Conditions of Sale
Additional Services
GENERAL CONDITIONS OF SALE FOR E-COMMERCE AND CONCIERGE SERVICES OF BREITLING OCEANIA
WELCOME TO OUR AUSTRALIAN E-BOUTIQUE
1. APPLICABILITY
These conditions of sale and any specified terms herein (the “Conditions of Sale”) shall apply to all sales of Breitling branded watches, bracelets, any other product of Breitling brand, and any service provided herein by Breitling (as defined below) (“Breitling Products”) that you (the “Customer”) order from Breitling via the Breitling Channels (each as defined below).
“Breitling” (also referred to as ‘us’, ‘our’ or ‘we’) means Breitling Oceania Pty Ltd with registered offices at 61 Market Street, Sydney, NSW 2000, Australia, with company registration number ACN 601 726 596.
“Breitling Channels” means Breitling's website under the URL https://www.breitling.com/ (the “Website”), or Breitling’s concierge service which can be contacted by phone (+61 2 8224 0600) and email info.au@breitling.com (the “Concierge Service”), or any Breitling associated digital or mobile platforms.
These Conditions of Sale apply solely to sales made through Breitling Channels to individuals who have a shipping address in Australia (the “Country”). These Conditions of Sale do not apply to sales conducted through Breitling retail boutiques and/or through authorized retailers.
When you place an order by checking the “I have read and I accept the Conditions of Sale” box and clicking on “CONFIRM MY ORDER AND PAY”, or equivalent, at the payment section of the Breitling Channels you indicate your acceptance of these Conditions of Sale. Furthermore by taking such actions you also agree to our (“Website Terms of Use”) i.e. https://www.breitling.com/au-en/terms-of-use/ and confirm that you have read and accept our (“Privacy Policy”) i.e. https://www.breitling.com/au-en/privacy-policy/ . When using the Breitling Channels, you will also be considered, by virtue of such use, to have agreed to be bound by these Conditions of Sale, by our Website Terms of Use and accept that our use of your personal information will be governed by our Privacy Policy.
If you refuse to accept these Conditions of Sale, you will not be able to order any Breitling Products from the Breitling Channels.
IMPORTANT NOTICE: Please note that these Conditions of Sale contain provisions that may limit or vary your rights and remedies under applicable law, namely; Breitling reserves the right to modify these Conditions of Sale as described below in this clause 1; Breitling reserves the right to modify the Breitling Products available for sale under clause 2.2; if a Breitling Product is not available for any reason, you have the choice to wait until the Breitling Product is available or to cancel your order and receive a full refund as described in clause 2.7; subject to Australian Consumer Law, Breitling makes no warranties of any kind in relation to information provided or transactions conducted through the Breitling Channels under clause 12 and limits its liability to you to the price paid for the Breitling Product and excludes its liability for other liability and losses, including indirect, special and consequential damages as described in clause 13. Other similarly important terms are highlighted in these Conditions of Sale.
From time to time, Breitling may modify these Conditions of Sale in its sole discretion, but any such modifications will not apply to orders for Breitling Products that have been placed by you through the Breitling Channels before the modification comes into effect. Please check the Breitling Channels on a regular basis to be informed of any changes. If you do not agree to the changes to the Conditions of Sale, you should refrain from making any orders of Breitling Products through the Breitling Channels.
2. ORDERING BREITLING PRODUCTS
2.1 ELIGIBILITY TO PURCHASE BREITLING PRODUCTS
To be eligible to purchase Breitling Products through the Breitling Channels you must (a) be at least eighteen (18) years old and have legal capacity to enter into contracts, if you are a natural person; or (b) have the legal power, capacity and authority to enter into these Conditions of Sale, if you are a company; and (c) have a shipping address in the Country. 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 legal age of adulthood or otherwise cannot lawfully enter into a contract, only your parent, representative or guardian can place an order on your behalf and thus agree to these Conditions of Sale. Any orders made contrary to this provision will be null and void.
By placing an order through the Breitling Channels, you confirm that you are purchasing the Breitling Products in good faith and will not purchase, deliver, sell, or otherwise distribute Breitling Products for any commercial purpose or 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 purchasing Breitling Products for resale or are involved in fraudulent or grey market activities. Breitling Products may be purchased for yourself or for the benefit of another individual to whom you are making a gift.
2.2 BREITLING PRODUCT AVAILABILITY
Breitling reserves the right to modify the selection of Breitling Products available through the Breitling Channels and may limit the quantity of Breitling Products that a Customer can order. All orders placed through the Breitling Channels are subject to availability and acceptance by Breitling.
