Terms & conditions
Print the documentGENERAL CONDITIONS OF SALE FOR
E-COMMERCE AND CONCIERGE SERVICES OF BREITLING europe b.v.
WELCOME TO OUR E-BOUTIQUE
1. APPLICABILITY
These conditions of sale and any specified terms herein (the “Conditions of Sale”) shall apply to all sales of Breitling branded watches, bracelets, any other product of Breitling brand, and any service provided herein by Breitling (as defined below) (“Breitling Products”) that you (the “Customer”) order from Breitling via the Breitling Channels (each as defined below).
“Breitling”(also referred to as ‘us’, ‘our’ or ‘we’) means with registered offices at New Yorkstraat 44, 1175 RD Lijnden, the Netherlands, registered with the Dutch Chamber of Commerce (KvK) under number 77405994, NL 8609 98 605 B 01.
“Breitling Channels” means Breitling's website under the URL https://www.breitling.com/ (the “Website”), or Breitling’s concierge service which can be contacted by phone and emailhere (the “Concierge Service”), or any Breitling associated digital or mobile platforms.
These Conditions of Sale apply solely to sales made through the Breitling Channels to individuals who have a shipping address in one of the following ten (10) countries (the “Countries”).
- Austria
- Belgium
- Denmark, excluding: Faeroe Islands and Greenland
- Finland, excluding: Aland Islands
- Metropolitan France, excluding: Oversea Departments, Regions and Territories (DROM- COM)
- Germany, excluding Helgoland and Busingen
- Italy, excluding: Campione d’Italia, Livigno, Vatican City, The Italian Waters of Lake Lugano, and San Marino
- Netherlands
- Spain, excluding: Ceuta, Melilla, and the Canary Islands and
- Sweden
On the Website, Breitling provides country dedicated Websites pages. Delivery for a purchase done on a country dedicated Website page and/or via a corresponding country specific phone number/email to the Concierge Service, is limited to the territory of the specific country. These Conditions of Sale do not apply to sales conducted through Breitling retail boutiques and/or through authorized retailers.
When you place an order by checking the “I have read and I accept the Conditions of Sale” box and clicking on “CONFIRM MY ORDER AND PAY” or equivalent, at the payment section of the Breitling Channels, you indicate your acceptance of these Conditions of Sale. When using the Breitling Channels, you will also be considered, by virtue of such use, to have agreed to be bound by these Conditions of Sale and by our (“Website Terms of Use”) https://www.breitling.com/zz-zz/terms-of-use/ . Our use of your personal information will be governed by our (“Privacy Policy”), that can be found here https://www.breitling.com/zz-zz/privacy-policy/ .
From time to time, Breitling may modify these Conditions of Sale in its sole discretion. Please check the Breitling Channels on a regular basis to be informed of any changes. If you do not agree to the changes to the Conditions of Sale, you should refrain from making any orders of Breitling Products through the Breitling Channels. Orders placed before the effective date of certain changes to these Conditions of Sale will not be affected by such changes.
For the sake of convenience, the original English version of the Conditions of Sale 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.
If you refuse to accept these Conditions of Sale, you will not be able to order any Breitling Products from the Breitling Channels.
IMPORTANT NOTICE: Please note that these Conditions of Sale contain important provisions that may limit or vary your rights and remedies under applicable law, namely; Breitling reserves the right to modify these Conditions of Sale as described above in this clause 1 ; Breitling reserves the right to modify the Breitling Products available for sale under clause 2.2 ; in the event that a Breitling Product is not available for any reason you have the choice to wait until the Breitling Product is available or to cancel your order and receive a full refund as described in clause 2.7(a) and 2.7(b) ; if your Breitling Product is delivered to you with a defect you will be entitled to certain remedies as described in clause 9 ; subject to applicable consumer law, Breitling limits its liability to you to the price paid for the Breitling Product and excludes its liability for indirect, special and consequential damages as described in clause 13 . Other similarly important terms are highlighted in these Conditions of Sale.
2. ORDERING BREITLING PRODUCTS
2.1 ELIGIBILITY TO PURCHASE BREITLING PRODUCTS
To be eligible to purchase Breitling Products through the Breitling Channels you must be (a) a natural person, (b) have reached the legal age of adulthood of eighteen (18) years old, (c) have legal capacity to enter into contracts, and (d) have a shipping address in one of the listed Countries. If you are under the legal age of adulthood or otherwise cannot lawfully enter into a contract, only your parent or guardian can place an order on your behalf and thus agree to these Conditions of Sale. Any orders made contrary to this provision will be null and void.
By placing an order through the Breitling Channels, you confirm that you are purchasing the Breitling Products in good faith and will not purchase, deliver, sell, or otherwise distribute Breitling Products for any commercial purpose or commercial benefit. Breitling may refuse the order if it believes, in its sole discretion, that an order would contravene this statement or that you are involved in fraudulent or grey market activities. Breitling Products may be purchased for yourself or for the benefit of another individual to whom you are making a gift.
2.2 BREITLING PRODUCT AVAILABILITY
Breitling reserves the right to modify the selection of Breitling Products available through the Breitling Channels and may limit the quantity of Breitling Products that a Customer can order. All orders placed through the Breitling Channels 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.
