GENERAL TERMS AND CONDITIONS OF RENTAL OF SPORTS EQUIPMENT

30/08/2021

GENERAL PROVISIONS

These general terms and conditions for reserving sports equipment for rental (“General Terms and Conditions”) are solely between DECATHLON ITALIA s.r.l. Unipersonale, with registered office at Viale Valassina, 268 – 20851 Lissone (MB), REA no. MB-1370021, VAT No. 11005760159 (“DECATHLON') and any person making a reservation to rent sports equipment on the rent.decathlon.it website, hereinafter referred to as “CUSTOMER”. These terms and conditions may be amended and are effective from the date they are published on the website.

These terms and conditions govern purchases made on the rent.decathlon.it website (the “Website”), in accordance with the provisions of Part III, Title III, Paragraph I of the Consumer Code, Legislative Decree no. 206/2005, as amended by Legislative Decree no. 21/2014 and Legislative Decree no. 70/2003 concerning e-commerce.

1ARTICLE 1 - OBJECT OF THE AGREEMENT

Under these General Terms and Conditions, DECATHLON sells and the CUSTOMER remotely reserves the rental of the sports equipment featured and described on the Website. The agreement is concluded solely online, with the CUSTOMER accessing the Website and reserving the rental of sports equipment (hereinafter referred to as the “reservation”) following the process provided on the Website. The sports equipment reserved on the Website is rented and collected solely from Decathlon shops and/or from Decathlon partner vendors, a list of which can be found on the Website.

The CUSTOMER undertakes to read these General Terms and Conditions before confirming his/her order, in particular the pre-contract information provided by DECATHLON, and to accept them by ticking the box indicated.

The confirmation email sent to the CUSTOMER will contain a link to download and save a copy of these General Terms and Conditions, as required under Article 51, paragraph 1, of Legislative Decree 206/2005, as amended by Legislative Decree 21/2014.

2ARTICLE 2 - PRE-CONTRACT INFORMATION FOR CONSUMERS – ARTICLE 49 LEGISLATIVE DECREE 206/2005

Before entering into the rental reservation agreement for the sports equipment, the CUSTOMER has seen and understood the features illustrated on the product page of the selected items.

Before the reservation request is confirmed, and therefore before the “obligation to pay", the CUSTOMER is informed of:
  • the total cost of reserving rental of the sports equipment;
  • the total cost of renting the sports equipment including tax;
  • payment methods;
  • the time limit within which DECATHLON undertakes to make the reserved sports equipment available to the CUSTOMER at the Decathlon shop and/or partner vendor;
  • the terms, conditions and procedures for exercising the right to withdraw from the agreement (Article 12.1 of these General Terms and Conditions) as well as the standard withdrawal form referred to in Annex I, part B of Legislative Decree 21/2014;
  • the duration of rental.
The CUSTOMER may, at any time and, in all events, before entering into the agreement, view the information about the street address, telephone and fax number, and certified email address of DECATHLON. This information is also provided below:

DECATHLON ITALIA S.R.L. Unipersonale
Viale Valassina, 268 – 20851 – Lissone (MB)
tel. +39 2259300 – Fax +39 2712333
decathlonitalia@pec.it

3ARTICLE 3 - PRODUCT AVAILABILITY

The sports equipment offered for rental is described on the Website.
Only some categories of sports equipment are shown on the Website and not specific models of a given sports item. The CUSTOMER selects and reserves a category of sports equipment, not a specific sports item. The examples of sports equipment are provided by way of example only and have no contractual value.

The availability of sports equipment refers to the actual availability at the time the CUSTOMER makes the reservation. In all events, this availability must be considered approximate as:
  • the sports equipment may be reserved by other CUSTOMERS before the reservation is confirmed, since multiple users may be on the Website at any one time;
  • computer error could show the sports equipment is available to be reserved when in fact it is not.
Even after email confirmation is sent by DECATHLON, there may be occasions when the equipment is in fact only partially available or totally unavailable. In such cases, the reservation will be automatically updated and any unavailable items removed, and the CUSTOMER will be immediately informed by email; this email will also inform the CUSTOMER how and when any sums will be refunded.

4ARTICLE 4 – PRICES

All prices for reserving and renting the sports equipment published on the Website are in euros and include VAT.
Prices are determined on the basis of:
  1. the category of sports equipment reserved;
  2. the chosen rental period;
  3. the rental reservation date.
The CUSTOMER is aware that the rental rates, discounts and reductions presented on this Website are specific to each individual Decathlon shop/partner vendor.