You will find information regarding Breitling Products that are currently available for sale on the dedicated product pages of the Website or through our Concierge Service.
2.3 CREATING AN ACCOUNT/ GUEST CHECKOUT
In order to place an order through the Breitling Channels you must register and create a personal account. You will be required to provide valid and accurate personal information, such as your family name, first name, home address, mobile phone number, email address, and to confirm that you have reached the legal age of adulthood.
You can also place an order as a guest without creating an account (using the option ‘Guest Checkout’). You can decide to create your Breitling account later, upon receiving your order confirmation. Such guest account however will not include transactions made prior to the creation of the account.
Once you have completed the registration of your account you will receive an email with a one-time password to create a permanent account login and a new password. The personal information you submitted in registering for your online account will be provided to you in a subsequent email. You are responsible for ensuring that your account credentials, including your password are kept secret and secure. Breitling will not be held responsible or liable for the misappropriation or any misuse of your account resulting from a third party's access to and use of your password and account login.
Our Privacy Policy describes how we use your personal information. If you select the ‘Guest Checkout’ option on the Breitling Channels, no online account will be created, and we will only use your personal information for the purpose of processing your order.
You are responsible to inform us of any change in your personal information. Please login to your account and update such information directly on the Website or inform the Concierge Service. Should Breitling suspect that a third party has breached a Customer's account or has misused a Customer account credentials, Breitling shall immediately cancel and terminate such account and contact you by email or telephone.
2.4 PROCESSING YOUR ORDERS
When selecting a Breitling Product through the Breitling Channels, click on the “add to bag” button to place this product in your shopping bag. You may continue shopping for other Breitling Products and add them to your shopping bag (subject to availability and quantity limits) or proceed to “checkout” by clicking on this button. You may also remove one or several Breitling Products you have selected by selecting “X” next to the chosen product in the shopping bag.
Please carefully review your order on the “Review Order” section of the checkout and click on “CONTINUE TO PAYMENT” (or equivalent). Once your payment details are entered, you can finalize the order by checking the “I have read and I accept the Conditions of Sale” box and clicking “CONFIRM MY ORDER AND PAY” (or equivalent), thus acknowledging that you have read and accepted the Conditions of Sale and also by taking such actions you agree to our Website Terms of Use that you have read and accept our Privacy Policy.
If you prefer to place an order by telephone or email through the Concierge Service, the Concierge Service will assist you to complete the order process on your behalf. Any inquiries and questions may also be directed via email to the Concierge Service.
You may be invited to provide additional personal information when placing an order through the Breitling Channels, such as shipping and/or billing address and payment details. You confirm that all personal information given to Breitling is true and accurate. Breitling or its third-party providers may collect additional information at this time for security and anti-fraud purposes in line with our Privacy Policy and/or the privacy policies of our third-party providers.
Notwithstanding anything to the contrary herein, Breitling reserves the right to refuse, cancel and terminate orders at any moment for a breach of these Conditions of Sale, including payment. Breitling may also refuse, cancel, or suspend an order if there is an ongoing dispute with you concerning the payment of a previous order or where we reasonably suspect that you have participated in fraudulent activities. If Breitling exercises its rights under this clause, Breitling will credit back on your payment method any amounts paid by you to date in respect of such cancelled order. You will not be entitled to any other compensation or remedy in respect of such cancellation by Breitling.
2.5 ORDER VERIFICATION
You are responsible to verify and confirm all details on the payment page before placing your order through the Breitling Channels and authorizing payment. When placing an order through the Concierge Service we will ask you to confirm the details orally or by email and then we will provide you with a secure payment link for you to authorize payment.
2.6 ORDER ACKNOWLEDGMENT
Once you have placed your order through the Breitling Channels, Breitling will send you an order acknowledgement by email acknowledging the details of your order. This order acknowledgment contains an order number assigned by Breitling that you can use for future inquiries regarding your order. You will also receive a link to these Conditions of Sale which you accepted prior to making payment. This order acknowledgement message does not constitute acceptance of your order by Breitling, nor does it create a contract between you and Breitling.
2.7 ORDER CONFIRMATION/SHIPMENT
Breitling will check the availability of your ordered Breitling Product and together with its third-party service providers perform certain anti-fraud, security, and related legal checks. Provided these checks are successfully completed, Breitling will then prepare your selected Breitling Product for shipment, take payment from your payment method, and will send you an email to confirm that your order has been accepted (“order confirmation”). The order confirmation constitutes the acceptance of your order by Breitling and forms a binding contract between Breitling and you.
