Conditions of sale

Conditions of sale

1. APPLICABILITY

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

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

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

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

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

2. ORDERING BREITLING PRODUCTS

2.1 ELIGIBILITY TO PURCHASE OUR PRODUCTS

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

By placing an order on the Website or through the Customer Relation Service, you guarantee that you are purchasing the products in good faith and will not purchase, deliver, sell or otherwise distribute Breitling products for commercial purposes or for any commercial benefit. Breitling may refuse the order if it believes, in its sole discretion, that an order would contravene this statement or that you are involved in fraudulent or grey market activities.

2.2 AVAILABILITY OF OUR PRODUCTS

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

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

2.3 CREATING AN ACCOUNT OR USING THE GUEST CHECKOUT

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

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

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

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

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

You are responsible to inform us of any change in your personal information. Please login to your account and update such information directly on the Website or inform the Customer Relation Service or notify Breitling at the following e-mail address: info.us@breitling.com. Should Breitling reasonably suspect that a third party has breached a customer's account or has misused a customer account credentials, Breitling shall immediately cancel and terminate such account and contact you by other means (e.g. via email or phone).

2.4 PROCESSING YOUR ORDERS

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

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

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

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

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

2.5 ORDER CONFIRMATION

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

2.6 ORDER ACKNOWLEDGMENT

Breitling will send you an order acknowledgement by email, once you have placed your order on the Website or through the Breitling Customer Relation Associate, acknowledging the details of your order. This order acknowledgment contains an order number assigned by Breitling that you can use for future enquiries regarding your order. This order acknowledgement does not constitute acceptance of your order.

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

2.7 ORDER APPROVAL

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

2.8 ORDER CONFIRMATION

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

3. PAYMENT

3.1 INFORMATION ABOUT PRICES, TAX AND DELIVERY COSTS

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

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

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

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

Sales and use taxes many vary based on the location to which products are being shipped; they are calculated at the time when your order is shipped. Note that changes to applicable law between the date your order is placed and the date the product is shipped may occur. We will contact you and ask that you reconfirm your purchase if the resulting change is an increase in the sales tax you are charged.

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

3.2 PAYMENT METHODS

3.2.1 PAYMENT BY CREDIT CARD

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

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

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

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

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

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

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

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

3.2.2 PAYMENT BY PAYPAL

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

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

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

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

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

See www.affirm.com for details.

4. COURTESY OF BREITLING

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

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

5. HIPPING AND DELIVERY

5.1 DELIVERY TIMES

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

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

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

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

If you wish to select a specific delivery date, contact our Customer Relation Service. The delivery time shall be no sooner than overnight delivery or later than 30 days from the date of your order. You may also select the option to receive an email notification with the tracking information related to the delivery of goods.

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

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

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

5.2 RECEPTION AND VERIFICATION OF THE GOODS

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

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

6. RETURNS

6.1 TIMEFRAME TO RETURN BREITLING PRODUCTS

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

6.2 PROCESS TO RETURN BREITLING PRODUCTS

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

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

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

Importance Notice:

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

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

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

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

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

6.3 EXCEPTIONS TO THE RETURN OF A PRODUCT

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

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

6.4 BREITLING PRODUCT WITH A DEFECT

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

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

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

we send you the same product in the exact same size, subject to availability,
we replace the product with another Breitling product of equivalent or higher value, in which case the initial price will be deducted and you will be required to pay only the difference, or
you, as the Customer, may request a full or partial refund of your initial purchase.

7. REPAIRS BY BREITLING

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

8. ACCURACY OF PRICING AND PRODUCT DESCRIPTIONS

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

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

Information on the Website or obtained from the Customer Relation Service is provided on an "as is" and "as available" basis without any representation or endorsement made, and Breitling makes no warranties of any kind, whether express or implied, in relation to such information, or any transaction that may be conducted on the Website or through the Customer Relation Service including, but not limited to, the implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, reasonable care and skill, or non-infringement, in no event will Breitling be liable for damages other than actual direct damages proven in court of law.

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

9. ENTIRE AGREEMENT

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

10. NO WAIVER

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

11. GOVERNING LAW; ARBITRATION OF CLAIMS

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

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

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

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

Last Revised: October 10, 2018

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