NEW BALANCE TERMS AND CONDITIONS OF ONLINE SALES (the “Terms”)
LAST UPDATED: MAY 2024
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 802 1057, 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 c/o New Balance Customer Services
Brighton Landing,
1000 Guest Street, Boston, MA 02135 USA
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 Background: These Terms apply to your purchase of Products via the Site. The Site is directed at individual consumers residing in the United Kingdom.
1.5 We may make changes to these Terms: New Balance reserves the right to make changes to these Terms at any time. The changes will take effect upon their posting on the Site (unless otherwise noted in such changes). 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.
2. INTERPRETATION
2.1 Language: These Terms are made only in the English language.
2.2 Definitions: The following definitions apply to these Terms:
“Contract” has the meaning given in clause 3.1;
“Dispatch Confirmation” has the meaning given in clause 4.3;
“Event Outside Our Control” has the meaning given in clause 16.1;
“Order” means an order for Products purchased by you using the Site;
“Products” means New Balance products purchased from us using the Site;
"Regulations" has the meaning given in clause 12.1;
“Site” means the New Balance website found at http://www.newbalance.co.uk; and
“Terms” means these terms and conditions for the purchase of Products via the Site.
Part 2 - Supply of Products via this Site
3. APPLICABLE TERMS AND ACCEPTANCE
3.1 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 refuse to accept these Terms, you will not be able to purchase any Products from us through the Site.
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. Please take the time to read and check that your payment and contact information is correct prior to placing an Order.
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 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 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.
4.4 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 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.
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.
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
6.1 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, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. Any other use is prohibited unless agreed to by New Balance in writing.
7. YOUR RIGHTS TO MAKE CHANGES
7.1 If you wish to make a change to your Order, please contact us using the contact details provided in Part 1 of these Terms. We will let you know if the change is possible. If it is possible, we will tell you about any changes to the price of the Product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may choose to end the Contract (see clause 12 - Your rights to end a Contract).
8. PRICE OF PRODUCTS AND DELIVERY CHARGES
8.1 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.
8.2 VAT: The price of a Product includes VAT (where applicable) at the applicable current rate chargeable in the United Kingdom for the time being.
8.3 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.
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. Occasionally our delivery to you or your chosen collection point may be affected by an Event Outside Our Control. See clause 16 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 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.
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 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 Missed delivery dates: 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.
9.6 Delivery restrictions: We do not offer international delivery for items purchased through the Site. Additionally, please see this page for restrictions on deliveries to Crown Dependencies and British Overseas Territories.
10. HOW TO PAY
10.1 We accept most common credit and debit cards issued in the United Kingdom. To see if we accept your card, please check this page.
10.2 We will charge your debit or credit card when we dispatch your Order.
11. DEFECTIVE OR MISDESCRIBED PRODUCTS
11.1 For Products purchased through the Site, we will refund Products damaged in transit and/or containing a manufacturer's defect. To authorise the return of a defective Products, please contact using the contact details provided in Part 1 of these Terms. If you are contacting us by email or writing to us, please include the relevant Order number and a description/amount of Products to be returned. Please note that defective Products sent back to our warehouse without approval will not be reimbursed.
11.2 Clause 11.1 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 (other than in relation to defects in Products arising in transit);
(c) if you fail to use the Products in accordance with our instructions; or
(d) any alteration or repair by you or by a third party who is not one of our authorised repairers.
11.3 Clause 11.1 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 made available by the Competition and Markets Authority.
12. YOUR RIGHTS TO END A CONTRACT
12.1 As 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 the specified cancellation period as described in clause 12.2 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).
12.2 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 from the date of last 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 period is the end of 30 days after the day on which you receive the Product. For 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.
12.3 To cancel your Contract, please contact us using the contact details provided in Part 1 of these Terms. If you are contacting us by email or writing to us, 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 or by post, then your cancellation is effective from the date you send us the e-mail or post the letter to us, rather than when we receive it. 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.
12.4 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. 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, although, as permitted by law, the maximum refund will be the costs of delivery by the least expensive delivery method we offer. 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; and
(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 Products and we have not offered to collect it from you, 14 days after 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; or
(ii) if you have not received the Products 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;
12.5 Please contact the New Balance customer service team for information on how to return a Product. Further information on how you can return a Product to us is also available on this page.
12.6 We will refund you on the credit or debit card you used to pay for the Products.
12.7 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 12 or anything else in these Terms. Advice about your legal rights is made available by the Competition and Markets Authority.
13. IF THERE IS A PROBLEM WITH THE PRODUCTS
13.1 We are under a legal duty to supply Products that are in conformity with these Terms. See clause 13.2 below for a summary of your key legal rights in relation to the Products. Nothing in these Terms will affect your legal rights.
13.2 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:
(a) up to 30 days: if your goods are faulty, then you can get a full refund;
(b) 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
(c) up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.
Part 3 - General Terms
14. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
14.1 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 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.
14.2 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 13.2 or including the right to receive Products which are:
(i) as described and match information we provided to you and any sample or model seen or examined by you;
(ii) of satisfactory quality;
(iii) fit for any particular purpose made known to us; and
(iv) for defective products under the Consumer Protection Act 1987.
14.3 We are not liable for business losses: 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.
15. YOUR PERSONAL INFORMATION
We will use your personal information as set out in our Privacy and Cookies Notice here.
16. EVENTS OUTSIDE OUR CONTROL
16.1 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.
16.2 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.
16.3 If an Event Outside Our Control takes place that affects the performance of our obligations under these Terms (including our obligations under any Contract):
(a) we will contact you as soon as reasonably possible to notify you; and
(b) our obligations under that 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.
17. MISCELLANEOUS
17.1 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
17.2 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.
17.3 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.
17.4 Entire agreement: These Terms constitute the entire agreement between you and us, and supersede all prior agreements or communications.
17.5 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.
17.6 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.
17.7 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:
(a) if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland; or
(b) if you are a resident of Scotland, you may also bring proceedings in Scotland.
Alternatively, 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 this is not possible, to resolve your compliant via the courts.
Part 4 Terms and Conditions of Website Use
18. Trademarks and Copyrights
New Balance, the New Balance logo, the flying NB logo, N (design), newbalance.eu, the shopnewbalance.eu logo, 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 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 these Terms and Conditions 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.
19. 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.
20. 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 customercare@newbalance.eu.
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.
21. Policy Concerning Claims of Infringement
It is the policy of New Balance to respond expeditiously upon receiving notice of claimed intellectual property infringement on the Service. 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.
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
General Counsel
Brighton Landing
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.
22. 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 it 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, 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 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 these Terms and Conditions, New Balance shall also have the right, but not the responsibility, to refuse, remove or edit any Content (in whole or in part).
23. Links
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.
24. Indemnification
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.
25. Disclaimer
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.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, 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.
26. 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.
27. Termination
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.
28. 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 outside of the United Kingdom. To the maximum extent permitted by applicable law, access to the Service 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.
29. 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.
30. 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 5 General Terms and Conditions
31. 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.
32. Events Outside Our Control
32.1 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 32.2.
32.2 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.
32.3 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.
33. Miscellaneous
These Terms and Conditions constitute the entire agreement between you and us, and supersedes all prior agreements or communications. If any provision of these Terms and Conditions 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 and Conditions. 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 within the United Kingdom that are 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.