Upon shipment of your order, Breitling will send you a notice by email that the Breitling Products are being shipped and delivered to the address that you have indicated in your order. The invoice of your purchase will be attached to this notice in PDF format.
In the event your ordered Breitling Product is not available, we will notify you and you may choose to wait until it is available or to cancel your order. If you choose to wait, we will continue to hold the payment authorization and inform you when the Breitling Product is available. Alternatively, if you cancel your order, your payment authorization will be cancelled, and any money taken from your payment method will be promptly refunded to you on this payment method.
In any event if your order is not confirmed within two (2) weeks your payment authorization will be cancelled, and any money taken from your payment method will be promptly refunded to you on this payment method.
2.8 PRE-ORDER
For specific Breitling Products where stipulated on their product webpage, Breitling offers the possibility of pre-ordering (“Pre-Order”). Pre-ordering a Breitling Product means that you are reserving and paying a deposit for a Breitling Product that will be available on a future date. By Pre-Ordering you will receive priority access to the Breitling Product model when and if it becomes available.
Pre-Orders are subject to the following:
(a) Limited editions of Breitling Products that can be ordered under Pre-Order are only available in limited quantities and for a limited time. You acknowledge that Breitling may not be able to fulfil your Pre-Order due to limited quantities and the limit in time.
(b) At the time of the Pre-Order you must make a down payment of a proportion of the retail sales price when placing the Pre-Order. The exact amount of the Pre-Order down payment will be confirmed at the time of the Pre-Order.
(c) When and if the Breitling Product becomes available for shipping, we will inform you by email. The email will include a secure payment link.
(d) Payment for the remaining amount of your Pre-Order, plus taxes and shipping costs will usually be requested seven (7) working days before the Breitling Product is expected to be shipped.
(e) The Breitling Product will only be shipped after the full payment is received.
(f) If you do not pay the balance of the purchase price within the time period stipulated above, Breitling reserves the right to cancel your Pre-Order without further notification. In such a case, Breitling will promptly credit back the down payment made at the time of Pre-Order to your payment method.
(g) If the Breitling Product you have pre-ordered is not available, Breitling will inform you by email, and will promptly credit back the down payment made at the time of Pre-Order to your payment method. You will not be entitled to any compensation or remedy in case of cancellation by Breitling of your Pre-Order, whatever the reason.
(h) You will have the possibility to cancel your Pre-Order at any time prior to Breitling sending you notification that your Pre-Order is ready to ship via the cancellation link provided through the Breitling Channels. Breitling will in such case promptly credit back to your payment method the down payment made at the time of Pre-Order. After your Pre-Order is shipped, any returns will be subject to Breitling’s return policy described in clause 8.
(i) Please do not hesitate to contact Breitling for an update as to the status of your Pre-Order and be sure to check your email inbox and junk mail as we send out update notices.
3. PAYMENT
3.1 INFORMATION ABOUT PRICES, TAX AND DELIVERY COSTS
All prices displayed on the product pages of the Breitling Channels are in Australian dollars ($) and include applicable sales taxes, i.e., GST, but exclude shipping costs and other costs for additional services unless otherwise stated.
The price of the Breitling Product, actual delivery costs and applicable taxes will be indicated on the payment page before you are invited to confirm and place your order and will be quoted by the Concierge Service in the case of a telephone or email order.
Breitling reserves the right to change or adapt prices and shipping costs at any time without notice prior to order confirmation. If the price of a Breitling Product and shipping costs displayed or quoted through the Breitling Channels changes after you placed your order and prior to the order confirmation, Breitling will inform you of the change prior to the order being confirmed (to take instruction from you as to whether you still wish to proceed with the order). Please note that any change in prices or shipping costs do not affect orders which have already been confirmed by Breitling in a corresponding order confirmation.
Please note that changes to applicable law related to sales taxes may occur between the date your order is placed and shipment. We will contact you and ask that you reconfirm your purchase if the resulting change is an increase in the sales tax you are charged.
The price of the Breitling Product, the amount of taxes and delivery charges displayed on the Breitling Channels or quoted by the Concierge Service will be confirmed on your order confirmation email and on your invoice. Please note that Breitling will only send order confirmation messages and the invoice to the person who placed the order, and not the gift recipient.
