Legal Notice

General terms and conditions

These General Terms and Conditions of Sale (the “Terms”) apply to all offers, orders, order confirmations, contracts, sales and deliveries relating to products and services offered by Manufacture des Montres Niton SA, Rue du Rhône, 118 – 1204 Genève, Switzerland (“Niton”, “we”, “us”), whether made through https://niton.swiss (the “Website”), by email, or by any other written communication.

By placing an order, you confirm that you have read, understood and accepted these Terms as in force at the time of the order and that they form an integral part of the contractual relationship between you and Niton. If you place an order on behalf of a legal entity, you represent and warrant that you are duly authorized to bind that entity.

Niton may amend these Terms at any time by publishing an updated version on the Website. The version applicable to an order is the version in force when the relevant order is placed.

These Terms are supplemented by our Privacy and Cookies Policy and any specific written arrangements agreed with the customer. In the event of conflict, the specific written arrangement shall prevail.

Conclusion of Contract

Listings on the Website constitute a non-binding invitation to the customer to submit an offer.

Any expression of interest submitted through the Website or otherwise shall be non-binding and shall not constitute an offer.

Any proposal issued by Niton shall remain valid only for the period indicated therein and shall automatically lapse if not accepted within such period.

Any order placed by the customer constitutes a binding offer to purchase the relevant product(s) on these Terms. The customer will receive an acknowledgement of receipt or order summary; however, such acknowledgement does not constitute acceptance by Niton.

A binding contract is concluded only when Niton accepts the order in writing (including by email), issues an invoice requesting payment after acceptance, or dispatches the product.

Niton reserves the right to refuse any order, in whole or in part, at its sole discretion, without being required to state reasons.

Niton develops its Products in limited quantities and seeks to establish long-term relationships with its clients. In this context, Niton may prioritize certain clients based on objective criteria such as prior purchases, demonstrated interest in the brand, or the nature of the requested Product.

The Client undertakes not to acquire Products with the primary intention of resale. Niton reserves the right to refuse or cancel any order where there are reasonable grounds to believe that the Product is intended for speculative or commercial resale purposes.

Products and Scope of Services

Niton offers watches and related products and services through the Website and by direct communication. Product descriptions, visuals, technical specifications and pricing information are provided for general information purposes. Given the artisanal and high-end nature of certain products, minor variations in colour, finish, dimensions, materials or non-essential characteristics may occur and shall not constitute a defect.

All products are offered subject to availability. Certain products may be produced only upon order, allocated in limited quantities, or subject to waiting lists. Placement on a waiting list is non-binding unless and until Niton confirms the order in writing.

If, after order placement or confirmation, a product becomes unavailable or cannot reasonably be delivered, Niton may, at its option, propose an equivalent alternative, postpone delivery, or cancel the order and refund any amounts received for the unavailable product.

Pricing

Unless otherwise indicated, all prices are stated in Swiss francs (CHF).

Unless expressly stated otherwise, prices for deliveries within Switzerland include Swiss VAT where applicable.

Prices for export deliveries may be stated without Swiss VAT where legally applicable. Shipping costs, insurance costs, customs duties, import VAT, local taxes, bank charges and any other charges linked to exportation, importation or the chosen payment method are borne by the customer unless expressly agreed otherwise.

The applicable price is the price communicated or displayed by Niton at the time the order is accepted. Niton reserves the right to correct manifest clerical, typographical or calculation errors and, where appropriate, to cancel the relevant order and refund any sums paid.

Payment Terms

Unless otherwise agreed in writing, the full purchase price is due upon order acceptance and must be paid using one of the payment methods accepted by Niton.

For pre-orders, limited editions, bespoke pieces, or made-to-order products, Niton may require payment of a deposit or staged payments. Unless otherwise agreed, any balance remaining shall be due prior to dispatch or handover.

Niton may suspend processing, dispatch, delivery, transfer, servicing or release of a product until all amounts due have been received in cleared funds.

Where a payment transaction is declined, reversed or challenged, Niton may suspend performance until the situation has been regularized.

Delivery

Products may be delivered within Switzerland and internationally, subject to legal, logistical and regulatory restrictions. Niton may refuse delivery to certain jurisdictions.

Delivery times and availability indications are estimates only unless expressly confirmed by Niton in writing as binding. Delays caused by force majeure, transport disruptions, customs clearance, regulatory constraints, shortage of components, or other circumstances beyond Niton’s reasonable control shall not entitle the customer to damages or cancellation, unless mandatory law provides otherwise.

If Niton offers collection or in-store handover, the customer must collect the product within the time period communicated by Niton. Collection may be made by the customer or by a duly authorized representative notified in advance.

The customer must inspect the product promptly upon receipt and notify Niton in writing of any apparent transport damage, visible defect, missing item or incorrect delivery without undue delay and, in any event, no later than seven (7) days after receipt. Hidden defects must be notified promptly after discovery.

