These Terms of Service explain the rules that apply when you visit our website and buy our unique artworks. Please read them carefully, as they contain important information about your legal rights, including warranty and liability.
1. Provider, scope and language
1.1 These Terms of Service (the “Terms”) apply to every visit to and every purchase made through the website vignettes.site (the “Website”). The Website is operated by Vignettes, Arno Mathies & Audrey, route de l’etraz 20A, 1260 Nyon, Switzerland, company identification number (UID) [CHE-xxx.xxx.xxx], email: contact@vignettes.site (“we”, “us” or “our”).
1.2 Through the Website we sell unique original artworks and related products and services to you, the customer (the “Artworks” and, together with the Website, the “Services”).
1.3 These Terms, together with the policies referred to in them, in particular our Privacy Policy and our Refund Policy [LINK], describe your rights and obligations when you use the Services.
1.4 By placing an order or otherwise using the Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, please do not use the Services.
1.5 The version of the Terms in force at the time of your order applies to that order. Different or additional terms of the customer do not apply unless we expressly agree to them in writing.
1.6 The Terms are provided in English. Any translation is for convenience only; in case of discrepancies the English version prevails.
2. Access and account
2.1 By using the Services you confirm that you are at least 18 years old and have the legal capacity to enter into contracts. Minors may only order with the prior consent of their legal representatives.
2.2 To place an order, you will be asked to provide certain information, such as your name, email address, billing, delivery and payment details. You confirm that all information you provide is correct, current and complete, and that you are entitled to provide it. Please keep your details up to date so that we can process your order and contact you where necessary.
2.3 If you create a customer account, you are responsible for keeping your login credentials secure and for all activity under your account. You may not transfer, sell or license your account to anyone else. Please inform us without delay if you suspect unauthorised use.
3. Our Artworks
3.1 Unique originals. Each Artwork is an original and unique piece handmade by Vignettes. Natural variations in materials, texture, brushwork and colour are characteristics of an original artwork and are not defects.
3.2 Presentation on the Website. We make every effort to describe and photograph our Artworks accurately, including title, technique, dimensions and, where applicable, framing. However, colours and appearance may differ from what you see on your screen because of your device, display settings and lighting. Dimensions are approximate (usual tolerance: ±1 mm). Descriptions and images are not a guarantee of any property unless we expressly say so in writing.
3.3 Authenticity. Each Artwork is signed by the artist and delivered with a certificate of authenticity.
3.4 One-time availability. Because every Artwork is unique, it can be sold only once. We may also offer our Artworks in exhibitions, galleries or in person. If an Artwork is no longer available when we process your order, we will inform you without delay and refund any amount you have already paid.
3.5 Care. To preserve the Artwork, please follow the care instructions provided with it and avoid direct sunlight, heat, humidity and rough handling. These instructions are informative and do not limit your statutory warranty rights.
3.6 We may change product descriptions, discontinue Artworks or limit quantities at any time for future orders. Orders that we have already accepted are not affected.
4. Orders and conclusion of the contract
4.1 The presentation of Artworks on the Website is not a binding offer, but an invitation for you to make an offer.
4.2 Ordering process. You select an Artwork, add it to your cart, enter your details, and choose your delivery and payment method. Before submitting, you will see a summary of your order on which you can check and correct your entries (including by going back to the previous steps). By clicking the final order button (e.g. “Aqcuire this work”), you submit a binding offer to purchase the Artwork.
4.3 Confirmation. We will confirm receipt of your order by email without delay. This confirmation of receipt is not yet acceptance of your offer. The contract is concluded when we confirm acceptance of your order by email or ship the Artwork, whichever occurs first. Payment must be received and processed before we accept your order.
4.4 We may decline an order for good reason, for example if the Artwork is no longer available, if payment fails, if we suspect misuse or fraud, or if legal requirements prevent us from completing the sale. We will notify you using the contact details you provided and refund any amount already paid.
