GENERAL CONDITIONS OF SALE FOR E-COMMERCE AND CONCIERGE SERVICES OF BREITLING Oceania
WELCOME TO OUR AUSTRALIAN E-BOUTIQUE
These conditions of sale and any specified terms herein (the “ Conditions of Sale”) shall apply to all sales of Breitling branded watches, bracelets, any other product of Breitling brand, and any service provided herein by Breitling (as defined below) (“Breitling Products”) that you (the “ Customer”) order from Breitling via the Breitling Channels (each as defined below).
“Breitling” (alsoreferred to as ‘us’, ‘our’ or ‘we’) means Breitling Oceania Pty Ltd with registered offices at 61 Market Street, Sydney, NSW 2000, Australia, with company registration number ACN 601 726 596.
“Breitling Channels” means Breitling's website under the url https://www.breitling.com/au-en/ (the “Website”), or Breitling’s concierge service which can be contacted by phone (+61 2 8224 0600) and email email@example.com (the “ Concierge Service”), or any Breitling associated digital or mobile platforms.
These Conditions of Sale apply solely to sales made online through Breitling Channels by individuals who have a shipping address in Australia (the “Country”). These Conditions of Sale do not apply to sales conducted through Breitling retail boutiques and/or through authorized retailers.
If you refuse to accept these Conditions of Sale, you will not be able to order any Breitling Products from the Breitling Channels.
IMPORTANT NOTICE: Please note that these Conditions of Sale contain important provisions that may limit or vary your rights and remedies under applicable law, namely; Breitling reserves the right to modify these Conditions of Sale as described below in this clause 1 ; Breitling reserves the right to modify the Breitling Products available for sale under clause 2.2 ; in the event that a Breitling Product is not available for any reason you have the choice to wait until the Breitling Product is available or to cancel your order and receive a full refund as described in clause 2.7 ; if your Breitling Product is delivered to you with a defect you will be entitled to certain remedies as described in clause 9 ; subject to Australian Consumer Law, Breitling limits its liability to you to the price paid for the Breitling Product and excludes its liability for indirect, special and consequential damages as described in clause 13 . Other similarly important terms are highlighted in these Conditions of Sale.
From time to time, Breitling may modify these Conditions of Sale in its sole discretion. Please check the Breitling Channels on a regular basis to be informed of any changes. If you do not agree to the changes to the Conditions of Sale, you should refrain from making any orders of Breitling Products through the Breitling Channels.
2. ORDERING BREITLING PRODUCTS
2.1 ELIGIBILITY TO PURCHASE BREITLING PRODUCTS
To be eligible to purchase Breitling Products through the Breitling Channels you must 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 Country. If you are under the legal age of adulthood or otherwise cannot lawfully enter into a contract, only your parent or guardian can place an order on your behalf and thus agree to these Conditions of Sale. Any orders made contrary to this provision will be null and void.
By placing an order through the Breitling Channels, you confirm that you are purchasing the Breitling Products in good faith and will not purchase, deliver, sell or otherwise distribute Breitling Products for any commercial purpose or commercial benefit. Breitling may refuse the order if it believes, in its sole discretion, that an order would contravene this statement or that you are involved in fraudulent or grey market activities. Breitling Products may be purchased for yourself or for the benefit of another individual to whom you are making a gift.
2.2 BREITLING PRODUCT AVAILABILITY
Breitling reserves the right to modify the selection of Breitling Products available through the Breitling Channels and may limit the quantity of Breitling Products that a Customer can order. All orders placed through the Breitling Channels are subject to availability and acceptance by Breitling .
You will find information regarding Breitling Products that are currently available for sale on the dedicated “product” pages of the Website or through our Concierge Service.
2.3 CREATING AN ACCOUNT/ GUEST CHECKOUT
In order to place an order through the Breitling Channels you must register and create a personal account. You will be required to provide valid and accurate personal information, such as your family name, first name, home address, mobile phone number, email address, and to confirm that you have reached the legal age of adulthood.
You can also place an order as a guest without creating an account (using the option ‘Guest Checkout’). You can decide to create your Breitling account later, upon receiving your order confirmation. Such 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.
You are responsible to inform us of any change in your personal information. Please login to your account and update such information directly on the Website or inform the Concierge Service. Should Breitling suspect that a third party has breached a Customer's account or has misused a Customer account credentials, Breitling shall immediately cancel and terminate such account and contact you by email or telephone.
