Modified on: Sun, 25 Aug, 2019 at 5:07 PM
"Test it, Love It!" is a unique trialing service Decathlon Australia offers.
Every Decathlon Member has the opportunity to try out one of our innovative Passion Brand products for up to 7 days, absolutely free of charge!
To become a Decathlon Member, click on "Sign in" in the top right corner of our Decathlon website.
If you love the product, you're absolutely welcome to buy it, but if you weren't convinced of the quality or value of the item, then you can return it, free of charge.
This is one of the many benefits of membership with Decathlon Australia, and another way we aim to Delight our fans!
The following is the Test it, Love It! policy terms and conditions:
- Test it! Love It! Program
4.1 The Member acknowledges and agrees that their participation in the Test it! Program is subject to the Terms of this clause 4.
4.2 Members may only test products in the Test it! Program where those products are available and in-stock in store on the date of the Member's request. It is not possible to order or specifically reserve products for testing.
4.3 The Test it! Program is not available in respect of food and cosmetic products.
4.4 The products in the Test it! Program may be brand new products and/or Used Products.
4.5 The Test it! Program is valid at all Decathlon stores in Australia. The Test it! Program is not available on the Website.
4.6 To test the products, individuals must be:
(a) aged 18 or over; and
(b) a current Member of the Membership Program.
4.7 Each Member may only request to borrow and test one product at a time, subject to availability in store, for a maximum period of 7 calendar days commencing from the time of collection of the product from the Decathlon store (hereinafter “Testing Period”).
4.8 At the time of collection of the product:
(a) Decathlon will not provide any documentation to the Member. The product’s identification and condition (brand new or used) at the time of collection shall be indicated in Decathlon’s system. However, Decathlon will provide this information to the Member at the Member’s request.
(b) The Member must provide Decathlon with:
(i) their Membership number ;
(ii) their valid Driver's Licence or Passport,
in order for Decathlon to make a copy of the Member’s document. Such documents will be stored in a secured file in the Decathlon store and returned to the Member at the completion of the Testing Period or destroyed.
(c) Unless the information in (b) is provided, the Member will not be entitled to participate.
4.9 The Member acknowledges and agrees:
(a) the borrowed product and all accessories must be returned:
(i) to the Decathlon store from which it was collected by the Member on or before the end of the Testing Period; and during the store’s opening hours; and
(ii) in the same condition in which it left the Decathlon store;
(b) s/he will be solely responsible for the use of the product during the Testing Period; and
(c) that, shortly after the product is returned at the completion of the Testing Period, Decathlon will evaluate the condition of the product to determine whether the product has been damaged and can continue to be used as a testing product. If not, Decathlon will inform the Member of the amount to be paid (the recommended retail price of the said product) and the Member must attend the Decathlon store in order to pay the corresponding amount.
4.10 The Member acknowledges and agrees that:
(a) In event that the Member fails to return the product in accordance with paragraph 4.9(a) s/he shall pay the recommended retail price of the product in full. In this case, shortly after the completion of the Testing Period, Decathlon will contact the Member and require payment to be made. An E-receipt will be issued after the payment is received.
(b) In the event that Decathlon determines at its sole discretion that the product was returned in a damaged condition (for example, where the product is broken and/or an accessory part of the product is missing), the Member shall be solely responsible for the payment of the product’s current recommended retail price.
4.11 Any costs associated with the return of the product to the store shall be the sole responsibility of the Member.
4.12 No title in the product shall pass to the Member until the Member pays Decathlon for the borrowed product in full.
4.13 If the Member does not return the product on or before the end of the Testing Period:
(a) the Member shall be liable to pay and shall pay to Decathlon, a fee calculated at a rate of 20% (twenty percent) of the recommended retail price in dollars, for each day of delay, after the completion of the Testing Period. Such fee shall apply for up to 3 days after the date the product was required to be returned to the store; and
(b) after this 3 days period, Decathlon will consider that the product is non-delivered and the Member will be liable to pay and shall pay to Decathlon, a fee equivalent to the recommended retail price of the product, less any amount charged and paid by the Member for the daily late delivery fee.
4.14 In the event that the Member fails to:
(a) return the product to the store by the date which is three (3) days after the conclusion of the Testing Period; and
(b) to pay the amounts payable under clause 4.13for the product directly in store within 72 (seventy two) hours and, following Decathlon’s instructions, the corresponding amount if need be,
Decathlon reserves all its rights, including the right to report the theft of the product to the police and/or to commence a debt recovery action against the Member to recover an amount equivalent to the recommended retail price of the product which is not returned.
4.15 To the maximum extent permitted by law, Decathlon is not responsible for any damages, accidents or other events resulting from the use of the product during the period in which it is held by the customer.
4.16 Risk Warning: The Member acknowledges, understands and agrees that:
(a) there may be an inherent risk associated with the product he/she has selected for use in the Test it! Program and that the product selected may be potentially hazardous and/or may cause injury or illness, which may or may not depend on the manner in which the Member uses the product. Injuries that may occur due to the Member’s participation in the Test it! Program may include temporary or permanent disability and even death and the Member’s use of the product may involve other risks not noted in these Terms.
(b) their participation in the Test it! Program is at his/her own risk, on a voluntary basis and there is no guarantee of his/her safety and that the risks noted above may be caused by his/her own acts or omissions, the acts or omissions of others, the condition and/or layout of the location where the product is used or other risks not known to the Member or that are readily foreseeable at the time of becoming a Member.
4.17 Acknowledgment and Consent: The Member acknowledges and confirms that:
(a) s/he is in good health (physically and mentally) and does not suffer from any known medical problem, disability or condition (physical or mental) that would limit his/her participation, adversely affect his/her physical well-being or increase his/her risk of injury or illness as a result of participating in the Test it! Program;
(b) s/he agrees to participate in the Test it! Program in a manner that is not reckless or dangerous to themselves or other people and with all necessary personal protective equipment; and
(c) the product shall be used according to the rules and instructions for each product.
4.18 Assumption of Risk: Notwithstanding the risks of physical harm and injury which may be inherent in the Member’s participation in the Test it! Program, some of which are noted above, s/he agrees to participate in the Test it! Program at his/her own risk.
4.19 Waiver, Release and Indemnity
(a) The Member agrees that the provisions of the Competition and Consumer Act 2010 (Cth) and any similar State/Territory legislative provisions (which provide for an implied warranty that services be rendered with due care and skill and that any materials supplied in connection with those services will be reasonably fit for purpose) are excluded and do not apply to this Agreement in so far as they relate to liability for death or personal injury from the Member’s participation in the Program.
(b) In consideration for the Member’s participation in the Test it! Program and to the full extent permitted by law, the Member hereby agrees to release, waive, discharge and forever hold harmless, and to indemnify Decathlon (including its related companies in the Decathlon Group and their respective officers, directors, employees) from and against any and all claims, rights, demands, lawsuits or causes of action (known or unknown) resulting from his/her voluntary participation in the Test it! Program or in any event incidental to the Test it! Program, whether direct, consequential or foreseeable, and whether caused by accident or negligence or willful omission, breach of law, breach of statutory duty or otherwise in connection with the Test it! Program.
(c) The Member agrees that the above waiver, release, discharge and indemnity shall operate in favour of Decathlon (including its related companies in the Decathlon Group and their respective officers, directors, employees) and shall so operate whether or not the loss, injury or damage is due to or attributable to any act, negligence or omissions of any one or more of them.
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