Terms & Conditions

Please Read the Following Terms and Conditions Carefully

This website is provided and made available by New Balance South Africa (Pty) Ltd, with registration number: 1999/021414/07 and with registered address being 4th Floor Library Square, 1 Wilderness Road, Claremont, Western Cape, 7708, including all affiliates, subsidiaries, related and inter-related companies (herein referred to as “New Balance”, “we,” “us” or “our”).

By using the website located at www.newbalance.co.za and the pages, features, information, content, applications and services contained therein from time to time (collectively, the “Service”), you agree to these terms and conditions (“Terms and Conditions”), whether you are a “Visitor” (which means that you simply browse the Service) or you are a “Member” (which means that you have registered or transacted with the Service or a component thereof). The term “User” refers to a Visitor or a Member. If you do not agree to these Terms and Conditions, you should not use any part of the Service.

New Balance reserves the right to make changes to the Service and these Terms and Conditions at any time. The changes will take effect upon their posting on the Service (unless otherwise noted in such changes). Please review these Terms and Conditions as often as you feel necessary, since your continued viewing of and/or use of the Service will serve as your confirmation that you agree with and accept any and all changes. If you are a Member and you do not agree with such changes, your sole remedy is to cancel your registration to the Service and discontinue all use of the Service.

To understand our privacy practices, please review our Privacy and Cookies Notice, which also governs your use of the Service. We advise you to print out or download and store these Terms and Conditions and any Dispatch Confirmation for your own records.

Part 1 Supply of Goods

1. Applicable Terms and Conditions

The sale of any Products listed on our website (“Products”) will be governed by these Terms and Conditions as set out in clauses 2 to 8 below which will apply to any contract between you and us for the sale of Products to you (“Contract”). Please read these Terms and Conditions carefully and make sure that you understand them, before ordering any Products from our website. Please note that before placing an order you will be asked to agree to these Terms and Conditions. If you refuse to accept these Terms and Conditions, you will not be able to order any Products from our website.

2. Contacting Us if You Are a Consumer

2.1 If you wish to contact us for any reason, including because you have any complaints, you can contact us by telephoning our customer service team at 0800 172 999 or by e-mailing customercare@newbalance.co.za.

2.2 If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.

3. Our Products

3.1 The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images and we cannot be held liable for any losses or damages incurred or sustained in this regard.

3.2 The packaging of the Products may also vary from that shown on images on our site, in accordance with our business and operational requirements.

4. How the Contract is Formed Between You and Us

4.1 Our shopping pages will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. It is your responsibility to read and check your order at each page of the order process.

4.2 All orders that you place on this website will be subject to acceptance in accordance with these Terms and Conditions. Following your confirmation and placing of the order we send out an acknowledgement email detailing the order and the final price you will pay for the Products including tax and shipping costs. Please note that this email is not an order confirmation or order acceptance of your order by New Balance and we reserve the right to reject such order or limit the quantity of Products under such order. Our acceptance of your order will take place as described in clause 4.3.

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

4.4 If we are unable to supply you with a Product for any reason whatsoever and in our sole discretion, for example because that Product is not in stock or no longer available or because we cannot meet your requested delivery date, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount including any delivery costs charged as soon as reasonably possible.

5. Returns and Refunds

5.1 If you are not completely satisfied, you can return the Product to us and we will either replace it or credit your account, subject to the terms contained below.

5.2 You can return an unwanted Product to us, provided:

5.2.1 it is free of any latent or patent defects and is unused, with the original labels still attached;
5.2.2 it is in the original packaging, which must be undamaged and in its original condition with all seals still intact (if applicable);
5.2.3 it is not missing any accessories or parts; and
5.2.4 you log a return on the Website within 30 days (or 7 days for products marked “on Sale”) of delivery to you or collection by you of the unwanted product. After 30 days (or 7 days) you can only return a Product only if it is defective within 6 months from delivery to you.

5.3 If you return a defective Product to us, but you fail to return all of the accessories that were sold with that product, we are entitled (subject to applicable law) to refuse the return, only to replace the item that you did return, or to estimate the value of the missing accessories and only to credit or refund you in respect of the returned item.

5.4 The following will NOT be regarded as defects and will not entitle you to a return:

faults or damage resulting from normal wear and tear;
damage arising from negligence, user abuse or incorrect usage of the product;
damage arising from a failure to adequately care for the product;
damage arising from unauthorised alterations to the product; and
where the specifications of a product, although accurately described on the Website and generally fit for its intended purpose, do not suit you.
damage to cricket bats will not be considered without proof of preparation (I.e., proof of service or receipt)

5.5 We will collect the Product from you at no charge. We are entitled to refuse collection of a Product that is not properly packaged for transport.

5.6 Once we have inspected the Product and validated your return, we will reimburse you with the purchase price of the Product within 20 days of the return to the account details as stipulated by you.

