Last Updated: 24th September, 2015
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY
This website is provided and made available by New Balance Athletic Shoes (UK) Limited a company registered in England and Wales under company number 01616165 with its registered office at Appleton House, 430 Birchwood Boulevard, Birchwood, Warrington, Cheshire WA3 7WD and with VAT number 374927709 and its affiliates (herein referred to as “New Balance”, “we,” “us” or “our”).
By using the websites located at "www.newbalance.co.uk”and the pages, features, information, content, applications and services contained therein from time to time (collectively, the “Service”), you agree to these terms and conditions (“Terms and Conditions” or this “Agreement”), whether you are a “Visitor” (which means that you simply browse the Service) or you are a “Member” (which means that you have registered or transacted with the Service or a component thereof). The term “User” refers to a Visitor or a Member. If you do not agree to these Terms and Conditions, you should not use any part of the Service.
New Balance reserves the right to make changes to the Service and these Terms and Conditions at any time. The changes will take effect upon their posting on the Service (unless otherwise noted in such changes). Please review these Terms and Conditions as often as you feel necessary, since your continued viewing of and/or use of the Service will serve as your confirmation that you agree with and accept any and all changes. If you are a Member and you do not agree with such changes, your sole remedy is to cancel your registration to the Service and discontinue all use of the Service.
To understand our privacy practices, please review our Privacy and Cookies Notice, which also governs your use of the Service. We advise you to print out these Terms and Conditions and any Dispatch Confirmation for your own records.
PART 1 SUPPLY OF GOODS
1. APPLICABLE TERMS AND CONDITIONS
The sale of any products listed on our website (“Products”) will be governed by the Terms and Conditions set out in clauses 2 10 below which will apply to any contract between us for the sale of Products to you (“Contract”). Please read these Terms and Conditions carefully and make sure that you understand them, before ordering any Products from our website. Please note that before placing an order you will be asked to agree to these Terms and Conditions. If you refuse to accept these Terms and Conditions, you will not be able to order any Products from our website.
2. CONTACTING US IF YOU ARE A CONSUMER
2.1 To cancel a Contract in accordance with your legal right to do so as set out in clause 5, you just need to let us know that you have decided to cancel in the way set out in clause 5.3.
2.2 If you wish to contact us for any other reason, including because you have any complaints, you can contact us by telephoning our customer service team or by e-mailing us on our contacts page.
2.3 If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
3. OUR PRODUCTS
3.1 The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images.
3.2 The packaging of the Products may vary from that shown on images on our site.
4. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
4.1 Our shopping pages will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
4.2 All orders that you place on this website will be subject to acceptance in accordance with these Terms and Conditions. Following your confirmation and placing of the order we send out an acknowledgement email detailing the order and the final price you will pay for the Products including tax and shipping costs. Please note that this email is not an order confirmation or order acceptance of your order by New Balance and we reserve the right to reject such order or limit the quantity of Products under such order. Our acceptance of your order will take place as described in clause 4.3.
4.3 We will confirm our acceptance to you by sending you an e-mail that confirms that the Products have been dispatched (Dispatch Confirmation). The Contract between us will only be formed when we send you the Dispatch Confirmation.
4.4 If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because we cannot meet your requested delivery date, we will inform you of this by e-mail and we will not process your order.
5. YOUR CONSUMER RIGHT OF RETURN AND REFUND
5.1 If you are a consumer, you have a legal right to cancel a Contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (the "Regulations") during a specified cancellation period. This means that during the cancellation period if you change your mind or decide for any other reason that you do not want to receive or keep a Product, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract is available from your local Citizens’ Advice Bureau or Trading Standards office.
