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Terms Conditions Of Sale For Additional Services
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Conditions of Sale

Additional Services

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 consumer, (also referred to as the “Customer(s)”) may order from Breitling USA, Inc., a corporation organized under the laws of Connecticut (referred to as “us”, “our”, “we” or “Breitling”) on the Internet via Breitling's website, under the URL “https://www.breitling.com” (“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, thorough the Concierge Service, to natural persons residing in the continental United States of America, Alaska, Hawaii, or in the U.S. territories such as Puerto Rico or the District of Columbia (the “Territory of the USA”).
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 the 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 (eighteen years old in most States), (b) have legal capacity to enter into contracts and (c) reside in the Territory of the USA, if not limited to certain territories and/or states for a certain service in one of the subsections of section 3 of this Terms. 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 re-sale, other 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 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 at https://www.breitling.com/zz-zz/service/ 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 discretion.

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 requesting you to confirm the details of your order. Once you have confirmed, your order will be finalized.

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 service and product availability, Breitling will send the Customer by email a written order confirmation within two 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 Customer for a duration as set out in the specific service information and/or service description, provide 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 Breitling International Manufacture Movement Warranty on https://www.breitling.com/us-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/zz-zz/service/warranties/.

In order to be able to purchase Breitling Warranty Extension, you will need to sign up for “My Account” on https://www.breitling.com/zz-zz/my-account/sign-in/(“Breitling Account). If you don’t have a Breitling Account yet, you can sign up on https://www.breitling.com/zz-zz/my-account/login/. 

Breitling Warranty Extension is an additional service which Breitling is offering to Customers residing in the Territory of the USA.

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 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 #BreitlingService which you can find here: https://www.breitling.com/us-en/service/insurance/.

3.3 “ESTIMATE MY WATCH”- SERVICE FOR YOUR BREITLING PRODUCT

In several countries, including the United States, Breitling is pleased to offer to you the option to have Breitling estimate the value of your Breitling watch and/or chronograph free of charge. 

To get the “Estimate My Watch” Service, you need to sign up for an account through “My Account” on http://www.breitling.com/*/ (“Breitling Account). If you do not have a Breitling Account, you can sign up here.  

Please note that to access the “Estimate My Watch” Service, you must own the Digital Passport (NFT) of your Breitling watch and/or chronograph and must register your Digital Passport (NFT) in your Breitling Account. If you do not own the Digital Passport (NFT) of your Breitling watch and/or chronograph yet or do not know how to proceed to register your Digital Passport (NFT) in your Breitling Account, you can find more information here or contact us. 

You must register your Breitling watch and/or chronograph and correctly describe the condition of your Breitling watch and/or chronograph by filling out the questionnaire that we provide. This information is essential for us to provide the “Estimate My Watch” service, as the information reflects the characteristics of the Breitling watch and/or chronograph, which determines the market value of your Breitling watch and/or chronograph. You hereby give us your consent to share the information that you provide to us with specialised third party companies that we involve in the estimation process. Our use of any personal data that you provide to us is subject to our privacy policy. To learn more about our data privacy policy please click here. The estimated value of your Breitling watch and/or chronograph will be displayed to you directly in your account, following the process of the “Estimate My Watch” Service. [You must log into your account in order to see the estimated value.] 

The “Estimate My Watch”-Service is a free of charge service, which you can only use for original Breitling watches and/or chronographs. Watches and chronographs that have a missing, incomplete or illegible serial number or a missing or incomplete CE-mark are excluded from and are ineligible for the “Estimate My Watch” Service. Similarly, counterfeit products or watches/chronographs (or parts thereof) that have been altered are excluded from and are ineligible for the “Estimate My Watch” Service. 

The “Estimate My Watch”-Service is only available for such quantities of Breitling watches and/or chronographs that are customary in the trade for private customers. We reserve the right to refuse the “Estimate My Watch” Service in individual cases without giving any reasons, including, without limitation, if the “Estimate My Watch” Service is used more than once for the same Breitling watch and/or chronograph, and we reserve the right to request suitable proof of origin of the watch or chronograph (e.g. original invoice(s), self-disclosure of origin) before we provide an estimate. 

Please note that Breitling’s estimation of the value of your Breitling watch and/or chronograph is as of the date of the estimation and is solely based on the information you provide. Breitling does not warrant that the estimation is accurate and you rely on the estimation at your own risk. The estimation may be higher or lower than the actual value of your Breitling watch and/or chronograph on the open market and Breitling makes no warranties of any kind with respect to the estimation. 

