Gardeners Stockwell Terms and Conditions
These Terms and Conditions set out the basis on which Gardeners Stockwell provides gardening and related services to residential and commercial customers. By placing a booking or allowing work to commence, you agree that you have read, understood and accepted these Terms and Conditions. If you do not agree, you should not proceed with a booking or use our services.
1. Definitions
In these Terms and Conditions, the following expressions have the meanings given below:
Client means the person, company or organisation requesting or accepting services from Gardeners Stockwell.
Company, we, us or our means Gardeners Stockwell.
Services means any gardening, garden maintenance, lawn care, hedge cutting, pruning, planting, clearance, waste removal, landscaping preparation, or related work provided by the Company.
Site or property means the garden, grounds or premises where the Services are to be carried out.
Agreement means the contract formed between the Client and the Company when a booking is confirmed.
2. Scope of Services
The Company provides gardening and related services within its defined service area. The scope, timing and cost of the Services will be set out in a quotation, estimate, booking confirmation or agreed rate prior to work commencing wherever reasonably possible.
Any description of Services, whether in writing or verbally, is an outline only. The exact method and sequence of work shall be at the discretion of the Company, provided that the outcome is materially consistent with the description agreed with the Client.
The Company reserves the right to decline work that it considers unsafe, inappropriate for the conditions, beyond its technical capability or outside its service area.
3. Booking Process
Bookings may be requested via our online channels or other methods we make available from time to time. A booking is not confirmed until the Company has accepted it and provided confirmation to the Client.
The Client must provide accurate and complete information at the time of booking, including the address of the property, access details, any parking restrictions, the requested services and any known site conditions that may affect the work.
For certain work, particularly larger or more complex projects, the Company may need to carry out an assessment visit before confirming pricing and availability. Any timescales given prior to such an assessment are indicative only.
By confirming a booking, the Client warrants that they are the owner of the property or have the authority of the owner or occupier to authorise the Services to be carried out and to agree to these Terms and Conditions.
4. Quotations, Estimates and Pricing
Any price given prior to a site visit will be an estimate only based on the information supplied by the Client. The Company reserves the right to adjust the price if, following a site inspection or upon arrival, the actual work required differs from that described by the Client.
Where a fixed price quotation is provided after a site visit, it will normally remain valid for a specified period from the date of issue, after which the Company may revise it to reflect any change in costs or circumstances.
Prices are normally quoted inclusive of labour and, where specified, materials and green waste removal within reasonable limits. Additional charges may apply for excessive waste volumes, specialist materials or additional work requested by the Client that is outside the original scope.
5. Payments and Invoicing
The Client agrees to pay for the Services in accordance with the pricing and payment terms set out in the quotation, estimate or booking confirmation.
The Company may require a deposit or partial payment in advance, particularly for larger jobs or where materials must be purchased. Any such requirement will be communicated to the Client before the booking is confirmed.
Unless otherwise agreed in writing, payment for one-off Services is due immediately upon completion of the work, and payment for regular maintenance Services is due on the date of invoice.
The Company accepts payment by methods notified to the Client from time to time. The Client is responsible for ensuring that payment is made in full and on time.
If payment is not received by the due date, the Company reserves the right to charge interest on overdue sums at the statutory rate and to recover any reasonable costs of collection. The Company may also suspend or cancel further Services until all outstanding amounts are paid.
6. Cancellations and Rescheduling
The Client may cancel or reschedule a booking by giving the Company reasonable notice prior to the scheduled start time. The required period of notice will be specified in the booking confirmation or notified to the Client in advance.
Where the Client cancels a booking without sufficient notice, the Company may charge a cancellation fee or a call-out charge to cover costs incurred, including travel time and loss of allocated work time.
If the Company is unable to carry out the Services on the agreed date and time due to circumstances beyond its reasonable control, including severe weather, staff illness or access issues not caused by the Company, it will notify the Client as soon as reasonably practicable and arrange an alternative date. The Company will not be liable for any loss arising from such delays.
The Company reserves the right to cancel or terminate the Agreement at any time if the Client fails to provide safe working conditions, withholds access, fails to pay amounts due, or otherwise materially breaches these Terms and Conditions. In such cases the Company may charge for any Services already delivered and for reasonable costs incurred.
7. Access, Parking and Site Conditions
The Client is responsible for ensuring that the Company has safe and reasonable access to the property and the areas where the Services will be carried out at the agreed time.
The Client must provide information about any access codes, locked gates, restricted areas, pets, children, or other factors that may impact safe and efficient working.
The Client is responsible for arranging suitable parking or providing appropriate parking information where required. Any parking charges, fines or penalties incurred as a result of inaccurate information provided by the Client may be added to the Client’s invoice.
The Client must ensure that the Site is reasonably clear of obstacles, hazards and personal items prior to work commencing. The Company will take reasonable care but accepts no responsibility for damage to items left in the work area that could have been removed or protected by the Client.
