Terms And Conditions
Gardeners South Kensington Service Terms and Conditions
These Terms and Conditions govern the provision of gardening and related services by Gardeners South Kensington to residential and commercial clients. By making a booking, accepting a quotation, or allowing work to commence, you agree to be bound by these Terms and Conditions.
1. Definitions
In these Terms and Conditions, the following words have the meanings set out below:
Client means the person, company, or organisation that requests or receives services from Gardeners South Kensington.
Company means Gardeners South Kensington, the gardening service provider supplying the services described in these terms.
Services means any gardening, garden maintenance, landscaping, clearance, or related work carried out by the Company.
Site means the garden, outdoor area, or property where the Services are to be carried out.
Agreement means the contract between the Client and the Company, comprising these Terms and Conditions together with any written quotation or booking confirmation.
2. Scope of Services
The Company provides a range of gardening and outdoor maintenance services, which may include routine garden care, lawn work, hedge cutting, planting, pruning, garden tidy-ups, garden waste removal in accordance with applicable regulations, and small-scale landscaping and improvement works.
The exact scope of work for each booking will be confirmed in writing through a quotation, email, text, or booking confirmation. Only the work described and agreed in that confirmation will be included in the price. Any additional work requested by the Client on the day may incur further charges and will be subject to the Companys agreement and availability.
3. Booking Process
3.1 The Client may request Services by contacting the Company with details of the property, garden size, and required work. The Company may request photographs, descriptions, or an on-site visit to assess the work before confirming the booking.
3.2 Bookings are subject to availability. The Company will confirm the date, estimated start time, and scope of Services once a booking has been accepted. No binding Agreement is formed until the Company sends a written confirmation of the booking or quotation acceptance.
3.3 For larger or more complex projects, the Company may provide a written quotation. Quotations are normally valid for a specified period stated on the quotation. If no period is stated, a quotation is valid for 30 days from the date of issue, after which the Company may revise it.
3.4 The Client is responsible for ensuring that all booking details are accurate, including access arrangements, parking information, and any site-specific requirements. The Client must inform the Company in advance of any hazards, restrictions, or special conditions at the Site.
4. Access and Site Requirements
4.1 The Client must ensure that the Company and its gardeners have safe and reasonable access to the Site at the agreed time, including access to necessary gates, communal areas, and parking where applicable.
4.2 The Client agrees to provide access to water and electricity where reasonably required for the Services. If the Client cannot provide these, the Client must inform the Company in advance so that alternative arrangements can be discussed. Additional charges may apply if the Company needs to supply alternative equipment or resources.
4.3 The Site must be reasonably clear of personal belongings, pet waste, and other obstacles that could impede the work or pose a health and safety risk. If the Company considers the Site unsafe or unsuitable, it may refuse to carry out or continue the Services and may charge a call-out or cancellation fee as set out in these terms.
5. Pricing and Payments
5.1 The Company may charge for Services on an hourly, daily, or fixed-price basis, as agreed in the booking confirmation or quotation. All prices will be stated in pounds sterling and are exclusive of any additional fees or charges not expressly included in the quotation or booking.
5.2 The rate or total price will depend on the nature of the work, the time required, the size and condition of the garden, the number of gardeners required, and any specialist equipment or materials involved.
5.3 Unless expressly stated otherwise, prices do not include the cost of plants, materials, or garden structures. These will be itemised separately where required. The Client must pay for such items as agreed before planting or installation.
5.4 The Company reserves the right to adjust the price if the information initially provided by the Client was incomplete or inaccurate, or if the condition of the Site significantly differs from what was reasonably anticipated. In such cases, the Company will discuss and seek the Clients approval for any revised charges before proceeding.
5.5 Payment terms will be confirmed at the time of booking. The Company may require a deposit for certain Services, especially for larger projects or where materials must be purchased in advance. Deposits are generally non-refundable once materials have been ordered, except where the Company cancels the Services.
5.6 Unless otherwise agreed in writing, payment of the balance is due on completion of the Services, or for ongoing maintenance, at the end of each visit or billing period. The Company may accept a range of payment methods, which will be specified in the booking confirmation or invoice.
5.7 If payment is not received by the due date, the Company reserves the right to charge interest on overdue balances and may suspend further Services until payment is made in full.
6. Cancellations, Rescheduling, and Delays
6.1 The Client may cancel or reschedule a booking by providing reasonable notice to the Company. Unless otherwise agreed, at least 48 hours notice is required to cancel or reschedule without charge.
6.2 If the Client cancels or reschedules with less than 48 hours notice, the Company may apply a cancellation fee, which may be a fixed amount or a percentage of the estimated fee for the booking, as set out in the booking confirmation or notified in advance.
6.3 The Company reserves the right to cancel or reschedule a booking due to adverse weather conditions, staff illness, equipment failure, or other circumstances beyond its reasonable control. In such events, the Company will attempt to provide as much notice as practicable and arrange an alternative date. The Company will not be liable for any loss arising from such cancellations or delays.
6.4 If the Client fails to provide access to the Site at the agreed time, or the Site is not in a condition that allows the Services to be carried out safely, the Company may treat this as a late cancellation and charge the applicable cancellation fee, including any reasonable travel and time costs incurred.
7. Client Obligations
7.1 The Client must provide accurate information regarding the Site, including any known underground services, cables, pipes, or other concealed features that may affect the work.
