COMPANY IDENTIFICATION

Company Name: CREOGARDEN SARL
Share Capital: €8,000
RCS Rennes: 951 119 635
Registered Office: 13, Parc de Brocéliande – 35760 Saint-Grégoire, France
Website: www.creogarden.fr
Phone: +33 (0)9 56 67 48 55
Consumer Mediator: CM2C – cm2c@cm2c.net – +33 (0)1 89 47 00 14

Article 1 – Scope and Enforceability

These General Terms and Conditions of Service (hereinafter the “GTCS”) govern the entire contractual relationship between CREOGARDEN SARL (hereinafter the “Service Provider”) and any natural or legal person (hereinafter the “Client”) wishing to benefit from its landscape design services.

These GTCS become binding upon validation of the quotation by the Client, which constitutes full and unconditional acceptance of all provisions herein, in accordance with Articles 1103 et seq. of the French Civil Code.

The Service Provider reserves the right to amend these GTCS at any time. The applicable version shall be the one in force on the date the quotation is signed. Any subsequent amendments shall not affect contracts already concluded.

In the event of any conflict between these GTCS and any document issued by the Client (general purchasing conditions, specifications, etc.), these GTCS shall prevail unless otherwise expressly agreed in writing and signed by the legal representative of the Service Provider.

Article 2 – Ordering Process and Contract Formation

2.1 Service Request

The Client may submit a request for services through any of the following channels:

• Contact form available on www.creogarden.fr;
• Direct message via the official Instagram account @creogarden;
• Telephone call to +33 (0)9 56 67 48 55 (Monday to Friday).

2.2 Quotation

Following any request, the Service Provider shall send the Client a personalized and detailed quotation.

The quotation shall specify, in particular:

• The nature and scope of the services;
• The estimated completion timeframe;
• The total price including all applicable taxes;
• Payment terms;
• Any specific conditions applicable to the project.

Unless otherwise expressly stated, quotations remain valid for thirty (30) days from their date of issue.

2.3 Contract Formation

The contract shall be deemed definitively concluded only upon fulfillment of the following two conditions:

1. Signature or written acceptance of the quotation by the Client; and
2. Payment of the deposit referred to in Article 4.

No services shall commence before both conditions have been satisfied.

⚠ Any order placed implies unconditional acceptance of these GTCS.

Where an order is placed by a representative of a legal entity, such representative declares and warrants that they possess all necessary authority to bind said legal entity.

Article 3 – Pricing

All prices are expressed in Euros (€), inclusive of all taxes (VAT included), based on the VAT rate applicable on the date the quotation is issued.

Any legal modification of the VAT rate shall automatically apply to invoiced prices from the effective date established by the relevant legislation.

Prices displayed on the Website are provided for information purposes only. Only the quotation sent to the Client shall be legally binding.

The Service Provider reserves the right to revise its prices at any time. Such revisions shall not affect contracts already concluded.

Unless otherwise specified in the quotation, prices do not include:

• Travel expenses and site visits;
• Specialized subcontracting costs;
• Local taxes, fees, or charges of any kind.

Article 4 – Payment Terms

4.1 Payment Methods and Schedule

Payments shall be made exclusively by bank transfer to the account details (IBAN/BIC) specified on the invoice issued by the Service Provider.

No other payment method shall be accepted unless otherwise agreed in writing.

Payment schedules are as follows:

Garden Package – Less than 300 m²

Full payment is due upon acceptance of the quotation and before commencement of services.

Other Packages Equal to or Greater Than €1,200 Including VAT

• 60% deposit upon signature of the quotation;
• Remaining 40% upon delivery of the first 3D design presentation.

Other Packages Below €1,200 Including VAT

Full payment is due upon acceptance of the quotation.

4.2 Late Payment

In the event of non-payment by the agreed due date, the Service Provider reserves the right to:

• Suspend performance of the services without prior notice;
• Demand immediate payment of all outstanding amounts;
• Apply late payment interest at the statutory rate increased by five (5) percentage points, accruing automatically from the day following the due date, pursuant to Article L.441-10 of the French Commercial Code.

A fixed compensation fee of €40 shall automatically be due for debt recovery costs, pursuant to Article D.441-5 of the French Commercial Code.

Where actual recovery costs exceed this amount, the Service Provider reserves the right to claim additional compensation upon presentation of supporting evidence.

4.3 Payment Security

The Client warrants that they are fully authorized to make payment using the chosen method and that all funds used originate from lawful sources.

In the event of payment rejection or default, all costs incurred by the Service Provider, including bank charges, debt collection costs and legal fees, shall be borne by the Client.

