Terms & conditions
TERMS & CONDITIONS OF SALE FOR E-BOUTIQUE AND CONCIERGE SERVICES OF BREITLING OCEANIA
WELCOME TO OUR AUSTRALIAN E-BOUTIQUE
The following conditions and any other related terms made available as provided herein (the "Conditions of Sale") shall apply to all sales of Breitling Products that you (also referred to as the "Customer") may order from Breitling Oceania Pty Ltd (ACN 601 726 596) 61 Market Street, SYDNEY, NSW 2000 (referred to as “us”, “our”, “we” or “Breitling”) either on the Internet via Breitling's Website, under the URL "https://www.breitling.com/au-en/" (referred to as the "Website") or via the Concierge Service of Breitling which can be contacted by phone (+61 2 8224 0600) (referred to as the "Concierge Service").
These Conditions of Sale apply solely to sales made online through the Website or the Concierge Service, by customers who have a shipping address in Australia. These Conditions of Sale do not apply to sales conducted through Breitling retail boutiques and/or through authorized retailers.
The Conditions of Sale are applicable to any order placed through the Website or the Concierge Service. When you place an order and click on “CONFIRM MY ORDER AND PAY” at the payment section of the checkout, you acknowledge that you have read and accepted the Conditions of Sale and you indicate your acceptance of these Conditions of Sale. If you refuse to accept these Conditions of Sale, you will not be able to order any Breitling Products from the Website or the Concierge Service.
From time to time, Breitling may amend these Conditions of Sale in its sole discretion. Please check our Website on a regular basis to be informed of any changes. If you do not agree to changes made to the Conditions of Sale, you are entitled to terminate an order you have with us and receive back any monies you have advanced us in full. You should contact the Concierge Service in this case. If you have not placed an order with us, you should refrain from making any online order of Breitling Products through the Website or the Concierge Service.
2 ORDERING BREITLING PRODUCTS
2.1 ELIGIBILITY TO PURCHASE OUR BREITLING PRODUCTS
Individuals ordering Breitling Products on the Website or through the Concierge Service must (a) have reached the age of 18 years old, (b) have legal capacity to enter into contracts and (c) have a shipping address in Australia. Only individual consumers are eligible to purchase Breitling Products on this Website. If you are under the age of 18 years old 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 Conditions 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 the products in good faith and will not purchase, deliver, sell or otherwise distribute Breitling products 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. Breitling Products may be purchased for yourself or for the benefit of another individual to whom you are making a gift (referred to as “Gift Recipient”).
2.2 PRODUCT AVAILABILITY
Breitling reserves the right to modify and amend the selection of Breitling Products proposed on the Website or through the Concierge Service and may limit the quantity of Breitling products that a customer can order. All orders placed on the Website or through the Concierge Service 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 (+61 2 8224 0600) who will be pleased to assist you with your purchase.
2.3 CREATING AN ACCOUNT OR USING THE GUEST CHECKOUT
In order to place an order on the Website or through the Concierge Service, you, or the Breitling Concierge on your behalf, may register and create a personal account available on the Breitling Website. You will be required to provide valid and accurate personal information, such as your family name, first name, home address, phone number, email address, and to confirm that you have reached 18 years old.
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 account will not include transactions made prior to the creation of the account though.
Once you have completed the registration of your account on the Website or by the Breitling Concierge, you will receive an email inviting you to activate your account. 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 for informing 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 or notify Breitling at the following e-mail address: (email@example.com). Should Breitling reasonably suspect that a third party has breached a customer's account or has misused a customer account credentials, Breitling shall immediately cancel and terminate such account and contact you by other means (e.g. via email or phone).
2.4 PROCESSING YOUR ORDERS
When selecting a Breitling Product on the Website, click on the "add to bag" button to place this product in your shopping bag. You may continue shopping for other 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 clicking "X" next to the chosen product in the shopping bag.
If you prefer to place an order by telephone through the Concierge Service (+61 2 8224 0600), the Breitling Concierge will complete the order process on your behalf. Any enquiries and questions may also be directed per email to the Concierge Service: (firstname.lastname@example.org).
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 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 provided for herein, Breitling reserves the right to refuse, cancel and terminate orders (Rejected Orders) immediately upon notice if there is an ongoing dispute concerning payment of a prior order which has been placed (i) by the same customer; or (ii) using the same payment details. In the event that Breitling exercises its rights under this clause, Breitling will credit back on your credit or debit card account any amounts paid by you to date in respect of the Rejected Order. You will not be entitled to any other compensation or remedy in respect of such cancellation by Breitling.