The CUSTOMER accepts DECATHLON’s right to change its prices and discount conditions at any time. However, the reservation and rental of sports equipment will be invoiced according to the prices displayed on the Website at the time the reservation is made and as stated in the confirmation email DECATHLON sends to the CUSTOMER.

In the event of a computer-related, manual, technical or any other kind of error that might lead to a significant change in the reservation or rental price for the sports equipment that is not foreseen by DECATHLON and that makes the fee excessively high or low, the reservation order will be considered invalid and cancelled and the amount the CUSTOMER has paid will be refunded within 14 days of the cancellation.

5ARTICLE 5 – RESERVATION PROCEDURE

To make a reservation on the Website, the CUSTOMER must select the Decathlon shop or partner vendor where he/she intends to rent the sports equipment and the category of sports equipment that he/she intends to reserve. The CUSTOMER will only be able to confirm his/her reservation after selecting the desired sports equipment.
The reservation will only be registered and accepted after the CUSTOMER has paid the applicable fee.

DECATHLON has the right to refuse a reservation in the event of previous breaches on the part of the CUSTOMER or any form of dispute with the CUSTOMER, or if DECATHLON considers the number of reservations made by the CUSTOMER to be excessive.

6ARTICLE 6 – CHANGING A REGISTERED RESERVATION

The CUSTOMER may only request a change to a reservation that has already been registered if it concerns the size of the reserved sports equipment.
The Decathlon shop and/or the Decathlon partner vendor with which the CUSTOMER has made the reservation is responsible for making any changes to the size of the reserved sports equipment. The CUSTOMER will contact the Decathlon shop or the Decathlon partner vendor selected during the reservation process, which will only handle and process the requested change if the product requested by the CUSTOMER is available at the Decathlon shop/partner vendor’s premises.

A change to the size of the reserved sports equipment will not affect the price paid for the reservation and will not affect the total rental cost that is to be paid at the Decathlon shop or partner vendor selected during reservation.

It is not possible to add an item to a reservation order that has already been registered on the Website. If the CUSTOMER wishes to reserve a larger quantity of items, he/she must make a new Reservation. If an item is removed from a registered reservation after the legal time limit for exercising the right of withdrawal, the removal will be considered a cancellation and DECATHLON will hold the deposit paid for reserving the sports equipment as a non-returnable fee.

7ARTICLE 7 – PAYMENT METHOD

The CUSTOMER pays Decathlon 20% of the total rental cost of the sports equipment during reservation.
The CUSTOMER pays the balance of the rental cost directly to the Decathlon shop or the Decathlon partner vendor selected during reservation, based on the specific terms and conditions applied, which are available from the Decathlon shop or the Decathlon partner vendor.

The reservation will only be registered after the related fee has been paid.

On receiving the reservation fee, DECATHLON will send the CUSTOMER an email confirming the reservation.

All payments by the CUSTOMER must be made using one of the credit cards listed on the Website, PayPal or Google Pay.

Credit cards and Google Pay will only be charged when the reservation is being is processed.

PayPal payments are processed immediately.

8ARTICLE 8 - CONCLUSION AND EFFECTIVENESS THE AGREEMENT

The rental reservation agreement for the sports equipment is considered concluded when DECATHLON sends the CUSTOMER an email confirming the reservation. The email will contain the CUSTOMER’s details, the reservation order number, details of the reserved sports equipment, the duration of the rental, the total rental fee, the amount paid for reserving the rental and the remaining balance to be paid, the Decathlon shop or the Decathlon partner vendor selected during the reservation process and a link to a printable copy of these General Terms and Conditions for reserving sports equipment.
The CUSTOMER undertakes to verify the accuracy of the personal data in the confirmation email and to notify DECATHLON immediately of any corrections/changes that need to be made.

DECATHLON undertakes to describe and present the items reserved on the Website in the best possible manner. Nevertheless, there may be some errors, inaccuracies or small differences between the product shown on the Website and the actual product. Furthermore, the photographs of the products presented on the Wit website are not an element of the agreement, as they are to be considered representative only.

