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General terms and conditions of sale

General Terms and Conditions of Sale – Kwatches

This is a translation. Only the French version is authoritative (art. 22.4).

Article 1 – Scope, definitions and contractual documents

1.1 These general terms and conditions of sale (the “GTC”) apply to every Contract concluded between Kwatches and a Customer.

1.2 Definitions. In the GTC, the following capitalised terms have the meaning set out below:

  • “Kwatches”: the natural person who operates, under this trade name, the watch sales business presented on the Site;

  • “Site”: the website https://kwatches.ch, which presents the Watches offered; no Contract is concluded on it;

  • “Customer”: any person who submits a request to Kwatches or concludes a Contract with it;

  • “Consumer”: a Customer who acquires a Watch intended for personal or family use, unconnected with any professional or commercial activity;

  • “Business Customer”: any Customer who is not a Consumer, in particular a dealer or a collector acting in a commercial capacity;

  • “Watch”: the watch sold, together with the accessories and documents mentioned in the Description;

  • “New Watch”: a Watch that has never been worn; “Pre-owned Watch”: any other Watch; “Vintage Watch”: a Pre-owned Watch designated as such in the Description;

  • “Offer”: the written offer sent by Kwatches to the Customer in accordance with article 4.3;

  • “Description”: the characteristics of the Watch set out in the Offer, including the product page of the Site to which the Offer refers;

  • “Contract”: the contract of sale concluded by acceptance of the Offer, consisting of the documents listed in article 1.4;

  • “In Writing”: any communication on paper or by e-mail; e-mail satisfies any written form requirement laid down in the GTC;

  • “Business Day”: Monday to Friday, excluding official public holidays in the canton of Geneva and closure periods announced on the Site.

1.3 Acceptance. Kwatches attaches the GTC to each Offer, as a document or a link. By accepting the Offer, the Customer accepts the GTC in the version attached to that Offer.

1.4 Contractual documents and order of precedence. The Contract consists of the following documents which, in the event of conflict, prevail in the order below:

  • the special terms set out in the accepted Offer;

  • the Description;

  • the GTC.

1.5 Entire agreement. The Contract contains the entire agreement of the parties and supersedes their prior exchanges, in particular e-mails, messages and conversations. Information given by Kwatches before the Offer forms part of the Contract only if it is included in the Offer or in the Description. A Customer who attaches importance to a characteristic of the Watch shall ask for it to be included therein. Wilful deception is reserved. The Customer’s general terms and conditions do not apply.

1.6 Sales outside Switzerland. Kwatches delivers in Switzerland. A sale for delivery outside Switzerland is concluded only by express agreement and is subject to article 8.5.

Article 2 – Identification of Kwatches and contact details

2.1 Kwatches is the trade name of a business operated by a natural person, without a separate legal entity. Kwatches is not entered in the commercial register and is not registered for VAT.

2.2 Kwatches can be contacted at contact@kwatches.ch. Its full identity and postal address are set out in each Offer and are provided, before any Offer, on request.

2.3 Any communication In Writing provided for in the GTC may be sent to Kwatches at the above e-mail address. A communication from the Customer is deemed made on the date it is sent.

Article 3 – Presentation of the Watches and pre-contractual information

3.1 Each product page of the Site and each Offer state, to the extent this information is available: brand, model, reference, year or period of manufacture, condition, case and strap materials, type of movement (mechanical, automatic, quartz) and calibre, dimensions, water resistance stated by the manufacturer, accessories and documents supplied (box, certificate, warranty card, service invoices).

3.2 Identity of the Watch and promised qualities. The brand, model and reference identify the Watch sold. The other particulars of the Description, in particular condition, materials, calibre, dimensions, water resistance and accessories, constitute promised qualities within the meaning of article 197 of the Swiss Code of Obligations (CO). A deviation from these particulars is governed by the warranty for defects (art. 12).

3.3 New Watches. New Watches are in principle sold with the manufacturer’s international warranty, where it is still valid. The Description specifies in each case whether this warranty is present and its expiry date (art. 12.9).

3.4 Condition of Pre-owned Watches. The condition of a Pre-owned Watch is stated in the Description according to the following scale:

  • “As new”: the Watch has been worn but shows no signs of wear visible to the naked eye under normal viewing conditions. Micro-scratches visible only under a loupe or in raking light are possible.

  • “Very good condition”: light signs of use, such as fine surface scratches on the case, strap or clasp. No knocks, no dents, no scratches on the crystal or dial.

