The company Nature and Home
ARTICLE 1 – Scope of Application
These General Terms and Conditions of Sale (the ‘GTC’) apply, without restriction or reservation, to any contract (the ‘Contract’) under which the company NATURE & HOME (the ‘Service Provider’) offers the supply, delivery, installation, and fitting (the ‘Services’) of garden homes (the ‘Home(s)’) and the supply of products (the ‘Products’) to consumers and non-professional clients (the ‘Clients’ or the ‘Client’).
The Client and the Service Provider are collectively referred to as the ‘Parties’.
The Client is required to read these General Terms and Conditions prior to signing any contract. The selection and purchase of a Product are the sole responsibility of the Client. The Client acknowledges having received, prior to the conclusion of the Contract, in a clear and understandable manner, all information necessary for the purchase of the Product.
The Client’s signature of the Contract constitutes acceptance, without restriction or reservation, of these General Terms and Conditions. As these GTC may be subject to subsequent modifications, the version applicable to the Client’s purchase shall be the one in force on the date the Contract is concluded.
The Service Provider’s contact details are as follows:
NATURE & HOME
142 bis Avenue Thibaud de Champagne
77144 Montévrain
France
Email: contact@natureandhome.fr
SIRET: 94386482700010
The Client is informed that, in accordance with Article L.221-18 of the French Consumer Code, they have a right of withdrawal for a period of fourteen (14) days following the signing of the quotation. Should the Client wish to exercise this right of withdrawal, they must send the withdrawal form attached to these General Terms and Conditions to the Service Provider by registered letter with acknowledgment of receipt, to the Service Provider’s address indicated above.
However, in accordance with Article L.221-28 of the French Consumer Code, the Client shall not benefit from a right of withdrawal where the garden home has been manufactured according to the Client’s specifications or has been clearly personalized (custom-made).
ARTICLE 2 – Formation of the Contract
2.1. Prior to signing the Contract, the Client acknowledges having been informed of the information referred to in Articles L.111-1, L.111-2, and L.221-5 of the French Consumer Code, in particular the essential characteristics of the garden homes, products, and services, as well as their respective prices.
The Contract shall be deemed to be formed when (i) the quotation issued by the Service Provider has been validated and signed by the Client, and (ii) the feasibility of the project has been approved by the urban planning authority of the location where the ordered garden home is to be installed, as well as by the technician appointed by the Service Provider under the conditions set out in Article 4.1 of these General Terms and Conditions.
Quotations issued by the Service Provider are valid for a period of two (2) months. In the event that the municipality of the future installation site refuses to grant the required administrative authorizations, or in the event of a technical impossibility to install the garden home identified by the Service Provider’s technician, the Contract shall be deemed null and void, with no compensation payable by either Party.
2.2. Where the Client intends to apply for financing from a banking institution in connection with the performance of these General Terms and Conditions, the formation of the Contract shall be subject to the Client obtaining the relevant loan. This condition must be expressly stated in the quotation issued by the Service Provider.
The Client undertakes to submit the loan application file within a maximum period of fifteen (15) days following the signing of the quotation. This suspensive condition shall be deemed fulfilled as soon as the Client has received one or more final loan offer(s), or at least one certificate issued by a bank or credit institution confirming its agreement to grant the requested loan.
The Client shall monitor the progress of their application, take all necessary steps to provide the requested banking institutions with all documents and information required for the implementation of the loan, and use their best efforts to obtain the final loan offer(s) under the conditions defined above.
In the event of a refusal by the banking institutions to grant the loan, the Client must provide evidence of all steps taken. This condition must be fulfilled no later than three (3) months following the signing of the quotation.
The Client undertakes to inform the Service Provider as soon as possible, and in any event no later than two (2) days, of the receipt of a loan offer or of a loan refusal.
In the event that the Client fails to obtain the loan(s) necessary to finance the purchase price, the Parties shall be released from all obligations towards each other, with no compensation payable by either Party.
Only in the event that the loan is obtained shall the Service Provider proceed with the submission of the application file to the urban planning authority, as referred to in Article 4.1.
ARTICLE 3 – Maison de jardin et Produits
The main characteristics of the garden home and the Products are set out in the quotation. The list of garden homes and Products and their characteristics presented on the Service Provider’s website and/or catalogues and/or commercial brochures may be modified at any time in order to better meet the Client’s needs, reflect technical developments, or comply with any applicable regulations.