9ARTICLE 9 – HANDOVER OF THE RESERVED SPORTS EQUIPMENT – DURATION OF RENTAL PERIOD – RETURN OF RESERVED EQUIPMENT

The sports equipment reserved on the Website must be collected from the Decathlon shop or partner vendor selected during reservation and stated in the reservation confirmation email. The CUSTOMER can receive the sports equipment reserved on the Website:
  • by presenting the email confirming that the reservation has been registered along with a valid identification document;
  • from 5.00 pm the day before the first day of the rental period stated in the email confirming the Reservation, if the collection point selected during reservation is a Decathlon shop, and provided that the Decathlon shop selected during reservation is open after this time and the reserved sports equipment is available and ready to be collected;
  • by the end of the first day of rental stated in the confirmation email if the collection point selected during reservation is a Decathlon partner vendor;
  • after signing the rental agreement for sports equipment at the Decathlon shop or Decathlon partner vendor.
Any regulation of the rented sports equipment will be carried out solely by the Decathlon shop or partner vendor selected during reservation on the Website. Please note that ski bindings will only be adjusted if the ski boot is available. If no ski boot is available, Decathlon will provide skis with unadjusted bindings to the CUSTOMER.

The Decathlon shop or partner vendor may also ask the CUSTOMER to pay a deposit in the amount of the retail price of the rented sports equipment. If a deposit is required, it may be charged as an authorisation hold on the CUSTOMER’s credit card and will be refunded when the CUSTOMER returns the rented sports equipment, subject to the provisions of Article 11 of these General Terms and Conditions.

The CUSTOMER is required to notify the Decathlon shop or partner vendor if there is likely to be a delay collecting the reserved sports equipment. Decathlon shops and partner vendors undertake to set aside the sports equipment reserved by the CUSTOMER on the Website:
  • until 4.00 pm on the first day of the rental period stated in the email confirming the reservation, if the reservation is for a rental period of several days;
  • until 10.30 am on the same day, if the reservation is for a rental period of only one day.
After this time limit, the reservation will be considered null and void and the CUSTOMER will lose the benefit of his/her reservation and will not be entitled to a refund.

The duration of the rental is as stated in the rental agreement and starts from the moment the CUSTOMER takes possession of the reserved sports equipment and automatically ends on the date and at the time stated in the rental agreement.

The CUSTOMER must return the rented sports equipment:
  • by 2.00 pm on the day after the end date stated in the agreement, if the rental was made at a Decathlon shop;
  • by the last day of rental stated in the email confirming the reservation, if the rental is from a Decathlon partner vendor.
If the CUSTOMER returns the rented sports equipment after the above time limit, he/she will be required to pay the Decathlon shop or partner vendor a penalty corresponding to the daily rental fee displayed in the Decathlon shop or partner vendor multiplied by the delay in days before the sports equipment is returned. The rented sports equipment must be returned to the Decathlon shop or partner vendor from where it was collected, during public opening hours. Failure to return the sports equipment will be considered to be undue appropriation and subject to the criminal penalties set out in Article 646 of the Criminal Code, with no recourse on the CUSTOMER’s part to argue an impediment.

10ARTICLE 10 – USE OF THE SPORTS EQUIPMENT

The CUSTOMER assumes all liability with regard to the ability of the users of the rented sports equipment to use it and undertakes on his/her own behalf and on behalf of users to ensure that the rented sports equipment is used – in keeping with the recommendations for use – with caution and at no danger to third parties, in accordance with regulations in force, and that it is not sold, sub-rented and/or lent to third parties.

The rented sports equipment may not be sold, sub-rented or pledged as security.

11ARTICLE 11 – LIABILITY

The CUSTOMER is responsible for the safekeeping of the rented sports equipment from the moment he/she takes possession of it until it is returned.

The CUSTOMER alone will be held liable in the event of damage, theft, or loss of the rented sports equipment, regardless of the reason and/or cause.

If the CUSTOMER does not return all or part of the rented sports equipment, he/she will be required to pay the Decathlon shop or the Decathlon partner vendor the amount corresponding to the retail price of the unreturned sports equipment as set out in the rental agreement, in addition to the rental fee. The CUSTOMER must report any theft of the rented sports equipment to the relevant authorities and immediately inform in writing the Decathlon shop or the Decathlon partner vendor that rented the equipment.

The CUSTOMER must notify the Decathlon shop or the Decathlon partner vendor of any reservations concerning the condition of the rented sports equipment at the time he/she receives the equipment; any such reservations will be included in the rental agreement at the time of signing. Only complaints reported at the time the equipment is received will be recognised.

The sports equipment is numbered and marked and must be returned with the same number and markings. The CUSTOMER undertakes to return the sports equipment clean and in the same condition in which it was provided, subject to normal wear and tear or any non-apparent defect which alone caused the deterioration of the equipment, proof of which must be provided by the CUSTOMER.

The CUSTOMER is liable for any damage to the sports equipment, irrespective of the cause. As a result of this liability, the CUSTOMER will be required to pay the Decathlon shop or the Decathlon partner vendor the cost of repairing the equipment or replacing it entirely. Repairs must be carried out by the Decathlon shop or the Decathlon partner vendor. Therefore, the CUSTOMER will not be entitled to have the repairs carried out.