5.2 Your legal right to cancel a Contract starts from the date of the Dispatch Confirmation (the date on which we e-mail you to confirm our acceptance of your order), which is when the Contract between us is formed. Your deadline for cancelling the Contract then depends on what you have ordered and how it is delivered. The Regulations specify a 14 day cancellation period starting on the date of delivery but we have chosen to extend this to give you more time to decide whether or not you wish to return a product. The cancellation periods are shown in the table below:
|Your Contract||End of the cancellation period|
|Your Contract is for a single Product (which is not delivered in instalments on separate days).||The end date is the end of 30 days after the day on which you receive the Product. Example: if we provide you with a Dispatch Confirmation on 1 January and you receive the Product on 10 January you may cancel at any time between 1 January and the end of the day on 9 February.|
|Your Contract is for multiple Products which are delivered on separate days.||The end date is 30 days after the day on which you receive the last of the separate Products ordered. Example: if we provide you with a Dispatch Confirmation on 1 January and you receive the first of your separate Products on 10 January and the last separate Product on 15 January you may cancel in respect of any or all of the separate Products at any time between 1 January and the end of the day on 14 February.|
Orders placed between 13 November, 2015 and 26 December, 2015 can be returned for up to 60 days after the merchandise have been received.
5.3 To cancel a Contract, you just need to let us know that you have decided to cancel.
You can e-mail us or contact our Customer Services team by telephone or by post using the e-mail address or the telephone number or postal address for your country as set out on our contacts page. If you are e-mailing us or writing to us please include details of your order to help us to identify it. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you send us the e-mail or post the letter to us. For example, you will have given us notice in time as long as you get your letter into the last post on the last day of the cancellation period or e-mail us before midnight on that day. For further information on how to return Products, please see our FAQs page.
5.4 If you cancel your Contract we will:
(a) refund you the price you paid for the Products. However, please note we are permitted by law to reduce your refund to reflect any reduction in the value of the Products, if this has been caused by your handling them in a way which would not be permitted in a shop. See our FAQs page for information about what handling is acceptable and examples]. If we refund you the price paid before we are able to inspect the Products and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
(b) refund any delivery costs you have paid, although, as permitted by law, the maximum refund will be the costs of delivery by the least expensive delivery method we offer (provided that this is a common and generally acceptable method). For example, if we offer delivery of a Product within 3-5 days at one cost but you choose to have the Product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
(c) make any refunds due to you as soon as possible and in any event within the deadlines indicated below:
(i) if you have received the Product and we have not offered to collect it from you: 14 days after the day on which we receive the Product back from you or, if earlier, the day on which you provide us with evidence that you have sent the Product back to us. For information about how to return a Product to us, see clause 5.6;
(ii) if you have not received the Product or you have received it and we have offered to collect it from you: 14 days after you inform us of your decision to cancel the Contract.
5.5 We will refund you on the credit card or debit card used by you to pay. If you used vouchers to pay for the Product we may refund you in vouchers.
5.6 If a Product has been delivered to you before you decide to cancel your Contract:
(a) then you must return it to us without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the Contract. You can either send it back, return it to us via our authorised carrier using the return label enclosed with your Product. Please see our FAQs page for our returns address;
(b) unless the Product is faulty or not as described (in this case, see clause 10), you will be responsible for the cost of returning the Products to us. If we have offered to collect the Product from you, we will charge you the direct cost to us of collection.
5.7 Because you are a consumer, we are under a legal duty to supply Products that are in conformity with this Contract. As a consumer, you have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by your right of return and refund in this clause 5 or anything else in these Terms and Conditions. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
6.1 Following receipt of the Dispatch Confirmation you will be able to track the progress of your order through our authorized carrier. Please contact the carrier using the details set out in the Dispatch Confirmation if you require an estimated delivery date. Occasionally our delivery to you may be affected by an Event Outside Our Control. See clause 25 for our responsibilities when this happens.
6.2 Delivery of an order shall be completed when we deliver the Products to the address you gave us and the Products will be your responsibility from that time.
You acknowledge that you are responsible for whatever Content you submit, and you, not New Balance, shall have full responsibility for the Content, including its legality, reliability, appropriateness, originality, and non-interference with third-party rights.
6.3 You own the Products once we have received payment in full, including all applicable delivery charges.
6.4 If we miss a delivery deadline for any Products then you may cancel your Contract straight away if any of the following apply:
(a) we have refused to deliver the Products; or
(b) you told us before we accepted your order that delivery within the delivery deadline was essential.
