TERMS & CONDITIONS OF SALE FOR E-BOUTIQUE AND CONCIERGE SERVICES OF Breitling Europe B.V.
WELCOME TO OUR E-BOUTIQUE
The following conditions and any other related terms made available as provided herein (“Terms of Sale”) shall apply to all sales of Breitling branded watches, bracelets or any other product of Breitling brand (“Breitling Product(s)”) that you, acting as consumer, (also referred to as the “Customer(s)”) may order from Breitling Europe B.V., New Yorkstraat 44, 1175 RD Lijnden, registered with the Dutch Chamber of Commerce (KvK) under number 77405994, NL 8609 98 605 B 01 (referred to as “us”, “our”, “we” or “Breitling”) either (a) on the Internet via Breitling's website, under the URL "https://www.breitling.com/" (“Website”) or (b) via the Concierge Service of Breitling (“Concierge Service”) which 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.
These Terms of Sale apply solely to sales made online through the Website or the Concierge Service to natural persons with a delivery address in one of the following nine countries:
- Denmark, excluding: Faeroe Islands and Greenland
- Finland, excluding: Aland Islands
- France, excluding : Oversea Departments and Territories (DOM-TOM)
- Germany, excluding Helgoland and Busingen
- Italy, excluding: Campione d’Italia, Livigno, Vatican City, The Italian Waters of Lake Lugano, San Marino
- Spain, excluding: Ceuta, Melilla and the Canary Islands
On the Website, Breitling provides country dedicated Websites pages. Delivery for a purchase done on a country dedicated Website page and/or via a corresponding country specific phone number/email to the Concierge service, is limited to the territory of the specific country.
These Terms of Sale do not apply to sales conducted through Breitling retail boutiques and/or through authorised retailers.
The Terms of Sale are applicable to any order placed through the Website or the Concierge Service.
For the sake of convenience, the original English version of the Terms of Sale has been translated into multiple languages. In the event of any inconsistences between these versions, and to the extent permitted by law, the English language version is the authoritative version which may serve as a basis for the interpretation of the other versions.
From time to time, Breitling may modify these Terms of Sale at its sole discretion. We 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 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 these Terms of Sale will not be affected by these changes.
2. ORDERING BREITLING PRODUCTS
2.1 ELIGIBILITY TO PURCHASE OUR BREITLING PRODUCTS
Customers must (a) act as consumers, (b) have reached either the age of 18 years or the minimum required age for legal majority in your country of residence, and (c) have the legal capacity to enter into contracts. If you are under the age of 18 years or below the required age for legal majority in your country of residence or otherwise cannot lawfully enter into a contract, only your parent or guardian can place an order on your behalf. Any orders contrary to this provision will be null and void.
By placing an order on the Website or through the Concierge Service, you warrant that you are purchasing the Breitling Products in good faith and will not purchase, deliver, sell, or otherwise distribute Breitling Products for commercial purposes. Breitling Products may be purchased for yourself or for the benefit of another individual to whom you are making a gift (“Gift Recipient”).
2.2 PRODUCT AVAILABILITY
Breitling reserves the right to change the selection of Breitling Products available on the Website or through the Concierge Service and may limit the quantity of Breitling Products available per Customer. 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 Products that are currently available for sale on the dedicated “product” pages of the Website or through our Concierge Service.
2.3 CREATING AN ACCOUNT OR USING THE GUEST CHECKOUT
In order to place an order on the Website or through the Concierge Service, you, or the Breitling Concierge on your behalf, may register and create a personal account on the Breitling Website. You will be required to provide valid and accurate personal information, such as your family name, first name, home address, phone number, email address, and to confirm that you have reached the age of 18 years or the minimum required age for legal majority in your country of residence.
You can also place an order as a guest without creating an account (using the option “Guest Checkout”). You can decide to create your Breitling account later, upon receiving your order confirmation. Such account, however, will not include transactions made prior to the creation of the account.
You are responsible for ensuring that your account credentials, including your password are kept secret and secure. Breitling cannot be held responsible or liable for the misappropriation or any misuse of your account resulting from a third party's access to and use of your password and account login, if this is not the result of any breach by Breitling.