4.5 Cancellation, returns and exchanges. Swiss law does not grant a general statutory right of withdrawal for purchases made online. Once we have accepted your order, you can therefore cancel it only with our consent. Returns and exchanges are governed solely by our Refund Policy. Your statutory warranty rights (Section 7) and any mandatory consumer rights under the law of your country of residence remain unaffected.
4.6 Our Services are directed primarily at private customers. If you wish to purchase Artworks for commercial resale (for example as a dealer or gallery), please contact us beforehand.
4.7 Legal compliance. We may request identification and further information from you where this is necessary to comply with Swiss law, including anti-money laundering and sanctions legislation. If you do not provide the requested information, or if a sale would be unlawful, we may decline or cancel the order and refund any amount paid.
5. Prices and payment
5.1 The price applicable to your order is the price displayed at the time you place the order and stated in your order confirmation. Prices, discounts and promotions may change at any time for future orders. Promotions may be subject to separate conditions; if these conflict with the Terms, the promotion conditions prevail for that promotion.
5.2 Prices are shown in Swiss francs (CHF), euros (EUR) or US dollars (USD), depending on your location. The amount shown at checkout in the selected currency is binding. Any currency conversion fees or charges of your bank or card issuer are your responsibility.
5.3 Value added tax (VAT):
• For deliveries to all other countries (including Europe), prices are displayed excluding Swiss VAT.
5.4 Unless expressly stated otherwise, prices for international orders do not include import VAT, customs duties, taxes or carrier handling fees of the destination country. These charges are determined by the destination country, are borne by you, and may be collected by the carrier or the customs authorities upon or after delivery.
5.5 Shipping costs, if any, are shown separately before you submit your order.
5.6 Payment. You can pay with the payment methods offered at checkout. Payments are processed by third-party payment service providers integrated into the Website [e.g. Stripe, PayPal]. Payment is due when you place your order, unless we have agreed otherwise in writing. You confirm that (i) the payment information you provide is valid and correct, (ii) you are authorised to use the chosen payment method, and (iii) you will pay all amounts due, including shipping costs and applicable taxes. If a payment is refused, reversed or not completed, we may cancel the order.
5.7 Retention of ownership. The Artwork remains our property until we have received full payment.
6. Shipping and delivery
6.1 We deliver to the countries offered at checkout. Artworks are carefully packaged for transport and shipped with tracking. Please make sure your delivery address is complete and correct; additional costs resulting from incorrect or incomplete addresses are your responsibility.
6.2 Delivery times shown on the Website or in our communications are estimates and are not binding unless we expressly confirm a fixed date in writing. We are not responsible for delays caused by carriers, customs processing or events beyond our reasonable control (such as strikes, natural events or official measures). If delivery is considerably delayed or a binding delivery date is missed, you may set us a reasonable grace period in writing and, if it expires without delivery, withdraw from the contract in accordance with Art. 107 of the Swiss Code of Obligations (CO) and receive a refund of any amount paid.
6.3 Risk of loss. For consumers, benefit and risk of loss or damage to the Artwork pass to you when the Artwork is delivered to you. For business customers, they pass when we hand the Artwork over to the carrier. Ownership passes to you upon full payment (see Section 5).
6.4 Inspection on receipt. Please inspect the Artwork and its packaging immediately upon delivery. If you notice transport damage, record it on the carrier’s delivery receipt where possible, keep all packaging, and notify us without delay, within 48 hours of delivery, with photographs of the Artwork and the packaging.
6.5 International shipments. For deliveries outside Switzerland you are responsible for complying with the import regulations of the destination country and for paying all import charges (see Section 5). If you refuse delivery or do not collect the shipment, we may charge you the costs of the return shipment.
7. Warranty for defects
7.1 The statutory warranty for defects under Art. 197 et seq. CO applies. We warrant that the Artwork has the properties we have expressly promised, as well as the properties you may reasonably expect, and that it is free of defects that materially reduce its value or its fitness for its intended use.
