NEW BALANCE TERMS AND CONDITIONS (the “Terms”)

LAST UPDATED: 22 October 2025 

PLEASE READ THE FOLLOWING TERMS CAREFULLY 

Part 1 – Details 

1.ABOUT US 

1.1 Company details: 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 (“New Balance”, “we,” “us” or “our”). 

1.2 Contacting us: You may contact us by telephone at 0800 8021057, by email at support@new-balance.zendesk.com, online at https://new-balance.zendesk.com/hc/en-us/requests/new, or by writing to us at New Balance Athletic Shoes (UK) Limited Appleton House, 430 Birchwood Boulevard, Birchwood, Warrington, Cheshire WA3 7WD.  

1.3 Our contact with you: If we need to contact you for any reason, we will do so using the contact details you provide to us when you place your Order. 

1.4 About these Terms: These Terms apply to your use of (the “Site”), purchase of New Balance products (“Products”) via the Site. If you are purchasing a New Balance Gift Card additional terms will apply to your purchase, these are available at here. These Terms are divided into different parts which will apply to you depending on how you interact with us. Part 1 (Details) and Part 5 (General Terms) will apply to everyone, Part 2 (Supply of Products via this Site) applies if you make a purchase online[, Part 3 (Membership Terms) applies if you participate in the New Balance Membership Scheme], and Part 4 (Terms and Conditions of Site Use) applies by accessing the Site. The Site is directed at individual consumers residing in the United Kingdom. We draw your attention in particular to clause 30, which explains how we limit our liability to you.  

1.5 We may make changes to these Terms: New Balance sometimes needs to update or modify these Terms. These changes might be to reflect changes in the law or other regulatory requirements, or to make improvements, for example to address a security threat. The changes will take effect upon their posting on the Site. Please review these Terms as often as you feel necessary, since your purchase of Products via the Site will serve as your confirmation that you agree with and accept the Terms as available on the Site at the time of your purchase.  

1.6 Your record of these Terms: We advise you to print out or download and store these Terms and any Dispatch Confirmation for your own records. 

Part 2 - Supply of Products via this Site 

2.APPLICABLE TERMS AND ACCEPTANCE 

Any contract between you and us for the sale of Products to you in exchange for payment via the Site (“Contract”) will be governed by these Terms. Please read these Terms carefully and make sure that you understand them, before purchasing any Products from us. If you don’t understand anything in these Terms, you can contact us for help by using the contact information in Part 1 of these Terms. If you refuse to accept these Terms, you will not be able to purchase any Products from us through the Site. 

3.WHO CAN PLACE AN ORDER

You can only place an Order if you are a consumer (not a business) and you are 18 years of age or older. You will also need to be able to make payment via one of our accepted payment methods (please see clause 8.1 for further information

4.HOW THE CONTRACT IS FORMED BETWEEN YOU AND US 4.1 The Site will guide you through the steps you need to take to input your payment information to pay for and thereby place an order for any Products with us (an “Order”). Please take the time to read and check that your payment and contact information is correct prior to placing an Order - it is your responsibility to make sure that your Order is correct and accurately reflects your selection. If an Order is not correct in any way, please contact us and let us know quickly by using the contact information at Part 1 of these Terms. 

4.2 Prior to placing an Order via the Site, you will be required to accept these Terms by clicking Accept. Following your acceptance of the Terms and placement of an Order, we will send out an acknowledgement email detailing the Order including the final price you will pay for the Products plus any tax, duty and/or shipping costs. Please note that this email is not an Order confirmation or acceptance of your Order by New Balance.  

4.3 We may reject Orders or limit the quantity of Products under such Order if, for example, a Product is unavailable, because you are located outside of our delivery areas (see clause 9.5 for more information), because the Product was mispriced or misdescribed by us, or because we have reason to believe that the transaction is fraudulent or otherwise in breach of these Terms. If we are unable to supply you with a Product, for example because that Product is not in stock, is no longer available or because we cannot meet your requested delivery date, we will inform you of this by phone or e-mail and we will not process the part of your Order relating to that Product. We will process your Order to the extent that we are able to provide any other Products purchased under the Order. If we are not able to provide any of the Products in a particular Order, we will cancel the Order for such Products and notify you of this cancellation by phone or e-mail. If you have already paid for the Products that we are not able to provide, we will refund you the full amount for those Products, including any delivery costs charged, within a reasonable timeframe. 

