Conditions of Sale
Additional Services
TERMS & CONDITIONS OF SALE FOR ADDITIONAL SERVICES
1. APPLICABILITY
The following conditions and any other related terms made available as provided herein (“Service Terms”) 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 Europe B.V., New Yorkstraat 44, 1175 RD Lijnden, Netherlands, registered with the Dutch Chamber of Commerce (KvK) under number 77405994, NL 8609 98 605 B 01 (referred to as “us”, “our”, “we” or “Breitling”) on the Internet via Breitling's website, under the URL “http://www.breitling.com/” (“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 these Services Terms apply accordingly.
The Concierge Service of Breitling can be contacted by phone in each country into which Breitling is selling to. You can find a list with the specific country numbers and further contact information here.
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 one of the following ten countries:
• Austria
• Belgium
• Denmark, excluding: Faeroe Islands and Greenland
• Finland, excluding: Aland Islands
• Germany, excluding Helgoland and Busingen
• France, excluding: Oversea Departments and Territories (DROM-COM)
• Italy, excluding: Campione d’Italia, Livigno, Vatican City, The Italian Waters of Lake Lugano, San Marino
• Netherlands
• Spain, excluding: Ceuta, Melilla and the Canary Islands
• Sweden
For the sake of convenience, the original English version of the Service Terms has been translated into multiple languages. In the event of any inconsistences between these versions, and to the extent permitted by law, the English language version is the authoritative version which may serve as a basis for the interpretation of the other versions. 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 Service Terms, you should contact Breitling or 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 Service Terms 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 eighteen (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 eighteen (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 #BreitlingService page / “Service” page of the Website 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 Service Terms.
For customers resident in Germany, the part of the sentence of the above paragraph “(…) and to the extent permitted by applicable law (…)” does not apply.
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 product availability, Breitling will send the Customer by email a written order confirmation within two weeks of receiving the order. The order confirmation constitutes the acceptance of your order by Breitling and forms a binding contract between Breitling and yourself. If you have not received an order confirmation within two weeks, your order will be deemed to be rejected.
2.7 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 as provided 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 the Breitling International Warranty and/or Breitling International Manufacture Movement Warranty on http://www.breitling.com/*/ (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/zz-zz/service/international-warranty/.
In order to be able to purchase Breitling Warranty Extension, you will need to sign up for “My Account” on http://www.breitling.com/*/ (“Breitling Account”). If you do not have a Breitling Account yet, you can sign up here .
Breitling Warranty Extension is an additional service https://www.breitling.com/zz-zz/my-account/login/ 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, the 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.
The following limitations apply to the following countries:
France:
The Warranty Extension is only available for watches and/or chronographs purchased via one of Breitling’s own channels (i.e. solely through www.Breitling.com or Breitling’s Concierge Service) and only available within a period of fourteen (14) days following the purchase of a specific watch. For further details, please visit the specific country website of Breitling.com, here https://www.breitling.com/zz-zz/service/warranties/#warranty-extension.
Spain:
The Warranty Extension is only available in combination with a purchase of a new watch on Breitling.com. For further details, please visit the specific country website of Breitling.com, here https://www.breitling.com/zz-zz/service/warranties/#warranty-extension.
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 product purchased from Breitling (“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 #BreitlingService which you can find here https://www.breitling.com/zz-zz/service/.
3.3 “ESTIMATE MY WATCH”- SERVICE FOR YOUR BREITLING PRODUCT
In several countries, Breitling is pleased to offer to you the option to have estimated the value of your Breitling watch and/or chronograph free of charge.
To get the “Estimate My Watch” - Service, you need to sign up for “My Account” on http://www.breitling.com/*/ (“Breitling Account). If you do not have a Breitling Account, you can sign up here https://www.breitling.com/zz-zz/my-account/sign-in/.
Please note that to access this service, you must own the Digital Passport (NFT) of your Breitling watch and/or chronograph and must register your Digital Passport (NFT) in your Breitling Account. If you do not own your Digital Passport (NFT) yet or do not know how to proceed to register your Digital Passport (NFT) in your Breitling Account, you can find more information here or contact us.