2.3 CREATING AN ACCOUNT/GUEST CHECKOUT
In order to place an order through the Breitling Channels, you must register and create a personal account. You will be required to provide valid and accurate personal information, such as your family name, first name, home address, mobile phone number, email address, and to confirm that you have reached the legal age of adulthood.
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 Breitling account however will not include transactions made prior to the creation of the account.
Once you have completed the registration of your account you will receive an email with a one-time password 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, if this is not the result of any breach by Breitling.
Our Privacy Policy https://www.breitling.com/zz-zz/privacy-policy/ describes how we use your personal information. If you select the ‘Guest Checkout’ option on the Breitling Channels, 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.
Should Breitling suspect that a third party has breached a Customer's account or has misused a Customer’s account credentials, Breitling shall immediately cancel and terminate such account and contact the Customer by email or telephone.
2.4 PROCESSING YOUR ORDERS
When selecting a Breitling Product through the Breitling Channels, click on the “add to bag” button to place the product in your shopping bag. You may continue shopping for other Breitling Products and add them to your shopping bag (subject to availability and quantity limits) or proceed to “checkout” by clicking on this button. You may also remove one or several Breitling Products you have selected by selecting the “Remove” button placed next to the chosen product.
Please carefully review your order on the “Review Order” section of the checkout and click on “CONTINUE TO PAYMENT” (or equivalent). Once your payment details are entered, you can finalize the order by checking the “I have read and I accept the Conditions of Sale” box and clicking “CONFIRM MY ORDER AND PAY” (or equivalent), thus acknowledging that you have read and accepted the Conditions of Sale and also by taking such actions you agree to our Website Terms of Use https://www.breitling.com/zz-zz/terms-of-use/ and confirm that you have read and accept our Privacy Policy https://www.breitling.com/zz-zz/privacy-policy/ .
If you prefer to place an order by telephone through the Concierge Service, the Concierge Service will assist you to complete the order process on your behalf. Any inquiries and questions may also be directed via email to the Concierge Service via info.eu@breitling.com. You can find a list with the specific country numbers and further contact information here.
You may be invited to provide additional personal information when placing an order through the Breitling Channels, such as shipping and/or billing address and payment details. You confirm that all personal information given to Breitling is true and accurate. Breitling or its third-party providers may collect additional information at this time for security and anti-fraud purposes.
Notwithstanding anything to the contrary provided for herein, and to the extent permitted by applicable law, Breitling reserves the right to refuse, cancel and terminate orders at any moment for a breach of these Conditions of Sale, including payment. Breitling may also refuse, cancel, or suspend an order if there is an ongoing dispute with you concerning the payment of a previous order or where we reasonably suspect that you have participated in fraudulent activities. If Breitling exercises its rights under this clause 2.4, Breitling will credit back on your payment method any amounts paid by you to date in respect of such cancelled order. You will not be entitled to any other compensation or remedy in respect of such cancellation by Breitling .
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.
2.5 ORDER VERIFICATION
You are responsible to verify and confirm all details on the payment page before placing your order through the Breitling Channels and authorizing payment. When placing an order through the Concierge Service we will ask you to confirm the details and then we will provide you with a secure payment link for you to authorize payment.
2.6 ORDER ACKNOWLEDGMENT
Once you have placed your order through the Breitling Channels, Breitling will send you an order acknowledgement by email 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. You will also receive a link to these Conditions of Sale which you are invited to carefully review prior to payment. This order acknowledgement message does not constitute acceptance of your order by Breitling, nor does it create a contract between you and Breitling.
2.7 ORDER CONFIRMATION/SHIPMENT
Breitling will check the availability of your ordered Breitling Product and together with its third-party service providers perform certain anti-fraud, security, and related legal checks. Provided these checks are successfully completed, Breitling will then prepare your selected Breitling Product for shipment, take payment from your payment method, and will send you an email to confirm that your order has been accepted (“order confirmation”). The order confirmation constitutes the acceptance of your order by Breitling and forms a binding contract between Breitling and you.
Upon shipment of your order, Breitling will send you a notice by email that the Breitling Products 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.
In the event your ordered Breitling Product is not available, you may choose to wait until it is available or to cancel your order, according to the following options:
(a) If you choose to wait until the Breitling Product is available, we will continue to hold the payment authorization and inform you when the Breitling Product is available.
(b) If you choose to cancel your order, your payment authorization will be cancelled, and any amount taken from your payment method will be promptly refunded to you on this payment method.
In any event, if your order is not confirmed, your payment authorization will be cancelled, and any amount taken from your payment method will be promptly refunded to you on this payment method.
2.8 PRE-ORDER
For specific Breitling Products where stipulated on their product webpage, Breitling offers the possibility of pre-ordering (“Pre-Order”). Pre-ordering a Breitling Product means that you are reserving and paying a deposit for a Breitling Product that will be available on a future date.
Pre-Orders are subject to the following:
(a) Limited editions of Breitling Products that can be ordered under Pre-Order are only available in limited quantities and for a limited time. You acknowledge that Breitling may not be able to fulfil your Pre-Order due to limited quantities and the limit in time.
