Terms & conditions

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.

2.9. PRE-ORDER

  1. The Special Edition AVI Ref. 765 1953 Re-Edition is available only in a limited number of 1953 watches. You acknowledge that Breitling may not be able to fulfil your pre-order.
  2. We ask you to make a down payment of 30% of the retail sales price (excluding VAT and shipping costs) when placing the pre-order.
  3. When the watch becomes available for shipping, we will inform you thereof by email. Our email will include a link to an online secured payment platform.
  4. You will have 7 days from receiving our email to confirm your order, by paying the balance of the purchase price and shipping costs, as the case may be. The payment of the balance will have to be effected by credit card, PAYPAL on the online secured payment platform.
  5. If you do not pay the balance of the purchase price within 7 days, Breitling reserves the right to cancel your pre-order without further notification. In such case, Breitling will credit back on your credit card or PAYPAL account the down payment made at the time of the pre-order.
  6. Breitling will accept full purchases until May 31, 2020. Any pre-order not confirmed by payment of the balance of the purchase price on or before May 31, 2020 will be cancelled. Breitling will in such case credit back on your credit card or PAYPAL account the down payment made at the time of pre-order.
  7. If no Special Edition Watch is available so that Breitling is not in a position to offer you to confirm your pre-order, Breitling will inform you hereof by email, and will credit back on your credit card or PAYPAL account the down payment made at the time of pre-order.
  8. You will not be entitled to any compensation or remedy in case of cancellation by Breitling of your pre-order, whatever the reason.
  9. You will have the possibility to cancel your pre-order at any time by sending an email clearly stating your cancellation to the Client relation center. Breitling will in such case credit back on your credit card or PAYPAL ACCOUNT the down payment made at the time of pre-order.

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

3.2.1 BANK TRANSFER/ CREDIT / DEBIT CARDS

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

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.

3.2.2 ADDITIONAL ONLINE PAYMENT METHODS

You may also have the option to pay by using additional payment methods like PAYPAL, SOFORT 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.

3.2.3 FINANCING THROUGH BOB FINANCE, BRANCH OF VALORA SCHWEIZ AG – A THIRD PARTY FINANCE 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 installments.

This option is offered through Bob Finance, branch of Valora Schweiz AG which is a third-party finance company independent of Breitling. Hence, Breitling does not know and has no access to information that a Customer may share with Bob Finance, branch of Valora Schweiz AG in exploring a financing option.

Customers interested in exploring financing options for watch purchases may visit Bob Finance, branch of Valora Schweiz AG website (https://bob.ch/) 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 Bob Finance, branch of Valora Schweiz AG.

When choosing the third-party financing option on the check-out page, you will be redirected to BOB Finance website.

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). Depending on availability (if any), you may also choose a Breitling Boutique or another store as indicated by Breitling within Switzerland as delivery address (the "Collection Point") where you can collect the purchased Breitling Product (the "Collect Option").

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.

In case the Collect Option has been chosen, 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 (the "Collection Notification").

In case the Collect Option has been chosen, the Customer can collect the Breitling Products ordered at the Collection Point within a period of 14 days as of the Collection Notification (the "Reservation Period"). If the Customer does not collect the Breitling Products ordered within the Reservation Period, the order of the Breitling Products is automatically deemed to be withdrawn by the Customer. Accordingly, any relevant sales contract is deemed null and void. As a consequence, Breitling has no longer any obligation to sell the respective Breitling Products to the Customer and any amounts paid by the Customer will be refunded to the Customer. Please note that this withdrawal option is in addition and not a substitute to the withdrawal right mentioned in clause 6 below.

When collecting the Breitling Products ordered at the Collection Point, the Customer or her/his mandated third party (which has to show a written mandate and a copy of the identity card of the Customer) has to sign a confirmation paper and identify itself with a valid identity card or in a suitable manner as further determined by Breitling and/or the Collection Point. Breitling and/or the Collection Point have the right to take a copy of the identity card of the Customer or the mandated third party and store it in line with their applicable data privacy policies.

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 / WITHDRAWAL RIGHT

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 or to the following address:

BREITLING SWITZERLAND AG
Bahnhofstrasse 39
2540 Grenchen
Switzerland

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 83 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. The time limit is met if the Customer notifies Breitling of the withdrawal or submits the withdrawal notice to the post office on the last day of the return period.

