TERMS & CONDITIONS
GENERAL CONDITIONS OF SALE FOR
E-COMMERCE AND CUSTOMER RELATIONS SERVICE OF BREITLING USA
WELCOME TO OUR USA E-BOUTIQUE
1. APPLICABILITY
These general 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) (together the “Breitling Products”) that you (the “Customer”, also referred to as ‘you’ or ‘your’) order from Breitling via the Breitling Channels (each as defined below).
“Breitling” (also referred to as ‘us’, ‘our’ or ‘we’) means Breitling USA, Inc., a corporation organized under the laws of Connecticut, United States of America (USA), with offices at Hangar 7, 206 Danbury Road, Wilton, Connecticut (CT) 06897, USA.
“Breitling Channels” means Breitling's website under the URL “www.breitling.com/us-en/” (the “Website”), Breitling’s Customer Relations Service which can be contacted by phone +1-866-657-7670) and email info.us@breitling.com (the “Customer Relations Service”), and 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 the continental USA, Alaska and Hawaii. 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/zz-zz/terms-of-use/ and confirm that you have read and accept our (“Privacy Policy”) i.e. https://www.breitling.com/zz-zz/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.
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 contact the Customer Relations Service to stop your interaction with us and refrain from making any orders of Breitling Products through 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 or present specific risks, 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 2.8; if you choose to use BITPAY to pay for Breitling Products by exchanging cryptocurrency for US dollars there are specific conversion risks that are described in clause 3.2.2; 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 clauses 11 and 12; other similarly important terms are highlighted in bold in these Conditions of Sale.
2. ORDERING BREITLING PRODUCTS
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 the continental USA, Alaska or Hawaii. Legal entities including companies and corporations are not permitted to purchase Breitling Productions under these Conditions of Sale. 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 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. 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 Customer Relations Service.
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 full legal name, 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 in order 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 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.
Any change to the conditions or information required to place an order or to open an account will be posted through the Breitling Channels.
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 Customer Relations Service. Should Breitling reasonably suspect that a third party has breached a Customer's account or has misused a Customer account credentials, Breitling will immediately cancel and terminate such account and contact you by other means, for example via email or telephone.
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 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 Customer Relations Service, the Customer Relations Service will assist you to complete the order process on your behalf. Any inquiries and questions may also be directed via email or telephone to the Customer Relations Service. Written questions and queries may be directed to the Customer Relations Service at the address for Breitling at clause 1.
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 to cancel or terminate an order 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 or terminated order. You will not be entitled to any other compensation or remedy in respect of such cancellation or termination by Breitling.
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 Customer Relations Service, we will ask you to confirm the details orally and then we will provide you with a secure payment link for you to authorize payment.
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.
7. AVAILABILITY/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 send you by email an order approval notifying you that your order is approved and that your selected Breitling Product is being prepared for shipment.
8. ORDER CONFIRMATION
Upon shipment of your order, Breitling will send you by email a written order confirmation (“order confirmation”) to confirm that your order has been accepted and take payment from your payment method. The order confirmation constitutes the acceptance of your order by Breitling and indicates the existence of a binding sales contract. The invoice of your purchase will be attached to this notice in a 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. 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 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.
9. PRE-ORDER
For specific Breitling Products where stipulated on our Website’s product pages, Breitling offers the possibility of pre-ordering a specific Breitling Product that is not currently available (“Pre-Order” or “Pre-Ordering”). 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:
Limited editions of models 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.
At the time of the Pre-Order, you must make a deposit payment of a proportion of the retail sales price when placing the Pre-Order. The exact amount of the Pre-Order deposit payment will be confirmed at the time of the Pre-Order.
When and if the Breitling Product becomes available for shipping, we will inform you by email. The email will include a secure payment link.
You will have seven (7) days from receiving our email to confirm your order, by paying the balance of the purchase price, taxes and shipping costs, as the case may be, through your selected payment method.
If you do not pay the balance of the purchase price, taxes and shipping costs within the seven (7) days period specified above, Breitling reserves the right to cancel your Pre-Order without further notice. In such case, Breitling will credit back on your payment method the deposit payment made at the time of the pre-order.
The Breitling Product will only be shipped after the full payment for itis received.
If the Breitling Product you have pre-ordered is not available, Breitling will inform you by email, and will promptly credit back the deposit 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.
Please do not hesitate to contact Customer Relations Service 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.
You will have the possibility to cancel your Pre-Order at any time prior to Breitling sending you a notice that your Pre-Order is ready to ship via the cancellation link provided through the Breitling Channels including through an email to the Customer Relations Service. Breitling will in such case promptly credit back to your payment method the deposit 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.
3.PAYMENT
3.1 INFORMATION ABOUT PRICES, TAX AND DELIVERY COSTS
All prices displayed on the product pages of the Breitling Channels are in US dollars and exclude sales taxes, 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 Customer Relations 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 which 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 Customer Relations 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 supported payment methods include those provided by Visa, Mastercard, American Express, JCB, Diner’s Club, Discover and PayPal. At the checkout additional payment methods may be available, while certain payment methods may be unavailable. In any event the available supported payments methods are shown to you at the checkout page and are subject to the conditions specified by each payment method provider.
3.2.2 PAYMENT WITH CRYPTOCURRENCY
Independent third-party payment service providers may enable payment with cryptocurrency on Breitling Channels. The currently supported payment method using cryptocurrency is provided by BITPAY. Other payment providers may be shown at the check-out and in such case these terms apply on an equivalent basis. If you decide to pay with cryptocurrency for your purchase of Breitling Products, you will be redirected to a third-party platform, BITPAY, to process your payment. Your selected cryptocurrency will be converted to US dollars to effect payment to Breitling. The conversion will be facilitated and completed by BITPAY. Use of your cryptocurrency for payment and the services of BITPAY is solely at your election and is done at your risk.
Please note that Breitling is not a party to your contract with BITPAY and that your rights and obligations are regulated solely by the terms of use of BITPAY.
In the event of a return of a Breitling Product which results in a refund to you, we will tender to BITPAY the amount we received in US dollars (net of all applicable charges, costs and other non-refundable charges) and BITPAY will convert this amount to the cryptocurrency you used to pay for your purchase and process your refund.
