Terms And Conditions

Gardeners The Hale Terms and Conditions of Service

These Terms and Conditions set out the basis on which Gardeners The Hale provides gardening, garden maintenance, lawn care and related outdoor services. By booking any service with Gardeners The Hale you agree to be bound by these Terms and Conditions. Please read them carefully before placing a booking.

1. Definitions

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

Client means the person or organisation requesting or receiving services from Gardeners The Hale.

Company means Gardeners The Hale, the gardening and outdoor services provider supplying the services.

Services means all gardening, garden maintenance, soft landscaping, lawn care, hedge cutting, pruning, clearance, planting, related work and any other services that the Company agrees to provide to the Client.

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

Agreement means the contract between the Client and the Company incorporating these Terms and Conditions and any written quotation or confirmation of booking.

2. Scope of Services

The Company provides a range of gardening and outdoor services including but not limited to garden maintenance, mowing, pruning, hedge trimming, weeding, planting, garden clearance, soft landscaping and seasonal garden care. The exact scope of work for each booking will be agreed between the Company and the Client and described in a quotation, work schedule or booking confirmation.

Any descriptions of services, photographs or examples provided in promotional material or on websites are for general guidance and do not form part of the Agreement unless expressly stated in writing. The Company reserves the right to adjust methods, tools and materials used in the delivery of the Services, provided that the overall standard and outcome are consistent with the Agreement.

3. Booking Process

3.1 Initial enquiry

The Client may contact the Company to request a quotation or to discuss potential Services. Following an enquiry, the Company may request further information about the Site, including its size, access arrangements, existing planting, desired outcomes and any specific hazards or restrictions.

3.2 Quotations and estimates

Where appropriate, the Company will provide a quotation or estimate for the Services. Quotations are normally based on the information supplied by the Client and, where necessary, a visit to the Site. Quotations are valid for a limited period, which will be indicated by the Company, and may be withdrawn or amended if not accepted by the Client within that period.

3.3 Acceptance and formation of contract

An Agreement is formed when the Client confirms acceptance of the quotation or books Services in writing, verbally or through any booking method made available by the Company, and the Company confirms acceptance of the booking. By accepting a quotation or confirming a booking, the Client accepts these Terms and Conditions.

3.4 Changes to bookings

Any changes to the scope, timing or frequency of the Services after a booking has been confirmed must be agreed between the Client and the Company. The Company reserves the right to adjust the price to reflect any agreed changes.

4. Access to the Site

The Client must ensure that the Company and its staff or contractors have safe and reasonable access to the Site for the duration of the Services. This includes providing access to gates, paths, driveways, electricity points and water supply where required.

If the Company is unable to access the Site at the agreed time, or if the Site is not in a suitable condition for the Services to be carried out, the Company may charge a call out fee or the full fee for the visit, at its discretion.

The Client must notify the Company in advance of any hazards, restrictions, pets, or security arrangements that might affect access or the safe provision of the Services.

5. Client Responsibilities

The Client is responsible for:

Ensuring that the Site is reasonably clear of obstructions, waste and personal items that could hinder the Services.

Informing the Company of any underground services, cables, pipes or irrigation systems that may be affected by gardening work.

Obtaining any necessary consents, permissions or approvals from local authorities, landlords, neighbours or other third parties for the Services.

Ensuring that children and pets are kept away from areas where machinery or chemicals are in use.

The Company will not be responsible for damage caused to concealed or unidentified services or property where the Client has not properly notified the Company of their presence.

6. Pricing and Payment Terms

6.1 Pricing

Prices are normally provided in the form of a quotation or rate card and may be based on hourly rates, day rates, fixed project prices or regular service plans. Unless otherwise stated, prices are exclusive of any applicable tax that the Company is legally required to charge.

6.2 Deposits

For certain projects, such as larger garden makeovers or multi-day works, the Company may require a deposit or advance payment before work commences. The amount and timing of such payments will be confirmed to the Client before the Agreement is finalised.

6.3 Payment methods and due dates

Payment terms, including accepted payment methods and due dates, will be stated in the invoice or booking confirmation. Unless otherwise specified, payment is due immediately on completion of each visit or, for project work, according to the agreed schedule of stage payments.

6.4 Late payment

If the Client fails to pay any sum due by the due date, the Company reserves the right to charge interest on the overdue amount and to recover any reasonable costs incurred in pursuing payment. The Company may also suspend or cancel further Services until all outstanding sums have been paid in full.

7. Cancellations and Rescheduling

7.1 Client cancellations

If the Client wishes to cancel or reschedule a booking, the Client must give as much notice as reasonably possible. The Company may apply the following general principles, unless different terms are stated in a specific quotation or agreement.

Where at least 48 hours notice is given before the scheduled start time, the Company will normally cancel or reschedule without charge.

Where less than 48 hours notice is given, the Company may charge a cancellation fee up to a reasonable proportion of the agreed fee for the visit, to cover costs and lost time.

7.2 Company cancellations

The Company reserves the right to cancel or reschedule a booking due to factors such as severe weather, staff illness, equipment failure, safety concerns or other circumstances beyond its reasonable control. In such cases, the Company will inform the Client as soon as practicable and arrange a new appointment. The Company will not be liable for any loss arising from such cancellations or delays, but any prepayments for the affected visit will be applied to the rescheduled visit or, if no reschedule is possible, refunded.

7.3 Adverse weather

Gardening work is affected by weather conditions, particularly heavy rain, storms, snow, high winds and extreme temperatures. If the Company considers that the weather makes it unsafe or impractical to carry out the Services to a reasonable standard, it may postpone the visit. The Company will work with the Client to arrange a suitable alternative date.

