Conditions of Sale
Additional Services
GENERAL 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 Breitling Europe B.V. 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 email here (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. Our use of your personal information will be governed by our Privacy Policy, that can be found here.
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; 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 11. 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 (a) be at least eighteen (18) years old and have legal capacity to enter into these Conditions of Sale, if you are a natural person; or (b) have the legal power, capacity and authority to enter into these Conditions of Sale, if you are a company; and (c) have a shipping address in one of the listed Countries. In some cases, you may be able to provide an international billing address (outside of the Countries), except for sanctioned regions. If this option is available, it will be shown to you at checkout.
If you are under the legal age of adulthood or otherwise cannot lawfully enter into a contract, only your parent, representative 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 purchasing Breitling Products for resale or 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 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 and confirm that you have read and accept our Privacy Policy.
If you prefer to place an order by telephone or email 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, we will notify you and 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 or email 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 after you placed your order and 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 0 and 0 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 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 disclosed 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, to the extent permitted by law, Breitling may 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, or due to the violation of other provision under these Conditions of Sale.
5.2. LIMITATIONS AND RESTRICTIONS
Any promotion hereunder shall not apply to:
(a) Any purchases made on any third-party website or channel or made on any Breitling website or channel in another country outside of the country-specific websites for the Countries covered by these Conditions of Sale.
(b) Any purchases made at any Breitling retail boutiques or any other physical point of sale of Breitling Products, including through authorized retailers.
Each promotion is subject to the limitations detailed for it set out in the terms of the promotion, including their validity period, eligible locations, and availability. Each promotional offer may be withdrawn, extended or changed by us at any time, but any such changes will not impact orders that have already been placed by you before the change comes into effect.
Each promotion may not be combined with any other offers. Gift vouchers may not be used for any prior purchases or for any purchases made after the relevant promotion period has ended. Breitling shall have no liability to Customers for any changes in a promotion, or for the unavailability of gifts or other benefits under a promotion.
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, will be displayed on the payment page before you confirm and place your order. Special deliveries may incur additional charges and have different delivery times. In such cases, if available, you will be able to select the option and review any applicable charges before completing your order.
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.
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 as described in clause 9. 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, thirty (30) 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 thirty (30) 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 thirty (30) 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 thirty (30) 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 thirty (30) 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
The requirements below do not exclude or replace your consumer guarantee rights under applicable consumer law.
If you need to return your purchased Breitling Product(s) to exercise your right of withdrawal, or if they do not conform to these Conditions of Sale (including any defective or damaged Breitling Product), you must follow the return rules and requirements described in this clause 8 (“Return Rules”). Only Breitling Products purchased through the Breitling Channels and that comply with the following Return Rules may be returned to Breitling.
Important Notice for statutory right of withdrawal 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 defect warranty rights remain unaffected.
(a) Notify the Concierge Service that you wish to return your Breitling Product and provide the reason for the return (i.e., right of withdrawal or defective Breitling Product). You may be asked to provide a picture of the returned Breitling Product and proof of purchase. You can find a list of specific country contact numbers and further information here.
(b) The Concierge Service will verify your purchase and ensure the return notification is made within the fourteen (14) day return period detailed in clause 7.2, in the case of a right of withdrawal return.
(c) For right of withdrawal returns, only Breitling Products that are unused, undamaged, unaltered, and in untarnished condition, and that have not been worn, may be returned. You must also return the Breitling Product (including any accessories 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 gifts provided with purchase) in its original box and packaging. We reserve the right to refuse your return if these conditions are not met or if the accessories are not returned in full.
(d) You should not remove the original protective film and yellow logo tag before trying on the Breitling Product, as this may affect your right to cancel. If you buy a leather or rubber strap, please avoid wearing it or inserting the watch pin into the strap until you are certain you want to keep it, as returns will not be accepted if the Breitling Product shows any signs of wear, unless the Breitling Product fails to meet a consumer guarantee under applicable consumer law.
(e) Breitling Products that are customized or engraved, or watch straps that have been cut or adjusted to fit your wrist, are not eligible for right of withdrawal returns but can be returned if the Breitling Product fails to meet a consumer guarantee under applicable law.
