Terms & conditions

1. APPLICABILITY

The following conditions and any other related terms made available as provided herein (hereafter the "General Conditions of Sale") shall apply to all sales of Breitling products that you (also referred to as the "Customer") may order from Breitling USA, Inc., a corporation organized under the laws of Connecticut (referred to as "us", "our" or "we" or “Breitling”) either (a) on the Internet via Breitling's Website, under the URL "www.breitling.com/us-en/" (the "Website") or (b) via the Customer Relation Service of Breitling which can be contacted by phone (1-866-657-7670) (the "Customer Relation Service").

These General Conditions of Sale apply solely to sales made online through the Website or the Customer Relation Service by individuals who have a shipping address in the United States of America or U.S. territories. These General Conditions of Sale do not apply to sales conducted through Breitling retail boutiques and/or through authorized retailers.

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

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

From time to time, Breitling may modify these General Conditions of Sale in its sole discretion. Please check our Website on a regular basis to be informed of any changes. If you do not agree to changes brought to the General Conditions of Sale, you should contact the Customer Relation Service to stop your interaction with us and refrain from making any online order of Breitling products through the Website or the Customer Relation Service.

2. ORDERING BREITLING PRODUCTS

2.1 ELIGIBILITY TO PURCHASE OUR PRODUCTS

Individuals ordering Breitling products on the Website or through the Customer Relation Service must (a) have reached the age of majority (eighteen years old in most States), (b) have legal capacity to enter into contracts and (c) have a shipping address in the continental United States of America or in the US territories such as Alaska, Hawaii, Puerto Rico or the District of Columbia. Legal entities are excluded. If you are under the age of majority or otherwise cannot lawfully enter into a contract, only your parent or guardian can place an order on your behalf and thus consent to these General Conditions of Sale. Any orders contrary to this provision will be null and void.

By placing an order on the Website or through the Customer Relation Service, you guarantee that you are purchasing the products in good faith and will not purchase, deliver, sell or otherwise distribute Breitling products for commercial purposes or for any 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.

2.2 AVAILABILITY OF OUR PRODUCTS

Breitling reserves the right to modify the selection of products proposed on the Website or through the Customer Relation Service and may limit the quantity of Breitling products that a customer can order. All orders placed on the Website or through the Customer Relation Service are subject to availability and acceptance by Breitling.

You will find information regarding products that are currently available for sale on the dedicated product pages of the Website or through our Customer Relation Service (1-866-657-7670) which will assist you with your purchase.

2.3 CREATING AN ACCOUNT OR USING THE GUEST CHECKOUT

In order to place an order on the Website or through the Customer Relation Service, you or the Breitling Customer Relation Associate on your behalf may register and create a personal account available on the Breitling Website. You will be required to provide valid and accurate personal information, such as your name, phone number and e-mail address, and to confirm that you have reached the age of majority.

You can also place an order as a guest without creating an account (using the option Guest Checkout). You can decide to create your Breitling account later, upon receiving your order confirmation. Such account will not include transactions made prior to the creation of the account though.

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

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

Any change to the information required to place an order or to open an account will be posted on the Website.

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 Customer Relation Service or notify Breitling at the following e-mail address: info.us@breitling.com. Should Breitling reasonably suspect that a third party has breached a customer's account or has misused a customer account credentials, Breitling shall immediately cancel and terminate such account and contact you by other means (e.g. via email or phone).

2.4 PROCESSING YOUR ORDERS

When selecting a product on the Website, click on the "add to my basket" button to place this product in your shopping basket. You may continue shopping for other products and add them to your shopping basket (subject to availability and quantity limits) or proceed to "checkout" by clicking on this button. You may also remove one or several products you have selected by selecting "X" next to the chosen product in the shopping basket.

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

If you prefer to place an order by telephone through the Customer Relation Service (1-866-657-7670) a Breitling Customer Relation Associate will complete the order process on your behalf. Written inquiries and questions may be directed to:
Breitling USA Inc.
Customer Relation Service
206 Danbury Road
Wilton, CT 06897, USA.

You may be invited to provide additional personal information when placing an order on the Website or through the Customer Relation Service, such as shipping and/or billing address and payment details. You warrant that all personal information given to Breitling is true and accurate. Breitling or its third-party providers may collect additional information at this time for security and anti-fraud purposes.

Notwithstanding anything to the contrary provided for herein, Breitling reserves the right to refuse, cancel and terminate orders at any moment and at its sole discretion. This can occur if there is an ongoing dispute concerning payment of a prior order or if Breitling suspects a violation of these General Conditions of Sale.

2.5 ORDER CONFIRMATION

You are responsible to verify and confirm all details on the payment page before placing your order through the Website, including without limitation the specific details of each sale. When placing an order through the Customer Relation Service, the Breitling Customer Relation Associate will ask you to confirm the details of your order orally.

2.6 ORDER ACKNOWLEDGMENT

Breitling will send you an order acknowledgement by email, once you have placed your order on the Website or through the Breitling Customer Relation Associate, 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 does not constitute acceptance of your order.

When ordering by telephone through the Breitling Customer Relation Associate, you will also receive by email these General Conditions of Sale along with the order acknowledgement. You are invited to carefully review these General Conditions of Sale upon receipt.

2.7 ORDER APPROVAL

Following completion by Breitling of its anti-fraud, security and related legal checks, Breitling will send you by email an order approval notifying you that your selected product(s) is(are) being prepared for shipment.

2.8 ORDER CONFIRMATION

Upon shipment of your order, Breitling will send you by email a written order confirmation. The order confirmation constitutes the acceptance of your order by Breitling and indicates the existence of a binding sales contract.

2.9 PRE-ORDER

"Pre-ordering" a watch means that you are reserving and paying for a certain reference, like the AVI Ref. 765 1953 Re-Edition, the Chronomat B01 42, the Navitimer Automatic 35, the Superocean Heritage ’57, the Superocean Heritage B01 Chronograph 44 Limited Edition or the Superocean Automatic 36, that will be shipped on a future date. By making a timely pre-order deposit, you will be given a priority to obtain one of these special edition watches.

Breitling is happy to receive your pre-order for this product. Payment for your pre-order will be taken at the time the order is placed: a pre-order product is added to your online basket and payments can be made by credit card and Paypal. An acknowledgement email summarizing your pre-order will be sent to your email address.

Please be aware of the following terms and conditions that shall apply to this pre-order purchase:

Pre-Order Deposit

Placing a pre-order deposit for the AVI Ref. 765 1953 Re-Edition, the Chronomat B01 42, the Navitimer Automatic 35, the Superocean Heritage ’57, the Superocean Automatic 36 or the Superocean Heritage B01 Chronograph 44 Limited Edition provides a priority access to that reference as soon as it becomes available.