7.2 The following are not defects: natural variations typical of an original, handmade artwork; slight differences in colour due to your display; and wear or damage caused by improper handling, storage or display after delivery.
7.3 Please inspect the Artwork promptly after delivery and notify us of any defect without delay, describing the defect and attaching photographs. Defects that were not discoverable on proper inspection must be reported without delay after you discover them (Art. 201 CO).
7.4 Because each Artwork is unique, a replacement is generally not possible. If a defect is established, you may choose between rescission of the purchase (return of the Artwork against refund of the price) and a reduction of the price (Art. 205 CO). We may offer you a repair or restoration instead, which you are free to accept. If your claim is justified, we bear the cost of return shipping.
7.5 Claims under the warranty become time-barred two years after delivery of the Artwork (Art. 210 CO).
7.6 Nothing in these Terms excludes our liability for defects that we have fraudulently concealed (Art. 199 CO).
8. Intellectual property
8.1 Artworks. All copyright and related rights in the Artworks, including their images on the Website, remain with the artist Audrey Julien & Arno Mathies under the Swiss Copyright Act. The sale of an Artwork transfers ownership of the physical object only, and does not transfer the copyright (Art. 16 Copyright Act). You may keep, display, lend and resell the physical Artwork. Any reproduction, publication, communication to the public or commercial use of the Artwork or its image requires our prior written consent, except to the extent permitted by mandatory law (for example private use).
8.2 Website content. The Website, including all trademarks, brands, texts, displays, images, graphics, videos, audio, and the design, selection and arrangement of the content, is owned by Vignettes, its affiliates or licensors and is protected by Swiss and international copyright, trademark and other intellectual property laws.
8.3 These Terms permit you to use the Website for your personal, non-commercial use only. You may not reproduce, distribute, modify, create derivative works from, publicly display, republish, download, store or transmit any of the Website content without our prior written consent. Nothing in these Terms grants you a licence or other right under any intellectual property right of Vignettes, Squarespace or any third party, except as expressly stated. All rights not expressly granted are reserved.
8.4 The names, logos, product and service names, designs and slogans of Vignettes are trademarks of Vignettes or its affiliates or licensors and may not be used without our prior written permission. The names, logos, product and service names, designs and slogans of Squarespace are trademarks of Squarespace. All other names and logos on the Website are the trademarks of their respective owners.
9. Optional tools
9.1 We may give you access to tools offered by third parties as part of the Services. We neither monitor nor control these tools and they are provided “as available”, without endorsement.
9.2 You use such tools at your own risk and should familiarise yourself with the terms of the relevant third-party provider. To the extent permitted by law, we are not liable for the use of third-party tools.
9.3 We may offer new features, tools or resources through the Services in the future. Such new features are also subject to these Terms.
10. Third-party links
10.1 The Website may contain links to websites operated by third parties, including embedded third-party functionality. We do not examine or evaluate the content or accuracy of third-party materials or websites. If you leave the Website to access them, you do so at your own risk.
10.2 To the extent permitted by law, we are not liable for any damage connected with your access to third-party websites or your purchase or use of products, services or content on them. Please review the policies of the third party before engaging in any transaction. Complaints and questions about third-party products or services should be addressed to the third party.
11. Relationship with Squarespace
11.1 The Website is built and hosted using Squarespace, a website and e-commerce platform operated by Squarespace, Inc. and its affiliates (“Squarespace”). Squarespace provides the technology that enables us to offer the Services to you.
11.2 All sales and purchases made through the Website are made directly between you and Vignettes. Squarespace is not a party to the contract of sale and, to the extent permitted by law, is not responsible for the Artworks, their delivery, or any warranty, defect or other claim arising from your purchase. You should direct all such claims to us.
