GENERAL CONDITIONS OF SALE FOR ECOMMERCE AND CONCIERGE SERVICES OF BREITLING SWITZERLAND

GENERAL CONDITIONS OF SALE FOR ECOMMERCE AND CONCIERGE SERVICES OF BREITLING SWITZERLAND

WELCOME TO OUR SWISS E-BOUTIQUE

1. APPLICABILITY

The following conditions and any other related terms made available as provided herein (the "General Conditions of Sale") shall apply to all sales of Breitling Products that you (the "Customer") may order from Breitling Switzerland SA, Bahnhofstrasse 39, 2540 Grenchen, VAT number CHE-285.737.564 (“Breitling”) either (a) on the Internet via Breitling's Website, under the URL "www.breitling.com/ch" (the "Website") or (b) via the Concierge Service of Breitling which can be contacted by phone (+41 31 547 91 83) (the "Concierge Service").

These General Conditions of Sale apply solely to sales made online through the Website or the Concierge Service by individuals who have a shipping address in Switzerland or Liechtenstein. These General Conditions of Sale do not apply to sales conducted through Breitling retail boutiques and/or through authorized retailers.

The General Conditions of Sale are applicable to any order placed through the Website or the Concierge Service. When you place an order and check the "I have read and I accept the General Conditions of Sale" box at the payment section of the Website, you indicate your acceptance of these General Conditions of Sale. If you refuse to accept these General Conditions of Sale, you will not be able to order any Breitling products from the Website or the Concierge Service.

When using the Website or the Concierge Service, you will be considered, by virtue of such use, to have agreed to be bound by these General Conditions of Sale, by our Website Terms of Use and by our Privacy Policy. Customers using the Concierge Service can access Breitling’s Privacy Policy at www.breitling.com/ch-en/privacy-policy.

From time to time, Breitling may modify these General 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 brought to the General Conditions of Sale, you should contact the Concierge Service to stop your interaction with us and 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 legal majority, (b) have legal capacity to enter into contracts and (c) have a shipping address in Switzerland or Liechtenstein. Only individuals are eligible to purchase Breitling Products on this Website. 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 General 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 confirm that you are purchasing the Breitling Products in good faith and will not purchase, deliver, sell or otherwise distribute Breitling Products for commercial purposes or for any commercial benefit.  Breitling Products may be purchased for yourself or for the benefit of another individual to whom you are making a gift (“Gift Recipient”).

2.2. PRODUCT AVAILABILITY

Breitling reserves the right to modify 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 (+41 31 547 91 83) which 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 the age of majority.

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 with a one-time password in order to create a permanent account login and a new password. The personal information you submitted in registering for your online account will be provided to you in a subsequent email. You are responsible for ensuring that your account credentials, including your password are kept secret and secure. Breitling will not be held responsible or liable for the misappropriation or any misuse of your account resulting from a third party's access to and use of your password and account login.

Our Privacy Policy will inform you on how we use your personal information. If you select the "Guest Checkout" option on the Website, no online account will be created, and we will only use your personal information for the purpose of processing your order.

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 or notify Breitling at the following e-mail address: info.ch@breitling.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 my basket" button to place this product in your shopping basket. You may continue shopping for other products and add them to your shopping basket (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 basket.

Please carefully review your orders on the payment page, click on "I have read and I accept the General Conditions of Sale" and finalize the order by clicking on "Purchase”.

If you prefer to place an order by telephone through the Concierge Service (+41 31 547 91 83), the Breitling Concierge will complete the order process on your behalf. Any inquiries and questions may also be directed per email to the Concierge Service (info.ch@breitling.com).

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 warrant 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 at any moment and at its sole discretion. This can occur if there is an ongoing dispute concerning payment of a prior order or if Breitling suspects a violation of these General Conditions of Sale.

2.5. 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.

2.6. 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 inquiries regarding your order. This order acknowledgement does not constitute acceptance of your order by Breitling, nor create a contract between you and us.

When ordering by telephone through the Concierge Service, you will also receive by email these General Conditions of Sale along with the order acknowledgement. You are invited to carefully review these General 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.

3. PAYMENT

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 Swiss Francs and include the applicable VAT, but exclude shipping costs and other taxes unless otherwise stated.

Breitling reserves the right to change or adapt prices and shipping costs at any time without prior notice. The price of a product and shipping costs displayed on the Website or quoted by the Concierge Service will be confirmed by Breitling in the corresponding order confirmation.

Actual delivery costs and 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) (“the Purchase Price”).

Note that changes to applicable law related to the VAT and the sale taxes may occur between the date your order is placed and the date the product is shipped. We will contact you and ask that you reconfirm your purchase if the resulting change is an increase in the VAT or sales tax you are charged

Such costs and taxes 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

Payment has to be made before the shipment of the Breitling Products, either by credit card (Visa, Mastercard, AMERICAN EXPRESS, JCB, Diner's Club, Discover, PostFinance), or by PayPal or SOFORT.

For Website orders, you will need to enter your payment details in or into the appropriate form. Credit and debit card information will be processed by a third-party processing entity. Breitling and its third-party processing entities undertake to employ all reasonable measures to process, store and maintain your information in compliance with applicable law as further provided in Breitling’s Privacy Policy.

For orders through the Concierge Service, you will need to communicate to the Breitling Concierge your credit card number and your security code printed on your card (CVV2/CVC2/CID). Your telephone conversation may be recorded for security and quality control purposes. Any credit card information recorded in a telephone conversation will be fully encrypted and used for the sole purpose of processing the transaction.