The deposit amount shall be thirty percent (30%) of the purchase price of the selected piece. The watch is not yet in stock but is expected within the next three (3) months of your order.

You acknowledge that Breitling may not be able to fulfil your pre-order. If this were the case Breitling will inform you hereof by email and will credit back on your credit card or Paypal account the down payment made at the time of pre-order. You will not be entitled to any compensation or remedy in case of cancellation by Breitling of your pre-order, whatever the reason.

The following terms shall apply to such pre-orders:

  • All deposits received shall be refundable as long as the order is cancelled prior to the date Breitling notifies the customer that the watch is ready for shipment.
  • Payment for the remaining balance of your order will usually be requested 5 working days before the watch is expected to be shipped
  • The watch will be shipped after the full payment is received.
  • An email will be generated for the remaining amount(s) to be paid and will be sent to your email address with instructions on how to pay the final amount.
  • Additionally, Breitling’s customer relation service may contact you by telephone to make arrangements for the delivery and the fulfillment of your order.

Availability

Please do not hesitate to contact Breitling customer relation service for an update as to the status of your order and be sure to check your email inbox and junk mail as we send out update notifications.

Contact for US info.us@breitling.com; by phone (1-866-657-7670)

Cancellation prior to dispatch of products

If you wish to cancel your pre-order at any time prior to Breitling sending the notification that the watch is ready to ship, please contact Breitling customer relation service and we will be happy to process a full refund of your deposit.

After your order is shipped, any returns will be subject to Breitling’s online return policy.

3. PAYMENT

3.1 INFORMATION ABOUT PRICES, TAX AND DELIVERY COSTS

All prices displayed on the product pages of the Website or provided by the Customer Relation Service are in U.S. Dollars.

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

Actual delivery costs and applicable taxes will be indicated on the payment page before you are invited to confirm and place your order (in the case of a Website order) or will be quoted by the Breitling Customer Relation Associate (in the case of a telephone order).

For your information, note that delivery costs are described in the shipping and delivery information set forth below.

Sales and use taxes many vary based on the location to which products are being shipped; they are calculated at the time when your order is shipped. Note that changes to applicable law between the date your order is placed and the date the product is shipped may occur. 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.

Such costs and taxes will be included on your order confirmation email and invoice. Note that Breitling will not send the invoice and payment details to a Gift Recipient, if applicable.

3.2 PAYMENT METHODS

3.2.1 PAYMENT BY CREDIT CARD

Breitling accepts the following credit cards: Visa, MasterCard, JCB, American Express, Diner's Club and Discover.

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

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

All credit/debit card holders are subject to verification, validation checks and authorization by the card issuer. If the issuer of your payment card refuses to authorize payment to Breitling, you need to contact your card issuer directly to resolve the issue. Breitling will not be liable for delay or non-delivery.

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

The amount of your purchase will be blocked on your credit card until your order is shipped to the shipping address you have provided to Breitling, at which time you will be sent an order confirmation email and your credit card will be charged the appropriate purchase price.

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

Under U.S. law, Breitling is prohibited from making sales of its goods to individuals or companies designated on the Office of Foreign Assets Controls (“OFAC”), Specially Designated Nationals (“SDN”) List, or to country destinations sanctioned by the U.S.A. Breitling will refuse to process any such transactions.

3.2.2 PAYMENT BY PAYPAL

You may also have the option to pay by using Paypal under the conditions specified on the Website.

3.2.3 FINANCING THROUGH AFFIRM -- A THIRD PARTY FINANCE COMPANY INDEPENDENT OF BREITLING

Breitling is pleased to offer “qualifying” Customers the option to pay for watch purchase(s) through a deferred payment option that will allow the purchase price of a watch to be paid in installments. This program is offered through Affirm and Breitling is not privy to information shared by a Customer with Affirm in exploring a financing option.

Customers interested in exploring financing options for watch purchases may click to learn about the specific terms that may be extended to qualified customers based on a credit review that will be performed by Affirm.

Affirm is a company which is independent of Breitling and Affirm loans are made by Cross River Bank, a New Jersey State Chartered Commercial Bank, Member FDIC.

See www.affirm.com for details.

3.2.4 TRADE-IN YOUR WATCH FOR A VOUCHER CREDIT THROUGH CROWN & CALIBER-- A THIRD PARTY WATCH PURCHASE & APPRAISAL COMPANY

Breitling is pleased to offer registered Customers the services of Crown & Caliber.
Crown & Caliber, independently of Breitling and at no cost to the Customer, will appraise a Customer’s pre-owned watch and make an offer to purchase the watch that will be contingent upon a physical inspection of the watch.

By clicking this link, a Customer may participate in this trade-in program (“Breitling’s trade-in program), and follow the required steps to upload a photograph and information regarding their watch that will provide the basis for Crown & Caliber’s preliminary appraisal that will be communicated to the Customer.

After receiving the preliminary appraisal, if a Customer wishes to proceed with a trade-in, a shipping label and packaging materials will be provided so that the watch can be shipped by the Customer to Crown & Caliber.  Crown & Caliber will then perform a physical inspection of the watch, which will either result in a confirmation of the preliminary appraisal or in the watch being returned to the Customer should Crown & Caliber determine that the watch is not eligible for this trade-in program.  In such case, the Customer will be informed as to any adverse determination and the watch will be returned to the Customer free of charge.

Otherwise, upon confirmation of the preliminary appraisal, the Customer will be deemed to have accepted the offer to trade-in their pre-owned watch at the price offered in the Preliminary Appraisal and Breitling will issue the Customer a voucher (the “Voucher”) that will entitle the Customer to the appraised value, and as set out in more detail in the following. 

To redeem the Voucher in this Breitling trade-in program, a Customer will be given a unique identification number that will enable the Voucher to be utilized (one time) as a credit against a future watch purchase on Breitling’s US website (at check-out). Any watch Customer wishes to purchase with a Voucher must be for a purchase price that exceeds or equals the value of the Voucher. A Voucher can only be used once, and cannot be combined with any other voucher(s) or credits. Please be advised that the Customer is solely and exclusively responsible for maintaining the security of the Voucher and for protecting the identification number associated with the Voucher and for any unauthorized use or redemption of the Voucher.

To redeem a voucher online on Breitling’s US website, the Customer shall input the Voucher code on the Order Review page of the Breitling.com checkout process.

For a watch purchased using a Voucher, Breitling’s return policy according to Section 6 above (“Returns”) will apply. In the case of a return, the Voucher previously used will be reactivated, and the supplementary amount paid during the checkout process will be refunded; Customer will not be eligible for any other method of refund.

