Terms and Conditions of Sale
1.1. These General Terms and Conditions of Sale (hereinafter referred to as the "General Conditions") apply exclusively between DECATHLON (THAILAND) COMPANY LIMITED (Company Registration No.0115558007311) , a company incorporated in Kingdom of Thailand and having its registered office at 14/9 Moo 13 Bangna-Trad Road, Bangkaew Sub-District, Bangplee District Samutprakarn, Thailand (hereinafter referred to as "Decathlon"), and any person placing an order on Decathlon's website www.decathlon.co.th (the "Website"), (hereinafter referred to as the "Customer" or "you" and collectively with Decathlon, the "Parties").
Decathlon and/or its subsidiaries are the owner of and have rights to manage the Website. Using the Website shall comply with this General Conditions which the Customers should carefully read. Anyone who access to or use the Website shall be deemed to accept these General Conditions.
1.2. These General Conditions govern and apply to anyone accessing or using the Website, the relationship between the Parties and the supply of any product on the Website (hereinafter referred to as the "Product") to the Customer.
1.3. Without prejudice to any other provision in these General Conditions, by using the Website or purchasing any Product, you represent, warrant and undertake (i) to accept, comply with, and be bound by these General Conditions; (ii) that you are over 18 years of age and have the legal capacity to abide by these General Conditions; and (iii) to comply with all applicable laws, regulations and rules in relation to your access to and use of the Website.
1.4. These General Conditions shall prevail notwithstanding any amendments by the Customer. Any amended conditions submitted, proposed or stipulated by the Customer, regardless of whether Decathlon has objected to them explicitly, are expressly waived and excluded.
1.5.Decathlon reserves the rights to amend, modify, update, change or otherwise alter these General Conditions at any time. You are advised to read these General Conditions carefully and to check regularly for any updates, changes or modifications. As these General Conditions will govern all Orders, please review these General Conditions each time you place an Order. If you do not agree to any change, update or modification to the General Conditions, you must immediately stop using the Website.
2.1. Submitting an Order
2.1.1. A Customer who wishes to purchase Products shall place an order through the Website (hereinafter referred to as the"Order"). All Orders are subject to acceptance by Decathlon and availability of Products.
2.1.2. Prior to submitting an Order, the Customer shall set up an account on the Website. For the steps you need to take to place an Order on the Website, please see Clause 2.2 hereunder. To create an account under the Website, you shall not disclose your personal information to anyone and you be responsible for your account security including any activities occur from or through your account. You agree to immediately inform Decathlon of any security violence against your account. You agree that Decathlon has no responsibility or liability in any way for any damage or loss caused in relation to using or accessing through the Website with your account without any consent.
2.1.3. The Order process allows you to check and amend any errors before submitting your Order to Decathlon. Please take the time to read and check your Order at each page of the Order process.
2.1.4. By placing an Order, you are (i) contracting with Decathlon for the purchase of a Product on these General Conditions, (ii) representing that you are over 18 years of age and have the legal capacity to form a binding contract, (iii) representing that you are an end user, and (iv) representing that all information provided to Decathlon in connection with such Order is true and accurate and that you are authorised to use the payment method you have provided for such Order.
2.1.5. Once an Order has been placed, you will receive an e-mail from Decathlon acknowledging the receipt of your Order (hereinafter referred to as the "Order Confirmation").
2.1.6. Prior to Decathlon’s acceptance of an Order, verification of information may be required. Decathlon reserves the right at any time on receipt of your Order to accept or decline such Order, or any part thereof, even after your receipt of the Order Confirmation, for any reason whatsoever.
2.1.7. Decathlon may place a limit on the quantities that may be purchased per Order, per account, per credit card or per person which you will be informed of prior to Decathlon accepting your Order
2.1.8. Decathlon may, at its sole discretion, accept amendments to an Order after an Order Confirmation has been provided to the Customer.