3.2 PAYMENT METHODS
Payment must be made before order confirmation and the shipment of the Breitling Products, through an approved payment method. The currently supported payment methods include Visa, Mastercard, AMERICAN EXPRESS, JCB, Diner’s Club, Discover and PAYPAL. At the check-out additional payment methods may be available and certain payment methods may be unavailable. In any event the available supported payments methods are shown to you at the check-out page and are subject to the terms and conditions specified by each payment method provider.
For all orders you will need to enter your payment details via a secure payment link. Your payment method information will be processed by your applicable third-party payment method provider.
All payment methods are subject to verification, validation checks and authorization by the payment method provider. If the payment method provider refuses to authorize payment to Breitling, you will need to contact your payment method provider directly to resolve the issue. If your payment provider refuses to authorize your payment to Breitling, then Breitling will not process your order. Breitling will not be liable for delay or non-delivery of your order in such circumstances.
You also expressly authorize Breitling to perform a payment method check to transmit or to obtain information (including any updated information) about you to or from third parties for the purpose of processing your payment method transaction, including but not limited to your payment method number, to authenticate your identity, to validate your payment method, to obtain an initial payment method authorization and to authorize individual purchase transactions.
Please note that when you place your order and select your payment method the full amount of your purchase is authorized on your payment method until shipment of your order. Upon shipment you will be charged the purchase price on your payment method. For some payment methods the full amount of the payment may be taken when you place your order. Any such pre-payment will not affect your legal rights under these Conditions of Sale including your right to a refund.
If your ordered Breitling Product is not available, or your order is not confirmed, then the provisions of clause 2.7 shall be applicable.
3.3 TECHNICAL SECURITY
Breitling takes precautions, such as administrative, technical, and physical measures to protect your personal information against loss, theft, and 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. Note however that transmitting information over the internet is not completely secure. Although Breitling will exercise reasonable care and implement safeguards to protect your personal Information, we cannot guarantee the absolute security of the data you transmit via the Breitling Channels. Read our Privacy Policy to learn more about how we use and protect your personal information.
3.4 FINANCING THROUGH A THIRD-PARTY FINANCING COMPANY INDEPENDENT OF BREITLING
At the checkout you will be informed of any third-party financing options available pursuant to which Customers may apply for finance to purchase a Breitling Product. The financing service is offered by third-party companies available in the Country, which are independent of Breitling.
The third-party financing company determines whether a Customer qualifies for the third-party financing service, and Breitling does not know and has no access to information that a Customer may share with the third-party company. Breitling is not responsible for any third-party services that a Customer may choose to employ in connection with their Breitling Product purchase, and such third-party finance service is subject to the third-party finance company’s terms and conditions.
By choosing the third-party financing option on the payment page, Customers will be redirected to the website of the financing company available in the Country. Customers interested in exploring financing options for Breitling Product purchases may visit the website of the third-party financing company to learn about the third-party company’s credit requirements and the specific terms that apply to Customers before purchasing the Breitling Product.
4. OPTIONAL SERVICES
Breitling may offer Customers certain optional services for enhancing their Breitling Product such as:
(a) Delivery of a Breitling box with gift wrap: your Breitling Product will be delivered in an attractive wrapped Breitling box.
(b) Adjustment of the bracelet: this option is available for certain watch models. When available, please indicate the size of your wrist in millimeters through the Breitling Channels.
(c) Exchange of your watch leather strap: depending on the selected watch model, different sizes of leather straps are available upon request through the Breitling Channels.
(d) Personalize your offer with a gift note: you may add a note that will be printed by Breitling on a gift card and included in your order shipment.
The applicable services that are available will be shown on the Breitling Channels and may be selected by the Customer during the checkout process. It will also be specified at the checkout whether the service is payable or provided free of charge. Note that customized or engraved Breitling Products cannot be returned to Breitling for a refund, unless the Breitling Product fails to meet an applicable consumer guarantee under Australian Consumer Law.
5. PROMOTIONS
5.1 GIFT WITH PURCHASE
At Breitling’s sole discretion, we may run promotions and offer eligible Customers a free gift (“Gift”) with the purchase of a Breitling watch or another qualifying Breitling Product (each a “Qualifying Product”).
To be eligible for a Gift, a Customer must:
If the promotion details specify, create a personal Breitling account or log into your existing Breitling account;
Order a Qualifying Product through the Breitling Channels; and
Ensure that your Breitling order complies with the specified promotion requirements, which may include ordering within a specific time frame and from a particular location, as stated in the promotion details.
Any additional relevant information, including specific limitations and restrictions, will be disclosed in the promotion details, if applicable.