Photographs of the garden homes and Products shown on the website or in brochures are provided for illustrative purposes only as regards their appearance. While they are intended to be as accurate as possible, they cannot guarantee perfect conformity with the garden homes and Products actually sold and installed, particularly with respect to colors. The conformity of the garden homes and Products shall be assessed solely by reference to the specifications and characteristics set out in the quotation provided to the Client.
All brand names of the various Products are provided for information purposes only and may be replaced with equivalent or similar products.
ARTICLE 4 – Services – Acceptance Procedures
4.1. Administrative Authorizations and Technical Site Visit
4.1.1. Once the quotation issued by the Service Provider has been validated and signed by the Client, the Service Provider shall apply, on the Client’s behalf, to the municipality of the future installation site for all administrative authorizations required for the performance of the Contract. The application for administrative authorization shall be submitted in the name of the Client, in their capacity as project owner. The Client therefore undertakes to cooperate fully with the Service Provider by providing all information and documents necessary for the submission of the authorization application to the urban planning authorities.
4.1.2. The Service Provider shall not be held liable in the event that the urban planning authorities refuse to grant the administrative authorizations required for the performance of the Contract.
4.1.3. A technical site visit by the Service Provider’s technician, intended to validate the technical feasibility of installing the garden home, shall be carried out after the administrative authorizations have been obtained from the municipality. The purpose of this visit is to ensure the feasibility of the project on the Client’s property. The technical visit shall be carried out in the presence of the Client.
4.1.4. In the event that the administrative authorizations are not obtained, or if the technical site visit demonstrates that the installation of the garden home on the Client’s property is not feasible, the Contract shall be deemed null and void, in accordance with Article 2 of these General Terms and Conditions.
4.2. Installation and Assembly
The installation and assembly services for the garden home and the Products are governed by these General Terms and Conditions of Sale or, where applicable, by any specific terms agreed in a quotation accepted by the Client.
The Client’s presence is mandatory on the day of installation and assembly of the garden home and the Products in order to validate the exact positioning of the garden home.
The date of installation and assembly of the garden home shall be determined by mutual agreement between the Parties, based on their respective availability.
The Client shall remain fully responsible for any ground preparation and site development required to enable the installation and assembly of the garden home, and to ensure that the installation and assembly services comply with the applicable administrative authorizations.
The Client shall also remain fully responsible for connecting the garden home to water, electricity, and wastewater networks and shall therefore carry out all necessary steps in this regard. The Service Provider’s sole responsibility shall be to leave the connection systems prepared at the garden home’s outlets.
The ceiling height indicated on the plans is subject to a tolerance of ±5 centimeters. The surface areas (m²) indicated on the plans, brochures, or website are gross areas including wall thickness and are subject to a tolerance of ±1 m² at the time of acceptance. The thicknesses of walls, floors, and roofing are subject to a tolerance of ±3 centimeters.
4.3. Performance Timelines
**Delivery timelines are provided for information purposes only, and the Service Provider shall not be held liable in the event of any delivery delay.
The delivery timeline shall be communicated to the Client after the administrative authorizations have been obtained and following validation by the Service Provider’s technician in accordance with Article 4.1.2.
Given that the Client’s presence is required for the installation and assembly of the garden home, the installation date shall be determined by mutual agreement between the Parties, based on their respective availability.”
4.4. Acceptance
Unless otherwise agreed, acceptance of the garden home shall take place on the day the installation and assembly of the garden home are completed.
Acceptance confirms the proper completion of the garden home and constitutes the starting point for statutory liabilities and legal warranties.
Acceptance shall be recorded in a dated acceptance report specifying any reservations, which the Service Provider undertakes to remedy within a period of sixty (60) days. Each reservation lifted must be formally signed off by the Client.
The lifting of reservations shall be requested by the Service Provider from the Client under the same conditions and timeframes as acceptance. It shall be recorded in a reservations clearance report, dated and signed by both Parties.
The Client may refuse acceptance only in the event of incomplete works or defects equivalent to non-completion or requiring major remedial works. The reasons for refusal must be stated in the acceptance report.
An intermediate acceptance shall be carried out upon completion of the foundations and the rough floor structure.
ARTICLE 5 – Price
The Client undertakes to pay the price set out in the quotation. Prices are expressed in euros, excluding taxes (HT) and including all taxes (TTC).
The Service Provider shall provide the Client with the final invoice summarizing the amounts still due on the day of installation of the garden home.”
ARTICLE 6 – Payment Terms and Conditions
The price shall be paid by cheque or bank transfer to the Service Provider’s account, in accordance with the following terms:
- Fifty percent (50%) of the total price upon validation of the project’s feasibility by the municipality and the Service Provider’s technician, as referred to in Article 2 hereof.