2.2. How to place an order on the Website?
The Customer will be required to complete several stages when placing an Order: - add its chosen items to its basket;
- select a delivery method;
- select a method of payment;
- make its payment;
- the Customer will receive an e-mail confirming that its Order has been logged; and
- lastly, the Customer will receive an e-mail confirming its order (Order Confirmation).
Once the Order is ready to be shipped, Decathlon will send an order shipping email to the Customer (dispatch confirmation).
2.3.Price and Payment
2.3.1. Product prices will be stated on the Website. If Decathlon has a retail location in your country/region, the process, Product selection and promotions offered on the Website may vary at any time from what is available or offered in the retail store locations.
2.3.2. Product prices are subject to change at any time and without advance notice, but you will always be charged the price which is displayed on the Website at the time you confirm your Order.
2.3.3. Prices are displayed in Thai Baht (THB). Decathlon makes reasonable efforts to ensure that the price paid by the Customer is the displayed price. However, depending on the country of delivery, additional taxes, duties, charges and/or fees may apply. In the event that such additional taxes, duties, charges and/or fees apply, they shall be borne by you.
2.3.4. Prices displayed exclude delivery costs which may be added to the amount of your Order and shown on the check-out page. Such delivery charges may vary, depending on the amount of your Order, the delivery destination and the delivery method chosen.
2.3.5. You shall pay for the Product in full upon submitting your Order. Payment for Orders may be made by way of (i) credit or debit card issued by a credit or debit card company acceptable to Decathlon or (ii) cash on delivery service. Decathlon reserves the right to change the payment options at any time for any reason.
2.3.6. All credit/debit card transactions made on the Website are secured using the Secure Socket Layer (SSL) technology and payments are processed by KBank.
2.3.7. You undertake that all details you provide to Decathlon in connection with the Order will be correct, that the credit/ debit card or account which you use is your own and that there are sufficient funds or credit facilities to cover the cost of your Order. Decathlon reserves the right to obtain validation of your payment details before providing you with the Products.
2.3.8. If you are a Customer whose credit or debit card is not denominated in Thai Baht (THB), the final price may vary, depending on the exchange rate applied by your card issuer or issuing bank. For the avoidance of doubt, Decathlon shall under no circumstances be responsible for any foreign transaction fees charged by your issuing bank if you are using an international credit/debit card.
2.3.9. Once Decathlon has received cleared funds in full in relation to your Order, you will receive an e-mail from Decathlon confirming your payment (hereinafter referred to as the"Payment Confirmation").
2.3.10. The Website contains a large number of Products. It is always possible that despite Decathlon’s reasonable efforts, some of the Products on the Website may be incorrectly priced. If Decathlon discovers an error in the price of any Product you have ordered, Decathlon will inform you of this error and will give you the option of continuing to purchase the Product at the correct price or cancelling your Order. Decathlon will not dispatch your Order until your instructions have been obtained. If Decathlon is unable to contact you using the contact details you have provided, Decathlon will treat the Order as cancelled and notify you in writing. If the Order is cancelled, Decathlon will refund you based on your original mode of payment for the Order of the Products, inclusive of delivery charges (if applicable). For the avoidance of doubt, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, Decathlon does not have to provide the Product to you at the incorrect (lower) price.
2.4. Acceptance of Order
2.4.1. Decathlon shall not be obliged to supply the Products to you until it has accepted your Order. Until the time Decathlon accepts your Order, Decathlon reserves the right to cancel your Order for any reason whatsoever, including but not limited to Decathlon having reasonable grounds to believe you have breached these General Conditions, unavailability of Products or the Products not being purchased for end use. If Decathlon cancels your Order before it has accepted it, Decathlon will refund you based on your original mode of payment for the Order of the Products, inclusive of delivery charges (if applicable).
2.4.2. Your Order remains valid as an offer until your Order has been accepted. A contract shall be formed and Decathlon shall be legally bound to supply the Products to you when Decathlon confirms its acceptance to you by sending you an e-mail confirming that the Products have been dispatched (hereinafter referred to as the "Dispatch Confirmation").