Crown & Caliber is a company that is independent of Breitling and is solely responsible for the appraisal process.  Breitling shall not be responsible for any adverse appraisal decisions or other determinations that a pre-owned watch is not eligible to participate in this program.

Please note that Breitling may at any time in its sole discretion decide to discontinue the present trade-in program.

4. COURTESY OF BREITLING

Breitling will propose to its Customers the following complimentary services free of charge:

  • Delivery of a Breitling box with gift wrap: your product will be delivered to you in an attractive wrapped Breitling box.
  • Adjustment of your watch bracelet: When available for the watch you have purchased, please indicate your wrist size in millimeters or in inches either on the Website or to the Breitling Customer Relation Associate.
    Should you request a metal watch bracelet adjustment, the removed links will be returned to you in the delivery package. Costs will be incurred if additional bracelet links are required.
  • Exchange of your watch leather strap: Breitling offers you a standard leather strap length. The leather strap can be changed to a short or long strap upon request on the Website or to the Customer Relation Service.
  • Personalize your offer with a gift note: You may add a note that will be printed by Breitling on a gift card and included in your order shipment.

5. SHIPPING AND DELIVERY

5.1 DELIVERY TIMES

Breitling will only accept to deliver orders to addresses in the continental United States, Alaska, Hawaii, Puerto Rico and the District of Columbia. No orders will be shipped to PO boxes or APO/FPO addresses.

Package delivery time will depend on credit approval, address verification and order processing. Once the order is processed and ready for shipment, we will send you the order confirmation by email.

The following estimated delivery times are indicative and based on our reasonable efforts to ensure prompt delivery

  • Express delivery via UPS (where available), free of charge: 1-3 business days (subject to stock availability)

You may also select the option to receive an email notification with the tracking information related to the delivery of goods.

In case of bracelet adjustment, leather strap exchange or gift card writing, express delivery may be delayed. A Breitling Customer Relation Associate will contact you to agree on other arrangements.

Your delivery package will contain your purchased Breitling product with all related accessories (if any); the Product Manual, as applicable; the Certificate of Official Swiss Chronometer Testing Institute and an eWarranty Card; a Breitling Bag; the return instructions and the packing slip without price. We will also include a thank you note and the printed gift note containing your message, if you have requested it at the time of the order.

You, as the Customer will receive an invoice that will be sent to your email address as a pdf attachment.

5.2 RECEPTION AND VERIFICATION OF THE GOODS

Breitling will insure each purchase during the time it is in transit until it is delivered to you. We require the collection of an adult’s signature to confirm your receipt of each Breitling product delivered, at which point responsibility for the purchased goods passes to you. If you have specified a recipient of the Product who is not you for delivery purposes (for example when you ordered the Product as a gift) then you understand and accept that evidence of a signature by such recipient (or at that delivery address) is evidence of delivery and fulfillment of the sale contract by Breitling and transfer of responsibility to the recipient in the same way as if the product had been delivered to you directly.

It is your responsibility to verify the condition of the package upon delivery. Should you notice any damage to the box or any possibility that the package may have been altered during shipping, please contact Breitling customer service immediately.

6. RETURNS

6.1 TIMEFRAME TO RETURN BREITLING PRODUCTS

The Customer or Gift Recipient is allowed to return Breitling products purchased on the Website or through the Customer Relation Service within thirty (30) days following the purchase order date subject to the further conditions set forth below.

6.2 PROCESS TO RETURN BREITLING PRODUCTS

Only Products that have been purchased on the Website or through the Customer Relation Service may be returned to Breitling following these procedures.

If a Customer or Gift Recipient wishes to return a product to the Breitling Customer Service distribution center, then such person must comply with the following steps:

Notify the Customer Relation Service at 1-866-657-7670 to request a return. Breitling Customer Relation Associate will then verify that the original purchase and that the return is being made during the 30-day return period.
You will be given an option to choose an address and a pickup date where our logistic partner (UPS) will collect the parcel at the time and designated location and will bring along the return label.
Breitling Customer Relation Associate will provide you with the UPS Tracking Number. Include with the product, all accessories, the Product Manual, the Certificate of Official Swiss Chronometer Institute, the eWarranty Card and all other documents, in their original box within the package.
Seal the delivery package carefully with additional scotch if necessary.
Bring the package to any official UPS location or to the designated pickup location.
When Breitling receives the returned package at its Customer Service center, an email will be sent to you confirming receipt of the return.

Importance Notice:

Breitling products must be returned in their original condition, in a new, unused and perfect state, with all protection, tags and stickers attached to them, with the original Breitling box and delivery package, including all accessories and documentation. Breitling will refuse returns if the product shows signs of wear or has been used or altered from its original condition in any way.

When the Customer or Gift Recipient decides to return a purchased product within the 30-day period, Breitling will carry a policy of insurance on the returned merchandise so long as the return is authorized through the above rules and was made using the Breitling provided UPS shipping label that may only be obtained from Breitling. Otherwise, Breitling is under no obligation to maintain insurance and the safe shipment of any Breitling product will be at the sole cost, risk and responsibility of the Customer.

The Customer or Gift Recipient must keep a proof of return shipment and Breitling accepts no liability in the event that such proof cannot be produced. Refunds are eligible only for merchandise received by the Breitling Customer Service distribution center at the address mentioned above.

Upon receiving a return, Breitling will verify that the returned product satisfies the conditions of the return conditions. Breitling will apply strict Quality Control (QC). If the products do not meet QC standards, Breitling will refuse the return, and the products will be sent back to the Customer or the Gift Recipient, as applicable. If the returned product satisfies QC, Breitling will proceed with the applicable refund.

Only a Customer will be entitled to receive a refund. In no event will a Gift Recipient be eligible to receive a refund. Breitling will use reasonable efforts to credit the refund to the Customer's credit card or Paypal account, no later than fourteen (14) days after receipt of the returned item by the Breitling Customer Service distribution center.

6.3 EXCEPTIONS TO THE RETURN OF A PRODUCT

Breitling products that have been engraved cannot be returned to Breitling for refund.

Watch bracelets that have been adjusted at the Customer's request must be returned with the exact same number of links as in the original delivery package.

6.4 BREITLING PRODUCT WITH A DEFECT

Breitling exercises extreme care to ensure that each product strictly complies with our strict quality criteria and that it has passed all technical and aesthetic controls.

Should you receive a product which seems to be damaged, please return it to Breitling in accordance with our return rules. Items that are damaged as a result of wear are not considered to be defective.

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

we send you the same product in the exact same size, subject to availability,
we replace the 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, or
you, as the Customer, may request a full or partial refund of your initial purchase.

7. REPAIRS BY BREITLING

You are invited to contact a Breitling Customer Relation Associate for any inquiries concerning repairs. Please contact us by emailing info.us@breitling.com or by calling 1-866-657-7670.

