Terms of Service

1. Who provides the service

1.1 The Vautier Store platform is operated by James Vautier, self-employed sole proprietor, trading under the business name "Agence Vautier", Avenue Cardinal Mermillod 36, 1227 Carouge, Switzerland (hereinafter "Vautier" or "we").

1.2 Contact: contact@agencevautier.ch, +41 22 300 08 29.

1.3 Agence Vautier is not entered in the commercial register and is not registered for Swiss value added tax (VAT).

2. Definitions

• Merchant ("you"): the natural or legal person who opens an account on Vautier Store to operate an online store in the course of its business or professional activity.
• Store: the online store created by the merchant on the platform, with its storefront, its dashboard and its data.
• Team member: a person invited by the merchant to access the dashboard (Owner, Admin and Staff roles).
• End customer: a person who visits a merchant's store or places an order there.
• Subscription: the paid plan chosen by the merchant, which determines the features and limits of its store.
• Merchant content: the products, texts, images, data and other content entered by the merchant or its team.

3. Subject matter and scope

3.1 Vautier Store is online software (SaaS) that makes it possible to create and operate an online store. Vautier makes the platform available; Vautier is neither the seller, nor the intermediary, nor the agent of the merchant in its sales. Sales contracts are concluded exclusively between the merchant and its end customers.

3.2 The general terms and conditions of the merchant or of third parties do not apply, unless Vautier agrees in writing.

3.3 The processing of personal data is described in the Privacy Policy, published on vautier.store.

4. Who may open an account

4.1 Vautier Store is reserved for professionals: businesses and self-employed persons established in Switzerland, in the European Union or in the European Economic Area. The platform is not intended for consumers. By opening an account, you confirm that you are acting in the course of your business or professional activity.

4.2 The person opening the account must be of legal age and authorised to bind the merchant.

4.3 Vautier may refuse to open an account for a legitimate reason, in particular where there are indications of abuse or unlawful activity.

5. Conclusion of the contract

5.1 The contract is concluded when you create your account. Creation takes place in several steps: (1) entry of your e-mail address or choice of "Continue with Google"; (2) confirmation of the address by a one-time code sent by e-mail, or confirmation by Google; (3) choice of a plan; (4) configuration and creation of the store. Before confirming a step, you can correct the information entered.

5.2 When the account is created, the version of these terms that you accept and the date of acceptance are recorded with your account, together with the version of the Privacy Policy that was presented to you.

5.3 The creation of your account is confirmed to you immediately on screen.

6. Account access and security

6.1 You sign in by means of a one-time code sent to your e-mail address or with your Google account. Invited team members may also use a password.

6.2 You are responsible for the confidentiality of your means of access (e-mail inbox, Google account, password) and for the actions carried out by your team members in your dashboard. Inform us without delay if you suspect unauthorised access.

6.3 Vautier will never ask you for your sign-in code or your password.

7. Store, team and access

7.1 Each merchant account includes one store. The holder of the Owner role is responsible for the store, its subscription and its team; they may invite members with the Admin or Staff roles, within the number of seats provided for by the plan.

7.2 Your store, its content and your relationships with your end customers belong to you.

7.3 Authorised Vautier personnel may access store data by means of the platform's administration tools, solely to the extent necessary for operation, support, security or compliance with legal obligations. Modification actions carried out by such personnel are logged.

8. Services

8.1 Vautier Store makes it possible, in particular, to create a store at a platform address (yourstore.vautier.store); to manage products, variants, stock, categories, images, orders, customers, shipping, taxes, coupons and payment methods; to adapt the storefront by means of themes; depending on the plan, to connect a custom domain name; and to export the store's data.

8.2 The scope of features and the limits (number of products and of team members, themes, custom domain, advanced tools) depend on the plan, as presented on the pricing page and in your dashboard.

8.3 Only the features actually available in your dashboard form part of the services owed. Features announced as "coming soon" do not constitute a commitment. As at the date of this version, online subscription to paid plans and online payment for end customers via the merchant's Stripe account are not yet open.

8.4 Vautier develops the platform continuously and may modify, add or withdraw features. The withdrawal or substantial reduction of an essential feature of a current paid subscription is announced to you in advance; if this change disadvantages you significantly, you may cancel the subscription with immediate effect, and Vautier refunds you the amount paid for the unused period.

