Bike Damage & Theft Insurance Decathlon - Protect Your Sports Equipment
Discover the Damage & Theft insurance for bikes offered by Decathlon Insurance. Protect your bike against accidents and theft with flexible and accessible options. Ideal for all cyclists.
Protect your bike against damage & theft
24/7
DECATHLON Bike Insurance
Security, simplicity, peace of mind
starting from €10*
- 1 year for the Damage and Theft offer and 2 years for the Damage offer
ONE-TIME PAYMENT FOR 1 YEAR
| BIKE PRICE | CODE TO SCAN AT CHECKOUT |
|---|---|
| from €0 to €119.99 | €10 |
| from €120 to €199.99 | €15 |
| from €200 to €299.99 | €25 |
| from €300 to €499.99 | €35 |
| from €500 to €749.99 | €55 |
| from €750 to €999.99 | €70 |
| from €1000 to €1499.99 | €110 |
| from €1500 to €1999.99 | €140 |
| from €2000 to €3999.99 | €220 |
| from €4000 to €5999.99 | €320 |
| from €6000 to €10000 | €420 |
Also enjoy online subscription: the monthly subscription is available exclusively at decathloninsurance.com
UP TO 6 DAYS
to subscribe to the Damage & Theft insurance after purchasing the bike.
Coverage
- Puncture, fall, shock, accident
- Theft of the bike and accessories such as approved locks or items fixed to the bike
Bike covered 24/7, provided it is secured by the frame to a fixed point with a high-security lock (min 7/10).
Some examples:
- You hit an unexpected obstacle.
- Your bike is damaged in an accident with a third party.
- You accidentally fall.
Proof of purchase of your lock is mandatory to be insured.
DAMAGE & THEFT INSURANCE 1 year
Your Decathlon account is mandatory to subscribe.
ONE-TIME PAYMENT FOR 2 YEARS
| BIKE PRICE | CODE TO SCAN AT CHECKOUT |
|---|---|
| from €0 to €199.99 | €10 |
| from €200 to €299.99 | €20 |
| from €300 to €499.99 | €30 |
| from €500 to €749.99 | €45 |
| from €750 to €999.99 | €59 |
| from €1000 to €1499.99 | €79 |
| from €1500 to €1999.99 | €99 |
| from €2000 to €3999.99 | €139 |
| from €4000 to €5999.99 | €159 |
| from €6000 to €10000 | €179 |
Also enjoy online subscription: the monthly subscription is available exclusively at decathloninsurance.com
Coverage
- Puncture, fall, shock, accident
- Coverage for repairs (broken parts, warped wheel, broken frame).
UP TO 30 DAYS
to subscribe to the Damage insurance after purchasing the bike.
Workshop repair, no upfront costs, simple and quick declaration. Your Decathlon account is mandatory to subscribe.
About your contract:
Log in to your client area with your credentials and find your contract to easily manage your claims. At the end of the contract, an email will offer you to protect your property again monthly.
No fees during the repair.
Decathlon Insurance is:
- Bike repaired in our Decathlon workshops.
- Quick and simple subscription and declaration.
How to declare a claim?
For damage
- Fill out the form in your client area
- File a complaint + proof of purchase
- Declare the theft using the form
- Customer Service contacts you
- Automatic coverage
For a puncture
For a theft
Need help?
decathlon@evy.eu
We are here to assist you:
How to secure your bike?
- Use a long-term approved lock.
- Secure your bike by the frame to a fixed point.
Our tips:
- Prefer busy locations.
- Avoid leaving your bike outside at night on public roads.
- For electric bikes, remove the battery as soon as possible.
What is insured?
- New bike or second-hand bike, purchased from a Decathlon store (store or sold by Decathlon on the site www.decathlon.fr, www.decathlon.mq, www.decathlon.re or www.decathlon.gp) and whose references appear on the receipt, or on the confirmation email in case of online subscription, showing membership in the Contract.
Damage
Theft
Limit of Guarantees: Each guarantee (Damage and Theft) is limited to the Purchase Value of the insured Property during the validity period of the Guarantees. In case of Damage, the Member can therefore be compensated up to the Purchase Value of the Insured Property without limit of Claim. In case of compensation following a Theft of the insured Property and its guaranteed Accessories, a deductible of 15% remains the responsibility of the Insured.
The guarantees preceded by a checkmark are systematically provided for in the contract.
DAMAGE & THEFT INSURANCE
Information document on the insurance product Company: ONEY INSURANCE (PCC) LIMITED
Insurance company incorporated in Malta, registered in Malta under number C53202 located at 171 Old Bakery Street, Valletta, VLT1455 Malta, operating in France under free provision of services.
Insurance intermediary: IN CONFIDENCE INSURANCE, SAS registered with the Nanterre Trade and Companies Register under number 798 338 182 and with ORIAS under number 14 000 507 (www.orias.fr), agent of ONEY INSURANCE, governed by the French insurance code, and EVY Brokerage, a simplified joint-stock company (SASU) with a capital of €1,000, registered with the Paris Trade and Companies Register under number SIREN 918 000 852 and with ORIAS under number 22006093. Its registered office is located at 38, rue des Mathurins - 75008 Paris.
Product: Decathlon Bike Insurance – Damage & Theft N°ICIDCTDV24
What is not insured?
- Goods not corresponding to any product category listed above.
This information document presents a summary of the main guarantees and exclusions of the contract. It does not take into account your specific needs and requests. You will find complete information on this product in the pre-contractual and contractual documentation.
What type of insurance is it?
The guarantee “Decathlon Bike Damage & Theft Insurance” is an optional membership insurance, allowing members to benefit from the reimbursement or repair of their new or second-hand bike purchased in-store or sold by Decathlon on the site decathlon.fr, in case of Damage and Theft.
Are there exclusions to the coverage?
Common exclusions to the Guarantees:
- Consequences of civil or foreign war or insurrection or acts of terrorism or confiscation by authorities.
- Damage caused by Negligence.
- Intentional fault of the Insured or a Third Party.
- Use of the Insured Property in the context of a professional activity.
- Natural disaster phenomenon (except for a state of “natural disaster” recognized by inter-ministerial decree).
Specific exclusions to the Accidental material damage Guarantee:
- Damage to guaranteed Accessories only.
- Any Damage related to Wear.
- Battery failure – in the case of electric assistance bikes.
- Damage caused to the exterior parts of the Insured Property that does not impair its use – in accordance with the manufacturer's standards – such as scratches, chips, scratches.
- Material damage other than Accidental material damage.
- Damage resulting from the modification of the original characteristics of the Insured Property.
- Aesthetic damage.
- Puncture of a tire already showing externally visible wear.
- Damage related to the use of non-compliant or unsuitable peripherals, consumables, or accessories for the Insured Property – according to the manufacturer's standards.
