CGV/CGU
TERMS OF SALES
www.decathlon.mu
ARTICLE 1: SCOPE
These General Conditions of Sale (the " Terms and Conditions ") apply, without restriction or reservation to all sales concluded by ENSPORT LIMITED, a private limited liability company, whose head office is located at Vivéa Business Park, ENL House, Moka, holder of the Business Registration Number C20176716 (the “ Seller mode ”), on the website www.decathlon.mu (the “ Site "), mainly and predominantly with consumers, i.e. natural persons acting for purposes that do not fall within the scope of a commercial, industrial, craft, liberal or agricultural activity (the " Client (s) "), wishing to acquire the products offered for sale by the Seller (the " Product (s) The Customer declares to be of legal age or holder of parental authorization and to have the legal capacity to contract allowing him to place an order on the Site.
The Seller reserves the right to adapt or modify the GCS at any time, the version applicable to the Customer's purchase being that in force on the Site at the time of placing the order on the Site.
The GCS apply to the exclusion of all other conditions, and in particular those applicable to sales in stores or through other distribution and marketing channels.
They are accessible at any time on the Site and will prevail, where applicable, over any other version or any other contradictory document.
ARTICLE 2: IDENTITY OF THE SELLER
The Site is operated by the Seller whose Decathlon store is located at Bagatelle Link Road, Bagatelle Mall, Moka (the " Magazine ").
The Seller's email address is decathlon@ensport.mu and its telephone number is +230 6502400.
The Seller's activity is that of retail sporting goods in specialized stores.
ARTICLE 3: AVAILABILITY OF PRODUCTS
The Seller's Product and price offers are valid as long as they are visible on the Site, except for special operations whose period of validity is specified on the Site.
The Customer is invited to consult the availability of the items sold on the information page of each Product.
In the event of an order for an item that turns out to be unavailable, the Seller reserves the right to cancel the order, subject to notifying the Customer.
In the event of an order for several Products, if one of the Products ultimately turns out to be unavailable, the Seller will then inform the Customer of the impossibility of sending the unavailable item. The rest of the order will be processed and sent to the Customer within the deadlines announced by the information email on his order follow-up. The Customer can also opt for the total cancellation of his order, subject to informing the Seller's customer service beforehand by telephone or e-mail.
ARTICLE 4: ORDER
4.1. Order process
Placing the order is done in several steps:
- the Customer creates or connects to his customer account,
- the Customer fills his basket of Products,
- the Customer chooses his method of payment,
- the Customer submits his request for payment,
- if payment is accepted, the Customer then receives a payment confirmation email and an order confirmation email.
As soon as the order is ready to be shipped, the Seller will send an order shipment email to the Customer.
4.2. Price
The prices displayed by default on the Site are indicated in Mauritian rupees and all charges included applicable in Mauritius.
VAT is applied at the rate in effect at the time the order is placed. The prices of the Products displayed on the Site do not include postage, the price of certain packaging or the price of other optional services, subscribed to by the Customer, which remain extra. These will be brought to the attention of the Customer on the summary screen before final validation of the order.
The offers of Products and services as well as the prices offered for purchase in the Store are not applicable to purchases on the Site and vice versa.
4.3. Means of payment
The Customer can pay for his purchases:
- by credit card (Visa or Mastercard),
- by bank transfer to the following account:
Bank: Mauritius Commercial Bank Limited
Account number: 000448204517
- through the Mauritius Commercial Bank's juice application under the "merchant" section by selecting "DECATHLON BAGATELLE".
The Seller guarantees the security of payment by credit card by using the SSL (Secure Socket Layer) protocol encryption system and by calling on the company MIPS for payment processing.
4.4. Proof of order/payment
Unless proven otherwise, the computer records and those of the Vendor's service providers, kept under reasonable security conditions, will constitute proof of all transactions between the Vendor and the Customer.
In accordance with the regulations, the Seller files orders on a reliable medium. The Customer may access it on the Site in the "My Account" area. In all cases, the Seller recommends that the Customer keep the order confirmation email.