You have to register and correctly describe the condition of your Breitling watch and/or chronograph for which we provide a questionnaire to fill out. This information is essential for our estimation, as they reflect the characteristics, which determine the market value of your Breitling watch and/or chronograph. We may share the information with your hereby given consent with specialised third party companies, which we involve in the estimation process. To learn more about our data privacy policy please click here. The estimated value of your Breitling watch and/or chronograph will be displayed to you directly, following the process of Estimate My Watch.
The “Estimate My Watch”-Service is a free of charge service, which you can only use for original Breitling watches and/or chronographs. Watches and chronographs are excluded from the service that have a missing, incomplete or illegible serial number or a missing or incomplete CE-mark. The same applies to counterfeit products or if alterations have been made to the watch/chronograph or parts thereof.
The “Estimate My Watch”-Service is only available for such quantities of Breitling watches and/or chronographs that are customary in the trade for private customers. We reserve the right to refuse the “Estimate My Watch” Service in individual cases without giving reasons, in particular if the service is used more than once for the same Breitling watch and/or chronograph, or to request suitable proof of origin of the watch or chronograph (e.g. original invoice(s), self-disclosure of origin) before an estimate is made.
Please note that the estimation of your Breitling watch and/or chronograph is solely based on the information provided by you and refers to the time of the estimation only. Breitling shall be liable, irrespective of the legal grounds, within the scope of fault-based liability only in the event of wilful intent and gross negligence. In the event of simple negligence, Breitling shall only be liable, subject to mandatory applicable law, for damages arising from death, personal injury, and for damages arising from the breach by Breitling of a material contractual obligation to you upon which you rely for the proper performance of the contract. In the latter case, Breitling’s liability is limited to compensation for the foreseeable, typically occurring damage. The limitations of liability shall also apply to third parties as well as in the event of breaches of duty by persons (also in their favour) whose fault we are responsible for according to statutory provisions.
The above limitations of liability are subject in all cases to mandatory law in the countries to which these Service Terms apply (as listed in clause 1). We do not exclude or limit in any way our liability to you where it would be unlawful to do so.
In France, the above limitations of liability are not applicable to consumers.
In Germany, the above limitations of liability are not applicable in the case of fraudulent conduct by Breitling or insofar as a guarantee has been assumed by Breitling for the quality of a product and for claims under the German Product Liability Act (Produkthaftungsgesetz).
3.4. “TRADE MY WATCH”-SERVICE FOR YOUR BREITLING PRODUCT
3.4.1. Service description and registration
In several countries, Breitling is pleased to offer to you the option to publish, free of charge, your Breitling watch and/or chronograph with text/photos for private sale to other users on http://www.breitling.com/* through the “Trade My Watch” – Service, as well as view and purchase offers from other users. “Trade My Watch” also enables the exchange of electronic messages between sellers and buyers, providing a means for them to negotiate the price and agree on the terms and the mode of payment.
Please note that Breitling itself does not sell through the “Trade My Watch” - Service and is not involved in the negotiation and the actual sale between two users. Breitling is not a party to contracts for sale, which are directly between sellers and buyers, and any issues you (as a buyer or seller) may have with another user (a seller or buyer) must be resolved directly with the other user, not Breitling. Breitling does not provide any payment services or verify the identity of users. Breitling has no control over and does not guarantee: the truth or accuracy of users’ (including sellers’) content or listings; the ability of sellers to sell watches and/or chronographs or other items; the ability of buyers to pay for watches and/or chronographs or other items; or that a seller or buyer will actually complete a transaction. Further, Breitling is not responsible for providing any refunds.
To the extent you are a seller, Breitling may publish your offer on http://www.breitling.com/*/ and e.g. by including your offer or excerpts thereof on other websites, within mobile applications, in emails, in print, radio and television marketing campaigns or in other media. As far as this is necessary for the conversion into file formats suitable for the “Trade My Watch” - Service, Breitling will convert your offer into formats for use in mobile applications and websites. Breitling may also provide third parties with access to the data, information and content published through the “Trade My Watch” - Service to support these activities. You hereby give your consent for the aforementioned use of the data provided by you for the purpose of advertising and increasing the reach of the “Trade My Watch” - Service. This also applies to translations for integrating the offers into foreign language listings. To learn more about our data privacy policy please click here.
