Gardeners Chelsea Service Terms and Conditions
These Terms and Conditions set out the basis on which Gardeners Chelsea provides gardening and related services to residential and commercial clients. By making a booking, accepting a quotation, or allowing work to commence, you agree to be bound by these Terms and Conditions.
1. Definitions and Interpretation
In these Terms and Conditions, the following expressions have the meanings set out below.
Client means the person, company, or organisation requesting the services and responsible for payment.
Company means Gardeners Chelsea and any of its employees, workers, agents, or subcontractors engaged to provide the services.
Services means any gardening, garden maintenance, landscaping preparation, clearance, planting, lawn care, hedge cutting, pruning, seasonal tidy-up, or related work carried out by the Company.
Site means the garden, grounds or property at which the Services are to be performed.
Contract means the agreement between the Client and the Company incorporating these Terms and Conditions and any written quotation or booking confirmation.
2. Scope of Services
The Company will provide the Services with reasonable skill and care, consistent with good horticultural practice and within the scope agreed at the time of booking or as set out in any written quotation.
Any description of Services given verbally or in writing is for the purpose of identification and clarification only. The exact scope of work will be confirmed in the booking confirmation or quotation document, which may include a description of tasks, estimated time, and any specific Client requests.
Where the Company provides recommendations or advice on planting, products, or maintenance, such advice is given in good faith but does not create any guarantee of performance, longevity, or outcome, as these may depend on factors beyond the Company’s control such as weather, soil conditions, pests, diseases and subsequent care by the Client.
3. Booking Process
Bookings may be made by the Client by contacting the Company and providing details of the requested Services, the Site address, and any preferred dates or times. The Company may request photographs or an initial visit to assess the Site before confirming a booking or issuing a quotation.
Once the Company has reviewed the Client’s requirements, it may provide a quotation or an estimate and propose available dates. A Contract is formed when the Client accepts the quotation or confirms a booking and the Company issues a booking confirmation.
For regular maintenance visits, the Company and the Client will agree a schedule, such as weekly, fortnightly, monthly, or seasonal visits. The schedule may be subject to change due to weather conditions, access issues, or other operational requirements, in which case the Company will endeavour to give the Client reasonable notice of any necessary changes.
The Client is responsible for ensuring that all details provided at the time of booking are accurate and complete, including access instructions, any restrictions at the Site, and any known risks or hazards.
4. Quotations and Pricing
Quotations are based on the information available at the time and are generally valid for a limited period as stated on the quotation. If no period is stated, quotations will be valid for 30 days from the date of issue, after which the Company reserves the right to revise pricing.
Quotations may be provided on a fixed price basis for clearly defined work, or on an hourly or day rate basis where the full extent of work cannot be determined in advance, such as garden clearance or overgrown gardens. In the case of hourly or day rate work, any time estimates are indicative only and not binding.
If, upon arrival at the Site or during the course of the work, it becomes apparent that additional work, materials or time are required which were not reasonably foreseeable at the time of quotation, the Company will inform the Client as soon as reasonably practicable. Any additional charges will be agreed with the Client before that extra work is undertaken wherever possible.
All prices are stated in pounds sterling. Unless expressly stated otherwise, prices are exclusive of any applicable taxes, disposal fees and material costs, which may be added as appropriate.
5. Access and Client Obligations
The Client must ensure that the Company has safe and reasonable access to the Site on the agreed date and time. This includes providing keys, gate codes, entry instructions, parking arrangements, and ensuring that any pets or animals are suitably secured.
The Client must notify the Company in advance of any Site-specific risks, such as uneven surfaces, hidden obstacles, unsafe structures, ponds or water features, or the presence of hazardous materials. The Company reserves the right to suspend or refuse work if it considers the Site to be unsafe.
The Client is responsible for ensuring that any required consents, permits or permissions, such as from neighbours, landlords or local authorities, are obtained prior to the commencement of Services where applicable.
The Client must not request the Company to undertake any work that is unlawful, unsafe, or in breach of regulations or third-party rights.
6. Materials, Plants and Equipment
Unless otherwise agreed, the Company will supply all tools and equipment required to carry out the Services. The Client agrees not to use the Company’s tools and equipment and acknowledges that they remain the property of the Company at all times.
Where materials, plants, turf, compost, or other products are supplied by the Company, ownership of such items will pass to the Client only upon full payment of all sums due under the Contract. Until payment is received, the Company may remove any materials it has supplied if lawful and practical to do so.
The Company will endeavour to supply materials and plants as specified, but reserves the right to substitute equivalent items of similar quality where particular products are unavailable, subject to reasonable consultation with the Client where appropriate.
7. Payments and Invoicing
Payment terms will be set out in the quotation or booking confirmation. Unless otherwise agreed in writing, the Client will be required to pay either in full on completion of the Services or in accordance with staged payments for larger projects.
The Company may require a deposit or advance payment for materials or to secure a booking, particularly for significant works, bespoke orders, or where third-party suppliers are involved. Any deposit requirements will be clearly communicated before the Contract is formed.
Invoices will be issued by the Company by agreement with the Client. Payment is due within the timeframe stated on the invoice. If no specific period is stated, payment will be due within 7 calendar days of the invoice date.
If the Client fails to make payment by the due date, the Company reserves the right to suspend further Services, charge interest on the overdue amount at a reasonable commercial rate, and recover any costs incurred in the collection of outstanding sums.
All payments must be made in pounds sterling by a method accepted by the Company. The Company may decline certain payment methods at its discretion.