2.4.3. Title to and risk of accidental loss of the Products purchased passes to the Customer upon issue of the Dispatch Confirmation.
3.1. The Website is intended for use by Customers who reside in the country serviced by this Website and there may be limits on where Decathlon can deliver Products.
3.2. Estimated delivery dates of the Products will be indicated on the Dispatch Confirmation but the estimated delivery dates serve as a guide only and shall not be binding on Decathlon.
3.3. Decathlon shall contact you if an estimated delivery date cannot be met but Decathlon shall in no circumstances be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery.
3.4. The Products shall be packaged in accordance with Decathlon's standard packing procedures. Decathlon reserves the right to accommodate any specific packing instructions and in such cases, any additional charges which may apply shall be paid by the Customer before the Products are dispatched.
3.5. Products will be dispatched from Decathlon’s Bangna Store in Thailand on the account and at the risk of the Customer. Decathlon is free to choose the carrier, the forwarding company and the means of transport.
3.6. As the risk of accidental loss of the Products purchased passes to the Customer upon Decathlon’s issue of the Dispatch Confirmation, even if delivery is made carriage paid, Decathlon is not obliged to insure the Products, or to insure the Products against damage in transit.
3.7. Unless otherwise agreed by Decathlon, Decathlon will deliver your Products to the delivery address provided by you on your Order Confirmation. On delivery of your Products, you will be required to sign for delivery and if no-one is available to take delivery of your Products, Decathlon's appointed carrier may leave a card giving you instructions on either re-delivery or collection from the carrier.
4. Decathlon's Products
4.1. The images of the Products on the Website are for illustrative purposes only. Although Decathlon has made every effort to display the colours accurately, Decathlon cannot guarantee that your computer's display of the colours accurately reflect the colour of the Products. Products purchased may vary slightly from those images.
4.2. Decathlon has made every effort to ensure that (i) all information published on the Website in relation to the Products are accurate, (ii) the Website is updated regularly and (iii) errors are corrected within a reasonable time of discovery. However, any of such content may be inaccurate or out of date at any given time. Decathlon reserves the right to make changes to the Website at any time including the Product prices, specifications, descriptions, offers and availability.
4.3. The packaging of the Products may vary from that shown on images on the Website.
5. Return Policy
5.1.Products can be returned to Decathlon for a refund subject to the following conditions:
5.1.1. We guarantee Customer's satisfaction; products can be returned and exchanged by Decathlon anytime if they are still available in our stores. The Customer may return or exchange them at Decathlon Stores or via post to Customer Service at Decathlon Store Rama4 located at Tesco Lotus Rama4, 2nd floor, 3300 4, Klongton, Khlong Toey, Bangkok 10110;
5.1.2. In the event of Products found defected; Customer must contact us on www.decathlon.co.th for defective verification process. If the Products are verified and the defect is found, Decathlon will be responsible for the cost of returning such defected Product at its own cost.
5.2. Subject to Clause 5.1.1, the customers will be refunded within fourteen (14) to twenty (20) days after Decathlon receives the return products. Decathlon will offer you a refund based on your original mode of payment for the Order of the Products except Cash On Delivery mode, inclusive of delivery charges (if applicable).
5.3. Subject to Clause 5.1.2, Decathlon will be responsible for the cost of returning the defected Products. The customers will be refunded within fourteen (14) to twenty (20) days after the defective verification process. Decathlon will offer you a refund based on your original mode of payment for the Order of the Products except Cash On Delivery mode, inclusive of delivery charges (if applicable).
5.4. The Customer can go to 'My Account' and click on 'Track My Orders' or 'Help' section to contact customer services in order to request a return number (specify the reason).