Once your offer is published on http://www.breitling.com/*/ it will be up to the users to get in contact. Any contract of sale of your Breitling watch and/or chronograph and its terms and conditions (e.g. the final sales price, payment method, shipment) are subject to your negotiation with the buyer alone and for which Breitling assumes no responsibility.
The selling price of the watch is freely defined by you, in compliance with the laws and regulations in force. This price must be mentioned by you with all taxes and costs included (notably VAT, import VAT, packaging costs, and delivery costs). You are solely responsible for the estimation of the price, the transaction, and for the delivery of the watch.
In addition, our general terms of use for your Breitling Account apply which you can find here www.breitling.com/zz-zz/terms-of-use/.
3.4.2. Requirements for sellers on the “Trade My Watch” - Service
To get the “Trade My Watch” - Service, you need to sign up for “My Account” on http://www.breitling.com/*/ (“Breitling Account”). If you do not have a Breitling Account, you can sign up here https://www.breitling.com/zz-zz/my-account/sign-in/, provide the necessary information and complete the account registration process.
Please note that to access this service, you must own the Digital Passport (NFT) of your Breitling watch and/or chronograph and must register your Digital Passport (NFT) in your Breitling Account. If you do not own your Digital Passport (NFT) yet or do not know how to proceed to register your Digital Passport (NFT) in your Breitling Account, you can find more information here or contact us.
Please note that the “Trade My Watch” - Service is solely available to natural persons of legal age and for quantities of Breitling watches and/or chronographs customary in the trade for private customers. The “Trade My Watch” - Service is not available for commercial users or professional sellers.
As a seller, to create an offer you have to register and correctly describe the condition of your Breitling watch and/or chronograph which you want to offer for sale. We provide a corresponding form. Please note that your offer will be published together with your username of your Breitling Account. However, you can also choose in the form for the creation of the offer another name.
You can cancel the process at any time before submitting the form by closing the browser window or application. You have the possibility to check the content of your drafted offer for sale with a preview function before submitting the form and to amend it if necessary. Breitling can accept your offer by separate communication or by publishing your offer for sale on http://www.breitling.com/*/. However, Breitling reserves the right to refuse or remove the offer in individual cases, in particular if there is a suspicion of commercial or fraudulent activity, or any other actions that violate these Service Terms. The data of your offer for sale will be stored electronically. You can manage your offer for sale through your Breitling Account, e.g., to delete the offer for sale at any time. You may retrieve the terms and conditions of use on which the “Trade My Watch” - Service is based on at any time via our website http://www.breitling.com/*/ and subsequently save them in a reproducible form.
Offers for sale are only allowed for original Breitling watches and/or chronographs sold by non-professional sellers. Watches and chronographs are not eligible for the “Trade My Watch” - Service if they have a missing, incomplete, or illegible serial number, or a missing or incomplete CE-mark. The same applies to counterfeit products or if alterations have been made to the offered watch/chronograph or parts thereof.
3.4.3. Content requirement for seller’s offers
You have to describe your Breitling watch and/or chronograph accurately and with all relevant features and characteristics in words and, if possible, with photos to which you must hold all rights. We reserve the right in individual cases to request suitable proof of origin of the watch or chronograph offered (e.g. original invoice(s), self-disclosure of origin).
The publishing of offers, texts, images or other content that violate legal provisions, these Service Terms, the rights of third parties, or morality, or any legal standard, is prohibited. In particular, it is prohibited to publish any content that violates copyright, trademark and competition laws, legal regulations for the protection of minors or that contain untrue statements or is otherwise misleading.
You shall not sell a watch if it breaches legislative, regulatory, or contractual provisions.