2.4 PROCESSING YOUR ORDERS
When selecting a Breitling Product through the Breitling Channels, click on the “add to bag” button to place this product in your shopping bag. You may continue shopping for other Breitling Products and add them to your shopping bag (subject to availability and quantity limits) or proceed to “checkout” by clicking on this button. You may also remove one or several Breitling Products you have selected by selecting “X” next to the chosen product in the shopping bag.
If you prefer to place an order by telephone through the Concierge Service, the Concierge Service will assist you to complete the order process on your behalf. Any inquiries and questions may also be directed via email to the Concierge Service.
You may be invited to provide additional personal information when placing an order through the Breitling Channels, such as shipping and/or billing address and payment details. You confirm that all personal information given to Breitling is true and accurate. Breitling or its third-party providers may collect additional information at this time for security and anti-fraud purposes.
Notwithstanding anything to the contrary herein, Breitling reserves the right to refuse, cancel and terminate orders at any moment for a breach of these Conditions of Sale including payment. Breitling may also refuse, cancel or suspend an order if there is an ongoing dispute with you concerning the payment of a previous order or where we reasonably suspect that you have participated in fraudulent activities. In the event that Breitling exercises its rights under this clause, Breitling will credit back on your payment method any amounts paid by you to date in respect of such cancelled order. You will not be entitled to any other compensation or remedy in respect of such cancellation by Breitling.
2.5 ORDER VERIFICATION
You are responsible to verify and confirm all details on the payment page before placing your order through the Breitling Channels and authorising payment. When placing an order through the Concierge Service we will ask you to confirm the details orally and then we will provide you with a secure payment link for you to authorise payment.
2.6 ORDER ACKNOWLEDGMENT
Once you have placed your order through the Breitling Channels, Breitling will send you an order acknowledgement by email acknowledging the details of your order. This order acknowledgment contains an order number assigned by Breitling that you can use for future inquiries regarding your order. You will also receive a link to these Conditions of Sale which you are invited to carefully review prior to payment. This order acknowledgement message does not constitute acceptance of your order by Breitling, nor does it create a contract between you and Breitling.
2.7 ORDER CONFIRMATION/SHIPMENT
Breitling will check the availability of your ordered Breitling Product and together with its third-party service providers perform certain anti-fraud, security and related legal checks. Provided these checks are successfully completed, Breitling will then prepare your selected Breitling Product for shipment, take payment from your payment method and will send you an email to confirm that your order has been accepted (“ order confirmation”). The order confirmation constitutes the acceptance of your order by Breitling and forms a binding contract between Breitling and you.
Upon shipment of your order, Breitling will send you a notice by email that the Breitling Products are being shipped and delivered to the address that you have indicated in your order. The invoice of your purchase will be attached to this notice in pdf format.
In the event your ordered Breitling Product is not available you may choose to wait until it is available or to cancel your order. If you choose to wait we will continue to hold the payment authorisation and inform you when the Breitling Product is available. Alternatively, if you cancel your order, your payment authorisation will be cancelled and any money taken from your payment method will be promptly refunded to you on this payment method.
In any event if your order is not confirmed your payment authorisation will be cancelled and any money taken from your payment method will be promptly refunded to you on this payment method.
For specific Breitling Products where stipulated on their product webpage, Breitling offers the possibility of pre-ordering (“ Pre-Order”). Pre-ordering a Breitling Product means that you are reserving and paying a deposit for a Breitling Product that will be available on a future date.
Pre-Orders are subject to the following:
(a) Limited editions of Breitling Products that can be ordered under Pre-Order are only available in limited quantities and for a limited time. You acknowledge that Breitling may not be able to fulfil your Pre-Order due to limited quantities and the limit in time.
(b) At the time of the Pre-Order you must make a down payment of a proportion of the retail sales price when placing the Pre-Order. The exact amount of the Pre-Order down payment will be confirmed at the time of the Pre-Order.
(c) When the Breitling Product becomes available for shipping, we will inform you by email. The email will include a secure payment link.
(d) Payment for the remaining amount of your Pre-Order, plus taxes and shipping costs will usually be requested seven (7) working days before the Breitling Product is expected to be shipped.
(e) The Breitling Product will only be shipped after the full payment is received.
