Gardeners Denmark Hill Service Terms and Conditions
These Terms and Conditions set out the basis on which Gardeners Denmark Hill provides gardening and related outdoor services to residential and commercial clients. By making a booking, accepting a quotation, or instructing us to proceed with any work, you agree to be bound by these Terms and Conditions.
Please read these Terms and Conditions carefully before confirming a booking. If you do not agree with any part of these terms, you should not proceed with a booking or use our services.
1. Definitions
In these Terms and Conditions, the following expressions have the meanings set out below:
Client means the person, firm, or organisation ordering services from Gardeners Denmark Hill.
Company means Gardeners Denmark Hill, the gardening service provider.
Services means gardening, garden maintenance, clearance, landscaping preparation, hedge cutting, lawn care, planting, and any other outdoor services provided by the Company from time to time.
Service Area means the locations in which the Company offers services, including Denmark Hill and surrounding neighbourhoods, as may be updated by the Company from time to time.
Contract means the agreement between the Client and the Company comprising 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 maintenance services within its Service Area. The exact scope of the Services will be as described in the quotation or booking confirmation issued to the Client.
Any additional tasks requested by the Client that are not included in the original quotation may incur extra charges. The Company will endeavour to agree any such additional charges with the Client in advance of carrying out the extra work.
The Company does not undertake structural work, certified tree surgery, gas, electrical, or plumbing work unless expressly agreed in writing and carried out by appropriately qualified and insured personnel.
3. Booking Process
3.1 Initial enquiry
Clients may request a quotation or provisional booking by contacting the Company and providing details of the property, garden size, required services, and preferred dates. The Company may request photographs, descriptions, or a site visit to assess the work accurately.
3.2 Quotations
All quotations are estimates based on the information available at the time of issue. Quotations are normally valid for a limited period, which will be indicated on the quotation or otherwise communicated to the Client. The Company reserves the right to revise a quotation if the scope of work changes or if conditions differ from those reasonably anticipated.
3.3 Acceptance and formation of contract
A Contract is formed when the Client confirms acceptance of the quotation or booking proposal in writing or verbally, and the Company confirms the booking. The Company may, at its discretion, require written confirmation before proceeding.
3.4 Scheduling
Once a booking is confirmed, the Company will agree a date and approximate time window for attendance at the property. While the Company aims to keep to agreed dates and times, all scheduling is subject to weather conditions, traffic, access, and other factors beyond the Company’s control. Time is not of the essence in relation to performance of the Services.
4. Client Responsibilities and Access
The Client must ensure that the Company has safe and reasonable access to the property and garden at the agreed times, including access to any relevant side gates, communal areas, or parking spaces where required.
The Client must inform the Company in advance of any hazards, restrictions, shared access arrangements, or sensitive areas such as ponds, protected habitats, or underground utilities that may affect the performance of the Services.
Where the Client is not present during the visit, the Client is responsible for arranging access and, where applicable, for providing clear written instructions. If the Company is unable to gain access or is delayed due to issues within the Client’s control, the Company may charge a call-out fee or a proportion of the service fee to cover wasted time and travel costs.
5. Materials, Equipment and Standards
The Company will provide appropriate tools and equipment for the Services. Where materials such as plants, turf, soil, mulch, or aggregates are required, these may be sourced and supplied by the Company or by the Client, as agreed in advance.
If the Client supplies materials, the Company is not responsible for their quality, suitability, or performance. Any defects or failures resulting from client-supplied materials are at the Client’s risk.
The Company will carry out the Services with reasonable care and skill and in accordance with generally accepted standards for gardening work in the local area. Horticultural outcomes such as plant growth, flowering, and lawn recovery are naturally variable and depend on weather, soil conditions, maintenance, and other external factors beyond the Company’s control; therefore, no absolute guarantees can be given.
6. Pricing and Payments
6.1 Service charges
Services may be charged on an hourly, daily, per-visit, or fixed-price basis, as specified in the quotation or booking confirmation. Any minimum call-out charge or minimum service duration will be notified to the Client in advance.
6.2 Deposits
The Company may require a deposit for larger projects, materials, or repeat bookings. The deposit amount and payment deadline will be confirmed before work is scheduled. Deposits are typically non-refundable once materials have been ordered or specific time slots reserved, subject to the cancellation terms below.
6.3 Payment terms
Unless otherwise agreed in writing, payment is due immediately upon completion of the Services, or within the timeframe specified on the invoice issued to the Client. The Company may accept payment by bank transfer, card, or other methods as advised from time to time.
For regular maintenance visits, the Company may invoice on a per-visit, weekly, or monthly basis. The Client agrees to keep payment details up to date where automatic or recurring payments are in place.
6.4 Late payment
If the Client fails to pay any amount due by the stated due date, the Company reserves the right to charge interest on the overdue sum and to recover reasonable costs of collection. The Company may suspend or cancel further Services until payment is received in full.
7. Cancellations and Rescheduling
7.1 Client cancellations
The Client may cancel or reschedule a booking by giving the Company as much notice as possible. Where cancellation or rescheduling occurs with less than 24 hours’ notice, the Company may charge a cancellation fee or a proportion of the agreed service fee to cover lost time and costs.