In certain promotions, Customers may have the chance to choose their preferred Gift. When this option is available, Customers will be prompted to select their Gift and confirm their choice. If this option is not available, Breitling will automatically include the available Gift in the Customer’s shopping bag.
Items in the same order, including the Qualifying Product and the Gift, might be shipped separately and have different delivery dates. If the Customer returns the Qualifying Product, the Customer must also return the Gift received in accordance with the return rules set forth under these Conditions of Sale. If the Customer does not return the Gift in compliance with the rules, to the extent permitted by law, Breitling may charge the full retail price for the Gift and deduct this amount from any refund owed to the Customer.
Only authorized purchases will be processed and shipped. We reserve the right to cancel any order and shipment due to unauthorized, altered, or ineligible use of the promotion.
5.2 LIMITATIONS AND RESTRICTIONS
Gifts shall not apply to:
Purchases made on third-party websites or channels, any Breitling website or channel in a country not included in the promotion, or at physical Breitling retail stores, including through authorized retailers; and
Pre-orders or subscription buyouts placed or shipped during the promotion period.
Gifts are non-exchangeable and cannot be redeemed for cash, credit, or cash equivalent, nor can they be combined with other promotions, unless otherwise stated. Please be aware that only one Gift will be applied per order.
Gifts are subject to the specific restrictions set out in the terms of the promotion, including their validity period, eligible locations, and availability. To the extent permitted by, each promotional offer may be withdrawn, extended, or changed by us at any time, but any such changes will not impact orders that have already been placed by you before the change comes into effect.
6. SHIPPING AND DELIVERY
6.1 DELIVERY TIMES
Breitling shall arrange delivery of your Breitling Product through its selected logistics provider (the “Logistics Provider”). Breitling will use its best efforts to process your order as soon as possible. Standard delivery time is two (2) to three (3) working days from transmission by Breitling of the order confirmation, however these times are purely indicative and are not binding on Breitling. These indicative delivery times do not apply to optional services or promotions described in clauses 4 and 5 above.
You, as the Customer, must provide to Breitling a delivery address in the Country. You are invited to indicate during the checkout process your preferred time slot of delivery (considering the above indicative delivery times).
Please note that Breitling Products cannot be delivered everywhere. All orders made through the Breitling Channels are limited to delivery in the Country. Additionally, we are unable to deliver to hotels and hostels, post office box addresses, and to certain military locations, or to any unsecure location where a person cannot sign for the Breitling Product.
Once your order has been shipped, you can track the transportation of your purchase by visiting the “My Orders” page on our Website.
Orders may be subject to delivery charges which if applicable we will notify you of the charges on the payment page before you are invited to confirm and place your order. Special deliveries may be subject to additional delivery charges. If such option is available, you will be able to select it and review any applicable charges before completing your order.
6.2 COLLECT OPTION
Depending on availability (if any), you may also choose a Breitling Boutique, or another store as indicated by Breitling within the Country as the delivery address (the “Collection Point”) where you can collect the purchased Breitling Product (the “Collect Option”).
If you choose the Collect Option, the responsibility for the Breitling Products passes to the Customer when the Customer collects the Breitling Products ordered at the Collection Point. The Customer will be notified via email once the Breitling Products ordered has arrived and can be collected at the Collection Point.
In case the Collect Option has been chosen, the Customer can collect the Breitling Products ordered at the Collection Point within a period of fourteen (14) days from notification. If the Customer does not collect the Breitling Products within this period, the order of the Breitling Products is automatically deemed to be cancelled by the Customer. Accordingly, any relevant sales contract is deemed null and void. Therefore, Breitling no longer has any obligation to sell the respective Breitling Products to the Customer and any amounts paid by the Customer will be refunded to the Customer via their payment method. Please note that this cancellation option is in addition and not a substitute to the withdrawal right mentioned in clause 7 below.
When collecting the Breitling Products ordered at the Collection Point, the Customer, or your mandated recipient (who must show a written mandate from you and a copy of your identity document) must sign a confirmation paper and identify itself with a valid identity card or in a suitable manner as further determined by Breitling and/or the Collection Point. Breitling and/or the Collection Point have the right to take a copy of the identity card of the Customer or the mandated recipient and store it in line with our Privacy Policy.
