Terms And Conditions
Gardeners West Hampstead Terms and Conditions
These Terms and Conditions govern the provision of gardening and related services by Gardeners West Hampstead to residential and commercial clients. By placing a booking or allowing work to commence, you agree to be bound by these Terms and Conditions. Please read them carefully before confirming a booking.
1. Definitions
In these Terms and Conditions, the following definitions apply:
Client means the person or organisation that requests and accepts the provision of services from Gardeners West Hampstead.
Company means Gardeners West Hampstead, the gardening service provider.
Services means any gardening, garden maintenance, landscaping, clearance, or related services provided by the Company.
Visit means a single attendance at the Client property by the Company to perform Services.
Property means the external or garden areas where the Services are to be carried out, as identified at the time of booking.
2. Scope of Services
The Company provides gardening and garden maintenance services, which may include lawn mowing, hedge trimming, pruning, weeding, planting, garden tidy-ups, soft landscaping, seasonal maintenance, and related tasks as agreed with the Client. Any Services to be provided will be confirmed at the time of booking, either as a one-off Visit or as part of a regular schedule.
The Company will use reasonable skill and care consistent with professional gardening standards. However, gardening work is dependent on weather and seasonal conditions, and results such as growth, flowering, and long-term plant performance cannot be guaranteed.
3. Booking Process
3.1 Enquiries and quotations
The Client may request a quotation by providing details of the Property and the required Services. Quotations may be given based on a description, photographs, or an in-person assessment, at the Company discretion. Any quotation is an estimate based on the information provided and is not binding until confirmed in writing by the Company.
3.2 Acceptance of booking
A booking is confirmed when the Client accepts the quotation or service description communicated by the Company and the Company confirms the appointment date and time. The Company reserves the right to refuse or cancel any booking at its sole discretion, for example where access is not suitable, safety cannot be assured, or the requested Services fall outside the Company expertise.
3.3 Regular maintenance schedules
Where the Client books regular maintenance, the Company will agree a schedule of Visits such as weekly, fortnightly, or monthly. While the Company will make reasonable efforts to adhere to agreed dates and times, all timings are estimates and may be subject to change due to factors such as weather conditions, traffic, staff availability, or unforeseen events. Any significant changes will be communicated to the Client as soon as reasonably practicable.
4. Access to the Property
The Client is responsible for ensuring that the Company has clear, safe, and timely access to the Property at the agreed time. This includes providing any necessary keys, codes, or access instructions in advance, and ensuring that gates and pathways are unlocked and unobstructed.
If the Company is unable to gain access to the Property, or if access is unsafe, the Visit may be cancelled or rescheduled, and the Client may be charged a call-out or cancellation fee in accordance with these Terms.
5. Client Obligations
The Client agrees to:
Provide accurate information about the Property and any known hazards, such as unstable ground, sharp objects, or potentially dangerous animals.
Keep children, pets, and other persons away from the work area during the Visit for safety reasons.
Ensure that water and electricity, where reasonably required for the performance of the Services, are available and safe to use.
Inform the Company in advance of any restrictions, covenants, or landlord requirements that may affect the Services.
Obtain any necessary permissions or consents from property owners, neighbours, or authorities for the Services to be carried out.
6. Pricing and Payment
6.1 Pricing
Prices for Services will be provided in advance where possible. Pricing may be based on an hourly rate, a fixed fee per Visit, or a project-based quotation for larger works. Any additional work outside the original scope may incur extra charges, which the Company will explain to the Client before proceeding where reasonably practicable.
6.2 Payment terms
Payment is due in accordance with the payment terms communicated at the time of booking or as stated on the invoice. The Company may request payment on completion of each Visit, in advance for certain Services, or on a regular invoicing cycle for ongoing maintenance.
Accepted payment methods will be communicated by the Company. The Client is responsible for ensuring that payments are made in full and on time. Where payment is not received by the due date, the Company reserves the right to suspend further Services until payment is made and to charge interest on overdue amounts at the statutory rate or a reasonable rate notified to the Client.
6.3 Deposits
For larger projects or materials-heavy work, the Company may require a deposit prior to commencement. Deposits are generally non-refundable once the Company has committed time or purchased materials specifically for the Client, except where otherwise required by law.
7. Cancellations and Rescheduling
7.1 Client cancellations
The Client may cancel or reschedule a Visit by providing reasonable notice. The minimum notice period will be communicated by the Company at the time of booking. Where insufficient notice is given, the Company may charge a cancellation fee, which may be a fixed amount or a percentage of the quoted price for the Visit.
If the Client repeatedly cancels or reschedules appointments at short notice, the Company reserves the right to terminate the service arrangement.
7.2 Company cancellations
On occasion, the Company may need to cancel or reschedule a Visit due to weather conditions, staff illness, operational issues, or other events beyond its control. The Company will provide as much notice as reasonably possible and will seek to arrange an alternative date and time. The Company will not be liable for any loss arising from such cancellations, subject to the limitations set out in these Terms.
