GENERAL CONDITIONS FOR THE BOOKING OF SPORTS EQUIPMENT RENTALS
Diese Allgemeinen Geschäftsbedingungen für die Buchung einer Mietsportausrüstung (nachstehend „Allgemeine Bedingungen“ genannt) werden ausschließlich zwischen der Gesellschaft DECATHLON ITALIA S.r.l. Einpersonengesellschaft mit Rechtssitz in Viale Valassina, 268 - 20851 Lissone (MB), VWV MB-1370021, UID 1005760159 (nachstehend „DECATHLON“ genannt) und jeder Person vereinbart, die die Buchung einer Mietsportausrüstung online auf der Website rent.decathlon.it vornimmt, nachstehend „KUNDE“ genannt. Diese Bedingungen können geändert werden, und das Datum ihrer Veröffentlichung auf der Website gilt als das Datum ihres Inkrafttretens.
Die vorliegenden Allgemeinen Bedingungen regeln die Kaufgeschäfte, die auf der Website rent.decathlon.it (nachstehend "Website" genannt) entsprechend den Bestimmungen von Teil III, Titel III, Kapitel I, des Verbraucherschutzgesetzes GvD.Nr. 206/2005, geändert durch DvG. Nr. 21/2014 und GvD. 70/2003 über den elektronischen Handel, vorgenommen werden.
1ARTICLE 1 - OBJECT OF THE AGREEMENT
By these General Conditions, DECATHLON remotely sells and the CLIENT remotely purchases the booking of sports equipment rental (such sports equipment being herein referred to as “Equipment”), as indicated and described on the Website. The agreement is concluded exclusively via the Internet, by the CLIENT’s access to the Website, and the creation of a booking order for the rental of sports equipment (hereinafter referred to as “Booking”), in line with the procedure provided for on the Website.
The Equipment booked on the Website shall be rented and collected exclusively from Decathlon stores and/or any facilities that have an agreement in place with Decathlon (hereinafter simply referred to as “Partner”), which are listed on the Website.
Before confirming their order, the CLIENT undertakes to read these General Conditions, and particularly all the pre-contractual information provided by DECATHLON, and to accept the General Conditions by checking the appropriate box.
In the booking confirmation e-mail, the CLIENT shall also receive a link to download and save a copy of these General Conditions, as established under Article 51, paragraph 1, of Legislative Decree No. 206/2005, as amended by Legislative Decree No. 21/2014.
2ARTICLE 2 - PRE-CONTRACTUAL INFORMATION FOR CONSUMERS UNDER ARTICLE 49 OF LEGISLATIVE DECREE 206/2005
Before concluding the sports equipment rental booking agreement (hereinafter simply referred to as the “Agreement”), the CLIENT shall review the characteristics of the goods illustrated on the Website.
Before confirming a booking with an “obligation to pay”, the CLIENT is informed with respect to
- total price of the sports equipment rental, including taxes;
- method of payment;
- time-limit within which DECATHLON undertakes to make available to the CLIENT the sports equipment booked at the Decathlon store and/or the Partner's premises;
- terms, conditions, and procedures to exercise the right to cancel (as per Article 12.1 of these General Conditions), and the cancellation form as per Annex I, part B of Legislative Decree No. 21/2014;
- duration of the rental.
The CLIENT may at any time, and in any event prior to the conclusion of the Agreement, become aware of information concerning DECATHLON, its geographical address, phone number, and Certified E-Mail Address, which information is also reported below:
DECATHLON ITALIA S.R.L. single-member company
Viale Valassina, 268 – 20851 – Lissone (MB)
phone (+39) 0395979702
3ARTICLE 3 - PRODUCT AVAILABILITY
The Equipment offered for rental is described on the Website.
The Website only lists a few categories of Equipment, and not a specific sports equipment model. The CLIENT selects and books a category of Equipment, and not a specific piece of sporting equipment. The Equipment samples are published for illustrative purposes only and have no contractual value.
The availability of Equipment refers to the actual availability thereof at the time the CLIENT makes the booking. Such availability must in any case be deemed to have purely indicative purposes on the grounds that
- the Equipment may be booked by other CLIENTS before the Booking is confirmed, on account of the simultaneous presence of several users on the Website;
- a computer anomaly may occur, such as to cause Equipment to be available for booking when in reality it is no longer available.
Even after a Booking confirmation e-mail has been sent by DECATHLON, there may still be occurrences where the sports Equipment is unavailable, wither in full or in part. In this case, the Booking shall be automatically rectified by eliminating the Equipment that is no longer available, and the CLIENT shall be immediately informed via phone/e-mail. The CLIENT shall also be informed of the manners and the time-frames for the reimbursement of the amounts paid, where any.