(f) If you do not pay the balance of the purchase price within the time period stipulated above, Breitling reserves the right to cancel your Pre-Order without further notification. In such a case, Breitling will promptly credit back the down payment made at the time of Pre-Order to your payment method.
(g) If the Breitling Product you have pre-ordered is not available, Breitling will inform you by email, and will promptly credit back the down payment made at the time of Pre-Order to your payment method. You will not be entitled to any compensation or remedy in case of cancellation by Breitling of your Pre-Order, whatever the reason.
(h) You will have the possibility to cancel your Pre-Order at any time prior to Breitling sending you notification that your Pre-Order is ready to ship via the cancellation link provided through the Breitling Channels. Breitling will in such case promptly credit back to your payment method the down payment made at the time of Pre-Order. After your Pre-Order is shipped, any returns will be subject to Breitling’s return policy as described in below in clause 8.
3.1 INFORMATION ABOUT PRICES, TAX AND DELIVERY COSTS
All prices displayed on the product pages of the Breitling Channels are in Australian dollars ($) and include applicable sales taxes, i.e. GST, but exclude shipping costs and other costs for additional services unless otherwise stated.
The price of the Breitling Product, actual delivery costs and applicable taxes will be indicated on the payment page before you are invited to confirm and place your order and will be quoted by the Concierge Service in the case of a telephone 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 note that changes to applicable law related to sales taxes may occur between the date your order is placed and shipment. We will contact you and ask that you reconfirm your purchase if the resulting change is an increase in the sales tax you are charged.
The price of the Breitling Product, the amount of taxes and delivery charges displayed on the Breitling Channels or quoted by the Concierge Service will be confirmed on your order confirmation email and on your invoice. Please note that Breitling will only send order confirmation messages and the invoice to the person who placed the order, and not the gift recipient.
3.2 PAYMENT METHODS
Payment has to be made before order confirmation and the shipment of the Breitling Products, through an approved payment method. The currently supported payment methods include Visa, Mastercard, AMERICAN EXPRESS, JCB, Diner’s Club, Discover and PAYPAL. At the check-out additional payment methods may be available and certain payment methods may be unavailable. In any event the available supported payments methods are shown to you at the check-out page and are subject to the conditions specified by each payment method provider.
For all orders you will need to enter your payment details via a secure payment link. Your payment method information will be processed by your applicable third-party payment method provider. Please note that Breitling does not have access to your payment details.
All payment methods are subject to verification, validation checks and authorization by the payment method provider. If the payment method provider refuses to authorize payment to Breitling, you will need to contact your payment method provider directly to resolve the issue. If your payment provider refuses to authorize your payment to Breitling, then Breitling will not process your order. Breitling will not be liable for delay or non-delivery of your order in such circumstances.
You also expressly authorize Breitling to perform a payment method check to transmit or to obtain information (including any updated information) about you to or from third parties for the purpose of processing your payment method transaction, including but not limited to your payment method number, to authenticate your identity, to validate your payment method, to obtain an initial payment method authorization and to authorize individual purchase transactions.
Please note that when you place your order and select your payment method the full amount of your purchase is authorised on your payment method until shipment of your order. Upon shipment you will be charged the purchase price on your payment method. For some payment methods the full amount of the payment may be taken at the moment you place your order. Any such pre-payment will not affect your legal rights under these Conditions of Sale including your right to a refund.
In the event that your ordered Breitling Product is not available, or your order is not confirmed, then the provisions of clause 2.7 shall be applicable.
3.3 TECHNICAL SECURITY
3.4 FINANCING THROUGH A THIRD-PARTY FINANCING COMPANY INDEPENDENT OF BREITLING
At the checkout you will be informed of any third-party financing options that are available pursuant to which Customers may apply for finance to purchase a Breitling Product through deferred payments or in instalments. The financing service is offered by third-party companies available in the Country, which are independent of Breitling. The third-party financing company determines whether or not a Customer qualifies for the third-party financing service. Hence, Breitling does not know and has no access to information that a Customer may share with the third-party company in exploring a financing option. Breitling is not responsible for any third-party services that a Customer may choose to employ in connection with their Breitling Product purchase. This third-party finance service is subject to the third-party finance company’s terms and conditions.
By choosing the third-party financing option on the payment page, Customers will be redirected to the website of the financing company available in the Country. Customers interested in exploring financing options for Breitling Product purchases may visit the website of the third-party financing company to learn about the third-party company’s credit requirements and the specific terms that apply to Customers.
