General Terms and Conditions of Sale

1. General

1.1. These General Terms and Conditions of Sale (hereinafter: the “GTCS”) apply to the online sale of products to users via the website (hereinafter: the “Users”) hosted at the following URL: https://www.nortonpeak.com (hereinafter: the “Website”) provided by NORTON PEAK SA (CHE-366.999.839), whose registered office is located at Rue Sainte-Marguerite 16, 1950 Sion, Switzerland (hereinafter: the “Company”). The Company operates the brand “Norton Peak,” registered with the Swiss Federal Institute of Intellectual Property under No. 818684.

1.2. These GTCS enter into force on 27.11.2025.

1.3. All deliveries and services performed by Norton Peak are carried out exclusively on the basis of these GTCS. 

1.4. The legally binding version of the GTCS is published on Norton Peak’s official website (www.nortonpeak.com). In case of discrepancies between different language versions, the French version shall prevail.

1.5. The customer is informed that refusal of these GTCS prevents any order or purchase from Norton Peak.

1.6. By placing an order on this Website, the customer confirms that they are of legal age and legally capable of entering into a contract.

2. Conflict between Norton Peak’s GTCS and the Customer’s Terms

2.1. In the event of any contradiction between these GTCS and the customer’s terms and conditions, Norton Peak’s GTCS shall prevail in all cases.

2.2. Norton Peak is under no obligation to inform the customer at the time of contract conclusion of the precedence of its GTCS or the existence of contradictions.

3. Individual Agreements

3.1. Specific agreements between the parties take precedence over these GTCS, provided they are made in writing.

 3.2. The customer’s general terms and conditions shall in no case be considered individual agreements.

4. Order Process

4.1. The presentation of products on the website does not constitute a binding offer but an invitation to place an order.

 4.2. Any order placed via the website constitutes a purchase offer. After placing the order, the customer receives an automatic email confirming receipt—this confirmation does not constitute acceptance. The contract is deemed concluded once Norton Peak sends the order confirmation.

4.3. Norton Peak reserves the right to accept or refuse any order.

4.4. In case production must be cancelled for various reasons, Norton Peak may terminate the contract; any payments already made will be fully refunded.

4.5. For security and fraud prevention reasons, Norton Peak may require a telephone confirmation or proof of identity before validating the order.

4.6. If the customer does not respond within the requested timeframe, Norton Peak reserves the right to refuse the order.

5. Prices and Payment

5.1. Prices correspond to those displayed on the official website, unless there is an obvious error. Prices are expressed in Swiss francs (CHF), VAT included unless otherwise indicated. Delivery, customs, and packaging fees are added unless stated otherwise.

5.2. Norton Peak SA reserves the right to modify the prices displayed on the website at any time (not applicable to prices already confirmed in an order confirmation). 5.3. The total price is due upon order confirmation and must be paid before shipment unless otherwise agreed. 5.4. Products remain the property of Norton Peak SA until full payment has been received. 5.5. We are not required to provide the product or service at an incorrect (lower) price if the pricing error is obvious and unmistakable and you reasonably should have recognized it as such. 5.6. Online payment: The payment solution used on the website is Stripe. You may pay using the payment options available at the time of purchase, which may include (for applicable terms, follow the available links):

• Credit cards such as Visa, Mastercard, American Express
• PayPal
• Payment by invoice
• Twint

If you pay by credit/debit card, you are subject to validation checks and authorization from the card issuer. We may share your personal information with third parties necessary to perform such checks. If the card issuer refuses authorization, the order will not be accepted, and we will not be responsible for any delay or non-delivery. Delivery may be suspended until full payment is received. We may terminate the contract if you fail to pay on time without valid reason.

We may offer additional payment options in collaboration with third-party providers, such as direct transfer, instalment payments, or invoice payment. By choosing such options, you agree to be bound by the terms of these third parties as indicated during the order process or in these GTCS, and acknowledge that such third parties process your personal data for payment purposes as described in their privacy notices.

6. Delivery

6.1. Estimated delivery times, as well as applicable delivery options and fees, are indicated during the order process and confirmed in your order confirmation.

6.2. All delivery times are indicative. If we are unable to meet the initially estimated delivery time, we will inform you as soon as possible and propose a new delivery date. If delivery cannot take place within 30 days after the date indicated in the order confirmation, you have the right to cancel the order and receive a full refund, unless you expressly agree to an extension.

6.3. We deliver only to the address you provide when placing your order. It is the customer’s responsibility to ensure that this address is accurate, complete, and accessible. Any error, omission, or impossibility of delivery due to incorrect or incomplete information is the sole responsibility of the customer and may incur additional fees. For the time being, we only deliver to addresses in Switzerland.