  • “Good condition”: visible signs of use, such as scratches or small marks on the case, bezel or strap, or slight play in the bracelet, with no effect on operation.

  • “Used condition”: marked signs of use, such as pronounced scratches, small knocks or wear to the strap or clasp. A service or replacement of parts may be necessary.

  • “Sold as is”: a Watch intended for collection, restoration or parts; its operation is not guaranteed.

3.5 Scope of the stated condition. The condition is assessed by Kwatches in accordance with the customs of the pre-owned watch trade and relates to the external appearance of the Watch; unless otherwise stated in the Description, it includes neither opening of the case, nor a service, nor a water-resistance test. Unless marked “Sold as is”, a Pre-owned Watch is in working order when handed over to the carrier or to the Customer. Polishing, non-original parts and services of which Kwatches is aware are mentioned in the Description. On a Vintage Watch, patina of the dial, hands and indices, ageing of the luminous material, and accuracy, power reserve or water resistance below current standards are due to age and do not constitute a defect.

3.6 The photographs depict the Watch sold, unless otherwise stated. Minor differences in colour due to lighting or to the Customer’s screen do not constitute a defect.

3.7 The Customer may request additional information or photographs before accepting the Offer. Information so given forms part of the Contract under the conditions of article 1.5.

Article 4 – Formation of the Contract

4.1 The Site serves a presentation function. Neither the presentation of a Watch nor the indication of its price on the Site or on any other medium constitutes a binding offer: it is an invitation to make contact. No Contract can be concluded on the Site.

4.2 A Customer who wishes to acquire a Watch sends a request to contact@kwatches.ch, stating the Watch desired (reference or link to the product page), their surname and first name, their billing and delivery addresses and a telephone number. This request binds neither the Customer nor Kwatches.

4.3 If the Watch is available, Kwatches sends the Customer an Offer by e-mail. The Offer states the identity and address of Kwatches, the Description, the applicable warranty regime (art. 12), the total price payable in CHF, the delivery and insurance costs, the delivery method, the terms and time limit for payment, the indicative delivery time and its period of validity; the GTC are attached to it. The Offer is valid for 24 hours and the Watch is reserved for the Customer during that period. For an exceptional Watch, in particular one that is very rare or the subject of numerous requests, the Offer may set a shorter period, which it states.

4.4 The Contract is concluded when the Customer accepts the Offer In Writing, without reservation and within its period of validity. Kwatches confirms the conclusion of the Contract by e-mail. A late acceptance or one containing modifications constitutes a new request.

4.5 Kwatches may decline to act on a request, in particular if the Watch is unavailable, if there is serious doubt as to the identity of the Customer or the origin of the funds, or if delivery outside Switzerland is requested.

4.6 The Customer ensures that their data is accurate and may correct it until acceptance of the Offer.

4.7 Amendment of the Contract. Any amendment or supplement to a concluded Contract requires the consent In Writing of both parties.

Article 5 – Prices, taxes and costs

5.1 Prices are stated in Swiss francs (CHF). As Kwatches is not registered for VAT, prices are final prices and no VAT is charged.

5.2 Delivery and insurance costs are stated in the Offer. The total price stated in the Offer is the price actually payable.

5.3 The applicable price is that of the accepted Offer. Any prices displayed on the Site are final prices in CHF; Kwatches may change them at any time, without effect on an Offer already accepted.

5.4 In the event of a price error that is manifest and recognisable by the Customer, in particular a price bearing no relation to the market value of the Watch, Kwatches may invoke error in accordance with the Code of Obligations. The Customer is then refunded in full.

Article 6 – Payment

6.1 The accepted means of payment are bank transfer, TWINT and Revolut, as well as cash in the case of hand delivery, within the limits of article 6.4.

6.2 The price is payable in full before dispatch or, in the case of hand delivery, at the latest upon handover. Kwatches neither delivers nor hands over the Watch before full payment of the price. In the case of bank transfer, the price must be credited within 5 Business Days following the conclusion of the Contract; the Watch is reserved during this period. This period is a fixed deadline: failing payment when due, Kwatches may withdraw from the Contract without setting an additional period (art. 108 para. 3 CO), at no cost to either party.

6.3 Kwatches does not, at present, accept payment by credit or debit card.

6.4 Cash payment. Cash payment is permitted only in the case of hand delivery (art. 8.2) and where the total price does not exceed CHF 5’000. It is made in Swiss francs, upon handover, against a receipt. Above this amount, the price is paid before handover by one of the means provided for in article 6.1.