- Damage resulting from non-compliance with the operating instructions in the manufacturer's notice for the Insured Property.
- Damage occurring when the Insured Property is entrusted to an installer or a repairer not approved by EVY.
- Damage for which the Insured cannot provide the damaged Insured Property.
- Costs of estimates or repair or assembly, installation, adjustment, and maintenance incurred by the Insured.
- Damage covered by the legal warranty relating to hidden defects under Articles 1641 and 1648 of the Civil Code.
- Damage covered by the legal warranty relating to compliance defects under Articles L 217-3 and following of the Consumer Code.
DECATHLON BIKE DAMAGE & THEFT INSURANCE
Theft:
- Theft of accessories not purchased at the same time as the Insured Property or within five (5) days following the purchase of the Insured Property;
- Theft of the Insured Property not secured by the frame to a fixed point using an approved Lock;
- Theft of the Insured Property placed on a vehicle's bike rack without locking systems (keys).
- Total or partial loss of the Insured Property.
- When the Insured is unable to provide the invoice/receipt of the approved Lock.
Where am I covered?
The Guarantees are effective for Claims occurring worldwide. However, the compensation for the Insured Property can only be carried out in metropolitan France (including Corsica), Réunion, Martinique, Mayotte, or Guyana.
What are my obligations?
Under penalty of nullity of the membership to the insurance contract or non-coverage:
At the membership to the contract
- Answer exactly the questions asked by the insurer.
- Provide all supporting documents requested by the insurer.
- Pay the contribution indicated in the contract.
During the contract
- Inform Evy by email of any change in situation.
In case of a claim
- Declare the claim to Evy within the time limits on the site www.decathloninsurance.com or by email to decathlon@evy.eu.
- Provide all necessary supporting documents for the claim to be processed.
- Do not repair the property yourself, nor mandate a repairer of your choice.
When does the coverage start and when does it end?
The effective date of the Guarantees is the date of possession of the Insured Property by the Member or by the recipient of said Property on behalf of the Member. The duration of the Guarantees is chosen by the Member at the time of membership and is indicated on the Membership Certificate; it can be for a firm duration of 1 year or 2 years depending on the subscribed Formula. The duration of the Guarantees cannot therefore be renewed.
How can I terminate the contract?
- In case of a compensated Claim: termination takes effect on the date of compensation of the Claim when the Insured has been compensated up to the Purchase Value of the Insured Property.
- In case of disappearance or total destruction of the Insured Property following an event not giving rise to the activation of the Guarantees: termination takes effect on the date of occurrence of this event.
- In case of reimbursement of the Insured Property by Decathlon. In this case, the Member must inform Evy to obtain a prorated refund of the premium paid.
- If the Member decides to exercise their right to terminate their contract under Article L.113-12 of the Insurance Code. The Member may then terminate the contract at the expiration of a one-year period, by sending a registered letter or an electronic registered mail to the Insurer at least two months before the expiration date of this contract.
- In all other cases provided for by the Insurance Code.
Implementation methods for the right of withdrawal and termination:
Online at the site: https://decathlon.customers.evy.eu/
When and how to make payments?
The amount of the contribution due by the Member is indicated on the Membership Certificate. The insurance contribution is paid by one of the payment methods offered by Decathlon at the time of membership.
INFORMATION & ADVICE SHEET
related to the collective insurance contract with optional membership n° ICIDCTDV24
DECATHLON meets standard requirements for advice by providing you with objective information so that you can make an informed decision and advising you on insurance consistent with your requirements and needs.
- The original Property whose references appear on the purchase invoice:
- The bike
- The entire range of children's bikes
- And also the guaranteed Accessories: Items fixed to the bike such as: front basket, saddlebags, counter, lighting system, bike pump, water bottle, luggage rack, kickstands, and locks appearing on the same receipt as the Insured Property.
These items must have been purchased new or second-hand in a store or on the Decathlon site by the Member, and thus mentioned on the purchase invoice. To be guaranteed, accessories must be purchased at the same time as the insured bike or within 5 days (see T&Cs).
Your personal situation
You are a DECATHLON customer and wish to cover the Property you purchased in-store or on the site www.decathlon.fr, against the risk of DAMAGE & THEFT. In light of the information you provided regarding your insurance wishes, the contract “DECATHLON BIKE DAMAGE & THEFT INSURANCE” n°ICIDCTDV24 presented by DECATHLON seems to constitute a suitable solution for your needs.
Contribution
The contribution is defined based on the purchase price including taxes of the property and its amount is indicated on the membership certificate.
Remuneration
The client is informed that for the distribution of any insurance contract, the broker is compensated by a commission (the amount of which is included in the insurance premium) granted by the insurance company or the wholesale broker who authorizes it to market the insurance products offered to the client, and/or any other economic advantage related to the distribution of said insurance contract, or a combination of the aforementioned remunerations, which may possibly be supplemented by management fees when one or more delegations are entrusted by the insurer or the wholesale broker. Furthermore, fees and/or charges, the actual amount of which will have been communicated to the client prior to the signing of the insurance contract(s), may also be charged. Regardless of the method of its remuneration, Evy and Ogéa commit to ensuring that it has no negative effect on the quality of the service provided to you and that it does not harm our obligation to act in a manner that is honest, impartial, and professional in your best interests.
WHAT TO DO BEFORE JOINING?
We also advise you to carefully read the standardized information document, and the General Conditions of the VÉLO DÉCATHLON DAMAGE & THEFT insurance which contain the details of the coverage conditions, as well as the limits and exclusions of the insurance. Verify that the guarantee corresponds to your needs and that you are not already covered elsewhere for the same risks. You have the option to exercise your right of withdrawal within 30 calendar days following your membership, without fees or penalties.
General conditions of the collective insurance contract with optional membership n° ICIDCTDV24
(referred to hereinafter as “DECATHLON BIKE DAMAGE & THEFT INSURANCE”):
- Subscribed by OGEA SAS, trade name: DECATHLON INSURANCE, a company with a share capital of €400,000 - RCS Lille 501 766 992 - Registered office: 4 boulevard de Mons 59650 Villeneuve d’Ascq, an insurance brokerage company registered with ORIAS under number 08 040 426, hereinafter referred to as “Decathlon” or “the Subscriber”.
- With ONEY INSURANCE (PCC) LIMITED, an insurance company under Maltese law with a capital of €5,600,000, registered in the Maltese register under number C53202 having its registered office at 171, Old Bakery Street, Valletta, VLT1455 Malta operating in France under free provision of services, hereinafter referred to as “the Insurer”.
