TERMS AND CONDITIONS – ADDITIONAL SERVICES

1. APPLICABILITY 

The following conditions and any other related terms made available as provided herein (“Terms of Sale for Services”) shall apply to additional services as provided by Breitling to its customers (“Breitling Services”) that you, acting as consumer, (also referred to as the “Customer(s)”) may order from Breitling Oceania Pty Ltd (referred to as “us”, “our”, “we” or “Breitling”) online via Breitling's website, under the URL https://www.breitling.com/ (“Website”).  

Certain Breitling Services may also be offered for purchase to Customer(s) via the Concierge Service of Breitling (“Concierge Service”) and/or within a dedicated Breitling Boutique, which in either case the Terms of Sales for Services apply accordingly. The Concierge Service can be contacted by phone in each country where Breitling operates. You can find a list of specific country numbers and further contact information here.   

These Terms of Sale for Services apply exclusively to orders for specific services listed below, made online through the Website or, where applicable, through the Concierge Service, by consumers residing in Australia. 

IMPORTANT NOTICE: Please note that these Terms of Sale for Services contain important provisions that may limit or vary your rights and remedies under applicable law, namely; Breitling reserves the right to modify these Terms of Sale for Services as described below in this clause 1; Breitling reserves the right to modify the Breitling Services available on the Website under clause 2.2; subject to Australian Consumer Law, Breitling makes no warranties of any kind in relation to information on its Website under clause 6; and to the extent permitted by law, any claim or dispute arising in relation to the Breitling Services or these Terms of Sale for Services will be resolved, at Breitling’s election, exclusively and finally by binding arbitration in accordance with clause 8. Other similarly important terms are highlighted in these Terms of Sale for Services. 

From time to time, Breitling may modify the Terms of Sale for Services at its sole discretion. Breitling will announce such modifications where required by law, but please also check our Website on a regular basis to be informed of any changes. If you do not wish to be bound by any modifications to the Terms of Sale for Services, you should contact the Concierge Service to stop your interaction with us and refrain from making any online orders through the Website after the effective date of the changes. Orders placed before the effective date of changes to the Terms of Sales for Services will not be affected by these changes. 

The provisions below do not intend to exclude or replace your consumer guarantee rights under the Australian Consumer Law. 

2. ORDERING BREITLING SERVICES 

2.1 ELIGIBILITY TO PURCHASE 

To be eligible to purchase Breitling Services through the Website you must (a) be at least eighteen (18) years old and have legal capacity to enter into these contracts, if you are a natural person; or (b) have the legal power, capacity and authority to enter into these Terms of Sales for Services, if you are a company; and (c) have a shipping address in Australia. In some cases, you may be able to provide an international billing address, except for sanctioned regions. If this option is available, it will be shown to you at checkout. 

If you are under the age of majority or otherwise cannot lawfully enter into a contract, only your parent or guardian can place an order on your behalf and thus consent to these Terms of Sale for Services. Any orders contrary to this provision will be null and void. 

By placing an order on the Website or through the Concierge Service, you guarantee that you are purchasing the Breitling Service in good faith and will not purchase, deliver, sell, or otherwise distribute the Breitling Service for commercial purposes or for any commercial benefit. Breitling may refuse the order if it believes, in its sole discretion, that an order would contravene this statement or that you are involved in fraudulent or grey market activities. 

2.2 AVAILABILITY OF SERVICES 

Breitling reserves the right to change the selection of Breitling Services available on the Website or through the Concierge Service at its sole discretion, at any time.  

You will find information regarding Breitling Services and third-party services that are currently available on the dedicated #BreitlingCare page of the Website available here or through our Concierge Service. 

2.3 PROCESSING YOUR ORDERS 

Please carefully review your order on the ordering page of the checkout and click on the “CONFIRM MY ORDER AND PAY” or similar button. When placing an order on the Website or through the Concierge Service, you may be asked to provide additional personal information, such as your shipping and billing address, payment details, or identity verification information. You confirm that all personal information provided to Breitling is true and accurate. Breitling or its third-party providers may also collect additional information for security and anti-fraud purposes. 

Notwithstanding anything to the contrary herein, and to the extent permitted by local law, Breitling reserves the right to refuse, cancel, or terminate orders at any time and at its reasonable discretion. For example, this may occur if there is an ongoing dispute regarding payment for a prior order or if Breitling reasonably suspects a violation of these Terms of Sales for Services. If Breitling exercises its rights under this clause, any amounts already paid by you for the cancelled order will be refunded to your payment method.  