6.5 Identity verification. Where the total price exceeds CHF 10’000, Kwatches may ask the Customer for an identity document or proof of address before delivery. If the Customer does not provide it within 5 Business Days following the request, Kwatches may withdraw from the Contract; it then refunds in full any amount paid.

Article 7 – Availability of the Watches

7.1 Pre-owned Watches are in principle unique pieces. A Watch presented on the Site may have been sold in the meantime.

7.2 If a Watch becomes unavailable after the conclusion of the Contract, Kwatches informs the Customer without delay. The Customer may then withdraw from the Contract; Kwatches refunds in full any amount paid within 10 Business Days, subject to article 15. A replacement watch may be delivered only with the consent In Writing of the Customer.

7.3 For a New Watch marked “to order”, the supply time stated in the Offer is indicative. If it is exceeded by more than 30 days, the Customer may withdraw from the Contract at no cost and be refunded in full.

Article 8 – Delivery, transfer of risk and of ownership

8.1 Territory. Kwatches delivers in Switzerland.

8.2 Delivery method. The Watch is shipped by Swiss Post, as a consignment insured up to the sale price and delivered against signature. The consignment is not left in a post office box or handed to a third party without the consent In Writing of the Customer. By agreement of the parties, the Watch may also be handed over to the Customer in person, by appointment, in Geneva, at the place stated in the Offer; the Customer then presents an identity document and inspects the Watch on the spot.

8.3 Time limits. An available Watch is shipped within 2 to 5 Business Days following receipt of payment. This time limit is indicative. If the Watch is not delivered within 15 Business Days following the expiry of this time limit, the Customer may set Kwatches, In Writing, an additional period of 10 Business Days; failing delivery within that period, the Customer may withdraw from the Contract and obtain a full refund of the amounts paid.

8.4 Transfer of risk. The risk of loss of and damage to the Watch passes to the Customer when the Watch is handed over to the Customer or to the person designated by the Customer In Writing. Until that moment, in particular during transport, it is borne by Kwatches.

8.5 Deliveries outside Switzerland. A Customer who wishes delivery outside Switzerland states this in their request. Kwatches is free to act on it. Where applicable, the Offer specifies the price, the shipping and insurance costs, the carrier, the payment terms and the allocation of customs duties, import taxes and customs clearance fees. Unless otherwise stated in the Offer, these duties, taxes and fees are borne by the Customer. The Customer checks that importation of the Watch is permitted in the country of destination, in particular for straps made of leather from protected species (CITES) and cases made of precious metals. The GTC apply to these sales, subject to the special terms of the Offer and to the applicable mandatory provisions (art. 21.3).

8.6 Transfer of ownership. Ownership of the Watch passes to the Customer upon handover, the price having been paid in full in accordance with article 6.2.

Article 9 – Receipt and inspection

9.1 Upon delivery, the Customer inspects the external condition of the parcel in the presence of the carrier. If the parcel is open or damaged, or if the seal is broken, the Customer makes reservations In Writing to the carrier or refuses the parcel, then informs Kwatches within 24 hours, with supporting photographs and video. Failure to comply with this time limit deprives the Customer of their rights only if Kwatches thereby loses its rights against the carrier or the insurer.

9.2 The Customer then checks, upon receipt, that the Watch corresponds to the Offer and to the Description. It is recommended to film the opening of the parcel.

9.3 Defects found are notified in accordance with article 12.4. Delivery of a watch other than the one designated in the Offer (different brand, model or reference) or the absence of an accessory mentioned in the Description is notified within the same time limit; Kwatches remedies it at its own expense.

Article 10 – Returns, exchanges and refunds

10.1 Every Contract concluded with Kwatches is binding. Kwatches grants no right of return, exchange or refund for mere convenience, in particular if the Watch, conforming to the Description, does not please, does not suit the wrist or does not meet the Customer’s personal expectations.

10.2 The following are reserved:

  • the Customer’s rights under the warranty (art. 12);

  • delivery of a watch other than the one designated in the Offer (art. 9.3);

  • the cases of refund provided for in articles 6.5, 7.2, 7.3 and 8.3.

10.3 Kwatches may, as a gesture of goodwill and without obligation, accept a return or exchange. Such a gesture applies to the specific case and creates no right for other Contracts.

