GENERAL CONDITIONS OF SALE FOR
 E-COMMERCE AND CUSTOMER RELATIONS SERVICE OF BREITLING USA

WELCOME TO OUR USA E-BOUTIQUE

1. APPLICABILITY

These general 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) (together the “Breitling Products”) that you (the “Customer”, also referred to as ‘you’ or ‘your’) order from Breitling via the Breitling Channels (each as defined below).

“Breitling” (also referred to as ‘us’, ‘our’ or ‘we’) means Breitling USA, Inc., a corporation organized under the laws of Connecticut, United States of America (USA), with offices at Hangar 7, 206 Danbury Road, Wilton, Connecticut (CT) 06897, USA.

“Breitling Channels” means Breitling's website under the URL “www.breitling.com/us-en/” (the “Website”), Breitling’s Customer Relations Service which can be contacted by phone +1-866-657-7670) and email info.us@breitling.com (the “Customer Relations Service”), and any Breitling associated digital or mobile platforms. 

These Conditions of Sale apply solely to sales made online through Breitling Channels by individuals who have a shipping address in the continental USA, Alaska and Hawaii. 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. Furthermore by taking such actions you also agree to our (“Website Terms of Use”) i.e. https://www.breitling.com/zz-zz/terms-of-use/ and confirm that you have read and accept our (“Privacy Policy”) i.e. https://www.breitling.com/zz-zz/privacy-policy/. 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, by our Website Terms of Use and accept that our use of your personal information will be governed by our Privacy Policy. 

If you refuse to accept these Conditions of Sale, you will not be able to order any Breitling Products from the Breitling Channels.

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 contact the Customer Relations Service to stop your interaction with us and refrain from making any orders of Breitling Products through 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 or present specific risks, namely; Breitling reserves the right to modify these Conditions of Sale as described above in this clause 1; Breitling reserves the right to modify the Breitling Products available for sale under clause 2.2;  in the event that a Breitling Product is not available for any reason you have the choice to wait until the Breitling Product is available or to cancel your order and receive a full refund as described in clause 2.8; if you choose to use BITPAY to pay for Breitling Products by exchanging cryptocurrency for US dollars there are specific conversion risks that are described in clause 3.2.2; if your Breitling Product is delivered to you with a defect you will be entitled to certain remedies as described in clause 8; 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 clauses 11 and 12; other similarly important terms are highlighted in bold in these Conditions of Sale.

2. ORDERING BREITLING PRODUCTS

1. ELIGIBILITY TO PURCHASE BREITLING PRODUCTS

To be eligible to purchase Breitling Products through the Breitling Channels you must be (a) a natural person, (b) have reached the legal age of adulthood of eighteen (18) years old, (c) have legal capacity to enter into contracts, and (d) have a shipping address in the continental USA, Alaska or Hawaii. Legal entities including companies and corporations are not permitted to purchase Breitling Productions under these Conditions of Sale. If you are under the legal age of adulthood or otherwise cannot lawfully enter into a contract, only your parent or guardian can place an order on your behalf and thus agree to these Conditions of Sale. Any orders made contrary to this provision will be null and void.

By placing an order through the Breitling Channels, you confirm that you are purchasing the Breitling Products in good faith and will not purchase, deliver, sell or otherwise distribute Breitling Products for any commercial purpose or commercial benefit. Breitling may refuse the order if it believes, in its sole discretion, that an order would contravene this statement or that you are 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. 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 Customer Relations Service.

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 full legal name, 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 guest 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 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 https://www.breitling.com/zz-zz/privacy-policy/ describes how we use your personal information. If you select the ‘Guest Checkout’ option on the Breitling Channels, no online account will be created, and we will only use your personal information for the purpose of processing your order.

Any change to the conditions or information required to place an order or to open an account will be posted through the Breitling Channels.

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 Relations Service. Should Breitling reasonably suspect that a third party has breached a Customer's account or has misused a Customer account credentials, Breitling will immediately cancel and terminate such account and contact you by other means, for example via email or telephone.

