TERMS & CONDITIONS OF SALE FOR E-BOUTIQUE AND CONCIERGE SERVICES OF BREITLING CANADA

TERMS & CONDITIONS OF SALE FOR E-BOUTIQUE AND CONCIERGE SERVICES OF BREITLING CANADA

WELCOME TO OUR E-BOUTIQUE

1. APPLICABILITY

The following conditions and any other related terms made available as provided herein (the "Conditions of Sale") shall apply to all sales of Breitling Products that you (also referred to as the "Customer") may order from Breitling Canada Inc, 250 Bloor St. East, Suite 101, Toronto, ON M4W 1E6 (referred to as “us”, “our”, “we” or “Breitling”) either (a) on the Internet via Breitling's Website, under the URL "http://www.breitling.com/ca-en" (referred to as the "Website") or (b) via the Concierge Service of Breitling (referred to as the "Concierge Service") which can be contacted by phone: (1-877-546-1884) or by email at: info.ca@breitling.com.

These Conditions of Sale apply solely to sales made online through the Website or the Concierge Service, by customers who have a shipping address in Canada. These Conditions of Sale do not apply to sales conducted through Breitling retail boutiques and/or through authorized retailers.

When you place an order and click on “CONFIRM MY ORDER AND PAY” at the payment section of the checkout, you acknowledge that you have read and accepted the Conditions of Sale and you indicate your acceptance of these Conditions of Sale. If you refuse to accept these Conditions of Sale, you will not be able to order any Breitling Products from the Website or the Concierge Service.

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

From time to time, Breitling may amend these 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 Conditions of Sale, you should contact the Concierge Service to stop your interaction with us and refrain from making any online order of Breitling Products through the Website or the Concierge Service.

2. ORDERING BREITLING PRODUCTS

2.1 ELIGIBILITY TO PURCHASE OUR BREITLING PRODUCTS

Individuals ordering Breitling Products on the Website or through the Concierge Service must (a) have reached the age of eighteen (18) years old, (b) have legal capacity to enter into contracts and (c) have a shipping address in Canada. Only individual consumers are eligible to purchase Breitling Products on this Website. If you are under the age of eighteen (18) years old 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 Conditions of Sale. Any orders contrary to this provision will be null and void.

By placing an order on the Website or through the Concierge Service, you guarantee that you are purchasing the Product(s) in good faith and will not purchase, deliver, sell or otherwise distribute Breitling Product(s) 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. Breitling Product(s) may be purchased for yourself or for the benefit of another individual to whom you are making a gift (referred to as “Gift Recipient”).

2.2 PRODUCT AVAILABILITY

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

You will find information regarding Breitling Products that are currently available for sale on the dedicated product pages of the Website or through our Concierge Service, (1-877-546-1884) who will be pleased to 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 Concierge Service, you, or the Breitling Concierge 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 family name, first name, home address, phone number, email address, and to confirm that you have reached eighteen (18) years old.

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 Concierge, you will receive an email inviting you to activate your account. 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.

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 e-mail address: info.ca@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 Breitling Product on the Website, click on the "add to bag" button to place this product in your shopping bag. You may continue shopping for other products and add them to your shopping bag (subject to availability and quantity limits) or proceed to "checkout" by clicking on this button. You may also remove one or several Breitling Products you have selected by clicking "X" next to the chosen product in the shopping bag.

Please carefully review your order on the “Review Order” section of the checkout and click on “CONTINUE TO PAYMENT”. Once your payment details entered, you can finalize the order by clicking “CONFIRM MY ORDER AND PAY”, thus acknowledging that you have read and accepted the Breitling Conditions of Sale and Privacy Policy.

If you prefer to place an order by telephone through the Concierge Service (1-877-546-1884), the Breitling Concierge will complete the order process on your behalf. Any enquiries and questions may also be directed per email to the Concierge Service: info.ca@breitling.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 and payment details. You confirm that all personal information given to Breitling is true and accurate. Breitling or its third-party providers may collect additional information at this time for security and anti-fraud purposes.

Notwithstanding anything to the contrary 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 Conditions 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, the Breitling Concierge 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 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 does not constitute acceptance of your order by Breitling, nor create a contract between you and us.

