Terms And Conditions

Gardeners Coney Hall Terms and Conditions of Service

These Terms and Conditions govern the provision of gardening and related services by Gardeners Coney Hall to residential and commercial clients. By booking or using any of our services you agree to be bound by these Terms and Conditions. Please read them carefully before placing a booking.

1. Definitions and Interpretation

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

Client means the person, firm or organisation requesting the services from Gardeners Coney Hall.

Company means Gardeners Coney Hall, which provides gardening and related services.

Services means any gardening, garden maintenance, soft landscaping, clearance, hedge cutting, lawn care, planting or other related services provided by the Company.

Site means the garden, outdoor area or other premises where the Services are to be carried out.

Agreement means the contract between the Client and the Company incorporating these Terms and Conditions, any written quotation and any agreed variations.

2. Scope of Services

The Company will provide Services as described in the written quotation, job description or booking confirmation issued to the Client. The Client is responsible for checking that the description of the Services meets their requirements before confirming a booking.

Any additional work requested on Site that is outside the original agreed scope may be charged separately, either on a fixed-price basis or at an hourly rate, as advised by the Company and agreed by the Client.

The Company reserves the right to refuse or discontinue Services if the requested work is unsafe, illegal, environmentally harmful or materially different from the scope originally agreed.

3. Booking Process

Bookings may be requested by the Client by telephone, online form or other method offered by the Company from time to time. A booking is not confirmed until the Company has issued a confirmation, which may be verbal or written, and any required deposit has been received.

The Client must provide accurate information about the Site, including size, access, parking arrangements, any known hazards and any restrictions imposed by landlords, neighbours, local authorities or other third parties.

The Company may, at its discretion, carry out an initial Site visit or request photographs and descriptions before confirming a quotation or booking, particularly for larger or more complex projects.

Preferred dates and times for visits are subject to availability. The Company will use reasonable efforts to accommodate the Client’s preferences but does not guarantee specific appointment times, especially where work is weather-dependent.

4. Quotations and Pricing

Any quotation provided by the Company is normally valid for a limited period from the date of issue, as specified in the quotation. If no period is stated, quotations are valid for 30 days.

Quotations may be based on either a fixed price for a defined scope of work or an hourly or daily rate. The basis of the quotation will be clearly indicated in the written or verbal description.

If the information provided by the Client before quotation differs materially from the actual conditions encountered on Site, the Company reserves the right to amend the quotation or charge additional fees, subject to the Client’s agreement before continuing work.

All prices are stated in pounds sterling. Any applicable taxes or statutory charges will be applied in accordance with UK law and will be clearly identified where required.

5. Payments and Invoicing

The Company may require a deposit before commencing work, particularly for larger projects, purchase of materials or advance booking of multiple visits. The amount and due date of any deposit will be confirmed during the booking process.

Unless otherwise agreed in writing, payment of the balance is due immediately upon completion of the Services or upon receipt of the invoice, whichever is earlier. For ongoing maintenance contracts, the Company may invoice monthly or at another agreed interval.

Payments may be made by any method accepted by the Company at the time of invoicing. The Client is responsible for ensuring that payment reaches the Company in cleared funds by the due date.

Where payment is not received by the due date, the Company reserves the right to charge interest on the overdue amount at the statutory rate, to suspend further Services and to recover any reasonable costs of collection, including legal fees and administrative expenses.

6. Client Responsibilities

The Client must ensure that the Company and its personnel have safe and reasonable access to the Site at the agreed times, including access to gates, communal areas, parking and, where relevant, keys or access codes.

The Client is responsible for securing pets and informing the Company of any relevant Site rules, neighbour considerations, conservation restrictions or other regulations applicable to the property.

The Client must notify the Company of any known hazards at the Site, such as unstable structures, hidden cables, contaminated soil, ponds, sharp objects or previous chemical treatments that may affect the safety of personnel or the success of the work.

The Client must ensure that external water and electricity supplies are available where reasonably required for the performance of the Services, unless otherwise agreed in writing.

7. Cancellations and Rescheduling

If the Client wishes to cancel or reschedule a booking, the Client must notify the Company as early as possible. For standard gardening visits or small jobs, the Company normally requires at least 24 hours notice. For larger projects or full-day bookings, at least 48 hours notice is generally required.

Where the required notice is not given, the Company reserves the right to charge a cancellation fee. This may be a reasonable proportion of the quoted price, or a minimum call-out fee, reflecting time reserved and any costs already incurred.

The Company may cancel or reschedule a booking in the event of severe weather, health and safety concerns, staff illness, equipment failure or other circumstances beyond its reasonable control. In such cases, the Company will endeavour to rearrange the visit as soon as practicable and any deposit for uncompleted work will be transferred to the rearranged booking or, where appropriate, refunded.

8. Weather and Seasonal Factors

Gardening work is inherently affected by weather and seasonal conditions. Certain tasks may need to be delayed, modified or carried out in stages to protect plants, lawns and soil structure or to comply with good horticultural practice.

The Company will advise the Client where weather or seasonal factors are likely to affect the programme of work. The Client acknowledges that timing of results for services such as lawn treatments, planting and pruning will depend on conditions beyond the Company’s control.

9. Materials, Plants and Equipment

Where the Company supplies plants, turf, soil, mulch, aggregates or other materials, it will take reasonable care to select products of suitable quality, taking into account the Site conditions and the Client’s stated preferences.

