条款和条件
Print the documentGENERAL 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:
- 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.
- 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.
- When and if the Breitling Product becomes available for shipping, we will inform you by email. The email will include a secure payment link.
- 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.
- 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.
- The Breitling Product will only be shipped after the full payment for itis received.
- 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.
- 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.
- 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:
- Delivery of a Breitling box with gift wrap: your Breitling Product will be delivered to you in an attractive wrapped Breitling box.
- 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.
- 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.
- 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:
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- When Breitling receives the returned Breitling Product at its return center it will confirm receipt via email to you. Breitling will perform a quality control to verify that the returned Breitling Product satisfies the conditions of the Return Rules. If the returned Breitling Products does not meet Breitling’s quality control standards or the Return Rules, Breitling may refuse the return, and in such a case the Breitling Product will be sent back to you at your original shipment address.
- Alternatively, Breitling reserves the right to deduct from any refund an amount to reflect the reduction in value of the Breitling Product resulting from damage caused by you or excessive handling by you beyond what is necessary to establish that you were provided with the correct Breitling Product and that it functions correctly. Breitling will pay the cost of shipping the Breitling Product back to you and will insure it during transit. If the returned Breitling Product satisfies the quality control and Return Rules, Breitling will proceed with the applicable refund to your original payment method. Breitling shall keep you informed or progress by email.
- 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.
- 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.
- 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
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 its 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 re-sale, other 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 discretion.
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 and product availability, Breitling will send the Customer by email a written order confirmation within two weeks of receiving the order. The order confirmation constitutes the acceptance of your order by Breitling and forms a binding contract between Breitling and yourself. If you have not received an order confirmation within two weeks, your order will be deemed to be rejected.
2.7 COMMENCEMENT AND DURATION OF SERVICES
Each Breitling Service 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 https://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/.
3.3 “ESTIMATE MY WATCH”- SERVICE FOR YOUR BREITLING PRODUCT
In several countries, including the United States, Breitling is pleased to offer to you the option to have Breitling estimate the value of your Breitling watch and/or chronograph free of charge.
To get the “Estimate My Watch” Service, you need to sign up for an account through “My Account” on http://www.breitling.com/*/ (“Breitling Account). If you do not have a Breitling Account, you can sign up here.
Please note that to access the “Estimate My Watch” Service, you must own the Digital Passport (NFT) of your Breitling watch and/or chronograph and must register your Digital Passport (NFT) in your Breitling Account. If you do not own the Digital Passport (NFT) of your Breitling watch and/or chronograph yet or do not know how to proceed to register your Digital Passport (NFT) in your Breitling Account, you can find more information here or contact us.
You must register your Breitling watch and/or chronograph and correctly describe the condition of your Breitling watch and/or chronograph by filling out the questionnaire that we provide. This information is essential for us to provide the “Estimate My Watch” service, as the information reflects the characteristics of the Breitling watch and/or chronograph, which determines the market value of your Breitling watch and/or chronograph. You hereby give us your consent to share the information that you provide to us with specialised third party companies that we involve in the estimation process. Our use of any personal data that you provide to us is subject to our privacy policy. To learn more about our data privacy policy please click here. The estimated value of your Breitling watch and/or chronograph will be displayed to you directly in your account, following the process of the “Estimate My Watch” Service. [You must log into your account in order to see the estimated value.]
The “Estimate My Watch”-Service is a free of charge service, which you can only use for original Breitling watches and/or chronographs. Watches and chronographs that have a missing, incomplete or illegible serial number or a missing or incomplete CE-mark are excluded from and are ineligible for the “Estimate My Watch” Service. Similarly, counterfeit products or watches/chronographs (or parts thereof) that have been altered are excluded from and are ineligible for the “Estimate My Watch” Service.
The “Estimate My Watch”-Service is only available for such quantities of Breitling watches and/or chronographs that are customary in the trade for private customers. We reserve the right to refuse the “Estimate My Watch” Service in individual cases without giving any reasons, including, without limitation, if the “Estimate My Watch” Service is used more than once for the same Breitling watch and/or chronograph, and we reserve the right to request suitable proof of origin of the watch or chronograph (e.g. original invoice(s), self-disclosure of origin) before we provide an estimate.
Please note that Breitling’s estimation of the value of your Breitling watch and/or chronograph is as of the date of the estimation and is solely based on the information you provide. Breitling does not warrant that the estimation is accurate and you rely on the estimation at your own risk. The estimation may be higher or lower than the actual value of your Breitling watch and/or chronograph on the open market and Breitling makes no warranties of any kind with respect to the estimation.
