Gardeners Kensal Green Service Terms and Conditions

These Terms and Conditions set out the basis on which Gardeners Kensal Green provides gardening and related services to residential and commercial customers in the United Kingdom. By placing a booking or allowing work to commence, you agree to be bound by these Terms and Conditions.

If you do not agree to these Terms and Conditions, you must not make a booking or engage our services.

1. Definitions

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

Agreement means the contract between you and Gardeners Kensal Green for the provision of services incorporating these Terms and Conditions.

Services means any gardening, garden maintenance, clearance, landscaping, or related services provided by Gardeners Kensal Green.

We, us, our means Gardeners Kensal Green.

You, your, customer means the person, company, or organisation that requests or receives the services.

2. Scope of Services

2.1 We provide a range of gardening and outdoor services, which may include but are not limited to lawn care, hedge trimming, pruning, planting, border maintenance, garden clearance, soft landscaping and related tasks.

2.2 The exact scope of the services for each booking will be agreed with you before work starts. This may be agreed verbally, in writing, or through a booking confirmation. Only tasks that are clearly agreed will be included in the price or time estimate.

2.3 We reserve the right to decline work that is unsafe, illegal, unsuitable for our expertise or equipment, or not reasonably achievable within the agreed time or budget.

3. Booking Process

3.1 You may request a booking by contacting us and providing accurate details of the property, the type of services required, access arrangements and any other relevant information.

3.2 We may offer either a fixed price based on the information you provide, or an estimate based on an hourly or day rate. In some cases, we may need to visit the property or request photos before confirming the price or scope of work.

3.3 A booking is considered confirmed only when we have accepted it and given you a date and time or time window for the visit. We will use reasonable efforts to keep to agreed appointments but cannot guarantee exact start or finish times.

3.4 For larger projects or ongoing maintenance contracts, we may require a written acceptance of our quotation before work starts.

3.5 You are responsible for ensuring that an adult is available to provide access to the property at the agreed time, unless alternative arrangements have been agreed in advance.

4. Access and Site Conditions

4.1 You must ensure safe and reasonable access to the property and any areas where services are to be performed. This includes informing us of any access codes, locked gates, parking restrictions, or other relevant details prior to the visit.

4.2 The work area should be reasonably clear of obstacles, hazards and personal items before our arrival. We may refuse to work in areas that are unsafe, excessively cluttered or contaminated.

4.3 We are not responsible for delays or incomplete work where access is restricted, keys are unavailable, or parking cannot be obtained within a reasonable distance of the property. Additional waiting or travel time in such circumstances may be chargeable.

5. Prices, Estimates and Quotations

5.1 Prices may be given as a fixed price for a defined scope of work, as an hourly or daily rate, or as a combination of both.

5.2 Any estimate of time or cost is given in good faith based on the information available at the time. If it becomes clear that additional work, time or materials are required, we will inform you as soon as reasonably possible and seek your approval before proceeding.

5.3 We reserve the right to revise prices if the scope of work changes, if information provided by you was incomplete or inaccurate, or if there are unexpected site conditions that significantly affect the work.

5.4 Unless otherwise stated, prices are for labour only and do not include the cost of plants, materials, waste removal, parking, congestion charges or third party fees. These may be charged in addition where applicable.

6. Payments and Invoicing

6.1 Payment terms will be confirmed at the time of booking. Payment may be required in full on completion of the work, in advance, or by deposit and balance for larger projects.

6.2 Where an invoice is issued, payment is due within the period stated on the invoice. If no period is stated, payment is due within seven days of the invoice date.

6.3 We accept commonly used UK payment methods as advised at the time of booking. Cash payments, where accepted, must be made to a duly authorised representative and a receipt should be requested.

6.4 If payment is not received by the due date, we may charge interest on the overdue amount at the statutory rate, and we may suspend or cancel any further services until all outstanding amounts have been paid in full.

6.5 You are responsible for any bank charges or fees arising from international transfers or failed payments.

7. Cancellations and Rescheduling

7.1 You may cancel or reschedule a booking by giving us reasonable notice. Unless otherwise agreed, a minimum of 24 hours notice before the scheduled appointment is required to avoid a cancellation charge.

7.2 If you cancel or reschedule with less than 24 hours notice, or if we arrive and are unable to gain access or commence work for reasons beyond our control, we reserve the right to charge a cancellation fee. This may be a fixed fee or a percentage of the quoted price.

7.3 For larger projects where a deposit has been paid, cancellation less than 72 hours before the start date may result in forfeiture of some or all of the deposit to cover our costs and loss of bookings.

7.4 We may cancel or reschedule a booking if we are unable to attend due to staff illness, adverse weather, unsafe site conditions, vehicle breakdown, or other circumstances beyond our reasonable control. In such cases, we will seek to offer an alternative appointment as soon as practicable. We will not be liable for any consequential loss arising from such cancellation or delay.

8. Weather and Seasonal Conditions

8.1 Gardening work is affected by weather and seasonal conditions. Some tasks may not be suitable or safe to carry out during heavy rain, snow, extreme heat, high winds or other adverse conditions.

8.2 We reserve the right to postpone or modify work where weather conditions make the planned tasks unsafe, impractical or likely to damage your garden or property.

8.3 Any seasonal guidance we provide regarding planting, pruning or maintenance is offered in good faith but cannot guarantee growth, flowering, or long term plant performance.