For deliveries within Switzerland, risk of accidental loss or damage passes to the customer upon physical delivery of the product to the customer or the person designated by the customer.

For export deliveries, risk passes upon handover of the product to the first carrier, unless mandatory law requires a different rule.

For collection, risk passes when the product is made available for pick-up.

Cancellation and Returns

The Client acknowledges and agrees that no right of withdrawal or return applies once an order has been confirmed in accordance with these Terms.

Any return or replacement may only take place in accordance with the warranty provisions set out in Clause 8, or at Niton’s sole discretion.

Warranty

Niton provides a warranty in accordance with applicable Swiss law relating to defects.

Unless otherwise stated in writing for a specific product, Niton grants a five (5) year warranty from delivery covering manufacturing defects affecting the movement, case, dial, hands or any other original components supplied by Niton.

This warranty does not cover normal wear and tear, ageing of materials, natural evolution of appearance, routine servicing, battery replacement where applicable, or any damage resulting from accident, shock, improper use, negligence, failure to follow care instructions, water infiltration due to misuse, or any intervention, modification or repair carried out by a person not authorized by Niton.

Any warranty claim must be notified in writing and include proof of purchase together with sufficient details of the alleged defect. Niton reserves the right to request the return of the Product for inspection.

To the extent permitted by applicable law, and unless Niton decides otherwise in a specific case, Niton’s obligations under this warranty are strictly and exclusively limited to the repair or replacement of the defective Product or component. Any further claims, including rescission of the sale or reduction of the purchase price, are excluded.

After expiry of the warranty period, Niton may offer servicing, restoration or other after-sales services against payment, subject to a separate quotation.

Limitation of Liability

Nothing in these Terms shall exclude or limit liability where such exclusion or limitation is not permitted by applicable law, including in cases of wilful misconduct or gross negligence.

Subject to the foregoing, Niton shall be liable only for direct damage that is duly proven and directly attributable to a breach of its obligations.

To the fullest extent permitted by applicable law, Niton shall not be liable for any indirect or consequential damage, including loss of profit, loss of business or reputational damage.

To the extent permitted by applicable law, Niton’s total liability arising out of or in connection with a Product shall not exceed the price paid for the Product giving rise to the claim.

Force Majeure

Niton shall not be liable for any failure, impossibility or delay in performing its obligations to the extent caused by an event beyond its reasonable control, including natural disaster, epidemic, fire, war, terrorism, labour dispute, embargo, sanctions, interruption of transport, shortage of materials, cyber incident, governmental measure or customs restriction.

In such a case, the time for performance shall be extended for the duration of the impediment and for a reasonable restart period. If the impediment persists for an unreasonable duration, Niton may cancel the affected order against reimbursement of sums received for the undelivered product.

Retention of Title

Products remain the property of Niton until full payment of all sums due has been received.

Where appropriate, Niton may register retention of title in accordance with applicable Swiss law.

Intellectual Property

All intellectual property rights relating to the products, trademarks, trade names, logos, designs, photographs, texts, videos, Website content, catalogues and related materials remain vested in Niton or the relevant rights holder.

No reproduction, publication, resale, reverse engineering, distribution or commercial exploitation is permitted without prior written consent, except to the limited extent permitted by mandatory law.

The Client shall not use images, representations or descriptions of the Products for commercial purposes without Niton’s prior written consent.

Data Protection

Any processing of the customers’s personal data shall be done in compliance with applicable legal provisions and in accordance with our Privacy and Cookies Policy.

Communications

The customer agrees that Niton may communicate with the customer electronically for contractual purposes, including by email, provided that the customer has supplied the relevant contact details. The customer remains responsible for ensuring that their contact details are accurate and up to date.

Entire Agreement

These Terms constitute the entire agreement between the parties with respect to their subject matter and supersede any prior agreements, communications or understandings, whether written or oral.

Severability AND NO ASSIGNMENT

If any provision of these Terms is or becomes invalid, illegal or unenforceable, the remaining provisions shall remain in full force and effect. The invalid provision shall, to the extent possible, be replaced by a valid provision reflecting most closely the original economic intent.

The customer may not assign or transfer any rights or obligations arising from an order or contract without Niton’s prior written consent.

No failure or delay by Niton in exercising any right or remedy shall constitute a waiver of such right or remedy.

Governing Law and Jurisdiction

These Terms and any contract concluded under them shall be governed by and construed in accordance with Swiss law, excluding its conflict-of-law rules and excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).

The courts of Geneva, Switzerland shall have exclusive jurisdiction over any dispute arising out of or in connection with these Terms or any contract concluded under them, subject always to any mandatory consumer forum or other mandatory protective rule that may apply.

DATE

20 March 2026

Niton