NEW BALANCE TERMS FOR PURCHASE OF PRODUCTS USING PAY BY LINK FOR THE NETHERLANDS (the “Terms”)
LAST UPDATED: Janaury 26, 2023
PLEASE READ THE FOLLOWING TERMS CAREFULLY
Part 1 – Details
1. ABOUT US
1.1 Company details: New Balance Netherlands B.V., a company registered in the Netherlands under the chamber of commerce number 66528925 with its registered office at Danzigerkade 215, 1013 AP Amsterdam ( “New Balance”, “we,” “us” or “our”).
1.2 Contacting us: You may contact the relevant physical New Balance Store from which you made your purchase on any matter in relation to these Terms. You can find your local store here.
1.3 Our contact with you: If we have to contact you or give you notice in writing, we will do so by e-mail or by post to the address you provide to us in your Order.
1.4 Background: The Service is made available by our payment processor, Adyen in order to process your credit or debit card payment in relation to your purchase of New Balance products from a New Balance Store. These Terms apply to such purchase. The Service is directed to people residing in the Netherlands.
1.5 We may make changes to these Terms and the Service: New Balance reserves the right to make changes to the Service and these Terms at any time. The changes will take effect upon their posting on the Site (unless otherwise noted in such changes). If the changes lead to a substantial deviation from the initially promised performance, you may refuse the changes by dissolving the Contract.
1.6 Your record of these Terms: These Terms are made available to you in such a way that you can store and access it for later review. We advise you to print out or download and store these Terms and any Dispatch Confirmation (defined below) for your own records.
2.1 Language: These Terms are made only in the English language.
2.2 Definitions: The definitions and rules of interpretation in this clause apply to these Terms:
"Contract” has the meaning given in clause 3.1;
“New Balance Store” means the physical New Balance store from which you will make your purchase of Products via this Site;
“Online Shop Website” means the New Balance website where Customers may also purchase Products, found here.
“Order” means an order for Products purchased by you from a New Balance Store via the Service;
“Products” means New Balance products purchased from us using the Site;
“Service” means the pay by link services provided by an Adyen company.
“Site” means the Pay By Link website operated by an Adyen company.
Part 1 - 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 Service (“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. Please note that before you submit your payment information through the Service, you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to purchase any Products from us through the Service.
4. APPLICABLE TERMS AND ACCEPTANCE
4.1The Service 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 Service on 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.
5.1 Products may vary slightly from their pictures: The images of the Products on our Online Shop Website 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 Online Shop Website.
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. 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 CHANGES
8.1 Price of the Products:
(a) The prices of the Products will be as advised to you by the New Balance Store 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 Netherlands for the time being.
8.3 Delivery charges: 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.
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. 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 17 for our responsibilities when this happens.
9.2 Collection by you: If you have asked to collect the Products from the applicable New Balance Store, you can collect them from us at any time during that New Balance Stores opening hours.
9.3 Completion of delivery: Delivery of an Order shall be completed either when we deliver the Products to the address you gave us at the time of placing the Order on the Site or from your collection of the Products from the applicable New Balance Store and the Products will be your responsibility from that time.
9.4 Transfer of risk in the Products: You are responsible for the Products upon your collection of the Products in accordance with clause 9.2 or on delivery of the Products to you in accordance with clause 9.3.
9.5 Transfer of title in the Products: You own a Product upon your collection of the Products in accordance with clause 9.2 or on delivery of the Products to you in accordance with clause 9.3.
9.6 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.
9.7 International delivery: We do not offer international delivery for items purchased through this Service.
10.HOW TO PAY
10.1 We accept most common credit and debit cards issued in the Netherlands.
10.2 We will charge your debit or credit card when we dispatch your Order.
11. DEFECTIVE OR MISDESCRIBED PRODUCTS
11.1 For items purchased through the Service, we will refund items damaged in transit and/or containing a manufacturer's defect. To authorise the return of a defective item, please contact our customer service team and ask them to put you through to the New Balance Store from which you purchased the Product (see clause 1.2 for customer service team contact information). Please note that defective items 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;
(c)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 If you are a consumer, 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 Dutch government.