9. Customer Obligations

9.1 You agree to provide accurate information about the property, existing installations, and any potential hazards such as buried cables, irrigation systems, ponds, pets, or chemicals.

9.2 You must keep children and pets away from the work area and equipment during our visit. We are not responsible for injury or damage caused by failure to supervise children or animals.

9.3 You agree not to instruct our staff to carry out work that is outside the agreed scope, unsafe, or not related to the services we provide.

9.4 If you wish to raise any concerns about the standard of work, you must do so as soon as reasonably possible, preferably on the day of service or within a reasonable period after completion.

10. Waste Handling and Environmental Regulations

10.1 We will make reasonable efforts to minimise waste and to work in an environmentally responsible manner when providing services.

10.2 Unless specifically included in our quotation, removal of green waste, soil, turf, hardcore or other materials from your property is not included in the service. Where requested, waste removal may be provided for an additional fee.

10.3 Where we remove waste from your property, it will be transported and disposed of in accordance with applicable UK laws and regulations relating to waste and environmental protection.

10.4 If you opt to keep waste on site, you are responsible for ensuring that its storage and disposal comply with any relevant local authority or environmental rules.

10.5 We are not responsible for any penalties, charges or enforcement action arising from your failure to comply with waste or environmental regulations where we have not been engaged to manage the disposal.

11. Tools, Equipment and Materials

11.1 We will supply our own tools and equipment unless otherwise agreed. You must not use our tools or equipment without express permission.

11.2 If we agree to use tools, equipment or materials supplied by you, we do so at your risk and we are not responsible for any failure or damage arising from their use.

11.3 Any materials supplied and installed by us remain our property until payment has been received in full.

12. Damage and Liability

12.1 We will exercise reasonable care and skill when providing services. However, minor scuffing, disturbance to soil, or wear from normal gardening activity should be expected and does not constitute damage.

12.2 You must notify us as soon as reasonably possible if you believe that our work has caused damage to your property. We may inspect the damage and, where appropriate, offer repair, replacement or compensation at our discretion and in accordance with our legal obligations.

12.3 We are not liable for:

a. Pre existing damage, defects or disease in plants, lawns, structures or installations.

b. Damage caused by pests, weather, third parties, or factors beyond our control.

c. Loss of enjoyment, loss of profits, loss of opportunity, or any indirect or consequential loss.

12.4 Our total liability for any claim arising under or in connection with the agreement shall be limited, to the fullest extent permitted by law, to the total amount paid or payable by you for the specific service from which the claim arises.

12.5 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 matter for which liability cannot lawfully be excluded or limited.

13. Plants, Lawns and Living Materials

13.1 We will take reasonable care when selecting and installing plants, turf and other living materials, but we cannot guarantee their long term performance, growth or survival due to the many factors outside our control, including weather, soil conditions and aftercare.

13.2 Any advice on watering, feeding, pruning or general aftercare is provided as guidance only. You are responsible for ongoing maintenance unless separately agreed as part of a maintenance contract.

13.3 We are not responsible for plant loss, lawn deterioration or similar issues that arise after completion of the services, unless directly caused by our proven negligence.

14. Complaints and Dispute Resolution

14.1 If you are dissatisfied with any aspect of our services, you should contact us promptly and provide full details of your concerns.

14.2 We will investigate the matter and, where appropriate, seek to resolve it through discussion, clarification, remedial work, or partial refund at our discretion and in line with our legal obligations.

14.3 Both parties agree to make reasonable efforts to resolve disputes amicably before considering formal legal action.

15. Personal Data and Privacy

15.1 We may collect and process personal data such as your name, address, and contact details for the purposes of handling enquiries, arranging bookings, delivering services, and managing payments.

15.2 We will handle your personal information in accordance with applicable UK data protection laws and will take reasonable steps to keep your data secure.

15.3 Your details will not be sold to third parties. We may share data with trusted service providers where necessary to deliver our services or comply with legal obligations.

16. Force Majeure

16.1 We are not liable for any delay or failure to perform our obligations where such delay or failure is due to events beyond our reasonable control. These may include extreme weather, natural disasters, pandemics, strikes, transport disruptions, accidents, or legal restrictions.

16.2 If a force majeure event continues for an extended period, we may cancel the affected services without liability, other than refunding any payment for services not yet provided.

17. Amendments to Terms and Conditions

17.1 We may update or amend these Terms and Conditions from time to time. The version that applies to your booking will normally be the version in force at the time you confirm the booking.

17.2 Continued use of our services following any changes to these Terms and Conditions will be taken as your acceptance of the updated terms.

18. Governing Law and Jurisdiction

18.1 These Terms and Conditions, and any dispute or claim arising out of or in connection with them or their subject matter, shall be governed by and construed in accordance with the laws of England and Wales.

18.2 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 their subject matter.

19. Severability

19.1 If any provision of these Terms and Conditions is held to be invalid, unlawful or unenforceable by a court or competent authority, that provision shall be removed or limited to the minimum extent necessary, and the remaining provisions shall continue in full force and effect.

20. Entire Agreement

20.1 These Terms and Conditions, together with any written quotation or booking confirmation issued by us, constitute the entire agreement between you and Gardeners Kensal Green in relation to the services and supersede any prior discussions or understandings.

20.2 No variation to this agreement shall be effective unless it is expressly agreed by us.