- Through In Confidence Insurance which acts as an agent of Oney Insurance (PCC) Limited for the subscription of contracts. ICI is a simplified joint-stock company with a capital of €1,000, registered in the Nanterre Trade and Companies Register under number 798 338 182, registered in the insurance intermediaries register as an insurance agent under number 14 000 507 (www.orias.fr), and whose registered office is located at 4.
avenue Laurent Cely – Tour d’Asnières Hall D – 92600 Asnières sur Seine, hereinafter referred to as “ICI” or “In Confidence Insurance”;
- EVY BROKERAGE, (acting under the Evy brand), a simplified joint-stock company (SASU) with a capital of €1,000, registered in the Paris Trade and Companies Register under number SIREN 918 000 852 and with ORIAS under number 20 006 093, whose registered office is located at 38 rue des Mathurins 75008 Paris. Evy Brokerage manages memberships by delegation from the Insurer;
- Evy Sp. Z o.o., a Polish company, registered in the Polish companies register under number 524 416 195 (Polish Regon number). Its registered office is located at ul. Krakowiaków 3602-255 Warszawa. The Insurer delegates the management of claims to Evy Sp. Z.o.o.
- Evy Brokerage and Evy Sp. Z.o.o are referred to as Evy.
The Contract is presented by DECATHLON and Evy.
The Contract is subject to applicable French regulations.
DECATHLON, In Confidence Insurance and Evy Brokerage, are subject to the control of the Prudential Control and Resolution Authority, 4 Place de Budapest, 75436, Paris Cedex 09.
ONEY INSURANCE (PCC) Limited is subject to the control of the Maltese authority: Malta Financial Services Authority (MFSA), Triq l-Imdina, Zone 1, Central Business District, Birkirkara CBD 1010, Malta.
The Insurer has entrusted EVY to be the contact person for Insured parties who subscribe to the “DECATHLON BIKE DAMAGE & THEFT INSURANCE”, for the implementation of their Guarantees, both regarding their membership and for the implementation of guarantees, claims management, and complaints.
EVY can be contacted by email at the following address: decathlon@evy.eu or on the site decathloninsurance.com.
1 - DEFINITIONS
- Guaranteed Accessories: Approved lock or items fixed to the bike and purchased at the same time as it such as: front basket, saddlebags, counter, lighting system, bike pump, water bottle, luggage rack, kickstands and appearing on the same receipt as the Insured Property or purchased in a Decathlon store within five (5) days following the purchase of the original Property.
- Accident: Any sudden, unpredictable event resulting from an external cause to the Insured Property.
- Member: refers to the adult individual specifically named on the Membership Certificate who resides in Metropolitan France (including Corsica), Réunion, Martinique, Mayotte, or Guyana, who has purchased the Insured Property from Decathlon and who has chosen to join the Contract. In case of transfer of ownership (resale) of the Insured Property, the buyer will become the new Insured of the Insured Property. This transfer of insurance will take effect at the time of the designation of the buyer as the insured with Evy. The designation of the new Insured with Evy must be done by email at the address decathlon@evy.eu.
- Insured: The Member and any individual using the Insured Property with the consent of the Member.
- Approved lock: a lock from the “Long-term approved locks” range sold in a Decathlon store, or of equivalent resistance to burglary (of similar dimensions and thickness) sold in another commercial outlet, which must have been acquired on the date of membership to the Contract or prior to that date.
- Insured Property: The original Property whose references appear on the purchase invoice or receipt, purchased new or second-hand in a Decathlon store or online on the site www.decathlon.fr (sold by Decathlon), or the Substitute Property.
- Original Property: new bike or second-hand bike, purchased from a Decathlon store (store or sold by Decathlon on the site www.decathlon.fr, www.decathlon.mq, www.decathlon.re or www.decathlon.gp) and whose references appear on the receipt, or on the confirmation email in case of online subscription, showing membership in the Contract.
- Second-hand bike: bike designated as “second-hand” by Decathlon and sold by Decathlon. Only the following bikes, after careful inspection and replacement of damaged parts with new ones, can fall under this definition: (i) display bike; (ii) bike with aesthetic damage; (iii) bike returned by the customer and unused; (iv) bike with damage to the packaging; (v) bike used but repurchased by Decathlon.
- Substitute Property: Property provided by the Decathlon store to the Insured under the legal warranty relating to compliance defects.
- Membership Certificate: refers to the document that complements these General Conditions and confirms membership in the Contract, on which the personal information of the Insured, the references of the Insured Property, as well as the amount of the contribution related to the insurance and the duration of the Contract, are indicated, given to the Insured at the time of membership in the Contract.
- Accidental material damage “Damage”: Any destruction, total or partial deterioration, externally visible, impairing the use – in accordance with the manufacturer's standards - of the Insured Property and caused by an Accident, subject to the “Exclusions of Guarantees” mentioned in Article 4 of the General Conditions.
- Formula: refers to the different sets of guarantees offered by Decathlon to the Insured, divided as follows: The guarantees are acquired only based on the Formula subscribed as indicated on the Membership Certificate.
- Deductible: amount deducted from the reimbursement of the guaranteed Bike and its guaranteed Accessories in case of Theft, corresponding to 15% of the purchase price including taxes of the Insured Property and its guaranteed Accessories.
- Guarantees: The insurance coverages offered by the contract, as described in these General Conditions.
- Decathlon: refers to one of the Decathlon stores listed on the link https://www.decathlon.fr/store-locator and mandated by the Subscriber to collect memberships to the Contract under the conditions set by Article L.513-1 of the Insurance Code, and whose identity is mentioned on the purchase proofs.
- Negligence: Lack of attention, vigilance, or precaution in the possession, use, or preservation of the Insured Property and which is the origin or has facilitated the occurrence of the Claim.
- Claim: Event likely to implement a Guarantee in the sense of the Contract.
- Third Party: Any person other than the Insured.
- Wear: Gradual deterioration of the Insured Property due to use in accordance with the manufacturer's operating or maintenance instructions.
- Purchase Value: Refers to the value including all taxes of the guaranteed Bike, excluding commercial discounts made in-store, on the site www.decathlon.fr, www.decathlon.mq, www.decathlon.re or www.decathlon.gp, as well as its accessories appearing on the receipt or purchase invoice.
- Compensation Value: Purchase Value, less the Deductible in case of Theft. In the event that the Member has already benefited from compensation for one or more Claims under this contract, the Compensation Value will correspond to the difference between the Purchase Value of the Insured Property after deduction of the Deductible and the sum of Claims already compensated under this contract. The Compensation Value cannot exceed the Purchase Value.
- Theft: Fraudulent removal of the Insured Property, by aggression, by break-in, or by clandestine entry, subject to the “Exclusions of Guarantees” mentioned in Article 4 of the General Conditions.
- Theft by aggression: Theft of the Insured Property committed by a Third Party exercising physical violence or a threat against the Insured subject to the “Exclusions of Guarantees” mentioned in Article 4 of the General Conditions.