8. Weather and Safety Conditions
Gardening work is heavily influenced by weather conditions. The Company may decide, at its sole discretion, to postpone or limit certain tasks where conditions are unsafe or unsuitable, such as during high winds, heavy rain, storms, or extreme heat. This is necessary to protect staff, the Client property, and the quality of the work.
The Client acknowledges that some tasks, such as the use of powered machinery, working at height, or handling heavy materials, carry inherent risks. The Company will follow reasonable safety practices but reserves the right to refuse to undertake any task that, in its opinion, cannot be carried out safely.
9. Materials, Plants, and Guarantees
Where the Company supplies plants, materials, or products as part of the Services, ownership will pass to the Client once full payment has been received. The Company will use reasonable care in sourcing plants and materials of appropriate quality. However, living plants are subject to conditions beyond the Company control, including weather, soil, pests, diseases, and Client aftercare.
Unless expressly agreed in writing, the Company does not guarantee the long-term survival or performance of plants or lawns. The Client is responsible for ongoing care, such as watering, feeding, and maintenance, in accordance with any guidance provided by the Company.
10. Garden Waste and Waste Regulations
10.1 Handling of green waste
During the provision of Services, the Company may generate green waste such as grass cuttings, hedge trimmings, weeds, branches, and other plant material. The default approach to waste handling will be agreed with the Client at the time of booking or during the Visit.
Options may include:
Using the Client own garden waste bins where available and suitable.
Composting green waste on site, if the Client has an appropriate area and consents.
Removing green waste from the Property for lawful disposal or recycling, which may incur an additional charge to cover labour, transport, and disposal costs.
10.2 Compliance with waste regulations
The Company will handle and dispose of green waste in accordance with applicable waste and environmental regulations. The Company will not remove general household rubbish, hazardous waste, soil contaminated with chemicals or oils, or any items classified as controlled or special waste except where explicitly agreed and in compliance with relevant rules.
The Client must not request the Company to dispose of waste in an unlawful manner, such as fly-tipping or mixing controlled waste with green waste. If the Client asks the Company to handle waste in a way that may breach regulations, the Company will refuse and may terminate the Visit.
11. Damage and Liability
11.1 Duty of care
The Company will take reasonable care when carrying out the Services to avoid damage to property, plants, structures, and utilities. However, some incidental disturbance is inherent in gardening and landscaping works, particularly during clearance or renovation projects.
11.2 Client property and belongings
The Client is responsible for removing or protecting any fragile, valuable, or sentimental items from the work area before the Visit. The Company will not be liable for damage to items left in the garden or work area that could reasonably have been removed or protected by the Client.
11.3 Underground services and hidden features
The Client must inform the Company of any known underground services or hidden features such as cables, pipes, irrigation, septic tanks, or covered wells that could be affected by digging or planting. The Company will not be liable for damage to underground services that were not reasonably apparent or disclosed by the Client.
11.4 Limitation of liability
Nothing in these Terms excludes or limits the Company liability for death or personal injury caused by its negligence, fraud, or any other liability that cannot be excluded by law.
Subject to the foregoing, the Company liability to the Client arising out of or in connection with the Services, whether in contract, tort, or otherwise, shall be limited to the total amount paid by the Client for the specific Visit or project from which the claim arises. The Company will not be liable for any indirect or consequential loss, loss of profit, loss of enjoyment, or loss of opportunity.
12. Complaints and Disputes
If the Client is dissatisfied with any aspect of the Services, they should notify the Company as soon as possible, ideally within 48 hours of the Visit, so that the Company has the opportunity to inspect the work and, where appropriate, to remedy any issues. The Company will make reasonable efforts to resolve complaints promptly and fairly.
If a dispute cannot be resolved directly between the parties, the Client may seek advice from an appropriate advisory body or pursue any legal rights available under applicable law.
13. Termination of Ongoing Services
Either party may terminate an ongoing maintenance arrangement by giving the notice period agreed at the time of booking, or if no period was agreed, by giving reasonable notice in writing. The Company may terminate the arrangement immediately where the Client fails to pay invoices when due, breaches these Terms, behaves abusively towards staff, or where continuing the arrangement is impractical or unsafe.
14. Privacy and Data
The Company will collect and use Client personal data only to the extent necessary to provide the Services, manage bookings, issue invoices, and communicate with the Client. Personal data will be handled in accordance with applicable data protection laws. The Company will not sell Client personal data to third parties.
15. Amendments to these Terms
The Company may update or amend these Terms and Conditions from time to time. Any changes will take effect for new bookings from the date they are published or notified. For ongoing maintenance arrangements, the Company will provide notice of significant changes, and continued use of the Services after such notice will constitute acceptance of the updated Terms.
16. Governing Law and Jurisdiction
These Terms and Conditions, and any dispute or claim arising out of or in connection with them or the provision of Services by Gardeners West Hampstead, 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 or the Services.
17. Entire Agreement
These Terms and Conditions, together with any written quotation or service description provided by the Company and accepted by the Client, constitute the entire agreement between the parties in relation to the Services. No oral statement, promise, or representation shall alter or supplement these Terms unless confirmed in writing by the Company.
By booking or continuing to receive Services from Gardeners West Hampstead, the Client confirms that they have read, understood, and agree to these Terms and Conditions.