(b) At the time of the Pre-Order you must make a down payment of a proportion of the retail sales price when placing the Pre-Order. The exact amount of the Pre-Order down payment will be confirmed at the time of the Pre-Order.
(c) When the Breitling Product becomes available for shipping, we will inform you by email. The email will include a secure payment link.
(d) Payment for the remaining amount of your Pre-Order, plus taxes and shipping costs will usually be requested seven (7) working days before the Breitling Product is expected to be shipped.
(e) The Breitling Product will only be shipped after the full payment is received.
(f) If you do not pay the balance of the purchase price within the time period stipulated above, Breitling reserves the right to cancel your Pre-Order without further notification. In such a case, Breitling will promptly credit back the down payment made at the time of Pre-Order to your payment method.
(g) If the Breitling Product you have pre-ordered is not available, Breitling will inform you by email, and will promptly credit back the down payment made at the time of Pre-Order to your payment method. You will not be entitled to any compensation or remedy in case of cancellation by Breitling of your Pre-Order, whatever the reason .
(h) You will have the possibility to cancel your Pre-Order at any time prior to Breitling sending you notification that your Pre-Order is ready to ship via the cancellation link provided through the Breitling Channels. Breitling will in such case promptly credit back to your payment method the down payment made at the time of Pre-Order. After your Pre-Order is shipped, any returns will be subject to Breitling’s return policy as described in below in clause 8.
3. PAYMENT
3.1 INFORMATION ABOUT PRICES, TAX AND DELIVERY COSTS
All prices displayed on the product pages of the Breitling Channels are in EUR and include the applicable VAT (sales taxes) but exclude shipping costs and other costs for additional services, unless otherwise stated.
The price of the Breitling Product, actual delivery costs and applicable taxes will be indicated on the payment page before you are invited to confirm and place your order and will be quoted by the Concierge Service in the case of a telephone order.
Breitling reserves the right to change or adapt prices and shipping costs at any time without notice prior to order confirmation. If the price of a Breitling Product and shipping costs displayed or quoted through the Breitling Channels changes prior to the order confirmation, Breitling will inform you prior to the order being concluded (to take instruction from you as to whether you still wish to proceed with the order). Please note that any price adjustment or change in shipping costs do not affect those orders that have already been confirmed by Breitling in a corresponding order confirmation.
Please also note that changes to applicable law related to sales taxes may occur between the date your order is placed and shipment. We will contact you and ask that you reconfirm your purchase if the resulting change is an increase in the sales tax you are charged.
The price of the Breitling Product, the amount of sales taxes and delivery charges displayed on the Breitling Channels or quoted by the Concierge Service will be confirmed on your order confirmation email and on your invoice. Please note that Breitling will only send order confirmation messages and the invoice to the person who placed the order, and not to the gift recipient.
3.2. PAYMENT METHODS
3.2.1. STANDARD PAYMENT METHODS
Payment must be made through an approved payment method before order confirmation and the shipment of the Breitling Products. The currently standard supported payment methods include those provided by Visa, Mastercard, American Express, JCB, Diner’s Club, Discover and PayPal. At the checkout, additional payment methods may be available, while certain payment methods may be unavailable. In any event, the available supported payment methods are shown to you at the checkout page and are subject to the conditions specified by each payment method provider.
3.2.2. PAYMENT METHODS AUTHORIZATION AND VERIFICATION
For all orders you will need to enter your payment details via a secure payment link or secure payment gateway. Your payment method information will be processed by your applicable third-party payment method provider. Please note that Breitling does not store your payment details for your next orders.
All payment methods are subject to verification, validation checks and authorization by the payment method provider. If the payment method provider refuses to authorize payment to Breitling, you will need to contact your payment method provider directly to resolve the issue. If your payment provider refuses to authorize your payment to Breitling, then Breitling will not process your order. Breitling will not be liable for delay or non-delivery of your order in such circumstances.
You also expressly authorize Breitling to perform a payment method check to transmit or to obtain information (including any updated information) about you to or from third parties for the purpose of processing the transaction generated by your payment method, including but not limited to your payment method number, to authenticate your identity, to validate your payment method, to obtain an initial payment method authorization and to authorize individual purchase transactions.
Please note that when you place your order and select your payment method the full amount of your purchase is authorized on your payment method until shipment of your order. Upon shipment you will be charged the purchase price on your payment method. For some payment methods, the full amount of the payment may be taken at the moment you place your order. Any such pre-payment will not affect your legal rights under these Conditions of Sale including your right to a refund.
If your ordered Breitling Product is not available, or your order is not confirmed, then the provisions of clause 2.7(a) and 2.7(b) shall be applicable.
3.3. FINANCING THROUGH A THIRD-PARTY FINANCING COMPANY INDEPENDENT OF BREITLING
At the checkout you will have the option to pay for Breitling Products through independent third-party financing companies. You will be informed of any third-party financing options that are available pursuant to which you may apply for to purchase a Breitling Product. Please note that such companies are independent of Breitling and Breitling is not affiliated with them in any manner.