12. Data protection
12.1 We process personal data in accordance with the Swiss Federal Act on Data Protection (FADP) and, where applicable, other data protection laws such as the EU General Data Protection Regulation. Our Privacy Policy [LINK] explains what personal data we collect, for what purposes, to whom we disclose it and what rights you have.
12.2 Because the Website is hosted on Squarespace, information you submit through the Website is transmitted to and processed by Squarespace, as well as by other service providers such as payment providers and carriers. These recipients may be located in countries outside Switzerland, including the United States. Where required, we ensure appropriate safeguards for such transfers. Squarespace may also process certain personal data for its own purposes; for details, see Squarespace’s privacy policy at www.squarespace.com/privacy.
13. Feedback and reviews
13.1 If you submit, upload, post, email or otherwise transmit ideas, suggestions, reviews or other content to us (“Feedback”), you grant us a non-exclusive, perpetual, worldwide, sublicensable and royalty-free licence to use, reproduce, modify, publish, distribute and display the Feedback in any medium and for any purpose, including commercial use, for example to operate, improve and promote the Services. Your statutory moral rights and your rights under data protection law remain unaffected.
13.2 You confirm that (i) you own or have all necessary rights to your Feedback, (ii) you have disclosed any compensation or incentive you received in connection with it, and (iii) it complies with these Terms. We are under no obligation to keep Feedback confidential, to pay compensation for it or to respond to it.
13.3 We may, but are not obliged to, monitor, edit or remove Feedback that we consider unlawful, offensive, threatening, defamatory, obscene or otherwise objectionable, or that violates the rights of others or these Terms.
13.4 Your Feedback must not infringe any right of a third party (including copyright, trademark, privacy and personality rights), must not contain unlawful, abusive or obscene content, and must not contain viruses or other malicious code. You may not use a false email address, pretend to be someone else or otherwise mislead us or third parties about the origin of Feedback. You are responsible for your Feedback and its accuracy. We assume no responsibility for Feedback posted by you or by third parties.
14. Errors, inaccuracies and omissions
14.1 Despite our care, information on the Website may occasionally contain typographical errors, inaccuracies or omissions, for example regarding descriptions, prices, promotions, shipping costs, transit times or availability. We reserve the right to correct such errors. If an error affects an order you have already placed, we will inform you without delay, and you may either confirm the order on the corrected terms or cancel it. In case of cancellation we will refund any amount paid.
15. Prohibited uses
15.1 You may use the Services for lawful purposes only. You may not use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) in violation of Swiss law or any other applicable law, regulation or ordinance; (c) to infringe our intellectual property rights or those of others; (d) to harass, abuse, insult, harm, defame, intimidate or discriminate against any of our employees or any other person; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, download or use any material that does not comply with these Terms; (g) to send advertising or promotional material, including chain letters, spam or similar solicitations; (h) to impersonate any person or entity; or (i) to engage in any other conduct that restricts or inhibits the use or enjoyment of the Services by others or that may harm Vignettes, Squarespace or other users or expose them to liability.
15.2 In addition, you agree not to: (a) upload or transmit viruses or any other malicious code or otherwise impair the functionality or operation of the Services; (b) reproduce, duplicate, copy, sell, resell or exploit any part of the Services; (c) collect or track the personal information of others; (d) spam, phish, pharm, pretext, spider, crawl or scrape; or (e) interfere with or circumvent the security features of the Services or any related website or system.
15.3 If you violate these provisions, we may suspend or block your account or your access to the Services and take further legal action.
16. Termination
16.1 We may suspend or terminate your access to the Services or your account if you materially breach these Terms or misuse the Services. Orders that we have already accepted remain unaffected, and you remain liable for all amounts due up to the date of termination.
16.2 The following provisions continue to apply after termination: Intellectual Property, Feedback, Liability, Compensation for damages, Severability, Governing law and jurisdiction, Data protection, and any other provisions that by their nature are intended to survive.
