Terms And Conditions
Gardeners Chiswick Terms and Conditions of Service
These Terms and Conditions govern the provision of gardening and related services by Gardeners Chiswick to residential and commercial customers in its service area. By making a booking, accepting a quotation, or allowing our gardeners to commence work at your premises, you confirm that you have read, understood, and agree to be bound by these Terms and Conditions.
1. Definitions
In these Terms and Conditions, the following expressions shall have the meanings set out below.
Client means the individual, business, or organisation booking services from Gardeners Chiswick.
Company means Gardeners Chiswick, the gardening service provider.
Services means any gardening, grounds maintenance, garden clearance, lawn care, landscaping, hedge cutting, planting, or related work supplied by the Company.
Service Area means the geographical areas in which the Company operates from time to time.
Booking means a confirmed request for Services made by the Client and accepted by the Company.
Site means the garden, outdoor space, or other premises at which the Services will be carried out.
2. Scope of Services
The Company provides a range of gardening and related services, which may include, but are not limited to, regular garden maintenance, one-off tidy-ups, lawn mowing, lawn treatments, planting, pruning, hedge trimming, garden clearance, soil preparation, and light landscaping.
The specific Services to be provided will be set out in an agreed quotation, work description, or confirmation message provided by the Company prior to the Booking being finalised. Any additional work requested by the Client on the day of service will be subject to the availability of the gardening team and may incur additional charges.
The Company reserves the right to decline to provide particular Services where it reasonably considers the work to be unsafe, unsuitable for its equipment, outside its usual scope of operations, or prohibited by law or local regulations.
3. Booking Process
Clients may request a quotation or make an initial booking request through the Company’s accepted contact channels. The Company will provide a price estimate based on the information supplied by the Client and, if required, may request photographs or arrange a site visit for a more accurate assessment.
A Booking is only confirmed when the Company has issued a confirmation and, where required, the Client has accepted any quotation or chargeable estimate in writing or through an agreed method. The Client is responsible for ensuring that all details provided, including address, access instructions, and required Services, are accurate and complete.
For ongoing maintenance services, the Company may agree a regular schedule. Such arrangements will continue until cancelled or varied in accordance with these Terms and Conditions. The Company reserves the right to amend scheduled dates and times, and will use reasonable efforts to notify the Client of any necessary changes.
4. Access to the Site
The Client must ensure that adequate access is provided to the Site at the agreed time. This includes access through any gates, communal areas, or security systems required to reach the garden or outdoor area.
If the gardening team is unable to gain access at the arranged time, the visit may be treated as a late cancellation, and the Company reserves the right to charge a call-out or cancellation fee as set out in these Terms and Conditions.
The Client must ensure that any pets are safely secured and that children or vulnerable persons are kept away from tools, machinery, and active work areas during the visit.
5. Client Obligations and Site Conditions
The Client must ensure that the Site is in a safe and suitable condition for gardening work. This includes removal of any sharp objects, hazardous materials, or obstructions that are not part of the agreed work.
The Client must inform the Company in advance of any known underground services, cables, irrigation systems, or other hidden features that may be affected by digging, edging, or planting activities. The Company cannot accept responsibility for damage to underground features which were not disclosed or could not reasonably have been identified.
Where parking restrictions apply, the Client should wherever possible arrange suitable parking for the gardening team’s vehicle close to the Site. Any parking charges, permits, or penalties arising from restrictions that were not disclosed by the Client may be added to the Client’s invoice.
6. Pricing and Quotations
Quotations are based on the information provided by the Client and any site visit carried out by the Company. They are valid for a limited period as indicated with the quotation, after which the Company reserves the right to amend pricing.
Where work is carried out on an hourly or time-based rate, the final charge will be calculated based on the actual time spent on Site, subject to any minimum charge as specified by the Company at the time of booking.
If, upon arrival, the work required materially differs from what was originally described or quoted, the Company will inform the Client and may issue an updated quotation. The Client must approve any revised costs before additional work is undertaken, failing which the Company may limit the work to that which can reasonably be carried out within the originally agreed price.
7. Payment Terms
Payment is due in accordance with the payment terms stated in the quotation, invoice, or booking confirmation. The Company may require payment on completion of the visit, in advance, or within a specified number of days from the invoice date, depending on the nature of the Services and the Client’s status.
Accepted payment methods will be specified by the Company and may include bank transfer, card payment, or other approved methods. Cash payments may be accepted only where explicitly agreed.
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 permitted under UK law, and to suspend further Services until all outstanding sums have been settled.
8. Cancellations and Rescheduling
The Client may cancel or reschedule a Booking by giving the Company reasonable notice. Unless otherwise agreed, at least 24 hours notice is required for cancellation or rescheduling of standard maintenance visits, and at least 48 hours notice is required for larger projects or full-day jobs.
Where the required notice is not given, the Company reserves the right to charge a cancellation fee, which may be up to the full estimated value of the scheduled visit, to cover reserved time, travel, and lost opportunity.