ARTICLE 5: DELIVERY
When ordering on the Site, the Customer can either opt for:
- a withdrawal of the Products from the Store, or
- home delivery.
5.1. Withdrawal in Store "Click & Collect"
By selecting the “Click & Collect” option, the Customer chooses to withdraw the Product ordered from the Store. The withdrawal of the Product can be made within 24 hours from the date of validation of the order on the Site.
The Customer must present himself at the reception of the Store with his identity card and his order confirmation. No additional costs are claimed.
5.2. Home delivery
The Products are only deliverable in Mauritius (excluding Rodrigues) to the delivery address that the Customer has provided on his order.
5.2. Delivery price
A delivery charge of Rs.350 (VAT included) will be applicable on orders not exceeding Rs.2 (VAT included) Any order greater than or equal to Rs.500 (VAT included) will benefit from a free delivery service .
5.3. Delivery delay
Delivery times may vary between 24 and 48 hours from the date of validation of the order on the Site. These deadlines are counted in working days. Home deliveries will be made Monday to Friday between 8 a.m. and 17 p.m. The Customer is informed of the dispatch of his order by e-mail.
5.4. Customer absent during delivery
In the event that the Customer is absent during delivery, the carrier will make a second delivery attempt within 3 working days. If the Customer is again absent during the second delivery attempt, the package will be returned to the Seller. The Seller will then send an email reminder to the Customer to come and collect the package directly from the Store. If the Customer does not pick up the package at the Store within 15 days of the reminder by email, the contract will be automatically terminated and the Customer will be refunded the price of the Products ordered after deduction of the sum of Rs. 500 (representing the costs incurred by the Seller in connection with delivery).
For delivery by appointment (heavy and bulky products), the carrier will contact the Customer directly to agree on a delivery window. In the event of absence from the agreed time slots, the Customer must notify the Seller at least 48 hours before the agreed delivery date. Otherwise, the additional presentations will be invoiced to the Customer by the carrier.
5.5. Delivery note
Upon delivery, the Customer must sign a delivery note confirming receipt of the Product, its conformity and its perfect condition.
ARTICLE 6: RETENTION OF OWNERSHIP
The Seller retains full ownership of the items purchased by the Customer until the latter has fulfilled all of its obligations and in particular until full payment of the price.
ARTICLE 7: REFUND OR EXCHANGE
Upon receipt of his Product, the Customer may exchange or obtain a refund for the Product from the Seller according to the conditions listed below.
7.1 Refund conditions
The Customer holding a customer account has a period of 90 days from the day of receipt of the order to be reimbursed for the Product.
The Customer who does not have a customer account has a period of 30 days from the day of receipt of the order to obtain a refund for the Product.
These reimbursement deadlines mentioned above are not applicable in particular:
- For the purchase of perishable goods, such as foodstuffs;
- For the purchase of supplies of audio or video recordings, computer software, when they have been unsealed by the Customer;
- For the purchase of Products made to the consumer's specifications or clearly personalized.
The Customer must return the Product to the Seller directly in the Store.
In general, all costs and risks related to the return of the Product are the responsibility of the Customer.
Only Products returned complete, in perfect condition and in their original packaging will be accepted. Otherwise, the return will be considered as a non-compliant return and will not be reimbursed by the Seller.
The refund will take place within 15 days of the date of receipt of the Products by the Seller. Reimbursement will be made by bank transfer or directly to the Customer's bank card in the event of payment by bank card.
7.2 Conditions for returns and exchanges
Upon receipt of his Product, the Customer may exchange the Product with the Seller within 90 days.
The return and exchange of the Product is done directly in the Store.
In general, all costs and risks related to the return of the Product are the responsibility of the Customer.
Only Products returned complete, in perfect condition and in their original packaging will be accepted. Otherwise, the return will be considered as a non-compliant return and will not be reimbursed by the Seller.
ARTICLE 8: GUARANTEES
8.1 Commercial warranty
Certain Products sold on the Site may benefit from a commercial guarantee, the duration and applicable conditions of which are mentioned on the Site.