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

2.7 ORDER APPROVAL AND CONFIRMATION

Following completion by Breitling of its anti-fraud, security and related legal checks and subject to product availability, Breitling will prepare your selected Breitling Product(s) for shipment and send you by email a written order confirmation. The order confirmation constitutes the acceptance of your order by Breitling and forms a binding sales contract between you and Breitling.

2.8 ORDER SHIPMENT

Upon shipment of your order, Breitling will send you a notice by email that the Breitling Product(s) are being shipped and delivered to the address that you have indicated in your order. The invoice of your purchase will be attached to this notice in PDF format.

2.9 PRE-ORDER

For specific Products, Breitling offers the possibility of pre-ordering (Pre-order). Pre-ordering a Product means that you are reserving and paying a deposit for a Product that will be available on a future date. The Pre-order possibility is expressly mentioned on the Product webpage of each concerned Product.

Pre-orders are subject to these terms and Conditions of Sales with the following amendments or additions:

  1. 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.
  2. The presentation of Breitling Products on the Breitling website constitutes a binding offer by Breitling to sell the Breitling Product. Any offer of limited edition Product is limited in time.
  3. By sending a Pre-order, you accept the above-mentioned offer from Breitling and establishes a binding contract between you and Breitling.
  4. Upon sending the Pre-order, a deposit of 30% of the sales price (including GST) must be paid immediately. Placing a Pre-order deposit provides you a priority access as soon as the Product becomes available.
  5. When the Product is available for shipment, Breitling will inform you by e-mail with instructions on how to pay the remaining amount due.
  6. Payment for the remaining amount of your Pre-order will usually be requested 7 working days before the Product is expected to be shipped.
  7. The Product will only be shipped after the full payment is received.
  8. If the Product you have ordered is not available, Breitling will inform you immediately by e-mail about the cancellation of the sales contract and the deposit paid at the time of the Pre-order will be refunded without delay to your credit card or PAYPAL account.
  9. You will not be entitled to any compensation or remedy in case of cancellation by Breitling of your Pre-order, whatever the reason.

2.9.1 AVAILABILITY

Please do not hesitate to contact Breitling Concierge Service for an update as to the status of your order and be sure to check your email inbox and junk mail as we send out update notifications.

Contact for Canada info.ca@breitling.com; by phone (1-877-546-1884)

2.9.2 CANCELLATION PRIOR TO DISPATCH OF PRODUCTS

If you wish to cancel your pre-order at any time prior to Breitling sending the notification that the watch is ready to ship, please contact Breitling Concierge Service and we will be happy to process a full refund of your deposit.

After your order is shipped, any returns will be subject to Breitling’s online return policy as described below (see clause 6).

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 Concierge Service are in Canadian dollars and exclude shipping costs and applicable sales taxes unless otherwise stated.

Actual delivery costs and applicable sales 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).

Note that changes to applicable law related to sales taxes may occur between the date your order is placed and the date the product is shipped. 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.

Breitling reserves the right to change or adapt prices and shipping costs at any time without prior notice on the Website. If the price of a 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 and to take instruction from you as to whether you still wish to proceed with the order.

Such delivery costs and taxes will be indicated on your order confirmation email and on your invoice. 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. CREDIT / DEBIT CARDS

Payment must be made before the shipment of the Breitling Products, by credit or debit card (Visa, Mastercard, AMERICAN EXPRESS, JCB, Discover) and PAYPAL.

For Website orders, you will need to enter your payment details in 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 Concierge Service, you will not need to communicate your credit or debit card number to anyone, you will receive an email to complete the payment on your side.

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

The full amount of the Purchase Price will be reserved on your credit or debit 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.

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.

3.2.2 PAYMENT BY PAYPAL

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

4. COURTESY OF BREITLING – COMPLIMENTARY SERVICES

Breitling is also offering to its Customers the following Complimentary Services free of charge. The following services can be selected during the checkout process:

  1. Delivery of a Breitling box with gift wrap: your Breitling Product will be delivered to you in an attractive wrapped Breitling box.
  2. Adjustment of the bracelet is available on certain watch models. When this option is available, indicate the size of your wrist in millimeters on our Website or provide this information to our Concierge Service. Note that customized or engraved Breitling Products cannot be returned to Breitling for a refund.
  3. 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.
  4. Personalize your offer with a gift note: You may add a note that will be printed by Breitling on a gift card and included in your order shipment.