You are responsible for informing us of any change in your personal information. Please login to your account and update such information directly on the Website or inform the Concierge Service or notify Breitling at the following email address: firstname.lastname@example.org.
Should Breitling reasonably suspect that a third party has breached a Customer's account or has misused a Customer account credentials, Breitling may immediately cancel and terminate the account and contact you by other means (e.g. via email or phone). Breitling will strive to inform you, stating the relevant reasons, if possible before, but at the latest immediately after the Customer account has been blocked.
2.4 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.
If you prefer to place an order by telephone through the Concierge Service, the Breitling Concierge will complete the order process on your behalf. You can find a list with the specific country numbers and further contact information here. Any enquiries and questions may also be directed per email to the Concierge Service: email@example.com.
You may be invited to provide additional personal information when placing an order on the Website or through the Concierge Service, such as shipping and/or billing address, payment details, or information to verify your identity. You confirm that all personal information given to Breitling is true and accurate. Breitling or its third-party providers may collect additional information for security and anti-fraud purposes.
Notwithstanding anything to the contrary provided for herein, and to the extent permitted by applicable law, Breitling reserves the right to refuse, cancel, and terminate orders at any moment and at its sole reasonable discretion. For instance, if there is an ongoing dispute concerning payment of a prior order or if Breitling reasonably suspects a violation of these Terms of Sale.
2.5 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.
2.6 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 along with the order acknowledgement.
2.7 ORDER CONFIRMATION
Following completion by Breitling of its anti-fraud, security and related legal checks and subject to product availability, Breitling will send the Customer by email a written order confirmation within two weeks of receiving the order. The order confirmation constitutes the acceptance of your order by Breitling and forms a binding contract between Breitling and yourself. If you have not received an order confirmation within two weeks, your order will be deemed to be rejected.
2.8 ORDER SHIPMENT
Upon shipment of your order, Breitling will send you a notice thereof by email. Shipments will be made using the address that you have indicated in your order. The invoice of your purchase will be included.
For specific Breitling Products, Breitling offers the possibility of pre-ordering (“Pre-order”). Pre-ordering a Breitling Product means that you reserve and pay a deposit for a Breitling Product that will be available on a future date. The Pre-order possibility is expressly mentioned on the Breitling Product webpage of each relevant Breitling Product.
Pre-orders are subject to these terms and Terms of Sales with the following amendments or additions:
- Limited editions of Breitling Products that can be ordered under Pre-order are only available in limited quantities. You acknowledge that Breitling may not be able to fulfil your Pre-order due to limited quantities.
- The presentation of Breitling Products on the Website constitutes a binding offer by Breitling to sell the Breitling Product. Any offer of limited edition of Breitling Products is limited in time.
- By placing a Pre-order, you accept the above-mentioned offer from Breitling and that this establishes a binding contract between you and Breitling.
- Upon sending the Pre-order, a certain percentage of the sales price, as specified on the product page or in the check-out, (excluding VAT and shipping costs) must be paid immediately. Placing a Pre-order deposit provides you a priority access as soon as the Breitling Product becomes available.
- When the Breitling Product is available for shipping, Breitling will inform you by email with instructions on how to pay the remaining amount due and a link to an online secured payment platform.
- Payment for the remaining balance of your order will usually be requested 7 working days before the watch is expected to be shipped. Payment of the remaining amount must be made on the online secured payment platform.
- The Breitling Product will only be shipped after the full payment is received, unless a method of payment, as offered by Breitling, is used which allows payment in instalments or arrears.
- If the Breitling Product you have ordered is not available, Breitling will inform you immediately by email about the cancellation of the sales contract. The deposit will be refunded.
- Save for a refund of the Pre-order costs you will not be entitled to any additional compensation or remedies, to the extent permitted by law, in case of cancellation by Breitling of your Pre-order, whatever the reason.
3.1 INFORMATION ABOUT PRICES, TAX AND DELIVERY COSTS
Breitling reserves the right to change or adapt prices and shipping costs at any time without specific prior notice on the Website. If the price of a Breitling Product and shipping costs 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 delivery costs and applicable taxes will be indicated on the payment page before you are invited to confirm and place your order (in the case of a Website order) or will be quoted by the Breitling Concierge (in the case of a telephone order) (“Purchase price”).