  Breitling is only liable for damages you incur as a direct result of our failure to provide the “Estimate My Watch” service for eligible and qualified watches and/or chronographs, and such failure is not within the scope of Breitling’s right to refuse to provide the service.  

This means, we will not be liable for any: 

  • indirect loss or indirect damage 

  • damage caused by a third party  

  • damage resulting from an external event with no operational connection with Breitling or damage that Breitling cannot prevent by the utmost care that can be reasonably expected 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BREITLING BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, (LOSS IN EARNINGS, PROFITS, USE, BUSINESS LOSS OR OTHER ECONOMIC ADVANTAGE HOWEVER ARISING, INCLUDING LOSSES AND CLAIMS FOR DAMAGES, EVEN IF ADVISED ABOUT SUCH LOSSES. THE LIMITATIONS ON LIABILITY SET FORTH IN THIS SECTION SHALL APPLY WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY IN THESE TERMS OF SALE FOR SERVICES.
NOTHING IN THIS CLAUSE 3.3 EXCLUDES OR LIMITS EITHER PARTY'S (i) LIABILITY FOR DEATH OR PERSONAL INJURY, (ii) FOR FRAUD, OR (iii) FOR DAMAGES CAUSED (a) DELIBERATELY, (b) BY GROSS NEGLIGENCE, OR (c) IN RELATION TO THE BREACH OF A MATERIAL CONTRACTUAL OBLIGATION BY SLIGHT NEGLIGENCE, WHEREBY THE LIABILITY IN SUCH CASES IS LIMITED TO THE EXTENT THAT THE DAMAGE IS TYPICAL TO THE CONTRACT AND WAS FORESEEABLE. 

3.4. “TRADE MY WATCH”-SERVICE FOR YOUR BREITLING PRODUCT

3.4.1. Service description and registration

In several countries, Breitling is pleased to offer to you the option to publish, free of charge, your Breitling watch and/or chronograph with text/photos for private sale to other users on http://www.breitling.com/* through the “Trade My Watch” – Service, as well as view and purchase offers from other users. “Trade My Watch” also enables the exchange of electronic messages between sellers and buyers, providing a means for them to negotiate the price and agree on the terms and the mode of payment.

Please note that Breitling itself does not sell through the “Trade My Watch” - Service and is not involved in the negotiation and the actual sale between two users. Breitling is not a party to contracts for sale, which are directly between sellers and buyers, and any issues you (as a buyer or seller) may have with another user (a seller or buyer) must be resolved directly with the other user, not Breitling. Breitling does not provide any payment services or verify the identity of users. Breitling has no control over and does not guarantee: the truth or accuracy of users’ (including sellers’) content or listings; the ability of sellers to sell watches and/or chronographs or other items; the ability of buyers to pay for watches and/or chronographs or other items; or that a seller or buyer will actually complete a transaction. Further, Breitling is not responsible for providing any refunds.

To the extent you are a seller, Breitling may publish your offer on http://www.breitling.com/*/ and e.g. by including your offer or excerpts thereof on other websites, within mobile applications, in emails, in print, radio and television marketing campaigns or in other media. As far as this is necessary for the conversion into file formats suitable for the “Trade My Watch” - Service, Breitling will convert your offer into formats for use in mobile applications and websites. Breitling may also provide third parties with access to the data, information and content published through the “Trade My Watch” - Service to support these activities. You hereby give your consent for the aforementioned use of the data provided by you for the purpose of advertising and increasing the reach of the “Trade My Watch” - Service. This also applies to translations for integrating the offers into foreign language listings. To learn more about our data privacy policy please click here. 

Once your offer is published on http://www.breitling.com/*/ it will be up to the users to get in contact. Any contract of sale of your Breitling watch and/or chronograph and its terms and conditions (e.g. the final sales price, payment method, shipment) are subject to your negotiation with the buyer alone and for which Breitling assumes no responsibility.

The selling price of the watch is freely defined by you, in compliance with the laws and regulations in force. This price must be mentioned by you with all taxes and costs included (notably VAT, import VAT, packaging costs, and delivery costs). You are solely responsible for the estimation of the price, the transaction, and for the delivery of the watch.

In addition, our general terms of use for your Breitling Account apply which you can find here. 

3.4.2. Requirements for the “Trade My Watch”-Service

To get the “Trade My Watch” - Service, you need to sign up for “My Account” on http://www.breitling.com/*/ (“Breitling Account”). If you do not have a Breitling Account, you can sign up here, provide the necessary information and complete the account registration process.