Furthermore, you have to refrain from all actions that could endanger the safe operation of the “Trade My Watch” - Service or harass other users or that otherwise go beyond the purposes of the “Trade My Watch” - Service. In particular, it is prohibited:
• to send e-mail advertisements, SMS advertisements, chain letters, or other harassing content to other users;
• to reproduce, publicly display, distribute, edit or otherwise use “Trade My Watch” - Service content in a manner that exceeds the intended use without the prior written consent of Breitling;
• to reproduce, publicly display, distribute, edit or otherwise use the offers or other content of third parties without their prior consent in a manner that exceeds the intended use of the “Trade My Watch” - Service.
• to send viruses or other technologies that could damage the “Trade My Watch” - Service or the interests or property of other users;
• to expose the infrastructure of the “Trade My Watch” - Service to undue stress or otherwise interfere with or threaten the functioning of the “Trade My Watch Service” - Service;
• to collect or use information, including but not limited to email addresses or phone numbers, about other users without the users' prior consent;
• to use crawlers, spiders, scrapers or other automated mechanisms to access the “Trade My Watch” - Service and collect content without our express written consent; or
• to circumvent measures designed to prevent or restrict access to the “Trade My Watch” - Service.
Please note that you have to save and archive all data and information within the “Trade My Watch” -Service, which you currently need or might need for purposes of preservation of evidence, accounting or for other purposes, on you own storage medium.
You undertake to keep these data and information that You would have been communicated strictly confidential, except in case where disclosure is required by law, by any court of competent jurisdiction, or by any official regulatory body.
3.4.4. Content moderation
Uploading, posting, or transmitting any content or information on the “Trade My Watch” - Service that is illegal, inappropriate, offensive, or violates these Service Terms is strictly prohibited for users. Breitling reserves the right to evaluate, monitor, and, if necessary, remove or suspend any content that breaches the outlined requirements in section 3.4.3 or any other provision in these Service Terms or legal standards. Violations may also lead to the suspension or termination of your Breitling Account.
Breitling offers users, including designated trusted flaggers under the Digital Services Act, a way to report any content or behaviour believed to be illegal, inappropriate, or in violation of these Service Terms. A 'report' button is featured on each listing page of the “Trade My Watch” - Service, directing users to an online form where they can submit notices reporting violations. We strongly encourage users to use this online form for content report notices, helping us maintain a safe environment.
Breitling takes these reports seriously, conducting prompt reviews and ensuring a swift, appropriate response. If your notice contains your electronic contact details, we will confirm receipt through a confirmation email. Following our review, we will promptly communicate our decision to you and provide available options for resolution or redress. In the case of content removal, account suspension, or termination, the affected user will also be notified by email, including information and available options for redress, unless compelling reasons dictate otherwise.
If content removal or information is requested by government authorities within the European Union, we will assess the situation and take necessary actions in compliance with our Service Terms and applicable laws. Following this, we will communicate our actions to you as appropriate.
We also reserve the right not to publish offers for sale if there are indications that the offered watch and/or chronograph is not for sale or is otherwise offered in an illegal manner, if there are indications that the offer is intended to be or was placed for abusive purposes or if it violates these Service Terms. In such cases, we will notify you using the email address provided in your Breitling Account. If you have been permanently excluded from using the “Trade My Watch” - Service or if the user agreement has been terminated, you may no longer use the “Trade My Watch” - Service even with other user accounts, including such user accounts that have been created for third parties, and may not sign up again for registration with the “Trade My Watch” - Service. We reserve the right to restrict or terminate the “Trade My Watch” - Service in whole or in part, as well as to delay the publication of offers or other content of users, e.g. if this is necessary with regard to capacity limitations, the security or integrity of the servers or for the implementation of technical measures, or if this serves the proper or improved provision of the services (maintenance work).
3.4.5. Internal complaint-handling system
If you have submitted a content moderation notice or have been affected by a content moderation decision, you have the option to file an appeal within six months of receiving Breitling's decision. To initiate your appeal, please contact us via email outlining the facts and your reasons for revision. Your detailed input is appreciated and will aid our review and decision-making process.