17. Website availability, information and liability
17.1 The information on the Website is provided for general information purposes. We do not guarantee that the Website will be available without interruption, free of errors or secure at all times.
17.2 We are liable to you in accordance with the statutory provisions for damage caused by our breach of contract or unlawful conduct.
17.3 To the extent permitted by law, we exclude liability for damage caused by slight negligence, for indirect and consequential damage (such as lost profit, lost revenue, lost savings or loss of data), and for the conduct of our auxiliary persons in cases of slight negligence.
17.4 The exclusions and limitations in this Section do not apply to (i) damage caused intentionally or by gross negligence; (ii) injury to life, body or health; (iii) liability under the Swiss Product Liability Act; (iv) defects that we have fraudulently concealed; and (v) any other liability that cannot be excluded or limited under mandatory law.
17.5 We are not liable for interruptions or failures of the Website caused by third parties beyond our control (including hosting, platform, payment, internet and carrier services) or for damage resulting from improper handling, storage or display of an Artwork by you.
18. Compensation for damages
18.1 You are liable for any damage we suffer as a result of your culpable breach of these Terms or of the law, or of the rights of third parties.
18.2 If a third party asserts claims against us arising from such a breach (for example because your Feedback infringes third-party rights), you will hold us harmless to the extent you are responsible for the breach, including reasonable legal costs. We will inform you of such claims without undue delay and give you the opportunity to cooperate in the defence, to the extent this does not prejudice our legitimate interests.
19. Severability
19.1 If any provision of these Terms is or becomes invalid, unlawful or unenforceable, the validity of the remaining provisions is not affected. The invalid provision will be replaced by a valid provision that comes closest to its economic purpose. Where a provision is invalid because it conflicts with mandatory law, the mandatory statutory provision applies instead.
20. Waiver and entire agreement
20.1 Our failure to exercise or enforce a right or provision under these Terms is not a waiver of that right or provision.
20.2 These Terms, the policies referred to in them and your order confirmation constitute the entire agreement between you and us regarding the Services and supersede all prior or simultaneous agreements, communications and proposals, whether oral or written, including earlier versions of the Terms.
21. Assignment
21.1 You may not transfer or assign the contract or any of your rights or obligations under these Terms without our prior written consent.
21.2 We may transfer our rights and obligations under these Terms to a third party, for example in connection with a transfer of our business, provided that your rights are not adversely affected.
22. Changes to the Terms
22.1 The current version of the Terms is always available on this page. We may update, change or replace the Terms at any time by publishing the new version on the Website. Changes apply to orders placed after the effective date indicated and to your continued use of the Website; orders already placed remain governed by the version that applied when they were placed.
22.2 Where required by law, we will notify you of material changes. Your continued use of the Services after changes take effect constitutes acceptance of the changes.
23. Governing law and jurisdiction
23.1 These Terms and all contracts between you and us are governed by substantive Swiss law, excluding the Swiss conflict-of-laws rules and the United Nations Convention on Contracts for the International Sale of Goods (CISG).
23.2 If you are a consumer resident outside Switzerland, mandatory consumer protection provisions of the country in which you habitually reside remain unaffected.
23.3 The place of jurisdiction for all disputes arising from or in connection with these Terms is Nyon, Canton de Vaud, Switzerland, unless mandatory law provides otherwise. For consumers, the mandatory statutory jurisdiction provisions apply, in particular Art. 32 of the Swiss Civil Procedure Code and, where applicable, the Lugano Convention, which allow you to bring claims at your place of residence.
23.4 If you have a complaint, please contact us first so that we can try to resolve the matter amicably.
24. Headings
24.1 The headings in these Terms are for convenience only and do not limit or otherwise affect their interpretation.
25. Contact information
25.1 Questions, complaints and comments about these Terms should be sent to us at contact@vignettes.site or by post to Vignettes, route de l’étraz 20A, Nyon 1260, Switzerland.