4.4 We will confirm our acceptance of your Order to you by sending you an e-mail that confirms that the Products have been dispatched (“Dispatch Confirmation”). The Contract between us will be formed when we send you the Dispatch Confirmation.  

5.OUR PRODUCTS 

5.1 Products may vary slightly from their pictures: 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 a device's display of the colours accurately reflects the colour of the Products. Your Product may vary slightly from those images. Also, leather is a natural material featuring naturally occurring surface variations and imperfections and so the colour, texture and general appearance of your Product may vary slightly from images or samples shown to you.  

5.2 Product packaging may vary: The packaging of the Product may vary from that shown in images on our Site. 

6.USE OF PRODUCTS

We supply the Products under these Terms for domestic and private use. You agree not to use the Product for any commercial, business or resale purposes. Any other use is prohibited unless agreed to by New Balance in writing. 

7.PRICE OF PRODUCTS AND DELIVERY CHANGES

7.1 Price of the Products:  

a) The prices of the Products will be as shown to you on the Site at the time you submit your Order.  

b) Prices for our Products may change from time to time, but changes will not affect any Order you have already placed via the Site. 

7.2 VAT: The price of a Product includes VAT (where applicable) at the applicable current rate chargeable in the United Kingdom for the time being. If the rate of VAT changes between your Order date and the date we supply the Product, we adjust the rate of VAT that you pay, unless you have already paid in full before the change in the rate of VAT takes effect. 

7.3 Delivery charges: The price of a Product does not include delivery charges. Our delivery charges are as shown to you on the Site during the check-out process, before you confirm your Order.  

8.HOW TO PAY

8.1 We accept most common credit and debit cards issued in the United Kingdom. To see if we accept your card, please check this page. 

8.2 We will charge your preferred payment method when we dispatch your Order as described at clause 4.4. 

9.DELIVERY

9.1 Delivery by us: Following receipt of the Dispatch Confirmation you will be able to track the progress of your Order through our authorized carrier, either to your address or the collection point you have chosen via the Site. Please contact the carrier using the details set out in the Dispatch Confirmation if you require an estimated delivery date. Please note that the estimated delivery date is just that and we cannot guarantee delivery by the estimated delivery date. Occasionally our delivery to you or your chosen collection point may be affected by an Event Outside Our Control. See clause 32 for our responsibilities when this happens.  

9.2 Completion of delivery: Delivery of an Order shall be completed either when we: (i) deliver the Products to the address (or delivery instructions) you gave us at the time of placing the Order on the Site; or (ii) when you collect the Products from your chosen collection point, and the Products will be your responsibility from that time. To avoid doubt, New Balance is not responsible for any lost or stolen Product after they have been delivered to, or collected by, you.  

9.3 Transfer of risk in the Products: You are responsible for the Products on delivery of the Products to you or upon your collection of the Products from your chosen collection point in accordance with clause 9.2.  

9.4 Transfer of title in the Products: You own a Product on the later of our receipt of full payment for the Product or delivery of the Products to you or upon your collection of the Products from your chosen collection point in accordance with clause 9.2.  

9.5 Delivery restrictions: We do not offer international delivery for items purchased through the Site. Additionally, please see this page for restrictions on deliveries to certain territories, for example, Crown Dependencies and British Overseas Territories.  

10.YOUR RIGHTS TO END A CONTRACT

10.1 As a consumer, you have a legal right to cancel a Contract because you have changed your mind under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (the "Regulations") during the specified cancellation period as described in clause 10.2 below. This means that during the cancellation period if you change your mind or decide for any other reason that you do not want to keep a Product, you can notify us of your decision to cancel the Contract and receive a refund. Further advice about your legal right to cancel a contract is made available by the Competition and Markets Authority (Cancelling goods or services - GOV.UK (www.gov.uk)). 

10.2 Your legal right to cancel your 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 after the date on which you have received all Products forming your Order but we have chosen to extend this to give you more time to decide whether or not you wish to return a Product. You can change your mind about a Product for any reason and receive a refund as long as you return the Product to us within 30 days of you receiving it. 

