Exemption from liability for tree pruning and removal

1 Purpose and scope of application

The purpose of these general conditions (the “General Conditions”) is to determine the conditions applicable to all contracts for the provision of landscaping services, garden creation, public works and pruning works (the “Services”) concluded and executed by a service provider (the “Service Provider”) for a natural or legal person who has placed the order (the “Customer”), in France and abroad.

These General Conditions replace and cancel the general conditions whose date of edition is earlier and will be replaced by any subsequent edition.

The parties agree that their relations will be exclusively governed by the present, to the exclusion of any general conditions of purchase of the Customer.

Any modification of these General Conditions desired by the Customer must be the subject of a written request from him at the latest when accepting the quote and must also be accepted by the service provider in writing in order to be enforceable against him.

In the event of a conflict between these General Terms and Conditions and the special conditions contained in the quotations or any other document accepted by both parties, the special conditions will prevail.

2 Duration – Membership – Modification of the General Conditions

These General Terms and Conditions take effect on the date of the order confirmation by the Customer and will remain in force between the Service Provider and the Customer until the perfect fulfillment of the obligations of the Service Provider and the Customer in respect of the Services covered by the order confirmation in question.

The Customer is deemed to have adhered to the General Conditions.

These General Conditions may be modified at any time by the Service Provider, without prior warning, in particular for the needs of adapting these to any modification of the regulations, in particular tax, or any modification by the Service Provider of the conditions for the provision of Services. The modified General Conditions take effect from the moment they are posted online, for any new order.

In the event of a conflict between these General Terms and Conditions and the special conditions contained in the quotations or any other document accepted by both parties, the special conditions will prevail.

3 Quotes

The proposed service is the subject of a written estimate responding to the need formulated by the Customer.

The quote is subject to the approval of the Customer, the signature of the quote by the Customer being valid order form and prior agreement.

The commitment to provide Services is perfect and definitive only after express acceptance and in writing of the Customer’s order, by signing the quote.

Unless otherwise indicated in the quote, it :

– is valid for 1 month from the date of its establishment by the service provider and includes only the services and products described therein.

– is established on the basis of the VAT rate applicable at the time of signature; any variation in this rate resulting from future legislative or regulatory provisions will be reflected.

– does not include preparatory and ancillary services to the services and products described such as studies, soil analyses, etc.

– refers to the execution of the works described therein under normal conditions, to the exclusion of services imposed by unforeseen conditions (need to break riprap, to clean up soils, etc.)

– does not include requests for authorization required by urban planning rules or condominium regulations or finally as a security measure. It is therefore up to the Customer to inform himself and to carry out all formalities to obtain the authorizations, under his sole responsibility. The Customer also ensures that the services and products correspond to the urban planning specifications, only the Customer can be held responsible for non-compliance with the specifications. The estimate is made subject to the findings that will be made during the implementation of the Services. In case of need to modify the Services, the Service Provider will inform his Client, to formalize a new quote. The work will be suspended during this period of preparation of this new estimate.

4 Order – Formation of the contract

The contract is definitively formed upon acceptance, without reservation or modification, of the quote specifying the special conditions by the Customer. Any request to modify an estimate, made by observation on it or by any other means, will constitute an obstacle to the formation of the contract on the basis of the modified estimate and will give rise to the establishment, by the Service Provider, of a modifying estimate.

The contract will then be validly formed only if the amending quote or the addendum is accepted by the Customer.

The acceptance of the quote is materialized by the Customer’s signature.

In the event that the customer wishes to make changes concerning the works listed in the validated quote, he must immediately notify the Service Provider. A new estimate will then be established and this will cancel the previous one, the planned intervention date of the order may then be delayed. During modifications desired by the Customer, when the construction site has started, the work will then be stopped while a new estimate is drawn up, the resumption of the work will be done according to the envisaged modifications and their order deadline. In the case of modifications required by the Customer after a validated quote and when the supplies have already been ordered from the supplier, the Service Provider will invoice the customer for them.

5 Submission of plans

Before the execution of the works, the Customer undertakes to hand over to the Service Provider the plans of the networks and the buried works. For any damage caused to said networks or works not or incorrectly reported by the Customer, the Provider’s responsibility can in no case be engaged.

6 Deadline

The Services are performed within the period indicated in the quotation which constitutes only an indication of the period and is valid unless prevented or interrupted independent of the will or the fact of the Service Provider or because of the Customer’s late payment and subject to compliance with seasonal conditions, except in cases of force majeure.

