GENERAL CONDITIONS

Version : 2.0

Date of publication: 19 December 2022

Welcome to the Initium website (www.initium.swiss), a website managed by Initium Watches Holding SA, Sous-la-Velle 14, 2340 le Noirmont, Switzerland. These Terms and Conditions are provided by the Initium group of companies (hereinafter referred to as “Initium” or including the terms “we”, “us” and “our”), “ours”) consisting of Initium Watches Holding SA, Initium Creawatch Sàrl and Initium Watches SA.

SCOPE OF APPLICATION

By accessing and using this site, regardless of whether you become a registered user, purchaser, investor or not (hereinafter referred to as “User” or “You”), you agree to be bound by these terms and conditions (hereinafter referred to as “T&Cs”), which you declare to have read and understood.

CHANGES TO THE TERMS AND CONDITIONS

Initium reserves the right, in its sole discretion, to modify or change these T&Cs at any time. It is your responsibility to consult them regularly to keep yourself informed of any changes.

By using the Site, you acknowledge that the mere act of posting revised T&Cs on the Site is sufficient to render you enforceable against any modifications or revisions.

Your continued access and use of the Site following any changes to the T&Cs will mean that you accept those changes. Any order or purchase of Shares placed after the publication by Initium of a new version of the T&Cs shall constitute acceptance of such new version.

CONTENTS

All intellectual property rights in Initium’s products and services shall remain the exclusive property of Initium and its licensors (if any). This also applies to watches configured via our configurator.

The content of the Site is the exclusive property of Initium and is provided to you as is. he Content may not be used, reproduced, distributed, transmitted, broadcast, performed, sold, transferred or otherwise exploited for any purpose other than viewing and using the Site.

The Initium names and logos, as well as the Site and all of its contents (design, text, graphics, etc.) are protected by copyright and trademark law. Initium retains all rights in the Site and the information and content (including all text, data, graphics and logos) on the Site.

Any modification, reproduction, publication, transmission to third parties and/or any other use of the protected property without the prior written consent of Initium is strictly prohibited. Consequently, it is forbidden to reproduce and/or reuse, in any way whatsoever, all or part of the elements contained in the site or received by email without the prior authorisation of Initium.

PRICE

Order to Switzerland

For all orders from and to Switzerland, the prices in Swiss francs mentioned in the offer of products and services at the time of the order shall apply. The prices indicated are final. This means that they contain the legal value-added tax applicable in Switzerland. Initium collects the VAT and remits it to the relevant tax authorities. Bank and foreign exchange charges applicable to any transaction carried out for an order or payment with Initium shall be borne by the Customer.

Order to the European Union

For all orders from and to a country of the European Union, the prices in euros mentioned in the offer of products and services at the time of the order shall apply. The prices indicated are final. This means that they contain the legal value-added tax applicable in the European territory. Initium collects the VAT and remits it to the relevant tax authorities. Bank and foreign exchange charges applicable to any transaction carried out for an order or payment with Initium shall be borne by the Customer. Any customs clearance costs are to be borne by the customer.

Ordering to other regions of the world

For orders from and to countries outside Switzerland and the European Union, the prices quoted in the currency selected in the product and service offer at the time of ordering shall apply. The prices indicated are not final. This means that they do not include the legal value-added tax in force in the territory of the destination, customs duties, customs clearance fees, various taxes and other charges relating to the territory of order and destination as well as bank and exchange fees applicable to the transaction.

PROMOTIONAL CODES

Promotional codes are vouchers issued by Initium as part of advertising campaigns and partnerships. Promotional codes have a fixed validity period. Promotional codes can only be used within the specified period and only once in the course of an order procedure.

Promotional codes can only be used prior to the conclusion of the ordering process. Subsequent settlement is not possible. The promotion code cannot be transferred to third parties. It is not possible to combine several promotional codes with each other unless Initium has agreed otherwise.

GIFT VOUCHERS

Gift vouchers have a fixed validity period of 5 years. However, the services included in the voucher may be subject to change when certain formulas are redefined. gift voucher can be reimbursed to the voucher purchaser within 15 days of the order. An amount of CHF 30.00 of the total amount of the gift voucher will be charged as an administration and processing fee.

It is the responsibility of the customer to ensure that the address given to Initium when ordering a voucher or gift box is correct. Initium is in no way responsible for the non-receipt of a shipment in the event of an error in the destination address, a move not communicated or in the event of the customer’s absence at the time of receipt.

PAYMENT

We offer the following payment methods: bank transfer, credit card and PayPal. For each order, we reserve the right not to offer certain types of payment and to refer you to other payment methods. You bear any costs of a cash transaction. In case of purchase via credit card or PayPal, your bank account is debited upon completion of the order.

The customer undertakes to pay the full amount within 30 days of receipt of the invoice.

You agree to receive invoices, credit notices and reminders in electronic or paper form.