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, the Breitling Concierge will ask you to confirm the details of your order orally.
2.5 ORDER ACKNOWLEDGMENT
Breitling will send you an order acknowledgement by email, once you have placed your order 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 does not constitute acceptance of your order by Breitling, nor create a contract between you and us.
You are invited to carefully review these Conditions of Sale upon receipt.
2.7 ORDER CONFIRMATION
Following completion by Breitling of its anti-fraud, security and related legal checks and subject to product availability, Breitling will prepare your selected Breitling Product(s) for shipment and send you by email a written order confirmation. The order confirmation constitutes the acceptance of your order by Breitling and forms a binding contract between Breitling and yourself.
2.8 ORDER SHIPMENT
Upon shipment of your order, Breitling will send you a notice by email that the Breitling Product(s) 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.
For specific Products, Breitling offers the possibility of pre-ordering (Pre-order). Pre-ordering a Product means that you are reserving and paying a deposit for a Product that will be available on a future date. The Pre-order possibility is expressly mentioned on the Product webpage of each concerned Product.
Pre-orders are subject to these terms and Conditions of Sales with the following amendments or additions:
- Limited editions of Breitling Products that can be ordered under Pre-order are only available in limited quantities. You acknowledge that Breitling may not be able to fulfil your Pre-order due to limited quantities.
- The presentation of Breitling Products on the Breitling website constitutes a binding offer by Breitling to sell the Breitling Product. Any offer of limited edition Product is limited in time.
- By sending a Pre-order, you accept the above-mentioned offer from Breitling and establishes a binding contract between you and Breitling.
- Upon sending the Pre-order, a deposit of 30% of the sales price (including GST) must be paid immediately. Placing a Pre-order deposit provides you a priority access as soon as the Product becomes available.
- When the Product is available for shipment, Breitling will inform you by e-mail with instructions on how to pay the remaining amount due.
- Payment for the remaining amount of your Pre-order will usually be requested 7 working days before the Product is expected to be shipped.
- The Product will only be shipped after the full payment is received.
- If the Product you have ordered is not available, Breitling will inform you immediately by e-mail about the cancellation of the sales contract and the deposit paid at the time of the Pre-order will be refunded without delay to your credit card or PAYPAL account.
- You will not be entitled to any compensation or remedy in case of cancellation by Breitling of your Pre-order, whatever the reason.
Please do not hesitate to contact Breitling Concierge Service for an update as to the status of your order and be sure to check your email inbox and junk mail as we send out update notifications.
Contact for Australia by email: (email@example.com); by phone (+61 2 8224 0600).
2.9.2 CANCELLATION PRIOR TO DISPATCH OF PRODUCTS
If you wish to cancel your Pre-order at any time prior to Breitling sending the notification that the Product is ready to ship, please contact Breitling Concierge Service and we will be happy to process a full refund of your deposit.
After your order is shipped, any returns will be subject to Breitling’s online return policy as described below (See clause 7).
3.1 INFORMATION ABOUT PRICES, TAX AND DELIVERY COSTS
All prices displayed on the product pages of the Website or provided by the Concierge Service are in Australian dollars ($) and include GST but exclude shipping costs and other costs for add-on services (such as personalised engraving) unless otherwise stated.
The final purchase price, including the product price, actual delivery costs and costs for any add-on services selected by you, 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).
Breitling reserves the right to change or adapt prices and shipping costs at any time without prior notice on the Website. If the price of a product and shipping costs 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).
Such delivery costs will be indicated on your order confirmation email and on your invoice. Note that Breitling will not send the invoice and payment details to a Gift Recipient, if applicable, but to you.
3.2 PAYMENT METHODS
3.2.1 BANK TRANSFER / CREDIT / DEBIT CARDS
Payment must be made before the shipment of the Breitling Products, by credit or debit card (Visa, Mastercard, AMERICAN EXPRESS, JCB, Diner's Club, Discover) and PAYPAL.
For orders through the Concierge Service, you will not need to communicate your credit or debit card number to anyone, you will receive an email to complete the payment on your side.
All credit/debit card holders are subject to verification, validation checks and authorization by the card issuer. If the issuer of your payment card refuses to authorize 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.
You also expressly authorize Breitling to perform a debit or credit card check (as relevant) to transmit or to obtain information (including any updated information) about you to or from third parties for the purpose of processing your credit or debit card transaction, including but not limited to your credit-card number, to authenticate your identity, to validate your credit or debit card, to obtain an initial credit or debit card authorization and to authorize individual purchase transactions.