- 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 or, as an alternative, a Breitling Boutique or another store within Switzerland as indicated by the Breitling Concierge (if any) 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 - August 26th 2021

TERMS & CONDITIONS OF SALE FOR ADDITIONAL SERVICES

1.    APPLICABILITY

The following conditions and any other related terms made available as provided herein (“Service Terms 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 Switzerland SA, Bahnhofstrasse 39, 2540 Grenchen, VAT number CHE-285.737.564 (referred to as “us”, “our”, “we” or “Breitling”) on the Internet via Breitling's website, under the URL https://www.breitling.com/ch-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, 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 https://www.breitling.com/zz-zz/store/services/contact/.

The Services Terms 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 with a delivery address in Switzerland.

From time to time, Breitling may modify the Service Terms 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.

These Service Terms may refer to additional terms and conditions and any other related terms of a specific service. To the extent that there is any conflict or inconsistency between these Service Terms and any additional terms, the additional terms will prevail.

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

Customers must (a) act as consumers, (b) have reached either the age of 18 years or the minimum required age for legal majority in your country of residence, and (c) have the legal capacity to enter into contracts. If you are under the age of 18 years or below the required age for legal majority in your country of residence or otherwise cannot lawfully enter into a contract, only your parents or guardian can place an order on your behalf. Any orders contrary to this provision will be null and void.

2.2    AVAILABILITY OF SERVICES

Breitling reserves the right to change the selection of Breitling Services (including any third-party 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 and third-party services that are currently available on the dedicated “#BreitlingCare” page of the Website available at https://www.breitling.com/ch-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 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 for any services 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.

2.5    ORDER ACKNOWLEDGMENT

Breitling will send the Customer an order acknowledgment by email once the order 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 Service Terms along with the order acknowledgement.

2.6    ORDER CONFIRMATION

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

2.7    COMMENCEMENT AND DURATION OF SERVICES

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

3.    Services

3.1 Warranty Extension

Breitling is offering the Customer the possibility to purchase an extension of Breitling International Warranty and/or Breitling International Manufacture Movement Warranty on  https://www.breitling.com/ch-zz/ (jointly 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/ch-zz/service/international-warranty/.

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

Breitling Warranty Extension is an additional service which you can only purchase 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 of the date of purchase, displayed to you at the check-out and confirmed by Breitling in your order confirmation email, 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 the information that a Customer may share with the third-party company in exploring the option of purchase of 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.    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 payment 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, prior to your consent only. 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, SOFORT 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 right to cancel any contract for Breitling Services, which is concluded online or by phone, within 14 days after the date on which the contract is concluded, for your convenience (right of withdrawal). However, certain services may be provided upon the Customer's explicit request with immediate effect.

Subject to the Customer's prior express consent, such services shall be excluded from the right of withdrawal.

5.1. RIGHT OF WITHDRAWAL

In principle, you have the right to cancel the contract concluded through our written order confirmation without giving any reason, fourteen (14) days from the day on which the relevant service contract is concluded.

In order to exercise your right of withdrawal, you must send us a clear statement (e.g. a letter sent by post or email to Switzerland SA, Bahnhofstrasse 39, 2540 Grenchen, email: info.ch@breitling.com informing us about your decision to make use of your statutory right of withdrawal. Once received by Breitling, you will receive an email confirming your statement of withdrawal. In order to do so, you may use the below model withdrawal form, but this is not mandatory. Alternatively, you may contact the Concierge Service via phone by calling the specific service number provided for your country. You can find a list with the specific country numbers and further contact information here https://www.breitling.com/zz-zz/store/services/contact/.

Breitling will refund the purchase price immediately after receipt of the Customer's notice and no later than fourteen (14) days from that date. The payment details used for the order will also be used for the refund, unless indicated otherwise by the Customer.

5.2 MODEL WITHDRAWAL FORM

Model Withdrawal Form
(complete and return this form only if you wish to withdraw from the contract)

–    To Breitling Switzerland SA, Bahnhofstrasse 39, 2540 Grenchen email: info.ch@breitling.com
–    Hereby I/we (*) give notice that I/we (*) withdraw from my/our (*) contract of sale of the following services (*)
–    Ordered on (*)/received on (*)
–    Customer name(s)
–    Customer address(es)
–    Customer signature (only required for paper forms)
–    Date

(*) Delete where inapplicable

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.

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 Services 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 national 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 Service Terms 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 those which were not provided for in these Terms of Sale.

