Terms of use

TERMS OF USE

General terms of use site

QUECHUA.COM 
Version: October 2020

Introduction

These are the terms and conditions of use for https: https://www.quechua.com
Their purpose is to define the Site modalities of use by the User (you, your).
The “use” consists of any operation realized by you since your access to the Site. The Site is operated by Decathlon group as Decathlon SE (we, us and our) and all society held by this one directly or indirectly with a minimum of 10% of the capital or of the voting rights (affiliates and subsidiaries).
We are a European society, registered in FRANCE. Our registered company number is 306 138 900, and our registered office is at 4 boulevard de Mons 59650 Villeneuve d’Ascq. Our VAT registration number is FR51306138900.

Your use of the Site will be subject to these terms and conditions and by using the Site you agree to be bound by them. In addition to these terms and conditions, the following additional terms also apply to your use of the Site and its associated features:
- our General terms of sale, which govern the purchase of the products offered on this Site;
- our Privacy Policy and our Cookies Policy, which govern the use of your personal data submitted to or via the Site;
- our Loyalty terms, which govern your use of our customer loyalty program.

All these terms are accessible on our Site. They can also be printed or downloaded in PDF format from the Site. We reserve the right to change these terms and conditions from time to time by changing them on the Site, but we recognize that applicable terms are ones that appear on the Site when you use it. The term "Use" includes all the operations performed by the Internet user when accessing the Site, including its consultation and regardless of the access device, the type of connection and the place of connection.

1. Access to the site

To use the Site, you shall be of the age of majority or have a parental authorization.
In any case, QUECHUA.COM encourage all who have minor’s responsibility to control the use of the site.
You shall be an individual and use the Site at a normal frequency. This means that you may not use the Site for business purposes or as part of an accessory business. It is your responsibility to ensure that your equipment (computer, laptop, netbook, tablet or other mobile device) meets all the necessary technical specifications to enable you to access and use the Site and is compatible with the Site.
We may, from time to time, restrict access to certain features, parts, or content of the Site or the entire Site, to users who have registered with us. In this case, you must ensure that all registration details you provided are accurate.
You also accept without reserve that your identification is a proof of your identity. If you choose, or you are provided with, a log-on ID (such as a username and password or other identifier) as part of our security procedures, you must treat such information as confidential and must not reveal it to anyone else. You are responsible for all activities that occur under your log-on ID and must notify us immediately of any unauthorized use or other security breach of which you become aware.
We reserve the right to disable any log-on ID or to prohibit the access to the Site, at anytime, if in our opinion you have failed to comply with any of the provisions of these terms and conditions or if any details you provide for the purposes of registering as a user prove to be false.
We remind you that it is forbidden to usurp the identity of a third party, under pain of prosecution.
This change or deletion may be made without prior notice, at any time and at our sole discretion.
We cannot guarantee the continuous, uninterrupted or error-free operability of the Site. There may be times when certain features, parts, or content of the Site, or the entire Site, become unavailable (whether on a scheduled or unscheduled basis) or are modified, suspended or withdrawn by us, in our sole discretion, without notice to you. You agree that we shall not be liable to you or to any third party for any unavailability, modification, suspension or withdrawal of the Site or any features, parts or content of the Site.

2. What you are allow to do

You may only use the Site for non-commercial use and only in accordance with these term sand conditions.
You may retrieve and display content from the Site on a computer screen, print, and copy individual pages and, subject to the next section, store such pages in electronic form. Additional terms may also apply to certain features, parts, or content of the Site and, where they apply, will be displayed on-screen or accessible via a link.

The Site allows you :
- to discover the products and services offered by the Decathlon Group;
- to make purchases online, redirecting to decathlon.co.uk in accordance with the general conditions of sale of the Site and the legislation in force;
- to publish opinions on the items sold by the Decathlon Group;
- to publish photos or videos related to items sold by the Decathlon Group;
- to participate in the various games and contests offered by the Site.

Please note that the list of features is provided for information purposes only. We reserve the right to add or delete, temporarily or permanently, any feature without your prior consent.