In the event that the item ordered by the Customer is covered by a commercial guarantee, the latter will receive, at the latest at the time of delivery of his order, a document in which the content of the commercial guarantee, its terms and conditions will be specified. of implementation, its possible price, its duration, as well as the name and address of the guarantor.
However, this guarantee will not apply:
- for the replacement of consumables (including but not limited to batteries, cells, display parts, cables) or any part of the Product which needs to be replaced due to normal wear and tear of said Product;
- in the event of a problem caused by negligence, deterioration or improper use of the Product by the Customer. Indeed, the Seller draws the Customer's attention to defects or malfunctions that may only be the result of improper installation or handling of the equipment. In this sense, the Seller invites the Customer to follow the instructions of the troubleshooting guides available on https://support.decathlon.fr/ and performing several tests on the material received;
- for resulting damage:
- the intervention of an unauthorized repairer;
- accidents, cyclones, lightning, fire, burglary, power fluctuation; floods and other natural or man-made phenomena;
- the presence of a foreign body in the Product such as insects, dust or rust.
8.2 Legal guarantee
Independently of any commercial guarantee that may be granted to the Customer, the Seller remains bound by the legal guarantee against hidden defects under the conditions set out in articles 1641 to 1648 of the Mauritian Civil Code.
The Seller thus reminds the Customer that within the framework of the legal guarantee against hidden defects, the latter can choose between:
- the resolution of the sale: return the item and be reimbursed the price of the latter;
- a reduction in the sale price: keep the item and have part of the price refunded, as determined by experts.
Except in the case of a hidden defect as provided for by the Mauritian Civil Code, any Product withdrawn from the point of sale will be considered compliant and in perfect condition once the Customer or his representative has signed the delivery note without making any reservations.
ARTICLE 9: TERMS OF EXERCISE OF GUARANTEES – AFTER-SALES SERVICE
9.1 After-sales service within the framework of the exercise of guarantees
If the Customer's Product proves to be defective during the legal or commercial warranty period or does not comply with the order, the Customer submits an after-sales service request to the Seller.
As part of the warranty, the Customer must bring his Product to the Store.
After the Product has been processed by the Seller, who will check in particular whether the Product can benefit from the legal or commercial guarantee, the Product will be repaired or replaced as standard.
The Seller reserves the right to refuse the execution of certain interventions that it discovers during the work and do not fall within the scope of the guarantee. He will inform the Customer, who will then decide whether or not to validate the quotes relating to the additional repairs.
If the cause of the breakdown falls within the scope of the legal or commercial guarantee, the Product cannot be repaired and cannot be exchanged for an identical or equivalent Product, the Customer will be reimbursed in the form of a credit note or reimbursement. In all cases, the Seller will offer the most appropriate solution (replacement of the defective part, replacement of the item or refund).
In the event of an abnormal or abusive return or if the Customer has not read and applied the instructions in the troubleshooting guides made available on https://support.decathlon.fr/, this return will be considered as a non-compliant return and treated as such.
9.2 After-sales service outside the exercise of warranties
The after-sales service provided by the Seller which does not fall within the scope of the commercial guarantee and the legal guarantees is chargeable.
The Customer must return his Product to the Store. The Seller must draw up an estimate for the work to be carried out and seek the Customer's prior agreement before intervention.
After-sales service services out of warranty are paid directly and exclusively by the Customer to the Seller.
9.3 Product support process by the after-sales service (under warranty and out of warranty)
The Vendor will establish the first necessary tests in order to establish a diagnosis of the equipment. In the event that he fails to establish the diagnosis immediately, he has 72 hours to establish it and inform the Customer.
The Seller will provide the Customer with a document for taking charge of his equipment, mentioning in particular the condition of the latter, the specifications of the repair to be carried out if the diagnosis could be established immediately and the intervention times.
This document must be signed by both parties.
If during the work undertaken after the Customer's agreement, repairs and supplies other than those provided for prove necessary, the Seller undertakes not to carry out any operation not provided for without having first drawn up an additional estimate and obtained the new agreement. client.
The Customer, notified by email of the availability of his repaired Product, must withdraw it within 15 days of the notice of availability and pay the balance or the price of the intervention to the Seller.