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

8.    APPLICABLE LAW AND JURISDICTION

These Service Terms 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 Service Terms, including the validity, invalidity, breach or termination of the Service Terms, shall be resolved in accordance with the ServiceTerms.

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 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 Service, the Service Terms or any breach thereof.

Breitling Switzerland SA- 9th March 2021

 

#BREITLINGSELECT - TERMS AND CONDITIONS

We, Breitling SA, through our affiliate Breitling Switzerland SA, Bahnhofstrasse 39, 2540 Grenchen, Switzerland, registered with the Swiss registry of commerce of Canton Solothurn, under number CHE-285.737.564 (“Breitling”, “we”, “us” and “our”) operate the website located at   https://www.breitling.com/ch-zz/  (the “Site”), currently offering to Customers domiciled in Switzerland opportunity to participate in #BreitlingSelect, an online-only offering (the “Service”) of leasing our luxury watches (the “Portfolio”) as further pursuant to the terms, conditions, policies and notices stated in the following terms and conditions (these “Terms”). We make available access to #BreitlingSelect for registered Breitling Customers via the Site, which shall consist of a selected dedicated stock of pre-owned but fully furbished watches available in connection with #BreitlingSelect Portfolio (collectively, the “Products”, and each a “Product”) to you (also referred to as the “Customer”), conditioned upon your acceptance of all of the Terms, including terms and conditions and policies referenced herein and/or available by hyperlink. The Customer also hereby agrees that any relevant parts of these Terms, to include payment methods, deliveries, and shipping/returns shall additionally incorporate and be governed by Breitling’s Conditions of Sale, available at https://www.breitling.com/ch-zz/terms-and-conditions/#conditions-of-sale; provided, that should any provisions of these Terms, or any instructions or provisions displayed to you during your interactions with #BreitlingSelect including but not limited to any prompts or language displayed during the check-out process or in any other context on our Site, directly conflict with Breitling’s Conditions of Sale, the provisions in these Terms or displayed to the Customer as stated above shall prevail.

Please read these Terms carefully before agreeing to participate in #BreitlingSelect. By leasing or purchasing any Product, you agree to be bound by these Terms. If these Terms are considered an offer, acceptance is expressly limited to these Terms.

You can review the most current version of the Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our Site. We will provide you with a notice describing such changes. If you do not agree with the changes, you may terminate your subscription to #BreitlingSelect in accordance with Section 2(c) below. These Terms do not apply to any other web page operated and/or owned by anyone other than Breitling and its affiliates.

THESE TERMS INCLUDE IMPORTANT INFORMATION ABOUT YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS, INCLUDING VARIOUS LIMITATIONS AND EXCLUSIONS, AND PROVISIONS THAT GOVERN THE PROCEDURE, JURISDICTION AND VENUE OF ANY DISPUTES. BY LEASING OR PURCHASING PRODUCTS, YOU ARE ENTERING INTO A LEGAL CONTRACT WITH US REGARDING THE PRODUCTS. YOU ALSO AFFIRM THAT YOU ARE EIGHTEEN (18) YEARS OF AGE, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS. YOU AGREE TO BE BOUND BY THESE TERMS AND ALL ADDITIONAL TERMS AND CONDITIONS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ANY PORTION OF THESE TERMS, YOU SHOULD NOT LEASE OR OTHERWISE USE THE PRODUCTS.

  1. Enrolling into the Service.
    1. Customer must register for “MyAccount” on the Site. Please note that in order for a Customer to subscribe to #Breitling Select via Breitling's Switzerland country website, you need to be in possession of a valid address of residence and/or at least a valid delivery address for Switzerland (no post box is accepted).
    2. Once having created an account and logged in through MyAccount, the Customer may register for the Service as follows:
      1. Customer makes a first selection from the available Products for the Service displayed on the Site.
      2. Customer proceeds, whereon Customer enters payment information to pay either (i) the Flat Fee and the 1st Monthly Fee, as defined in Section 4(a) hereto or (ii) the Yearly Fee, as defined in Section 4(a) hereto, as applicable depending on the applicable option chosen by the Customer. Simultaneously Breitling is sharing Customer’s available information to its background check provider for confirmation of Customer's solvency; Customer hereby understands and agrees to this procedure. If the background check results are not satisfactory to Breitling, the application to the Service will be cancelled by Breitling.
      3. Upon the background check being completed satisfactory to Breitling, payment of the Flat Fee and the 1st Monthly Fee or the Yearly Fee, as applicable depending on the option chosen by the Customer, will be processed and a confirmation email (“Enrollment Confirmation”) confirming enrollment in the Service, payment of the applicable fees, and the initial choice of Product will be sent to Customer. The Enrollment Confirmation constitutes the acceptance of the Customer’s enrollment into the Service and forms a binding contract between Breitling and the Customer.
      4. The order containing the initial choice of Product as set forth above will then be prepared and shipped to the Customer by Breitling. Upon shipment, an “Order Shipped” email will be sent to Customer.
         