Breitling is only liable for damages you incur as a direct result of our failure to provide the “Estimate My Watch” service for eligible and qualified watches and/or chronographs, and such failure is not within the scope of Breitling’s right to refuse to provide the service.
This means, we will not be liable for any:
- indirect loss or indirect damage
- damage caused by a third party
- damage resulting from an external event with no operational connection with Breitling or damage that Breitling cannot prevent by the utmost care that can be reasonably expected
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BREITLING BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, (LOSS IN EARNINGS, PROFITS, USE, BUSINESS LOSS OR OTHER ECONOMIC ADVANTAGE HOWEVER ARISING, INCLUDING LOSSES AND CLAIMS FOR DAMAGES, EVEN IF ADVISED ABOUT SUCH LOSSES. THE LIMITATIONS ON LIABILITY SET FORTH IN THIS SECTION SHALL APPLY WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY IN THESE TERMS OF SALE FOR SERVICES. NOTHING IN THIS CLAUSE 3.3 EXCLUDES OR LIMITS EITHER PARTY'S (i) LIABILITY FOR DEATH OR PERSONAL INJURY, (ii) FOR FRAUD, OR (iii) FOR DAMAGES CAUSED (a) DELIBERATELY, (b) BY GROSS NEGLIGENCE, OR (c) IN RELATION TO THE BREACH OF A MATERIAL CONTRACTUAL OBLIGATION BY SLIGHT NEGLIGENCE, WHEREBY THE LIABILITY IN SUCH CASES IS LIMITED TO THE EXTENT THAT THE DAMAGE IS TYPICAL TO THE CONTRACT AND WAS FORESEEABLE.
3.4. “TRADE MY WATCH”-SERVICE FOR YOUR BREITLING PRODUCT
3.4.1. Service description and registration
In several countries, Breitling is pleased to offer to you the option to publish, free of charge, your Breitling watch and/or chronograph with text/photos for private sale to other users on http://www.breitling.com/* through the “Trade My Watch” – Service, as well as view and purchase offers from other users. “Trade My Watch” also enables the exchange of electronic messages between sellers and buyers, providing a means for them to negotiate the price and agree on the terms and the mode of payment.
Please note that Breitling itself does not sell through the “Trade My Watch” - Service and is not involved in the negotiation and the actual sale between two users. Breitling is not a party to contracts for sale, which are directly between sellers and buyers, and any issues you (as a buyer or seller) may have with another user (a seller or buyer) must be resolved directly with the other user, not Breitling. Breitling does not provide any payment services or verify the identity of users. Breitling has no control over and does not guarantee: the truth or accuracy of users’ (including sellers’) content or listings; the ability of sellers to sell watches and/or chronographs or other items; the ability of buyers to pay for watches and/or chronographs or other items; or that a seller or buyer will actually complete a transaction. Further, Breitling is not responsible for providing any refunds.
To the extent you are a seller, Breitling may publish your offer on http://www.breitling.com/*/ and e.g. by including your offer or excerpts thereof on other websites, within mobile applications, in emails, in print, radio and television marketing campaigns or in other media. As far as this is necessary for the conversion into file formats suitable for the “Trade My Watch” - Service, Breitling will convert your offer into formats for use in mobile applications and websites. Breitling may also provide third parties with access to the data, information and content published through the “Trade My Watch” - Service to support these activities. You hereby give your consent for the aforementioned use of the data provided by you for the purpose of advertising and increasing the reach of the “Trade My Watch” - Service. This also applies to translations for integrating the offers into foreign language listings. To learn more about our data privacy policy please click here.
Once your offer is published on http://www.breitling.com/*/ it will be up to the users to get in contact. Any contract of sale of your Breitling watch and/or chronograph and its terms and conditions (e.g. the final sales price, payment method, shipment) are subject to your negotiation with the buyer alone and for which Breitling assumes no responsibility.
The selling price of the watch is freely defined by you, in compliance with the laws and regulations in force. This price must be mentioned by you with all taxes and costs included (notably VAT, import VAT, packaging costs, and delivery costs). You are solely responsible for the estimation of the price, the transaction, and for the delivery of the watch.
In addition, our general terms of use for your Breitling Account apply which you can find here www.breitling.com/zz-zz/terms-of-use/.
