NEW BALANCE TERMS AND CONDITIONS FOR ONLINE SALES (the “Terms”)

LAST UPDATED: 16.06.2023 

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 0805 109946, by email at support@new-balance.zendesk.com, online at https://new-balance.zendesk.com/hc/fr/requests/new, or by writing to us at New Balance Athletic Shoes (UK) Limited c/o New Balance Customer Services, Appleton House, 430 Birchwood Boulevard, Birchwood, Warrington, Cheshire WA3 7WD, England.

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 France.

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 French language.

2.2 Definitions: The following definitions apply to these Terms:

“Consumer Code” has the meaning given in clause 12.1;

“Contract” has the meaning given in clause 3.1;

“DGCCRF“ has the meaning given in clause 11.3; 

“Dispatch Confirmation” has the meaning given in clause 4.3;

“Event Outside Our Control” has the meaning given in clause 17.1;

“Order” means an order for Products purchased by you using the Site;

“Products” means New Balance products purchased from us using the Site;

“Site” means the New Balance website found at https://www.newbalance.fr/; 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 - the right of withdrawal).

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 is indicated in euros and includes VAT at the applicable current rate chargeable in France 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 17 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, please send us a notice using the contact details provided in Part 1 of these Terms to carry out the delivery within a reasonable additional time. If we fail to carry out the delivery within this additional time, you may cancel your Contract. 

If we miss a delivery deadline for any Products, you also 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: https://www.newbalance.fr/fr/customer-service-shipping.html for restrictions on deliveries to French overseas territories. 

10. HOW TO PAY

10.1 We accept most common credit and debit cards issued in France. To see if we accept your card, please check this page: https://www.newbalance.fr/fr/customer-care-page-content/customer-service-paymentoptions.html.

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 Product, 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. 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 (see clauses 13 and 14). Advice about your legal rights is made available by the Ministry of Economy, Finance and Industrial and Digital Sovereignty and the Direction Générale de la concurrence, de la consommation et de la répression des fraudes (“DGCCRF“).

12. YOUR RIGHTS TO END A CONTRACT – THE RIGHT OF WITHDRAWAL 

12.1 As a consumer, you have a legal right to cancel your Contract under Article L. 221-18 and seq. of the Consumer Code (the “Consumer Code”) during the specified withdrawal period as described in clause 12.2 below. This means that during the withdrawal 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 Ministry of Economy, Finance and Industrial and Digital Sovereignty (Online sales : all you need to know on the withdrawal right) and the DGCCRF.

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 Consumer Code specifies a 14-day withdrawal period starting from the date of the last receipt of the Products by the consumer but we have chosen to extend this to give you more time to decide whether or not you wish to return a Product. The withdrawal 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 Products which fall within one of the below categories are not covered by the legal guarantee of conformity in accordance with Article L. 221-28 of the Consumer Code, and as such, you cannot use your right of withdrawal and the Products cannot be returned:  

(a) Products that have been unsealed by the consumer after delivery and which cannot be returned for hygiene or health protection reasons;

(b) Products made to the specifications of the consumer or clearly personalized. 

12.4 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. You also have the option to use the template withdrawal form available in the Annex of these Terms. If you send us your withdrawal notice by e-mail or by post, then your withdrawal 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 withdrawal period or e-mail us before midnight on that day. 

12.5 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.

12.6 You must return the Products to us within 14 days from the day on which you communicate your withdrawal notice. 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: https://new-balance.zendesk.com/hc/fr/articles/360017426474-Comment-faire-pour-retourner-un-article-.

12.7 We will refund you on the credit or debit card you used to pay for the Products.

12.8 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 Ministry of Economy, Finance and Industrial and Digital Sovereignty and the DGCCRF.

13. IF THERE IS A PROBLEM WITH THE PRODUCTS 

13.1 See clause 14 below for a summary of your key legal rights in relation to the Products. Nothing in these Terms will affect your legal rights. 

14. LEGAL GUARANTEE OF CONFORMITY AND LEGAL GUARANTEE OF HIDDEN DEFECTS

14.1 We are under a legal duty to supply Products that are in conformity with these Terms. The Products sold on the Site are subject to the legal guarantee of conformity provided by Article L. 217-3 and seq. of the Consumer Code. 

14.2 A Product is in conformity if it:

(a) is fit for the usual expected purpose of a similar good;

(b) possesses the qualities announced by the seller;

(c) is delivered with all the accessories provided for in the contract (for example packaging or instructions); and

(d) corresponds to the quantity, quality and any other characteristic announced by the seller.

14.3 Within the framework of the legal guarantee of conformity, we are responsible for the non-conformity of the Product in the following conditions:

The consumer has a period of two years from the delivery of the goods to implement the legal guarantee of conformity in the event of the appearance of a non-conformity defect. During this period, the consumer is only required to establish the existence of the lack of conformity and not the date of its appearance.

Where the contract for the sale of the goods provides for the supply of digital content or a digital service on a continuous basis for a period of over two years, the legal guarantee is applicable to such digital content or digital service throughout the supply period. During this period, the consumer is only required to establish the existence of the lack of conformity affecting the digital content or service and not the date of its appearance.