8. Quality of Service and Complaints

The Company aims to provide services with reasonable care and skill, consistent with standard practices for professional gardening companies in the UK.

If the Client is dissatisfied with any aspect of the Services, the Client should notify the Company as soon as reasonably possible, providing clear details of the issue. The Company will investigate the complaint and, where appropriate, may offer to rectify the issue, provide a partial refund or take other reasonable steps. The Client must allow the Company a reasonable opportunity to inspect and, where appropriate, remedy any alleged defect before seeking any further remedy.

9. Waste Handling and Environmental Regulations

9.1 Garden waste

As part of the Services, the Company may generate green waste such as grass cuttings, branches, leaves, weeds and plant material. The handling of this waste will be agreed with the Client in advance.

Where the Client has suitable composting facilities or green waste bins, the Company may place the waste in these containers on site.

Where removal of waste from the Site is requested and agreed, the Company will handle this in compliance with relevant UK waste regulations and duty of care requirements.

9.2 Non-green waste

The Company is not obliged to remove general rubbish, rubble, building materials or non-green waste unless this has been specifically agreed as part of the quotation. Additional charges may apply for the removal and lawful disposal of such waste.

9.3 Compliance with regulations

The Company will take reasonable steps to comply with environmental and waste disposal regulations applicable to gardening and outdoor services. The Client agrees not to request any disposal methods that would breach such regulations, such as fly tipping or uncontrolled burning of prohibited materials.

10. Use of Chemicals and Machinery

10.1 Chemicals and treatments

Where the Services involve the use of herbicides, pesticides, fertilisers or other treatments, the Company will use products that it considers appropriate and lawful for the intended purpose. The Client should inform the Company in advance of any allergies, sensitivities, pets or children that may be affected by the use of such products.

Following the application of chemicals or treatments, the Client must follow any safety guidance provided by the Company, including keeping people and animals clear of treated areas for recommended periods.

10.2 Machinery and tools

The Company may use powered tools and machinery such as mowers, strimmers, hedge trimmers and chainsaws. The Client must ensure that children, pets and other persons do not interfere with the machinery or enter the immediate working area. The Company may refuse to carry out work if it considers that conditions are unsafe.

11. Liability and Limitations

11.1 General liability

The Company will exercise reasonable care and skill in delivering the Services. However, gardening work involves inherent risks to plants, turf and existing structures, particularly when they are already in poor condition. The Company cannot guarantee specific results such as the survival of particular plants, the elimination of all weeds or pests, or a particular rate of growth or regrowth.

11.2 Damage to property

The Company will take reasonable care to avoid damage to the Client's property. The Client must inform the Company of anything particularly fragile, valuable or unusual at the Site. The Company will not be liable for damage to items left in the garden, such as ornaments, toys, furniture or decorations, unless caused by negligence.

11.3 Indirect loss

The Company will not be liable for any loss of profits, loss of enjoyment, loss of use, or any indirect or consequential loss arising out of or in connection with the Services, except where such liability cannot be excluded or limited by law.

11.4 Maximum liability

Subject to any non-excludable rights under UK law, the total liability of the Company to the Client in respect of any claim arising out of the Agreement shall not exceed the total amount paid or payable by the Client for the specific Services giving rise to the claim.

12. Insurance

The Company aims to hold appropriate insurance cover relevant to its gardening and outdoor services, such as public liability insurance. Details of insurance may be made available to the Client on reasonable request. The existence of insurance does not extend or increase the Company's liability beyond that set out in these Terms and Conditions.

13. Health and Safety

The Company will carry out the Services with regard to applicable health and safety legislation and good practice for gardening and landscaping work. The Client must take reasonable steps to ensure that the Site is safe for the Company to work on, including addressing any known hazards where possible.

If the Company considers that the Site or any part of the Services presents an unacceptable risk to health and safety, it may suspend or cancel the relevant work without liability. Any alternative arrangements or changes to the scope of Services will be agreed with the Client.

14. Termination

Either party may terminate an ongoing service arrangement by giving reasonable notice in writing, subject to any specific minimum term agreed in writing. The Company may terminate the Agreement immediately if the Client commits a serious breach of these Terms and Conditions, fails to pay amounts due, obstructs the Company in the performance of the Services or behaves in an abusive or threatening manner towards the Company's staff or contractors.

On termination, the Client must pay for all Services provided up to the date of termination and any non-cancellable costs incurred by the Company in reliance on the Agreement.

15. Data Protection and Privacy

The Company may collect and use personal information about the Client, such as name, address and service details, for the purposes of managing bookings, providing the Services and handling payments. The Company will take reasonable steps to protect personal information and will not sell or disclose it to third parties except as required to provide the Services, process payments, comply with legal obligations or with the Client's consent.

16. Changes to these Terms

The Company may update these Terms and Conditions from time to time. Any changes will normally apply to new bookings made after the updated terms have been made available. For ongoing regular services, the Company will notify the Client of significant changes and the continued use of the Services after such notice may constitute acceptance of the revised terms.

17. 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 such dispute or claim, subject to any rights the Client may have as a consumer to bring proceedings in another jurisdiction as permitted by law.

If any provision of these Terms and Conditions is found to be invalid, unlawful or unenforceable by a court or competent authority, that provision shall be deemed modified to the minimum extent necessary to make it valid, lawful and enforceable, and the remaining provisions shall continue in full force and effect.

By booking Services with Gardeners The Hale, the Client confirms that they have read, understood and agree to these Terms and Conditions.