3.4.2. Requirements for sellers on the “Trade My Watch” - Service
To get the “Trade My Watch” - Service, you need to sign up for “My Account” on http://www.breitling.com/*/ (“Breitling Account”). If you do not have a Breitling Account, you can sign up here https://www.breitling.com/zz-zz/my-account/sign-in/, provide the necessary information and complete the account registration process.
Please note that to access this service, you must own the Digital Passport (NFT) of your Breitling watch and/or chronograph and must register your Digital Passport (NFT) in your Breitling Account. If you do not own your Digital Passport (NFT) yet or do not know how to proceed to register your Digital Passport (NFT) in your Breitling Account, you can find more information here or contact us.
Please note that the “Trade My Watch” - Service is solely available to natural persons of legal age and for quantities of Breitling watches and/or chronographs customary in the trade for private customers. The “Trade My Watch” - Service is not available for commercial users or professional sellers.
As a seller, to create an offer you have to register and correctly describe the condition of your Breitling watch and/or chronograph which you want to offer for sale. We provide a corresponding form. Please note that your offer will be published together with your username of your Breitling Account. However, you can also choose in the form for the creation of the offer another name.
You can cancel the process at any time before submitting the form by closing the browser window or application. You have the possibility to check the content of your drafted offer for sale with a preview function before submitting the form and to amend it if necessary. Breitling can accept your offer by separate communication or by publishing your offer for sale on http://www.breitling.com/*/. However, Breitling reserves the right to refuse or remove the offer in individual cases, in particular if there is a suspicion of commercial or fraudulent activity, or any other actions that violate these Service Terms. The data of your offer for sale will be stored electronically. You can manage your offer for sale through your Breitling Account, e.g., to delete the offer for sale at any time. You may retrieve the terms and conditions of use on which the “Trade My Watch” - Service is based on at any time via our website http://www.breitling.com/*/ and subsequently save them in a reproducible form.
Offers for sale are only allowed for original Breitling watches and/or chronographs sold by non-professional sellers. Watches and chronographs are not eligible for the “Trade My Watch” - Service if they have a missing, incomplete, or illegible serial number, or a missing or incomplete CE-mark. The same applies to counterfeit products or if alterations have been made to the offered watch/chronograph or parts thereof.
3.4.3. Content requirement for seller’s offers
You have to describe your Breitling watch and/or chronograph accurately and with all relevant features and characteristics in words and, if possible, with photos to which you must hold all rights. We reserve the right in individual cases to request suitable proof of origin of the watch or chronograph offered (e.g. original invoice(s), self-disclosure of origin).
The publishing of offers, texts, images or other content that violate legal provisions, these Service Terms, the rights of third parties, or morality, or any legal standard, is prohibited. In particular, it is prohibited to publish any content that violates copyright, trademark and competition laws, legal regulations for the protection of minors or that contain untrue statements or is otherwise misleading.
You shall not sell a watch if it breaches legislative, regulatory, or contractual provisions.
Furthermore, you have to refrain from all actions that could endanger the safe operation of the “Trade My Watch” - Service or harass other users or that otherwise go beyond the purposes of the “Trade My Watch” - Service. In particular, it is prohibited:
- to send e-mail advertisements, SMS advertisements, chain letters, or other harassing content to other users;
- to reproduce, publicly display, distribute, edit or otherwise use “Trade My Watch” - Service content in a manner that exceeds the intended use without the prior written consent of Breitling;
- to reproduce, publicly display, distribute, edit or otherwise use the offers or other content of third parties without their prior consent in a manner that exceeds the intended use of the “Trade My Watch” - Service.
- to send viruses or other technologies that could damage the “Trade My Watch” - Service or the interests or property of other users;
- to expose the infrastructure of the “Trade My Watch” - Service to undue stress or otherwise interfere with or threaten the functioning of the “Trade My Watch Service” - Service;
- to collect or use information, including but not limited to email addresses or phone numbers, about other users without the users' prior consent;
- to use crawlers, spiders, scrapers or other automated mechanisms to access the “Trade My Watch” - Service and collect content without our express written consent; or
- to circumvent measures designed to prevent or restrict access to the “Trade My Watch” - Service.
Please note that you have to save and archive all data and information within the “Trade My Watch” -Service, which you currently need or might need for purposes of preservation of evidence, accounting or for other purposes, on you own storage medium.
You undertake to keep these data and information that You would have been communicated strictly confidential, except in case where disclosure is required by law, by any court of competent jurisdiction, or by any official regulatory body.
