ONLINE BOUTIQUE Conditions of sale Terms of use Privacy policy CONDITIONS OF SALE: BREITLING.COM & TELEPHONE ORDERS THROUGH CUSTOMER SERVICE 1. GENERAL The following terms and conditions (“Conditions of Sale”) are adopted by Breitling USA Inc. A corporation organized under the laws of Connecticut and having its corporate headquarters at Hangar 7, 206 Danbury Road, Wilton, CT. 06897. These Conditions of Sale are made available as provided on this Website and shall apply to all sales of products that you (the “Customer”) may order from Breitling USA, Inc., (“Breitling” or referred to as “we”) either (a) by phone to Breitling Customer Service at (203) 762-1180 or (b) on Breitling’s Website, at: “www.breitling.com” (the “Website”). These Conditions of Sale apply only to sales made through this website or through Breitling Customer Service. Sales conducted through Breitling retail boutiques are not subject to these Conditions of Sale. The Conditions of Sale applicable to any order placed through this website are those in force at the time that an order is placed. When you check the “I Accept” box at the order confirmation section of the website, you indicate your acceptance of these Conditions of Sale. If you refuse to accept these Conditions of Sale, you will not be permitted to order products from the Website. Breitling may modify the Conditions of Sale from time to time, within its independent discretion. If you are placing an order through the Website, then by checking the “I Accept” box and placing your order, you will be agreeing to be bound by the Conditions of Sale as may be modified from time to time. 2. ELIGIBILITY TO PURCHASE Only individuals who (a) have reached the age of majority (eighteen in most states), (b) are citizens or residents living in the continental United States of America, Alaska, Hawaii or the District of Columbia may order products through the Website. If you are under the age of majority or otherwise unable lawfully to enter into a contract, you must have your parent or guardian place an order on your behalf and agree to these Conditions of Sale. Any orders placed in violation of this provision shall be null and void. By placing an order through the Website, you represent that you are a true end-user of the product and will not deliver, sell or otherwise distribute Breitling products or purchase Breitling products for commercial purposes. If Breitling believes, in its sole discretion, that an order would violate the terms of the preceding sentence or that Customer is engaging in purchasing goods for re-sale, then Breitling may refuse such order. 3. PRODUCT AVAILABILITY & ALLOWABLE QUANTITY All orders placed through the website are subject to availability and acceptance by Breitling. Breitling reserves the right to change the assortment of items on the website and may limit from time to time the quantity of products that may be ordered by a Customer in a single buying session. Currently, orders may not exceed five (5) timepieces. The product pages of the website can provide you with information regarding products that are currently available for sale. You may also call the Customer Service Center (203) 762-1180 and a Breitling representative will provide you with further information as to product availability and assist you with your order. 4. ACCOUNT REGISTRATION; PERSONAL INFORMATION; GUEST CHECKOUT In order to place an order through the website, you must register and create an online account on the website. In order to register an online account you will be required to provide correct personal information including your name, phone number, e-mail address, and confirm that you have reached the age of majority. Please refer to our Privacy Policy for more details about how we may use your personal information. Should any of the information you provide change, please log in to your account and update such information directly on the website, inform Customer Service or notify Breitling at the following e-mail address: eboutique@breitlingusa.com. Moreover, in the event that Breitling believes that a third party may have breached your registration, password and/or account login, Breitling shall suspend or terminate the account and notify you by email or telephone. 5. ORDERS If you are ordering on the website, orders will be processed as follows: Once you have chosen a product, click on the “Add to Your Order” button to place this product in your shopping bag. You may then decide to continue shopping for other products and add them to your order or proceed to “checkout” by clicking on this button. You may also remove one or several products you have selected by clicking on "Delete" next to the chosen product in the order. When you have finished please review your order, check the box next to “I accept” to indicate your agreement to be bound by these Conditions of Sale, then click on the "Confirm order" button on the website to complete and finalize your order. When placing an order through the website, you will be required to provide other personal information, including: shipping address, billing address and payment details. You warrant that all personal information given to Breitling is correct. Breitling or its third party providers may collect additional information for security and anti-fraud purposes. At any time, Breitling reserves the right to refuse, cancel and terminate orders. For example, Breitling may refuse, terminate or cancel your order if there is an ongoing dispute concerning payment of a prior