Terms & conditions

GENERAL CONDITIONS OF SALE FOR  E-COMMERCE AND CONCIERGE SERVICES OF BREITLING JAPAN

WELCOME TO OUR JAPAN 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 Japan Ltd with registered offices at Shibakoen Bldg., 2-2-22 Shibakoen, Minato-ku, Tokyo, Japan.

“Breitling Channels” means Breitling's website under the URL  https://www.breitling.com/jp-ja/  (the “Website”), or Breitling’s concierge service which can be contacted by phone +81 (0)120-105707 and via email info.jp@breitling.com (the “ Concierge Service”), or any Breitling associated digital or mobile platforms.

These Conditions of Sale apply solely to sales made online through Breitling Channels by individuals who have a shipping address in Japan (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. 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 and by our (“ Website Terms of Use”)  https://www.breitling.com/zz-zz/terms-of-use/  . Our use of your personal information will be governed by our (“ Privacy Policy”) i.e.  https://www.breitling.com/zz-zz/privacy-policy/  .

 From time to time, Breitling may modify these Conditions of Sale in its sole discretion  . 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. Orders placed before the effective date of certain changes to these Conditions of Sale will not be affected by such changes.

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 important 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  above  in this clause  1.  ; Breitling reserves the right to modify the Breitling Products available for sale under clause  2.2  ; in the event that 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(a) and 2.7(b);  if your Breitling Product is delivered to you with a defect  ,  you will be entitled to certain remedies as described in clause  8.  ; subject to applicable consumer law, Breitling limits its liability to you to the price paid for the Breitling Product and excludes its liability for indirect, special and consequential damages as described in clause  12.  . Other similarly important terms are highlighted in these Conditions of Sale. 

2. ORDERING BREITLING PRODUCTS

2.1 ELIGIBILITY TO PURCHASE BREITLING PRODUCTS

To be eligible to purchase Breitling Products through the Breitling Channels you must be (a) a natural person, (b) have reached the legal age of adulthood of eighteen (18) years old, (c) have legal capacity to enter into contracts, and (d) have a shipping address in Japan. If you are under the legal age of adulthood or otherwise cannot lawfully enter into a contract, only your parent 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 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 Breitling 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 when 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  , if this is not the result of any breach by Breitling .

Our Privacy Policy  https://www.breitling.com/zz-zz/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, or equivalent, to place the 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 the “Remove” button, or equivalent, placed next to the chosen product.

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. By taking such actions, you also agree to our Website Terms of Use  https://www.breitling.com/zz-zz/terms-of-use/  and confirm that you have read and accept our Privacy Policy  https://www.breitling.com/zz-zz/privacy-policy/  .

If you prefer to place an order by telephone 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.

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. In the event that Breitling exercises its rights under this clause 2.4, 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 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 are invited to carefully review prior to 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  ,  you may choose to wait until it is available or to cancel your order  , according to the following options: 

1. If you choose to wait  until the Breitling Product is available,  we will continue to hold the payment  authorization  and inform you when the Breitling Product is available. 

2. If  you  choose to  cancel your order, your payment  authorization  will be cancelled, and any amount taken from your payment method will be promptly refunded to you on this payment method. 

In   any event, if your order is not confirmed, your payment authorization will be cancelled, and any amount 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.

When available, Pre-Orders are subject to the following:

1. 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.

2. 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.

3. When the Breitling Product becomes available for shipping, we will inform you by email. The email will include a secure payment link and any other relevant payment information.

4. Please follow the instructions provided to you by Breitling and complete the payment for the remaining amount of your Pre-Order, plus taxes and shipping costs, which will usually be requested seven (7) working days before the Breitling Product is expected to be shipped.

5. The Breitling Product will only be shipped after the full payment is received.

6. 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.

7. 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.

8. 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 as described in below in clause 7.2..

3. PAYMENT

3.1 INFORMATION ABOUT PRICES, TAX AND DELIVERY COSTS

All prices displayed on the product pages of the Breitling Channels are in Japanese Yen (JPY) and include applicable consumption taxes (“ sales taxes”) 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 or will be quoted by the Concierge Service in the case of a telephone 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 prior to the order confirmation Breitling will inform you prior to the order being concluded (to take instruction from you as to whether you still wish to proceed with the order). Please note that any price adjustment or change in shipping costs do not affect those orders that have already been confirmed by Breitling in a corresponding order confirmation.

Please also 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 sales 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 to the gift recipient.