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 endeavor 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.  Events or circumstances beyond our control, including local, regional or worldwide events, may impact or delay our ability to meet the above timeframes.

All orders made through https://www.breitling.com/ca-en/ or through the Concierge Service at (1-877-546-1884) are limited to being delivered to an address in Canada.

You, as the Customer, must provide to Breitling a delivery address in Canada.

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 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.

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 company UPS.

5.2. RECEPTION AND VERIFICATION OF THE BREITLING PRODUCTS

We require the collection of a signature from an individual who is 18 years old or over to confirm your receipt of each Breitling Product delivered, at which point responsibility for the purchased Breitling Products 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 required to verify the quantity and condition of the Breitling Products 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. Please also notify Breitling Concierge Service immediately at the following address: info.ca@breitling.com or by calling the following number: (1-877-546-1884).

6. RIGHT TO CANCEL THE CONTRACT FOR CHANGE OF MIND

6.1. INSTRUCTIONS

You have the right to cancel the contract created by our written order confirmation without giving any reason, thirty (30) 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, subject to the further conditions set forth below.

To cancel the contract and return your Breitling Product(s), you must contact our Concierge Service via phone at (1-877-546-1884) and follow the instructions that will be given to you, or send us a clear statement, for example by sending an e-mail to us at (info.ca@breitling.com).

Clause 7.1 (below) sets out important information about your right to cancel for change of mind.

6.2. EXCEPTIONS TO THE RIGHT TO CANCEL

The right to cancel does not apply to Breitling Products that have been customized or engraved, which cannot be returned to Breitling for refund, unless the product fails to meet a consumer guarantee under the Australian Consumer Law.

7. RETURNS FOR CHANGE OF MIND

A Customer or Gift Recipient may return Breitling products under clause 6 (above) in accordance with Breitling return rules set out in this clause 7, bearing in mind that only a Customer will be entitled to receive a refund and not a Gift Recipient. Returns that do not respect the conditions and timeframes set forth in clause 7.1 may be refused by Breitling and may be sent back to the Customer or Gift Recipient, as the case may be, to the respective shipping address of the initial Breitling Product order.

7.1 PROCESS TO RETURN BREITLING PRODUCTS FOR CHANGE OF MIND

Only Breitling Products that have been purchased on the Website or through the Concierge Service may be returned to Breitling - and exclusively to the address indicated below, following these procedures.

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

  1. Notify the Breitling Concierge to request a return via phone at (1-877-546-1884).
  2. The Breitling Concierge will verify the original purchase and that the return is being made during the thirty (30) days return period, starting from the Product delivery date.
  3. The Breitling Concierge will organize a pick-up at your address with Breitling's preferred logistics partner (UPS).
  4. 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.
  5. Seal the package carefully with additional adhesive tape if necessary and label the package appropriately including the return label generated and sent via email as PDF by the Breitling Concierge (Breitling will bear the return costs, if the return label generated by the Breitling Concierge is being used).
  6. At the day of pickup, the (UPS) delivery driver will collect the parcel. If you are not available, the (UPS) delivery driver will leave the shipping label in your mailbox and you can drop the parcel at any (UPS) Access Point.

When Breitling receives the returned package at its Customer Service Centre, an email will be sent to you.

Important 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 Breitling Product shows signs of wear or has been used or altered from its original condition in any way.

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.

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.

When the Customer or Gift Recipient decides to return a purchased Breitling Product within the thirty (30) days period, and uses the return label provided by Breitling, then we will insure the products during return shipment to us. 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 must keep a proof of return shipment and Breitling accepts no liability if such proof cannot be produced. Refunds are eligible only for merchandise returned to the address provided to you by us or printed on the return label provided by the Breitling Concierge.

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.

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 pay the refunded amount using the same means of payment as you used to purchase the products (unless we have agreed otherwise with you). We will use reasonable efforts to make the refund no later than fourteen (14) days after receipt of the returned item by Breitling Customer Service Centre.

8. INTERNATIONAL WARRANTY

Breitling Products are covered by the applicable legal guarantee and our international warranty, as specified under the conditions mentioned on our website, as well as on the documents accompanying the Breitling Product. The international warranty guarantees the Breitling Product against any manufacturing defect for a period of between 2 and 5 years and takes effect from the date of purchase of the Breitling Product.  The electronic international warranty card is activated at the time of the sale at distance.

