GENERAL CONDITIONS FOR THE PURCHASE OF SHARES

Version : 2.0
Date of publication: 1 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 (hereinafter referred to as “T&Cs”) are provided by the Initium Group (hereinafter referred to as “Initium” or including the terms “we”, “us”, “our”) comprising Initium Watches Holding SA, Initium Creawatch Sàrl and Initium Watches SA.

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.

GENERAL PRECAUTIONARY MEASURES FOR THE PURCHASE OF SHARES

We recommend that inexperienced investors consult a trusted financial expert, especially if the number of shares you wish to acquire is significant. You should also be aware that the Swiss Financial Market Supervisory Authority (FINMA) provides support and advice on how to accurately assess the offerings of individual and unregulated providers. Finally, we remain at your disposal at all times to answer your questions.

FIGURES AND FINANCIAL PROJECTIONS

We certify that all figures provided on the website and in our investor brochure regarding the performance and results of the Initium Group over the period 2015–2022 are consistent with the company’s accounts. Initium takes the liberty of rounding some figures to make them easier to read.

However, data relating to future performance and results in connection with the development of the Group’s activities or new offerings are estimated sales projections and are therefore not accurate. This information does not constitute a guarantee of future events, the achievement of the objectives described and that the new offers presented in the documents will be commercially successful.

All information on the Initium website and encrypted data may be changed at any time without prior notice to users.

CONTENTS

All intellectual property rights in Initium’s products and services shall remain the exclusive property of Initium and its licensors (if any).

The content of the Site is the exclusive property of Initium and is provided to you as is. The 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.

ACCESS RESTRICTIONS

Persons domiciled in the United States are not permitted to access these parts under US law. In addition, you certify that you have reached the legal age of majority in your country of residence to access and browse this part of our website.

RIGHT TO REFUSE THE PURCHASE OF SHARES

Initium reserves the right to decline or refuse any applications for the purchase of shares without giving reasons. In this situation, Initium will attempt to notify the person concerned and the amount will not be debited, or payment refused. In the event that payment has already been made at the time of rejection of the purchase request, Initium will refund the full amount paid and pay any transaction costs.

SHAREHOLDING BY MINORS

Minors are not permitted to be shareholders of Initium Watches Holding SA. The legal representative of a minor may, however, acquire and hold shares on behalf of a minor in his or her care. In this case, he or she must inform us in writing of the details of the person on whose behalf he or she is acquiring shares.

POTENTIAL RISKS FOR INVESTORS

Initium Watches Holding SA and its subsidiaries are not risk-free companies.

The occurrence of one or more of the risks described in the risk factors listed below, or of any additional risks of which Initium Watches Holding SA and its subsidiaries are not yet aware or which they do not currently consider relevant, may, alone or in combination with other known or unknown risks, adversely affect the economic and financial condition of the Company or even lead to its liquidation.

Therefore, we advise you not to invest too much of your assets. The risks outlined below should not be considered an exhaustive list of possible risks. Nor does their order say anything about their significance, probability or relevance.

ECONOMIC SITUATION

Initium Watches Holding SA and its subsidiaries are subject to general economic and political conditions, such as economic growth, inflation and national and international competition. A deterioration in the economic environment or outlook or the political and competitive climate is possible at any time. These factors may have a material impact on Initium’s business, financial condition and results of operations.

By acquiring Initium Shares, you are aware of these risks and accept their impact on Initium’s business.

SHARE PRICE

The prices quoted in Swiss francs (CHF) on the website at the time of ordering apply. The prices indicated are final. This means that they contain the legal value-added tax applicable in Switzerland.

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 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.

SPONSORSHIP

An investor who is known and recognised by Initium and who sponsors a new investor receives a gift from Initium of a number of shares equal to 5% of the number of shares purchased by the sponsored new investor.

The first and last name of the sponsor must be communicated to Initium at the time of the share purchase request.

Sponsorship is not applied in case of redemption of shares by a new investor from an investor.

RIGHT OF WITHDRAWAL

You have a right to withdraw within 7 days of receiving the Shareholder Agreement and the associated declaration of membership by e-mail. To do so, you must inform Initium Watches Holding SA by e-mail or by post of your wish to exercise this right. In the event that your payment has already been made at the time you exercise your right of withdrawal, Initium will refund the full amount paid. Any transaction fees are at your expense.

VALIDATION OF YOUR SHARE PURCHASE REQUEST

Once you have read and accepted your application to purchase shares, you will receive a confirmation of receipt by e-mail. The Initium Watches Holding Ltd. shareholder agreement will be sent to you together with a declaration of accession.

You have 7 days from receipt of the documents to return your dated and signed declaration of adherence to the Shareholder Agreement to us by e-mail or post (an electronic signature in PDF format is accepted). After this period, your application to purchase shares may be refused.

In the event that your payment has already been made at the time your application is declined due to non-receipt of your Shareholder Agreement declaration or for any other reason, Initium will refund the full amount paid and pay any transaction costs.

Your status as a shareholder of Initium Watches Holding SA will be effective upon approval of your application to purchase shares and upon receipt of your duly dated and signed declaration of adherence to the Shareholder Agreement. From then on, your name, contact details and the number of shares acquired will be entered into our share register.

SALE OF SHARES

Investors hoping to sell their shares must inform Initium Watches Holding SA.

Initium reserves a right of first refusal on any sale of shares in Initium Watches Holding SA by an investor. The purchase price per share applied is determined by the share price at the time of signing the sales contract.

An investor may at any time decide to sell his shares to a natural or legal person interested in buying them.

CANCELLATION OF THE ACTION ORDER

Orders for shares placed on the Initium website cannot, in principle, be cancelled by the interested party. In exceptional cases, Initium reserves the right, in its sole discretion, to respond to requests for cancellation within a reasonable period by the person concerned.

ORDINARY GENERAL ASSEMBLY

As a shareholder, you have the right to be invited to the Annual General Meeting of Initium Watches Holding Ltd. This meeting is held once a year. Details of its organisation are provided exclusively by Initium.

TYPE OF SHARE AND VOTING RIGHTS

Initium Watches Holding SA issues only one type of share; registered shares with the right to one vote per share.

TAX RETURN

You are solely responsible for reporting the number of shares you hold to the competent authorities in your tax jurisdiction. Initium cannot be held liable and prosecuted for any failure to file tax returns by a shareholder.

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.

Persons subscribing to our newsletters agree that their personal data; surname, first name and e-mail address may be passed on to a third party to manage and send our newsletters.

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]

After Care

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