Sport Advisor

GENERAL TERMS AND CONDITIONS OF SALE FOR THE GIFT CARD



You have 14 days to exercise your right of withdrawal.

Introduction
These terms and conditions of sale (“T&Cs”) are agreed upon exclusively between:
The company Decathlon Malta, registered in Malta with its registered office at It-Tigrija, Hal-Qormi, MRS2912, company number OC1200, VAT number MT25289329 (hereinafter referred to as "DECATHLON");
and
any natural person domiciled in one of the delivery countries referred to in Article 4 (hereinafter referred to as the "Customer"), acting for their own personal needs and making a purchase from the DECATHLON website being [-] (hereinafter the "Site").
Individually referred to as "Party" and collectively as the "Parties".

The term "Gift Card(s)" in these T&Cs refers to all digital Gift Cards sold by DECATHLON.
The Customer declares that they have the legal capacity to contract, allowing them to place an order on the Site. It is specified that the products sold by DECATHLON are intended exclusively for the Customer or the person to whom they wish to gift them to (the “Recipient”). The Customer undertakes not to resell any of the purchased products.
The Parties agree that their mutual relationship shall be governed exclusively by these T&Cs, and to this end, the Customer accepts them in their entirety without reservation. These T&Cs are subject to change from time to time, with the understanding that the applicable conditions are those in place at the time of purchase of the Gift Card.
The updated date of these T&Cs, which cancels and replaces previous versions, constitutes the effective date.

The Gift Card is a purchase voucher that allows its holder (the Customer or Recipient) to pay for purchases, in one or more installments, as applicable, supplementing where necessary with another means of payment.

Gift Cards may be used in stores of the branches of the DECATHLON MALTA group within Malta. Any gift cards purchased from a country other than Malta, shall be valid only in that country of purchase, and may not be used in Malta.

For use of the Gift Card on the Site, it will be necessary to enter the number and the code located under the scratch-off film on the back of the Gift Card. It is understood that the Customer and/or Recipient, may use their Gift Card to make purchases only for products sold by Decathlon Malta.

The Gift Cards are sold only to natural persons and are of a variable amount, determined by the Customer, ranging between ten euros (€10) and five hundred euros (€500), with the possibility of amounts with a maximum of two (2) decimal places (e.g., €25.20); the amounts are indicated VAT included. It is possible to purchase a maximum of 3 digital Gift Cards within 24 hours with the same payment method. The Customer may also use up to a maximum of 9 Gift Cards to make purchases of products sold by Decathlon on the Site.

The validity period of a Gift Card is twenty-four (24) months from its activation. The Gift Cards are immediately active upon the date of purchase. At the end of the validity period, Gift Cards that have not been used or have only been partially used, cannot be replaced or reactivated, and therefore any remaining balance will be lost. Payment by Gift Card can be made until the balance is exhausted or until the end of the validity period. Under no circumstances can Gift Cards, even if partially used, be exchanged for cash. Information on the card balance and the validity date can be consulted online.

a. Creation of a Customer Account
To place an order for the first time on the Site, it is essential for a Customer to have an account (the “Customer Account”). The Customer Account is easily created by filling out an online form dedicated for such purposes, and providing some mandatory identification information, in particular: Customer's surname - Customer's name - Customer's e-mail address - Customer's address - Customer's date of birth.

b. Placing the Gift Card order on the Site
The order is placed according to the instructions provided on the Site. The Customer undertakes to fill in the mandatory fields (marked with an *), otherwise, the order cannot be registered. The placing of the order takes place in several stages:
- the Customer fills in the mandatory fields to create the order;
- the Customer chooses the payment method;
- the Customer sends a payment request;
- the Customer receives an e-mail recording their order;
- finally, the Customer receives an e-mail validating their order.

The order validation e-mail constitutes acceptance by DECATHLON of the Customer 's order and therefore forms a sales contract between the Parties. The Customer undertakes to provide truthful information; otherwise, DECATHLON reserves the right to refuse the sale. In the event of any incident preventing the processing of the Customer's order, the order is canceled, and the payment is voided and/or refunded. The refund is made to the same payment source used by the Customer at the time of purchase. Confirmation of the refund is sent by e-mail to the Customer’s e-mail address. The Customer acknowledges that orders placed on our Site cannot be canceled, without prejudice to the right of withdrawal referred to in Art. 5 below.

It is the Customer's responsibility to ensure that the contact details they provided when ordering are correct and that they allow DECATHLON to receive the order and the Customer to receive the order confirmation; DECATHLON declines all responsibility in the event of an error by the Customer. The online entry of a credit card number and the validation of the order are considered proof of the completeness of the order and the deadline for the payment of the sums concerned.

c. Proof of order/payment
In accordance with the Data Protection Act (Chapter 586 of the Laws of Malta) and the General Data Protection Regulation (EU Reg. 2016/679) on the protection of personal data, our computer records and those of our service providers, kept under reasonable security conditions, will constitute proof of all transactions, communications and orders between DECATHLON and the Customer, without prejudice to the Customer’s right to contest or provide contrary evidence. The Customer can access them on the Site in the "My account" area. It is within the Customer’s best interest to store safely the order confirmation e-mail and the related invoice.

