Terms and Conditions

Article 1 – Scope

These terms and conditions exclusively apply to all our sales, contracts, and commercial transactions. Unless expressly accepted in writing, any conflicting or deviating conditions from our customers are not binding upon us. We explicitly reject all other general terms and conditions, including those found on correspondence, order forms, invoices, or any other documents from our clients or suppliers.

Article 2 – Formation of the Contract

The order of our goods, services, or contracts, and the acceptance of our quotations through written signature, is binding, final, and irrevocable.

In case of cancellation, we reserve the right to either enforce performance or claim termination of the contract, with compensation equal to 30% of the purchase/contract amount, in addition to compensation for any work already performed or deliveries made, as well as any other damages.

Article 3 – Quotations and Estimates

Estimates are non-binding and strictly indicative. The buyer cannot derive any rights from them. All dimensions and weights are approximate and for informational purposes only, and may not serve as grounds for dispute, refusal of works or deliveries, or price reduction.

Quotations are based on current labor and material costs. If these change, we reserve the right to proportionally adjust our prices, without giving the customer any right to cancel the agreement.

Quotations only include services and deliveries explicitly mentioned, assuming no additional difficulties or problems beyond those initially communicated. Additional requests, unforeseen circumstances, or extra work are not included in the quoted price.

Quotations are valid for 1 month. Any change in circumstances may lead to a price adjustment. We are not liable for errors caused by incorrect or incomplete information provided by the customer.

Article 4 – Delivery and Execution Terms/Conditions

Unless otherwise agreed, all delivery and execution times are purely indicative. Failure to meet them does not entitle the customer to terminate the contract, seek substitution, or claim damages.

Acceptance and use of goods, materials, installations, or equipment constitutes approval and acceptance.

The seller does not guarantee the growth, flowering, or continued development of delivered or planted vegetation unless explicitly agreed in writing.

We reserve the right to subcontract any part of the work or delivery, under our own responsibility.

We also reserve the right to replace agreed materials (even if brand-specified) with equivalent materials of the same price and quality.

Article 5 – Warranty Obligations

Our warranty for defects in delivered goods does not extend beyond the warranty offered by our suppliers and is subject to the same limitations found in their terms and conditions.

Customers are expected to inspect works and materials immediately upon completion for visible defects.

Our liability and warranties are void if the goods or works are subjected to abnormal use, overloading, or wear, or if repairs or modifications are made by the customer or any third party not appointed by us.

Article 6 – Complaints

Any complaints must be submitted to us by registered mail within 8 days of delivery or completion. After this period, deliveries and works are deemed accepted. Invoice disputes must also be submitted within 8 days of the invoice date.

All work is considered finally delivered one month after completion unless a formal acceptance report is issued sooner.

In the case of non-compliant or damaged goods for which we are liable, we are only obliged to replace the goods, with no liability for further damages. The cost of replacing, transporting, loading/unloading, and travel shall be borne by the buyer. Replaced items become our property.

Complaints do not entitle the customer to suspend or delay payment.

Article 7 – Invoicing and Payment

Unless otherwise agreed in writing, our invoices are payable immediately and without discount, even in the case of early payment.

We reserve the right to request any guarantees of payment we deem necessary.

Invoices are payable at our registered office, no later than 30 days from the invoice date, by bank transfer, deposit, or in cash to an authorized company representative.

If not paid on time, an interest of 12% per year will be charged automatically and without notice, from the due date, plus a penalty of 15% of the invoice amount, with a minimum of €250 and a maximum of €5000, as fixed damages for extrajudicial recovery costs.

In case of non-payment, we reserve the right to suspend further deliveries, stop work, or demand immediate payment of all previously delivered goods or services, especially if the customer's financial situation deteriorates. We may also consider the contract automatically terminated without notice.

Article 8 – Retention of Title

All designs, studies, photos, and drawings remain our exclusive property and may not be used, shared, or copied, even partially, without our written consent. Unauthorized use may result in a flat-rate penalty of 25% of the total value of the documents.

All delivered goods remain our property until full payment of principal, interest, and costs. However, the risk transfers to the customer upon delivery. Goods travel at the recipient’s risk. We are not liable for damage due to theft, overheating, frost, or re-growth issues.

Article 9 – Additional Work

Unless otherwise agreed in writing, we are entitled to carry out any replacements or additional work deemed necessary during execution. These will be billed accordingly and cannot result in liability if they are not expressly requested by the customer.

Ordering of additional work or deliveries is proven by their execution, without requiring written confirmation. They are charged at the current unit prices and are payable immediately after invoicing.

Article 10 – Termination of the Contract

If proper execution of the contract becomes impossible due to a breakdown in mutual trust or cooperation, we reserve the right to terminate it at any time without being liable for compensation.

If the customer fails to fulfill their obligations, we may terminate the agreement, which will then be considered automatically terminated at the customer's fault. The customer must pay for the work already done, plus 30% of the contract value as damages — unless the actual damage is greater, in which case the full loss will be claimed.

Article 11 – Liability

The contractor is not liable for any legal or regulatory violations that may arise from the normal execution of the works as instructed by the client. The client is assumed to have obtained all necessary permits.

Article 12 – Jurisdiction and Applicable Law

In case of disputes, only the Justice of the Peace and Courts of the judicial district of Ieper have jurisdiction. The contract is governed by French law.