7. INTERNATIONAL DELIVERY
7.1 We deliver to addresses in Austria, Belgium, France, Germany, Ireland, Italy, Luxembourg, Netherlands, Spain and the United Kingdom (International Delivery Destinations).
7.2 If you order Products from our website for delivery to one of the International Delivery Destinations, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount.
7.3 You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.
7.4 You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible if you break any such law.
8. PRICE OF PRODUCTS AND DELIVERY CHARGES
8.1 The prices of the Products will be as quoted on our website at the time you submit your order. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system.
8.2 Prices for our Products may change from time to time, but changes will not affect any order you have already placed.
8.3 The price of a Product includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
8.4 The price of a Product does not include delivery charges. Our delivery charges are as advised to you during the check-out process, before you confirm your order. To check relevant delivery charges, please refer to our Shipping Information page.
9. HOW TO PAY
9.1 For information on how to pay and what debit and credit cards we accept, please go to our Payment Methods page.
9.2 We will not charge your debit card or credit card until we dispatch your order.
10. DEFECTIVE OR MISDESCRIBED PRODUCTS
10.1 For Products purchased through our websites, we are happy to exchange or replace Products damaged in transit and/or containing a manufacturing defect or which are not as described. No delivery or collection charges will be made for such exchanges or replacements. If you would like return a damaged, defective or mis-described Product, please contact us by e-mail, post or telephone using the contact details for your country set out on our contacts page. However, the terms of this clause do not apply in the circumstances described in clause 10.2.
10.2 Clause 10.1 does not apply to any defect in the Products arising from:
(a) fair wear and tear;
(b) wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party;
(c) if you fail to operate or use the Products in accordance with the user instructions; or
(d) any alteration or repair by you or by a third party who is not one of our authorised repairers.
10.3 If you are a consumer, clause 10.1 is in addition to, and does not affect, your legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
10.4 We only supply the Products for domestic and private use. You agree not to use the Product for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
PART 2 TERMS AND CONDITIONS OF WEBSITE USE
11. TRADEMARKS AND COPYRIGHTS
New Balance, the New Balance logo, the flying NB logo, N (design), newbalance.co.uk, the shopnewbalance.com logo, and other New Balance and newbalance.co.uk trademarks and logos are registered and unregistered trademarks and service marks of New Balance (the “New Balance Trademarks”), and the trade dress of New Balance’s products is owned by New Balance. All other trademarks on the Service are the property of the respective trademark owners (the “Third Party Trademarks”, and collectively with the New Balance Trademarks, the “Trademarks”). Unauthorized use of these trademarks is prohibited by law. No part of the Service nor anything in this Agreement should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on this Service without the prior written consent of New Balance specific for each such use. The Trademarks may not be used to disparage New Balance or the applicable third party, New Balance’s or third party’s products or services, or in any manner (using commercially reasonable judgment) that may damage any goodwill in the Trademarks. Use of any Trademarks as part of a link to or from any website is prohibited without New Balance’s prior written consent. All goodwill generated from the use of any New Balance Trademark shall belong to New Balance. All copyright in the designs, Web pages and source code comprising the Service belongs to New Balance or its licensors. All rights reserved.
The following list is merely a representative sample of the Third Party Trademarks that may be in use at any given time on our Service. The use and specifics of these Third Party Marks can and will change without notice, and thus these Third Party Trademarks may not be currently in use on our Service: 3M® is a registered trademark of the 3M Company; Dri-Lex® is a registered trademark of Faytex Corporation; ETC® is a registered trademark of Sheehan Sales Associates; GORE-TEX® and XCR® are registered trademarks of W.L. Gore & Associates, Inc.; Lycra® and Tactel® are registered trademarks of Invista; Ortholite® is a registered trademark of O2 Partners LLC; Pebax® is a registered trademark of ARKEMA; Plastazote® is a registered trademark of Zotefoams, PLC; Poliyou® is a registered trademark of Kun Chang Enterprise Co., Ltd and Jones & Vining; Polartec® is a registered trademark of Malden Mills Industries Inc.; Scotchgard™ is a trademark of 3M Company; Vibram® is a registered trademark of Vibram S.P.A.; and X-Sole™ is a trademark of Hickory Brands, Inc.