The Customer can pay for the Gift Card by debit card, Visa, and Mastercard credit card. The prices indicated by default on the Site are expressed in euros and include all taxes and duties. Gift Cards are electronic products, and therefore not subject to VAT when purchases using the Gift Card are then made. The prices of our offers are valid as long as they are visible on the Site. In case of special campaigns, the validity period will be specified on the Site. The invoice is made out to the Customer (name, address) and is issued at the time of order validation. Payment by Gift Card is not allowed for the purchase of new Gift Cards. All orders must be paid in euros. DECATHLON also reserves the right to reject an order if there is an ongoing previous dispute in relation to payment relating to a specific Customer or if an unusually high level of orders from one Customer objectively suggests a case of fraud.

After purchase, the Gift Card is sent by e-mail to the Customer or the Recipient; the Customer chooses the date and time for sending the order to the selected e-mail address. The e-mail containing the Gift Card will be considered received by the Customer or Recipient after it has been sent. The Customer and Recipient are responsible for their own e-mail boxes and the people who have access to them. DECATHLON cannot under any circumstances be held responsible in the event of use of the Gift Card by a person other than the Customer or Recipient.

Conditions of the right of withdrawal: In accordance with the applicable Decathlon Policy, the Customer has a period of 14 days to exercise the right of withdrawal from the date of purchase of the Gift Card, without the need to provide a reason. However, this right cannot be exercised if the Gift Card has been partially or totally used by the Customer, by the Recipient or by any other person in possession of the Gift Card.

Methods of exercising the right of withdrawal: A Customer wishing to exercise the right of withdrawal within the aforementioned 14 days may do so by:
- contacting Customer Service, in the manner specified in Art. 11 below; or
- sending an email to customer service.

Upon valid exercise of the right of withdrawal, DECATHLON will deactivate the Gift Card and refund the corresponding amount to the Customer using the same payment method used during the original purchase.

Personalized Gift Card: Even if the order concerns a personalized gift card, the Customer may still be entitled to exercise the right of withdrawal within 14-days from the date of purchase, subject to the conditions set out in this Article 5.

DECATHLON offers Customers the possibility to personalize Gift Cards free of charge. The Customer shall ensure that any image, text or other content proposed, must in no case be contrary to morality, infringe human dignity and the values upheld by DECATHLON, prejudice the protection of minors, or otherwise breach any applicable law or regulation. The Customer undertakes not to submit or reproduce any content that is vulgar, defamatory, offensive, obscene, racist, pornographic, or illegal nature, or content inciting the consumption of alcohol or tobacco.

The Customer also undertakes not to reproduce content:
- having a political, trade union, or religious connotation;
- directed against any person, including public figures; or
- incorporating third-party company logos and names, or other protected intellectual property rights.

Failure to comply with these obligations may give rise to liability on the part of the Customer. The Customer warrants that it holds all intellectual property rights and necessary authorizations for the requested personalization. In the event of any claim, action or legal proceedings arising from or in connection with counterfeiting, violation of privacy, infringement of intellectual property rights, etc., the Customer agrees to fully indemnify and hold DECATHLON harmless against any liability, losses, damages, costs and expenses incurred.

The Customer undertakes to inform the Recipient of its expiration date and conditions of use. DECATHLON shall not be held responsible for any use subsequent to this date and/or for any use that does not comply with these T&Cs.

Gift Cards are non-refundable, without prejudice to the Customer’s right of withdrawal under Article 5. In the event of loss, theft, or destruction, the Gift Card can be blocked for the remaining amount after verification by Decathlon. Requests for blocking a Gift Card must be submitted to DECATHLON Customer Service by indicating the order number (e.g., MTXXXXXXXXXX) present in the "Purchases" section of the Account. Following this procedure, the Gift Card can only be used after its reactivation by Customer Service. Any reactivation of expired Gift Cards is expressly excluded.

The resale of Gift Cards, in any form and means, is strictly prohibited under Decathlon’s commercial policy. Any breach of this prohibition may trigger legal actions by DECATHLON for compensation for the damage suffered.

The Gift Cards sold remain the full and complete property of DECATHLON until their full payment has been processed. Following payment, all risks are transferred to the Customer or the Recipient (if different).

For any questions or difficulties regarding a purchase or use of a Gift Card, Customers may contact Customer Service or access the "My account" section on the Site.

The processing of personal data shall be governed by DECATHLON’s Privacy Policy, which is available on the Site.

These T&Cs constitute the entire agreement between the parties in relation to the purchase and use of Gift Cards. The failure by Decathlon to invoke any provision of these T&Cs at any given time shall not constitute a waiver of the right to subsequently enforce such provision.

Should any provision of these T&Cs be found to be invalid, unlawful, or unenforceable, the remaining provisions shall remain valid and enforceable to the fullest extent permitted by law.

These T&Cs shall be governed and construed in accordance with Maltese law. Any dispute arising out of or in connection with these T&Cs which cannot be resolved amicably, shall fall within the exclusive jurisdiction of the Maltese courts and Tribunals.