The deadline being given as an indication, delays cannot be invoked by the Customer to justify non-payment, partial payment or cancellation of the order.

In accordance with Article L.111-1 of the Consumer Code, in any contract whose object is the sale of a movable good or the provision of a service to a consumer, the service provider must, when the delivery of goods or the provision of the service is not immediate, indicate the deadline by which he undertakes to deliver the good or to perform the service. In the absence of indication, the service provider delivers the product or performs the service without undue delay and no later than 30 days after the conclusion of the contract (Article L.216-1 of the Consumer Code).

Under the conditions provided for in Article L.216-2 of the Consumer Code, consumer Customers may denounce the contract whose agreed price including VAT exceeds the thresholds set by regulation, by registered letter with acknowledgment of receipt or by writing on another durable medium if, after having ordered, according to the same terms, the service provider to make the delivery or to provide the service within a reasonable additional period, the latter has not been executed within this period except in cases of force majeure. The contract is considered to be broken upon receipt by the Service Provider of the consumer’s letter informing him of the denunciation, unless the delivery took place between the sending and the receipt of the letter. The consumer exercises this right within 60 working days from the date indicated in the quote for the delivery of the product or the performance of the service. The sums paid by the Customer will then be returned to him at the latest within 14 days following the date of termination of the contract, to the exclusion of any compensation or deduction.

7 Service

Content of the Services

The Services as well as their execution conditions are expressly specified by the quotation or the specific contract specifying the special conditions.

The Services can be punctual or even with successive executions.

The Entrepreneur gives a personalized quote free of charge to the Customer to whom he offers a Service or a set of Services whose total price is greater than or equal to € 100 including VAT or to the Customer who requests it.

All Services will be performed in compliance with and subject to applicable regulations.

The Services include garden maintenance work, garden creation, public works and / or pruning work. Maintenance equipment

The Entrepreneur will bring all the equipment and products necessary for the performance of the Service. It is specified that the water and electricity consumption are provided free of charge by the Customer for the execution of the Service.

Place of intervention

The Services are carried out at the Customer’s place of residence (or, if necessary, at the place of residence of an ascendant of the Customer under the conditions covered by the applicable tax regulations).

8 Prices-Invoicing–Payment

The products and services offered by the Service Provider are provided at the current prices according to the quote established by him. The prices are expressed in euros, HT and TTC.

The price conditions are fixed in the quotation or the specific contract fixing the particular conditions according to the schedule of hourly rates in force for the current year as well as, if necessary, the bases for revision or possible revaluation.

If the contract is to be executed successively, the prices will be revised each year on the anniversary date of the contract, according to the index or the terms provided for on the quote or the specific contract.

An invoice will be sent to the Customer after the performance of the Service. The invoice is payable upon receipt.

In the event of a price increase on a tacit renewal contract, the Customer will be informed.

In accordance with Article L.441-3 of the Commercial Code, invoices will be sent to the Professional Customer at the latest upon receipt of the work and / or products.

Between professionals, in the event of late payment or collection of all or part of the price, a late payment interest equal to the interest rate of the European Central Bank plus 10 percentage points will be due on all unpaid amounts including VAT as soon as the due date appearing on the invoice occurs and without prior formal notice being necessary for this (Article L. 441-6 of the Commercial Code).

Any delay in payment also entails, by operation of law, without the need for formal notice: the due date of all the claims of the service provider, even if not due, as well as the right for the service provider to suspend all deliveries and all work in progress until full payment and the possibility for the service provider to demand full payment on the order for future business.

Between the professionals, the deadline for payment of the sums due is fixed on the 30th day following the date of receipt of the goods or execution of the requested service (Article L441-6 of the Commercial Code). Any late payment will result in the payment of a fixed compensation of 40 euros for collection costs.

For private customers, consumers, in accordance with Article 1 of Decree n ° 83-50A of October 3, 1983, the Service Provider will send the Customer a note containing the Services performed and their amount.

9 Default of payment

In the event of non-payment of any amount due by the Customer within eight (8) days of the formal notice sent to him, the Service Provider may suspend any order for Services in progress. The amounts not paid will bear interest from the expiration of the aforementioned eight (8) days period, at the rate provided for by the applicable regulations.

In addition, the Service Provider reserves the right to claim from the Customer the reimbursement of bank charges that he would have been forced to bear due to a rejection of a bank debit or the presentation of a check for payment.