6. Product Warranty
6.1. Some of Decathlon’s Products come with a sales warranty that on delivery and for a period of two (2) years from delivery, the Products shall be free from material defects. Whether a Product is covered by warranty will be set out in the description of the Product on the Website. However, such warranty does not apply in the circumstances described in Clause 6.2.
6.2.The warranty in Clause 6.1 does not apply to any defect in the Products arising from:
6.2.1. fair wear and tear;
6.2.2. wilful damage, abnormal storage or working conditions, lack of proper maintenance, accident, negligence by you or by any third party;
6.2.3. failure to install, operate or use the Products in accordance with the user instructions, specifications or conditions made available to the Customer by Decathlon; or
6.2.4. any alteration or repair by you or a third party who is not one of Decathlon’s authorised repairers.
6.3. In the event that you would like to repair or return your defective Product during the warranty period, please refer to 'Return and Exchange'
6.4. Depending on the nature of defect, Decathlon shall at its option repair or replace the defective Product. If despite Decathlon’s reasonable efforts a defective Product cannot be repaired or replaced, Decathlon shall grant the Customer a credit equal to the original price paid by the Customer for the defective Product and this shall be the only remedy that the Customer will be entitled to.
6.5. If a Product is returned to Decathlon without a valid reason or due to a defect arising from any one of the circumstances described in Clause 6.2 above, Decathlon reserves the right to dismiss the Customer’s request and return the Product to the Customer at the Customer’s cost and expense.
7. Access and Use of Website
7.1. Access to the Website
7.1.1. Access to the Website is made available free of charge.
7.1.2. Decathlon does not guarantee that the Website or any content on it will always be available or uninterrupted. Access to the Website is permitted on a temporary basis and Decathlon reserves the right to suspend, withdraw, discontinue or change all or any part of the Website without notice. Decathlon will not be liable to you if for any reason the Website is unavailable at any time or for any period. Besides, Decathlon reserves the rights to refuse or limit the accessing to the Website of anyone or from any IP address without advance notice.
7.2. Use of Website
7.2.1. Unless otherwise specified, the Website is solely for your personal and non-commercial use and you agree that you are only authorised to visit, view and retain a copy of any information or services obtained from the Website for informational use. You understand and agree that you are strictly prohibited from duplicating, adapting, modifying, commercially distributing, publishing, licensing or selling any information, material or services obtained from the Website.
7.2.2. You may not use the Website:
(a)in any way that breaches any applicable law, regulation or rule;
(b)in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
(c)to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); or
(d)to knowingly transmit any data, send or upload any material that contains viruses, trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
7.3. Member Account and Password
7.3.1. If you choose to create an account on the Website, you must complete the registration process by providing Decathlon with current, complete and accurate information. You are responsible for all use of your account and for keeping your user name and password confidential.
7.3.2. You agree to notify Decathlon immediately if you know of or suspect any unauthorised use of your account or any other breach of security.
7.4.1. All information, text, descriptions, data, graphics, images, logos, illustrations, designs, icons, video clips, audio clips, sounds, files, specifications, advertisements, titles, names, intellectual property rights and any other information provided on the Website (hereinafter referred to as the "Content") are owned by Decathlon, its associated companies and/or a third party (which may be indicated by a link to or from an external source, or otherwise).
7.4.2. Content on the Website is for general information purposes only and is not binding on Decathlon in any way except to the extent that it is specifically indicated to be so. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the Content on the Website.
7.4.3. The use of and reliance on any Content on the Website is at your own risk and under no circumstances will Decathlon be liable for any Content or for any loss or damage of any kind suffered as a result of your use or reliance of any Content made available on the Website.
7.4.4. Decathlon makes no representations, warranties or guarantees, whether express or implied, that the Content on the Website is accurate, complete or up-to-date. Decathlon reserves the right, in its sole discretion, to amend, modify, update, change or otherwise alter the Content at any time without providing notice to you.