3.2. PAYMENT METHODS

3.2.1 STANDARD PAYMENT METHODS

Payment must be made through an approved payment method before order confirmation and the shipment of the Breitling Products. The currently standard supported payment methods include those provided by Visa, Mastercard, American Express, JCB, Diner’s Club, Discover, bank transfers, cash on delivery (available only for purchases up to 500,000 JPY, including sales taxes), and Orico Shopping Loans. At the checkout, additional payment methods may be available, while certain payment methods may be unavailable. In any event, the available supported payment methods are shown to you at the checkout page and are subject to the terms and conditions specified by each payment method provider.

Some credit card companies may allow payment by instalments. This payment method is also subject to the terms and conditions of the selected credit card company and the applicable third-party payment provider. For payments made by credit card companies other than Visa and American Express, Breitling SA may act on behalf of Breitling Japan Ltd to help with the transmission of your payment information to the relevant third-party payment provider.

If you use bank transfer or cash on delivery as your payment method, in the event of a refund, you will be asked to provide your bank details by a form or by calling our Concierge Service so that Breitling can process your refund. In order to receive your refund, you must return your Breitling Product(s) according with the rules and processes described in clause 7.2..

Bank transfers:

For bank transfers, payment of your Breitling Product must be made within five (5) working days (excluding weekends and public holidays), starting from the day after Breitling receives your order. Once your payment has been made, payment is normally confirmed on the same or the following day, excluding weekends and public holidays.

Once your payment has been confirmed, the Breitling Product will be shipped within two (2) or three (3) working days.

If the five-days payment deadline has passed and your payment has not been confirmed by Breitling, please contact us. In the unlikely event that the payment deadline has passed and you have not contacted us, Breitling will cancel your order.

You are responsible for any bank transfer fees if you select bank transfer as your payment method. Breitling does not compensate for any additional charges associated with bank transfers nor refunds them in case of returns.

Cash on delivery:

The cash on delivery payment method is only available for purchases up to 500,000 JPY (including sales taxes). At the moment, we use the cash on delivery services provided by Sagawa Express Co., Ltd. Please check the Breitling Channels on a regular basis to be informed of any changes.

If you select cash on delivery as your payment method, once your order has been confirmed, we will dispatch the ordered Breitling Product as soon as they are ready for dispatch. At the time of collection, you can pay by cash, credit card or debit card. Please pay the total amount to the courier driver.

The fee to be paid includes the price of the Breitling Product(s) and an additional fee for the cash on delivery service (" cash on delivery fee") as indicated below. The cash on delivery fee is determined by the price of the ordered Breitling Product(s) and the sales taxes.

Examples of cash on delivery charges :

Cash on delivery from 600,001 JPY to 700,000 JPY incurs a commission fee of 7,700 JPY (sales taxes included).

Cash on delivery from 700,001 JPY to 800,000 JPY incurs a commission fee of 8,800 JPY (sales taxes included).

If the order is not received and payment is not completed within seven (7) from the date of delivery (including weekends and public holidays), Breitling will cancel your order.

3.2.2 PAYMENT METHODS AUTHORIZATION AND VERIFICATION

For all orders you will need to enter your payment details via a secure payment link or secure payment gateway. Your payment method information will be processed by your applicable third-party payment method provider. Please note that Breitling does not store your payment details for your next orders.

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 the transaction generated by your payment method, 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 at the moment 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. 

 In the event that your ordered Breitling Product is not available, or your order is not confirmed, then the provisions of clause  2.7(a) and 2.7(b) shall be applicable.

3.3 FINANCING THROUGH A THIRD-PARTY FINANCING COMPANY INDEPENDENT OF BREITLING

At the checkout you may have the option to pay for Breitling Products through one or more independent third-party financing companies. You will be informed of any third-party financing options that are available pursuant to which you may apply for to purchase a Breitling Product. Please note that such companies are independent of Breitling and Breitling is not affiliated with them in any manner.

The independent third-party financing company determines whether you qualify for the third-party financing service. Hence, Breitling does not know and has no access to the information that you may share with the third-party financing company in exploring your financing options. Breitling is not responsible for any third-party services that you choose to employ in connection with your Breitling Product purchase. Your use of the third-party financing service is subject to the independent third-party financing company’s terms and conditions.

3.4 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 Breitling Channels, 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  https://www.breitling.com/zz-zz/privacy-policy/  to learn more about how we use and protect your personal information.

