ARTENGO AFTER SALES SERVICE SITE – GENERAL TERMS OF USE  

PREAMBLE

1 – FEATURES PROVIDED BY THE SITE

2 – TERMS OF USE OF THE SITE

3 – ADDING CONTENT TO THE SITE

4 – BEHAVIOUR ON THE SITE

5 – INTELLECTUAL PROPERTY

6 – LIABILITY

7 – PERSONAL DATA PROTECTION

8 – DELETION OF USER-ADDED CONTENT

9 – COMPLETENESS

10 – APPLICABLE LAW / DISPUTES

 

PREAMBLE

   These General Terms of Use are entered into between each Internet user (hereinafter referred to as the “User”) and the “sav-table-ping-pong.artengo.com” site, operated by DECATHLON.SA, a stock company with €10,250,000 in share capital, registered in the Lille Metropole corporate and trade register under number 306 138 900 with registered offices located at 4 Boulevard de Mons, 59650 Villeneuve d’Ascq; hereinafter referred to as “the Site”.

The SAV ARTENGO site belongs to the ‘DECATHLON GROUP’. This refers to DECATHLON SA and all of the companies held by it, directly or indirectly, with at least 10% of the capital or voting rights (hereinafter “DECATHLON subsidiaries’ or “Companies in the DECATHLON GROUP”).

The Site refers to the Internet site accessible at the URL sav-table-ping-pong.artengo.com which allows Users to benefit from the services described in Article 2.

Use of the Site is intended for normal use and browsing by the general public. All natural and legal persons are strictly forbidden from inappropriately using the Site for professional reasons or as an additional business or commercial activity.

For the purposes of the General Conditions, the term ‘Use” encompasses all operations performed by the User when accessing the Site, including simply consulting it regardless of the means of access (specifically, PC, tablet and Smartphone), the type of connection,(private connection, third-party connection, or public Wi-Fi) and the place of connection (from France or abroad).

Use of the Site implies unreserved acceptance of these General Terms of Use. These Terms are subject to change. It is therefore understood that the applicable Terms are those in effect on the Site at the time of use.

 

1 – FEATURES PROVIDED BY THE SITE

The Site allows Users:

   •         To discover the products and services offered by DECATHLON and namely articles marketed under the brand ARTENGO;

•         To purchase articles on other e-commerce websites of the DECATHLON GROUP.

•         To publish reviews about articles sold by the DECATHLON GROUP;

•         To post photos and/or videos relating to articles sold by the DECATHLON GROUP;

The list of features is provided for information purposes only. The Site reserves the right to add or delete them either temporarily or permanently without the agreement of the User.

 

2 – TERMS OF USE OF THE SITE

2.1 The site is reserved for the use of individual adults as well as children with parental consent. In all events, the Site encourages any person responsible for a child to monitor their use of the Site.

2.2 Access to certain services proposed by the Site is subject to the creation of an Account which requires Users to provide information making it possible to identify them. With regard to the provisions of the Digital Economy Trust Act (LCEN) of 6 August 2004, amended, the Site is legally obligated to collect and withhold this identifying information. The User undertakes to provide accurate and complete data on his identity and is prohibited from usurping the identity of any third person. Otherwise, the Site reserves the right not to confirm, or to suspend or delete the account.

 

3 – ADDING CONTENT TO THE SITE

3.1 To encourage interaction between Users, the Site may offer different services and modules that allow for content to be posted on the Site. For the purposes of the present Terms, “Content” is defined as any element posted on the Site by the User, such as text, comments, images, photos, videos, or any type of file whatever its content or form.

3.2 The User is responsible for anything published in their name and from their personal computer. The User undertakes to inform the Site immediately in the event he has reason to believe his user identify, password or email address is or may be known by an unauthorised person. The Site accepts no liability in the case of the use of a User’s personal data by an unauthorised third party.

3.3 The Site may only be used for personal and non-commercial purposes. Under no circumstances may the User communicate commercial information or perform any commercial activity on the Site, in any form or under any name whatsoever.