12. RESTRICTIONS ON USE
All content and material on the Service, such as text, graphics, video, audiovisual works, logos, photographs, icons, images, audio clips and software, are the property of New Balance or its licensors and are protected by United States and international copyright laws. The compilation of all content and material on the Service is the exclusive property of New Balance and protected by U.S. and international copyright and intellectual property laws. Notwithstanding the foregoing, New Balance is not responsible for Content (as defined below) posted, submitted or transmitted by Users of the Service. Content and material from the Service and any other website owned, operated, licensed, or controlled by New Balance may not be copied, except by a User solely for his or her personal use, and such content and material may not be distributed, republished, uploaded, posted, or transmitted in any way, without the prior written consent of New Balance. Modification or use of the content or material for any other purpose would violate New Balance’s and/or its licensors’ intellectual property rights. The content and material on the Service is provided for lawful purposes only. In the event you download software from the Service, the software, including any files, images, video or other audiovisual works incorporated in or generated by the software, and data accompanying the software (collectively, the “Software”) are licensed non-exclusively to you by New Balance and/or its licensors. New Balance does not transfer title to the Software to you. To the extent prohibited by law, you may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-perceivable form. Downloading or using the Software is at your sole risk.
Any other intellectual property embodied in the Service or New Balance products, including without limitation patents, issued or pending, or database rights are the sole property of New Balance and/or its licensors.
13. MEMBER ACCOUNT
Your access to and use of certain components of the Service as a Member is subject to verification of your authority to so access and use such components of the Service. You shall hold and secure any username and password that provides you access to the Service or any particular component thereof as strictly confidential, and you shall not allow any other person access to or use of such username and password. You are responsible for any and all activity related to the Service accessed or used via your account. You shall immediately notify New Balance of any unauthorized use of your username and password by sending an email to our email@example.com.
New Balance may add, delete, remove, modify, disable, suspend or restrict some or all of the Service at its sole discretion without notice to you, and you acknowledge that: (i) you may no longer be able to use the Service to the same extent, or at all, as prior to such events, and (ii) New Balance shall have no liability to you or any third party in such case. New Balance shall not be liable in any event for the addition, deletion, removal, modification, disabling, suspension or restriction of access to or use of any or all of the Service.
Use of and Membership in the Service is void where prohibited. By using the Service as a Member, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 18 years of age or older; and (d) your use of the Service does not violate any applicable law or regulation. Your Membership may be terminated without warning, if we believe that you are under 18 years of age.
You are solely responsible for your interactions with other Members. New Balance reserves the right, but has no obligation, to monitor disputes between you and other Members.
14. POLICY CONCERNING CLAIMS OF INFRINGEMENT
All notices as to matters of copyright infringement should be sent to our designated agent at the following address:
New Balance Athletic Shoes (UK) Limited
1000 Guest Street
Boston, MA 02135 USA
Notices as to matters of copyright infringement should contain the following information:
a. A physical or electronic signature of a person authorized to act on behalf of the copyright owner who is allegedly infringed.
b. Identification of the copyrighted work claimed to have been infringed.
c. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit New Balance to locate the material.
d. The address, telephone number or email address of the complaining party.
e. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
f. A statement, under penalty of perjury, that the information in the notification is accurate, and that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
New Balance reserves the right to (i) remove any material which it believes may violate the copyright or other rights of any third party and/or (ii) limit access to or from the Service for any user whom New Balance believes is violating any such rights of others.