Any person who has purchased a Breitling Product on the "https://www.breitling.com/ca-en" 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 center.

9. BREITLING PRODUCT WITH A DEFECT

Breitling exercises extreme care to ensure that each Breitling Product strictly 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 stand behind 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 required to verify the condition of your Breitling Product on delivery in accordance with clause 5.2 (above),

- Within thirty (30) days:

If, as the Customer or the Recipient of the Gift, you notice any damage on delivery or any defect within thirty (30) days following the receipt of the Product, please notify the Breitling Concierge Service without delay at the following address:  (info.ca@breitling.com) or by phone (1-877-546-1884).

- 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 Authorized Service Centers. Please refer to the section “My watch needs a service” of our Website to find your nearest Service Center.

Failure to comply with the above may void your right to make a claim under this defects policy.

9.2 PROCESS FOR RETURN OF DEFECTIVE PRODUCT

If, within thirty (30) days following receipt of the Breitling Product, you notice that the Product appears damaged or has any defect whatsoever, please contact Breitling's Concierge Service at the following address (info.ca@breitling.com) or by calling the following number (1-877-546-1884) and then return the Product to us in accordance with the return process as indicated in section 7.1.(with the exception of the requirements mentioned under “Important notice”).

Should you notice any apparent defect or damage at any time after thirty (30) days following the receipt of your Breitling Product, then please contact your nearest Breitling Authorized Service Center, which can be found under the section “My watch needs a service” of our Website, and follow the return rules communicated by the Breitling Service Centre.

9.3 REMEDIES FOR 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 offers you, or the Gift Recipient, one of the following remedies:

  • The repair of the Product at no additional cost to you (including labor costs and spare parts), or
  • The replacement of the Product with an identical Breitling Product in the exact same size, subject to availability, or
  • The replacement of the 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, or

If the repair results in a manifestly disproportionate cost to Breitling or the replacement is impossible due to the unavailability of replacement Product, Breitling may, at its sole discretion, decide on the most appropriate remedy.

In case of major failure, and subject to disproportionate cost or impossibility for Breitling, you, as the Client or the Gift Recipient, you have the right to claim a price reduction or to cancel the contract and claim a refund.

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.

10. REPAIR

You are invited to contact the Concierge Service for any enquiries concerning repairs or refer to the section “My watch needs a service” of our Website. Please contact us by emailing info.ca@breitling.com or by calling (1-877-546-1884).

11. ACCURACY OF PRICING AND PRODUCT DESCRIPTIONS

While Breitling endeavors 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, whether expressed 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 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 Customer 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 Customer 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 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. The Customer's sole remedy in the event of any such error is to return the Breitling Product as set forth in the return conditions stated above.

12. GENERAL PROVISIONS

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.

If certain provisions of these Conditions 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 Canadian law including that which is not provided for in these Conditions of Sale.

Without limiting the scope of these Conditions of Sale, no request whatsoever concerning delivered products, the non-delivery of products or any other request may exceed the amount of the purchase price of the Product(s) which led to a claim for damages. In no event shall Breitling be held liable for losses not foreseeable by both parties when the contract was formed or losses not caused by Breitling of any kind arising in connection with its Products, their use, their sale or this Website.

The waiver by us of a breach of any provision of these Conditions of Sale will not operate and/or be interpreted as a waiver of any other or subsequent breach.

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 Gift Recipient will have the benefit of the applicable international warranty.

13. APPLICABLE LAW AND JURISDICTION

These Conditions of Sale and, therefore, the agreement entered into with the Customer are governed by and construed in accordance with the laws of Province of Ontario and the federal laws of Canada applicable in such Province, without reference to conflict of laws provisions. Any dispute, controversy or claim arising out of or in relation to the Conditions of Sale, including the validity, invalidity, breach or termination of the Conditions of Sale, shall be resolved in accordance with the Conditions of Sale.

You may bring proceedings against us in the courts of the Province of Ontario (sitting in Toronto, Ontario). We may bring proceedings against you in the courts of the Province of Ontario (sitting in Toronto, Ontario) or in the courts of the country where you are domiciled.

Without any restriction to bring proceedings before a court, you and Breitling Canada 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 Conditions of Sale or any breach thereof.

Breitling Canada Inc.
250 Bloor St. East, Suite 101
Toronto, Ontario, Canada M4W 1E6

May 12, 2020