  2. Term.
    1. Once the Customer has agreed to participate in #BreitlingSelect, the term during which the Customer may lease the Products shall commence upon the Customer’s first leasing a Product, beginning on the first business day following the date of the “Order Shipped” email, and shall end after a period of twelve (12) months thereto (the “Initial Lease Term”).
    2. The Customer shall have the option, for no additional fee other than the Monthly Fees or the Yearly Fee, as applicable depending on the option chosen by the Customer as defined in Section 4(a) hereto, at the end of the Initial Lease Term to extend the term for another twelve (12) month period (the “Extension Term” and together with the Initial Lease Term, the “Subscription Term”). Breitling shall provide the Customer a notice regarding such renewal no later than ninety (90) days prior to the end of the Initial Lease Term, which shall include the proposed Monthly Fees or Yearly Fee, as applicable, for the Extension Term, and the Customer shall exercise such option to extend by notifying Breitling via Customer’s Breitling account no later than thirty (30) days prior to the end of the Initial Lease Term. If the Customer exercises such option, Customer will pay the applicable Monthly Fees or Yearly Fee in accordance with these Terms.
    3. As above-referenced, these Terms may change from time to time to reflect new benefits or features of the Service, comply with applicable law and regulation, and for other commercial or operational reasons. When there are changes to the Terms, Breitling will provide Customer with a notice describing such changes. Customer shall have 30 days from receipt of such notice to accept or reject the changes to the Terms. If the Customer rejects the changes, the Subscription Term will terminate at the end of the Customer’s then-current Rotation. Provided that:
      1. If the Customer has enrolled for the Service with the Pay Per Month Option (as defined in Section 4.a.): the Customer understands that they will continue to pay the Monthly Fee until all Monthly Fees with respect to the Customer’s then-current Rotation (and any previous Rotations) have been paid in full. If the Customer returns their Product to Breitling at the end of the then-current Rotation in accordance with these Terms they will be entitled to a pro rata refund of the Flat Fee paid corresponding to what would have been the remainder of the Subscription Term from the date of receipt by Breitling of the returned Product.
      2. If the Customer has enrolled for the Service with the Pay Per Year Option (as defined in Section 4.a.), provided the Customer returns their Product to Breitling at the end of the then-current Rotation in accordance with these Terms they will be entitled to a pro rata refund of the Yearly Fee paid corresponding to what would have been the remainder of the Subscription Term from the date of receipt by Breitling of the returned Product.
      3. Breitling shall be entitled to deduct from any applicable pro rata refund any costs for damages to the returned Product or associated processing costs incurred by Breitling due to the fault of the Customer. 
        If Customer does not reject such changes to the Terms within the period stipulated above, they shall be deemed accepted and effective beginning with the Rotation following the then-current Rotation (as such term is defined in Section 3(a) hereto) or, if later, 30 days after Breitling notifies Customer of the change to the Terms.
    4. The Subscription Term may be terminated prior to its expiration as follows:
      1. if the Customer earlier purchases a Product as set forth in Section 3(f) hereto, at which point the Subscription Term shall terminate upon such purchase;
      2. Pursuant to Section 2(c) hereto;
      3. Breitling may immediately terminate the relationship with Customer under these Terms if
        1. a Product is returned damaged by fault of the Customer and the repair costs for the Product, as estimated by Breitling in accordance with Section 8, and invoiced to the Customer, are not paid within 30 days, or
        2. the Product is not sent back after the maximum duration allowed on one single Rotation, or
        3. in case of default of or a delay with payment of more than 30 days; or
        4. the #BreitlingSelect Service is generally terminated by Breitling at its sole discretion, in which case Breitling will give Customer 30 days’ notice of such termination. If Breitling terminates the #BreitlingSelect Service, the Customer shall promptly return to Breitling the Product(s) in Customer’s possession (if any) in accordance with the provisions of Section 5.b.(ii)-(iv) no later than fourteen (14) days after such termination takes effect, and the Customer will be entitled to a pro rata refund of, as applicable, (y) the Flat Fee and, only to the extent the termination takes effect prior to the end of such billing period, Monthly Fees advanced in respect of the billing period in which the termination takes effect (but not, for the avoidance of doubt, any Monthly Fees paid in respect of previous billing periods) or (z) the Yearly Fee, subject to the provisions of Section 8 which will apply to such return.
           