4. OPTIONAL SERVICES
Breitling may offer Customers certain optional services for enhancing their Breitling Product such as:
(a) Delivery of a Breitling box with gift wrap: your Breitling Product will be delivered to you in an attractive wrapped Breitling box.
(b) 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.
(c) Exchange of your watch leather strap: Depending on the selected watch model, different sizes of leather straps are available upon request through the Breitling Channels.
(d) Personalize your offer with a gift note: You may add a note that will be printed by Breitling on a gift card and included in your order shipment.
The applicable services that are available will be shown on the Breitling Channels and may be selected by the Customer during the checkout process. It will also be specified at the checkout whether the service is payable or complementary (provided free of charge). Note that customized or engraved Breitling Products cannot be returned to Breitling for a refund unless the Breitling Product fails to meet an applicable consumer guarantee under Australian Consumer Law.
5.1 GIFT WITH PURCHASE
From time to time, upon Breitling’s sole discretion, we may offer eligible Customers a voucher for a free gift with the purchase of a watch or another qualifying Breitling Product (each a “Qualifying Product ”). Specific details of the then-current Qualifying Product, the applicable free gift, and the terms of the promotion will be available through the Breitling Channels.
To be eligible for a gift voucher, a Customer must:
(a) If required under the terms of the promotion, order a Qualifying Product when logging into an existing personal account or after creating a new personal account through the Breitling Channels.
(b) Place the order in accordance with the requirements of the promotion, including during the time period specified for the promotion.
(c) Place the order in the Country through the Breitling Channels.
Upon eligibility, Breitling will provide the Customer with a gift voucher in accordance with the terms of the promotion. The eligible Customer can then choose the available gift and place it in their shopping bag through the Breitling Channels. The eligible Customer will then enter the gift voucher code, whereupon the gift will be added to the shopping bag free of charge.
If the Customer returns the Qualifying Product, the Customer must also return the free gift in accordance with the return process set forth in clause 8.1. If the Customer does not return the free gift the Customer will not receive the refund for the Qualifying Product.
Gift with purchase and other promotions are subject to the limitations and restrictions described in clause 5.2.
Any promotion hereunder shall not apply to:
(a) Any purchases made on any third-party website or channel, or any Breitling website or channel in another country.
(b) Any purchases made at any Breitling retail boutiques or any other physical point of sale of Breitling Products, including through authorized retailers.
Each promotion is provided at the discretion of Breitling and may be revoked or changed by us at any time at our sole discretion. Each promotion is subject to the limitations detailed for it, including its time period and limitations on available gifts and the number of gifts per Customer, and is subject to availability including the Breitling Products that may be made available as gifts. Promotions involving gifts shall remain valid only as long as there is a stock of applicable gifts.
Each promotion may not be combined with any other offers. Gift vouchers may not be used for any prior purchases or for any purchases made after the relevant promotion period has ended. Breitling shall have no liability to Customers for any changes in a promotion, or for the unavailability of gifts or other benefits under a promotion.
6. SHIPPING AND DELIVERY
6.1 DELIVERY TIMES
Breitling shall arrange delivery of your Breitling Product through its selected logistics provider (the “Logistics Provider”). Breitling will use its best efforts to process your order as soon as possible. Standard delivery time is two (2) to three (3) working days from transmission by Breitling of the order confirmation, however these times are purely indicative and are not binding on Breitling. These indicative delivery times do not apply to optional services or promotions described in clauses 4 and 5 above.
You, as the Customer, must provide to Breitling a delivery address in the Country. You are invited to indicate during the checkout process your preferred time slot of delivery (taking into account the above indicative delivery times).
Please note that Breitling Products cannot be delivered everywhere. All orders made through the Breitling Channels are limited to delivery in the Country. Additionally, we are unable to deliver to hotels and hostels, post office box addresses, and to certain military locations, or to any unsecure location where a person cannot sign for the Breitling Product.
Once your order has been shipped, you can track the transportation of your purchase by visiting the “My Orders” page on our Website.
Orders may be subject to delivery charges which if applicable we will notify you of the charges at check-out. 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 Country 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 has arrived and can be collected at the Collection Point.
