Terms And Conditions
Gardeners Kentish Town Terms and Conditions
These Terms and Conditions set out the basis on which Gardeners Kentish Town provides gardening and related services to residential and commercial customers. By making a booking, accepting a quotation, or allowing our operatives to commence work, you agree to be bound by these Terms and Conditions. Please read them carefully before placing an order for services.
1. Definitions
In these Terms and Conditions, the following words have the meanings given below:
Client means the person, company or organisation requesting the services of Gardeners Kentish Town.
Company means Gardeners Kentish Town, the gardening service provider.
Services means any gardening, lawn care, hedge cutting, pruning, soft landscaping, outdoor cleaning, seasonal maintenance, or related work that the Company agrees to carry out.
Site means the garden or outdoor area where the Services are to be performed.
Agreement means the contract between the Client and the Company, comprising these Terms and Conditions and any written quotation, booking confirmation, or service schedule provided by the Company.
2. Scope of Services
The Company will provide the Services as described in the quotation, booking confirmation, or agreed work specification. The Services may include routine garden maintenance, one-off tidy-ups, planting, lawn care, hedge trimming, tree and shrub pruning, weed control, and related tasks.
The Company reserves the right to refuse work that, in its reasonable opinion, is unsafe, unlawful, beyond the technical capability of the Company, or would require specialist qualifications or equipment not held by the Company.
Any changes to the agreed Services must be requested by the Client and confirmed by the Company before additional work is undertaken. Changes may affect the price and time required to complete the work.
3. Booking Process
The Client may request Services by phone, online enquiry, or other communication channel used by the Company from time to time. All bookings are subject to availability and acceptance by the Company.
Before confirming a booking, the Company may request photographs, a description of the garden, or, where necessary, arrange a site visit to assess the nature and scale of the work. Any quotation based solely on the Client's description or photographs is an estimate only and may be adjusted on arrival if the Site conditions differ materially from those described.
A booking is deemed confirmed when the Company issues a written or verbal confirmation and, where required, the Client has accepted the quotation and paid any requested deposit.
The Client must ensure that the contact details and Site address provided to the Company are accurate and kept up to date. The Company is not liable for delays or failures in providing Services where the information provided by the Client is incomplete or incorrect.
4. Access to the Site
The Client must ensure that the Company has safe and reasonable access to the Site for the duration of the agreed appointment, including access to any necessary parking, garden gates, pathways, and communal areas.
If the Client is not present at the time of the appointment, arrangements must be made for keys, access codes, or entry via a third party. The Client is responsible for ensuring that any means of access provided is lawful and authorised.
Where access is not available, or the Company is unable to commence work at the agreed time because of an issue under the Client's control, the Company may charge a call-out fee or a proportion of the quoted price to cover lost time and travel costs.
5. Client Obligations
The Client agrees to:
Provide accurate information about the Site, including any known hazards, underground services, delicate plants, or restricted areas.
Ensure the Site is reasonably clear of personal items, pet waste, and obstructions that would prevent or significantly delay the Services.
Secure pets and inform the Company of any pets on the premises that may affect the work or safety of the operatives.
Comply with all applicable regulations, lease terms, or freeholder requirements relating to the communal or external areas on which the Services are to be carried out.
6. Pricing and Quotations
Prices may be quoted on a fixed-price basis, hourly rate, or a combination of both, depending on the nature of the work. The basis of charging will be explained to the Client at the time of booking.
Written quotations are normally valid for a limited period from the date of issue, as specified in the quotation. If no period is stated, quotations are valid for 30 days. After this time, the Company may revise the quotation to reflect changes in costs or Site conditions.
Where work is undertaken on an hourly basis, the minimum charge and the method of rounding up time will be stated before the booking is agreed. The Client will be charged for the actual time spent on Site plus any agreed travel or waste disposal charges.
7. Payments
Payment terms will be communicated to the Client at the time of booking or quotation. Unless otherwise agreed in writing, payment is due immediately upon completion of the Services.
The Company may require a deposit for larger jobs or for work that involves the purchase of materials or plants. Deposits are non-refundable once the Company has incurred costs on behalf of the Client, except where the Company cancels the work without good cause.
Payment may be made by the methods accepted by the Company from time to time. Cash payments, where accepted, must be made directly to an authorised representative of the Company and a receipt will be issued upon request.
Where payment is not received by the due date, the Company reserves the right to charge interest on the overdue amount at the statutory rate permitted under UK law and to recover any reasonable costs incurred in pursuing late payment.
8. Cancellations and Rescheduling
The Client may cancel or reschedule a booking by giving the notice period specified by the Company, usually at least 24 hours before the scheduled appointment time. The specific cancellation terms applicable to a booking will be confirmed when the appointment is made.
If the Client cancels or reschedules with less than the required notice, the Company reserves the right to charge a cancellation fee, which may be a fixed amount or a percentage of the quoted price to cover the cost of lost time and scheduling.
The Company may cancel or reschedule a booking due to reasons beyond its reasonable control, including severe weather, unsafe Site conditions, staff illness, or equipment failure. In such cases, the Company will notify the Client as soon as reasonably practicable and offer an alternative appointment. The Company is not liable for any indirect loss or inconvenience arising from such cancellations.