  3. Rotations, election to purchase Product.
    1. For each of the Initial Lease Term and Extension Term, if applicable, the Customer shall be entitled to lease up to three (3) different Products from the Portfolio, one Product following the return of the previous one; the time during which the Customer will lease each such Product shall be referred to as a “Rotation”. The selection of Products available in the Portfolio at any given point in time shall be at Breitling’s sole discretion. Breitling may also, at its sole discretion, suggest available Products to the Customer via email from time to time.
    2. Each Rotation shall be of a minimum duration of one (1) month and a maximum of six (6) months, with flexibility for the Customer to choose the timeframe of the Rotation within those parameters. In case the total duration of first and second Rotation remains below six (6) months, the duration for the 3rd Rotation will be automatically exceeded until end of the Initial Lease Term. The Customer understands and agrees that if s/he selects two 6-month Rotations during the Initial Lease Term, s/he will lose the opportunity of a third Rotation during the Initial Lease Term. The same applies for the Extension Term. During any point of a given Rotation, Breitling may at its sole discretion advertise to the Customer when the Customer re-enters the Site, or send the Customer via e-mail or other means, suggestions as to Products to choose for a future Rotation.
    3. For Products not immediately available, the Customer can inform Breitling about Customer’s interest into such Products by clicking a NOTIFY ME call-to-action in MyAccount. As soon as such Product will be back in #BreitlingSelect stock, Breitling will send an email to the Customer to inform the Customer. The Customer will therefore be able to select that specific Product for a future Rotation.
    4. The Customer shall request the beginning of a new Rotation by e-notice via Customer’s Breitling account on https://www.breitling.com/ch-zz/, for the avoidance of doubt no sooner than one (1) month and no later than six (6) months after its current Rotation began. At such time, the Customer will select from the available Portfolio their desired Product for the following Rotation. Breitling will confirm to Customer the availability of the desired Product for Customer’s next Rotation upon Customer’s request (“Rotation Request Received”). Upon receiving the Rotation Request Received notification from Breitling, Customer must return the Product of the current Rotation (complete with all its collaterals if any were shipped with the Product) such that Breitling receives the returned Product of the current Rotation within 10 business days from the Rotation Request Received time, to be returned in accordance with an email that Breitling will issue to Customer, which will include instructions to the Customer on how to return the Product to Breitling. Customer shall use the reusable packaging, which Breitling will have provided in the initial shipment of the Product of the current Rotation, to package the Product for its return. Breitling will then hold the Product for the following Rotation to send to the Customer for the 10 business days from Customer’s receipt of the Rotation Request Received notice, and will send to Customer upon its receipt of the Product for the current Rotation, provided that the Product of the current Rotation will be returned undamaged. The Customer understands that, should it take longer than the afore-referenced 10 business days for Breitling to receive the returned Product of the current Rotation, Breitling cannot guarantee that the model or Product chosen by Customer for the following Rotation will be available, and may send Customer a similar model.
    5. When the Product from the current Rotation is received by Breitling and its return accepted, a “Return Approved” email is sent to the Customer. Upon receiving the return from the Customer, it may take up to 5 business days for Breitling to check if the Product has been returned in accordance with these Terms. The “Return Approved” email will confirm that the Product of the current Rotation has been received and is compliant with Breitling return rules, and that the Product chosen by the Customer for the following Rotation will be sent out shortly. Once the Product chosen by the Customer for the new Rotation has been shipped, Breitling will send an “Order Shipped” email to the Customer, which shall mark the beginning of the new Rotation.
    6. The Customer may once during each Subscription Term affirmatively choose to purchase a Product by notifying Breitling via her/his Customer account on https://www.breitling.com/ch-zz/, and shall be charged as set forth in Section 4(c) hereto. It is understood and agreed that after the first two (2) months of the Subscription Term have passed, the Customer may choose to purchase a Product during its current Rotation (provided, that if the Customer is still within the first two (2) months of the Subscription Term they are not permitted to purchase a Product until such time has passed); or, if the Customer has progressed to a second or third Rotation, a Product from one of the prior Rotations. In addition to this, from time to time upon its sole discretion Breitling will provide to Customer personalized offers to purchase additional Products. The Customer understands that if she/he chooses to purchase a Product from a prior Rotation, the exact model of such Product may no longer be available, however, Breitling shall make good faith effort to communicate to Customer and to provide the Customer with the same style as that of the Customer’s desired Product. However, the Customer has no right to claim for the purchase of specifically the same Product (identified by its serial number) which was subject to one of his/her prior Rotations.
  4. Lease rate, purchase price; Squad Points.
    1. The Customer shall pay, depending on the option chosen by the Customer, either:
      1. Pay Per Month Option: a one-time fee (the “Flat Fee”) of CHF Four Hundred Thirty Five (CHF435) (including VAT) upon agreeing to participate in #BreitlingSelect, plus a monthly fee of CHF One Hundred Twenty Five (CHF125) (including VAT) during the Initial Lease Term and Breitling will inform the Customer of the monthly fees which will apply to the Extension Term, should the Customer wish to exercise their option to renew, prior to such renewal (the monthly fees payable during the Initial Lease Term and, if applicable, the Extension Term being the “Monthly Fee(s)”). The Flat Fee shall cover any costs associated with changes in Rotation, including return shipment fees for Products at the end of a Rotation; or
      2. Pay Per Year Option: a yearly fee of CHF One Thousand Eight Hundred Twenty Five (CHF1825) (including VAT) upon agreeing to participate in #BreitlingSelect, and Breitling will inform the Customer of the yearly fee which will apply to the Extension Term, should the Customer wish to exercise their option to renew, prior to such renewal (the yearly fee payable during the Initial Lease Term and, if applicable, the Extension Term being the “Yearly Fee(s)”).
    2. Breitling reserves the right to change the price of the Service, but any such change will not apply to ongoing subscriptions to the Service and, for the avoidance of doubt, the fees payable for the Extension Term (if applicable) will be as notified to the Customer prior to the renewal.
    3. If the Customer affirmatively chooses to purchase a Product as set forth in Section 3(f) hereto, Breitling will provide the Customer with a quote for a purchase price for such Product, which shall consist of a Breitling special offer for Customers, considering the valorization of the Squad Points defined in 4(d) hereto through the date upon which the Customer notifies Breitling of intent to purchase.
    4. Breitling will also credit Customer's MyAccount with loyalty points (hereinafter referred to as “Squad Points”). Where the Customer has enrolled for the Service with the Pay Per Month Option, one thousand (1,000) Squad Points will be credited on a monthly basis, after each payment of Monthly Fees. Where the Customer has enrolled for the Service with the Pay Per Year Option, twelve thousand (12,000) Squad Points will be credited after payment of the Yearly Fee(s). Breitling may also, at its sole discretion, proceed to credit extra discretionary Squad Points during certain time periods (e.g., Customer's birthday month); or to offer a special valuation of the Squad Points during certain time periods (e.g., Squad Points counting for twice their normal worth during a certain week or promotional event). The Squad Points, the value of which is at Breitling's sole discretion but in a manner consistently applied in a non-discriminatory manner to all Customers, will be taken into account in being applied toward reducing the total purchase price of a Product from #BreitlingSelect Portfolio that Customer may decide to purchase as further set forth in Section 3(f) herein. The Customer understands and agrees that, in effecting such a purchase, all of the Customer's Squad Points will be used toward such single purchase, and that the Squad Points may not be used on a partial basis over several purchases.
       