- Theft by break-in: Theft of the Insured Property committed by a Third Party by forcing, degrading, or destroying security devices.
Extracts from the General Conditions
1 – Guarantees
- Theft by aggression: Theft of the Insured Property committed by a Third Party, consisting of entering, without the Insured's knowledge, into a closed and covered real estate premises occupied by the Insured, subject to the “Exclusions of Guarantees” mentioned in Article 4 of the General Conditions.
- Theft by clandestine entry: Theft of the Insured Property committed by a Third Party, consisting of entering, without the Insured's knowledge, into a closed and covered real estate premises occupied by the Insured, subject to the “Exclusions of Guarantees” mentioned in Article 4 of the General Conditions.
2 – Execution modalities of the contract
Membership in one of the Guarantees is done in-store at the time of purchase of the Original Property or remotely via a double-click signature within:
- 30 (thirty) days following the date of purchase of the Original Property for Formula 1 corresponding to the Accidental material damage insurance “Damage” 2 years;
- 6 (six) days following the date of purchase of the Original Property for Formula 2 corresponding to the Accidental material damage insurance “Damage” + Theft 1 year;
by any adult individual, who has previously taken note of these General Conditions.
Each membership concerns a single Insured Property.
Decathlon transmits to the Member the information and contractual documents on durable support: the insurance product information document (IPID), the Information and Advice Sheet (FIC), these General Conditions or, if the Member accepts, Decathlon transmits the information and contractual documents to the Member on durable support, sent by email, through Evy.
Membership occurs when the Member, having previously taken note of the insurance product information document (IPID), the Information and Advice Sheet (FIC) as well as these General Conditions, gives their consent to the firm insurance offer, and acknowledges having received all contractual documents, having taken note of them and accepting their terms and conditions.
In case of online membership on the site www.decathlon.fr, the Member pays the contribution related to the Contract to Evy at the time of membership.
In case of in-store membership, the Member pays the contribution related to the Contract to Decathlon at the time of membership.
The Member agrees to keep the contractual documents.
Once the membership is validated by Evy, the Membership Certificate will be sent to the Member by email.
Any membership in the insurance product is subject to the Member's registration in the Decathlon Loyalty Program.
The Member agrees to keep their Decathlon loyalty account active throughout the duration of the Contract. The Member agrees to provide Decathlon and Evy with any useful and necessary information for the management of their contract in compliance with insurance regulations.
It is reminded that the Member can withdraw from this Contract within thirty (30) calendar days from the date of membership (Article 9 of the General Conditions).
The Member must keep the General Conditions, the Membership Certificate, and the original purchase invoice and/or receipt attesting to the payment at the Decathlon store of the Original Property.
3 – Object and limit of the guarantees
Without prejudice to other provisions of the General Conditions:
The Guarantees aim to compensate the Member according to the chosen Formula in case of Accidental material damage or Theft by aggression, by break-in, or by clandestine entry of the Insured Property as well as the guaranteed Accessories (Article 5 of the General Conditions).
According to the chosen Formula, the Member will be compensated in the following cases:
- Accidental material damage occurring during the validity period of the Guarantees (specified in Article 5 of the General Conditions), and according to the compensation procedure (defined in Article 7 of the General Conditions). This guarantee is acquired regardless of the Formula subscribed.
- Theft by aggression occurring during the validity period of the Guarantees (specified in Article 5 of the General Conditions) and according to the compensation procedure (defined in Article 7 of the General Conditions).
- Theft by break-in occurring during the validity period of the Guarantees (specified in Article 5 of the General Conditions) and according to the compensation procedure (defined in Article 7 of the General Conditions): In public places, in common areas or the courtyard of a building provided that the guaranteed Property is secured by the frame to a fixed point, using an approved Lock.
- Theft by clandestine entry: Occurring during the validity period of the Guarantees (specified in Article 5 of the General Conditions), and according to the compensation procedure defined in Article 7 of the General Conditions.
Limit of the Guarantees
Each guarantee (Damage and Theft) is limited to the Purchase Value of the Insured Property during the validity period of the Guarantees.
In case of Damage, the Member can therefore be compensated up to the Purchase Value of the Insured Property without limit of Claim.
In case of compensation following a Theft of the Insured Property and its guaranteed Accessories, a deductible of 15% remains the responsibility of the Insured.
4 – Exclusions of guarantees
4.1 Common exclusions to the Guarantees
- Consequences of civil or foreign war or insurrection or acts of terrorism or confiscation by authorities.
- Claim caused by Negligence.
- Intentional fault of the Insured or a Third Party.
- Use of the Insured Property in the context of a professional activity.
- Natural disaster phenomenon (except for a state of “natural disaster” recognized by inter-ministerial decree).
4.2 Specific exclusions to the Accidental material damage Guarantee
- Any Damage related to Wear.
- Battery failure – in the case of electric assistance bikes.
- Damage caused to the exterior parts of the Insured Property that does not impair its use – in accordance with the manufacturer's standards – such as scratches, chips, scratches.
- Material damage other than Accidental material damage.
- Damage resulting from the modification of the original characteristics of the Insured Property.
- Aesthetic damage.
- Puncture of a tire already showing externally visible wear.
- Damage related to the use of non-compliant or unsuitable peripherals, consumables, or accessories for the Insured Property – according to the manufacturer's standards.
- Damage resulting from non-compliance with the operating instructions in the manufacturer's notice for the Insured Property.
- Damage occurring when the Insured Property is entrusted to an installer or a repairer not approved by EVY.
- Damage for which the Insured cannot provide the damaged Insured Property.
- Costs of estimates or repair or assembly, installation, adjustment, and maintenance incurred by the Insured.
- Damage covered by the legal warranty relating to hidden defects under Articles 1641 and 1648 of the Civil Code.
- Damage covered by the legal warranty relating to compliance defects under Articles L 217-3 and following of the Consumer Code.
4.3 Specific exclusions to the Theft Guarantee
- Theft of accessories not purchased at the same time as the Insured Property or within five (5) days following the purchase of the Insured Property.
- Theft of the Insured Property not secured by the frame to a fixed point using an approved Lock.
- Theft of the Insured Property placed on a vehicle's bike rack without locking systems (keys).
- Total or partial loss of the Insured Property.
- When the Insured is unable to provide the invoice/receipt of the approved Lock.
5 – Effective date, duration, and cessation of guarantees
5.1 Effective date of the Guarantees
The effective date of the Guarantees is the date of possession of the Insured Property by the Member or by the recipient of said Property on behalf of the Member.
5.2 Duration of the Guarantees
The duration of the Guarantees is chosen by the Member at the time of membership and is indicated on the Membership Certificate; it can be for a firm duration of 1 year or 2 years...