The amount of cryptocurrency refunded to you by BITPAY will be determined by the exchange rate between US dollars and the relevant cryptocurrency applied by BITPAY at the time the refund is paid, and not the exchange rate on your invoice. Please note that this may result in a refund amount that is less than the original amount of the cryptocurrency converted for payment; in some cases, this amount may be significantly less due to price fluctuations caused by the volatile nature of cryptocurrency. You may also suffer a complete loss should BITPAY as a platform cease to function or it experiences a liquidity freeze for an extended period of time. Any risks associated with your use of the cryptocurrency payment option, refunds of cryptocurrency and the use of the services of BITPAY is solely upon you and is between you and BITPAY.
Breitling is not responsible for, and does not control, the transactions processed through BITPAY and the exchange rate between US dollars and the relevant cryptocurrency applied by BITPAY (up and down) at the time of the refund that you may experience. In the event of any dispute regarding the exchange rate of your cryptocurrency for US dollars or any other related matter you must contact BITPAY.
3.2.3 PAYMENT METHODS GENERAL
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 2.8 shall be applicable.
3.3 FINANCING THROUGH A THIRD-PARTY FINANCING COMPANY INDEPENDENT OF BREITLING
At the checkout you will have the option to pay for Breitling Products through independent third-party financing independent 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 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 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 finance service is subject to the third-party finance company’s terms and conditions.
3.3.1. AFFIRM – THIRD-PARTY FINANCING COMPANY
Affirm is a third-party financing company independent of Breitling that allows its customers to pay for products through financing over a period of time. Affirm loans are made by Cross River Bank, a New Jersey State Chartered Commercial Bank, which is a member of the Federal Deposit Insurance Corporation (FDIC).
The financing options are offered through Affirm and Breitling is not privy to information shared by you with Affirm when exploring your financing alternatives. Affirm determines whether you qualify for its services. If you decide to pay using Affirm’s services, you will be subject to Affirm’s Terms of Service, which you are encouraged to review.
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 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 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:
Delivery of a Breitling box with gift wrap: your Breitling Product will be delivered to you in an attractive wrapped Breitling box.
Adjustment of the bracelet is available on certain watch models. When this option is available, indicate the size of your wrist in millimeters through the Breitling Channels.
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.
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 complementary (provided free of charge). You are invited to contact the Customer Relations Service for any inquiries.
5. PROMOTIONS AND PROGRAMS
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. The delivery time for express delivery is usually one (1) to three (3) business days from transmission by Breitling of the order confirmation. Standard delivery can take up to eight (8) days. However, these times are purely indicative as they can vary depending on the ordered Breitling Product, and are not binding on Breitling. The delivery schedule will be shown to you at the checkout. These indicative delivery times do not apply to optional services or promotions and programs described in clauses 4 and 5 above. In such cases, the Customer Relations Service may contact you to agree on other arrangements.
Breitling will only accept to deliver orders to addresses in the continental United States, Alaska or Hawaii. You are invited to indicate your preferred time slot of delivery (considering the above indicative delivery times) during the checkout process. No orders will be shipped to hotels and hostels, post office boxes addresses, Army Post Office (APO) and Fleet Post Office (FPO) addresses, or to other 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 the Website.
Orders may be subject to delivery charges which if applicable we will notify you of the charges at checkout. Special deliveries may be subject to additional delivery charges.
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 continental USA, Alaska and Hawaii as 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 have arrived and are ready for collection at the Collection Point.
When collecting the 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), 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.
Please note that you can collect the Breitling Products at the Collection Point within a period of fourteen (14) days from email 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 via their chosen payment method. Please note that this cancellation option is in addition and not a substitute to the right to return Breitling Products mentioned in clause 7 below.
6.3 RECEPTION AND VERIFICATION OF THE BREITLING PRODUCTS
Breitling insures your purchased Breitling Product during transit and delivery to you. The responsibility for the Breitling Product passes from Breitling to you when the Logistics Provider delivers the Breitling Product to you or your 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 Breitling Product manual, if applicable; the Certificate of Official Swiss Chronometer Testing Institute and/or an e-Warranty Card; a Breitling Bag; the return instructions and the packing slip. We will also include a thank you note and the printed gift note containing your message if you have requested it at the time of the order.
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 Customer Relations Service without delay in case of any such defect or damage you or the gift recipient notice on delivery or within thirty (30) 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 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 our Return Rules contained in clause 7.
7. RETURNS
7.1 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 within thirty (30) days following the purchase order date. In order to cancel the contract and return your Breitling Product you must follow the return rules and requirements described in clause 7 (“Return Rules”).
7.2 RETURN PROCESS
Only Breitling Products that have been purchased through the Breitling Channels including through the Customer Relations Service and that comply with the following Return Rules may be returned to Breitling and are eligible for a refund:
Notify the Customer Relations 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.
The Customer Relations Service will verify your purchase and whether the notification of the return is being made during the thirty (30) days return period. The Customer Relations Service will also verify the condition of the Breitling Product.
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, tags, warranty cards, the Breitling Product manual, the certificate of the official Swiss Chronometer Institute (not required for the e-Warranty card), and any document provided with purchase) in its original box and packaging. Watch bracelets that have been adjusted at the Customer's request must be returned with the exact same number of links as in the original delivery package.
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.
You should not remove the original protective film and yellow log 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.
You will be given an option to choose an address and a pickup date where our Logistics Service Provider will collect the Breitling Products at the time and designated location and will bring along the return label. Customer Relations Service will provide you with the tracking number.
You must follow Breitling’s return instructions. 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 by the Customer Relations Service.
The Customer Relations 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 will 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.
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 or progress by email.
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. received by Breitling Customer Service at the address specified.
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.
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 thirty (30) days return for any reason.
7.3 RETURN PROCESS – ORDERS PURCHASED USING CRYPTOCURRENCY
In order to be able to return a Breitling Product that has been purchased using cryptocurrency, and be eligible for a refund, your Breitling Product must comply with the same Return Rules described in clause 7 above. In addition, you must follow the same process to obtain return confirmation from Breitling described in the clause 7.