  5. Cancellation of subscription; Returns.
    1. Cancellation of subscription. The Customer shall have the option to cancel its subscription to #BreitlingSelect during a period of 14 (fourteen) days beginning on the day following the day on which Breitling sends the Enrollment Confirmation. In order to exercise such right of withdrawal, you must send Breitling a clear statement informing Breitling about your decision to make use of your right of withdrawal. This may be accomplished, for instance, by notifying Breitling via the “MyAccount” on our site or sending a letter by post or email to Breitling Switzerland SA, Bahnhofstrasse 39, 2540 Grenchen, Switzerland , email: info.ch@breitling.com, or by calling the Customer Relation Service at +41 31 547 91 83. You may also use the below model withdrawal form, but this is not mandatory. If a Product has already been received by the Customer during the cancellation period, the Customer must return such Product by sending it back (complete with all its collaterals if any were shipped with the Product) to Breitling no later than fourteen (14) days following the later of (i) the day on which Customer notifies Breitling of the cancellation, or (ii) the day on which the Customer acquired, or someone nominated by the Customer (other than the carrier) acquired, physical possession of the Product. The Product shall be returned in accordance with an email that Breitling will then issue to Customer upon receiving notice of the cancellation, which will include instructions to the Customer on how to return a Product Customer shall use the reusable packaging, which Breitling will have provided in the initial shipment of the Product, to package the Product for its return. No later than fourteen (14) days after Breitling’s receipt of the Product in good and undamaged condition (or such other shorter period required by applicable law), Breitling shall refund the Flat Fee and the Monthly Fees, or the Yearly Fee, as applicable, to the Customer.
    2. Return of purchased Product. The Customer shall have a right of withdrawalwith respect to a Product that was purchased pursuant to Section 3(f) hereto during a period of fourteen (14) days following the day on which the Customer acquires, or someone nominated by the Customer (other than the carrier) acquires, physical possession of the Product. The Customer must comply with the following steps:
      1. Notify Breitling about your decision to make use of your right of withdrawal. This may be accomplished, for instance, by calling the Customer Relation Service at +41 31 547 91 83, or sending a letter by post or email to Breitling Switzerland SA, Bahnhofstrasse 39, 2540 Grenchen, Switzerland , email: info.ch@breitling.com.You may also use the below model withdrawal form, but this is not mandatory.
      2. Breitling will verify the original purchase and that the return is being made during the fourteen (14) day return period, starting from the delivery date and, upon verification, will provide you with further return instructions.
      3. Follow the return instructions indicated by Breitling, including a careful and proper sealing of the delivery package with additional adhesive tape if necessary and labelling the package appropriately including the return label generated and sent via email as PDF by Breitling. 
      4. Send it to the address indicated on the return label that you have obtained from Breitling, following any further instructions as provided by Breitling.
      5. You must return the Product by sending it back to Breitling no later than fourteen (14) days following the later of (a) the day on which you notify Breitling of the cancellation or (b) the day on which you acquired, or someone nominated by you (other than the carrier) acquired, physical possession of the Product.
      6. When Breitling receives the returned package at its Customer Service center, an email will be sent to you confirming receipt of the return.

