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Terms of use

Last updated: August 3rd 2022

1. BREITLING'S IT-PLATFORMS AND TERMS OF USE

1.1. In the present terms of use ("Terms of Use"), Breitling means Breitling SA, a Swiss-based company with regaistered seat at Léon Breitling-Strasse 2, 2540 Grenchen, Switzerland, and any of its subsidiaries ("Breitling").

1.2. Breitling's websites and mobile applications (collectively the "IT-Platforms") are owned and edited by Breitling and use thereof is governed by these Terms of Use.

1.3. Please take the time to read these Terms of Use carefully before using the IT-Platforms. By accessing, browsing or otherwise using the IT-Platforms, you agree to comply with and be bound by these Terms of Use. If you disagree with any provisions of these Terms of Use, then you are not allowed to continue using the IT-Platforms.

1.4. Breitling may from time to time modify and/or remove parts or all of the Terms of Use at its sole discretion. The new dated version of the Terms of Use takes effect as soon as it is published on the IT-Platforms. By continuing to use the IT-Platforms, you agree to be bound by the terms of these updates and amendments.

1.5. Hosting services for our website is provided by Infomaniak Network SA in Switzerland. Mobile applications may be hosted by us or by other companies.

2. INTELLECTUAL PROPERTY

2.1. Unless otherwise stated, you should assume that everything that you see or read on the IT-Platforms (such as without limitation all texts, graphics, images, photographs, including any person represented in the photographs, illustrations, icons, video clips, music, written and other materials) (the "IT-Platforms Content") is protected worldwide by legislation such as copyright, designs, trademark or other intellectual property legislation.

2.2. In particular, all trademarks that appear on the IT-Platforms are registered, unregistered or otherwise protected Breitling trademarks or are licensed for use by Breitling by third parties. Also, as a general rule, all IT-Platforms Content on the IT-Platforms are either Copyright © Breitling or are licensed for use by Breitling.

2.3. Unless otherwise provided herein, nothing contained on the IT-Platforms should be construed as granting any licence or right to use any IT-Platforms Content without Breitling’s prior written consent or that of such third party who owns the IT-Platforms Content.

2.4. Misuse of any IT-Platforms Content, except as provided herein, is strictly prohibited. You are also advised that the Breitling will enforce its intellectual property rights to the fullest extent of the law, including criminal prosecution, for serious offences.

3. USE OF IT-PLATFORMS CONTENT AND BREITLING ACCOUNT

3.1. The IT-Platform Content is presented to you for your personal use only. You may download a copy or print a copy of the material made available to you via the IT-Platforms for your own non-commercial use only, provided that proprietary notices, in particular intellectual property notices such as copyright©, trademark™, are retained intact on the copy and are not changed or modified.

3.2. Any other use of the IT-Platform Content, including without limitation reproduction for public or commercial purposes, modification, publication, distribution, transmission, creation of derivative or second hand works, display or communication on any other IT-Platform is prohibited. Any unauthorised use of the IT-Platform Content may infringe intellectual property laws, the laws of privacy and publicity, and communications regulations and statutes.

3.3. To access certain services, such as #BreitlingSelect or Breitling Club, you may create an account on the Breitling Website www.breitling.com (“Breitling Account”).

3.4. You can create a Breitling Account either by providing valid and accurate personal information to Breitling (your family name, first name and email address are required), setting up a password, and by confirming that you have reached the age of majority. Or you can also create a profile without providing your personal details by connecting with your Breitling watch’s NFT. These options will be offered to you on the Breitling Account login page.

3.5. If you have created a Breitling Account by sharing personal data with Breitling and setting up a password (as referred to in paragraph 3.3)

3.5.1. You will receive an account creation confirmation email; sent to the email you would have provided during the account creation. This email will contain a link you must click to confirm the Breitling Account creation.

3.5.2. To connect back to your Breitling Account, you will be requested to provide the email address and password linked to this account.

3.6. If you have completed the registration of your Breitling Account via the Breitling Concierge Service, you will receive an email with a one-time password to create a permanent account login and set a new password.

