Terms of Sale
Effective as of April 27, 2016
These Terms of Sale apply to your purchases from the Website easybreath.decathlon.com (‘Website”) for delivery in the United States. The Website is operated by DECATHLON INTERNET SALES (“we”, “us” or “our”).
You should read these Terms of Sale carefully before purchasing anything from the Website.
Ability to Enter into a Contract
You confirm that you either are more than 18 years of age, or possess legal guardian consent, and that you have the legal capacity to enter into a contract and place an order for a product on the Website.
Decathlon reserves the right to modify, or add to these Terms of Sale at any time in its sole discretion. Any changes to the Terms of Sale will be effective for all orders placed after the change is posted on the Website.
The products, services, descriptions, prices, and other information displayed on this Website may be modified at any time without prior notice.
Decathlon uses reasonable efforts to ensure that product and/or service descriptions are accurate and complete. However, dimensions, colors, weights, measures, and other descriptions are approximate and provided only for reference purposes.
While we have taken reasonable steps to depict products as accurately as possible through the photographs and other images featured on the Website, the detailing (such as color, pattern and texture, etc.) you see on-screen will depend on your monitor and, as such, may not exactly reflect the actual detailing of a product when you receive it.
For these reasons, we cannot warrant that any product or service description, price or other specifications on the Website will be accurate, complete, current or without error at all times.
It is possible that a product displayed on the Website may have been discontinued, or be out-of-stock. Thus, Decathlon cannot warrant that all displayed products will be available at all times.
If there is any error in the products, services, descriptions, prices, availability, and other information provided to you on the Website, we will try to resolve this error as soon is reasonably possible.
California Proposition 65 Disclosure
Some of the products available from this Website may contain traces of certain chemicals regulated by the State of California and for which the State of California requires that a disclosure be made to the purchaser. As a result, the following disclaimer is incorporated in these Terms of Sale.
WARNING: This product contains chemicals known to the State of California to cause cancer, birth defects, or other reproductive harm.
Ordering; Fulfillment and Availability
Products may be ordered by clicking on the items you wish to purchase and then following the prompts that will appear on-screen. You may check and correct any input errors in your order up until the point at which you submit your order to Decathlon by clicking the "Buy Now" button on the checkout page.
By clicking on the "Buy Now" button, you enter into an obligation to pay for the product if we accept your order.
After placing an order, you will receive an email from us acknowledging that we have received your order and giving you an order reference number. This does not mean that your order has been accepted. Your order constitutes an offer to us to buy a product. All orders are subject to acceptance by Decathlon. We are not obliged to accept your order and may, in our discretion, decline to accept any order.
If we accept your order, we will confirm such acceptance by sending you an email (“Order Confirmation”). The contract between you and Decathlon in relation to the products ordered (“Contract”) will only be formed when we send you the Order Confirmation. We will send you an email confirming when the product has been dispatched.
The Contract will relate only to those products list in the Order Confirmation. We will not be obliged to supply any other products that may have been part of your order until the acceptance of such orders has been confirmed in a separate Order Confirmation. Our product and service offers apply for as long as they remain visible on our Website, except when special offers are available, in which case the term of validity of those offers will be stipulated on the Website.
You should check the availability of items on the relevant product information page.
If a product ordered is not available, Decathlon reserves the right to cancel the order, in which case you will be notified accordingly. The rest of the order will be processed and dispatched to you within the time frame indicated on the Website. We may also offer to replace the unavailable item with a similar product of similar quality with your prior agreement. If, after we have shipped a substitute product you are not satisfied with the substitute product, you can elect to cancel the order and return the substitute product. However, in this case, you will be required to pay the return postage costs.
Decathlon reserves the right, without prior notice, to limit the order quantity on any product or service and/or to refuse to provide a service in its sole discretion.
All product prices listed on the Website are in US dollars. All product prices are subject to change at any time. The product prices do not include any shipping and handling charges or applicable taxes.
Our Website contains a large number of products and despite our best efforts, some of the products listed may be incorrectly priced. We will normally verify prices, as part of our dispatch procedures so that, where a product’s correct price is less than our stated price, we will charge you the lower amount. If a product’s correct price is higher than the price stated on the Website, we will contact you for instructions before dispatching the product. If we are unable to contact you using the contact details that you provided once you placed your order, we will treat the order as cancelled, and will notify your of such cancellation by email.
Payment for all orders must be made by credit or debit card, via PayPal on the checkout page. We accept payment by most major credit and debit cards. We will charge your credit or debit card the full payment as soon as we pick the first item of your order in the warehouse. If we unfortunately notice a lack of availability of one of the products, we will advise you immediately and you will be able to choose between the cancellation of the whole order or a partial refund.
Please note that in the payment transaction process, we ask the card issuer to reserve the amount of any order before we pick the first item. It means that even if you order one item, it may still appear that you were charged for it, but as soon as we inform the card issuer that the order has been cancelled, the funds will be released straight back to you.
You should be aware that online payment transactions are subject to validation checks by your card issuer. Decathlon is not responsible if your card issuer declines to authorize payment for any reason. Your card issuer may charge you an online handling fee or processing fee. Decathlon is not responsible for this.
Payment Card Processing
All purchases made through a payment card (e.g. credit card, debit card) are processed by a third party. We are not responsible for any error or other incident caused by or attributed to this payment card processor.
You are responsible for the payment of any taxes applicable to the sale and/or delivery of the product. These taxes will be calculated and communicated to you at the time you place an order, and are charged at the same as the purchase price of a product.
Shipping and Delivery
The costs of shipping and delivery will depend on the shipping options that you select and the shipping address you enter, and will be indicated at the time you place your order.
You acknowledge that all scheduled shipment dates are estimates only. Decathlon will make reasonable efforts to meet the scheduled shipment dates, but in no event will we be liable for any loss, damage, or penalty resulting from any delay in shipment or delivery.
Title and risk of loss pass to you upon delivery of the products by Decathlon to the courier/carrier.
Incorrect Delivery Address: You must provide a complete and correct address for delivery. Decathlon may chargeyouanyextrashippingcostto offset the expenses incurred by multiple attempted deliveries and/ or re-routing due to a defective address.
There are no cancellations after an order is placed. However, if you want to return a product after the order is placed, please follow our Return and Refund Policy, which is incorporated into these Terms of Sale by this reference.
Return and Refund
Our Return and Refund Policy is incorporated into these Terms of Sale by this reference.
Limited Product Warranty
Our Limited Product Warranty, as detailed in our Warranty Policy is incorporated into these Terms of Sale by this reference.
Purchases made through the Website are intended for end users only and are not authorized for resale other than as second hand, used equipment. In case, you decide to resale the product to another person, the Warranty Policy won’t be applicable.
How to Contact Us
You can submit any questions you have about these Terms of Sale or about a product or an order you have placed by email at: firstname.lastname@example.org