        Important Notice: Products must be returned in their original condition with all protection, tags and stickers attached to them, with the provided Breitling box and delivery package, including all accessories and documentation. Breitling reserves the right to deduct from the refunded amount sums to reflect any reduction in the value of the product if the product shows signs of wear or has been used or altered from its original condition in any way. When the Customer decides to return a Product within the fourteen (14) day period, Breitling will carry a policy of insurance on the returned merchandise so long as the return is authorized through the above rules and was made using the shipping label provided by Breitling,) that may only be obtained from Breitling. Otherwise, Breitling is under no obligation to maintain insurance and the safe shipment of any Product will be at the sole cost, risk and responsibility of the Customer. The Customer 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 received by the Breitling Customer Service Center at the address as communicated by Breitling. Within five (5) business days of receiving a return, Breitling will verify that the returned Product satisfies the return conditions hereinabove. Breitling will apply strict Quality Control (QC). If the returned Product satisfies QC, in no later than fourteen (14) days after the Product satisfies QC (or such other shorter period required by applicable law) Breitling will proceed with the applicable refund and re-credit the Squad Points used by the Customer to make the purchase. In such circumstances, Customer will be entitled to use the re-credited Squad Points to purchase another Product during the remainder of the Initial Lease Term or, if the Customer made the purchase during the Extension Term, the remainder of the Extension Term, from a limited selection of Products determined by Breitling.
        1. Model Withdrawal Form:
          Model Withdrawal Form
          (complete and return  this  form  only  if  you  wish  to  withdraw  from  the  contract)
          To Breitling Switzerland SA, Bahnhofstrasse 39, 2540 Grenchen, Switzerland, email: info.ch@breitling.com
          I/we (*) hereby  give notice that I/we (*) withdraw from my/our (*) contract of sale of the following goods (*) /for the provision of the following service (*)
          Ordered on (*)/received on (*)
          Customer name
          Customer address
          Customer signature (only required for paper forms)
          Date
          (*) Delete as appropriate
           
  6. Ownership of Product.

    The Customer shall at no time acquire ownership of a Product during a Rotation, unless and until payment per Section 4(c) hereto is received in full by Breitling pursuant to the Customer’s purchase of a Product in accordance with Section 3(f) hereto.
     