order or if Breitling suspects, in its sole discretion or have otherwise violated these Conditions of Sale. 6. PRICES, TAX AND SHIPPING COSTS All prices shown on the product pages of the website are in U.S. Dollars. Breitling reserves the right to modify prices and delivery costs at any time without prior notice. The price of a product and delivery costs displayed on the website or quoted by the Customer Contact Center, at the time Breitling provides you with a Confirmation of Order, will be honored by Breitling. Actual shipping costs and any applicable sales & use taxes will be reflected on your order page before you are asked to confirm and place your order (in the case of a website order), and will also appear on your Confirmation of Order and invoice (if you choose to receive an invoice). Delivery costs, if any, are described in the shipping policy set forth below. Sales and use taxes will vary based on the location to which products are being shipped. Delivery costs and sales and use taxes are not stated on the product pages but will be added to the product price after you have chosen your delivery options. The actual sales tax associated with your purchase will be calculated at the time your order is to be shipped, at which point you will receive a Confirmation of Order. 7. REVIEW & CONFIRMATION You should carefully check all details before placing your order through the website, including without limitation the particulars of each sale, which will be provided to you at check-out on the website. 8. PAYMENT BY CREDIT CARD Breitling accepts the following credit cards: Visa, MasterCard, American Express, and Discover. Cards issued by banks domiciled outside the United States of America will not be accepted. When ordering on the website, you will need to enter your payment details on the appropriate form. All credit/debit card holders are subject to validation and authorization by the issuer of the card. If the issuer of your card refuses to authorize payment to Breitling, you will need to contact your card issuer directly to solve this problem, and Breitling will not be liable for any delay or non-delivery. In order to process your order, we, PayPal or a third party credit card processor, may perform a pre-authorization of your credit card. 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 and your credit card will be charged the purchase price plus any taxes and shipping. By submitting an offer to purchase products on the Breitling website, you expressly authorize Breitling, PayPal or a third party credit card processor, to perform such credit card pre-authorization and, where Breitling deems necessary, to transmit or to obtain information (including any updated information) about you to or from third parties from time to time, 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. Breitling takes precautions — including administrative, technical, and physical measures — to safeguard your personal information against loss, theft, and misuse, as well as against unauthorized access, disclosure, alteration, and destruction. Breitling uses Secure Sockets Layer (SSL) encryption on all web pages where personal information is collected. Unfortunately, transmitting information over the Internet is not completely secure. Although we will do our best to protect your personal information, we cannot guarantee the security of the data you transmit to the website. Therefore, any transmission is at your own risk and Breitling cannot be held liable. For more information about how we use and protect your information please view our Privacy Policy. In order to secure your transaction and prevent fraud, Breitling will perform a credit card and anti-fraud check. By placing your order, you will be deemed to have authorized Breitling or its credit card processor, to perform such checks and, where Breitling deems necessary, from time to time to transmit or obtain information that you have provided to Breitling about you in order to authenticate your identity, to validate your credit card, to obtain an initial credit card authorization and to authorize a particular purchase transaction. 9. ACKNOWLEDGEMENT OF ORDER Once you have placed your order through the Customer Contact Center or on the website, you will receive an Acknowledgement of Order by fax or email confirming the details of your order. This Acknowledgement of Order will contain an Order Number created by Breitling. Please make sure that you save this Order Number for future enquiries. This Acknowledgement of Order is not an acceptance of your order. Following the transmission of the Acknowledgement of Order, Breitling will conduct its security and anti-fraud checks and then process your order. 10. CONFIRMATION OF ORDER Upon shipment of your order, following completion by Breitling of its anti-fraud and security checks, Breitling will send you by email the Confirmation of Order which will constitute the acceptance of your order by Breitling and indicate the existence of a final and binding sales contract. 11. BRACELET ADJUSTMENT Bracelet adjustment is available on certain watches. If you require a watch bracelet adjustment, the removed links will be returned to you and included in the delivery package. 