3.4.4. Content moderation
Uploading, posting, or transmitting any content or information on the “Trade My Watch” - Service that is illegal, inappropriate, offensive, or violates these Service Terms is strictly prohibited for users. Breitling reserves the right to evaluate, monitor, and, if necessary, remove or suspend any content that breaches the outlined requirements in section 3.4.3 or any other provision in these Service Terms or legal standards. Violations may also lead to the suspension or termination of your Breitling Account.
Breitling offers users, including designated trusted flaggers under the Digital Services Act, a way to report any content or behaviour believed to be illegal, inappropriate, or in violation of these Service Terms. A 'report' button is featured on each listing page of the “Trade My Watch” - Service, directing users to an online form where they can submit notices reporting violations. We strongly encourage users to use this online form for content report notices, helping us maintain a safe environment.
Breitling takes these reports seriously, conducting prompt reviews and ensuring a swift, appropriate response. If your notice contains your electronic contact details, we will confirm receipt through a confirmation email. Following our review, we will promptly communicate our decision to you and provide available options for resolution or redress. In the case of content removal, account suspension, or termination, the affected user will also be notified by email, including information and available options for redress, unless compelling reasons dictate otherwise.
If content removal or information is requested by government authorities within the European Union, we will assess the situation and take necessary actions in compliance with our Service Terms and applicable laws. Following this, we will communicate our actions to you as appropriate.
We also reserve the right not to publish offers for sale if there are indications that the offered watch and/or chronograph is not for sale or is otherwise offered in an illegal manner, if there are indications that the offer is intended to be or was placed for abusive purposes or if it violates these Service Terms. In such cases, we will notify you using the email address provided in your Breitling Account. If you have been permanently excluded from using the “Trade My Watch” - Service or if the user agreement has been terminated, you may no longer use the “Trade My Watch” - Service even with other user accounts, including such user accounts that have been created for third parties, and may not sign up again for registration with the “Trade My Watch” - Service. We reserve the right to restrict or terminate the “Trade My Watch” - Service in whole or in part, as well as to delay the publication of offers or other content of users, e.g. if this is necessary with regard to capacity limitations, the security or integrity of the servers or for the implementation of technical measures, or if this serves the proper or improved provision of the services (maintenance work).
3.4.5. Internal complaint-handling system
If you have submitted a content moderation notice or have been affected by a content moderation decision, you have the option to file an appeal within six months of receiving Breitling's decision. To initiate your appeal, please contact us via email outlining the facts and your reasons for revision. Your detailed input is appreciated and will aid our review and decision-making process.
We conduct thorough reviews of appeal requests, correcting content moderation decisions if errors are identified, and, when appropriate, offering users another opportunity to align with our Service Terms. Following the appeal review, we promptly communicate the outcome to the reporter and/or affected user via email, as appropriate. If necessary, additional information may be requested. Importantly, appeal decisions are made under the careful supervision of qualified staff and are not reliant on automated methods.
Please note that consistent submission of unfounded or abusive appeals may lead to a temporary suspension of the appeal processing. We reserve the right to impose limitations on the number of times a specific decision can be appealed.
If you wish to challenge our content moderation decisions with third parties, including complaints not resolved through our complaint-handling system, you have the option to select an out-of-court dispute settlement body certified under the Digital Services Act. We will engage in good faith with the chosen body to resolve the dispute. However, we reserve the right to decline engagement if the dispute has already been resolved or is part of an ongoing procedure before a competent court or another out-of-court dispute settlement body, addressing the same content and grounds for alleged illegality. Users maintain the right to initiate legal proceedings at any stage to contest decisions before a court in accordance with applicable law. If you have any questions regarding this matter, please don't hesitate to reach out to our designated point of contact at dsa@breitling.com.
3.4.6. Your liability
You shall indemnify Breitling against all claims asserted against Breitling by other users or other third parties due to an infringement of their rights by your offer and other content posted by you in the “Trade My Watch” - Service or due your use. In this case, you shall bear the costs of the necessary legal defence of Breitling including all court and attorney fees in the statutory amount. The claim for indemnification does not apply if you are not responsible for the infringement.
In case of a claim by a third party, you are obliged to provide us immediately, truthfully and completely with all information necessary for the examination of the claims and for a defence.
Any liability of you beyond these Service Terms remains unaffected.
3.4.7 Breitling’s liability
The offers and other content published by users through the “Trade My Watch” - Service do not reflect the opinion of Breitling and are not reviewed by Breitling for their legality, accuracy or completeness. We do not guarantee the accuracy or completeness of the information contained in the offers, the quality, safety or legality of the watches and/or chronographs offered by users.
