1. Applicability

These Terms and Conditions of Sale (“Terms and Conditions”) apply to the sale of the Extract from the Archives service provided by Breitling, which you, acting as a consumer (“Customer” or “you"), may order from Breitling Switzerland SA, Bahnhofstrasse 39, 2540 Grenchen, VAT number CHE-285.737.564 (referred to as “us”, “our”, “we” or “Breitling”) via our website https://www.breitling.com/ (the “Website”).

By placing any order through our Website, you confirm that you accept these Terms and Conditions and that you agree to comply with them. Please do not place any order if you do not agree to these Terms and Conditions.

2.Archive Extracts

2.1. Eligibility

To make any orders, Customers must (a) act as consumers, (b) have reached either the age of 18 years or the minimum required age for legal majority in your country of residence, and (c) have the legal capacity to enter into contracts.

If you are under the age of 18 years or below the required age for legal majority in your country of residence or otherwise cannot lawfully enter into a contract, only your parents or guardian can place an order on your behalf. Any orders contrary to this provision will be null and void.

2.2. Order Request

You can request extracts from Breitling’s archives by visiting the Breitling Archives page and completing the online form. You will be asked to provide the following information:
• Watch model reference;
• Watch serial number;
• Your contact details, including your email address; and
• Clear picture(s) of your watch (both face and caseback).
The prices for the service are as shown at the time of the order. While prices may change, this will not affect orders that have already been placed and confirmed by Breitling.
Before submitting your request, you will have the opportunity to review the information provided and the price displayed. Once satisfied, you can proceed with the form submission.
By requesting extracts from Breitling’s archives, you acknowledge that an archive extract does not serve as proof of authenticity for the referenced Breitling product, nor does it confirm ownership by you or any other individual.

2.3. Order Confirmation

After you submit the online form, if your archive request is accepted, you will receive a confirmation email from Breitling. This email will serve as confirmation of our acceptance of your purchase offer, forming a binding contract between you and us. It will include the details of your order, a payment link for the archive extract, and other relevant payment information.
Please note that Breitling reserves the right to refuse a Customer’s order if it is deemed abnormal, excessive, or in violation of these Terms and Conditions. Additionally, if the information you provide is incomplete, unclear, or inaccurate, we may request further details from you. If you do not provide the requested information, or if our archives lack the necessary details to produce the extract, we may cancel your request. In such cases, we will notify you via the email address provided in your online form.

2.4. Payment

You must pay using the options listed in the order confirmation email, which may include credit/debit cards, bank transfer, or other methods. We reserve the right to conduct security, identity, and credit checks to prevent fraud.

Payment is considered final once confirmation is received from the payment provider. Once payment is processed, modifications to your order are not permitted. If payment is not received by the due date, the order will be automatically cancelled.

You confirm and warrant that you are the owner of, or are otherwise authorized to use, the payment method used for your order, and that the payment information provided at the time of purchase is accurate.

2.5. Delivery

Once payment is confirmed, we will prepare and send the archive extract in PDF format to the email address you provided. Delivery times may vary depending on the complexity of the request and availability of data in our archives, but we will aim to provide the extract promptly.

3. Right Of Withdrawal

Where the right of withdrawal is applicable, it does not extend to custom-made or personalized orders, such as Breitling’s archive extracts. Therefore, once your order is confirmed, you do not have the right to withdraw from the contract or return the requested extract.

By submitting your order request and proceeding with payment, you acknowledge and agree that the right of withdrawal does not apply to Breitling’s archive extracts, as these are made to your specifications and are clearly personalized.

4. Accuracy Of Pricing and Service Descriptions

While Breitling endeavors to verify the accuracy of the information provided on its Website, it makes no warranties of any kind, whether express or implied, regarding the accuracy, reliability, or completeness of such information. Any payments required will include any applicable sales tax unless otherwise specified. If Breitling determines that it has a legal obligation to collect sales tax from you in relation to these Terms and Conditions, it will collect this tax in addition to the payments specified in section 2.4.

Website information is provided on an “as is” and “as available” basis without any representation or endorsement made, and Breitling makes no warranties of any kind, whether express or implied, in relation to such information, or any transaction that may be conducted including, but not limited to, the implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, reasonable care and skill, or non-infringement.