The independent third-party financing company determines whether you qualify for the third-party financing service. Hence, Breitling does not know and has no access to the information that you may share with the third-party company in exploring your financing options. Breitling is not responsible for any third-party services that you choose to employ in connection with your Breitling Product purchase. Your use of the third-party financing service is subject to the independent third-party financing company’s terms and conditions.
3.4. TECHNICAL SECURITY
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 Breitling Channels, 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 absolute security of the data you transmit via the Breitling Channels. Read our Privacy Policy https://www.breitling.com/zz-zz/privacy-policy/ to learn more about how we use and protect your personal information.
4. OPTIONAL SERVICES
Breitling may offer Customers certain optional services for enhancing their Breitling Product such as:
(a) Delivery of a Breitling box with gift wrap: your Breitling Product will be delivered to you in an attractive wrapped Breitling box.
(b) Adjustment of the bracelet of your Breitling Product: this service is available on certain watch models. When this option is available, you will need to indicate the size of your wrist in millimeters through the Breitling Channels.
(c) Exchange of your watch leather strap: depending on the selected watch model, different sizes of leather straps are available upon request through the Breitling Channels.
(d) 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.
(e) Personalize by engraving: Breitling may, at its sole discretion, offer to you for certain Breitling Products the possibility to customize your Breitling Product with an engraving. When this option is available, it will be shown during the checkout process. You, as the Customer, will be asked to provide the content to be engraved and will be responsible for the correctness of the content, for which Breitling does not assume any liability . Breitling may reject at its sole discretion orders for engraving Breitling Products that are in breach with Breitling's technical requirements and specifications, or are unlawful, objectionable, or contrary to Breitling's brand image or policies.
The applicable services that are available will be shown on the Breitling Channels and may be selected by the Customer during the checkout process. It will also be specified at the checkout whether the service is payable or complementary (provided free of charge). Note that customized or engraved Breitling Products cannot be returned to Breitling for a refund.
5. PROMOTIONS
5.1. GIFT WITH PURCHASE
At Breitling’s sole discretion, we may run promotions and offer eligible Customers a free gift (“Gift”) with the purchase of a Breitling watch or another qualifying Breitling Product (each a “Qualifying Product”).
To be eligible for a Gift, a Customer must:
(a) If the promotion details specify, create a personal Breitling account or log into your existing Breitling account;
(b) Order a Qualifying Product through the Breitling Channels; and
(c) Ensure that your Breitling order complies with the specified promotion requirements, which may include ordering within a specific time frame and from a particular location, as and if stated in the promotion details.
Any additional relevant information, including specific limitations and restrictions, will be displayed in the promotion details, if applicable.
In certain promotions, Customers may have the chance to choose their preferred Gift. When this option is available, Customers will be prompted to select their Gift and confirm their choice. If this option is not available, Breitling will automatically include the available Gift in the Customer’s shopping bag.
Items in the same order, including the Qualifying Product and the Gift, might be shipped separately and have different delivery dates. If the Customer returns the Qualifying Product, the Customer must also return the Gift received in accordance with the return rules set forth under these Conditions of Sale. If the Customer does not return the Gift in compliance with the rules, Breitling can charge the full retail price for the Gift and deduct this amount from any refund owed to the Customer.
Only authorized purchases will be processed and shipped. We reserve the right to cancel any order and shipment due to unauthorized, altered, or ineligible use of the promotion.
5.2 LIMITATIONS AND RESTRICTIONS
Gifts shall not apply to:
(a) Purchases made on third-party websites or channels, any Breitling website or channel in a country not included in the promotion, or at physical Breitling retail stores, including through authorized retailers; and
(b) Pre-orders or subscription buyouts placed or shipped during the promotion period.
Gifts are non-exchangeable and cannot be redeemed for cash, credit, or cash equivalent, nor can they be combined with other promotions. Please be aware that only one Gift will be applied per order.
Each Gift is provided at the discretion of Breitling and may be revoked or changed by us at any time. Gifts are also subject to specific restrictions, including their validity period, eligible locations, and availability.
6. SHIPPING AND DELIVERY
6.1. DELIVERY TIMES
Breitling shall arrange delivery of your Breitling Product through its selected logistics provider for each Country (the “Logistics Provider”). Breitling will use its best efforts to process your order as soon as possible. Standard delivery time is two (2) to three (3) working days from transmission by Breitling of the order confirmation, however these times are purely indicative and are not binding on Breitling. You are invited to indicate during the checkout process your preferred time slot of delivery (considering the above indicative delivery times). These indicative delivery times do not apply to optional services or promotions described in clauses 4 and 5 above.
Please note that Breitling Products cannot be delivered everywhere. All orders made through the Breitling Channels are limited to delivery in the Countries listed in these Conditions of Sale. You, as the Customer, must provide to Breitling a delivery address in one of the listed Countries. Additionally, we are unable to deliver to hotels and hostels, post office box addresses, and to certain military locations, or to any unsecure location where a person cannot sign for the Breitling Product.
Once your order has been shipped, you can track the transportation of your purchase by visiting the “My Orders” page on our Website.