After this period, the Seller shall be entitled to charge the Customer custody and preservation costs in the amount of Rs. 250 per day of delay per Product not withdrawn and shall freely dispose of the Product. The deposit as well as the costs of the estimate will remain acquired by the Seller, without prejudice to the exercise of its other rights against the defaulting Customer.
ARTICLE 10 - RESPONSIBILITY
The Seller's liability is limited exclusively to any direct damages and cannot in any case be engaged in the event of indirect damages such as, among others, loss of profit, commercial loss, loss of data, deficits or any other form indirect damage that was not foreseeable at the time the Customer consulted the Site or concluded a distance purchase.
The Seller cannot be held liable for damage inherent in the use of the Internet (cuts, viruses, etc.).
The Seller can only be held liable for damage resulting from its own intentional fault or gross negligence or from the intentional fault or gross fault of its employees.
When the Seller has delivered a defective product causing damage to the Customer, its obligation to pay compensation to the Customer is limited to the equivalent of the replacement price (value) of this defective product, regardless of the extent of the damage that caused the defective delivery to the Customer. The Seller can in no way be held liable for damage that goes beyond what is provided for in this paragraph.
No other damage is payable by the Seller, both with regard to the damage suffered by the Customer and that suffered by a third party.
The limitations of liability mentioned above do not apply when they are contrary to mandatory legal provisions or public order.
The Seller cannot under any circumstances be held liable for damage resulting from Force Majeure or from a cause beyond their control.
The Seller's exclusions of liability provided for in the preceding paragraphs also apply to the liability of their staff, their collaborators, their agents, their consultants, their representatives, their substitutes, their suppliers and their deliverers. .
ARTICLE 11: PROTECTION OF PERSONAL DATA
The data concerning the Customer, which may be requested during the sale, are mandatory; otherwise the sale cannot be concluded. These data are processed by the Seller, responsible for processing, and intended for the management of the commercial relationship (quote, invoicing, withdrawal, complaint, management of customer accounts, satisfaction survey, opinion on products/services, etc.).
Subject to obtaining the prior and express consent of the Customer, this data may also be used to carry out commercial prospecting actions on the part of the Seller.
The following may be recipients of the Customer's personal data: the Seller's authorized personnel, the authorized personnel and services of DECATHLON France SAS as well as the authorized personnel of service providers that the Seller may call upon for the performance of the contract. In this case, a contract is signed with the service provider. This contract defines the object and duration of the processing carried out by the service provider, the nature and purpose of the processing, the type of personal data processed and the categories of persons concerned, as well as the obligations and rights of the Seller and the service provider. , in accordance with the regulations in force.
The Seller retains the Customer's data for the duration of the contractual relationship. The Customer's data may also be processed and stored by the Seller for the management of commercial activities, including those relating to commercial prospecting, if there is a legal basis for this. After the execution of the contract, the Customer's data may also be kept in intermediate archiving, to meet accounting or tax obligations or for evidentiary purposes in the event of litigation, within the limit of the applicable limitation period.
In accordance with the regulations in force, the Customer may access his data or request their deletion. The Customer also has a right of opposition, a right of rectification, a right to limit the processing of his data, a right to the portability of his data as well as the right to define directives relating to the fate of his personal data after his death.
Regarding the use of the Customer's data by the Seller for commercial prospecting purposes, the Customer has the right to withdraw his consent at any time. When the Seller contacts the Customer, the Seller undertakes to always offer the Customer a simple means of opposing the receipt of new solicitations.
To exercise his rights or for any question about the processing of his data, the Customer may contact the Seller's data protection officer (DPO):
- electronically: dataprotectionofficer@enl.mu or
- by post: ENL House, Vivea Business Park, Moka, Mauritius.
ARTICLE 12: MEANS OF CONTACTING US
For any question, information or complaint, the Seller's Customer Service is available to the Customer:
- By phone at: +230 6502400
- By email: decathlon@ensport.mu
- By post to the following address: Bagatelle Link Road, Bagatelle Mall, Moka
ARTICLE 13: APPLICABLE LAW / DISPUTE
13.1 applicable law
These GCS as well as the contractual relations between the Seller and the Customer resulting from their application are subject to Mauritian law.