Breitling shall be liable, irrespective of the legal grounds, within the scope of fault-based liability only in the event of wilful intent and gross negligence. In the event of simple negligence, Breitling shall only be liable, subject to mandatory applicable law, for damages arising from death, personal injury, and for damages arising from the breach by Breitling of a material contractual obligation to you upon which you rely for the proper performance of the contract. In the latter case, Breitling’s liability is limited to compensation for the foreseeable, typically occurring damage. The limitations of liability shall also apply to third parties as well as in the event of breaches of duty by persons (also in their favour) whose fault we are responsible for according to statutory provisions.
The above limitations of liability are subject in all cases to mandatory law in the countries to which these Service Terms apply (as listed in clause 1). We do not exclude or limit in any way our liability to you where it would be unlawful to do so.
In France, the above limitations of liability are not applicable to consumers.
In Germany, the above limitations of liability are not applicable in the case of fraudulent conduct by Breitling or insofar as a guarantee has been assumed by Breitling for the quality of a product and for claims under the German Product Liability Act (Produkthaftungsgesetz).
Furthermore, in accordance with article 6-I, 2 and 3 of French law n° 2004-575 of 21 June 2004, Breitling shall not be held liable for content made available on the Website by buyers or sellers, in particular with regard to the description of watches or the assessments that Buyers make, unless it does not promptly render such content inaccessible after being informed of its illegality in accordance with the conditions provided for by this law.
3.4.8. Termination of use of the “Trade My Watch” - Service
You may delete your offer at any time in your Breitling Account or terminate further use of the Service at any time in text form without any notice period. For this purpose, please send a notice of termination by e-mail to info.eu@breitling.com or by mail to: Breitling Europe B.V., New Yorkstraat 44, 1175 RD Lijnden, Netherlands.
We may terminate the “Trade My Watch” - Service with you at any time in text form (e.g. by email) with a notice period of thirty (30) days. If we have terminated the Service, then you are not allowed trying to conclude a new “Trade My Watch” - Service after receipt of the notice of termination. The termination period of thirty (30) days does not apply if the termination is due to mandatory legal provisions or official orders. We will give you separate reasons for this unless there are compelling reasons to the contrary. Breitling’s right to delete individual offers, to block users and to carry out other measures according to clause 3.4.4. as well as the right to terminate the Service without notice for cause remain unaffected.
With the termination of the “Trade My Watch” - Service, all running offers will be removed. All stored data of your offer will be deleted at the latest six months after termination of the Service. This does not apply to data that Breitling is legally obliged to store or has a legitimate interest in storing, e.g. to prevent re-registration after a justified blocking. Aggregated data generated by the use can generally continue to be stored after the end of the Service.
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 Value Added Tax 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 by you.
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. 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.
Breitling USA Inc., 24th of August 2022
在线客户服务一般条款和条件
以下客户服务一般条款和条件(条款)适用于在线维修和服务请求。请仔细阅读这些条款,并确保在提交在线服务请求之前已了解这些条款。
- 适用范围
- 这些Breitling SA条款对所有被授权的百年灵服务中心(百年灵中心)都是通用的,适用于它们在属于第三方(客户)的任何百年灵手表(产品)上进行的所有维修和维护服务(服务)。
- 服务请求
- 服务请求可由客户通过百年灵网站www.breitling.com 上的在线表格(服务请求)直接填写。
- 在提交服务请求后,客户会通过电子邮件收到对其服务请求的确认(确认)。
- 客户还会通过电子邮件收到服务参考号以及登录详细信息,以便在线访问其服务请求的状态(服务状态帐户)。在其服务状态帐户上可查到大致的交付时间和其它信息,访问地址如下:https://www.breitling.com/us-zh/service/consult/login/.