3. What you are not allowed to do

You must only use the Site and anything available from the Site for lawful purposes (complying with all applicable laws and regulations), responsibly, and especially not in a way that might damage our name or reputation or that of our affiliates.
You agree to refrain from any unethical behavior or action contrary to sportive ethics, value sand interests of the Decathlon Group.

Except to the extent expressly set out in these term sand conditions, you are notably not allowed to:
- extract, register or exploit any Content of third parties subject to intellectual property rights, or relating to privacy, personal data or image rights;
- extract or collect any personal data of users of the site by any means;
- “scrape” content or store content of the Site on a server or other storage device connected to a network or create an electronic database by systematically downloading and storing all the content of the Site;
- remove or change any content of the Site or attempt to circumvent security or interfere with the proper working of the Site or the servers on which it is hosted;
- create links to the Site from any other websites, without our prior written consent, although you may link from a website that is operated by you provided the link is not misleading or deceptive, and you fairly indicate its destination;

This does not imply that we endorse you, your Site, or any products or services you offer, and you link to (and do not frame or replicate) the homepage of the Site, and the linked website does not contain any content that is unlawful, threatening, abusive, defamatory, pornographic, obscene, vulgar, indecent, offensive or which infringe son the intellectual property rights or other rights of any third party.
- to store, display or publish any illegal, prejudicial, abusive, racist, hateful, revisionist, which may infringe the privacy or the private rights of third parties, in particular the individual right to the image and property, intellectual property rights or the right to privacy belonging to third parties;
- usurp the identity of a third party and/or publish any personal information about it.

All rights granted to you under these terms and conditions will terminate immediately in the event that you are in breach of them.

4. Display of content

4.1 About content published by us Whilst we try to make sure that all information contained on the Site (other than any user-generated content) is correct, it is not intended to amount to authority or advice on which reliance should be placed. You shall check with us or the relevant information source before acting on any such information.
Moreover, we may change the format and content of the Site from time to time. You agree that your use of the Site on an “as is” and “as available” basis is at your sole risk.
We cannot and do not guarantee the accuracy, completeness, currency, correctness, reliability, integrity, quality, fitness for purpose or originality of any content of the Site and, to the fullest extent permitted by law, all implied warranties.
Conditions or other terms of any kind are hereby excluded, and we accept no liability for any loss or damage of any kind incurred as a result of you or anyone else uses the Site or relying on any of its content.
We cannot and do not guarantee that any content of the Site will be free from viruses and/or other code that may have contaminating or destructive elements.
It is your responsibility to implement appropriate IT security safeguards (including antivirus and other security checks)to satisfy your particular requirements as to the safety and reliability of content.

4.2 About content published by you The Site may, from time to time, allows you to upload user-generated content and may also allow you to communicate that content, either in selected recipients or in public areas, such as comments pages, chat rooms, message boards, and/or newsgroups (collectively User Content Areas).
We do not control the material submitted to User Content Areas (collectively User Submissions), nor are User Content Areas actively moderated.
The term “content” means any element deposited by you on the Site, such as text, comment, image, photo, video, or any type of file, whatever its content or form. You are responsible for the content of your User Submissions as submitted by you and acknowledge that all User Submissions express the views of their respective authors, and not our views. You are free to publish, or not, content on the Site. In this case, we would like to draw your attention to the importance to keep all User Submissions relevant to the purpose of the User Content Area and to the nature of any topic and to publish or share content that respects and conforms to the sports label and the values of the Decathlon Group. 

If you participate in any User Content Areas, you must not submit any User Submission that :
- is unlawful, threatening, abusive, libelous, pornographic, obscene, vulgar, indecent, offensive or which infringes on the intellectual property rights or other rights of any third party;
- contains any viruses and/or other code that has contaminating or destructive elements;- contains any form of advertising;
- impersonate, or misrepresent, an affiliation with any person or entity.

You are responsible for anything that may happen on your behalf and from your computer terminal, in particular in the event of content submission on the Site.
You guarantee that you have all the rights and authorizations necessary to submit a content on the Site, in particular under the legislation in force and the IPR’s.
In the event that you have some reason to believe that your log-on ID or your email address is, or may be known, by a person not authorized to use it, you undertake to immediately notify us.
The Site disclaims any responsibility for the use of personal data of a user by an unauthorized third party.