In case the Collect Option has been chosen, the Customer can collect the Breitling Products ordered at the Collection Point within a period of fourteen (14) days from notification. If the Customer does not collect the Breitling Products within this period, the order of the Breitling Products is automatically deemed to be cancelled by the Customer. Accordingly, any relevant sales contract is deemed null and void. As a consequence, Breitling no longer has any obligation to sell the respective Breitling Products to the Customer and any amounts paid by the Customer will be refunded to the Customer via their payment method. Please note that this cancellation option is in addition and not a substitute to the withdrawal right mentioned in clause 7 below.
6.3 RECEPTION AND VERIFICATION OF THE BREITLING PRODUCTS
Breitling will insure each purchased Breitling Product during the time it is in transit until it is delivered to you. The responsibility for the Breitling Product passes from Breitling to the Customer when the Logistics Provider delivers the Breitling Product to you or a designated recipient. We need an adult’s signature to confirm receipt of each Breitling Product delivered. If you have specified a recipient of the Breitling Product who is not you for delivery purposes (for example when you ordered the Breitling Product as a gift) then you understand and accept that evidence of a signature by such recipient (or at that delivery address) is evidence of delivery and fulfilment of the sale contract by Breitling and transfer of responsibility to the recipient in the same way as if the Breitling Product had been delivered to you directly.
Your delivery package will contain your purchased Breitling Product with all related accessories (if any), the product manual, if applicable, certificate of official Swiss Chronometer Testing Institute and/or an e-Warranty Card, a Breitling Bag, the return instructions and the packing slip.
You are required to verify the quantity and condition of the Breitling Products on delivery. Please inform our Logistics Service Provider immediately in case of any apparent breakage or visible defects or damages to the package or to the Breitling Product. Please also inform our Concierge Service without delay in case of any such defect or damage you notice on delivery or within fourteen (14) days of delivery.
For any damage or defect in your Breitling Product that you or the gift recipient notice after the above period, you or the gift recipient, must inform a Breitling authorised 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 10. Any return of your Breitling Product must be in accordance with our Return Rules contained in clause 8.
7. RIGHT TO RETURN BREITLING PRODUCTS FOR CHANGE OF MIND
You have the right for any reason to cancel the contract created by our order confirmation without giving any reason fourteen (14) days from the day on which you acquire, or your nominated recipient (other than the Logistics Provider) acquires, physical possession of the Breitling Products in your order. To cancel the contract and return your Breitling Product you must follow the return rules and requirements described in clause 8 (“ Return Rules”).
8.1 RETURN PROCESS
Important Notice for Change of Mind Returns:
The requirements below do not purport to exclude or replace your consumer guarantee rights under Australian Consumer Law.
Only Breitling Products that have been purchased through the Breitling Channels and that comply with the following Return Rules may be returned to Breitling and are eligible for a refund:
(a) Notify the Concierge Service, that you wish to return your Breitling Product and receive a refund. You will be asked to provide a picture of the returned Breitling Product and provide proof of purchase.
(b) The Concierge Service will verify your purchase and whether the notification of the return is being made during the fourteen (14) day return period. The Concierge Service will also verify the condition of the Breitling Product.
(c) 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 gift provided with purchase) in its original box and packaging. We reserve the right to refuse your return if any of these conditions are not met or the accessories included with your Breitling Product are not returned in full.
(d) 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.
(e) Breitling Products that are customized or engraved, or watch straps that have been cut or adjusted to fit your wrist, are not eligible for our fourteen (14) day no-questions asked return, unless the Breitling Product fails to meet a consumer guarantee under Australian Consumer Law.
(f) 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 Concierge Service.
(g) You must ensure that your Breitling Product is returned to us within fourteen (14) days from the date you notify us that you wish to cancel your order for a change of mind.
(h) The Concierge Service will organize a pick-up of the Breitling Product being returned from your address through Breitling’s Logistics Provider. Provided you use the return label provided by Breitling and our Logistics Provider, Breitling shall pay the cost of the return of the Breitling Product to Breitling and shall insure it during transit. Otherwise, Breitling is under no obligation to maintain insurance and the shipment of any Breitling Product will be at the sole risk and responsibility of the Customer.
(i) 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 and Breitling determines that there has not been a breach of an applicable consumer guarantee under Australian Consumer Law, then Breitling may refuse the return, and in such a case the Breitling Product will be sent back to you at your original shipment address. If the returned Breitling Product satisfies the quality control or if Breitling determines that there has been a breach of an applicable consumer guarantee under Australian Consumer Law, then Breitling will proceed with the applicable refund.