5.7 All refunds can take 5 - 10 working days to reflect in your account.

5.8 In such a case, we will collect the Product from you and deliver the requested Product to you at no additional costs.

5.9 If such variation is not immediately available, we will reimburse you within 20 days of you logging the return.

5.10 We reserve the right to inspect the Product in order to validate your return.

5.11 If we accidentally deliver the wrong Product to you or if the Product is not as described on the Website (or if it is missing any accessories), please notify us and we will collect the product from you at no charge. Once we have inspected the Product and validated your return, we will, at your choice, deliver the correct Product to you as soon as possible (if the correct product is available); or reimburse you with the purchase price of the Product within 20 days of the return.

5.12 Should a product be damaged at the time of delivery / collection, please notify us of such.

5.13 We will arrange to collect the Product from you at no charge. Once we have inspected the Product and validated your return, we will, at your choice, replace the Product as soon as possible (if such replacement is possible) or reimburse you with the purchase price of the Product.

5.14 If you return a Product that does not comply with this Policy, you may be liable to reimburse us for the cost of collecting the Product from you and the cost of having the Product returned to you.

6. Delivery

6.1 Following receipt of the Dispatch Confirmation you will be able to track the progress of your order through our authorized carrier. Please contact the carrier using the details set out in the Dispatch Confirmation if you require an estimated delivery date. Occasionally our delivery to you may be affected by an Event Outside Our Control. See clause 25 for our responsibilities when this happens.

6.2 All delivery dates and times are merely estimates and are not binding on New Balance. Delivery of an order shall be completed when we deliver the Products to the address stipulated by yourself when placing the order and the Products will be your responsibility from the time delivered at the aforementioned address.

6.3 Ownership in the Products will only transfer to you once we have received payment in full, including all applicable delivery charges.

6.4 If we exceed a proposed delivery deadline by 10 (ten) days or more for any Products then you may cancel your Contract by providing us with prior written notice if we have refused to deliver the Products.

6.5 If you do not wish to cancel your order, or do not have the right to do so under clause 6.4, you can give us a new deadline for delivery, which must be reasonable, and you can cancel your Contract by prior written notice if we do not meet the new deadline.

6.6 If you do choose to cancel your Contract for late delivery under clause 6.4 or clause 6.5, you can do so for just some of the Products or all of them, unless splitting them up would significantly reduce their value. After you cancel your Contract we will refund any sums you have paid to us for the cancelled Products and their delivery costs, if any.

6.7 You agree and understand that we shall not be liable to you for any special, incidental or consequential damages of whatsoever nature suffered by you due to delay in delivery of the Products.

7. Price of Products and Delivery Charges

7.1 The prices of the Products will be as quoted on our website at the time you submit your order. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system, however, we cannot guarantee same.

7.2 Prices for our Products may change from time to time, but the changes will not affect any order you have already placed.

7.3 The price of a Product includes VAT (where applicable) at the applicable current rate chargeable in the Republic of South Africa for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.

7.4 The price of a Product does not include delivery charges. Our delivery charges are as advised to you during the check-out process, before you confirm your order. To check relevant delivery charges, please refer to our Shipping Information page.

8. How to pay

8.1 For information on how to pay and what debit and credit cards we accept, please go to our Payment Methods page.

8.2 We will not charge your debit card or credit card until we dispatch your order.

8.3 Store credits may be earned and managed in accordance with our Terms and Conditions, as may be amended from time to time. We reserve the right to cancel or withdraw any store credit rewards for any reason in its discretion, including if we suspect fraud or foul play.

Part 2 Terms and Conditions of Website Use

9. Trademarks and Copyrights

New Balance, the New Balance logo, the flying NB logo, N (design), newbalance.co.za, the shopnewbalance.eu logo, and other New Balance and newbalance.co.za 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.

10. 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 South African laws and international copyright laws. The compilation of all content and material on the Service is the exclusive property of New Balance and protected by South African laws 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, 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.

11. 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.co.za.

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 and/or if you are committing any unlawful acts on our platforms.

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, and to take appropriate action should it deem it necessary to do so.

12. 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 (ZA) 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.

13. 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).

14. 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.

15. 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.

16. 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.

17. 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.

18. 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.

19. Compliance with Applicable Laws

This Service is based in the Republic of South Africa. We make no claims concerning whether the Content may be downloaded, viewed, or be appropriate for use outside of the Republic of South Africa. To the maximum extent permitted by applicable law, access to the Service or the Content from outside the Republic of South Africa is at your own risk. Whether inside or outside of the Republic of South Africa, you are solely responsible for ensuring compliance with the laws of your specific jurisdictions.

20. 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.

21. No Resale

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

Part 3 General Terms and Conditions

22. Events Outside Our Control

22.1 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 23.2.

22.2 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.

22.3 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.

23. 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 Republic of South Africa 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 South African law. You and we both agree to that the Western Cape High Court will have non-exclusive jurisdiction.