2.4 ORDER VERIFICATION  

You are responsible for verifying and confirming all details on the payment page before placing your order, including, but not limited to, the specific details of each order. When placing an order through the Concierge Service, you will receive an email with a copy of these Terms of Sale for Services attached, along with a request to confirm the details of your order. 

2.5 ORDER ACKNOWLEDGMENT 

Once an order is placed on the Website or through the Concierge Service, Breitling will send the Customer an order acknowledgment by email, summarizing the details of the order. This acknowledgment includes an order number assigned by Breitling, which can be used for future inquiries regarding the order. This order acknowledgment does not constitute Breitling's final acceptance of your order, nor does it create a binding contract between the Customer and Breitling 

For orders placed by phone through the Concierge Service, the email acknowledgment will also include these Terms of Sale for Services.  

2.6 ORDER CONFIRMATION 

Following Breitling’s completion of its anti-fraud, security, and related legal checks, and subject to availability, Breitling will send the Customer a written order confirmation by email within two weeks of receiving the order. This order confirmation constitutes Breitling’s acceptance of your order and forms a binding contract between you and Breitling. If you have not received an order confirmation within two weeks, your order will be considered rejected, and any payment authorization will be canceled. Any funds taken from your payment method will be promptly refunded to the same payment method.  

2.7 COMMENCEMENT AND DURATION OF SERVICES 

Each Breitling Service will be provided to Customer for a duration as set out in the specific service information and/or service description provided to you on the website and/or during the order and checkout process.  

3. SERVICES 

3.1 WARRANTY EXTENSION 

Breitling offers you the option to purchase an extension of the Breitling International Warranty and/or the Breitling International Manufacture Movement Warranty on the Website (each referred to as the “Breitling Warranty Extension”). This extension covers your Breitling watch or chronograph against any manufacturing defects for an additional period, as outlined in the “EXTENDED INTERNATIONAL WARRANTY TERMS”, available here. 

The benefits offered under the Breitling Warranty Extension are in addition to any other rights or remedies available to you under law in relation to the goods or services covered by the warranty. 

Breitling’s goods are accompanied by guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if they fail to meet acceptable quality standards and the failure does not amount to a major failure. 

To purchase the Breitling Warranty Extension, you will need to sign up for a 'My Account' on the Website ('Breitling Account'). If you do not yet have a Breitling Account, you can sign up here. 

Breitling Warranty Extension is an additional service which Breitling is offering to Customers residing in Australia. Breitling Warranty Extension can only be purchased for a Breitling watch and/or Chronograph which is still under valid Breitling International Warranty and/or Breitling International Manufacture Movement Warranty. 

Breitling Warranty Extension is a one-time extension only and cannot be combined with a second Breitling Warranty Extension for the same Breitling watch and/or Breitling chronograph. 

For Breitling Warranty Extension, the same exceptions as for Breitling International Warranty and/or Breitling International Manufacture Movement Warranty apply, which are available here. 

The price for the Breitling Warranty Extension, as applicable on the date of purchase, will be displayed to you at checkout and confirmed by Breitling in your order confirmation email. 

3.2 INSURANCE FOR YOUR BREITLING PRODUCT 

In several countries, Breitling is pleased to offer you the option to purchase insurance, which covers your Breitling product against various risks, typically including damage, theft, and loss, unless the scope of coverage differs in your specific country (“Insurance Service”). The Insurance Service, if available in your country, is provided by a third-party insurance company that operates independently of Breitling. Breitling works with carefully selected third-party insurers, which may vary depending on the country.  Breitling does not have access to any information that you may share with the third-party insurer when considering the option of purchasing the Insurance Service, and is not responsible for any third-party services that you choose to use in connection with your Breitling purchase. The Insurance Service is governed solely by the terms and policies of the third-party insurer. If you are interested in purchasing insurance for your Breitling product, you may visit the website of the third-party insurance company operating in your country to learn about the specific requirements and terms that apply.  By selecting the option to purchase the Insurance Service on the Breitling website, if any, you will be redirected to the website of the insurer available in your country.  If available in your country of residence, the option to purchase Insurance Service will be shown to you on the dedicated page #BreitlingCare, which you can find here. 3.3 Extract from the archive  You have the option to purchase archive extracts from our archives. To request this, please visit Breitling Archives page https://www.breitling.com/au-en/archives/ and complete the online form. You will be requested to provide the following information: 

• Watch model reference;  

• Watch serial number;  

• Your contact details; and  

• Clear picture(s) of your watch (both face and caseback). 