15. SUBMISSIONS AND COMMUNICATIONS
You agree that you will not upload or transmit any remarks, suggestions, messages (including without limitation to other Members) ideas, photographs, graphics, information, data, text, files, links, software, or other materials (“Content”) that: (i) infringe any patent, trademark, trade secret, copyright or other proprietary rights of any party, or contain any malicious software, virus or code, (ii) are offensive or promote racism, bigotry, hatred or physical harm of any kind against any group or individual, (iii) harass or advocate harassment of another person, (iv) exploit people in a sexual or violent manner, (v) contain nudity, violence, or offensive subject matter or contain a link to an adult website, (vi) solicit personal information from anyone under 18, (vii) provide any telephone numbers, street addresses, last names, URLs or email addresses, (viii) promote information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous, (ix) promote any illegal or unauthorized copy of another person’s copyrighted work, (x) involve the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming”, (xi) contain restricted or password only access pages or hidden pages or images, (xii) further or promote any criminal activity or enterprise or provide instructional information about illegal activities, (xiii) solicit passwords or personal information for commercial or unlawful purposes from other Users, (xiv) involve commercial activities and/or sales without New Balance’s prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes, (xv) imply that New Balance endorses any of your statements or positions, (xvi) impose an unreasonable burden on the Service’s server, or (xvii) include a photograph or personal information of another person that you have posted without that person’s consent. New Balance reserves the right to monitor and, at its sole discretion, without notice remove any Content from the Service.
By submitting Content to New Balance through the Service, you automatically represent and warrant that you have the right to grant, and do hereby grant, to New Balance the worldwide, paid-up, royalty-free, perpetual, irrevocable, sub-licensable, assignable, non-exclusive right and license to (a) use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any such Content (in whole or part) worldwide and/or to incorporate all or any portion of it in other works in any form, media, or technology now known or later developed for the full term of any patent, trademark, trade secret, copyright or other proprietary rights of any party that may exist in such Content; and (b) use the Content, including without limitation, the right and license to make, use, sell, offer for sale, and import any products and/or services which practice or embody, or are configured for use in practicing, all or any portion of the Content and the right to practice. Under no circumstances will New Balance be required to treat any Content as confidential (subject to our Privacy and Cookies Notice). New Balance will be entitled to use the Content for any purpose whatsoever (consistent with our Privacy and Cookies Notice) without compensation to you or any other person. For the avoidance of doubt, New Balance will not be liable to you or any other person for any ideas for New Balance’s business (including, without limitation, product designs or ideas) derived from the Content and will not incur any liability as a result of any similarities to the Content that may appear in any future products or services of New Balance.
You acknowledge that you are responsible for whatever Content you submit, and you, not New Balance, shall have full responsibility for the Content, including its legality, reliability, appropriateness, originality, and non-interference with third-party rights.
New Balance shall have the right to refuse to post or transmit all or any portion of any Content. By way of example and not in limitation of anything else in this Agreement, New Balance shall also have the right, but not the responsibility, to refuse, remove or edit any Content (in whole or in part).
The Service may link to other websites which are not maintained by New Balance and which are owned and operated by third parties. You acknowledge that New Balance is not responsible for the operation of, or content located on or through, any third-party websites. The inclusion of a link to such website does not imply endorsement by New Balance and/or the Service. Viewing of any website linked to the Service is at your own risk.
You may not link to any of the websites in the Service other than the websites listed in the second paragraph of these terms and conditions from another site without New Balance’s written consent. You may not display any of the websites in the Service, or any of the material on such websites, in frames on or within any other website without New Balance’s written consent.
You hereby agree to indemnify, defend and hold harmless New Balance and its subsidiaries, divisions and affiliates and each of their officers, directors, representatives, agents and employees (collectively, the “Indemnitees”) from and against any and all liability, damages and costs (including, without limitation, attorneys’ fees) incurred by the Indemnitees in connection with your use of the Service, including without limitation with respect to any claim arising out of any Content that you submit or breach or alleged breach of any of your obligations set forth herein. New Balance reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of New Balance. You shall cooperate as fully as reasonably required in the defense of any claim.
NEW BALANCE, OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS (COLLECTIVELY, THE “NEW BALANCE PARTIES”) DO NOT WARRANT THAT ANY INFORMATION, CONTENT OR MATERIAL ON THE SERVICE IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. THE CONTENT OR MATERIAL ON THE SERVICE MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS.
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, NON-INFRINGEMENT, IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE NEW BALANCE PARTIES EXCLUDE ALL CONDITIONS, WARRANTIES REPRESENTATIONS OR OTHER TERMS WHICH MAY APPLY TO OUR WEBSITE OR ANY CONTENT ON IT, WHETHER EXPRESS OR IMPLIED.