3.7. If you have created a Breitling Account by connecting with your Breitling watch’s NFT, your account will be linked to the Public Key of the Arianee Wallet hosting your Breitling watch’s NFT. To access your Breitling Account you will be requested to connect using the same Arianee Wallet (same Public Key).

3.8. You can still place an order online on the Breitling Website www.breitling.com 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. This account will not include transactions made prior to the creation of the account.

3.9. You are responsible for ensuring that your account credentials, including your email and password or your Breitling watch’s NFT 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.

3.10. Should you wish to delete your Breitling Account, please contact us. Should Breitling reasonably suspect that a third party has breached a customer's account or has misused a customer account credentials, Breitling shall immediately cancel and terminate the account and contact you by other means (e.g., via email or phone).

4. BREITLING PRODUCTS

4.1. The products featured on the IT-Platforms are representative of Breitling's collection. However, it might be that not all Breitling products are featured on the IT-Platforms. Furthermore, the IT-Platforms may contain information on Breitling products, not all of which are available in every Breitling Boutique and/or Authorized Point of Sales.

4.2. Breitling has created its various IT-Platforms to provide information about its company and products for your personal use. While best efforts are taken to try to ensure that the visual representations of our products featured on the IT-Platforms are representative of the colour, design, style, description and size etc. of the original products, variations, distortions and/or differences may occur when compared to the original product. This may, for example, be due to technical issues such as your browser or computer settings. Thus, Breitling shall not be held liable for any error or inaccuracy of the product images displayed on the IT-Platforms compared to the original product. We recommend that you visit one of our Breitling Boutiques and/or Authorized Points of Sales prior to making a purchase online or by phone.

5. WEBSITE PRIVACY POLICY

5.1. All and any material or personal information sent to Breitling's IT-Platforms is subject to Breitling's policy on privacy and protection of personal data set out in the Privacy Policy available on the IT-Platforms.

6. COMMUNICATION SUPPLIED TO BREITLING

6.1. Except for any personal information included therein, any communication or material sent to Breitling via the IT-Platforms or through social media, by electronic mail or otherwise including any data, questions, answers, comments, suggestions or the like, is and will be treated by Breitling as non-confidential and non-proprietary.

6.2. By sending such communications to Breitling, you automatically grant Breitling a worldwide, royalty-free, perpetual, irrevocable, non-exclusive licence to use, reproduce, modify, publish, edit, translate, distribute, perform, and display such communication(s) alone, or as a part of other works in any form, media, or technology whether now known of hereafter developed and to sublicense such rights to anyone.

6.3. Any such communication that you transmit may be used by Breitling for any purpose without compensation, including but not limited to reproduction, disclosure, transmission, publication, broadcast and posting, or developing, manufacturing and marketing products using such information.

6.4. By submitting such communications, you also warrant that you own the material and content submitted, that it is not defamatory, and that Breitling's use of the material and content will not violate any third parties' rights or applicable laws. Breitling is under no obligation to use the communication submitted or to send any confirmation or feedback that a submission is successful.

6.5. Furthermore, Breitling enjoys a worldwide reputation for both the design and manufacture of high quality luxury watches. To this end, it possesses its own sources of creativity, in particular highly skilled teams of designers who conceive and perfect Breitling's creations. As a result, Breitling does not agree to be the receiver of unsolicited proposals of collaboration and it is possible that Breitling may already be working on similar ideas or projects. Therefore, you are advised that Breitling is not interested in receiving ideas or other proposals relating to creations you may wish to submit.

7. DISCLAIMER OF REPRESENTATION AND WARRANTIES

7.1. Breitling tries to ensure that the information provided on the IT-Platforms is accurate and complete. However, Breitling does not warrant or represent that the IT-Platforms Content is accurate, error-free, reliable and non-infringing on third parties. Nor does Breitling warrant or represent that the access to the IT-Platforms is uninterrupted or error-free, that the IT-Platforms, their servers or the e-mails sent from Breitling are secure and free of viruses. If use of the IT-Platforms or IT-Platforms Content results in the need for servicing or replacing property, material, equipment, data or other element, Breitling shall not be responsible for those costs.