Please note that to access the “Trade My Watch” Service, you must own the Digital Passport (NFT) of your Breitling watch and/or chronograph and must register your Digital Passport (NFT) in  your Breitling Account. If you do not own the Digital Passport (NFT) of your Breitling watch and/or chronograph yet or do not know how to proceed to register your Digital Passport (NFT) in your Breitling Account, you can find more information here or contact us. 

Please note that the “Trade My Watch” - Service is solely available to natural persons of legal age and for quantities of Breitling watches and/or chronographs customary in the trade for private customers. The “Trade My Watch” - Service is not available for commercial users or professional sellers.

As a seller, to create an offer you have to register and correctly describe the condition of your Breitling watch and/or chronograph which you want to offer for sale. We provide a corresponding form. Please note that your offer will be published together with your username of your Breitling Account. However, you can also choose in the form for the creation of the offer another name.

You can cancel the process at any time before submitting the form by closing the browser window or application. You have the possibility to check the content of your drafted offer for sale with a preview function before submitting the form and to amend it if necessary. Breitling can accept your offer by separate communication or by publishing your offer for sale on http://www.breitling.com/*/. However, Breitling reserves the right to refuse or remove the offer in individual cases, in particular if there is a suspicion of commercial or fraudulent activity, or any other actions that violate these Service Terms. The data of your offer for sale will be stored electronically. You can manage your offer for sale through your Breitling Account, e.g., to delete the offer for sale at any time. You may retrieve the terms and conditions of use on which the “Trade My Watch” - Service is based on at any time via our website http://www.breitling.com/*/ and subsequently save them in a reproducible form.

Offers for sale are only allowed for original Breitling watches and/or chronographs sold by non-professional sellers. Watches and chronographs are not eligible for the “Trade My Watch” - Service if they have a missing, incomplete, or illegible serial number, or a missing or incomplete CE-mark. The same applies to counterfeit products or if alterations have been made to the offered watch/chronograph or parts thereof.

3.4.3. Content requirement for seller’s offers

You have to describe your Breitling watch and/or chronograph accurately and with all relevant features and characteristics in words and, if possible, with photos to which you must hold all rights. We reserve the right in individual cases to request suitable proof of origin of the watch or chronograph offered (e.g. original invoice(s), self-disclosure of origin).

The publishing of offers, texts, images or other content that violate legal provisions, these Service Terms, the rights of third parties, or morality, or any legal standard, is prohibited. In particular, it is prohibited to publish any content that violates copyright, trademark and competition laws, legal regulations for the protection of minors or that contain untrue statements or is otherwise misleading.

You shall not sell a watch if it breaches legislative, regulatory, or contractual provisions.

Furthermore, you have to refrain from all actions that could endanger the safe operation of the “Trade My Watch” - Service or harass other users or that otherwise go beyond the purposes of the “Trade My Watch” - Service. In particular, it is prohibited:

  • to send e-mail advertisements, SMS advertisements, chain letters or other harassing content to other users; 

  • to reproduce, publicly display, distribute, edit or otherwise use “Trade My Watch” Service content in a manner that exceeds the intended use without the prior written consent of Breitling; 

  • to reproduce, publicly display, distribute, edit or otherwise use the offers or other content of third parties without their prior consent in a manner that exceeds the intended use of the “Trade My Watch” Service; 

  • to send viruses or other technologies that could damage the “Trade My Watch” Service or the interests or property of other users; 

  • to expose the infrastructure of the “Trade My Watch” Service to undue stress or otherwise interfere with or threaten the functioning of the “Trade My Watch” Service; 

  • to collect or use information, including but not limited to email addresses or phone numbers, about other users without the users' prior consent; 

  • to use crawlers, spiders, scrapers or other automated mechanisms to access the “Trade My Watch” Service and collect content without our express written consent; or

  • to circumvent measures designed to prevent or restrict access to the “Trade My Watch” Service. 

Please note that you have to save and archive all data and information within the “Trade My Watch” Service that you currently need or might need for purposes of preservation of evidence, accounting or for other purposes, on you own storage medium. 

You undertake to keep these data and information that You would have been communicated strictly confidential, except in case where disclosure is required by law, by any court of competent jurisdiction, or by any official regulatory body. 

3.4.4. Content moderation

Uploading, posting, or transmitting any content or information on the “Trade My Watch” - Service that is illegal, inappropriate, offensive, or violates these Service Terms is strictly prohibited for users. Breitling reserves the right to evaluate, monitor, and, if necessary, remove or suspend any content that breaches the outlined requirements in section 3.4.3 or any other provision in these Service Terms or legal standards. Violations may also lead to the suspension or termination of your Breitling Account.