7.4.5. The Website may include links to third party websites that let you leave the Website. These linked sites are not under the control of Decathlon and Decathlon is not liable or responsible for the accuracy, completeness, timeliness or availability of any third party Content. Links to any third party websites are provided for your convenience only and the inclusion of any link does not imply endorsement by Decathlon of the website. Your use of such third party website is at your own risk and may be subject to that third party's terms and conditions.
7.5. Intellectual Property Rights
7.5.1. Decathlon and/or its associated companies are the owner(s) or the licensee(s) of all intellectual property rights in the Website such as message, article, picture, . Such intellectual property rights shall include but are not limited to copyrights, trademarks, industrial design rights, patents, know-how, privileged or similar information, whether registered or not, as well as all other rights related to Decathlon or its associated companies’ trademarks, Products or business activities.
7.5.2. Except as expressly permitted by Decathlon, you may not use, reproduce, copy, modify, publish, transmit, distribute, display, download, licence, transfer or sell any Content.
7.6. User-Generated Content
7.6.1. Decathlon does not claim ownership of the content you provide to Decathlon (including comments, feedback, ratings, suggestions) or post, upload or submit to the Website for review by the general public, or by the members of any public or private community (collectively, "User-Generated Content")
7.6.2. Any User-Generated Content posted, uploaded or submitted on the Website will be considered non-confidential and non-proprietary and Decathlon will be permitted to use, copy, distribute, reproduce, publish, sublicense and otherwise disclose to third parties such User-Generated Content for any purpose without providing notice to you.
7.6.3. Decathlon has the right to disclose your identity to any third party who is claiming that any User-Generated Content posted or uploaded by you to the Website constitutes a violation of their intellectual property rights, or of their right to privacy and Decathlon will not be responsible, or liable to any third party, for the User-Generated Content or accuracy of any User-Generated Content posted by you or any other user of the Website.
7.6.4. You agree that any User-Generated Content that you post, upload or submit to the Website:
(a)is accurate (where they state facts);
(b)is genuinely held (where they state opinions); and
(c)complies with applicable laws in the country from which they are posted.
7.6.5. You agree that you shall not post, upload or submit to the Website, any User-Generated Content that:
(a)is not related to appropriate subject matters;
(b)is misleading to others;
(c)contains viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful;
(d)infringes any third party intellectual property rights;
(e)is unlawful, harmful, threatening, abusive, vulgar, obscene, defamatory, pornographic, indecent, hateful, offensive, or racially, ethnically or otherwise objectionable;
(g)promotes any illegal activity;
(h)is likely to deceive any person;
(i)is in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
(j)advocates, promotes or assists any unlawful act such as (by way of example only)copyright infringement or computer misuse; or
(k)intentionally or unintentionally breaches any applicable local state, national or international law, regulations or rules.
7.6.6. You have the right to remove any User-Generated Content which you have posted, uploaded or submitted.
7.6.7. The User-Generated Content does not represent Decathlon’s views, opinions, advice, values or beliefs and Decathlon makes no claim of accuracy of any such User-Generated Content.
7.6.8. Decathlon will determine, in its own discretion, whether there has been a breach of this Clause 7 through your use of the Website and reserves the right to take any such action as Decathlon deems appropriate, including but not limited to the following actions:
(a)immediate, temporary or permanent removal of any User-Generated Content from the Website at any time and for any reason;
(b)immediate, temporary or permanent withdrawal of your right to use the Website;
(c)issue of a warning to you;
(d)legal proceedings against you for reimbursement of all costs on an indemnity basis (including but not limited to, reasonable administrative and legal costs) resulting from the breach; or
(e)further legal action against you.