5.3 Guarantee in case of change of the Insured Property
In case of change of the Insured Property by a Substitute Property (see definition in Article 1 of the General Conditions), it is guaranteed under the same conditions, limits, and exclusions as the originally mentioned Insured Property on the purchase invoice, and this, for the remaining validity period of the guarantee for the Original Property, and subject to the provisions of Article 10 “Modification of the guarantee” of the General Conditions.
6. CLAIM DECLARATION
As soon as he becomes aware of a Claim and no later than five (5) working days (except in cases of fortuitous events or force majeure) and two (2) working days in case of Theft, the Insured must declare it to Evy. If the Insured does not comply with this claim declaration deadline and if the Insurer proves that this delay has caused him harm, the Insured will not enjoy the Guarantee (Article L 113-2 of the Insurance Code).
When declaring a Claim to Evy, the Insured must precisely describe the circumstances of the Claim and particularly the accidental origin of the Accidental material damage or Theft.
In case of Accidental Material Damage:
The Insured must:
- Refrain from making any repairs themselves.
- Refrain from mandating for repair a service after-sales of their choice.
- Comply with Evy's instructions for the damaged Insured Property.
- Declare the circumstances of the Accidental material damage.
In case of Theft by aggression, Theft by break-in, and Theft by clandestine entry:
The Insured must:
- File a complaint with the competent authorities, in which their name, first name, address, the Theft, the circumstances of the Theft, as well as the references of the Insured Property must be mentioned.
DOCUMENTS AND INFORMATION TO BE TRANSMITTED TO EVY:
The Insured must make their online claim declaration to EVY on the site decathloninsurance.com, or, failing that, by email to the following address: decathlon@evy.eu and provide Evy with the following documents in their claim declaration:
In all cases:
- The sworn statement of the exact circumstances of the Claim,
- Purchase invoice or receipt of the Insured Property and the guaranteed Accessories.
In case of Accidental Material Damage:
- The photograph of the damaged Insured Property.
- The Member must provide the damaged Insured Property in one of the Decathlon stores (according to Evy's instructions).
In case of Theft by aggression, Theft by break-in, and Theft by clandestine entry:
- The police report following the filing of the complaint, on which the circumstances of the Theft as well as the references of the Insured Property must be mentioned,
- The purchase invoice of the approved Lock,
- In case of Theft by aggression, proof of the aggression (medical certificate or testimony),
- In case of Theft by break-in, the Theft declaration made to the automobile or home insurer or the invoice for the costs of replacing locks or broken elements.
- At the end of the 5 (five) working days, if the Insured Property has not been found, a sworn statement attesting to this.
And more generally, any document that the Insurer deems necessary to assess the validity of the compensation request. If in bad faith, the Insured uses inaccurate documents as evidence, uses fraudulent means, or makes inaccurate or incomplete statements, the Guarantees will not be granted to him. The Insurer reserves the right to take legal action before criminal courts.
7. COMPENSATION PROCEDURE
Without prejudice to the terms and conditions of these General Conditions and subject to the acceptance of the Claim by the Insurer:
7.1 In case of Accidental material damage
Once the Claim declaration has been established by the Member under the conditions provided above and based on the provided photo, Evy proceeds to carry out a remote diagnosis and informs the Member of the procedure to follow. The Member goes to one of the Decathlon stores indicated by Evy and is equipped with the Insured Property as well as the claim number communicated to him. The store technician assesses the Insured Property.
In the case where the Insured Property is repairable: Evy transmits to the Member a coverage number that the latter will communicate to the technician before the repair of the Insured Property. The Insured Property is then repaired and returned to the Member.
In the case where the Member must advance the repair costs, with Evy's prior consent, the latter reimburses the Member by means of a Decathlon reimbursement voucher or a bank transfer of an amount equal to the amount indicated on the repair invoice.
In the case where the Insured Property is irreparable or if the cost of repair exceeds the Compensation Value: Evy proceeds to compensate the Member by means of a Decathlon reimbursement voucher of the Compensation Value or a bank transfer of an amount equal to the Compensation Value.
The Decathlon reimbursement voucher has a validity period limited to two (2) years from its issuance. If the Member does not use it or only uses it partially, within the two (2) year period:
- Decathlon will have the option, upon the Insured's request, to extend the validity of the reimbursement voucher.
The Member's written request must occur within two (2) years from the date of issuance of the Decathlon reimbursement voucher, with said card attached.
7.2 In case of Theft of the Insured Property or in case of Theft of the Insured Property as well as its approved Lock
EVY will provide the Member, on behalf of and for the account of the Insurer, and at the Member's choice, within 5 (five) working days from the decision to cover the Claim:
- Either, a Decathlon reimbursement voucher, for an amount equal to the Compensation Value.
The Decathlon reimbursement voucher has a validity period limited to two (2) years from its issuance. If the Member does not use it or only uses it partially, within the two (2) year period:
- Decathlon will have the option, upon the Insured's request, to extend the validity of the reimbursement voucher on the site www.decathloninsurance.com.
The Member's written request must occur within the 2 (two) years from the date of issuance of the Decathlon reimbursement voucher, with said card attached.
- Or, a bank transfer of an amount equal to the Compensation Value.
In all cases, less the Deductible and within the limit provided in article 3 Limits of guarantee.
7.3 Ownership of the Insurer
The Insured Property or the spare parts for which the Claim is covered will become the property of the Insurer upon payment of the Compensation Value to the Member (Article L.121-14 of the Insurance Code).
8. INSURANCE CONTRIBUTION
In return for the guarantee due from the Insurer, the Insured must pay a contribution whose amount depends on the purchase value of the Original Property. The amount of the contribution due by the Member is indicated on the Membership Certificate.
The contribution amount is payable in cash. The insurance contribution is paid by one of the payment methods offered by Decathlon. The Member agrees to inform Evy of any changes to the details on the credit card.
9. WITHDRAWAL FROM MEMBERSHIP
The Member benefits from a right of withdrawal from this contract for a period of thirty days (calendar) from its conclusion, without fees or penalties. However, if the Member benefits from one or more insurance premiums that are offered to him, such that he does not have to pay a premium for one or more months at the beginning of the execution of the contract, this period only starts from the payment of all or part of the first premium.
The exercise of the right of withdrawal is subject to the following four conditions:
- The Member has subscribed to this contract for non-professional purposes;
- This contract comes in addition to the purchase of a good or service sold by a supplier;
- The contract from which the Member wishes to withdraw has not been fully executed;
- The Member has not declared any Claim covered by this contract.
In this situation, the Member can exercise their right of withdrawal from this contract via the EVY website, accessible at the following address: https://decathlon.customers.evy.eu/. The Insurer is obliged to refund the premium paid, within thirty calendar days from the withdrawal.
Furthermore, to avoid overlapping insurances, the Member is invited to verify that they are not already a beneficiary of a guarantee covering one of the risks guaranteed by the contract they have subscribed.