Orders may be subject to delivery charges which if applicable we will notify you of at checkout. Special deliveries may be subject to additional delivery charges and different delivery times, which will be informed to you by Breitling, if applicable .
6.2. COLLECT OPTION
In some of the Countries, depending on availability (if any), you may also choose a Breitling Boutique, or another store as indicated by Breitling, as delivery address (the “Collection Point”) where you may collect the purchased Breitling Product (the “Collect Option”). This option, when available, will be shown at checkout page and you will be able to choose the nearest Breitling Boutique, or another store indicated by Breitling that best suits you.
If you choose the Collect Option, the responsibility for the Breitling Products passes to the Customer when the Customer collects the ordered Breitling Products at the Collection Point. The Customer will be notified via email once the ordered Breitling Product has arrived and can be collected at the Collection Point.
In case the Collect Option has been chosen, the Customer can collect the ordered Breitling Products at the Collection Point within a period of fourteen (14) days from notification. If the Customer does not collect the Breitling Products within this period, the order of the Breitling Products is automatically deemed to be cancelled by the Customer. Accordingly, any relevant sales contract is deemed null and void . Consequently, Breitling no longer has any obligation to sell the respective Breitling Products to the Customer and any amounts paid by the Customer will be refunded to the Customer via their payment method. Please note that this cancellation option is in addition and not a substitute to the withdrawal right mentioned in clause 7 below.
When collecting the ordered Breitling Products at the Collection Point, you, or your mandated recipient (who must show a written mandate from you and a copy of your identity document) must 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 recipient and store it in line with Breitling’s Privacy Policy https://www.breitling.com/zz-zz/privacy-policy/ .
6.3. RECEPTION AND VERIFICATION OF THE BREITLING PRODUCTS
Breitling will insure each purchased Breitling Product during the time it is in transit until it is delivered to you. The responsibility for the Breitling Product passes from Breitling to the Customer when the Logistics Provider delivers the Breitling Product to you or a designated recipient. We need an adult’s signature to confirm receipt of each Breitling Product delivered. If you have specified a recipient of the Breitling Product who is not you for delivery purposes (for example when you ordered the Breitling Product as a gift) then you understand and accept that evidence of a signature by such recipient (or at that delivery address) is evidence of delivery and fulfilment of the sales 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.
Your delivery package will contain your purchased Breitling Product with all related accessories (if any), the product manual, if applicable, certificate of official Swiss Chronometer Testing Institute and/or an e-Warranty Card, a Breitling Bag, the return instructions and the packing slip.
You are required to verify the quantity and condition of the Breitling Products on delivery. Please inform our Logistics Service Provider immediately in case of any apparent breakage or visible defects or damages to the package or to the Breitling Product. Please also inform our Concierge Service without delay in case of any such defect or damage you notice on delivery or within fourteen (14) days of delivery.
For any damage or defect in your Breitling Product that you, or the gift recipient, notices after the above period, you, or the gift recipient, must inform a Breitling authorized service center without delay from discovery of the defect or damage. Please refer to the section of the Website entitled “My watch needs a service” to find your nearest authorized service center. Failure to inform Breitling in accordance with these timelines may void your right to make a claim under our international warranty https://www.breitling.com/zz-zz/service/international-warranty/ as described in clause 10. Any return of your Breitling Product must be in accordance with the rules contained in clause 8.
7. RIGHT OF WITHDRAWAL
7.1. STATUTORY RIGHT OF WITHDRAWAL
You have the statutory right of withdrawal, i.e., right to cancel the contract between Breitling and you), without giving any reason, fourteen (14) days from the day on which you acquire, or your nominated recipient (other than the Logistics Provider) acquires, physical possession of the purchased Breitling Product(s). If more than one item is ordered under the same contract, then the cancellation period ends at the end of fourteen (14) days from the day on which the last of the Breitling Products comes into your, or your nominated recipient's, possession.
To exercise such a right and return your purchased Breitling Product(s), you must follow the rules described in clause 7.2 and clause 8, and may use the withdrawal form described in clause 7.3. Exceptions to the statutory right of withdrawal are regulated in clause 7.4.
7.2. EXERCISE OF THE RIGHT OF WITHDRAWAL
To exercise your statutory right of withdrawal, you must send us a clear statement (e.g., a letter sent by post to Breitling Europe B.V., New Yorkstraat 44, 1175 RD Lijnden, the Netherlands, or an email to info.eu@breitling.com ) informing your decision to make use of your right to cancel your contract. For this purpose, you may use the withdrawal form indicated in clause 7.3, 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. Once your request is received by Breitling, you will receive an email confirming your statement of withdrawal.
If you decide to exercise your right of withdrawal, you must return or hand over the Breitling Product to us immediately and without undue delay and in any event no later than fourteen (14) days from the date on which you notify us of the withdrawal, in accordance with the instructions provided to you by Breitling. This period shall be deemed to have been observed if you dispatch the Breitling Product before the expiry of the fourteen (14) days return period. You shall bear the direct costs of returning the Breitling Product.
Breitling will refund the purchase price, including shipping fees, immediately after receipt of the returned Breitling Product 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 you.