 

4 – BEHAVIOUR ON THE SITE

In particular, the User shall refrain from:

- Committing any illegal act;

- Extracting or collecting the personal data of the Site’s Users by any means whatsoever;

- Extracting, recording or exploiting, for purposes other than display while browsing the Site, third-party protected content, in particular relating to private life, personal data or image rights;

- Storing, distributing or publishing any content that is illegal, prejudicial, abusive, racist, incites hatred, is revisionist or contrary to good morals, infringes on private life or the rights to privacy of third parties, in particular the image rights of persons and objects, intellectual property rights or the right to privacy.

- Storing, distributing or publishing any information that directly or indirectly reveals his political, philosophical or religious views and opinions, union membership, health status or sexual orientation;

- Posting content on behalf of third parties;

- Usurping the identity of a third party and/or publishing any personal information of a third party;

- Storing, distributing or publishing any content that may directly or indirectly undermine the interests of the DECATHLON GROUP.

In general, the User undertakes to refrain from any conduct contrary to the sporting ethics and the values and interests of the DECATHLON GROUP.

 

5 – INTELLECTUAL PROPERTY

5.1 Content published by the Site

The Site’s Content is subject to property rights and protected as intellectual property, namely copyrights, industrial designs, trademarks, domain names, patents, know-how, software and databases. The DECATHLON GROUP and its partners remain owners of all of this Content and all associated rights.

The DECATHLON GROUP grants Users a limited, non-exclusive, revocable licence, without the right to sub-licence, for access, browsing and use associated with the Site. This licence does not confer any other rights on Users, in particular any right to commercially exploit any of the Content.

5.2 Content published by Users

All User-published Content (namely text, comments, files, images, photos, video, etc.) subject to property rights, intellectual property rights, image rights or all other proprietary rights remain the property of the User, subject to the limited rights granted to DECATHLON GROUP by the licence defined below or, on a case by case basis, of other previously accepted conditions for specific services available on the DECATHLON GROUP websites. Users are free to publish or not to publish such Content on the Site, in particular via the “Share photo” service, and accept the Content becomes public and freely accessible via the Internet in particular. They acknowledge, commit to and guarantee that they hold all the necessary rights and authorisations for publication on the Site, in particular as regards the current legislation and rights concerning the respect for privacy, property, intellectual property, images, contracts, or any other kind. By publishing on the Site, Users are aware that they are accepting responsibility as publishers of the Content in accordance with the law, and grant, for the entire duration of the publication, a non-exclusive, free and global licence to DECATHLON, for the said Content, including the rights of reproduction, performance, download, display, use, distribution and storage, as well as sub-licensing, in particular to its subsidiaries, technical partners and other Users of the Site.

Users also allow their name to be associated with the Content and accept that this association may not always be made.

With their publication, the Users accept Content can become automatically available via the Internet, including via other websites and/or blogs and/or DECATHLON GROUP web pages including pages of the DECATHLON GROUP social networks on which Users of DECATHLON GROUP websites can share Content. Users can ask DECATHLON to stop their publication in accordance with the provisions laid down in Article 9 of these Terms.

 

6 – LIABILITY

6.1 Site liability

6.1.1 The User consults and uses the Site under his own responsibility. The Site may host links to third-party sites. By clicking on these links, the User acknowledges the Site cannot guarantee the content of these third-party sites and consequently agrees to access them at his own risk. Consequently, the Site may not be held liable for damages resulting from access to and/or use of the Site and of the information it contains. The User is further informed that the Site may need to momentarily interrupt access to the Site for technical reasons, in particular for maintenance purposes. The User accepts these interruptions and waives any claim in this regard.

The User’s use of the Site implies knowledge and acceptance of the characteristics and limitations of the technologies used on the Internet, in particular with regard to response times for consulting or querying the server hosting the Site, the technical performance, risks of interruption and more generally, any risk incurred when sending data.