10.3 To cancel your Contract because you have changed your mind, or because of something we have done or are going to do (e.g. if we tell you there is going to be a substantial delay to the delivery of your Product or because you have a legal right to cancel the Contract because of something we have done wrong), please let us know by contacting us using the telephone number or email address provided in Part 1 of these Terms. If you are contacting us by email, please include the relevant Order number and a description/amount of Products to be returned. If you send us your cancellation notice by e-mail, then your cancellation is effective from the date you send us the e-mail, rather than when we receive it. Alternatively, you can use the cancellation form at the bottom of these Terms, but this is optional. Please note, cancellation notice does not prevent a Product from being dispatched to you so, in order to cancel your Contract and receive a refund you will need to do so in accordance with these Terms and by returning Products that have been dispatched to you. 

10.4 If you cancel your Contract we will: 

a) refund you the price you paid for the Products once you have returned the Products to us as set out in (c) below. However, please note we are permitted by law to reduce your refund to reflect any reduction in the value of the Products if your use or handling of the Products has damaged or reduced the value in the Products such that they are no longer in their original state upon delivery to you i.e. you handled or used the Products in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the Products and later discover you have handled or used them in an unacceptable way and they are no longer in their original state, you must pay us an amount equal to the cost of repairing the damage to the Product; 

b) refund any delivery costs you have paid once you have returned the Products to us (if applicable), although, as permitted by law, the maximum refund will be the costs of delivery by the least expensive delivery method we offer, even if you paid for a more expensive expedited delivery method.; and 

c) make any refunds due to you as soon as possible and in any event within 14 days after the date on which you cancel the Contract or, if the Products has been delivered to you, the day on which we receive the Products back from you or, if earlier, the day on which you provide us with evidence that you have sent the Products back to us. 

10.5 Please contact the New Balance customer service team if you need help returning a Product. Further information on how you can return a Product to us is also available on this page.  

10.6 We will refund you on the original payment method used to pay for the Products.  

10.7 Neither your right of return and refund in this clause 10 nor anything else in these Terms affects your legal rights if there is something wrong with your Product (see clause 11 for more information). Advice about your legal rights is made available by the Competition and Markets Authority.  

11.IF THERE IS A PROBLEM WITH THE PRODUCTS

11.1 We are under a legal duty to supply Products that are in conformity with these Terms. If you think there is something wrong with your Product, please contact us using the contact information at Part 1 of these Terms. We honour our legal duty to provide you with Products that are as described to you on the Site and that meet all the requirements imposed by law. See clause 11.2 below for a summary of your key legal rights in relation to the Products. Nothing in these Terms will affect your legal rights.  

11.2 This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06. As the Products are goods, the Consumer Rights Act 2015 requires that goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your Product your legal rights entitle you to the following: 

1. up to 30 days: if your goods are faulty, then you can get a full refund;  
2. up to six months: if your goods can't be repaired or replaced, then you're entitled to a full refund, in most cases; or 
3. up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.  

11.3 If you wish to exercise your legal rights to reject a Product, you must contact us as soon as possible and we will let you know what to do next, including to make arrangements for returning the Product to us.  

11.4 If you are entitled to a refund because something is wrong with your Product, we will reimburse to you all payments received from you in relation to the affected Product, including all delivery charges. Any refund due to you will be made to your original payment method and will be made within 14 days after the date that we receive the relevant Product back from you and have had an opportunity to inspect it and determine the nature of the problem. If we do not receive the Product, we may be unable to process your return and refund. We will pay the cost of returning the Product to us.  

11.5 We are not responsible for defects in the Products that arise from: 

1. fair wear and tear; 
2. wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party (other than in relation to defects in Products arising in transit); 
3. if you fail to use the Products in accordance with our instructions; or 
4. any alteration or repair by you or by a third party who is not one of our authorised repairers. 

12.OUR RIGHTS TO END THE CONTRACT FOR YOUR ORDER 

12.1 We may cancel the contract for your Order (or only part of it, if applicable) at any time by notifying you if:  

1. your payment does not go through at the point we try to charge you;  
2. you do not, within a reasonable time, allow us to deliver your order to you;  
3. you are (or we reasonably suspect that you are) in breach of these Terms, in breach of any applicable law in relation to these Terms for your order, or in breach of any other contract that may exist between you and us; or  
4. we are unable (or reasonably believe that we are unable) to supply the Products for reasons beyond our reasonable control or for legal or regulatory reasons. 

12.2 If we cancel the contract in the situations set out in Clause 12.1, we will refund any money you have paid in advance for Products we have not provided, but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the Contract (if applicable). Any refund due to you will be made using the same means of payment as you used for the initial transaction and will be made within 14 days after we cancel the contract. 