THE NEW BALANCE PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING THE USE OF, OR THE RESULTS OF THE USE OF, THE SERVICE, WHETHER IN TERMS OF CORRECTNESS, COMPLETENESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
THE NEW BALANCE PARTIES DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU UNDERSTAND AND AGREE THAT ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOADING OF SUCH CONTENT. YOU (AND NOT THE NEW BALANCE PARTIES) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
19. LIMITATION OF LIABILITY
TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE NEW BALANCE PARTIES WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY CAUSED BY THE SERVICE OR ANY CONTENT ON THE SERVICE, INCLUDING, BUT NOT LIMITED TO, ANY ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, FAILURE OF PERFORMANCE OR COMPUTER VIRUS.
THE NEW BALANCE PARTIES WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING BUT NOT LIMITED TO, SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE CONTENT OR MATERIALS ON THE SERVICE EVEN IF THERE IS NEGLIGENCE BY THE NEW BALANCE PARTIES OR IF AN AUTHORIZED REPRESENTATIVE OF THE NEW BALANCE PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR BOTH.
THE NEW BALANCE PARTIES WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING BUT NOT LIMITED TO, SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT MAY RESULT FROM LINKING TO ANY THIRD-PARTY WEBSITE.
New Balance may terminate any rights granted hereunder at any time. You may terminate any obligations granted hereunder by destroying: (a) all content and material obtained from the Service, and (b) all related documentation and all copies, printouts, and installations. New Balance may prevent your access to the Service or cancel your Membership immediately without notice if, in its sole judgment, you breach these Terms and Conditions.
21. COMPLIANCE WITH APPLICABLE LAWS
This Service is based in the United Kingdom. We make no claims concerning whether the Content may be downloaded, viewed, or be appropriate for use whether inside or outside of the United Kingdom. To the maximum extent permitted by applicable law, access to the Service or the Content is at your own risk. Whether inside or outside of the United Kingdom, you are solely responsible for ensuring your use of the Service complies with the laws of your specific jurisdictions.
22. IMPORTANT NOTICE FOR AMATEUR ATHLETES
You are responsible for ensuring that your use of or participation in the activities of this website does not affect your eligibility as an amateur athlete. Please check with your amateur athletic association for the rules that apply to you. NEW BALANCE IS NOT RESPONSIBLE OR LIABLE FOR YOUR USE OF THE WEBSITE RESULTING IN YOUR INELIGIBILITY AS AN AMATEUR ATHLETE.
23. NO RESALE
You may use the Service only for your own non-commercial use to participate in the website or to place an order or purchase products. Any other use is prohibited unless agreed to by New Balance in writing.
PART 3 GENERAL TERMS AND CONDITIONS
24. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW (I) THE EXCLUSION OF IMPLIED WARRANTIES OR (II) THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR (III) THE EXCLUSION OF A PARTY’S LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM SUCH PARTY’S NEGLIGENCE. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET OUT IN CLAUSES 18 AND 19 MAY NOT APPLY TO CERTAIN USERS.
25. EVENTS OUTSIDE OUR CONTROL
25.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations in providing the website and the Service or under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 25.2.
25.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
25.3 If an Event Outside Our Control takes place that affects the performance of our obligations:
(a) we will contact you as soon as reasonably possible to notify you; and
(b) our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
This Agreement constitutes the entire agreement between you and us, and supersedes all prior agreements or communications. If any provision of this Agreement is found to be invalid by any court, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement. No waiver shall be effective against us unless we make it in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Headings are for convenience only and have no legal import.
Please note that these Terms and Conditions are governed by English law. This means your use of the Service and any Contract for the purchase of Products through our website and any dispute or claim arising out of or in connection with them will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident in any of the countries listed in clause 7 outside England and Wales you may bring proceedings in the courts of your country of residence and if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
PART 4: TERMS AND CONDITIONS – New Balance X Ben Camara competition
By entering the promotion, entrants will be deemed to be bound by and have accepted these terms and conditions. These Terms and Conditions prevail in the event of any conflict or inconsistency any other communications, including advertising or promotional materials. Please keep a copy for your records.