6.4. Delivery is carried out by third-party logistics providers chosen by Norton Peak. Risk transfer (loss, damage, theft during transport) occurs according to the carrier's terms and/or at the moment the parcel is handed over to the customer or any authorized person at the indicated address. 6.5. If a parcel is returned due to a delivery impossibility attributable to the customer (incorrect address, repeated absence, uncollected parcel, etc.), reshipping fees may be charged.

7. Transfer of Ownership, Transfer of Risk, and Warranty

7.1. Ownership of the products is transferred to the customer only after full payment of all amounts due, including the product price, delivery fees, and applicable taxes. Transfer occurs on the later of the following dates:

• receipt of full payment by Norton Peak SA, or
• physical delivery of the products to the customer.

7.2. Until ownership is transferred, Norton Peak SA reserves the right to recover delivered products in case of non-payment, default, or breach of these GTCS. The customer agrees to keep the products in perfect condition until the transfer of ownership.

7.3. Risk transfers to the customer upon effective delivery at the address indicated or upon collection from the carrier. 

7.4. For the purposes of this clause, “risk” means the customer’s responsibility for any damage, loss, theft, deterioration, or mishandling of the products after delivery, including their use, storage, or subsequent transport.

7.5. Legal warranty of conformity and commercial warranty

Norton Peak products benefit from the legal warranties applicable in Switzerland (conformity and defects), as well as any specific commercial warranty indicated on the product page, in the documentation, or on the invoice. The warranty covers material and manufacturing defects under normal use. It excludes:

• damage resulting from accidents, impacts, drops, abnormal or negligent use;
• damage caused by unauthorized intervention, modification, disassembly, or repair not carried out by Norton Peak or an authorized center;
• normal wear (strap, scratched glass, etc.);
• damage resulting from failure to follow recommended maintenance.

7.6. Warranty claim procedure

To activate the warranty, the customer must notify Norton Peak within a reasonable time after discovering the defect. Norton Peak reserves the right to inspect the product to evaluate the defect and determine warranty applicability. Depending on the case, Norton Peak may offer:

• repair of the product,
• replacement with an identical or equivalent product,
• or, if these are not possible, a partial or full refund.

7.7. Limitation and exclusions of liability

To the extent permitted by law, Norton Peak SA shall not be liable for any damage resulting directly or indirectly from the use, transport, handling, or storage of the products after delivery. Liability is excluded in particular in case of damage due to: 

• use contrary to technical or safety standards or to the instructions and limitations in the manual;
• abnormal, unreasonable, or inappropriate use, including violent shocks, crushes, improper handling, or any excessive use;
• normal wear or natural ageing of components (straps, glass, surface treatment, etc.);
• assembly, modification, or adjustment carried out by the customer or an unauthorized provider; 
• ny impact, crack, scratch, or deterioration of the glass, strap, case, or any other component;
• any intervention or repair carried out by a non-authorized service;
• transport or delivery, even when provided by third-party carriers;
• intentional acts, fault, negligence, or lack of precaution by the customer;
• storage under inadequate conditions (extreme temperatures, excessive humidity, corrosive environments, magnetic fields, etc.);
• exposure to conditions not compliant with Norton Peak SA’s recommendations;
• any event amounting to force majeure as defined in Article XII of these GTCS.

Furthermore, Norton Peak SA shall not be liable for indirect, consequential, or immaterial damages, such as financial losses, loss of use, lost profits, loss of data, or any other economic prejudice. Norton Peak SA’s maximum liability, where it cannot be excluded, is limited to the amount actually paid by the customer for the product concerned.

8. Return Policy

8.1. The customer has 10 calendar days from receipt of the order to exercise the right of withdrawal without providing justification. This right applies exclusively to online purchases and not to in-store, event, or in-person sales.

8.2. The right of withdrawal does not apply to personalized products or products made according to customer specifications (engraving, special component choices, custom finishes, or any non-standard modifications).

8.3. Returned products must be strictly new, unworn, unused, and kept in their original complete packaging, including the box, protective elements, accessories, warranty certificate, and proof of purchase. Any product showing signs of wear, shock, handling, or incomplete packaging may be refused or subject to a reduced refund.

8.4. Returns must be sent by registered parcel (with tracking) to Norton Peak SA’s official address in Switzerland, as indicated on the website at the time of return. The customer is responsible for the product until receipt by Norton Peak SA.

8.5. Return shipping costs are borne by the customer. Returns sent cash on delivery, against reimbursement, or deposited without authorization will not be accepted.

8.6. Refunds are processed after receipt and inspection of the product by Norton Peak SA. The refunded amount will be credited using the same payment method used for the purchase, unless expressly agreed otherwise. Norton Peak SA reserves a reasonable processing time, generally 5 to 10 business days after receipt.