Part 3 – Membership Terms 

The terms in this part 3 (the “Membership Terms”) apply to and shall govern your participation in the New Balance membership (“Membership Scheme”) as a New Balance member (“Member”). By participating in the Membership Scheme you agree to be bound by these Membership Terms (as well as the other sections of the Terms). 

13.ELIGIBILITY

To be eligible to become a Member, you must be at least 18 years of age, you must be a legal resident in the UK, and you must not be an employee of New Balance. The Membership Scheme is for personal use only. We reserve the right to cancel your membership if we have reason to believe that you do not meet the eligibility criteria to become a Member.  

14.BECOMING A MEMBER

14.1 If you meet the eligibility criteria set out above, you may sign up to become a Member by creating a Membership Scheme account by signing up in store or by completing the registration form available here. You are permitted to have a maximum of one account at any time. 

14.2 You shall ensure that the information that you provide to us in relation to your membership is accurate and kept up to date. We will use your membership information for the purposes of administering your account and the Membership Scheme more generally, and as set out in our Privacy Policy.  

14.3 You shall hold and secure any username and password that provides you with access to your account 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 or used via your account including any transactions that occur in respect of such use, even if such activity was not authorised by you, and we shall have no liability to you in respect of such use. We recommend that you change your password from time to time to assist with security.  

14.4 You shall immediately notify New Balance of any unauthorized use of your username and password by sending an email to customercare@newbalance.eu. 

14.5 By becoming a Member, it is your responsibility to ensure that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are eligible to become a Member as set out at clause 13 of these Membership Terms; and (d) your activity as a Member does not violate any applicable law or regulation.  

15.BENEFITS

15.1 All Members will be eligible to receive the membership benefits as set out on our Membership Scheme webpage from time to time: We reserve the right to add, amend, limit or withdraw any benefits offered as part of the Membership Scheme at any time and for any reason. Please see clause 17 for more information. 

15.2 You will be notified of any membership benefits that are available to you. Unless we tell you otherwise, benefits can be redeemed on the Site and in-store.  

15.3 Please note that any purchase made on the Site using a membership benefit will be subject to the New Balance terms applicable to the supply of Products via the Site as set out at Part 2 of these Terms. Individual benefits may be subject to their own specific expiry dates and other terms and limitations and it is your responsibility to ensure that you are aware of any such terms.  

15.4 If you are entitled to receive a complimentary gift when purchasing a product either via the Site or in-store, and you wish to return the main ‘qualifying item’, the gift must also be returned to receive a refund. If a complimentary gift was issued because your original total transaction value reached a ‘qualifying threshold’ and, in returning an item(s) from that transaction, your total transaction value falls below the ‘qualifying threshold’, the gift must also be returned. Please note all returns and refunds of Products purchased via the Site will be subject to the terms at Part 2 of these Terms. 

15.5 Membership benefits are not transferable and cannot be exchanged or redeemed for cash. 

16.CANCELLATION 

16.1 You may cancel your membership at any time by closing your account. Please contact us if you need help by using the contact information in Part 1 of these Terms.  

16.2 We may cancel your membership at any time for any reason in our sole discretion, including, without limitation, if (a) we determine that you (i) are not eligible to be a Member (see clause 13for more information), (ii) violated any of these Membership Terms or any applicable law or regulation, or (iii) engaged in any deception, forgery or fraud or committed any other abuse of the Membership Scheme, (b) we are required to do so to comply with any applicable laws or regulations, or (c) we decide (in our discretion) to discontinue the Membership Scheme. In addition, we may revoke some or all of your benefits if we determine that you received such benefits due to an error or through fraud or deception. 

16.3 If you or we cancel your membership, you will lose your available benefits. However, if we cancel your membership through no fault of yours, we will try to give you at least notice (where possible) so that you are able to use your available benefits before cancellation. If you cancel your membership and then decide later that you wish to re-join, your previously-earned benefits will not be reinstated. 

17.CHANGES TO MEMBERSHIP TERMS AND MEMBER SERVICE

We reserve the right to change or cancel any aspect of the Membership Scheme at any time. If we change any aspect of the Membership Scheme, including any of the benefits or these Membership Terms, we will give you notice by posting a notification on the Site or emailing you (at our discretion). Those changes will go into effect on the revision date shown in the revised Terms. Sometimes we may also have to make more significant changes to the Membership Scheme. For the more significant changes that may have an adverse impact on you, we will try to provide you with at least [30 days’] notice before we make any such changes and you will have the option to cancel your membership before such changes come into force, but this may not always be possible. By continuing to participate in the Membership Scheme, you are agreeing to the revised Membership Terms. 