Please note that changes to tax laws may occur between the date your order is placed and the date of our order confirmation. We will contact you and ask that you reconfirm your purchase if this results in increased VAT or sales tax being charged. You are free to reject our offer to purchase under the new conditions.
Such delivery costs and taxes will be indicated on your order confirmation email and on your invoice.
Please note that Breitling will not send the invoice and payment details to a Gift Recipient, if applicable, but to you.
3.2 PAYMENT METHODS
3.2.1 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.
3.2.2 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.
3.2.3 FINANCING THROUGH A THIRD-PARTY FINANCING COMPANY INDEPENDENT OF BREITLING
In several countries, Breitling is pleased to offer “qualifying” Customers the option to pay for watch purchase(s) through a deferred payment option that will allow the purchase price of a watch to be paid in instalments.
Breitling is working with duly selected third-party financing companies, that may change from one country to the other. The financing service is offered by the third-party company available in your country of residence, which is independent of Breitling. Hence, Breitling does not know and has no access to information that a Customer may share with the third-party company in exploring a financing option. Breitling is not responsible for any third-party services that a Customer may choose to employ in connection with their Breitling purchase. This third-party service is subject to their own terms and policies.
Customers interested in exploring financing options for watch purchases may visit the website of the third-party financing company available in their country, to learn about the requirements and the specific terms that may apply to qualified Customers, based on a credit review that will be performed by the third-party financing company.
By choosing the third-party financing option on the payment page, Customers will be redirected to the website of the financing company available in their country.
The available third-party financing service offered in your specific country, if any, will be shown to you at the check-out page.
4. COURTESY OF BREITLING – COMPLIMENTARY SERVICES
Breitling is also offering its Customers the following Complimentary Services free of charge. The following services can be selected during the checkout process:
- 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 millimetres on our Website or provide this information to our Concierge Service.
- Exchange of your watch leather strap: Depending on the selected watch model, different sizes of leather straps are available upon request through our Website or through our Concierge Service.
- Personalise 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. Breitling may reject at its sole discretion gift notes that are in breach with Breitling's technical requirements and specifications or are unlawful, objectionable or contrary to Breitling's brand image or policies.
- Personalise by engraving: Breitling may, at its sole discretion, offer to you for certain Breitling Products the possibility to customize your Breitling Product with an engraving. When this option is available, it will be shown to you during the check-out process. You, as the Customer, will be asked to provide the content to be engraved and will be responsible for the correctness of the content, for which Breitling does not assume any liability. Breitling may reject at its sole discretion orders of Breitling Products containing engravings that are in breach with Breitling's technical requirements and specifications or are unlawful, objectionable or contrary to Breitling's brand image or policies. Please note the exceptions with regard to the right of withdrawal according to clause 6.2.
Note that customized or engraved Breitling Products cannot be returned to Breitling for a refund.
5. SHIPPING AND DELIVERY
5.1 DELIVERY TIMES
Unless stated otherwise, the delivery time for a standard delivery is 2 to 3 working days (Monday-Friday) after the issuing of the email with the order confirmation, but please note that these times may vary and are purely indicative. Breitling will endeavour to process your order as soon as possible. These delivery times do not apply to additional requests and Complementary Services described in clause 4 above.
All orders made through the Website or through the Concierge Service under these Terms of Sales are limited to being delivered to an address in Austria, Denmark, Finland, France, Germany, Italy, Netherlands, Spain, or Sweden. You, as the Customer, must provide to Breitling a delivery address in one of these countries. During the payment process you will be requested to indicate a preferred time frame for delivery, taking into account the delivery times mentioned above.
The responsibility for the Breitling Products passes to the Customer when the carrier delivers the package or when the carrier hands the package over to the recipient. In order to guarantee high quality standards and fast delivery, we partner with the specialised delivery companies such as for example UPS or DHL.
Your delivery package will contain your purchased Breitling Product(s) with all related accessories (if any); the product manual, as applicable; the Certificate of Official Swiss Chronometer Testing Institute and an e-Warranty Card; a Breitling Bag; the return instructions and the packing slip without price. We will also include the printed gift note containing your message, if you have requested it at the time of the order.