We conduct thorough reviews of appeal requests, correcting content moderation decisions if errors are identified, and, when appropriate, offering users another opportunity to align with our Service Terms. Following the appeal review, we promptly communicate the outcome to the reporter and/or affected user via email, as appropriate. If necessary, additional information may be requested. Importantly, appeal decisions are made under the careful supervision of qualified staff and are not reliant on automated methods.
Please note that consistent submission of unfounded or abusive appeals may lead to a temporary suspension of the appeal processing. We reserve the right to impose limitations on the number of times a specific decision can be appealed.
If you wish to challenge our content moderation decisions with third parties, including complaints not resolved through our complaint-handling system, you have the option to select an out-of-court dispute settlement body certified under the Digital Services Act. We will engage in good faith with the chosen body to resolve the dispute. However, we reserve the right to decline engagement if the dispute has already been resolved or is part of an ongoing procedure before a competent court or another out-of-court dispute settlement body, addressing the same content and grounds for alleged illegality. Users maintain the right to initiate legal proceedings at any stage to contest decisions before a court in accordance with applicable law. If you have any questions regarding this matter, please don't hesitate to reach out to our designated point of contact at dsa@breitling.com.
3.4.6. Your liability
You shall indemnify Breitling against all claims asserted against Breitling by other users or other third parties due to an infringement of their rights by your offer and other content posted by you in the “Trade My Watch” - Service or due your use. In this case, you shall bear the costs of the necessary legal defence of Breitling including all court and attorney fees in the statutory amount. The claim for indemnification does not apply if you are not responsible for the infringement.
In case of a claim by a third party, you are obliged to provide us immediately, truthfully and completely with all information necessary for the examination of the claims and for a defence.
Any liability of you beyond these Service Terms remains unaffected.
3.4.7 Breitling’s liability
The offers and other content published by users through the “Trade My Watch” - Service do not reflect the opinion of Breitling and are not reviewed by Breitling for their legality, accuracy or completeness. We do not guarantee the accuracy or completeness of the information contained in the offers, the quality, safety or legality of the watches and/or chronographs offered by users.
Breitling shall be liable, irrespective of the legal grounds, within the scope of fault-based liability only in the event of wilful intent and gross negligence. In the event of simple negligence, Breitling shall only be liable, subject to mandatory applicable law, for damages arising from death, personal injury, and for damages arising from the breach by Breitling of a material contractual obligation to you upon which you rely for the proper performance of the contract. In the latter case, Breitling’s liability is limited to compensation for the foreseeable, typically occurring damage. The limitations of liability shall also apply to third parties as well as in the event of breaches of duty by persons (also in their favour) whose fault we are responsible for according to statutory provisions.
The above limitations of liability are subject in all cases to mandatory law in the countries to which these Service Terms apply (as listed in clause 1). We do not exclude or limit in any way our liability to you where it would be unlawful to do so.
In France, the above limitations of liability are not applicable to consumers.
In Germany, the above limitations of liability are not applicable in the case of fraudulent conduct by Breitling or insofar as a guarantee has been assumed by Breitling for the quality of a product and for claims under the German Product Liability Act (Produkthaftungsgesetz).
Furthermore, in accordance with article 6-I, 2 and 3 of French law n° 2004-575 of 21 June 2004, Breitling shall not be held liable for content made available on the Website by buyers or sellers, in particular with regard to the description of watches or the assessments that Buyers make, unless it does not promptly render such content inaccessible after being informed of its illegality in accordance with the conditions provided for by this law.
3.4.8. Termination of use of the “Trade My Watch” - Service
You may delete your offer at any time in your Breitling Account or terminate further use of the Service at any time in text form without any notice period. For this purpose, please send a notice of termination by e-mail to info.eu@breitling.com or by mail to: Breitling Europe B.V., New Yorkstraat 44, 1175 RD Lijnden, Netherlands.
We may terminate the “Trade My Watch” - Service with you at any time in text form (e.g. by email) with a notice period of thirty (30) days. If we have terminated the Service, then you are not allowed trying to conclude a new “Trade My Watch” - Service after receipt of the notice of termination. The termination period of thirty (30) days does not apply if the termination is due to mandatory legal provisions or official orders. We will give you separate reasons for this unless there are compelling reasons to the contrary. Breitling’s right to delete individual offers, to block users and to carry out other measures according to clause 3.4.4. as well as the right to terminate the Service without notice for cause remain unaffected.
