Terms And Conditions

Gardeners Downe Service Terms and Conditions

These Terms and Conditions set out the basis on which Gardeners Downe provides gardening and related services to residential and commercial clients in the United Kingdom. By booking or using our services, you agree to be bound by these Terms and Conditions. Please read them carefully before making or confirming a booking.

1. Definitions

In these Terms and Conditions, the following expressions have the meanings set out below:

Client means the person, firm or organisation requesting the services of Gardeners Downe.

Company means Gardeners Downe, the gardening service provider.

Services means any gardening, garden maintenance, landscaping, clearance, or related work performed by the Company for the Client.

Booking means an appointment, order or agreement for the Company to provide Services to the Client, whether made by phone, online form, or in writing.

Site means the garden, outdoor area or premises at which the Services are to be provided.

2. Scope of Services

The Company provides a range of gardening and garden maintenance services, which may include lawn care, hedge trimming, pruning, planting, weeding, garden clearance, soft landscaping, seasonal tidy-ups and related tasks. The exact scope of the Services for each Booking will be agreed with the Client in advance, either verbally or in writing.

The Company reserves the right to refuse to perform any task that it considers unsafe, unlawful, beyond the agreed scope, or unsuitable for the Site conditions. The Company may suggest alternative approaches or phased work where appropriate.

3. Booking Process

Bookings may be made by the Client by contacting the Company and providing details of the required Services, the Site address, and preferred dates and times. All Bookings are subject to availability and confirmation by the Company.

The Company may request additional information or photographs of the Site to assess the scope of work and provide an estimate. Any estimate given is based on the information available at the time and may be revised if the Site conditions differ significantly on arrival.

A Booking will be regarded as confirmed when the Company has accepted the Booking and, where applicable, when the Client has accepted any written quotation or estimate and complied with any specified deposit requirements.

For larger projects or ongoing maintenance contracts, the Company may issue a written quotation or service agreement setting out the agreed scope of work, frequency of visits, and pricing structure. The Client will be deemed to accept these terms by confirming the Booking or allowing the Services to commence.

4. Access and Client Responsibilities

The Client must ensure that the Company has safe and reasonable access to the Site at the agreed time, including access to gates, paths, driveways and any areas where work is to be carried out.

The Client is responsible for ensuring that pets and children are kept away from the working area during the provision of Services and that any hazards on the Site are disclosed to the Company in advance, including uneven ground, ponds, hidden obstructions, or known issues with utilities.

Where access to water or electricity is reasonably required for the performance of the Services, the Client shall permit the Company to use these facilities at no additional cost.

5. Estimates, Quotations and Pricing

The Company may provide estimates based on an hourly rate, a fixed price, or a combination of both, depending on the nature of the work. All prices are quoted in pounds sterling and, unless expressly stated otherwise, are exclusive of any applicable taxes or statutory charges.

Where a fixed-price quotation is provided, it will be based on the described scope of work and known Site conditions. If additional work is requested by the Client, or if unforeseen issues arise that materially increase the time or materials required, the Company will discuss these with the Client and agree any revised charges before proceeding.

The Company reserves the right to review and adjust its rates periodically. For ongoing maintenance arrangements, any changes to rates will be notified to the Client in advance of the next scheduled visit.

6. Payments

Unless otherwise agreed in writing, payment for one-off Services is due on completion of the work on the day of the visit. For larger projects or phased work, the Company may require a deposit or staged payments, which will be confirmed prior to commencement.

Payments may be made by the methods notified by the Company from time to time. Cash payments should be made directly to the Company or its authorised representative on Site, where this has been agreed in advance.

For regular maintenance services, the Company may issue invoices on a per-visit, weekly, monthly, or other agreed cycle. Each invoice will specify a payment due date. Payment terms will usually be specified on the invoice; where not specified, payment is due within seven days of the invoice date.

If the Client fails to make a payment by the due date, the Company reserves the right to suspend further Services until all outstanding sums are paid and to charge reasonable interest or compensation in line with applicable UK law for late payment of commercial debts.

7. Cancellations and Rescheduling

The Client may cancel or reschedule a Booking by providing reasonable notice to the Company. Unless specified otherwise in a quotation or service agreement, the following will normally apply.

If the Client cancels or reschedules a Booking more than 24 hours before the scheduled start time, no cancellation fee will usually be charged. If the Client cancels or reschedules a Booking less than 24 hours before the scheduled start time, the Company may charge a cancellation fee up to a reasonable proportion of the expected charges, to reflect time reserved and any costs incurred.

If the Company needs to cancel or reschedule a Booking, it will provide as much notice as reasonably practicable and will offer an alternative date and time. The Company will not be liable for any indirect losses or consequential costs arising from such cancellation or rescheduling.

Where access to the Site is not available on arrival, or where the Client fails to attend where their presence is necessary and this prevents the Services from being carried out, the Company may treat the visit as a late cancellation and apply a reasonable call-out or cancellation charge.