8. ACCURACY OF PRICING AND PRODUCT DESCRIPTIONS

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

Breitling only confirms the price of a Breitling product with the issuance of an order confirmation, indicating the existence of a binding sales contract. If a product's correct price is higher than the price posted on our Website, Breitling will either contact you for instructions before shipping the order or cancel the order and notify you of such cancellation.

Information on the Website or obtained from the Customer Relation 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 Customer Relation Service including, but not limited to, the implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, reasonable care and skill, or non-infringement, in no event will Breitling be liable for damages other than actual direct damages proven in court of law.

Breitling will make every effort to ensure that the product descriptions, photographs or graphical representations displayed on the Website or in a catalog are as accurate as possible. Nevertheless, Breitling does not warrant that such materials or other content is error-free, whether as a result of inaccuracy, omission, desuetude or otherwise. The Customer's sole remedy in the event of any such error is to return the product as set forth in the return conditions stated above.

9. ENTIRE AGREEMENT

The General Conditions of Sale (as amended from time to time) include the Breitling policies incorporated herein (e.g., Privacy Policy and Website Terms of Use) and confirmation notices that you receive from Breitling. They constitute the entire agreement between you and Breitling regarding your purchase of Breitling Products through the Website or the Customer Relation Service and supersede any prior General Conditions of Sale or any other agreement or understanding, arrangements, undertaking or proposal, written or oral, between you and Breitling. In the event any other rules, code of conduct, or other communication posted on the Website conflict with the terms of the General Conditions of Sale, the latter shall govern. No oral representation or agreement given by any party shall alter the interpretation of the General Conditions of Sale. You confirm that, in agreeing to accept the General Conditions of Sale, you have not relied on any representation save insofar as the same has expressly been made a representation in the General Conditions of Sale and you agree that you shall have no remedy in respect of any misrepresentation which has not become a term of the General Conditions of Sale save that your agreement contained in this clause shall not apply in respect of any fraudulent misrepresentation whether or not such has become a term of the General Conditions of Sale.

10. NO WAIVER

No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.

11. GOVERNING LAW; ARBITRATION OF CLAIMS

These U.S. Conditions and, therefore, the agreements entered into with the Clients, are governed by and shall be interpreted in accordance with the laws of the state of New York without regard to its conflict of laws provisions or choice of law rules. The General Conditions of Sale shall not be subject to the United Nations Convention on Contracts for the International Sale of Goods.

To the maximum extent permissible by applicable law, any claim, dispute, or controversy (whether in contract, tort or otherwise, whether preexisting, present or future, and including, but not limited to, statutory, common law, intentional tort and equitable claims) arising from or relating to the Products, the interpretation or application of these Conditions, the Privacy Policy or the breach, termination or validity thereof, and/or the relationships which result from these Conditions (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories hereto) (collectively, a "Claim") WILL BE RESOLVED, UPON THE ELECTION OF BREITLING, EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION. Arbitration is a process established by law that allows parties to a transaction to agree to resolve their disputes by an independent arbitrator, rather than by a judge and jury. If arbitration is chosen, it will be conducted pursuant to the Rules of the American Arbitration Association. If arbitration is not chosen, the Claim shall be submitted to the exclusive jurisdiction of the state and federal courts in the State of New York, County of New York, Borough of Manhattan. If arbitration is chosen by Breitling with respect to a Claim, neither Breitling nor Customer will have the right to litigate that Claim in court or to have a jury trial on that Claim or to engage in pre-arbitration discovery, except as provided for in the applicable arbitration rules or by agreement of the parties involved. Further, to the maximum extent permitted by applicable law, Customer will not have the right to participate as a representative or member of any class of claimants pertaining to any Claim. Notwithstanding any choice of law provision included in these General Conditions of Sale, this arbitration agreement is subject to the Federal Arbitration Act (9 U.S.C. §§ 1-16). The arbitration will take place exclusively in the State of New York, New York County, Borough of Manhattan. Any court having jurisdiction may enter judgment on the award rendered by the arbitrator(s). To the maximum extent permitted by applicable law, each party involved will bear its own cost of any legal representation, discovery or research required to complete arbitration. The existence or results of any arbitration will be treated as confidential.

Notwithstanding anything to the contrary contained herein, all matters pertaining to the collection of amounts due to Breitling for the sale of Products will be exclusively litigated in court rather than through arbitration.

In the event of any Claim, the prevailing party shall be entitled to additionally recover reasonable legal expenses and costs, including attorney’s fees, from the other party.

Last Revised: February 18, 2018

TERMS & CONDITIONS OF SALE FOR ADDITIONAL SERVICES

1.    APPLICABILITY

The following conditions and any other related terms made available as provided herein (“Terms of Sale for Services” or “TSS”) shall apply to additional services as provided by Breitling to it’s customers (“Breitling Services”) that you, acting as consumer, (also referred to as the “Customer(s)”) may order from Breitling USA, Inc., a corporation organized under the laws of Connecticut (referred to as “us”, “our”, “we” or “Breitling”) on the Internet via Breitling's website, under the URL “https://www.breitling.com/us-zz/” (“Website”).

Only if either expressly stated below and/or communicated to you separately in the specific Breitling Boutique, certain Breitling Services may also be offered for purchase to Customer(s) via the Concierge Service of Breitling (“Concierge Service”) and/or within a dedicated Breitling Boutique, for which in either case the Terms of Sales for Services apply accordingly.

The Concierge Service of Breitling can be contacted by phone in each country into which Breitling is selling to. You can find a list with the specific country numbers and further contact information here https://www.breitling.com/zz-zz/store/services/contact/.

The Terms of Sale for Services 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 residing in the continental United States of America, Alaska, Hawaii, or in the U.S. territories such as Puerto Rico or the District of Columbia (the “Territory of the USA”).
From time to time, Breitling may modify the Terms of Sale for Services at its sole discretion.

Breitling will announce such modifications where required by law, but please also check our Website on a regular basis to be informed of any changes. If you do not wish to be bound by any announced amendments to the Terms of Sale, you should contact Breitling the Concierge Service to stop your interaction with us and refrain from making any online orders through the Website or the Concierge Service after the effective date of the changes.

Orders placed before the effective date of certain changes to the Terms of Sales for Services will not be affected by these changes.

2.    ORDERING BREITLING SERVICES

2.1     ELIGIBILITY TO PURCHASE

Individuals ordering Breitling Services on the Website or through the Concierge Service must (a) have reached the age of majority (eighteen years old in most States), (b) have legal capacity to enter into contracts and (c) reside in the Territory of the USA, if not limited to certain territories and/or states for a certain service in one of the subsections of section 3 of this Terms. Legal entities are excluded. If you are under the age of majority or otherwise cannot lawfully enter into a contract, only your parent or guardian can place an order on your behalf and thus consent to these Terms of Sale. Any orders contrary to this provision will be null and void.