12. DELIVERY OPTIONS We only accept orders for delivery to addresses in the continental United States, District of Columbia, Alaska & Hawaii. Please note that Breitling does not ship to Post Office boxes, military addresses or to hotels. In addition, in specific areas, we offer the option of having the watch delivered to a nearby authorized Breitling dealer location of your choice so that the functions of your timepiece can be explained by a trained professional and for the bracelet to be sized to your wrist. When you pick up your watch, please bring a copy of the online receipt and an official identification such as a driver’s license or passport. 13. SHIPPING POLICY We will use reasonable efforts to ensure the following estimated delivery times from the date of your order if product is available: Once payment is cleared, overnight delivery shall be made if order is completed prior to 2 pm Eastern Time Monday through Friday (excluding Breitling designated holidays and/or closings for any reason) and will be free of charge. Please note that in exceptional cases, express delivery may be delayed if you have requested bracelet adjustment or engraving. In such cases, the Customer Contact Center will contact you to propose other arrangements. Each delivery package will contain, in addition to your purchased product: (i) all accessories, if any, (ii) a thank you card; (iii) the document holder including the Product Manual, as applicable, and the Certificate of Authenticity and Warranty Card; (iv) These Conditions of Sale; (v) the return form and pre-paid return label; and (vi) the packing slip without price. When ordering products on the website, you, will have the option to choose whether you wish to receive an invoice to your billing address by regular mail, unless you instruct us otherwise. Breitling insures purchases during the time they are in transit until they are delivered to you. We require a signature by an adult to confirm your acceptance of each product delivered, at which point, responsibility for your purchased goods passes to you. If you have specified a recipient who is not you for delivery purposes (for example as a gift) then you understand and accept that evidence of a signature by such recipient (or at that delivery address) shall be evidence of delivery and fulfillment of the sale by Breitling and transfer of responsibility to the recipient in the same way as if the product had been delivered to you. 14. NO RETURNS FOR WEBSITE PURCHASES 14.1 NO RETURN—EXCHANGE-ONLY POLICY FOR WEBSITE PURCHASES We do not accept returns for cash unless the item you purchased is defective (see below). However, we will allow you to exchange products purchased on the website for a merchandise credit so long as the item is returned within thirty (30) days following receipt, but subject to the further terms and conditions set forth below. 14.2 MANDATORY PROCEDURES TO RETURN A PRODUCT TO BREITLING If a Customer or Gift Recipient wishes to exchange a product, then such person must comply with the following steps: i) Call the Customer Contact Center at (203) 762-1180 to request a Return Authorization Number. This number is required prior to returning any product to Breitling, ii) Fill out the required information, list the applicable Return Authorization Number on the return form and sign it, iii) Include the completed return form with the product, all its accessories, the Product Manual, the Certificate of Authenticity, the Warranty Card and all other documents, in its original box and delivery package, in order to receive full credit. iv) Seal the delivery package and affix the pre-paid delivery label to it, v) Bring the package to any FedEx location or call FedEx to arrange pick-up. vi) Charges will apply if all contents are not returned and you shall be responsible for the cost of insuring and shipping the product (unless it is found to be defective) back to Breitling. Should the Customer or Gift Recipient decide to exchange or return a defective item within the 30-day period, Breitling and Customer, agree that Breitling maintains an interest in protecting the merchandise and will therefore purchase insurance on the returned merchandise. Breitling is under no obligation to do so but will take this initiative for the Customer's convenience so long as you comply with the above procedures. The Customer must keep a proof of return shipment and Breitling accepts no liability in the event that such proof cannot be produced. Only merchandise received by Breitling, at the address below, will be eligible for an exchange or refund if found to be defective: BUSA Inc., 206 Danbury Road, Wilton, CT 06897. Upon receiving a watch for exchange, Breitling will verify that the product satisfies the conditions to permit an exchange and, if so, will then proceed with the applicable exchange. In order to accept an exchange, a Breitling product must be returned in the exact same condition as received by the Customer, (new and unused condition) with packaging in the same condition in which the item was received, with all protective materials in place and tags and stickers attached to them. Breitling will not accept any exchange if the product shows signs of wear, or has been used or altered from its original condition in any way. Engraved or embossed products cannot be returned for exchange or 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. All watches returned for exchange shall be subject to strict inspection by Breitling to ensure that the returned products satisfy these requirements. If the products do not satisfy the above standards, Breitling will refuse the exchange, and the products will be sent back to the Customer. If the product satisfies the above requirements, Breitling will proceed with the exchange. 