9. Claims and Warranty

9.1. In accordance with the Norton Peak international warranty, any product presenting a manufacturing defect or a covered fault within 24 months from the purchase date will be repaired or replaced free of charge by Norton Peak SA, subject to technical evaluation by our watchmakers or an authorized service center.

9.2. Any claim must include valid proof of purchase, such as the completed warranty certificate, the original invoice, or the digital order confirmation. No claim can be processed without these documents.

9.3. Products subject to a claim must be sent to Norton Peak SA’s official address in Switzerland or deposited at an authorized service center. Products must be properly packaged to avoid transport damage.

9.4. Unless otherwise specified or covered by a specific policy (e.g., All Risk insurance), shipping costs both ways are borne by the customer. Norton Peak assumes no liability for loss, theft, or damage during transport to its facilities.

 9.5. The warranty does not cover damage resulting from inappropriate, abusive, or non-conforming use, including shocks, impacts, improper handling, unauthorized opening, product modifications, normal wear, or failure to follow maintenance instructions. Exclusions are detailed in the warranty certificate provided with the product.

10. Customer Obligations

10.1. By confirming the order, the customer declares that they have read, understood, and accepted the full GTCS of Norton Peak SA and all information or specific conditions displayed on the website at the time of purchase.

10.2. The customer agrees to provide accurate, complete, and up-to-date information when creating an account, placing an order, and specifying the delivery address. The customer alone is responsible for consequences arising from erroneous, incomplete, or outdated information (incorrect address, inaccurate contact details, etc.).

10.3. The customer is responsible for verifying product compatibility with their needs and for respecting normal usage conditions as well as maintenance and safety instructions provided by Norton Peak SA.

10.4. The customer must retain the proof of purchase, warranty certificate, and all documents relating to the product, required for warranty claims, after-sales service, or complaints.

10.5. The customer must ensure that products are collected, handled, used, and stored under appropriate conditions without exposure to risks or environments that could damage them.

10.6. The customer accepts that any abusive, non-conforming, or improper use may lead to restrictions or exclusions of warranty, liability, and related services.

11. Intellectual Property

11.1. Norton Peak SA remains the sole holder of all intellectual property rights related to its watches, creations, designs, drawings, models, graphic elements, photographs, texts, videos, concepts, logos, trademarks, business names, technologies, innovations, patents, and any other content on its website, promotional materials, or associated documents.

11.2. Any reproduction, representation, distribution, modification, adaptation, commercial use, or utilization—whether total or partial, on any medium or by any means—is strictly prohibited without prior, written, and express authorization from Norton Peak SA.

11.3. Any violation may lead to civil and criminal proceedings under Swiss intellectual property law.

12. Partial Invalidity

12.1. If any provision of these GTCS is declared null, invalid, or unenforceable by a competent authority, such invalidity shall not affect the remaining provisions, which shall remain fully enforceable. The invalid provision shall be replaced by a valid one whose economic effect and spirit most closely approximate the original provision.

13. Applicable Law and Jurisdiction

13.1. The contractual relationship between the customer and Norton Peak SA is governed exclusively by Swiss law, expressly excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG / Vienna Convention). 13.2. Any dispute arising from these GTCS or related to the purchase of a Norton Peak product shall be submitted to the exclusive jurisdiction of the competent courts of Sion (Valais, Switzerland), the registered office of Norton Peak SA, unless mandatory legal provisions provide otherwise. 13.3. Norton Peak SA nevertheless reserves the right to bring action before the courts of the customer’s domicile or any other competent court under applicable law.

14. Shareholding Participation and Shareholder Status

14.1. Norton Peak SA offers its early customers the opportunity to become shareholders of the Company as part of an exclusive participation program linked to the purchase of a Norton Peak watch.

14.2. In November 2025, the share capital of Norton Peak SA amounts to CHF 200,000, divided into 200,000 registered shares with a nominal value of CHF 1 each. The capital is entirely held by the founder of Norton Peak, Lucas Cucinotta. In the long term, the founder will hold 50% of the share capital, while the remaining 50% will be held by the first 1,000 clients.

14.3. Allocation of shares

Under the Norton Peak SA participation program, eligible early customers may receive shares of Norton Peak SA. These shares are sold at nominal value during the brand’s first launch year. The allocation, eligibility conditions, and number of shares granted are specified on the website or in the documentation associated with the offer. Shares are granted only after final purchase validation and confirmation by Norton Peak SA.

14.4. Rights of customer-shareholders

Shares grant customers the shareholder rights provided under Swiss law, including:

• the right to attend the General Meeting of Shareholders; 
• voting rights according to the number of shares held; 
• the right to information within legal limits; 
• the right to any dividend decided by the General Meeting.

However, shares do not grant any rights to intervene in daily operations, business activities, or operational strategy, which remain the exclusive responsibility of the Board of Directors and Management.