If you successfully return your Breitling Product to Breitling and you receive confirmation from Breitling that you are eligible for a refund, the refund collection must be performed by you on BITPAY’s dedicated webpage, a link to which you will receive in an email from BITPAY. BITPAY refunds are subject to BITPAY’s terms of use and are processed in accordance with the steps and processes indicated by BITPAY. Please note that there are specific conversion risks involved in the refund collection, which are described in clause 3.2.2.
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 stated in clause 7. 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 determined to be defective by Breitling, 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 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 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 local, state and federal law in the USA. The conditions of our international warranty are specified on our Website https://www.Breitling.com/zz-zz/service/international-warranty/ and as well on the documents accompanying the Breitling Product. Our international warranty guarantees the Breitling Product against any manufacturing defect for a period between two (2) and five (5) years, depending on the relevant warranty conditions, 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 or via Customer Relations Service 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.
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 Customer Relations 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, in advertisement or catalogue or by the Customer Relations Service, Breitling makes no warranties, whether express or implied, in relation to the accuracy, reliability and completeness of such information.
Information provided on the Breitling Channels, in our advertisements or catalogues, or obtained from the Customer Relations Service 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 on Breitling Channels including the customer relations service including, but not limited to, the implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, reasonable care and skill, or non-infringement. In no event will Breitling be liable for damages other than actual direct damages proven in a court of law.
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 makes efforts to ensure that the Breitling Product descriptions, photographs or graphical representations displayed on the Breitling Channels or in a catalogue are as accurate as possible. Nevertheless, Breitling does not warrant that such materials or other content is error-free, whether as a result of inaccuracy, omission, discontinuance from use or exercise 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 in clause 7.
12. LIMITATION OF LIABILITY
Subject to the provisions of consumer protection 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, (iii) inaccurate or incomplete information provided by Breitling about a third-party service provider, and (iv) services provided by third-parties including the facilitation of payment methods by third-party service providers; (b) 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.
Notwithstanding anything else in these Conditions of Sales, certain laws and regulations, including consumer protection 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.
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 full force and effect. The invalid provisions shall be replaced by the applicable legal provisions of US local, state or federal 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.
No oral representation or agreement given by any party shall alter the interpretation of the Conditions of Sale. You confirm that, in agreeing to accept these Conditions of Sale, you have not relied on any representation save insofar as the same has expressly been made a representation in the Conditions of Sale and you agree that you shall have no remedy in respect of any misrepresentation which has not become a term of the Conditions of Sale save that your agreement contained in this clause 13 shall not apply in respect of any fraudulent misrepresentation whether or not such has become a term of the Conditions of Sale.
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. GOVERNING LAW AND ARBITRATION OF CLAIMS
These Conditions of Sale and, therefore, the agreements entered into with the Customer, are governed by and shall be interpreted in accordance with the laws of the state of New York without regard to its conflict of law provisions or choice of law rules. The Conditions of Sale shall not be subject to the United Nations Convention on Contracts for the International Sale of Goods.
To the maximum extent permissible by applicable law, any claim, dispute, or controversy (whether in contract, tort or otherwise, whether pre-existing, present or future, and including, but not limited to, statutory, common law, intentional tort and equitable claims) arising from or relating to the Breitling Products, the interpretation or application of these Conditions of Sale, the Privacy Policy or the breach, termination or validity thereof, and/or the relationships which result from these Conditions of Sale (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories hereto) (collectively, a “Claim”) will be resolved, upon the election of Breitling, exclusively and finally by binding arbitration pursuant to the Rules of the American Arbitration Association. Neither Breitling nor Customer will have the right to litigate that Claim in court or to have a jury trial on that Claim or to engage in pre-arbitration discovery, except as provided for in the applicable arbitration rules or by agreement of the parties involved. Further, to the maximum extent permitted by applicable law, Customer will not have the right to participate as a representative or member of any class of claimants pertaining to any Claim. Notwithstanding any choice of law provision included in these Conditions of Sale, this arbitration agreement is subject to the Federal Arbitration Act (9 U.S.C. §§ 1-16). The arbitration will take place exclusively in the State of New York, New York County, Borough of Manhattan. Any court having jurisdiction may enter judgment on the award rendered by the arbitrator(s). To the maximum extent permitted by applicable law, each party involved will bear its own cost of any legal representation, discovery or research required to complete arbitration. The existence or results of any arbitration will be treated as confidential.
Notwithstanding anything to the contrary contained herein, all matters pertaining to the collection of amounts due to Breitling for the sale of Breitling Products will be exclusively litigated in court rather than through arbitration.
In the event of any Claim, the prevailing party shall be entitled to additionally recover reasonable legal expenses and costs, including attorney’s fees, from the other party.
Breitling USA, Inc. - June 29, 2023
TERMS & CONDITIONS OF SALE FOR ADDITIONAL SERVICES
1. APPLICABILITY
The following conditions and any other related terms made available as provided herein (“Terms of Sale for Services” or “TSS”) shall apply to additional services as provided by Breitling to its customers (“Breitling Services”) that you, acting as a consumer, (also referred to as the “Customer(s)”) may order from Breitling Canada Inc., a corporation duly incorporated under the laws of the Province of Ontario having its head office at 250 Bloor Street East, Suite #101, Toronto, Canada, M4W 1E6 (referred to as “us”, “our”, “we” or “Breitling”) on the Internet via Breitling's website, under the URL “https://www.breitling.com/ca-zz/breitlingcare/” (“Website”).
Only if either expressly stated below and/or communicated to you separately in the specific Breitling Boutique, certain Breitling Services may also be offered for purchase to Customer(s) via the Concierge Service of Breitling (“Concierge Service”) and/or within a dedicated Breitling Boutique, for which in either case the Terms of Sales for Services apply accordingly.
The Concierge Service of Breitling can be contacted by phone in each country into which Breitling is selling to. You can find a list with the specific country numbers and further contact information here https://www.breitling.com/zz-zz/store/services/contact/
The Terms of Sale for Services apply solely to any order for a specific service below, made online through the Website or, if applicable, through the Concierge Service, to natural persons residing in Canada.