8. Weather and Safety

The Company works outdoors and is therefore affected by weather conditions. In cases of severe weather, including high winds, storms, heavy rain, snow or ice, the Company may, at its discretion, postpone or modify the planned work if proceeding would be unsafe or likely to damage the garden or equipment.

Where a visit is postponed due to adverse weather, the Company will contact the Client to rearrange as soon as practicable. The Company will not be liable for any delay or failure to perform the Services where this is due to conditions beyond its reasonable control.

9. Equipment and Materials

The Company will provide its own tools and equipment necessary to carry out the Services, unless otherwise agreed. The Company will take reasonable care to ensure that its equipment is in safe working condition and used in a proper manner.

Where plants, materials, compost, aggregates or other supplies are required, these may be sourced by the Company or, if agreed, provided by the Client. If the Company sources materials, these will be charged to the Client at the agreed rate. Title in any materials supplied by the Company will not pass to the Client until payment has been received in full.

10. Garden Waste and Environmental Regulations

The Company will manage garden waste in line with applicable UK regulations and any local requirements regarding green waste, recycling and disposal.

Where waste removal is included in the quotation or agreed as part of the Services, the Company will remove and dispose of green waste generated by its work in a lawful and responsible manner. This may include clippings, prunings, leaves, and other organic garden material.

If waste removal is not included in the agreed Services, the Company will, where possible, place green waste in the Client's designated garden waste bin, compost area or agreed storage location on Site. It is the Client's responsibility to ensure they hold any necessary permits for green waste collection or disposal from the relevant authority.

Removal of non-garden waste such as general rubbish, construction debris or hazardous materials is not included in standard Services and may only be undertaken by prior agreement and in compliance with relevant environmental and waste management laws.

11. Liability and Insurance

The Company will exercise reasonable skill and care in providing the Services. The Company will take reasonable steps to avoid damage to the Site and any property belonging to the Client, but minor scuffing or disturbance may be unavoidable when undertaking gardening work.

The Company maintains appropriate insurance cover for public liability in connection with its Services. Details of current insurance cover may be made available to the Client upon reasonable request.

To the fullest extent permitted by UK law, the Company shall not be liable for any indirect or consequential loss, loss of profit, loss of enjoyment, or loss of use arising from the provision of the Services. The Company's total liability in respect of any claim arising out of the Services shall, where legally permissible, be limited to the total amount paid or payable by the Client for the specific Services giving rise to the claim.

Nothing in these Terms and Conditions excludes or limits liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot be excluded or limited by law.

12. Damage and Complaints

If the Client believes that the Company has caused damage to property or plants, or is dissatisfied with the standard of work, the Client must notify the Company as soon as reasonably possible, giving details of the issue and allowing the Company an opportunity to inspect the Site.

The Company will investigate any complaint in good faith and, where appropriate, may offer to rectify unsatisfactory work or repair damage that is clearly attributable to its negligence. The Client agrees not to carry out remedial work themselves or by appointing a third party without first giving the Company a reasonable opportunity to assess and remedy the situation.

13. Health, Safety and Site Conditions

The Company is committed to working in a safe and responsible manner. The Client must inform the Company of any known risks on the Site, including unstable structures, contaminated soil, sharp objects, hidden cables, or underground services.

The Company may refuse to undertake work in areas that it considers unsafe or where Site conditions pose unacceptable risks to personnel or equipment. In such cases, the Company will discuss alternative approaches with the Client where possible.

14. Intellectual Property

Any designs, planting plans, layouts, sketches, or conceptual proposals produced by the Company remain the intellectual property of the Company unless otherwise agreed in writing. The Client may use such materials only for the purposes of implementing the agreed Services at the Site.

15. Data Protection and Privacy

The Company will collect and process personal information about the Client only as necessary to arrange and deliver the Services, to manage Bookings and payments, and to meet its legal obligations. The Company will take reasonable steps to protect personal information against unauthorised access or disclosure and will not sell Client details to third parties.

The Company may contact the Client using the contact details provided in order to confirm appointments, discuss work, send invoices, or provide updates about the Services.

16. Termination

Either party may terminate an ongoing maintenance arrangement or service agreement by providing reasonable notice, as set out in any specific agreement or, where unspecified, by giving at least fourteen days notice in writing.

The Company may terminate or suspend Services with immediate effect if the Client fails to pay amounts due, behaves in an abusive or threatening manner towards personnel, or otherwise materially breaches these Terms and Conditions.

17. Changes to Terms and Conditions

The Company may update these Terms and Conditions from time to time to reflect changes in the law, its operating practices, or the Services offered. The latest version will apply to all new Bookings and to ongoing arrangements after the Client has been notified of the changes or the changes have been made available in a reasonable manner.

18. 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 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.

19. Severability

If any provision of these Terms and Conditions is held by a court or competent authority to be invalid, unlawful, or unenforceable, such provision shall be deemed deleted, but the remaining provisions shall continue in full force and effect.

20. Entire Agreement

These Terms and Conditions, together with any written quotation or service agreement issued by the Company and accepted by the Client, constitute the entire agreement between the parties in relation to the Services and supersede any prior discussions, correspondence or understandings.