By placing an order on the Website or through the Concierge Service, you guarantee that you are purchasing Breitling Service in good faith and will not purchase, deliver, sell or otherwise distribute Breitling Service for commercial purposes or for any 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.

2.2    AVAILABILITY OF SERVICES

Breitling reserves the right to change the selection of Breitling Services available on the Website or through the Concierge Service at 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 that are currently available on the dedicated “#BreitlingCare” page of the Website available at https://www.breitling.com/us-zz/breitlingcare/ or through our Concierge Service.

2.3    PROCESSING YOUR ORDERS

Please carefully review your order on the ordering page of the checkout and click on the “CONFIRM MY ORDER AND PAY” or similar button.

You may be invited to provide additional personal information when placing an order on the Website or through the Concierge Service, such as shipping and/or billing address, payment details, or information to verify your identity. You confirm that all personal information given to Breitling is true and accurate. Breitling or its third-party providers may collect additional information for security and anti-fraud purposes.

Notwithstanding anything to the contrary provided for herein, and to the extent permitted by applicable law, Breitling reserves the right to refuse, cancel, and terminate orders at any moment and at its sole reasonable discretion. For instance, if there is an ongoing dispute concerning payment of a prior order or if Breitling reasonably suspects a violation of these Terms of Sale.

2.4    ORDER VERIFICATION 

You are responsible to verify and confirm all details on the payment page before placing your order 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 is 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 Terms of Sale for Services along with the order acknowledgement.

2.6    ORDER CONFIRMATION

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

2.7    COMMENCEMENT AND DURATION OF SERVICES

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

3.    Services

3.1 Warranty Extension

Breitling is offering to you the possibility to purchase an extension of Breitling International Warranty and Breitling International Manufacture Movement Warranty on http://www.breitling.com/us-zz/ (each 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/us-zz/service/international-warranty/.

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

Breitling Warranty Extension is an additional service which Breitling is offering to Customers residing in the Territory of the USA.

Breitling Warranty Extension can only be purchased for a Breitling watch and/or Chronograph which is still under valid Breitling International Warranty and/or Breitling International Manufacture Movement Warranty.
Breitling Warranty Extension is a one-time extension only and cannot be combined with a second Breitling Warranty Extension for the same Breitling watch and/or Breitling chronograph.

For Breitling Warranty Extension, same Exceptions as for Breitling International Warranty and/or Breitling International Manufacture Movement Warranty apply.

For the Warranty Extension, the price as applicable on the date of purchase, displayed to you at the check-out and confirmed by Breitling in your order confirmation e-mail, applies.

3.2 Insurance for your Breitling Product

In several countries, Breitling is pleased to offer to you the option to purchase an insurance, covering your Breitling product against different kind of risk (usually incl. damage, theft and loss, provided scope of coverage is not different for the insurance service offered in your specific country) (“Insurance Service”).

The Insurance Service, if available in your country, is offered by the third-party company available in your country of residence, which is independent of Breitling.

Breitling is working with duly selected third-party Insurance companies, that may change from one country to the other.

Hence, Breitling does not know and has no access to information that a Customer may share with the third-party company in exploring the option of purchase such Insurance Service.

Breitling is not responsible for any third-party services that a Customer may choose to employ in connection with their Breitling purchase. The Insurance Service is subject to their own terms and policies only.

Customers interested in exploring options to purchase an Insurance for their Breitling product may visit the website of the third-party insurance company available in their country, to learn about the requirements and the specific terms that may apply.

By choosing the option to purchase the Insurance Services offered to you on Breitling website, you will be redirected to the website of the insurance company available in your country of residence, if any.

If available in your country of residence, the option to purchase Insurance Service will be shown to you on the dedicated page #BreitlingCare which you can find here https://www.breitling.com/zz-zz/breitlingcare/insurance/.

4.    PAYMENT

4.1.    INFORMATION ABOUT PRICES, TAX AND DELIVERY COSTS

Breitling reserves the right to change or adapt prices for Breitling Services without specific prior notice on the Website. If the price of a Breitling Service displayed on the Website or quoted by the Concierge Service changes prior to the order confirmation (by Breitling), Breitling will inform the Customer prior to the order being concluded (to take instruction from you as to whether you still wish to proceed with the order).

Actual costs and prices including applicable taxes will be indicated on the payment page before you are invited to confirm and place your order (in the case of a Website order) or will be quoted by the Breitling Concierge (in the case of a telephone order) (“Purchase price”).

Please note that changes to tax laws may occur between the date your order is placed and the date of our order confirmation. We will contact you and ask that you reconfirm your purchase if this results in increased VAT or sales tax being charged. You are free to reject our offer to purchase under the new conditions.

Such costs and taxes will be indicated on your order confirmation email and on your invoice.

4.2.    PAYMENT METHODS

4.2.1.  BANK TRANSFER / CREDIT / DEBIT CARDS / INVOICE

Payment can be made either by bank transfer or by credit/debit card, like Visa, Mastercard, AMERICAN EXPRESS, JCB, Diner's Club, Discover. The available supported payments 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

The Customer understands and agrees that any contract to purchase the Breitling Services via our Website shall be final and no right to withdrawal contained therein.

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.

Breitling only confirms the price of a Breitling Service with the issuance of an order confirmation, indicating the existence of a binding sales contract. If a Breitling Service’s correct price is higher than the price posted on our Website, Breitling will inform you of the correct price and conditions and will request you to confirm the purchase on these terms. You are free to reject the purchase offer on the new terms.

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 Service 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.

7.    GENERAL PROVISIONS

If certain provisions of these Terms of Sale for Services 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 as provided by the Breitling Conditions of Sale.

Your order, our order confirmation and these Terms of Sale for Services are the complete agreement between you and us in relation to the order of Breitling Services and replace and override any verbal or written previous undertakings or agreements.

The waiver by us of a breach of any provision of these Terms of Sale for Services 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.

8.    APPLICABLE LAW AND JURISDICTION

These Terms of Sale for Services shall be interpreted in accordance with the laws of the state of New York without regard to its conflict of laws provisions or choice of law rules.