14.3. MERCHANDISE CREDIT ISSUED FOR RETURNED MERCHANDISE Except for delivery of a defective product, initial shipping charges will not be refunded to the Customer. In the case of a return to Breitling’s distribution center which satisfies the above conditions, Breitling will use best efforts to issue a merchandise credit to the Customer no later than fourteen (14) days after receipt of the returned item by Breitling. Please note that a Customer may not exchange a product purchased online to a Breitling retail boutique and no merchandise credit can be issued. Boutique merchandise credits can only be applied to products purchased in a retail boutique and cannot be applied to products purchased through the website. 14.4. PROCESSING OF EXCHANGED MERCHANDISE BY BREITLING Customers and Gift Recipients may be permitted to exchange a product purchased on the website for another Breitling product if the product to be exchanged satisfies the conditions of the above policy in 14.2. Breitling will send an invoice to the Customer which specifies the value of the returned product, the price of the item for which the original product has been exchanged and the difference to be paid by Customer or the amount that the Customer is entitled to receive, as indicated below. Should a product be returned for exchange to the Breitling distribution center by a Customer, the Customer will be entitled to receive a refund of the price difference if the product to be exchanged is more expensive than the desired Breitling product. A Gift Recipient who instead chooses to proceed through the distribution center should follow the procedures set forth in the above described return process. 14.5. DEFECTIVE PRODUCTS Breitling exercises caution in ensuring that its products strictly comply with our quality criteria and that they have passed all our controls, both technical and aesthetic. If nevertheless you receive a product, which seems to be damaged, you may return it to Breitling in accordance with the exchange policy. Upon receipt, Breitling may classify the returned product as defective. Please note that items that are damaged as a result of wear and tear are not considered to be defective. If your product is declared as defective by Breitling, the following solutions will be proposed to the Customer: i) Breitling will send you the same product in the exact same size, subject to availability, ii) Breitling will propose an exchange for another Breitling product if 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 iii) You may request a refund of the full price of your initial purchase but only for a product that is found to be defective by Breitling. 15. REPAIRS For any repair inquiries, please contact Customer Service at (203) 762-1180 or go to http://www.breitling.com/en/service/. 16. GIFTS If you purchase a Breitling product as a gift for a Gift Recipient, you will have the option to choose whether you wish to receive an invoice. If you choose to receive an invoice, Breitling will send such invoice to your billing address by regular mail. 17. ACCURACY OF PRICING, PRODUCT DESCRIPTIONS WHILE BREITLING ENDEAVOURS TO VERIFY THE ACCURACY OF ANY INFORMATION IT PLACES ON THE WEBSITE, OR IN ADVERTISEMENT, IT MAKES NO WARRANTIES, WHETHER EXPRESS OR IMPLIED, IN RELATION TO THE ACCURACY, RELIABILTY AND COMPLETENESS OF SUCH INFORMATION. BREITLING DOES NOT CONFIRM THE PRICE OF A BREITLING PRODUCT UNTIL A CONFIRMATION OF ORDER HAS BEEN ISSUED BY BREITLING, INDICATING THE EXISTENCE OF A BINDING SALES CONTRACT. IF A BREITLING PRODUCT’S CORRECT PRICE IS HIGHER THAN THE PRICE POSTED ON OUR WEBSITE, THEN BREITLING WILL EITHER CONTACT THE CUSTOMER FOR INSTRUCTIONS BEFORE SHIPPING THE ORDER OR CANCEL THE ORDER AND NOTIFY YOU OF SUCH CANCELLATION. WHILE EVERY EFFORT WILL BE MADE TO ENSURE THAT THE DESCRIPTIONS, PHOTOGRAPHS OR GRAPHICAL REPRESENTATIONS OF THE BREITLING PRODUCTS DISPLAYED ON THE WEBSITE OR IN A CATALOG ARE AS ACCURATE AS POSSIBLE, BREITLING DOES NOT WARRANT THAT SUCH MATERIALS OR OTHER CONTENT IS ERROR-FREE, WHETHER AS A RESULT OF INACCURACY, OMISSION, OBSOLESCENCE OR OTHERWISE. ACCORDINGLY, THE CUSTOMER’S SOLE REMEDY IN THE EVENT OF ANY SUCH ERROR IS TO RETURN THE PRODUCT AS SET FORTH IN OUR RETURN POLICY. 18. ENTIRE AGREEMENT The Conditions of Sale (as amended from time to time), including policies incorporated herein (e.g., Privacy Policy) constitute the entire agreement between you and Breitling regarding your purchase of Breitling products through the website, and supersede any prior Conditions of Sale or any other agreement or understanding, arrangements, undertaking or proposal, written or oral, between you and Breitling in relation to such matters. No oral representation or agreement given by any party shall alter these Conditions of Sale. No other policy, including policies for in-store purchases, shall be applicable to website purchases. 19. NO WAIVER No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision. 20. GOVERNING LAW The Conditions of Sale shall be governed by and construed in accordance with the laws of the State of Connecticut, without reference to conflict of law’s provisions. Any dispute, controversy or claim arising out of or in relation to the Conditions of Sale, including the validity, invalidity, breach or termination thereof or any Breitling product purchased through the website will be resolved by the courts of the state of Connecticut in Fairfield County, except that a Customer may assert claims in small claims court if your claims qualify. Last Revised: March, 2015