LEGAL INFORMATION

General Terms and Conditions of Sale

Art. 1: Nature of Services

ECOLANDSCAPE CONSULTING is a brand of BUREAU D'ETUDES JARDIN-RÊVE. The latter is a company offering landscaping study services to private and public clients, whether individuals or organizations. It is a Limited Liability Company (E.U.R.L.) with a capital of 1000 euros, located at 2, Allée des Sources, 51140 MUIZON, France.
SIRET: 985 246 446 00019.
VAT Number: FR67985246446.

Art. 2: Purpose

These General Terms and Conditions of Sale (hereinafter "GTC") govern the relationship between BUREAU D'ETUDES JARDIN-RÊVE (hereinafter "the Company") and its clients, particularly when using its website ECOLANDSCAPECONSULTING.fr.

Art. 3: Contract Conclusion and Termination

Following an express request from the client for a quote via the ECOLANDSCAPECONSULTING.fr website or by other means, BUREAU D'ETUDES JARDIN-RÊVE will respond within forty-eight (48) hours.
The Company will then issue a quote (also referred to as an estimate), which will be valid for thirty (30) days from the date of issue. The quote will specify:
- The exact nature of the services to be provided,
- The price and payment terms.

To conclude the contract, the client must return this quote without modification by postal mail or email, duly signed and dated with the mention "approved" and, if applicable, the commercial stamp. Additionally, the client must pay a deposit of fifty percent (50%) of the total amount of the offer or thirty percent (30%), depending on the indications in the signed offer.

The contract is concluded on the date when BUREAU D'ETUDES JARDIN-RÊVE receives the signed offer and the deposit at its headquarters or via email.

The contract will terminate when BUREAU D'ETUDES JARDIN-RÊVE has completed its services as agreed and full payment has been made as per these General Terms and Conditions (see Art. 7). However, if the client has not contacted the Company within three (3) months from the last service delivery date, the Company will terminate the contract without refunding the deposit. The Company is not required to follow up with the client. If the client contacts the Company after this period, a new contract agreement procedure must be started.

Art. 4: Rights and Obligations of BUREAU D'ETUDES JARDIN-RÊVE

The Company will use all available means at the time of contract conclusion to perform the services. The Company will exchange necessary information for contract execution in either paper or electronic format, as needed, unless otherwise required.

Documents or original elements provided by the client, whether digital or paper, will be inventoried by BUREAU D'ETUDES JARDIN-RÊVE and returned upon request, no later than fifteen (15) days after the end of the contract (as defined in Art. 3).

For the execution of all or part of its services, BUREAU D'ETUDES JARDIN-RÊVE may involve approved partners at its own responsibility, who will be accepted by the client.

The Company may modify the contract as per the conditions in Art. 11 below.

In the event of assignment, BUREAU D'ETUDES JARDIN-RÊVE is authorized to substitute its assignee. This substitution will only be effective towards the client from the date the client is notified by registered mail with acknowledgment of receipt (LRAR).

From the effective date, the substitution will release BUREAU D'ETUDES JARDIN-RÊVE from all new obligations arising from the contract. The Company remains responsible for all obligations arising before the substitution, jointly with the substituted party.

Art. 5: Rights and Obligations of the Client

In addition to payment obligations (see Art. 7), the client agrees to provide BUREAU D'ETUDES JARDIN-RÊVE with all necessary documents in digital or paper form for the proper execution of services. The client should keep a copy of all originals sent to BUREAU D'ETUDES JARDIN-RÊVE.

The client agrees that information exchanges necessary for contract execution may occur in paper or electronic format, unless otherwise specified.

Services provided by the Company are for the exclusive use of the client. Plans or other documents sent or handed over by BUREAU D'ETUDES JARDIN-RÊVE should not be used outside the contractual relationship.

Art. 6: Pricing

Prices are calculated per hour or as a fixed fee, depending on the services requested.
Prices indicated in the quote (estimate) are expressed in euros and are subject to VAT.

Art. 7: Payment

The deposit payment is preferably made via bank transfer, using the details provided in the quote (estimate) or, exceptionally, by credit card via a payment link, as specified in Art. 3 for contract conclusion.
Payment of the final invoice is also preferably made via bank transfer, using the details provided or, exceptionally, by credit card via a payment link upon receipt of the invoice.

Late payment penalties will apply from the day after the invoice due date if the amounts due are not paid by that date.
The penalty rate is three (3) times the legal interest rate in effect at the time of contract signature. A fixed compensation of forty (40) euros for recovery costs is due in case of late payment. If recovery costs exceed this fixed amount, the Company may request additional compensation with justification.

Art. 8: Liability

If the client considers a service not in accordance with the contract, they must notify BUREAU D'ETUDES JARDIN-RÊVE by registered mail with acknowledgment of receipt, received within seven (7) working days from the date the service was due or the date the service was poorly executed.

In the event of non-performance by the Company of any obligation under this contract, the client must follow the dispute resolution provisions (Art. 21).
If seeking judicial remedy, the client must do so within two years from the date the service was due or poorly executed, under penalty of forfeiture (i.e., inability to pursue legal action).