4ARTICLE 4 - PRICES
All the Equipment booking and rental prices published on the Website are expressed in Euro and are inclusive of VAT.
Prices are determined based on the following parameters:
- category of the Equipment booked;
- selected rental period and rental duration;
- date in which the rental is booked.
The CLIENT is aware that rental fees, any applicable discounts and rebates reported on this Website are specific to each single Decathlon/Partner store.
The CLIENT accepts that DECATHLON shall have the right to change its prices and the discount terms and conditions at any time. It is understood that the price for the Booking shall be invoiced based on the prices listed on the Website at the time of creation of the Booking, and reported in the confirmation e-mail sent by DECATHLON to the CLIENT.
In case of computer, manual, technical, or any other type of errors that may entail a material change, unforeseen by DECATHLON, to the Booking or rental price for the Equipment, making such price unreasonably high or unreasonably low, the Booking shall be deemed invalid, cancelled, and the amount paid by the CLIENT shall be reimbursed within 14 days of the day of cancellation.
5ARTICLE 5 - BOOKING METHOD
In order to make a booking on the Website, the CLIENT must select the Decathlon or Partner store from which they intend to rent the Equipment, and the Equipment category they wish to book.
The CLIENT may confirm their booking only after having selected the desired Equipment.
The booking shall be registered and taken over by DECATHLON only and exclusively after the cost for the booking is paid for by the CLIENT.
DECATHLON reserves the right to decline a booking in the event of prior default of the CLIENT, or in case of any disputes with said CLIENT, and where, at DECATHLON’s sole discretion, it should deem a CLIENT’s order to be excessively high.
6ARTICLE 6 - CHANGING A REGISTERED BOOKING
The CLIENT may request to make changes to a previously registered Booking, only of such changes concern the size of the booked Equipment.
Any the size changes for the booked Equipment are exclusively within the responsibility of the Decathlon and/or Partner store to whom the CLIENT's booking is addressed. For any changes concerning Equipment sizes, the CLIENT shall directly contact the Decathlon or Partner store selected in the booking phase, which shall handle and clear the change request only if the product requested by the CLIENT is available.
The chance of size of the Equipment booked shall not entail any variations to the price paid and shall not affect the total rental costs still due.
No additional items can be added to a booking that is already registered on the Website. If the CLIENT wishes to book any additional items, they will need to make a new Booking. The elimination of items from a Booking that is already registered after the statutory time-period allowed for exercising the right of withdrawal shall be considered a cancellation, and the sum paid for the booking of the Equipment shall be retained by DECATHLON by way of penalty for breach of contract.
7ARTICLE 7 - PAYMENT METHOD
For the booking, the CLIENT pays to Decathlon an amount equivalent to 20% of the total cost of the rental.
The balance of the cost for the rental Booked shall be paid by the CLIENT directly to the Decathlon or Partner store selected in the booking phase, on the basis of the conditions applied by said Decathlon or Partner store, which are available by contacting Decathlon or the Partner.
The Booking shall be registered only after payment of the relative cost.
After the cost for the Booking is received, DECATHLON shall send the CLIENT an email to confirm the booking.
All payments by the CLIENT shall be exclusively through the credit cards listed on the Website, via PayPal, or Google Pay.
8ARTICLE 8 - CONCLUSION AND VALIDITY OF THE AGREEMENT
The Agreement shall be deemed concluded when DECATHLON sends the CLIENT a booking confirmation e-mail. The email shall contain the CLIENT’s data, the booking order number, details of the booked Equipment, the duration of the rental, the total price for the rental, the Booking price paid, and the residual price for the rental still to be paid, the Decathlon or Partner store selected during the booking phase, and a link to allow the CLIENT to print and save a copy of these General Conditions.
The CLIENT undertakes to check to verify that the personal data contained in the above email are accurate, and to promptly inform DECATHLON where such data may need any corrections/changes.
DECATHLON undertakes to present the items booked on the Website in the best possible manner. However, there may be errors, inaccuracies, or small discrepancies between the product as depicted on the Website and the real product. In addition, the photographs of the products shown on the Website do not constitute a contractual offer, as they are considered for illustration purposes only.
9ARTICLE 9 - MAKING AVAILABLE OF THE SPORTS EQUIPMENT BOOKED - RENTAL PERIOD - RETURNING THE EQUIPMENT BOOKED
The Equipment booked on the Website must be collected at the Decathlon or Partner store selected in the booking phase and specified in the booking confirmation email. The CLIENT may collect the Equipment booked on the Website
- upon presentation of the booking confirmation email and a currently valid form of ID;
- if the collection point selected in the booking phase is a Decathlon shop, starting from 17.00 of the day before the first day of rental as per the Booking confirmation email, on condition that the Decathlon store selected is open after 17.00, and that the Equipment is available and in fit for being collected;
- if the collection point selected in the booking phase is a Partner store, within the first rental day as per the booking confirmation email;
- after the sports equipment rental agreement is signed at the Decathlon or Partner store.