Breitling will not be liable for any damages other than actual, direct damages that can be proven in court. While Breitling will make every effort to ensure that the descriptions, photographs, and graphical representations of its services displayed on the Website are as accurate as possible, it does not warrant that such materials or content are error-free due to inaccuracies, omissions, obsolescence, or other reasons.

5. Personal data

For information on how Breitling collects, uses, and shares your personal data, please refer to our Privacy Policy. By using our services, you acknowledge that we may handle your data in accordance with this policy.

In particular, we collect the personal data you provide when placing an order and making a payment, including your contact information (e.g., name, postal address, email address, and mobile or other telephone numbers) and your payment information (e.g., payment card number, expiry date, authorization number, or security code, along with delivery and billing addresses). We process your personal data for the purpose of fulfilling your order. For further information, please consult our Privacy Policy.

6. Liability

Notwithstanding anything else in these Terms and Conditions, certain laws and regulations from your country of residence may impose consumer guarantees, imply warranties or conditions, or impose obligations upon us, which cannot be excluded, limited or modified. If any of these laws or regulations apply to you, some or all of the limitations below may not be applicable to you, and you may have additional rights. We do not exclude or limit in any way our liability to you where it would be unlawful to do so.

Subject to the above:
(a) We are liable, irrespective of the legal grounds, within the scope of fault-based liability, only for willful intent and gross negligence. In the event of simple negligence, we shall only be liable, subject to mandatory applicable law, for damages arising from death, personal injury, and from the breach by Breitling of a material contractual obligation to you upon which you rely for the proper performance of the contract. Liability for simple negligence is limited to compensation for the foreseeable, typically occurring damage.
(b) In no event shall Breitling be held liable for (i) indirect, special, or consequential damages of any kind arising in connection with Breitling services, their use, their sale or the Website and (ii) losses not foreseeable by both parties when the contract was formed.
(c) Without limiting the scope of these Terms and Conditions, no request regarding delivered Breitling services, non-delivery, or any other claim may exceed the amount of the purchase that gave rise to the claim for damages.

7. Applicable Law and Jurisdiction

These Terms and Conditions shall be governed by and construed in accordance with the laws of Switzerland without reference to conflict of laws provisions. This choice of law will not deprive the Customer, acting as consumer, of the protection afforded to the Customer by provisions that cannot be derogated from by agreement under the laws in its place of residence.

You may bring proceedings against us either in the courts of Solothurn, Switzerland or in the Swiss canton or in the country where you are domiciled. We may also bring proceedings against you in the courts of the Swiss canton or the country where you are domiciled.

Without any restriction to bring proceedings before a court, you and Breitling will first make reasonable efforts for a period of thirty (30) days to resolve amicably any dispute or failure to agree that may arise out of or relate to our services, the Terms and Conditions or any breach thereof. You may also submit your complaint through the online dispute resolution platform (ODR platform) provided by the European Commission for online sales or service contracts between a consumer resident in the European Union and a seller in the European Union. This platform is accessible at the following address: https://webgate.ec.europa.eu/odr/. The use of the platform is neither mandatory, nor a prerequisite for legal action.

8. Other Important Terms

These Terms and Conditions constitute a contract between you and us. No other person shall have any rights to enforce any of its terms. Neither party will need to obtain the agreement of any other person to terminate the contract or make changes to these terms.

Any dispute, controversy or claim arising out of or in relation to the Terms and Conditions, including the validity, invalidity, breach or termination of the Terms and Conditions, shall be resolved in accordance with the Terms and Conditions.

We may amend these Terms and Conditions from time to time. You may wish to check the relevant terms that apply at the time of placing an order through our Website. Changes will not affect orders that have been placed and confirmed.

If certain provisions of these Terms and Conditions are declared void or partially invalid, the other clauses shall remain unaltered in their force and effect. The invalid provisions are replaced by the applicable legal provisions of Swiss law including those which were not provided for in these Terms and Conditions. The waiver by us of a breach of any provision of these Terms and Conditions will not operate and/or be interpreted as a waiver of any other or subsequent breach.