INTRODUCTION

These terms and conditions are between the user of the website (the “User”) and Decathlon Italia S.r.l. Unipersonale, with registered office at Viale Valassina, 268 - 20851 Lissone (MB), REA no. MB-1370021, VAT No. 11005760159 (“Decathlon”). The “rent.decathlon” website (the “Website”) can be accessed at the URL rent.decathlon.it and enables Users to benefit from the features described in Article 2 below.

Use of the Website is permitted for private purposes only; it is forbidden to use the Website for commercial reasons or as part of an activity with commercial aims. For the purposes of this document, the term “Use” means all operations performed by User from the moment they access the Website, including merely browsing, irrespective of the device used to access it (computer, tablet or smartphone), the connection type (private, third party, public or Wi-Fi) and location of the connection.

Use of the Website indicates the User's unreserved acceptance of these terms and conditions. These terms and conditions may amended by Decathlon. It is understood that the terms and conditions in force on the Website at the time of use will apply.

1FEATURES OF THE WEBSITE

The Website allows the User to:

• reserve rental of sports equipment at participating Decathlon stores
• reserve rental of sports equipment at Decathlon partner vendors
• view a list of the sports equipment that can be reserved for rental
• view his/her account and rental reservations history

This list of features is approximate and is not intended to be exhaustive. Decathlon reserves the right to add or remove features on a temporary or permanent basis without the User’s consent.

2TERMS AND CONDITIONS OF USE OF THE WEBSITE

2.1 The Website is reserved for persons aged eighteen and over who can be identified as private individuals and for minors under the age of eighteen with authorisation from a parent or guardian. However, Decathlon asks anyone responsible for a minor under the age of 18 to monitor the minor’s use of the Website.

2.2 Access to some of the services offered on the Website may require the creation of an account for which the User may be asked to provide identification information. Decathlon is required to collect and store personal data for the purpose of identifying users. For this reason, the User undertakes to provide accurate and complete information about his/her identity and refrains from assuming the identity of others. If the User fails to honour this undertaking, Decathlon reserves the right not to confirm, or to suspend or delete the Account.

3SHARING CONTENT ON THE WEBSITE

3.1 To encourage interaction between Users, Decathlon provides several services where content can be posted on the Website, particularly the “Share photos” and “Write a review” services. For the purposes of these terms and conditions, “Content” means any element posted by the User on the Website, e.g. text, comments, images, photos, videos and any type of file regardless of its form or content.

3.2 The User is responsible for anything that may be produced in his/her name or otherwise from his/her computer. The User undertakes to report immediately via the Decathlon Website any case in which he/she has reasonable grounds to believe that his/her username or email address is or may be known by a person who is not authorised to use it. Decathlon disclaims any liability in the event the User’s personal data is used by unauthorised third parties.

3.3 The User may not, under any circumstances, use the Website for commercial purposes.

4CONDUCT ON THE WEBSITE

The User will, in particular, refrain from:

• committing unlawful acts
• extracting or collecting the personal data of users of the Website using any means
• extracting, recording or exploiting – for purposes other than solely displaying them while browsing the Website – the data or content of other persons
• storing, disseminating or publishing any content that is unlawful, prejudicial, offensive, discriminatory, that incites hatred, runs counter to common decency, or is harmful to the private lives or rights of others, particularly rights relating to their image, intellectual property or respect for their privacy
• directly or indirectly publishing propaganda of any kind or nature
• using the identity of third parties and/or publishing any personal information of other persons
• storing, disseminating or publishing any content that might directly or indirectly infringe on the rights of Decathlon

Generally, the User undertakes to refrain from any behaviour that is contrary to the values of Decathlon

5INTELLECTUAL PROPERTY

5.1 Content of the Website.

The content of the Website complies with intellectual property rights, particularly in relation to copyright, drawings, trademarks, domain names, patents, know-how, software and databases. Decathlon is the owner of all the content of the Website, as well as the rights associated with it. Decathlon grants the User its consent for non-exclusive and revocable use of the content of the Website. This consent does not grant Users any rights, particularly rights to the commercial exploitation of the abovementioned content.

