This translation is provided for convenience. The French version is the only legally binding one. Version française
These terms and conditions apply to all gardening, maintenance, tree care, garden design and landscaping services provided by VABAT PRESTIGE ("the Provider") to private or business clients ("the Client").
Article 1 – Quotes
Every service is subject to a free quote, drawn up after a visit or based on information provided by the Client. It details the work, supplies, unit and total prices, VAT rate, indicative timing and payment terms.
Quotes are valid for three (3) months from issue.
Article 2 – Orders
An order is formed by signing the quote with the words "Bon pour accord" and the date, or by accepting it electronically. For design and landscaping work, a 30% deposit may be requested, as stated on the quote.
Maintenance contracts run for one year and renew tacitly. Consumer clients are informed in writing one to three months before the end of the term of their right not to renew (article L215-1 of the French Consumer Code), and may terminate at any time after the first renewal with one month's notice.
Article 3 – Right of withdrawal
For contracts concluded at a distance or off-premises with a consumer, the consumer has fourteen (14) days from conclusion of the contract to withdraw without giving any reason.
The right may be exercised using the form below or any unambiguous statement, by post or email. All sums paid are refunded within fourteen days of receipt of the decision.
If the Client expressly requests that work start before the end of the withdrawal period, they remain liable for an amount proportional to the service provided until they notify their withdrawal. The right can no longer be exercised for a service fully performed before the end of the period with the Client's express prior consent and waiver.
Article 4 – Prices
Prices are in euros, excluding and including VAT at the rate applicable on the invoice date. Unless stated otherwise they include labour, travel within the service area and green waste removal. Any additional work requested is subject to a prior accepted supplementary quote.
Article 5 – Payment
Invoices are payable on receipt by bank transfer, cheque, card, cash within legal limits. Maintenance contracts may be paid monthly.
For business clients, late payment incurs penalties at three times the legal interest rate plus a fixed €40 recovery fee.
Article 6 – Performance
Timing is indicative. Work may be postponed due to bad weather, frozen or waterlogged ground, or prefectoral orders (drought, fire risk) without compensation.
For hedge trimming and tree work, the Provider respects the bird breeding and nesting period and may refuse work that would harm it.
Article 7 – Client obligations
- Provide access to the site on agreed dates and, where needed, access to water and electricity.
- Report underground networks (water, electricity, gas, irrigation, septic tank) and any fragile element.
- Obtain any required authorisations (co-ownership, planning, protected trees), unless stated otherwise on the quote.
- Water newly planted plants as recommended, unless covered by a maintenance contract.
Article 8 – Acceptance and guarantees
At the end of design or landscaping work, a joint acceptance may be held; any reservations are recorded in writing and lifted within a reasonable time.
Plant take guarantee: trees, shrubs and perennials supplied and planted by the Provider are guaranteed for one year, subject to watering and care in line with recommendations. Exceptional weather, frost, drought with water restrictions, animals, vandalism and lack of care are excluded.
Supplies sold benefit from the statutory conformity guarantee and the guarantee against hidden defects.
Article 9 – Liability and insurance
The Provider holds professional liability insurance (Assurance RC Professionnelle et garantie décennale : [assureur et n° de contrat à compléter]). For masonry work, the Provider holds ten-year liability insurance (garantie décennale, article L241-1 of the French Insurance Code), referenced on every quote and invoice. It is not liable for damage resulting from inaccurate or incomplete information from the Client, in particular unreported underground networks.
Article 10 – Green waste
Green waste is taken to an approved composting facility or reused on site (chippings, mulch) with the Client's agreement. Burning green waste is prohibited.
Article 11 – Force majeure
Neither party is liable for failure resulting from force majeure within the meaning of article 1218 of the French Civil Code.
Article 12 – Personal data
Client data is processed in accordance with our privacy policy.
Article 13 – Complaints and mediation
Complaints must be sent in writing to contact@vabat-prestige.fr or Le Belvédère, Bât. A2, 22 boulevard Tzarewitch, 06000 Nice, France. Consumers may refer disputes free of charge to the consumer mediator: [Médiateur de la consommation à compléter].
Article 14 – Governing law
These terms are governed by French law. For business clients, the commercial court of the Provider's registered office has sole jurisdiction.
Annex – Model withdrawal form
(Complete and return this form only if you wish to withdraw from the contract.)
To VABAT PRESTIGE, Le Belvédère, Bât. A2, 22 boulevard Tzarewitch, 06000 Nice, France, contact@vabat-prestige.fr:
I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract for the provision of the following service:
- Ordered on (*) / received on (*):
- Name of consumer(s):
- Address of consumer(s):
- Signature of consumer(s) (only if this form is notified on paper):
- Date:
(*) Delete as appropriate.