10.4 Where a refund is due, it is made by the means of payment used or by bank transfer, within 14 days of receipt of the returned Watch or, if no return is necessary, of the right to a refund arising.

Article 11 – No right of withdrawal

11.1 Swiss law does not provide for a general right of withdrawal for contracts concluded at a distance, in particular by e-mail. The Customer therefore has no right of withdrawal.

11.2 Mandatory provisions of foreign law granting the Consumer a right of withdrawal are reserved, where they apply to a sale delivered outside Switzerland (art. 8.5). The terms for exercising this right are then specified in the Offer.

Article 12 – Statutory warranty and commercial guarantees

12.1 Principle: sale as described. Kwatches warrants that the Watch conforms to the Description, the particulars of which constitute promised qualities (art. 3.2), and that it is authentic (art. 14). For the rest, any warranty by Kwatches for defects in the Watch is excluded (art. 199 CO), subject to article 12.2. This exclusion does not apply to defects that Kwatches has fraudulently concealed. Manufacturing defects fall, where applicable, under the manufacturer’s warranty (art. 12.9).

12.2 New Watches without manufacturer’s warranty. Where a New Watch sold to a Consumer is not covered by any manufacturer’s warranty, Kwatches is liable for its defects in accordance with articles 197 et seq. of the Code of Obligations (CO), within the limits of the GTC.

12.3 Duration. The Customer’s rights become time-barred, from delivery:

  • New Watch sold to a Consumer: after two years;

  • Pre-owned Watch sold to a Consumer: after one year;

  • Watch sold to a Business Customer: after six months.

12.4 Notice of defects. The Customer notifies any defect In Writing without delay, at the latest within 7 days following receipt of the Watch for a defect detectable upon inspection, or within 7 days following its discovery for any other defect. The time limit is met if the notice is sent before it expires (art. 2.3). The notice describes the defect and is accompanied by photographs and, if possible, a video. In the absence of notice within these time limits, the Watch is deemed accepted as regards that defect, unless Kwatches intentionally concealed it.

12.5 Conditions for exercise. Upon discovering a defect, the Customer stops wearing the Watch where doing so may aggravate the defect, in particular in the event of moisture ingress or abnormal noise from the movement. Except in an emergency, the Customer does not have the Watch opened, repaired or modified by a third party without the consent In Writing of Kwatches. Aggravation of the defect resulting from breach of these obligations is not covered.

12.6 Customer’s rights. Where Kwatches’ warranty applies, Kwatches chooses to have the Watch repaired by a watchmaker of its choice, to replace it with an identical watch or to take it back against refund of the price. If repair is impossible or is not completed within 90 days following receipt of the Watch by Kwatches, the Customer may choose between a price reduction and rescission of the Contract (art. 205 CO). The Customer sends the Watch at their own expense, as an insured consignment; if the defect is covered, Kwatches reimburses these costs and bears the cost of return shipment. Claims for damages are governed by article 15.

12.7 Repair and replacement. Repair is carried out by a third-party watchmaker. The warranty that watchmaker grants on its work is passed on to the Customer; Kwatches assumes no warranty of its own on the repair, and the repair does not start a new period within the meaning of article 12.3. A replacement watch is subject to articles 12.1 to 12.4 from its delivery.

12.8 Exclusions. Even where the warranty of Kwatches or that of the manufacturer applies, the following are not covered:

  • normal wear and tear, in particular of leather, fabric or rubber straps, buckles, gaskets and crystals;

  • damage caused by impact, a fall, excessive pressure, exposure to a magnetic field, extreme temperatures or chemicals;

  • oxidation or water ingress resulting from use not in accordance with article 13 or from a crown not screwed down or not pushed in;

  • damage caused by opening, repair or modification carried out after delivery by a person other than Kwatches, the manufacturer or a watchmaker approved by either of them;

  • exhaustion of the battery of a quartz watch.

12.9 Manufacturer’s warranty. Where the manufacturer’s international warranty is still valid, the Watch is sold with that warranty; the Description states in each case whether it is present and its expiry date. The warranty documents are handed over with the Watch. The Customer exercises this warranty directly with the manufacturer or an authorised after-sales service; Kwatches is not the obligor under it and does not guarantee its acceptance by the manufacturer.

12.10 No commercial guarantee. Kwatches grants no commercial guarantee.

12.11 Business Customers. Towards a Business Customer, Kwatches’ warranty is limited to the conformity of the Watch with the Description and to its authenticity; article 12.2 does not apply. Notice of defects must be given immediately (art. 201 CO). Wilful deception is reserved (art. 199 CO).