4. PROCESSING YOUR ORDERS

When selecting a Breitling Product through the Breitling Channels, click on the “add to bag” button to place this 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 “X” next to the chosen product in the shopping bag.

Please carefully review your order on the “Review Order” section of the checkout and click on “CONTINUE TO PAYMENT” (or equivalent). Once your payment details are entered, you can finalize the order by checking the “I have read and I accept the Conditions of Sale” box and clicking “CONFIRM MY ORDER AND PAY” (or equivalent), thus acknowledging that you have read and accepted the Conditions of Sale and also by taking such actions you agree to our Website Terms of Use https://www.breitling.com/zz-zz/terms-of-use/ and confirm that you have read and accept our Privacy Policy https://www.breitling.com/zz-zz/privacy-policy/.

If you prefer to place an order by telephone through the Customer Relations Service, the Customer Relations Service will assist you to complete the order process on your behalf. Any inquiries and questions may also be directed via email or telephone to the Customer Relations Service. Written questions and queries may be directed to the Customer Relations Service at the address for Breitling at clause 1.

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 herein, 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. In the event that Breitling exercises its rights to cancel or terminate an order 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 or terminated order. You will not be entitled to any other compensation or remedy in respect of such cancellation or termination by Breitling.

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 Customer Relations Service, we will ask you to confirm the details orally and then we will provide you with a secure payment link for you to authorize payment. 

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.

7. AVAILABILITY/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 send you by email an order approval notifying you that your order is approved and that your selected Breitling Product is being prepared for shipment.

8. ORDER CONFIRMATION

Upon shipment of your order, Breitling will send you by email a written order confirmation (“order confirmation”) to confirm that your order has been accepted and take payment from your payment method. The order confirmation constitutes the acceptance of your order by Breitling and indicates the existence of a binding sales contract. The invoice of your purchase will be attached to this notice in a pdf format.

In the event your ordered Breitling Product is not available you may choose to wait until it is available or to cancel your order. If you choose to wait, we will continue to hold the payment authorization and inform you when the Breitling Product is available. Alternatively, if you 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.

9. PRE-ORDER

For specific Breitling Products where stipulated on our Website’s product pages, Breitling offers the possibility of pre-ordering a specific Breitling Product that is not currently available (“Pre-Order” or “Pre-Ordering”). 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. By Pre-Ordering you will receive priority access to the Breitling Product model when and if it becomes available.

Pre-Orders are subject to the following:

1. Limited editions of models 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.
2. At the time of the Pre-Order, you must make a deposit payment of a proportion of the retail sales price when placing the Pre-Order. The exact amount of the Pre-Order deposit payment will be confirmed at the time of the Pre-Order.
3. When and if the Breitling Product becomes available for shipping, we will inform you by email. The email will include a secure payment link.
4. You will have seven (7) days from receiving our email to confirm your order, by paying the balance of the purchase price, taxes and shipping costs, as the case may be, through your selected payment method.
5. If you do not pay the balance of the purchase price, taxes and shipping costs within the seven (7) days period specified above, Breitling reserves the right to cancel your Pre-Order without further notice. In such case, Breitling will credit back on your payment method the deposit payment made at the time of the pre-order.
6. The Breitling Product will only be shipped after the full payment for itis received.
7. If the Breitling Product you have pre-ordered is not available, Breitling will inform you by email, and will promptly credit back the deposit 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.
8. Please do not hesitate to contact Customer Relations Service for an update as to the status of your Pre-Order and be sure to check your email inbox and junk mail as we send out update notices.
9. You will have the possibility to cancel your Pre-Order at any time prior to Breitling sending you a notice that your Pre-Order is ready to ship via the cancellation link provided through the Breitling Channels including through an email to the Customer Relations Service. Breitling will in such case promptly credit back to your payment method the deposit 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 7.