From time to time, Breitling may modify the Terms of Sale for Services at its sole discretion.
Breitling will announce such modifications where required by law, but please also check our Website on a regular basis to be informed of any changes. If you do not wish to be bound by any announced amendments to the Terms of Sale, you should contact Breitling’s Concierge Service to stop your interaction with us and refrain from making any online orders through the Website or the Concierge Service after the effective date of the changes.
Orders placed before the effective date of certain changes to the Terms of Sales for Services will not be affected by these changes.
2. ORDERING BREITLING SERVICES
2.1 ELIGIBILITY TO PURCHASE
Individuals ordering Breitling Services on the Website or through the Concierge Service must (a) have reached the age of majority in the province in which they reside, (b) have legal capacity to enter into contracts and (c) reside in Canada. Legal entities are excluded. If you are under the age of majority or otherwise cannot lawfully enter into a contract, only your parent or guardian can place an order on your behalf and thus consent to these Terms of Sale. Any orders contrary to this provision will be null and void.
By placing an order on the Website or through the Concierge Service, you guarantee that you are purchasing Breitling Service in good faith and will not purchase, deliver, sell or otherwise distribute Breitling Service for commercial purposes or for any commercial benefit. Breitling may refuse the order if it believes, in its sole discretion, that an order would contravene this statement or that you are involved in fraudulent or grey market activities.
2.2 AVAILABILITY OF SERVICES
Breitling reserves the right to change the selection of Breitling Services available on the Website or through the Concierge Service at its sole discretion at any time. All orders placed on the Website or through the Concierge Service are subject to availability and final acceptance and confirmation by Breitling.
You will find information regarding Breitling Services that are currently available on the dedicated “#BreitlingCare” page of the Website available at https://www.breitling.com/ca-zz/breitlingcare/ or through our Concierge Service.
2.3 PROCESSING YOUR ORDERS
Please carefully review your order on the ordering page of the checkout and click on the “CONFIRM MY ORDER AND PAY” or similar button.
You may be invited to provide additional personal information when placing an order on the Website or through the Concierge Service, such as shipping and/or billing address, payment details, or information to verify your identity. You confirm that all personal information given to Breitling is true and accurate. Breitling or its third-party providers may collect additional information for security and anti-fraud purposes.
Notwithstanding anything to the contrary provided for herein, and to the extent permitted by applicable law, Breitling reserves the right to refuse, cancel, and terminate orders at any moment and at its sole reasonable discretion. For instance, if there is an ongoing dispute concerning payment of a prior order or if Breitling reasonably suspects a violation of these Terms of Sale.
2.4 ORDER VERIFICATION
You are responsible to verify and confirm all details on the payment page before placing your order through the Website, including without limitation the specific details of each order. When placing an order through the Concierge Service, you will subsequently receive an email asking you to confirm the details of your order. Once you have confirmed, your order will be finalised.
2.5 ORDER ACKNOWLEDGMENT
Breitling will send the Customer an order acknowledgment by email, once the order is placed on the Website or through the Concierge Service, acknowledging the details of your order. This order acknowledgment contains an order number assigned by Breitling that you can use for future enquiries regarding your order. This order acknowledgement neither constitutes the final acceptance of your order by Breitling, nor does it create a contract between the Customer and Breitling.
When ordering by phone through the Concierge Service, you will also receive by email these Terms of Sale for Services along with the order acknowledgement.
2.6 ORDER CONFIRMATION
Following completion by Breitling of its anti-fraud, security and related legal checks and subject to product availability, Breitling will send the Customer by email a written order confirmation within 2 weeks of receiving the order. The order confirmation constitutes the acceptance of your order by Breitling and forms a binding contract between Breitling and yourself. If you have not received an order confirmation within two weeks, your order will be deemed to be rejected.
2.7 COMMENCEMENT AND DURATION OF SERVICES
Each Breitling Service will be provided to the Customer for a duration as set out in the specific service information and/or service description, provided to you on the website and/or during the order and checkout process.
3. SERVICES
3.1 WARRANTY EXTENSION
Breitling is offering to you the possibility to purchase an extension of Breitling International Warranty and/or Breitling International Manufacture Movement Warranty on https://www.breitling.com/ca-zz/ (each referred to as “Breitling Warranty Extension”), covering your Breitling watch or chronograph against any manufacturing defect for an additional period of time as set out under the “EXTENDED INTERNATIONAL WARRANTY TERMS”, available on https://www.breitling.com/ca-zz/service/international-warranty/.
In order to be able to purchase Breitling Warranty Extension, you will need to sign up for “My Account” on https://www.breitling.com/ca-zz/ (“Breitling Account). If you don’t have a Breitling Account yet, you can sign up on https://www.breitling.com/ca-zz/my-account/login/.
Breitling Warranty Extension is an additional service which Breitling is offering to Customers residing in Canada.
Breitling Warranty Extension can only be purchased for a Breitling watch and/or chronograph which is still under valid Breitling International Warranty and/or Breitling International Manufacture Movement Warranty.
Breitling Warranty Extension is a one-time extension only and cannot be combined with a second Breitling Warranty Extension for the same Breitling watch and/or Breitling chronograph.
For Breitling Warranty Extension, same Exceptions as for Breitling International Warranty and/or Breitling International Manufacture Movement Warranty apply.
For the Warranty Extension, the price as applicable on the date of purchase, displayed to you at the check-out and confirmed by Breitling in your order confirmation e-mail, applies.
3.2 INSURANCE FOR YOUR BREITLING PRODUCT
In several countries, Breitling is pleased to offer to you the option to purchase an insurance, covering your Breitling product against different kind of risk (usually incl. damage, theft and loss, provided scope of coverage is not different for the insurance service offered in your specific country) (“Insurance Service”).
The Insurance Service, if available in your country, is offered by the third-party company available in your country of residence, which is independent of Breitling.
Breitling is working with duly selected third-party Insurance companies, that may change from one country to the other.