Any type of adjustments to the Equipment rented must be performed exclusively by the Decathlon or Partner store selected in the booking phase on the Website. Please note that any adjustments to the ski bindings shall be performed only where the ski boots are physically present, where such ski boots are in good condition. In the absence of the relevant ski boots, Decathlon shall hand to the CLIENT skis with non-adjusted bindings.
At the time of collection of the rented Equipment, the Decathlon or Partner store may furthermore ask the CLIENT to pay a security deposit equivalent to the rented Equipment's retail price. Such security deposit shall be paid via pre-authorisation of payment on the CLIENT’s credit card, and shall be returned to the latter at the time the rented Equipment is returned, without prejudice to the provisions set out in Article 11 of the General Conditions.
The CLIENT shall be under obligation to alert the Decathlon or Partner store in case of delay in collecting the booked Equipment. The Decathlon and Partner stores undertake to keep the Equipment booked by the CLIENT on the Website
- until 16.00 of the first rental day indicated in the booking confirmation email, where the booking concerns a rental for more than one day;
- until 10.30 of the rental day where the booking concerns a rental for one day only.
Once the above time-limit has expired, the booking shall be deemed to be de-facto void, and the CLIENT shall lose the benefit of its booking, and no reimbursement shall be owed by DECATHLON to the CLIENT on such regard.
The duration of the rental shall be the duration reported on the rental agreement, and shall begin as of the time when the CLIENT takes possession of the Equipment booked, and automatically cease on the date and at the time reported on the rental agreement.
The CLIENT must return the booked Equipment
- by 14.00 of the day after the last rental day reported on the agreement, if the rental was through a Decathlon store, and on condition that the Decathlon store selected is open at such time;
- by the last rental day indicated in the booking confirmation email if the rental was made through a Partner.
If the CLIENT returns the Equipment booked after the above time-limits, the CLIENT shall be held to pay to the DECATHLON or Partner store a penalty which amount shall be equivalent to the daily rental fee applied by the Decathlon or Partner store, multiplied by the days of delay in returning the Equipment. Unless otherwise agreed in writing, the rented Equipment shall be returned to the Decathlon or Partner store from which it was collected, during opening hours. Failure to return the Equipment shall be considered misappropriation, with application of the criminal penalties set out under Article 646 of the Criminal Code, and the CLIENT may not invoke any impediment in such respect.
10ARTICLE 10 - USE OF THE SPORTS EQUIPMENT
The CLIENT assumes all responsibilities with respect to the fitness of rented Equipment's users with respect to their ability to use such Equipment, and undertakes, on its own behalf and on behalf of the rented Equipment's users to ensure that the Equipment shall be used in line with the relevant conditions of use, prudently, without causing any danger to third parties, in accordance with the applicable regulations in force, and that such Equipment is not sub-rented, transferred, or given as collateral.
11ARTICLE 11 - RESPONSIBILITIES
The CLIENT shall be responsible for the safekeeping of the Equipment rented from the time they take possession thereof until the Equipment is returned.
The CLIENT shall be deemed to have sole and exclusive responsibility in the event of damage, theft, or loss of the sports Equipment rented, whatever may be the reason and/or cause thereof.
Should the CLIENT fail to return all or part of the Equipment rented, they shall be held to pay to the Decathlon or Partner shop, in addition to the rental price, also the commercial value of the Equipment they failed to return, as reported in the relative rental agreement. In the event of theft of the rented Equipment, the CLIENT shall report such theft to the competent authorities and immediately inform in writing the Decathlon or Partner shop from which the CLIENT rented the Equipment.
The CLIENT shall report any reservations they may have with concern to the state of the Equipment to the Decathlon or Partner shop at the time of delivery of the Equipment, and in any case before signing the rental agreement, as such reservations will be added to said agreement. Complaints will be accepted only when reported at the time of collection of the Equipment.
The CLIENT undertakes to return the Equipment clean and in the same state it was at the time of collection, with the exception of normal wear and tear.
The CLIENT shall be responsible for any damage suffered by the Equipment that is attributable to fault, recklessness, or incompetence. By virtue of such responsibilities, the CLIENT shall be held to pay to the Decathlon or Partner shop all costs for cleaning and repairing the Equipment (without prejudice to the provisions of Article 12 below) or its full replacement. Without prejudice to the provisions of Article 12 below, repairs shall be carried out exclusively by the Decathlon or Partner shop, it being understood that the CLIENT shall not have the option to take action to repair the Equipment.