3.PAYMENT

3.1 INFORMATION ABOUT PRICES, TAX AND DELIVERY COSTS

All prices displayed on the product pages of the Breitling Channels are in US dollars and exclude sales taxes, 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 Customer Relations Service in the case of a telephone order.

Breitling reserves the right to change or adapt prices and shipping costs at any time without notice prior to order confirmation. If the price of a Breitling Product and shipping costs displayed or quoted through the Breitling Channels changes prior to the order confirmation Breitling will inform you prior to the order being concluded (to take instruction from you as to whether you still wish to proceed with the order). Please note that any price adjustment or change in shipping costs do not affect those orders which 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 Customer Relations 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 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 payments 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 WITH CRYPTOCURRENCY

Independent third-party payment service providers may enable payment with cryptocurrency on Breitling Channels. The currently supported payment method using cryptocurrency is provided by BITPAY. Other payment providers may be shown at the check-out and in such case these terms apply on an equivalent basis. If you decide to pay with cryptocurrency for your purchase of Breitling Products, you will be redirected to a third-party platform, BITPAY, to process your payment. Your selected cryptocurrency will be converted to US dollars to effect payment to Breitling. The conversion will be facilitated and completed by BITPAY. Use of your cryptocurrency for payment and the services of BITPAY is solely at your election and is done at your risk.

Please note that Breitling is not a party to your contract with BITPAY and that your rights and obligations are regulated solely by the terms of use of BITPAY.

In the event of a return of a Breitling Product which results in a refund to you, we will tender to BITPAY the amount we received in US dollars (net of all applicable charges, costs and other non-refundable charges) and BITPAY will convert this amount to the cryptocurrency you used to pay for your purchase and process your refund.  

The amount of cryptocurrency refunded to you by BITPAY will be determined by the exchange rate between US dollars and the relevant cryptocurrency applied by BITPAY at the time the refund is paid, and not the exchange rate on your invoice. Please note that this may result in a refund amount that is less than the original amount of the cryptocurrency converted for payment; in some cases, this amount may be significantly less due to price fluctuations caused by the volatile nature of cryptocurrency. You may also suffer a complete loss should BITPAY as a platform cease to function or it experiences a liquidity freeze for an extended period of time. Any risks associated with your use of the cryptocurrency payment option, refunds of cryptocurrency and the use of the services of BITPAY is solely upon you and is between you and BITPAY.

Breitling is not responsible for, and does not control, the transactions processed through BITPAY and the exchange rate between US dollars and the relevant cryptocurrency applied by BITPAY (up and down) at the time of the refund that you may experience. In the event of any dispute regarding the exchange rate of your cryptocurrency for US dollars or any other related matter you must contact BITPAY.

3.2.3 PAYMENT METHODS GENERAL

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.

In the event that your ordered Breitling Product is not available, or your order is not confirmed, then the provisions of clause 2.8 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 independent 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 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 finance service is subject to the third-party finance company’s terms and conditions.

3.3.1. AFFIRM – THIRD-PARTY FINANCING COMPANY 

Affirm is a third-party financing company independent of Breitling that allows its customers to pay for products through financing over a period of time. Affirm loans are made by Cross River Bank, a New Jersey State Chartered Commercial Bank, which is a member of the Federal Deposit Insurance Corporation (FDIC). 

The financing options are offered through Affirm and Breitling is not privy to information shared by you with Affirm when exploring your financing alternatives. Affirm determines whether you qualify for its services. If you decide to pay using Affirm’s services, you will be subject to Affirm’s Terms of Service, which you are encouraged to review. 

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 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 absolute security of the data you transmit via the Breitling Channels. Read our Privacy Policy https://www.breitling.com/zz-zz/privacy-policy/ to learn more about how we use and protect your personal information.

4. OPTIONAL SERVICES

Breitling may offer Customers certain optional services for enhancing their Breitling Product such as: 

1. Delivery of a Breitling box with gift wrap: your Breitling Product will be delivered to you in an attractive wrapped Breitling box. 
2. Adjustment of the bracelet is available on certain watch models. When this option is available, indicate the size of your wrist in millimeters through the Breitling Channels. 
3. 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.
4. 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.