Hence, Breitling does not know and has no access to information that a Customer may share with the third-party company in exploring the option of purchase such Insurance Service.
Breitling is not responsible for any third-party services that a Customer may choose to employ in connection with their Breitling purchase. The Insurance Service is subject to their own terms and policies only.
Customers interested in exploring options to purchase an Insurance for their Breitling product may visit the website of the third-party insurance company available in their country, to learn about the requirements and the specific terms that may apply.
By choosing the option to purchase the Insurance Services offered to you on the Breitling website, you will be redirected to the website of the insurance company available in your country of residence, if any.
If available in your country of residence, the option to purchase Insurance Service will be shown to you on the dedicated page #BreitlingCare which you can find here https://www.breitling.com/zz-zz/breitlingcare/insurance/.
4. PAYMENT
4.1. INFORMATION ABOUT PRICES, TAX AND DELIVERY COSTS
Breitling reserves the right to change or adapt prices for Breitling Services without specific prior notice on the Website. If the price of a Breitling Service displayed on the Website or quoted by the Concierge Service changes prior to the order confirmation (by Breitling), Breitling will inform the Customer prior to the order being concluded (to take instruction from you as to whether you still wish to proceed with the order).
Actual costs and prices including applicable taxes will be indicated on the payment page before you are invited to confirm and place your order (in the case of a Website order) or will be quoted by the Breitling Concierge (in the case of a telephone order) (“Purchase Price”).
Please note that changes to tax laws may occur between the date your order is placed and the date of our order confirmation. We will contact you and ask that you reconfirm your purchase if this results in increased VAT or sales tax being charged. You are free to reject our offer to purchase under the new conditions.
Such costs and taxes will be indicated on your order confirmation email and on your invoice.
4.2. PAYMENT METHODS
4.2.1. BANK TRANSFER / CREDIT / DEBIT CARDS / INVOICE
Payment can be made either by bank transfer or by credit/debit card, like Visa, Mastercard, AMERICAN EXPRESS, JCB, Diner's Club, Discover. The available supported payments cards and methods are shown to you at the check-out page.
Invoice payment may be available in some countries and will be specified on the check-out page where available.
Payment may be processed by a third-party processing entity. For orders through the Concierge Service, you will need to communicate your credit card number and security code (CVV2/CVC2/CID) to the Concierge. For security reasons and quality control, the telephone conversation may be recorded. Credit card information that is recorded during a telephone call is fully encrypted and used only for the purpose of processing the transaction.
All credit/debit card holders are subject to verification, validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment to Breitling, you need to contact your card issuer directly to resolve the issue. Breitling will not be liable for delay or non-delivery in case of issues related to third party payment services.
The full amount of the Purchase Price will be reserved on your credit card until your order is shipped to the shipping address you have provided to Breitling, at which time you will be sent an order confirmation email and your credit or debit card will be charged the full Purchase Price. Where required by applicable law, we will offer at least one additional means of payment which allows payment in instalments or in arrears.
Breitling takes precautions, such as administrative, technical, and physical measures to protect your personal information against loss, theft, and misuse, as well as against unauthorised 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 security of the data you transmit to the Website. Any transmission is at your own risk and Breitling cannot be held liable.
4.2.2 ADDITIONAL ONLINE PAYMENT METHODS
You may also have the option to pay by using additional online payment methods like PAYPAL or GOOGLE PAY under the conditions specified by each payment system. The available supported payments methods are shown to you at the check-out page.
5. RIGHT OF WITHDRAWAL
The Customer understands and agrees that any contract to purchase the Breitling Services via our Website shall be final and no right to withdrawal shall be contained therein.
You have the right to cancel the contract concluded through our written order confirmation without giving any reason, within thirty (30) days from the day on which you receive the order confirmation.
In order to exercise your right of withdrawal, you must send us a clear statement (e.g. a letter sent by post or email to Breitling Canada Inc, 250 Bloor St. East, Suite 101, Toronto, ON M4W 1E6, email: (…)) informing us about your decision to cancel the contract.
After the first 30-day period, you cannot cancel the contract (unless otherwise prohibited by law).
6. ACCURACY OF PRICING AND SERVICE DESCRIPTIONS
While Breitling endeavours to verify the correctness of any information it places on its Website, in advertisement or catalogue or by the Concierge Service, it makes no warranties of any kind, whether express or implied, in relation to the accuracy, reliability and completeness of such information.
Breitling only confirms the price of a Breitling Service with the issuance of an order confirmation, indicating the existence of a binding sales contract. If a Breitling Service’s correct price is higher than the price posted on our Website, Breitling will inform you of the correct price and conditions and will request you to confirm the purchase on these terms. You are free to reject the purchase offer on the new terms.
Information on the Website or obtained from the Concierge Service 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 on the Website or through the Concierge Service including, but not limited to, the implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, reasonable care and skill, or non-infringement. Breitling will not be liable for any damage other than actual, direct damage that can be proven in court.
Breitling will make every effort to ensure that the Breitling Service descriptions, photographs or graphical representations displayed on the Website or in a catalogue are as accurate as possible. Nevertheless, Breitling does not warrant that such materials or other content is error-free, whether as a result of inaccuracy, omission, desuetude or otherwise. Unless otherwise prescribed by federal law, the Customer's sole remedy in the event of any such error is to return the product as set forth in the return conditions stated above.
7. GENERAL PROVISIONS
If certain provisions of these Terms of Sale for Services are declared void or partially invalid, the other clauses shall remain unaltered in their force and effect. The invalid provisions are replaced by the applicable legal provisions as provided by the Breitling Conditions of Sale.
Your order, our order confirmation and these Terms of Sale for Services are the complete agreement between you and us in relation to the order of Breitling Services and replace and override any verbal or written previous representations, warranties, conditions, undertakings or agreements, except as otherwise required by law
By sending the order, you confirm that you have read, understood and accept this Terms of Sale for Services.
The waiver by us of a breach of any provision of these Terms of Sale for Services will not operate and/or be interpreted as a waiver of any other or subsequent breach.