The full amount of the Purchase Price will be reserved on your credit or debit 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.
3.2.2 ADDITIONAL ONLINE PAYMENT METHODS
You may also have the option to pay by using additional online payment methods like PAYPAL or similar under the conditions specified by each payment system. The available supported payments methods are shown to you at the check-out page.
3.2.3 FINANCING THROUGH A THIRD-PARTY FINANCING COMPANY INDEPENDENT OF BREITLING
Breitling is pleased to offer “qualifying” Customers the option to pay for watch purchase(s) through a deferred payment option that will allow the purchase price of a watch to be paid in instalments.
Breitling is working with duly selected third-party financing companies, that may change from one country to the other. The financing service is offered by the third-party company available in your country of residence, which is independent of Breitling. 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 purchase. This third-party service is subject to their own terms and policies.
Customers interested in exploring financing options for watch purchases may visit the website of the third-party financing company available in their country, to learn about the requirements and the specific terms that may apply to qualified Customers, based on a credit review that will be performed by the third-party financing company.
By choosing the third-party financing option on the payment page, Customers will be redirected to the website of the financing company available in their country.
4. COURTESY OF BREITLING – COMPLIMENTARY SERVICES
Breitling is also offering to its Customers the following Complimentary Services free of charge. The following services can be selected during the checkout process:
- Delivery of a Breitling box with gift wrap: your Breitling Product will be delivered to you in an attractive wrapped Breitling box.
- Adjustment of the bracelet is available on certain watch models. When this option is available, indicate the size of your wrist in millimeters on our Website or provide this information to our Concierge Service. Note that customized or engraved Breitling Products cannot be returned to Breitling for a refund unless the product fails to meet an applicable consumer guarantee under the Australian Consumer Law.
- Exchange of your watch leather strap: Depending on the selected watch model, different sizes of leather straps are available upon request through our Website or through our Concierge Service.
- Personalize your offer with a gift note: You may add a note that will be printed by Breitling on a gift card and included in your order shipment.
5. SHIPPING AND DELIVERY
5.1. DELIVERY TIMES
Unless stated otherwise, the delivery time for a standard delivery is 2 to 3 working days (Monday-Friday) after the issuing of the email with the order confirmation, but please note that these times may vary and are purely indicative. Breitling will endeavor to process your order as soon as possible. These delivery times do not apply to additional requests and Complementary Services described in clause 4 above.
All orders made through www.breitling.com/au-en/ or through the Concierge Service at (+61 2 8224 0600) are limited to being delivered to an address in Australia.
You, as the Customer, must provide to Breitling a delivery address in Australia.
Your delivery package will contain your purchased Breitling product with all related accessories (if any); the Product Manual, as applicable; the Certificate of Official Swiss Chronometer Testing Institute and an e-Warranty Card; a Breitling Bag; the return instructions and the packing slip without price. We will also include the printed gift note containing your message, if you have requested it at the time of the order.
The responsibility for the Breitling Products passes to the Customer when the carrier delivers the package or when the carrier hands the package over to the recipient. In order to guarantee high quality standards and fast delivery, we partner with the company TNT.
5.2. RECEPTION AND VERIFICATION OF THE BREITLING PRODUCTS
We require the collection of a signature from an individual who is 18 years old or over to confirm your receipt of each Breitling Product delivered, at which point responsibility for the purchased Breitling Products passes to you. 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.
You are required to verify the quantity and condition of the Breitling Products on delivery. Please inform the carrier immediately when receiving your order in the case of apparent breakage or visible defects or damage to the package or to the Breitling Product. Please also notify Breitling Concierge Service immediately at the following address: (firstname.lastname@example.org) or by calling the following number: (+61 2 8224 0600).
6. RIGHT TO CANCEL THE CONTRACT FOR CHANGE OF MIND
You have the right to cancel the contract created by our written order confirmation without giving any reason, fourteen (14) days from the day on which you acquire, or someone you nominate (other than the carrier) acquires, physical possession of the Breitling Products in your order. If more than one item is ordered under the same contract, then the cancellation period ends at the end of 14 days after the day on which the last of the Breitling Products comes into your (or your nominated recipient's) possession.
To cancel the contract and return your Breitling Product(s), you must contact our Concierge Service via phone at (+61 2 8224 0600) and follow the instructions that will be given to you, or send us a clear statement, for example by sending an e-mail to us at (email@example.com).
Clause 7.1 (below) sets out important information about your right to cancel for change of mind.
