Gardeners Somers Town Terms and Conditions of Service

These Terms and Conditions set out the basis on which Gardeners Somers Town provides gardening and related outdoor services to residential and commercial customers. By making a booking, accepting a quotation, or allowing our gardeners access to your premises, you agree to be bound by these Terms and Conditions.

References to we, us, and our mean Gardeners Somers Town. References to you and your mean the customer who requests or receives services. These Terms and Conditions apply to all gardening, garden maintenance, clearance, and related services we provide within our service areas in the United Kingdom.

1. Scope of Services

1.1 Our services may include, but are not limited to, lawn mowing, hedge trimming, pruning, planting, garden tidy-ups, seasonal maintenance, garden clearance, weed control, basic landscaping, and other agreed gardening tasks.

1.2 The exact scope of work for each visit will be agreed in advance between you and us, either in writing or verbally, based on your requirements and the condition of your garden. Any description of services in our promotional materials is indicative only and does not form a binding specification.

1.3 We reserve the right to decline work that we consider unsafe, unlawful, unsuitable for our expertise, or beyond the agreed scope, including work at dangerous heights or involving hazardous materials.

2. Booking Process

2.1 Bookings can be made by contacting us through our accepted communication channels as indicated on our website or other marketing materials. By providing details of your property and service requirements, you confirm that the information you give is accurate and complete to the best of your knowledge.

2.2 We may offer either an hourly rate or a fixed-price quotation depending on the nature of the job. Fixed-price quotations are based on the information you provide and may be subject to change following an on-site assessment.

2.3 A booking is only considered confirmed when we have accepted your request and provided you with confirmation of the appointment date, time window, and any applicable charges or minimum call-out fees.

2.4 For larger or ongoing contracts, we may arrange an initial visit or consultation to assess the garden and discuss your requirements. Any estimate given during this assessment is provided in good faith but does not constitute a binding quotation until we confirm it in writing or clearly verbally.

2.5 You agree to provide clear access to the garden and any necessary information about your property, including access instructions, gate codes, or any specific restrictions or requirements relevant to the visit.

3. Pricing and Payment Terms

3.1 Our prices are stated either as an hourly rate or a fixed fee for specified tasks. Where work is charged hourly, we have a minimum charge which will be communicated at the time of booking.

3.2 Any prices quoted are inclusive or exclusive of VAT only as explicitly stated by us. If VAT applies, it will be charged at the prevailing rate.

3.3 Unless otherwise agreed, payment is due upon completion of the service on the day of the visit. For regular maintenance contracts or commercial clients, alternative payment terms may be agreed in advance.

3.4 We accept payment via commonly used methods in the UK. You agree to ensure that funds are available and that payments are made promptly. We reserve the right to suspend further services where outstanding invoices remain unpaid.

3.5 If any payment is not received by the due date, we may charge interest on the overdue amount at the statutory rate permitted under UK law and may also recover our reasonable costs of enforcing payment, including any debt collection fees.

3.6 Any additional work requested by you on the day of service that falls outside the original agreement may incur extra charges. These will be discussed with you before the additional work is carried out wherever possible.

4. Changes, Rescheduling and Cancellations

4.1 If you need to cancel or reschedule a booking, you must give us as much notice as reasonably possible. We operate a minimum notice period for cancellations or changes, which will be communicated at the time of booking.

4.2 Where you cancel or reschedule with less than the agreed minimum notice, we reserve the right to charge a late cancellation fee. This fee may be up to the full cost of the planned visit, depending on the circumstances and the work scheduled.

4.3 If we arrive at your property at the agreed time and are unable to gain access, or if the work cannot be carried out due to circumstances within your control, we may treat this as a late cancellation and charge a call-out or cancellation fee.

4.4 We may need to cancel or alter an appointment due to weather conditions, staff availability, access issues, health and safety concerns, or other factors beyond our reasonable control. In such cases, we will aim to notify you as soon as possible and offer an alternative appointment. We will not be liable for any loss arising from such changes, other than refunding any pre-paid amounts for services not delivered.

4.5 Regular maintenance visits may be adjusted seasonally to reflect changing daylight hours, growth rates, and weather patterns. We will seek to agree suitable changes with you where this affects the timing or duration of visits.

5. Access and Customer Responsibilities

5.1 You are responsible for ensuring that our gardeners have safe and suitable access to the garden and any agreed work areas at the arranged time. This includes unlocked gates or provision of keys, codes, or other access instructions.

5.2 You agree to inform us in advance of any hazards on your property, including uneven ground, fragile surfaces, hidden cables or pipes, ponds, allergies, or any other issues that may affect the safe performance of our work.

5.3 You must ensure that children and pets are kept away from the work area during our visit, and that any pet waste is cleared from lawns or working areas before we arrive. We reserve the right to refuse to work in areas heavily contaminated with pet waste or other health hazards.

5.4 You are responsible for ensuring that any required permissions, consents, or approvals from landlords, neighbours, local authorities, or other third parties are obtained before work begins, especially where boundaries, tree works, or shared areas are involved.