All plants are living organisms and their survival depends on correct aftercare, appropriate weather and freedom from pests and diseases. The Company cannot guarantee the long-term survival or performance of plants once the work is completed, unless expressly agreed in writing as part of a separate maintenance arrangement.

All tools and machinery brought onto the Site by the Company remain the property of the Company. The Client must not use or allow others to use the Company’s equipment without express permission.

10. Waste Removal and Environmental Regulations

Garden waste generated by the Services may be handled in various ways, as agreed with the Client. Options may include leaving waste on Site in designated areas, placing waste in the Client’s own green waste bins or removing waste from the Site for disposal or recycling.

Where waste removal is included, it will be clearly stated in the quotation or booking confirmation. If not specified, the default assumption is that waste will be left neatly on Site for the Client to dispose of using local collection or recycling services.

The Company will comply with applicable UK regulations relating to the transport and disposal of green waste and other materials arising from the Services. The Client agrees not to request disposal methods that contravene waste or environmental legislation.

Additional charges may apply where substantial quantities of waste, soil or hard materials such as rubble or old fencing require removal, especially if these were not accounted for in the original quotation.

11. Health and Safety

The Company will operate in accordance with applicable UK health and safety legislation and will take reasonable steps to protect its personnel, the Client, visitors and members of the public while Services are being carried out.

The Client agrees not to interfere with or misuse any equipment, tools, barriers or warning signs introduced by the Company for safety reasons. Children, pets and other persons should be kept away from areas where work is actively being undertaken.

Where the Company considers that the Site conditions present an unacceptable risk, it may suspend or modify the Services until adequate safety arrangements can be made.

12. Liability and Limitations

The Company will exercise reasonable care and skill in providing the Services. If the Client believes that the Services have not been performed to a reasonable standard, the Client must notify the Company as soon as possible and in any event within a reasonable time after completion.

Where a defect or shortcoming in the Services is established, the Company may, at its option, re-perform the relevant part of the Services, offer a reasonable price reduction or provide another appropriate remedy, having regard to UK consumer law where applicable.

The Company’s liability for loss or damage arising out of or in connection with the Services is limited to the amount paid or payable by the Client for the specific Services giving rise to the claim, except where liability cannot be limited under UK law.

The Company will not be liable for indirect or consequential loss, loss of profit, loss of enjoyment, loss arising from delays caused by weather or external factors, or for damage arising from defects, weakness or instability in the existing structures, paving, boundaries, trees, plants or installations at the Site that were not caused by the Company’s negligence.

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 under UK law.

13. Property Damage

The Company will take reasonable care to avoid damage to buildings, fences, hard surfaces, underground services and other property. The Client must inform the Company of the location of any buried services such as cables, pipes, irrigation systems or drainage wherever reasonably possible.

Where damage occurs as a direct result of the Company’s negligence, the Company will work with the Client to agree a fair and proportionate remedy, which may include repair, replacement or a reasonable financial compensation within the overall liability limits set out in these Terms and Conditions.

14. Insurance

The Company will maintain appropriate public liability insurance and, where relevant, employers liability insurance for the nature of the Services carried out. Evidence of cover may be provided to the Client upon reasonable request.

15. Complaints and Dispute Resolution

If the Client has a concern or complaint about the Services, the Client should raise it with the Company as soon as possible, providing clear details and any relevant evidence. The Company will investigate and respond within a reasonable time, seeking to resolve the issue amicably.

Where a dispute cannot be resolved through discussion, both parties may consider mediation or other forms of alternative dispute resolution before pursuing legal action, although this is not a mandatory requirement.

16. Variations to the Agreement

Any changes to the agreed scope of work, pricing or timing must be agreed between the Client and the Company. Variations may be recorded in writing, including by email or updated quotation, to avoid misunderstandings.

The Company reserves the right to update these Terms and Conditions from time to time. The version in force at the time of booking will apply to that particular Agreement, unless both parties expressly agree to adopt a later version.

17. Data Protection and Privacy

The Company will handle personal information provided by the Client in accordance with applicable UK data protection laws. Information will be used for the purpose of managing bookings, providing Services, handling payments and meeting legal obligations.

The Company will not sell the Client’s personal data to third parties. Information may be shared with trusted service providers, such as payment processors or waste carriers, where necessary for the performance of the Services or compliance with law.

18. Force Majeure

The Company is not liable for any failure or delay in performing its obligations where such failure or delay results from events or circumstances beyond its reasonable control. These may include extreme weather, natural disasters, fire, industrial disputes, epidemics, transport disruptions or actions of authorities.

Where a force majeure event occurs, the Company will notify the Client as soon as reasonably practicable and will seek to resume or reschedule the Services once conditions allow.

19. Termination

Either party may terminate an Agreement for ongoing or regular Services by giving reasonable notice, typically at least one full billing period unless a different notice period has been agreed in writing.

The Company may terminate the Agreement immediately where the Client commits a serious breach of these Terms and Conditions, fails to pay sums due, obstructs the performance of the Services, or behaves in an abusive or threatening manner towards Company personnel.

20. Governing Law and Jurisdiction

These Terms and Conditions, and any dispute or claim arising out of or in connection with them or the Services, are governed by and construed in accordance with the laws of England and Wales.

The courts of England and Wales will have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms and Conditions or their subject matter.

By confirming a booking or allowing work to commence, the Client acknowledges that they have read, understood and agree to be bound by these Terms and Conditions.