8.Disclaimer and Limitation of Liability
8.1. Decathlon assumes no liability or responsibility for
(a)errors, mistakes or inaccuracies of the products, content, user-generated content, services or any other information or material set out or made available through the website,
(b)any unauthorized access to or use of secure servers (whether provided by Decathlon directly or by third parties appointed by Decathlon) and/or any and all personal information stored therein,
(c)any property damage of any nature whatsoever resulting from a customer’s access to or use of or reliance on any products, content, user-generated content, services or any other information or material set out or made available through the website or any linked third party website(s),
(d)any interruption the website or any linked third parties website(s),
(e)any viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer software or hardware transmitted through the Website or any linked third party website(s) and/or
(f) any errors or omissions in the content, user-generated content, information or material set out or made available through the Website (including but not limited to third party website(s)) or for any loss or damage of any nature incurred as a result of the use of or reliance on any of the foregoing.
8.2. These general conditions set out the full extent of Decathlon’s obligations and liabilities in respect of the supply of the products and there are no warranties, conditions or other terms that are binding on Decathlon except as expressly stated in these general conditions.
8.3. Without prejudice to any other provision in these general conditions and except to the extent required by law, the maximum aggregate liability of Decathlon, Decathlon’s employees, officers, sub-contractors or agents for any act or omission, whether in contract, tort (including negligence) or otherwise in relation to these general conditions shall in no circumstances exceed the amount payable by you to Decathlon in respect of the product(s) in question.
8.4. Decathlon shall not be liable to the Customer for:
8.4.1. Any indirect, special or consequential loss or damage;
8.4.2. Loss of data or other equipment or property;
8.4.3. Economic loss or damage;
8.4.4. Any liability incurred by the customer for loss or damage of any nature whatsoever suffered by third parties (including in each case, incidental and punitive damages);
8.4.5. Any loss of actual or anticipated profit, use, opportunities, interest, revenue, anticipated savings, businesses or damage to goodwill, even if Decathlon is advised in advance of the possibility of such losses or damages.
8.5. Decathlon shall not be liable for losses arising from the Customer’s subsequent misuse of the products including but not limited to:
8.5.1. Fair Wear and Tear;
8.5.2. Wilful damage, abnormal storage or working conditions, lack of proper maintenance, accident, negligence by the Customer or by any third party;
8.5.3. Failure to install, operate or use the products in accordance with the user instructions, specifications or conditions or conditions made available to the customer by Decathlon; or
8.5.4. Any alteration or repair by the Customer or a third party who is not one of Decathlon's authorised repairers.
8.6. Any products, content, user-generated content and services made available or obtained through the website or any linked third party website is done at the Customer's own discretion and risk and the Customer shall be solely responsible for any damage to their computer system or electronic device, or any loss of data that results therefrom.
8.7. Use and reliance upon any and all of the products, content, user-generated content is at the Customer’s own discretion and risk and is made available on an "as is" and "as available" basis. Except as may expressly be stated herein, Decathlon makes no warranties or representations about the accuracy or completeness of the products, content, user-Generated content, services or any other items of the products, content, user-generated content, services or any other items or materials made available or linked to from the Website.
The Customer shall keep Decathlon fully indemnified against all actions, claims, demands, proceedings, liabilities, losses (whether direct, indirect or consequential), costs (including legal costs on a full indemnity basis) and expenses of every kind suffered or incurred by Decathlon, its officers, employees, servants, representatives, manufacturers, distributors, corporate affiliates and/or agents, arising out of or in connection with:
(a)any claim made by any third party due to or arising out of any Content posted by the Customer on the Website;
(b)any actual or alleged breach or non-performance or non-observance of any of the Customer’s obligations or warranties under these General Conditions, or otherwise arising in any way out of the Customer’s use of the Website or purchase of the Products; or
(c)any infringement or misappropriation by the Customer of any third party’s patent, copyright, trademark or other intellectual property rights in connection with the use of the Website or purchase of the Products.