6. Tools, Materials and Waste Regulations

6.1 We will normally provide our own gardening tools and equipment suitable for the agreed tasks. If you request that we use your equipment, this is at your own risk and we do not accept liability for any damage to such equipment arising from normal use.

6.2 Where materials such as plants, compost, turf, or aggregates are supplied by us, they will be charged in addition to labour unless explicitly included in a fixed-price quotation. We will use materials that are suitable for typical gardening purposes, but natural variations in appearance, growth, and performance may occur.

6.3 We will comply with applicable waste and environmental regulations when handling and disposing of garden waste produced during our work. Our standard service may include collection and lawful disposal of green waste for an additional fee, which will be specified in advance.

6.4 Alternatively, where practical, we may use your existing garden waste bins or composting facilities if you request this and it is permitted by local regulations. Responsibility for ongoing management of bins and compost remains with you.

6.5 We do not remove general household waste, construction rubble, or hazardous materials. Any such waste present in the garden remains your responsibility and must be removed by an appropriate licensed carrier.

6.6 We reserve the right to decline removal of excessive garden waste that significantly exceeds what was anticipated at the time of booking, or to charge an additional fee to cover the extra time, labour, and disposal costs involved.

7. Health, Safety and Environmental Practices

7.1 We aim to follow good health and safety practices in line with applicable UK legislation. Our gardeners may use personal protective equipment and may adjust how work is carried out to safeguard themselves and others.

7.2 Where weed control products, fertilisers, or other treatments are used, we will aim to use them responsibly and in accordance with manufacturer instructions and relevant regulations. You agree to follow any guidance we give about keeping children and pets away from treated areas for a recommended period.

7.3 You acknowledge that gardening work can involve noise, dust, and temporary disruption. We will undertake reasonable efforts to minimise disturbance but cannot guarantee complete absence of inconvenience.

8. Quality of Service and Complaints

8.1 We aim to deliver a professional and reliable gardening service. If you are dissatisfied with any aspect of the work carried out, you should notify us promptly, preferably within 48 hours of the visit.

8.2 Where we agree that the service has not been provided with reasonable care and skill, we will arrange, at our discretion, to rectify the issue, provide a partial refund, or offer a credit towards a future visit, in accordance with your statutory rights.

8.3 Minor variations in appearance, plant growth, and the effects of weather or seasons are inherent in gardening and do not constitute a defect in the service.

9. Liability and Limitations

9.1 We will exercise reasonable care and skill when carrying out work on your property. However, you accept that gardening activity may involve an element of risk to plants, lawns, and existing garden features, particularly where they are already fragile or poorly maintained.

9.2 We shall not be liable for damage to plants, lawns, or garden features that results from pre-existing conditions, pests, diseases, unsuitable soil, extreme weather, or factors outside our control, nor for any loss arising from your failure to follow our aftercare advice.

9.3 Our liability for loss or damage to property caused by our negligence shall be limited to the reasonable cost of repair or replacement, taking into account age, condition, and fair wear and tear.

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

9.5 We shall not be liable for any indirect or consequential loss, loss of profit, loss of enjoyment, or loss of opportunity arising out of or in connection with our services, to the fullest extent permitted by law.

10. Property Damage and Boundaries

10.1 You must clearly identify any hidden features or vulnerable areas such as underground cables, irrigation systems, or delicate ornaments in or near the working area. We cannot be held responsible for accidental damage to concealed items that we could not reasonably have been expected to know about.

10.2 Where we carry out hedge cutting, tree pruning, or other boundary-related works, it is your responsibility to ensure that the work requested complies with any legal or neighbourly obligations relating to property boundaries and shared structures.

11. Intellectual Property

11.1 Any garden designs, planting plans, or written recommendations we provide remain our intellectual property unless specifically assigned to you in writing. You may use them only for your own garden at the property for which they were created.

11.2 We may, with your consent where legally required, take photographs of your garden before and after our work for record-keeping and promotional purposes. Any such images will not identify you personally without your express permission.

12. Data Protection and Privacy

12.1 We will collect and process personal information such as your name, address, and contact details only as necessary to manage your bookings, provide our services, and meet legal or accounting obligations.

12.2 We will handle your information in accordance with applicable UK data protection laws and will not sell your details to third parties. We may share information with service partners or advisers only where required to deliver our services or to comply with legal requirements.

13. Amendments to these Terms

13.1 We may update or amend these Terms and Conditions from time to time to reflect changes in the law, our services, or our business practices. The version in force at the time of your booking will normally apply to that particular service.

13.2 We may notify you of significant changes by publishing an updated version on our website or by other appropriate means. Continued use of our services after changes take effect will constitute acceptance of the revised terms.

14. Governing Law and Jurisdiction

14.1 These Terms and Conditions, and any dispute or claim arising out of or in connection with them or the services we provide, shall be governed by and construed in accordance with the laws of England and Wales.

14.2 You and we 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 our gardening services.

By booking or receiving services from Gardeners Somers Town, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.