- 流程和时间期限
- 客户应将其产品发送至百年灵中心,该中心将对其进行检查并作出服务成本估算(估算)。
- 百年灵中心在收到估算认可和服务的预付款后才会开始进行服务。
- 除要求的美容服务外,当服务属于国际或服务保修范围时,不会发出估算。客户会被告知服务何时开始。
- 百年灵中心将尽力在合理的时间内完成服务。但是,百年灵中心报出的完成服务的任何日期仅为大概日期,百年灵中心不对因未能遵守此类日期而导致的任何损失或损害承担责任。
- 交付产品
- 在确认电子邮件中,客户会收到详细信息,说明如何将产品发送到百年灵中心。
- 产品可以装在百年灵中心发给客户的百年灵盒和包装内邮寄,这在某些国家可能需要预付费。
- 在没有预付费百年灵盒和包装的国家,或者如果客户不使用预付费百年灵盒和包装,投递风险和费用将由客户承担。
- 成本估算
- 收到产品后,百年灵中心将在合理的时间内通过电子邮件向客户发送估算。客户也可以在其客户服务状态帐户中查看此估算。
- 估算描述了产品状况并列出了必选和可选维修服务的性质,并在必要时说明需要更换或维修的产品部件和部件。
- 估算自发出之日起三十(30)天内有效,并应得到客户的明确批准。
- 估算是免费的。只有在客户拒绝估算或撤消服务请求并且产品不经过维修返回给客户时,才会向客户收取估算费用。
- 估算的修改
- 如果百年灵中心在服务期间发现,为了保持产品的功能性、完整性或防水性,必须进行初始估算中未包含的额外操作,百年灵中心将立即通知客户。
- 在继续任何服务之前,百年灵中心将向客户发送更新的估算并需要客户明确批准。
- 客户接受估算
- 一旦客户明确接受估算并支付全款,百年灵中心将尽一切合理努力开展服务。
- 客户可以将其同意扩展至最初未接受的可选服务,前提是客户在服务开始之前以书面形式向百年灵中心传达此意愿。
- 客户拒绝估算
- 在估算有效期届满后,或当客户拒绝估算时,产品将以其由客户发送到百年灵中心的初始状态返还给客户,前提是客户已经支付了估算费。
- 国际保修下的服务请求
- 根据客户的明确要求,服务可根据Breitling SA提供的国际保修条款进行,见https://www.breitling.com/us-zh/service/international-warranty/。
- 当客户要求百年灵中心根据国际保修条款修理产品时,其必须提供必要的证据,证明所需的服务符合国际保修的条件。如果客户未能提供此类证据,百年灵中心将有权向客户收取服务费,例如为国际保修未涵盖的任何服务收取服务费。
- 当百年灵中心认为服务受国际保修保障并且所有条件均已满足时,将通知客户此情况以及服务已经立即开始。
- 如果在服务期间,百年灵中心注意到存在排除国际保修的理由,其将立即中断服务。在继续任何服务之前,百年灵中心将向客户发送估算并要求其在继续任何服务之前明确接受。
- 如果客户拒绝估算,百年灵中心保留向客户收取当时已执行的任何服务的费用,以及制定估算、包装、运输和保险的任何可能费用,作为对百年灵中心的合理补偿。只有在支付了上述费用后,产品才会以交付给百年灵中心的初始状态退还给客户。
- 保留适用于百年灵EMERGENCY手表型号的特定规则。
- 撤销权
- 根据关于消费者权利的指令2011/83/EU适用时,客户有权在客户接受日期后14天内以书面形式向百年灵中心发出书面通知,撤销其对估算的接受并取消其服务请求。
- 百年灵中心在此14天期限届满之前不会开始进行产品服务,除非客户在撤销期间明确要求立即执行服务并且承认他将因此失去撤销服务的权利。
- 如果客户希望百年灵中心在客户接受估算后立即开始对产品进行服务,则必须主动提出要求。
- 如果客户提出立即执行服务的请求,客户承认不可撤销地放弃了撤销权,并且不再有权取消服务,而且服务将被完成。
- 在14天期限过后,客户不再可行使撤销权。
- 有关如何行使撤销权的详细信息和文件可参见以下链接:https://www.breitling.com/us-zh/privacy-policy/
- 如果客户有效地行使了撤销权,百年灵中心将退还为服务支付的价格并退回产品。在收到撤销之前执行的任何服务、以及制定估算、包装、运输和保险的任何可能费用将向客户开具发票,作为对百年灵中心的合理补偿。