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). You are invited to contact the Customer Relations Service for any inquiries. 

5. PROMOTIONS AND PROGRAMS

5.1 GIFT WITH PURCHASE 

At Breitling’s sole discretion, we may run promotions and offer eligible Customers a free gift (“Gift”) with the purchase of a Breitling watch or another qualifying Breitling Product (each a “Qualifying Product”).

To be eligible for a Gift, a Customer must: 

(a) If the promotion details specify, create a personal Breitling account or log into your existing Breitling account; 

(b) Order a Qualifying Product through the Breitling Channels; and 

(c) Ensure that your Breitling order complies with the specified promotion requirements, which may include ordering within a specific time frame and from a particular location, as and if stated in the promotion details. 

Any additional relevant information, including specific limitations and restrictions, will be displayed in the promotion details, if applicable. 

In certain promotions, Customers may have the chance to choose their preferred Gift. When this option is available, Customers will be prompted to select their Gift and confirm their choice. If this option is not available, Breitling will automatically include the available Gift in the Customer’s shopping bag.

Items in the same order, including the Qualifying Product and the Gift, might be shipped separately and have different delivery dates. If the Customer returns the Qualifying Product, the Customer must also return the Gift received in accordance with the return rules set forth under these Conditions of Sale. If the Customer does not return the Gift in compliance with the rules, Breitling can charge the full retail price for the Gift and deduct this amount from any refund owed to the Customer. 

Only authorized purchases will be processed and shipped. We reserve the right to cancel any order and shipment due to unauthorized, altered, or ineligible use of the promotion.

5.2    LIMITATIONS AND RESTRICTIONS

Gifts shall not apply to:     

(a) Purchases made on third-party websites or channels, any Breitling website or channel in a country not included in the promotion, or at physical Breitling retail stores, including through authorized retailers; and 

(b) Pre-orders or subscription buyouts placed or shipped during the promotion period. 

Gifts are non-exchangeable and cannot be redeemed for cash, credit, or cash equivalent, nor can they be combined with other promotions. Please be aware that only one Gift will be applied per order.

Each Gift is provided at the discretion of Breitling and may be revoked or changed by us at any time. Gifts are also subject to specific restrictions, including their validity period, eligible locations, and availability.

6. SHIPPING AND DELIVERY

6.1 DELIVERY TIMES 

Breitling shall arrange delivery of your Breitling Product through its selected logistics provider (the "Logistics Provider"). Breitling will use its best efforts to process your order as soon as possible. The delivery time for express delivery is usually one (1) to three (3) business days from transmission by Breitling of the order confirmation. Standard delivery can take up to eight (8) days. However, these times are purely indicative as they can vary depending on the ordered Breitling Product, and are not binding on Breitling. The delivery schedule will be shown to you at the checkout. These indicative delivery times do not apply to optional services or promotions and programs described in clauses 4 and 5 above. In such cases, the Customer Relations Service may contact you to agree on other arrangements.

Breitling will only accept to deliver orders to addresses in the continental United States, Alaska or Hawaii. You are invited to indicate your preferred time slot of delivery (considering the above indicative delivery times) during the checkout process. No orders will be shipped to hotels and hostels, post office boxes addresses, Army Post Office (APO) and Fleet Post Office (FPO) addresses, or to other 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 the Website. 

Orders may be subject to delivery charges which if applicable we will notify you of the charges at checkout. Special deliveries may be subject to additional delivery charges.

6.2 COLLECT OPTION

Depending on availability (if any), you may also choose a Breitling Boutique, or another store as indicated by Breitling within the continental USA, Alaska and Hawaii as delivery address (the “Collection Point”) where you can collect the purchased Breitling Product (the “Collect Option”).