4. OPTIONAL SERVICES

Breitling may offer Customers certain optional services for enhancing their Breitling Product such as:

1. Delivery of a Breitling box with gift wrap: your Breitling Product will be delivered to you in an attractive wrapped Breitling box.

2. Adjustment of the bracelet of your Breitling Product: this service is available on certain watch models. When this option is available, you will need to indicate the size of your wrist in millimeters through the Breitling Channels.

3. Exchange of your watch leather strap: depending on the selected Breitling watch model, different sizes of leather straps are available upon request through the Breitling Channels.

4. 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.

5. Personalize by engraving: Breitling may, at its sole discretion, offer to you for certain Breitling Products the possibility to customize your Breitling Product with an engraving. When this option is available, it will be shown during the checkout process.  You, as the Customer, will be asked to provide the content to be engraved and will be responsible for the correctness of the content, for which Breitling does not assume any liability  . Breitling may reject at its sole discretion orders for engraving Breitling Products that are in breach with Breitling's technical requirements and specifications, or are unlawful, objectionable or contrary to Breitling's brand image or policies.

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 complementary (provided free of charge). Note that Breitling Products that are customized or engraved or watch straps that have been cut or adjusted to fit your wrist, are not eligible to be returned to Breitling for a refund, as set out in clause 7.2.(e).

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: 

(a) If the promotion details specify, create a personal Breitling account or log into your existing Breitling account; 

(b) Order a Qualifying Product through the Breitling Channels; and 

(c) 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 and if stated in the promotion details. 

Any additional relevant information, including specific limitations and restrictions, will be displayed 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, Breitling can 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:     

(a) 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 

(b) 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. Please be aware that only one Gift will be applied per order.

Each Gift is provided at the discretion of Breitling and may be revoked or changed by us at any time. Gifts are also subject to specific restrictions, including their validity period, eligible locations, and availability. 

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 six (6) working days from transmission by Breitling of the order confirmation, however these times are purely indicative and are not binding on Breitling. You are invited to indicate during the checkout process your preferred time slot of delivery (taking into account the above indicative delivery times). These indicative delivery times do not apply to optional services or promotions described in clauses 4. and 5. above.

Please note that Breitling Products cannot be delivered everywhere. All orders made through the Breitling Channels are limited to delivery in Japan. Additionally, we are unable to deliver to hotels and hostels, post office box addresses, 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 at checkout. Special deliveries may be subject to additional delivery charges and different delivery times, which will be informed to you by Breitling if applicable.

6.2 COLLECT OPTION

Depending on availability (if any), you may also choose a Breitling Boutique, or another store as indicated by Breitling, as delivery address (the “Collection Point”) where you may collect the purchased Breitling Product (the “Collect Option”). This option, when available, will be shown at checkout and you will be able to choose the nearest Breitling Boutique, or another store indicated by Breitling that best suits you.

If you choose the Collect Option, the responsibility for the Breitling Products passes to the Customer when the Customer collects the ordered Breitling Products at the Collection Point. The Customer will be notified via email once the ordered Breitling Product has arrived and can be collected at the Collection Point.

In case the Collect Option has been chosen, the Customer can collect the ordered Breitling Products 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. As a consequence, 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 right to cancel the contract outlined in clause 7.1..

When collecting the ordered Breitling Products at the Collection Point, you or your mandated recipient (who must show a written mandate from you and a copy of your identity document) has to 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 Breitling’s Privacy Policy  https://www.breitling.com/zz-zz/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 sales 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 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, 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, notices 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 authorized service center. Failure to inform Breitling in accordance with these timelines may void your right to make a claim under our international warranty  https://www.breitling.com/zz-zz/service/international-warranty/  as described in clause 9.. Any return of your Breitling Product must be in accordance with the rules contained in clause 7.2..

7. RETURNS

7.1 RIGHT TO CANCEL THE CONTRACT

You have the right to cancel the contract created by our order confirmation without giving any reason thirty (30) 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. If more than one item is ordered under the same contract, then the cancellation period ends at the end of thirty (30) days from the day on which the last of the Breitling Products comes into your, or your nominated recipient's, possession.

To cancel the contract and return your Breitling Product, you must follow the rules and requirements described in clause 7.2. (“ Return Rules”).

7.2 RETURN PROCESS

Only Breitling Products that have been purchased through the Breitling Channels and that comply with the following Return Rules may be returned to Breitling and are eligible for a refund:

1. Notify the Concierge Service that you wish to return your Breitling Product and receive a refund. You will be asked to provide a picture of the returned Breitling Product and provide proof of purchase.