Any reimbursements determined in accordance with this article will be payable by the CUSTOMER, in addition to the cost of rental. The CUSTOMER undertakes to pay these reimbursements on returning the rented sports equipment, or, if necessary, by deducting them from the deposit provided in accordance with Article 9 of these General Terms and Conditions.

12ARTICLE 12 – RIGHT OF WITHDRAWAL

The CUSTOMER is entitled to withdraw from the rental reservation agreement, without penalty and without stating a reason, up to 24 hours before the rental start date shown in the reservation confirmation email.

Taking delivery of the sports equipment will, for all purposes, be considered a waiver of the right of withdrawal.

If the CUSTOMER intends to exercise the right of withdrawal, he/she must declare so explicitly by registered letter sent to DECATHLON with advice of delivery or by accessing the “My Rentals” section of the Website and clicking on “show details” icon for the relevant rental and then on the “cancel reservation” icon.

The CUSTOMER may also exercise the right of withdrawal by sending an express declaration of any kind stating the decision to withdraw from the agreement or by sending the standard withdrawal form, referred to in Annex I, part B of Legislative Decree 21/2014 (not mandatory), the text of which is set out below:

Standard Withdrawal Form in accordance with Article 49, paragraph 1(h)

(only complete and return this form if you intend to withdraw from the agreement)

Decathlon Italia s.r.l. Viale Valassina, 268 – 20851 Lissone (MB),

Telephone: +39 2259300 - Fax: +39 2712333

PEC email: decathlonitalia@pec.it

I/We (*) hereby notify you of my/our (*) intention to withdraw from my/our (*) sports equipment rental reservation agreement.
  • Reservation made on (*)
  • CUSTOMER’S name
  • CUSTOMER’S address
  • CUSTOMER’S signature (only if this form is sent as a hard copy)
  • Date
(*) Delete as necessary.

DECATHLON will process the CUSTOMER’S refund using the same payment method chosen at the time of purchase of the rental reservation within a maximum period of 14 days of receipt of the withdrawal notification.

13ARTICLE 13 - ACCESS TO THE WEBSITE

The CUSTOMER has the right to access the Website and make reservations to rent sports equipment. No other use of the Website’s contents is permitted, particularly commercial use. All features of this website, whether audio or visual, and the related technology used are the property of DECATHLON and are protected by copyright.

14ARTICLE 14 – PERSONAL DATA

In accordance with national and supranational data protection legislation, DECATHLON processes by computer the personal data collected through the website. The CUSTOMER has the right to access, as well as to the rectification, objection and erasure of the data concerning him/her, and – where applicable – the right to the portability of his/her data. The CUSTOMER may exercise these rights by emailing a specific request to privacy@decathlon.com. The information collected is used solely by DECATHLON and persons designated by it. The CUSTOMER can view the DECATHLON Privacy Policy here: https://www.decathlon.it/privacy.htmlprivacy.html

15ARTICLE 15 – COOKIES

The Website uses cookies. Cookies are electronic files that record information while the CUSTOMER is browsing the Website (which pages are viewed, the date and time they are viewed, etc.) and enable DECATHLON to provide a personalised service to its customers.

DECATHLON informs the Customer that cookies can be disabled via the Internet configuration menu. However, disabling cookies will prevent the Customer from being able to purchase the rental reservation online.

For more information Click here

16ARTICLE 16 – COMPLAINTS

The sole counterparty of the CUSTOMER is the Decathlon shop and/or the Decathlon partner vendor identified during the reservation process and shown in the reservation confirmation, therefore, any complaints about the rental of sports equipment are to be addressed solely to that Decathlon shop or partner vendor.

17ARTICLE 17 – ENTIRE AGREEMENT

These General Terms and Conditions for rental reservation are made up of all the clauses contained herein. If one or more of the provisions of these General Terms and Conditions is considered to be invalid or is declared so in accordance with the law, the regulations or following a decision by a court with applicable jurisdiction, the other provisions will continue to have full force and effect.

18ARTICLE 18 – GOVERNING LAW AND JURISDICTION

These General Terms Conditions are subject to Italian law.

Any disputes that cannot be resolved amicably will be subject to the exclusive jurisdiction of the law courts of the CUSTOMER’s place of residence or domicile, if located on Italian soil.

In all events, there remains the option of mediation procedures in accordance with Legislative Decree 28/2010, to resolve disputes arising from the interpretation and execution of these terms and conditions of sale. For more details see: https://webgate.ec.europa.eu/odr