This contract is between us and you. No other person shall have any rights to enforce any of its terms. However, if you purchase a product as a gift, the recipient of your gift will have the benefit of the applicable international warranty.
8. APPLICABLE LAW AND JURISDICTION
These Terms of Sale shall be interpreted in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein without regard to its conflict of laws provisions or choice of law rules. These Terms of Sale shall not be subject to the United Nations Convention on Contracts for the International Sale of Goods.
To the maximum extent permissible by applicable laws, any claim, dispute, or controversy (whether in contract, tort or otherwise, whether pre-existing, present or future, and including, but not limited to, statutory, common law, intentional tort and equitable claims) arising from or relating to the Breitling Services, the interpretation or application of these Terms of Sale or the breach, termination or validity thereof, and/or the relationships which result from these Terms of Sale (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories hereto) (collectively, a "Claim") WILL BE RESOLVED, UPON THE ELECTION OF BREITLING, EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION. Arbitration is a process established by law that allows parties to a transaction to agree to resolve their disputes by an independent arbitrator, rather than by a judge and jury.. If arbitration is not chosen, the Claim shall be submitted to the exclusive jurisdiction of the provincial courts in the Province of Ontario, City of Toronto.. Further, to the maximum extent permitted by applicable law, Customer will not have the right to participate as a representative or member of any class of claimants pertaining to any Claim. Notwithstanding any choice of law provision included in these Terms of Sale, this arbitration agreement is subject to the Arbitration Act, 1991 (Ontario)except as where the Arbitration Act conflicts with this section, in which case this section shall govern. The arbitration will take place exclusively in the City of Toronto in the Province of Ontario. Any court having jurisdiction may enter judgment on the award rendered by the arbitrator(s). To the maximum extent permitted by applicable law, each party involved will bear its own cost of any legal representation, discovery or research required to complete arbitration. The existence or results of any arbitration will be treated as confidential.
Notwithstanding anything to the contrary contained herein, all matters pertaining to the collection of amounts due to Breitling for the sale of Breitling Services will be exclusively litigated in court rather than through arbitration.
In the event of any Claim, the prevailing party shall be entitled to additionally recover reasonable legal expenses and costs, including lawyer’s fees, from the other party.
Last Revised: 9th of March 2021
ONLINE CUSTOMER SERVICE GENERAL TERMS AND CONDITIONS
The following Customer Service General Terms and Conditions (Terms) apply to repair and service request made Online. Please read these Terms carefully and make sure you understand them before submitting your online service request.
Scope of application
These Terms of Breitling SA are common to all authorized Breitling Service Centers (Breitling Centers) and apply to all repairs and maintenance services (Service) carried out by them on any Breitling watch (Product) belonging to a third party (Customer).
Service request
The Service request may be filled-in directly by the Customer through the Online form (Service Request) accessible on Breitling website www.breitling.com).
After having filed in the Service Request, the Customer receives by Email a confirmation of his Service Request (Confirmation).
The Customer further receives by Email a Service reference number, as well as login details in order to have online access to the status of his Service request (Service Status Account). Approximate delivery time, and other information, will be available on his Service Status Account, accessible at the following address: https://www.breitling.com/us-en/service/consult/login/.
Process and timeframe
The Customer shall send his Product to Breitling Center, which will examine it and prepare a Service cost estimate (Estimate).
The Estimate shall be approved in writing by the Customer and Breitling Center will only start proceeding to the Service after having received advanced payment of the Service.
When the Service falls within the coverage of the International Warranty, no Estimate is issued, except for specific optional aesthetic services requested. The Customer is informed about the start of the performance of the Service.
Breitling Center will endeavour to complete the Service within a reasonable timeframe. However, any dates quoted by Breitling Center for completion of the Service are approximate only and Breitling Center shall not be liable for any loss or damage whatsoever resulting from failure to meet such dates.
Delivery of the Product
Within the Confirmation Email, the Customer receives detailed information describing how to send the Product to Breitling Center.
The Product may be sent by post in the Breitling Box and packaging delivered to the Customer by Breitling Center, which may in some countries be prepaid.
In countries where prepaid Breitling Box and packaging is not available, or if the Customer do not use the prepaid Box and packaging, the delivery risks and costs will be borne by the Customer.
Cost Estimate
After reception of the Product, Breitling Center will send an Estimate to the Customer by Email, within a reasonable timeframe. This Estimate will also be accessible to the Customer in his Customer Service Status Account.
The Estimate describes the state of the Product and lists the nature of the mandatory and optional repair Services, specifying, when necessary, the Product components and parts that need to be replaced or repaired
The Estimate remains valid for thirty (30) days from the date of it issuance and shall be expressly approved by the Customer.
The Estimate is free of charge.
The cost of the Estimate will be charged to the Customer only when the Estimate is rejected, or the Service Request withdrawn, and the Product returned to the Customer without Service.
Modification of the Estimate
If Breitling Center discovers during the Service, that additional operations not included in the initial Estimate are necessary in order to maintain the functionality, integrity or the water resistance of the Product, Breitling Center will promptly inform the Customer.
Before continuing any Service, Breitling Center will send an updated Estimate to the Customer and require his express approval.
Acceptance of the Estimate by the Consumer
Once the Customer has expressly accepted the Estimate and paid the full amount, Breitling Center will carry out the Service with all reasonable endeavours.
The Customer keeps the possibility to extend his/her consent to optional Services, initially not accepted by him/her, if such acceptance is communicated in writing to Breitling Center before the beginning of the Service.
Rejection of the Estimate by the Consumer
After expiration of the validity of the Estimate, or when the Customer rejects the Estimate, the Product will be returned to the Customer in its initial condition as it has been delivered by him/her to Breitling Center, only after payment of the cost of the Estimate.
Service request under International Warranty
Upon express Customer request, the Service may be covered under the terms of the International Warranty provided by Breitling SA as described at https://www.breitling.com/us-en/service/international-warranty/.
When the Customer requires Breitling Center to repair the Product under the terms of the International Warranty, he must provide the necessary evidence showing that the required Service falls within the conditions of the International Warranty. If the Customer fails to provide such evidence, Breitling Center will be entitled to charge the Customer for the Service, like for any Service not covered by the International Warranty.