For larger projects and work involving advance purchase of materials, the Company reserves the right to retain all or part of any deposit paid to cover materials ordered, preparation work completed, or other non-recoverable costs.
7.2 Company cancellations
The Company may cancel or postpone a booking where necessary due to severe weather, staff illness, safety concerns, access issues, or other circumstances beyond its reasonable control. In such cases, the Company will endeavour to provide as much notice as practicable and to offer an alternative date. The Company is not liable for any loss arising from such cancellations or postponements, save for refunding any pre-paid sums for Services not provided.
8. Health, Safety and Conduct
The Company will take reasonable steps to ensure that all work is carried out safely and in compliance with applicable health and safety requirements. The Client must not request the Company to carry out any task that is unsafe or beyond the agreed scope of Services.
The Client must keep children, pets, and third parties away from working areas and equipment while the Services are being performed. The Company may suspend work if conditions on site are deemed unsafe or unsuitable.
Both parties agree to behave courteously and respectfully. The Company may withdraw its services if staff are subjected to abusive, threatening, or inappropriate behaviour.
9. Waste Handling and Environmental Regulations
The Company will handle green waste and other garden debris in accordance with applicable waste and environmental regulations. The default position regarding waste removal will be indicated in the quotation or booking confirmation.
Where waste removal is included, the Company will collect and dispose of green waste such as grass cuttings, leaves, prunings, and small branches in a lawful manner. This may be subject to volume limits; excessive waste or bulky items may incur additional charges or require a separate waste collection service.
Where waste removal is not included, the Company may bag or stack green waste neatly within the Client’s property, for the Client to dispose of via local authority collections or other lawful means.
The Company does not routinely remove soil, rubble, large tree stumps, hazardous materials, or non-garden waste unless specifically agreed as part of the quotation. The Client is responsible for complying with local regulations regarding bonfires, composting, and any on-site disposal of garden waste.
10. Liability and Insurance
The Company will maintain appropriate public liability insurance for the Services it provides within its Service Area. Evidence of insurance can be provided upon reasonable request.
While the Company takes care to avoid damage to property, gardens, and neighbouring areas, minor damage or disturbance may occur as an unavoidable consequence of gardening work, especially in adverse conditions. The Client must notify the Company promptly of any alleged damage or issues arising from the Services.
The Company’s liability for any loss or damage arising from the Services is limited to the amount paid or payable by the Client for the specific service giving rise to the claim, except where such limitation is not permitted by law. The Company is not liable for indirect, consequential, or economic losses, loss of enjoyment, loss of profits, or loss of anticipated savings.
Nothing in these Terms and Conditions limits or excludes the Company’s liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot lawfully be limited or excluded.
11. Guarantees and Plant Survival
The Company will use reasonable care in selecting and planting vegetation, turf, and other living materials. However, the survival and performance of plants, lawns, and similar living items depend on ongoing care, weather, pests, disease, soil conditions, and other factors beyond the Company’s control.
Unless expressly stated in writing, no guarantee is given that plants, turf, or seeds will establish, grow, or flower in a particular way or within a particular period. The Client is responsible for following any aftercare instructions provided, including watering, feeding, and protection from frost or extreme heat.
12. Complaints and Dispute Resolution
If the Client is dissatisfied with any aspect of the Services, the Client should raise the matter with the Company as soon as possible, ideally within 48 hours of completion of the relevant work. The Company will review the complaint, may request further information or photographs, and will work with the Client to seek a fair and reasonable resolution.
Where appropriate, the Company may offer to rectify issues by revisiting the property, adjusting an invoice, or taking other reasonable steps. Any goodwill gestures are made at the Company’s discretion and do not constitute an admission of liability.
13. Data Protection and Privacy
The Company will collect and use personal information such as names, addresses, and contact details for the purpose of managing bookings, providing Services, issuing invoices, and maintaining client records. The Company will take reasonable steps to keep such information secure and will not sell personal data to third parties.
The Client agrees that the Company may store contact details and service history for administration and service improvement. The Client may request access to or correction of their personal information held by the Company, subject to applicable data protection laws.
14. Amendments to Terms and Conditions
The Company reserves the right to amend these Terms and Conditions from time to time. The latest version will apply to all new quotations and bookings. Where changes significantly affect existing ongoing contracts, the Company will take reasonable steps to inform affected Clients.
15. Governing Law and Jurisdiction
These Terms and Conditions, and any dispute or claim arising out of or in connection with them or the Services provided by the Company, shall be governed by and construed in accordance with the laws of England and Wales.
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 their subject matter.
16. General Provisions
If any provision of these Terms and Conditions is found to be invalid, unlawful, or unenforceable, that provision shall be treated as modified to the minimum extent necessary to make it valid, lawful, and enforceable, and the remaining provisions shall continue in full force and effect.
No failure or delay by the Company in exercising any right or remedy under these Terms and Conditions shall operate as a waiver of that or any other right or remedy.
The Client may not assign or transfer any of their rights or obligations under the Contract without the Company’s prior written consent. The Company may assign or subcontract its rights and obligations where this does not materially affect the Client’s rights.
These Terms and Conditions, together with any quotation or booking confirmation, constitute the entire agreement between the Client and the Company in relation to the Services, and supersede any prior agreements, understandings, or representations, whether oral or written.