To the maximum extent permissible by applicable law, any claim, dispute, or controversy (whether in contract, tort or otherwise, whether pre-existing, present or future, and including, but not limited to, statutory, common law, intentional tort and equitable claims) arising from or relating to the Breitling Services, the interpretation or application of these Terms of Sale or the breach, termination or validity thereof, and/or the relationships which result from these Terms of Sale (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories hereto) (collectively, a "Claim") WILL BE RESOLVED, UPON THE ELECTION OF BREITLING, EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION. Arbitration is a process established by law that allows parties to a transaction to agree to resolve their disputes by an independent arbitrator, rather than by a judge and jury. If arbitration is chosen, it will be conducted pursuant to the Rules of the American Arbitration Association. If arbitration is not chosen, the Claim shall be submitted to the exclusive jurisdiction of the state and federal courts in the State of New York, County of New York, Borough of Manhattan. If arbitration is chosen by Breitling with respect to a Claim, neither Breitling nor Customer will have the right to litigate that Claim in court or to have a jury trial on that Claim or to engage in pre-arbitration discovery, except as provided for in the applicable arbitration rules or by agreement of the parties involved. Further, to the maximum extent permitted by applicable law, Customer will not have the right to participate as a representative or member of any class of claimants pertaining to any Claim. Notwithstanding any choice of law provision included in these Terms of Sale, this arbitration agreement is subject to the Federal Arbitration Act (9 U.S.C. §§ 1-16). The arbitration will take place exclusively in the State of New York, New York County, Borough of Manhattan. Any court having jurisdiction may enter judgment on the award rendered by the arbitrator(s). To the maximum extent permitted by applicable law, each party involved will bear its own cost of any legal representation, discovery or research required to complete arbitration. The existence or results of any arbitration will be treated as confidential.

Notwithstanding anything to the contrary contained herein, all matters pertaining to the collection of amounts due to Breitling for the sale of Breitling Services will be exclusively litigated in court rather than through arbitration.

In the event of any Claim, the prevailing party shall be entitled to additionally recover reasonable legal expenses and costs, including attorney’s fees, from the other party.

Last Revised: 9th of March Terms of Sale for Services, 2021

 

#BREITLINGSELECT - TERMS AND CONDITIONS

We, Breitling SA, through our affiliate Breitling USA Inc. (“Breitling”, “we”, “us” and “our”) operate the website located at https://www.breitling.com/us-zz/ (the “Site”), currently offering to Customers in the United States the opportunity to participate in #BreitlingSelect, an online-only offering (the “Service”) of leasing our luxury watches (the “Portfolio”) as further pursuant to the terms, conditions, policies and notices stated in the following terms and conditions (these “Terms”). We make available access to #BreitlingSelect for registered Breitling Customers via the Site, which shall consist of a selected dedicated stock of pre-owned but fully furbished watches available in connection with #BreitlingSelect Portfolio (collectively, the “Products”, and each a “Product”) to you (also referred to as the “Customer”), conditioned upon your acceptance of all of the Terms, including terms and conditions and policies referenced herein and/or available by hyperlink.

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

You can review the most current version of the Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our Site. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Products following the posting of any changes constitutes acceptance of those changes. These Terms do not apply to any other web page operated and/or owned by anyone other than Breitling and its affiliates.