6.3 RECEPTION AND VERIFICATION OF THE BREITLING PRODUCTS
Breitling will insure each purchased Breitling Product during the time it is in transit until it is delivered to you. The responsibility for the Breitling Product passes from Breitling to the Customer when the Logistics Provider delivers the Breitling Product to you or a designated recipient. We need an adult’s signature to confirm receipt of each Breitling Product delivered. If you have specified a recipient of the Breitling Product who is not you for delivery purposes (for example when you ordered the Breitling Product as a gift) then you understand and accept that evidence of a signature by such recipient (or at that delivery address) is evidence of delivery and fulfilment of the sale contract by Breitling and transfer of responsibility to the recipient in the same way as if the Breitling Product had been delivered to you directly.
Your delivery package will contain your purchased Breitling Product with all related accessories (if any), the product manual, if applicable, certificate of official Swiss Chronometer Testing Institute and/or an e-Warranty Card, a Breitling Bag, the return instructions, and the packing slip.
You are required to verify the quantity and condition of the Breitling Products on delivery. Please inform our Logistics Service Provider immediately in case of any apparent breakage or visible defects or damages to the package or to the Breitling Product. Please also inform our Concierge Service without delay in case of any such defect or damage you notice on delivery or within fourteen (14) days of delivery.
For any damage or defect in your Breitling Product that you or the gift recipient notice after the above period, you, or the gift recipient, must inform a Breitling authorized service center without delay from discovery of the defect or damage. Please refer to the section of the Website entitled “My watch needs a service” to find your nearest service center.
Failure to inform Breitling in accordance with these timelines may void your right to make a claim under Breitling’s international warranty as described in clause 9. Any return of your Breitling Product must be in accordance with clause 8.
7. RIGHT TO RETURN BREITLING PRODUCTS FOR CHANGE OF MIND
You have the right for any reason to cancel the contract created by our order confirmation without giving any reason fourteen (14) days from the day on which you acquire, or your nominated recipient (other than the Logistics Provider) acquires, physical possession of the Breitling Products in your order. To cancel the contract, return your Breitling Product and receive a refund, you must follow the return rules and requirements described in clause 8 (“Return Rules”).
8. RETURNS
8.1 RETURN PROCESS
Important Notice for returns under the consumer guarantees:
The requirements below do not purport to exclude or replace your consumer guarantee rights under Australian Consumer Law. Only Breitling Products that have been purchased through the Breitling Channels and that comply with the following Return Rules may be returned to Breitling:
(a) Notify the Concierge Service that you wish to return your Breitling Product and the reason for the return (i.e., change of mind return or a Breitling Product that fails to meet a consumer guarantee under Australian Consumer Law). To streamline the process, you may be asked to provide a picture of the returned Breitling Product and proof of purchase.
(b) The Concierge Service will verify your information, assess the condition of the Breitling Product and confirm whether the return notification is within the fourteen (14) day return period for change of mind returns.
(c) Only Breitling Products that are unused, undamaged, unaltered, in untarnished condition and that have not been worn may be returned for change of mind returns.
(d) For change of mind returns, you must return the Breitling Product (including any accessories included in the price of the Breitling Product such as metal bracelets, gifts, tags, warranty cards, the Breitling Product manual, the certificate of the official Swiss Chronometer Institute (not required for the e-Warranty card), and any gift provided with purchase) in its original box and packaging. We reserve the right to refuse your change of mind return if any of these conditions are not met or the accessories included with your Breitling Product are not returned in full.
(e) Note that removing the original protective film and security tag before trying on the Breitling Product may affect your change of mind return. If you buy a leather or rubber strap, please avoid wearing it or inserting the watch pin into the strap until you are certain you want to keep it, as returns will not be accepted if the Breitling Product shows any signs of wear, unless the Breitling Product fails to meet a consumer guarantee under Australian Consumer Law.
(f) Breitling Products that are customized or engraved, or watch straps that have been cut or adjusted to fit your wrist, are not eligible for our fourteen (14) day change of mind return, but can be returned if the Breitling Product fails to meet a consumer guarantee under Australian Consumer Law.
(g) For change of mind returns, please seal the delivery package carefully with additional adhesive tape if necessary and label the package with the return label generated and sent via email by the Concierge Service.
(h) You must ensure that your Breitling Product is returned to us within fourteen (14) days from the date you notify us that you wish to cancel your order for a change of mind.
(i) For change of mind returns, the Concierge Service will organize a pick-up of the Breitling Product being returned from your address through Breitling’s Logistics Provider. Provided you use the return label provided by Breitling and our Logistics Provider, Breitling shall pay the cost of the return of the Breitling Product to Breitling and shall insure it during transit. Otherwise, Breitling is under no obligation to maintain insurance and the shipment of any Breitling Product will be at the sole risk and responsibility of the Customer.