5.2 RECEPTION AND VERIFICATION OF THE BREITLING PRODUCTS
Breitling endeavors to insure each purchased Breitling Product during the time it is in transit until it is delivered to you. We require the collection of a signature from an individual who is 18 years old or has reached the age of legal majority in the specific country, in order to confirm your receipt of each Breitling Product delivered, at which point responsibility for the purchased Breitling Product passes to you. 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.
You are advised to verify the quantity and condition of the Breitling Product(s) on delivery. Please inform the carrier immediately when receiving your order in case of apparent breakage or visible defects or damages to the package or to the Breitling Product(s). Please also notify Breitling Concierge Service immediately.
6. RIGHT OF WITHDRAWAL
When concluding a distance sale transaction, consumers generally have a statutory right of withdrawal, about which Breitling informs in section 6.1 below. Exceptions to the right of withdrawal are regulated in section 6.2. Section 6.3 contains the statutory model withdrawal form.
6.1 STATUTORY RIGHT OF WITHDRAWAL
You have the right to cancel the contract concluded through our written order confirmation without giving any reason, fourteen (14) days from the day on which you acquire, or someone you nominate (other than the carrier) acquires, physical possession of the Breitling Products in your order. If more than one item is ordered under the same contract, then the cancellation period ends at the end of 14 days after the day on which the last of the Breitling Products comes into your (or your nominated recipient's) possession.
In order to exercise your right of withdrawal, you must send us a clear statement (e.g. a letter sent by post or email to Breitling Europe B.V., New Yorkstraat 44, 1175 RD Lijnden, email: firstname.lastname@example.org) informing us about your decision to make use of your statutory right of withdrawal. Once received by Breitling, you will receive an email confirming your statement of withdrawal. In order to do so, you may use the below model withdrawal form, but this is not mandatory. Alternatively, you may contact the Concierge Service via phone by calling the specific service number provided for your country. You can find a list with the specific country numbers and further contact information here.
If the Customer exercises the statutory right of withdrawal, the Customer must return the Breitling Product with all supplied accessories within 14 days after having exercised its right of withdrawal, in accordance with the instructions provided by Breitling.
Breitling will refund the purchase price, including shipping fees immediately after receipt of the returned Product(s) and no later than fourteen (14) days from that date. The payment details used for the order will also be used for the refund, unless indicated otherwise by the Customer.
You must return or hand over the Breitling Product to us immediately and without undue delay and in any event no later than fourteen (14) days from the date on which you notify us of the withdrawal. This period shall be deemed to have been observed if you dispatch the Breitling Product before the expiry of the fourteen (14) day period. You shall bear the direct costs of returning the Breitling Product.
You shall be liable for any loss in value of the Breitling Product if this loss in value resulted from your handling of the Product which was not necessary for the purpose of checking its condition, properties and functionality.
6.2 EXCEPTIONS TO THE RIGHT OF WITHDRAWAL
The right of withdrawal does not exist for the delivery of goods that are clearly tailored to the personal needs of the Customer. This applies in particular to Breitling Products that have been customized or engraved at the Customer's request.
6.3 MODEL WITHDRAWAL FORM
Model Withdrawal Form
(complete and return this form only if you wish to withdraw from the contract)
- To Breitling Europe B.V., New Yorkstraat 44, 1175 RD Lijnden, email: email@example.com
- Hereby I/we (*) give notice that I/we (*) withdraw from my/our (*) contract of sale of the following goods (*)
- Ordered on (*)/received on (*)
- Customer name(s)
- Customer address(es)
- Customer signature (only required for paper forms)
(*) Delete where inapplicable
Should you exercise your right of withdrawal in accordance with Section 6, Breitling is, in deviation from Section 6, willing to bear the costs for the return of your Breitling Product if you follow the return instructions below. Your statutory right of withdrawal and defects warranty rights remain unaffected.
- Notify the Breitling Concierge to inform that you made or wish to make use of your statutory right of withdrawal under Section 6, via phone by calling the specific service number provided for your country. You can find a list with the specific country numbers and further contact information here.
- The Breitling Concierge will verify the original purchase and that the return is being made during the fourteen (14)-day return period, starting from the delivery date.