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

  1. Enrolling into the Service.
    1. Customer must register for “MyAccount” on the Site.
    2. Once having created an account and logged in through MyAccount, the Customer may register for the Service as follows:
      1. Customer makes a first selection from the available Products for the Service displayed on the Site.
      2. Customer proceeds, whereon Customer enters payment information to pay the entire Flat Fee as defined in Section 4(a) hereto. Simultaneously Breitling is sharing Customer’s available information to its background check provider for confirmation of Customer's solvency, which will include credit information; Customer hereby understands and agrees to this procedure. If the background check results are not satisfactory to Breitling, the application to the Service will be cancelled by Breitling.
      3. Upon the background check being completed satisfactory to Breitling, the Initial Lease Term as further defined in Section 2(a) hereto shall commence. Payment of the Flat Fee will be processed and a confirmation email confirming enrollment in the Service, payment of the Flat Fee, and the initial choice of Product will be sent to Customer.
      4. The order containing the initial choice of Product as set forth above will then be prepared and shipped to the Customer by Breitling. Upon shipment, an “Order Shipped” email will be sent to Customer. The Customer also hereby agrees that any relevant parts of these Terms, to include payment methods, deliveries, and shipping/returns, shall additionally  incorporate and be governed by Breitling’s Conditions of Sale, available at https://www.breitling.com/us-zz/terms-and-conditions/#conditions-of-sale ; provided, that should any provisions of these Terms, or any instructions or provisions displayed to the Customer during their interactions with #BreitlingSelect including but not limited to any prompts or language  displayed during the check-out process or in any other context on our Site, directly conflict with Breitling’s Conditions of Sale, such provisions in these Terms or displayed to the Customer as stated above shall prevail.
  2. Term.
    1. Once the Customer has agreed to participate in #BreitlingSelect, the term during which the Customer may lease the Products shall commence upon the Customer’s first leasing a Product, beginning on the first business day following the date of the “Order Shipped” email, and shall end after a period of twelve (12) months thereto (the “Initial Lease Term”).
    2. The Customer shall have the option, for no additional fee other than continuing Monthly Fees as defined in Section 3(a) hereto, at the end of the Initial Lease Term to extend the Term for another twelve (12) month period (the “Extension Term” and together with the Initial Lease Term, the “Term”). Breitling shall provide the Customer a notice regarding such  renewal no later than ninety (90) days prior to the end of the Initial Lease Term, and the Customer shall exercise such option to extend by notifying Breitling via Customer’s Breitling account no later than thirty (30) days prior to the end of the Initial Term.
    3. As above-referenced, these Terms may change from time to time. When there are changes to the Terms, Breitling will provide Customer with a notice describing such changes. Customer shall have 10 days from receipt of such notice to accept or reject the changes to the Terms. If the Customer rejects the changes, the Term will terminate at the end of the  Customer’s thencurrent Rotation, during which the Customer understands that they will continue to pay the Monthly Fee; Customer also understands that they will not be refunded the Flat Fee in this instance. If Customer does not reject such changes, they shall be deemed applicable and effective beginning with the Rotation following the then-current Rotation (as such term is defined in Section 3(a) hereto).
    4. The Term may be terminated prior to its expiration as follows:
      1. if the Customer earlier purchases a Product as set forth in Section 3(f) hereto, at which point the Term shall terminate upon such purchase;
      2. Pursuant to Section 2(c) hereto;
      3. Breitling may immediately terminate the relationship with Customer under these Terms if
        1. a Product is returned damaged by fault of the Customer and the repair costs for the Product, as estimated upon Breitling’s sole discretion and invoiced to the Customer, are not paid within 30 days, or
        2. the Product is not sent back after the maximum duration allowed on one single rotation, or
        3. in case of default of or a delay with payment of more than 30 days; or
        4. the #BreitlingSelect Service is generally terminated by Breitling at its sole discretion, in which case Breitling will give Customer 30 days’ notice of such termination.
  3. Rotations, election to purchase Product.
    1. For each of the Initial Lease Term and Extension Term, if applicable, the Customer shall be entitled to lease up to three (3) different Products from the Portfolio, one Product following the return of the previous one; the time during which the Customer will lease each such Product shall be referred to as a “Rotation”. The selection of Products available in the Portfolio at any given point in time shall be at Breitling’s sole discretion. Breitling may also, at its sole discretion, suggest available Products to the Customer via email from time to time.
    2. Each Rotation shall be of a minimum duration of one (1) month and a maximum of six (6) months, with flexibility for the Customer to choose the timeframe of the Rotation within those parameters. In case the total duration of first and second Rotation remains below six (6) months, the duration for the 3rd Rotation will be automatically exceeded until end of the Term. The Customer understands and agrees that if s/he selects two 6-month rotations during the Initial Lease Term, s/he will lose the opportunity of a third Rotation during the Initial Lease Term. The same applies for the Extension Term. During any point of a given Rotation, Breitling may at its sole discretion advertise to the Customer when the Customer re-enters the Site, or send the Customer via e-mail or other means, suggestions as to Products to choose for a future Rotation.
    3. For Products not immediately available, the Customer can inform Breitling about Customer’s interest into such Products by clicking a NOTIFY ME call-to-action in MyAccount. As soon as such Product will be back in #BreitlingSelect stock, Breitling will send an email to the Customer to inform the Customer. The Customer will therefore be able to select that specific Product for a future Rotation.
    4. The Customer shall request the beginning of a new Rotation by e-notice via Customer’s Breitling account on https://www.breitling.com/us-zz/, for the avoidance of doubt no sooner than one (1) month and no later than six (6) months after its current Rotation began. At such time, the Customer will select from the available Portfolio their desired Product for the following Rotation. Breitling will confirm to Customer the availability of the desired Product for Customer’s next rotation upon Customer’s request (“Rotation Request Received”). Upon receiving the Rotation Request Received notification from Breitling, Customer must return the Product of the current Rotation (complete with all its collaterals if any were shipped with the Product) such that Breitling receives the returned Product of the current Rotation within 10 business days from the Rotation Request Received time, to be returned in accordance with an email that Breitling will issue to Customer, which will include instructions to the Customer on how to arrange pick-up by UPS courier at the Customer’s address; the UPS courier will either pick up the parcel with the Product of the current Rotation for shipping if Customer is at home, or leave a pre-paid return shipping label at the Customer’s address if the Customer is not at the residence at such time: Customer shall use the reusable packaging, which Breitling will have provided in the initial shipment of the Product of the current Rotation, to package the Product for its return. Breitling will then hold the Product for the following Rotation to send to the Customer for the 10 business days from Customer’s receipt of the Rotation Request Received notice, and will send to Customer upon its receipt of the Product for the current Rotation, provided that the Product of the current Rotation will be returned undamaged. The Customer understands that, should it take longer than the afore-referenced 10 business days for Breitling to receive the returned Product of the current Rotation, Breitling cannot guarantee that the model or Product chosen by Customer for the following Rotation will be available, and may send Customer a similar
    5. When the Product from the current Rotation is received by Breitling and its return accepted, a “Return Approved” email is sent to the Customer. Upon receiving the return from the Customer, it may take up to 5 workings days for Breitling to check if the Product has been returned in accordance with these Terms. The “Return Approved” email will confirm that the Product of the current Rotation has been received and is compliant with Breitling return rules, and that the Product chosen by the Customer for the following Rotation will be send out shortly. Once the Product chosen by the Customer for the new Rotation has been shipped, Breitling will send an “Order Shipped” email to the Customer, which shall mark the beginning of the new Rotation.
    6. The Customer may also affirmatively choose to purchase a Product by notifying Breitling via his Customer account on https://www.breitling.com/us-zz/, and shall be charged as set forth in Section 4(b) hereto. It is understood and agreed that after the first two (2) months of the Initial Lease Term have passed, the Customer may choose to purchase a Product during its current Rotation (provided, that if the Customer is still within the first two (2) months of the Initial Lease Term they are not permitted to purchase a Product until such time has passed); or, if the Customer has progressed to a second or third Rotation, a Product from one of the prior Rotations. In addition to this, from time to time upon its sole discretion Breitling will provide to Customer personalized offers to purchase additional Products. The Customer understands that if she/he chooses to purchase a Product from a prior Rotation, the exact model of such Product may no longer be available, however, Breitling shall make good faith effort to communicate to Customer and to provide the Customer with the same style as that of the Customer’s desired Product. However, the Customer has no right to claim for the purchase of specifically the same Product (identified by its serial number) which was subject to one of his/her prior rotations.
  4. Lease rate, purchase price; Squad Points.
    1. The Customer shall pay a one-time fee of USD Four Hundred Fifty ($450, the “Flat Fee”) (Excl. Sales Tax.) upon agreeing to participate in #BreitlingSelect, plus a monthly fee of USD One Hundred Twenty Nine ($129) (Excl. Sales Tax.) during the Initial Term and Extension Term if applicable (the “Monthly Fees”). The Flat Fee shall cover any costs associated with changes in Rotation, including return shipment fees for Products at the end of a Rotation.
    2. If the Customer is deemed to, or affirmatively chooses to, purchase a Product as set forth in Section 3(f) hereto, Breitling will provide the Customer with a quote for a purchase price for such Product, which shall consist of [Breitling special offer for Customers], considering the valorization of the Squad Points defined in 4(c) hereto through the date upon which the Customer either fails to timely send back a Product, or notifies Breitling of intent to purchase.
    3. Breitling will also credit Customer's MyAccount with loyalty points (hereinafter referred to as “Squad Points”) on a monthly basis, initially one thousand (1,000) points per month which will be credited once the Monthly Fee has been paid. Breitling may also, at its sole discretion, proceed to credit extra discretionary Squad Points during certain time periods (e.g., Customer's birthday month); or to offer a special valuation of the Squad Points during certain time periods (e.g., Squad Points counting for twice their normal worth during a certain week or promotional event). The Squad Points, the value of which is at Breitling's sole discretion but in a manner consistently applied in a non-discriminatory manner to all Customers, will be taken into account in being applied toward reducing the total purchase price of a Product from #BreitlingSelect Portfolio that Customer may decide to purchase as further set forth in Section 3(f) herein. The Customer understands and agrees that, in effecting such a purchase, all of the Customer's Squad Points will be used toward such single purchase, and that the Squad Points may not be used on a partial basis over several purchases.
  5. Cancellation; Returns.
    1. The Customer shall have the option to cancel its subscription to #BreitlingSelect during a period of the 10 business days after the beginning of the Initial Term, which may be accomplished by notifying Breitling via the “MyAccount” on our site (the “Cancellation”). If a Product has already been received by the Customer during such time period, the Customer must return such Product (complete with all its collaterals if any were shipped with the Product) to Breitling such that Breitling receives it within 10 business days from such time as Customer notifies Breitling of its Cancellation. The Product shall be returned in accordance with an email that Breitling will then issue to Customer upon receiving notice of the Cancellation, which will include instructions to the Customer on how to arrange pick-up by UPS courier at the Customer’s address; the UPS courier will either pick up the parcel with the Product of the current Rotation for shipping if Customer is at home, or leave a pre-paid return shipping label at the Customer’s address if the Customer is not at the residence at such time. Customer shall use the reusable packaging, which Breitling will have provided in the initial shipment of the Product, to package the Product for its return. [Upon receipt of the Product in good and undamaged condition, Breitling shall refund the Flat Fee to the Customer.]
    2. The Customer may return a Product that was purchased pursuant to Section 3(f) hereto within ten (10) days following the purchase order date subject to the further conditions set forth below. The Customer must comply with the following steps:
      1. Notify the Customer Relation Service at 1-866-657-7670 to request a return. Breitling Customer Relation Associate will then verify that the return is being made during the 10-day return period.
      2. The Customer will be given an option to choose an address and a pickup date where our logistic partner (UPS) will collect the parcel at the time and designated location and will bring along the return label.
      3. Breitling Customer Relation Associate will provide you with the UPS Tracking Number. Include with the Product, all accessories, and any documentation including but not limited to the Product Manual, the Certificate of Official Swiss Chronometer Institute, the eWarranty Card and all other documents, in their original box within the package.
      4. Seal the delivery package carefully with additional scotch if necessary.
      5. Bring the package to any official UPS location or to the designated pickup location.
      6. When Breitling receives the returned package at its Customer Service center, an email will be sent to you confirming receipt of the return.