6.2. EXCEPTIONS TO THE RIGHT TO CANCEL
The right to cancel does not apply to Breitling Products that have been customized or engraved, which cannot be returned to Breitling for refund, unless the product fails to meet a consumer guarantee under the Australian Consumer Law.
7. RETURNS FOR CHANGE OF MIND
A Customer or Gift Recipient may return Breitling products under clause 6 (above) in accordance with Breitling return rules set out in this clause 7, bearing in mind that only a Customer will be entitled to receive a refund and not a Gift Recipient. Returns that do not respect the conditions and timeframes set forth in clause 7.1 may be refused by Breitling and may be sent back to the Customer or Gift Recipient, as the case may be, to the respective shipping address of the initial Breitling Product order.
7.1 PROCESS TO RETURN BREITLING PRODUCTS FOR CHANGE OF MIND
Only Breitling Products that have been purchased on the Website or through the Concierge Service may be returned to Breitling - and exclusively to the address indicated below, following these procedures.
If a Customer or Gift Recipient wishes to return a product to Breitling, then such person must comply with the following steps:
- Notify the Breitling Concierge to request a return via phone at (+61 2 8224 0600).
- The Breitling Concierge will verify the original purchase and that the return is being made during the fourteen (14)-day return period, starting from the delivery date.
- The Breitling Concierge will organize a pick-up at your address with Breitling's preferred logistics partner (TNT).
- The Breitling Products must be returned within fourteen (14) days from the communication by the Customer of his decision to make use of his right to cancel for change of mind.
- Please follow the return instructions indicated by Breitling and include the Breitling Product along with all accessories, the product manual, the certificate of the official Swiss chronometer Institute, the e-Warranty card and all other documents in its original box within the original shipping package.
- Seal the package carefully with additional adhesive tape if necessary and label the package appropriately including the return label generated and sent via email as PDF by the Breitling Concierge (Breitling will bear the return costs, if the return label generated by the Breitling Concierge is being used).
- At the day of pickup, the (TNT) delivery driver will collect the parcel. If you are not available, the (TNT) delivery driver will leave the shipping label in your mailbox and you can drop the parcel at any (TNT) Access Point.
When Breitling receives the returned package at its Customer Service Centre, an email will be sent to you.
Important Notice for Change of Mind Returns:
The requirements below do not purport to exclude or replace your consumer guarantee rights under the Australian Consumer Law.
Breitling Products must be returned in their original condition, in a new, unused and perfect state, with all protection, tags and stickers attached to them, with the original Breitling box and delivery package, including all accessories and documentation. Breitling will refuse change of mind returns if the Breitling Product shows any signs of wear or has been used or altered from its original condition in any way.
Watch bracelets that have been adjusted at the Customer's request must be returned with the exact same number of links as in the original delivery package.
Breitling also reserves the right to deduct from the amount refunded for a change of mind return any sums which reflect any reduction in the value of the products resulting from the handling of the products by you beyond what is necessary for you to establish that you were provided with the correct product and that it functions correctly.
When the Customer or Gift Recipient decides to return a purchased Breitling Product for change of mind within the fourteen (14)-day period, and uses the return label provided by Breitling, then we will insure the products during return shipment to us. Otherwise, Breitling is under no obligation to maintain insurance and the safe shipment of any Breitling Product from the Customer or Gift Recipient back to Breitling for change of mind returns will be at the sole risk and responsibility of the Customer.
The Customer or Gift Recipient must keep a proof of return shipment and Breitling accepts no liability if such proof cannot be produced. Refunds are eligible only for merchandise returned to the address provided to you by us or printed on the return label provided by the Breitling Concierge.
Upon receiving a return, Breitling will verify that the returned Breitling Product satisfies the conditions of the return rules. Breitling will apply a strict quality control. If the Products do not meet quality control standards and Breitling determines that there has not been a breach of an applicable consumer guarantee under the Australian Consumer Law, then Breitling will refuse the return, and the Breitling Products will be sent back to the Customer or the Gift Recipient, as applicable. 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 the Australian Consumer Law, then Breitling will proceed with the applicable refund.
Only a Customer will be entitled to receive a refund. In no event will a Gift Recipient be eligible to receive a refund. Breitling will pay the refunded amount using the same means of payment as you used to purchase the products (unless we have agreed otherwise with you). We will make the refund no later than fourteen (14) days after receipt of the returned item by Breitling Customer Service Centre (or, if sooner, the date on which you supply us with evidence of having sent the products back).
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.
8. INTERNATIONAL WARRANTY
Breitling Products are covered by the applicable legal guarantee and our international warranty, as specified under the conditions mentioned on our website, as well as on the documents accompanying the Breitling Product. The international warranty guarantees the Breitling Product against any manufacturing defect for a period of between 2 and 5 years 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 at distance.