9. Service in launch phase (beta)

9.1 Vautier Store is currently in a launch phase (beta). The platform is continuously developed and improved: features may be added, modified or withdrawn, and how they are presented may change.

9.2 During this phase, temporary malfunctions or service interruptions may occur more often than with an established service. Vautier endeavours, with the diligence of a professional service provider, to prevent them and to correct them within a reasonable time. No quantified availability guarantee is given.

9.3 Support is provided by e-mail, on working days, within a reasonable time; no guaranteed response time is agreed.

9.4 Material changes to the service are announced to you in accordance with clauses 8.4 and 23.

9.5 The launch phase restricts neither your contractual rights nor Vautier's legal obligations. In particular, it does not limit Vautier's liability (clause 22), does not reduce Vautier's obligations with regard to data protection and data security, does not permit Vautier to delete a store or data outside the cases provided for in clauses 10, 15 and 17, and does not change the security measures described in the Privacy Policy. The end of the launch phase does not terminate your contract.

9.6 We recommend that you export your store's data regularly (clause 17.1).

10. Free trial and promotional access

10.1 Free trial. Every new store receives a free trial of 3 days, which starts when the store is created. No payment card is required. During the trial, the store has the features and limits of the Scale plan.

10.2 No automatic payment. The end of the trial, or of promotional access, does not trigger any payment. A paid subscription is concluded only if you choose it and expressly authorise it (choice of plan, billing period and payment method). Nothing is charged for the trial or for free promotional access, either during it or retroactively.

10.3 End of the trial: pause. If the trial, or promotional access, ends without a subscription, the store is paused: it remains viewable but no longer accepts new orders; the dashboard remains accessible, including for exporting data; the plan's features and limits no longer apply (for example, it is no longer possible to add products). No data is deleted because the trial ends. Subscribing to a plan, or an agreement under clause 10.4, reactivates the store.

10.4 Individually agreed promotional access. During the launch phase, Vautier may, at its discretion, agree individually with a merchant on an extension of the trial or on other promotional access, free of charge or on special terms. Such an agreement exists only if Vautier confirms it in writing (an e-mail is sufficient), stating its duration and conditions. It creates no right to any further extension and no right for other merchants. When it ends, clause 10.3 applies, unless a new written agreement is made.

10.5 Online subscription not yet available. As long as online subscription is not open (clause 8.3), nothing is owed. If your trial ends during this period, Vautier will contact you to agree on next steps under clause 10.4. The trial is not extended automatically.

10.6 One trial per business. The free trial is granted once per business. Vautier may refuse a new trial or end it where the same business tries to obtain it more than once, for example through multiple accounts, or in the event of abuse.

10.7 Changes to the trial. Vautier may change the length or conditions of the trial for stores created after the change; a trial in progress is not shortened.

11. Prices and VAT

11.1 Plan prices are shown in Swiss francs (CHF), per month or per year, on the pricing page. The annual subscription corresponds to ten monthly instalments.

11.2 Agence Vautier is not registered for Swiss VAT: no VAT is charged. If Vautier becomes liable for VAT, VAT will be added to prices in accordance with the law; this change will be announced to you in accordance with clause 13.3.

11.3 Merchants established outside Switzerland are responsible for any taxes due in their State as a result of purchasing a subscription.

12. Subscription, payment and renewal

12.1 This clause applies as soon as online subscription is open.

12.2 Subscriptions are payable in advance, monthly or annually, by card via the payment service provider Stripe. Vautier does not store your card data.

12.3 The subscription renews automatically for a period of the same length, at the price then in force, unless cancelled in accordance with clause 14.

12.4 If you subscribe during the trial, your payment method is saved and the first payment is charged only at the end of the trial (clause 10.2).

12.5 An upgrade to a higher plan takes effect immediately; the price difference for the current period is charged pro rata. A downgrade to a lower plan or a change from annual to monthly payment takes effect at the end of the current period. The dashboard shows the exact effect before any confirmation.

13. Late payment and price changes

13.1 This clause applies to paid subscriptions, as soon as online subscription is open.

13.2 If a payment fails, you have a grace period of 14 days to settle it; on expiry of this period, the store is paused (clause 10.3) until payment is made. If the first payment after the trial fails, the store is paused immediately. Pausing does not delete any data.

13.3 Vautier may change subscription prices with effect from the next renewal, subject to at least 30 days' notice given by e-mail. You may cancel the subscription before the effective date; otherwise, the new price applies from the next renewal.

