TERMS & CONDITIONS OF SALE FOR ADDITIONAL SERVICES

1.    APPLICABILITY 

The following conditions and any other related terms made available as provided herein (“Terms of Sale for Services” or “TSS”) shall apply to additional services as provided by Breitling to its customers (“Breitling Services”) that you, acting as a consumer, (also referred to as the “Customer(s)”) may order from Breitling Canada Inc., a corporation duly incorporated under the laws of the Province of Ontario having its head office at 250 Bloor Street East, Suite #101, Toronto, Canada, M4W 1E6 (referred to as “us”, “our”, “we” or “Breitling”) on the Internet via Breitling's website, under the URL “https://www.breitling.com/zz-zz/service/” (“Website”). 

Only if either expressly stated below and/or communicated to you separately in the specific Breitling Boutique, certain Breitling Services may also be offered for purchase to Customer(s) via the Concierge Service of Breitling (“Concierge Service”) and/or within a dedicated Breitling Boutique, for which in either case the Terms of Sales for Services apply accordingly. 

The Concierge Service of Breitling can be contacted by phone in each country into which Breitling is selling to. You can find a list with the specific country numbers and further contact information here: https://www.breitling.com/zz-zz/store/services/contact/ 

The Terms of Sale for Services apply solely to any order for a specific service below, made online through the Website or, if applicable, through the Concierge Service, to natural persons residing in Canada. 

From time to time, Breitling may modify the Terms of Sale for Services at its sole discretion. 

Breitling will announce such modifications where required by law, but please also check our Website on a regular basis to be informed of any changes. If you do not wish to be bound by any announced amendments to the Terms of Sale, you should contact Breitling’s Concierge Service to stop your interaction with us and refrain from making any online orders through the Website or the Concierge Service after the effective date of the changes. 

Orders placed before the effective date of certain changes to the Terms of Sales for Services will not be affected by these changes. 

2.    ORDERING BREITLING SERVICES 

2.1     ELIGIBILITY TO PURCHASE 

Individuals ordering Breitling Services on the Website or through the Concierge Service must (a) have reached the age of majority in the province in which they reside, (b) have legal capacity to enter into contracts and (c) reside in Canada. Legal entities are excluded. If you are under the age of majority or otherwise cannot lawfully enter into a contract, only your parent or guardian can place an order on your behalf and thus consent to these Terms of Sale. Any orders contrary to this provision will be null and void. 

By placing an order on the Website or through the Concierge Service, you guarantee that you are purchasing Breitling Service in good faith and will not purchase, deliver, sell or otherwise distribute Breitling Service for commercial purposes or for any commercial benefit. Breitling may refuse the order if it believes, in its sole discretion, that an order would contravene this statement or that you are involved in fraudulent or grey market activities. 

2.2    AVAILABILITY OF SERVICES 

Breitling reserves the right to change the selection of Breitling Services available on the Website or through the Concierge Service at its sole discretion at any time. All orders placed on the Website or through the Concierge Service are subject to availability and final acceptance and confirmation by Breitling. 

You will find information regarding Breitling Services at https://www.breitling.com/zz-zz/service/ or through our Concierge Service. 

2.3    PROCESSING YOUR ORDERS 

Please carefully review your order on the ordering page of the checkout and click on the “CONFIRM MY ORDER AND PAY” or similar button. 

You may be invited to provide additional personal information when placing an order on the Website or through the Concierge Service, such as shipping and/or billing address, payment details, or information to verify your identity. You confirm that all personal information given to Breitling is true and accurate. Breitling or its third-party providers may collect additional information for security and anti-fraud purposes. 

Notwithstanding anything to the contrary provided for herein, and to the extent permitted by applicable law, Breitling reserves the right to refuse, cancel, and terminate orders at any moment and at its sole reasonable discretion. For instance, if there is an ongoing dispute concerning payment of a prior order or if Breitling reasonably suspects a violation of these Terms of Sale. 

2.4    ORDER VERIFICATION  

You are responsible to verify and confirm all details on the payment page before placing your order through the Website, including without limitation the specific details of each order. When placing an order through the Concierge Service, you will subsequently receive an email asking you to confirm the details of your order. Once you have confirmed, your order will be finalised. 

2.5    ORDER ACKNOWLEDGMENT 

Breitling will send the Customer an order acknowledgment by email, once the order is placed on the Website or through the Concierge Service, acknowledging the details of your order. This order acknowledgment contains an order number assigned by Breitling that you can use for future enquiries regarding your order. This order acknowledgement neither constitutes the final acceptance of your order by Breitling, nor does it create a contract between the Customer and Breitling. 

When ordering by phone through the Concierge Service, you will also receive by email these Terms of Sale for Services along with the order acknowledgement. 

2.6    ORDER CONFIRMATION 

Following completion by Breitling of its anti-fraud, security and related legal checks and subject to product availability, Breitling will send the Customer by email a written order confirmation within 2 weeks of receiving the order. The order confirmation constitutes the acceptance of your order by Breitling and forms a binding contract between Breitling and yourself. If you have not received an order confirmation within two weeks, your order will be deemed to be rejected. 