8. Client Responsibilities and Consents
The Client is responsible for obtaining any necessary permissions, approvals or consents required for the Services, including but not limited to permissions from neighbours, landlords, management companies or local authorities.
The Client must notify the Company of any known underground services or features such as pipes, cables, irrigation lines or drain covers. The Company is not liable for damage to hidden or unknown services not reasonably identifiable before work begins.
The Client agrees not to instruct the Company’s staff to perform work that is unsafe, illegal, or outside the agreed scope without prior authorisation from the Company.
9. Waste Removal and Environmental Compliance
The handling and disposal of green waste and other materials will be in accordance with applicable waste and environmental regulations.
The quotation or booking confirmation will indicate whether green waste removal is included. Where removal is not included, waste may be neatly bagged or stacked at the property for the Client’s own disposal, if requested and feasible.
Where waste removal is included, this is subject to reasonable volume limits. Excessive volumes or non-green waste, such as soil, rubble, timber, plastics or general rubbish, may attract additional charges and will only be removed if agreed in advance.
The Company will not remove hazardous or contaminated waste, including asbestos, chemicals, oils, treated timber, or sharp objects such as broken glass, unless specifically agreed in writing and in compliance with relevant regulations.
10. Materials, Plants and Guarantees
Where the Company supplies materials or plants, it will use reasonable care in selection and sourcing. However, natural products such as plants, turf and timber are subject to variations and cannot be guaranteed to be free from minor imperfections.
The Company is not responsible for the condition of plants or lawns after completion of the Services where the Client fails to follow care instructions, watering schedules or seasonal maintenance recommendations.
Any manufacturer warranties on materials or equipment supplied will be passed on to the Client where possible, and any claims under such warranties will be subject to the terms of the manufacturer.
11. Liability and Insurance
The Company will exercise reasonable skill and care in providing the Services and will take reasonable steps to avoid damage to the Client’s property.
Nothing in these Terms and Conditions limits or excludes the Company’s liability for death or personal injury caused by its negligence, for fraud or fraudulent misrepresentation, or for any other matter which cannot be excluded or limited under applicable law.
Subject to the above, the Company’s total liability to the Client for any claim arising out of or in connection with the Services, whether in contract, tort or otherwise, shall be limited to the total price paid or payable for the specific Services giving rise to the claim.
The Company is not liable for indirect, consequential or economic losses, including loss of enjoyment, loss of profit, loss of use, or loss of opportunity, arising out of or in connection with the Services.
The Company holds appropriate public liability insurance and, where applicable, employer’s liability insurance. Details of cover can be made available to the Client upon request.
12. Complaints and Service Issues
If the Client is dissatisfied with any aspect of the Services, they should notify the Company as soon as possible, and in any event within a reasonable time after the issue arises.
The Client should provide a clear description of the concern and, where relevant, photographs of the area in question. The Company will investigate the matter and, where appropriate, offer a remedy such as rectification work or a partial refund.
Failure to raise concerns within a reasonable time after completion of the Services may affect the Company’s ability to put matters right and may limit any remedy available.
13. Force Majeure
The Company shall not be in breach of these Terms and Conditions nor liable for delay in performing, or failure to perform, any of its obligations where such delay or failure results from events, circumstances or causes beyond its reasonable control. This may include, without limitation, severe weather, flooding, storm damage, labour disputes, utility failures, transport disruptions, accidents or acts of government.
In such cases, the Company will take reasonable steps to resume Services as soon as practicable and may offer to reschedule affected bookings.
14. Amendments to Terms
The Company may update or amend these Terms and Conditions from time to time to reflect changes in law, business practices or service offerings. The latest version will apply to new bookings from the date it is published or otherwise notified to Clients.
For ongoing or long-term arrangements, the Company will notify the Client of any material changes that may affect existing Agreements. Continued use of the Services after such notification will be deemed acceptance of the updated Terms and Conditions.
15. Data Protection and Privacy
The Company will collect and process personal information about the Client only as necessary to manage bookings, provide Services, process payments and communicate about work or service updates.
The Company will take reasonable steps to keep personal data secure and will not sell personal information to third parties. Data may be shared with trusted partners or service providers where necessary to deliver the Services or meet legal obligations.
16. Governing Law and Jurisdiction
These Terms and Conditions, and any non-contractual obligations arising out of or in connection with them, are governed by and shall be 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 the provision of the Services.
17. Severability
If any provision of these Terms and Conditions is held by a court or other competent authority to be invalid or unenforceable in whole or in part, that provision shall, to the extent required, be deemed deleted, and the validity of the remaining provisions shall not be affected.
18. Entire Agreement
These Terms and Conditions, together with any quotation, booking confirmation or written variation agreed between the Client and the Company, constitute the entire agreement between the parties in relation to the Services and supersede any prior understandings or representations, whether oral or written.
No variation of these Terms and Conditions shall be effective unless in writing and signed or explicitly accepted by both the Client and the Company.