13.4 If a subscription remains unpaid for more than 90 days, Vautier may terminate the contract (clause 15.3). This right is exercised by a decision of Vautier, communicated in writing; it is not applied automatically by the platform.

14. Cancellation by the merchant and refunds

14.1 You may cancel your subscription at any time in your dashboard. Cancellation takes effect at the end of the period already paid; you may withdraw the cancellation until that date. Your store is then paused (clause 10.3).

14.2 Amounts paid for the current period are not refunded in the event of cancellation by the merchant. Vautier refunds pro rata the amount paid for the unused period where Vautier terminates the subscription without cause (clause 15.2) or where you cancel because of a change under clause 8.4. Mandatory statutory rights are reserved.

14.3 Permanent closure of the account and deletion of data are governed by clause 17.

15. Suspension and termination by Vautier

15.1 Vautier may suspend, in whole or in part, access to an account or a store, in particular in the event of a serious breach of these terms, unlawful use or manifestly unlawful content, where required by law or by an authority, or to protect the platform, other merchants, end customers or the public (for example in the event of a security incident). The suspension is limited to what is necessary. Except in an emergency, Vautier informs you in advance and gives you the opportunity to remedy the situation.

15.2 Vautier may terminate a current paid subscription without any particular reason, subject to 60 days' notice to the end of a month; the amount paid for the period after the end of the contract is refunded to you pro rata.

15.3 Vautier may terminate the contract with immediate effect for good cause, in particular in the event of a serious breach persisting despite a formal notice, unlawful activity or payment default of more than 90 days (clause 13.4).

15.4 The end of the launch phase (clause 9) is not a termination. On termination of the contract, whatever the cause, clause 17 applies.

16. Your obligations as a merchant

16.1 You are the seller vis-à-vis your end customers. You are responsible in particular for:

• the products and services you offer, their descriptions, prices, availability and conformity;
• your own terms of sale, returns information and data protection information for your end customers (your store has pages provided for this purpose, the content of which you write);
• the legal notice of your store (identity and contact address, including the e-mail address) and the other obligations of e-commerce, in particular under art. 3 para. 1 let. s of the Federal Act against Unfair Competition (UCA);
• the correct indication of prices to consumers, in particular in Swiss francs for Swiss customers;
• the tax rates you configure and your tax obligations;
• the fulfilment of orders, delivery, returns and customer service;
• compliance with the laws applicable to your activity and to sales to your customers, including in the countries to which you sell;
• the lawfulness of the content, images and data you enter, and the necessary rights to them;
• sending advertising communications to your customers only in compliance with the law.

16.2 Your customers' payments are intended for you: payment in cash or by card on delivery or, when this feature becomes available, online payment via your own Stripe account. Vautier does not hold your funds and does not take any commission on your sales.

17. Export, account closure and data deletion

17.1 The holder of the Owner role may request at any time, from the dashboard, an export of the store's data; the file can be downloaded for 72 hours (no more than three exports per day).

17.2 To permanently close your account and delete your store, send a written request to contact@agencevautier.ch from the e-mail address of the holder of the Owner role. Closure and deletion are carried out manually by Vautier: Vautier confirms the request, reminds you of the possibility of exporting your data and informs you before deletion. The store's data is deleted within a reasonable time after closure.

17.3 The following are retained beyond deletion, to the extent necessary: accounting records for the period prescribed by law; the log of the platform's administrative actions, which contains technical identifiers; data that the law requires to be retained. Deleted data may temporarily persist in backup copies, in accordance with the rules described in the Privacy Policy.

17.4 Your data protection rights, in particular the rights of access and erasure, are reserved (see the Privacy Policy).

18. Prohibited use

18.1 It is prohibited to use Vautier Store to:

• sell goods or services that are unlawful, or that you are not authorised to sell;
• publish content that is unlawful, misleading or infringes the rights of third parties;
• send unsolicited advertising messages or collect personal data unlawfully;
• attempt to access other stores, accounts or data, test or circumvent the platform's security, or disrupt the service;
• use the service in a manner that places an unreasonable load on it.

18.2 Vautier may disable access to manifestly unlawful content reported to it, informing the merchant accordingly, unless prohibited by law or by an authority. Reports may be sent to contact@agencevautier.ch.

19. Third-party services

19.1 Certain features rely on third-party services (for example Google for sign-in, Stripe for payments, registrars for domain names). Their use may be subject to the terms of those third parties, which you conclude directly with them where they so require.