Any reimbursement determined on the basis of this Article shall be payable by the CLIENT in addition to the rental cost. The CLIENT undertakes to pay such reimbursement upon returning the Equipment rented, or, where applicable, the reimbursement shall be collected from the security deposit provided for under Article 9 of these General Conditions.
12ARTICLE 12 – INSURANCE
Decathlon offers all the CLIENTS who, during the booking phase, choose to rent the sports Equipment from a Decathlon store, the possibility to benefit, free of charge, from an insurance cover against accidental damages including partial or total break-down of the rented Equipment.
13ARTICLE 13 - RIGHT OF WITHDRAWAL
The CLIENT shall have the option to withdraw from the Agreement without any penalties and without specifying the reason therefor up until 24 hours prior to the time in which the rental is set to begin as indicated in the booking confirmation email.
Upon taking delivery of the Equipment, the CLIENT shall, for all intents and purposes, lose their right to withdraw from the Agreement.
Any CLIENT who intends to exercise the right of withdrawal shall expressly inform DECATHLON of such intention in writing, in a letter sent via registered mail with proof of receipt, or access the “My Rentals” section on the Website, click on the “show details” icon in the relevant rental booking, and then on the “cancel booking” icon.
The CLIENT may also exercise their right of withdrawal by sending an express declaration stating their decision to withdraw from the Agreement, or alternatively send a standard withdrawal form as per Annex I, part B, of Legislative Decree 21/2014 (non-mandatory), as reported below:
Standard Withdrawal Form as per Article 49, paragraph 1, letter h)
(fill in and return this form only if you wish to withdraw from the Agreement)
Decathlon Italia S.r.l. Viale Valassina, 268 - 20851 – Lissone (MB), Italy
With this form, I/we (*) notify my/our (*) withdrawal from my/our (*) rental booking agreement for sports equipment (*)
- Booked on (*)
- Name/s of the CLIENT/S (i)
- Address/s of the CLIENT/S (i)
- Signature of the CLIENT/S (i) (only if this form is sent in a printed format)
(*) Cross out text that does not apply.
DECATHLON shall refund the applicable amount using the same payment method selected by the CLIENT when booking the rental, within no more than 14 days of the date in which the withdrawal is received.
14ARTICLE 14 - ACCESS TO THE WEBSITE
The CLIENT shall have the right to access the Website to gather information on and to book Equipment rentals. No other use of the Website and of the content thereof shall be permitted, particularly for commercial purposes. The integrity of the elements of this Website, whether sound or visual, and the relevant technology used within the Website are and shall remain property of DECATHLON and are protected by intellectual property rights.
15ARTICLE 15 – PERSONAL DATA
In compliance with national and supranational legislation on privacy, the personal data collected through the Website shall be digitally processed by DECATHLON. The CLIENT has the right to access, rectify, object to the processing of, and erase the data concerning them, and - where the conditions apply - the right to data portability with respect to their personal data. The CLIENT may exercise said rights by sending a specific request to email@example.com. The recipients of all the information collected shall exclusively be DECATHLON and the parties appointed by the latter. DECATHLON’s personal data protection policy is available at the following link: https://www.decathlon.it/privacy.html
16ARTICLE 16 - COOKIES
This website uses “cookies”. Cookies are electronic files that record information concerning the CLIENT’s browsing of the Website (pages viewed, date and time of access, etc.), and that enable DECATHLON to offer a customised service to its own clients.
DECATHLON informs the CLIENT that they have the option to deactivate the creation of such files, by accessing their Internet configuration menu. It is understood that by doing so the CLIENT may be prevented from making on-line purchases of rental bookings.
For more information, Click here
17ARTICLE 17 - COMPLAINTS
All complaints pertaining to the rental of sports equipment shall be under the exclusive responsibility of the Decathlon and/or Partner store selected upon booking, and as reported in the booking confirmation, and said Decathlon and/or Partner store shall be the only counterparty of the CLIENT.
18ARTICLE 18 - ENTIRE AGREEMENT
These General Conditions for the booking of rentals consist of the entirety of the provisions thereof. Should one or more of the provisions of these General Conditions be found invalid or declared such under the law, pursuant to regulation, or following any decisions taken a competent court, the remaining provisions shall continue to be fully valid and enforceable.
19ARTICLE 19 - APPLICABLE LAW AND JURISDICTION AND VENUE
These General Conditions shall be governed by Italian Law.
Any dispute which cannot be resolved amicably shall be subject to the exclusive jurisdiction of the Court having territorial jurisdiction over the place of residence or the domicile of the CLIENT when these are located within the territory of the State.
At all events, the parties shall have the option to resolve any disputes arising out of the interpretation and performance of these conditions of sale through the mediation procedures provided for under Legislative Decree No. 28/2010, available at:https://webgate.ec.europa.eu/odr