        Important Notice: Products must be returned in their original condition with all protection, tags and stickers attached to them, with the provided Breitling box and delivery package, including all accessories and documentation. Breitling will refuse returns if the product shows signs of wear or has been used or altered from its original condition in any way. When the Customer decides to return a Product within the 10-day period, Breitling will carry a policy of insurance on the returned merchandise so long as the return is authorized through the above rules and was made using the Breitling provided UPS shipping label that may only be obtained from Breitling. Otherwise, Breitling is under no obligation to maintain insurance and the safe shipment of any Product will be at the sole cost, risk and responsibility of the Customer. The Customer must keep a proof of return shipment and Breitling accepts no liability in the event that such proof cannot be produced. Refunds are eligible only for merchandise received by the Breitling Customer Service distribution center at the address mentioned above. Within five (5) business days of receiving a return, Breitling will verify that the returned Product satisfies the return conditions hereinabove. Breitling will apply strict Quality Control (QC). If the Product does not meet QC standards, Breitling will refuse the return, and the Product will be sent back to the Customer. If the returned Product satisfies QC, in no later than 14 days after the Product satisfies QC Breitling will proceed with the applicable refund, including re-crediting a Rotation to the Customer’s account to select another Product.
  6. Ownership of Product.

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

    Breitling warrants that each Product delivered to the Customer shall conform to the standards of its International Warranty available at https://www.breitling.com/us-zz/service/international-warranty/. If a Product delivered to the Customer should have a defect covered by the International Warranty, Customer may return the Product to Breitling for servicing, or may contact the Customer Relation Service to arrange a replacement Product to be provided to Customer by Breitling, at Breitling’s sole discretion.
     
  8.  Damage, Risk of Loss.
    1. Unless the Customer notifies Breitling otherwise upon delivery of a Product, the Product is irrevocably considered to be delivered to the Customer clean, undamaged and in good and wearable condition.
    2. Products shall be returned to Breitling by the Customer in the same good state and condition in which they are received, excepting normal wear and tear. If a Product is damaged beyond normal wear and tear, the Term and any following Rotation will be postponed until a determination is made as to the liability for the damage (the “Postponement”). If the Customer is found liable, the Term and any following Rotation will not resume until the Customer has fully compensated Breitling the damages owed thereon, and Monthly Fees as defined in Section 4 hereto shall continue to be charged during the Postponement.
    3. If Breitling determines that any Product is returned damaged, or if a Product is returned late beyond the 10 day period referenced in Section 5 hereto, lost, stolen, abandoned by the Customer, returned beyond economical repair, arrested or seized by legal process of the Customer’s creditor(s) or others, or not returned to Breitling for any other reason beyond Breitling’s responsibility and control or the responsibility and control of Breitling’s agents, employees, or subcontractors, the Customer shall be responsible to pay to Breitling the replacement value, or repair value for a damaged Product, as applicable for such Product. Following Customer’s notice of any such occurrence to Breitling as set forth in Section 9 hereto, or in the case of a late return once the 10-day period referenced in Section 5 hereto has expired and the watch has still not arrived, Customer understands that Breitling immediately thereof and with notice to the Customer at such time shall be authorized to deduct the replacement value, or repair value in the case of a damaged Product, from Customer’s MyAccount, including the authorization to capture the open amount from Customer’s Credit Card; Monthly Fees shall continue to accrue against any open amount, until either the Customer has paid replacement or repair costs in full, as invoiced to the customer by Breitling or, in case of delay with the payment, the open amount has been successfully captures from the Customers Credit Card. Breitling shall give Customer notice and reminder of the foregoing within one business week’s time of Customer’s notice as above. If a Product is lost or stolen and after Breitling receives payment in full for such Product, Breitling will supply the Customer a substitute Product for the balance of any Rotation, pursuant to the same terms and conditions covering such Product.
       
  9. Notification to Breitling in case of theft, loss or damage of the Product.

    In case of damage, theft or loss of the Product which Customer has on hand for the current Rotation, Customer is obliged to notify Breitling within 24 hours of the occurrence or discovery of the loss and to provide all information with regard to the circumstances of the incident, specifying all details of the incident including but not limited to information about, time, place, evidence, name of witnesses, third parties involved etc. Furthermore, if the loss is a result of a violation of a law, you are obliged to immediately report the incident to the police and/or other competent criminal investigation authorities. Upon the request of Breitling, Customer will provide Breitling with all available information regarding any resulting investigatory proceedings, including investigation file number and the authorities in charge.
     
  10. Applicable law, waiver of jury trial.

    These Terms are governed by and construed in accordance with the laws of the State of New York. The parties hereby waive any and all rights to any trial by jury in any action or proceeding arising directly or indirectly hereunder.
     
  11. Assignment.

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

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

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