If any information is incomplete, unclear or inaccurate, we may request additional details from you. If these details are not provided or if we lack the required information in our archives to produce the extract, we may cancel your request. In such cases, we will notify you via the email address listed in your online form. If the request is accepted, you will receive a confirmation email. This email will contain details about your order, a payment link for the archive extract and the payment deadline. You can complete your payment using the options available, which may include credit/debit cards, bank transfer or other supported methods as specified in the email or payment link. 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, but we will aim to provide the extract promptly. Please note that an archive extract does not constitute proof of authenticity of the Breitling Product referenced nor proof of ownership by you or any other person. 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 the order is confirmed, note that you cannot withdraw from the contract and return the extract for exchange or refund, as described in these Service Terms. 

4. PAYMENT 

4.1. INFORMATION ABOUT PRICES, TAX AND DELIVERY COSTS 

Breitling reserves the right to change or adjust prices for new orders of Breitling Services without specific prior notice on the Website. If the price of a Breitling Service displayed on the Website or quoted by the Concierge Service changes after you have placed an order but before it is confirmed by Breitling, Breitling will notify the Customer prior to confirming the order and will seek confirmation from the Customer as to whether they wish to proceed with the updated price. This provision does not apply to orders that have already been confirmed by Breitling. Actual costs and prices including applicable taxes will be indicated on the payment page before you are invited to confirm and place your order (in the case of a Website order) or will be quoted by the Breitling Concierge (in the case of a telephone or email order) (“Purchase Price”).  

Please note that changes to tax laws may occur between the date your order is placed and the date of our order confirmation. If this results in additional taxes being charged, we will contact you and request that you reconfirm your purchase under the new conditions. You are free to reject our offer to purchase under these updated terms. Any additional costs and taxes will be clearly indicated on your order confirmation email and on your invoice. 

4.2. PAYMENT METHODS 

4.2.1. BANK TRANSFER / CREDIT / DEBIT CARDS / INVOICE 

Payment can be made either by bank transfer or by credit/debit card, including Visa, Mastercard, American Express, JCB, Diner's Club, and Discover. At the checkout, additional payment methods may be available, while certain payment methods may be unavailable. In any case, the available supported payment methods will be shown to you and are subject to the conditions specified by each payment method provider. 

Payment may be processed by a third-party processing entity. For orders through the Breitling Concierge Service, you will need to communicate your credit card number and security code (CVV2/CVC2/CID) to the Concierge. For security reasons and quality control, the telephone conversation may be recorded. Credit card information that is recorded during a telephone call is fully encrypted and used only for the purpose of processing the transaction. 

All credit/debit card holders are subject to verification, validation checks, and authorization by the card issuer. If the issuer of your payment card refuses to authorize payment to Breitling, you must contact your card issuer directly to resolve the issue. Breitling will not be liable for any delay or non-delivery resulting from issues related to third-party payment services. 

The full amount of the Purchase Price will be reserved on your credit card until your order is shipped to the shipping address you have provided to Breitling. At that time, you will receive an order confirmation email, and your credit or debit card will be charged the full Purchase Price. Where required by local law, we will offer at least one additional payment method that allows payment in instalments or in arrears.  

Breitling takes precautions, such as administrative, technical, and physical measures, to protect your personal information against loss, theft, misuse, as well as against unauthorized access, disclosure, alteration, and destruction. Where personal information is collected on webpages, Breitling uses Secure Sockets Layer (SSL) encryption. However, please note that transmitting information over the Internet is not completely secure. While Breitling will exercise reasonable care and implement safeguards to protect your personal information, we cannot guarantee the security of the data you transmit to the Website. Any transmission is at your own risk, and Breitling cannot be held liable for any data security breaches for which it is not at fault. 

5. RIGHT OF WITHDRAWAL 

When purchasing Breitling Services, the Customer has the opportunity to terminate the contract without providing a reason within 14 days. This cooling-off period begins on the date the contract for the Breitling Service is concluded. If the cooling-off period expires on a non-working day, the deadline will be extended until the next working day. 

If you wish to exercise your right to cancel under this section, you must inform us of your decision by emailing info.au@breitling.com within the cooling-off period. Please provide a clear statement of your intention to cancel and include details about your order so that we can properly identify you and verify your information. Alternatively, you may contact the Concierge Service by calling the specific service number provided for your country. 

Breitling may refuse your cancellation request if it is made outside the cooling-off period or if the service is excluded from the right of withdrawal, such as custom or personalized orders or Breitling Services that have already been fully performed with your prior express consent (see more information below). In all other cases, Breitling will process a refund for the purchase price promptly upon receiving your cancellation notice, and in no event later than fourteen (14) days from the date of receipt. The refund will be issued to the same payment method used for the original order unless the Customer provides alternative payment details. 