You shall be liable for any loss in value of the Breitling Product if this loss in value resulted from your handling of the Product which was not necessary for the purpose of checking its condition, properties and functionality.
7.3. MODEL WITHDRAWAL FORM
Model Withdrawal Form
(Complete and return this form only if you wish to withdraw from your contract)
- To Breitling Europe B.V., New Yorkstraat 44, 1175 RD Lijnden, the Netherlands, 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)
- Customer signature (only required for paper forms)
- Date
- (*) Delete where inapplicable.
7.4. EXCEPTIONS TO THE RIGHT OF WITHDRAWAL
The right to cancel your contract does not apply to the delivery of goods that are tailored to the personal needs of the Customer. This applies in particular to Breitling Products that have been customized or adjusted to fit your needs or have been engraved at your request.
8. RETURNS
Should you exercise your right of withdrawal in accordance with clause 7, Breitling is, in deviation from clause 7, willing to bear the costs for the return of your Breitling Product if you follow the return instructions (“Return Rules”) below. Your statutory right of withdrawal and defects warranty rights remain unaffected. Only Breitling Products that have been purchased through the Breitling Channels and that comply with the following Return Rules may be returned to Breitling and are eligible for a refund.
(a) Notify the Concierge Service that you wish to make use of your statutory right of withdrawal. You will be asked to provide a picture of the returned Breitling Product and provide proof of purchase. You can find a list with the specific country numbers and further contact information here.
(b) The Concierge Service will verify your purchase and whether the notification of the return is being made during the fourteen (14) days return period detailed in clause 7.2. The Concierge Service will also verify the condition of the Breitling Product.
(c) Only Breitling Products that are unused, undamaged, unaltered, in untarnished condition and that have not been worn may be returned. You must return the Breitling Product (including any accessories included in the price of the Breitling Product such as metal bracelets, gifts, tags, warranty cards, the Breitling Product manual, the certificate of the official Swiss Chronometer Institute (not required for the e-Warranty card), and any gift provided with purchase) in its original box and packaging. We reserve the right to refuse your return if any of these conditions are not met or the accessories included with your Breitling Product are not returned in full.
(d) You should not remove the original protective film and yellow log tag before trying on the Breitling Product, as this may affect the return. If you buy a leather/rubber strap, please do not wear it, or insert the watch pin into the hole of the strap until you are sure that you like it, because you cannot return it after wearing the leather/rubber strap.
(e) Please note that Breitling Products that are customized or engraved or watch straps that have been cut or adjusted to fit your wrist, are not eligible for returns.
(f) You must seal the delivery package carefully with additional adhesive tape if necessary and label the package with the return label generated and sent via email to you by the Concierge Service.
(g) The Concierge Service will organize a pick-up of the Breitling Product being returned from your address through Breitling’s Logistics Provider. Provided you use the return label provided by Breitling and our Logistics Provider, Breitling shall pay the cost of the return of the Breitling Product to Breitling and shall insure it during transit. Otherwise, Breitling is under no obligation to maintain insurance and the shipment of any Breitling Product will be at the sole risk and responsibility of the Customer.
(h) When Breitling receives the returned Breitling Product at its return center it will confirm receipt via email to you. Breitling will perform a quality control to verify that the returned Breitling Product satisfies the conditions of the Return Rules. If the returned Breitling Products does not meet Breitling’s quality control standards or the Return Rules, Breitling may refuse the return, and in such a case the Breitling Product will be sent back to you at your original shipment address. Alternatively, Breitling reserves the right to deduct from any refund an amount to reflect the reduction in value of the Breitling Product resulting from damage caused by you or excessive handling by you beyond what is necessary to establish that you were provided with the correct Breitling Product and that it functions correctly. Breitling will pay the cost of shipping the Breitling Product back to you and will insure it during transit. If the returned Breitling Product satisfies the quality control and Return Rules, Breitling will proceed with the applicable refund to your original payment method. Breitling shall keep you informed by email of the status of your refund.
(i) You must keep a proof of return shipment to Breitling and Breitling accepts no liability if such proof cannot be produced. Refunds are eligible only for Breitling Products returned to Breitling’s returns center.
(j) Only the original purchasing Customer is 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 payment method, no later than fourteen (14) days after receipt of the returned item by Breitling’s returns center.
9. BREITLING PRODUCT WITH A DEFECT
Breitling exercises great care to ensure that each Breitling Product 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.
Subject to the warranty period specified under our international warranty https://www.breitling.com/zz-zz/service/international-warranty/ as describedin clause 10, if your Breitling Product is determined to be defective by Breitling, Breitling will propose to you the following options:
(a) We repair the Breitling Product at no additional cost to you (including labor costs and spare parts).
(b) Subject to availability, we send you as a replacement the same Breitling Product in the exact same size.
(c) 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 for a higher value item that you agree to purchase.
If the repair of the Breitling Product would result in a manifestly disproportionate cost to Breitling or a replacement Breitling Product is unavailable, Breitling may also offer you a partial or full refund depending on the circumstances.
These options shall not deprive you of any additional mandatory remedies provided by applicable consumer protection laws from the Countries covered by these Conditions of Sale.