How to enter
To enter the competition, you must submit a ‘pledge’ at newbalance.co.uk/toughestopponent and provide your name and email address.
30 Round 1 entrants will be selected at random on the 10th June 2016 and asked to complete a short survey about themselves. This 30 will be judged using a pre-determined criteria, from which 10 Round 2 winners will be selected on Fri 24th June and invited to attend a final round of qualifying with Ben Camara in London on the 9th July. All 10 winners will win New Balance kit with a retail value of approximately £150 which will be given to them on the 9th July (Size information to be provided in advance).
The selection process will be run by Ben Camara and hosted at a venue in London. The final main prize winner will be selected by Ben Camara based on the criteria set out below.
1. Promoter: New Balance Athletic Shoes (UK) Ltd, New Balance, 430 Birchwood Boulevard, Birchwood, Warrington, Cheshire, WA3 7WD
2. Eligibility: The Competition is open to all UK (England, Scotland, Wales and Northern Ireland) & ROI residents aged 18 or over excluding employees of the Promoter, its associated companies, families, agencies or any other persons to whom it is professionally connected.
3. Promotional Period: To enter the Competition, any time between Tuesday 19 April 2016 and Thursday 9 June 2016 entrants must:
a. access the Competition pledge entry at newbalance.co.uk/toughestopponent; and
b. complete the entry form and submit it as directed.
4. Internet or Wi-Fi access required. No purchase necessary.
5. One entry per person only. If more than one entry is received only the first entry will be accepted. Any entry made using false or dishonest information will be disqualified.
6. Participants must have a good level of basic fitness and must not suffer from any pre-existing medical conditions that may affect their safety in taking up a prize.
7. The Promoter reserves the right to refuse any entry from any individual if their entry contains material which is offensive (including the use of foul language) or defamatory, or incites and/or promotes violence or hatred or which discriminates, threatens or infringes the rights of third parties, or which the Promoter deems in its sole discretion to be otherwise unacceptable or unsuitable.
8. Any entries that are illegible or do not answer the question posed will be disqualified.
9. Any entries not meeting the above criteria and the specific terms of entry for the Competition shall be invalid. The Promoter will not be liable for any entries which are not received or which are corrupted for any reason.
10. Main Prize Fund: New Balance and Ben Camara have teamed up to develop an intensive 10-week training program for one lucky winner worth approx. £10,000. The prize includes:
a. Initial consultation
b. New Balance kit up to the retail value of £400
c. 3 x nutritional consultations
d. 3-4 x 1-1 training sessions per week
11. Round 2: Prize Fund:
a. 10 winners who attend the qualifying round with Ben Camara on the day will receive a New Balance kit up to the retail value of £150.
12. Winner Selection: There will be three rounds with winners selected as follows:
a. Round 1. 30 entrants selected at random and asked to complete a short survey with the following questions:
i. Name, Address, DOB, weight & height – 0%
ii. What are your weekly healthy activities (gym, sport, jogging, etc) – 25%
iii. Tell us about a typical day in the life of you (max 150 characters) – 25%
iv. Tell us why you feel New Balance should choose you (max 150 characters) – 50%
b. Round 2. 10 winners will be selected to attend a qualifying round with Ben Camara on Saturday 9th July 2016, who will select the final winner based on a points scoring system, marking each winner against the following criteria:
i. 40% Enthusiasm
ii. 30% Willingness to Learn
iii. 20% Commitment
iv. 10% Integrity
c. Round 3. 1 final winner will be selected for the 10-week program in London.
[For your complete confidence, at all stages there will be at least one independent judge present]
13. Winner Notification:
a. Round 1 entrants will be notified by email or phone on 10th June 2016.
b. Round 2 winners will be notified by email or phone on 24th June 2016.
c. Round 3 final winner will be notified by phone on Friday 15th July 2016.
14. Winner Claim: The Round 1 entrants will have 7 days to complete the survey.
15. The Round 2 winners will have 7 days to:
a. Acknowledge the prize via the instructions in the winning notification;
b. Provide verification details (proof of age etc.) if requested;
c. Confirm they wish to accept the prize and attend Round 3;
16. The Round 3 final winner will have 30 days from which being notified that they are the final winner to book and redeem their initial one-on-one consultation on which date the 10-week program will begin.