7.2 The Client is responsible for securing pets and ensuring they do not interfere with the work or pose a risk to staff. The Company is not responsible for any escape or injury of pets arising from failure to secure them.
7.3 The Client must not instruct staff to carry out work that falls outside the agreed Services or that would be unsafe or unlawful. Any such instructions will be refused, and the Company may withdraw from the Agreement if necessary.
8. Waste Handling and Environmental Regulations
8.1 The Company aims to manage garden waste in a way that is compliant with applicable waste and environmental regulations and consistent with good environmental practice.
8.2 Unless expressly stated in the quotation or booking confirmation, standard gardening Services do not automatically include removal of green waste from the Site. In many cases, waste may be bagged and left in the Clients designated area, compost bin, or garden waste container for local collection.
8.3 Where garden waste removal is included or requested, additional charges may apply depending on the volume, type of waste, and distance to disposal facilities. Waste removal charges will normally be specified in advance where reasonably possible.
8.4 The Company will not remove or dispose of hazardous or prohibited materials. If such materials are discovered at the Site, the Company may suspend work until they are safely removed by the Client or an appropriate specialist.
8.5 The Client is responsible for any local authority charges or requirements relating to garden waste collection at the property, unless otherwise agreed in writing.
9. Health and Safety
9.1 The Company takes reasonable steps to ensure that all Services are carried out safely and in accordance with relevant health and safety requirements.
9.2 The Client must inform the Company of any specific health and safety issues at the Site, including uneven surfaces, fragile structures, ponds, or potential hazards.
9.3 The Client must keep children, visitors, and pets away from the immediate work areas and any equipment or materials used by the Company.
10. Liability and Limitations
10.1 The Company will exercise reasonable care and skill in providing the Services. If the Company fails to deliver the Services with reasonable care and skill, the Client may request that the Company re-perform the Services or, where appropriate, provide a price reduction.
10.2 The Companys liability for any loss or damage arising out of or in connection with the provision of the Services shall, to the fullest extent permitted by law, be limited to the total amount paid or payable by the Client for the specific booking that gave rise to the claim.
10.3 The Company will not be liable for any indirect, consequential, or purely economic loss, including loss of profit, loss of enjoyment, or loss of use of the garden, arising from the Services or any delay or failure to perform them.
10.4 The Company is not liable for damage to any underground pipes, cables, or other concealed services that were not reasonably apparent or disclosed by the Client.
10.5 The Company is not responsible for damage or deterioration to plants, lawns, or garden features caused by existing conditions, pests, diseases, extreme weather, water restrictions, or failure by the Client to follow aftercare advice.
10.6 Nothing in these Terms and Conditions excludes or limits liability for death or personal injury caused by negligence, fraud, or any other liability that cannot legally be excluded or limited.
11. Materials, Plants, and Guarantees
11.1 Any plants, materials, or products supplied by the Company will be of a type and quality suitable for their intended purpose, as reasonably available from suppliers at the time of purchase.
11.2 The Company cannot guarantee the long-term survival or performance of plants or lawns due to the many factors beyond its control, including weather, watering, soil conditions, pests, diseases, and ongoing maintenance by the Client.
11.3 Where manufacturers or suppliers offer guarantees on products, such as turf, fencing, or equipment, those guarantees are subject to the terms of the manufacturer or supplier.
12. Complaints and Disputes
12.1 If the Client is dissatisfied with any aspect of the Services, the Client must notify the Company as soon as reasonably possible, preferably within 48 hours of completion, so that the Company has an opportunity to address the issue.
12.2 The Company will make reasonable efforts to investigate and resolve complaints promptly, which may include revisiting the Site to inspect the work and, where appropriate, carrying out remedial work.
13. Intellectual Property and Photographs
13.1 Any designs, plans, or written recommendations produced by the Company remain the intellectual property of the Company unless expressly transferred in writing.
13.2 The Company may, with the Clients consent, take photographs of the garden before and after work for records and promotional use. The Client may withhold or withdraw consent at any time, and the Company will respect such requests.
14. Data Protection and Privacy
14.1 The Company will collect and process personal data about the Client, such as name, address, and contact details, solely for the purposes of providing the Services, handling payments, and managing the business relationship.
14.2 Personal data will be stored securely and will not be sold or shared with third parties except where necessary to provide the Services, comply with legal obligations, or where the Client has given explicit consent.
15. Amendments to Terms and Conditions
15.1 The Company may update or amend these Terms and Conditions from time to time. The version in force at the time of the Clients booking will apply to that booking.
15.2 Any significant changes to the Terms and Conditions will, where reasonably practicable, be communicated to existing Clients whose ongoing contracts may be affected.
16. Governing Law and Jurisdiction
16.1 These Terms and Conditions, and any dispute or claim arising out of or in connection with them or the Services, shall be governed by and construed in accordance with the laws of England and Wales.
16.2 The courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms and Conditions or their subject matter.
17. Entire Agreement
17.1 These Terms and Conditions, together with any quotation, booking confirmation, or other written agreement, constitute the entire agreement between the Client and the Company in relation to the Services and supersede any prior understanding or arrangement, whether oral or written.
17.2 If any provision of these Terms and Conditions is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
By confirming a booking with Gardeners South Kensington or allowing work to commence, the Client acknowledges that they have read, understood, and agree to be bound by these Terms and Conditions.