With the termination of the “Trade My Watch” - Service, all running offers will be removed. All stored data of your offer will be deleted at the latest six months after termination of the Service. This does not apply to data that Breitling is legally obliged to store or has a legitimate interest in storing, e.g. to prevent re-registration after a justified blocking. Aggregated data generated by the use can generally continue to be stored after the end of the Service.
3.4.9 Extract from the archive
You have the option to purchase archive extracts from our archives. To request this, please visit Breitling Archives page and complete the online form. You will be requested to provide the following information:
• Watch model reference;
• Watch serial number;
• Your contact details; and
• Clear picture(s) of your watch (both face and caseback).
If any information is incomplete, unclear or inaccurate, we may request additional details from you. If these details are not provided or if we lack the required information in our archives to produce the extract, we may cancel your request. In such cases, we will notify you via the email address listed in your online form. If the request is accepted, you will receive a confirmation email. This email will contain details about your order, a payment link for the archive extract and the payment deadline. You can complete your payment using the options available, which may include credit/debit cards, bank transfer or other supported methods as specified in the email or payment link.
Once payment is confirmed, we will prepare and send the archive extract in PDF format to the email address you provided. Delivery times may vary, but we will aim to provide the extract promptly.
Please note that an archive extract does not constitute proof of authenticity of the Breitling Product referenced nor proof of ownership by you or any other person.
Where the right of withdrawal is applicable, it does not extend to custom-made or personalized orders, such as Breitling’s archive extracts. Therefore, once the order is confirmed, note that you cannot withdraw from the contract and return the extract for exchange or refund, as described in these Service Terms.
4. PAYMENT
4.1 INFORMATION ABOUT PRICES, TAX AND DELIVERY COSTS
Breitling reserves the right to change or adapt prices for Breitling Services without specific prior notice on the Website. If the price of a Breitling Service displayed on the Website or quoted by the Concierge Service changes prior to the order confirmation (by Breitling), Breitling will inform the Customer prior to the order being concluded (to take instruction from you as to whether you still wish to proceed with the order).
Actual costs and prices including applicable taxes will be indicated on the payment page before you are invited to confirm and place your order (in the case of a Website order) or will be quoted by the Breitling Concierge (in the case of a telephone order) (“purchase price”).
Please note that changes to tax laws may occur between the date your order is placed and the date of our order confirmation. We will contact you and ask that you reconfirm your purchase if this results in increased VAT or sales tax being charged. You are free to reject our offer to purchase under the new conditions.
Such costs and taxes will be indicated on your order confirmation email and on your invoice.
4.2 PAYMENT METHODS
4.2.1. Bank Transfer / Credit / Debit Cards / Invoice
Payment can be made either by bank transfer or by credit/debit card. 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. Credit card information that is recorded during a telephone call is fully encrypted and used only for the purpose of processing the transaction.
All credit/debit card holders are subject to verification, validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment to Breitling, you need to contact your card issuer directly to resolve the issue. Breitling will not be liable for delay or non-delivery in case of issues related to third party payment services.
The full amount of the Purchase Price will be reserved on your credit card until your order is shipped to the shipping address you have provided to Breitling, at which time you will be sent an order confirmation email and your credit or debit card will be charged the full Purchase Price. Where required by applicable law, we will offer at least one additional means of payment which allows payment in instalments or in arrears.
Breitling takes precautions, such as administrative, technical, and physical measures to protect your personal information against loss, theft, and misuse, as well as against unauthorised access, disclosure, alteration, and destruction. Where personal information is collected on webpages, Breitling uses Secure Sockets Layer (SSL) encryption. Note however that transmitting information over the Internet is not completely secure. Although Breitling will exercise reasonable care and implement safeguards to protect your personal Information, we cannot guarantee the security of the data you transmit to the Website. Any transmission is at your own risk and Breitling cannot be held liable.