- Forty-five percent (45%) of the total price on the date of installation of the foundation system.
- The balance shall be payable on the day of acceptance.
Invoices are payable upon receipt.
Any delay in payment after the due date shall give rise to late payment interest calculated at a rate equal to three (3) times the legal interest rate in force on the invoice date.
Late payment shall also result in the immediate payment becoming due of all amounts owed by the Client, without prejudice to any other action the Service Provider may be entitled to take against the Client in this respect.
Furthermore, in the event of non-compliance with the payment terms set out above, the Service Provider reserves the right to suspend performance of the Contract or to terminate the Contract at the Client’s sole fault, following a formal notice to pay remaining without effect for a period of one (1) month from its receipt.
Any payment delay shall extend the completion timeline accordingly.”
ARTICLE 7 – Retention of Title
The transfer of ownership of the Products and the garden home is expressly subject to full payment of the price, including principal and ancillary amounts.
ARTICLE 8 – Warranties – Liability
8.1. Statutory Warranty of Conformity and Hidden Defects of the Products
**In accordance with applicable legal provisions and at no additional cost, the Service Provider warrants the Client against any lack of conformity (Articles L.217-4 et seq. of the French Consumer Code) or any hidden defects (Article 1641 of the French Civil Code) resulting from a defect in the design or manufacture of the Products ordered, under the conditions and in accordance with the terms set out in the quotation.
The Service Provider’s warranty is strictly limited to reimbursement of the Products and Services actually paid for by the Client. The Service Provider shall not be held liable or deemed in default for any delay or failure to perform resulting from the occurrence of a force majeure event as customarily recognized by French case law.
8.2. Statutory Builders’ Warranties
As from the acceptance of the installation and assembly works of the garden home, the Client shall benefit from three types of statutory warranties vis-à-vis the Service Provider, who is deemed to be a builder within the meaning of Article 1792-1 of the French Civil Code:
- The ten-year structural warranty
- The two-year warranty of proper functioning
- warranty of perfect completion
The service provider guarantees the customer against:
- Defects compromising the solidity of the work or rendering it unfit for its intended use, appearing within ten (10) years of acceptance;
- Defects affecting separable equipment components of the structure that do not function, or do not function properly, appearing within two (2) years of acceptance;
- Reservations noted in the acceptance report and not withdrawn, as well as defects, regardless of their nature or significance, appearing within one year of acceptance of the work.
8.3.< 0 >Liability
The Service Provider shall not be held liable in the event of misuse or improper use of the Products and/or the garden shed.
The Service Provider cannot be held liable in the event that a product malfunctions due to normal wear and tear or damage to the product caused by negligence or lack of maintenance on the part of the customer, or any modifications or dismantling of the products from the initial signed plan.
The service provider’s liability and the guarantees offered shall be completely waived if the installation and its operating conditions are modified by the customer without the service provider’s consent.
ARTICLE 9 – Insurance
The service provider holds an insurance policy covering its professional civil liability and ten-year civil liability, in accordance with Articles L. 241-1 and L. 241-2 of the Insurance Code.
It shall provide proof of these policies at any time during the performance of the contract and at the customer’s first request.
The client is informed that, prior to the start of the project, they must take out construction damage insurance guaranteeing, regardless of any determination of liability, payment for all repair work for damage covered by ten-year liability, in accordance with the provisions of Article L.242-1 of the Insurance Code.
ARTICLE 10 – Intellectual property and referencing
The service provider retains ownership of all intellectual property rights relating to estimates, studies, drawings, models, prototypes, plans, etc., produced (even at the request of the project owner) for the purpose of performing the contract.
The client shall refrain from reproducing or exploiting said estimates, studies, drawings, models, prototypes, plans, etc., without the express prior written authorization of the service provider, which may make such authorization conditional upon financial compensation.
The client undertakes to return to the service provider all documents provided by the latter in the absence of validation of the estimate.
With regard to references, the customer expressly authorizes the service provider to refer to the services performed for the customer. In this respect, the customer expressly authorizes the service provider to publish or present, for internal or external advertising purposes, on the internet or in its catalogs, photos, plans, or other elements of the project carried out for the customer.
As such, the service provider undertakes to respect the customer’s image rights and privacy.