10. Force Majeure
10.1. A "Force Majeure Event" means any cause which is not reasonably foreseeable and is beyond the reasonable control and not due to the fault or negligence of the Party affected (including its subcontractors, if any) and which could not have been avoided by due diligence and the use of reasonable efforts. A Force Majeure Event includes, without limitation, Acts of God, drought, flood, earthquakes, storm, fire, lightning, epidemic, war, riot, civil disturbance, sabotage, explosions, strikes, or labour disputes (excluding any strikes, labour disputes or other labour difficulties in which the employees of the affected Party (or its subcontractors, if any), are involved) and changes in law. A Force Majeure Event includes the failure of a subcontractor to furnish labour, services, materials or equipment in accordance with its contractual obligations only if such failure is itself due to a Force Majeure Event.
10.2. Decathlon shall not be liable for failure or delay in performing any of its obligations under these General Conditions to the extent that the failure or delay is due to a Force Majeure Event PROVIDED ALWAYS THAT:
10.2.1. as soon as rea sonably practicable upon knowing that it will not be able to fulfil its obligations, it notifies the Customer; and
10.2.2. no obligations of Decathlon which arose before the occurrence of the Force Majeure Event causing the suspension of performance are excused as a result of the occurrence.
10.3. Where the Force Majeure Event affects Decathlon’s delivery of Products to the Customer, Decathlon will arrange a new delivery date with the Customer after the Force Majeure Event is over.
For all Customer related enquiries, refer to the 'Contact Us page. '
12. General Legal Provisions
12.1 Assignment The Customer shall not, without the prior written consent of Decathlon, assign, transfer, charge or otherwise deal in any other similar manner with all or any of its rights under these General Conditions, subcontract any or all of its obligations under these General Conditions, or purport to do any of the same
12.2. Remedies and Waivers No failure on the part of Decathlon to exercise, and no delay on its part in exercising, any right or remedy under these General Conditions will operate as a waiver thereof, nor will any single or partial exercise of any right or remedy preclude any other or further exercise thereof or the exercise of any other right or remedy. The rights provided in under these General Conditions are cumulative and not exclusive of any rights or remedies provided by law. If Decathlon does waive a default by the Customer, it will only do so in writing.
12.3. Entire Agreement The illegality, invalidity or unenforceability of any provision of these General Conditions under the law of any jurisdiction shall not affect its legality, validity or enforceability under the law of any other jurisdiction nor the legality, validity or enforceability of any other provision.
12.4. Language These General Conditions are rendered in two languages, a Thai version and English version. In the event of any inconsistency or ambiguity between the English and Thai version, the Thai version shall prevail.
13. Governing Law
These General Conditions shall be governed by and construed in accordance with the law of Kingdom of Thailand and the courts of Kingdom of Thailand shall have exclusive jurisdiction.
Terms and Conditions of "Decathlon Account"
A Customer's Decathlon Account has been set up by Decathlon (Thailand) Co., Ltd., incorporated in the Kingdom of Thailand under company registration no. 0115558007311, whose registered office is located at 14/9 Moo 13 Bangna-Trad Road, Bangkeaw, Bangplee (herein referred to "Decathlon" or "We").
Unless otherwise defined, the definitions and provisions in respect of interpretation set out in these Terms and Conditions the following definitions apply:
"Decathlon Account" means an account issued to a Customer that has sign up and/or subscribed to the Website.
"Personal Data" means data, whether true or not, about an individual who can be identified from either that particular data, or from that data and other information which Decathlon has or is likely to have access to. Commonly collected personal data of Customers typically include, amongst other things, names, addresses, telephone (landline and mobile) numbers, e-mail addresses, identification numbers, nationalities, dates of birth and credit card information.
"Prohibited Material" means any information, graphics, photographs, data and/or any other material that:
(a) contains any computer virus or other invasive or damaging code, program or macro;
(b) infringes any third-party Intellectual Property or any other proprietary rights;
(c) is defamatory, libelous or threatening;
(d) is obscene, pornographic, indecent, counterfeited, fraudulent, stolen, harmful or otherwise illegal under the applicable law; and/or
(e) is or may be construed as offensive and/or otherwise objectionable, in our sole opinion.
