Montreal or Longueuil to settle any dispute or claim that arises out of or in connection with these Terms.