Please note that the right to cancel does not apply to certain Breitling Services, including custom or personalized orders, or services that have been fully performed and where performance has begun with the Customer’s prior express consent. These services are excluded from the right of withdrawal. 

6. ACCURACY OF PRICING AND SERVICE DESCRIPTIONS 

While Breitling endeavors to verify the accuracy of any information it places on its Website, in advertisements or catalogues, or through the Concierge Service, it makes no warranties, whether express or implied, regarding the accuracy, reliability, or completeness of such information. To the extent permitted by law, Breitling shall not be liable for any errors or inaccuracies in the information provided, particularly in cases where such errors are due to factors outside its reasonable control (e.g., errors caused by inadvertent information technology malfunctions). This provision is subject to applicable local laws, including any rights available under Australian Consumer Law. 

Breitling only confirms the price of a Breitling Service with the issuance of an order confirmation, which indicates the formation of a binding sales contract. If the correct price of a Breitling Service is higher than the price displayed on our Website, Breitling will inform you of the correct price and terms and will request your confirmation to proceed with the purchase under those terms. You are free to reject the purchase offer under the new terms. Breitling makes every effort to ensure that the descriptions, photographs, or graphical representations of Breitling Services displayed on the Website or in a catalogue are as accurate as possible. However, to the extent permitted by law, Breitling does not warrant that such materials or content are error-free, whether due to inaccuracies, omissions, outdated information, or otherwise. 

7. GENERAL PROVISIONS 

If certain provisions of these Terms of Sale for Services 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 New South Wales law including that which is not provided for in these Terms of Sale for Services. 

Your order, our order confirmation and these Terms of Sale for Services are the complete agreement between you and us in relation to the order of Breitling Services and replace and override any verbal or written previous undertakings or agreements. 

The waiver by us of a breach of any provision of these Terms of Sale for Services will not operate and/or be interpreted as a waiver of any other or subsequent breach. 

This contract is between us and you. No other person shall have any rights to enforce any of its terms. However, if you purchase a Breitling Service as a gift, the recipient of the gift will benefit from the applicable international warranty. 

8. APPLICABLE LAW AND JURISDICTION 

Terms of Sale for Services shall be interpreted in accordance with the laws of the state of New South Wales, without regard to its conflict of laws provisions or choice of law rules. These Terms of Sale for Services are not subject to the United Nations Convention on Contracts for the International Sale of Goods. Any rights under the Australian Consumer Law will remain unaffected by the governing law of this agreement. 

To the maximum extent permissible by applicable law, any claim, dispute, or controversy (whether in contract, tort or otherwise, whether pre-existing, present or future, and including, but not limited to, statutory, common law, intentional tort and equitable claims) arising from or relating to the Breitling Services, the interpretation or application of these Terms of Sale for Services or the breach, termination or validity thereof, and/or the relationships which result from these Terms of Sale for Services (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories hereto) (collectively, a "Claim"), WILL BE RESOLVED, UPON THE ELECTION OF BREITLING, EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.  

Arbitration is a process established by law that allows parties to a transaction to resolve disputes by an independent arbitrator, rather than by a judge and jury. If arbitration is selected, it will be conducted in accordance with the Rules of the Australian Centre for International Commercial Arbitration or the Rules of the American Arbitration Association. Additionally, neither Breitling nor the Customer will have the right to litigate the Claim in court or engage in pre-arbitration discovery, except as outlined in the applicable arbitration rules or by mutual agreement of the parties involved. Further, to the maximum extent permitted by applicable law, the Customer will not have the right to participate as a representative or member of any class of claimants related to the Claim. 

Notwithstanding any choice of law provision included in these Terms of Sale for Services, this arbitration agreement is subject to the International Arbitration Act 1974 (Cth). The arbitration will take place exclusively in New South Wales, Australia. Any court having jurisdiction may enter judgment on the award rendered by the arbitrator(s). To the maximum extent permitted by applicable law, each party involved will bear its own cost of any legal representation, discovery or research required to complete arbitration. The existence or results of any arbitration will be treated as confidential. In the event of any Claim, the prevailing party shall be entitled to additionally recover reasonable legal expenses and costs, including attorney’s fees, from the other party. 

If arbitration is not chosen, the Claim shall be submitted to the exclusive jurisdiction of the courts in the State of New South Wales.   

Notwithstanding anything to the contrary contained herein, all matters pertaining to the collection of amounts due to Breitling for the sale of Breitling Services will be exclusively litigated in court rather than through arbitration. 

Breitling Oceania Pty Ltd: 13^th December 2024