Part 4 – Terms and Conditions of Site Use 

18.ACCESS TO OUR SITE 

18.1 Access to and use of our Site is subject to the Terms. By accessing our Site, you agree to our Terms.  

18.2 You are responsible for making all arrangements necessary to access our Site (and for any costs of doing so). In particular, you are responsible for ensuring that your computer and/or portable device is compatible with our Site. 

18.3 You are responsible for ensuring that all persons accessing the Site through your internet connection are aware of these Terms. 

18.4 We want you and others to enjoy using our Site, so when doing so, we ask that you observe the following rules:  

a) you are not permitted to use, or cause others to use, any automated system or software to extract content or data from our Site for commercial purposes except where you or any applicable third party has entered into a written agreement with us that permits such activity; 

b) you agree not to use our Site for any illegal or unauthorised purpose and you agree to comply with all laws and regulations applicable to your use of our Website, including copyright and other intellectual property laws; 

c) you must not attempt to restrict another user of our Site from using or enjoying our Site and you must not encourage others to breach our Terms; 

d) you must not interfere with our Site or any servers or networks connected to our Site, including by transmitting any worms, viruses, malware, spyware or any other code of a destructive, malicious or disruptive nature. You must not inject content or code or otherwise alter or interfere with the way any page of our Site is rendered or displayed in a user’s browser or device;  

e) you must not change, modify or alter our Site or change, modify or alter another website so as to inaccurately imply an association with our Site or with us; and 

f) you must not access our Site via a means we have not authorised in writing in advance, including automated devices, scripts, bots, spiders, crawlers or scrapers (except for standard search engine technologies). 

18.5 If you breach any of our Terms, or any of the other terms and policies referred to in our Terms, your ability to access and use our Site may be terminated by us immediately. 

19.TRADEMARKS AND COPYRIGHTS

19.1 New Balance, the New Balance logo, the flying NB logo, N (design), our domain names and associated logos such as newbalance.eu, newbalance.co.uk, nl.newbalance.eu, www.newbalance.de, newbalance.fr, newbalance.es, newbalance.it, newbalance.lu, newbalance.be, newbalance.ie, dk.newbalance.eu, newbalance.pt, at.newbalance.eu, newbalance.se, fi.newbalance.eu, si.newbalance.eu, ee.newbalance.eu, newbalance.lv, lt.newbalance.eu, newbalance.no, shopnewbalance.eu , and other New Balance and newbalance.eu 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 Site are the property of the respective trademark owners (the “Third Party Trademarks”, and collectively with the New Balance Trademarks, the “Trademarks”). Unauthorised use of these trademarks is prohibited by law. Nothing on this Site nor anything in these Terms should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on this Site 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 Site belongs to New Balance or its licensors. All rights reserved. 

19.2 The following list is merely a representative sample of the Third Party Trademarks that may be in use at any given time on our Site. 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 Site: 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. 

19.3 Any use by you of the Site or its contents in a manner not expressly permitted by our Terms may mean that you are infringing our intellectual property rights and/or the rights of our licensors. We and our licensors reserve all rights and remedies available in respect of any such infringement. 

20.RESTRICTIONS ON USE

20.1 All content and material on the Site, 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 and intellectual property laws. The compilation of all content and material on the Site is the exclusive property of New Balance or its licensors and protected by U.S. and international copyright and intellectual property laws. Notwithstanding the foregoing, New Balance is not responsible for User Content (as defined below) posted, submitted or transmitted by Users of the Site. Content and material on the Site 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 Site is provided for lawful purposes only.  

20.2 Any other intellectual property embodied in the Site 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. 

21.POLICY CONCERNING CLAIMS OF INFRINGEMENT

21.1 It is the policy of New Balance to respond expeditiously upon receiving notice of claimed intellectual property infringement on the Site. New Balance will promptly process and investigate notices of alleged infringement and will take appropriate actions under applicable intellectual property laws with respect to any alleged or actual infringement. 

21.2 All notices as to matters of intellectual property infringement should be sent to our designated agent at the following address: 

New Balance Athletic Shoes (UK) Limited 

Senior Legal Counsel 

Appleton House 430 Birchwood Boulevard  

Birchwood 

Warrington 

Cheshire WA3 7WD 

Notices as to matters of intellectual property infringement should contain the following information: 

a) A physical or electronic signature of a person authorised to act on behalf of the intellectual property owner who is allegedly infringed. 

b) Identification of the work and the intellectual property right 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 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 authorised to act on behalf of the owner of an exclusive right that is allegedly infringed. 