Any person who has purchased a Breitling Product on the "https://www.breitling.com/au-en/" website or from the Concierge Service can claim cover 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 – see clause 9.3 below for more details.
9. BREITLING PRODUCT WITH A DEFECT
Breitling exercises extreme care to ensure that each Breitling Product strictly complies with our strict quality criteria and that it has passed all technical and aesthetic controls.
In order to stand behind the quality of its goods, Breitling will replace any items which it considers to be defective in accordance with the terms set out below.
9.1 PRODUCT VERIFICATION AND NOTIFICATION
As the Customer or the Recipient of the Gift, you are required to verify the condition of your Breitling Product on delivery in accordance with clause 5.2 (above),
- Within fourteen (14) days:
If, as the Customer or the Recipient of the Gift, you notice any damage on delivery or any defect within fourteen (14) days of receipt of the Product, please notify the Breitling Concierge Service without delay at the following address : (firstname.lastname@example.org) or by phone (+61 2 8224 0600).
- At a later time:
For any damage or defect noticed later, you, as the Customer or the Recipient of the Gift, must inform the Breitling Authorized Service Centers. Please refer to the section “My watch needs a service” of our Website to find your nearest Service Center.
Failure to comply with the above may void your right to make a claim under this defects policy.
9.2 PROCESS FOR RETURN OF DEFECTIVE PRODUCT
If, within 14 days following receipt of the Breitling Product, you notice that the Product appears damaged or has any defect whatsoever, please contact Breitling's Concierge Service at the following address (email@example.com) or by calling the following number (+61 2 8224 0600) and then return the Product to us in accordance with the return process as indicated in section 7.1.(with the exception of the requirements mentioned under “Important notice”).
Should you notice any apparent defect or damage at any time after 14 days of receipt of your Breitling Product, then please contact your nearest Breitling Authorized Service Center, which can be found under the section “My watch needs a service” of our Website, and follow the return rules communicated by the Breitling Service Centre.
9.3 REMEDIES FOR DEFECTIVE PRODUCT
Following compliance by you with the relevant process set out in clause 9.1 and 9.2, if your Breitling Product is determined to be defective by Breitling, Breitling offers you, or the Gift Recipient, one of the following remedies:
- The repair of the Product at no additional cost to you (including labour costs and spare parts), or
- The replacement of the Product with an identical Breitling Product in the exact same size, subject to availability, or
- The replacement of the Product with a different 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, or
If the repair results in a manifestly disproportionate cost to Breitling or the replacement is impossible due to the unavailability of replacement Product, Breitling may, at its sole discretion, decide on the most appropriate remedy.
In addition to the specific rights you have under Breitling’s 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.”
For any enquiries concerning repairs you are invited to contact our Breitling Authorized Service Centers or refer to the section “My watch needs a service” of our Website.
11. ACCURACY OF PRICING AND PRODUCT DESCRIPTIONS
While Breitling endeavors to verify the correctness of any information it places on its Website, in advertisements or catalogues or by the Concierge Service, it makes no warranties, whether expressed or implied, in relation to the accuracy, reliability and completeness of such information other than to the extent provided under the Australian Consumer Law.
Breitling only confirms the price of a Breitling Product with the issuance of an order confirmation, indicating the existence of a binding sales contract. If a Breitling Product's correct price is higher than the price posted on our Website, Breitling will either contact you for instructions before shipping the order or automatically cancel the order and notify you of such cancellation.
Breitling Product descriptions, photographs and graphical representations displayed on the Website and in catalogues are for illustrative purposes only. Where the product supplied does not match its description on the Website or in a 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.
12. GENERAL PROVISIONS
If certain provisions of these Conditions 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, Australia law including that which is not provided for in these Conditions of Sale.
Without limiting the scope of these Conditions of Sale, no request whatsoever concerning delivered products, the non-delivery of products or any other request may exceed the amount of the purchase price of the product(s) which led to a claim for damages. In no event shall Breitling be held liable for losses not foreseeable by both parties when the contract was formed or losses not caused by Breitling of any kind arising in connection with its products, their use, their sale or this Website.
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 product as a gift, the recipient of your gift will have the benefit of the applicable international warranty.
13. APPLICABLE LAW AND JURISDICTION
These Conditions of Sale shall be governed by and construed in accordance with the laws of New South Wales, Australia without reference to conflict of law provisions. 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 Oceania 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 – 1th of December, 2020