19.2 Vautier is not responsible for the availability or the services of those third parties, subject to clause 22.

20. Domain names

20.1 Addresses on the platform's domain (yourstore.vautier.store) are made available as part of the service, for the duration of the contract.

20.2 Depending on your plan, you may connect a domain name of which you are the registrant. That domain remains yours; you remain responsible for its registration, renewal and configuration. Vautier obtains the necessary security certificate from Let's Encrypt.

21. Availability, maintenance and security

21.1 Vautier endeavours, with the diligence of a professional service provider, to keep Vautier Store available and secure. No uninterrupted availability is guaranteed and no quantified service level is agreed.

21.2 Maintenance work is carried out, as far as possible, outside peak usage hours and without interruption; where a foreseeable interruption is necessary, Vautier announces it in advance as far as possible.

21.3 Vautier takes appropriate technical and organisational measures to protect data (see the Privacy Policy). It is your responsibility to keep your own exports.

22. Liability

The liability of each party is governed by the applicable law. These terms add no exclusion or limitation of liability.

23. Changes to these terms

23.1 Vautier Store is a constantly evolving platform. These terms may be amended to reflect changes in our services, in how we operate or in legal requirements. Each version is dated and identified.

23.2 Material changes are announced to you by e-mail within a reasonable time before they take effect. Where a change requires your acceptance, it applies to you only once accepted; failing that, the version you accepted continues to apply, and either party may terminate the contract in accordance with these terms. Changes required by law or purely editorial changes may take effect earlier.

23.3 A new version applies only from its effective date, never retroactively, and does not affect acquired rights.

23.4 The acceptance you give, with its version and date, is recorded and retained. Previous versions remain available for consultation on vautier.store.

24. Intellectual property

24.1 The platform, its software, its themes, its design and the Vautier Store name and logo belong to Vautier or its licensors. For the duration of the contract, Vautier grants you a non-exclusive and non-transferable right to use the platform to operate your store. It is prohibited to copy, resell, decompile or extract the platform's code, except to the extent that the law mandatorily permits it.

24.2 You retain all rights in the merchant content. You grant Vautier the rights necessary to host, process, reproduce and display it for the purpose of providing the service, for the duration of the contract and of the retention provided for in clause 17.

24.3 The demonstration content offered during configuration (sample products, texts and images) serves to discover the platform and must be replaced before you start selling.

25. Data protection

25.1 For the personal data of the merchant and its team (account, sign-in, support), Vautier is the controller; this processing is described in the Privacy Policy.

25.2 For the personal data of end customers that the merchant manages in its store, the merchant is the controller and Vautier acts as processor (art. 9 of the Federal Act on Data Protection, FADP). In this context, Vautier:

• processes this data solely to provide the service and in accordance with your instructions, as they result from these terms and from your use of the dashboard;
• ensures that the persons authorised to process it are bound by confidentiality;
• takes appropriate security measures;
• uses the sub-processors Amazon Web Services (hosting in Frankfurt, Germany) and Hostinger (sending of e-mails), and informs you by e-mail before adding or replacing one;
• forwards to you the requests from end customers that it receives and assists you in responding to them;
• informs you as soon as possible of any data security breach concerning your store;
• at the end of the contract, deletes this data in accordance with clause 17, unless there is a legal obligation to retain it.

25.3 You are responsible for having a ground for justification for processing your end customers' data and for informing them in accordance with the law.

26. Communications

Communications relating to the contract are sent to you by e-mail to the address of the holder of the Owner role. You write to us at contact@agencevautier.ch. E-mails relating to the account (sign-in codes, invitations, contractual notices) are part of the service; Vautier does not send advertising communications without your consent.

27. Governing law, place of jurisdiction and language

27.1 The contract is governed by substantive Swiss law, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).

27.2 The courts of Geneva (Switzerland) have jurisdiction over any dispute arising from the contract, subject to mandatory places of jurisdiction and applicable international conventions. This clause does not restrict any mandatory protection provided for by law.

27.3 These terms exist in French, German, Italian and English. In the event of discrepancies between the language versions, the French version prevails.

28. Final provisions

28.1 If a provision is void or unenforceable, the other provisions remain valid; the provision concerned is replaced by a rule that comes as close as possible to the purpose pursued.

28.2 Before taking any legal action, the parties shall endeavour to settle their dispute amicably; you may write to us at contact@agencevautier.ch.