21.3 New Balance reserves the right to (i) remove any material which it believes may violate the intellectual property rights or other rights of any third party and/or (ii) limit access to or from the Site for any user whom New Balance believes is violating any such rights of others. 

22.SUBMISSIONS AND COMMUNICATIONS

22.1 You agree that you will not upload or transmit any remarks, suggestions, messages (including without limitation to other Site users) ideas, photographs, graphics, information, data, text, files, links, software, or other materials (“User 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 unauthorised 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 Site’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 Site. 

22.2 By submitting User Content to New Balance through the Site, 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, sublicensable, assignable, non-exclusive right and license to (a) use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any such User 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 User Content; and (b) use the User 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 User Content and the right to practice. Under no circumstances will New Balance be required to treat any User Content as confidential (subject to our Privacy and Cookie Policy). New Balance will be entitled to use the User Content for any purpose whatsoever (consistent with our Privacy and Cookie Policy) without compensation to you or any other person. For the avoidance of doubt, you acknowledge that New Balance has wide access to ideas and other literary and artistic materials submitted to it from outside sources or being developed by its own employees, and New Balance will not be liable to you or any other person for any such ideas or materials for New Balance’s business (including, without limitation, product designs or ideas) which may be competitive with, or similar to, the User Content and will not incur any liability as a result of any similarities to the User Content that may appear in any future products or services of New Balance. 

22.3 You acknowledge that you are responsible for whatever User Content you submit, and you, not New Balance, shall have full responsibility for the User Content, including its legality, reliability, appropriateness, originality, and non-interference with third-party rights. 

22.4 New Balance shall have the right to refuse to post or transmit, remove or edit all or any portion of any User Content.  

23.LINKS

23.1 The Site 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 Site. Viewing of, or purchasing products from, any website linked to the Site is done at your own risk. 

23.2 You may link to any page of our Site, provided that you do so for non-commercial purposes and in a way that is fair and legal and which does not damage our reputation or take advantage of it. For the avoidance of doubt, the linking site must not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. We reserve the right to withdraw linking permission at any time and without notice. 

23.3 You must not link to our Site in such a way as to suggest any form of association, approval or endorsement on our part where none exists and you must not remove, obscure or modify in any way any advertisements, copyright notice, or other information on our Site. Our Site must not be framed on any other website.  

24.ACCURACY AND AVAILABILITY OF OUR WEBSITE 

24.1 We do our best to make sure that the Site is accurate, up-to-date and free from bugs, but we cannot promise that it will be and you are responsible for putting in place your own internet security and safety measures. 

24.2 The Site is provided free of charge and has not been developed to meet your specific requirements. We cannot promise that it will be fit or suitable for your specific purposes.  

24.3 Materials posted on the Site are provided for general information purposes only and to inform you about us and our news, features, products and services. This information is not intended as any form of advice and should not be relied on as such. Any reliance that you may place on the information on the Site is at your own risk. 

24.4 Access to the Site is permitted on a temporary basis and we reserve the right to suspend or terminate access to any part of it at any time without notice. 

24.5 We update the Site regularly and reserve the right to add, remove and otherwise change the Site and/or its content at any time without notice. 

25.COMPLIANCE WITH APPLICABLE LAWS

This Site is based in the United Kingdom. We make no claims concerning whether the any content or materials on the Site (including User Content) may be downloaded, viewed, or be appropriate for use outside of the United Kingdom. To the maximum extent permitted by applicable law, access to the Site or the Content from outside the United Kingdom is at your own risk. Whether inside or outside of the United Kingdom, you are solely responsible for ensuring compliance with the laws of your specific jurisdictions. 

26.IMPORTANT NOTICE FOR AMATEUR ATHLETES

You are responsible for ensuring that your use of or participation in the activities of this Site 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 SITE RESULTING IN YOUR INELIGIBILITY AS AN AMATEUR ATHLETE. 

27.NO RESALE

You may use the Site only for your own non-commercial use to participate in the Site or to place an order or purchase Products. Any other use is prohibited unless agreed to by New Balance in writing. 