13.2 Dispute
In the event of a dispute, the Customer will first contact the Seller's Customer Service in order to resolve it amicably.
In the absence of an amicable agreement between the Seller and the Customer, the dispute will be subject to the exclusive jurisdiction of the Mauritian courts.
In the event that a provision of the GCS proves to be illegal, void, invalid or unenforceable, this will not affect the legality and validity of the remaining provisions.
CONDITIONS GENERAL USE
1. PREAMBLE
These conditions of use are concluded between any Internet user of the website (hereinafter referred to as "the User") and the "Decathlon.mu" site, operated by the company Ensport Limited, a franchise of Decathlon, registered with the Registrar of Companies' of Mauritius, under number C176716, holder of a "Business Registration Card" bearing number C20176716, and whose registered office is located at ENL House, Vivéa Business Park, Mauritius; hereinafter referred to as "the Site" or "Decathlon.mu".
Ensport Limited is part of the “DECATHLON NETWORK”. This designates the company DECATHLON SA, its franchisees as well as all the companies held by the company DECATHLON SA, directly or indirectly, up to a minimum of 10% of the capital or voting rights (hereinafter referred to as "DECATHLON Subsidiaries"). or “DECATHLON NETWORK Companies”).
The “Decathlon.mu” website designates the website accessible mainly from the URL https://www.decathlon.mu and allowing Users to benefit from the functionalities described in article 2. Decathlon.mu restricts the use of its Site only to Users who are private individuals and who use it at a normal frequency. The misuse or access of the Site is strictly prohibited for any natural or legal person using the Site for professional purposes or in the context of an ancillary professional activity.
For the purposes hereof, the term "Use" includes all the operations carried out by the Internet user upon access to the Site, including its simple consultation, regardless of the access device (in particular, computer, tablet and Smartphone), the type of connection (private connection, third party connection or public Wi-Fi) and the place of connection (from Mauritius or abroad).
The use of the Site implies the unconditional acceptance of these general conditions by the User. These terms may be subject to change. Therefore, it is understood that the applicable conditions are those in force on the Site at the time of its use.
2 - FEATURES OFFERED BY THE SITE
Depending on the functionalities that would be available, the Site allows the User:
- - To discover the articles and services offered by the companies of the DECATHLON NETWORK;
- - To register for sports activities organized by the DECATHLON NETWORK (subject to acceptance of the Conditions of Participation)
The list of features is provided for reference only. The Site reserves the right to add or remove, temporarily or permanently, without the User's consent.
3 - CONDITIONS OF USE OF THE SITE
3.1 The Site is reserved for adults who are private individuals as well as minors with parental consent. In any case, Decathlon.mu encourages anyone responsible for a minor to monitor the latter's use of the Site.
3.2 Access to certain services offered by the Site may be subject to the creation of an Account requiring the communication, by the User, of information allowing his identification. The User undertakes to transmit exact and complete data on his identity and refrains from usurping the identity of any third party. Otherwise, the Site reserves the right not to confirm, suspend or delete the account.
3.3 the User agrees not to develop, support or use any software, devices, scripts, robots or any other means or processes (including web crawlers, browser plug-ins and add-ons , or any other technology) to web scrape Content or otherwise copy profiles and other data from the Site
4 - DEPOSIT OF CONTENT ON THE SITE
4.1 In order to promote interaction between Users, Decathlon.mu offers them various services and permanent modules for the deposit of content on its Site – in particular via the “Photo Sharing” module. For the purposes hereof, "Content" is defined as any element posted by the User on the Site, such as text, comment, image, photo, video, or any type of file regardless of the content or form.
4.2 The User is responsible for anything that may occur in his name and from his computer terminal. The User agrees to immediately notify the Site, in the event that he has reason to believe that his username or email address is, or may be, known by a person not authorized to use it. The Site declines all responsibility in the event of the use of a User's personal data by an unauthorized third party.