2.7    COMMENCEMENT AND DURATION OF SERVICES 

Each Breitling Service will be provided to the Customer for a duration as set out in the specific service information and/or service description, provided to you on the website and/or during the order and checkout process. 

3.    SERVICES 

3.1 WARRANTY EXTENSION 

Breitling is offering to you the possibility to purchase an extension of Breitling International Warranty and/or Breitling International Manufacture Movement Warranty on https://www.breitling.com/zz-zz/service/warranties (each referred to as “Breitling Warranty Extension”), covering your Breitling watch or chronograph against any manufacturing defect for an additional period of time as set out under the “EXTENDED INTERNATIONAL WARRANTY TERMS”, available on https://www.breitling.com/zz-zz/service/warranties/. 

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

Breitling Warranty Extension can only be purchased for a Breitling watch and/or chronograph which is still under valid Breitling International Warranty and/or Breitling International Manufacture Movement Warranty. 

Breitling Warranty Extension is a one-time extension only and cannot be combined with a second Breitling Warranty Extension for the same Breitling watch and/or Breitling chronograph. 

For Breitling Warranty Extension, same Exceptions as for Breitling International Warranty and/or Breitling International Manufacture Movement Warranty apply. 

For the Warranty Extension, the price as applicable on the date of purchase, displayed to you at the check-out and confirmed by Breitling in your order confirmation e-mail, applies. 

3.2 INSURANCE FOR YOUR BREITLING PRODUCT 

In several countries, Breitling is pleased to offer to you the option to purchase an insurance, covering your Breitling product against different kind of risk (usually incl. damage, theft and loss, provided scope of coverage is not different for the insurance service offered in your specific country) (“Insurance Service”). 

The Insurance Service, if available in your country, is offered by the third-party company available in your country of residence, which is independent of Breitling. 

Breitling is working with duly selected third-party Insurance companies, that may change from one country to the other. 
Hence, Breitling does not know and has no access to information that a Customer may share with the third-party company in exploring the option of purchase such Insurance Service. 

Breitling is not responsible for any third-party services that a Customer may choose to employ in connection with their Breitling purchase. The Insurance Service is subject to their own terms and policies only. 

Customers interested in exploring options to purchase an Insurance for their Breitling product may visit the website of the third-party insurance company available in their country, to learn about the requirements and the specific terms that may apply. 
By choosing the option to purchase the Insurance Services offered to you on the Breitling website, you will be redirected to the website of the insurance company available in your country of residence, if any. 

If available in your country of residence, the option to purchase Insurance Service will be shown to you on the dedicated page #BreitlingService which you can find here https://www.breitling.com/zz-zz/service/insurance/. 

3.3 EXTRACT FROM THE ARCHIVE

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

Watch model reference;

Watch serial number;

Your contact details; and

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

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

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

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

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

4.    PAYMENT 

4.1.    INFORMATION ABOUT PRICES, TAX AND DELIVERY COSTS 

Breitling reserves the right to change or adapt prices for Breitling Services without specific prior notice on the Website. If the price of a Breitling Service displayed on the Website or quoted by the Concierge Service changes prior to the order confirmation (by Breitling), Breitling will inform the Customer prior to the order being concluded (to take instruction from you as to whether you still wish to proceed with the order). 

Actual costs and prices including applicable taxes will be indicated on the payment page before you are invited to confirm and place your order (in the case of a Website order) or will be quoted by the Breitling Concierge (in the case of a telephone order) (“Purchase Price”). 

Please note that changes to tax laws may occur between the date your order is placed and the date of our order confirmation. We will contact you and ask that you reconfirm your purchase if this results in increased VAT or sales tax being charged. You are free to reject our offer to purchase under the new conditions. 

Such costs and taxes will be indicated on your order confirmation email and on your invoice. 

4.2.    PAYMENT METHODS 

4.2.1.  BANK TRANSFER / CREDIT / DEBIT CARDS / INVOICE 

Payment can be made either by bank transfer or by credit/debit card, like Visa, Mastercard, AMERICAN EXPRESS, JCB, Diner's Club, Discover. The available supported payments cards and methods are shown to you at the check-out page. 

Invoice payment may be available in some countries and will be specified on the check-out page where available. 

Payment may be processed by a third-party processing entity. For orders through the Concierge Service, you will need to communicate your credit card number and security code (CVV2/CVC2/CID) to the Concierge. For security reasons and quality control, the telephone conversation may be recorded. Credit card information that is recorded during a telephone call is fully encrypted and used only for the purpose of processing the transaction. 

All credit/debit card holders are subject to verification, validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment to Breitling, you need to contact your card issuer directly to resolve the issue. Breitling will not be liable for delay or non-delivery in case of issues related to third party payment services. 

The full amount of the Purchase Price will be reserved on your credit card until your order is shipped to the shipping address you have provided to Breitling, at which time you will be sent an order confirmation email and your credit or debit card will be charged the full Purchase Price. Where required by applicable law, we will offer at least one additional means of payment which allows payment in instalments or in arrears. 