12.YOUR RIGHTS TO END A CONTRACT
12.1 If you are a consumer, you have a legal right to cancel a Contract under, inter alia, the Directive 2011/83/EU and the Dutch Civil Code (the "Regulations") during a specified cancellation period 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. You can consult among others the website of the Authority for Consumers and the Market for more information about your rights of cancellation via https://www.acm.nl/nl/onderwerpen/verkoop-aan-consumenten/verkopen-aan-consumenten/bedenktijd-wanneer-niet-wanneer-wel.
12.2 Your legal right to cancel a Contract starts from the date of the Dispatch Confirmation (the date on which we e-mail you to confirm our acceptance of your Order), which is when the Contract between us is formed. Your deadline for cancelling the Contract then depends on what you have ordered and how it is delivered. The Regulations specify a 14-day cancellation period starting 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. 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 a Contract, please contact the New Balance customer service team (see clause 1.2 for customer service team contact information). You may want to use the model withdrawal form set out in the Annex. If you are e-mailing us or writing to us please include details of your Order (including the relevant Order number and a description/amount of Products to be returned) to help us to identify it. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you send us the e-mail or post the letter to us. For example, you will have given us notice in time as long as you get your letter into the last post on the last day of the cancellation period or e-mail us before midnight on that day.
12.4 If you cancel your Contract we will:
(a) refund you the price you paid for the Products. However, please note we are permitted by law to reduce your refund to reflect any reduction in the value of the Products if your use or handling of the Products has damaged or reduce 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, although, as permitted by law, the maximum refund will be the costs of delivery by the least expensive delivery method we offer (provided that this is a common and generally acceptable method). For example, if we offer delivery of a Product within 3-5 days at one cost but you choose to have the Product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
(c) make any refunds due to you as soon as possible and in any event within the deadlines indicated below:
(i) IFyou have received the Product and we have not offered to collect it from you, 14 days after the day on which we receive the Product back from you or, if earlier, the day on which you provide us with evidence that you have sent the Product back to us;
(ii) if you have not received the Product or you have received it and we have offered to collect it from you: 14 days after you inform us of your decision to cancel the Contract.
(d) Please contact the New Balance customer service team for information on how to return a Product.
12.5 We will refund you on the credit or debit card used by you to pay.
12.6 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 Dutch government.
13.IF THERE IS A PROBLEM WITH THE PRODUCT
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 Product. 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 https://www.rijksoverheid.nl/onderwerpen/bescherming-van-consumenten/vraag-en-antwoord/wat-kan-ik-doen-als-het-product-dat-ik-heb-aangeschaft-defect-is
As the Product are goods, Dutch law says goods must be in conformity with the Contract. In short, the goods should possess the qualities required for normal use which you may expect on the basis of the Contract. 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 an immediate refund or make use of your right to request for repairs or replacement;
(b) up to two years: if your goods can't be repaired or replaced, then you're entitled to a full refund, in most cases;
(c) up to three years: if your goods do not last a reasonable length of time you may be entitled to some money back.
Part 3 - General Terms
14.1 New Balance engages a third party to provide the Site and the Service to you. Therefore New Balance, our officers, directors, employees, agents, suppliers, or licensors (collectively, the “New Balance Parties”) do not make any warranties in relation to the provision of the Site or the Service.
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 death or personal injury caused by our negligence or the negligence of New Balance Parties for:
(a) fraud or fraudulent misrepresentation;
(b) for breach of your legal rights in relation to the products as summarised at 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 under the Dutch 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
We will use your personal information as set out in our Privacy and Cookies Notice here
17. EVENTS OUTSIDE OF 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, 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.
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.
18.1 We may transfer a Contract 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 to someone else: You may only transfer your rights or your obligations under these terms 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 this 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 supersedes 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 it 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 this 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 it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of the Netherlands. You and we agree that the courts of Amsterdam shall have non-exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms or its subject matter or formation (including non-contractual disputes or claims).
Model Withdrawal/Cancellation Form
(complete and return this form only if You wish to withdraw from the Contract)
To New BalanceNetherlands B.V., Danzigerkade 215, Floor 4, 1013 AP, Amsertdam, Netherlands,
I/We(1) hereby give notice that I/We(1) withdraw from my/our(1) contract of sale of the following goods(1)/for the provision of the following service(1),
Ordered on(1)/received on(1) ___________________________________________________________________,
Name of consumer(s) __________________________________________________________________________,
Address of consumer(s)_________________________________________________________________________,
Signature of consumer(s) (only if this form is notified on paper),
(1) Delete as appropriate