"Intellectual Property" means all copyright, patents, utility innovations, trademarks and service marks, geographical indications, domain names, layout design rights, registered designs, design rights, database rights, trade or business names, rights protecting trade secrets and confidential information, rights protecting goodwill and reputation, and all other similar or corresponding proprietary rights and all applications for the same, whether presently existing or created in the future, anywhere in the world, whether registered or not, and all benefits, privileges, rights to sue, recover damages and obtain relief or other remedies for any past, current or future infringement, misappropriation or violation of any of the foregoing rights.
3. Terms and Conditions
3.1 You, a Customer, who have an e-mail and/or telephone number, from individuals to corporations, need to sign up for creating Decathlon Account by providing personal data such s an e-mail and/ or telephone number etc. in order to make any purchase (hereinafter referred to "Customer" or "You"):
(1) In all Decathlon Stores located i" the Kingdom of Thailand or
(2) On www.decathlon.co.th (herein referred to the "Website")
By providing such information, You are deemed to accept these Terms and Conditions.
3.2 The Decathlon Account is personal and non-transferrable. Consequently, you are responsible for your account which undertaking to use according to these Terms and Conditions. You are solely liable for any use of your username and password and are the sole guarantor of your confidentiality, and of any use made of his Decathlon Account. As such, you undertake in particular, with limitation to:
(a) to create only one Decathlon Account in your name
(b) to guarantee the accuracy of all information given to Decathlon
(c) to relieve Decathlon of liability in the event of use by unauthorized third party of the benefits acquired by you
(d) to inform Decathlon of any unauthorized of your Decathlon Account and of any breach of the confidentiality and security of your means of identification.
(e) to keep Decathlon updated of any Personal Data changes.
3.3 You must be resident in the Kingdom of Thailand and aged 18 years or over. In case of the age below 18 years old: You must obtain consent from your parent(s) or legal guardian(s), their acceptance of these Terms and Conditions and their agreement to take responsibility for: (i) your actions; (ii) any charges associated with your use of any of the Services or purchase of Products; and (iii) your acceptance and compliance with these Terms and Conditions. If you do not have consent from your parent(s) or legal guardian(s), you must stop using/accessing this Website.
3.4 Restricted activities: You agree and undertake NOT to:
(a) impersonate any person or entity or to falsely state or otherwise misrepresent your affiliation with any person or entity;
(b) use the Website for illegal purposes;
(c) attempt to gain unauthorized access to or otherwise interfere or disrupt other computer systems or networks connected to the Website;
(d) post, promote or transmit through the Website any Prohibited Materials;
(e) interfere with another's utilization and enjoyment of the Website;
(f) use or upload, in any way, any software or material that contains, or which you have reason to suspect that contains, viruses, damaging components, malicious code or harmful components which may impair or corrupt the Website's data or damage or interfere with the operation of another Customer's computer or mobile device or the Website; and
(g) use the Website other than in conformance with the acceptable use policies of any
3.5 Availability of the Website: Decathlon may, from time to time and without giving any reason or prior notice, upgrade, modify, suspend or discontinue the provision of or remove, whether in whole or in part, the Website and shall not be liable if any such upgrade, modification, suspension or removal prevents you from accessing the Website.
3.6 Right to monitor content: Decathlon reserves the right, at its sole discretion, but shall not be obliged to:
(a) monitor, screen or otherwise control any activity, content or material on the Website. Decathlon may, in its sole and absolute discretion, investigate any violation of these Terms and Conditions contained herein and may take any action it deems appropriate;
(b) prevent or restrict access of any Customers to the Website;
(c) report any activity we suspect to be in violation of any applicable law, statute or regulation to the appropriate authorities and to co-operate with such authorities; and/or
(d) to request any information and data from you in connection with your use of the Website and/or access of the Website at any time and to exercise our right under this paragraph if you refuse to divulge such information and/or data or if you provide or if we have reasonable grounds to suspect that you have provided inaccurate, misleading or fraudulent information and/or data.