10 Obligations of the Customer

The Customer undertakes when the Service Provider arrives :

• to specify to the Service Provider the place of the intervention during a site visit (Garden, Greenhouse, Terrace …)
• to leave the Service Provider free access to the place of intervention.
• to inform the Service Provider in advance of any home monitoring device (alarm) that could be triggered during interventions.
• to allow the Provider access to running and drinking water so that the Latter can quench his thirst during the Service.
• to allow the execution of a Service in complete safety.
• to allow free access to electrical outlets.

11 Reception of works and products

In the absence of any stipulation to the contrary in the quotation, the taking possession of the works and / or the products constitutes receipt, any reservations being formulated as follows. In the absence of a receipt report, the works and / or products are presumed to be in conformity in the absence of a reservation formulated by registered letter with acknowledgment of receipt within 15 days after receipt for the works and 5 days after delivery for the products. In the presence of an acceptance report, the works and / or products are presumed to be in conformity, in the absence of reservations formulated on this document.

12 Legal and contractual guarantee

The Service Provider does not grant any automatic contractual guarantee

In addition, the Customer benefits from the contractual guarantee possibly offered by the suppliers of the products that the Service Provider has sold to him.

The products provided by the Service Provider benefit automatically and without additional payment, in accordance with the legal provisions :

– the legal guarantee of conformity for products apparently defective, damaged or damaged or not corresponding to the order, under the conditions of Article L.217-4 and following of the consumer code ;

– the legal guarantee against hidden defects resulting from a material, design or manufacturing defect affecting the delivered products and making them unsuitable for their use, under the conditions provided for in articles 1641 and following of the Civil Code.

To act as a legal guarantee of conformity, the Customer :

– has a period of two years from the delivery of the product to act ;

– can choose between repair or replacement of the product, subject to the cost conditions provided for in Article L.217-9 of the consumer code;

– is exempt from reporting proof of the existence of the lack of conformity of the product during the six months following the delivery of the Product.

The legal guarantee of conformity applies independently of the commercial guarantee possibly granted.

For the guarantee of hidden defects, if the Customer decides to implement it, he can choose between the resolution of the sale or a reduction in the sale price in accordance with Article 1644 of the Civil Code.

The Provider cannot be held liable in the following cases :

– non-compliance with the legislation of the country in which the products are delivered, which it is up to the Customer to verify ;

– in case of misuse, use for professional purposes, negligence or lack of maintenance on the part of the Customer, as in case of normal wear and tear of the product, accident or force majeure.

The Service Provider’s warranty is, in any case, limited to the replacement or refund of non-compliant products or affected by a defect.

If the Service Provider performs work falling within the framework of Article 1792 of the Civil Code, these works are covered by the ten-year guarantee.

13 Liability-Insurance

The Service Provider is bound by an obligation of means and not of result.

With regard to liability for defective products, the service provider cannot be held liable for damage caused to goods that are not used by professional customers mainly for their use or private consumption (Article 1386-15 of the Civil Code).

The Service Provider will be exempt from any liability when he has been prevented from fulfilling all or part of his obligations, in particular with regard to deadlines, due to a case of force majeure.

The parties agree that, in particular and without limitation, bad weather, natural disasters, droughts, floods, riots, epidemics, strikes or lack of manpower will be assimilated to cases of force majeure, except when such assimilations are prohibited by legal provisions of public order.

In the event of force majeure, the performance of the Services is suspended and postponed for a period at least equal to that of the duration of suspension due to this cause without either party being able to request the payment of compensatory compensation or payment.

That being said, in the event of the occurrence of such an event, the parties may approach each other to possibly try to ensure that, despite the situation thus created, all or part of the work ordered is insured, but in this case the additional cost of these works is the exclusive responsibility of the Customer.

Whatever the cause of the event, the Service Provider is entitled to payment for the Services already performed, including costs of any kind, regularly incurred with third parties as part of the Service.

The Service Provider cannot in any way be held responsible for damages that would be caused, even partially, by the defect of the Customer’s thing, its installations or that would result from a fact attributable in whole or in part to the Customer, it being further recalled that the Service Provider cannot be held responsible for the removal by mistake of objects or papers found in containers whose contents are apparently intended to be discarded.

In the event that the Customer wishes to report a claim for compensation for damage suffered as a result of the performance of the Services, the Customer must declare the claim to his insurance company under his home insurance contract, within the deadlines and in the form required by it.

The Customer declares to have taken out all necessary insurance to cover any direct and indirect loss that may affect the goods.

14 Special regulations

This clause includes the general rules enacted at the national level.

Depending on where the Client’s garden is located, certain rules may be more restrictive.