- Please follow the return instructions indicated by Breitling and include the Breitling Product along with all accessories, the product manual, the certificate of the official Swiss chronometer Institute, the e-Warranty card and all other documents in its original box within the original shipping package.
- If necessary, seal the parcel carefully with adhesive tape and label it with the return label as created by the Breitling Concierge and provided to you in a PDF document. Breitling bears the return shipping costs if the return label created by Breitling is used.
- At the day of pickup, the driver of the delivery company will collect the parcel. You will receive an email confirmation once the parcel is received by the Breitling Service Centre.
Breitling Products must be returned in their original condition, in a new, unused and perfect state, with all protection, tags and stickers attached to them, with the original Breitling box and delivery package, including all accessories and documentation. Breitling will refuse returns if the Breitling Product shows signs of wear or has been used or altered from its original condition in any way. Breitling also reserves the right to deduct from the refunded amount sums to reflect any reduction in the value of the products resulting from the handling of the products by you beyond what is necessary for you to establish that you were provided with the correct product and that it functions correctly.
Breitling will insure the Breitling Product during return shipment to us as long as the Customer follows the instructions provided in Section 7. Otherwise, Breitling is under no obligation to maintain insurance and the safe shipment of any Breitling Product will be at the sole risk and responsibility of the Customer.
The Customer or Gift Recipient is advised to keep a proof of return shipment.
Upon receiving a return, Breitling will verify that the returned Breitling Product satisfies the conditions of the return rules. Breitling will apply a strict quality control. If the products do not meet quality control standards, Breitling will refuse the return, and the Breitling Products will be sent back to the Customer or the Gift Recipient, as applicable. If the returned Breitling Product satisfies the quality control, Breitling will proceed with the applicable refund within 14 days of receipt of the Product.
8. STATUTORY WARRANTY AND BREITLING INTERNATIONAL WARRANTY
8.1 STATUTORY WARRANTY
In accordance with EU law, the Customer is granted a two-year statutory warranty starting on the date of delivery of the Breitling Product. Any longer warranty protection granted under national laws is expressly reserved. The foregoing shall be without prejudice to any statutory rights (including regarding conformity) granted to consumers under their applicable national laws.
Customers domiciled in Sweden are granted a warranty period of three years from delivery.
8.2 BREITLING INTERNATIONAL WARRANTY
In addition to the statutory warranty, Breitling Products are covered by an international manufacturer warranty of Breitling, as specified on our Website at https://www.breitling.com/nl-en/service/international-warranty/, as well as on the accompanying documents of the Breitling Product. The international warranty guarantees that the Breitling Product is free of any manufacturing defect for a period of between 2 and 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 dispatch of the Breitling Product. Any person who has purchased a Breitling Product on the Website or from the Concierge Service can claim cover 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 Centre.
The international warranty shall be without prejudice to any statutory rights (including any warranty claims) granted to consumers under the applicable national legislation.
9. BREITLING PRODUCT WITH A DEFECT
Breitling exercises extreme care to ensure that each Breitling Product complies with our strict quality criteria and that it has passed all technical and aesthetic controls.
Subject to the warranty period specified in Section 8, in order to safeguard the quality of its goods, Breitling will repair or replace any items which it considers to be defective in accordance with the terms set out below.
9.1 PRODUCT VERIFICATION AND NOTIFICATION
As the Customer or the Recipient of the Gift you are advised to verify the Breitling Products on delivery.
- Within fourteen (14) days:
If you, as the Customer or the Recipient of the Gift, notice any damage on delivery or any defect within fourteen (14) days of receipt of the Breitling Product, please notify the Breitling Concierge Service without delay.
- At a later time:
For any damage or defect noticed later, you, as the Customer or the Recipient of the Gift, must inform the Breitling Service Centre using the online form available at the following address or by calling Breitling Concierge Service, that will redirect you to a Breitling Service Centre in your area. You can find a list with the specific country numbers to contact Breitling Concierge Service here.
Products that are damaged as a result of mistreatment (having been dropped or other physical contact) or of unusual wear and tear are not considered to be defective.
9.2 RETURN OF DEFECTIVE PRODUCT
If, within 14 days following receipt of the Breitling Product, you notice that it appears damaged or has any defect whatsoever, please contact Breitling's Concierge Service and then return the Breitling Product to us in accordance with the return process as indicated in section 7.