If the Company needs to cancel or reschedule a Booking due to adverse weather, staff illness, equipment failure, or other operational reasons, it will use reasonable efforts to notify the Client as soon as practicable and arrange an alternative date. The Company will not be liable for any indirect loss, such as loss of enjoyment or profits, arising from such rescheduling.
9. Weather and Working Conditions
Gardening work is dependent on suitable weather conditions. Where weather makes the work unsafe or impractical, the Company may at its discretion adjust the work planned for that visit or reschedule the appointment.
The Client acknowledges that certain tasks, such as lawn treatments, planting, or pressure-sensitive work, may not be possible in particular conditions and may need to be postponed to maintain quality and safety standards.
10. Materials, Plants, and Guarantees
Materials and plants supplied by the Company will be of a suitable quality for the intended use. However, the Company cannot guarantee the long-term survival or performance of plants, lawns, or living materials, as these depend on factors beyond its control, including weather, soil conditions, pests, diseases, and Client aftercare.
Any manufacturer or supplier guarantees on materials or products used will be passed on to the Client where possible. The Company’s obligation in respect of defective materials is limited to replacement or a reasonable contribution to remedial work, at its discretion, and subject always to applicable law.
11. Waste Management and Green Waste Regulations
The Company will handle green waste in accordance with relevant waste regulations and good environmental practice. Unless expressly included in the quotation, removal and disposal of green waste may incur an additional charge, reflecting local disposal costs and transport time.
Where practical and requested by the Client, the Company may leave green waste on Site for composting or council collection. In such cases the Client is responsible for ensuring that any council regulations regarding garden waste are followed.
The Company will not remove hazardous or controlled waste, such as asbestos, chemicals, contaminated soil, or items classified as prohibited under applicable waste regulations. The Client must arrange specialist disposal for such materials.
12. Health and Safety
The Company will take reasonable steps to ensure the health and safety of its staff, the Client, and any third parties while providing Services. This includes the appropriate use of tools, machinery, protective equipment, and safe working practices.
The Client agrees not to interfere with or misuse any equipment brought to the Site and to keep children, visitors, and pets away from work areas, tools, and machinery during the visit.
13. Liability and Limitations
The Company will exercise reasonable care and skill in providing the Services. If the Client is unsatisfied with any aspect of the work, they must notify the Company within a reasonable time so that any issues can be investigated and, where appropriate, rectified.
To the maximum extent permitted by UK law, the Company shall not be liable for any indirect or consequential loss, including loss of profit, loss of enjoyment, or loss of opportunity, arising out of or in connection with the Services. The Company’s total liability for any claim arising from a single event or series of related events shall be limited to the total amount paid or payable by the Client for the Services in question.
Nothing in these Terms and Conditions excludes or limits the Company’s liability for death or personal injury caused by its negligence, for fraud or fraudulent misrepresentation, or for any other matter in respect of which liability cannot lawfully be excluded or limited.
14. Damage to Property
The Company will use reasonable care to avoid damage to property, lawns, borders, and structures while carrying out the Services. The Client should highlight any particularly fragile features, fixtures, or items of value before work commences.
Minor scuffing or wear to lawns, paths, or borders may be unavoidable when using machinery or transporting materials, especially in wet or soft ground conditions. The Client acknowledges that such minor effects do not constitute damage for the purpose of a claim.
Any claim for damage must be reported to the Company as soon as reasonably practicable, and in any event within a reasonable period after completion of the relevant visit.
15. Complaints and Dispute Resolution
If the Client has any complaint about the Services, they should contact the Company promptly, providing details of the issue and, where possible, photographs. The Company will investigate and aim to resolve complaints through discussion, remedial work where appropriate, or other reasonable measures.
In the event of a dispute which cannot be resolved directly, both parties will consider in good faith whether the matter can be resolved through negotiation or mediation before commencing formal legal proceedings, without limiting either party’s right to seek legal remedies.
16. Data Protection and Privacy
The Company will handle personal data supplied by the Client in accordance with applicable UK data protection laws. Personal information will be used primarily to manage bookings, provide Services, process payments, and communicate with the Client regarding their garden and appointments.
The Company will not sell or unlawfully share the Client’s personal data with third parties. Certain third-party service providers may process data on the Company’s behalf where reasonably necessary for operations, such as payment processing or invoicing, and will be required to comply with appropriate data protection standards.
17. Changes to Terms and Conditions
The Company may update or amend these Terms and Conditions from time to time to reflect changes in law, regulations, or business practices. The latest version will apply to all new Bookings from the date it is made available.
For ongoing maintenance Clients, any material changes will be notified, and continued use of the Services after such notification will constitute acceptance of the updated Terms and Conditions.
18. 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, 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.
19. General Provisions
If any provision of these Terms and Conditions is found by a court or regulator to be invalid, unlawful, or unenforceable, that provision shall be deemed deleted, and the remaining provisions shall continue in full force and effect.
No person other than the Client and the Company shall have any rights to enforce any term of these Terms and Conditions.
Failure or delay by the Company in enforcing any right or provision under these Terms and Conditions shall not constitute a waiver of that or any other right or provision.