9. Weather and External Conditions
Gardening work is subject to weather conditions. The Company will use its reasonable judgment to decide whether it is safe and appropriate to carry out the Services in adverse weather. Certain tasks may be unsafe or impractical in high winds, heavy rain, ice, snow, or extreme heat.
If work cannot proceed or must be curtailed due to weather or ground conditions, the Company may propose alternative tasks that can be carried out safely on the day or arrange a new appointment. Charges may be adjusted in line with the actual time spent and work completed.
10. Waste Handling and Regulations
The Client is responsible for clarifying at the time of booking whether green waste removal is required. Unless expressly agreed, quotations may assume that green waste will be left on Site in an agreed location, such as garden waste bins, compost areas, or bags.
Where the Client requests removal of green waste, additional charges may apply to cover labour, transport, and disposal costs. The Company will handle and dispose of green waste in accordance with applicable UK waste regulations and any relevant local authority requirements.
Removal of non-garden waste, building rubble, hazardous materials, or items not generated by the Company’s work is not included unless explicitly agreed and may require specialist contractors. The Company reserves the right to refuse to handle waste that it deems hazardous, inappropriate, or beyond its licensing scope.
The Client agrees not to request or encourage any disposal activities that would breach local or national waste laws, including fly-tipping or unauthorised dumping.
11. Materials, Plants and Equipment
Where the Company supplies plants, materials, or products, it will use reasonable care to select suitable items consistent with the agreed specification. Natural variations in plant size, shape, and growth are normal and do not constitute defects.
Any guarantees or care instructions relating to plants or materials will be explained where relevant. Ongoing performance and survival of plants depend on factors outside the Company’s control, including weather, soil conditions, pests, diseases, and the Client’s maintenance practices.
The Company will use its own tools and equipment unless otherwise agreed. The Client must not use the Company’s equipment without express permission. The Client must not request work using equipment or methods that are unsafe or unsuitable for the task.
12. Health and Safety
The Company will take reasonable steps to ensure that work is carried out safely, in line with applicable health and safety regulations and industry practice. This may include temporarily restricting access to certain areas of the Site during work.
The Client must inform the Company of any known hazards, including uneven ground, hidden obstacles, unstable structures, or potentially dangerous plants or chemicals. The Company is not liable for injury or damage caused by hazards that were not disclosed or could not reasonably have been identified.
13. Liability and Limitations
The Company will exercise reasonable skill and care in providing the Services. If the Client is dissatisfied with any aspect of the work, they must notify the Company within a reasonable period, allowing the Company the opportunity to inspect and, where appropriate, remedy the issue.
To the extent permitted by law, the Company’s total liability for any loss or damage arising under or in connection with the Agreement, whether in contract, tort, or otherwise, is limited to the amount paid or payable by the Client for the specific Services giving rise to the claim.
The Company is not liable for:
Any pre-existing damage or defects in the garden, structures, fences, paving, or plants.
Indirect or consequential losses, including loss of enjoyment, loss of profits, or loss of opportunity.
Damage resulting from instructions given by the Client that the Company advised against, provided such advice was clearly communicated.
Nothing in these Terms and Conditions limits or excludes liability for death or personal injury caused by negligence, fraud, or any other liability that cannot be excluded under UK law.
14. Insurance
The Company maintains public liability insurance appropriate for the nature of its Services. Evidence of insurance cover can be provided on request. The Client is responsible for arranging any additional insurance they deem necessary for their property or garden features.
15. Complaints and Disputes
If the Client has a complaint about the Services, they should contact the Company as soon as possible with full details of the issue. The Company will investigate and aim to respond promptly, proposing a remedy where appropriate.
Where a dispute cannot be resolved through informal discussion, the parties may consider mediation or other forms of alternative dispute resolution before commencing legal proceedings, where appropriate and proportionate.
16. Data Protection and Privacy
The Company will collect and use personal data, such as contact details and Site addresses, for the purposes of providing the Services, managing bookings, and administering its business. Personal data will be handled in accordance with applicable UK data protection laws.
The Company will not sell or share personal data with unrelated third parties for marketing purposes without the Client’s consent, except where required by law or where necessary to perform the Services through subcontractors or suppliers.
17. Subcontractors
The Company may, where necessary, use carefully selected subcontractors to carry out part or all of the Services. The Company will remain responsible for the overall performance of the Agreement and will ensure that any subcontractors comply with these Terms and Conditions where applicable.
18. Termination
Either party may terminate an ongoing maintenance arrangement by giving the notice period agreed in writing, or, if none is specified, by giving reasonable notice in writing.
The Company may terminate the Agreement immediately where the Client commits a serious breach of these Terms and Conditions, fails to provide safe access, engages in abusive behaviour towards staff, or fails to pay sums due within a reasonable time after reminder.
19. Changes to Terms and Conditions
The Company may update these Terms and Conditions from time to time to reflect changes in law, industry practice, or the scope of Services. The version in force at the time of booking will apply to that booking. Continued use of the Services after notification of updated terms will indicate acceptance of those changes for future bookings.
20. Governing Law and Jurisdiction
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.
The parties agree that 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.
By booking or receiving Services from Gardeners Kentish Town, the Client acknowledges that they have read, understood, and agreed to these Terms and Conditions.