8. Cancellations and Rescheduling
The Client may cancel or reschedule a booking by providing reasonable notice to the Company. Unless otherwise stated in writing, the following will normally apply.
Where the Client cancels or reschedules with more than 48 hours notice before the scheduled start time, no cancellation fee will normally be charged, although non-refundable deposits for materials already purchased may still apply.
Where the Client cancels or reschedules with less than 48 hours notice, the Company may charge a cancellation fee of up to the value of the minimum call-out or the first booked session, to cover lost time and associated costs.
If the Company needs to cancel or reschedule due to weather conditions, staff availability, safety concerns or other circumstances beyond its reasonable control, it will inform the Client as soon as possible and offer an alternative date. The Company will not be liable for any loss arising from such rearrangements but will seek to minimise inconvenience to the Client.
For ongoing maintenance contracts, either party may terminate the arrangement by giving written notice in accordance with any agreed notice period, or, if no period is specified, by giving at least 14 days notice.
9. Waste Removal and Garden Waste Regulations
Garden waste generated in the course of providing the Services, such as grass cuttings, prunings, branches and general green waste, will be handled in accordance with applicable local and national waste regulations.
Unless expressly included in the quotation or booking confirmation, the removal and disposal of garden waste is not automatically included in the Service price. The Client and the Company must agree in advance whether waste will be removed from the Site by the Company, left in the Client’s compost area or garden waste container, or otherwise managed.
Where waste removal is included or requested, an additional charge may apply to cover transport, disposal fees and time. The Company will dispose of waste only at authorised facilities or in accordance with licensed arrangements as required by law.
The Company will not remove hazardous waste, contaminated materials, soil with suspected pollutants, or any items that fall outside the definition of garden waste, such as general household rubbish, unless specifically agreed and lawful to do so.
10. Liability and Limitations
The Company will take reasonable care to avoid damage to the Client’s property while carrying out the Services. However, the Client acknowledges that certain works, such as tree pruning, hedge cutting, lawn treatments and planting, may carry inherent risks and that minor, incidental damage may occasionally occur.
The Company’s total liability under or in connection with the Contract, whether in contract, tort, negligence or otherwise, shall be limited to the total price paid or payable by the Client for the specific Services giving rise to the claim, except where such limitation is not permitted by law.
Nothing in these Terms and Conditions shall exclude or limit the Company’s liability for death or personal injury resulting from its negligence, for fraud, or for any other matter which cannot be lawfully excluded or limited.
The Company shall not be liable for any indirect or consequential losses, loss of profit, loss of enjoyment, or loss of opportunity arising from or in connection with the Services, including delays or cancellations due to adverse weather, access problems, or factors beyond the Company’s control.
The Client is responsible for the ongoing care and maintenance of plants, lawns and garden features following completion of the Services. The Company cannot guarantee the survival or performance of plants, turf or seeded areas where subsequent care, watering, feeding or protection from pests and weather is outside its control.
11. Insurance
The Company will maintain appropriate insurance cover for its activities, including public liability insurance and, where applicable, employer’s liability insurance, in line with industry norms.
Evidence of insurance may be provided to the Client upon reasonable request. The existence of insurance does not extend or increase the Company’s liability beyond that set out in these Terms and Conditions.
12. Complaints and Dispute Resolution
If the Client is dissatisfied with any aspect of the Services, the Client should raise the concern with the Company as soon as possible, preferably within 7 days of the relevant visit or completion of the work, so that the Company has a reasonable opportunity to investigate and, where appropriate, rectify the issue.
The Company will consider all complaints in good faith and may offer to revisit the Site, adjust the Services, or take other reasonable steps to address the Client’s concerns where it is found that the Services did not meet the agreed standard.
Both parties agree to attempt to resolve any disputes amicably and in good faith before considering formal legal action.
13. Force Majeure
The Company shall not be in breach of the Contract nor liable for delay in performing, or failure to perform, any of its obligations if such delay or failure results from events, circumstances or causes beyond its reasonable control. These may include severe weather, flooding, storms, drought, fire, illness, accidents, transport disruptions, or actions of third parties.
In such circumstances, the Company will use reasonable endeavours to notify the Client and to resume performance as soon as reasonably practicable.
14. Data Protection and Privacy
The Company will collect and use personal information provided by the Client, such as name, address and contact details, for the purposes of administering bookings, providing Services, processing payments and maintaining records.
The Company will take reasonable steps to keep such personal information secure and will not share it with third parties except where necessary for the performance of the Services, compliance with legal obligations, or with the Client’s consent.
15. Variations to Terms
The Company reserves the right to amend these Terms and Conditions from time to time. Any changes will generally apply to new quotations and bookings and will not affect existing Contracts that have already been accepted, unless the Client and the Company agree otherwise in writing.
No variation to the Contract or these Terms and Conditions shall be effective unless it is expressly agreed by both parties in writing.
16. Governing Law and Jurisdiction
These Terms and Conditions, and any Contract formed under them, shall be governed by and interpreted 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 and Conditions or their subject matter.
17. Severability
If any provision of these Terms and Conditions is found to be invalid, unlawful or unenforceable, that provision shall be deemed deleted, but such deletion shall not affect the validity and enforceability of the remaining provisions.
18. Entire Agreement
These Terms and Conditions, together with any quotation or booking confirmation issued by the Company and accepted by the Client, constitute the entire agreement between the parties in relation to the Services and supersede any prior understandings, representations or agreements, whether oral or written.
The Client acknowledges that it has not relied on any statement, promise or representation made or given by or on behalf of the Company which is not set out in the Contract.