GUARANTEE

Watches assembled in our workshops are guaranteed for 24 months from the date of assembly.

Watches assembled on the basis of our configurator and sold on our website are covered by a 24-month warranty from the date of purchase.

During the warranty period, Initium will either repair or replace any defective component of the watch at Initium’s expense. Repaired or replaced parts are guaranteed until the end of the original 24-month warranty period. The cost of shipping for repair is borne by the customer.

The guarantee does not apply in the following cases:

  • Accident, fall, misuse or abuse
  • Use of parts not offered by Initium
  • Repair by any repairer other than Initium or Initium’s appointed agent
  • Natural wear of the product
  • Failure to notify Initium of a defect during the warranty period

Repairs by Initium for damage or defects due to the above reasons will incur repair costs for labour, parts and transportation.

For deliveries abroad, customs duties or taxes may apply and are to be paid by the customer.

Watches sold as KAIROS kits are not covered by Initium’s warranty. Although our watch kits allow for easy assembly with clear instructions, we cannot guarantee a watch whose assembly has not been checked by one of our qualified watchmakers.

AVAILABILITY

All orders placed with Initium are subject to acceptance and availability of components. Please note that the items and components that are placed in your shopping cart are not exclusively reserved and can therefore be purchased by other users before you have completed the entire ordering process.

We are, of course, at the customer’s disposal in case of any doubts about the ordering and assembly process.

LIMITATION OF LIABILITY

The components and watches shown on the website may not correspond exactly to the actual components and watches in terms of image, colours and dimensions. This is due to a number of reasons, including the way your browser interprets our site, the quality of your screen and the fact that the components and watches are digitally generated images from computer software.

SUBCONTRACTING

Initium may subcontract the performance of all or part of its activities at any time, without notice or consent from you. Assembly activities can be delegated to a company or individual based in Switzerland or abroad. The repair activities as well as the sales logistics can be delegated to one or more third-party companies in Switzerland and internationally.

CANCELLATION OF THE ORDER

The products sold by Initium are made to order and are clearly personalised. Therefore, no cancellation and return fees are payable by Initium.

In all other circumstances, you can contact Initium by email at [email protected] or by phone at +41 32 953 10 87. Initium does not accept cancellations and does not issue refunds.

In exceptional cases, Initium reserves the right, at its sole discretion, to respond to requests for cancellation made by the Customer within a reasonable period of time, provided that the order has not yet been processed and shipped. Initium reserves the right to charge a processing fee.

DELIVERY

Your order will only be processed and shipped on working days. That is, the five days between Monday and Friday, excluding public holidays.

Initial delivery charges for all orders placed on the Initium website are paid by Initium.

The assembly and delivery times of your watches made through our configurator are 2 to 6 weeks maximum. This time frame is the same for our KAIROS kits. We do our utmost to keep this time, which is already exceptional for the assembly of unique pieces, as short as possible.

We work closely with our delivery partners to minimise the impact of customs clearance on your delivery time, although we cannot rule out the possibility that the time taken may be extended by a thorough customs inspection.

DELIVERY CHARGES

Shipping is free worldwide, excluding import duties and local taxes.

For further information, please contact us by email at [email protected] or by phone at +41 32 953 10 87.

INSURANCE ON DELIVERY

Initium ensures each watch assembled on the basis of our configurator until it is delivered. All watches are sent against your signature on receipt, at which point you are responsible for the items purchased.

If you have designated someone other than yourself as the recipient (for example, for a gift), you agree that proof of signature by (or at) that other recipient shall constitute proof of delivery and performance by Initium and transfer of liability.

RETURNS


On Swiss territory

In case of defective products

In the case of defective products upon receipt, you must notify Initium immediately upon receipt by email at [email protected] or by phone at +41 32 953 10 87. Initium will send you a procedure for dealing with this issue. In the event of a return of the Product(s) received, you shall be solely responsible for the risk and liability for any damage to the Goods during transit until such time as Initium has physically repossessed them.

Other circumstances

In all other circumstances, you can contact Initium by email at [email protected] or by phone at +41 32 953 10 87. Initium does not accept returns and does not issue refunds.

If, for any reason, you are required to return the goods to us, you will be solely responsible for the risk and liability for any damage to the goods during transit until Initium has physically taken back the goods. Transport costs not included in the guarantee are to be borne by the customer.


On European territory

In case of defective products

In the case of defective products upon receipt, you must notify Initium immediately upon receipt by email at [email protected] or by phone at +41 32 953 10 87. Initium will send you a procedure for dealing with this issue. In the event of a return of the Product(s) received, you shall be solely responsible for the risk and liability for any damage to the Goods during transit until such time as Initium has physically repossessed them.

Other circumstances

The products sold by Initium are made to order and are clearly personalised. Therefore, no cancellation and return fees are payable by Initium.