Furthermore, the Company's liability is limited to direct damages caused by it. It is expressly agreed that BUREAU D'ETUDES JARDIN-RÊVE is not liable for indirect or moral damages resulting from direct damages caused to the client.

Art. 9: Insurance

BUREAU D'ETUDES JARDIN-RÊVE has subscribed to professional liability insurance with AXA under policy number 11251965004.

Art. 10: Contract Termination

Toute rupture pour quelque raison que ce soit, par le client du contrat de prestation en cours d’exécution ne pourra produire effet qu’après sa notification par l’envoi d’une LRAR au siège social de JARDIN-RÊVE.

Time spent up to receipt of the registered mail for the service to be performed will be invoiced and payable under the same conditions as the final invoices (see Art. 7).

Art. 11: Contract Modification

If, after the contract conclusion, BUREAU D'ETUDES JARDIN-RÊVE discovers that some elements used for the quote (estimate), such as the area to be treated, are not accurate, it is authorized to modify the contract to reflect this reality. In such cases, an amendment to the contract will be drafted, which will be attached to the original contract and may result in additional billing as specified (Art. 7).

If a change in circumstances requires it, either party may request a renegotiation of the contract on its anniversary date by registered mail with acknowledgment of receipt. During this phase, each party must continue to fulfill its obligations.
Each party agrees to negotiate in good faith to promptly amend the initial contract. Negotiations will be conducted directly between the parties without representation and cannot last more than thirty (30) days. After this period, if no agreement is reached, the initial contract will continue to apply under the present terms.

Art. 12: Confidentiality

Both parties agree not to disclose any information exchanged in any form during the conclusion and execution of this contract.

Art. 13: Ownership of Results

The components of the service provided by JARDIN-RÊVE communicated to the client are the property of the Company.
The client is prohibited from disseminating and publishing plans, images, perspectives, photomontages, or other documents resulting from the service provided by the Company without obtaining prior consent from BUREAU D'ETUDES JARDIN-RÊVE. Such consent may be freely refused without reason.

Art. 14: Copyright

Images, plans, logos, photos, and other elements presented on the ECOLANDSCAPECONSULTING.fr website are the property of JARDIN-RÊVE.

Art. 15: Personal Data Collection on ECOLANDSCAPECONSULTING.fr Website

No personal data is systematically collected during the use of the ECOLANDSCAPECONSULTING website.

However, personal data is collected when freely provided by the user through the "Contact Request" or "Quote Request" forms.
When completing one of these forms, the user's name, first name, address of the land to be developed, postal address (if different), and email address are collected.
The legal basis for processing is the user's consent expressed during the use of one of these forms. After their current use for the service, personal data is archived by the Company for a period not exceeding that necessary for its legal obligations.

Art. 16: Use of Personal Data Collected

Personal data is processed for:
- Website management,
- Customer service and user support,
- Improving and optimizing the user experience,
- Marketing and advertising purposes,
- Fraud prevention,
- Legal dispute management.

Art. 17: Sharing of Personal Data Collected

Personal data may be shared with service providers as necessary for executing the contract.
Personal data may be disclosed in the event of legal or regulatory requirements.
In the event of a partial or total sale of assets, merger, restructuring, or other transfer of assets, personal data may be transferred as part of these operations.
The user will be informed in advance if their personal data is transferred to a third party.

Art. 18: Transfer of Personal Data Outside the European Union

The company responsible for the ECOLANDSCAPECONSULTING website is PLANETHOSTER Inc., located at 4416 Louis B. Mayer, Laval (Quebec) H7P 0G1, Canada, and can be reached by phone at (Toll-Free Number): 0 805 080 426.
Personal data collected by JARDIN-RÊVE may be stored in France or Canada (Quebec). Canadian data protection laws may differ from those of the European Union. JARDIN-RÊVE remains responsible for the processing and data shared with its Canadian partners. The Company takes reasonable precautions to ensure that the processing complies with European Union regulations.

Art. 19: User Rights

In accordance with the General Data Protection Regulation (GDPR) of May 25, 2018, users have the right to access, rectify, delete, or limit the use of their data. Users can request access or deletion of their data by contacting JARDIN-RÊVE at contact@ECOLANDSCAPECONSULTING.fr. Users can also file a complaint with the CNIL in France.

Art. 20: Cookies

Cookies are used on the ECOLANDSCAPECONSULTING.fr website for technical, analytical, and marketing purposes.
Users can configure their browser settings to block or delete cookies. By continuing to browse the website, users consent to the use of cookies, valid for thirteen (13) months. Users can revoke their consent at any time via browser settings.

Art. 21: Applicable Law and Dispute Resolution

These GTCs override the specific conditions of professional clients.

For consumer clients: In case of a dispute related to the application or interpretation of these GTCs, the consumer client can refer the matter to the CM2C mediator (www.cm2c.net) to attempt an amicable resolution. In the absence of an amicable agreement, the dispute will be brought before the competent court.
For professional clients: In case of a dispute related to these GTCs, the parties must attempt amicable resolution through conciliation before initiating any legal proceedings. If conciliation fails, the dispute will be subject to the jurisdiction of the REIMS Commercial Court.