Article 5 – Service Provider Obligations – Performance of Services

5.1 Best Efforts Obligation

The Service Provider undertakes to perform the agreed services with the care, diligence, and expertise expected from a professional landscape designer and shall employ all reasonable means necessary to complete the commissioned studies properly.

This obligation constitutes a best-efforts obligation and not an obligation to achieve a specific result.

5.2 Performance Deadlines

The Service Provider undertakes to deliver the first phase of the study within a maximum period of two (2) months from receipt of the deposit payment or full payment, as applicable.

The timeframe shall commence upon effective receipt of funds in the Service Provider’s bank account.

In exceptional circumstances (high volume of orders, force majeure events, temporary unavailability, etc.), this period may be extended. The Client shall be informed by email at least two (2) business days before expiration of the initial deadline.

Such extension shall not entitle the Client to any compensation unless attributable to a clear and demonstrable fault on the part of the Service Provider.

5.3 Information Obligations

The Service Provider shall keep the Client informed of the progress of the project according to the agreed milestones and shall submit intermediate stages for approval.

The Service Provider shall promptly notify the Client of any circumstance likely to affect the performance of the services.

5.4 Non-Contractual Nature of Visuals

⚠ IMPORTANT NOTICE

Visuals, 3D renderings, master plans, and any other graphical representations provided by the Service Provider are indicative design documents intended for aesthetic and conceptual purposes only.

They do not constitute a contractual commitment regarding the technical, regulatory, or financial feasibility of the project.

Actual implementation remains subject to site constraints, local planning regulations, administrative authorizations, and the inherent uncertainties associated with outdoor construction works.

The Client is solely responsible for verifying project feasibility with the relevant authorities and contractors.

Article 6 – Client Obligations

In order to ensure proper performance of the services, the Client agrees to:

• Provide, as promptly as possible and under their sole responsibility, all information, documents, plans, photographs, measurements, and data required for the preparation of the study (plot dimensions, known constraints, aesthetic preferences, estimated construction budget, etc.);
• Verify the accuracy of all information supplied and assume responsibility for any consequences arising from inaccurate or incomplete information;
• Expressly approve each project phase within fifteen (15) business days following receipt, failing which the phase shall be deemed accepted;
• Pay all sums due according to the agreed schedule;
• Refrain from any use of deliverables that infringes the Service Provider’s intellectual property rights (see Article 10).

Failure by the Client to comply with these obligations may justify suspension or termination of the services at the Client’s sole fault, without prejudice to any amounts due to the Service Provider.

Article 7 – Amendments and Modifications

Following transmission and approval of the final master plan by the Client, any modification requested, regardless of its nature or extent, shall be subject to an additional quotation.

Such modifications shall only be undertaken after acceptance and signature of the additional quotation by the Client.

Unless otherwise specified in the supplementary quotation, each modification shall be invoiced at a fixed fee of €499 including VAT.

Modification requests must be submitted in writing (email or letter). Verbal or informal requests shall not be considered.

Article 8 – Right of Withdrawal

⚠ NO RIGHT OF WITHDRAWAL

In accordance with Article L.221-28(12) of the French Consumer Code, contracts for services fully performed before the expiry of the withdrawal period, where the consumer has expressly agreed to such performance and acknowledged the loss of the right of withdrawal, are exempt from the statutory fourteen (14) day withdrawal right.

The contract becomes definitive upon fulfillment of the conditions set out in Article 2.3.

Consequently, no refund may be claimed on this basis.

For contracts concluded with business customers (B2B), no statutory right of withdrawal applies.

Article 9 – Liability – Warranties – Limitation

9.1 Compliance Warranty

The Service Provider warrants that the services supplied shall conform to the accepted quotation.

In the event of proven non-conformity attributable solely to the Service Provider, the Service Provider shall correct or redo the affected services within fourteen (14) calendar days from written notification by the Client.

9.2 Limitation of Liability

The Service Provider’s liability is expressly limited to direct and foreseeable damages resulting from proven fault in the performance of the services.

Under no circumstances shall the Service Provider be liable for:

• Indirect, consequential, or intangible damages (including loss of profits, loss of enjoyment, commercial losses, etc.);
• Damages resulting from inaccurate or incomplete information provided by the Client;
• Consequences arising from local constraints not disclosed by the Client;
• Damages resulting from works carried out by third parties based on the Service Provider’s deliverables;
• Damages resulting from force majeure events as defined by Article 1218 of the French Civil Code.

In all circumstances, the Service Provider’s contractual liability shall be limited to the total amount actually paid under the contract concerned.

9.3 Force Majeure

The Service Provider shall not be held liable for delays or failure to perform resulting from force majeure events as defined under Article 1218 of the French Civil Code, including but not limited to:

• Natural disasters;
• Pandemics;
• General strikes;
• External cyberattacks;
• Failure of essential third parties.