(f) For right of withdrawal returns, carefully seal the package 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 will cover the return shipping costs and insure the item 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) Upon receipt of the returned Breitling Product at its return center, Breitling will confirm receipt via email. A quality control check will be conducted on the returned item to ensure it satisfies the Return Rules. If the returned Breitling Products does not meet Breitling’s quality standards for returns, and there has been no breach of consumer guarantee under applicable law, Breitling may refuse the return. In such cases, the product will be sent back to you at your original shipping address. Alternatively, for right of withdrawal returns, 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. Breitling will pay the cost of shipping the Breitling Product back to you and will insure it during transit.
(i) For right of withdrawal returns, if the returned Breitling Product passes the quality control, or Breitling determines there has been a breach of consumer guarantee, and the Return Rules are followed, then Breitling will process the applicable refund or provide another appropriate remedy under the law. The refund, if applicable, will include a refund of the shipping costs that you originally paid to us, unless you paid for an enhanced delivery service, in which case you are only entitled to a refund of the costs of standard delivery. Breitling shall keep you informed by email.
(j) You must keep a proof of return shipment to Breitling and Breitling accepts no liability if such proof cannot be produced. Refunds for right of withdrawal returns are eligible only for Breitling Products returned to Breitling’s returns center.
(k) For right of withdrawal returns, only the original purchasing Customer is entitled to receive a refund. Gift recipients are not eligible to receive a refund. Breitling will use reasonable efforts to credit the refund to the Customer's payment method within fourteen (14) days after the returned item is received by Breitling’s returns center.
9. BREITLING PRODUCT WITH A DEFECT
9.1. STATUTORY WARRANTY
9.1.1. In accordance with applicable consumer law, the Customer is entitled to a two (2)-year statutory warranty starting from the date of delivery of the Breitling Product. Any longer warranty protection provided under national laws is expressly reserved. The foregoing is without prejudice to any statutory rights, including those regarding product conformity, granted to consumers under their applicable national laws.
Sweden and Spain:
Customers domiciled in Sweden and Spain are granted a warranty period of three (3) years from delivery. France - the following applies to Customers domiciled in 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.
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.
9.2. BREITLING INTERNATIONAL WARRANTY
In addition to any statutory warranties provided to consumers under applicable consumer law, Breitling Products are also covered by our international warranty. The conditions of this international warranty are specified on our website https://www.breitling.com/zz-zz/service/warranties/ and in the documents accompanying the Breitling Product. Our international warranty covers any manufacturing defect for either two (2) or five (5) years, depending on the type of watch movement, and takes effect from the date of purchase. The e-Warranty card is activated at the time of 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.
9.3. CLAIMS UNDER BREITLING INTERNATIONAL WARRANTY
Breitling takes great care to ensure that each Breitling Product complies with strict quality criteria, has passed all technical and aesthetic inspections, meets rigorous quality standards, is fit for its intended purpose, matches its description, and is of satisfactory quality. However, if you find defects in the Breitling Product you have purchased, please contact Breitling and return it without delay, in accordance with our Return Rules stated in clause 8.
Subject to the warranty period specified under our international warranty, if your Breitling Product qualifies for a valid claim under Breitling’s international warranty or the Breitling Warranty Extension (if applicable), Breitling will offer you the following options:
(a) Repair the Breitling Product at no additional cost to you (including labor costs and spare parts); or
(b) Subject to availability, send you as a replacement the same Breitling Product in the exact same size; or
(c) 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 repairing the Breitling Product would incur a manifestly disproportionate cost to Breitling, or if a replacement is unavailable, Breitling may offer a partial or full refund, depending on the circumstances. These options do not affect any additional mandatory remedies provided by applicable consumer protection laws in the Countries covered by these Conditions of Sale.
Breitling Products damaged due to mistreatment (such as being dropped or subjected to physical mistreatment) or showing signs of unusual wear and tear are not considered defective. In such cases, Breitling is not obligated to repair the product or provide any other remedy.
Breitling’s liability is limited to cases where it cannot be excluded by law. The warranties provided by Breitling exist alongside any statutory claims for defective products. For repair inquiries, you are invited to contact the Concierge Service or refer to the section “My watch needs a service” of our Website.
For additional terms and information, please check our international warranty page.
10. 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, to the extent permitted by law, 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 at the time you made your order, 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.
11. 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 11 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).
12. 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.
13. 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.
14. OTHER IMPORTANT INFORMATION
Breitling is subject to information obligations for e-commerce distance selling contracts, which Breitling will comply with below.
14.1. 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.
14.2. 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., 20 September 2024.