Terms and conditions
Article 1: object
This contract is concluded between PETITJEAN PAYSAGE and a client. These general conditions apply to all contracts for the sale of products and services concluded and executed by the company. Before any order, the customer is deemed to have read all of these general conditions. These are attached to any quotation or maintenance contract proposal, and can be viewed at any time on our website by clicking on the "general conditions" link. Thus any order signed with PETITJEAN PAYSAGE will imply the final and irrevocable agreement of the customer on all the general conditions.
Article 2: Identification of the company
Name: PETITJEAN PAYSAGE
SIRET number: 391 585 031 00035
Head office address: 180 chemin des Vignasses 06410 BIOT
Article 3: Characteristics of the services
The services offered are personalized studies of creation and maintenance of properties and gardens and their realization.
They include :
- An appointment intended to notify and evaluate the work to be carried out.
- A quantitative and estimated quotation of the services and materials used.
- A date of validity of the quote.
Article 4: Price of services
The company establishes a written estimate responding to the need formulated by the customer. The estimate is drawn up free of charge except when the customer has been informed prior to its preparation that it is chargeable. The cost of developing the quote will be deducted from the invoice after validation of the project. The estimate includes only the services and products described therein, is understood for the execution of the works described therein under normal conditions, excluding services imposed by unforeseen conditions or by safety measure, and does not include authorization requests required by town planning rules or co-ownership regulations. It is therefore the client's responsibility to inform themselves of any outside requests and to carry out any formalities to obtain the authorizations, under their sole responsibility.
Submission of plans:
Before the works are carried out, the client agrees to hand over to the company the plans for the networks and buried works. For any damage caused to said networks or works not or badly signaled by the customer, the responsibility of the company cannot in any case be engaged.
The quotes established by PETITJEAN PAYSAGE concerning the creation of all or part of a property and garden are presented by hand to the customer except in the event of a request made for sending by email. The estimate will be considered accepted as soon as it has been returned with the handwritten mention: "Quote received before execution of the work" followed by the date and signature of the client, and accompanied by the lump sum precisely defined as "payment a deposit ”.
Article 5: Period of validity of the offer
The prices of services can change at any time except after the quote has been accepted and signed. The estimates remain valid for one month, beyond that, it will be necessary to renew the said estimates if the price of the services selected has been modified by the company PETITJEAN PAYSAGE.
Article 6: Duration and notice of maintenance contracts
The maintenance contracts are concluded for a period of one year from the receipt of the signed quote. They are renewable by tacit agreement for a period of one year, unless terminated by either party, served by registered letter with acknowledgment of receipt two months before the date of the end of the contract. Each year the green spaces maintenance contract will be reassessed, a new estimate will be established before the two months of the end of the contract.
All work that has not been stipulated in the contract is subject to a special intervention. These interventions will be subject to a preliminary estimate and will only be carried out after the client's signed agreement.
Article 7: Payment conditions
The payment of our work must be done as follows:
- 40% as an advance of the amount including tax for the work, payable on order.
- Monthly situations depending on progress of work.
- the balance at the end of the work or upon receipt of the invoice. Payment can be made by check or bank transfer.
In the event of late payment after the agreed date, the increased legal interest rate will be applied according to the law of 12/31/92.
PETITJEAN PAYSAGE reserves the right to suspend all work or deliveries in the event of non-payment. PETITJEAN PAYSAGE notably reserves the right to refuse its services from the order of a customer who has not fully or partially paid a previous order or with whom a payment dispute is being administered.
Article 8: Additional work
Additional and / or modifying works are services ordered by the client, while the work can be carried out according to the initial terms of the estimate. These additional or modification works will be subject to an additional estimate and will be invoiced. Technical unforeseen events such as hazards or difficulties of execution which are not identifiable at the time of the conclusion of the contract leading to additional work are the responsibility of the client.
Article 9: Delivery terms
In the absence of a stipulation to the contrary in the estimate, taking possession of the works and / or products constitutes acceptance. The work and / or products are presumed to be in conformity in the absence of a reservation made by registered letter with acknowledgment of receipt within 15 days after receipt for the work and 5 days after delivery for the products.
All products delivered to the customer in execution of the contract remain the property of the company until full payment of their price. The risks (loss, theft, deterioration, etc.) relating to said products are however transferred to the customer as soon as they are delivered, as is the obligation to repair the damage they could cause to property and people.
Article 10: Responsibilities
The company is under an obligation of means and not of result, except where this is provided for by imperative legal provision. The company will be exempt from all liability when it has been prevented from performing all or part of its obligations, in particular with regard to deadlines, due to a case of force majeure. The parties agree that bad weather, natural disasters, droughts, floods, strikes or temporary shortage of labor will be considered as force majeure.
Article 11: Use of creations
Unless otherwise specified in writing before full payment of the invoice, any customer authorizes the company PETITJEAN PAYSAGE to use the photos of the works carried out during the site free of charge on its website. It being understood that this use is limited to the promotion of services and the skills of the company, it may not give rise to any compensation or legal action.
Article 12: Guarantee
Apart from the cases which are obligatorily covered by the ten-year guarantee, the guarantee relating to the products sold is limited to that granted by the manufacturer, which is well known to the customer or on which the customer is deemed to have fully informed before concluding the contract. The warranty is limited in all cases to the repair or outright exchange of defective products. The choice between repair and exchange is at the sole discretion of PETITJEAN PAYSAGE, with the express exclusion of any compensation to the customer or third parties. The granting of the guarantee supposes that the delivered products are maintained according to the conditions described orally by the company PETITJEAN PAYSAGE.
The warranty does not apply to normal wear and tear, deterioration resulting from negligence, lack of supervision or maintenance, use not in accordance with the intended use of the work, advice or facts from third parties.
The plants supplied and planted by the company may be subject to a contractual take-back guarantee. This guarantee applies for the 12 months following the planting of the plants. This warranty will be excluded:
- if the maintenance payable by the customer has not been correctly carried out, in particular watering, drenching, checking of stakes and shrouds, anti-parasitic treatments, weeding of beds, etc.
- in the event of vandalism, theft, frost, drought, flood, hail, severe thunderstorm and snow, weedkillers not suitable.
- if the plants have not been supplied by the company.
- if there is no maintenance monitoring in place.