Conditions Générales d'Utilisation du Service de Vente Entre Particuliers

Preliminary Article: Definitions

BUYER(S): Any USER who buys or wishes to buy an ARTICLE on the PLATFORM, and who must be a CONSUMER.

ARTICLE(S): Second-hand sports articles offered for sale by the SELLER on the PLATFORM, including the product itself and any accompanying notices, packaging, or elements.

CATALOGUE: The collection of ARTICLES integrated by the SELLER via their PERSONAL SPACE, offered for sale and accessible through the PLATFORM.

ORDER: The purchase of an ARTICLE by a BUYER within the framework of the C2C service proposed via the PLATFORM.

ACCOUNT: The interface hosted on the PLATFORM where all user-provided data is grouped. Account creation is mandatory for any SELLER.

CONSUMER: Any natural person acting for purposes outside their commercial, industrial, artisanal, or liberal activity.

TRANSACTION: Any sale made by the SELLER to a BUYER that has not been returned or cancelled.

SELLER: Any person who sells or wishes to sell an ARTICLE on the PLATFORM, and who must be a CONSUMER.

Article 1: Object

These General Terms and Conditions of Use (CGU) determine the conditions under which USERS can use the Peer-to-Peer Sales Service offered by DECATHLON. By accepting these CGU, USERS can act as SELLER or BUYER.

DECATHLON acts as an intermediary, providing hosting services for the platform and does not assume responsibility for ARTICLES and CONTENTs posted by users or for disputes arising from transactions between SELLER and BUYER.

The service is not intended for individuals under 18 years of age. Parents or legal guardians of minors are responsible for their use.

Article 2: Contractual Documents

The contractual documents include the CGU for the Peer-to-Peer Sales Service. By accepting these CGU, the USER agrees to comply with them. Significant modifications will be notified 30 days in advance via email or a pop-up. Non-essential changes may occur without prior notification.

Article 3: Duration and Unsubscription

The CGU are effective upon USER acceptance for an indefinite period. USERS can terminate their contractual relationship with DECATHLON and delete their ACCOUNT at any time by informing DECATHLON via email at c2c.complaint@decathlon.be. All outstanding obligations from completed transactions must be fulfilled before account deletion. Upon deletion, all user data and ARTICLES are removed from DECATHLON's database.

Article 4: Account and Personal Space Creation

4.1 Account Creation on the PLATFORM

Account creation is required for any purchase or sale. Each USER is allowed only one ACCOUNT. Users must provide truthful, accurate, up-to-date, and complete information, including email, password, name, date of birth, and postal address. Acceptance of the DECATHLON.BE website CGU is required to validate account creation.

4.2 Personal Space Creation for the C2C Service

SELLERS must create a PERSONAL SPACE to sell ARTICLES. This requires providing information according to the PSP's "KYC" (Know Your Customer) procedure, including name, phone number, PSEUDONYM, ID copy, postal address, and bank details (IBAN). KYC is mandated by anti-money laundering regulations. DECATHLON reserves the right to verify account and personal space information for operational and legal reasons.

DECATHLON will only access certain personal data (ID information, transaction details, last four digits of payment card) in case of ID reading issues or payment refusals, ensuring strict confidentiality and security.

Article 5: Adding Articles to the Platform

5.1 Adding an ARTICLE to the SELLER's CATALOGUE

SELLERS must adhere to specific rules: fill out a description questionnaire, upload high-quality photographs (1-5) reflecting the ARTICLE's actual condition and any defects, and indicate precise details like size, weight, dimensions, sport type, brand, color, gender, and price. DECATHLON SA may use AI assistance for descriptions, but the SELLER is responsible for validating the AI-generated content.

Articles undergo a standard verification by DECATHLON SA and are either accepted (visible within 72 hours with confirmation email), permanently refused (with reason), or temporarily refused (with required modifications).

5.2 Price Setting by the SELLER

The SELLER freely sets the price for ARTICLES, which constitutes an offer to sell. The price displayed is inclusive of all taxes (TTC) and does not include service fees or delivery costs.

5.3 Modification of Offer by the SELLER

The SELLER can withdraw an ARTICLE from their CATALOGUE, modify its price, activate "Holiday" mode, or make other necessary changes.

5.4 Appearance of Listings on the PLATFORM

Listings appear by default based on relevance to the BUYER's search query, considering search terms, BUYER's account preferences, and search history. BUYERS can also sort listings by price, category, product nature, sport, brand, gender, size, condition, and color.

Article 6: Transaction Flow

Purchases are made directly between the BUYER and the SELLER. The SELLER is responsible for all ORDERS and their execution.

6.1.1 ARTICLE Selection

BUYERs select ARTICLES by clicking on them, adding them to their cart, and proceeding to checkout.

6.1.2 ORDERing the ARTICLE

To validate the ORDER and proceed to payment, the BUYER must log in or create an ACCOUNT. The BUYER reviews the ORDER, accepts the CGU, and provides necessary delivery information.

