Courtesy translation. The French version prevails (Article 17.2): Conditions générales de vente.
1. Purpose and scope
1.1 These general terms and conditions of sale (the "GTC") govern the online sale, on legatem.ch, of the LEGATEM Solo and LEGATEM Duo software (each, the "Vault") by Gregory Cardinaux, sole proprietorship trading as LEGATEM (the "publisher"), to its customers ("you").
1.2 The GTC apply together with the Vault's terms of use (the "ToU"), which govern its use, and with the Privacy Policy, which governs the processing of personal data. The ToU and the Privacy Policy are available in the Vault and on legatem.ch. In the event of a conflict regarding the sale, the GTC prevail; regarding the use of the Vault, the ToU prevail.
1.3 By placing an order, you confirm that you have read and accept the GTC, by ticking the box provided for this purpose on the payment page.
1.4 The publisher sells only to customers located in Switzerland. It may cancel an order placed from another country and refund the amount.
2. Seller's identity
Gregory Cardinaux, sole proprietorship trading as "LEGATEM". Avenue du Léman 23a, 1005 Lausanne (VD), Switzerland. E-mail: contact@legatem.ch
3. Products
3.1 LEGATEM Solo is intended for one person; LEGATEM Duo is intended for two people who share a single Vault.
3.2 Each Vault is software delivered as a single file, together with a getting-started guide (PDF). It runs entirely on your device: your data is encrypted on your device and no data from your Vault reaches the publisher.
3.3 The Vault is a tool to gather and organise information and to help pass it on. It is neither a will nor a legal instrument, and it is not legal advice; for anything with legal effect, consult a notary or a qualified professional.
3.4 The Vault cannot be reopened without your password or, where applicable, without the key in pieces. The publisher has no way to recover them or to retrieve the content of your Vault. Keeping them safe is your responsibility.
3.5 The detailed features of the Vault and the rules of use are set out in the ToU and in the getting-started guide.
4. Prices
4.1 The prices are as follows: LEGATEM Solo, CHF 149; LEGATEM Duo, CHF 229. They are stated in Swiss francs and refer to a one-time purchase.
4.2 These are final prices, all taxes included.
4.3 The applicable price is the one shown on the payment page at the time of your order. A later change in prices has no effect on an order already placed.
5. Order and conclusion of the contract
5.1 To order, you choose the Vault on legatem.ch, which takes you to Stripe's secure payment page. There you provide your e-mail address and payment method, tick the box accepting the GTC, then confirm payment.
5.2 Before confirming, the payment page summarises your order and you can correct your details or abandon the order by closing the page.
5.3 The contract is concluded when your payment is confirmed or, where no amount is due, when your order is confirmed. You receive a confirmation by e-mail.
5.4 The contract is concluded in French. The GTC are available online; you can save or print them.
6. Payment
6.1 Payment is made online, by card or TWINT, through Stripe, the payment provider. The price is due on ordering.
6.2 Your payment data is processed by Stripe under its own terms. It does not reach the publisher.
6.3 Stripe sends you a receipt by e-mail. If payment does not succeed, there is no contract and no delivery.
7. Delivery
7.1 Delivery is electronic. After your payment is verified, you receive a protected download link, shown on your order confirmation page and sent by e-mail with the getting-started guide. The link may be time-limited.
7.2 You must provide a valid and monitored e-mail address: the publisher is not responsible for a delivery or a security message that fails to reach you due to a wrong address or a mailbox that blocks it.
7.3 If your link no longer works or you did not receive it, a new link can be requested at contact@legatem.ch, stating the order's e-mail address.
7.4 Keep a copy of your file, for example on an external medium. The publisher is not required to keep a copy of your Vault or of the data you entered.
7.5 For personal use, the file can be personalised with the name you provide at the time of delivery and a licence number.
8. Licence
8.1 The purchase grants you a licence to use the Vault for personal use. This licence is non-exclusive and non-transferable: you do not acquire the copyright in the software.
8.2 You may not resell, sub-licence, make available to the public or distribute the Vault or copies of the software. You may make the backup copies necessary for your own use.
8.3 The conditions of use, including the limits of the licence, are specified in the ToU.
9. Updates
9.1 The purchase price includes the delivered version of the Vault and any fixes to that version (security or functional fixes). It does not include new versions (Article 9.3).
9.2 Security fixes are free for all customers, with or without a subscription, for as long as the publisher maintains the Vault. The publisher communicates them by e-mail to the address given on the order; these messages concern only the service (security, subscription, billing). Should the publisher cease to maintain the Vault, it would inform customers in the same way.