28.ADDITIONAL TERMS 

In order to participate in certain contests, promotions, or other special programs made available through the Site, you may be required to agree to additional terms and conditions that apply to such contests, promotions and other special programs (collectively, the “Program Terms”). In such event, participating in the applicable contest promotion and/or other special program will be subject to these Terms and the applicable Program Terms, provided, however, in the event of a conflict between the Program Terms and these Terms, the applicable Program Terms will prevail. 

29.MOBILE SERVICES

The Site includes certain services that are available via a mobile device, including (i) the ability to upload content to the Site via a mobile device, (ii) the ability to browse the Site from a mobile device and (iii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the “Mobile Services”). To the extent you access the Site through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. 

Part 5 - General Terms 

30.OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

30.1 We are responsible to you for foreseeable loss and damage caused by us: If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking the Contract, but we are not responsible for any loss or damage that is:  

a) Not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the Contract was made, both we and you knew it might happen.  

b) Caused by a delaying event outside of our control (as long as we’ve taken the steps set out in clause 32). 

c) Avoidable. This means you could have avoided the loss by taking reasonable action.  

30.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so: This includes liability for: 

a) death or personal injury caused by our negligence or the negligence of New Balance employees or agents; 

b) fraud or fraudulent misrepresentation; or 

c) breach of your legal rights in relation to the Products as summarised in clause 11.2 or including the right to receive Products which are: 

1. as described and match information we provided to you and any sample or model seen or examined by you; 
2. of satisfactory quality; 
3. fit for any particular purpose made known to us; and  
4. for defective products under the Consumer Protection Act 1987. 

30.3 We are not liable for business losses: As we’ve explained in clause 3 and clause 6, you can only purchase Products under these Terms if you are a consumer, and we only supply the Products for domestic and private use. If you use the Products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. 

31.YOUR PERSONAL INFORMATION

We will use your personal information as set out in our Privacy and Cookie Policy here

32.EVENTS OUTSIDE OUR CONTROL

32.1 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, acts of government, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, pandemic or 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.  

32.2 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms (including our obligations under any Contract) that is caused by an Event Outside Our Control.  

32.3 If our supply of a Product is delayed by an Event Outside Our Control, we will contact you as soon as reasonably possible to notify you and will do what we can to reduce the delay. As long as we do this, we won't compensate you for the delay, but if the delay is likely to be substantial you can contact us using the contact information at Part 1 of these Terms to end the Contract and receive a refund for any Products you have paid for, but not received. 

33.MISCELLANEOUS

33.1 We may transfer our rights and obligations to someone else: We may transfer our rights and obligations under these Terms (including under any Contract) to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the Contract 

33.2 You need our consent to transfer your rights and obligations to someone else: You may only transfer your rights or your obligations under these Terms (including under any Contract) to another person if we agree to this in writing, such agreement not to be unreasonably withheld or delayed. 

33.3 Nobody else has any rights under the Contract: The Contract is between you and us. No other person shall have any rights to enforce any of its terms. 

33.4 Entire agreement: These Terms constitute the entire agreement between you and us, and supersede all prior agreements or communications.  

33.5 If a court finds part of these Terms illegal, the rest will continue in force: If any provision of these Terms is found to be invalid by any court, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms.  

33.6 Even if we delay in enforcing these Terms, we can still enforce them later: If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking the Contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the Products, we can still require you to make the payment at a later date. 

33.7 Which laws apply to these Terms and where you may bring legal proceedings: These Terms, and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims), shall be governed by and interpreted in accordance with the laws of England and Wales. You and we agree that the courts of England and Wales shall have non-exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms or their subject matter or formation (including non-contractual disputes or claims). However, if you are a resident in any of the countries outside England and Wales in the United Kingdom you may bring proceedings in the courts of your country of residence as follows: 

1. if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland; or 
2. if you are a resident of Scotland, you may also bring proceedings in Scotland. 

Alternatively, please contact us using the contact details at Part 1 of these Terms if you are unhappy with any aspect of our goods, services, or Site. We will try to resolve any disputes with you quickly and efficiently. If you raise a complaint with us and are not satisfied with our response, you are entitled to raise a claim with an appropriate alternative dispute resolution (ADR) scheme such as the Retail ADR Scheme. However, we generally do not engage in ADR schemes and prefer to resolve complaints directly with you or. If you do not wish to use ADR, or you are unhappy with the outcome of ADR, you can still bring court proceedings (see clause 33.7 for more information).