6.1.3 Payment of the ARTICLE

The final price paid by the BUYER includes the ARTICLE price (TTC), service fees (6% for each party), and delivery costs. Payment is finalized upon clicking "Pay." Funds are held by the Payment Service Provider (PSP) until the transaction is confirmed.

A transaction is considered final when:

• The BUYER confirms receipt and conformity of the ARTICLE within 2 business days of receipt (CONTESTATION PERIOD).
• The CONTESTATION PERIOD expires without dispute.
• A dispute raised during the CONTESTATION PERIOD is resolved.

Funds are transferred to the SELLER's account after deduction of fees. DECATHLON does not provide payment processing services.

6.1.4 Shipping and Delivery

Integrated Shipping: Transport and delivery services are provided by DECATHLON's designated transport partners. SELLERS must use pre-paid shipping labels generated on the PLATFORM. Shipping costs are paid by the BUYER and are clearly indicated. The PLATFORM provides online tracking based on information from transport providers and is not liable for inaccuracies.

SELLERS must ship ARTICLES within 7 business days of receiving the shipping label; otherwise, the sale will be canceled. Compensation is provided for articles lost or damaged during transport.

Delivery Method: Home delivery is offered, with the option for relay point delivery via the transport platform.

Shipping Deadlines: SELLERs must ship within 7 business days. Failure to do so may result in order cancellation and refund to the BUYER.

6.1.5 ARTICLE Lost: Not Delivered or Not as Described

BUYERs must report issues to DECATHLON. If an ARTICLE is confirmed lost or undelivered by the carrier, DECATHLON will fully refund both parties. If an ARTICLE is not as described, the BUYER must inform DECATHLON within the contestation period. If the non-conformity is confirmed, the BUYER can either keep the ARTICLE at a reduced price (mutually agreed) or return it to the SELLER at their expense. The BUYER will be refunded initial shipping costs and the ARTICLE price. If the BUYER fails to report issues within the specified timeframe or does not provide proof of non-conformity, the transaction is considered final.

Refunds are not applicable if:

• The BUYER confirmed conformity.
• The issue was not reported within the contestation period.
• Proof of non-conformity or damage was not provided.
• The ARTICLE was used, washed, worn, or modified before return.
• The BUYER provided an incorrect delivery address.
• The BUYER did not collect the package within the carrier's timeframe.
• The BUYER refused delivery.

6.2 Contract Application

Upon payment finalization, the BUYER and SELLER enter into two contracts: one between BUYER and SELLER (SALES CONTRACT) and one between BUYER/SELLER and DECATHLON for the use of the Peer-to-Peer Sales Service.

6.2.1 The SALES CONTRACT

The SALES CONTRACT governs the sale of ARTICLES between BUYER and SELLER. DECATHLON is a third party to these transactions and is not liable for content or disputes arising from them.

6.2.2 The contract with DECATHLON

This contract covers the use of the PLATFORM, the Peer-to-Peer Sales Service, and access to Customer Service.

Article 7: Remuneration for Platform Use

DECATHLON provides services including customer support for the Peer-to-Peer Sales Service. For any platform-related issues, users can contact c2c.complaint@decathlon.be. This service does not replace legal rights or guarantees.

DECATHLON charges a COMMISSION of 12% on the price of each sale (excluding shipping costs), split equally: 6% from the SELLER and 6% from the BUYER.

Article 8: General Obligations of All Users

All USERS must provide accurate information, create only one account, use the PLATFORM solely for selling/buying ARTICLES, avoid illicit activities, not share misleading information, not use unauthorized photographs, and not infringe on intellectual property rights or applicable laws. Users must not introduce viruses or attempt to compromise the PLATFORM's integrity. They are prohibited from adapting, copying, modifying, distributing, or commercializing PLATFORM content without written consent.

By accepting these CGU, USERS declare they are 18 or older (or have parental/guardian supervision), act as CONSUMERS for personal benefit, have the capacity to sell, and are responsible for their contractual obligations.

Article 9: Specific Obligations of the Seller

SELLERS must be CONSUMERS, not PROFESSIONALS. They must accept the CGU, have a unique PSEUDONYM, a bank account, and sell only authorized second-hand ARTICLES. The platform's moderation system checks ARTICLES for compliance with categories, safety, legality, and DECATHLON's brand and values. Sellers must provide proof of conformity upon request, ensure ARTICLE availability, ship within 7 business days using the provided label, package adequately, inform customer service of any order cancellations, provide accurate descriptions, set fair prices, and not sell prohibited or unowned items.

Article 10: Specific Rights and Obligations of the Buyer

10.1 Buyer's Rights

BUYERs benefit from Belgian Civil Code provisions on obligations and civil liability. However, they do not have the right of withdrawal or legal guarantees as defined in the Belgian Code of Economic Law and the Civil Code.

10.2 Buyer's Obligations

BUYERs must be CONSUMERS, not PROFESSIONALS, accept the CGU, and have created a PLATFORM ACCOUNT.

Article 11: Intellectual Property

11.1 Regarding ARTICLES for Sale

SELLERS guarantee that ARTICLES do not infringe on third-party rights. In case of claims, SELLERS must inform the PLATFORM and cooperate in defense strategies.