This is particularly the case if it is located in a protected area, or if the Customer is part of a subdivision or a condominium.

In the latter case, the Customer must comply with internal regulations.

Finally, the town hall can impose new obligations via the POS (land use plan) or the PLU (local urban planning plan). It can also put in place orders governing the installations in the gardens.

Before starting any work, the Customer undertakes to inquire with the town hall on which he depends.

• With regard to the pruning of trees

Regarding the pruning of trees or hedges, the Customer undertakes to refer to the internal regulations of his condominium or his subdivision, or to the local regulations in force. In the absence of it, the rules of the Civil Code apply.

Any owner is required to cut the branches of his trees or his hedge that protrude on his neighbor’s property, at the level of the dividing line.

Regarding the adjoining hedges, that is to say located exactly on the border of the two properties, the Customer undertakes to obtain a written agreement from the neighbor to have the right to prune them, even if it belongs to the Customer by half.

The general legislation imposes a distance of 50 centimeters to be respected with respect to the neighboring land when the planting is less than or equal to 2 meters, while this minimum distance is 2 meters when the planting is greater than 2 meters.

• With regard to the felling of trees

The Customer is not free to cut down his trees as he sees fit. If the Client wishes to have a tree cut down, the latter undertakes to inquire beforehand with the urban planning department of his town hall to know the rules in force and / or consult the internal regulations of his subdivision. The PLU or the POS can indeed issue prescriptions concerning the felling of trees.

If the plot is subject to the law, the Customer is obliged to request an authorization for cutting and felling trees from the urban planning services.

If the Client wishes to cut down trees on his property, the administrative procedures differ depending on the type of tree. For example, the customer will have to obtain an authorization from the Municipal College (B) to cut down trees with tall stems, a trunk measuring at least 0.70 m in circumference and 1.50 m in height.

To obtain a planning permit, here are the files to be provided: •A permit application – form Appendix 20

• The environmental impact assessment notice

• A note describing the purpose of the slaughter and the expected situation after the slaughter

• A photographic report containing photos of the road front, the plot and the buildings adjoining it as well as the plot or plots opposite the other side of the road. It also takes three shots to better visualize the boundaries of the property concerned and the surrounding buildings.

These files must be submitted in duplicate.

Are also provide :

• A cover page of the completed and signed plan file

• A side and scale layout plan presenting, in particular the orientation, the service routes, the boundaries of the plots concerned, the indication of the existing trees to be maintained and the location of the tree to be cut down.

All these documents must be presented in 5 copies and must be signed.

• With regard to general administrative procedures

The customer undertakes to contact the town hall on which his place of residence depends in order to carry out the appropriate administrative procedures.

The Customer will be solely responsible for the work that he has had carried out by the Service Provider as well as for the consequences that may result from any absence of administrative authorizations and / or permits and / or authorizations and in particular without this list being limiting :

– the Declaration of Intention to Start Work (DICT). This concerns underground, aerial or underwater networks located in the public or private domain according to Decree n ° 2011-1241 of October 5, 2011. This declaration concerns earthworks, excavations, trenches, planting holes, etc … excluding works that have no impact on underground networks and that are sufficiently far from any aerial network within the meaning of Article R. 554-1 of the Environmental Code as well as agricultural and horticultural works of surface preparation of the soil to a depth not exceeding 40 cm.

– The temporary connection authorization for water or electrical energy.

– The parking permit on the public road from the town hall concerned by the construction site: storage of materials, waste dumpster…

– The Preliminary Declaration of Works (DP) with the town hall concerned by the construction site.

15 Termination – Renewal

Each party may terminate the contract if its other party does not comply with its obligations. A formal notice to stop the breach must be sent by registered letter with acknowledgement of receipt. If the other party does not comply with its obligations within the period provided for by the formal notice, a period that cannot be less than 15 days, the contract will then be automatically terminated by sending a simple registered letter of termination.

In the event of an early termination of a contract to be executed successively by the Customer which would not be due to a breach by the Service Provider, the price of all the Services for the year will be due by the Customer.

16 Nullity

If any of the stipulations of the General Conditions prove to be null with regard to a rule of law in force or a judicial decision that has become final, it would then be deemed unwritten, without however causing the nullity of these General Conditions, nor altering the validity of its other provisions.

17 Non-waiver

The fact that a Party does not require the execution of one or the other of the provisions, conditions or obligations provided for in these General Conditions will in no case imply waiver on its part for the future of the execution of the provisions, conditions, obligations, options, rights or remedies in question. These General Terms and Conditions therefore continue to apply and have full effect.