Breitling Products that are damaged because of mistreatment (having been dropped or subject to other physical mistreatment) or that have incurred unusual wear or tear are not considered to be defective and, in such event, Breitling shall not be obliged to repair such Breitling Products or provide you with any other remedy.
Breitling is only liable for damages insofar as Breitling’s liability cannot be excluded. Warranties given by Breitling (see clause 10) exist alongside claims for defective products.
10. STATUTORY WARRANTY AND BREITLING INTERNATIONAL WARRANTY
10.1. STATUTORY WARRANTY
In accordance with applicable consumer law, the Customer is granted a two (2)-year statutory warranty starting on the date of delivery of the Breitling Product. Any longer warranty protection granted under national laws is expressly reserved. The foregoing shall be without prejudice to any statutory rights (including regarding conformity) granted to consumers under their applicable national laws.
Sweden and Spain :
Customers domiciled in Sweden are granted a warranty period of three (3) years from delivery.
France
"The consumer has a period of two years from the delivery of the goods to obtain the implementation of the legal guarantee of conformity in case of a defect of conformity. During this period, the consumer is only required to establish the existence of the lack of conformity and not the date of its appearance.
"Where the contract of sale of the goods provides for the supply of digital content or a digital service on a continuous basis for a period of more than two years, the legal warranty shall apply to that digital content or digital service throughout the period of supply provided. During this period, the consumer is only required to establish the existence of the lack of conformity affecting the digital content or service and not the date of its appearance.
"The legal guarantee of conformity entails an obligation for the professional, where applicable, to provide all the updates necessary to maintain the conformity of the goods.
"The legal guarantee of conformity gives the consumer the right to repair or replace the goods within thirty days of his request, without charge and without major inconvenience to him.
"If the good is repaired under the legal guarantee of conformity, the consumer benefits from a six-month extension of the initial guarantee.
"If the consumer asks for the good to be repaired, but the seller imposes a replacement, the legal guarantee of conformity is renewed for a period of two years from the date of replacement of the good.
"The consumer may obtain a reduction in the purchase price by keeping the good or terminate the contract by obtaining a full refund against return of the good, if:
" 1° The trader refuses to repair or replace the goods ;
"2° The repair or replacement of the goods takes place after a period of thirty days;
"3° The repair or replacement of the goods causes a major inconvenience to the consumer, in particular when the consumer definitively bears the cost of taking back or removing the non-conforming goods, or if he bears the cost of installing the repaired or replaced goods;
"4° The non-conformity of the goods persists despite the seller's unsuccessful attempt to bring them into conformity.
"The consumer is also entitled to a reduction in the price of the goods or to rescission of the contract when the lack of conformity is so serious that it justifies the reduction in price or the rescission of the contract being immediate. The consumer is then not obliged to ask for the repair or replacement of the goods beforehand
"The consumer is not entitled to rescind the sale if the lack of conformity is minor.
"Any period of immobilization of the goods for repair or replacement suspends the warranty that remained until the delivery of the repaired goods.
"The rights mentioned above result from the application of Articles L. 217-1 to L. 217-32 of the Consumer Code.
"The seller who obstructs in bad faith the implementation of the legal guarantee of conformity is liable to a civil fine of up to 300,000 euros, which may be increased to 10% of the average annual turnover (Article L. 241-5 of the Consumer Code).
"The consumer also benefits from the legal guarantee of hidden defects pursuant to Articles 1641 to 1649 of the Civil Code, for a period of two years from the discovery of the defect. This guarantee gives the right to a price reduction if the good is kept or to a full refund against return of the good."
10.2. BREITLING INTERNATIONAL WARRANTY
In addition, any applicable statutory warranty, Breitling Products are covered by the warranty provided under our international warranty. The conditions of our international warranty are specified on our Website https://www.breitling.com/zz-zz/service/international-warranty/ and as well on the documents accompanying the Breitling Product. Our international warranty guarantees the Breitling Product against any manufacturing defect for a period of either two (2) or five (5) years, depending on the type of watch movement, and takes effect from the date of purchase of the Breitling Product. The e-Warranty card is activated at the time of the sale via the Breitling Channels.
Any person who has purchased a Breitling Product on the Breitling Channels can claim under the international warranty by showing e-Warranty card to any authorized Breitling retailer or distributor, as well as to any authorized Breitling service center.
11. REPAIRS BY BREITLING
Subject to the warranty period and conditions specified in clause 10, any manufacturing defect is covered by our international warranty https://www.breitling.com/zz-zz/service/international-warranty/ . 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.
12. ACCURACY OF PRICING AND PRODUCT DESCRIPTIONS
While Breitling endeavors to verify the correctness of any information it provides via the Breitling Channels and in our advertisements or catalogues, we make no warranties, whether express or implied, in relation to the accuracy, reliability and completeness of such information. Information on the Breitling Channels, and in our advertisements or catalogues, 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 through the Breitling Channels 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 only confirms the price of a Breitling Product with the issuance of an order confirmation. If a Breitling Product's correct price is higher than the price shown on the Breitling Channels, Breitling will either contact you for instructions before shipping the order or cancel the order and notify you of such cancellation.