The Client shall be informed as soon as reasonably possible.

Article 10 – Intellectual Property

10.1 Service Provider Rights

All deliverables produced by the Service Provider, including plans, 3D renderings, studies, visuals, digital models, and related materials, constitute intellectual works protected under applicable intellectual property laws.

The Service Provider remains the sole author and exclusive owner of all economic and moral rights relating thereto.

10.2 License Granted to the Client

Upon full payment of the services, the Service Provider grants the Client a non-exclusive, non-transferable, and non-sublicensable license to use the deliverables solely for personal purposes and exclusively for the completion of landscaping works on the Client’s own property.

Any other use is strictly prohibited without the prior written consent of the Service Provider.

In particular, the Client shall not:

• Reproduce, distribute, commercialize, transfer, or exploit the deliverables for purposes other than those expressly authorized herein;
• Communicate the deliverables to third parties (architects, landscape designers, contractors, etc.) without prior written notice to the Service Provider.

10.3 Image Rights and Portfolio Use

The Service Provider is authorized to use photographs and/or videos of its studies and completed projects, including before-and-after photographs supplied by the Client, for its own communication purposes (website, social media, marketing materials, etc.).

By providing such photographs, the Client expressly authorizes this use free of charge and for an unlimited duration.

Any objection must be communicated in writing.

Article 11 – Confidentiality

Each party undertakes to treat as strictly confidential all information and data obtained in connection with the execution of the contract and not to disclose such information to third parties without the prior written consent of the other party.

This confidentiality obligation shall survive termination or expiration of the contract for a period of five (5) years.

Article 12 – Personal Data Protection

The Service Provider collects and processes the Client’s personal data solely for the performance of the contract and management of the business relationship, pursuant to Article 6(1)(b) of the General Data Protection Regulation (GDPR).

In accordance with the GDPR and French Data Protection Act No. 78-17 of January 6, 1978, as amended, the Client has the following rights:

• Right of access;
• Right to rectification;
• Right to erasure (“right to be forgotten”);
• Right to restriction of processing;
• Right to object;
• Right to data portability;
• Right to lodge a complaint with the French Data Protection Authority (CNIL).

These rights may be exercised at any time by written request accompanied by proof of identity.

The Service Provider undertakes to respond within one (1) month of receipt of the request.

Personal data shall be retained for the duration necessary to perform the contract, plus applicable statutory limitation periods (five years for commercial matters).

Data shall not be sold or transferred to third parties for commercial purposes.

Article 13 – Termination

13.1 Termination for Breach

In the event of a serious breach by either party of its contractual obligations, the aggrieved party may terminate the contract automatically after serving formal notice by registered letter with acknowledgment of receipt, which remains unremedied for fifteen (15) business days.

13.2 Consequences of Termination

Where termination is attributable to the Client, any sums already paid shall remain vested in the Service Provider as liquidated damages.

Work completed up to the termination date shall be invoiced proportionally to the degree of completion.

Where termination is attributable to the Service Provider, amounts paid for services not yet performed shall be refunded.

Article 14 – Mediation and Dispute Resolution

In the event of a dispute concerning the execution, interpretation, or termination of the contract, the parties agree to seek an amicable resolution within thirty (30) days following written notification of the dispute.

Failing amicable resolution, and in accordance with Articles L.611-1 et seq. of the French Consumer Code, consumer Clients may refer the matter free of charge to:

CM2C – Consumer Mediation Center of Justice Conciliators

49 Rue de Ponthieu
75008 Paris – France

Email: cm2c@cm2c.net
Phone: +33 (0)1 89 47 00 14
Website: www.cm2c.net

Referral to the mediator must occur within one (1) year following the Client’s written complaint.

Mediation does not affect the parties’ right to bring proceedings before competent courts.

For disputes between businesses (B2B), exclusive jurisdiction shall be vested in the Commercial Court of Rennes, France.

Article 15 – Governing Law and Language

These GTCS shall be governed exclusively by French law.

In the event of dispute, the French-language version shall prevail, even where an English translation has been provided for information purposes only.

Article 16 – Severability – Entire Agreement – Waiver

Should any provision of these GTCS be declared invalid or unenforceable by a final court decision, the remaining provisions shall remain in full force and effect.

These GTCS, together with the signed quotation and any amendments thereto, constitute the entire agreement between the parties and supersede all prior agreements, communications, and documents relating to the same subject matter.

Failure by the Service Provider to enforce any provision of these GTCS at any given time shall not constitute a waiver of its right to enforce such provision in the future.