4.3 Removal of content Whilst we do not pre-screen User Submissions, we reserve the right, at our sole discretion, to delete, edit or modify any User Submission submitted by you and/or to close any topic, at any time without any notice to you.
You may also send us a complaint about the content of any User Submission. It must be sent to the address specified on the tab “Contacting us” and must contain details of the specific User Submission giving rise to the complaint.
For instance, concerning a content deposited via the “Photo Sharing” service, the information is the following: name, first name, email address used when the content was deposited, year of filing, title of the content. Any substantiated and legitimate request will be dealt with as soon as possible by us, but we are not able to guarantee an immediate suppression of access to the content.
You acknowledge that we cannot be held liable in this respect, in particular due to the time required to process your request, technical constraints or material impossibility to respond to it, especially if the Content would be taken over by third parties.

5. External links

The Site may, from time to time, include links to external websites, which may include links to third party offers and promotions. We include these to provide you with access to information, products, or services that you may find useful or interesting.
We are not responsible for the content of these websites or for anything provided by them, and do not guarantee that they will be continuously available.
The fact that we include links to such external websites does not imply any endorsement of or association with their operators or promoters.

6. Intellectual property rights

All intellectual property rights in any content of the Site (including text, graphics, software, photographs and other images, videos, sound, trademarks, and logos) and the general structure of the Site are owned by us or our licensors.
Except as expressly set out here, nothing in these terms and conditions gives you any rights in respect of any intellectual property right owned by us or by our licensors, and you acknowledge that you do not acquire any ownership rights by downloading content from the Site.
In the event you print off, copy or store pages from the Site (only as permitted by these terms and conditions), you must ensure that any copyright, trademark and/or other intellectual property right notices contained in the original content are reproduced.
You agree that, by submitting any User Submission, you grant us and our affiliates a perpetual, irrevocable, worldwide, non-exclusive, royalty-free and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Submission (in whole or part) and/or to incorporate it in other works in any form, media or technology, and you waive any moral rights you may have in, or to be identified as the author, of such User Submission. 

You agree that any User Submission:
- shall be used by the Decathlon Group in certain commercial communications;
- shall be transmitted to third parties for product reviewing purposes;
- shall be associated with your name, but that this association shall be not always made;
- become automatically public and freely accessible, in particular on the Internet and other websites and/or blogs and/or webpages of the Decathlon Group including, in particular, the social network pages of the Decathlon Group websites or the Users of the Decathlon Group websites.

7. Liability

If you are a consumer and not a business user, in no event we shall be liable to you for any business losses, and if you are a business user, in no event we shall be liable to you for any indirect or consequential losses, or for any loss of profit, revenue, contract, data, goodwill, or other similar losses, and any liability we shall have for losses you suffer is strictly limited to losses that were reasonably foreseeable.
In general, we shall not, under any circumstances, be held liable to, without this list being limiting :
- any information consulted on the Site that will not be put online by us;
- any use of personal data of a user by an unauthorized third party;
- any malfunction of the network preventing the proper functioning of the Site ;
- any loss of any data
;- any dysfunction of any software;
- any consequence of any computer virus, bug, anomaly, or failure;
- any damage caused to your computer.

8. General

You may not transfer or assign any or all of your rights or obligations under any Contract.
All notices given by you to us must be given in writing to the address set out at the tab “Contacting us”.
We may give notice to you at either the email or postal address you provide to us when placing an order.
These terms and conditions may not modify except with our express written consent.
If we fail to enforce any of our rights, that does not result in a waiver of that right.
If any provision of these terms and conditions is found to be unenforceable, all other provisions shall remain unaffected. Failure to rely at any time on any of the clauses contained herein shall not constitute a waiver of the right to rely on such clauses latter.
These general conditions of use are governed by the English law. In case of dispute which has not been resolved amicably, the competent court will be the place of residence of the defendant.