Breitling will make every effort to ensure that the Breitling Product descriptions, photographs, or graphical representations displayed on the Breitling Channels or in a catalogue are accurate. Nevertheless, Breitling does not warrant that such materials or other content is error-free, whether as a result of inaccuracy, omission, mistake or otherwise . The Customer's sole remedy in the event of any such error is to return the Breitling Product as set forth in the Return Rules.
13. LIMITATION OF LIABILITY
Notwithstanding anything else in these Conditions of Sales, certain laws and regulations from the Countries covered by these Conditions of Sale (as listed in clause 1 ) may impose consumer guarantees, imply warranties or conditions, or impose obligations upon us, which cannot be excluded, limited, or modified. If any of these laws or regulations apply to you, some or all of the limitations below may not be applicable to you, and you may have additional rights. We do not exclude or limit in any way our liability to you where it would be unlawful to do so.
Subject to the above:
(a) We are liable, irrespective of the legal grounds, within the scope of fault-based liability, only for willful intent and gross negligence. In the event of simple negligence, we shall only be liable, subject to mandatory applicable law, for damages arising from death, personal injury, and from the breach by Breitling of a material contractual obligation to you upon which you rely for the proper performance of the contract. Liability for simple negligence is limited to compensation for the foreseeable, typically occurring damage.
(b) In no event shall Breitling be held liable for (I) indirect, special, or consequential damages of any kind arising in connection with Breitling Products, their use, their sale, or the Breitling Channels and (II) losses not foreseeable by both parties when the contract was formed.
(c) Without limiting the scope of these Conditions of Sale, no request whatsoever concerning delivered Breitling Products, the non-delivery of Breitling Products or any other request may exceed the amount of the purchase price of the Breitling Products which led to a claim for damages.
The limitations of liability stated in this clause 13 shall also apply to third parties as well as in the event of breaches of duty by persons (also in their favor) whose fault we are responsible for according to statutory provisions.
France :
In France, the above limitations of liability are not applicable to consumers.
Germany :
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).
14. GENERAL PROVISIONS
If certain provisions of these Conditions of Sale 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 Conditions of Sale.
These Conditions of Sale constitute the entire agreement between you and us in relation to the order of Breitling Products 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.
The waiver by us of a breach of any provision of these Conditions of Sale will not operate and/or be interpreted as a waiver of any other or subsequent breach.
This contract is between us and you. No other person shall have any rights to enforce any of its terms. However, if you purchase a Breitling Product as a gift, the recipient of your gift will have the benefit of our international warranty https://www.breitling.com/zz-zz/service/international-warranty/ .
15. APPLICABLE LAW AND JURISDICTION
These Conditions of Sale are governed by and construed in accordance with the laws of the Netherlands without reference to any conflict of law provisions. These Conditions of Sale shall not be subject to the United Nations Convention on Contracts for the International Sale of Goods. Any dispute, controversy or claim arising out of or in relation to the Conditions of Sale, including the validity, invalidity, breach, or termination of the Conditions of Sale, shall be resolved in accordance with the Conditions of Sale. 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 of Customer’s place of residence.
You may bring proceedings against us either in the court of Amsterdam, the Netherlands or in a competent court of the location where you are domiciled. We may also bring proceedings against you in the courts of your domicile.
16. OTHER IMPORTANT INFORMATION
Breitling is subject to information obligations for e-commerce distance selling contracts, which Breitling will comply with below.
16.1. CONTRACT ACCESSIBILITY
If you have created a customer account before placing your order, your orders and your contractual documents will be saved in this customer account and are available for you to call up and download.
16.2. CONSUMER DISPUTE RESOLUTION OPTIONS
Any complaints about the execution of the contract or a Breitling Product may be submitted by you to info.eu@breitling.com , clearly describing your personal information, as appropriate, and the nature of the complaint. Breitling endeavors to process 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 of when the Customer can expect a more detailed answer.
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 Conditions of Sale, or any breach thereof.
You may also submit your complaint through the Online Dispute Resolution (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/ . Please note that the use of this 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 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: consommation@cmap.fr ; and telephone number: +33 1 44 95 11 40. After a prior written request from the Customer 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 visit: www.mediateur-conso.cmap.fr.
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). 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 Belgium:
Belgian Customers also have the right to submit any dispute regarding the execution of the contract or a Breitling Product to an alternative dispute resolution body, the Consumer Ombudsman Service, which contact details are the following: North Gate II, Koning Albert II-laan 8 Bus 1 1000 Brussels, Belgium, telephone number: 02 702 52 00, contact@consumentenombudsdienst.be , and www.consumentenombudsdienst.be/nl .
Breitling Europe B.V., 31 October 2022.
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 #BreitlingCare 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 https://www.breitling.com/zz-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, 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 www.breitling.com/fr-zz/breitlingcare/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/es-zz/breitlingcare/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 #BreitlingCare which you can find here www.breitling.com/zz-zz/breitlingcare/insurance/.
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/breitlingcare/.
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)
- 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 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 : consommation@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, 29th March 2022