Should you subsequently notice any defect, please contact our Service Centre, using our online form at the following address or contact us by calling a service number for the country in which you are located, and follow with the return instructions communicated by the Breitling Service Centre. You can find a list with the specific country numbers and further contact information here.
Your statutory right of withdrawal and warranty rights remain unaffected.
9.3 YOUR RIGHTS IN CASE OF DEFECTIVE PRODUCT
Following compliance by you with the relevant process set out in clause 9.1 and 9.2, if your Breitling Product is determined to be defective by Breitling, Breitling will offer you, or the Gift Recipient, one of the following remedies:
- The repair of the Breitling Product at no additional cost to you (including labour costs and spare parts), or
- The replacement of the Breitling Product with an identical Breitling Product in the exact same size, subject to availability, or
- In addition to any of the remedies above, Breitling may offer you the replacement of the Breitling Product with a different 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.
This offer does not limit your statutory right to choose repair of the Breitling Product or replacement of the Breitling Product with an identical Breitling Product, unless the repair results in a manifestly disproportionate cost to Breitling or the replacement is impossible due to the unavailability of replacement product. In that case, Breitling may, at its sole discretion, decide on the most appropriate remedy.
For Breitling Products that have been customized or engraved, the priority will be given, to the possible extent, to repair.
If the subsequent performance (repair or replacement) fails or is unreasonable for you or we refuse the subsequent performance, you are entitled to cancel the contract and claim a refund, or to demand compensation or reimbursement of inevitable expenses. The first sentence shall not deprive you from any additional mandatory remedies provided by applicable law.
Breitling is only liable for damages insofar as Breitling’s liability in accordance with Section 11 cannot be excluded. Warranties given by Breitling (see Section 8) exist alongside claims for defective products.
The following paragraphs of this Section 9.3 are applicable for sales to France only:
By virtue of consumer law, you benefit from a legal guarantee of conformity which gives you the right to obtain, at your choice, the replacement or repair of the nonconforming product, within the limits set by consumer law.
You are informed that you have a period of two (2) years from delivery of the product to take action, and that you are exempt from providing proof of the existence of the product's lack of conformity during the twenty-four (24) months following delivery, except for second-hand goods, this period being reduced to six (6) months.
The legal guarantee of conformity applies independently of any International Warranty granted by Breitling.
In addition, you benefit from a legal warranty against hidden defects, which protects you in case of purchase of a product that has hidden defects that render the product unfit for the use for which it is intended, or that so diminish this use that you would not have purchased this product if you had been aware of them.
You have a period of two (2) years from the discovery of the defect to activate this warranty, which allows you to choose whether to return the product and have the price refunded, or to keep the product and have part of the price refunded.
For any enquiries concerning repairs you are invited to contact our Breitling Authorized Service Centres through our online contact form, which you can find here: www.breitling.com/service/, or directly via our Website in the section [“My watch needs a service”], if available for your country, or by sending an email to a specific service email address for your country or by calling the specific service number for the country in which you are located. You can find a list with the specific country emails and numbers as well as further contact information here.
11. ACCURACY OF PRICING AND PRODUCT 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 Product with the issuance of an order confirmation, indicating the existence of a binding sales contract. If a Breitling Product's correct price is higher than the price posted on our Website, Breitling will inform you of the correct price and conditions and will request you to confirm the purchase on these terms. You are free to reject the purchase offer on the new terms.
Information on the Website or obtained from the Concierge Service is provided on an “as is” and “as available” basis without any representation or endorsement made, and Breitling makes no warranties of any kind, whether express or implied, in relation to such information, or any transaction that may be conducted on the Website or through the Concierge Service including, but not limited to, the implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, reasonable care and skill, or non-infringement. Breitling will not be liable for any damage other than actual, direct damage that can be proven in court.
Breitling will make every effort to ensure that the Breitling Product descriptions, photographs or graphical representations displayed on the Website or in a catalogue are as accurate as possible. Nevertheless, Breitling does not warrant that such materials or other content is error-free, whether as a result of inaccuracy, omission, desuetude or otherwise. Unless otherwise prescribed by national law, the Customer's sole remedy in the event of any such error is to return the product as set forth in the return conditions stated above.