When Breitling Center considers that the Service are covered by the International Warranty, and that all conditions are fulfilled, the customer is informed accordingly, and about the imminent start of the Service.
If, during the Service, Breitling Center notices that a ground of International warranty exclusion exists, it will immediately interrupt the Service. Before continuing any Service, Breitling Center will send an Estimate to the Customer and require his express acceptance before continuing any Service.
In case of rejection of the Estimate by the Customer, Breitling Center reserves the right to charge the Customer for any Service performed so far, along with any possible costs for preparing the Estimate, for the packaging, transporting and insurance, as a reasonable compensation for Breitling Center. The Product will be returned to Customer in its initial condition as it has been delivered by him/her to Breitling Center, only after payment of the above-mentioned costs.
Specific rules applying to the Breitling EMERGENCY watch models are reserved.
Right of withdrawal
When applicable in accordance to the Directive 2011/83/EU on consumer rights applies, the Customer has the right to withdraw his Estimate acceptance and cancel his Service Request by giving written notice to Breitling Center in writing within 14 days from the Customer’s acceptance date of the Estimate.
Breitling Center will not start proceeding with the Service of the Product before the expiration of this 14 days period, unless the Customer has expressly requested the immediate execution of the Service during the withdrawal period and has acknowledged that he will consequently lose the right to withdraw from the Service.
The Customer wanting that Breitling Center begins the Service of the Product immediately after acceptation of the Estimate must actively request it.
In case of immediate execution request, the Customer acknowledges that he irrevocably renounces to his right of withdrawal and ceases to have the right to cancel the Service, which will be completed.
No right of withdrawal may anymore be exercised after the 14 days period has elapsed.
Detailed information and documents about how to exercise the right of withdrawal is available under the following link: Privacy policy | Breitling
In case of valid exercise of the right of withdrawal by the Customer, Breitling Center will refund the price paid for the Service and return the Product. Any Service performed until reception of the withdrawal will be invoiced to the Customer, along with any possible costs for preparing the Estimate, packaging, transporting and insurance, as a reasonable compensation for Breitling Center.
Price and payment
Maximum prices of the Services are available on Breitling website https://www.breitling.com/us-en/service/all-prices/. Where applicable, the prices, which may include VAT, postage and packaging, are provided for information purpose only.
The price communicated to the Customer in the Estimate constitutes the total price, including all additional applicable costs and taxes. No additional cost is charged in relation to the payment means available to the Customer.
The price of the Service must be paid after acceptance of the Estimate, before the performance of the Service.
Payment details and modalities are expressly stated on the Estimate.
Payment may be made by credit card. The Customer acknowledges that payments made by credit card may be processed by a third party service provider or Breitling and warrants that he has appropriate authority to use the payment card details as provided.
Breitling Center reserves the right to modify the price of the Service from time to time. After express acceptance of the Estimate, and subject to specific circumstances as set out in article 6, Breitling Center will not carry out the Service at a modified price.
Reception of the Product
Breitling Center reserves the right to send the Product to Breitling SA, 2540 Grenchen, Switzerland, when it considers necessary, in particular for the preparation of the Estimate, in case of doubt about the authenticity of the Product or uncertainty about the identification of a vintage Product.
Standard of Service
If Breitling Center considers that it is able to service the Product, it will do it to Breitling S.A.’s specifications.
Breitling Center shall decide at its sole discretion the nature and method of Service as it deems appropriate to achieve full functionality, integrity and water resistance of the Product according to Breitling’s quality standards.
When original components are no longer available, or in case of impossibility to restore a vintage Product, Breitling Center will not be able to proceed to the Service. In such cases, Breitling will propose at its sole discretion a commercial offer for a new Product.
If the Customer accepts the offer, Breitling Center will return the original Product. Breitling Center will engrave a specific marking on the Product, on inner components and parts, for tracking purposes.
Breitling Center will seek for the authorisation of the Customer before proceeding to any replacement of major component or part of vintage watches, like glass, dial, watchcase, balance wheel, which may affect its vintage character.
Replacement of components and parts
The components and parts of a watch movement replaced during a Service are included in the price of the Service as long as the replacement of these components is considered usual and standard for the Service.
In all other cases, including cases where the Product has suffered of impact or other damage requiring the replacement of certain components or parts before their usual replacement date, Breitling Center will send an updated Estimate to the Consumer and request his/her express approval.
By accepting the Estimate, the Customer agrees that any components and parts exchanged, except for the straps and bracelets, become ownership of Breitling Center upon the replacement date.
Force majeure
If, despite reasonable efforts, Breitling Center cannot complete the Service due to a force majeure event, the completion of the Service will be interrupted and delayed depending on the nature and scale of the event. Force majeure includes, without limitation, natural phenomena, conflicts, strikes, attacks, unforeseen official restrictions and any other events beyond the control of Breitling Center. If any force majeure event delays or prevents the completion of the Service for a continuous period of six (6) months the Customer can send a written notification to Breitling Center requesting the return of the Product.
Any Service performed until the interruption will be invoiced to the Customer, along with any possible costs for packaging, transporting and insurance, as a reasonable compensation for Breitling Center. No cost for work not undertaken will be charged to the Customer.
Return of the Product after completion of the Service
The Product will be returned in a protected packaging to the delivery address specified by the Customer on the Service Request form. The method of packing and despatching of the Product shall be at Breitling Center’s sole discretion.
An email notification will be sent to the Customer on the day that the Product will be despatched.
If the Customer notices that the packaging is damaged, he/she shall take a picture of the packaging and promptly inform Breitling Center and the carrier in writing of such damage within three (3) days as of the day on which the Product was returned.
Delay in collecting Product
The Customer shall collect the Product within a maximum of 5 years following the date of availability of the serviced Product. Failing that, and after reasonable and repeated attempts of the Breitling Center to send the Product and/or contact the Customer, based on contact information provided by him on the Service Request or on his Service Status Account, the Customer expressly allows the Breitling Center to dispose of the Product at its sole discretion.