2. The Concierge Service will verify your purchase and whether the notification of the return is being made during the 30-day return period set forth in clause 7.1.. The Concierge Service will also verify the condition of the Breitling Product.

3. Only Breitling Products that are unused, undamaged, unaltered, in untarnished condition and that have not been worn may be returned. You must return the Breitling Product (including any accessories included in the price of the Breitling Product such as metal bracelets, gifts, e-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 return if any of these conditions are not met or the accessories included with your Breitling Product are not returned in full.

4. You should not remove the original protective film and blue tag before trying on the Breitling Product, as this may affect the return. If you buy a leather/rubber strap, please do not wear it or insert the watch pin into the hole of the strap until you are sure that you like it, because you cannot return it after wearing the leather/rubber strap.

5. Please note that   Breitling Products that are customized or engraved or watch straps that have been cut or adjusted to fit your wrist, are not eligible to be  returned .

6. You must seal the delivery package carefully with additional adhesive tape if necessary and label the package with the return label generated and sent via email to you by the Concierge Service.

7. 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.

8. 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 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 or the Return Rules, Breitling may refuse the return, and in such a case the Breitling Product will be sent back to you at your original shipment address. Alternatively, Breitling reserves the right to deduct from any refund an 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. 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 keep you informed by email.

9.  You must keep a proof of return shipment to Breitling and Breitling accepts no liability in the event that such proof cannot be produced.  Refunds are eligible only for Breitling Products returned to Breitling’s returns center.

10. 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.

8. BREITLING PRODUCT WITH A DEFECT

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 described in clause 7.2..

 Subject to the warranty period specified under our international warranty   https://www.breitling.com/zz-zz/service/international-warranty/  as described in clause  9.,  if your Breitling Product is determined to be defective by Breitling, Breitling will propose to you the following options: 

(a)  If possible, 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 replacement the same Breitling Product in the exact same size  . 

(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. 

These options shall not deprive you of any additional mandatory remedies provided by applicable consumer protection laws from the Country.

 Breitling Products that are damaged as a result of 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. 

9. INTERNATIONAL WARRANTY

Breitling Products are covered by the warranty provided under our international warranty. This is in addition to any statutory warranty provided to consumers under applicable law. The conditions of our international warranty are specified on our Website  https://www.breitling.com/zz-zz/service/international-warranty/  and on the documents accompanying the Breitling Product. Our international warranty guarantees 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 e-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 e-Warranty card to any authorized Breitling retailer or distributor, as well as to any authorized Breitling service center.

10. REPAIRS BY BREITLING

Subject to the warranty period and conditions specified in clause 9., any manufacturing defect is covered by our international warranty  https://www.breitling.com/zz-zz/service/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 our Website.

11. 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.  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 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, Breitling will either contact you for instructions before shipping the order or cancel the order and notify you of such cancellation. 

Breitling will make every effort to ensure that the Breitling Product descriptions, photographs or graphical representations displayed on the Breitling Channels or in a catalogue are accurate.  Nevertheless, Breitling does not warrant that such materials or other content is error-free, whether as a result of inaccuracy, omission, mistake or otherwise  . The Customer's sole remedy in the event of any such error is to return the Breitling Product as set forth in the Return Rules stated above.

12. LIMITATION OF LIABILITY

Notwithstanding anything else in these Conditions  of   Sales, certain laws and regulations from the Country 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 Products, their use, their sale or the Breitling Channels   and  (ii) losses not foreseeable by both parties when  the  contract was formed . 

(c  ) Without limiting the scope of these Conditions of Sale, no request whatsoever concerning delivered Breitling Products, the non-delivery of Breitling Products or any other request may exceed the amount of the purchase price of the Breitling Products which led to a claim for damages. 

13. GENERAL PROVISIONS

In the event that 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 the laws of Japan, 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 international warranty  https://www.breitling.com/zz-zz/service/international-warranty/  .

14. APPLICABLE LAW AND JURISDICTION

These Conditions of Sale are governed by and construed in accordance with the laws of Japan 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 these Conditions of Sale.

The Tokyo District Court shall have exclusive jurisdiction to settle any dispute brought by you arising out of or in connection with these Conditions of Sale. If Breitling is the plaintiff or petitioner, then the district court of your residence in Japan shall have jurisdiction to settle any dispute arising out of or in connection with these Conditions of Sale.

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, these Conditions of Sale or any breach thereof.

Breitling Japan Ltd, October 31, 2022.