Breitling offers users, including designated trusted flaggers under the Digital Services Act, a way to report any content or behavior believed to be illegal, inappropriate, or in violation of these Service Terms. A 'report' button is featured on each listing page of the “Trade My Watch” - Service, directing users to an online form where they can submit notices reporting violations. We strongly encourage users to use this online form for content report notices, helping us maintain a safe environment.

Breitling takes these reports seriously, conducting prompt reviews and ensuring a swift, appropriate response. If your notice contains your electronic contact details, we will confirm receipt through a confirmation email. Following our review, we will promptly communicate our decision to you and provide available options for resolution or redress. In the case of content removal, account suspension, or termination, the affected user will also be notified by email, including information and available options for redress, unless compelling reasons dictate otherwise.

If content removal or information is requested by government authorities within the European Union, we will assess the situation and take necessary actions in compliance with our Service Terms and applicable laws. Following this, we will communicate our actions to you as appropriate.

We also reserve the right not to publish offers for sale if there are indications that the offered watch and/or chronograph is not for sale or is otherwise offered in an illegal manner, if there are indications that the offer is intended to be or was placed for abusive purposes or if it violates these Service Terms. In such cases, we will notify you using the email address provided in your Breitling Account. If you have been permanently excluded from using the “Trade My Watch” - Service or if the user agreement has been terminated, you may no longer use the “Trade My Watch” - Service even with other user accounts, including such user accounts that have been created for third parties, and may not sign up again for registration with the “Trade My Watch” - Service. We reserve the right to restrict or terminate the “Trade My Watch” - Service in whole or in part, as well as to delay the publication of offers or other content of users, e.g. if this is necessary with regard to capacity limitations, the security or integrity of the servers or for the implementation of technical measures, or if this serves the proper or improved provision of the services (maintenance work).

3.4.5. Your liability

You shall indemnify Breitling against all claims asserted against Breitling by other users or other third parties due to an infringement of their rights by your offer for sale (if applicable) and other content posted by you in the “Trade My Watch” Service or due to your sale (as applicable) of a watch and/or chronograph, your breach of these Terms of Sale for Services, or your use of the “Trade My Watch” Service. In this case, you shall bear the costs of the necessary legal defence of Breitling including all court and attorney fees in the statutory amount. The claim for indemnification does not apply if you are not responsible for the infringement. 

In case of a claim by a third party, you are obliged to provide us immediately, truthfully and completely with all information necessary for the examination of the claims and for a defence. 

Any liability of you beyond these Terms of Sale for Services remains unaffected. 

3.4.6 Breitling’s liability

The offers for sale and other content published by users through the “Trade My Watch” Service do not reflect the opinion of Breitling and are not reviewed by Breitling for their legality, accuracy or completeness. Whether you are using the “Trade My Watch” Service as a seller or as a purchaser you understand that we do not guarantee, and are not responsible or liable for, the accuracy or completeness of the information contained in the offers for sale, or for the existence, quality, safety or legality of the watches and/or chronographs offered by users. 

You agree that you are using the “Trade My Watch” Service at your own risk, and that the “Trade My Watch” Service is being provided to you on an “AS IS” and “AS AVAILABLE” basis.

Breitling is only liable for damages you incur as a direct result of a failure on our behalf.

This means, we will not be liable for any: 

  • indirect loss or indirect damage 

  • damage caused by a third party  

  • damage resulting from an external event with no operational connection with Breitling or damage that Breitling cannot prevent by the utmost care that can be reasonably expected 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BREITLING BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOSS IN EARNINGS, PROFITS, USE, BUSINESS LOSS OR OTHER ECONOMIC ADVANTAGE HOWEVER ARISING, INCLUDING LOSSES AND CLAIMS FOR DAMAGES, EVEN IF ADVISED ABOUT SUCH LOSSES. THE LIMITATIONS ON LIABILITY SET FORTH IN THIS SECTION SHALL APPLY WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY IN THESE TERMS OF SALE FOR SERVICES NOTHING IN THIS CLAUSE 3.4 EXCLUDES OR LIMITS EITHER PARTY'S (i) LIABILITY FOR DEATH OR PERSONAL INJURY, (ii) FOR FRAUD, OR (iii) FOR DAMAGES CAUSED (a) DELIBERATELY, (b) BY GROSS NEGLIGENCE, OR (c) IN RELATION TO THE BREACH OF A MATERIAL CONTRACTUAL OBLIGATION BY SLIGHT NEGLIGENCE, WHEREBY THE LIABILITY IN SUCH CASES IS LIMITED TO THE EXTENT THAT THE DAMAGE IS TYPICAL TO THE CONTRACT AND WAS FORESEEABLE.