Service Warranty
The following warranty clauses do not apply to the limited service consisting of the battery change and other on-demand Services. Any warranty related to the water resistance or the proper functioning of the Product is expressly excluded.
Any work carried out during the Service is covered by a service warranty of one (1) year, from the date of the Service as stated on the invoice.
The Customer shall carefully examine the Product and inform Breitling Center in writing, within five (5) working days upon receipt of the Product after completion of the Service and inform in writing the Breitling Center without delay of any apparent defects that may be promptly detected. Failing that, the Product shall be deemed accepted in good condition by the Customer and Breitling Center will be released from all and any claim or liability, unless it relates to a defect, which could not have been reasonably noticed promptly. Any longer deadline foreseen by local applicable law are reserved.
The service warranty does not cover: wear and tear from normal use and ageing of the Product/ theft/ loss/ damage caused by natural disasters/ damage caused by accident like a shock, blow or, crushing/ damage resulting from mistreatment or improper use/ damage resulting from alteration of the Product by any party whatsoever other than an authorized Breitling Center. Water resistance problems and their consequences if the services, including water resistance testing & maintenance, have not been performed every two years.
The Service warranty is granted in addition to any other legal rights you could have based on the relevant national legislation and does not interfere with such rights.
The Service warranty is independent of and does not affect Breitling international warranty given with your purchase.
Counterfeit Products
If the first examination of the Product handed over and entrusted reveals that one or several components or parts of it are counterfeit, Breitling reserves the right to refuse to perform any Service on the Product, and will inform the Customer accordingly.
If the first examination of the Product reveals that the Product, or a part or component thereof,
is counterfeit, the Breitling Center may proceed to detailed examination of the counterfeit Product and investigate on its origin and commercialization channel. Breitling Center may seek assistance of the Customer, who agrees to collaborate, and ask him for any pertinent information.
By delivering the Product to Breitling points of sales or Breitling Center, the Customer expressly agrees to assign the Product for free to Breitling Center for destruction in the event that the examination of the Product reveals that it is a counterfeit or that it contains major counterfeit components or parts..
In case of minor counterfeit components or parts, Breitling Center may, at its sole discretion, propose their replacement to Customer. An Estimate is sent to Customer for approval. In case of refusal, Breitling Center reserves the right to refuse to proceed to any Service to the Product.
Upon request, Breitling Center will provide the Customer with a document confirming the counterfeit character of the Product, and will provide assistance to the Customer, should the latter decide to launch legal action against the seller.
Modified Products
When a Product shows original components or parts whose appearance or function has been modified, or which are not original, Breitling Center reserves the right to refuse, at its sole discretion to proceed to any Service to the modified Product.
At its sole discretion, Breitling Center may accept to perform the Service of a modified Product. Breitling Center will provide the Customer with an Estimate taking into account the work and components required to return the Product to its original appearance and function.
Stolen Product
If the Product has previously been reported, and is listed as stolen in Breitling database, Breitling Center reserves the right to inform the relevant authorities. The Customer agree that Breitling Center may, on request or at its sole discretion, provide the authority with the contact details of the Customer.
Breitling Center will not proceed with the Service on the stolen Product until the ownership is determined.
Breitling Center will keep the Product in custody until the ownership is determined. Only the authorities have the right to determine the legal ownership of the Product. Upon request, Breitling Center may deliver the Product to the investigating authority.
Personal data protection
Your personal data will be collected, processed and used in accordance with our Privacy Policy (Privacy policy | Breitling).
Liability
Nothing in these Terms shall limit or exclude Breitling Center’s liability for death or personal injury caused by its negligence, fraud or fraudulent misrepresentation.
Breitling Center shall under no circumstances whatsoever be liable to Customer whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit or any indirect loss or any loss or damage that is not foreseeable arising under or in connection with these Terms.
Breitling Center’s total liability to Customer in respect of all other losses arising under or in connection with these Terms shall be limited to an amount equal to Breitling’s then recommended retail price of a replacement of the Product. In the event that Breitling no longer manufactures and sells a product which is identical to the Product, Breitling Center’s liability will be limited to Breitling’s then recommended retail price of the nearest model equivalent to the Product in the current range. In such circumstances, Breitling Center reserves the right to satisfy, at its sole discretion, its liability by providing the Customer with a replacement of the Product or the nearest model equivalent to the Product.
Miscellaneous
Breitling Center may transfer its rights and obligations under these Terms to another organisation, but this will not affect the Customer rights or Breitling Center’s obligations under these Terms. The Customer may only transfer his rights and obligation to another person under these Terms with prior written approval from Breitling Center.
These Terms, along with the Service Request and the Estimate, constitute the entire agreement between Breitling Center and the Customer in respect of the Service, and supersede any prior written or oral agreements, representations or understandings between Breitling Center and the Customer. The parties confirm that they have not entered into the agreement based on any representation or undertaking that is not expressly incorporated into the Services Request, the Estimate or these Terms.
If any provision of these Terms is held to be invalid, illegal or unenforceable, it shall be deemed amended to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision shall be deemed deleted. Any modification to or deletion of a provision under this clause shall not affect the validity and enforceability of the rest of the Terms.
Breitling Center reserves the right to amend these Terms from time to time. Any amendment of these Terms shall be made in writing. The Customer agrees that the Terms in force at the time of receipt of his Service Request by Breitling Center apply to the provision of the Service.
Applicable law
These Terms and the relationship between Breitling Center and the Customer are governed by and construed in accordance with the law of the country where the registered office of Breitling Center in charge of the Service is located, excluding the rules on conflict of laws, provided that such election of law is not excluded by the national law of the domicile of the Customer.
This shall not deprive the Customer of the protection afforded to him/her by mandatory provisions of the law of his/her domicile that may be more favourable to Customer.
Jurisdiction
Any dispute arising out of or in connection with these Terms, including any question regarding their interpretation, existence or validity, shall be submitted to the exclusive jurisdiction of the competent courts where the registered office of Breitling Center in charge of the Service is located. This shall not deprive the Customer from the protection afforded to him/her by such mandatory provisions of the law applicable that cannot be derogated from by contract.
Updated in November 2023