12.12 Procedure. Before sending anything, the Customer contacts Kwatches at contact@kwatches.ch. The Watch is sent with its accessories and a copy of the Offer.

Article 13 – Special conditions relating to the Watches

13.1 Water resistance. The water resistance stated for a New Watch is that stated by the manufacturer. For a Pre-owned Watch, water resistance is guaranteed only if the Description mentions a water-resistance test, with its date. A Vintage Watch must not be exposed to water, unless otherwise stated in the Description. The water resistance of a watch decreases over time and with impacts; an annual check is recommended.

13.2 Use. The Customer uses the Watch in accordance with the manufacturer’s instructions, in particular for winding, setting the time and adjusting functions (calendar, chronograph). Date adjustments must not be made during the time window advised against by the manufacturer.

13.3 Maintenance. A mechanical watch requires periodic servicing in accordance with the manufacturer’s recommendations. Wear caused by lack of maintenance after delivery is not covered by the warranty.

13.4 Straps and sizing. Kwatches does not size straps. The Customer has the strap sized by an authorised dealer of the brand or by a watchmaker. A strap not sized to the Customer’s wrist does not constitute a defect.

13.5 Parts and services. A Pre-owned Watch may contain parts replaced during previous services. Kwatches states in the Description the non-original parts of which it is aware.

Article 14 – Authenticity, provenance and certificates

14.1 Kwatches warrants that each Watch is authentic, that is to say produced by the manufacturer whose brand it bears. A replacement part mentioned in the Description does not call authenticity into question. Kwatches sells no counterfeits and no watch whose provenance could not be verified.

14.2 Before offering it for sale, Kwatches inspects each Pre-owned Watch, in particular its movement, serial number and reference.

14.3 The documents supplied (box, certificate of origin, warranty card, invoices, expert certificates) are stated in the Description. Their absence does not affect the authenticity of the Watch. Certificates issued by third parties are passed on as they are.

14.4 Dispute. A Customer who disputes the authenticity of the Watch may have it examined by the manufacturer or by an independent watch expert established in Geneva and appointed by mutual agreement. If the examination establishes that the Watch is not authentic, Kwatches takes it back and refunds the Customer the price, the shipping costs and all the costs of the examination. If the examination confirms authenticity, its costs are borne by the Customer. The Customer’s rights become time-barred in accordance with article 12.3; in the event of wilful deception, Kwatches may not rely on the limitation period.

14.5 In order to prevent fraud, the serial number is neither published on the Site nor disclosed before the sale. The Customer learns of it upon handover of the Watch.

14.6 Watch brands are cited solely to designate the Watches. Kwatches is an independent reseller; it is neither an authorised dealer nor affiliated with the manufacturers whose watches it sells.

Article 15 – Liability

15.1 Kwatches is liable without limitation for damage caused intentionally or by gross negligence, and for injury to life, body or health.

15.2 In the case of slight negligence, Kwatches’ liability is limited to the damage it could reasonably foresee at the time of conclusion of the Contract, up to the price of the Watch concerned. Excluded in that case are loss of profit, in particular loss of an expected capital gain or of a resale opportunity, and the costs of financing the purchase.

15.3 Articles 15.1 and 15.2 apply whatever the basis of the claim, whether contractual, pre-contractual or non-contractual, and to the acts of Kwatches’ auxiliaries.

15.4 Mandatory provisions, in particular those of the Federal Act on Product Liability, are reserved.

15.5 Kwatches does not guarantee that the Site will be accessible without interruption or error. It is not liable for the content of third-party sites to which the Site links.

Article 16 – Force majeure

16.1 Force majeure means any event outside Kwatches’ sphere, unforeseeable and irresistible, which prevents or delays the performance of its obligations, in particular, without this list being exhaustive: natural disaster, epidemic, war, riot, decision of an authority, strike or disruption at a carrier or supplier, general failure of communication networks.

16.2 Kwatches informs the Customer In Writing without delay. The obligations concerned are suspended for the duration of the event, and Kwatches is not liable for the resulting delay or non-performance.

16.3 If the impediment lasts more than 30 days, either party may withdraw from the Contract In Writing; the amounts paid are then refunded in full, without further compensation.