Withdrawal modalities
The Member may exercise their right of withdrawal via the EVY website, accessible at the following address: https://decathlon.customers.evy.eu/. For this purpose, the Member must register in the client area and submit their withdrawal request within the dedicated insured space. No withdrawal request will be accepted by email or on another durable support.
10- TERMINATION AND MODIFICATION OF GUARANTEES
The Guarantees cease before their normal term in the following cases:
- In case of a compensated Claim: termination takes effect on the date of compensation of the Claim when the Insured has been compensated up to the Purchase Value of the Insured Property.
- In case of disappearance or total destruction of the Insured Property following an event not giving rise to the activation of the Guarantees: termination takes effect on the date of occurrence of this event.
- In case of reimbursement of the Insured Property by Decathlon. In this case, the Member must inform Evy to obtain a prorated refund of the premium paid.
- If the Member decides to exercise their right to terminate their contract under Article L.113-12 of the Insurance Code. The Member may then terminate the contract at the expiration of a one-year period, by sending a registered letter or an electronic registered mail to the Insurer at least two months before the expiration date of this contract.
- In all other cases provided for by the Insurance Code.
The Guarantees automatically cease at the expiration of the duration indicated in article 5.2.
Modification of information relating to the Beneficiary
Any modification of the information appearing on the Membership Certificate relating to the Insured's details (name or postal address) or any replacement of the Original Property by a Substitute Property must be declared by the latter to Evy.
11 - COMPLAINTS - MEDIATION
- In case of difficulty related to the management of a Claim, the Member can send their complaint to the Complaints Department of EVY, which can be contacted according to the following modalities:
- online complaint form on the site: www.decathloninsurance.com
- By email: reclamations@evy.eu
The Complaints Department of Evy commits to acknowledge receipt of the complaint within 10 working days following its date of sending (even if the response to the complaint is also provided within this period) and to provide a response to the complaint within a maximum of 2 months following its date of sending (unless special circumstances of which the Insured will then be informed).
- In case of rejection or refusal to fully or partially grant the complaint by the Complaints Department of Evy, the Insured can then address in writing to the Insurer (mentioning the references of the concerned file and attaching a copy of any supporting documents):
- By postal mail:
Oney Insurance (PCC) Limited
“Customer Relations” Service
171, Old Bakery Street Valletta, VLT 1455, Malta - By email: complaints@oney.com.mt
- By postal mail:
Oney Insurance (PCC) Limited
The Insurer will acknowledge receipt of the complaint within 10 working days following its date of sending and specify the maximum processing time for it. The above procedure does not apply if a court has been seized of the dispute either by the Member or by the Insurer.
If the disagreement persists after the response given by the Insurer, the Member can request the opinion of the Insurance Mediation whose contact details will be communicated to him by the Customer Service of the Insurer.
Insurance Mediation
TSA 50110
75441 PARIS Cedex 09
Or on the website: www.mediation-assurance.org.
The opinion of the Mediator is not binding on the parties in dispute, who retain the right to seize the courts and these provisions do not prevent the Member from using any other legal action. The provisions of this paragraph are understood without prejudice to other legal actions.
The Member may also in these conditions address any complaint to the Maltese Mediator at the following contact details: Office of the Arbiter for Financial Services: N/S in Regional Road, Msida MSD 1920, Malta or by phone (+356) 21249245 (foreign call rates may apply) or by email: complaint.info@asf.mt.
The provisions of this paragraph are understood without prejudice to other legal actions. In case of membership by electronic means, the Insured also has the option to use the Online Dispute Resolution (ODR) platform of the European Commission using the following link: http://ec.europa.eu/consumers/odr/
12 - MISCELLANEOUS PROVISIONS
Territoriality
The Guarantees are effective for Claims occurring worldwide. However, the compensation for the Insured Property can only be carried out in metropolitan France (including Corsica), Réunion, Martinique, Mayotte, or Guyana.
Applicable law – Competent jurisdiction
The language used throughout the duration of the contract is French. The pre-contractual relations and these General Conditions are governed by French law. Any dispute arising from the execution or interpretation of these General Conditions will be under the jurisdiction of French courts.
Insurance transfer
In case of transfer of ownership of the Insured Property, the buyer will become the new Member of the Insured Property. This transfer of insurance will take effect at the time of the designation of the buyer as the Member with Evy.
Limitation
Any action arising from the Contract is barred after 2 (two) years from the event that gave rise to it. The limitation can notably be interrupted by the designation of an expert following a Claim, or by sending – by the Insurer or by the Member to the other party – a registered letter with acknowledgment of receipt (Articles L.114-1, L.114-2 and L.114-3 of the Insurance Code).
Article L 114-1 of the Insurance Code
All actions arising from an insurance contract are barred after two years from the event that gave rise to them. However, this period does not run:
- In case of reticence, omission, false or inaccurate declaration regarding the risk incurred, only from the day the insurer became aware of it.
- In case of a claim, only from the day the interested parties became aware of it, if they prove that they were unaware of it until then. When the action of the insured against the insurer is based on the recourse of a third party, the limitation period only runs from the day this third party has taken legal action against the insured or has been compensated by the latter.
Article L 114-2 of the Insurance Code
The limitation...
is interrupted by one of the ordinary causes of interruption of the limitation and by the designation of experts following a claim. The interruption of the limitation of the action may also result from the sending of a registered letter or an electronic registered letter, with acknowledgment of receipt, sent by the insurer to the insured regarding the action for payment of the premium and by the insured to the insurer regarding the settlement of the indemnity.
The ordinary causes of interruption of the limitation, referred to in Articles 2240 to 2246 of the Civil Code, are:
- the summons to court, even in summary proceedings,
- the command or seizure,
- the acknowledgment by one party of the right of the other party.
Article L114-3 of the Insurance Code:
By derogation from Article 2254 of the Civil Code, the parties to the insurance contract cannot, even by mutual agreement, modify the duration of the limitation, nor add to the causes of suspension or interruption thereof.
Subrogation:
The Insurer may turn against the party responsible for the Claim to obtain reimbursement of the amount of the indemnity paid to the Member (Article L 121-12 of the Insurance Code).
Multiple insurance:
In accordance with the provisions of Article L 121-4 of the Insurance Code, when several insurances are contracted without fraud, each of them produces its effects within the limits of the guarantees of each contract, and in compliance with the provisions of Article L 121-1 of the Insurance Code.
Protection of personal data:
(a) REASONS FOR COLLECTING PERSONAL DATA
Oney Insurance (PCC) Limited (hereinafter referred to as the “Data Controller”) is the Data Controller of the data collected concerning Decathlon and the Member (hereinafter collectively referred to as “the Insured”). This processing is subject to Maltese, French, and European regulations (GDPR). For the purposes of this data protection policy, any reference to “personal data” also includes “sensitive personal data” within the meaning of the aforementioned European regulations.