17. Failure to do this will result in the prize being forfeit and the Promoter may at its absolute discretion award the prize to a reserve selected at the same time as the original winner or dispose of the prize at its discretion without liability to the winner. The decision of the Promoter is final.
18. The Promoter reserves the right to select another entrant at any time if the minimum standard for the competition is not met at each stage.
19. The Promoter will liaise with the winner in relation to fulfilment of the Prize.
20. The Promoter reserves the right to require that proof of age be supplied by the winner.
21. By entering the Competition, you agree to grant an irrevocable and royalty free licence to the Promoter to use your name, photograph, video, voice recording and general location for publicity, news and promotional purposes in any and all media during this and any future promotions or advertising.
22. By entering the Competition, you agree to grant irrevocable and royalty free licence to the Promoter to attend and interview you prior to each one-on-one session and capture photography, video and voice recording for publicity, news and promotional purposes in any and all media during this and any future promotions or advertising.
23. It is the responsibility of the winners to ensure that they can travel to London. The Promoter will not be responsible for ensuring the winner’s ability to travel to the destination nor for any additional costs incurred should not be able to travel to the destination for any of the Prizes including
a. Round 2 for all 10 winners
b. Each session required by the final winner to complete the 10-week program.
24. The Promoter will not be liable should the winners be refused entry or otherwise removed from any facility where the Prize is given for any reason.
25. The Promoter will not be responsible or liable for any expenses incurred by the winners over and above the Prize (including, without limitation, travel expenses, insurance, food or drink).
26. Winners agree to act responsibly at all times during use of the Prize.
27. Winners agree not to sell, offer to sell or use all or part of the Prize for any commercial or promotional purpose (including placing their Prize on an internet auction site).
28. The Prize is non-transferable and no cash alternative will be given. Participants who are unable to attend the dates as expressly stated will be disqualified.
29. The Main Prize Winner may be required to sign a prize participation agreement.
30. In exceptional circumstances, the Promoter reserves the right to substitute the Prize with prizes of equal or greater value in the event that the Prize cannot be provided to the winner.
31. The winners agree to be contacted by the Promoter and/or Ben Camara and Ben Camara associates in relation to the redemption of the prize for the full duration of the prize period up until 30 days after the end of the prize period.
32. General: In the event that, due to the acts or omissions of the winner, the Promoter is unable to deliver the Prize to the winner, the winner will forfeit the Prize, no substitute or alternative will be available and an alternative winner may be selected.
33. Details of the winners’ names and counties will be available for a period of 30 days following Thursday 30 June 2016 by sending a stamped self-addressed envelope to New Balance Athletic Shoes Inc, New Balance customer service, 430 Birchwood Boulevard, Birchwood, Warrington, Cheshire, WA3 7WD
34. The Promoter’s decision will be final and binding and no correspondence will be entered into.
35. In exceptional circumstances the Promoter reserves the right to change, alter or withdraw the Competition at any time.
36. The Promoter accepts no responsibility for any disappointment incurred or suffered as a result of entry to the Competition and/or use of the Prize.
37. The winner participates in and uses their prize at their own risk. To the maximum extent permitted by law, the Promoter will not be liable for any claims or actions of any kind whatsoever for damages or losses to persons and property which may be sustained in connection with the receipt, ownership and/or use of any Competition prize.
38. By entering the Competition, you consent to the Promoter’s use of the information which you provide, or which it obtains from its dealings with you, to administer the Competition.
39. If any of these terms and conditions are found by a competent court or other competent authority to be void or unenforceable, that term or condition shall be deemed to be deleted and the remaining terms and conditions shall continue in full force and effect.
40. These terms and conditions shall be governed and construed in accordance with the laws of England. Any dispute arising is subject to the exclusive jurisdiction of the courts of England and Wales.
42. By entering into the New Balance X Ben Camara (Competition) you agree to be legally bound by these terms and conditions. The Promoter reserves the right, at its discretion, to exclude entrants and/or the winner if he/she does not comply with any of these terms and conditions.