(j) When Breitling receives the returned Breitling Product at its return center it will confirm receipt via email to you. Breitling will perform a quality control on change of mind returns to verify that the returned Breitling Product satisfies the conditions of the Return Rules. If the returned Breitling Products does not meet Breitling’s quality control standards for change of mind returns and there has not been a breach of an applicable consumer guarantee under Australian Consumer Law, then Breitling may refuse the return, and in such a case the Breitling Product will be sent back to you at your original shipment address. If the returned Breitling Product satisfies the quality control for change of mind returns or if Breitling determines there has been a breach of an applicable consumer guarantee under Australian Consumer Law, then Breitling will proceed with the applicable refund and/or provide an appropriate remedy under the Australian Consumer Law, as applicable.
(k) Alternatively, for change of mind returns, Breitling reserves the right to deduct from any refund a reasonable amount to reflect the reduction in value of the Breitling Product resulting from damage caused by you or excessive handling by you beyond what is necessary to establish that you were provided with the correct Breitling Product and that it functions correctly. Breitling will pay the cost of shipping the Breitling Product back to you and will insure it during transit. For change of mind returns, if the returned Breitling Product satisfies the quality control and Return Rules, Breitling will proceed with the applicable refund to your original payment method. Breitling shall also keep you informed by email.
(l) You must keep a proof of return shipment to Breitling and Breitling accepts no liability if such proof cannot be produced. Refunds for change of mind returns are eligible only for Breitling Products returned to Breitling’s returns center.
(m) For change of mind returns, only the original purchasing Customer is entitled to receive a refund. In no event will a gift recipient be eligible to receive a refund. Breitling will use reasonable efforts to credit the refund to the Customer's payment method, no later than fourteen (14) days after receipt of the returned item by Breitling’s returns center.
(n) For general returns, the refund to you will include a refund of the shipping costs that you originally paid to us, unless you paid for an enhanced delivery service, in which case you are only entitled to a refund of the costs of standard delivery. However, if there has been a breach of a consumer guarantee and you are able to provide proof that you paid for an enhanced delivery service in connection with the relevant Breitling Product, then any refund which we provide will include the costs of that enhanced delivery service.
9. INTERNATIONAL WARRANTY
Breitling Products are covered by the warranty provided under our international warranty. This is in addition to any statutory guarantees provided to consumers under the Australian Consumer Law. The conditions of our international warranty are specified on our Website here and as well on the documents accompanying the Breitling Product. Our international warranty warrants the Breitling Product against any manufacturing defect for a period of either two (2) or five (5) years, depending on the type of watch movement, and takes effect from the date of purchase of the Breitling Product. The electronic international warranty card is activated at the time of the sale via the Breitling Channels.
Any person who has purchased a Breitling Product on the Breitling Channels can claim under the international warranty by showing the electronic Breitling international warranty card to any authorized Breitling retailer or distributor, as well as to any authorized Breitling service center.
The specific rights under this international warranty do not limit your statutory rights including those under the Australian Consumer Law.
10. CLAIMS UNDER BREITLING’s INTERNATIONAL WARRANTY
Breitling exercises great care to ensure that each Breitling Product complies with our strict quality criteria and that it has passed all technical and aesthetic controls. Should you receive a Breitling Product which seems to be damaged, please return it to Breitling in accordance with our Return Rules. Items that are damaged as a result of wear are not considered to be defective.
Subject to the warranty period specified under our international warranty in clause 9, if your Breitling Product is subject to a valid claim under Breitling’s international warranty or the Breitling Warranty Extension (if applicable), Breitling will propose to you the following options: (a) we repair the Breitling Product at no additional cost to you (including labor costs and spare parts), (b) subject to availability, we send you as a replacement the same Breitling Product in the exact same size, or (c) we replace the Breitling Product with another Breitling Product of equivalent or higher value, in which case the initial price will be deducted and you will be required to pay only the difference for a higher value item that you agree to purchase. If the repair of the Breitling Product would result in a manifestly disproportionate cost to Breitling or a replacement Breitling Product is unavailable, Breitling may also offer you a partial or full refund depending on the circumstances.
Breitling Products that are damaged as a result of your mistreatment (having been dropped or subject to other physical mistreatment) or that have incurred unusual wear or tear are not considered to be defective and, in such event, Breitling shall not be obliged to repair such Breitling Products or provide you with any other remedy.
If you make a valid warranty claim, Breitling will be responsible for the reasonable costs associated with transporting any defective products to us. You can claim those costs by submitting your reimbursement request to customer-service.au@breitling.com along with a copy of your receipt.