9.3 The publisher may offer an optional annual subscription giving access to new versions of the Vault, at the rate and on the terms in force at the time of subscription. New versions are the improvements to the Vault that the publisher decides to release; the publisher is not required to release any.
9.4 The file you received can be used without a subscription, for an unlimited period as far as the publisher is concerned. Without a subscription, you keep the last version delivered to you.
10. Refund
10.1 Swiss law provides no general right of withdrawal for an online purchase, in particular for a digital product delivered immediately. Your purchase is therefore firm upon conclusion of the contract.
10.2 As a gesture of goodwill, the publisher may, at its discretion, refund the price paid if you request it at contact@legatem.ch within 30 days of your order, stating the order's e-mail address. A request does not entitle you to an automatic refund: the publisher is free to grant it or not. This gesture is not a contractual right and creates no obligation for the publisher beyond the law.
10.3 The refund is made using the same payment method as the order. By requesting it, you undertake to stop using the Vault and to delete your copies of the file.
10.4 An order for which no amount was paid gives no right to a refund.
10.5 The foregoing does not limit your statutory rights in the event of a defect in the Vault (Article 12).
11. Gift codes and promotional codes
11.1 The publisher may issue a gift code or a promotional code (a "code"), whose benefit is stated when it is issued. A code is personal: it is given to one person, one per person, and may be used only once.
11.2 A code is reserved for LEGATEM Solo or LEGATEM Duo, as indicated when it is issued. It does not apply to any other product or to a subscription.
11.3 A code expires 60 days after it is issued. After that period it can no longer be used and gives no right to any compensation.
11.4 A code may not be exchanged for cash, nor combined with another code or offer. It may not be resold.
11.5 You enter the code on the payment page, or use a link that applies it already; the price shown then takes the code into account. The order follows the same process as any order (Articles 5 and 7) and is subject to these GTC. Where no amount is due, Articles 6 and 10 do not apply.
11.6 The beneficiary provides their own e-mail address on the order. It is used for delivery and for security messages (Article 9.2).
11.7 The publisher may refuse or cancel a code obtained or used abusively.
12. Warranty and liability
12.1 The Vault is provided "as is". The publisher designs and tests it with care, but does not warrant that it is free of all errors or fit for a particular purpose. It warrants no result, in particular as regards your relatives' access to your information or the action third parties take on its content.
12.2 The warranties and rights provided by law in the event of a defect are excluded only to the extent permitted by law. If you find a defect, write to contact@legatem.ch describing it.
12.3 To the extent permitted by law (Art. 100 of the Swiss Code of Obligations), the publisher excludes its liability for damage caused by slight negligence, for indirect damage (loss of profit, loss of opportunity, non-material harm, for example) and for the loss of data resulting from the loss or forgetting of your password or key, the loss or alteration of your file, or a use of the Vault that does not comply with the ToU.
12.4 The publisher's liability is not limited in the event of intentional fault or gross negligence, nor in cases where the law imposes liability that cannot be excluded.
12.5 The limits of use and liability specific to the Vault are set out in the ToU.
13. Data protection
13.1 The publisher processes the personal data relating to your order (in particular your e-mail address, your name and the order data) in accordance with the Federal Act on Data Protection and, where it applies, the European General Data Protection Regulation.
13.2 The details (purposes, providers such as Stripe, retention period, your rights) are set out in the Privacy Policy. No data from your Vault is processed by the publisher.
14. Customer service
For any question, request or complaint, write to contact@legatem.ch. The publisher replies in principle within a reasonable time, without any committed deadline.
15. Changes to the GTC
The publisher may amend the GTC. The version applicable to your order is the one in force at the time you place it. A later change has no effect on an order already concluded, unless it is more favourable to you or the law requires it.
16. Governing law and jurisdiction
16.1 The GTC and the sale contract are governed by Swiss law, excluding its conflict-of-laws rules and the Vienna Convention on the International Sale of Goods.
16.2 If you act as a consumer, you may sue before the court of your place of residence or that of the publisher, in Lausanne (VD), and the publisher may sue only before the court of your place of residence (Art. 32 CPC).
16.3 Otherwise, the place of jurisdiction is Lausanne (VD), subject to mandatory jurisdictions under the law.
17. Final provisions
17.1 If a provision of the GTC is or becomes void or unenforceable, the other provisions remain valid; the provision concerned is replaced by the one that comes closest to it as permitted by law.
17.2 The GTC are drawn up in French. In case of translation, the French version prevails.