(j) Alternatively, Breitling reserves the right to deduct from any refund an amount to reflect the reduction in value of the Breitling Product resulting from damage caused by you or excessive handling by you beyond what is necessary to establish that you were provided with the correct Breitling Product and that it functions correctly. Breitling will pay the cost of shipping the Breitling Product back to you and will insure it during transit. If the returned Breitling Product satisfies the quality control and Return Rules, Breitling will proceed with the applicable refund to your original payment method. Breitling shall keep you informed by email.
(k) 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.
(l) 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.
(m) For general returns, the refund to you will include a refund of the shipping costs that you originally paid to us, unless you paid for an enhanced delivery service, in which case you are only entitled to a refund of the costs of standard delivery. However, if there has been a breach of a consumer guarantee and you are able to provide proof that you paid for an enhanced delivery service in connection with the relevant Breitling Product, then any refund which we provide will include the costs of that enhanced delivery service.
9. 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. 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 10 , 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 labour 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.
In addition to the specific rights you have under Breitling’s international warranty https://www.breitling.com/zz-zz/service/international-warranty/ , you have additional rights as provided by law, in particular:
“our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.”
10. 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 Australian Consumer Law. 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 of either two (2) or five (5) years, depending on the type of watch movement, and takes effect from the date of purchase of the Breitling Product. The electronic international warranty card is activated at the time of the sale via the Breitling Channels.
Any person who has purchased a Breitling Product on the Breitling Channels can claim under the international warranty by showing the electronic Breitling international warranty card to any authorized Breitling retailer or distributor, as well as to any authorized Breitling service center.
The specific rights under this international warranty do not limit your statutory rights including those under the Australian Consumer Law, as described in clause 9 above.
11. REPAIRS BY BREITLING
Subject to the warranty period and conditions specified in clause 10, any manufacturing defect is covered by our international warranty https://www.breitling.com/zz-zz/service/international-warranty/ . You are invited to contact the Concierge Service for any inquiries concerning repairs or refer to the section “My watch needs a service” of our Website.
12. ACCURACY OF PRICING AND PRODUCT DESCRIPTIONS
While Breitling endeavors to verify the correctness of any information it provides via the Breitling Channels and in our advertisements or catalogues, we make no warranties, whether express or implied, in relation to the accuracy, reliability and completeness of such information other than to the extent provided under the Australian Consumer Law. Information on the Breitling Channels, and in our advertisements or catalogues, is provided on an “as is” and “as available” basis without any representation or endorsement made, and Breitling makes no warranties of any kind, whether express or implied, in relation to such information, or any transaction that may be conducted through the Breitling Channels including, but not limited to, the implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, reasonable care and skill, or non-infringement .
Breitling only confirms the price of a Breitling Product with the issuance of an order confirmation. If a Breitling Product's correct price is higher than the price shown on the Breitling Channels, Breitling will either contact you for instructions before shipping the order or cancel the order and notify you of such cancellation.
Breitling Product descriptions, photographs or graphical representations displayed on the Breitling Channels or in a Breitling catalogue are for illustrative purposes only, however Breitling will use reasonable efforts to ensure that they are accurate. Nevertheless, Breitling does not warrant that such materials or other content is error-free, whether as a result of inaccuracy, omission, mistake or otherwise . Where the Breitling Product supplied does not match its description on the Breitling Channels or in a Breitling catalogue, you may be entitled to remedies under the Australian Consumer Law. Breitling does not provide any warranties in respect of matching product description beyond those rights provided to consumers under the Australian Consumer Law.
13. LIMITATION OF LIABILITY
Subject to the provisions of the Australian Consumer Law and other applicable law that cannot be excluded, limited or modified: (A) We are only liable to you for damages you incur as a direct result of a failure on our behalf. This means that in no event shall Breitling be held liable for (i) indirect, special or consequential damages of any kind arising in connection with Breitling Products, their use, their sale or the Breitling Channels, (ii) losses not foreseeable by both parties when a contract was formed between us, and (iii) inaccurate or incomplete information provided by Breitling about a third-party service provider; (B) Without limiting the scope of these Conditions of Sale, no 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 the Australian Consumer Law, may impose consumer guarantees, imply warranties or conditions, or impose obligations upon us, which cannot be excluded, limited or modified except to a limited extent. To the extent that such laws and regulations apply, these Conditions of Sales must be read subject to these provisions and nothing in these Terms is intended to alter or restrict the operation of such provisions.