If you choose the Collect Option, the responsibility for the Breitling Products passes to the Customer when the Customer collects the Breitling Products ordered at the Collection Point. The Customer will be notified via email once the Breitling Products ordered have arrived and are ready for collection at the Collection Point.

When collecting the 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 our Privacy Policy.

Please note that you can collect the Breitling Products at the Collection Point within a period of fourteen (14) days from email 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. As a consequence, 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 via their chosen payment method. Please note that this cancellation option is in addition and not a substitute to the right to return Breitling Products mentioned in clause 7 below.

6.3 RECEPTION AND VERIFICATION OF THE BREITLING PRODUCTS

Breitling insures your purchased Breitling Product during transit and delivery to you. The responsibility for the Breitling Product passes from Breitling to you when the Logistics Provider delivers the Breitling Product to you or your 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 sale contract by Breitling and transfer of responsibility to the recipient in the same way as if the Breitling Product had been delivered to you directly.

Your delivery package will contain your purchased Breitling Product with all related accessories (if any); the Breitling Product manual, if applicable; the Certificate of Official Swiss Chronometer Testing Institute and/or an e-Warranty Card; a Breitling Bag; the return instructions and the packing slip. 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 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 Customer Relations Service without delay in case of any such defect or damage you or the gift recipient notice on delivery or within thirty (30) days of delivery.

For any damage or defect in your Breitling Product that you or the gift recipient notice 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 service center. 

Failure to inform Breitling in accordance with these timelines may void your right to make a claim under Breitling’s international warranty https://www.breitling.com/zz-zz/service/international-warranty/ as described in clause 9. Any return of your Breitling Product must be in accordance with our Return Rules contained in clause 7.

7. RETURNS 

7.1 RIGHT TO RETURN BREITLING PRODUCTS FOR CHANGE OF MIND

You have the right for any reason to cancel the contract created by our order confirmation without giving any reason within thirty (30) days following the purchase order date. In order to cancel the contract and return your Breitling Product you must follow the return rules and requirements described in clause 7 (“Return Rules”). 

7.2 RETURN PROCESS

Only Breitling Products that have been purchased through the Breitling Channels including through the Customer Relations Service and that comply with the following Return Rules may be returned to Breitling and are eligible for a refund:

1. Notify the Customer Relations Service that you wish to return your Breitling Product and receive a refund. You will be asked to provide a picture of the returned Breitling Product and provide proof of purchase. 
2. The Customer Relations Service will verify your purchase and whether the notification of the return is being made during the thirty (30) days return period. The Customer Relations Service will also verify the condition of the Breitling Product.
3. Only Breitling Products that are unused, undamaged, unaltered, in untarnished condition and that have not been worn may be returned. You must return the Breitling Product (including any accessories included in the price of the Breitling Product such as metal bracelets, gifts, tags, warranty cards, the Breitling Product manual, the certificate of the official Swiss Chronometer Institute (not required for the e-Warranty card), and any document provided with purchase) in its original box and packaging. 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. 
4. We reserve the right to refuse your return if any of these conditions are not met or the accessories included with your Breitling Product are not returned in full.
5. You should not remove the original protective film and yellow log tag before trying on the Breitling Product, as this may affect the return. If you buy a leather/rubber strap, please do not wear it or insert the watch pin into the hole of the strap until you are sure that you like it, because you cannot return it after wearing the leather/rubber strap.
6. You will be given an option to choose an address and a pickup date where our Logistics Service Provider will collect the Breitling Products at the time and designated location and will bring along the return label. Customer Relations Service will provide you with the tracking number.
7. You must follow Breitling’s return instructions. You must seal the delivery package carefully with additional adhesive tape if necessary and label the package with the return label generated and sent via email by the Customer Relations Service.
8. The Customer Relations 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 pay the cost of the return of the Breitling Product to Breitling and shall insure it during transit. Otherwise, Breitling is under no obligation to maintain insurance and the shipment of any Breitling Product will be at the sole risk and responsibility of the Customer.
9. When Breitling receives the returned Breitling Product at its return center it will confirm receipt via email to you. Breitling will perform a quality control to verify that the returned Breitling Product satisfies the conditions of the Return Rules. If the returned Breitling Products does not meet Breitling’s quality control standards or the Return Rules, Breitling may refuse the return, and in such a case the Breitling Product will be sent back to you at your original shipment address.
10. Alternatively, Breitling reserves the right to deduct from any refund an amount to reflect the reduction in value of the Breitling Product resulting from damage caused by you or excessive handling by you beyond what is necessary to establish that you were provided with the correct Breitling Product and that it functions correctly. Breitling will pay the cost of shipping the Breitling Product back to you and will insure it during transit. If the returned Breitling Product satisfies the quality control and Return Rules, Breitling will proceed with the applicable refund to your original payment method. Breitling shall keep you informed or progress by email.
11. You must keep a proof of return shipment to Breitling and Breitling accepts no liability in the event that such proof cannot be produced. Refunds are eligible only for Breitling Products returned to Breitling’s returns center. received by Breitling Customer Service at the address specified.
12. Only the original purchasing Customer is entitled to receive a refund. In no event will a gift recipient be eligible to receive a refund. Breitling will use reasonable efforts to credit the refund to the Customer's payment method, no later than fourteen (14) days after receipt of the returned item by Breitling’s returns center.
13. Breitling Products that are customized or engraved or watch straps that have been cut or adjusted to fit your wrist, are not eligible for our thirty (30) days return for any reason.