16.4 This article does not alter the allocation of risk provided for in article 8.4.

Article 17 – Protection of personal data

17.1 Controller. The controller is Kwatches (art. 2), who can be reached at contact@kwatches.ch. Its identity and address are provided on request and in each Offer. Data is processed in accordance with the Federal Act on Data Protection (LPD).

17.2 Data processed. Kwatches processes only the data necessary for the request and the Contract: surname, first name, billing and delivery addresses, e-mail address, telephone number, content of the e-mails exchanged, details of the Contract and payment reference. Where applicable, the identity verification provided for in article 6.5 is added.

17.3 Purposes. This data is used exclusively to process the request, perform the Contract, manage the warranty and the Customer’s requests, and comply with Kwatches’ legal obligations. Kwatches sends no newsletter, carries out no profiling and neither sells nor rents its Customers’ data.

17.4 Recipients. Data is disclosed only to the third parties necessary for performance of the Contract: the e-mail provider, Swiss Post, the institution used for payment (bank, TWINT or Revolut), the Site’s host and, where applicable, a tax adviser or accountant. It is disclosed to the authorities where required by law.

17.5 Disclosure abroad. Kwatches does not disclose personal data abroad. Where the Customer pays by Revolut, the payment data is processed by that institution, established outside Switzerland, under its own terms.

17.6 Retention. Data is retained for as long as necessary for performance of the Contract and the warranty, then for the duration of the statutory retention obligations, in particular tax obligations (in principle ten years for supporting documents). It is then erased.

17.7 Cookies. The Site uses only the cookies technically necessary for its operation. It uses no analytics, tracking or advertising tools.

17.8 Customer’s rights. The Customer may request access to their data, its rectification, its erasure where no legal obligation precludes it, and its provision in a common format, by writing to contact@kwatches.ch. The Customer may contact the Federal Data Protection and Information Commissioner (PFPDT).

17.9 Security. Kwatches takes appropriate technical and organisational measures to protect data against loss and unauthorised access.

Article 18 – Intellectual property

18.1 The texts, photographs, logos and layout of the Site belong to Kwatches or are used with the permission of their owners. Any reproduction, even partial, without the authorisation In Writing of Kwatches is prohibited.

18.2 The trade marks and names of watch manufacturers belong to their respective owners. Their mention on the Site serves solely to designate the Watches offered (art. 14.6).

Article 19 – Use of the Site

19.1 Users of the Site use it lawfully and refrain from any action likely to disrupt its operation, in particular automated extraction of content.

19.2 The Customer warrants the accuracy of the data provided in their request. The Customer bears the consequences of an incorrect delivery address, in particular re-shipping costs.

19.3 Kwatches may modify, suspend or discontinue the Site, in whole or in part, without notice. Contracts already concluded are not affected.

Article 20 – Customer service and complaints

20.1 Any question or complaint is sent to contact@kwatches.ch, quoting the reference of the Offer. Kwatches replies within 5 Business Days, excluding public holidays and closure periods announced on the Site (art. 1.2).

20.2 The parties endeavour to settle any dispute amicably. This step is not a precondition to legal action and neither interrupts nor suspends any time limit, in particular any limitation period.

Article 21 – Governing law and jurisdiction

21.1 The Contract is governed by Swiss law, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG, Vienna Convention).

21.2 Consumers. The Consumer may bring proceedings before the court of their domicile or of that of Kwatches. Kwatches may bring proceedings only before the court of the Consumer’s domicile.

21.3 Consumers resident abroad. More favourable mandatory provisions of the law of the State of the Consumer’s habitual residence, and mandatory rules of jurisdiction, are reserved where they apply.

21.4 Business Customers. Any dispute between Kwatches and a Business Customer arising out of or in connection with the Contract, including of a pre-contractual or non-contractual nature, falls within the exclusive jurisdiction of the courts of Geneva. Kwatches may also bring proceedings at the domicile or registered office of the Business Customer.

Article 22 – Final provisions

22.1 Amendment of the GTC. Kwatches may amend the GTC at any time. An amendment applies only to Offers issued after its publication; a Contract already concluded remains governed by the version attached to the accepted Offer.

22.2 Severability. If a provision of the GTC or of the Contract is void or unenforceable, the other provisions remain valid. The void provision is replaced by the applicable statutory rules.

22.3 Assignment. The Customer’s rights under the Contract may be assigned to a third party only with the consent In Writing of Kwatches.

22.4 Language. The GTC are drafted in French. In the event of translation, the French version prevails.

22.5 Version of 5 November 2026.