12. GENERAL PROVISIONS
If certain provisions of these Terms of Sale are declared void or partially invalid, the other clauses shall remain unaltered in their force and effect. The invalid provisions are replaced by the applicable legal provisions of Dutch law including those which were not provided for in these Terms of Sale.
Your order, our order confirmation and these Terms of Sale are the complete agreement between you and us in relation to the order of Breitling Products or 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 will not operate and/or be interpreted as a waiver of any other or subsequent breach.
This contract is between us and you. No other person shall have any rights to enforce any of its terms. However, if you purchase a product as a gift, the recipient of your gift will have the benefit of the applicable international warranty.
13. APPLICABLE LAW AND JURISDICTION
These Terms of Sale shall be governed by and construed in accordance with the laws of the Netherlands without reference to any conflict of law provisions. This choice of law will not deprive the Customer, acting as consumer, of the protection afforded to the Customer by provisions that cannot be derogated from by agreement under the laws in its place of residence.
Any dispute, controversy or claim arising out of or in relation to the Terms of Sale, including the validity, invalidity, breach or termination of the Terms of Sale, shall be resolved in accordance with the Terms of Sale.
You may bring proceedings against us either in the court of Amsterdam, the Netherlands or in a competent court of the location where you are domiciled. We may also bring proceedings against you in the courts of your domicile.
Without any restriction to bring proceedings before a court, you and Breitling will first make reasonable efforts for a period of thirty (30) days to resolve amicably any dispute or failure to agree that may arise out of or relate to the Breitling Product, the Terms of Sale or any breach thereof.
14. OTHER IMPORTANT INFORMATION
Breitling is subject to information obligations for e-commerce distance selling contracts, which we will comply with below.
14.1 CONTRACT ACCESSIBILITY
If you have created a customer account before placing your order, your orders and your contractual documents will be saved in this customer account and are available for you to call up and download.
14.2 CONSUMER DISPUTE RESOLUTION
Any complaints about the execution of the contract or a Breitling Product may be submitted to firstname.lastname@example.org, clearly describing the nature of the complaint. Breitling endeavours to process any complaints within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, Breitling will reply within the period of 14 days with a notice of receipt and an indication when the Customer can expect a more detailed answer.
You may also submit your complaint through the online dispute resolution platform (ODR platform) provided by the European Commission for online sales or service contracts between a consumer resident in the European Union and a seller in the European Union. This platform is accessible at the following address: https://webgate.ec.europa.eu/odr/. The use of the platform is neither mandatory, nor a prerequisite for legal action.
Except for the following countries, Breitling does not intend to take part in any procedures before an alternative consumer dispute resolution body.
Only applicable to Customers domiciled in France:
In accordance with provisions of consumer law regarding the amicable settlement of disputes, Breitling has adhered to the mediation services from Centre de mediation et d’Arbitrage de Paris (CMAP), which contact details are the following: Centre de mediation et d’Arbitrage de Paris, 39 avenue Franklin Roosevelt, 75008 Paris ; website : www.mediateur-conso.cmap.fr; Email : email@example.com ; Phone: +33 1 44 95 11 40 . After a prior written request from the consumer to Breitling, the mediation service may be seized for any consumer dispute which would not have been solved. For more information as to the modalities to request the support of the consumer mediator, please see: www.mediateur-conso.cmap.fr.
Only applicable to Customers domiciled in Finland:
Customers making Breitling purchases from Finland also have the right to submit any dispute regarding the contract or a Breitling Product to the Consumer Disputes Board (www.kuluttajariita.fi) for resolution. Before taking the matter to the Consumer Disputes Board, you should contact the Consumer Advisory Service (www.kuluttajaneuvonta.fi).
Only applicable to Customers domiciled in Belgium:
Belgian Customers also have the right to submit any dispute regarding the execution of the contract or a Breitling Product to an alternative dispute resolution: the Consumer Ombudsman Service (North Gate II, Koning Albert II-laan 8 Bus 1 1000 Brussels, tel: 02 702 52 00, firstname.lastname@example.org, www.consumentenombudsdienst.be/nl).
Breitling Europe B.V., 8th of July 2021