The processing of personal data is necessary for the execution of the insurance contract. If the potential Insured wishes to conclude the insurance contract, they must accept this personal data protection policy. In cases where the processing of personal data is based on the consent of the Insured, it is their responsibility to withdraw it at any time; however, the Data Controller will not be able to manage the claims or insurance contracts of the Insured in such cases.
I. Purposes of processing
The Data Controller collects data from the Insured and processes it for the following main purposes:
- pricing,
- quotes,
- subscription and management of proposals,
- management of insurance contracts,
- processing requests and payment of claims for coverage,
- detection and prevention of fraud.
Some of the processing is imposed by applicable legislation, notably for notification to the competent authorities in case of suspicion of illegal activity or for the purposes of combating money laundering and the financing of terrorism. The Data Controller may also process Personal Data to grow its business, improve the distribution of its insurance products, enhance the range of products offered, and for statistical analyses.
II. Recipients of personal data and associated processing
The Data Controller may be required to process and/or collect certain Personal Data of the Insured by third parties, business partners, or competent authorities such as:
- Insurance Intermediaries (brokers, agents, intermediaries, etc.), or insurance distributors (partner brands, banks, etc.), claims managers - these partners process Personal Data for the main purposes of distributing insurance products, subscription and administration of contracts, and management of claims and disputes;
- Service providers (actuaries, lawyers, data archiving companies, debt collection companies, repairers, etc.) - these partners process Personal Data for the main purposes of providing ancillary services related to the subscription and administration of contracts and the management of claims and disputes;
- Health service providers (public or private hospitals, general practitioners or specialists, etc.) - these partners process Personal Data for the main purposes of assessing and compensating claims.
- Any other third party legally authorized to exchange Personal Data with the Data Controller for the purposes of distributing insurance products, subscription and administration of contracts, and management of claims and disputes such as the Insured's employers, Notaries, experts appointed by the parties, a court or an administrative authority, police authorities, or any other competent authority that may receive or process the Insured's Personal Data under the law.
III. Rights of the concerned individuals
The Insured have the right to access, rectify their erroneous data, delete their data in certain cases, receive it in a structured, commonly used, and machine-readable format, and have it transmitted by the Data Controller to another provider, when technically possible. However, some personal data are exempt from the above rights in accordance with applicable data protection legislation.
The Insured also have the right to request the deletion of their personal data. They have the right to set general and specific guidelines regarding the fate of their data after their death.
To exercise their rights, the Insured can contact the Data Protection Officer (DPO) at the following address: Data Protection Officer, Oney Insurance (PCC) Limited, 171, Old Bakery Street, Valletta, Malta, or by email at: dpo@oney.com.mt. Requests will be processed as soon as possible and no later than 30 days following receipt.
The Insured may also file complaints with the competent authorities for personal data protection, notably the Office of the Information and Data Protection Commissioner at the following website: https://idpc.org.mt/file-a-complaint/; The Insured can consult the full Data Protection Policy of the Data Controller in which the rules for processing and using personal data are defined on the following site: https://www.oneyinsurance.com/fr/data-protection/
The Data Controller is required to retain the Insured's Personal Data for a period not exceeding 10 years following the end of the contractual relationship. In general, the Insured's Personal Data will not be retained longer than necessary and will be used exclusively for the defined purposes.
(b) RECORDING
Telephone conversations between the Insured and EVY may be recorded to allow it, as well as the Insurer or the Subscriber, to carry out a quality control of the services rendered. The Insured have the option to oppose this recording by notifying it at the beginning of the conversation.
The data collected for the management of the membership and claims may be transmitted, under the conditions and modalities provided by the legislation and the authorizations obtained from the CNIL, to the subsidiaries and subcontractors of EVY outside the Union.
RIGHT TO OPPOSE COMMERCIAL PROSPECTION
The Insured have the right to oppose, free of charge, and without having to justify their request, the use of their information for commercial prospecting purposes. This right can be exercised at any time with the Data Controller at one of the addresses indicated above.
Regarding electronic prospecting, the Data Controller will also offer them the option to oppose, free of charge and simply, to receive commercial messages through this channel, whenever a prospecting email is sent to them.
The Insured have the option to register for free on the list opposing telephone solicitation by visiting the site www.bloctel.gouv.fr if they do not wish to be subject to commercial prospecting by phone. However, this registration is ineffective in certain cases enumerated by law; in particular, companies with which you have a contractual relationship, including the Data Controller if applicable, may continue to contact you regarding commercial offers related to your ongoing contract.
Legal guarantees for hidden defects and compliance defects
The Accidental material damage Guarantee of the Contract shall not prevent the Insured from benefiting from the legal guarantee relating to hidden defects under Articles 1641 to 1648 of the Civil Code as well as the guarantee relating to compliance defects under Articles L 217-3 and following of the Consumer Code, which are the exclusive responsibility of the Decathlon store:
Article 1641 of the Civil Code
The seller is liable for the guarantee due to hidden defects of the sold item which render it unfit for the use for which it is intended, or which diminish this use so much that the buyer would not have acquired it, or would have given only a lower price, if they had known.
Article 1648 of the Civil Code, paragraph 1
The action resulting from redhibitory defects must be brought by the buyer within two years from the discovery of the defect.
Article L217-3 of the Consumer Code
The seller delivers a good that conforms to the contract as well as to the criteria set out in Article L. 217-5. They are liable for compliance defects existing at the time of delivery of the good under the meaning of Article L. 216-1, which appear within two years from that date.
In the case of a sales contract for a good containing digital elements:
- When the contract provides for the continuous supply of digital content or a digital service for a duration of less than or equal to two years, or when the contract does not determine the duration of supply, the seller is liable for compliance defects of this digital content or this digital service that appear within two years from the delivery of the good;
- When the contract provides for the continuous supply of digital content or a digital service for a duration exceeding two years, the seller is liable for compliance defects of this digital content or this digital service that appear during the period during which it is provided under the contract.
For such goods, the applicable period does not deprive the consumer of their right to updates in accordance with the provisions of Article L. 217-19. The seller is also liable, during the same periods, for compliance defects resulting from packaging, assembly instructions, or installation when this has been made their responsibility under the contract or has been carried out under their responsibility, or when incorrect installation, performed by the consumer as provided in the contract, is due to shortcomings or errors in the installation instructions provided by the seller.
This warranty period applies without prejudice to Articles 2224 and following of the Civil Code. The starting point for the prescription of the consumer's action is the day of the consumer's knowledge of the compliance defect.