Consequently, the Site, and more generally the DECATHLON GROUP, may, in no circumstances, be held liable, without this list being exhaustive:

- for any information consulted on the Site that has not been uploaded by the Site

- for any malfunction in the network preventing the Site from working properly

- for any data loss

- for any software malfunction

- for the consequences of any computer virus, bug, anomaly or failure

- for any damage caused to the User’s computer.

6.1.2 In its role as host, in accordance with article 6.I.2 of the trust in digital economy act of 21 June 2004 (amended), the Site may not be held liable because of activities or content posted on the site by other Users. The Site’s liability is limited to that provided for by Articles 6.I.2. and seq. of the abovementioned Act. The Site may therefore remove any illegal or clearly illicit content without prior notice as provided for in Article 6.I.3 of the Act.

Consequently, the Site is not required to exercise control over the quality, safety, truth or accuracy of any Content posted by Users.

6.2 User Liability

6.2.1 By using the Site, the User agrees to hold harmless the DECATHLON GROUP and to guarantee it against any damage, costs and expenses, direct and indirect, resulting from:

- Any third-party claim concerning any content posted in his name, in particular for violation of rights to the content published on the Site by the User or breach of the press law relating to the information sent to or published on the Site;

-Any activity relating to participation on the Site that is contrary to these general terms of use, including for fraudulent purposes:

-The violation of these Terms of Use.

6.2.2 The Site wants to raise User awareness concerning the posting of Content such as images or pictures of other Users.

The Site attracts the attention of its Users on the need to publish or share photographs, images or videos that are respectful and comply with the ethical sporting values of the DECATHLON GROUP. Any non-compliant Content shall be systematically removed from the Site.

 

7 – PERSONAL DATA PROTECTION

7.1 In accordance with the Data Protection Act of 6/01/1978, amended, the data collected on this Site is processed by DECATHLON SA. The User has a right of access, rectification and opposition to the processing of personal data by submitting a request to: This email address is being protected from spambots. You need JavaScript enabled to view it.(please attach a photocopy of your ID to your request).

7.2 The information collected is intended exclusively for DECATHLON SA and other companies of the DECATHLON GROUP. The User may consult the Site’s Personal Data Protection Policy by clicking on the following link: http://sav-table-ping-pong.artengo.com/fr/cookies

 

8 – DELETION OF USER-ADDED CONTENT

8.1 The Site may cancel any registration and/or delete any profile and/or content and/or any information published on the Site and/or prohibit the use of and/or access to the Site, upon learning of the User’s failure to comply with these Terms of Use, or for technical reasons. This modification or deletion may be made without prior notice or warning, and at the sole discretion of the Site.

Using the “Report Abuse” procedure, any User may inform the Site, by including all information necessary to process his request, that certain Content is presumed to have been posted in violation of these Terms of Use.

8.2 The User also has the option to delete Content posted n the Site. For this, the User must submit a Content Withdrawal request by e-mail to the following address: This email address is being protected from spambots. You need JavaScript enabled to view it.. The request must be accompanied by information clearly identifying the Content in question. For Content posted via the “Share Photos” service, the required information for the deletion of the Content is: Name, first name, e-mail address used when submitting the Content, year of submission, content file name.

All legitimate requests will be dealt with rapidly by the Site although the Site cannot guarantee the immediate removal of access to the Content. The User acknowledges that the liability of the Site shall not be engaged in the matter, namely because of the time required to process the request, technical constraints or the physical impossibility to comply, particularly in the case where the Content in question has been used by third-parties.

 

9 – COMPLETENESS

If one or more provisions of the Terms of Use are declared invalid or void by application of a law or regulation or following a judicial or administrative decision, the other provisions shall retain their force and scope. The Site shall make every effort to replace it as rapidly as possible with a valid provision in line with the scope of the present Terms of Use.

The fact that one or other of the parties did not require the application of any clause in these Terms of Use, whether permanent or temporary, may in no case be interpreted as a waiver of said clause.

 

10 – APPLICABLE LAW / DISPUTES

The present Terms of Use are governed by French law. In the event of dispute and in the absence of an amicable agreement, any dispute will be submitted to the competent court of the place of the defendant’s domicile.