  7. Warranty.

    Breitling warrants that each Product delivered to the Customer shall conform to the standards of its International Warranty available at https://www.breitling.com/ch-zz/service/international-warranty/. If a Product delivered to the Customer should have a defect covered by the International Warranty, Customer may return the Product to Breitling for servicing, or may contact the Customer Relation Service to arrange a replacement Product to be provided to Customer by Breitling, at Breitling’s sole discretion.
  8. Damage, Risk of Loss.
     
    1. Unless the Customer notifies Breitling otherwise within fourteen (14) days of delivery of a Product, the Product is irrevocably considered to be delivered to the Customer clean, undamaged and in good and wearable condition.
    2. Products shall be returned to Breitling by the Customer in the same good state and condition in which they are received, excepting normal wear and tear. If a Product is damaged beyond normal wear and tear, as determined by Breitling, the Subscription Term and any following Rotation will be postponed until a determination is made by Breitling as to the liability for the damage (the “Postponement”). If the Customer is found liable, the Subscription Term and any following Rotation will not resume until the Customer has fully compensated Breitling the damages owed thereon, if applicable, and Monthly Fees (as defined in Section 4 hereto) shall continue to be charged during the Postponement.
    3. If Breitling determines that any Product is returned damaged, or if a Product is returned late beyond the fourteen (14) day period referenced in Section 5.a hereto, lost, stolen, abandoned by the Customer, returned beyond economical repair, arrested or seized by legal process of the Customer’s creditor(s) or others, or not returned to Breitling for any other reason beyond Breitling’s responsibility and control or the responsibility and control of Breitling’s agents, employees, or subcontractors, the Customer shall be responsible to pay to Breitling the replacement value, or repair value for a damaged Product, as applicable for such Product. Following Customer’s notice of any such occurrence to Breitling as set forth in Section 9 hereto, or in the case of a late return once the fourteen (14) day period referenced in Section 5.a hereto has expired and the watch has still not arrived, Customer understands that Breitling immediately thereof and with notice to the Customer at such time shall be authorized to deduct the replacement value, or repair value in the case of a damaged Product, from Customer’s MyAccount, including the authorization to capture the open amount from Customer’s Credit Card; if applicable, Monthly Fees shall continue to accrue against any open amount, until either the Customer has paid replacement or repair costs in full, as invoiced to the customer by Breitling or, in case of delay with the payment, the open amount has been successfully captured from the Customers Credit Card. Breitling shall give Customer notice and reminder of the foregoing within one business week’s time of Customer’s notice as above. If a Product is lost or stolen and after Breitling receives payment in full for such Product, Breitling will supply the Customer a substitute Product for the balance of any Rotation, pursuant to the same terms and conditions covering such Product.

      Replacement value shall be at least equal to the recommended retail price value, taking into account the Flat Fee and all Monthly Fees, or the Yearly Fees, as applicable, paid by Customer to Breitling, until the occurrence of the incidence which triggered Customer’s obligation to compensate to Breitling the replacement value.
       
  9. Notification to Breitling in case of theft, loss or damage of the Product.

    In case of damage, theft or loss of the Product which Customer has on hand for the current Rotation, Customer is obliged to notify Breitling within 24 hours of the occurrence or discovery of the loss and to provide all information with regard to the circumstances of the incident, specifying all details of the incident including but not limited to information about, time, place, evidence, name of witnesses, third parties involved etc. Furthermore, if the loss is a result of a violation of a law, you are obliged to immediately report the incident to the police and/or other competent criminal investigation authorities. Upon the request of Breitling, Customer will provide Breitling with all available information regarding any resulting investigatory proceedings, including investigation file number and the authorities in charge.
     
  10. Applicable law.
     
    1. These Terms are governed by and construed in accordance with the laws of Switzerland.
    2. 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.
    3. 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 your subscription to #BreitlingSelect and/or these Terms. 
       
  11. Consumer Dispute Resolution.

    Please refer to the provisions in the Conditions of Sale, which shall apply to these Terms.
     
  12. Assignment.

    The Customer shall not sub-lease any Products or assign its rights under these Terms or any of the Products covered by these Terms to any other party. 
     
  13. Headings.

    The paragraph headings herein are for convenience only and shall not be deemed to alter or affect the meaning or interpretation of any provisions of these Terms.

LAST UPDATE: (October 2021)