- 价格和付款
- 百年灵网站(https://www.breitling.com/us-zh/service/all-prices/)上提供了服务的建议公开价格。如果适用,价格可能包括增值税、邮资和包装费,并且仅供参考。
- 在估算中传达给客户的价格构成总价,包括所有额外的适用成本和税费。对于客户可用的付款方式,不收取任何额外费用。
- 在接受估算后,客户必须在服务执行前支付服务价格。
- 估算中明确说明了付款详情和方式。
- 可以用信用卡付款。客户承认,信用卡付款可能由第三方服务提供商或百年灵处理,并保证其有权使用所提供的支付卡详细信息。
- 百年灵中心保留不时修改服务价格的权利。在明确接受估算之后,并根据第6条规定的具体情况,百年灵中心不会以修改后的价格开展服务。
- 产品接收
- 如果怀疑产品是否为正品或对停产产品的识别存在不确定性,百年灵中心保留在认为必要时将产品发送至瑞士Grenchen 2540 Breitling Sa的权利,特别是在制定估算时。
- 服务标准
- 如果百年灵中心认为其能够为产品提供服务,则将按照Breitling S.A.的规格进行。
- 百年灵中心可根据百年灵的质量标准,酌情决定其认为有用(适当)的服务的性质和方法以实现产品的完整功能、完整性和防水性。
- 如果不再可获得原始部件,或者无法恢复停产产品,百年灵中心将无法继续进行服务。在这种情况下,百年灵将酌情提出对新产品的商业报价。
- 如果客户接受报价,百年灵中心将退回原产品。百年灵中心将在产品、内部部件和零件上刻上特定标记,以便进行跟踪。
- 百年灵中心将在更换可能会影响停产手表特征的主要部件和零件,如玻璃、表盘、表壳、平衡轮之前寻求客户的授权。
- 更换零部件
- 除了表带外,在服务期间更换的手表机芯的零部件都包含在服务价格中,只要这些零部件是通常标准服务中需要被更换的。
- 在所有其他情况下,包括产品遭受影响或其他损坏需要在通常的更换日期之前更换某些零部件的情况,百年灵中心将向消费者发送更新的估算并要求他/她明确批准。
- 接受估算即表示客户同意在更换日期更换的任何零部件(表带和手镯除外)都将为百年灵中心所有。
- 不可抗力
- 如果尽管做出了合理的努力,但百年灵中心由于不可抗力事件而无法完成服务,则服务的完成将根据不可抗力事件的性质和规模被中断和延迟。不可抗力包括但不限于自然现象、冲突、罢工、袭击、不可预见的官方限制以及百年灵中心无法控制的任何其它事件。如果任何不可抗力事件延迟或阻止服务完成连续六(6)个月,客户可以向百年灵中心发送书面通知,要求退回产品。
- 在中断之前执行的任何服务、以及任何可能的包装、运输和保险费用将向客户开具发票,作为对百年灵中心的合理补偿。不向客户收取任何未开展工作的费用。
- 服务完成后返回产品
- 产品将以受保护包装返回到客户在服务请求表上指定的送货地址。产品包装和发送的方法应由百年灵中心酌情决定。
- 将在发送产品的当天向客户发送电子邮件通知。
- 如果客户注意到包装已损坏,他/她应拍下包装照片,并在产品返回之日起三(3)天内将损坏情况及时书面通知百年灵中心和承运人。
- 延迟收取产品
- 客户应在提供服务产品之日起最多5年内收取产品。 如果百年灵中心基于其在服务请求或服务状态帐户上提供的联系信息,经过百年灵中心的合理反复尝试以发送产品和/或联系客户失败后,则客户明确允许百年灵中心 自行决定处置产品
- 服务保修
- 以下保修条款不适用于由电池更换和其他按需服务组成的有限服务。明确排除与产品防水性或正常运行相关的任何保证。
- 在服务期间进行的任何工作都包含在发票上注明的服务之日起一(1)年(瑞士)的服务保修中。
- 客户应在服务完成后收到产品的五(5)个工作日内仔细检查产品,以书面形式通知百年灵中心任何可能立即发现的明显缺陷。如果不这样做,产品将被视为以良好状态被客户接受,并且百年灵中心将被解除所有和任何索赔或责任,除非它与无法及时得到合理注意的缺陷有关。保留当地适用法律规定的任何更长的截止日期。
- 服务保修范围不包括:正常使用造成的磨损和产品老化、盗窃、丢失、自然灾害造成的损坏、因冲击、打击或挤压等事故造成的损坏、因错误处理或使用不当造成的损坏、被授权的百年灵中心以外的任何一方改动产品造成的损坏和因未每两年进行一次服务。