14. GENERAL PROVISIONS
In the event that certain provisions of these Conditions of Sale are declared void or partially invalid, the other clauses shall remain unaltered in their force and effect. The invalid provisions are replaced by the applicable legal provisions of New South Wales law including that which is not provided for in these Conditions of Sale.
These Conditions of Sale constitute the entire agreement between you and us in relation to the order of Breitling Products, and replace and extinguish all prior agreements or undertakings of any nature made by the parties, whether oral or written, in relation to such subject matter.
The waiver by us of a breach of any provision of these Conditions of Sale will not operate and/or be interpreted as a waiver of any other or subsequent breach.
This contract is between us and you. No other person shall have any rights to enforce any of its terms. However, if you purchase a Breitling Product as a gift, the recipient of your gift will have the benefit of our applicable international warranty https://www.breitling.com/zz-zz/service/international-warranty/ .
15. APPLICABLE LAW AND JURISDICTION
These Conditions of Sale are governed by and construed in accordance with the laws of New South Wales, Australiawithout reference to any conflict of law provisions. These Conditions of Sale shall not be subject to the United Nations Convention on Contracts for the International Sale of Goods. Any dispute, controversy or claim arising out of or in relation to the Conditions of Sale, including the validity, invalidity, breach or termination of the Conditions of Sale, shall be resolved in accordance with the Conditions of Sale.
You agree to submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia.
Without any restriction to bring proceedings before a court, you and Breitling will first make reasonable efforts for a period of thirty (30) days to resolve amicably any dispute or failure to agree that may arise out of or relate to the Breitling Product, the Conditions of Sale or any breach thereof.
Breitling Oceania Pty Ltd : April 28, 2022
TERMS & CONDITIONS OF SALE FOR ADDITIONAL SERVICES
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 Oceania Pty Ltd (referred to as “us”, “our”, “we” or “Breitling”) on the Internet via Breitling's website, under the URL https://www.breitling.com/au-zz/ (“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, or 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 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 Australia.
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), (b) have legal capacity to enter into contracts and (c) reside in Australia. 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 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 and third-party services that are currently available on the dedicated “#BreitlingCare” page of the Website available at https://www.breitling.com/au-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 local law, Breitling reserves the right to refuse, cancel, and terminate orders at any moment and at its 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.
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 finalised.
2.4 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.
2.5 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 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.
2.6 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.
3.1 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/au-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/au-zz/service/international-warranty/.
The benefits offered under the Breitling Warranty Extension are in addition to any other rights or remedies that you have under a law in relation to the goods or services to which the warranty relate.
Breitling's goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
In order to be able to purchase Breitling Warranty Extension, you will need to sign up for “My Account” on https://www.breitling.com/au-zz/ (“Breitling Account). If you don’t have a Breitling Account yet, you can sign up https://www.breitling.com/au-zz/my-account/login/.
Breitling Warranty Extension is an additional service which Breitling is offering to Customers residing in Australia.
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 #BreitlingCare which you can find here https://www.breitling.com/zz-zz/breitlingcare/insurance/.
4.1. INFORMATION ABOUT PRICES, TAX AND DELIVERY COSTS
Breitling reserves the right to change or adapt prices for new orders of 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). This provision does not apply to orders made by Customers that are pending or have been confirmed by Breitling.
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 additional taxes 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 local 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 in relation to any data security breaches for which Breitling is not at fault.
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 contained therein (subject to any local laws, including any rights available under the Australian Consumer 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 in circumstances where any errors or inaccuracies in the information provided are due to matters that are outside the reasonable control of Breitling (for example errors caused by inadvertent information technology malfunctions), This provision is subject to any local laws, including any rights available under the Australian Consumer Law.
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.
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. 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 state of New South Wales 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. Any rights under the Australian Consumer Law remain unaffected by the governing applicable law of the agreement.
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 Australian Centre for International Commercial Arbitration Rules of the American Arbitration Association. If arbitration is not chosen, the Claim shall be submitted to the exclusive jurisdiction of the courts in the State of New South Wales. If arbitration is chosen by Breitling with respect to a Claim, neither Breitling nor Customer will have the right to litigate that Claim in court 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 International Arbitration Act 1974 (Cth). The arbitration will take place exclusively in New South Wales, Australia. 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.
Last Revised: April 13, 2021