4.3 The Site may only be used for personal and non-commercial purposes. The User may not under any circumstances communicate commercial information or carry out any trade on the Site, in any form whatsoever and for any reason whatsoever.
5 - BEHAVIOR ON THE SITE
In particular, the User is prohibited from:
- - Commit any illegal act;
- - Extract or collect personal data from users of the Site by any means;
- - Extract, record or use, for purposes other than the sole display when browsing this Site, the content of third parties subject to intellectual property rights, relating to privacy, personal data or image rights;
- - Store, distribute or publish any content that is illegal, harmful, abusive, racist, inciting hatred, revisionist, contrary to morality, infringing privacy or infringing the private rights of third parties, in particular image rights persons and property, the right to intellectual property or the right to respect for private life.
- - Store, disseminate or publish, any information allowing to reveal, directly or indirectly, his political, philosophical or religious opinions, his union membership, his state of health or his sexual orientation;
- - Submit content on behalf of a third party;
- - Impersonate a third party and/or publish any personal information of a third party;
- - Store, distribute or publish any content that may harm, directly or indirectly, the interests of the DECATHLON Network.
In general, the User undertakes to refrain from any behavior contrary to sporting ethics or to the values and interests of the DECATHLON Network.
6 - INTELLECTUAL PROPERTY
6.1 Content published by the Site
The Content on the Site is subject to property rights and protected under intellectual property, including copyright, designs and models, trademarks, domain names, patents, know-how, software or databases. The DECATHLON NETWORK and its partners remain the owners of all of this Content and associated rights.
On this Content, the DECATHLON NETWORK grants Users a limited, non-exclusive, revocable license, without the right to sub-license for simple access, navigation and use related to the Site. This license does not grant Users any other right, in particular any right to commercial exploitation of this Content.
6.2 Content posted by Users
All Content (including text, comments, files, images, photos, videos, works, etc.), possibly subject to property rights, intellectual property, image rights or other private rights remain the property of the 'User, subject to the limited rights granted by the license defined below to the DECATHLON NETWORK or the application, on a case-by-case basis, of other special conditions previously accepted for specific services potentially available on the sites of the DECATHLON NETWORK. Users are free to publish or not such Content on the Site, in particular via the “Photo Sharing” service and accept that this Content becomes public and freely accessible, in particular on the Internet. They acknowledge, undertake and guarantee that they have all the rights and authorizations necessary for such publication on the Site, in particular under the legislation in force and the rights to respect for privacy, property, property intellectual property, likeness, contracts or of any other nature. By such publication on the Site, Users are aware of engaging their responsibility as publisher of the Content within the meaning of the law, and grant the said Content, for the entire duration of publication, to the DECATHLON Network, a license non-exclusive, free, worldwide, including the rights of reproduction, representation, loading, display, execution, transmission, storage, as well as sublicense, in particular to its subsidiaries, technical partners and other Users of the site.
Users also authorize that their name may be associated with the Content and accept that this association is not always made. By posting, Users authorize that Content may become automatically accessible on the internet, in particular on other sites and/or blogs and/or web pages of the DECATHLON Network, including in particular the pages of the DECATHLON social networks or of Users of the DECATHLON sites. may share certain content. Users can ask DECATHLON to stop their publication in compliance with the terms set out in Article 8 of these terms of use.
By posting a review or comment on the "DECATHLON Review Service", the User acknowledges that this review becomes public and grants the companies of the DECATHLON Network and their duly authorized partners the right to use, store, publish, translate, to create derivative works, to exploit, distribute and display the content, in whole or in part, of the opinion and/or comment, within the framework of the possible protection under intellectual property rights from which they could benefit, and to use the surname and/or first name provided with the opinion or comment for all purposes, in particular commercial and advertising, on all media, in particular internet, emailing (paper and/or online), display, signage, point-of-sale advertisements, leaflets, advertising, magazines, television and radio media and similar media, worldwide for a period of 10 years.