- 服务保修是附加于客户根据相关国家法律可能拥有的任何其他合法权利,并且不会干扰此类权利。
- 服务保修独立于并且不影响您购买手表时获得的百年灵国际保修。
- 假冒产品
- 如果对交付和委托的产品进行第一次检验时发现其一个或多个零部件是伪造的,百年灵保留拒绝对产品进行任何服务的权利,并将相应通知客户该情况。
- 如果对产品进行的首次检验表明产品或其零部件是伪造品,百年灵中心可对假冒产品进行详细检查,并调查其来源和商业化渠道。百年灵中心可能会寻求同意合作的客户的帮助,并要求他提供相关信息。
- 向百年灵销售点或百年灵中心交付产品,即表示客户明确同意在产品检验显示其为假冒产品或主要零部件为假冒时将产品免费让与百年灵中心进行破坏性处置。
- 如果有少量假冒零部件,百年灵中心可酌情决定向客户提出更换。估算将发送给客户批准。如果客户拒绝,百年灵中心保留拒绝进行产品服务的权利。
- 根据要求,百年灵中心将向客户提供确认产品伪造性质的证明文件,并在客户决定对卖方提起法律诉讼时向客户提供协助。
- 改装产品
- 当发现产品原始零部件的外观或功能已被更改或零部件非原件时,百年灵中心保留酌情决定拒绝对改装后的产品进行任何服务的权利。
- 百年灵中心可酌情决定接受对改装产品进行服务。百年灵中心将根据将产品恢复其原始外观和功能所需的工作和部件为客户提供估算。
- 被盗产品
- 如果产品先前已报失,并且在百年灵数据库中被列为被盗,百年灵中心保留通知相关机构的权利。客户同意百年灵中心可应要求或酌情决定向主管部门提供客户的联系方式。
- 在确定所有权之前,百年灵中心不会对被盗产品进行服务。
- 百年灵中心将保留产品直至确定所有权。只有权威机构才有权决定产品的合法所有权。根据要求,百年灵中心可将产品交付给调查机构。
- 个人数据保护
- 您的个人数据将根据我们的隐私政策(隐私政策 | Breitling)被收集、处理和使用。
- 责任
- 本条款中的任何内容均不得限制或排除百年灵中心对因其疏忽、欺诈或欺诈性虚假陈述造成的死亡或人身伤害的责任。
- 百年灵中心在任何情况下均不对客户承担因这些条款引起或与这些条款有关的任何利润损失或任何间接损失或不可预见的任何损失或损害的责任,无论相关责任是合同、侵权(包括疏忽)、违反法定义务或其它责任。
- 百年灵中心就因本条款引起或与本条款有关的所有其他损失向客户承担的全部责任,应限于等于百年灵的产品更换的当时建议零售价格。如果百年灵不再生产和销售与产品相同的产品,百年灵中心的责任仅限于当前范围内的与产品相当的最接近型号的百年灵当时建议零售价格。在此类情况下,百年灵中心保留通过向客户提供产品更换或与产品相当的最接近型号,履行其责任的权利。
- 杂项
- 百年灵中心可将其在本条款下的权利和义务转让给其他组织,但这不会影响在这些条款下的客户权利或百年灵中心的义务。客户仅可在事先获得百年灵中心书面批准的情况下,将其权利和义务转让给其他人。
- 这些条款以及服务请求和估算,构成百年灵中心与客户之间就服务达成的完整协议,并取代百年灵中心与客户之间之前的任何书面或口头协议、陈述或谅解。双方确认他们未根据未明确纳入服务请求、估算或本条款的任何陈述或承诺订立协议。
- 如果这些条款的任何规定被认定为无效、非法或不可执行,则应视为已以使其有效、合法和可执行必需的最小程度进行修改。如果无法进行此类修改,则相关规定被视为已删除。根据本条款对条款的任何修改或删除不应影响其余条款的有效性和可执行性。
- 百年灵中心保留随时修改这些条款的权利。对本条款的任何修改均应以书面形式作出。客户同意,百年灵中心收到服务请求时生效的条款适用于服务的提供。
- 适用法律
- 本条款以及百年灵中心与客户之间的关系受负责服务的百年灵中心注册办事处所在国家的法律管辖并按其解释,但不包括法律冲突规则,前提是客户住所的国家法律不排除这种法律选择。
- 这不得剥夺其住所法律的强制性规定给予客户,可能对客户更有利的保护。
- 管辖权
- 由本条款引起的或与本条款有关的任何争议,包括有关其解释、存在性或有效性的任何问题,应提交给负责服务的百年灵中心注册办事处所在的主管法院进行专属管辖。这不得剥夺合同不可取消的适用法律的强制性规定给予客户的保护。
更新于2023年12月