4.2.2 Additional Online Payment Methods
You may also have the option to pay by using additional online payment methods like PAYPAL or GOOGLE PAY under the conditions specified by each payment system. The available supported payments methods are shown to you at the check-out page.
5. RIGHT OF WITHDRAWAL
You have the statutory right to cancel a contract for Breitling Services, which is concluded online or by phone, within fourteen (14) days after the date on which the contract is concluded, for your convenience (right of withdrawal). However, this right does not apply to certain Services, including custom or personalized orders or those that are fully performed and begin performance with the Customer’s prior express consent. Such Services shall be excluded from the statutory right of withdrawal. Where the right of withdrawal exists, clauses 5.1 and 5.2 below apply.
5.1. STATUTORY 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 Breitling Europe B.V., New Yorkstraat 44, 1175 RD Lijnden, email: info.eu@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/service/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 Europe B.V., New Yorkstraat 44, 1175 RD Lijnden, email: info.eu@breitling.com
Hereby I/we (*) give notice that I/we (*) withdraw from my/our (*) contract of sale of the following goods (*)
Ordered on (*)/received on (*)
Customer name(s)
Customer address(es)
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 Dutch law including those which were not provided for in these Service Terms.
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 the Netherlands without reference to any conflict of law provisions. This choice of law will not deprive the Customer, acting as consumer, of the protection afforded to the Customer by provisions that cannot be derogated from by agreement under the laws in its place of residence.
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 Service Terms.
You may bring proceedings against us in a competent court of the location where you are domiciled. We may also bring proceedings against you in the courts of your domicile.
Without any restriction to bring proceedings before a court, you and Breitling will first make reasonable efforts for a period of thirty (30) days to resolve amicably any dispute or failure to agree that may arise out of or relate to the Breitling Product, the Service Terms or any breach thereof. If no amicable outcome is found, the parties will attempt to resolve their dispute through mediation before bringing it before the competent court of your domicile.
9. OTHER IMPORTANT INFORMATION
Breitling is subject to information obligations for e-commerce distance selling contracts, which we will comply with below.
10. CONSUMER DISPUTE RESOLUTION
Any complaints about the execution of the contract or a Breitling Service may be submitted to info.eu@breitling.com, clearly describing the nature of the complaint. Breitling endeavours to process any complaints within a period of fourteen (14) days from the date of receipt. If a complaint requires a foreseeable longer processing time, Breitling will reply within the period of fourteen (14) days with a notice of receipt and an indication when the Customer can expect a more detailed answer.
You may also submit your complaint through the online dispute resolution platform (ODR platform) provided by the European Commission for online sales or service contracts between a consumer resident in the European Union and a seller in the European Union. This platform is accessible at the following address: https://webgate.ec.europa.eu/odr/. The use of the platform is neither mandatory, nor a prerequisite for legal action.
Except for the following countries, Breitling does not intend to take part in any procedures before an alternative consumer dispute resolution body.
Only applicable to Customers domiciled in Finland:
Customers making Breitling purchases from Finland also have the right to submit any dispute regarding the contract or a Breitling Product to the Consumer Disputes Board (www.kuluttajariita.fi) for resolution. Before taking the matter to the Consumer Disputes Board, you should contact the Consumer Advisory Service (www.kuluttajaneuvonta.fi).
Only applicable to Customers domiciled in France:
In accordance with provisions of consumer law regarding the amicable settlement of disputes, Breitling has adhered to the mediation services from Centre de mediation et d’Arbitrage de Paris (CMAP), which contact details are the following: Centre de mediation et d’Arbitrage de Paris, 39 avenue Franklin Roosevelt, 75008 Paris ; website:
www.mediateur-conso.cmap.fr;
Email : cmap@cmap.fr;
Phone: +33 1 44 95 11 40.
After a prior written request from the consumer to Breitling, the mediation service may be seized for any consumer dispute which would not have been solved. For more information as to the modalities to request the support of the consumer mediator, please see: www.mediateur-conso.cmap.fr.
Breitling Europe BV, 23 September 2024