14.5. Obligations of customer-shareholders

By becoming a shareholder, the customer agrees to act respectfully, constructively, and in good faith toward Norton Peak SA, its community, and representatives. In particular, the shareholder agrees to: • respect the confidentiality of information communicated during General Meetings or via the shareholder platform; • exercise shareholder rights loyally; • refrain from harming the company’s reputation or interests; • comply with Swiss law and Norton Peak SA’s articles of association.

14.6. General Meeting Invitation

Customer-shareholders will be invited to the Annual General Meeting in accordance with applicable legal requirements (by mail or electronic means). They will receive the agenda, preparatory documents, and may participate physically or through means provided by Norton Peak SA (electronic voting, proxy, etc., if applicable).

14.7. Possibility of selling shares back to Norton Peak

Any customer-shareholder may request to sell their shares back to Norton Peak in accordance with procedures, pricing, and conditions defined by the Company (e.g., nominal price, symbolic price, processing time, legal restrictions). Norton Peak SA may accept or refuse the request, taking into account: • applicable regulations on share buybacks; • its financial situation; • available free reserves and equity; • any legal constraints identified by the Board of Directors.

If a temporary legal impediment exists (e.g., insufficient equity), the buyback may be postponed. If Norton Peak chooses not to repurchase the shares, it may authorize the customer to sell them to a third party. However, the transfer must be approved by Norton Peak and recorded in the shareholders’ register.

14.8. Transfer of shares and entry in the shareholders’ register

Shares allocated under the participation program are initially held and transferred by Lucas Cucinotta, founder of Norton Peak SA. Norton Peak SA acts solely as an administrative intermediary to organize, document, and notify the transfer but does not hold these shares.

Customer-shareholders acknowledge that shares will be legally transferred and entered in the shareholders’ register only after: 

• full payment of the purchased watch, and
• expiry of the legal withdrawal period defined in these GTCS.

Before both conditions are met, no entry or legal recognition as a shareholder may occur.

After the first financial year and to the extent permitted by Swiss law, the Company may consider repurchasing shares held by Lucas Cucinotta to allocate them to the customer shareholding program or redistribute them. Any such repurchase would be conducted only:

• in compliance with legal rules on share buybacks (art. 659 et seq. of the Swiss Code of Obligations),
• respecting Norton Peak SA’s solvency and financial interests,
• upon a decision of the Board of Directors.

This possibility does not constitute an obligation for Norton Peak SA but a discretionary option subject to financial conditions and legal requirements.

14.9. Non-transferable or restricted nature

Shares allocated under this program may be subject to transfer, assignment, or resale restrictions pursuant to Norton Peak SA’s articles of association and Swiss law. The customer will be informed of applicable conditions upon allocation.

14.10. No guarantee of value

Norton Peak SA provides no guarantee whatsoever regarding the future value of the shares. The customer-shareholder acknowledges that share value may fluctuate and that share ownership does not constitute a guaranteed financial investment.

14.11. Share allocation to customers

Share allocation is carried out according to defined tiers. These tiers may be modified by Norton Peak SA and are displayed on the Norton Peak website.

14.12. Norton Peak shares are not listed on any stock exchange, and their transfer is subject to prior approval by Norton Peak SA.

14.13. The allocation of shares does not constitute a public investment offering but an exclusive advantage reserved for the early customers of Norton Peak, in recognition of their support in the creation of the brand.

15. “NP All Risk” Insurance Included with Every Norton Peak Watch (Switzerland Only)

15.1. Every Norton Peak watch purchased by a customer domiciled in Switzerland automatically benefits from the “NP All Risk” insurance, provided by Norton Peak SA in partnership with Helvetia Insurance. This insurance covers, among other risks, theft, loss, and total damage of the watch, subject to Helvetia’s insurance terms and conditions. 

15.2. The insurance enters into force on the first day of the month in which the watch is received, for a duration of 24 months. Thus, if the watch is received on the 15th of a month, coverage retroactively starts on the 1st of that same month, which may slightly reduce the effective coverage period.

15.3. The customer may refuse the insurance after purchase by informing Norton Peak in writing (email or letter). The corresponding insurance cost will then be refunded.

15.4. At the end of the 24-month period, the customer will be informed of the possibility of continuing the insurance at their own expense. If they choose not to extend it, the customer must terminate the coverage according to Helvetia’s conditions.

15.5. This offer is strictly limited to sales made within Switzerland. Orders delivered outside Switzerland are not eligible for this coverage.

15.6. The customer must keep the proof of purchase and delivery documents required in case of a claim. Any compensation request is subject to Helvetia Insurance’s procedures, deadlines, exclusions, and obligations.

15.7. Norton Peak SA reserves the right to modify or discontinue this offer at any time for future sales. Insurance policies already activated remain valid until their contractual expiration.