Breitling takes precautions, such as administrative, technical, and physical measures to protect your personal information against loss, theft, and misuse, as well as against unauthorised access, disclosure, alteration, and destruction. Where personal information is collected on webpages, Breitling uses Secure Sockets Layer (SSL) encryption. Note however that transmitting information over the Internet is not completely secure. Although Breitling will exercise reasonable care and implement safeguards to protect your personal Information, we cannot guarantee the security of the data you transmit to the Website. Any transmission is at your own risk and Breitling cannot be held liable. 

4.2.2 ADDITIONAL ONLINE PAYMENT METHODS 

You may also have the option to pay by using additional online payment methods like PAYPAL or GOOGLE PAY under the conditions specified by each payment system. The available supported payments methods are shown to you at the check-out page.

5.    RIGHT OF WITHDRAWAL 

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

6.    ACCURACY OF PRICING AND SERVICE DESCRIPTIONS 

While Breitling endeavours to verify the correctness of any information it places on its Website, in advertisement or catalogue or by the Concierge Service, it makes no warranties of any kind, whether express or implied, in relation to the accuracy, reliability and completeness of such information. 

Breitling only confirms the price of a Breitling Service with the issuance of an order confirmation, indicating the existence of a binding sales contract. If a Breitling Service’s correct price is higher than the price posted on our Website, Breitling will inform you of the correct price and conditions and will request you to confirm the purchase on these terms. You are free to reject the purchase offer on the new terms. 

Information on the Website or obtained from the Concierge Service is provided on an “as is” and “as available” basis without any representation or endorsement made, and Breitling makes no warranties of any kind, whether express or implied, in relation to such information, or any transaction that may be conducted on the Website or through the Concierge Service including, but not limited to, the implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, reasonable care and skill, or non-infringement. Breitling will not be liable for any damage other than actual, direct damage that can be proven in court. 

Breitling will make every effort to ensure that the Breitling Service descriptions, photographs or graphical representations displayed on the Website or in a catalogue are as accurate as possible. Nevertheless, Breitling does not warrant that such materials or other content is error-free, whether as a result of inaccuracy, omission, desuetude or otherwise. Unless otherwise prescribed by federal law, the Customer's sole remedy in the event of any such error is to return the product as set forth in the return conditions stated above. 

7.    GENERAL PROVISIONS 

If certain provisions of these Terms of Sale for Services are declared void or partially invalid, the other clauses shall remain unaltered in their force and effect. The invalid provisions are replaced by the applicable legal provisions as provided by the Breitling Conditions of Sale. 
Your order, our order confirmation and these Terms of Sale for Services are the complete agreement between you and us in relation to the order of Breitling Services and replace and override any verbal or written previous representations, warranties, conditions, undertakings or agreements, except as otherwise required by law 
By sending the order, you confirm that you have read, understood and accept this Terms of Sale for Services. 

The waiver by us of a breach of any provision of these Terms of Sale for Services will not operate and/or be interpreted as a waiver of any other or subsequent breach. 
This contract is between us and you. No other person shall have any rights to enforce any of its terms. However, if you purchase a product as a gift, the recipient of your gift will have the benefit of the applicable international warranty. 

8.    APPLICABLE LAW AND JURISDICTION 

These Terms of Sale shall be interpreted in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein without regard to its conflict of laws provisions or choice of law rules. These Terms of Sale shall not be subject to the United Nations Convention on Contracts for the International Sale of Goods. 

To the maximum extent permissible by applicable laws, any claim, dispute, or controversy (whether in contract, tort or otherwise, whether pre-existing, present or future, and including, but not limited to, statutory, common law, intentional tort and equitable claims) arising from or relating to the Breitling Services, the interpretation or application of these Terms of Sale or the breach, termination or validity thereof, and/or the relationships which result from these Terms of Sale (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories hereto) (collectively, a "Claim") WILL BE RESOLVED, UPON THE ELECTION OF BREITLING, EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION. Arbitration is a process established by law that allows parties to a transaction to agree to resolve their disputes by an independent arbitrator, rather than by a judge and jury.. If arbitration is not chosen, the Claim shall be submitted to the exclusive jurisdiction of the provincial courts in the Province of Ontario, City of Toronto.. Further, to the maximum extent permitted by applicable law, Customer will not have the right to participate as a representative or member of any class of claimants pertaining to any Claim. Notwithstanding any choice of law provision included in these Terms of Sale, this arbitration agreement is subject to the  Arbitration Act, 1991 (Ontario)except as where the Arbitration Act conflicts with this section, in which case this section shall govern. The arbitration will take place exclusively in the City of Toronto in the Province of Ontario. Any court having jurisdiction may enter judgment on the award rendered by the arbitrator(s). To the maximum extent permitted by applicable law, each party involved will bear its own cost of any legal representation, discovery or research required to complete arbitration. The existence or results of any arbitration will be treated as confidential. 

Notwithstanding anything to the contrary contained herein, all matters pertaining to the collection of amounts due to Breitling for the sale of Breitling Services will be exclusively litigated in court rather than through arbitration. 

In the event of any Claim, the prevailing party shall be entitled to additionally recover reasonable legal expenses and costs, including lawyer’s fees, from the other party. 

Last Revised: 9th of March 2021