In all other circumstances, you can contact Initium by email at [email protected] or by phone at +41 32 953 10 87. Initium does not accept returns and does not issue refunds.

If, for any reason, you are required to return the goods to us, you will be solely responsible for the risk and liability for any damage to the goods during transit until Initium has physically taken back the goods. Transport costs not included in the guarantee are to be borne by the customer.


On another territory

In all circumstances, please contact Initium by email at [email protected] or by telephone on +41 32 953 10 87. All requests will be dealt with on a case-by-case basis. Please note that Initium does not generally accept returns or issue refunds.

CANCELLATION AND RELOCATION OF A COURSE

If the Client is unable to attend a Course, the Client must inform Initium immediately. Travel and cancellation fees will be charged by Initium as set out below.


For an individual course

Just motives

If the client cancels or reschedules a course for a valid reason (e.g. illness or accident) and on presentation of proof, the course can be refunded at 100% of the amount or can be rescheduled at no extra cost.

Travel costs for an individual course

3 days or less before the course date (from 0 to 3 days):

  • The client will be charged a course travel fee of CHF 50

More than 3 days before the course date (4 days or more):

  • The client will not be charged for the travel costs of the course

Cancellation fee for an individual course

3 days or less before the course date (from 0 to 3 days):

  • The course fee will be reimbursed at 40% of the invoice

14 days or less before the course date (4 to 14 days):

  • The course fee will be reimbursed at 60% of the invoice

30 days or less before the course date (15 to 30 days):

  • The course fee will be reimbursed at 80% of the invoice

More than 30 days before the course date (31 days or more):

  • The course fee will be refunded at 100% of the invoice, subject to an administration fee of CHF 50


For a group course

If the client reschedules his or her registration for a course for a valid reason (illness or accident) and on presentation of proof, the course can be postponed to a later date, subject to an administrative fee of CHF 50 per participant.

Travel costs for a group course

3 days or less before the course date (from 0 to 3 days):

  • A course travel fee of CHF 100 per participant will be charged to the client

7 days or less before the course date (4 to 7 days):

  • A course travel fee of CHF 150 per participant will be charged to the client

30 days or less before the course date (7 to 30 days):

  • An administration fee of CHF 300 will be charged to the customer

More than 30 days before the course date (31 days or more):

  • The client will not be charged for the travel costs of the course

Cancellation fees for group courses

3 days or less before the course date (from 0 to 3 days):

  • A no-show fee of 100% of the total agreed price will be charged

7 days or less before the course date (4 to 7 days):

  • A no-show fee of 85% of the total agreed price will be charged

14 days or less before the course date (8 to 14 days):

  • A no-show fee of 65% of the total agreed price will be charged

30 days or less before the course date (15 to 30 days):

  • A no-show fee of 50% of the total agreed price will be charged

More than 30 days before the date of arrival (22 days or more):

  • A no-show fee of CHF 100 will be charged


General

Initium will make every effort to facilitate the rescheduling of a course date instead of cancelling it.

Initium reserves the right to postpone or cancel a course in the event of an important and justified impediment. In the event of a postponement, no fee will be charged. In the event of cancellation, if the customer has already made payment, he/she will be refunded in full. The Client waives all claims for compensation from Initium in the event of postponement or cancellation by Initium.

Initium reserves the right at its sole discretion to charge or not to charge for cancellation and travel costs of an individual or group course.

In the event of inappropriate or undisciplined behaviour with supervisors and/or other clients during a course, Initium reserves the right to exclude a participant with immediate effect. In this case, the customer will not be reimbursed under any circumstances.

Initium assumes no liability or responsibility for delays, difficulties in reaching the destination or other inconveniences.

Data protection

Initium processes your data in accordance with applicable data protection laws. In this respect, we naturally comply with the principles of data protection law applicable to the processing of personal data. Thus, in principle, we only process your data in the context of orders, guarantees, returns, customisation, development and security of our services.

The rules governing the privacy policy and cookies used by Initium Watches Holding SA and the relationship between Initium and all persons using the site or coming into contact with the company are set out in the accompanying documents. For this purpose, please refer to our privacy policy and our cookies policy.

SHARE PURCHASES AND THE RELATIONSHIP BETWEEN INITIUM AND ITS INVESTORS

The general terms and conditions governing the purchase of shares of Initium Watches Holding SA and the relationship between Initium and its investors are set out in an accompanying document.

APPLICABLE LAW AND PLACE OF JURISDICTION

These Terms and Conditions shall be governed by and construed in accordance with the laws of Switzerland, without regard to its conflict of law provisions. Any dispute relating to the products and services shall be settled before the Swiss courts unless the applicable mandatory rules provide for a different jurisdiction.

Contact

Initium Watches Holding SA
Sous-la-Velle 14
2340 Le Noirmont
Switzerland
+41 32 953 10 87
[email protected]