5.2 Content published by users

Content published by users (text, comments, files, images, photos, videos, artwork, etc...) remains the property of the User, subject to special conditions agreed beforehand for specific services available on the websites of Decathlon. Users are free to publish or not to publish content on the Website, particularly through the “Share photos” service. By using this service, they accept that this content is in the public domain and freely available on the Internet. Users warrant that they have the necessary authorisations to publish photos on the Website, in accordance with applicable laws in force and privacy rights, property rights, intellectual property rights, image rights, etc. By publishing photos on the Website, Users assume all liability as publishers of the content in accordance with the law, and grant Decathlon permission to reproduce, represent, upload, display, execute, transmit and store the abovementioned content. Users consent to their name being placed next to the content. By posting content, Users accept that it may automatically become accessible on the Internet, other websites, blogs and web and social media pages of Decathlon. Users may at any time ask Decathlon to cease publishing the content, in accordance with the procedures set out in Article 8 of these Terms and Conditions of Use.

6LIABILITY

6.1

Liability of Decathlon

6.1.1 The User alone is responsible for his/her viewing and use of the Website. Decathlon cannot be held liable for any damage arising from access to and use of the Website and the information contained in it. The User is informed of the possibility that Decathlon might temporarily interrupt access to the Website for technical reasons related to maintenance and hereby relinquishes all claims to compensation. Decathlon will under no circumstances be considered liable for:

• any information viewed on the Website that is not published by Decathlon
• any malfunction on the network preventing the Website from functioning properly
• any loss of data
• any software malfunction
• any consequences resulting from computer viruses, bugs, anomalies or malfunctions
• any damage caused to the User’s computer/tablet/smartphone

6.1.2 Decathlon allows Users to communicate with each other by posting reviews. As the host, Decathlon will not, in accordance with Articles 16 and 17 of Legislative Decree 70/2003, be held liable for the activities or content stored on the Website. Decathlon’s liability is limited as set out in Article 17, paragraph 2 of Legislative Decree 70/2003, according to which Decathlon is required to:

• inform the judicial or administrative authorities if it becomes aware of any unlawful activities or information;
• - by request of the relevant authorities, provide information in its possession that might enable the identification of the recipient of its services, for the purpose of detecting and preventing unlawful activities.

Decathlon is civilly liable for the content of these services only if, after a request from a judicial or administrative authority, it does not take action to prevent access to it or if, after becoming aware of the unlawfulness of content, it fails to inform the relevant authority of it. Decathlon is required and has the right to remove any unlawful or manifestly unlawful content without notifying the User in advance, in accordance with the provisions of Article 17 of the aforesaid law. Consequently, Decathlon is not required to monitor the quality, security, truthfulness or lawfulness of the content submitted by Users.

6.2 Liability of the User

6.2.1 By using the Website, the User agrees to relieve Decathlon from any liability and to hold it harmless from any damage, costs and charges, whether direct or indirect, arising from:

• - claims by third parties relating to content submitted on his/her behalf, in particular for the infringement of rights to the content published on the Website;
• - any activity related to participation on the Website in conflict with these General Terms and Conditions;
• - breach of these Terms and Conditions of Use of the Website.

6.2.2 Decathlon draws Users’ attention to the possibility of publishing and sharing photographs, images and videos. Decathlon requires the User to behave in a manner that is respectful and in compliance with Decathlon’s values. Any content that does not comply will systematically be removed from the Website.

7PROTECTION OF PERSONAL DATA

8DELETION OF USER-SUBMITTED CONTENT

8.1 Decathlon is free to delete any profile, content, information published on the Website, and may prohibit the use of and access to it when it becomes aware that a User fails to comply with the conditions of use or for technical reasons. Any change or deletion may be carried out without prior notice, notification or communication, at the full discretion of Decathlon. Any User may inform Decathlon, through the “Report abuse” procedure, of content published that is possibly in breach of these terms and conditions of use. The User is required to submit all necessary details relevant to the report.

8.2 The User may also request the deletion of content posted on the Website. To do so, the User should send a request for the withdrawal of content via the webpage https:// reviews.decathlon.com/it_IT/review/abuse/982/1088873

This request must be accompanied by information enabling the content to be identified. The following information is required for the deletion of content submitted through the “Share photos” service: surname, first name, email address used when posting the content, year posted, title of the content.

Decathlon will address all well-founded and legitimate requests as quickly as possible. The User acknowledges that Decathlon cannot be held in any way liable for the time taken to process the request or for the material impossibility of providing a response to the request.

9ENTIRE AGREEMENT

In the event one or more of the clauses in the General Terms and Conditions of Use is declared null and void as a result of application of a law, a regulation or a final judicial or administrative decision, the legal effect of the other clauses will remain.

10GOVERNING LAW/DISPUTES