7 - RESPONSIBILITY
7.1 Responsibility of decathlon.mu
7.1.1 Consultation and use of the Site is the responsibility of the User. The Site may host links to third-party sites. By clicking on these links, the User acknowledges that Decathlon.mu cannot guarantee their content, and therefore accepts to access them at their own risk. Consequently, Decathlon.mu cannot be held liable for any damage resulting from access to and/or use of the Site and the information it contains. The User is also informed that Decathlon.mu may temporarily interrupt access to the Site for technical reasons, in particular for maintenance reasons. The User accepts these interruptions and waives any claim in this regard. The use of the Site by the User implies knowledge and acceptance of the characteristics and limits of the technologies inherent to the Internet, in particular with regard to response times to consult or query the server hosting the Site, technical performance, the risks of interruption and, more generally, any risk incurred during the transmission of data.
Consequently, Decathlon.mu and, more generally, the DECATHLON NETWORK cannot under any circumstances be held responsible, without this list being exhaustive:
- - Any information consulted on the Site that is not put online by Decathlon.mu
- - Any malfunction of the network preventing the proper functioning of the Site
- - Loss of any data
- - The malfunction of any software
- - The consequences of any computer virus, bug, anomaly or failure
- - Any damage caused to the User's computer.
7.1.2 Decathlon.mu's activity is limited to connecting Users and hosting the content published by them. As host, Decathlon.mu cannot be held liable for the activities or content stored on its Site. The Site may therefore delete any illegal or manifestly illegal content without prior warning or notice. Consequently, Decathlon.mu is not required to exercise a priori control over the quality, safety, veracity or legality of the Content submitted by Users.
7.2 User responsibility
7.2.1 By using the Site, the User agrees to release the DECATHLON NETWORK from liability and to guarantee it against any damage, costs and expenses, direct and indirect, arising from:
- - Any claim by a third party concerning any content posted in its name, in particular for violation of rights on the content published by the User on the Site or press offenses in connection with the elements sent or published on the Site;
- - Any activity relating to participation on the Site contrary to these general conditions, including for fraudulent purposes;
- - Violation of these Terms of Use of the Site.
7.2.2 Decatlhlon.mu wishes to make its Users aware of the publication of Content, such as shots or other photos of Users.
Decathlon.mu draws the attention of its Users to the need to publish or share photographs, images or videos that respect and comply with sports ethics and the values of the DECATHLON NETWORK. Any non-compliant Content will be systematically removed from the Site.
8 - DELETION OF CONTENT SUBMITTED BY USERS
8.1 Decathlon.mu may terminate any registration and/or delete any profile and/or any content and/or any information published on the Site and/or prohibit the use and/or access to the Site, upon knowledge of non-compliance by the User of these general conditions of use or for technical reasons. This modification or deletion may be made without notice, without notification or prior warning, at any time and at the sole discretion of Decathlon.mu.
Via the “Report Abuse” procedure, each User may inform the Site, by attaching all the details necessary to process their request, that Content is presumed to be published in violation of these terms of use.
8.2 The User also has the option of deleting the Content posted on the Site. To do this, he must send us on decathlon@ensport.mu a request to remove the Content. This request must imperatively be accompanied by information allowing the identification of said content. For content posted via the “Photo Sharing” service, the information required for deletion is as follows: surname, first name, email address used when filing the content, year of filing, title of the content.
Any well-founded and legitimate request will be processed as soon as possible by Decathlon.mu without the latter being able to guarantee immediate deletion of access to the content, the User acknowledges that Decathlon.mu cannot incur any liability in this regard, in particular because of the time required to process his request, technical constraint or material impossibility to respond to it, in particular in the event that the Content has been taken over by third parties.
9 – ENTIRETY
If one or more stipulations of the general conditions of use are declared null or void by application of a law, a regulation or following a final judicial or administrative decision, the other stipulations will retain their force and scope. Decathlon.mu will make its best efforts to proceed as soon as possible with its replacement by a valid stipulation and of a scope closest to the spirit of the present. The fact that one of the parties has not demanded the application of any clause of these conditions, permanently or temporarily, can in no way be considered as a waiver of the said clause.
10 - APPLICABLE LAW / DISPUTES
These general conditions of use are governed by Mauritian law.