Furthermore, Breitling shall not be held liable for content made available on the Website by buyers or sellers, in particular with regard to the description of watches and/or chronographs or the assessments that buyers make, unless it does not promptly render such content inaccessible after being informed of its illegality in accordance with the conditions provided for by applicable law. 

3.4.7. Termination of use of the “Trade My Watch”-Service

You may delete your offer for sale at any time through your Breitling Account or terminate further use of the “Trade My Watch” Service at any time by providing written notice to Breitling without any notice period. For this purpose, please send a notice of termination by e-mail to info.us@breitling.com or by mail to: Breitling USA Inc, 206 Danbury Road, Wilton, CT 06897, United States of America.

We may terminate the “Trade My Watch” Service with you at any time by providing written notice to you (e.g. by email) with a notice period of thirty (30) days. If we have terminated the “Trade My Watch” Service, then you are not allowed to try to conclude a new “Trade My Watch” Service after receipt of the notice of termination. The termination period of thirty (30) days does not apply if the termination is due to mandatory legal provisions or official orders. We will give you separate reasons for this termination, unless there are compelling reasons to the contrary. Breitling’s right to delete individual offers for sale, to block users and to carry out other measures according to clause 3.4.4., as well as the right to terminate the “Trade My Watch” Service without notice for cause, all remain unaffected. 

With the termination of the “Trade My Watch” Service, all running offers for sale will be removed. All stored data of your offer for sale will be deleted no later than six months after termination of the “Trade My Watch” Service. This does not apply, however, to data that Breitling is legally obliged to store or has a legitimate interest in storing, e.g. to prevent re-registration after a justified blocking. Aggregated data generated by the use of the “Trade My Watch” Service can generally continue to be stored after the end of the “Trade My Watch” Service. 

3.4.8 Extract from the archive

You have the option to purchase archive extracts from our archives. To request this, please visit Breitling Archives page https://www.breitling.com/zz-zz/archives/ and complete the online form. You will be requested to provide the following information:

  • Watch model reference;

  • Watch serial number;

  • Your contact details; and

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

If any information is incomplete, unclear or inaccurate, we may request additional details from you. If these details are not provided or if we lack the required information in our archives to produce the extract, we may cancel your request. In such cases, we will notify you via the email address listed in your online form. If the request is accepted, you will receive a confirmation email. This email will contain details about your order, a payment link for the archive extract and the payment deadline. You can complete your payment using the options available, which may include credit/debit cards, bank transfer or other supported methods as specified in the email or payment link.

Once payment is confirmed, we will prepare and send the archive extract in PDF format to the email address you provided. Delivery times may vary, but we will aim to provide the extract promptly.

Please note that an archive extract does not constitute proof of authenticity of the Breitling Product referenced nor proof of ownership by you or any other person.

Where the right of withdrawal is applicable, it does not extend to custom-made or personalized orders, such as Breitling’s archive extracts. Therefore, once the order is confirmed, note that you cannot withdraw from the contract and return the extract for exchange or refund, as described in these Service Terms.

4. PAYMENT

4.1. INFORMATION ABOUT PRICES, TAX AND DELIVERY COSTS

Breitling reserves the right to change or 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 Value Added Tax 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

You have the statutory right to cancel a contract for Breitling Services, which is concluded online or by phone, within fourteen (14) days after the date on which the contract is concluded, for your convenience (right of withdrawal). However, this right does not apply to certain Services, including custom or personalized orders or those that are fully performed and begin performance with the Customer’s prior express consent. Such Services shall be excluded from the statutory right of withdrawal. Where the right of withdrawal exists, clauses 5.1 and 5.2 below apply.

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 by you.

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.

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 undertakings or agreements.

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

This contract is between us and you. No other person shall have any rights to enforce any of its terms.

8. APPLICABLE LAW AND JURISDICTION

These Terms of Sale for Services shall be interpreted in accordance with the laws of the state of New York without regard to its conflict of laws provisions or choice of law rules.

To the maximum extent permissible by applicable law, any claim, dispute, or controversy (whether in contract, tort or otherwise, whether pre-existing, present or future, and including, but not limited to, statutory, common law, intentional tort and equitable claims) arising from or relating to the Breitling Services, the interpretation or application of these Terms of Sale 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 chosen, it will be conducted 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 Terms 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 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 attorney’s fees, from the other party.

Breitling USA Inc., 20 June 2024