18 Pre-contractual information – Acceptance of the GTC

The Customer acknowledges having received communication, prior to the immediate purchase or the placing of his order, in a clear and understandable way, of these General Conditions and all information and information referred to in articles L.111-1 and following of the Consumer Code and in particular :

– the essential characteristics of the product and/or the service provision ;

– the price of the products and/or the service provision and related costs (delivery, for example) ;

– in the absence of immediate execution of the contract, the date or the deadline by which the service provider undertakes to deliver the product and/ or the service provision ;

– information relating to the identity of the service provider, his postal, telephone and electronic contact details, and his activities, if they do not emerge from the context ;

– information relating to legal and contractual guarantees and their implementation methods ;

– the possibility of resorting to conventional mediation in the event of a dispute.

The fact for a private or professional Customer to make a purchase or order a product and / or a service implies full acceptance and acceptance of these General Conditions, which is expressly recognized by the Customer.

19 Data processing

The fulfillment of the obligations provided for by the contract binding the parties and the management of its “customer” relationship leads the Service Provider to collect the personal data of its customers. These data are kept for the entire duration of the commercial relationship and for 3 years after the latter to allow commercial prospecting.

The Data Protection Act of 06/01/1978 allows the customer who wishes to access these data, to request their modification, their deletion, as well as a right to oppose their use. To implement these steps, the customer must request the service provider in writing at the address appearing on his quotes and invoices.

20 Intellectual property

The Service Provider remains the owner of all intellectual property rights on studies, drawings, models, prototypes, etc., made (even at the request of the Customer) for the purpose of providing services to the Customer.

The Customer is therefore prohibited from any reproduction or exploitation of said studies, drawings, models and prototypes, design questionnaire etc., without the express, written and prior authorization of the Service Provider who may condition it on a financial consideration.

21 Complaints

Any complaint must be sent by registered mail to obtain a receipt notice to :

103 bis avenue aristide briand

22 Right of withdrawal

For contracts concluded outside the establishment as defined in Article L 221-1 of the Consumer Code (that is to say contracts entered into in any place where the Service Provider does not carry out his usual activity or if he carries it out, if the Customer has been requested in a different place, or during an excursion with the aim or effect of promoting the goods and / or services of the service provider) between the Service Provider and the consumer individual Customer, the Customer has, in accordance with the law, a withdrawal period without cause of 14 days from the conclusion of the contract.

The withdrawal period expires fourteen days from the day after the day of signing the contract or if this period normally expires on a Saturday, a Sunday or a public holiday or non-working day, the first working day following to exercise his right of withdrawal without having to justify reasons or pay penalties.

In order to exercise the right of withdrawal, the Customer must send LUCIEN DURAND his decision to withdraw from the contract by means of an unambiguous declaration by registered mail allowing receipt to be obtained.

In the event of withdrawal from the contract by the Customer, all payments received will be refunded, without undue delay and, in any event, no later than fourteen days from the day on which the information of the decision to withdraw from the contract has reached LUCIEN DURAND.

If the Service has started before the expiration of the withdrawal period and the Customer exercises his right of withdrawal, the hours worked until the receipt by LUCIEN DURAND of the withdrawal form are due.

23 Applicable law

The contract and these General Conditions are subject to French law and the rules of French territorial jurisdiction.

The General Conditions are written in French. In the event that they are translated into one or more languages, only the French text will prevail in the event of a dispute.

24 Competent jurisdiction – Dispute resolution

For professional clients, it is agreed that the court of the place of the Provider’s registered office will have sole jurisdiction in the event of disputes to which this contract may give rise, concerning both its validity, its interpretation, its execution, its termination, their consequences and their consequences.

For private Customers, all disputes that could not have been resolved amicably will be submitted to the competent courts under the conditions of common law. The Customer is informed that he can in any case resort to conventional mediation, in particular with a consumer mediation organization (Article L.616.1 of the Consumer Code) or with existing sectoral mediation bodies, or to any alternative dispute resolution method (conciliation, for example) in the event of a dispute.

WITHDRAWAL FORM

Complies with the 2 ° of article L. 121-17 and article R. 121-1 of the Consumer Code

Please complete and return this form by registered letter with acknowledgement of receipt only if you wish to withdraw from the contract

For the attention of LUCIEN DURAND,

I hereby notify you of my withdrawal from the contract relating to the Provision of services bearing the number : _ _ _ _ _ _ _ _ _ _ _