In addition to the specific rights you have under Breitling’s international warranty or the Warranty Extension (if applicable), you have additional rights as provided by law, in particular:
“our goods come with 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 the goods fail to be of acceptable quality and the failure does not amount to a major failure.”
These Conditions of Sale are subject to the guarantees provided by the Australian Consumer Law. To the extent that these laws apply, nothing within these Conditions of Sale is intended to exclude, restrict, or modify any of the rights or remedies afforded to you under the Australian Consumer Law.
11. REPAIRS BY BREITLING
Subject to the warranty period and conditions specified in clauses 9 and 10, any manufacturing defect is covered by our international warranty. You are invited to contact the Concierge Service for any inquiries concerning repairs or refer to the section “My Watch Needs a Service” of the Website.
12. ACCURACY OF PRICING AND PRODUCT DESCRIPTIONS
While Breitling endeavors to verify the correctness of any information it provides via the Breitling Channels and in our advertisements or catalogues, we make no warranties, whether express or implied, in relation to the accuracy, reliability and completeness of such information other than to the extent provided under the Australian Consumer Law. Information on the Breitling Channels, and in our advertisements or catalogues, is provided on an “as is” and “as available” basis without any representation or endorsement made, and, to the extent permitted by law, Breitling makes no warranties of any kind, whether express or implied, in relation to such information, or any transaction that may be conducted through the Breitling Channels 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 only confirms the price of a Breitling Product with the issuance of an order confirmation. If a Breitling Product's correct price is higher than the price shown on the Breitling Channels at the time you made your order, Breitling will either contact you for instructions before shipping the order or cancel the order and notify you of such cancellation.
Breitling Product descriptions, photographs or graphical representations displayed on the Breitling Channels or in a Breitling catalogue are for illustrative purposes only, however Breitling will use reasonable efforts to ensure that they are accurate. Nevertheless, Breitling does not warrant that such materials or other content is error-free, whether because of inaccuracy, omission, mistake or otherwise. Where the Breitling Product supplied does not match its description on the Breitling Channels or in a Breitling catalogue, you may be entitled to remedies under the Australian Consumer Law. Breitling does not provide any warranties in respect of matching product description beyond those rights provided to consumers under the Australian Consumer Law.
13. LIMITATION OF LIABILITY
Subject to the provisions of the Australian Consumer Law and other applicable law that cannot be excluded, limited, or modified: (A) We are only liable to you for damages you incur as a direct result of a failure on our behalf. This means that in no event shall Breitling be held liable for (i) indirect, special or consequential damages of any kind arising in connection with Breitling Products, their use, their sale or the Breitling Channels, (ii) losses not foreseeable by both parties when a contract was formed between us, and (iii) inaccurate or incomplete information provided by Breitling about a third-party service provider; (B) Without limiting the scope of these Conditions of Sale, no claim by you against Breitling whatsoever concerning delivered Breitling Products, the non-delivery of Breitling Products or any other claim may exceed the amount of the purchase price of the Breitling Products which led to the claim for damages.
Notwithstanding anything else in these Conditions of Sales, certain laws, and regulations, including the Australian Consumer Law, may impose consumer guarantees, imply warranties or conditions, or impose obligations upon us, which cannot be excluded, limited, or modified except to a limited extent. To the extent that such laws and regulations apply, these Conditions of Sales must be read subject to these provisions and nothing in these Terms is intended to alter or restrict the operation of such provisions.
14. GENERAL PROVISIONS
If certain provisions of these Conditions of Sale 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 Conditions of Sale.
These Conditions of Sale constitute the entire agreement between you and us in relation to the order of Breitling Products and replace and extinguish all prior agreements or undertakings of any nature made by the parties, whether oral or written, in relation to such subject matter.
The waiver by us of a breach of any provision of these Conditions of Sale 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 Product as a gift, the recipient of your gift will have the benefit of our applicable international warranty.
15. APPLICABLE LAW AND JURISDICTION
These Conditions of Sale are governed by and construed in accordance with the laws of New South Wales, Australia without reference to any conflict of law provisions. These Conditions of Sale shall not be subject to the United Nations Convention on Contracts for the International Sale of Goods. Any dispute, controversy or claim arising out of or in relation to the Conditions of Sale, including the validity, invalidity, breach, or termination of the Conditions of Sale, shall be resolved in accordance with the Conditions of Sale.
You agree to submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia.
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 the Breitling Product, the Conditions of Sale, or any breach thereof.
Breitling Oceania Pty Ltd: 9th November 2023