7.2. Without limiting the foregoing, the IT-Platforms are provided to you "as is" and "as available" and therefore, to the fullest extent permitted by applicable law, Breitling gives no warranties of any kind, whether express, implied, statutory or otherwise, including, but not limited to, the implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, reasonable care and skill or non-infrigement. Breitling and its suppliers make no warranties about the IT-Platforms Content, software, text, downloads, graphics, and links, or about results to be obtained from using the IT-Platforms.

8. LIMITATION OF LIABILITY

8.1. You access, use, browse and navigate on the IT-Platforms at your own risk. Therefore, Breitling and any other parties involved in the creation, production, or delivery of the IT-Platforms on Breitling's behalf, shall, to the fullest extent permitted by applicable laws, not be liable for any direct, indirect, incidental, consequential, or punitive damages of any kind, including any liability relating to any loss of use, interruption of business, lost profits or lost data, (all together the "Damages") arising out of or in connection with the use of the IT-Platforms or of the IT-Platforms Content, regardless of the legal qualification of such Damages (be it contractual, tort or otherwise), even if Breitling was previously informed of the possibility of such Damages.

8.2. Breitling may modify or discontinue providing any of the IT-Platforms, with or without notice to you, but shall not be liable to you or any third party as a result of such modification or discontinuation.

8.3. Please note that some jurisdictions may not allow certain exclusions or limitation of warranties or liabilities, and consequently some of the above exclusions and limitations in Sections 7 and 8 may not apply.

9. LINKS & LINKING

9.1. The IT-Platforms may contain links to other platforms operated by third parties not affiliated to Breitling. Those links are provided solely as aids to assist you to identify other platforms that may be of interest. The inclusion of any link to such third party platforms does not imply endorsement by Breitling of those platforms. The links on Breitling's IT-Platforms may take you outside of the Breitling network. If you choose to click through any link to off-site pages or third party sites then this is at your own risk. Breitling has not reviewed all of the content contained in the linked platforms and is not responsible for the content, accuracy or function of these other platforms. Breitling does not authorize linking to any of its IT-Platforms from a third party platform without its express prior written authorization.

10. TERMINATION AND SUSPENSION

10.1. If Breitling reasonably believes that you have violated any of the provisions of these Terms of Use or otherwise violated Breitling's rights, Breitling may immediately take corrective action without prior notice and terminate or suspend your access to and use of the IT-Platforms.

10.2. Sections 7 (Disclaimer of Representation and Warranties), 8 (Limitation of Liability) and 11 (General Provision) shall survive termination of these Terms of Use.

11. GENERAL PROVISIONS

11.1. The provisions of these Terms of Use are severable and if any provision or identifiable part is held to be invalid or unenforceable for any reason, it shall be deemed not to form part of these Terms of Use, and the legality, validity or enforceability of the remainder of the provisions of these Terms of Use shall not be affected, unless otherwise required by operation of applicable law.

11.2. These Terms of Use constitute the entire agreement between you and Breitling in relation to the use of the IT-Platforms, and supersedes all previous drafts, agreements, arrangements and undertakings of any nature and in any form made by you and Breitling with respect to the subject matter hereof.

11.3. The failure of Breitling to enforce any of the provisions of these Terms of Use or any rights with respect thereto shall in no way be considered as a waiver of such provisions or rights or in any way to affect the validity of these Terms of Use. The waiver by Breitling of a breach of any provision of these Terms of Use shall not operate to be construed as a waiver of any other prior or subsequent breach.

12. APPLICABLE LAW AND JURISDICTION

12.1. These Terms of Use shall be governed by and construed in accordance with the laws of Switzerland.

12.2. Any dispute, controversy or claim arising out of or in relation to these Terms of Use, including the validity, invalidity, breach or termination thereof, shall be submitted to the exclusive jurisdiction of the courts at the domicile of Breitling SA.

If you have any questions or comments about these Terms of Use please contact us at the address provided below.
Tel : +41 32 654 54 54
Address: Léon Breitling-Strasse 2, 2540 Grenchen, Switzerland

You can also use this address if you wish for any request on personal data we hold about you. E-Mail: dataprivacy@breitling.com