Article L217-4 of the Consumer Code
The good is compliant with the contract if it meets, where applicable, the following criteria:
- It corresponds to the description, type, quantity, and quality, notably regarding functionality, compatibility, interoperability, or any other characteristic provided for in the contract;
- It is suitable for any special use sought by the consumer, brought to the seller's attention no later than at the time of conclusion of the contract and accepted by the latter;
- It is delivered with all accessories and installation instructions, which must be provided in accordance with the contract;
- It is updated in accordance with the contract.
Article L217-5
I. In addition to the criteria for compliance with the contract, the good is compliant if it meets the following criteria:
- It is suitable for the usual expected use of a good of the same type, taking into account, where applicable, any provision of European Union law and national law as well as all technical standards or, in the absence of such technical standards, specific codes of conduct applicable to the relevant sector;
- Where applicable, it has the qualities that the seller presented to the consumer in the form of a sample or model, before the conclusion of the contract;
- Where applicable, the digital elements it contains are provided according to the most recent version available at the time of conclusion of the contract, unless the parties agree otherwise;
- Where applicable, it is delivered with all accessories, including packaging, and installation instructions that the consumer can legitimately expect;
- Where applicable, it is provided with updates that the consumer can legitimately expect, in accordance with the provisions of Article L. 217-19;
- It corresponds to the quantity, quality, and other characteristics, including in terms of durability, functionality, compatibility, and safety, that the consumer can legitimately expect for goods of the same type, given the nature of the good as well as the public statements made by the seller, by any person upstream in the transaction chain, or by a person acting on their behalf, including in advertising or labeling.
II. However, the seller is not bound by all public statements mentioned in the preceding paragraph if they demonstrate:
- That they did not know them and were legitimately unable to know them;
- That at the time of conclusion of the contract, the public statements had been rectified under conditions comparable to the initial statements; or
- That the public statements could not have influenced the purchasing decision.
III. The consumer cannot contest compliance by invoking a defect concerning one or more specific characteristics of the good, of which they were specifically informed that they deviated from the compliance criteria set out in this article, deviation to which they expressly and separately consented at the conclusion of the contract.
Article L217-6
When, in the context of the contract, a processing of personal data is carried out by the professional, a breach on their part of the obligations incumbent on them under Regulation (EU) 2016/679 of April 27, 2016, and Law No. 78-17 of January 6, 1978, relating to information technology, files, and freedoms, as soon as this breach leads to non-compliance with one or more compliance criteria set out in this section, is assimilated to a compliance defect, without prejudice to other remedies provided for by these texts.
Article L217-7
Compliance defects that appear within twenty-four months from the delivery of the good, including...
of the good containing digital elements, are, unless proven otherwise, presumed to exist at the time of delivery, unless this presumption is incompatible with the nature of the good or the defect invoked. For second-hand goods, this period is set at twelve months. When the sales contract for a good containing digital elements provides for the continuous supply of digital content or a digital service, compliance defects that appear:
- During a period of two years from the delivery of the good, when the contract provides for this supply for a duration of less than or equal to two years or when the contract does not determine the duration of supply;
- During the period during which the digital content or the digital service is provided under the contract, when it provides for this supply for a duration exceeding two years.
Article L217-8
In case of a compliance defect, the consumer has the right to have the good brought into compliance by repair or replacement or, failing that, to a reduction in price or resolution of the contract, under the conditions set out in this subsection. The consumer also has the right to suspend payment of all or part of the price or the provision of the benefit provided for in the contract until the seller has fulfilled the obligations incumbent on them under this chapter, under the conditions of Articles 1219 and 1220 of the Civil Code. The provisions of this chapter are without prejudice to the allocation of damages.
Article L217-9
The consumer is entitled to demand that the good be brought into compliance with the criteria set out in subsection 1 of this section. The consumer requests the seller to bring the good into compliance, choosing between repair and replacement. For this purpose, the consumer makes the good available to the seller.
Article L217-10
The compliance of the good takes place within a reasonable time which cannot exceed thirty days following the consumer's request and without major inconvenience to them, taking into account the nature of the good and the use sought by the consumer. The repair or replacement of the non-compliant good includes, where applicable, the removal and return of this good and the installation of the repaired good or the replacement good by the seller. A decree specifies the modalities of bringing the good into compliance.
Article L217-11
The compliance of the good takes place without any cost to the consumer. The consumer is not required to pay for the normal use they made of the replaced good during the period prior to its replacement.
Article L217-12
The seller may not proceed according to the choice made by the consumer if the requested compliance is impossible or results in disproportionate costs in particular:
- Of the value that the good would have in the absence of a compliance defect;
- Of the importance of the compliance defect; and
- Of the possible option to choose the other option without major inconvenience to the consumer.
The seller may refuse to bring the good into compliance if this is impossible or results in disproportionate costs, notably regarding points 1° and 2°. When these conditions are not met, the consumer may, after formal notice, pursue the forced execution of the initially requested solution, in accordance with Articles 1221 and following of the Civil Code. Any refusal by the seller to proceed according to the consumer's choice or to bring the good into compliance is motivated in writing or on durable support.
Article L217-13
Any good repaired under the legal warranty of compliance benefits from an extension of this warranty of six months. As soon as the consumer chooses repair but this is not implemented by the seller, compliance through the replacement of the good triggers, to the benefit of the consumer, a new legal compliance warranty period attached to the replaced good. This provision applies from the day the replacement good is delivered to the consumer.
Article L217-15
In the cases provided for in Article L. 217-14, the consumer informs the seller of their decision to obtain a reduction in the price of the good. The price reduction is proportional to the difference between the value of the delivered good and the value of this good in the absence of a compliance defect.
Article L217-16
In the cases provided for in Article L. 217-14, the consumer informs the seller of their decision to terminate the contract. They return the goods to the seller at the seller's expense. The seller refunds the consumer the price paid and returns any other benefit received under the contract.
If the compliance defect only concerns certain goods delivered under the sales contract, the consumer has the right to terminate the contract for all goods, even those not covered by this chapter, if it cannot reasonably be expected of them to accept to keep only the compliant goods. For contracts mentioned in II of Article L. 217-1, providing for the sale of goods and, as an accessory, the provision of services not covered by this chapter, the consumer has the right to terminate the entire contract. Furthermore, in the case of a bundled offer within the meaning of Article L. 224-42-2, the consumer has the right to terminate all related contracts. The respective obligations of the parties to the contract, mentioned in Article L. 224-25-22 and relating to the consequences of termination for digital content and digital services, apply to the termination of the sales contract for a good containing digital elements.
Article L217-17
The refund to the consumer of the amounts due by the seller under this subsection is made upon receipt of the good or proof of its return by the consumer and at the latest within fourteen days following.
The seller refunds these amounts using the same payment method used by the consumer at the conclusion of the contract, unless expressly agreed otherwise by the latter and in any case without additional costs.
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