7.3 RETURN PROCESS – ORDERS PURCHASED USING CRYPTOCURRENCY

In order to be able to return a Breitling Product that has been purchased using cryptocurrency, and be eligible for a refund, your Breitling Product must comply with the same Return Rules described in clause 7 above. In addition, you must follow the same process to obtain return confirmation from Breitling described in the clause 7. 

If you successfully return your Breitling Product to Breitling and you receive confirmation from Breitling that you are eligible for a refund, the refund collection must be performed by you on BITPAY’s dedicated webpage, a link to which you will receive in an email from BITPAY. BITPAY refunds are subject to BITPAY’s terms of use and are processed in accordance with the steps and processes indicated by BITPAY. Please note that there are specific conversion risks involved in the refund collection, which are described in clause 3.2.2.

8. BREITLING PRODUCT WITH A DEFECT

Breitling exercises great care to ensure that each Breitling Product complies with our strict quality criteria and that it has passed all technical and aesthetic controls. Should you receive a Breitling Product which seems to be damaged, please return it to Breitling in accordance with our Return Rules stated in clause 7. Items that are damaged as a result of wear are not considered to be defective. 

Subject to the warranty period specified under our international warranty in clause 9, if your Breitling Product is determined to be defective by Breitling, Breitling will propose to you the following options: (a) we repair the Breitling Product at no additional cost to you (including labor costs and spare parts), (b) subject to availability, we send you as replacement the same Breitling Product in the exact same size, or (c) we replace the Breitling Product with another Breitling Product of equivalent or higher value, in which case the initial price will be deducted and you will be required to pay only the difference for a higher value item that you agree to purchase. If the repair of the Breitling Product would result in a manifestly disproportionate cost to Breitling or a replacement Breitling Product is unavailable, Breitling may also offer you a partial or full refund depending on the circumstances. 

Breitling Products that are damaged as a result of mistreatment (having been dropped or subject to other physical mistreatment) or that have incurred unusual wear or tear are not considered to be defective and in such event, Breitling shall not be obliged to repair such Breitling Products or provide you with any other remedy.

9. INTERNATIONAL WARRANTY

Breitling Products are covered by the warranty provided under our international warranty. This is in addition to any statutory warranty provided to consumers under applicable local, state and federal law in the USA. The conditions of our international warranty are specified on our Website https://www.Breitling.com/zz-zz/service/international-warranty/ and as well on the documents accompanying the Breitling Product. Our international warranty guarantees the Breitling Product against any manufacturing defect for a period between two (2) and five (5) years, depending on the  relevant warranty conditions, and takes effect from the date of purchase of the Breitling Product. 