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 credit card check to transmit or to obtain information (including any updated information) about you to or from third parties for the purpose of processing your credit card transaction, including but not limited to your credit-card number, to authenticate your identity, to validate your credit card, to obtain an initial credit card authorization and to authorize individual purchase transactions.

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 card will be charged the full Purchase Price.

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

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.

- 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 after the issuing of the email with the order confirmation, but please note that these times are purely indicative. Breitling will endeavor its best efforts 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/ch or through the Concierge Service at +41 31 547 91 83 are limited to the territories of Switzerland and Liechtenstein. You, as the Customer, must provide to Breitling a delivery address in Switzerland or in Liechtenstein and you are invited to indicate during the checkout process your preferred time slot of delivery (taking into account above indicative delivery times).

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 Swiss Post AG.

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 eWarranty 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.

5.2. RECEPTION AND VERIFICATION OF THE BREITLING PRODUCTS

Breitling will use reasonable efforts to insure each purchased Breitling Product during the time it is in transit until it is delivered to you. We require the collection of an adult’s signature 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 fulfillment 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 case of apparent breakage or visible defects or damages to the package or to the Breitling Product. Please also notify Breitling Concierge Service immediately at the following address : info.ch@breitling.com or by calling the following number: +41 31 547 91 83.

6. RIGHT TO CANCEL THE CONTRACT

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.

To cancel the contract and return your Breitling Product(s), you must contact our Concierge Service and follow the instructions that will be given to you, or send us an unequivocal statement such as an e-mail to info.ch@breitling.com.

7. RETURNS

A Customer or Gift Recipient may return Breitling products in accordance with Breitling return rules. Returns that do not respect the conditions and timeframes set forth in clauses 7.1 to 7.4 may be refused by Breitling and will be sent back to the Customer or Gift Recipient, as the case may be, to the respective shipping address of the intial product order.

7.1. TIMEFRAME TO RETURN BREITLING PRODUCTS

The Customer or Gift Recipient is allowed to return Breitling Products purchased on the Website or through the Concierge Service following the purchase order subject to the further conditions set forth in clauses 7.1 to 7.4.

7.2. PROCESS TO RETURN BREITLING PRODUCTS

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 +41 31 547 91 as per clause 6 above. 

- 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. 

- 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 eWarranty card and all other documents in its original box within the initial delivery package.

- Seal the delivery 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)

- Send it to the address indicated on the return label that you have obtained from the Breitling Concierge.  

- Bring the delivery package to any Swiss Post Office and keep the confirmation receipt.

- When Breitling receives the returned package at its Customer Service Center, an email will be sent to you.

Important Notice:

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 returns if the Breitling Product shows signs of wear or has been used or altered from its original condition in any way.

When the Customer or Gift Recipient decides to return a purchased Breitling Product within the fourteen (14)-day period, Breitling will carry a policy of insurance on the returned merchandise under the conditions that  the return is authorized through the above conditions under clause 7.2 and was made using the Swiss Post shipping label obtained from Breitling. Otherwise, Breitling is under no obligation to maintain insurance and the safe shipment of any Breitling Product 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 in the event that such proof cannot be produced. Refunds are eligible only for merchandise returned to the address 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, 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, 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 use reasonable efforts to credit the refund to the Customer's credit card. or Paypal/SOFORT account, no later than fourteen (14) days after receipt of the returned item by Breitling Customer Service Center.

7.3. EXCEPTIONS TO THE RETURN OF A PRODUCT

Breitling Products that have been customized or engraved cannot be returned to Breitling for refund.

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.

7.4. 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.

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.

If your Breitling Product is determined to be defective by Breitling, Breitling will propose you (or the Gift Recipient) the following options:

- We send you the same Breitling Product in the exact same size, subject to availability, or

- 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.

8. REPAIRS BY BREITLING

Any manufacturing defect is covered by an international warranty, as specified on our Website. 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. Please contact us by emailing info.ch@breitling.com or by calling +41 31 547 91 83.

9. ACCURACY OF PRICING AND PRODUCT DESCRIPTIONS

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

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 cancel the order and notify you of such cancellation.

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, in no event will Breitling be liable for damages other than actual direct damages proven in court of law.

Breitling will make every effort to ensure that the Breitling Product descriptions, photographs or graphical representations displayed on the Website or in a catalog 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. 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.

10. GENERAL PROVISIONS

In the event that certain provisions of these General 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 Swiss law including that which is not provided for in these General Conditions of Sale.

These General of Sale constitute the entire agreement between you and us in relation to the order of products or services, 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.

Without limiting the scope of these General 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 products which led to a claim for damages. In no event shall Breitling be held liable for indirect, incidental or consequential damages 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 General 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.

11. APPLICABLE LAW AND JURISDICTION

These General Conditions of Sale shall be governed by and construed in accordance with the laws of Switzerland without reference to conflict of laws provisions. Any dispute, controversy or claim arising out of or in relation to the General Conditions of Sale, including the validity, invalidity, breach or termination of the General Conditions of Sale, shall be arbitrated in accordance with the General Conditions of Sale.

You may bring proceedings against us either in the courts of Solothurn, Switzerland or in the Swiss canton or in the country where you are domiciled. We may also bring proceedings against you in the courts of the Swiss canton or the country where you are domiciled.

Without any restriction to bring proceedings before a court, you and Breitling Switzerland 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 General Conditions of Sale or any breach thereof.

Breitling Switzerland AG - 1 March 2019