ARTICLE 11 – Personal data
Personal data collected about the customer is processed by the service provider in its capacity as data controller. The legal basis for this processing is:
- The execution of pre-contractual or contractual measures, when the purposes pursued are as follows: preparation of estimates, production, management and tracking of orders, collection of invoices,
- The legitimate interest pursued by the service provider, when the purposes pursued are as follows: prospecting, managing customer or prospect relationships, measuring customer satisfaction, organizing commercial events, responding to legal action;
- Compliance with legal and regulatory obligations, when the purposes pursued are as follows: accounting, invoicing, or any obligation that may be imposed on the Service Provider or injunction that may be issued to it by a legal authority.
The service provider only retains data for the period necessary for the operations for which it was collected and in compliance with the regulations in force.
Thus, customer data is retained:
- For the duration of the contractual relationship, extended by three years for promotional and prospecting purposes, without prejudice to retention obligations or limitation periods,
- Five years after the end of commercial relations with regard to the warranty of the Products,
- 10 years for accounting records from the end of the fiscal year,
- In the event of legal action against the service provider, for the duration of said action.
Prospect data is kept for a period of 3 years after the last contact from them.
The data may also be kept in order to be able to respond to any legal action, for the duration of the limitation period provided for by applicable law.
Access to personal data will be strictly limited to employees of the data controller who are authorized to process it due to their duties. The information collected may be communicated to third parties linked to the service provider by contract for the performance of subcontracted tasks, without the customer’s authorization being required. It may also be communicated to third parties in response to an injunction from the legal authorities. However, the data will not be transferred outside the European Union.
In accordance with Law No. 78-17 of January 6, 1978, relating to data processing, files, and freedoms, as amended by Law No. 2004-801 of August 6, 2004, and European Regulation No. 2016/679, customers and prospects have the right to access, rectify, erase, restrict, object to, and transfer data concerning them, under the conditions and in accordance with the procedures defined by the aforementioned regulations.
Customers and prospects also have the right to define general and specific guidelines concerning how they wish the rights mentioned below to be exercised after their death.
These rights may be exercised by writing to the postal address or email address mentioned above, enclosing valid proof of identity.
The persons concerned may also lodge a complaint with the National Commission for Information Technology and Civil Liberties (CNIL).
ARTICLE 12 – Unforeseeability
These GTC expressly exclude the legal regime of unforeseeability provided for in Article 1195 of the Civil Code.
ARTICLE 13 – Force majeure
In the event of force majeure as defined by the Civil Code, the parties’ obligations under the contract shall be suspended for the duration of the force majeure event and shall resume as soon as the event ceases.
It is expressly agreed that the health crisis linked to the coronavirus epidemic constitutes a force majeure event.
No recourse may be taken for failure to perform the contract attributable to a case of force majeure. In the event of such an event preventing the service provider from fulfilling its commitments, the service provider undertakes to inform the customer as soon as possible.
The parties may freely terminate the contract in the event that the force majeure event persists beyond sixty (60) days from the occurrence of the force majeure event, without either party being entitled to claim damages.
ARTICLE 14 – Applicable law – Disputes
These Terms and Conditions and the transactions arising therefrom between the service provider and the customer are governed by and subject to French law.
Any disputes that may arise between the consumer customer and the service provider, and to which these Terms and Conditions may give rise, concerning their validity, interpretation, execution, termination, or consequences, must be subject to an attempt at amicable resolution before any legal action is taken.
Firstly, the customer is invited to contact the service provider directly to try to find an amicable solution.
If no agreement can be reached, the customer will also have the option of submitting the dispute relating to these GTC to a consumer mediator. The Service Provider proposes that the Customer entrust the settlement of the dispute to the association
Rue Jehan de Brie 77640 Jouarre
Coordonnées du Médiateur : 06. 31 .89 .85 .14
Only in the event of failure of the attempt at amicable settlement, or failing that, of the mediation process, once such failure has been formally acknowledged, shall any disputes arising in connection with the performance of these General Terms and Conditions be submitted to the jurisdiction of the competent courts under ordinary law.
Withdrawal Form
For the attention of NATURE & HOME < 0 >
142 bis Avenue Thibaud de Champagne
77144 MONTÉVRAIN
I/We () hereby notify you of my/our () withdrawal from the contract relating to the supply, delivery, assembly, and installation of a garden home and related equipment, as provided for in quotation no. ………………………………………, dated ………………………………… < 0 >
Client Name(s): < 0 >
Client Address(es): < 0 >
Client Signature(s): < 0 >
Date: < 0 >
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CONTACT DETAILS
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NATURE&HOME
142 bis Avenue Thibaud de Champagne
77144 Montévrain
France