The legal guarantee of conformity entails an obligation on the part of the professional, where applicable, to provide any updates which are necessary to maintain the conformity of the good.

The legal guarantee of conformity gives the consumer the right to repair or replace the goods within thirty days of their request, free of charge and without major inconvenience for them.

If the good is repaired under the legal guarantee of conformity, the consumer benefits from a six-month extension of the initial guarantee.

If the consumer requests the repair of the good, but the seller imposes a replacement, the legal guarantee of conformity is renewed for a period of two years from the date of replacement of the good.

The consumer may obtain a reduction in the purchase price by retaining the goods or terminate the contract by obtaining a full refund in exchange for the return of the goods, if:

1° The professional refuses to repair or replace the goods;

2° The repair or replacement of the goods takes place after a period of thirty days;

3° The repair or replacement of the goods causes a major inconvenience to the consumer, in particular when the consumer ultimately bears the cost of taking back or removing the non-conforming goods, or if they bear the costs of installing the repaired or replaced goods;

4° The non-conformity of the goods persist despite the seller’s unsuccessful attempt to bring them into conformity.

The consumer is also entitled to a reduction in the price of the goods or to termination of the contract where the lack of conformity is so serious that it justifies an immediate reduction in price or termination of the contract. The consumer is then not required to request the repair or replacement of the goods beforehand.

The consumer is not entitled to terminate the sale if the non-conformity defect is minor.

Any period of immobilization of the good for its repair or replacement suspends the guarantee period which remains to run until the delivery of the restored goods.

The above-mentioned rights result from the application articles L. 217-1 to L. 217-32 of the Consumer Code.

A seller who in bad faith obstructs the implementation of the legal guarantee of conformity is liable to a civil fine of up to 300 000 euros, which may be increased to up to 10% of the average annual turnover (article L. 241-5 of the Consumer Code).

The consumer also benefits from the legal guarantee of hidden defects pursuant to articles 1641 to 1649 of the Civil Code, for a period of two years from the discovery of the defect. This guarantee gives the right to a price reduction if the good is kept or to a full refund against return of the good.

14.4 Also within the framework of the legal guarantee of conformity:

(a) you are not required to pay for the normal use that was made of the Product prior to its replacement;

(b) any price reduction is proportionate to the difference in value between the value of the delivered Product and the value of the same Product in the absence of the defect; and

(c) any refunds due are made as soon as we receive the Product back from you or, if earlier, the day on which you provide us with evidence that you have sent the Product back to us, and at the latest 14 days after the day on which we receive the Product back from you.

14.5 This legal guarantee shall apply independently of any commercial warranty granted by us.  


Part 3 - General Terms

15. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

15.1 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. 

15.2 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 14 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 Articles 1245 to 1245-17 of the Civil Code. 

15.3 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.

16. YOUR PERSONAL INFORMATION 

16.1 We will use your personal information as set out in our Privacy and Cookies Notice here: https://www.newbalance.fr/fr/privacy-policy.html

17. EVENTS OUTSIDE OUR CONTROL 

17.1 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. 

17.2 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. 

17.3 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.

18. MISCELLANEOUS

18.1 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. 

18.2 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.  

18.3 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.

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

18.5 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. 

18.6 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.

18.7 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 France. You and we agree that the courts within the jurisdiction of the Paris Court of Appeal 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) if your residence is in France. 

18.8 Raise a complaint: Alternatively, if you wish to raise a complaint you can contact us using the contact details provided in Part 1 of these Terms. If you raise a complaint with us and are not satisfied with our response, you are entitled to bring a claim with an appropriate alternative dispute resolution (“ADR”) scheme such as the Fédération du e-commerce et de la vente à distance (“FEVAD”) whose contact details are as follows: 

Consumer Mediator FEVAD 

BP 20015 – 75362 PARIS CEDEX 8 – FRANCE 

www.mediateurfevad.fr

Please note that our membership with the FEVAD is in progress. 

You are also entitled to raise a complaint on the online dispute resolution platform set up by the European Commission for consumer disputes resulting from online purchases by clicking here. The European Commission will then transfer your complaint to the notified competent national mediators. 

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. 


Annex – Template withdrawal form

This template has to be filled and returned only if you wish to withdraw from the contract. You have the possibility to send this form by email or by post. 

Post:

For the attention of New Balance Athletic Shoes (UK) Limited c/o New Balance Customer Services

Appleton House

430 Birchwood Boulevard

Birchwood

Warrington

Cheshire WA3 7WD 

ENGLAND

E-mail: support@new-balance.zendesk.com

I/We (*) hereby, notify my/our (*) withdrawal from my/our (*) contract for the sale of the following product(s):

- Ordered on [.] / received on [.]-

- Name of consumer(s):

- Address of the consumer(s):

- Signature of the consumer(s) (only in case of notification of this form on paper)

- Date:

(*) Cross out what is not applicable.