11.2 Regarding CONTENTs Uploaded by the USER

All CONTENTs remain the property of the USER, who grants DECATHLON limited rights for their use on the PLATFORM. USERS guarantee they possess all necessary rights and authorizations for their CONTENTs.

11.3 Regarding the Intellectual Property of the DECATHLON GROUP

PLATFORM elements and CONTENTs are protected by intellectual property rights belonging to the DECATHLON GROUP. Reproduction, representation, modification, or adaptation of the PLATFORM or its elements is strictly prohibited.

Article 12: Management of Personal Data

DECATHLON acts as a joint controller for specific operations related to the PLATFORM, including product returns and delivery information. DECATHLON implements measures to protect user data but advises users to take precautions against cyber threats. Users are encouraged to protect their own data and software.

Article 13: Fiscal and Social Obligations

USERS are solely responsible for their fiscal and social obligations, including taxes (VAT, excise duties), social security, and tax withholdings. DECATHLON is not liable for VAT assistance or tax advice. The PLATFORM will share sales data with public authorities upon request.

Article 14: Other Obligations Related to Technical Solution and Peer-to-Peer Sales Service Use

14.1 Cooperation

USERS must cooperate with the TECHNICAL PROVIDER and the PLATFORM, report errors promptly, and authorize testing for platform operability.

14.2 Respect for the Intellectual Property of the Technical Solution

USERS must not infringe on the TECHNICAL SOLUTION, including copying, modifying, reverse-engineering, or using it to develop a competing solution. Accessing source code or circumventing technical protection measures is prohibited.

14.3 Content Access

The PLATFORM may host links to third-party sites. DECATHLON is not responsible for the content of these sites and users access them at their own risk. DECATHLON may temporarily interrupt access for maintenance and is not liable for technical issues, data loss, or software malfunctions.

14.4 Content Removal

As a hosting provider, DECATHLON is not liable for user-published content. However, upon notification of illicit content, DECATHLON will act promptly to remove it or make it inaccessible.

14.5 Internal Complaint Handling System

For complaints or disputes, users should first use DECATHLON's internal complaint system: c2c.complaint@decathlon.be.

Article 15: Confidentiality

USERS must maintain the confidentiality of information obtained on the PLATFORM and refrain from collecting, disclosing, or publishing user data or transaction details without authorization. This includes refraining from disclosing information that could affect other users' rights, such as intellectual property or privacy rights. Certain exceptions to confidentiality apply, such as information already in the public domain or legally required disclosures.

Article 16: Partial Nullity - Tolerance - Integrity of CGU - Force Majeure

If any provision of these CGU is declared void, the remaining provisions will remain in effect. Failure to enforce a clause does not constitute a waiver. Neither DECATHLON nor users are liable for failure to perform CGU due to force majeure events.

Article 17: Independence

USERS are not authorized to represent or engage DECATHLON in any way. They must not mislead others regarding their relationship with DECATHLON. The CGU preserve the independence of the PARTIES and do not create any subordination or representation link.

Article 18: Guarantees and Responsibilities

18.1 DECATHLON's Responsibility

DECATHLON acts as a technical intermediary and is not liable for information posted by SELLERS unless it has knowledge of its illicit nature and fails to act promptly. DECATHLON is not liable for the execution of ORDERS, SELLER's non-compliance with regulations, damages caused by ARTICLES, fraudulent use of the PLATFORM, force majeure, third-party disruptions, or maintenance-related unavailability.

18.2 Host Status

DECATHLON acts as a hosting service provider and reserves the right to remove illicit content as defined by EU Regulation 2022/2065. Decisions regarding content restriction or account suspension will be reasoned, except when legally prohibited.

18.3 USER's Responsibility

18.3.1 General Principles

USERS guarantee compliance with all CGU provisions. USERS must cooperate with DECATHLON in case of legal proceedings and may be called as a guarantor if their liability is established.

18.4.2 Abusive Use of the PLATFORM

DECATHLON may suspend services for users who frequently post manifestly illicit content, based on a case-by-case assessment.

Article 19: Insurance

DECATHLON holds civil liability insurance for its own responsibilities. SELLERS are solely responsible for their ARTICLES and any damages arising from them.

Article 20: DECATHLON's Right to Delete Accounts

20.1 Right of Account Deletion

DECATHLON reserves the right to delete a USER's ACCOUNT for abusive use, serious or repeated violation of CGU, to ensure platform safety, or in accordance with legal requirements, with prior written notification and justification.

Article 21: Acceptance and Effective Access

USERS must read and accept the CGU to use the PLATFORM as a BUYER or SELLER. No use of the PLATFORM is permitted without acceptance.

Article 22: Language of the General Terms and Conditions of Use for the Peer-to-Peer Sales Service

These CGU are drafted in French and Dutch. In case of discrepancy, the French version prevails.

Article 23: Competent Jurisdiction and Applicable Law

These CGU are governed by Belgian law. Disputes will be settled by the courts of the defendant's domicile. Optional mediation is available through recognized Belgian mediation centers or the EU online dispute resolution platform. If mediation fails, the dispute will be submitted to the competent court.