The electronic international warranty card is activated at the time of the sale via the Breitling Channels. Any person who has purchased a Breitling Product on the Breitling Channels or via Customer Relations Service can claim under the international warranty by showing the electronic Breitling international warranty card to any authorized Breitling retailer or distributor, as well as to any authorized Breitling service center.

10. REPAIRS BY BREITLING

Subject to the warranty period and conditions specified in clause 9, any manufacturing defect is covered by our international warranty https://www.Breitling.com/zz-zz/service/international-warranty/. You are invited to contact the Customer Relations Service for any inquiries concerning repairs or refer to the section “My watch needs a service” of our Website.

11. ACCURACY OF PRICING AND PRODUCT DESCRIPTIONS

While Breitling endeavors to verify the correctness of any information it provides via the Breitling Channels, in advertisement or catalogue or by the Customer Relations Service, Breitling makes no warranties, whether express or implied, in relation to the accuracy, reliability and completeness of such information.

Information provided on the Breitling Channels, in our advertisements or catalogues, or obtained from the Customer Relations 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 Breitling Channels including the customer relations 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 a court of law.

Breitling only confirms the price of a Breitling Product with the issuance of an order confirmation. If a Breitling Product's correct price is higher than the price shown on the Breitling Channels, Breitling will either contact you for instructions before shipping the order or cancel the order and notify you of such cancellation.

Breitling makes efforts to ensure that the Breitling Product descriptions, photographs or graphical representations displayed on the Breitling Channels 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, discontinuance from use or exercise 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 stated in clause 7.

12. LIMITATION OF LIABILITY

Subject to the provisions of consumer protection law and other applicable law that cannot be excluded, limited or modified: (a) we are only liable to you for damages you incur as a direct result of a failure on our behalf. This means that 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, (ii) losses not foreseeable by both parties when a contract was formed between us, (iii) inaccurate or incomplete information provided by Breitling about a third-party service provider, and (iv) services provided by third-parties including the facilitation of payment methods by third-party service providers; (b) 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.

Notwithstanding anything else in these Conditions of Sales, certain laws and regulations, including consumer protection law, may impose consumer guarantees, imply warranties or conditions, or impose obligations upon us, which cannot be excluded, limited or modified except to a limited extent. To the extent that such laws and regulations apply, these Conditions of Sales must be read subject to these provisions and nothing in these terms is intended to alter or restrict the operation of such provisions.

13. GENERAL PROVISIONS

In the event that certain provisions of these Conditions of Sale are declared void or partially invalid, the other clauses shall remain unaltered in their full force and effect. The invalid provisions shall be replaced by the applicable legal provisions of US local, state or federal law including that which is 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.

No oral representation or agreement given by any party shall alter the interpretation of the Conditions of Sale. You confirm that, in agreeing to accept these Conditions of Sale, you have not relied on any representation save insofar as the same has expressly been made a representation in the 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 Conditions of Sale save that your agreement contained in this clause 13 shall not apply in respect of any fraudulent misrepresentation whether or not such has become a term of the Conditions of Sale.

This contract is between us and you. No other person shall have any rights to enforce any of its terms. However, if you purchase a Breitling Product as a gift, the recipient of your gift will have the benefit of our international warranty https://www.breitling.com/zz-zz/service/international-warranty/.

14. GOVERNING LAW AND ARBITRATION OF CLAIMS

These Conditions of Sale and, therefore, the agreements entered into with the Customer, are governed by and shall be interpreted in accordance with the laws of the state of New York without regard to its conflict of law provisions or choice of law rules. The 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 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 Products, the interpretation or application of these Conditions of Sale, the Privacy Policy or the breach, termination or validity thereof, and/or the relationships which result from these Conditions 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 pursuant to the Rules of the American Arbitration Association. 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 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 Breitling 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.

Breitling USA, Inc. - June 29, 2023